KAMPALA, Uganda | The High Court of Uganda has cleared Steven Henry Mwanje, Chief Finance Officer (CFO) of the National Social Security Fund (NSSF), of serious allegations that stemmed from a parliamentary inquiry. The ruling, delivered by Justice Ssekaana Musa, emphasizes the importance of due process and clarifies the boundaries of parliamentary oversight.

The issue arose from a Select Committee investigation initiated by Parliament to assess governance and financial practices at the NSSF. While the committee’s report aimed to address concerns over fund management and protect public interest, it included recommendations that specifically targeted Mwanje. The report, adopted in March 2023, suggested that he should step aside, face termination, and be prosecuted for allegedly practicing accountancy without a valid certificate. These recommendations posed a significant threat to Mwanje’s career and reputation.

Justice Ssekaana’s decision provided a critical review of the Select Committee’s process. The court determined that the committee had overstepped its mandate by making findings and recommendations directly affecting Mwanje’s employment and recommending prosecution. According to the judgment, these actions exceeded the committee’s oversight authority and were outside its terms of reference. Justice Ssekaana emphasized that such overreach rendered the committee’s recommendations unlawful.

The court also focused on the procedural fairness of the investigation. Mwanje was not given sufficient notice of the specific allegations against him or an opportunity to respond fully, a violation of his constitutional right to fair treatment as provided under Article 42. Justice Ssekaana noted that individuals facing potentially adverse administrative actions must be informed and allowed to defend themselves. The lack of such notice and opportunity meant that the committee’s findings failed to meet the standards of natural justice.

The judgment further addressed the committee’s misinterpretation of the Accountants Act. The court found that Mwanje’s duties as CFO, which involved financial oversight and strategic management, did not constitute practicing accountancy as defined by the Act. This clarification invalidated the committee’s recommendation that he be prosecuted for lacking a practicing certificate. The court concluded that the findings and recommendations related to this accusation were legally baseless.

The ruling emphasized that while parliamentary oversight is essential for accountability and transparency, it must be conducted within legal and procedural limits. Justice Ssekaana’s decision reinforced that investigations must be fair, grounded in law, and respectful of the rights of individuals involved. Findings that lack these qualities risk being annulled.

The judgment has significant implications for how oversight is conducted. It serves as a reminder that while holding institutions accountable is important, it must not come at the expense of procedural integrity or individual rights. For Mwanje, the decision was not just a legal victory but a restoration of his professional standing. For public bodies, it was a clear message that due process and respect for the law are non-negotiable in the pursuit of accountability.