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Honourable Members of Parliament

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									               GOVERNMENT OF UGANDA


             THE PARLIAMENT OF UGANDA




     RELATIONSHIP BETWEEN UGANDA PAC AND ANTI-
CORRUPTION AGENCIES AND THE POLICE FORCE IN THE FIGHT
 AGAINST THE MISUSE OF PUBLIC FUNDS: A CASE STUDY OF
                       UGANDA


                   A Presentation by


             NATHAN NANDALA-MAFABI, MP
            Email nandala@parliament.go.ug
        CHAIRMAN PUBLIC ACCOUNTS COMMITTEE


                          TO


    THE AFRICAN REGIONAL WORKSHOP ON PROMOTING
ACCOUNTABILITY AND INTEGRITY IN GOVERNMENT SPENDING
     JOHANNESBURG, SOUTH AFRICA APRIL 6-9,2010
Honourable Members of Parliament, Distinguished Participants, Ladies and
Gentlemen.

1.0         Introduction
In most democratic systems, governments are increasingly being defined and
judged by the way they manage public expenditure. Integrity and accountability
of public resources are a prerequisite to underpin public trust as a cornerstone to
good governance. However, lack of accountability and integrity of politicians and
civil servants has played a major role in preventing sustainable development
from taking root in most of the world’s poorest countries. The central role of
Parliament to hold government accountable for its actions and/or omissions
cannot be over-emphasized.                                       Parliament’s key accountability functions are
embedded in their legislative, representative and oversight responsibilities. The
use of public funds must therefore be explained and those who hold power
should be held accountable for the use of those funds.


The 1995 Constitution of the Republic of Uganda provides that “all public
resources shall be held in trust for the people. All persons in position of
leadership and responsibility shall, in their work, be answerable to the people and
all lawful measures shall be taken to expose, combat and eradicate corruption
and abuse or misuse of power by those holding political and other public offices”.


Legal Mandate of PAC
Public Accounts Committee is one of the various Committees of Parliament of
Uganda established and empowered to function under Article 90 of the 1995
Constitution of the Republic of Uganda.
The Parliamentary Rules of Procedure, and the Constitution, give Committees of
Parliament powers of the High Court to:

Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
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       Enforce the attendance of witnesses and examining them on oath,
            affirmation or otherwise;
       Compel the production of documents;
       Issue a commission or request to examine witnesses abroad;
       Confine for any specific period recalcitrant/uncooperative witnesses; and
       Cite any person by name for contempt of Parliament.


2.0         PAC and the Auditor General
The Auditor General is responsible for the audit of Government accounts. His
Constitutional mandate, reporting relations, effectiveness, vary from country to
country but the primary purpose is to act as overseer of Government’s
management of public funds as well as the quality and credibility of reported
Government financial responsibility.


In many countries, the Auditor General is viewed as the independent watchdog of
the public interest, and their audits are often potent deterrent to waste and abuse
of public funds.                       They help reinforce the legal, financial and institutional
framework of public finance that would otherwise allow corruption to flourish. To
succeed at this, the Auditor General needs the support of Parliament.


The National Audit Act 2009 made the Auditor General an Officer of Parliament.
This has ensured the independence from the Executive and strengthened his
relationship with Parliament as a whole and especially the Public Accounts
Committee.


In Uganda 85% of the work of the Public Accounts Committee (PAC) depends
primarily on the reports of the Auditor. The Auditor General has been described
as “a friend, philosopher and guide” to the Public Accounts Committee.                                                                                      He

Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
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attends every meeting of the Public Accounts Committee and gives guidance
where necessary.


3.0         The Media
The media, often referred to, as the “fourth arm of the state”, has been very
active in the fight against corruption. The Public Accounts Committee recognizes
and upholds the media as a great partner in all its functions. It has helped us
publicize all our proceedings and information now reaches the remotest person in
the country. However, in many instances, their independence has been
threatened by Government.


4.0         PAC and the Police (CID)
Because of the nature of the cases handled by the PAC, and the need to
undertake the above mentioned mandate in a professional manner, it was found
necessary to have a CID-PAC Squad. The CID officers attend all proceedings of
the PAC meetings as part of the Committee technical assistance team, which
also includes Officers from the Auditor General’s Office, Accountant General’s
Office; Research and Legal Departments, the Media, CSO and the Clerk of
Parliament.


4.1         Background to (CID-PAC)


Police is established by Article 211 of the Constitution of the Republic of Uganda.
Article 212 provides for the functions of the Uganda Police which include:
       Protection of life and property, preservation of Law and Order;
       To prevent and detect crime, and
       To cooperate with civilian authority and other Security Organs established
            under the Constitution and with the population.


Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
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The CID-PAC Squad is a unit under the Anti-corruption Department of Criminal
Investigation Directorate Headquarters and hence the latter performs a
supervisory role.


Public Accounts Committee co-opted CID as per Article 90(3)(b)and(c) of the
Constitution of Uganda.                                 In 1989 CID-PAC Squad started sitting on the
Committee when Government started considering the Reports of the Auditor
General. During the turbulent period of 1970s and early 1980s, PAC was in
abeyance but has since gained prominence.


4.2         Issues handled by CID-PAC Squad
The Squad handles all offences under the new Anti Corruption Act (2009) which
include; abuse of office, influence peddling, conflict of interest, causing financial
loss, embezzlement, false claims by officials, fraudulent false accounting among
others.
It also handles offences specified in other Acts of Parliament like the Public
Procurement and Disposal of Public Assets (PPDAA) 2003 and the Public
Finance Act and Regulations.


4.3         The Role of the CID-PAC
       When directed by the Public Accounts Committee, the CID investigates
            Audit queries that raise glaring cases of corruption, embezzlement, and
            outright theft.
       CID makes investigative reports, recommendations and observations on
            matters in issue before the Committee.
       The Police (CID) attends all proceedings of PAC and ensures observance
            of Law and Order.
       CID gives technical advice to the Committee on all matters relating to
            Police investigations, arrest, and detention, as well due process of court.
Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            5
In       exceptional                 cases,             the         Police            serve            Committee                  summons                   to
recalcitrant/disobedient witnesses to appear before the Committee. Where
immediately necessary, CID holds suspects for interrogation on matters of
Criminal nature raised against any Accounting Officer during the Committee
proceedings.


In other cases vital Accountability documents have been produced before PAC
and Local Government Accounts Committee (LGAC) after witnesses have either
been threatened with arrest or on accompanying CID officers to their respective
offices.


CID officers also carryout onspot visits/impromptu checks on government
facilities to ascertain whether Accounting Officers are reporting the truth for
instance the collapsed Hospital Incinerators, ambulances, use of visa stickers as
opposed to embossed stamps at entry points. Some of these activities would
have necessitated the Committee field visits.


Some Accounting Officers report to PAC having reported various cases of theft,
robbery, embezzlement to police stations throughout the country. It is the CID-
PAC which monitors the progress of the cases and provides reports.


CID-PAC helps in retrieval of exhibits by carrying out searches, and also
provides safe custody of exhibits so seized or impounded.


The CID-PAC initiates the prosecution process and liaises with the Directorate of
Public Prosecutions to achieve this goal for the Committee.




Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            6
4.4         Experiences (CID-PAC)
The CID have investigated, prosecuted and reported on various cases as
allocated for their action by the PAC as in examples given below:-
       A company (Eladam Enterprises) which supplied army uniforms to Ministry
            of Defence and caused loss of                                                  Ug.Shs.1,178,495,945/= (Approx
            US$600,000) to the Uganda Government is being prosecuted, the case is
            with Inspector General of Government (IGG).


       Another case involving a staff of the Auditor General who stole and
            diverted cheques for unspent funds from Local Governments has been
            forwarded to IGG for prosecution after Auditor General reported conflict of
            interest.


       The Deputy Vice Chancellor of Makerere University together with the
            Estates Manager were implicated for flouting procurement regulations
            under the PPDA when part of the newly constructed perimeter wall project
            of the University collapsed causing financial loss Ug.Shs.2billion
            (US$1,000,000) to the Government of Uganda. Case file is with DPP.


       Currently the Public Accounts Committee is considering the Special Report
            of the Auditor General on the Commonwealth Heads of Government
            Meeting (CHOGM) that took place in Uganda in 2007.                                                                        Evidence of
            embezzlement of funds by the Officers who were involved in these
            preparations is before the committee and the CID is helping to unearth the
            details. (Attached is a matrix of the cases CID) is handling. Some of them
            are in advanced stages of investigations and others with the DPP.



Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
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       The Committee ordered for a special Audit of the disposal of a piece of
            land in the city arising from a query in the Auditor General’s Report.
            Investigations were carried out, and due process of Court initiated. Two
            case files one implicating the former Mayor of Kampala, Mr. Sebaana
            Kizito is already with the DPP pending formal charging of the officials of
            Kampala City Council.


       One Enos Tumusiime a former Managing Director of Uganda Railways
            Corporation was in 1998 charged for causing financial loss.


       In 1995 the Permanent Secretary of Ministry of Agriculture Prof. Gustav
            Senyonga was convicted for seven years for causing financial loss of
            approximately US$1Million arising from investigations by the CID-PAC
            Squad.


       The CID-PAC took over investigations/Prosecution of a case, CRB
            126/2004 in which UG Shs.231,264,831(Approx US$120,000) for soldiers’
            salaries was allegedly mis-appropriated. The case is still in court.


5.0         PAC and the Inspector General of Government (IGG)


The Inspectorate of Government plays a complementary role in fighting
corruption, abuse of office and enforcement of the Leadership Code of Conduct.
PAC shares information with IGG, for example declarations of assets and
liabilities of leaders under investigation.


Some cases have been referred to the IGG for investigations by the Committee,
for example, the famous “Temangalo Case” where UG. Shs. 11billion (Approx
US$6Million) of workers’ savings in the National Social Security Fund (NSSF)
Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            8
was paid fraudulently for the purchase of a piece of land belonging to a Cabinet
Minister in charge of Security.


Where PAC is dissatisfied by the decision of the DPP, it makes its complaints to
the IGG to take over the investigation.


Joint training sessions, workshops, study tours for both staff of IGG and PAC to
enhance capacity have been conducted.


6.0         PAC & Civil Society
The Civil Society attends Committee sittings and to some extent have been
whistleblowers on corrupt acts of government officials. They also sensitize the
public on the activities of PAC to the extent that it is the most highly publicized
and respected Committee of Parliament. They also hold regular workshops
where PAC Members are invited as resource persons.
Where Government delays to take appropriate action on the recommendations
made by the Committee, the CSO hold public demonstrations and debates thus
putting more pressure on the Executive.


7.0         Challenges
There is no way one can enforce accountability and integrity in Government
spending without raising fundamental political questions on the way individuals
use or abuse power and on the standards to which they should be held
accountable. A holistic strategy is the most effective way of improving
accountability and integrity in government spending as well as increasing the
probability of being caught and punished.




Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            9
A number of challenges have been experienced by the Public Accounts
Committee and other anti-corruption agencies in Uganda because Government is
yet to demonstrate its will to fight corruption. The challenges include:


(i)         The willingness of Government to allow Parliament in general and PAC in
            particular, sufficient political space to carry out their constitutional
            mandates. This has been exacerbated by:
             The inherent weaknesses of Parliament and of Members of Parliament
                  in performance of their duties. In our case where Ministers are
                  appointed from among MPs. Most MPs of the ruling Party see
                  themselves as potential Members of Cabinet thereby limiting their
                  independence.
             The lack of commitment on part of some governments in correcting
                  these weaknesses, and
             The perception that given the history of an adversarial relationship
                  between the auditors and the audited, the ‘findings’ of the Auditor
                  General are too negative and not always sufficiently balanced or
                  presented to invoke better operational performance.


(ii)        Oversight requires knowledge, skills and experience which many
            Parliamentarians lack. Some report difficulty learning on the job, while
            others are put off by procedural tactics and details. This lack of knowledge
            and depth may create self-professed government agents and this hurts our
            oversight role since no dissenting voice can be heard in such a situation.


(iii)       Members of Parliament have a busy schedule and often lack researched
            information on audit queries. More often than not, the members are
            bombarded with voluminous audit reports which they seem to have no time
            to read. This coupled with insufficient information from Accounting Officers
Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            10
            and lack of follow up measures on its recommendations has led to some
            inefficiency and created a backlog of reports to handle.


(iv)        If Parliaments are to play a proactive role in promoting accountability and
            integrity in government, then they too, must adopt transparent operations
            and must be accountable to the electorate on an ongoing basis. However,
            in the case of Uganda, we have situations where some of its members
            have been mobilized to defend members of the ruling party who appear as
            witnesses, thereby making it difficult to pin the witness.


(v)         At times, committee members are manipulated by the ruling party to attack
            and eliminate members of the opposition or to punish members of their
            own party who are perceived to have stepped out of party line.


(vi)        Persons handpicked by the politicians in power have run the anti-
            corruption agencies inefficiently. Sometimes, political loyalty as well as
            occasioned pressure has prevented the Inspector General of Government
            from exercising fully its powers to investigate and prosecute high political
            elites e.g. One Senior Cabinet Minister in charge of security who was
            implicated in a fraudulent procurement.


(vii)       Verification of Audit Queries requires a lot of logistics, manpower
            movement                 and         intelligence              gathering              which           necessities               adequate
            operational funds; however PAC is not well facilitated to fulfill its mandate.


(vii)       The donors placed too much faith for too long that Government had
            willingness to fight corruption and this increased the levels of misuse of
            public resources in Uganda.


Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
                                                                                                                                                            11
Conclusion
In order to achieve a balanced and effective system of parliamentary oversight,
the relationship between all agencies involved in anti-corruption process, whether
directly or indirectly, should be examined or appropriately structured to achieve a
well functioning and efficient system of monitoring accountability and integrity in
government spending. A combination of political will and public pressure from the
base is the most effective way to ensure accountability and integrity in
government spending.


I thank the organizers for the opportunity given to me to share with you the
experiences from Uganda and the participants for their kind attention.


THANK YOU




Relationship between PAC, Anti-Corruption Agencies and Police Force: A Presentation by Nathan Nandala-Mafabi, Chairman PAC Uganda at the African Regional
Workshop on Promoting Accountability and Integrity in Government Spending – Johannesburg, South Africa – April 6-9, 2010
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