By David Lukoma

Former Idi Amin soldiers are smiling to the bank, after government agreed to pay them Ushs34bn, we can reveal.The payment is like manna from heaven:  the Supreme Court had dismissed the ex-servicemen claim, saying it was time barred.

The ex-combatants had claimed that they were still serving soldiers, because they were never officially discharged. Accordingly, they claimed payment for all the time they had been soldiers, albeit on katebe.

Justice George William Kanyeihamba, while still serving on the Supreme Court, found their argument self defeating, arguing that they never requested for deployment from successive governments, meaning they put themselves out of the army.

But The Sunrise exclusively reveals the government entered a deal the court's ruling not withstanding- with the ex-servicemen, committing to pay Ushs34bn to the former combatants.

The windfall is a culmination of several meetings between the ex-servicemen and a task force set up by the Ministry of Defence to work out a send off package to the ex-servicemen.

Our investigations reveal that the Ministry of Defence Personnel and Administration boss, Col Martin Temera represented his employer's task force, while Amin's former Chief of Staff, Maj. Gen. Yusuf Gowan, chaired the ex-combatants task force.

Subsequently, a deal was entered on June 24 last year, where government agreed to pay 12,343 ex-combatants, pending verification of the other 32,663 alleged beneficiaries.
Mindful of Justice Kanyeihamba's holding, government treated the payment as a favor, legally termed ex-gratia payment, to the ex-combatants.

"State may exercise its discretion and make payment or extend a favor to a claimant against the State who is for legal or a technical reason is unable to enforce his claim through court," notes the agreement entered between the army's task force and that of ex-combatants.

The agreement gives such legal barriers as the passage of the legal deadline within which a claimant can bring a claim in court or where there has been an abrupt change of government which goes on to disown liability for meeting the claim.

Meanwhile, lawyers who represented the ex-combatants have run to court, claiming a 17% of their total payment. They represented the ex-combatants in the High Court all the way to the Supreme Court.

Matovu, Matovu and Company Advocates and Seguya and Company Advocates are asking court to direct government to make direct deductions of the ex-combatants money, to go towards their remuneration.

"The respondents are scattered all over the country and the applicants will not be able to meet each of them for payment of their remuneration," argue the lawyers, who disclosed the UShs34bn that government is about to pay out to the ex-combatants.

We have established that the lawyers in April this year, obtained a court order, directing the ex-combatants to pay 17% of the total claim they were to receive from government.
"We have established from one of the claimants that government has actually agreed to pay UShs34bn from Akiiki Kiiza, one of the ex-combatants.

He has also told us that government would pay the money directly to each claimant," claim the lawyers as they express fear that the payees would dash off, rendering their remuneration impossible. Justice Yorokamu Bamwine will hear the lawyers' request. blog comments powered by Disqus

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