David Chandi Jamwa, the former Managing Director of the National Social Security Fund (NSSF), is facing a devastating blow as the Constitutional Court, led by Justice Catherine Bamugemereire, dismissed his petition to avoid imprisonment. This decision has left Jamwa in tears and facing a 12-year jail term, with an additional 10 years of being barred from holding any public office upon his release.
Jamwa’s legal battle stems from his conviction in 2011 by retired judge John Bosco Katutsi, the former head of the Anti-Corruption Court. He was found guilty of causing financial loss to NSSF. The prosecution alleged that between September and December 2007, while serving as the head of the fund, Jamwa sold government bonds held by NSSF to the now-defunct Crane Bank at a price below their actual worth, resulting in financial losses for the government totaling Shs3.16 billion.
Despite consistently denying the charges, Jamwa was sentenced and convicted. He appealed the decision in both the Court of Appeal and the Supreme Court but failed to overturn the conviction. In fact, the Supreme Court not only upheld the conviction but also added four more years to his sentence.
Undeterred, Jamwa and his legal team, led by senior counsel Peter Kabatsi and Bruce Musinguzi of Kampala Associated Advocates (KAA), challenged the judgments of the lower courts, arguing that they violated several articles of the Constitution, including Article 2(2), 135(l), 126(2)(b), 28(1), 28(3)(d), and 44(c).
During the hearing, Kabatsi emphasized the prolonged duration of the appeals process, citing delays in the Court of Appeal and the subsequent judgment. He argued that this violated Article 126(2)(b) of the Constitution, which guarantees timely justice and a fair hearing. Kabatsi further criticized the conduct of the single justice who delivered the judgment at the Court of Appeal, alleging a denial of the petitioner’s right to be heard and raising concerns about the authenticity and validity of the judgment.
However, the State Attorney Bichachi Ojambo raised a preliminary objection, challenging the Constitutional Court’s jurisdiction to hear the matter. Ojambo argued that the issues brought up by Jamwa had already been determined and resolved by the Supreme Court, and no constitutional questions were raised that required further interpretation.
In its judgment, the Constitutional Court sided with the State Attorney, dismissing Jamwa’s petition and refusing to award costs. Justice Bamugemereire, in her lead judgment, highlighted the tension between interpreting the Constitution and enforcing its commands. She stated that not every dissatisfaction automatically necessitates a constitutional answer. Moreover, she explained that the appellate courts do not typically interfere with sentences imposed by trial courts unless they are deemed manifestly excessive or represent a miscarriage of justice.
Justice Bamugemereire concluded that the petition was res judicata, meaning that it had already been adjudicated and settled by a competent court. As a result, the majority of the panel agreed to dismiss the petition, deeming it lacking in merit.
While serving his 12-year imprisonment sentence, which began in 2018 after his unsuccessful appeal at the Supreme Court, Jamwa has the option to appeal the Constitutional Court’s decision at the Supreme Court.
The dismissal of Jamwa’s petition marks a significant setback in his legal battle, leaving him to grapple with the prospect of a lengthy prison term and the implications of being barred from holding public office upon release.
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