An assessment of the Legal and Institutional Mechanisms in Fighting Corruption

7/23/2019 An assessment of the Legal and Institutional Mechanisms in Fighting Corruption

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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


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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.

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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

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'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...........................................................

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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

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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

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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

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=. 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@


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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.

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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


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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.

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1.; R!!%$


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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

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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

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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%-!*')


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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.

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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.

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$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


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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

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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


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?; [email protected] !unicipal CouncilsE $own Councils had


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-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.

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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

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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 ;?

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;.; 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.

;.=.;


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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.

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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


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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 ;


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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%(!"


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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'(


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=.= 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


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=.? 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'(


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



F#,5! =: G%#$%+ R!!!(&%'( 2' &! F%#+5! #( &! D!$!%! '2 C'5'( C%!


40/53


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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 >


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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


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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


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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


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$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


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


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;. )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@


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.

aH. /hat do you think are some of the causes of corruption in Uganda

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bH./hat are the roles of the I00.....................................................................................................

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cH./hat were some of the loopholes in the other institutions that led to the establishment of the

I00...................................................................................................................................................

............................................................................................................................................................

............................................................................................................................................................

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dH. Is I00 and other institutions put to fight corruption effective in the provision of their

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dHGiH. If yes how effective are they GI00H.......................................................................................

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dHGiiH. If no what are the reasons for the ineffectiveness.................................................................

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eH. Is there an increase or decrease in the number of corruption related issues with the

establishment of the I00

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eHGiHIf yes what are they..................................................................................................................

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eHGiiHIf no then why.........................................................................................................................

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aH. /hat are some of the achievements made through the establishment of the I00 and other

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39


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Documents

An assessment of the Legal and Institutional Mechanisms in Fighting Corruption