MTN Uganda files complaint against chief magistrate
MTN Uganda has lodged a formal complaint of misconduct with the Judicial Service Commission (JSC) in Uganda, against the chief magistrate of the Buganda Road Magistrates Court, Sylvia Nabagala.
It comes on the back of a case of tax evasion at MTN Uganda.
The mobile operator has expressed concern about the magistrate’s professional misconduct, citing her contradictory rulings and disregard of due process.
The complaint notes that the magistrate issued summons for the directors and executives of MTN to take a plea, yet the court record has no formal charges and the said summons were not reflected in the court record.
According to MTN Uganda, the summons was dated November 7, 2012, a day after the same magistrate had transferred the case to the director of public prosecutions to investigate the allegations.
Earlier this week Reuters reported that CEO and president, Sifiso Dabengwa, along with other senior managers were summoned by a Ugandan court to face tax fraud charges.
The international media company wrote that Dabengwa, and 12 officials including the chairperson and CEO of MTN’s Ugandan unit, were ordered to appear in court on December 12 to face charges of tax evasion, conspiracy to make false customs declarations and conspiracy to evade taxes.
However, MTN states that it was not aware of the issuance of the said summons and when the group’s legal counsel checked with the court following the press articles, they learnt that the summons had been ‘strangely’ extracted from Magistrate Nabagala by private lawyers who had earlier been ordered to hand over the matter to the DPP.
According to the complaint to the JSC, MTN lawyers, together with the resident state attorney, sought audience with Magistrate Nabagala who confirmed the issuance of the summons.
MTN said that a perusal of the summons showed that, although the order to issue them was made on the 19 November 2012, they were dated 7 November 2012.
The mobile operator said that there was no charge sheet on the record nor was there a record of proceedings before her between 6 November, when the chief magistrate pronounced her ruling in an open court with counsel for all parties present, and on 19 November, when the order was supposedly issued.
“For the Magistrate to have allowed that obviously ill-intentioned private person to obtain criminals summons in the manner she did, thus affording him the opportunity to have the same published to the world, knowing the negative consequences that portray, demonstrates gross recklessness and absolute indifference against our client,” the complaint stated.
The alleged complainant, Mr. Naphtal Were, was already facing charges of defrauding MTN Uganda, USD5m as well as attempted fraud of UShs. 600 million from MTN Uganda. And in the process of searching his home, the police found stolen MTN property-11 solar power inverters, with an estimated value of UShs. 140 million.
“Without prejudice to the above statement and clarifications, MTN reserves its rights to prosecute any third party who will commit further defamation, or propagate false information to the detriment of MTN Uganda and the MTN Group as a whole,” MTN said.
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