A report by the East African Legislative Assembly has faulted  the EAC Secretary General, Amb. Libérat Mfumukeko, over the decision to terminate employment contracts for staff in a key department of the Community last June.

The report, compiled by the East African Legislative Assembly’s committee on regional affairs and conflict resolution, was presented to the Assembly on Tuesday, in Kampala, Uganda, by MP Mike Sebalu (Uganda).

The employees of the Africa Peace and Security Architecture (APSA) support programme were later reinstated.

But the MPs said attempts to fire the employees and shut down the EAC APSA structures was done without following required procedures.

"Additionally, the leadership style of the Secretary General alienated, ignored and or excluded the input and advice of all other personnel in the Secretariat,” Sebalu said.

"The Committee could not find a single individual who agreed with the actions of the Secretary General on this matter.”

MPs observed that the Secretary General did not explore in totality all advice, technical input or suggestions with less drastic and or intrusive action with less risks, before deciding to terminate the employees’ contracts.

"He was not interested in any other solution or outcome that would have retained the staff concerned or kept the structures functioning,” Sebalu said.

The EAC APSA structures are part and parcel of the AU peace and security framework.

Some affected employees last year lodged a case at the East African Court of Justice (EACJ), seeking order to overturn the Secretariat’s decision.

Court ruled the matter had already been settled after the Secretary General stopped the termination process, in accordance with the Council of Ministers’ resolution of September 5, 2016.

The EAC’s central decision-making and governing organ had noted that necessary procedures for termination were not followed and directed the Secretariat to overturn it and to amicably settle pending litigation.

Earlier, in August, EALA adopted a resolution calling for investigations on serious allegations concerning bad governance in the EAC Secretariat. Speaker Daniel Kidega referred the matter concerning the staff of the EAC APSA programme to the Committee on Regional Affairs and Conflict Resolution.

CTC in difficult situation

 In June 2016 the Secretary General instructed the Director Human Resources and Administration to terminate contracts of APSA staff due to lack of funds to sustain their employment and activities.

The report notes that notwithstanding legal advice from the principal legal adviser to the Community, or the Counsel to the Community (CTC), Mfumukeko stood by the decision to issue termination notice to the APSA project staff due to lack of funds.

The report says the Council may have to revisit this matter to "address some of the more serious consequences arising from the actions of Secretary General.”

The report called on the Secretary General to adopt a consultative leadership style and team work that is guided by principles of good governance within the Community in general and the EAC Secretariat in particular.

Before the report was adopted, yesterday, lawmakers said they did not comprehend how anyone would attempt to close down a department that handles matters of peace and security for the region.

MP AbuBakr Ogle (Kenya) urged members to uphold their leadership oath by putting the interests of the bloc before anything else.

The Assembly has every right as an oversight body, Ogle said, adding that he would "not fear to move a vote of no confidence” in the person of the Secretary General.

In his final submissions yesterday, Sebalu said: "It is not that we love the SG less, rather it is because we love East Africa more. There was nothing personal. That is the spirit of the engagement.”

In his defence, Mfumukeko told the House that when he took over last year, he encountered challenges with donor funded projects.

Mfumukeko said: "I have been consulting extensively. I would like to assure everyone that we were not targeting anyone.”

Winding up the debate, Speaker Kidega said, "we are all acting in good faith to get a common direction.”

Aware that the employees were reinstated, Kidega stressed that the Assembly was merely doing a postmortem to make sure that what went wrong never happens again.

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