BROKE? Gov’t blocks bailiffs, courts from attaching MDAs, districts’ bank accounts, property
The GoU has declared it illegal for court bailiffs to attach bank accounts and property belonging to government agencies and District Local Governments to settle a debt.
Police also stand to blame in case it witnesses an execution of that kind.
This has been decreed by the GoU’s chief lawyer, Attorney General Kiryowa Kiwanuka in response to the President,
Uganda Court Bailiffs Association.
The bailiffs’ boss had written to the AG seeking legal advice on how to go about executions against Government Agencies and District Local Governments.
According to the AG, executions against Government are regulated by the Government Proceedings Act and the Civil Procedure (Government Proceedings) Rules.
He avers that rule 15 of the Civil Procedure (Government Proceedings) Rules prohibit the application of the following provisions of the Principal Rules against Government.
These are order 22 (Execution of decrees and orders); order 23 (Attachment of debts); and order 42 (Appointment of Receivers).
“It is our considered view and opinion therefore that these provisions are applicable to Government Agencies and the District Local Governments whose activities are funded by Government through the consolidated Fund.
“Article 154 of the Constitution prohibits the withdrawal of funds from the consolidated fund unless authorized by Parliament through Appropriation Acts of Parliament. Parliament in compliance with the Constitution appropriates funds for a particular purpose. To use the funds for any other purpose would be illegal,” the AG advises.
Therefore, he goes on, any execution in satisfaction of Court decisions must be in compliance with the law.
That they have to be covered under the Government budget or, Government plan for revenue and expenditure for a financial year.
“It is therefore our opinion that unless provided for in the revenue and expenditure for a given financial year to cater for the Court award, such executions against Government, its agencies and District Local Governments are illegal and cannot be witnessed by the Uganda Police.
I so advise.”
The development comes at a time when the GoU is reportedly financially struggling to run some of its programs through budgetary support like clearing domestic creditors who are now turning guns against the former by running to courts for remedy.
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