Mabirizi has also moved to seek a certificate of urgency such that the case can be heard and determined expeditiously since the hearing of cases was suspended by the Chief Justice Alfonse Owiny-Dollo due to Covid-19.
City lawyer Male Mabirizi has petitioned the High Court Kampala challenging the decision by President Yoweri Museveni to appoint several Ministers citing different grounds. He is also challenging the appointment of a higher than stipulated number without prior parliamentary resolution.
On June 8th, 2021 Museveni announced appointment of 32 cabinet ministers and 50 state ministers who included serving army officers General Katumba Wamala and David Muhoozi who were named Minister of Works and Transport and State Minister for Internal Affairs respectively.
However, in his petition filed before the Civil Division of High Court against the government, Mabirizi states that the law restricts the president to 21 cabinet ministers and 21 state ministers except with prior approval by Parliament.
"That I know the above was illegal because the law restricts him to 21 Cabinet Ministers and 21 Deputy Ministers/Ministers of State except with prior approval of Parliament. I know that Parliament has never sat to approve expansion of Cabinet Ministers and Deputy Ministers of State", reads the affidavit in part.
Now Mabirizi wants Court to declare the decision to appoint excess ministers by the President illegal and the same be quashed.
Mabirizi also wants Court to issue an order blocking the appointed ministers from appearing before Parliament for approval, taking oath as ministers and assuming their offices.
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Mabirizi who has instituted the case together with the association of money lenders ; Money lenders Union Limited, also contests the appointment of Katumba Wamala and David Muhoozi on ground that serving army officers don't qualify to be appointed as ministers.
According the documents before Court Mabirizi further singles out the named minister of Micro Finance Kyeyune Haruna Kasolo who he accuses of not being in possession of the required academic qualifications to a member of Parliament and minister.
He argues that Kyeyune Haruna Kasolo never completed the minimum formal education of advanced level or its equivalent adding that the two names of his are from two different clans in Buganda which he suspects that could have obtained them trying to hide something.
"That as a money lenders' leader, I have on several times interacted with him on matters that concern lenders during his 2016-2021 tenure and discovered that he is not qualified", reads the affidavit.
It adds that " I also discovered that the name Kyeyune and Kasolo belong to different Baganda Clans, Kyeyune for Nakinsige clan and Kasolo for Ffumbe clan".
According to Mabirizi, "A person cannot belong to two clans and accordingly, it is highly probable that the said Kyeyune Haruna Kasolo interchanged academic documents for another person.
Mabirizi now wants court to declare the decision by the president to appoint Kasolo as the State Minister for Micro Finance is illegal.
He has also moved to seek a certificate of urgency such that the case can be heard and determined expeditiously since the hearing of cases was suspended by the Chief Justice Alfonse Owiny-Dollo due to Covid-19.