The new Attorney General Kiryowa Kiwanuka and the new Minister of Agriculture, Animal Industry and Fisheries Frank Tumwebaze have disagreed on the re-appointment of the Uganda Coffee Development Authority (UCDA) Managing Director Dr. Emmanuel Iyamulemye.
In a letter dated September 29th, 2021 that The Ugandan Wire has accessed, the Attorney General advises the Minister that he doesn’t have power under the law to appoint the MD of UCDA.
BACKGROUND
A few months back the Uganda Coffee Development Authority (UCDA) started the process of contracting a company to develop a Mobile App that will be used to register coffee farmers across the country.
The revelation was made by Dr. Iyamulemye, during a breakfast meeting that was held at Serena Hotel in February early this year to discuss developments to facilitate the coffee export business.
Things didn’t seem to move well with the Managing Director of Uganda Coffee Development Authority (UCDA)’who fell into hot soup following the revelation of some documents that allegedly showed how he pulled out Uganda’s membership from the International Coffee Organization(ICO) after his contract expired and frantic efforts to have his contract renewed hit a snag.
As if that was not enough, Dr. Iyamulemye is said to have traveled to Dubai to attend the Dubai EXPO despite being warned against traveling there by Minister Tumwebaze and is due to fly back to the country this Friday.
The Dubai Expo 2020 is a World Expo currently hosted by Dubai in the United Arab Emirates (UAE) from 1 October 2021 to March 2021 (182 days). President Museveni is in attendance.
TUMWEBAZE SEEKS LEGAL ADVICE
On September 24, 2021, Minister Tumwebaze wrote a letter (ADM7/166/01) addressed to the Attorney General seeking legal interpretation regarding whether it was fine for him to re-appoint Dr. Iyamulemye as Managing Director.
In his letter to the AG, Tumwebaze noted that following the enactment of the National Coffee Act 2021, Cabinet was yet to sit to appoint a Board of Directors for Uganda Coffee Development Authority (UCDA).
Apparently, the minister was informing the AG that the UCDA Managing Director’s contract was expiring on September 30, 2021, and was seeking legal interpretation if he was right to renew the MDs contract.
In his response, quoting Section 22(1) of the National Coffee Act No. 17 of 2021, the Attorney General said that there shall be a Managing Director who shall be appointed by the Board on such terms and conditions as the Board may determine.
According to the new Coffee Act Section 14 (4), it notes that the members of the board shall be appointed by the Minister, except the Managing Director thereby rendering Hon. Tumwebaze out of order as per the letter from the Attorney General.
“In view of the above provisions of the law, the appointing authority of the Managing Director is the board and not the minister,” wrote the Attorney General.
The AG said it would be ultravires for the minister to exercise the function of the board.
“Accordingly, I advise that a board be appointed to enable it to appoint a Managing Director of Uganda Coffee Development Authority,” advised Kiwanuka Kiryowa.
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