Uganda - Corruption
As the government lost its ability to impose economic and political order in the 1970s, a few people were able to accumulate impressive wealth through open manipulation of illegal economic networks. A specialized vocabulary for black-market activities, termed magendo, and its most successful participants, mafuta mingi ("dripping in oil"), came to symbolize the importance of this thriving sector of the economy.
Local economists estimated that during the early 1980s, magendo activities generated as much as one-third of the national output of goods and services, and maffuta mingi. both those in government office and "private-sector magendoists, " constituted the wealthiest class of Ugandans. Together with its lower-class beneficiaries including those who carried out risky smuggling ventures, ran errands, and stored goods for their superiors, as well as those who were simply thieves (bayaye)-marndo was thought to provide a living for about 7 percent of the population.
The law provides criminal penalties for official corruption. The government, however, did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. A June 2013 report commissioned by the IGG and compiled by the Makerere University-based Economic Policy Research Center found that police, the judiciary, and the education and health sectors topped the list of institutions perceived to be most corrupt. Report findings further noted that 25 percent of citizens admitted paying a bribe in the previous six months. Police arrested several police officers implicated in bribery and corruption. Authorities arrested several magistrates and judicial officials for forgery as well as for soliciting and receiving bribes.
Government agencies responsible for combating corruption include the IGG, the DPP, the Anticorruption Division (ACD) of the High Court, the National Assembly’s Public Accounts Committee, the Criminal Investigation Division of the police, the Office of the Auditor General, and the Directorate for Ethics and Integrity. There was weak political will to combat corruption at the highest levels of government, and many corruption cases remained pending for years. The ACD had two judges and three magistrates. Since its 2009 inception, the ACD has heard more than 1,000 corruption cases, several of which involved senior-level officials.
On 12 July 2013, the Constitutional Court halted all operations in the ACD following a petition filed in January challenging the constitutionality of the structure of the ACD. On September 12, the Constitutional Court started hearing the petition, and the case was pending a ruling at year’s end.
Due to this judicial challenge, the ACD halted consideration of several major pending cases. For example, on 07 June 2013, the ACD charged Ministry of Health officials, including Permanent Secretary Asuman Lukwago, Assistant Commissioner Ponziano Nyeko, Finance Manager Alex Gumisiriza, and former police officer Sabiiti Tibaijuka, with embezzling one billion shillings ($397,000) from the Global Fund to Fight AIDS, Tuberculosis, and Malaria. Lukwago was separately charged with neglecting his official accounting duties when he failed to ensure the proper expenditure of the ministry’s funds. Lukwago applied to the Constitutional Court for an injunction to suspend hearing of the case, arguing that the ACD proceedings contravened the Constitutional Court interim order that stayed ACD operations. The case of Lukwago and his codefendants was pending a Constitutional Court ruling.
Between February 13 and 14, 2013, police arrested and later released six Ministry of Works officials – principal auditor Ambrose Asiimwe, information and technology officer Ivan Aliba, accountant Gerald Ekimu, transport commissioner Rose Mary Tibiwa, civil engineer Roger Kisambira, and economist Anthony Kwesiga – for embezzling 76 million shillings ($30,200). According to police the officials embezzled the money from funds for a government-sponsored conference in January. Police investigation into the case continued.
There were developments in some of the 2012 corruption cases. For example, on June 26, the ACD convicted and sentenced the former principal accounting officer in the Office of the Prime Minister, Geoffrey Kazinda, to five years’ imprisonment for abuse of office, forgery, and unlawful use of government stores. In August 2012 Kazinda and three other persons, including the Commissioner for Relief, Disaster Preparedness, and Management, John Martin Owor, were charged with embezzling 316.8 million shillings ($126,000). The case against the other defendants was pending at year’s end.
In January 2013 the ACD instituted court proceedings against officials in the Ministry of Public Service, including Jimmy Lwamafa, permanent secretary for the Ministry of Public Service; Kiwanuka Kunsa, commissioner of pensions; principal accountant Christopher Obeyi; head of information technology Francis Lubega; and Peter Ssajabi, national secretary of the East African Community Beneficiary Association, for allegedly embezzling 340 billion shillings ($135 million). The case involved a fraudulent distribution of funds in which billions of shillings was paid to more than 1,000 nonexistent pensioners in 2011.
The law provides for procedures by which individuals in both the public and private sectors may, in the public interest, disclose information that relates to irregular, illegal, or corrupt practices. The act provides for the protection against victimization of persons who make disclosures.
The act defines whistleblowing to include disclosure of information that a corrupt, criminal or other unlawful act has been committed, is being committed, or is likely to be committed. It also includes the disclosure of information that a public officer or employee has failed, refused, or neglected to comply with any legal obligation to which that officer or employee is subject as well as the disclosure of information that a miscarriage of justice has occurred, is occurring, or is likely to occur. Disclosure of the identity of a whistleblower or of confidential information provided by the whistleblower is a criminal offence punishable by a fine and/or imprisonment. IGG officials reported that four suspects were charged under the Whistleblower Act, with hearing of the cases pending.
The law provides that a person shall disclose information within three months of becoming an elected official or assuming public office and thereafter in December every two years. The government selectively enforced financial disclosure laws, under which an estimated 28,000 public officials were subject to biannual reporting requirements. The requirements apply to spouses and dependent children as well. Public officers are required to disclose their income and assets upon assuming and leaving office. The IGG is responsible for monitoring compliance. Penalties for noncompliance include a warning or caution, demotion, dismissal, and/or administrative leave from office.
For example, authorities dismissed National Assembly member Ken Lukyamuzi from the seventh National Assembly (2001-06) for noncompliance. He was reelected to the ninth National Assembly (2011-16) and was permitted to take his seat after filing financial disclosure documents. According to the IGG, 18,664 officials reported in the 2012-13 cycle, including those from previous cycles who had not submitted their forms. Although the law requires public disclosure, authorities did not make the reports public.
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