UGANDA: AG Byaruhanga writes to Anite, rejects her orders to fire UTL’s Bemanya
The Attorney General William Byaruhanga has written back to Investment minister Evelyn Anite explaining why she can’t sack Uganda Telecom LTD administrator Bemanya Twebaze.
In his letter dated July 1 2019, Byaruhanga says Bemanya’s position is guaranteed by a deed executed between UTL and the Official Receiver in May 2017.
“Your request to the Auditor General to audit the company was rejected on grounds that since the company is under Administration, which is a court controlled process, this may potentially pose legal challenges. “
“Secondly, that it would not be prudent to commence a special audit process at this point in time and should be done once the administration process is concluded.”
Byaruhanga advised Anite to only seek an audit once the administration process expires in November 2019.
He says only the creditor can apply to court seeking the removal of the administrator not the minister.
Byaruhanga warns that as a shareholder the ministry of Finance cannot apply to court to remove the administrator and that such an application is bound to fail.
“…The minister may choose to request then to pursue this option only if there is evidence that the administrator is not complying with his duties under the Administration Deed, the Insolvency Act or any other law or any orders or directions of court.”
—— AUTO – GENERATED; Published (Halifax Canada Time AST) on: July 01, 2019 at 03:53PM