an assessment of the legal and institutional mechanisms in fighting corruption
TRANSCRIPT
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
1/53
UGANDA CHRISTIAN UNIVERSITY MUKONO
AN ASSESSMENT OF THE ENFORCEMENT OF THE LEGAL AND INSTITUTIONAL
MECHANISMS TO FIGHT CORRUPTION IN UGANDA:
A CASE STUDY OF THE OFFICE OF THE IGG.
BY
OTEMA CHARLES LWANGA
S08B17/618
A DISSERTATION SUBMITTED TO THE DEPARTMENT OF PUBLIC
ADMINISTRATION AND MANAGEMENT IN PARTIAL FULFILMENT OF THE
AWARD OF THE DEGREE OF BACHELORS OF PUBLIC ADMINISTRATION AND
MANAGEMENT OF UGANDA CHRISTIAN UNIVERSITY MUKONO
MAY 011
i
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
2/53
D!"#$%'(
I would like to dedicate this piece of work to all those who have endeavoured and dedicated their
lives to fight the evil of corruption in Uganda and those who have put priority in fighting
ignorance in this country.
i
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
3/53
A$)('*+!",!-!(&
I Otema Charles Lwanga hereby wish to extend my sincere thanks and appreciation to various
categories of people I do acknowledge for having made me successfully compile this work.
First of all I would like to acknowledge the contribution of !r. Ogeno Charles for his tirelesseffort and constant guidance that he showed to make me come up with this compilation.
Furthermore I would like to acknowledge the contribution of my parents for their constant
support they gave me since right the day I started working on this research proposal.
I would also like to acknowledge the contribution of my supervisor !r. "i#ito !artin for his
constant support and guidance so as to make me come up with a valid research proposal and for
being like a parent to me by giving me very wonderful advice for the betterment of my future.
$hank you very much for sacrificing your time for me so as to make me come up with a standard
proposal.
%esides all I would like to give thanks to the almighty father the king of glory for the courage
strength power blessing talent and the gifts to me during the time of compilation of this
proposal.
D!$+%%'(
I Otema Charles Lwanga declares that this work is solely out of the tireless effort and extensive
research I carried out for the partial fulfilment of the award of the degree of %achelors of &ublic
ii
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
4/53
'dministration and !anagement of Uganda Christian university !ukono and it has never been
submitted by me or by any other person to any University or Institution. 'nybody who therefore
wants to extract this piece of work in part or in full should seek authori#ation from Otema
Charles Lwanga or the administrators of Uganda Christian University.
(ignature....................................................
)ate...........................................................
iii
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
5/53
A'%+
I !*. "I+I$O !'*$I, here by approves that O$-!' C'*L-( L/',0' has attained the
necessary 1ualification to go to the field and collect data for his proposal which has been
designed under the topic 2$he enforcement of the legal and institutional mechanism to fight
corruption in Uganda3 ' case study of the I00 office "ampala.4 and therefore under my
supervision is ready for data collection for the report writing.
'pproved by
,ame5555555555..........
(ignature555555555........
Contact555555555.........
)ate55555555555....
iv
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
6/53
L#& '2 A33!#%'(
AG 'uditor 0eneral
CID Criminal Investigation )epartment
DPP )irector of &ublic &rosecution
IGG Inspector 0eneral of 0overnment
IGP Inspector 0eneral of &olice
PAC &ublic 'ccounts Committee
PSC &ublic (ervice Commission
DEI )irectorate for -thics and Integrity
DPP )irectorate of &ublic &rosecution
4LOS 6ustice Law and Order (ector
ICT Information and Communication $echnology
PPDA &ublic &rocurement and )isposal of &ublic 'ssets 'uthority
LGAC Local 0overnment 'ccounts Committee
TETRA $errestrial $rucked *adio (ystem
CHOGM Common wealth ead of 0overnment !eeting
v
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
7/53
L#& '2 T%3+!
$able 78 Uganda9s corruption rankings in the %ook of Fame and (hame by $ransparency
International.....................................................................................................................7:
$able .;. (ample (i#e.....................................................................................................................7 *esearch Duestions.................................................................................................3
7. (tatement of the &roblem..........................................................................................4
7.= 6ustification of the (tudy..........................................................................................5
7.< $he (cope of the (tudy............................................................................................6
7.? (ignificance of the (tudy..........................................................................................6
7.@ Limitation of the (tudy............................................................................................8
CHAPTER TWO.........................................................................................9
LITERATURE REVIEW................................................................................9
;.: Introduction.......................................................................................................... 9
CHAPTER THREE.....................................................................................15
RESEARCH METHODOLOGY......................................................................15
>.: *esearch )esign..................................................................................................15
>.7 'rea of the (tudy.................................................................................................15
viii
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
10/53
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
11/53
=. Findings on the -ffectiveness of the office of the I00 in fighting corruption........................31
=.= *esponses on /hether $here /as a )ecrease in the ,umber of Corruption *elated Issues after
the -stablishment of the Office of the I00.................................................................32
=.< *ecommendations................................................................................................32
=.? Conclusion......................................................................................................... 34
BIBLOGRAPHY........................................................................................35
'ppendices.................................................................................................................. 36
'ppendix One............................................................................................................... 36
'ppendix ;.................................................................................................................. 40
'ppendix $hree.............................................................................................................41
A3&%$&One of the main reasons the ,ational *esistance !ovementE 'rmy started a guerrilla movement
which subse1uently over threw the socalled 2bad4 government of the day in 7A@
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
12/53
promotion of the rule of law and of good governance and explores the main challenges
frustrating the Inspectorate in achieving this goal. $his is done by analysing the mandate of the
I00 and identifying the obligations of the 0overnment and other actors in the fight against
corruption.
$his study was carried out at the office of the I00 with consultations of some officials in &'C
and L0'C of parliament since they were deemed to have valuable information concerning this
research. ' sample si#e of >= respondents was chosen by the researcher. %oth primary and
secondary data was used for this study. $he study reveals that though the I00 has a crucial role
to play in the fight against corruption it has many loopholes that have led to its ineffectiveness.
xi
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
13/53
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
14/53
Corruption reduces the country9s 0)& by :.=J as asserted by the International !onetary Fund.
Corruption in Uganda has become the order of the day in that the top government officials has
turned taxpayer9s money to be their personal things in that they even use at any time they want
without minding about the maBority poor. $o this the )utch government has withheld -uros
>.;m Gabout Uganda shilling 7:.7billionH in budgetary support over government9s failure to
punish the officials who were implicated in the mismanagement of the CO0! funds which
was mismanaged by mostly the top government officials including the Kice &resident but no
action up to now has been carried either by the I00 or the anticorruption court because they
seem to be too timid to handle the case.
$here are basically two types of corruption namely political versus bureaucratic corruption.
&olitical corruption refers to the to a situation where political decision makers use their political
powers to dictate upon the maBority members in order to achieve their own personal motives for
their personal gains on behalf of the general public.
%ureaucratic corruption on the other hand refers to the type of corruption that takes place in
public administration and it is sometimes referred to as 2&etty corruption4. $his is where there
are very long procedures to be followed for someone to achieve a particular service and ends up
bribing the concerned service providers so as to cut short the process.
Corruption manifests in so many forms such as bribery embe##lement fraud extortion and
favouritism. Corruption is driven mainly by factors such as3 too much greed weak accounting
systems weak monitoring and functioning institution lack of political will public attitudes such
as ignorance moral decay in public service ineffective political leadership and accountability
and limited capacity of anticorruption agencies and the Budicial system among others. G,ational
(trategy to fight Corruption ;::A8 &g
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
15/53
Corruption further leads to ethical loss in a way that when it is endemic there is the danger that
the young generation may emulate the corrupt practices thinking that it9s a norm hence its danger
G-ngu#i -tuta pg of the 7AA= Constitution of the *epublic of Uganda to fight
corruption.
$his is where the statement of the problem should be located stating clearly a problem that has
been detected in terms of its nature and magnitude and the urgent need to deal with itM
1. O3!$! '2 &! S&5"9
1..1 G!(!%+ O3!$!
$he general obBective of the study is to explore the effectiveness of the office of the I00 in
enforcing the legal and institutional mechanisms in fighting corruption in Uganda.
1.. S!$#2#$ O3!$!
$he specific obBectives of the study are8
$o find out the causes of the persistent incidence of corruption in Uganda.
$o establish the roles and functions of the office of the I00.
$o review and analy#e the effectiveness of the office of the I00 in using the legal and
institutional frame work in Uganda as a way of combating corruption. choose either review
or analyse but not both
$o find out the challenges faced by the office of the I00 in combating corruption in Uganda.
$o establish the failures and achievements of the office of the I00 in combating corruption
in Uganda. similar to obBective > of review or analyse
$o suggest recommendations that may be used so as to enhance the ability of the I00 in
tackling corruption in Uganda.
Nou need at least four obBectives on roles strategies persistency and recommendations.
3
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
16/53
1.; R!!%$
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
17/53
of Conduct3 investigating any act omission advice decision or recommendation by a public
officer or any other authority to which this article applies taken made given or done in exercise
for administrative functions3 and stimulating public awareness about the values of
constitutionalism in general and the activities of the office in particular through any media and
other means it considers appropriate. Other institutions mandated with this responsibility
includes the )irector of -thics and Integrity G)-IH the )irectorate of &ublic &rosecution G)&&H
the Criminal Investigation )epartment of police GCI)H the 'uditor 0eneral G'0H the &ublic
&rocurement and )isposal of &ublic 'sset G&&)&'H and the &ublic 'ccounts Committee of
parliament G&'CH.
$he constitution advocates for the need to fight corruption and to preserve public property and
make public servants answerable to the people of Uganda. It is in this regard that it recogni#es
and reaffirms the various agencies that fight corruption in Uganda as well as their respective
duties under the law. $he institutions created under the prevention of Corruption 'ct the
Leadership Code and the I00 (tatute are given special powers of arrest sei#ure search and can
compel the attendance of witnesses in addition to inspecting peoples9 bank accounts. $he I00
has been given powers to prosecute case while a public servant under the prevention of
Corruption 'ct has power to arrest any person who offers him a bribe. $he powers of the I00
are however limited in as far as investigating matters considered by the president to be
preBudicial to the security defence or the public relations of Uganda or to be confidential and
disclosure of which would inBure public interests is concerned hence its inade1uacies. $his study
was therefore meant to bring to light some of the options to be taken up by the office of the I00
for effective eradication of corruption by doing things such as continuous law reform to cater for
new changes capacity building logistical support better remuneration and increase funding of
the I009s regional offices among others.
1.? 45#$%'( '2 &! S&5"9$his study was be of a remarkable importance since it was expose to light the weaknesses of all
the 2over seers4 of the corruption issues in Uganda or the anticorruption bodies. It was further
create awareness of the roles of the different bodies concerned with fighting corruption. $he
different institutions and the laws put in place to check corruption since the 7A@< corruption
slogan of 2#ero tolerance on corruptionP have proven not to be so effective given the fact that
5
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
18/53
cases of corruption still surfaces and it is on an increase. $his study therefore is to find out the
challenges problems and suggest a suitable solution to help put the 2evil4 of corruption to halt.
1.6 T! S$'! '2 &! S&5"9
$he study was be focus on the office of the I00 6ubilee Insurance Centre plot 7 &arliament
'venue "ampala since they have been given the mandate under article ;>: of the 7AA=
Constitution of Uganda and (ection 7G=H to investigate cause investigation arrest cause arrest
prosecute or cause prosecution in respect of cases involving corruption abuse of authority or
public office to mention but a few. $he study was be conducted in GH four different departments
of the I00 that is the department the )irectorate of Operations which is responsible for ensuring
accountability and transparency in public offices through investigation of corruption and
enforcement of the law the department of the )irectorate of Legal 'ffairs which is responsible
for ensuring that the inspectorate of government executes its functions and exercises its powers
in accordance with law by rendering legal advice to Inspectorate of 0overnment the department
of the )irectorate of -ducation and &revention of corruption which is responsible for stimulating
public awareness about the values of constitutionalism and the activities of the I00 through
workshopsEseminars articles in the print media and other means the I00 considers appropriate
and then the department of the )irectorate of Leader Code which is responsible for ensuring that
accountability among leaders in public institutions as specified in the Leadership Code 'ct are
adhered to through ensuring that leaders declare their incomes assets and liabilities. $he study
was cover a period of approximately > weeks to complete my research at the I009s office that
is from 7st'prill to ;7stQ'pril ;:77.
1.7 S#,(#2#$%($! '2 &! S&5"9
aving seen the devastating effects of corruption it is therefore the responsibility of every
citi#en to eradicate completely the 2evil4 of corruption by uprooting it totally out of Uganda so
that we also go far in terms of development and ac1uisition of the basic necessities which had
been marred by corruption. $his research therefore was also bring about public awareness of the
roles of the legal and institutional frame work in fighting corruption and it was bring to light that
6
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
19/53
it is the responsibility of every citi#en of Uganda to fight corruption despite the existence of the
legal and institutional mechanisms put in place to fight corruption.
,ote3 $he above entire first chapter should be in past tense clearly explaining what the researcher
didMMMM
$he arrows from factors to institutions should not be to and from in both directions
$he intervening arrow of institutions should come after corruption and its effects and then show
the resultant outcomes of in form of impacts of good governance
$oo much greed low payments of the implementers of the anticorruption policy and poorimplementation of the anticorruption policy and existence of weak institutions leads to the
existence of corruption.
7
0reed
Low payments
/eak institution
Poor enforcement
of policy
Corruption
Under development
&overty
&oor health service'dd
more
Poor service
provision
igh mortality rate
Unemployment
Increased economic gap
War/ civil strife
Institutions
such as '0
I009 &'C
)-I 6LO(
&&)' I0&
and )&&
F#,5! 1: C'($!&5%+ F%-!*')
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
20/53
Corruption therefore leads to under development massive poverty eruption due to swindled
money poor health service provision due to lack of drugs and ill e1uipment of the hospitals and
health centres and poor service provision.
$he above further leads to high mortality rate due to lack of drugs in the hospitals and ill
e1uipment of the health centres unemployment brought about due to under development high
increase in economic gap between the corrupt officials and the un corrupt people and also
emergence of civil war due to unpopularity of the government in power for example L*'9s
reason for civil war was corrupt tendency of ,*! government among other reasons.
$he establishment of the institutions such as '0 &'C )-I 6LO( &&)' I0& and )&& among
others helps in corruption eradication but however too much greed low payments of the
implementers of the anticorruption policy and poor implementation of the anticorruption
within the established institutions has led to the manifestation of corruption within these
established intuitions hence leading to corruption.
1.8 L#-#&%'( '2 &! S&5"9
Limited resources the resources at hand of the researcher seem not to be enough.
$he researcher looks at resources from different perspectives which may include8
aH Financial resource the study re1uires enough money to meet the needs for conducting the
study3 in most cases the researcher has limited resources GmoneyH since he is a dependant.
bH $ime 3 the researcher considers time as the most valuable resources he may not have enough
time for data collection since he was be expected to do other duties such as doing course
works assignments tests and attending lectures.
cH uman resource3 conducting the study alone is tiresome since he needs to over work himself
to enable him get data.
dH $ransport problem3 the researcher has no clear means of transport this means he is state that
the reserchergoing to use %oda bodas $axi or other means in which it is expensive to him.
8
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
21/53
eH Limited interaction with the I00 officials in that they may seem to be so busy with limited
attention to the researcher which may be difficult to get all the relevant diseases.
0iven all the limitations above however the researcher intends to deal with the limitation by
soliciting for funds from different people and making constant arrangements with the
different directors of the different directorate I was carry out my research in. I was further
budget my time effectively to make sure that I utili#e it well.
Indicate the limitations in a paragraph and explain without necessarily outlining
CHAPTER TWO
LITERATURE REVIEW
.0 I(&'"5$'(
(everal studies have been made by so many scholars on corruption issues especially on finding
out the validity of the implementation of the legal and institutional mechanisms towards wiping
out off corruption completely.
9
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
22/53
$he literature reviewed below therefore focuses mainly on measuring to what extent has the
enforcement of the legal and the institutional mechanisms led to the fighting of corruption in
Uganda with main focus on the office of the I00.
$here are several institutions and bodies that are established under the national and legal frame
work to monitor and combat corruption. $he maBor approaches that are employed by those
various institutions include policy making and proactive ways of monitoring for example
through oversight functions which involves verifications of declaration of wealth or audit or
combating which involves investigations arrests and searches as well as criminal prosecutions.
'mong other institutions mandated with the above authority are the &arliament the office of the
I00 )-I the office of the '.0 and the CI) among others. On the other hand however the legal
mechanisms put in place include the leadership code of 'ct the 'ccess to information 'ct and
the Local 0overnment 'ct among others. G$ackling corruption8 pg.7:H
'ccording to the Utstein'ntiCorruption *esource Centre corruption is a phenomenon that is
manyfaceted. It is diverse and complex in terms of actors profiteers causes and conse1uences.
Corruption has various definitions and conceptuali#ation and the phrase 2corrupt4 is very wide
and is capable of engulfing a wide range of disapproved behaviour or conduct. 'ccording to the
(ocial science -ncyclopaedia corruption is the 2misuse of public powers for private profit4
'ccording to Utstein 'ntiCorruption *esource Centre there exist two typologies of corruption
namely3 %ureaucratic and political corruption controlled and uncontrolled corruption. /orth
mentioning also are the forms of corruption and their manifestations which include bribery
embe##lement fraud extortion and favouritism.
)espite the existence of the I00 the current state of corruption in Uganda is alarming and it is
one of the evils facing our society which depicts the rampant moral decay in the society and it is
one of the maBor factors responsible for its economic and social degradation and retardation.
)espite all the various laws and the institutions put in place to curb corruption Uganda
according to the $ransparency International ranking in the last 7> years have been ranked the
most corrupt country in the world without a score above three from 7AA
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
23/53
T%3+! 1: U,%("%@ $'5'( %()#(, #( &! B'') '2 F%-! %(" S%-! 39 T%(%!($9
I(&!(%'(%+
Y!% U,%("%@ $'! '5& '2 10 U,%("%@ '#'( N5-3! '2
$'5(! 5!9!"
7AA< ;.? > =
7AA@ ;.< ?> @=
7AAA ;.; @? AA
;::: ;.> @: A:
;::7 7.A @@ A7
;::; ;.7 A> 7:;
;::> ;.; 77> 7>>
;:: ;.< 7:; 7=
;::= ;.= 77? 7=@
;::< ;.? 7:= 7
;::? ;.@ 777 7@:
;::@ ;.< 7;< 7@:
;::A ;.= 7>: 7@:: million since ;::=. e added that ?:J of
11
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
24/53
government contracts were not awarded according to the established procedures while half of the
national budget is spent on procurement deals GU -xpert 'nswer ;::AH
'nother most notorious area related to the above is that concerned with the procurement of
military e1uipment and defence supplies. In the case of ,*! 0overnment in power since the
late 7AA:s when the government began ac1uiring more and larger military hardware mainly
through third parties that the buying of arms became so seriously tainted with corruption despite
of its G,*!H slogan of 2#ero tolerance on corruption4.
' number of maBor tenders were entered in to for example aircraft guns and tanks as well as
items such as food rations and uniforms. $hese deals invariably involved bribes commonly
referred to as 2kick backs4 and also massive over payments from which many officers top
government officials and middle men profited G$angeri and !wenda &g. =A>H
$op !ilitary commanders have had a history of using war situations for private gain. /hile in
charge of operations against the L*' rebels in the ,orth !aBor 0eneral (alim (aleh is alleged
to have awarded his own company Ushs :: million in !onthly tenders to supply U&)F with
commodities in 0ulu.
'ccording to the I00 report 6uly)ecember ;::; the I009s office was handling about
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
25/53
?; [email protected] !unicipal CouncilsE $own Councils had
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
26/53
-uropean Union9s affairs and international cooperation had approved as budget support for the
6ustice Law and Order sector G6LO(H. $his is enough to testify how ineffective the I00 is
because of its failure to take any action on this named officials who were involved in scandal of
the mismanagement of the CO0! money and to this point the )utch government has taken it
upon them to do what the I00 would have done since it has failed to take any serious action.
$his therefore clearly shows the ineffectiveness of the I00 when it comes to tackling corruption
issues.
aving looked at all the different reports of the I00 one can rightfully assert that the report has
become almost a 2song4 in that the report is all the time the same and one wonders what
measures is being taken or it is Bust a matter of publication of the report without taking any
action. Furthermore the cases can take 2ages4 to tackled due to unnecessary delays hence
making one to doubt the credibility of the this institution mandated to stamp out corruption.
I00 is faced with one of the weakness of lack of autonomy in exercising its duties that is why
cases on government officials are unnecessarily delayed or are dropped abruptly simply because
it is subBect to the whim of the executives. $he top officers of the I00 are for instance appointed
by the president which means they can be dismissed by him at was and it is to this that the I00
2dances4 according to the tunes of the president because of the fear of being sacked hence failing
to carry out its mandated role effectively and efficiently.
It9s in the above background that the researcher has been attracted to find out the progress of the
I00 in stamping out corruption in Uganda and give out some of the solutions according to the
findings.
14
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
27/53
CHAPTER THREE
RESEARCH METHODOLOGY
;.0 R!!%$ D!#,(
$he researcher mostly based his study within the office of the I00 "ampala with consultations
of some of the chairpersons of &'C and L0'C of parliament since they were deemed to have
valuable information concerning this research.
Clearly state the research design showing that you will take ie a case study of the I00 office
and surveys will be used in data collection and the adoption of 1uantitative and 1ualitative
methods and Bustifications
;.1 A!% '2 &! S&5"9
$he study was carried out in the office of the I00 6ubilee Insurance Center plot 7 &arliament
'venue "ampala since they have been given the mandate under article ;>: of the 7AA=
Constitution of Uganda and (ection 7G=H to investigate cause investigation arrest cause arrest
prosecute or cause prosecution in respect of cases involving corruption abuse of authority or
15
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
28/53
public office to mention but a few. $he study was conducted in GH four different departments of
the I00 that is the department of the )irectorate of Operations department of the )irectorate of
legal affairs the department of the )irectorate of -ducation and &revention of corruption and
the department of the )irectorate of Leader Code.
;. S%-+! S#! S!+!$'(
$he researcher interviewed >= respondents as sample in relation to the research as shown in
table ; below8
T%3+!.. S%-+! S#!
CATEGORY DEPARTMENTS
NO. OFRESPONDENTS
I00 office
)irectorate of Operations =
)irectorate of legal affairs =
)irectorate of education and prevention of corruption =
)irectorate of Leadership code =
&'*LI'!-,$
&'C
L0'C
O$-*(
OFFIC- OF $- '0 >
)-I
TOTAL ;?
16
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
29/53
;.; D%&% C'++!$'(
$he researcher employed both primary and secondary data collection.
&rimary data is data the researcher attained through methods like personal interviews and1uestionnaires.(econdary data is the data which has already been published or even unpublished but not
specifically gathered for the research at hand. In other words it is data which has already been
collected by someone.
;.= M!&'" U!" 2' D%&% C'++!$'(
$hese are the ways or methods through which the researcher got the information needed in
relation to the topic being researched on and they included the following8
;.=.1 K!9 I(2'-%(& I(&!#!*
$hese are informal interviews directed toward the knowledgeable people about the problem in
1uestion. $he respondents may not necessarily be going through the problem3 however they
could be with the sufficient knowledge relevant to the study.$his approach helped in revealing the inside information and new ideas relevant to the study.
;.=. P!'(%+ I(&!#!*
ere the researcher moved with the interview guide read and interpret the 1uestion to the
respondents then the respondents answered while the researcher noted down the responses. $he
researcher used this method to collect data from respondents by asking 1uestions in a face to face
situation. $his method was appropriate because it gave respondents the freedom to give personal
information that when they are in group they cannot give easily because of fear.
;.=.;
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
30/53
individuals and collected afterwards thus getting lots of information within a short period of time
and from various sources.
;.? D%&% A(%+9#
In the field data was collected using both 1ualitative and 1uantitative methods.)ata analysis was carried out after the researcher collected compiled and classified the
information got. $his involved > stages and these include3
;.?.1 E"#(,
$his was done to check the answered 1uestions to ensure completeness consistency and
accuracy. $his was done both in the field and at home. $he researcher did this so as to correct
any mistakes that may have been made.
;.?. C'"#(,
$his was done as the process of giving a category to every answer so as to bring out their
essential pattern. $he researcher coded the work with letters for easy identification of the
different issues involved.
;.?.; T%35+%(,$his was the last stage of data processing which was done after editing and coding.$he data was put in tables according to their fre1uencies and codes. $he researcher also used
graphs in the analysis of the data.
18
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
31/53
CHAPTER FOUR
PRESENTATION OF RESULTS
=.1 I(&'"5$'(In this section the results of the empirical analysis are reported and presented. $he presentation
proceeds with an analysis of the descriptive statistics on the variables under consideration.
=. R!5+& '2 &! B#',%#$%+ D%&%
$he results of the biographical data include age gender educational 1ualification and incomes
earned.
's regards to age Figure ; below shows that the maBority of respondents in the sample G=J n
R 7AH are between the ages of ;= and >=years. $his category is followed by the age group >< to
H are between the ages of
? and =? years. Only
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
32/53
Figure > below indicates the gender distribution of the sample of respondents of this study. 's
can be seen from the figure the maBority of the sample Gn R ;
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
33/53
Figure = below shows a graphical representation of respondents according to income earned. $he
figure shows that a maBority of the respondents >J or nR G7=H earn between Ugx =::::: to
7=:::::. $his is followed by ;=::::: are 7?J or nR G:H. Only ;J or nR G>;H whereas7@J
Gor nR>:H responses attributed the cause of corruption as being the incidence of poverty and
increased costs of living.7=J or GnR;=H regarded lack of motivation of workers as a cause of
corruption in Uganda. Other factors that were noted included impunity which accounted for 77 J
21
Source: Primary ata
F#,5! : G%#$%+ R!!!(&%'( '2 R!'("!(& A$$'"#(, &' I($'-! E%(!"
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
34/53
or nR G7@H of all the responses indiscipline of poorly paid civil servants which accounted for
7:J or nR G7=
&overty and Increased Costs of Living >:
Lack of !otivation of /orkers ;=
Indiscipline of &oorly &aid Civil (ervants 7;
T'&%+ N5-3! O2 R!'(! 166
22
Source: Primary ata
Source: Primary ata
F#,5! ;: G%#$%+ R!!!(&%'( '2 R!'(! '( C%5! '2 C'5'(
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
35/53
=.= P!$!'( '2 &! R!'("!(& '( &! F5($'( '2 &! IGG
$able < and figure ? below show the distribution of responses as regards to the functions of the
I00. Of the 7=> responses about the functions of the I00 ;>J or GnR>=H of the responses from
the respondents was the fight against corruption enforcement of the leadership code and
promoting the rule of law accounted for ;:J or GnR>7H of the responses. 'cting as the national
ombudsman accounted for 7AJ or GnR;AH responses whereas eliminating abuse of office
accounted for 7@J or GnR;?H of the responses.
T%3+! =: P!$!'( '2 &! R!'("!(& '( &! F5($'( '2 &! IGG
R!'(! N5-3! '2 !'(!
&romote the *ule of Law >7
Fight Corruption >=
-liminate 'buse of Office ;?
,ational Ombudsman ;A
-nforcer of the Leadership Code >7
T'&%+ (5-3! '2 !'(! 1?;
23
Source: Primary ata
Source: Primary ata
F#,5! 7: G%#$%+ !!!(&%'( '2 R!'(! '( &! F5($'( '2 &! IGG
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
36/53
=.? P!$!'( '2 R!'("!(& '( W!&! &! IGG I E22!$! I( C'-3%(,
C'5'(
On whether the I00 is effective in combating corruption @AJ or nR G>7H responses given by the
respondents said the office of the I00 is ineffective in its role of combating corruption. 77J or
nR GH of the responses on the other hand said the I00 is ineffective in combating corruption as
shown in figure @ below8
=.6 R!%'( 2' &! I(!22!$!(! '2 &! IGG I( C'-3%(, C'5'(
of all the 7@< responses given by the respondents on the reasons for the ineffectiveness of the
I00 in combating corruption lack of political will to assist the office of the I00 in its activities
accounted for 7AJ or nR G>=H Institutional Challenges accounted for 7@J or nRG>H &olitical
Interference into the activities of the I00 accounted for 7?J or nRG>;H Conflicts /ith Other
0overnment Institutions accounted for 7?J or nRG>7H &oor -thical and !oral (tandards
accounted for Laxity In Implementing Inspectorate *ecommendations as shown in table ? and
figure A.
24
Source: primary !ata
F#,5! 8: P!$!'( '2 R!'("!(& '( &! E22!$!(! '2 &! IGG I( C'-3%(, C'5'(
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
37/53
T%3+! ?: R!%'( 2' &! I(!22!$!(! '2 &! IGG I( C'-3%(, C'5'(
R!%'( G#!( F!5!($9
Lack of &olitical /as to assist the I00 in its activities >=
&olitical Interference into the activities of the I00 >;
Conflicts /ith Other 0overnment Institutions >7
Laxity In Implementing Inspectorate *ecommendations ;:
T'&%+ N5-3! O2 R!'(! 7>>
=. A$#!!-!(& M%"! T'5, &! E&%3+#-!(& '2 &! O22#$! '2 &! IGG
$he respondents were also asked to state whether are any achievements made through the
establishment of the office of the I00. Of the A? responses given (uccessful &rosecution of(ome Corrupt Officials accounted for >=J or nRG>H Limited %ribery $hroughout $he Country
accounted for >>J of the responses whereas the recovery of some public funds from some
corrupt officials accounted for >;J or nRG>7H as shown in table .A and figure 7; below8
27
Source: primary !ata
Source: primary !ata
F#,5! =: G%#$%+ R!!!(&%'( 2' &! F%#+5! #( &! D!$!%! '2 C'5'( C%!
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
40/53
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
41/53
CHAPTER FIVE
SUMMARY DISCUSSION OF FINDINGS RECOMMENDATIONS AND
CONCLUSIONS
?.0 S5--%9
$his study has demonstrated that though the legal and institutional mechanism in the country
gives the I00 a wide mandate in the fight against corruption the findings of this study reveal
that little has been achieved by the office of the I00 since its inception because of various
political social and economic factors.
?.1 D#$5#'( '2 &! F#("#(,
' maBority of the respondents were between the ages of ;>=. $his is a young age group that has
fresh and constructive ideas and was therefore reliable in answering the 1uestions of this survey
reasonably. $he other age groups that were also represented in the study included those who are
between >
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
42/53
obvious.4'ccording to this respondent the continued failure to remove such people undermines
public confidence in the leadership9s commitment to deal with the issue of corruption.
P'!&9 %(" I($!%!" C'& '2 L##(,:'nother factor that was talked about in most of the
responses was the incidence of &overty and Increased Costs of Living as a precipitator of
corruption in Uganda. One respondent said that 2with inflation on the increase every day
salaries do not however increase and most public servants do anything at all costs to maintain
their lifestyles including engaging in unscrupulous activities like corruption4
L%$) '2 M'%'( '2 W')!8 $his factor which is related to poverty was also mentioned as a
casual factor of corruption. 'ccording to the respondents most workers work hard in their
assignments but are barely motivated hence luring them to participate in corrupt acts.
I("#$#+#(! '2 P''+9 P%#" C##+ S!%(&:most of the responses attributed the incidence of
corruption to Indiscipline of &oorly &aid Civil (ervants. $he respondents attributed this to a lack
of culture of ethics from most of the civil servants who seek to avenge their poor pay by
swindling public funds.
S'$#%+ C5+&5%+ B%$),'5(" F%$&':*esponses also attributed the incidence of corruption to
social cultural background factors. One respondent said that 2Uganda has not had a good history
of adherence to the precepts of the rule of law and human rights since independence in 7A
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
43/53
L#-#&!" C%%$#&9 '2 C'5'( F#,(, I(&5'(: *esponses which attributed the
continued persistence of corruption to limited capacity of corruption fighting institutions like the
office of the I00 and the office of the auditor general were also given. !ost of the issues cited
here by the respondents included inade1uate skilled staff and financial resources to tackle the
vice.
?.; F#("#(, '( &! R'+! '2 &! IGG
$he respondents mentioned the promotion of the rule of law fighting corruption eliminating the
abuse of office acting as the national ombudsman and enforcing the leadership code. $hese
responses are also echoed in the institutional and legal frame work of Uganda which caters for
the formation of the Inspectorate of 0overnment mandated by the 7AA= Constitution and the
Inspectorate of 0overnment 'ct ;::; to with the roles of inter alia 2fight corruption 5to
eliminate and foster the elimination of corruption abuse of authority and of office4 and 2to
promote fair efficient and good governance in public office.4
?.= F#("#(, '( &! E22!$!(! '2 &! '22#$! '2 &! IGG #( 2#,(, $'5'(
/hen asked whether the office of the I00 is effective in combating corruption @A J of the
respondents said that the office of the I00 is ineffective in the fight against corruption. /hen
they were asked for the reasons as to why the I00 is inefficient in fighting corruption most of
the response were as follows8
Lack of political will to assist the I00 in its activities political interference into the activities of
the I00 conflicts between the I00 with other government institutions laxity in implementing
inspectorate recommendations poor ethical and moral standards institutional challenges. One
respondent said that 2the noticeable proliferation of institutions that have been established to
fight corruption has instead caused a lot of conflict between themselves.4
?.? R!'(! '( W!&! T!! W% % D!$!%! #( &! N5-3! '2 C'5'( R!+%&!"
I5! %2&! &! E&%3+#-!(& '2 &! O22#$! '2 &! IGG
!ost of the respondents said that there was no significant reduction in the number of corruption
related issues after the establishment of the office of the I00. $hey attributed this to a number of31
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
44/53
factors which included the Laxity of &arliament to implement recommendations made by the
I00 challenges of legal Interpretation of many cases brought to the I00 lack of ade1uate
training facilities to train more staff in corruption related issues the clever methods used by the
perpetrators of corruption and also very inade1uate financial resources given to the office of the
I00 by the government.
$hese reasons are an indicator of the serious lack of support from the government. owever the
respondents acknowledged the fact that the office of the I00 had also made some achievements
after its introduction. $hese achievements included successful prosecution of some corrupt
officials limited bribery throughout the country and some public funds have been recovered
from corrupt officials by the office of the I00. It should however be noted that the responses on
whether the I00 has any achievements were very few implying that the office has achieved little
so far.
?.6 R!$'--!("%'(
$his study has found out that one of the challenges faced by the office of the I00 is lack of
political will in assisting the I00 in the execution of its duties. $he researcher therefore
recommends that !embers of &arliament should not hesitate to assist the office of the I00 by
giving priority in amending the laws that are aimed at fighting corruption. $he I00 should also
improve its working relationships with the rest of the government and other ministries and
institutions so that it can get as much support as possible in the fight against corruption. !ore
diplomatic approach aimed at establishing better working relationships between the I00 and
other institutions should be encouraged as much as possible.
$his study has also revealed that the I00 has very many roles to play of /orking as an
Ombudsman and enforcer of the Leadership code in addition to the daunting task of fighting
corruption. $he researcher feels that this is too much work and is bound to have serious lapses in
light of the fact that the Inspectorate is overwhelmed with a lot of work but having insufficient
funding and resources. $he researcher therefore recommends that the mandate of the Inspectorate
should be split up and some roles taken up by other agencies in order to have more efficient
results.
32
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
45/53
$his study also reveals that the I00 is ill facilitated in the execution of its duties hence making it
ineffective. $he researcher therefore recommends that the I00 should be given facilitation to
train its staff purchase more vehicles computers and other hitech e1uipment to enable it meet
the sophisticated challenges of cyberbased corruption practices. $here is also need to lobby for
more specialist and financial support from our donor partners to help the I00 to do more about
corruption.
$his study revealed that corruption is caused by factors like lack of ethics social cultural
backgrounds that precipitate corruption and indiscipline from government workers. $he
researcher therefore recommends that Church leaders and religious leaders should be encouraged
to preach against corrupt practices and civil society should support efforts made at the grassroots
to fight corruption. $he government should also consider funding *eligious %ased Organisations
to preach the gospel against corruption. -1ually important is the role of parents and guardians in
teaching their children about the dangers of corruption and to live by example.
'nother factor that this study revealed as a cause of corruption was impunity of the corrupt
officials. $he researcher therefore recommends that there is need for legislation that will protect
whistleblowers and give them incentives to disclose official wrong doing that seriously harms
public good. /histleblowers laws that enforce and reward ethical behaviour complements and
reinforces the work of officers responsible for enforcing ethics in government and in the private
sector.
$he media should also partner with the I00 by highlighting corruption and other cases of
malpractice perpetrated by the public officials.
'ccess to public information in Uganda needs to be guaranteed through the law. (uch laws
should facilitate the release of unclassified information by government departments and agencies
on re1uest.
Finally the international community can assist alleviate the root of corruption in 'frica by
tracking down money looted by corrupt 'frican leaders in foreign banks accounts and send it
33
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
46/53
back to the country from which it was stolen. $his will be a clear deterrent to the current and
future leaders that they will not be allowed to benefit from the accumulation of illegal wealth.
?.7 C'($+5#'(
$here is no doubt that the legal and institutional mechanism in Uganda provides for the
Inspectorate of 0overnment with a very important role in the fight against corruption. owever
this study has shown that the work of the I00 is frustrated by many factors including lack of
political will to assist the I00 in its activities political interference into the activities of the I00
conflicts between the I00 with other government institutions laxity in implementing
inspectorate recommendations poor ethical and moral standards institutional challenges. $his is
in addition to the inade1uacies faced by the I00 as an institution because it lacks the financial
and human capacity to make an impact on high level corruption .$he I009s office should
therefore be strengthened with supervision investigation and enforcement mechanisms. In this
way the I009s work in fulfilling its constitutional duties will be easier. owever not all this will
be achieved unless rule of law takes deeper roots in Uganda. 'll those who take part in decision
making especially the political heads and civil servants should work hand in hand with I009s
office to fight against abuse of office and corruption.
!ost importantly the fight against corruption is not for the I00 or the government alone3 it is
about all citi#ens of Uganda developing a sense of responsibility to fight reduce report and
abhor corruption.
BIBLOGRAPHY
7. 'nti Corruption Coalition Uganda G;::@H8 %ook of Fame and (hame.
34
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
47/53
;. )aily !onitor Friday February ;. )irector of -thics and Integrity G;::A;:7>H3 ,ational (trategy to Fight Corruption and
rebuild Integrity in Uganda.
. -ngu#i -tuttal G;::>H8 Corruption "ills Uganda8 $he fight against Corruption "ampala
Uganda.
=. I00 report to &arliament 6anuary to 6une ;::A
. Uganda )ebt ,etwork !( UgandaG6une 7AAAH8 $he Legal and Institutional Frame work
to fight Corruption in Uganda *eview paper ,o. >
7. /itgard *obert G7A@
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
48/53
A!("#$!
A!("# O(!
=
>
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
49/53
@:A:
A7T
3. S! $) *!! %+#$%3+!
!ale Female
$. E"5$%'(%+ +!!+
)iploma
)egree
!asters
&h)
". I($'-! +!!+
=:::::7=:::::
7=:::::;=:::::
;=:::::>=:::::
=:::::==:::::
Over ==:::::
C+!%+9 &%&! &! 5!'( 9'5 %)!" &! !'("!(& '( !%$ '2 &! "!-',%#$
2%$&' %3'!
37
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
50/53
.
aH. /hat do you think are some of the causes of corruption in Uganda
555555555555555555555555555555555555555
555555555555555555555555555555555555555
555555555555555555555555555555555555555
bH./hat are the roles of the I00.....................................................................................................
555555555555555555555555555555555555555
555555555555555555555555555555555555555
555555555555555555555555555555555555555
cH./hat were some of the loopholes in the other institutions that led to the establishment of the
I00...................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
............................................................................................................................................................
dH. Is I00 and other institutions put to fight corruption effective in the provision of their
services
Nes
,o
dHGiH. If yes how effective are they GI00H.......................................................................................
555555555555555555555555555555555555555
555555555555555555555555555555555555555
555555555555555555555555555555555555555
dHGiiH. If no what are the reasons for the ineffectiveness.................................................................
38
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
51/53
555555555555555555555555555555555555555
555555555555555555555555555555555555555
555555555555555555555555555555555555555
eH. Is there an increase or decrease in the number of corruption related issues with the
establishment of the I00
Nes
,o
eHGiHIf yes what are they..................................................................................................................
555555555555555555555555555555555555555
555555555555555555555555555555555555555
eHGiiHIf no then why.........................................................................................................................
555555555555555555555555555555555555555
555555555555555555555555555555555555555
;.
aH. /hat are some of the achievements made through the establishment of the I00 and other
institutions put to fight corruption in Uganda
555555555555555555555555555555555555555
555555555555555555555555555555555555555
55555555555555555555555555555........................................
T%() 9'5 ' -5$ 2' 9'5 !+
39
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
52/53
A!("#
W') +%( '2 &! &5"9
)ate 'ctivity GiesH
7=th!arch ;:77 to >7st!arch ;:77 /riting the proposal
7st'pril ;:77 to 7=th'pril ;:77 'pproval of the proposal
7
-
7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption
53/53
*uled papers Uisa; 7:::: a ream ;::::ER
&ens ,ice clear @ >:: each ;::ER
!athematical set 7 7::: 7::::ER
(tapler 7 =::: =:::ER
(tapling wires 7&kt 7::: 7:::ER
*uler 7 =:: =::ER
Flash disk ;0% 7=::: >::::ER
File 7 ::: :::ER
;.T%!+/$'--5(#$%'(
!ukono to "ampala > weeks ;:::x< 7;:::ER
Feeding > weeks >:::x< 7@:::ER
'irtime !$, ;:::: ;::::
>. S!#$!
$yping @:: a page ;= pgs ;::::ER
&rinting 7:: a page ;= pgs ;=::ER
&hotocopying =: a page ;= pgs ;=::ER
. B#("#(,
&roposal 7 >::::
)issertation 7 @=:::ER
$O$'L 600/