INSPECTORATE OF GOVERNMENT
INSPECTORATE OF GOVERNMENT
REPORT TO PARLIAMENT
JULY – DECEMBER 2014
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INSPECTORATE OF GOVERNMENT HEAD OFFICE Jubilee Insurance Centre. Plot 14, Parliament Avenue. P. O. Box 1682 Kampala Tel: +256-414 344 219 | +256-414 259 738 (General lines) +256-414 255 892 | +256-414 251 462 (Hotline) +256-414 347 387 Fax: +256-414 344 810 | Website: www.igg.go.ug Vision: Mission: Core Values: “Good Governance To Promote Good Governance through Integrity, with an Ethical and enhancing accountability, Transparency Impartiality Corruption Free and the enforcement of the rule of law and Professionalism Society” administrative justice in public offices Gender Equality and Equity OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENT Inspector General of Government Ms. Irene Mulyagonja Kakooza Tel: +256 414 259 723 | Fax: +256 414 344 810 +256 414 257 590 | Email: [email protected]
Deputy Inspector General of Government Deputy Inspector General of Government Mr. George Nathan Bamugemereire Ms. Mariam Wangadya Tel: +256 414 259780 Tel: +256 414 259709 Email: [email protected] Email: [email protected]
Information and Internal Inspection Division Public and International Relations Division Head: Mr. Stephen Kasirye Head: Ms. Munira Ali Bablo Tel: +256 414 342113 Tel: +256 414 231530 Email: [email protected] Email: [email protected]
DEPARTMENT OF FINANCE AND ADMINISTRATION Secretary to the Inspectorate of Government Undersecretary finance and Administration Mr. Bageya Waiswa Ms. Glory Ananun Tel: +256 414 259788 Tel: +256 414 230398 Fax: +256 414 257590 Email: [email protected] Email: [email protected] DIRECTORATES DIRECTORATE OF OPERATIONS DIRECTORATE OF LEADERSHIP CODE Director Operations Director Leadership Code Hajji Abon Muzamil Ms. Annet Twiine Kyokunda Tel: +256 414 346116 l Email: [email protected] Tel: +256 414 342133 Fax: +256 414 230409 l Email: [email protected] DIRECTORATE OF EDUCATION AND DIRECTORATE OF LEGAL AFFAIRS PREVENTION OF CORRUPTION Ag. Director Legal Affairs Director Education and Prevention of Ms. Corruption Sarah Birungi Tel: +256 414 342135 / +256 414 343739 Mr. Jossy Jules Rwereeza Fax: +256 414 230399 Tel: +256 414 348613 Email: [email protected] Fax: +256 414 230389 l Email: [email protected] DIRECTORATE OF REGIONAL OFFICES DIRECTORATE OF OMBUDSMAN AFFAIRS Director Regional Offices Director Ombudsman Affairs Mr. Joram Magezi Mr. David Makumbi Tel: +256 414 346116 | Email: [email protected] Tel: +256 414 251380 l Email: [email protected] PROJECT MONITORING DIVISION Director Project Monitoring Mr. James Penywii Tel: +256 414 347388 | Fax: +256 414 330400 Email: [email protected]
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REGIONAL OFFICES
Arua Regional Office Masaka Regional Office Plot 1Weather Head, Park Lane, 29/31 Victoria Road, National Water P.O. Box 789, Arua. Building Tel: 0476-420317 P.O. Box 925, Masaka. Email: [email protected] Tel: 0481- 421 766 Email: [email protected]
Fort Portal Regional Office Mbale Regional Office Plot 1A Mugurusi Road Plot No 20 Masaba Road P.O. Box 157, Fort Portal. P.O.Box 24, Mbale. Tel: 0483-423010/ 1, Tel: 0454-435029/ 35255 Email: [email protected] Email: [email protected]
Gulu Regional Office Mbarara Regional Office Plot A1 Ogwok Ayaru Road Plot 17 Muti Drive, Mbarara Pece Division, Gulu Municipality P.O. Box 1903, Mbarara. P.O. Box 771, Gulu. Tel: 0485-421068 Tel: 0471-432569 Email: [email protected] Email: [email protected]
Hoima Regional Office Moroto Regional Office 17 Orphanage Road Plot 3 Odeke Road P.O.Box 113, Hoima. P.O. Box 104, Moroto. Tel: 0465-440 260 Tel: 0352-278373 Email: [email protected] Email: [email protected]
Jinja Regional Office Moyo Regional Office Plot 35 Rippon Gardens Road Moyo S.S Road P.O. Box 303,Jinja. P.O. Box 192 Moyo. Tel: 0433- 20160/ 0434-122688 Tel: 0393 280 102 Email: [email protected] Email: [email protected]
Kabale Regional Office Mukono Regional Office Babukika Road Plot 16 Paul Mukasa Road, P.O. Box 981, Kabale. Opposite Mukono District EC Offices Tel: 0486-422461/ 423 085 P.O. Box 901 Mukono. Email: [email protected] Tel: 0414 692042/3 Email: [email protected]
Kampala Regional Office Soroti Regional Office Plot 1645 Gyagenda Road Plot 73 Gweni Road Ntinda Kiwatule P.O. Box 346, Soroti. P.O. Box 1682,Kampala. Tel: 04544-61584/61784 Tel: 0414-580499 Email: [email protected] Email: [email protected]
Lira Regional Office Tororo Regional Office Plot 4 Osman Road Plot 45 Kashnir Road P.O. Box 1, Lira. Tororo Municipality Direct Line: 0473-420099 P.O. Box 5, Tororo. Email: [email protected] Tel: 0454-445534/3 Email: [email protected]
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TABLE OF CONTENTS
Page Table of Contents ...... i List of Figures ...... iii List of Tables ...... iv List of Appendices ...... v Abbreviations & Acronyms ...... vi Acknowlegement ...... vii Executive Summary ...... viii
CHAPTER ONE: INTRODUCTION Constitutional Mandate ...... 1 Functions of the Inspectorate of Government ...... 1 General powers of the Inspectorate of Government ...... 1 Special powers of the Inspectorate of Government ...... 2 Jurisdiction and Independence of the Inspectorate of Government ...... 2 Strategic Objectives of the Inspectorate of Government (2010-2014) ...... 2 Organization of the Inspectorate of Government ...... 2 Regional Offices of Inspectorate of Government ...... 6
CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION Introduction ...... 8 Investigations ...... 8 The fight against Corruption in Uganda ...... 14 Trends of complaints registered in Regional Offices and Recommendations .. 16 Arrests made ...... 17 Prosecutions ...... 18 Civil cases ...... 19
CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTION Introduction ...... 20 Ombudsman Complaints handled ...... 20 Challenges in implementation of Ombudsman investigations .. .. 21 Future plans ...... 21 Specific recommendations to Government ...... 21 REPORT TO PARLIAMENT i JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE Introduction ...... 22 Activities carried out during the reporting period ...... 22 Gifts declared by leaders ...... 23 Constraints faced in enforcing the Leadership Code of Conduct .. 23 Future plans ...... 23 Recommendations to Government ...... 24
CHAPTER FIVE: PREVENTIVE MEASURES Introduction ...... 25 Public Awareness Programmes ...... 25 International Anti – Corruption Day Commemoration activities .. .. 27 Integrity Ambassadors Club Activities ...... 33 Training/sensitization of Public Servants ...... 36 Policy and Systems Study...... 36 Challenges in carrying out Policy & Systems studies ...... 38 Future plans ...... 38 Media Relations ...... 38 Monitoring, Training and Inspection of Government Projects .. .. 39 Social Accountability and Community Monitoring ...... 44
CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION Training ...... 46 International Cooperation programmes ...... 46 International Collaboration ...... 47
CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS Challenges and constraints ...... 49 Future Plans ...... 50 Recommendations ...... 51
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LIST OF FIGURES Page
Figure 1 Funtions of the Department of Finance and Administration .... 4
Figure 2 Functions of the Divisions ...... 5
Figure 3 Functions of the Directorates ...... 5
Figure 4 Graph showing investigations handled by the Inspectorate of Government 9
Figure 5 How to make a complaint to the IGG ...... 10
Figure 6 Graph showing the trend of arrests and prosecutions for the years 2006 – 2014 ...... 18
Figure 7 Workload for the period July – December 2014 ...... 59
Figure 8 Categorization of Complaints Registered by Gender for the period July – December 2014 ...... 60
Figure 9 Complaints received through SMS system during the period July – December 2014 ...... 60
Figure 10 Comparison of Investigations for the periods January –
June 2014 and July – December 2014...... 61
Figure 11 Trend of complaints registered at the Kampala Headquarters and Regional offices for the years (2005-2014) .. 62
Figure 12 Trend of complaints investigated and completed by the IG (2005-2014) 62
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LIST OF TABLES
Table I Workload during the period July – December 2014 ...... x Table II Some of the Achievements registered July – December 2014 .. .. xiv Table III Coverage of IG Regional Offices ...... 6 Table IV Investigations carried out by the Inspectorate ...... 8 Table V Corruption Complaints investigated and completed during the period July – December 2014 ...... 10 Table VI The Departments/Institutions most complained against for the last 5 years (2010-2014) ...... 12 Table VII Ombudsman Complaints investigated and completed ...... during the period July – December 2014 ...... 21 Table VIII Mutually Agreed Action Plan on PRDP Implementation from the Consultative Meetings Held n Gulu, Mbale and Lira Districts.. 40 Table IX Training and International Cooperation...... 46 Table X Institutions and Action Officers that have not implemented IG Recommendations ...... 53 Table XI General Performance of the IG for the period July – December 2014 .. 58 Table XII Number of complaints registered by the Inspectorate of Government for the period July – December 2014 ...... 61 Table XIII Complaints received according to districts for the Period July – December 2014 ...... 63 Table XIV The nature of complaints investigated and completed during the period July – December 2014 ...... 66 Table XV Departments/Institutions complained against during the Period July – December 2014 ...... 67 Table XVI Arrests effected between July – December 2014 ...... 71 Table XVII Summary of concluded prosecution cases during the Period July – December 2014 ...... 74 Table XVIII On-going Prosecution/pending cases by the end of December 2014 ...... 76 Table XIX Criminal Appeals by the end of December 2014 ...... 80 Table XX Summary of on-going Civil cases during the period July – December 2014 ...... 84
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LIST OF APPENDICES
Appendix A Institutions and Action Officers that have not implemented
IG Recommendations ...... 52
Appendix B A statistical presentation of IGG investigations and other activities .. 57
Appendix C Arrests ...... 70
Appendix D Prosecution cases ...... 73
Appendix E Litigation cases ...... 83
Appendix F Some of the letters of Appreciation received ...... 86
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ABBREVIATIONS AND ACRONYMS ACACIA African Centre for Anti-Corruption Studies AG Attorney General Ag. Acting AIP Assistant Inspector of Police ARU Arua Regional Office CAA Civil Aviation Authority CADP Corporate and Development Plan CAO Chief Administrative Officer CFO Chief Financial Officer CIID Criminal Investigations and Intelligence Department CMGs Community Monitoring Groups Component CPS Central Police Station CSO Civil Society Organization CTs Community Trainers D/CAO Deputy Chief Administrative Officer DANIDA Danish International Development Agency DEI Directorate of Ethics and Integrity DEO District Education Officer DEP Directorate of Education and Prevention of Corruption/IG DHO District Health Officer DIGG Deputy Inspector General of Government DLA Directorate of Legal Affairs/IG DLC Directorate of Leadership Code/IG DLG District Local Government DOA Directorate of Ombudsman Affairs/IG DOP Directorate of Operations/IG DPP Director of Public Prosecutions DRO Directorate of Regional Offices/IG DTM Data Tracking Mechanism EAAACA East African Association of Anti-Corruption Authorities EPRC Economic Policy Research Centre ESAMI Eastern and Southern African Management Institute GIZ Deutsche Gesellschaft fur Internationale Zusammenarbeit(Germany Cooperation) HQT Headquarters IACs Integrity Ambassadors Clubs IEC Information, Education and Communication IG Inspectorate of Government IGG Inspector General of Government III Information and Internal Inspection ISO Internal Security Officer IUIU Islamic University in Uganda KCCA Kampala Capital City Authority LC Local Council LCA Leadership Code Act LCV Local Council Five LDC Law Development Centre
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LG Local Government MD Managing Director MDA’s Ministries, Departments and Agencies MKN Mukono Regional Office MOE&S Ministry of Education, Science, Technology and Sports MOY Moyo Regional Office MRT Moroto Regional Office NA Not Applicable NAADS National Agricultural Advisory Services NACS National Anti-Corruption Strategy NDA National Drug Authority NFA National Forestry Authority NGO Non Governmental Organization NSSF National Social Security Fund NUSAF Northern Uganda Social Action Fund OAG Office of the Auditor General OPM Office of the Prime Minister P&IR Public and International Relations/IG PAC Public Accounts Committee PFM Public Finance Management PMD Project Monitoring Division/IG PPDA Public Procurement and Disposal of Assets Authority PRDP Peace, Recovery and Development Plan RALNUC Restoration of Agricultural Livelihoods in Northern Uganda RMs Regional Managers SACM Social Accountability and Community Monitoring SMS Short Message Service SRT Soroti Regional Office TAAC Transparency, Accountability and Anti- Corruption UBC Uganda Broadcasting Corporation UETCL Uganda Electricity Transmission Company Limited UHRC Uganda Human Rights Commission UIAHMS Uganda Institute of Allied Health and Management Sciences UK United Kingdom UMSC Uganda Muslim Supreme Council UNBS Uganda National Bureau Standards UNRA Uganda National Roads Authority UPDF Uganda Peoples Defense Forces UPPC Uganda Printing and Publishing Corporation UPPET Universal Post Primary Education and Training URA Uganda Revenue Authority UTC Uganda Technical College UWA Uganda Wildlife Authority UWEC Uganda Wildlife Education Centre ViFYG Vision for the Young Generation
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ACKNOWLEDGEMENT
Over the years, the Inspectorate of Government has registered tremendous improvement in fulfillment of its mandate and has established various regional offices to take services closer to the people. The IG continues to be committed to ensuring that corruption is fought at all levels of governance and uses both preventive and enforcement measures in the fight against corruption.
The Inspectorate appreciates that the fight against corruption cannot be solely achieved by the IG without the support and contribution of other stakeholders. IG, therefore, commends Parliament and the Government in general for efforts that have been made over the past years to increase funding to the IG.
The IG is also grateful to the Development Partners and Agencies that have continued to provide support to the institution. The IG is especially grateful to the Danish International Development Agency (DANIDA), World Bank, Department For International Development (DFID) and the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) for continued support to IG operations.
The IG further recognizes the role played by the media, civil society and its representative organizations. The Inspectorate will continue to work with the media and the civil society organizations to engage citizens to demand for accountability and increase their participation in monitoring and reporting corruption.
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EXECUTIVE SUMMARY
Introduction
The Inspectorate of Government (IG) (d) To supervise the enforcement of the was established under Article 223 of Leadership Code of Conduct; the Constitution. Under Article 231 of (e) To investigate any act, omission, the Constitution, the Inspectorate of advice, decision or recommendation Government is required to submit to by a public officer or any other Parliament at least once in every six authority to which this Article months, a report on the performance of applies, taken, made, given or its functions and make recommendations done in exercise of administrative which the office considers necessary functions; for the efficient performance of public institutions. This is the 32ndreport (f) To stimulate public awareness about of the Inspectorate of Government to the values of constitutionalism in Parliament and the 8threport submitted to general and the activities of the office, the 9th Parliament. It is a summary of the in particular, through any media or performance of the Inspectorate during other means it considers appropriate; the period July – December 2014. In order to fulfill its mandate, the Inspectorate of Government is granted The functions of the Inspectorate of general and special powers as laid out Government as spelt out in Article 225(1) in Chapter One of this report. The major of the Constitution are: activities of the office are; investigations (a) To promote and foster strict of complaints of corruption and mal- adherence to the rule of law and administration; prosecution and litigation principles of natural justice in of cases; verification and investigation administration; of Leadership Code breaches; public awareness campaigns; Policy and System (b) To eliminate and foster the studies; monitoring and inspection of elimination of corruption, abuse of donor & government funded projects; and authority and of public office; follow-up of the IG recommendations to (c) To promote fair, efficient and good ensure compliance. governance in public offices;
Structure of the Report Chapter One gives a brief account of the jurisdiction and independence of the office. The report comprises seven chapters on The chapter also gives a summary of IG’s various aspects of the IG’s constitutional strategic objectives as contained in the IG mandate as summarized below: Corporate and Development Plan (CADP) 2010-2014. The chapter further lays out the organization structure of the IG.
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Chapter Two lays out the enforcement Chapter Five focuses on the preventive measures used by the institution in the measures used by the office to curb implementation of its anti-corruption corruption and promote good governance functions. These include investigation in public offices. of complaints from the public about Chapter Six reports on the training corruption in public institutions; arrest activities that were carried out for the and prosecution of persons involved officers of the Inspectorate during the in corrupt practices. The chapter also period and activities carried out to reports on the civil suits that the IG enhance national and international handled during the period. cooperation between the IG and other stakeholders. Chapter Three highlights the activities carried out by the IG in implementing the Chapter Seven highlights the general Ombudsman function. operational constraints and challenges faced by the IG. The chapter further Chapter Four covers activities carried outlines the future plans for the office out by the IG in enforcing the Leadership and recommendations to Government Code of Conduct. on how to improve efficiency and effectiveness of the office and other public institutions.
Summary of Achievements of the Inspectorate of Government in the period July - December 2014
Investigations for 68.8% of the total complaints received. A total of 531 corruption complaints were The Inspectorate of Government investigated and completed. receives complaints or initiates A total of 1,112 investigations and investigations into allegations of 25 verifications were completed while corruption, maladministration, breach 130 complaints were processed and of the Leadership Code of conduct and referred to other Institutions. The arrests, prosecutes and recommends complaints registered by the Inspectorate administrative action on persons of Government during the period implicated. reveal that still the most complaints received were those against District During the period under review, the Administrators accounting for 22.3% of Inspectorate had a total workload of 7,144 the total complaints received. Complaints complaints. This includes verification against individual public officers ranked of leaders’ declarations. Out of these, second accounting for 15.5% of the total 5,824 were brought forward from the complaints received. Complaints against previous reporting period. A total of 1,320 Municipal Councils/Town Councils complaints were received or initiated by ranked third accounting for 9.8% of the the Inspectorate of Government including total complaints received. 96 investigations that arose from audit reports. The details of the institutions/departments The Inspectorate received a total of 908 complained against are contained in table corruption complaints which accounted XIII of this report. JULY – DECEMBER 2014 ix REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
The table below shows the workload during the period July – December 2014.
Table I: Workload during the period July – December2014 Description January – June 2014 July – December 2014 a Complaints brought forward (a) 5,952 5,824 b Investigations from Audit Reports (b) 166 96 c New complaints received/initiated (c) 1,579 1,320 d New verifications of leaders’ declarations (d) 8 - e Total workload (e) = a + b + c + d 7,539 7,144 f Investigated & completed (f) 1,418 1,112 g Verification concluded (g) 29 25 h Referred to other Institutions (h) 236 130 i Rejected complaints (i) 32 61 j Total complaints concluded (j) = f + g + h+ i 1,715 1,328 k Carried forward (k) = e – j 5,824 5,816 Arrests and Prosecutions
During the period under review, twenty resulted into conviction, thirteen (13) seven (27) public officers were arrested cases were from court of first instance for various corruption offences and while four (4) were cases on appeal, four charged in courts of law. The IG also (4) resulted in acquittals, seven (7) cases prosecuted one hundred thirty one (131) were withdrawn, one (1) was dismissed cases, out of which one hundred and and one abated. Seventy four (74) cases fourteen (114) were carried forward from were on-going at first trial and twenty the previous period (i.e. on-going cases nine (29) cases were on appeal, as at 31st and pending appeals as at 30th June December 2014.For details of cases that 2014) and seventeen (17) were new cases were prosecuted by IG during the period registered in courts of law during the under review, please see Appendix C of reporting period. Seventeen (17) cases this report. Civil cases Promoting Transparency and As part of its mandate of fighting Accountability in Government corruption and defending its actions, the Projects Inspectorate of Government handles civil The IG implements the Transparency, suits, including civil applications and Accountability and Anti-Corruption constitutional petitions instituted against (TAAC) sub-component to ensure it in courts of Judicature. During the efficiency and value for money for NUSAF period under review IG handled twenty II, PRDP II and UPPET projects. two (22) civil cases in courts of law. Ten (10) were concluded, five (5) appeals During the period under review, IG pending hearing and executions and carried out monitoring and inspections of taxation of Bills of costs are pending in eighty eight (88) PRDP II funded projects two (2) cases and five (5) cases are still in the following districts: Apac, Kole, on-going. Otuke, Oyam, Moroto, Napak, Ngora, The details of civil cases are contained in Serere, Kaberamaido, Mbale and Busia. Appendix D of this report. In addition the Inspectorate organized
REPORT TO PARLIAMENT x JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT stakeholder meetings with key government mobilized and trained community stakeholders in the fifty five (55) districts monitors who are spread across the and nine (9) municipalities where PRDP is various districts of the project area. The being implemented. training is still on-going. The details of this and other activities under (TAAC) are Under Social Accountability and found in Chapter Five of this report. Community Monitoring (SACM) IG Promoting the Rule of Law and Administrative Justice (The Ombudsman Function)
The Constitution empowers the institutions, while 575 complaints were Inspectorate of Government to ensure investigated and completed; a total of strict adherence to the rule of law 969 complaints were carried forward. and principles of natural justice in Most of the Ombudsman complaints were administration; to promote fair, efficient related to nonpayment of salary, pension, and good governance in public offices; and gratuity and other benefits. During the to investigate any act, omission, advice, period under review, the institution most decision or recommendation by a public complained against was the Ministry of officer or any other authority to which Public Service with 2.2% of all complaints Article 225 of the Constitution applies. received. The complaints involved non- payment of employment benefits including Ombudsman Complaints salary arrears, pension and gratuity.
During the period under review, the Policy and Systems Studies Inspectorate of Government received various complaints against public Given the fact that strengthening of officers. These included: abuse of institutions is a key anti-corruption office, employment disputes such as measure, the Inspectorate of Government irregular recruitments, unfair dismissals, carries out studies into operations, victimization, non-payment or delayed policies, systems, procedures and payment of salary, salary arrears, leave legislation of various government allowances, gratuity, terminal benefits and ministries, departments and agencies with failure to access/deletion from payroll, a view to identifying areas that may lead inheritance and administration of estates to corruption and make recommendations disputes, Property disputes and delayed for remedial measures. service delivery. The institutions where the systems The Inspectorate had a total of 1,656 studies will be conducted are selected on ombudsman complaints. 408 of these the basis of information the Inspectorate were new complaints received during of Government receives through the period while 1,248 were complaints complaints, media reports, audit reports brought forward from the previous and periodic surveys. During the period period. Out of 408 complaints received, under review, the IG concentrated on 61 complaints were found to lack merit completing six (6) systems studies and the complainants were advised that were initiated during the previous accordingly. Only 51 complaints reporting period. The details are given in were processed and referred to other Chapter Five of this report.
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Enforcement of the Leadership Code of Conduct
The Constitution and the Leadership Institutions including ministries, districts, Code Act(LCA) mandate the Inspectorate political parties and public bodies were of Government to ensure that specified requested to submit updated lists of their leaders under the LCA declare their staff who are eligible to declare by 31st incomes, assets, and liabilities once every March 2015 and a total of twenty five two years explaining how they acquired thousand (25,000) leaders country wide or incurred them respectively. This is to are expected to submit their declarations ensure that leaders adhere to a standard to the IG. of behaviour that promotes integrity, Also during the period, a total of twenty transparency and accountability in their five (25) verification cases and five (5) conduct of public affairs. The Act imposes investigations of the breach of the Code penalties on leaders who breach it. were conducted and completed. During the period under review a total of The details of these are given in Chapter two hundred seventy (270) Government Four of this report.
Public Awareness Programmes
The Inspectorate of Government is workshops was to educate the citizenry constitutionally mandated to sensitize and inform them of various government and educate the public about the values projects, their goals, expected benefits of constitutionalism in general and the and implementation strategies in order activities of the Institution in particular, to maximize value to the intended through any media or any other means beneficiaries.” it considers appropriate. The public is Various radio programmes were also aired educated about their constitutional right on many different radio stations especially to access services without having to pay those stations that are located in PRDP bribes and made aware of their civic II districts. The radio programmes were duties and responsibilities to demand for also aimed at educating the people in accountability from their leaders, value the projects areas; about the goals and for money and also on how to report objectives of the projects, how to report corrupt practices to the Inspectorate of suspected corruption cases and the Government. existing measures that have been put During the period under review, the IG in place to combat corruption. A total continued to carry out public awareness of twelve (12) sensitization and training programmes through: supporting the programmes were also carried out by integrity clubs in universities and other the IG for other public institutions. tertiary institutions, radio programmes, Furthermore, IG supported and was workshops and presentation of papers involved in the activities of Integrity Clubs on topical issues to public servants at in various Tertiary Institutions. various fora. The details of these and other public A total of five (5) sensitization and two awareness programs carried out are (2) consultative workshops on PRDP II contained in Chapter Five of this report. were carried out. The purpose of the
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Capacity Building through Training and International Cooperation
Training National and International Cooperation The Inspectorate of Government is The IG appreciates the fact that the war committed to strengthening and building against corruption and the promotion of capacity of its staff through training in good governance requires the cooperation, order to equip them with knowledge, support and exchange of ideas with other skills and attitudes to improve their stakeholders both at the national, regional performance. During the reporting period, and international levels. This has been therefore, some IG staff attended training achieved through participation of some programmes which included the following: IG staff in conferences, workshops and Public Sector Governance and Budget exchange programmes and collaboration Reforms, Public Community Education with local, regional and international anti- and Corruption Prevention, Trade corruption agencies. (See chapter six for Facilitation, Training for Judicial Officers details). and Prosecutors and High Level Senior Leadership and Management.
Table II: Some of the achievements registered during the period July – Dec. 2014 Outcome Quantity Money saved as a result of IG intervention (Approx) 8bn Money recovered as a result of investigations and deposited on IG Recovery Account 207,618,144 Public officers under prosecution by IG 131 Public Officers convicted 17 Public officers arrested by the IG 27 Public officers warned 16 Civil cases concluded 10 Officers who were advised 15 Cancelled appointment letters of public servants 5 Officers submitted to Commissions (e.g. DSC) for disciplinary action 46 Interdicted public officers 11 Dismissed officers 21 Re-advertised posts 1
Major Constraints and Challenges The Inspectorate appreciates the support The capacity of IG to fight corruption is rendered by the Government and further hampered by inadequate technical Development Partners in fulfillment of staffing levels and strength of technical its mandate of combating corruption, staff which does not match the growing mal-administration and enforcing the workload arising from the number of Leadership Code of Conduct. backlog cases and the new complaints registered annually. In addition there is However, there are still a number of need to purchase specialized equipment challenges, most of which arise from to facilitate forensic and computer inadequate funding and loopholes in the aided investigations and train IG staff existing Legal Framework. accordingly.
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The challenges and constraints include poor record keeping in Government but are not limited to; inadequacies in the institutions, lack of computerized data in existing legal framework, limited human many public institutions and high cost of and financial resources, inadequate renting office premises. institutional support, court delays,
Future plans
(a) Strengthen the capacity of the (c) Construction of Inspectorate of Regional offices by providing more Government Head office. staff and office equipment. (d) Conduct Organization Development (b) Strengthen the capacity of IG Assessment (ODA) of the Institution. investigation and prosecution staff through training, sharing of (e) Continue to educate and sensitize the information and experiences with public and civil society organizations other ombudsman, anti-corruption on the issues of corruption, and Ethics Institutions. maladministration, enforcing the Leadership Code Act using both print and electronic media, seminars and workshops.
General Recommendations
In order to overcome the stated (vi) All government institutions must constraints and fulfill its mandate, have a proper record keeping and the following recommendations are retrieval system and government hereby submitted to Parliament and the should provide its MDAs with Executive: necessary tools to ensure that this is done. (i) The amendment of the Leadership Code Act should be finalized and the (vii) Government should prioritize Leadership Code Tribunal should be Physical Planning of Urban Centers established as soon as possible for and enforce implementation of the efficient enforcement of the Code. existing plans. (ii) Parliament should debate the IG Recommendations for institutions most reports and provide appropriate complained against feedback to IG for improved a) District Administrators: Auditing performance. of local governments accounts (iii) Government should appropriate and capacity building should be additional funding to IG for strengthened. operation and other expenses. b) Individual public officers: There should be improvement of staff (iv) Government should provide funds appraisals and supervision and for construction of the IG Head enforcement of punitive measures by office. Money used for rent would the relevant authorities. be used for operations and other c) Municipal Councils/Town Councils: requirements for the Inspectorate. Strengthening of internal audits (v) Parliament should amend the law together with improved supervision. in order for IG to attain corporate status. REPORT TO PARLIAMENT xv JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT d) Uganda Police: Regular transfers of f) District Service Commissions: police officers in addition to capacity Ensure that the recruitment processes building of the Police Standards Unit. are as transparent as possible e) School Administrators: Regular by displaying lists of successful external audits should be done to candidates on the notice boards at detect and deter fraud. Teachers each stage of evaluation. should be appointed after scrutiny g) Judiciary: The Judiciary should and verification of their academic become more transparent about its documents. Inspection of schools systems and procedures to enable should be strengthened. In addition, citizens understand judiciary processes national, district and school budgets and minimize the risk of offering should be published in detail and judiciary officers bribes for otherwise made public, so there is transparency free services. in resource allocations and monitoring.
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CHAPTER ONE INTRODUCTION 1.1 CONSTITUTIONAL MANDATE TO PRODUCE REPORT TO PARLIAMENT
The Inspectorate of Government (IG) (d) To supervise the enforcement of the was established under Article 223 of the Leadership Code of Conduct; Constitution. Under Article 231 of the Constitution, the IG is required to submit (e) To investigate any act, omission, to Parliament at least once in every six advice, decision or recommendation months, a report on the performance of its by a public officer or any other functions and making recommendations authority to which the Article applies, which the office considers necessary taken, made, given or done in exercise for the efficient performance of public of administrative functions; and institutions. (f) To stimulate public awareness about the values of constitutionalism in This is the 32nd report of the IG to general and the activities of the office, Parliament and the 8th report submitted to in particular, through any media or the 9th Parliament. It is a summary of the other means it considers appropriate. performance of the Inspectorate for the period July – December 2014. 1.3 GENERAL POWERS OF THE
1.2 FUNCTIONS OF THE INSPECTORATE OF GOVERNMENT INSPECTORATE OF GOVERNMENT The general powers of the Inspectorate are The functions of the Inspectorate of laid down in section 12 of the Inspectorate Government as spelt out in Article 225 of of Government Act and include; the Constitution of Uganda and Section authority by IG officers to investigate 8(1) of the Inspectorate of Government Act allegations of corruption, abuse of office, include the following: maladministration and breach of the leadership code of conduct. (a) To promote and foster strict adherence to the rule of law and The Inspectorate also, has powers to enter principles of natural justice in and inspect the premises or property of administration; any department of Government, person or of any authority; to call for, examine and (b) To eliminate and foster the where necessary, retain any document elimination of corruption, abuse of or item in connection with the case being authority and of public office; investigated, found on the premises; and may, in those premises, carry out (c) To promote fair, efficient and good any investigation for the purpose of its governance in public offices; functions.
REPORT TO PARLIAMENT 1 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
1.4 SPECIAL POWERS OF THE 1.6 STRATEGIC OBJECTIVES OF THE INSPECTORATE OF GOVERNMENT INSPECTORATE OF GOVERNMENT (CADP 2010 – 2014) The Inspectorate of Government is granted special powers under Article 230 of the The following are the IG’s strategic Constitution and Section 14 (5) of the objectives as set out in its five year Inspectorate of Government Act. These Corporate and Development Plan (CADP) powers include power to investigate, 2010-2014; cause investigations, arrest, cause arrest, prosecute or cause prosecution (i) To adopt strategic approaches in respect of cases involving corruption, which promote effective and efficient abuse of authority or of public office, investigations, prosecutions, maladministration and breach of the enforcement of Leadership Code Act, leadership code of conduct. The Inspector attend to ombudsman complaints General of Government (IGG) may also, and represents the IG in Courts during the course of his or her duties or of Law concerning its actions and as a consequence of his or her findings, recommendations. make such orders and give such directions (ii) To develop and implement a as are necessary and appropriate in the comprehensive and effective public circumstances. awareness strategy. 1.5 JURISDICTION AND (iii) To strengthen the capacity of Regional INDEPENDENCE OF THE Offices to combat corruption at Local INSPECTORATE OF GOVERNMENT Government levels.
Articles 226 and 227 of the Constitution (iv) To promote and foster strategic provide the Inspectorate of Government alliances/partnerships to fight with areas of authority and guarantee corruption, abuse of office and its independence. The jurisdiction of administrative injustices. the Inspectorate of Government covers officers or leaders whether employed (v) To strengthen systematic investigations, in the public service or not, and the policy and systems studies in order institutions, organizations or enterprises to improve practices or procedures in Parliament has prescribed under S.9 of government entities. the Inspectorate of Government Act. These (vi) To monitor corruption trends through include the Cabinet, Parliament, courts periodic surveys such as the Data of law, central and local governments and Tracking Mechanism (DTM) reports. statutory corporations, among others. The jurisdiction of the IG has also been 1.7 ORGANIZATION OF THE expanded by the Anti-Corruption Act INSPECTORATE OF GOVERNMENT 2009 to include the Private Sector. The IG is independent in the performance of The Leadership of the Inspectorate of its functions and shall not be subject to Government is provided for under Article the direction or control of any person or 223 of the Constitution. It is comprised authority and shall only be responsible to of; the Inspector General of Government Parliament. (IGG) and two Deputy Inspectors General JULY – DECEMBER 2014 2 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT of Government (DIGGs). The Inspector their offices and defend civil actions General of Government and the Deputies against the institution in courts of law. are appointed by the President with the approval of the Parliament of Uganda. Directorate of Education and Prevention of Corruption (DEP) The Secretary to the Inspectorate of Government is the Accounting Officer The Directorate is responsible for and is appointed by the President on the stimulating public awareness about advice of the Public Service Commission. the values of Constitutionalism and the activities of the Inspectorate through For strategic implementation of its sensitizing the public about the evils functions and objectives, the Inspectorate of corruption. The directorate prevents of Government is structured into a corruption through empowering the public Department, six Directorates and three to demand for accountability from their Divisions as follows: leaders, carry out research to support IG investigations and to gauge the levels Department of Finance & and incidences of corruption in public Administration institutions.
The Department provides the policy Directorate of Leadership Code (DLC) direction for the Inspectorate of Government. It ensures budget and The Directorate ensures that the budgetary control, provides effective principles and values of integrity, coordination of the activities of the office; transparency and accountability among and manages the administrative matters leaders in public institutions as specified of the institution. in the Leadership Code Act are adhered to. It ensures that all leaders (specified Directorate of Operations (DOP) in the LCA) declare their income, assets and liabilities; investigates allegations of The Directorate ensures that breach of the Code and impropriety by the accountability and transparency in leaders. Through the directorate, the IG public offices is enforced through implements article 234 of the constitution. receiving and investigating complaints of corruption; analyze audit reports with a Directorate of Regional Offices (DRO) view of identifying areas which require The Directorate coordinates IG Regional investigation. The directorate also carries Offices to improve efficiency in service out arrests of suspects of corruption. delivery by taking the services of the Directorate of Legal Affairs (DLA) Inspectorate nearer to the people. The directorate receives and investigates The Directorate is responsible for ensuring complaints of corruption and that the IG executes its functions and maladministration in local governments. exercises its powers in accordance with It also monitors and evaluates activities the law. It renders legal advice to the IG, in the regional offices and monitors the giving legal opinions on cases that have implementation and enforcement of been investigated, prosecutes individuals orders and recommendations made by the found to have abused the authority of Inspectorate of Government.
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Directorate of Ombudsman Affairs Public and International Relations (DOA) Division (P & IR)
The Directorate ensures that the rule of The Division ensures that there is a law and good governance are maintained well-coordinated, effectively managed in public offices, through investigations of communication function that is complaints of maladministration. It also responsive to diverse information needs conducts Policy and System studies in of the IG staff and the general public. various departments and institutions to The division establishes and maintains identify long term solutions to systemic constant communication between the IG bad governance or disrespect for the rule and the public, coordinates International of law. partnerships of institution and handles all matters of the media Information & Internal Inspection Division (III) Project Monitoring Division (DPM)
The Division ensures efficiency, The Division is a new initiative by the transparency and accountability among Inspectorate of Government aimed at staff of the Inspectorate of Government promoting Transparency, Accountability by detecting and curtailing possible and Anti-Corruption measures in the corruption among staff. The division implementation of Government Projects develops plans and measures to discover, and Programmes. It involves working prevent and curtail corruption, abuse closely with all stakeholders including of office and any other malpractices by Central Government, Local Governments staff of IG and gathers information from and Development Partners. The division public institutions to initiate possible also promotes social accountability and investigations. The division also manages community monitoring of public projects the central data management for the and programmes. complaints management system (CMS).
Figure 1: Functions of the Department of Finance and Administration
FINANCE AND ADMINISTRATION
- Recruitment of staff - Procurement of works, goods and services - Facilitation of staff travel (Abroad and within) - Management of staff emoluments, entitlements and welfare - Staff performance appraisal - Preparation of budget and policy statements - Organize training of staff in various skills
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Figure 2: Functions of the Divisions
DPM III P & IR
- Vetting of staff to be Monitoring & Inspection Responsible for national recruited by IG and other of Government Funded and international public Government Institutions Projects relations in the IG - Curtailing of possible corruption among IG staff - Investigations
Figure 3: Functions of the Directorates
DOP DEP DLA DLC DRO DOA
- Coordination - Prosecutions of Regional - Civil litigation - Investigate cases offices - Supporting In- - Investigations of corruption in vestigations central Government in local Institutions Governments - Arrests
- Leadership Code Enforcement - Investigations/ - Public Awareness verification of - Production declarations of reports to Parliament & other Publications - Ombudsman - Research and Investigations Surveys - Policy& Systems study - Systemic Investigations
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1.8 REGIONAL INSPECTORATE OFFICES
Pursuant to the provisions of Article 228 of the Constitution, the Inspectorate has so far established sixteen (16) Regional Offices. The Regional Offices are structured to perform the functions of the Inspectorate and are distributed over the country as follows:
Table III: Coverage of IG Regional Offices
Regional No. Region Districts Office Mpigi, Mityana, Mubende, Butambala, Wakiso, Gomba and Kampala Kampala.
Masaka, Kalangala, Sembabule, Rakai, Bukomansimbi, 1. Central Masaka Kalungu, Lwengo and Lyantonde. Mukono, Kayunga, Nakaseke, Luwero, Buvuma, Nakason- Mukono gola, and Buikwe. Fort Portal, Kabarole, Bundibugyo, Ntoroko, Kamwenge, Fort Portal Kyenjojo, Kyegegwa and Kasese. Hoima Hoima, Kibaale, Kiboga, Buliisa, Masindi and Kiryandongo. 2. Western Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mbarara Mitooma, Sheema, Buhweju and Ntungamo.
Kabale Kabale, Kisoro, Kanungu and Rukungiri.
Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Luuka, Jinja Namutumba, Mayuge and Namayingo. Soroti, Amuria, Kaberamaido, Katakwi, Bukedea, Ngora, Soroti 3. Eastern Serere and Kumi. Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Pallisa, Bu- Mbale lambuli, Kibuku and Kween. Tororo Tororo, Busia, Butaleja, Manafwa and Bududa. Arua Arua, Koboko, Zombo, Nebbi and Maracha. Gulu Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Amuru.
Moroto, Abim, Nakapiripirit, Amudat, Kotido, Napak and Moroto 4. Northern Kaabong. Lira, Apac, Oyam, Dokolo, Otuke, Alebtong, Kole and Amo- Lira latar. Moyo Moyo, Adjumani and Yumbe.
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DISTRICTS SERVED BY INSPECTORATE OF GOVERNMENT REGIONAL OFFICES DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
IG OFFICES Mbarara Masaka Kampala MOYO KAABONG Hoima KOBOKOYUMBE LAMWO Mbale KITGUM Tororo MARACHA ADJUMANI
Mukono KOTIDO ARUA AMURU PADER AGAGO Moyo GULU Soroti ABIM MOROTO
Moroto ZOMBO NWOYA NEBBI OTUKE Kabale OYAM NAPAK KOLE LIRA ALEBTONG Jinja AMURIA Lira KIRYANDONGO BULIISA APAC DOKOLO Gulu KATAKWI NAKAPIRIPIRITAMUDAT KABERAMAIDOSOROTI Kabarole MASINDI AMOLATAR Arua SERERE NGORA KAPCHORWA HOIMA KWEEN NAKASONGOLA KUMIBUKEDEA BUYENDE BULAMBULIBUKWA PALLISA SIRONKO KYANKWANZINAKASEKE BUDAKA KALIRO BUDUDA NTOROKO KIBUKU MBALE KIBAALE KAYUNGAKAMULI NAMUTUMBA KIBOGA BUTALEJAMANAFWA LUWERO LUUKA TORORO BUNDIBUGYO KYENJOJO IGANGA KABAROLE JINJA MUBENDE BUGIRI KYEGEGWA MITYANA BUSIA KAMPALA MAYUGE BUIKWO KAMWENGE GOMBA KASESE BUTAMBALA MPIGI WAKISOMUKONO KIRUHURA SSEMBABULE IBANDA BUKOMANSIMBIKALUNGU LYANTONDE RUBIRIZI BUHWEJU NAMAYINGO LWENGO BUVUMA BUSHENYI MASAKA MBARARA KALANGALA MITOOMASHEEMA RUKUNGIRI RAKAI KANUNGU ISINGIRO NTUNGAMO KISOROKABALE
REPORT TO PARLIAMENT 7 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
CHAPTER IMPLEMENTATION OF THE TWO ANTI-CORRUPTION FUNCTION 2.1 INTRODUCTION
Corruption in Uganda continues to be Preventive and Enforcement measures. a major concern to the IG, citizens and Enforcement measures include; conducting stakeholders and is seen as one of the investigations where commission of greatest obstacles to the country’s economic any offence under the Anti-Corruption development as well as to the provision of Act, is alleged. Where the subject of an quality public services. Corruption affects investigation is found to have committed a wide range of sectors and government an offence he/she may be arrested and institutions, including procurement, prosecuted. police, the defence, education and health sectors. The country needs a sound public Disciplinary action may also be financial management system, to ensure recommended to the supervisors of public public funds are spent wisely and officers and monies lost or embezzled leakages are avoided. As the number of recovered from the culprits. Assets may grand corruption cases investigated has also be confiscated from a public officer who increased, public officials are devising investigations establish to have acquired new ways to avoid detection. Corruption them through corrupt means. cases involving colossal sums of funds often involve acts of syndicate, in which This Chapter, therefore, gives brief facts different public officials in different MDAs about investigations of corruption, arrests or at different levels within a given MDA and prosecutions that were carried out collude to embezzle public funds. For the during the reporting period. implementation of the Anti-Corruption function the IG continues to use both The table below illustrates the comparative analysis of the general investigations carried out during the current and previous reporting period.
2.2 INVESTIGATIONS
Table IV : Investigations carried out by the Inspectorate
January – June 2014 July – December 2014 a Complaints brought forward 5,952 5,824 b Investigations from Audit Reports 166 96 c New complaints received/initiated 1,579 1,320 d New verifications of leaders’ declarations 8 - e Total workload = a + b + c + d 7,539 7,144 f Investigated & completed 1,418 1,112 g Verifications concluded 29 25 h Referred to other Institutions 236 130 i Rejected complaints (not within jurisdiction of IG) 32 61 j Total complaints concluded = f + g + h +i 1,715 1,328 k Carried forward = e – j 5,824 5,816 JULY – DECEMBER 2014 8 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
The table above shows that, the the new SMS Reporting System that was Inspectorate had a total workload of 7,144 launched in June 2013. A total of 1,328 complaints during the current reporting complaints were concluded during the period compared to 7,539 complaints current period compared to 1,418 during which were handled during the previous the previous period. The chart below period (January – June 2014). Out of shows a comparison of investigations 1,320 complaints that were received 93 that were handled during the previous complaints were those received through reporting period and the current one.
Figure 4: Graph showing investigations handled by the Inspectorate of Gov’t
The graph above shows that a total of which accounted for 68.8% of the total 1,112 complaints were investigated and complaints were received and 531 concluded during the current reporting corruption complaints were investigated period compared to 1,418 complaints and completed. Of the total number of that were concluded during the previous new corruption complaints received by the period. This shows that the performance Inspectorate, 349 (38.4%) were received at of the IG, as far as conclusion of the Headquarters in Kampala while 559 complaints is concerned decreased during (61.6%) were registered at the Regional the current period by 21.6% because Offices. many complaints are in the last stages of completion. The nature of corruption complaints investigated and completed during the A total of 908 corruption complaints period, are shown in the table below:
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Table V: Corruption complaints investigated and completed during the period July – December 2014
Number of Nature of Complaint % age Complaints Corruption 139 12.5% Abuse of office 132 11.9% Investigations from Audit reports 72 6.5% Forgery & uttering of false documents 37 3.3% Embezzlement 36 3.2% Bribery 32 2.9% Misappropriation 32 2.9% False Claims 23 2.1% Conflict of interest 20 1.8% Extortion 6 0.5% Nepotism 2 0.2% Total 531 47.8%
Figure 4: How to forward a complaint to the Inspector General of Government
Visit any of IG 16 regional Write to the IGG offices and lodge a verbal P. O. Box 1682, complaint or written Kampala complaint.
Report Corruption and mal-administration to the IGG
Make a telephone call Send an email with the Send as SMS to the IGG details of the complaint Type “Corrupt” and SMS Hotline: 0414347387 e-mail:[email protected] to 6009
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Complaints against Institutions/Departments
The complaints registered by the officials become dishonest in their day to Inspectorate of Government during day work. the period reveal that most complaints th received were those against District The 4 ranked category was Administrators accounting for 22.3% that of School Administration of the total complaints received. Local for both primary and secondary governments may be more susceptible to schools. Most complaints against corruption because interactions between school administration involved private individuals and officials happen mismanagement, nonpayment of at greater levels and with more frequency. teachers, victimization/oppression and For instance there is corruption reported general misconduct. in procurement of contractors to undertake various projects in the districts There is need to demand a and forms of corruption pertaining commitment to high quality education to money such as bribery, extortion, that’s available to all. For this, we embezzlement, and graft are found in local government systems. need policy information that’s clear and easy to understand. The second category that was complained Figure 4: How to forward a complaint to the Inspector General of Government against most was that of individual public National, district and school budgets officials accounting for 15.5% of the need to be published in detail so that
Write to the IGG total complaints registered. These are the public can monitor how resources P. O. Box 1682, public officials who were alleged to have are allocated. It’s important to have Kampala used their offices for private gain in their clear regulations controlling education individual capacities. Report Corruption and finance and management. These also mal-administration to the rd provide guidelines on new schools, IGG The 3 ranked category was that of Municipal Councils/Town Councils exam processes and fees. Regular accounting for 9.8% of the total external audits must take place to complaints received. The nature of detect and deter fraud. And frequent Make a telephone call Send as SMS complaints in this category included school inspections can prevent to the IGG Type “Corrupt” and SMS mishandling of tenders/contracts, conflict corruption in teacher management Hotline: 0414347387 to 6009 of interest, abuse of office, embezzlement and behavior. and property disputes. Most complaints in this category were registered at the Uganda Police ranked the 5th regional offices. Municipalities require accounting for 5.6% of the total more local officials to represent and run complaints registered. The nature the local government. However, with more of complaints against police officials, it is harder to keep tabs on each one and establish a decent administration included bribery, abuse of office, and monitor their activities. This mismanagement of cases and delay encourages corruption to occur because of service delivery. The Uganda there is less likelihood of either getting Police Force is the most bribery- caught or prosecuted, therefore, more prone institution in the country REPORT TO PARLIAMENT 11 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT because bribery is either demanded or in the police force but they need to “suggested” from the people seeking be strengthened in order to be more service from the police. effective.
The Police Standards Unit is doing a The details of complaints against commendable job to instill discipline institutions/departments are contained in table XIII of this report.
Table VI: The departments/institutions most complained against for the last 5 years (2010 - 2014)
Number of Complaints Total S/N DEPARTMENT/YEAR 2010 2011 2012 2013 2014 2010- 2014 1 District Administration 388 410 419 431 512 2160 Individuals (Public 2 254 280 388 491 498 1911 officials) Municipal & Town 3 217 211 237 249 245 1159 Councils 4 Uganda Police 116 162 173 199 163 813 Schools (Primary & 5 126 125 150 188 156 745 Secondary ) District Service 6 60 90 112 100 98 460 Commissions 7 Judiciary 86 65 85 94 107 437 8 Sub county Chiefs 65 61 56 72 144 398 9 Local Councils 61 82 74 38 107 362 10 Ministry of Public Service 44 51 71 99 76 341 Private companies / 11 48 74 50 69 60 301 Organizations 12 Ministry of Lands 56 60 55 50 47 268 13 Tertiary Institutions 27 38 47 67 38 217 14 Colleges/institutes 31 36 40 44 26 177
Based on the complaints received primary and secondary schools; district by the Inspectorate as shown in service commissions, local councils; the the table above for the last five (5) judiciary; sub-county chiefs and the years, the most complained against Ministry of Public Service. departments/institutions are the district administrations, individual public officials, municipal and town Councils, Uganda Police, school authorities both in
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The IG, therefore, as in previous reports, further recommends to the following: institutions and public officers:
(i) District Local governments: There reported by members of the public should be timely production and against the police officers. submission of activity and financial reports to the Finance Committee, (v) School Administration: There District Executive Committee, should be commitment to high District Council and Line Ministries. quality education that’s available to There should also be intensified all. To achieve this, there is need for Capacity building in Planning and policy information that’s clear and financial management for local easy to understand. National, district government administrators. and school budgets need to be published in detail so that the public (ii) Individual Public Officials: can monitor how resources are Appraisals based on performance allocated. It’s important to have clear contracts should be strictly adhered regulations controlling education to and supervision in different finance and management. These also departments should be enhanced. provide guidelines on new schools, exam processes and fees. Regular (iii) Municipal and Town Councils: external audits must take place to The problems of municipal and detect and deter fraud. Frequent town councils are similar to those school inspections can also prevent of district local governments. corruption in teacher management Therefore, capacity building should and behavior. also be emphasized for the staff of municipal and town councils. They (vi) District Service Commission: The too should be strictly subjected to district service commissions must performance contracts, improved ensure that recruitment processes supervision as well as performance are as transparent as possible by appraisals. displaying lists of the successful candidates on the notice boards at (iv) Uganda Police: Public awareness each stage of evaluation. programmes should be enhanced. The public should be educated (vii) Judiciary: It is recommended about their rights and the role of that minimum standards for the Police in order for them to desist developing and maintaining integrity, from offering bribes and to report accountability and transparency incidences of mismanagement within the judicial system be of cases by police officers to the developed. The judiciary should administration of the Police and become more transparent about its the Police Professional Standards systems and procedures to enable Unit. In cases of corruption by citizens understand processes and police officers, the public should be minimize the risk of being led into encouraged to report incidents to the offering bribes in exchange for IG for appropriate action. Inspectors otherwise free services. The roles and other supervisors in the Uganda and responsibilities of the key actors Police should also be more vigilant should be clearly defined and made about the handling of complaints known to the public.
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2.3 The fight against Corruption in Uganda
Over the past five years, the number of a high rate of incidence of inadequate new complaints received or initiated by accountability, characterized by practices anti-corruption institutions has steadily such as misappropriation, mischarging increased. For instance, the total number of expenditure, lack of supporting of new complaints received by the IG documents, advances, with such practices increased by more than 30 percent during involving a significant proportion of the the period from 2010 to 2014, from total budget and of expenditure within 1,566 in 2010 to 2,082 in 2014. In the key ministries. Furthermore, there is period from 2011 to 2013, the number of lack of adherence to the rules of public complaints increased on average by 10 finance management (PFM), which creates percent per year, with the IG handling significant opportunities for corrupt 2,876 new complaints by 2013. The practices. Also, anti-corruption agencies majority of these complaints are related to have a limited capacity to handle the practices associated with corruption. For numerous allegations of corrupt practices, example, at least 68.8 percent of the new with this limited capacity contributing complaints handled in the period from significantly to weak implementation July to December 2014 related to such and enforcement of the existing anti- practices. Information from other anti- corruption laws. These factors have led corruption agencies, such as the Uganda to a culture of waste and inefficiency; to Police Force, also shows a steady increase high levels of financial loss; and to a sense in the number of reported corruption of impunity amongst public officials. cases. Nonetheless, the above information Indeed, when the Public Procurement does not necessarily mean that corruption and Disposal of Public Assets Authority is increasing. Rather, it may indicate that (PPDA) conducted an audit of 14,548 citizens are increasingly empowered to procurement contracts, it found out report cases of corruption. that in terms of the value of these contracts, only 46.3 percent had achieved Recent reports by the IG, DPP and OAG compliance with the required procedures indicate that corruption in Uganda (PPDA, 2014). remains a major problem, continuing to act as a major constraint on economic In addition to the large scale development and on the achievement embezzlement of public funds, petty of poverty reduction. The extent of corruption, which often involves the corruption is partly exhibited by the soliciting of low value bribes from the amount of funds recovered from public public to facilitate the provision of public officials implicated in high-level corruption services, is extremely prevalent. According cases and from the value of contracted to some estimates, the total value of work that is either performed very poorly such small-scale bribes to public officials or not performed at all. amounts to an average of approximately UGX 166 billion per year (4th DTM Report, The persistence of high-level corruption is 2014). exacerbated by the lack of administrative and criminal sanctions in corruption The Ugandan Government has cases. The IG and OAG’s findings indicate implemented a range of measures to
JULY – DECEMBER 2014 14 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT fight corruption, although for a number public sector through the decentralization of reasons, these measures have been at of the civil servant payroll. Following best only partially effective. In particular, an audit of the public service payroll the Government has established a during 2013/2014, which revealed comprehensive legal framework to that the enrolment of ghost employees combat corruption, with a range of was resulting in significant losses, the laws, regulations and institutions to MFPED decentralized the payroll system fulfill this function. For example, the at the beginning of 2014. Under the Government established both the IG decentralized system, local governments and a specialized Anti-Corruption Court and ministries became responsible (ACC) in 2009 as part of its stated zero for the management of the payroll, a tolerance to corruption policy. However, responsibility previously held by the the effectiveness of these institutions Ministry of Public Service. Additionally, remains severely limited by the lack of to ensure transparency, the accounting available instruments to discern trends officers were required to display the and to produce insights, particularly payroll on public notice boards. In the to determine whether the prevalence of short term, the detection and deletion of corruption is increasing or decreasing. 8,000 ghost workers from the Government payroll saved the Government at least In Uganda, the public perception is that UGX 3.7 billion in February and April corruption is deeply entrenched in society. 2014. The new system is projected to According to the 4th DTM Report, at least result in savings of UGX 70 billion when eight out of every ten Ugandans believe completed. that corruption is a serious problem in the country. Given that this information It is recommended that the framework is based on the first nationwide survey to prosecute corrupt officials and to recover misappropriated funds and assets on governance, undertaken in 2013, it be strengthened. The failure to apply is not possible to determine whether the administrative and criminal sanctions proportion of Ugandans holding this belief in cases where public officials are found is increasing or decreasing. The extent of to be involved in corrupt practices is this view is hardly surprising given the the weakest link in the accountability large number of high profile corruption chain. To address this, Parliament cases that have come to light since 2012, should expedite the passage of the Anti- Corruption Amendment Bill 2013, which with corruption cases involving high- contains a clause to facilitate the recovery ranking public officials resulting in widely of stolen funds and assets. Until such a publicized cuts of foreign aid. In addition, law is enacted and, just as importantly, the OAG has issued a number of qualified implemented fully, convicted public opinions on the management of public officials will be able to enjoy the proceeds funds, which partly confirm the public’s of their criminal actions after serving view of the extent of corruption in Uganda. their jail sentences, which often do not reflect the severity of the crimes or of the losses to the state resulting from these Recently, a number of anti-corruption crimes. Enacting a law that grants the law reforms have been implemented to enforcement and/or judicial agencies the address graft in the public sector. A recent power to confiscate and recover these ill- example involves measures to address gotten gains will go a long way to acting as the enrolment of ghost workers in the a deterrent against corruption.
REPORT TO PARLIAMENT 15 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
The trend of complaints registered by IG Regional Offices and recommendations
(i) There has been a high number of (v) Complaints of non-accountability of land related complaints involving local revenues remitted to lower Local allegations of encroachment and Government Councils: irregular sale of Government land by Local Government officials: Recommendation: Districts through their internal audits should Recommendation: Government step up controls on accountability should expedite survey and grant of for revenues remitted to lower titles to all government owned land Local Councils. In addition Local across the country. authorities should step up monitoring of lower local activities financed from (ii) Impersonation, forgery and uttering locally raised revenues. Furthermore, false academic documents to gain the capacity of Lower Local Council employment at lower levels of Public officials should be enhanced in terms Service such as primary teaching and of financial management skills that nursing is very common in IG districts will go a long way in facilitating of operation: accountability for funds spent. The public needs to be involved in Recommendation: Regular validation monitoring and evaluating locally exercise should be conducted by undertaken project/activities financed District Local Governments to weed by government resources. out non-qualifying staff.
(vi) Tender irregularities in markets and (iii) Neglect of duty by Local Government bus and taxi parks: staff and late reporting or non- reporting to work. Recommendation: Massive Recommendation: Stern action sensitization should be conducted should be taken against supervisors by the Public Procurement and who do not report prolonged absence Disposal of Assets Authority (PPDA) of staff without permission and to the business community on neglect of duty by staff. Such proper procurement procedures and action should include among others appropriate procurement related recovery of irregularly paid salary to dispute resolution mechanisms. such absentees from the supervisors Where possible, the procurement themselves. processes should be translated into various local languages (iv) Delay of service delivery by police and distributed to the business and court officials to unknowing community and the general public. public:
Recommendation: There should be (vii) Most District officials have enrolled sensitization for the public to avoid in both full time and part time paying bribes for services meant to be studies such as Accounting packages. free, to police and court officials. Although this is good for efficient
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service delivery, it has also on (ix) There are also increasing cases one hand produced staff with the of bribery, however, because of technical knowledge of concealing the tendency for people to collude corruption related cases and poor to execute such acts, it becomes service delivery as absenteeism and difficult to obtain evidence against the late reporting is common practice for perpetrators: such officials engaged in studies. Recommendation: Funds should (viii) There have been a number of be availed to train Investigators to incidents of irregular recruitment. enhance their investigation skills in This is because recruitment in the order to enable them handle complex civil service leaves varying degrees of corruption cases. The training should discretion to the responsible officials focus more on the ever evolving and increasing the chances of corrupt sophisticated nature of corruption tendencies. such as cybercrimes.
Recommendation: The Service (x) The issue of not filling vacant posts Commissions/recruiting agencies by the District authorities has should ensure that there is strict continued to manifest itself. This has adherence to the employment laws affected effective service delivery as and the guidelines given in order to key departments have been left to ensure that recruitments in public incompetent people to manage them: offices are merit-based. Recommendation: Vacant posts at District levels should be filled with competent staff.
2.4 ARRESTS MADE Through persistent enforcement efforts, During the period under review, twenty corruption levels can be kept low. The seven (27) public officers were arrested corrupt offender should know that for various corruption offences and all of corruption is a high risk business and them are being prosecuted in the courts that they will be caught and dealt with of law. For details of the arrests that were for their crimes. The IG has powers to effected see appendix C of this report. arrest or cause arrest of people who investigations reveal to have engaged in corrupt practices and abuse of office or authority or who for no good reason refuse or ignore to respond to summons issued by the IG. “ Twenty seven (27) public officers were arrested for various corruption offences and all of them are being prosecuted in the courts of law.”
REPORT TO PARLIAMENT 17 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
2.5 PROSECUTIONS
The powers of the Inspectorate of reporting period. Seventeen (17) cases Government to prosecute or cause resulted into conviction, thirteen (13) prosecution of suspects alleged to have cases were from court of first instance been engaged in corruption and abuse of while four (4) were cases on appeal, four office are derived from the Constitution of (4) resulted in acquittals, seven (7) cases the Republic of Uganda. were withdrawn, one (1) was dismissed and one abated. Seventy four (74) cases During the period under review, the IG were on-going at first trial and twenty prosecuted one hundred thirty one (131) nine (29) cases were on appeal, as at 31st cases, out of which one hundred and December 2014. fourteen (114) were carried forward from the previous period (i.e. on-going cases For details of cases that were prosecuted and pending appeals as at 30th June by IG during the period under review, 2014) and seventeen (17) were new cases please see Appendix C of this report. registered in courts of law during the Figure 6: Graph showing the trend of arrests and prosecutions for the Years 2006 – 2014
2.5.2 Constraints encountered in prosecution of cases
(i) There is occasional lack of cooperation (iii) Delay to hear cases on appeal especially from witnesses, some either refuse to by the Court of Appeal. report to court or they appear in court (iv) Cases in up-country courts take long and turn hostile to the state. to be concluded. (ii) Accused persons sometimes jump (v) Limited knowledge and practice in bail thus delaying and sometimes plea bargaining techniques. completely bringing their prosecution to an end.
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Recommendations The IG defends such applications and petitions and also gives and responds to (a) Whistleblowers and witnesses should instructions as requested by the Attorney be given substantial protection and General. IG also drafts such responses reward. and answers to the filed Court pleadings (b) Government should appoint and deploy and defends, submits and appears in more Judges to the Court of Appeal Courts of Law. since it handles all Constitutional For the period under review, twenty two matters as well as other civil and (22) cases were cause listed for hearing. criminal appeals in order to expedite Ten (10) rulings were delivered, nine (9) handling of cases. of which were in favour of IG. There (c) Government should appoint and are five (5) appeals pending hearing and deploy more Magistrates to up- executions and taxation of bills of costs country stations and the Judiciary are pending in two (2) cases. Five (5) should intensify monitoring of their cases are still on-going. For details of performance. civil cases that were handled by IG in the reporting period, please see Appendix (d) Funds should be earmarked and D of this report. The table, however, availed to the IG for continuous Legal excludes cases where the IG (due to lack education. of corporate status) was substituted by 2.5.3 Future plans the Attorney General.
(i) IG plans to conclude at least 30 cases 2.6.1 Challenges faced by the IG in for every reporting period (6 months). Civil Litigation
(ii) Have all prosecutors trained in As mentioned in the previous IG reports to plea bargaining, trial advocacy and Parliament: continued legal training when funds (i) Lack of corporate status continues to allow. be a challenge in as far as litigation of 2.6 CIVIL CASES cases is concerned.
Through execution and enforcement of (ii) Continuous adjournments by the its actions and or recommendations as presiding judicial officers for various per the investigations, the Inspectorate of reasons. Government in effect attracts challenging 2.6.2 Recommendation applications and constitutional petitions Amend the law in order for the IG to attain that seek for orders of certiorari, corporate status. mandamus, prohibition, damages and interpretation of the law.
“Lack of corporate status continues to be a challenge in as far as litigation of cases is concerned.”
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CHAPTER IMPLEMENTATION OF THE THREE OMBUDSMAN FUNCTION
3.0 INTRODUCTION
Ombudsman institutions, in their maladministration and administrative function as mediators between citizens injustice within public offices and and governments, play an important role recommends corrective actions. in the promotion of good governance. 3.1 OMBUDSMAN COMPLAINTS Through their activities, they create space HANDLED for dialogue between various stakeholders to discuss key public policies; advance The Inspectorate of Government mainly equal and fair delivery of services to the handles ombudsman complaints such as: public; channel citizen voice; and they (i) Employment disputes e.g. irregular can also hold government accountable recruitments, unfair to citizens. The Ombudsman function of Dismissals, victimization and harassment. the Inspectorate of Government is derived (ii) Non-payment or delayed payment from Article 225(1) (a) (b) (c) and (e) of the of salary, salary arrears, leave Constitution which outlines the functions allowances, pension, gratuity, of the Inspectorate of Government as terminal benefits and failure to hereunder; access/deletion from the payroll. (iii) Inheritance and administration of (a) To promote and foster strict estates disputes. adherence to the rule of law and (iv) Property disputes. principles of natural justice in (v) Abuse of office by public officials. administration. (vi) Delayed Service Delivery. (b) To eliminate and foster the During the period under review, the elimination of corruption, abuse of institution mostly complained about authority and of public office. was the Ministry of Public Service with 2.2% of all the complaints registered. (c) To promote fair, efficient and good The complaints involved non-payment governance in public offices. of employment benefits, including salary (e) To investigate any act, omission, arrears, pension and gratuity. advice, decision or recommendation by a public officer or any other “ The Ombudsman authority to which this article applies, function of the taken, made, given or done in exercise Inspectorate of of administrative functions. Government is Section 8 of the Inspectorate of derived from Government Act is a replica of the above Article 225 of the provision. The Inspectorate of Government Constitution” fulfills the above Ombudsman functions through investigation of
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Table VII: Ombudsman complaints investigated and completed during the Period July – December 2014
Nature of Complaint Number Percentage Mismanagement 136 12.2% Nonpayment of salaries and other benefits 88 7.9% Delay of service delivery 55 4.9% Victimization 51 4.6% Property Disputes 49 4.4% Tenders & Contracts 44 4.0% others 152 13.7% Sub Total 575 51.7%
3.2 CHALLENGES IN IMPLEMENTATION (ii) To engage the parties concerned in OF OMBUDSMAN FUNCTION early resolution, mediation, round table discussions and physical follow- a) Reluctance, delays and/or refusal up of complaints as much as possible by some Government Institutions to increase quick completion of cases. to respond to IG inquiries greatly slows down IG’s work. Some of these (iii) To continue training of staff through Institutions include: Ministry of workshops and attachment to other Defence, Solicitor General’s office, Anti-corruption and Ombudsman Ministry of Public Service, Uganda institutions such as the Danish and National Bureau of Standards and Dutch Ombudsman Institutions that Ministry of Gender, Labour and Social have taken up the initiative to provide Development. It is worth noting that support to the IG in terms of training, the Administrator General’s office sharing of ideas and exchange visits. and Ministry of Education, Science, Technology and Sports have improved (iv) To use Boardroom sessions bi- in timely provision of information to annually to enlist compliance from the the IG. various institutions of Government to provide information required for b) Some institutions ignore to implement investigations promptly. the IG’s recommendations without giving reasons. 3.4 RECOMMENDATIONS
3.3 FUTURE PLANS Every government department should have an internal complaints (i) Continue to strengthen the resolution mechanism. Complaints ombudsman function in order to should only be referred to the safeguard the rights of individuals Inspectorate of Government if against maladministration, abuse of the initial procedures have been power or office by public authorities exhausted and the complaints remain through systemic investigations (8), unresolved. policy studies (2) and investigations (150) every six months.
REPORT TO PARLIAMENT 21 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
CHAPTER ENFORCEMENT OF THE LEADERSHIP CODE OF FOUR CONDUCT 4.0 INTRODUCTION
Pursuant to Article 225(1) (d) and 234 total of 270 Government institutions of the Constitution of the Republic of including ministries, districts, Uganda, Section 3 (1) of the Leadership political parties and public bodies Code Act and S.8 (1) (d) of the were requested to submit updated Inspectorate of Government Act, the lists of the staff eligible to declare by Inspectorate of Government is mandated 31st March 2015. The lists submitted to enforce the Leadership Code of were examined, updates made to the Conduct. database registry and a total of 25,000 leaders country wide are expected to The Leadership Code Act provides declare by end of March 2015. for a minimum standard of behavior and conduct for leaders; it requires (ii) Data Entry all specified leaders to declare their The IG operates a Leadership Code Incomes, Assets and Liabilities to the Database where leaders’ declarations Inspector General of Government. The are captured and stored to enable Code prohibits conduct that is likely to easy searching using the Fast Track compromise the honesty, impartiality Screening Tool. By the beginning and integrity of leaders or conduct that of this reporting period, there was a leads to corruption in public affairs and it backlog of 71,330 declaration forms imposes penalties on leaders who breach that had not yet been entered in the the Code. database. Section 37 of the Leadership Code Act The IG embarked on a data entry provides that the Inspectorate shall exercise whose main objective is to include in its Statutory Report to operationalize the Fast Track Screening Parliament a report on its enforcement of Tool. At the end of this reporting period, the Code. a total of 12,737 declaration forms had 4.1 ACTIVITIES CARRIED OUT DURING been entered into the database. The THE PERIOD JULY – DECEMBER process of data entry is still on-going. 2014 (iii) Online Declaration 4.1.1 Management of leaders’ During this reporting period, the IG declarations of income, assets commenced the process of setting up and liabilities forms the online declaration system. This (i) Section 3 of the Leadership Code process is still on-going. Act empowers the Inspectorate of Government to receive and examine declarations submitted by leaders. During the period under review, a
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4.1.2 Verification of leaders’ (i) A gift of a mobile phone hand set declarations of Incomes, Assets from Huawei Technologies China. and Liabilities and investigations The leader was advised to have the into allegations of the breach of gift registered and utilized by her for the Leadership Code: official duty.
During the period under review, a total (ii) A gift of an Apple IPhone received of twenty five (25) verification cases and from Uganda Telecom. The leader five (5) investigation cases were conducted was advised to have the gift registered and completed. and utilized by her for official duty.
4.1.3 Outcomes of verifications and (iii) A set of farewell gifts ranging from investigations: souvenirs, ornaments, household items, consumables and personal (i) In fifteen (15) cases, the leaders gave items. The leader was advised to put satisfactory explanations for their them to personal use. income, assets and liabilities. 4.3 CONSTRAINTS ENCOUNTERED IN (ii) One (1) case was sent to the ENFORCING THE LEADERSHIP Directorate of Legal Affairs for legal CODE OF CONDUCT advice and further action. (i) The lack of a Leadership Code (iii) One (1) case recommended the Tribunal and the delayed amendment leader’s property for valuation. of the Leadership Code Act is (iv) One (1) case was sent to CIID for a significant challenge to the further investigation. enforcement of the Leadership Code and has contributed to the decline in (v) In two (2) cases, leaders were advised. adhering to the code of conduct by (vi) Two (2) public officers were cautioned. leaders.
(vii) In One (1) case the allegations were (ii) Difficulties in the verification in found to be untrue. respect to the leaders’ income, assets and liabilities due to lack of proper (viii) One (1) case recommended for a records continues to cause delays in University policy review on the the completion of files. procedure for electing deans and heads of departments. (iii) Accessing and timely provision of information by the government 4.2 GIFTS DECLARED BY LEADERS registries also delays the search Section 10(1) of the Leadership Code process hence affecting the timely Act requires a leader to declare to the completion of files. Inspector General of Government a gift 4.4 FUTURE PLANS FOR THE or donation of a value of ten currency PERIOD JANUARY TO JUNE 2015 points or above received on any public or ceremonial occasion, or a commission on (i) Strengthen the enforcement of LCA any transaction. through investigation of its breaches (20) and verification of declarations During the period under review, the (50) every six months and ensure following gifts were declared by leaders; REPORT TO PARLIAMENT 23 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
100% compliance rate for leaders required to declare.
(ii) Receive and examine at least 95% of the issued declarations of income, assets and liabilities forms from leaders by July 2015.
(iii) Complete the development of the online declaration system.
(iv) Continue with the data entry exercise.
4.5 RECOMMENDATIONS TO GOVERNMENT
(i) The Leadership Code Act should be amended and the Leadership Code Tribunal established for effective enforcement of the Code.
(ii) All government registries should Computerize the records to enable accurate data/information to be obtained.
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CHAPTER FIVE PREVENTIVE MEASURES 5.0 INTRODUCTION
The preventive measures used by the and Development Plan (CADP- 2010- Inspectorate of Government are directed 2014) recognizes the need to enhance towards the greatest possible prevention the Inspectorate’s image and regional of corrupt behavior that will in the long presence in all parts of the country. The run be positively reflected not only in aim of this is to deliver services to grass society, but also in a reduction in the root citizenry and formulate partnership public budget deficit, strengthening of and collaborative efforts with various economic growth and the international sections of the public in order to achieve competitiveness of the country in general. the IG’s mandate of fighting corruption, The elimination of corruption is a wide abuse of office and administrative deliberate goal. It is therefore, declared injustices and enforcement of Leadership not only in the government’s statement of Code of Conduct. The public is therefore, policy, but in particular the National Anti- educated about their Constitutional Corruption Strategy, which is a binding right to access public services without list of the changes that must be made having to pay bribes or any other extra within the framework of the fight against costs and made aware of their civic corruption. duties and responsibilities; to demand for accountability, value for money from their The preventive measures undertaken leaders and to report corrupt practices, by the IG include public awareness mismanagement or abuse of public office programs and sensitization; policy and to the Inspectorate of Government. system studies; research and surveys; and through monitoring and inspections The following public awareness of government projects. This chapter programmes and activities were carried therefore, highlights the prevention of out by the IG during the period under corruption activities that were carried out review: during the reporting period. 5.1.1 Workshops 5.1 PUBLIC AWARENESS The existence of a knowledgeable and PROGRAMMES AND informed citizenry decreases opportunities SENSITIZATION for the misuse of public funds and The Inspectorate of Government is supports the detection of corruption. In mandated to sensitize and educate support of this notion, the IG carried the public about the values of out two (2) sensitization workshops as constitutionalism in general and the detailed below: activities of the office in particular, (i) On 26th August, 2014, the IG in through any media or any other means conjunction with Economic Policy it considers appropriate. Hence the and Research Centre (EPRC) Inspectorate of Government Corporate
REPORT TO PARLIAMENT 25 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
held a workshop to launch and which was developed in 2009 to disseminate the findings of the th4 address a growing concern about the Data Tracking Mechanism (DTM) lack of credible tools and methods Report to 300 representatives from; to track corruption in Uganda. The the Development partners, Civil report provides data to citizens, Society Organizations, Government policy makers and the Government of Ministries and Departments, Inter- Uganda about activities in Uganda, Agency Forum, Leaders of Integrity which support or detract from the Ambassadors Clubs, Heads of fight against corruption. It further Universities and Tertiary Institutions generates information for the various and the Media at Hotel Africana in stakeholders particularly for NGOs, Kampala. the media and development partners about the state of corruption as well The 4th Annual IG Report on Tracking as the effectiveness of efforts to reform Corruption Trends in Uganda using and improve overall governance in the Data Tracking Mechanism (DTM) Uganda. The report also highlights was launched by the Minister of the impact of corruption in various Finance and economic Development. sectors explored. The report is part of the DTM initiative
A panel of discussants during the launch of the 4th DTM Report
Launching the 4th DTM Report by the Minister of Finance, Planning and Economic Development and the IGG JULY – DECEMBER 2014 26 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
(ii) On 23rd September, 2014 the IG in anti-corruption procession, a media conjunction with African Centre for breakfast meeting, boardroom Anti-Corruption Studies (ACACIA) sessions and open days. The week conducted a full-day workshop long activities culminated into a one on “The role of the academia in day dialogue on 9th December, 2014 shaping and taking forward the at Hotel Africana in Kampala. anti-corruption agenda” at Fairway 5.1.2.1 Open days hotel, Kampala. The purpose of the workshop was to bring together (i) The IG in conjunction with OAG, academic experts and practitioners PPDA and Directorate of Ethics and to share knowledge and experiences Integrity (DEI) organized joint Open about the teaching of Anti-Corruption Days to interact with members of studies in Universities and Tertiary the public on the role of the anti- institutions. The workshop was corruption agencies, how to report attended by 46 participants from corruption as well as respond to Universities and Civil Society any matters raised by the public. Organizations. Information, Education and Communication (IEC) materials were 5.1.2 International Anti-Corruption distributed during the event. Day Commemoration Activities (ii) The IG also interacted with, exhibited During the period under review, and distributed IEC materials to the the IG in conjunction with the public during the commemoration of Office of the Auditor General (OAG), the Uganda Police Force 100 years of Public Procurement and Disposal of existence. Public Assets Authority (PPDA) and Directorate of Ethics and Integrity (iii) In addition, the IG also participated in (DEI), with the support from GIZ an open day organized by the Anti- organized and conducted a series of Corruption Division of the High Court. activities for the International Anti- This forum promoted knowledge Corruption Week commemorations sharing and learning among the running from 2nd to 9th December, different court users who participated 2014. These activities included an in the event.
REPORT TO PARLIAMENT 27 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
An officer from OAG top( ) and the IG Public Relations Officer (left) explaining to the citizens about the activities of the institutions (bottom) during an Open Day at Nakumatt Shopping Centre.
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5.1.2.2 Anti-Corruption Procession
IG members of staff and other anti- corruption institutions denouncing corruption during a procession on the streets of Kampala.
5.1.2.3 Media Breakfast
The IG in conjunction with the Office of the Auditor General (OAG) and Public Procurement and Disposal of Public Assets Authority (PPDA) held the first joint Media Breakfast at Serena Conference Centre. The main purpose of the Media Breakfast was to provide a forum where the media practitioners networked with the Heads of the Anti- Corruption agencies. Specifically, the objectives were to: a) Create a mutual working relationship between the media and anti-corruption agencies b) Create awareness on the mandates of the different anti-corruption agencies c) Develop strategies on how the media can contribute to the fight against corruption.
The event was attended by various senior media personalities from different media houses.
The IGG Justice Irene Mulyagonja (2nd right) addressing a media breakfast meeting on 2nd December, 2014 at Serena Hotel-Kampala.
REPORT TO PARLIAMENT 29 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
The Minister of State for Ethics, the IGG and other leaders of the anti- corruption institutions in the country with members from the media after the media breakfast
5.1.2.4 Public dialogue
The IG in conjunction with OAG, PPDA and DEI organized a joint public dialogue on Anti-Corruption Day at Hotel Africana on the theme: Accelerating the Fight against Corruption: a Collective Responsibility. As part of the commemoration, the Prime Minister launched the National Anti-Corruption Strategy 2014-2019. He called upon all Ugandans to take up the fight against corruption collectively.
The Inspector General of Government addressing participants at the International Anti-Corruption Day 2014 Dialogue at Hotel African, Kampala
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The Right Hon. Prime Minister of Uganda Dr. Ruhakana Rugunda (second left) signing the National Anti-Corruption Strategy (NACS) 2014-2019 on 9th December, 2014 at Hotel Africana.
Launching the National Anti- Corruption Strategy (2014 – 2019)
REPORT TO PARLIAMENT 31 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
The pupils of Kitante Primary School performing an anti-corruption mime entitled “Time Bomb” on 9th December, 2014 at Hotel Africana, Kampala.
Recognizing a pupil from Nakasero Primary School after presenting an Anti- Corruption Poem
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The pupils of Kitante Primary School participate at the International Anti- Corruption Day 2014
5.1.3 Integrity Ambassadors Clubs’ Activities
IG supported a total of eight (8) Integrity clubs activities during the period under review as detailed below:
(i) On 30/10/2014, Gulu University IAC held an Anti-Corruption seminar for 150 students from the institutions of; Gulu University, National Teachers College Unyama in Gulu District on the theme “the role of the Youth in fighting corruption”.
(ii) On 8/11/2014, the Integrity Ambassadors Club of Uganda Technical College (UTC) – Kichwamba organized and hosted an anti-corruption seminar for 200 students from six institutions namely; Fort Portal School of Clinical Officers, Kabarole College of Commerce, Fort Portal College of Commerce, Mountain of the Moon University, Virika Nursing School and UTC – Kichwamba on the theme “Administrative efficiency is reduced and the authority of political and economic order is undermined due to Corruption”.
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UTC-Kichwamba Integrity Ambassadors Club matching ahead of the seminar.
Students of Fort Portal College of Commerce presenting a poem during a seminar at UTC-Kichwamba.
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(iii) On 14/11/2014, Nkumba University IAC hosted an Anti-Corruption seminar at Nkumba University campus for 250 students from five institutions namely; Kampala International University, Makerere University, Muteesa1Royal University, Ndejje University and Nkumba University on the theme “demand for accountability and value for money, the role of citizens”.
Rev. Prof. Peter Matovu addressing students during a seminar at Nkumba University
A student sharing his views at a seminar in Nkumba University
(iv) 0n 19/11/2014 the Integrity (vi) On 29/11/2014 the Integrity Ambassadors Club was re-launched Ambassadors Club of Katigondo in Islamic University in Uganda (IUIU) National Major Seminary hosted an Mbale Campus. Anti-Corruption Public Dialogue involving 150 students from the (v) On 29/11/2014, Uganda Technical institutions of; Masaka School of College-Elgon IAC, held an Anti- Comprehensive Nursing, Villa Maria Corruption seminar on the theme “anti- School of Nursing and Katigondo corruption compliance; the role of the National Major Seminary on the youth in the fight against corruption” theme “Corruption an evil we ought to fight”.
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(vii) On 29/11/2014, the IG supported and youth involvement in the fight Vision for the Young Generation against corruption” (ViFYG) to conduct a seminar for 88 5.1.4 Training/sensitization of public students of Makerere University on servants the topic “factors fueling corruption and youth involvement in the fight This activity is dependent on invitations against corruption”. of IG from other institutions but a total of 12 training programmes to other public (viii) On 6/12/2014, the IG supported servants were carried out during the Vision for the Young Generation period under review. (ViFYG) to conduct a seminar for 88 students of Kyambogo University on the topic “factors fueling corruption
The Director of Education and Prevention of Corruption during the training of public officials in Mbale.
5.2 POLICY AND SYSTEMS STUDIES Departments and Institutions with a view to identifying loopholes that may 5.2.1 Background be susceptible to corruption and make The Constitution of the Republic recommendations for remedial measures. of Uganda and the Inspectorate of This is aimed at improving service delivery Government Act mandate the Inspectorate in identified Government Departments, of Government to promote fair, efficient Ministries, Agencies and Parastatals. and good governance in public offices The Inspectorate of Government therefore, aimed at the main goal of attaining zero selects the institutions to be studied on tolerance to corruption. Given that the basis of information received through strengthening of institutions is a key public complaints, media reports, audit anti-corruption measure, the Inspectorate reports, monitoring and evaluation of Government carries out system reports and periodic surveys. In addition, studies and systemic investigations into institutions complained about most operations, policies, systems, procedures through the written public complaints to and legislation of various Government
JULY – DECEMBER 2014 36 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT the IG are also considered when selecting additional complaints were received by the policy and system studies to be the office in relation to this matter. There carried out. is therefore need to deal with all these emerging issues before the final report is During the period under review, the issued. Inspectorate of Government concentrated on completing six (6) major system 5.2.4 A systemic investigation into the studies/systemic investigations. The management of Mulago Hospital work done in this regard is as follows. This systemic investigation was initiated 5.2.2 A system study into the as a result of numerous complaints management of immunization received by the IG in regard to the day service delivery in Uganda to day management of affairs at the As previously reported, this policy National Referral Hospital – Mulago. Field and system study was initiated as a investigations were completed and a draft result of a complaint received by the IG report is under review. alleging vaccine stock-outs, shortage 5.2.5 A systemic investigation into the of immunization kits, logistics and recruitment of the Commissioner lack of other supplies in the hospitals General Uganda Revenue for the different districts in Uganda. Authority Investigations and verifications were carried out in sampled thirty three (33) This systemic investigation was carried districts in the Central, Northern, Eastern, out as a result of complaints to the IG Southern and Western regions of Uganda. alleging irregularities in the procedures The report detailing the findings and of recruiting the Commissioner General recommendations is in advanced stages URA by the Board. Investigations were awaiting issuance. undertaken and a report containing the findings and recommendations was 5.2.3 A system study into the issued in September 2014. The overall management of Uganda Printing conclusion was that the URA Board be and Publishing Corporation cleared of any procedural irregularities (UPPC) and cancellation of the recruitment In a similar way, the Inspectorate of process was not justified. The decisions Government also initiated a system study that were taken by the Board of Directors into the management of Uganda Printing were in compliance with the law and and Publishing Corporation (UPPC). The policies of URA. study was commissioned as a result of an 5.2.6 A systemic investigation into inquiry that was conducted in regard to the recruitment of the Principal the recruitment of the Managing Director Uganda Institute of Allied Health of the Corporation. In the course of the and Management Sciences, inquiry, it was established that UPPC Mulago had many other management, financial, human resources, administrative and This systemic investigation was also procurement flaws that required a study. carried out as a result of a complaint It should be noted that during the study,
REPORT TO PARLIAMENT 37 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT wherein it was alleged that the former 5.2.8 Challenges in carrying out Policy Principal Uganda Institute of Allied Health and Systems studies and Management Sciences (UIAHMS) formerly referred to as Paramedical During the period under review, the Training Schools – Mulago connived with challenges faced still remained the same. the former Chairman of the Institute’s They include lack of sufficient human, Governing Council and without the financial and material resources. These authority of the Council recommended have continued to delay the completion to the Permanent Secretary, Ministry of the planned system studies/systemic of Education and Sports (MoE&S) and investigations. had a doctor appointed on local contract as Principal after the latter retired in 5.2.9 Future Plans February 2013. A report detailing the findings was issued and it recommended The IG intends to complete the on- that the Permanent Secretary, MoE&S going system studies and systemic seeks a corrigendum from the Education investigations. In addition, IG intends to Service Commission appointing the doctor do the following; on contract with effect from the date of (i) Initiate a policy and system study assumption of duty in order to avert a into the management of UNRA scenario where the contract lapses and Headquarter office in Kampala and the doctor claims salary for the part of other upcountry/regional offices. the contract for which he actually did (ii) A policy and system study into not work. It was further recommended the process of recruiting staff and that the Permanent Secretary, MoE&S students in selected government also advises the Chairperson of UIAHMS nursing and paramedical schools. Governing Council to cause the Council (iii) Conduct dissemination workshops to formulate rules of procedure for for the affected stakeholders so conducting the Council’s business to as to enable implementation of avoid unnecessary suspicions in future. recommendations thereof contained 5.2.7 A systemic review of the in the system study reports. procedures of appointing (iv) Write concept papers to access administrative staff at Makerere the required funding from the University development partners to overcome the As previously reported, this systemic challenge of the limited resources. review was initiated as a result of a 5.3 MEDIA RELATIONS complaint received by the IG from Graduate Support staff of Makerere 5.3.1 Press Conference University who alleged favoritism, nepotism, sectarianism, lack of A press conference was organized during transparency and discrimination with the period to interact with the press regard to the methods of recruitment and on the activities of the IG. Specifically, promotions used by the University. The the discussions were centered on key draft report is still under review due to the investigations being conducted as well as emergency of other pertinent issues before matters in the court. The interaction with the final report is issued. the press provides the IG an opportunity
JULY – DECEMBER 2014 38 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT to address a number of issues arising out Other members of staff also participated of its work. This also helps to achieve in various radio talk-shows during the the IG’s objective of creating public anti-corruption week activities. awareness. 5.4 MONITORING, TRAINING AND The IG also continued to interact with INSPECTION OF GOVERNMENT the media on various activities of the PROJECTS institution. This has enhanced objective reporting by the media and thus greatly 5.4.1 Ensuring Transparency and improved the IG’s relations with the media Accountability in Peace Recovery as well as the image of the institution. and Development Plan (PRDP) and Northern Uganda Social 5.3.2 Media Releases Action Fund (NUSAF)
The IG published media releases and 5.4.1.2 Peace, Recovery and newspaper supplements in the New Development Plan (PRDP) Vision, the Daily Monitor and the Observer. The purpose is to create awareness about The PRDP is an affirmative action by the activities of the Inspectorate using the Government of Uganda to foster different media. The releases coincided reconstruction and development in with international and national events Northern Uganda following the twenty such as Independence Day under the year conflict that had affected the region. theme, Unit, Peace, Security and Regional Integration: Key Pillars for As a framework, the PRDP aims at True and Sustainable Independence an improved coordination of the and International Anti-Corruption Day reconstruction efforts taking place in under the theme, Accelerating the Northern Uganda. It also includes a Fight Against Corruption: a Collective monitoring function of the PRDP activities Responsibility, where the IG outlined taking place in accordance with their the importance of different stakeholders respective programmes. For transparency especially the communities in the fight and accountability assurance in PRDP against corruption. implementation, the Inspectorate of 5.3.3 Radio and TV programmes Government was incorporated to enhance performance and value for money. The IGG and the two Deputies were invited to different radio and television In the period July - December 2014, talk-shows to talk about the activities IG conducted monitoring/inspections of the Inspectorate in the fight of eighty eight (88) PRDP projects in against corruption. Some of the radio the districts of Apac, Kole, Otuke, programmes include Spectrum on Radio Oyam, Moroto, Napak, Ngora, Serere, One, Hot Seat on KFM and Kyogereko on Kaberamaido, Mbale and Busia. Akaboozi ku Bbiri, while the television programmes include On the Spot and Among other things, the inspections/ Fourth Estate on NTV, Morning Breeze on monitoring revealed the following: NBS, among others.
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(i) Many infrastructural projects were findings, observations and rolled over from the past fiscal year. recommendations were forwarded to the This was partly attributed to the respective accounting officers with copies delays in concluding procurement to the Permanent Secretary, Office of the process. Prime Minister for action tobe taken.
(ii) Some contractors abandoned In addition, the IG convened three (3) infrastructure projects before meetings with key district officials drawn completion from the 55 districts and 9 municipalities where PRDP is implemented. The (iii) Workmanship of some of the participants discussed the findings of IG infrastructure projects is poor. in monitoring and inspection of projects and agreed on the following action plan to Detailed reports of the IG containing improve PRDP implementation.
Table VIII: MUTUALLY AGREED ACTION PLAN ON PRDP IMPLEMENTATION FROM THE CONSULTATIVE MEETINGS HELD IN GULU, MBALE AND LIRA
S/ PERSON ACTION PLAN No. RESPONSIBLE Procurement plans should be ready within two (2) weeks of Head, Procurement and 1 budget approval by the District Council Disposal Unit (PDU) Avoid unnecessary delays in the procurement process by 2 Head, PDU ensuring timely submission of budgets and work plans Queries raised by the Solicitor General should be answered 3 Head, PDU within five (5) working days to avoid delays in contract approvals Selection of staff to the Evaluation Committees should be based 4 Head, PDU on high integrity and competence Before award of contracts and services, due diligence must be 5 Head, PDU conducted on service providers Procurement processes should be completed by 31st December 6 Head, PDU for every financial year All stakeholders including community members must be 7 mobilized, sensitized and given adequate information to enable PRDP Focal Person them ensure proper implementation of PRDP projects A simple project monitoring tool should be developed and availed 8 to help the community to easily monitor and document findings District Engineer during project implementation Monthly site meetings, supervision, monitoring and reporting 9 District Engineer should be observed The list of approved technical personnel of service providers must 10 District Engineer not be changed without the authority/knowledge of the District Service providers must be paid within seven (7) days of approved 11 Chief Finance Officer works done Projects should be completed within the contract period given. 12 However, in the event of any incomplete projects carried forward Heads of Departments to a subsequent financial year, they should be given first priority Service providers who fail to deliver must be recommended for Chief Administrative 13 blacklisting Officer 14 Stakeholders MUST NOT give or accept gratification/bribes All stakeholders
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Some of the photographs that were taken by the IG at the time of monitoring/ inspection of PRDP projects
Monitoring and inspection photographs conducted during the period July – December 2014
Incomplete classroom block in Apac District: The contract to execute this project was signed in May 2011 and was to be completed within 6 months. However, by the time of inspection in September 2014 (when the photograph was taken) the classroom was still incomplete.
Incomplete staff house in Oyam District: The contract to execute this project was signed in February 2011 and was to be completed within 6 months. By the time of inspection in July 2014 the project was still incomplete (The photograph was taken in July 2014).
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Cracked wall and floor of a latrine at a health centre III in Mbale District
Broken window in Pallisa District: Shoddy work on the completion of the classroom block
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Cracks on the veranda apron of a two classroom block in Serere District
Cracked tank cover at an abattoir in Napak District
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5.4.1.3 Public Awareness of PRDP (i) Their roles and responsibilities; projects through Electronic (ii) community monitoring skills; Media (iii) anti-corruption reporting A total of eleven (11) public awareness mechanisms; and programmes were broadcast on radio (iv) documentation of their activities. stations in PRDP districts. The radio stations used include: Open Gate FM- The curriculum for training the Mbale, Rupiny FM-Gulu, Kioga Veritas- communities was developed and pre- Soroti, Eastern Voice FM-Bugiri, Buddu tested by the IG with support from World FM-Masaka, Super FM-Kampala, KFM– Bank. Visual aids used during CMG Kampala, Capital FM-Kampala and Radio training were also developed. One-Kampala. The CSO consortium recruited thirty 5.4.1.4 Social Accountability and seven (37) Community Trainers (CTs) and seven (7) Regional Managers (RMs) to Community Monitoring (SACM) implement the SACM activity. The CTs The Inspectorate of Government with and RMs attended training of trainers support from the World Bank initiated (TOT) in Gulu. the Social Accountability and Community Monitoring (SACM) activity under the All CTs and RMs were availed android Transparency, Accountability and Anti- smart phones which have been preloaded Corruption (TAAC) component of the with special software for remote Second Northern Uganda Social Action monitoring and data collection system. Fund (NUSAF II). This is a pilot activity This system allows authorized persons to in Uganda and the overall objective is to, log on internet system and among others “build the capacity of communities to view SACM activity reports loaded by monitor government funded projects CTs. For authentication purposes, the in order to enhance transparency and system automatically uploads the Global accountability”. The activity is being Positioning System (GPS) of the place from piloted in 730 sub-projects distributed in where a report was compiled. 181 sub-counties in 33 districts. By 31 December 2014, a total of 3,420 The IG is working with Civil Society citizens (members of CMG) had been Organizations (CSOs) consortium led by trained by the consortium. The target is to Uganda Debt Network to train identified train 6570 citizens by April 2015. Community Monitoring Group (CMG) members on;
“The Inspectorate of Government with support from the World Bank initiated the Social Accountability and Community Monitoring (SACM) activity under the Transparency, Accountability and Anti-Corruption (TAAC) component of the Second Northern Uganda Social Action Fund (NUSAF II). By 31 December 2014, a total of 3,420 citizens (members of CMG) had been trained by the consortium. The target is to train 6570 citizens by April 2015.”
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This photograph was taken dirung SACM review meeting in Soroti.
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CHAPTER CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL SIX COOPERATION 6.1 INTRODUCTION
The Inspectorate of Government is international levels. IG therefore, interacts committed to strengthening and building with as many stakeholders as possible capacity of its staff by organizing relevant at national, regional and international training programs and study tours levels. This is done by not only organizing both at individual and group levels. IG meetings, workshops and conferences further appreciates that the war against for selected stakeholders but by also corruption and promotion of good attending and participating in those governance requires cooperation, support organized by other stakeholders. IG also and exchange of ideas with other relevant interacts with other stakeholders through institutions at the national, regional and exchange visits and study tours.
6.2 TRAINING AND INTERNATIONAL CO-OPERATION
TABLE IX: TRAINING AND INTERNATIONAL CO-OPERATION
No. of Course/Workshop/Meeting Duration Venue Staff Attendance of the Anti-Corruption Academic 30th June – 4th July One (1) Vienna, Austria Expert Workshop. 2014 3rd Module of the High Level Senior Leadership 3rd – 8th August Gaborone, Bo- One (1) and Management Programme for Heads of An- 2014 tswana ti-Corruption Agencies. Attendance of the Training for Judicial Officers 16th – 28th August Two (2) and Prosecutors of the Anti-Corruption Division Dublin, Ireland 2014 of the High Court. Attendance of the 5th Annual Conference of the 8th – 11th September One (1) Vienna, Austria Global Focal Points Network. 2014 Attendance of the Regional Training Workshop 12th – 18th October ESAMI, Aru- Two (2) on Trade Facilitation. 2014 sha, Tanzania Attendance of the 2nd phase Training Programme 19th – 24th October Gaborone, Bo- Two(2) for Heads of Public/Community Education and 2014 tswana Corruption Prevention Divisions’ Training. Participation in the workshop on Organised 12th – 15th Novem- Johannesburg, One(1) Crime. ber 2014 South Africa Attendance of the 8th Annual General Meeting of 16th – 21st Novem- One (1) Nairobi, Kenya EAAACA. ber 2014 Attendance of the 1st Annual General Meeting of 16th – 21st Novem- One (1) Asset Recovery Inter-Agency Network for East- Nairobi, Kenya ber 2014 ern Africa. Participation in the 7th East African Procure- 19th – 21st Novem- One (1) Nairobi, Kenya ment Forum. ber 2014 Attendance of Training by ESAMI in Public 30th November – Pretoria, South One (1) Sector Governance and Budget Reforms Pro- 13th December 2014 Africa gramme.
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6.3 INTERNATIONAL COLLABORATION in Uganda to conduct the 3rd Training on Fighting Corruption and Abuse of Office in 6.3.1 DPP Denmark delegation Uganda. The training is conducted under the DPP Denmark, DPP Uganda and The IG hosted a delegation from the Inspectorate of Government collaboration. Directorate of Public Prosecutions (DPP) It is aimed at building the capacity of Denmark, led by the Deputy Director of investigators and prosecutors in Uganda Public Prosecutions. The delegation was in order to combat corruption.
IG staff receives a certificate from DPP Uganda during the rd3 workshop on fighting corruption and abuse of office in Uganda.
6.3.2 EAAACA Delegation The IG hosted the East African Association of Anti-Corruption Authorities (EAAACA) Executive Committee members in October. The delegation was in Uganda to attend the Executive Committee meeting at the EAAACA Secretariat in Kampala. The EAAACA delegation included the Chairman, Secretary General, Rwanda’s Chief Ombudsman and Burundi’s Commissaire General.
EAAACA delegation
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6.3.3 UK Christian Lawyers visit corruption in Uganda. The team was on a two week fellowship courtesy of Uganda A delegation from Lawyers’ Christian Christian Lawyers’ Fraternity, a civil Fellowship in the UK visited the IG on society organization with a mission to 4th July to acquaint themselves with “Speak up and judge fairly, defend the the role the IG plays in the fight against rights of the poor and the needy”.
UK Christian Lawyers visit at the Inspectorate of Government
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GENERAL CONSTRAINTS, CHAPTER CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS 7.1 INTRODUCTION
Despite an increase in funding from 7.2.2 Understaffing: Government and continued support from Additional staff is required especially in Development Partners to strengthen the Regional Offices. Insufficient staff the institution, the IG continues to face in the Regional Offices has led to high several external challenges as well as officer/complaint ratio, which results in operational problems, most of which case backlog as officers in the regions arise from inadequate resources. This cannot cope with the volume of work. chapter highlights some of the challenges and constraints faced by the IG. It also 7.2.3 Operating in rented office provides recommendations and outlines premises the future plans of IG. The IG is currently renting premises for “Some of the challenges, constraints and both the Headquarters and Regional recommendations mentioned in this chapter Offices. This has led to the challenge of were also contained in the previous reports meeting the ever increasing overhead but have not been addressed.” cost of renting office premises for both the Headquarters and Regional Offices. 7.2 CHALLENGES AND The IG pays Shs.7.8 billion per annum CONSTRAINTS FACED BY THE which forms a bigger part of the recurrent IG IN ACHIEVING STRATEGIC budget. OBJECTIVES 7.2.4 Court delays 7.2.1 Inadequate funding: The Appeals, constitutional petitions/ Funds provided are not enough to references and Applications filed in both carry out IG operations compared to the Court of Appeal and Supreme Court the operational cost of investigations, take long resulting in delay to dispose of prosecutions, verification of declarations court cases and administer justice in time. and public awareness programmes and training of IG investigation and 7.2.5 Lack of a Leadership Code prosecution staff. The corrupt normally Tribunal and delayed amendment use sophisticated techniques to engage in of the Leadership Code Act fraud and other corruption malpractices. There is, therefore, need for the IG staff to These pose a significant challenge to have advanced and specialized training in the IG in enforcement of the Leadership order to keep ahead in the fight against Code and have contributed to the decline corruption. The challenge, however, in adhering to the code of conduct by is inadequate funding to carry out the leaders. necessary training. There is also need to 7.2.6 Inadequate Institutional support purchase modern equipment to be used during investigations and surveillance. Negative attitudes of the institutions that are supposed to be partners with the IG in the fight against corruption affect successful investigations and prosecution REPORT TO PARLIAMENT 49 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT of some cases and delays in handling where necessary. others. Also some institutions delay to 7.3.2 Construction of IG office implement IG recommendations which premises undermines the fight against corruption. The Inspectorate of Government acquired 7.2.7 Poor record keeping in a piece of land and plans to construct Government Institutions its head office to reduce recurrent A poor record keeping culture and lack expenditure. This will reduce on rent of computerized data in Government which takes a big percentage of the Ministries/Departments notably; Ministry recurrent budget. Funds allowing, this of Public Service, Ministry of Lands, will be followed by constructing regional Environment and Urban Development, offices in the various parts of the country Uganda Lands Commission, Company to increase IG presence at the grassroots. Registry and District Service Commissions If this is achieved some funds would cause delays in the retrieval of be saved and allocated to other priority information required for verifications and areas. investigations. 7.3.3 Strengthening and consolidating 7.2.8 Lack of Corporate status: the IG
This has affected IG operations as the Funds allowing, IG will continue to recruit institution cannot be fully represented in more staff especially for regional offices, the courts of law. equip staff with appropriate tools and skills so as to operate efficiently and 7.2.9 Protection of complainants and effectively. With recruitment of new staff, witnesses IG hopes to reduce on case backlog. The Effective protection of complainants IG will also concentrate on strengthening and witnesses interviewed during Regional Offices as opposed to opening investigations remain a big challenge. new ones. This aims at reducing A mechanism needs to be devised to operational costs and making the Regional give adequate and timely protection to Offices more effective. witnesses and complainants during 7.3.4 Education and sensitization of investigations and after the cases are the public concluded. IG will continue to educate and 7.3 FUTURE PLANS sensitize the public and civil society 7.3.1 Conduct ODA organizations on the issues of corruption, maladministration, implementation of IG is in the process of conducting the Leadership Code Act using the print Organizational Development Assessment and electronic media, seminars and to streamline systems, structures and workshops. operations
7.3.1 Training
The IG will continue to train its staff in specialized investigative skills which will improve performance and evidence gathering. The information will be shared with other anti-corruption institutions
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7.4 RECOMMENDATIONS
In order to overcome the above challenges IG recommends the following:
7.4.1 Establishment of the Leadership Code Tribunal
The IG recommends that Parliament as prescribed by law expedites the establishment of a Leadership Code Tribunal so as to facilitate the IG’s mandate in as far as enforcing the Leadership Code of Conduct is concerned. The amendment of the Leadership Code Act should also be expedited.
7.4.2 Improved funding
IG is an institution responsible for promoting good governance, preventing and combating corruption and enforcement of the Leadership Code of Conduct. Government should therefore, provide adequate funding for the IG to be effective in fulfilling its mandate.
7.4.3 Amend the law to give the IG Corporate status
The law should be amended in order for the IG to attain corporate status.
7.4.4 Proper Record Keeping and Accounting Practices
Systems should be put in place to ensure that actions taken by Public Officers in the discharge of their duties are properly documented to guarantee transparency. Proper record keeping and accounting methods should be encouraged in all MDAs to avoid cases where proper audit cannot be carried out.
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APPENDIX INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS
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TABLE X: INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS
Action S/No. Ref. No. Subject Matter Recommendations taken Report issued to CAO of Masindi to caution the Medical Alleged abuse Superintendent of Masindi of office and Hospital to desist from fuelling No action 1. HQT/54/07/2013 causing finan- private motor vehicles with taken. cial loss by Ma- Government funds and using fuel sindi officials. for unbudgeted activities and to ensure that ambulance log book is maintained. Report issued to CAO of Buliisa recommending:
(i) District Land Board to rescind a provisional approval of conversion to freehold land in Bugoigo Parish to Mr. Francis Kaahwa on the Alleged abuse ground that it was based on an of office and di- illegal and fraudulent inspection version of pub- report. No action 2. HQT/54/07/2013 lic resources by (ii) CAO liaise with ATC Uganda and taken. Buliisa District revoke the deed of surrender and officials. accession of collecting rental fees to Francis Kaahwa and the money be paid to Butiaba Sub-county.
(iii) The Sub-county Chairman of Butiaba and the former Sub- county Chief of Butiaba to pay Shs.4.5m to Butiaba Sub-county
Report issued to CAO: Alleged abuse (i) Directing the former SATC Busiisi of office and Division to refund money which embezzlement he paid to a contractor as advance of funds by the No action 3. HQT/54/07/2013 payment contrary to the contract Town Clerk of taken. terms. Busiisi Division in Hoima Mu- (ii) Recommended to PPDA to blacklist nicipality. M/S Habma Company for having abandoned the works.
(i) The Chief Magistrate, Ibanda refunds to the Judiciary a Alleged judicial total of Shs.13,154,000/= he misconduct mismanaged. No action 4. MBR/07/08/13 and bribery by (ii) He should be submitted by the taken. the Chief Mag- Chief Registrar to the disciplinary istrate, Ibanda. Committee of the Judiciary for appropriate action for the misconduct.
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Action S/No. Ref. No. Subject Matter Recommendations taken Alleged forgery (i) The CAO Mbarara to submit the and uttering teacher to the DSC for forgery false docu- and uttering false documents to ments by a gain employment. No action 5. MBR/02/07/10 teacher at Rub- (ii) The DPC Mbarara should further taken. ingo II Primary investigate her with a view to School-Mbar- prosecution for forgery and ara. uttering false documents. (i) The teacher to be deleted from the payroll.
Alleged use of (ii) Kyambogo University to cancel forged UCE the Grade III Teachers’ Certificate certificate issued to her. by a teach- No action 6. MBR/05/06/12 (iii) The MOE&S to cancel the Grade er at Rwari- III Teachers’ registration. taken. re Primary School-Mbar- (iv) The OC CIID Mbarara should ara. carry out further inquiries into forgery and utterance of a forged ‘O’ level certificate by the teacher with a view to prosecuting her. Alleged pay- ment for uncer- tified works on (i) The Town Clerk to refund the Buriharwe road excess amount paid to the IG and non-ac- Asset Recovery Account. No action 7. HQT/41/9/12 countability (ii) The CAO Ibanda to warn her for taken. for funds by paying staff using irregular duty Ibanda Town facilitating allowance rates. Council officials in FY 2010/11. Alleged di- version of The Town Clerk to be submitted to DSC Shs.15m/= for appropriate disciplinary action for by the Town faulting LGPPDA Regulation 117(4&5) No action 8. HQT/70/09/11 Clerk, Head of and recommend the termination of taken. Finance and the contract of M/S Dodoth Legends Town Engineer for failure to perform the contract Kaabong Town within the agreed time. Council. Report of the The Permanent Secretary Ministry Auditor Gen- MRT/CC/04/2012 of Public Service to submit the CAO, No action 9. eral for the Buvuma to Public Service Commission taken. year ended 30th for appropriate action. June 2010. Alleged failure to take disci- CAO Moroto to reinstate Ms. No action plinary action Susan Anero’s interdiction taken. against one 10. MRT/01/08/2012 and submit her name to DSC Anero Susan, for disciplinary action. staff of Moroto District Local Government.
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Action S/No. Ref. No. Subject Matter Recommendations taken CAO, Kaabong should ensure that Alleged abuse the District settles the outstanding of office by CAO No action 11. MRT/01/01/2012 balance of Shs.38,756,804/= to M/S Kaabong Dis- taken. Yorun Grandma Enterprise as this trict. was obligation by the District.
(i) The PS, Ministry of Local Government was to ensure that the Busia Municipal Engineer refunds a total of UGX 14,790,000/= within ninety days. This is the total of UGX 12,490,000/= which he did not account for during the construction of the Translink Road project and the UGX 2,300,000/= which he did not account for during the tarmacking of the taxi park in Busia Municipal Council. (ii) The CAO, Moyo District was to subject the former Ag. Town Clerk Busia to disciplinary action for failure to effectively supervise staff. He specifically failed to ensure proper accountability of funds during the construction of Translink Road and the Taxi/Bus Alleged abuse Park in Busia Town Council during No action of office by Bu- taken. 12. TOR/CF/18/09 the Financial Year 2008/2009. sia Municipal Council official. (iii) The PS Ministry of Local Government was to subject the Town Clerk, Busia Municipal Council for disciplinary action for failure to supervise staff and to ensure proper accountability of funds during the Financial Year 2008/2009. (iv) The Town Clerk, Busia Municipal Council was to submit the Engineer and Busia Municipal Council, to the DSC for appropriate disciplinary action for neglecting his duties when he failed to effectively supervise works during the execution of the projects he implemented during the Financial Year 2008/2009. These included the construction of the Translink Road and the Busia Town Park in Busia Municipal Council.
(i) The CAO Tororo District Local Alleged abuse Government was to reprimand the of office by the District Inspector for fraudulent No action 13. TOR/01/08/13 District Inspec- actions and misconduct which is taken. tor of Schools, prohibited under the provisions Tororo District. of the Public Service Regulations, which attract disciplinary action.
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Action S/No. Ref. No. Subject Matter Recommendations taken
The CAO, Manafwa was to ensure that; (i) The DEO, Manafwa recovers the overpayment of Shs.5,600,000/= from M/S Bukusu Constructors Ltd and refunds it to the IG Asset Recovery Account. (ii) The DEO was to be submitted to No action the DSC for disciplinary action taken. Alleged misuse for contributing to financial loss of funds by the of Shs.5,600,000/= for Manafwa Headteacher, District Local Government. Kabukwetsi (iii) M/S Bukusu Constructors Ltd Primary School 14. TOR/04/09/12 was submitted to PPDA to be and area Engi- blacklisted for having abandoned neer, Namboko work at Kabukwetsi P/S. Sub-county, (iv) The CAO was to ensure that Manafwa Dis- Manafwa District formally trict. terminates the contract with M/S Bukusu Constructors Ltd No action for construction of the classroom taken. block. (v) The CAO was to absolve the Headteacher, Kabukwetsi P/S of the allegations of mismanagement of funds since he was not involved in the disbursement of funds or management of the project.
(i) The CAO Bududa was to ensure that the owners or Director of M/S Naki Investments (U) Ltd refunds UGX 714,732/= and deposit it on Monitoring Buloli Primary School Classroom and Inspec- sub-project Account in Post Bank tion of NUSAF Uganda. Sub-projects in No action 15. TOR/01/05/14 Financial Year (ii) The CAO was to also ensure taken. 2013/2014 in that the sub-projects were Bududa Dis- properly handed over to the trict. beneficiary communities for use after ascertaining that they were satisfactorily completed and funds spent on the said sub-projects are properly accounted for.
(i) The teacher was directed to refund a total of Shs.1,345,071/= The teacher has so far Alleged forgery which he irregularly earned as refunded of a transfer by a Graduate teacher to the IG’s Shs. 16. HQT/10/10/12 a teacher from Assets Recovery Account. 500,000/= Bukedi College (ii) The PS, Ministry of Education to Pallisa S.S. and Sports and the CAO, Butaleja were informed to take appropriate disciplinary and corrective action.
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APPENDIX STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG ACTIVITIES FOR THE PERIOD JULY – DECEMBER 2014
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Table XI: General performance of the Inspectorate of Government during the period July – December 2014
Annual Actual No. Performance Indicators Remarks Target Achieved
Percentage of corruption Cases investigated in MDAs 1 complaints investigated 500 128 (25.6%) are high profile in nature, thus and completed in MDAs take long to conclude
Percentage of corruption Additional staff were recruited 2 complaints investigated 1200 867(72.25%) for Regional Offices to and completed in LGs complete investigations timely. Number of corruption The anti- corruption court is 3 cases prosecuted and 50 28 (56%) now fully operational thus completed more cases were handled. This activity aims at creating awareness on the dangers of corruption and how the public Number of sensitization 4 15 7 (46.7%) can participate in the fight programmes conducted against corruption. Inadequate funds impacts negatively on this activity The IG facilitated more partnerships to create Number of partnerships public awareness during the 5 and institutions 20 12 (60%) international Anti- Corruption supported week. The IG also facilitated a number integrity clubs in tertiary institutions. This is activity aims at Number of IEC creating awareness on the 6 Materials developed and 4 sets 2 sets (50%) dangers of corruption and how disseminated the public can participate in the fight against corruption. Compliance rate for 2015 is the year of declaration. leaders required to 7 100% NA The deadline for receiving declare assets and declarations is 30 March 2015 liabilities to the IGG Number of leaders The IG is on course to meet 8 50 25 (50%) declarations verified this target Number of leaders Most investigations were 9 investigated for breach of 10 5 (50%) initiated and are at various the leadership code levels of completion Increased supervision and Number of Ombudsman follow up of the institutions 10 150 311(207%) investigations concluded investigated to act on recommendations
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Annual Actual No. Performance Indicators Remarks Target Achieved Six studies have already been Number of systemic 11 8 2 (25%) initiated and are ongoing at investigations concluded different levels. Number of Policy and All the planned studies 12 4 0 (0%) system studies completed initiated ongoing. The judiciary has improved Number of judicial review 13 12 10 (83.3%) in disposing of IG cases in a cases concluded timely manner.
Investigations workload July – December 2014
The Inspectorate of Government had a workload of 7,144 investigations during the period July – December 2014 which is 5% less than what it was during the previous period (January – June 2014). A total of 5,824 complaints were brought forward from the previous period and 1,320 were new complaints (including 96 cases that were initiated as a result of reviewing audit reports from the Auditor General’s office). The figure below illustrates how the workload was handled during the reporting period.
Figure 7: Work load July – December 2014
The total number of files concluded during the current period (1,328) is lower compared to the files concluded during the previous period (1,715) by 29.1%. This may be attributed to the sophistication of the complaints handled during the period which take more time to be concluded.
REPORT TO PARLIAMENT 59 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
Figure 8 Categorization of Complaints Registered by Gender for the period July – December 2014
The chart above illustrates that a big fraction of the complaints (61%) were received from men. Only a small percentage (9%), were received from women and those that came from groups of individuals were 14% and the complainants that did not disclose their identities were 16%. Majority of the complaints were received from men possibly due to the fact that they comprise a higher percentage of the workforce in public service.
Complaints received through the SMS System
The Inspectorate of Government introduced the SMS system in June 2013 through which the public can forward their complaints to the IG by use of a mobile phone. During the period July – December 2014, 93 complaints were received through the SMS system. The graph below shows the frequency of complaints received through SMS.
Figure 9: Complaints received through SMS system during the period July - December 2014
As seen from the chart above, the highest number of SMS complaints were received during the month of July (29) and the least during the month of December (3). A complaint is forwarded by texting CORRUPT and SMS 6009. However, the challenge is that the complainants do not provide adequate information and therefore these are normally followed by phone calls which is time consuming. JULY – DECEMBER 2014 60 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
Figure 10: Comparison of Investigations for the Periods January – June 2014 and July – December 2014
The diagram above shows that the total number of complaints which were investigated and completed reduced from 1418 complaints during the period January – June 2014 to 1112 during the period July – December 2014 which is a decrease of 21.5% of the complaints investigated during the current period. The complaints that were processed and referred to other institutions also reduced from 236 to 130. However, more complaints were investigated and completed during the year 2014 (2,419) compared to the previous years despite the increasing sophistication of the complaints handled.
Table XII Number of Complaints Registered by the Inspectorate of Government Offices July – December 2014 S/No Office Number of Complaints Percentage 1 Kampala Headquarters 525 39.8% 2 Gulu 112 8.5% 3 Mbarara 99 7.5% 4 Mbale 81 6.1% 5 Soroti 68 5.2% 6 F/Portal 57 4.3% 7 Jinja 52 3.9% 8 Mukono 44 3.3% 9 Masaka 43 3.3% 10 Moroto 43 3.3% 11 Moyo 39 3.0% 12 Tororo 38 2.9% 13 Hoima 36 2.7% 14 Arua 34 2.6% 15 Lira 24 1.8% 16 Kabale 18 1.4% 17 Kampala Regional Office 7 0.5% Total 1320 100.0%
As indicated in the above table, most of the complaints were registered at Kampala Headquarters and the least complaints were registered at Kabale and Kampala Regional Offices. However, Kampala Regional Office handles most of its complaints that had already been registered at the Headquarters. For instance, Kampala Regional office received a total 14 complaints that were registered at the Head Office during the reporting period.
REPORT TO PARLIAMENT 61 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
Figure 11: Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2005 – 2014
As seen from the above graph, the lowest number of complaints were registered in 2006 (1562) but since then there has been an upward trend of complaints registered especially those that are registered at Regional Offices.
Figure 12: Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2005 –2014
The graph above shows that, the Inspectorate of Government investigates and completes at least 1500 complaints each year. The number of complaints investigated and completed were notably low in 2009 (831) due to the fact that during that time the institution did not have an IGG but since then the investigations completed have gradually been increasing hitting the highest level in 2014 (2,419) despite the increasing sophistication of the complaints handled.
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Table XIII: Complaints received according to the districts for the period July - December 2014
S/N Districts Number of Complaints Percentage 1. Kampala 315 23.9% 2. Gulu 47 3.6% 3. Mbarara 39 3.0% 4 Jinja 37 2.8% 5. Arua 33 2.5% 6. Soroti 33 2.5% 7. Mbale 32 2.4% 8. Kabarole 27 2.0% 9. Wakiso 27 2.0% 10. Agago 22 1.7% 11. Moyo 21 1.6% 12. Mukono 19 1.4% 13. Pader 18 1.4% 14. Buikwe 17 1.3% 15. Bushenyi 17 1.3% 16. Kaabong 17 1.3% 17. Bulambuli 16 1.2% 18. Hoima 16 1.2% 19. Tororo 16 1.2% 20. Kitgum 15 1.1% 21. Lira 14 1.1% 22. Busia 13 1.0% 23. Kyenjojo 13 1.0% 24. Manafwa 13 1.0% 25. Masaka 13 1.0% 26. Masindi 13 1.0% 27. Bundibugyo 12 0.9% 28. Kabale 12 0.9% 29. Kayunga 12 0.9% 30. Lamwo 12 0.9% 31. Isingiro 11 0.8% 32. Kasese 11 0.8% 33. Moroto 11 0.8% 34. Pallisa 11 0.8% 35. Mityana 10 0.8% 36. Sembabule 10 0.8% 37. Amuria 9 0.7% 38. Kapchorwa 9 0.7% 39. Kiruhura 9 0.7% 40. Yumbe 9 0.7%
REPORT TO PARLIAMENT 63 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
S/N Districts Number of Complaints Percentage 41. Bukwo 8 0.6% 42. Iganga 8 0.6% 43. Katakwi 8 0.6% 44. Kibaale 8 0.6% 45. Kween 8 0.6% 46. Bugiri 7 0.5% 47. Kalungu 7 0.5% 48. Kamwenge 7 0.5% 49. Kibuku 7 0.5% 50. Kotido 7 0.5% 51. Ntungamo 7 0.5% 52. Rakai 7 0.5% 53. Serere 7 0.5% 54. Sironko 7 0.5% 55. Sheema 7 0.5% 56. Abim 6 0.5% 57. Amudat 6 0.5% 58. Budaka 6 0.5% 59. Dokolo 6 0.5% 60. Kalangala 6 0.5% 61. Kiryandongo 6 0.5% 62. Kumi 6 0.5% 63. Luwero 6 0.5% 64. Nakapiripirit 6 0.5% 65. Namayingo 6 0.5% 66. Adjumani 5 0.4% 67. Ibanda 5 0.4% 68. Kaberamaido 5 0.4% 69. Ngora 5 0.4% 70. Nwoya 5 0.4% 71. Rubirizi 5 0.4% 72. Rukungiri 5 0.4% 73. Amuru 4 0.3% 74. Apac 4 0.3% 75. Kamuli 4 0.3% 76. Kanungu 4 0.3% 77. Kiboga 4 0.3% 78. Kisoro 4 0.3% 79. Koboko 4 0.3% 80. Lyantonde 4 0.3% 81. Lwengo 4 0.3% 82. Mubende 4 0.3%
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S/N Districts Number of Complaints Percentage 83. Nakasongola 4 0.3% 84. Nebbi 4 0.3% 85. Butaleja 3 0.2% 86. Buvuma 3 0.2% 87. Kole 3 0.2% 88. Kyegegwa 3 0.2% 89. Luuka 3 0.2% 90. Mpigi 3 0.2% 91. Nakaseke 3 0.2% 92. Napak 3 0.2% 93. Oyam 3 0.2% 94. Amolatar 2 0.2% 95. Buhweju 2 0.2% 96. Bukedea 2 0.2% 97. Bukomansimbi 2 0.2% 98. Buliisa 2 0.2% 99. Kyankwanzi 2 0.2% 100. Maracha 2 0.2% 101. Mayuge 2 0.2% 102. Mitoma 2 0.2% 103. Namutumba 2 0.2% 104. Otuke 2 0.2% 105. Zombo 2 0.2% 106. Alebtong 1 0.1% 107. Bududa 1 0.1% 108. Butambala 1 0.1% 109. Gomba 1 0.1% 110. Kaliro 1 0.1% Total 1320 100.0%
The table above shows that most of the complaints (23.9%) originate from Kampala and this has been the case even for the previous reporting periods. This is possibly attributed to its central location and the fact that most of the government departments which the public complain about are located in Kampala. Other districts with relatively high number of complaints during this reporting period are Gulu, Mbarara, Jinja, Arua, Soroti and Mbale.
REPORT TO PARLIAMENT 65 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
Table XIV: The Nature of complaints Investigated and completed during the period July – December 2014
Nature of Complaints Number of Complaints %age Corruption Complaints Corruption 139 12.5% Abuse of office 132 11.9% Investigations from Audit reports 72 6.5% Forgery 37 3.3% Embezzlement 36 3.2% Bribery 32 2.9% Misappropriation 32 2.9% False Claims 23 2.1% Conflict of interest 20 1.8% Extortion 6 0.5% Nepotism 2 0.2% Sub Total 531 47.8% Ombudsman Complaints Mismanagement 136 12.2% Nonpayment of salaries and other bene- 88 7.9% fits Delay of service delivery 55 4.9% Victimization 51 4.6% Property Disputes 49 4.4% Tenders & Contracts 44 4.0% others 152 13.7% Sub Total 575 51.7% Leadership code complaints Amassing wealth 5 0.4% Failure to declare 1 0.1% Sub Total 6 0.5% Total 1,112 100.0%
As indicated in the table above, abuse of office/authority and corruption are the highest categories of the complaints investigated and completed by the Inspectorate of Government. During the period July – December 2014 corruption investigations accounted for 12.5% of the total number of complaints investigated and completed while abuse of office accounted for 11.92% of the total number of complaints investigated and completed.
Of the ombudsman’s complaints, mismanagement of public affairs and nonpayment of salaries & other benefits form majority of the complaints that were investigated and completed comprising of 12.2% and 7.9% respectively.
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Table XV:Departments/Institutions complained against during the period July – December 2014 Number of Complaints Kampala Regional Total Com- S/N DEPARTMENT/INSTITUTION % age Hqts Offices plaints 1 District Administration 107 187 294 22.3% 2 Individuals (Public officials) 57 148 205 15.5% 3 Municipal & Town Councils 29 101 130 9.8% Head Teachers (Primary & Second- 4 23 57 80 6.1% ary schools) 5 Uganda Police 26 48 74 5.6% 6 Sub county Administration 3 67 70 5.3% 7 District Service Commissions 12 24 36 2.7% 8 Lands Office 24 6 30 2.3% 9 Ministry of Public Service 15 14 29 2.2% 10 Local Councils 1 25 26 2.0% 11 Magistrate Courts 2 21 23 1.7% 12 Colleges/institutes 16 1 17 1.3% 13 Private companies /Organizations 5 10 15 1.1% 14 Tertiary Institutions 10 4 14 1.1% 15 Hospitals & health centers 8 5 13 1.0% 16 Contract committees 4 7 11 0.8% 17 Judiciary 10 1 11 0.8% 18 Land Board 3 8 11 0.8% 19 UNRA 10 1 11 0.8% 20 KCCA 9 0 9 0.7% 21 NUSAF 4 5 9 0.7% 22 Ministry of Education 8 0 8 0.6% 23 Banks 6 1 7 0.5% 24 Ministry of Energy 7 0 7 0.5% 25 Resident State Attorneys 5 2 7 0.5% 26 UETCL 7 0 7 0.5% 27 Administrator General 6 0 6 0.5% 28 IG 6 0 6 0.5% 29 ISO & UPDF 5 0 5 0.4% 30 Ministry of Agriculture 5 0 5 0.4% 31 NFA 4 1 5 0.4% 32 URA 4 0 4 0.3% 33 District Engineers 0 4 4 0.3% 34 Ministry of finance 4 0 4 0.3% 35 Cooperatives 2 2 4 0.3% 36 National ID Project 0 4 4 0.3% 37 Land Task Force 4 0 4 0.3% 38 Prisons 1 2 3 0.2% 39 CAA 3 0 3 0.2% 40 Public Service Commission 2 1 3 0.2% 41 Health Service Commission 3 0 3 0.2% 42 UWA 2 1 3 0.2% 43 DEOs 0 2 2 0.2%
REPORT TO PARLIAMENT 67 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
Number of Complaints Kampala Regional Total Com- S/N DEPARTMENT/INSTITUTION % age Hqts Offices plaints 44 OPM 2 0 2 0.2% 45 Electoral Commission 0 2 2 0.2% 46 UWEC 2 0 2 0.2% 47 Education Service Commission 2 0 2 0.2% 48 NAADS 1 1 2 0.2% 49 Uganda Railways Corp 2 0 2 0.2% 50 Ministry of Water and Environment 2 0 2 0.2% 51 Ministry of Local Government 2 0 2 0.2% 52 NSSF 1 1 2 0.2% 53 Ministry of Internal Affairs 1 1 2 0.2% 54 President’s office 2 0 2 0.2% 55 Uganda Land Commission 2 0 2 0.2% 56 UMEME 2 0 2 0.2% 57 DPP 1 0 1 0.1% 58 Privatization Unit 1 0 1 0.1% 59 Solicitor General 1 0 1 0.1% 60 UHRC 1 0 1 0.1% 61 National Council of Sports 1 0 1 0.1% 62 Attorney General 1 0 1 0.1% 63 UBC 1 0 1 0.1% 64 Fisheries Department 1 0 1 0.1% 65 Ministry of Tourism 1 0 1 0.1% National Curriculum Development 66 1 0 1 0.1% Center 67 NDA 1 0 1 0.1% 68 UNBS 1 0 1 0.1% 69 parish chiefs 1 0 1 0.1% 70 Church 1 0 1 0.1% 71 Parliamentary Commission 1 0 1 0.1% 72 Embassy 1 0 1 0.1% 73 UMSC 1 0 1 0.1% 74 Ministry of Housing 1 0 1 0.1% 75 Others (e.g audit queries) 1 26 27 2.0% Total 525 795 1,320 100.0%
The table above indicates that the most complaints received by the Inspectorate of Government during the period July – December 2014 were those against District Administrators accounting for 22.3% of the total complaints received. There are several types of corruption that occur in local government. Local governments may be more susceptible to corruption because interactions between private individuals and officials happen at greater levels and with more frequency. For instance there is corruption reported in procurement of contractors to undertake various projects in the districts and forms of corruption pertaining to money such as bribery, extortion, embezzlement, and graft are found in local government systems. There is therefore, the need to strengthen auditing in local governments.
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The second category that was complained against most was that of individual public officials accounting for 15.5% of the total complaints registered. These are public officials who were alleged to have used their offices for private gain in their individual capacities.
The 3rd ranked category was that of Municipal Councils/Town Councils accounting for 9.8% of the total complaints received. The nature of complaints in this category included mishandling of tenders/contracts, conflict of interest, abuse of office, embezzlement and property disputes. Most complaints in this category were registered at the regional offices. Municipalities require more local officials to represent and run the local government. However, with more officials, it is harder to keep tabs on each one and establish a decent administration and monitor their activities. This encourages corruption to occur because there is less likelihood of either getting caught or prosecuted, therefore, more officials become dishonest in their day to day work.
The 4th ranked category was that of School Administration for both primary and secondary schools. Most complaints against school administration involved mismanagement, nonpayment of teachers, victimization/oppression and general misconduct. There is need to demand a commitment to high quality education that’s available to all. For this, we need policy information that’s clear and easy to understand. National, district and school budgets need to be published in detail so that the public can monitor how resources are allocated. Confidential complaint channels are essential to report suspected corruption without fear of retaliation. It’s important to have clear regulations controlling education finance and management. These give guidelines on new schools, exam processes and fees. Regular external audits must take place to detect and deter fraud. And frequent school inspections can prevent corruption in teacher management and behavior.
Uganda Police ranked the 5th accounting for 5.6% of the total complaints registered. The nature of complaints against police included bribery, abuse of office, mismanagement of cases and delay of service delivery. The Uganda Police Force is the most bribery-prone institution in the country because bribery is either demanded or “suggested” from the people seeking service from the police. The Police Standards Unit is doing a commendable job to instill discipline in the police force but they need to be strengthened in order to be more effective.
REPORT TO PARLIAMENT 69 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
APPENDIX STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IGARRESTS ACTIVITIES FOR THE PERIOD JANUARY – JUNE 2014
JULY – DECEMBER 2014 70 REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
TABLE XVI: ARRESTS EFFECTED BETWEEN JULY – DECEMBER 2014
28S/N REFERENCE PARTICULARS OF SUSPECT OFFENCE(S) Ntalazi Francis, Assistant Commissioner, Disobedience of IG 1 HQT/80/10/13 Ministry of Health, Kampala. orders. Findru Alo Moses, Physical Planner, Arua Abuse of Office Corrup- 2 ARU/CF/07/09 Municipal Council. tion. Aliga Franco, former Councilor/Secretary Abuse of Office Corrup- 3 ARU/CF/07/09 Finance, Arua Municipal Council. tion. Okello Ben Christopher, former Principal Disobedience of IG 4 ARU/CF/20/08 Moyo Technical School. orders. Illukol Jobs Lomenen, Ag. Deputy Chief Causing financial loss, 5 MRT/02/10/12 Administrative Officer, Nakapiripirit Dis- neglect of duty and trict Local Government. abuse of office. Causing financial loss, Kocho Mark, Chief Finance Officer, Na- 6 MRT/02/10/12 neglect of duty and kapiripirit District Local Government. abuse of office. Ogobi Lillian, former District Commer- 7 MRT/02/10/12 cial Officer, Nakapiripirit District Local Embezzlement. Government. Kisembo Moses Bahemuka, Ag. Chief Ad- Causing financial loss, 8 MRT/02/10/12 ministrative Officer, Yumbe District Local neglect of duty and Government. abuse of office. Lwome Ronald, Engineer with Uganda Disobedience of IG 9 HQT/27/08/2013 National Roads Authority. Orders. Corruptly soliciting for Nakitende Annet Lyton, Court Clerk, Mu- 10 MKN/2/09/14 and receiving a gratifi- kono Chief Magistrates Court. cation. Corruptly soliciting for Aguti Juliet, Process Server attached to 11 SRT/08/09/2014 and receiving a gratifi- Serere Magistrate Grade II Court. cation. Luwaga Milly, Town Clerk, Njeru Town Causing financial loss 12 HQT/136/7/2012 Council. and Abuse of office. Kitooke Deborah, Treasurer, Njeru Town Causing financial loss 13 HQT/136/7/2012 Council. and Abuse of office. Kulayige Stephen, Accounts Assistant, Causing financial loss 14 HQT/136/7/2012 Njeru Town Council. and Abuse of office. Mawanda George Dunstan, Commercial 15 HQT/136/7/2012 Embezzlement. Officer, Njeru Town Council. Dominic Wewe, Acting District Engineer, Causing financial loss 16 MOY/01/09/2014 Moyo District Local Government. and Abuse of office. Dr. Jimmy Opigo, District Health Officer, Causing financial loss 17 MOY/01/09/2014 Moyo District Local Government. and Abuse of office. Ocuga Francis, State Attorney, Direc- 18 HQT/16/01/2014 torate of Public Prosecutions, Adjumani Abuse of office. Station. Kibege Moses, Office Attendant, DPP’s 19 ACD-C-008/2012 Warrant of Arrest. office Mityana Station.
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28S/N REFERENCE PARTICULARS OF SUSPECT OFFENCE(S) Todi Patrick, Commercial Officer, Katak- Diversion of NUSAF 20 SRT/04/04/13 wi District Local Government. funds. Mbebembeire Mathias Kakoni, Vice Uttering false docu- 21 HQT/26/06/2011 Chairperson LCV, Bushenyi District. ments. Gawaya Andrew, State Attorney, Ibanda Corruptly receiving 22 HQT/23/05/2014 DPP Station. gratification. Diversion and unlawful Hadijah Namutebi, Enrolled Nurse, 23 HQT/74/06/2013 possession of govern- Kawolo Hospital. ment stores. Joseline Asiimwe, former Accounts/Cred- 24 Comp/79/04/2011 it Recovery Assistant, Mandela National Embezzlement. Stadium Ltd. Ogwang Patrick, former Managing Direc- 25 Comp/79/04/2011 Embezzlement. tor, Mandela National Stadium Ltd. Ikotot Francis Oumo, former Finance 26 Comp/79/04/2011 Embezzlement. Manager, Mandela National Stadium Ltd. Riri Dominic Ivudri, Senior Assistant Abuse of office and 27 MOY/08/09/2011 Secretary, Moyo District Local Govern- causing financial loss. ment.
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APPENDIX PROSECUTION CASES
REPORT TO PARLIAMENT 73 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
TABLE XVII: SUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JULY – DECEMBER 2014
COURT OFFENCE REFERENCE S/N NAME OF ACCUSED COMMITTED OUTCOME NUMBER Nsimbe Ismail, LC III Councillor Soliciting and Bwaise IIE and Chairperson Security NAB-CR 1 Receiving Convicted Link Committee Kawempe Division 813/2013 gratification Kampala District. Matega Aquino, Assistant Law Soliciting and 2 Enforcement Officer, Masaka ACD-0098/2012 Receiving Convicted Municipal Council. gratification Erem Oyie Joe, Abuse of office ACD-CSC 3 Former Senior Assistant Town Clerk, and Causing Convicted 76/2013 Lira Central Division. Finacial Loss Soliciting and Dr. Ahiriza Moses, Medical Doctor, ACD-CSC 4 Receiving Convicted Kabale Regional Referral Hospital. 53/2014 gratification Obore George, former LC III Chairperson, Malaba Town Council, Abuse of Tororo, CR- SC Office, Causing 5 Opolot Phillip, Town Clerk, Malabala Convicted 211/2011 Financial Loss, Town Council and Samuel Baker Embezzlement Okallany, Deputy Town Clerk, Malaba Town Council. Causing Nulu Nantume, former Internal Financial Loss 6 ACD 32/2011 Convicted Auditor, Bombo Town Council. and Abuse of office Apiimo Caroline alias Titin Hellen, Personating a Soroti Cr case No 7 Police Constable, attached to Soroti person named Convicted 479/2012 CPS. in a certificate Ndigasara Joseph alias Bakanga Cr Case No FPT- Personating a Muganyizi, 8 00-Co 531 of person named Convicted Head Teacher, 2012 in a certificate Fortportal Osege Erias Emmanuel, Court Clerk, Soliciting and 9 Kaberamaido Magistrate’s Court, ACD 129/2012 Receiving Convicted Kaberamaido District. gratification Bundibugyo Gaffa Deo, Engineering Officer, Uttering a false 10 criminal case No Convicted Bundibugyo Town Council. document 225/2013 Mugenyi Bernard, Office Administrator Giving false 11 for FDC, Masaka Municipality, Masaka ACD-137-2012 Convicted information. District. Causing Akankwasa Damian, former Executive Financial Loss 12 ACD-80/2010 Convicted Director, NFA and others. and Abuse of office Kizza Ruth, seconday school teacher in Kasese Crim Uttering false 13 Convicted kasese. Case 250/2014 documents Christopher Odongo, Advisor, Fraudulent Restoration of Agricultural Livelihoods Cr Appeal No 4 false accounting Conviction upheld 14 in Northern Uganda (RALNUC) Sector of 2014 and causing on appeal support by DANIDA. financial loss. Soliciting Waida Stephen Okuku, COA Cr Appeal Conviction upheld 15 and receiving State Prosecuter City Hall Court. No 250/2011 on appeal gratification
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COURT OFFENCE REFERENCE S/N NAME OF ACCUSED COMMITTED OUTCOME NUMBER Loluk Fidelis Logwe, ACD Cr App No Abuse of Office Conviction upheld 16 Town Clerk 12 of 2014 and Corruption on appeal Kaabong Town Council. Sabila Herbert, former MP, Tingey, Corruptly COA Appeal No. Conviction upheld 17 Sammy Nelson, Treasurer Kapchorwa, offering a bribe 22/2010 on appeal Chelimo Nathan. to an IG officer. Embezzlement, Abuse of COA Criminal office, false Bongomin Richard Akal, District Appellant acquitted 18 Appeal No. accounting, Planner, Pader. by Court of appeal 96/2011 Forgery and Uttering false document. Bernard David Wandera, former Illicit Acquitted on a no 19 ACD No 12/2014 Director Soroti Flying School, Soroti Enrichment case to answer. Corruptly Kibege Moses, Office Attendant in ACD-CSC soliciting for 20 Acquitted DPP’s office, Mityana. 008/2012 and receiving a gratification Causing Akankwasa Damian, former Executive financial loss 21 ACD 79/2011 Acquitted Director, NFA and others. and abuse of office. Fraudulent Christopher Odongo, Advisor, False Restoration of Agricultural Livelihoods ACD-CSC 22 Accounting Case withdrawn in Northern Uganda (RALNUC) Sector 135/2012 and Causing support by DANIDA. Financial Loss Fraudulent Christopher Odongo, Advisor, False Restoration of Agricultural Livelihoods ACD-CSC 23 Accounting Case withdrawn in Northern Uganda (RALNUC) Sector 136/2012 and Causing support by DANIDA. Financial Loss Patricia Ojangole, Victimisation of 24 Chief Executive Officer, Case withdrawn a whisle blower Uganda Development Bank. Akankwasa Damian, former Executive ACD-CSC Causing 25 Case withdrawn Director, NFA and others. 70/2010 Financial Loss Embezzlement Case withdrawn, Chothembo Fred, Clerk Assistant, NEB-CR- 26 and Abuse of accused refunded Zombo District. 0567/2013 Office money Findru Alo Moses,Physical Planner Case and Alinga Franco Abuse of office 27 120/2014 withdrawn,accused Councillor /Secretary Finace, Arua and corruption refunded money Municipal Council. Case Lwanga Joseph, Senior Accounts 28 ACD-11/2013 Embezzlement withdrawn,accused Assistant, Mukono DLG. refunded money Buganda Road Ouma Adea George, former LC V Disobedience of 29 Criminal case No Dismissed Chairperson, Busia. orders of the IG 189/2014 Embezzlement, ACD-CSC Abated. The Byamukama Simon, Forest Ranger, abuse of office 30 12/2012FP/ accused person Kyegegwa District Local Government. and false CC/04/06/11 died. accounting.
REPORT TO PARLIAMENT 75 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
TABLE XVIII: ON-GOING PROSECUTION/PENDING CASES BY THE END OF DECEMBER 2014
COURT REFER- ENCE OFFENCE COMMITTED S/N NAME OF ACCUSED NUMBER Bernard David Wambi Wandera, Ag. Causing financial loss, CR Case No. 1 Director, East African Civil Aviation abuse of office and embez- 114/2012 Academy, Soroti. zlement. Det AIP Bonyo Godfrey, Police Officer Soliciting and receiving 2 attached to Kazo Police Station, ACD 110/2012 gratification. Kiruhura District. Bamwira John Richard, former Embezzlement and false 3 Finance Officer, Kampala Central ACD 138/2011 accounting by a Public Division, Kampala. Officer. Otuya Abraham Abuse of Office, Forgery 4 Ochero Simon, Sub-County NAADS ACD-CSC 078/2013 and uttering false docu- Cordinater and Sub-County Chief. ments. Kisembo Bahemuka and 3 othehrs Causing financial loss, 5 CAO, CFO, D/CAO and Commercial ACD-CSC 127/2014 Abuse of office Embezzle- Officer. ment and Neglect of duty. Jane Mpeirwe, Principal Inspectorate Soliciting and receiving Officer, Inspectorate of Government, 6 ACD-CSC 61/2014 gratification, Abuse of office Arthur Mpeirwe advocate and Kaguta and aiding and abating. former RDC. Turyabahika Sephat, Head Teacher, Abuse of Office and Em- 7 ACD-CSC- 45/2014 Makobore High School. bezzlement. Assimwe Joseline,Ogwang Patrick and Abuse of office, Embezzle- 8 Ikotot Francis, former top managers of ACD-CSC- 172/2014 ment and Neglect of du- Nambole Stadium. ty(new). Tusiime Elias, Fisheries officer, Soliciting and receiving 9 Mugoye Sub-County, Kalangala ACD-CSC- 173/2014 gratification (new). District. Joseph Walugembe, Executive Embezzlement, causing 10 Director, Uganda National Cultural ACD 131/2012 financial loss and abuse of Centre. office. Kafero Edward, Plumber with National Embezzlement and abuse 11 Water and Sewerage Corporation, CSC 187/2011 of office. Kampala. Maliisa Ziphora, Principal Personnel 12 ACD 06/2011 Uttering forged documents Officer, Abim District. Embezzlement, Abuse of Wanyaka Samuel Hauxley, Director 13 ACD-CSC-091/2014 office and false accounting Parliamentary Budget Office. by public officer. Mugisha Fred, State attorney Soliciting and receiving 14 ACD 12/2014 DPP Mityana. gratification. Atai Hellen, Chief Finance Officer Causing Financial loss and 15 Amuria and Dr. Eumu Silver, District ACD-21-2013 Abuse of Office. Health Officer. Bainomugisha John Bosco, NAADS Receiving Gratification 16 Coordinator of Birere Sub-County, ACD-CSC-80/2014 (New) Isingiro. Mutesasira John Drink Water, Abuse of office, Embezzle- 17 Assistant Engineer, Bombo Town ACD-CSC- 13/2011 ment and false accounting Council. by public officer. Karakire Stephen, Grade II Magistrate, CSC 217/2011 Corruptly soliciting and 18 Lyantonde Magistrate’s Court. receiving a gratification.
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COURT REFER- ENCE OFFENCE COMMITTED S/N NAME OF ACCUSED NUMBER Apaga Charles, Police Officer attached Soliciting and receiving 19 ACD-CSC 005/2014 to Kibaale district. gratification. Ocuga Francis, State Attorney, 20 ACD-CSC /2014 Abuse of office. Adjumani Office. Tumusiime Timothy, Volunteer Corruptly soliciting for and 21 National Community Service Programe ACD/CSC/017/2012 receiving a gratification. attached to Mbarara Magistrate Court. Ekungu Simon Peter, Sub-County Corruptly soliciting for and 22 Chief, Ngora Sub-County in Kumi ACD CR CA 19/2011 receiving a gratification. District. Kitsumbire Thembo, member District 23 KAS-00-644/2012 Uttering false documents. PAC, Kasese. Awili Agnes, District Environment 24 CR 0185/12 Uttering false documents. Officer, Abim District. Nalubega Sansa, Town Clerk, Bweyale Causing Financial loss and 25 Town Council and Tegras Mugisa, ACD-017-2013 Abuse of Office. Treasurer Bweyale Town Council. Kizza Ruth, Bwambuha Gideon, Ithunga Eresi, Kizza Jackson and Kasese Crim Case 26 Uttering false documents. Baluku Murangahara Patrick, all 250/2014 seconday school teachers in kasese. Katamba Fred, Senior Assistant Soliciting and receiving 27 Secretary, Mukono District Local ACD-CSC-25/2014 gratification. Government. Anguzu Robert, Planner Arua District Arua Cr Cs Soliciting and receiving 28 Local Government. 213/2013 gratification. Wewe Dominic and Dr. Opigo Jimmy, Causing financial loss and 29 District Engineer and DHO, Moyo ACD 144/2014 abuse of office. district. Luwaga Milly, Kitooke Deborah, Kulaigye Stephen and Mawanda Causing financial loss, 30 Dunstan, Town Clerk, Treasurer, ACD 143/2014 Embezzlement and Abuse Cashier and Senior Commercial of Office. Officer all of Njeru Town Council. Soliciting and receiving Musinguzi Abel, Police Officer. ACD 026/2014 31 gratification. Abuse of office, Uttering Onen George, Records Assistant, ACD 109/2012 forged documents and giv- 32 Amuru Local Government. ing false information. B.D. Wandera, Ag. Director Soroti Embezzlement and abuse ACD-CSC 114/2014 33 Flying School. of office. Neglect of duty, abuse of Atuhairwe James, District Engineer, ACD-CSC 98/2014 office and 34 Kole District. causing finacial loss. Lukubo Benson and PC Odama Personating an official of ACD-CSC 98/2014 35 Edward, Police officer. the IG. Eng. Kitutu Naboya Patrick, District ACD 106/2012 Causing financial loss. 36 Engineer, Manafwa District. Okello Louis P’bur, head Civil Abuse of office and corrup- ACD 121/2012 37 Engineer, Amuru District. tion. Soliciting and receiving Nasembule George, Office Attendant, ACD 0107/2012 gratification and 38 DPP’s office, Nsangi, Wakiso District. impersonation.
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COURT REFER- ENCE OFFENCE COMMITTED S/N NAME OF ACCUSED NUMBER Michael Kakonge, Overseer/ Foreman Embezzlement and False of Jinja Municipal Council, Jinja Local CSC 103/2011 39 Accounting. Government. Wamuzibira Dathan, Municipal Embezzlement and caus- 40 Engineer, Jinja Municipal Council, CSC 105/2011 ing finacial loss, false Jinja District. accounting. Ssemambo Stephen, Director False statements by of- 41 of General Construction and BUG. RD. 762/2011 ficials of companies and Maintenance Company Ltd, Kampala. uttering false documents. Afaro Gilbert, a resident of Seme Obtaining goods by false BUG. RD. CR. CA A, Buhasaba Parish, Buhehe Sub- pretence, uttering false 42 1041/2011 County, Busia documents. Bamulutira Edward, State Attorney, Corruptly soliciting for and CSC 0076/2012 43 Arua DPP’s Office. receiving a gratification. Sagal Simon Lolim, former Vice HCT –ACD- Abuse of office. 44 Chairperson LC V, Nakapiripirit. CSC-0050/2012 Anecho Stephen, Ag. Town Clerk, ACD 125/2012 Abuse of office. 45 Nebbi Town Council. Okoli Richard, CAO Oyam District and Causing financial loss and ACD-36-2013 46 Omara Hudson Acting CFO. abuse of office. Lulu Francis Selle, former Head 47 teacher of Allere Secondary School, ACD-68-2013 Abuse of Office. Moyo District Atai Hellen Doreen, Chief Finance Abuse of office and embez- ACD-06-2013 48 Officer, Amuria and Alioki Richard. zlement. Bukirwa Florence, LCII Secretary, Corruptly soliciting for ACD-025-2013 49 Bukasa Parish, Makindye Division. gratification. Obina Hallan, NUSAF facilitator, CO-OO- Uttering false documents. 50 Nwoya, Amuru District. GUL-171-2013 Otuya Abraham Emmanuel, NAADS Forgery, uttering false Cordinator, Kapedo Sub-County and ACD-078-2013 documents and abuse of 51 Ochero Simon, Acting Sub-County office. Chief, Kapedo Sub-County. Napok Paulus Matembu, Examiner TOR-CR-CO Uttering false documents. 52 Accounts, Manafwa District. 0318/2013 Kalungi Robert, Principle Inspectorate Soliciting and receiving ACD-CSC 19/ 2014 53 Officer, IG gratification. Aziku Gad, Senior Staff Surveyor, Soliciting and receiving ACD-CSC-29/2014 54 Arua District Local Government. gratification. No. 41499 DC Dramadri Johnson, Soliciting and receiving ACD-CSC-85/2014 55 Police Officer attached to CPS Arua. gratification. Mukiza Harrison, Regional Supervisor, Soliciting and receiving Soroti Karamoja region under Allied ACD-CSC-2014 56 gratification. Health Council. Embezzlement, abuse of Epaju Pius, former Town Clerk, Pallisa Cr Case No office and causing finacial 57 current CAO Amuria. 401/2007 loss. 58 Ernest Enzaama, A/CAO Maracha. Cr Case No 41/2014 Offering gratification. Balyebulya Kaija Richard, Bundibugyo 59 Community Development Officer, Cr Case No Uttering false documents. Bundibugyo District. 267/2014
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COURT REFER- ENCE OFFENCE COMMITTED S/N NAME OF ACCUSED NUMBER Evelyn Lanyero and Salwa Sadat, HCCR App 3/2008 Uttering false documents. 60 teachers in Gulu District. Byamukama Simon, Forest Ranger, Kyegegwa District Local ACD-CSC 12/2012 Embezzlement, abuse of Government (died) & Ayesiga 61 FP/CC/04/06/11 office and false accounting. Sulaiman, Senior Accounts Assistant, Kyegegwa District Local Government. Embezzlement, abuse of Saazi George, former Town Treasurer, office and false accounting 62 Njeru Town Council. ACD-CSC-81/2012 by a public official. Rose Ochom, former CAO Kumi, Johnson Opolot, former Assistant CAO, Charles Okalebo, former Kumi case No Abuse of office and causing 63 Principal Accounts Assistant, Amos 412/2007 financial loss. Stanley Omongo, former Internal Auditor. Owona Walter, former CDO, Amuru Forgery and uttering 64 District. GUL 172/2013 forged documents. Uttering false documents Mbebembeire Mathais Kakoni Cr Case No and presenting false doc- 65 LC V Chairperson, Bushenyi. 155/2014 uments to an officer of the IG. Akankwasa Damian, former Executive ACD 69/2010 Illicit enrichment. 66 Director, NFA. Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary, David Ssalango Kanakulya, Head of Finance, Sebunya Herbert, Internal Auditor, Causing financial loss and Suzan Wanume, Senior Assistant BUG-CR-1695-2001 67 Abuse of office. Electoral Officer and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission. Professor Okedi, Chairman Kyambogo Conflict of interest and dis- ACD- 59-2013 68 University Council and 7 others obedience of IG orders. Higenyi Abdul, Personnel Officer, Causing financial loss and ACD-CSC-…2014 69 Mbale. abuse of office. (New) Hamudan Musa, Ag Office Supervisor Soliciting and receiving ACD-CSC-70/2014 70 Mbarara High Court gratification. (New) Sam Songol, Court Clerk/Office Soliciting and receiving ACD-003/13 71 Supervisor, LDC. gratification. Ariko Patrick CPL attached to Soliciting and receiving Criminal Intelligence Investigations ACD -029-2013 gratification and extortion 72 Department, Lia Customs in Arua of money. District. Irumba Mbabali Ancletus, Senior Causing financial loss and Town Engineer, Hoima Municipal CSC 207/2011 73 abuse of office. Council. Corruptly soliciting and Isabirye Samuel CSC 180/2011 receiving gratification.
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TABLE XIX: CRIMINAL APPEALS BY THE END OF DECEMBER 2014 NAME OF OUTCOME OF COURT REFER- OFFENCE COM- S/N NAME OF APPELLANT RESPON- THE PREVIOUS ENCE NUMBER MITTED DENT TRIAL Acquitted in court of first in- stance, Convict- Abuse of office Uganda ed on all counts COA- 1 Bagarukayo Charles and causing (IG) on appeal, he CA-80/2013 Financial loss. appealed against the conviction to court of appeal. Convicted by the Causing finan- David Chandi Jamwa Uganda Trial court, filed Appeal No. cial loss, abuse 2 MD NSSF (IG) appeal in Court 77/2011 of office and of Appeal. embezzlement Christopher Odongo, Ad- Fraudulent visor, Restoration of Ag- False Account- Cr Appeal No Judgement on 3 ricultural Livelihoods in Uganda ing and Caus- 5/2014 notice Northern Uganda (RALNUC) ing Financial Sector support by DANIDA Loss Cr Appeal No Not yet fixed for 4 Labong William Kenneth Uganda 9/2013 hearing Ndigasara Joseph alias Bakanga Muganyizi, former Personating a Not yet fixed for 5 Headteacher of Kitaihuko Uganda FP CSC 531/12 person named hearing Primary School, Kyenjojo in a certificate District. Court of Appeal upheld convic- tion by High Corruptly Court. Convict’s Cheptuke Kaye David, Mag- Ugan- SC- CRA- soliciting and 6 appeal to Su- istrate Grade I, Kisoro da(IG) 01/2013 receiving a preme Court was gratification. heard. Matter awaiting judge- ment Convicted by the trial court, Appeal upheld COA CR Abuse of office Mwanja Charles, Ugan- by High Court. APPEAL NO. and causing 7 District Prisons Command- da(IG) Second appeal 35/2012. financial loss. er-Kasese was heard, matter awaiting judgement. Convicted by tri- al court, convic- Abuse of office tion upheld by COA CRIM Achiga JohnChaiga, District Ugan- and causing 8 High court, ap- APPEAL No. Engineer, Moyo da(IG) financial loss. pellant filed an 295/2010 appeal in Court of appeal. Acquittal of lower court overturned and Embezzlement Adimo Alaba Mark, Head Uganda 9 convicted by the COA 29/12 and abuse of Teacher Kabong S.S.S (IG) High Court. He office. filed a second appeal.
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NAME OF OUTCOME OF COURT REFER- OFFENCE COM- S/N NAME OF APPELLANT RESPON- THE PREVIOUS ENCE NUMBER MITTED DENT TRIAL Abuse of office, causing finan- Gizbui cial loss, em- Sam and CRIM Appeal 10 Uganda Acquittal bezzlement and Mataka 029/2012 false account- Godfrey ing by a public officer. Convicted by trial court, con- viction upheld by Gashenyi John Wycliffe, for- Ugan- COA-CR- 11 High court, ap- abuse of office. mer Town Clerk, Kiboga. da(IG) APP-240-2010 pellant filed an appeal in Court of Appeal. Conviction of Corruptly so- Ndifuna Moses, Magistrate Uganda 12 the lower court SC-CRA- liciting and re- GII, Mbarara. (IG) upheld. ceiving a bribe. Acquitted on Lanyero HCT- GUL –CR Uttering of false 13 Uganda appeal, made a Evelyn App- 2/2012 document. further appeal. Margret Kobusingye and Wanyana, Senior Econo- mist/ Desk officer in charge Convicted by of the Water and Sanitation Ugan- the Trial Court, COA- 14 Abuse of office. Sector with Ministry of Fi- da(IG) appealed to High CR-30-2008 nance, A2 was a Senior As- Court. sistant Engineering Officer with Ministry of Works. Convicted by the Uganda Abuse of office, Chemisto A.M, Sammy Nel- trial court. Ap- COA-CSC- 15 (IG) causing finan- son, Swami Martin pealed to Court 205-2010 cial loss. of Appeal Waidha Acquitted by trial Okuku court, convicted HCT-00- Soliciting and 16 Uganda Stephen by High Court. ACD –CR SC receiving a and an- Accused filed 021/2010 bribe. other. second appeal. Eng. Causing finan- Wanjusi Acquitted by trial cial loss and 17 Uganda CR.481-2006 Fabian, court. convicted for District abuse of office. Eng. P.K. Waiswa, District Causing finan- Acquitted by trial 18 Uganda Engi- CR-482-2006 cial loss and court neer, abuse of office. Iganga District Convicted appealed vide Cr App No Causing finan- Turyamwesiga Vanance, Convicted by Ugan- 13/2008 and cial loss and 19 District Engineer, Kabale trial court vide da(IG) state cross convicted for Local Government. CSC 494/2006 appealed abuse of office. vide Cr App 0041/2008
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NAME OF OUTCOME OF COURT REFER- OFFENCE COM- S/N NAME OF APPELLANT RESPON- THE PREVIOUS ENCE NUMBER MITTED DENT TRIAL Court of Appeal Embezzlement, Ugan- upheld convic- HCT-ACD- causing finan- 20 B. S Okello and others. da(IG) tion by High 008-2010 cial loss and Court. abuse of office. Convicted by trial court, con- Abuse of office Stanley Mugenyi, Principal viction upheld by and corruptly Ugan- 21 Staff Surveyor, Mbarara High court, ap- CR-076-2009 soliciting and da(IG) District Land Office. pellant filed an receiving a appeal in Court gratification. of Appeal. High Court up- Inziku Paul, Aderubo Vin- held the con- Embezzlement, cent, Toko Aleni, former viction by lower ACD App. causing finan- 22 Town Clerk, Arua, former Uganda court, they ap- 31/2011 cial loss and CFO and former Accounts pealed to Court abuse of office. Assistant respectively. of Appeal.
Inziku Paul, Aderubo Vin- High Court up- cent, Toko Aleni held the con- Embezzlement, Former Town Clerk, Arua, viction by lower ACD App. causing finan- 23 Uganda former CFO and former court, they ap- 32/2011 cial loss and Accounts Assistant respec- pealed to Court abuse of office. tively. of Appeal.
Captain Mike Acquitted by Mukula, High Court on Causing finan- former COA- CA-10- 24 Uganda appeal. The state cial loss and Minis- 2013 appealed against abuse of office. ter of the aquittal. State for Health. Conviction of Causing finan- Uganda lower court up- COA CR. Ap- 25 Opolot Johnson and Ojono cial loss and (IG) held, Opolot filed peal 89/2012 abuse of office. a second Appeal. Conviction of Causing finan- Uganda lower court up- COA.CR Ap- 26 Ojono Charles cial loss and (IG) held, Opolot filed peal 90/2012 abuse of office. a second appeal. Conviction of Causing finan- lower court Ampumwize Nad, District Uganda COA cial loss, false 27 upheld by High Planner, Kabale. (IG) 108/2012 accounting and Court, he filed a embezzlement. second appeal. Pending Consti- Nestor Machumbi Gasasira, tutional Court ACD- Illicit enrich- 28 Principal Accountant, Public Uganda ruling on a CSC-183-2006 ment. Service. Constitutional Reference. Convicted by trial court, ac- COA CRIM Nahabo Uttering false 29 Uganda quitted by High Appeal No. Asha documents. Court, we filed a 4/2012 second appeal.
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APPENDIX LITIGATION CASES
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TABLE XX: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JULY – DECEMBER 2014
CASE REFERENCE NO. NAME OF THE PARTIES CAUSE OF ACTION NO. American Procurement Vs 1 SCCA No. 7 of 2014 Yet to be fixed for hearing. AG & IG. Civil Appeal No. 94 of 2 Ouma Adea Vs IGG. Pending a hearing. 2014 Civil Appeal No. 244 Prime Contractors Ltd Vs 3 Yet to be fixed for hearing. of 2013 IG & UNRA. Civil Appeal no. Nestor Gasasira Gachum- Taxation reference yet to be 4 98/2010 bi Vs IG. fixed. Civil Appeal No. 66 of Mutaasa Edirisa & 4 oth- Appeal yet to be fixed for hear- 5 2012 ers Vs IG. ing. Mudonyi Bernard Vs IGG, Ruling was given in favor of IG. Misc. Cause No. 94 of PS Ministry of Education 6 Judicial review application was 2014 and Sports and Ms. Agnes dismissed. Ssebayiga. Misc. Cause No. 33 of 7 Ouma Adea Vs IGG. Application dismissed. 2014 Misc. Cause No. 89 of Specioza Namakula Vs 8 Ongoing. 2011 IGG. Misc. Cause No. 38 of Waiswa Saidi & another 9 Ongoing. 2013 Vs AG & 2 others. Civil Application No. Ouma Adea Vs Inspec- Ruling was delivered in favor of 10 34 of 2014 torate of Government. IG. Application was dismissed. Attorney General Vs Simon Peter Okitoi (Arising out of Misc. Application No. Civil suit No. 20 of 2013) - Application to incorporate a 11 440 of 2014 Simon Peter Okitoi Vs Au- counter claim was allowed. ditor General and Attorney General. Misc. Application No. Inspectorate of Govern- Application for execution was 12 300 of 2014 ment Vs Katamba Fred. allowed.
Gonzaga Phillip & another Misc. Application No. Application was dismissed with 13 Vs Inspectorate of Govern- 07 of 2013 costs. ment & Attorney General.
Application for Notice to show Misc. Application No. Inspectorate of Govern- 14 cause was allowed and order 250 of 2014 ment Vs Richard Masaba. extracted. Misc. Application No. Thomas Mulondo Vs In- 15 Taxation hearing ongoing. 7 of 2009 spectorate of Government. Civil Suit No. 41 of Kaboodha Mtwalib Vs In- Bill of costs was allowed at 16 2012 spectorate of Government. 10m/=. Civil Suit No. 51 of Kaboodha Mtwalib Vs In- Bill of costs was allowed at 17 2012 spectorate of Government. 10m/=. Inspector General of Gov- ernment & Inspectorate Misc. Application No. Ruling to be delivered on 9th 18 of Government Vs AG, 144 of 2014 January 2015. CHONGQING Internation- al and UNRA.
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CASE REFERENCE NO. NAME OF THE PARTIES CAUSE OF ACTION NO. Inspectorate of Govern- Misc. Application No. Application was dismissed with 19 ment Vs UVETISO & 3 536 0f 2014 costs. others. Nassolo Isiat Vs Semba- Misc. Application No. 20 bule DLG & Inspectorate Ongoing. 08 0f 2011 of Government. Obore George Alfred Vs In- Misc. Cause No. 005 21 spectorate of Government Hearing ongoing. of 2013 & AG. Inspectorate of Govern- Civil Application No. Ruling reserved to be delivered 22 ment Vs UVETISO & 3 409 of 2014 on notice. others.
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APPENDIX SOME OF THE LETTERS OF APPRECIATION
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REPORT TO PARLIAMENT 89 JULY – DECEMBER 2014 INSPECTORATE OF GOVERNMENT
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To Promote Good Governance through MISSION OF THE enhancing Accountability, Transparency; INSPECTORATE and Enforcement of the Rule of Law and OF GOVERNMENT Administrative Justice in Public Offices
INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel (General Line): 0414 344 219/259 738 (Hot Line) 0414 347 387 Fax: 0414 344 810 Email: [email protected] Web: www.igg.go.ug
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