David Chandi Jamwa with his relatives during a session at court of Appeal in 2014 (File photo)
KAMPALA – The President has exercised his executive power to grant clemency to 13 inmates, including former National Social Security Fund (NSSF) managing director David Chandi Jamwo, scheduled for release on Thursday. The pardons are rooted in humanitarian considerations and the health challenges the prisoners face, marking a turning point in the administration’s approach to the criminal justice system.
A Second Chance on Health Grounds
The pardons, announced by the President, include individuals with chronic health issues that are difficult to manage within the confines of prison. This decision underscores the administration’s commitment to human rights and compassion, even towards those who have been found guilty in the eyes of the law. It’s a significant shift, bringing the well-being of prisoners into the national conversation and questioning the efficacy of incarceration as a means of justice for those with serious health conditions.
“In the exercise of the power vested me in by article 123 of the Constitution of the Republic of Uganda, 1995 amended and on the advice of Advisory committee on Prerogative mercy. I grant pardon to the persons below on public health and humanitarian grounds.” reads part of the instrument.
David Chandi Jamwo: A High-Profile Pardon
Among those pardoned is David Chandi Jamwo, the former managing director of the National Social Security Fund. Jamwo was serving a 12-year sentence for abuse of office and causing financial loss, convicted by an Anti-Corruption court for causing the NSSF a financial loss of sh3 billion. His release is particularly notable given his previous high-profile role and the length of his sentence. The decision to pardon Jamwo suggests an acknowledgment of his health struggles and a willingness to rectify what may be perceived as a judicial error.
Executive Clemency: A Tool for Justice
This round of pardons illustrates the use of executive clemency as a tool for justice, capable of correcting judicial mistakes and offering a second chance to those facing undue hardship. While the power to pardon can be controversial, it represents an essential check and balance in the justice system, reminding us of the human element that lies at the heart of all legal proceedings.
The others pardoned alongside Jamwa are Ntale Vicent, Drabo Nelson, Omirambe James, Aliama Samuel, Leku Francis, Kabila Joseph, Yoha Ayitia alias Samu, Kato Fred and Owino Jackson.
The Anti-Corruption High Court Division in 2011, former NSSF Managing Director, David Chandi Jamwa, for causing loss of over sh3b to the social security fund. He was sentenced to a 12-year jail sentence which he has been still serving.
As part of the sentence, Jamwa was barred from holding any public office for 10 years.
Being dissatisfied with the decision and based on his constitutional right, he appealed against both conviction and sentence. However, he didn’t succeed after the panel of three justices; Steven Kavuma and Opio Aweri upheld the lower Court’s decision.
He petitioned the Supreme Court which also upheld the conviction and sentence based on the majority decision including Justice Lilian Tibatemwa, Justice Paul Mugamba, and Justice Eldad Mwanghuya. Dr Esther Mayambala Kisakye and Jotham Tumwesigye dissented to the sentence and conviction.
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