The Parliamentary Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) has ordered the arrest of Uganda Human Rights Commission (UHRC) Chairperson Mariam Wangadya after she failed to appear before the committee for the second time.
COSASE Chairperson Muwada Nkunyingi directed the Criminal Investigations Directorate (CID) to arrest Wangadya and produce her before the committee at 9:00 a.m. on Tuesday for scrutiny of the Auditor General’s report.
The committee said Wangadya had been given additional time to appear but failed to provide satisfactory reasons for her absence.
Parliament records show that COSASE had summoned Wangadya to appear as part of its scrutiny of the Auditor General’s report.
According to the committee, Wangadya instead communicated through the Accounting Officer that she would appear before another parliamentary committee, a position COSASE rejected.
Nkunyingi said officials summoned by a parliamentary committee cannot choose which committee to appear before or when to honour a summons.
“The Uganda Human Rights Commission, for all purposes and intent, in matters relating to accountability and Auditor General’s report scrutiny, is responsible and accountable to PAC COSASE, this particular committee,” Nkunyingi said.
He added: “When any officer of Uganda Human Rights Commission is accordingly invited, you must accord such invitation not as a way of good gesture, but in response to lawful invitation and summons.”
Nkunyingi said a summoned person cannot decide which committee to appear before, insisting that Wangadya should be brought before COSASE by force.
“A witness or summoned [person] cannot choose where to appear and when to appear. The chairperson, a one Mariam Wangadya, choosing to tell us where she intends to appear, is rejected by this committee,” he said.
The COSASE chairperson said the committee had considered Wangadya’s response to the second summons and found it unsatisfactory.
“Now that this has been the second invitation, and she has not accorded us justifiable reasons within her response as to why she is unable to attend, but rather that she will attend other committees, we have little reason to believe that if invited again, she will honour our invitation,” Nkunyingi said.
Invoking the special powers of parliamentary committees, Nkunyingi said COSASE has powers similar to those of the High Court in enforcing the attendance and examination of witnesses.
“I will accordingly proceed and rule under Rule 218 that provides for special powers of committees,” he said.
He cited Rule 218, sub-rule (d), which provides that in enforcing the attendance of witnesses and examining them on oath or affirmation, a parliamentary committee has powers of the High Court.
Nkunyingi further cited provisions allowing the committee to order the arrest and confinement of a witness for purposes of an investigation.
“Now that the chairperson has not given us satisfactory reasons for her failure to attend, I want to proceed under this Rule 218, specifically sub-rule (e), to order for the arrest and the production of Mariam Wangadya tomorrow at nine at Parliament,” he ruled.
He instructed CID to locate Wangadya, arrest her and bring her before the committee.
“I want to instruct our CID to look for Mariam Wangadya, arrest her for purposes of bringing her to this committee at 9:00 a.m.,” Nkunyingi ordered.
The development comes as COSASE continues to examine accountability and audit queries arising from reports of the Auditor General concerning government agencies and commissions.
The committee has maintained that the UHRC, in matters relating to accountability and scrutiny of the Auditor General’s findings, is required to respond to its lawful summons.
