By Mulyowa Jimmy
Kampala: The minister for the presidency Milly Babalanda’s decision to replace Dr. Patrick Ibembe as board chairperson of Uganda Security Printing Corporation (USPC) and also as a board member of Uganda Printing and Publishing Corporation (UPPC) did not come out of the blue, this news site reports!
It has emerged that not only did Dr. Ibembe tender in his resignation from the two important boards, but also the artoney General Kiwanuka Kiryowa advised the minister to replace him after he chose to quit.
“Hon. Milly Babalanda, between June and August 2021, I have been to Nairobi 3times on medical grounds, work pressure has been cited as one of the reasons from my ailing health. Hon. Minister, I request kindly to accept my resignation from the two boards above, in order for me to address my health. Thank you very much for having allowed me serve as a director on the two corporations. Please accept my resignation. Respectively yours” Dr. Ibembe Patrick in his letter chanced on by our Inspectors told the minister.
However, even as he took a unilateral decision to quit immediately without prior notice to the minister, a skillful Babalanda smelt a rat. She thus rushed to the Attorney General Kiwanuka Kiryowa for a legal opinion on three grounds arising from Dr. Ibembe’s resignation.
1. What does the law state in a situation where an official resigns in the midst of an investigation, moreover where they are implicated in fraudulent actions,
2. What does the law says about resignations made through emails
3. Given the current situation, whether the minister has powers to appoint a new board chairperson in order not to paralyze the operations at USPC where the board chairperson plays a critical role.
It should be recalled that Dr. Ibembe Patrick was the chairperson of USPC board and also a board member of UPPC!
“Indeed, employees resign to avoid disciplinary action in the face of serious allegations of misconduct like theft, unauthorized possession of company property or fraud. In such instances, an employer may elect to file a criminal case against the employee. From the foregoing position, Dr. Ibembe Patrick has the option to resign while investigations are ongoing and in the circumstances you may accept the resignation but inform him that the resignation does not exonerate him from the ongoing investigations and any criminal charges that may result from the same” AG Kiwanuka told Babalanda in his letter seen by the Inspector.
“From the above provisions of the law, it is clear that information tendered electronically such as the resignation in issue (Dr. Ibembe’s) has legal effect and is tenable in law” AG Kiwanuka advised Babalanda.
As for issue 3 on whether the minister had powers to replace the USPC board chairperson, the AG cited clause 8.3 of the Joint venture agreement which provides that the 1st share holder (UPPC) shall by written notice to the company (USPC) at it’s registered or principle office and the second shareholder (Germans) be entitled to appoint 3-non-executive directors of the company at any time and to have any director so appointed removed.
MIN. BABALANDA UPPC SCANDAL INTERVENTIONS AT A GLANCE!
1. On July 15 2021, a whistleblower sends a dossier to Hon. Milly Babalanda about the fraud going on in UPPC by the (then) board and management of the corporation.
2. Whistleblower makes a follow up on the scandal on August 15 2021 this time warning that the fraudsters were about to fleece UPPC accounts of its billions.
3. Babalanda forwards the Intel to CID and criminal investigations commence on August 16 2021
3. August 17 2021, Minister Babalanda summons a meeting of both the board of UPPC and staff. Majority of them snub the meeting.
4. August 22 2021, board members enter UPPC offices and make off with vital files from UPPC offices
5. August 23 2021, minister Babalanda swings the axe and interdicts the board and top staffs in UPPC to enable them not access more files in their offices to kill the investigations.
6. August 25 2021, Dr. Ibembe Patrick send email to Babalanda unilaterally resigning from his position as USPC board chairperson
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