Inspectorate of Government Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ Appointments Board ” means the Appointments Board established under section 6 ; “ Authority ” means an Authority by whatever name called, established by the Constitution or any other law; “ Board ” means the Appointments Board ; “ corruption ” means the abuse of public office for private gain and includes but is not limited to embezzlement, bribery, nepotism, influence peddling, theft of public funds or assets, fraud, forgery, causing financial or property loss and false accounting in public affairs; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ Deputy Inspector General ” means a Deputy Inspector General of Government referred to in section 2 ; “ Inspectorate ” means the Inspectorate of Government established under Article 223 of the Constitution ; “ Inspector General ” means the Inspector General of Government appointed under section 3 and includes a Deputy Inspector General ; “ Minister ” means the Minister to whom the functions of a Minister under this Act have been assigned by the President; “ Secretary ” means the Secretary to the Inspectorate appointed under sec...

Section Inspectorate of Government Section The Inspectorate shall consist of— A person shall not be eligible for appointment as Inspector General or Deputy Inspector General , unless that person— A person shall resign his or her office on appointment as an Inspector General or Deputy Inspector General if that person is— There shall be an Inspectorate of Government. the Inspector General of Government; and two Deputy Inspectors General. At least one of the persons referred to in subsection (2) shall be a person qualified to be appointed a judge of the High Court. is a citizen of Uganda; is a person of high moral character and proven integrity; and possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs. a member of Parliament; a member of a local government council; or a member of the executive of a political party or organisation.

Section Appointment of members of Inspectorate Section The Inspector General and Deputy Inspectors General shall be appointed by the President with the approval of Parliament and shall not, while holding office, hold any other office of emolument in the public service. For the avoidance of doubt, the Inspectorate shall, subject to the Constitution , be a public office. The Inspector General and Deputy Inspectors General shall hold office for a term of four years but shall be eligible for re-appointment only once. The remuneration and other conditions of service of members of the Inspectorate shall be determined by Parliament and the salaries and allowances of members of the Inspectorate shall be charged on the Consolidated Fund.

Section Removal of Inspector General and Deputy Inspector General Section The Inspector General or a Deputy Inspector General may be removed from office by the President on the recommendation of a special tribunal constituted by Parliament only for— inability to perform the functions of his or her office arising from infirmity of body or mind; misconduct, misbehaviour or conduct unbecoming of the holder of the office; or incompetence. The special tribunal referred to under subsection (1) shall consist of a justice of the Supreme Court, who shall be the Chairperson, and two other persons, all of whom shall be appointed by Parliament. On receiving complaints about the Inspector General or a Deputy Inspector General , the President shall refer the matter to Parliament to constitute a special tribunal to investigate the matter. The President shall remove the Inspector General or a Deputy Inspector General if the special tribunal recommends that the Inspector General or Deputy Inspector General ought to be removed from office on any of the grounds under subsection (1) . If the question of removing the Inspector General or a Deputy Inspector General is referred to the special tribunal, t...

Section Oath of members of Inspectorate Section A person appointed Inspector General or Deputy Inspector General shall, before assuming the duties of his or her office, take and subscribe the oath specified in Part A of Schedule 2 to this Act. The oath shall be administered by the President.

Section Appointments Board Section There is established a board known as the 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 Inspectors General; the Secretary ; the Chairperson of the Public Service Commission or a member of that Commission authorised by the Chairperson in writing; the Permanent Secretary of the Ministry responsible for the public service; and two other members appointed by the President, one of whom shall be a woman. the establishment of posts within the Inspectorate ; the appointment of officers and other employees of the Inspectorate in accordance with section 15 ; the making of regulations for the discipline of officers and other employees of the Inspectorate ; and the performance of any other functions that Parliament may by resolution assign to the Board . The staff shall be appointed on the basis of their integrity and competence.

Section Branches of Inspectorate Section The Inspectorate may establish branches at district and other administrative levels as it considers fit for the better performance of its functions.

Section General powers of Inspectorate Section For the purposes of performing its functions under this Act, the Inspectorate shall have the following powers— to authorise in writing any officer under its charge to conduct an inquiry or investigation into an allegation of corruption , abuse of office, neglect of duty and any other aspect that the Inspectorate 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; 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 such 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 Inspectorate under this Act.

Section Powers of access and search Section Without prejudice to the powers of the Inspectorate specified in section 11 , the Inspector General , a Deputy Inspector General or any other officer or person authorised by the Inspector General or a Deputy Inspector General for the purpose, shall, in the performance of their functions under this Act— Notwithstanding any other provision of this section, where the President certifies that the entry upon or inspection of any premises, vessel, aircraft or vehicle— Subject to the provisions of any law, the Inspectorate shall have power to enter and inspect the premises or property of any department of Government, person or of any authority; to call for, examine and where necessary, retain any document or item in connection with the case being investigated, found on the premises; and may, in those premises, carry out any investigation for the purpose of its functions. search any person and retain any document or item in connection with the matter being investigated found with or on him or her; have access to all books, returns, reports and other documents relating to the work in any public office; and at any time have access to and be able to...

Section Special powers of Inspectorate Section The Inspector General or a Deputy Inspector General may, by order in Form 2 specified in Schedule 3 to this Act signed by him or her, authorise an officer of the Inspectorate or any other competent person under the control of the Inspectorate to investigate any bank account, purchase account, share account, expense account or any other account, or any safe or deposit box in a bank, or any transaction for the purposes of this Act. 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 and the collection and taking of any oral and documentary evidence by the authorised officer or person. An order in Form 3 specified in Schedule 3 made under this section may direct the suspension of all operations in respect of the account against the holder of the account or any other person or the stopping of any transaction, subject to such conditions as the Inspector General or a Deputy Inspector General may specify. Any person who wilfully and unlawfully refuses to comply with an order issued under this section, c...

Section Functions of Inspectorate Section Pursuant to the provisions of the Constitution and this Act, the functions of the Inspectorate are to— investigate the conduct of any public officer which may be connected with or conducive to— take necessary measures for the detection and prevention of corruption in public offices and in particular— promote and foster strict adherence to the rule of law and principles of natural justice in administration; eliminate and foster the elimination of corruption , abuse of authority and of public office; promote fair, efficient and good governance in public offices; enforce the Leadership Code of Conduct; investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which this section applies, taken, made, given or done in exercise of administrative functions; stimulate public awareness about the values of constitutionalism in general and the activities of its office, in particular, through any media and other means it considers appropriate; inquire into the methods by which law enforcing agents and the State security agencies execute their functions, and the extent to which the practices and proc...

Section Jurisdiction of Inspectorate Section The jurisdiction of the Inspectorate shall cover officers and leaders serving in the following offices— a Government department, undertaking or service; a statutory corporation or authority; the Cabinet; Parliament; a court of law; the Uganda Police Force; the Uganda Prisons Service; a Government aided school, college or other institution of learning that accesses public funds; the Uganda Peoples’ Defence Forces; a local defence force; a local government council or local government unit or a committee of such council or unit; a council, Board , society or committee established by law for the control and regulation of any profession; a public commission, association or similar body whether corporate or not, established by or under any law; national security organisations; and any other person, office or body that administers public funds on behalf of the public.

Section Independence of Inspectorate Section The Inspectorate shall be independent in the performance of its functions and shall not be subject to the direction or control of any person or authority and shall only be responsible to Parliament.

Section Secretary to Inspectorate Section The Secretary shall, subject to section 30(4) and to the general control of the Inspectorate — The Inspectorate shall have a secretary who shall be appointed by the President acting on the advice of the Public Service Commission and who shall hold office upon such terms and conditions as are applicable to a permanent Secretary . The Secretary shall be a person qualified to be appointed to the office of Permanent Secretary . be responsible for giving effect to the policy decisions of the Inspectorate and the day to day administration and management of the affairs of the Inspectorate and the control of the other staff of the Inspectorate ; be responsible for arranging the business for and the recording and keeping of the minutes of all decisions and proceedings of the Inspectorate at its meetings; and perform any other function assigned to him or her by the Inspector General .

Section Other staff Section The Inspectorate shall have such other officers and employees as may be necessary for the efficient and effective performance of its functions under this Act. All officers and employees of the Inspectorate other than the Secretary shall be appointed by the Board upon such terms and conditions as the Board may determine. The Inspectorate may, in the performance of its functions under this Act and on such terms and conditions as the Inspectorate may determine, engage the services of or work in consultation with professional or technical experts or consultants, whether in the public service or not, to enhance the performance of the Inspectorate .

Section Oath of Secretary and other staff Section The Secretary and any other officer or employee of the Inspectorate shall, before assuming the duties of his or her office, take and subscribe the oath set out in Part B of Schedule 2 to this Act. The oath shall, in the case of the Secretary , be administered by a judge of the High Court and in the case of any other member of staff, by the Inspector General or such other person as the Inspector General may authorise in writing.

Section Rules of procedure Section The Inspectorate may, by statutory instrument signed by the Inspector General , prescribe rules of procedure generally for the conduct of investigations and for any matter that is necessary for the efficient performance of the functions of the Inspectorate under this Act. In particular but without prejudice to the general effect of subsection (1) , rules made under this section may prescribe fees in respect of any thing to be done under this Act and the forms to be used in connection with the functions of the Inspectorate under this Act or under Chapter Thirteen of the Constitution .

Section Limitation on investigations by Inspectorate Section The Inspectorate 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 Inspectorate is satisfied that— the complainant has at any material time had the right or opportunity of obtaining relief or redress by means of— 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 civil matter which is before court at the commencement of the Inspectorate ’s investigations; any matter relating to the exercise of the prerogative of mercy; or be prejudicial to the security, defence or international relations of Uganda; or involve the disclosure of proceedings and deliberations of the Cabinet or a committee of Cabinet relating to matters of a secret or confidential nature and would be injurious to the public interest. an application or representation to any executive authority; an application, appeal, reference or review to or before a tribunal established by law; or proc...

Section Conduct of investigations Section The procedure for conducting an investigation shall be such as the Inspectorate considers appropriate in the circumstances of each case, and without prejudice to the generality of the foregoing, the Inspectorate may obtain information from such person and in such manner, and make such inquiries as it considers necessary. An official or other agent of the Inspectorate shall not communicate or divulge to any person any information which has come to his or her knowledge in the course of his or her duties, otherwise than in the performance of his or her duties under this Act. No person who is not an official or other agent of the Inspectorate shall communicate or divulge to any person any information referred to in subsection (2) , except with the approval of the Inspectorate or when ordered by a court or when otherwise required or authorised by law. A person who contravenes subsection (2) or (3) commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Section Effect of findings and recommendations of Inspectorate Section The proceedings, findings, recommendations, investigations or inquiries by the office of the Inspector General shall not be held null and void by reason only of informality or irregularity in the procedure and shall not 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 , Deputy Inspector General , an officer or any other person employed or authorised to execute the orders or warrants of the Inspectorate for anything done in good faith and in the course of the performance of his or her duties under this Act. Subject to the provisions of this Act, no officer or person serving in the Inspectorate 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 Inspectorate 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 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 Inspectorate 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 Inspectorate shall cause the oral complaint to be translated into a written one; and signed or thumb printed by the complainant. No complaint or allegation shall be received by the Inspectorate unless it is made within a period of 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 d...

Section Right to be heard Section Except as provided in subsections (2) and (3) , no person shall, as of right, be entitled to be heard before the Inspectorate . Where the Inspectorate conducts an investigation as a result of a complaint or allegation under this Act, the Inspectorate shall give the head of the public office concerned and any other person who is the subject to the complaint or allegation, an opportunity to reply to the complaint or allegation made against him or her. No matter that is adverse to any person, or public office shall be included in a report of the Inspectorate unless the person or head of that office has been given a prior hearing.

Section Procuring information and appearance of witnesses Section Subject to this Act, the Inspectorate may— summon any person who, in the opinion of the Inspectorate , is able to give information relating to any matter relevant to the inquiry being conducted by it, to appear before the Inspectorate 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 by order in writing, summon that person to appear before the Inspectorate at a specified time and place and to be examined on oath. The oath referred to in subsection (1) shall be in Form 4 specified in Schedule 3 to this Act. The summons issued under subsection (1) shall be in Form 5 specified in Schedule 3 to this Act. Where a person is to be examined on oath under this section, any officer duly authorised by the Inspectorate 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 Inspectorate 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 witnesses to appear Section Where a person on whom a summons under section 25 has been duly served does not appear at the specified time and place, and the Inspectorate 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, A person apprehended under subsection (1) shall, within twenty-four hours of his or her arrest or soon thereafter as is practicable, be brought before the Inspectorate .

Section Witness allowances Section The Inspectorate may pay to any person summoned before it under this Act, such allowances or sums in respect of expenses properly incurred by that person as the Inspectorate may consider appropriate.

Section Reports of Inspectorate Section The Inspectorate shall submit to Parliament, at least once in every six months, a report on the performance of its functions, making such recommendations as it considers necessary and containing such information as Parliament may require. A copy of the report referred to in subsection (1) shall be forwarded by the Inspectorate to the President; and where any matter contained in the report relates to the administration of any local authority, an extract of the portion of the report on the matter shall be forwarded to that local authority. The Speaker shall lay before Parliament, any report submitted under subsection (1) within thirty days after it has been submitted and if Parliament is not in session, within thirty days after the commencement of its next following session.

Section Action on report Section Upon receipt of a report under section 28 , Parliament may take or cause to be taken such action on the report as it may consider appropriate. Upon receipt of a copy of a report of the Inspectorate under section 28 , the President may take or cause to be taken against the public officer or other person in respect of whom the report is made, such action as may be taken under or in accordance with any written law.

Section Resources of Inspectorate Section Parliament shall ensure that adequate resources and facilities are provided to the Inspectorate to enable it to perform its functions effectively. Subject to Article 223(8) of the Constitution , the Inspectorate shall have an independent budget appropriated by Parliament and controlled by the Inspectorate . The budget of the Inspectorate shall cover the salaries and allowances of the Secretary and other staff of the Inspectorate , the expenses of running the headquarters and branches of the Inspectorate and such other expenses of or connected with the operations of the Inspectorate as Parliament may approve. The budget shall be prepared annually by the Secretary and, upon approval by the Inspectorate , it shall be submitted to Parliament for its approval under Article 229 of the Constitution . Upon approval of the budget by Parliament, the money approved in the budget shall be charged on the Consolidated Fund. The funds of the Inspectorate may, with the approval of the Minister responsible for finance, include grants and donations to enable the Inspectorate to discharge its functions effectively. Subject to Article 229 of the Constitution ,...

Section Signification of acts of Inspectorate Section Subject to this Act, where any instrument or document is required or authorised to be issued by the Inspectorate or any act is required or authorised to be done by the Inspectorate , in the performance of its functions under this Act, the instrument or document or act may be signed, executed or done by the Inspector General or a Deputy Inspector General or by any person authorised in writing by the Inspector General or by a Deputy Inspector General .

Section Seal of Inspectorate Section The Inspectorate shall have a seal which shall be in such form as the Inspectorate may determine and shall, subject to the provisions of any law, be applied in such circumstances as the Inspectorate may determine.

Section Protection of informers and witnesses Section A person who provides information to the Inspectorate shall be protected, and his or her identity shall not be disclosed and may be rewarded for his or her information and paid an amount of five percent of the money recovered consequent upon his or her information to the Inspectorate . A person who, in good faith, gives any information to the Inspectorate or assists it in the exercise of its functions shall not be punished in any way for doing so. Any person who unlawfully discloses the identity of an informer or victimises a person for giving information to or assisting the Inspectorate , commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding two years, or both.

Section Offences Section Any person who— wilfully and without lawful justification or excuse disobeys an order of the Inspectorate for his or her appearance 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 Inspectorate ; without reasonable excuse, refuses or fails to comply with any order or direction of the Inspectorate ; knowingly presents to the Inspectorate 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 Inspectorate ; creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the Inspectorate ; or without lawful justification or excuse, wilfully obstructs or hinders a person acting in the exercise of powers conferred by this Act,

Section Personation of member or official of Inspectorate Section Any person who with intent to defraud or deceive, falsely represents himself or herself as a member or official or agent of the Inspectorate , commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Section General penalty Section Any person who does any act with intent to frustrate or obstruct the discharge of the functions of the Inspectorate , commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points or to imprisonment for a term not exceeding one year, or both.

Section Power to amend Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

Section Regulations Section The Inspectorate may, by statutory instrument made by the Inspector General , make regulations in respect of anything required or authorised to be done by the Inspectorate under this Act, and generally for the better carrying out of the functions of the Inspectorate . Any regulations made under this section may prescribe as a penalty for an infringement of the regulations, a fine not exceeding one hundred currency points or imprisonment not exceeding two years, or both; and such regulations may also prescribe in relation to a continuing offence, an additional penalty of a fine not exceeding ten currency points in respect of each day on which the offence continues. Any regulations made under this section shall be laid before Parliament within twenty-one days after publication in the Gazette and shall cease to have effect if Parliament annuls them within twenty-one days after they are laid, without prejudice to the operation of the regulations before the annulment. Any period specified in subsection (3) shall not run during any time when Parliament is not sitting.