Makubuya’s necessary letter to an errant client

Hassan Basajjabalaba is our local hardscrabble to riches story. For Basajja’s mischief at till, President Museveni is now personally responding to allegations of impropriety in the manner in which the government (the then Kampala City Council) divested itself of property only to buy it back with little or quid pro quo and spend an exorbitant Shs142 billion. It is a poorly kept secret in town that Mr Basajjabalaba, while a leading light of the ruling NRM, is well-invested in all the major political players in town. In fact, political gossip has it that sometime ago, a shocked Kizza Besigye, the FDC president, had to turn away a big fundraising prospect from Basajjabalaba sourced by some of his most trusted aides. It is also no secret that it was a DP-led KCC that made all these repetitive offers to Basajjabalaba. Basajjabalaba’s long list of accomplishments and efforts is worth a Nobel prize in business in Ugandan terms. He runs an emergent institution of higher education. Judges, professors and lawyers respond positively to his name. Mr Fix It in town is no small man in the faith-based business; he is an executive member of the Uganda Muslim Supreme Council. Two weeks ago, HB with the help of police, iron sheets enveloped one of the last open spaces in town- the Clock Tower Sports Ground. In May last year, riot police guarded another of Basajja’s trophies on William Street- a Tabliq property. Basajja’s only equals in surviving at the apex of politics and business are possibly Caleb Akandwanaho, the president’s brother now mostly quiet; Kamlesh Pattni next door in Kenya whose Goldenberg scheme fleeced 20 per cent of Kenya’s GDP in fake export reimbursements. Edward Khiddu Makubuya, the Katikamu South MP and former Attorney General, the 63-year-old former law don, is not alone or the first in the Basajjabalaba web. Khiddu, as he is popularly known, has been able to bravely put to pen and articulate the Basajja mystery and from whence it sprung. No major player in this town, whether in business or politics, has emerged without help from President Museveni. Many of these men and women quietly continue about their business, use their references from Nakasero well and have parlayed them into substantial business empires. A few beneficiaries of presidential pardons and mercies quietly retreat to the dull business of baking their bread. Khiddu’s letter captures this state of affairs in the boldest language ever. Khiddu’s letter to the appointing authority is an important precedent for history. First he notes that the nature of the relationship between the AG and the President/Government is that of attorney/client. Some NRM PAC committee members in part succeeded in piercing the nature of this relationship. Khiddu describes himself as an unwilling communicant but also indirectly lays blame at the foot of the NRM whip who should have whipped the NRM majority in avoiding to set a dangerous legal precedent. Khiddu raises a second important point of the constitutional nature of the office of AG and the deference that his successor Peter Nyombi should accord his decisions. At this point no one has placed Makubuya’s fingers in a cookie jar or direct criminal mischief. Rather, Makubuya is in the pan for legal advice rendered to his client. How does Makubuya defend himself from serious criminal jeopardy without tabling confidential minutes endangering the very heart of government? This column pointed out this problem in the Bukenya case; and the paralysis it has caused all across government. In one of the Chogm cases, the IGG intends to rely on private notes of a convicted Engineer in Chief to pin his former boss- Works Minister John Nasaasira. By waiving confidentiality of his legal advice and opinions, Makubuya correctly points out that no bar exists to undressing the emperor; after all he enjoys immunity from all proceedings civil and criminal in Uganda. Makubuya asserts a third point (politely though) that his advice is advisory in nature and superiors and subordinates across government are free to ignore it. This puts the implementation of the Basajja directives back to the President whose other appointees– Finance Minister Syda Bbumba and Emmanuel Tumusiime Mutebile, BoU Governor– caused the writing of letters of comfort upon which commercial banks advanced billions of shillings to Basajjabalaba. Makubuya may never be a Charles Njonjo. Njonjo was larger than life. He directed the scheme of palace activities that led to the ascension of Daniel arap Moi to the Kenyan presidency in 1978. In Uganda, that place of honour probably belongs to G. Lukongwa Binaisa who, in 1966, drafted an entire constitution overnight and had it stuck in MPs’ pigeon-holes before drafting a republican constitution one year later. Abu Mayanja, a witty and humorous attorney, did his part by pushing for a series of laws that kick-started the making of the 1995 Constitution. However, Khiddu’s tenure expanded greatly the role of AG as the nation’s principal legal advisor. This will become more apparent as his successors navigate the wily and treacherous rivers of politics. Mr Ssemogerere, an attorney and social entrepreneur, practices law in New York. kssemoge@gmail.com