admin
Fidelis Munyoro-Chief Court Reporter
The Constitutional Court is next month expected to hear former National Social Security Authority (NSSA) chairman Mr Robin Vela’s application seeking permission to appeal the Supreme Court decision upholding the report from BDO Chartered Accountants that linked him in corrupt transactions.
Three judges of the apex court are expected to consider the matter set for September 16, when the superior courts open for their final term. Chief Justice Luke Malaba is yet to name the judges to hear the case.
If the application is granted, then a full bench of the court will be constituted for the substantive hearing of the appeal.
Mr Vela is challenging the Supreme Court in June this year that allowed BDO’s appeal against a High Court judgment, quashing the audit report against him.
He wishes to appeal against the decision on the grounds that it erred in law when it allowed BDO’s appeal in breach of his right to equal protection of the law.
In this case, he argues that the apex court is now the only place where his constitutional rights can be vindicated.
The Supreme Court allowed BDO’s appeal on the basis that the accounting firm was not an administrative authority and therefore its report cannot be revised.
Mr Vela regarded the ruling as a violation of rights. He has since signed up lawyers comprising Professor Lovemore Madhuku, Advocate Lewis Uriri and Adv Method Ndlovu instructed by Mutamangira and Associates, to argue the matter.
In his application, Mr Vela, is asking the court to set aside the judgment of the court below and order that the appeal made by BDO be dismissed because it could not appeal when it had no judgment against it and, secondly, that the judgment of the Supreme Court infringed on his rights.
By making a finding that BDO was not an administrative authority and did not carry out an administrative act within the meaning of the Administrative Justice Act, Mr Vela argues that the Supreme Court denied him aright to access justice in breach of the constitution.
Mr Vela said as long as there is a finding against him he should be allowed to challenge the same. And in this case, he argues, the judgment of the Supreme Court totally shuts the door and simply states that NSSA had the last say on the matter and he cannot speak on it.
He implores the apex court not to allow a report which was made in violation of rules of natural justice to stand. The question for determination at the apex court is one that is key to the law of the country.
It is whether or not the decision of the NSSA carried out through the medium of the other parties can be challenged in terms of the provisions of the Administrative Justice Act.
So, the apex court is required to make a definitive pronouncement on delegation of Constitutional powers by the Auditor General and whether BDO acted under the Auditor General’s authority and then whether the investigation constituted reviewable action.
The High Court had dismissed BDO report on NSSA as biased, incompetent and riddled with inaccuracies in the case in which Mr Vela had contested the audit report on the basis that in carrying out the audit, the accounting firm was exercising public power.
Online Reporter