Kakuru and Co. Advocates, who represent Green Watch, a pressure group that has gone to court to force government to make the PPA public, filed it as an affidavit in the High Court. The PPA is between government and Bujagali power developers. The Solicitor General said in a letter to the High Court last week that “it has been discovered that in actual fact, there is/was no Power Purchase Agreement executed between the Government (Respondent) and AES Nile Independent Power” as alleged by GreenWatch. “It is not possible for us to produce a non-existent document,” says the letter signed by James Matsiko. Copies of the alleged agreement dated Dec. 8, 1999, seen by The Monitor bear a stamp of the Parliament of Uganda dated Mar. 2, 2000. Uganda Electricity Board’s South African managing director Paul Mare signed the PPA on behalf of UEB and US based AES Corporation vice chairman, Mark Fitzpatrick signed for the local AES Nile Power. Former UEB chairman Kagule-Magambo was a witness. Shonubi, Musoke & Co. Advocates and CMS Cameron McKenna were counsels for AES Nile Power Limited in drawing up the agreement. The Attorney General and Hunton & Williams of Richmond, Virginia USA, acted as counsels for UEB. Energy minister Syda Bbumba was not available for comment yesterday and Attorney General Francis Ayume said he could not comment on a document he has not seen. “What are the issues? Until they check the content, I wouldn’t really be able to answer whether this office was involved in drafting the document you are talking about,” said Ayume. “I handle hundreds of documents.” An affidavit filed in the High Court July 26 says a Member of Parliament provided the PPA on July 24, a day before government denied the existence of the agreement. The Public Relations Officer to Parliament, Kagole Kivumbi said that, ideally, if the document bears a stamp of Parliament it is a property of Parliament. This means that for such a document to be used in court, permission is to be sought from the Clerk to Parliament. “I can’t ascertain, today being a Sunday,” he said. “Alternatively, the document may have reached Parliament but it may not have been tabled on the floor or before a committee,” he added. Kenneth Kakuru of Kakuru & Co. Advocates said yesterday that they would today serve the Attorney General with a copy of the power agreement. AES Nile Power project manager Henry Kikoyi could not be reached for comment. The copy of the PPA says that it must remain confidential for five years from the time of the termination of the agreement.