Inspector General of Government Act

Section Interpretation Section In this Act, unless the context otherwise requires— (a) " appointments board " means the appointments board established under section 4 ; (b) " deputy inspector general " means the Deputy Inspector General of Government appointed under section 3 ; (c) " inspector general " means the Inspector General of Government appointed under section 3 ; (d) " public office " includes— (i) a Government department, undertaking or service; (ii) a company in which the Government has shares; (iii) a public corporation; (iv) the Cabinet; (v) Parliament; (vi) a court of law; (vii) the Uganda Police Force; (viii) the Uganda Prisons Service; (ix) a school, college or other public institution of learning; (x) the Uganda Peoples’ Defence Forces; (xi) a district administration; (xii) a local council or a committee of the local council; (xiii) an urban authority; (xiv) a municipal council or a committee of the municipal council; (xv) a trade union; (xvi) a cooperative society; (xvii) a political party; (xviii) a council, board, society or committee established by law for the control and regulation of any profession; (xix) a commission, association or similar body whether corp...

Section Establishment of the office Section There is established the office of the Inspector General of Government, which shall be a public office . Notwithstanding subsection (1), the office of the Inspector General of Government shall not be subject to the direction or control of any other authority, but shall be directly responsible to the President.

Section Appointments Section The office of the Inspector General of Government shall consist of the following— the inspector general , to be appointed by the President; the deputy inspector general , to be appointed by the President; a secretary , to be appointed by the President, and who shall head the administrative structure of the office; counsel, to be appointed by the appointments board , and who shall be legal adviser to the office; and such other officers and supporting staff as the inspector general may, from time to time, deem necessary, to be appointed by the appointments board , for the implementation, execution and promotion of the objectives, functions and duties of the office. A person shall not qualify for appointment as inspector general or deputy inspector general unless he or she has served in a field or discipline relevant to the work of the office of Inspector General of Government for not less than seven years. Notwithstanding subsection (1), the inspector general may, in the performance of his or her duties under this Act, engage the services of or work in consultation with any other public office .

Section Appointments board Section There is established an appointments board consisting of the following— The functions of the appointments board shall include— the inspector general who shall be the chairperson of the board; the deputy inspector general ; the secretary in the office of the inspector general who shall be the secretary to the board; the chairperson of the Public Service Commission or any other commissioner authorised by him or her for that purpose; the Permanent Secretary responsible for the public service and Cabinet affairs; and two other members to be appointed by the President. the establishment of posts within the office of the inspector general ; the appointment of officers and staff of the office of the inspector general in accordance with section 3 ; the making of regulations for the discipline of officers and staff of the office of the inspector general ; and the performance of any other functions that the President may assign to the board.

Section Officers to take oaths Section Every person appointed to an office under this Act shall, before entering upon the duties of his or her office, take the appropriate oath set out in Part A of the First Schedule to this Act. A person appointed to an office set out in the first column of Part B of the First Schedule shall take the oath specified in the second column of that Part, which shall be administered by the authority specified in the third column of that Part.

Section Salaries and allowances Section The salaries and allowances of the inspector general and the deputy inspector general shall be charged on and issued out of the Consolidated Fund. The officers and staff of the office of the inspector general shall be paid such salaries and allowances as the inspector general , with the approval of Parliament, shall determine.

Section Special powers of inspection Section The inspector general may, by order under his or her hand, authorise an officer under his or her charge to investigate any bank account, share account, purchase account, expense account or any other account, or any safe or deposit box in a bank. An order made under subsection (1) shall be sufficient authority for the disclosure or production by any person of information, accounts, documents or articles as may be required by the officer so authorised. Any person who wilfully and unlawfully refuses to comply with the order of the inspector general issued under this section commits an offence and is liable on conviction to a term of imprisonment not exceeding three years or to a fine not exceeding seven thousand shillings or to both such fine and imprisonment.

Section Duties and functions of the inspector general Section The inspector general is charged with the duty of protecting and promoting the protection of human rights and the rule of law in Uganda, and eliminating and fostering the elimination of corruption and abuse of public offices; and without prejudice to the generality of the foregoing, he or she shall perform the following functions— to inquire into allegations of a violation of human rights committed against any person in Uganda by a person in a public office and, in particular— to take necessary measures for the detection and prevention of corruption in public offices and, in particular— to investigate the conduct of any public officer which may be connected with or conducive to— the arbitrary deprivation of human life; the arbitrary arrest and consequent detention without trial; the denial of a fair and public trial before an impartial and independent court of law; the subjection of any person to torture, inhuman and degrading treatment; and the unlawful acquisition, possession, damage or destruction of private property; to inquire into the methods by which law enforcing agents and the State security agencies execute the...

Section General powers of the inspector general Section For the purposes of performing his or her functions under this Act, the inspector general shall have the following powers— to authorise in writing, any officer under his or her charge to conduct an inquiry or investigation into an allegation of violation of human rights, breach of the rule of law, corruption, abuse of office occasioning injustice, and neglect of duty, and any other aspect that the inspector general is empowered to investigate; to require a public officer or any other person to answer questions concerning his or her duties or those of another person, and to order the production for inspection of any standing orders, directives or office instructions relating to the duties of each public officer or person; to require any person in charge of a public office to produce or furnish, within a specified time, any document or certified true copy of the document which is in his or her possession or under his or her charge; and to do any other thing necessary for the performance of the functions of the inspector general under this Act.

Section Powers of access and search Section In addition to the powers specified in section 8 , the inspector general , the deputy inspector general or any other officer authorised by the inspector general for that purpose shall in the performance of their duties and functions under this Act— Notwithstanding subsections (1), (2) and (3), where the President certifies that the entry upon or inspection of any premises, vessel, aircraft or vehicle— have access to all books, returns, reports and other documents relating to the work in any public office ; at any time have access to and be able to search the premises of any public office , or of any vessel, aircraft or other vehicle, if there is reason to suspect that property corruptly or otherwise unlawfully acquired has been placed, deposited or concealed in the premises, vessel, aircraft or vehicle. An officer conducting a search under subsection (1) shall only do so on the express instruction of the inspector general or the deputy inspector general who shall issue a search warrant to this effect, in the form specified in the Second Schedule to this Act. For the purposes of exercising his or her powers of access and search under subse...

Section Rules of procedure Section The inspector general may, by statutory instrument under his or her hand, prescribe rules of procedure generally for the conduct of investigations and for any matter that is necessary for the efficient performance of the functions under this Act.

Section Jurisdiction of the inspector general Section The inspector general shall have jurisdiction to investigate and inquire into— Notwithstanding subsection (1), the inspector general shall not have power to question or review any of the following matters— any matter the review or investigation of which has been certified by the President as likely to— Where the inspector general is satisfied that— the complainant has at any material time had the right or opportunity of obtaining relief or redress by means of— any of the acts mentioned in section 7 (1), committed by a public officer in exercise of his or her official duties; and any other matter that may, from time to time, be specified or directed by the President, for investigation. the decision of any court of law or of any judicial officer in the exercise of his or her judicial functions; the decision of any tribunal established by law in the exercise of its functions; any matter which is sub judice; any matter relating to the exercise of the prerogative of mercy; or be prejudicial to the security, defence or international relations of Uganda or to the investigation or detection of offences; or involve the disclosure of proc...

Section Conduct of investigations Section The procedure for conducting an investigation shall be such as the inspector general considers appropriate in the circumstances of each case; and without prejudice to the generality of the foregoing, the inspector general may obtain information from such persons and in such manner, and make such inquiries, as he or she deems necessary. All proceedings, investigations and inquiries by the inspector general shall be conducted in strict confidence, and an official of the office of the inspector general shall not communicate or divulge any information which has come to his or her knowledge in the course of his or her duties to any person, otherwise than in the performance of his or her duties under this Act. A person who contravenes subsection (2) commits an offence and is liable on conviction to a term of imprisonment not exceeding eighteen months or to a fine not exceeding three thousand shillings.

Section Proceedings not to be questioned Section No proceedings, investigations or inquiries by the office of the inspector general shall be held null and void by reason only of an informality or irregularity in the procedure, and except on the ground of lack of jurisdiction, no such proceedings, investigations or inquiries shall be liable to be challenged, reviewed, quashed or called in question in any court of law.

Section Immunity of officers Section No proceedings, whether civil or criminal, shall lie against the inspector general , the deputy inspector general , an officer or any other person employed to execute the orders or warrants of the inspector general , for anything done in good faith and in the course of the performance of his or her duties under this Act. Subject to this Act, no officer or person serving in the office of the inspector general shall be compelled to give evidence before any court or tribunal in respect of anything coming to his or her knowledge by virtue of his or her service.

Section Privilege of information Section Subject to any other law which enjoins the disclosure of classified information, anything said, information supplied, document, paper or thing produced in the course of an inquiry under this Act shall be privileged in the same manner as if the inquiry were a proceeding in a court of law, and a report of the inspector general shall be privileged in the same manner as if it were a record and judgment of a proceeding in court.

Section Provisions relating to complaints Section A complaint or allegation made under this Act shall be— A complaint or allegation under this Act may be made by an individual or by any body of persons whether corporate or not, and shall be strictly confidential and addressed directly to the inspector general . Notwithstanding the provisions of any written law, where a prisoner, or an employee in a public office , makes an allegation or complaint to the inspector general under this Act, the allegation or complaint shall not be made through, or subject to the scrutiny of, the prison officials or the immediate supervisor or employer, as the case may be. made by the complainant or his or her legal representative; in writing and addressed to the inspector general , except where the complainant cannot write, in which case the inspector general shall translate the oral complaint into a written one; and signed or thumbprinted by the complainant. No complaint or allegation shall be received by the inspector general unless it is made within two years from the date on which the facts giving rise to the complaint or allegation arose; except that in exceptional circumstances and in his or her...

Section Right to be heard Section No person shall as of right be entitled to be heard before the inspector general ; but where the inspector general proposes to conduct an investigation pursuant to a complaint or allegation under this Act, he or she shall give the head of the public office concerned and any other person who is the subject of the complaint or allegation an opportunity to reply to the complaint or allegation made against him or her, and no matter that is adverse to any person or public office shall be included in a report of the inspector general unless that person or head of that office has been given a prior hearing.

Section Procuring information and attendance of witnesses Section Subject to this Act, the inspector general may summon any person who in his or her opinion is able to give information relating to any matter relevant to the inquiry being conducted by him or her to appear before him or her and to furnish such information and produce any documents, papers or things that may be in the possession or under the control of that person and may, by order under his or her hand, summon that person to attend before the inspector general at a specified time and place and to be examined on oath which shall be in Form 2 of the Second Schedule. The summons issued under subsection (1) shall be in Form 3 of the Second Schedule to this Act. Where a person is to be examined on oath under this section, any officer duly authorised by the inspector general or the deputy inspector general for that purpose may administer that oath. A summons issued under this section shall be served on the person to whom it is directed, by an officer from the inspector general ’s office or by a police officer, in the manner prescribed for the service of a witness summons in civil proceedings before a court of law.

Section Failure of witness to attend Section Where a person on whom a summons under section 19 has been duly served does not attend at the specified time and place, and the inspector general is satisfied that— the summons was properly and duly served; and the person to whom the summons was directed, wilfully and without lawful justification avoided service, the inspector general may issue a warrant of arrest in Form 4 of the Second Schedule to this Act, to be executed by a police officer, to apprehend that person and bring him or her before the inspector general at a specified time and place. A person apprehended under subsection (1) shall within twenty-four hours of his or her arrest, or as soon thereafter as is practicable, be brought before the inspector general .

Section Witness allowances Section The inspector general may pay to any person summoned before him or her under this Act such allowances or sums in respect of expenses properly incurred by that person as the inspector general may deem appropriate.

Section Offences by witness and penalties Section A person who— wilfully and without lawful justification or excuse disobeys an order of the inspector general for his or her attendance or for the production of a document, paper or thing; without lawful justification or excuse refuses to be examined before or to answer questions relating to an inquiry put to him or her by the inspector general ; knowingly presents to the inspector general a false or fabricated document or makes a false statement with intent to deceive or mislead the investigating officers; publishes any false or scandalous libel on the office of the inspector general ; creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the inspector general ; or without lawful justification or excuse, wilfully obstructs or hinders a person acting in the exercise of the powers conferred by this Act,

Section Inspector general to make periodic reports Section The inspector general shall— from time to time, submit to the President a full report on the proceedings of every inquiry together with his or her conclusions and recommendations; and submit to Parliament a summary of that report, twice every year, within three months after the 30th day of June and 31st day of December, respectively. In addition to any other matter required to be contained in a report made to the President on an inquiry, the report shall contain a statement of any action taken by a person whose conduct has been under inquiry or by the public office or authority employing that person to correct or ameliorate any conduct, procedure, act or omission that is adversely commented upon in the report. The report submitted to the President under this section shall be strictly confidential, and any summary report submitted to Parliament shall not disclose the identity or contain any statement which may point to the identity of any person into whose conduct an investigation has been or is about to be made, unless Parliament by resolution requires the inspector general to provide more details or information in respect...

Section Action on report Section On receipt of a report the President may take or cause to be taken against the public officer in respect of whom the report is made such action as may be taken under or in accordance with the provisions of any written law.

Section Regulations Section The inspector general may, by statutory instrument, make regulations in respect of any of the things required to be done by him or her under this Act, and generally for better carrying out his or her duties and functions under this Act.