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PS Nassali returns to office despite pending court case
Dr Rose Nassali Lukwago, the PS Judicial Service Commission
What you need to know:
- Dr Nassali was arrested on August 8, 2019 and was to that effect, charged with causing financial loss of Shs33.8m for having allegedly facilitated an over payment to a human resource hiring firm while she was working with the Education ministry.
The Permanent Secretary and secretary to the Judicial Service Commission (JSC), Dr Rose Nassali Lukwago, is back in office despite a pending corruption case against her.
Dr Nassali was arrested on August 8, 2019 and was to that effect, charged with causing financial loss of Shs33.8m for having allegedly facilitated an over payment to a human resource hiring firm while she was working with the Education ministry.
She was later interdicted by then line minister, Maj Gen Kahinda Otafiire, to pave way for investigations.
However, last month, Dr Nassali resumed duty after the Attorney General, Mr Kiryowa Kiwanuka, gave a legal opinion that her continued interdiction beyond six months had become illegal as per the Public Service Standing Orders.
It’s upon this legal opinion that President Museveni, in his capacity as the appointing authority, ordered for her reinstatement through the head of civil service. “My return to office is very legal. The prolonged 28 months that I was on interdiction had turned out to be illegal since the law talks of six months,” Dr Nassali said at the weekend.
“So the legal opinion rendered by the AG will save many civil servants who are unjustifiably on long interdiction,” she added. Dr Nassali explained the Mr Kiwanuka gave in his legal opinion, warned that government would lose a lot of money in terms of damages if she had gone ahead to sue over prolonged interdiction.
“If I had gone to court to challenge my prolonged interdiction, government would be ordered to pay [a lot] of money in damages, so the Attorney General advised against the same leading to the lifting of my interdiction,” she added.
A source that this publication talked to on condition of anonymity, warned that the legal opinion rendered by Mr Kiwanuka may be used as a reference by other civil servants who have been on interdiction beyond six months to push for their return to office.
“This legal opinion in the long run could jeopardise the investigations since suspects will be allowed to return to office, mix with witnesses and tamper with evidence, weakening the case,” the source added.
Mr Kiryowa yesterday said: “Yes, I rendered opinion because when a person is on interdiction, they continue earning half pay of their salary and if they are later found innocent, say after three years, they would have been paid for that long without doing any government work. You also have to pay them arrears, so there was need to lift the interdiction.”
Dr Nassali’s corruption case resumes on April 19.
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