Leadership Code Act

Section Interpretation Section In this Code, unless the context otherwise requires— “ agent ” in relation to the business or affairs of a leader or public officer , means a person whose decisions or acts are such that they are, in essence made or done by the leader or public officer himself or herself; or the person who manages and controls the business or affairs of which the leader or public officer is the principal beneficiary; “ asset ” means a thing owned by a person such as property, which has value and can be sold or used to pay a debt; “ authorised person ” means a person or body authorised by law to discipline a leader or a public officer in relation to whom the expression is used; “ benefit ” includes a gift , payment, subscription, advance, loan, commission, forbearing, gratuity or favour, whether monetary or in kind, rendering services or deposit of money or anything of value including food, lodging, transportation or entertainment or reimbursement; “ child ” means a person under eighteen years of age; “ conflict of interest ” refers to a situation where a leader or a public officer has got to make a decision between his or her personal interest and the public interest;...

Section Failure to submit correct information Section A leader or public officer who knowingly or recklessly submits a declaration or gives an account of any matter which is false, misleading or insufficient in any material particular, commits a breach of this Code.

Section Declaration to be public Section The application in subsection (2) shall contain— The Inspectorate shall only grant access to a declaration submitted under this Code on being satisfied that— The Inspectorate shall, within twenty-one days of receipt of the application in subsection (2) — The contents of a declaration under this Code shall be treated as public information and shall be accessible by the public in accordance with this section. A person intending to access a declaration submitted by a leader or a public officer shall make a written application to the Inspectorate , accompanied by the prescribed fee. the particulars of the applicant; the physical address of the applicant; the name of the leader or the public officer whose declaration the applicant seeks to access; a statement that the applicant will not disclose the contents of the declaration to any other person; and a list of the income, assets or liabilities the applicant reasonably believes was not included in the declaration submitted by a leader or a public officer . the access to the declaration will help in the enforcement of this Code or any other law; and the applicant will not disclose the contents of...

Section Enforcement of Code Section The Leadership Code shall be enforced by the Inspectorate and the Tribunal .

Section Functions of Inspectorate Section In enforcing this Code, the Inspectorate shall carry out the following functions— receive, examine and verify declarations lodged with it under this Code; investigate or cause an investigation to be conducted into any alleged breach of this Code; make a report on any breach of this Code and refer the matter to the Tribunal for adjudication; prosecute breaches of this Code before the Tribunal ; make a report to the Directorate of Public Prosecutions on offences committed under this Code; recommend awards, disbursements and such payments or rewards as it may consider appropriate in connection with any assistance rendered in the enforcement of this Code; collaborate with other Government agencies to facilitate the enforcement of this Code; investigate the actions or omissions of a former leader or public officer for breach of this Code; and carry out any other functions prescribed under this Code.

Section Declaration of income, assets and liabilities by leader Section A person shall— Notwithstanding anything to the contrary, a leader shall only declare income, assets or liabilities— In this section, a leader shall be taken to have an interest where— in case of an income or assets— A leader shall, every two years, during the month of March, submit to the Inspectorate a written declaration of the leader ’s income, assets and liabilities in the prescribed form. within three months after becoming a leader ; and thereafter every two years, during the month of March, A leader shall, before the expiration of his or her term of office, declare his or her income, assets and liabilities, if his or her term of office expires six months after his or her last declaration . A leader shall state how he or she acquired or incurred, as the case may be, the income, assets or liabilities included in a declaration submitted to the Inspectorate . in which he or she has an interest; or which are owned by any other person but were, with or without consideration, bequeathed, donated, sold, assigned or transferred by the leader having been declared as his or her income, assets or liabilities in a pr...

Section Declaration of income, assets and liabilities by public officer Section A public officer who is not a leader and to whom section 4 does not apply, shall— In this section, a public officer shall be taken to have an interest where— in case of an income or an asset — The Inspectorate shall, within seven days of making the decision to verify the contents of a declaration under subsection (8) — The Inspectorate may, in verifying the contents of a declaration submitted by a public officer — within three months after appointment to the public service ; and thereafter, every five years during the month of April, submit to the Inspector General , a written declaration of his or her income, assets and liabilities in the prescribed form. For the purposes of a declaration under subsection (1) , the public officer shall only declare the income, assets and liabilities in which he or she has an interest. it is owned by the public officer ; it is jointly owned by the public officer with another person; it is held in trust by the public officer for another person; or it is contained in a joint account for the benefit of the public officer and another person; in case of a liability , it was...

Section Prohibition of anticipatory declaration of income, assets and liabilities Section A leader or public officer who includes in a declaration submitted to the Inspectorate , income, assets or liabilities that he or she does not own or has not yet acquired or has no interest in, at the time he or she makes a declaration , commits a breach of this Code.

Section Verification of declaration Section The Inspectorate shall, within seven days of making the decision to verify the contents of a declaration under subsection (1) — The Inspectorate may, in verifying the contents of a declaration submitted by a leader — The Inspectorate may verify the contents of a declaration submitted by a leader under this Code. by notice in writing, inform the leader of the decision; and appoint a date on which the verification shall commence. access any document relating to the income, assets and liabilities declared by the leader in possession of the leader or any other person or institution; access the physical location of all immovable property declared by the leader ; require the production of any document relating to the income, assets and liabilities declared by the leader ; access bank accounts or any other financial records relating to a declaration made by the leader ; or do any other act necessary for the enforcement of this Code. A leader whose declaration is being verified may, during the verification process, be present personally or be represented by any person of his or her choice. The Inspectorate shall, three months after carrying out a...

Section Request for verification of leader or public officer Section A person who— obtains a declaration under section 11 ; has reason to believe that the declaration made by a leader or a public officer does not reflect the actual income, assets or liabilities of the leader or the public officer ; or has information concerning the income, assets or liabilities of a leader or a public officer ,

Section Power of Inspector General to require clarification Section The Inspector General may, by notice in writing, require a leader or public officer to account for any matter in connection with a declaration submitted by him or her, including— A leader or public officer who, without reasonable cause, fails to comply with the Inspector General ’s request for clarification within sixty days after receipt of the notice, commits a breach of this Code and is liable to— the omission of anything in the opinion of the Inspector General , that should have been included in the declaration ; or any discrepancies appearing in the declaration , or occurring between the declaration and any other statement or information available to the Inspector General , pay a fine not exceeding ten currency points per month for the initial three months after the failure to comply with the request for clarification under subsection (1) ; pay a fine not exceeding twelve currency points per month for the next two months after the request referred to in paragraph (a) ; have his or her emoluments withheld until he or she complies with the request for clarification referred to in paragraph (1)(b) ; and a warning...

Section Gifts or benefits in kind Section A gift or donation to a leader or a public officer on any public or ceremonial occasion, or commission to a leader or a public officer on any transaction shall be treated as a gift or donation or commission to the Government or institution represented by the leader or the public officer and shall be declared to the Inspector General ; and the Government or institution shall keep an inventory of any such gifts or donations. A leader or a public officer may accept a personal gift or donation from a relative or personal friend to such an extent and on such occasion as is recognised by custom. Notwithstanding the provisions of this section, a leader or a public officer may accept a gift if the gift is in the nature of a souvenir or ornament and does not exceed five currency points in value. Where a leader or a public officer receives a gift or other benefit of a value of ten currency points or above from any one source in a twelve consecutive months period, the leader or the public officer shall disclose that gift or benefit to the Inspector General . Where a leader or a public officer is in doubt as to the need for a declaration or the appropr...

Section Prohibited conduct Section A leader or a public officer who directly or indirectly accepts any property or gift which influences or is likely to influence the leader or the public officer to do a favour for any person commits a breach of this Code.

Section Prohibited contracts Section A leader , a spouse or an agent of a leader , or a private company, public company or business enterprise in which the leader , or a spouse or agent of a leader has a controlling interest shall not seek, accept or hold any contract with— A leader who contravenes subsection (1) breaches this Code and shall— a Government or public body which the leader controls or participates directly in the decision making of its affairs; or a foreign business organisation where the contract is likely to be in conflict with the public interest. vacate office; or be dismissed from office.

Section Conflict of interest Section A conflict of interest arises where— A leader or a public officer whose personal interest conflicts with his or her official duties shall— Notwithstanding any direction to the contrary under subsection (3)(a) , a leader or a public officer shall not influence the award of a contract A leader or a public officer who, in the course of his or her official duties, deals with a matter in which he or she or his or her immediate family has a direct or indirect interest or is in a position to influence the matter directly or indirectly and who knowingly fails to disclose the nature of that interest and votes or participates in the proceedings of a public body , board, council, commission or committee, commits a breach of this Code. a leader or a public officer deals with a matter in which he or she has a personal interest where he or she is in a position to influence the matter, directly or indirectly, in the course of his or her official duties; the position the leader or the public officer holds and the services he or she provides to a person or private body is in conflict with his or her official duties; a leader or a public officer participates in t...

Section Abuse of public property Section Notwithstanding the provisions of subsection (3) , a leader or a public officer who knowingly misuses or allows public property entrusted to his or her care to be misused or abused or left unprotected may, in addition to the sanctions under that subsection be— A leader or a public officer shall protect and preserve public property under his or her personal use and shall not use such property or allow its use for any other purpose other than the authorised purpose. In this section, “public property” includes any form of real or personal property in which the Government or a public body has ownership; plant, equipment, leasehold, or other property interest as well as any right or other intangible interest that is purchased with public funds, including the services of contractor personnel, office supplies, telephones and other telecommunications equipment and services, mail, automated data, records of Government or a public body and vehicles. A leader or a public officer who knowingly misuses or allows public property entrusted to his or her care to be misused, abused or left unprotected shall make good the loss occasioned to the property and t...

Section Misuse of official information Section Any leader or public officer who contravenes the provisions of this section commits a breach of this Code and is liable to— Without derogating from any other written law, a leader or a public officer shall not directly or indirectly use or allow any person under his or her control to use for furthering any private interest, whether financial or otherwise, any information obtained through or in connection with the office of the leader or the public officer and not yet made available to the public. Subsection (1) does not apply to the use of the information referred to in that subsection for the purpose of educational, research, literary, scientific or other similar purpose not prohibited by law. be warned or cautioned; demotion; dismissal; or vacate office.

Section General prohibited conduct Section Without derogating from any other written law, a leader or a public officer shall not— A leader or a public officer referred to in Schedule 3 to this Act shall not, except with the prior written approval of the Inspector General— use his or her official position to obtain any property including land, buildings and business interests for himself or herself or his or her spouse , child , relation, friend or agent ; act to the detriment of Government by refusing or neglecting to settle his or her lawful financial obligations to Government , any public body or any other person; be an agent of or allow himself or herself to be used to further the interest of any foreign government, organisation or individual in a manner detrimental to the interests of Uganda; practice favouritism or nepotism by giving preferential treatment to any person for personal advantage or gain for himself or herself, that of his or her relation, friend or agent , ethnic grouping or area of origin; or do or direct to be done in abuse of his or her office, any act prejudicial to the rights of any person or obtain an unfair advantage over his or her subordinate including a...

Section Future employment Section A leader or a public officer shall not allow himself or herself to be influenced in the pursuit of his or her official duties and responsibilities by plans or expectations for or offers of future employment. A leader or a public officer shall disclose in writing to the Inspector General , all offers of future employment that could place the leader or the public officer in a position of conflict of interest . A leader or public officer who accepts an offer of future employment shall immediately disclose in writing to the Inspector General as well as to the authorised person , the acceptance of the offer, and in such event, where it is determined by the Inspector General that the leader or the public officer is engaged in significant official dealings with the future employer, the leader or public officer shall be assigned other duties and responsibilities immediately. A leader or public officer who contravenes the provisions of this section commits a breach of this Code.

Section Acts prohibited upon vacation of office Section A former leader or public officer shall not, by acting for or on behalf of any person, entity or association, offer advice or participate in a negotiation or case to which the Government or public body is a party and where the former leader or public officer acted for or advised the Government or public body . A former leader or public officer shall not use or divulge to any person, body, entity or association, information that is not available to the public concerning a programme or policy of Government or a public body or department with which he or she had a direct or substantial relationship during the period of ten years immediately prior to ceasing to be a leader or public officer . A former leader or public officer who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or to imprisonment for a term not exceeding one year, or both. Where a former leader or public officer has obtained any monetary benefit from the disclosure, court may, in addition to the penalty prescribed under subsection (3) , order that benefit to be forfeited to Gover...

Section Lodging of complaints Section On receipt of a complaint under subsection (1) , the Inspectorate shall investigate, or cause the complaint to be investigated if satisfied that— A person who alleges that a leader or public officer has committed a breach of this Code may lodge a complaint to that effect with the Inspectorate and the Inspectorate shall register the complaint. the complaint is not trivial or frivolous and is not made in bad faith; and the subject matter of the complaint is not outside the jurisdiction of the Inspectorate . The Inspectorate shall, upon completion of an investigation and being satisfied with the circumstances set out under subsection (2)(a) and (b) , inform a leader or public officer that a complaint has been made against him or her. The Inspectorate ’s decision not to investigate or cause a complaint to be investigated, shall not limit the Inspectorate ’s power to make an investigation generally into a matter on its own initiative. A complainant is entitled to be informed of any action the Inspectorate intends to take or has taken in respect of his or her complaint. A leader or public officer shall, within thirty days of receipt of the notificati...

Section Report of Inspectorate Section Upon completion of an investigation under section 21(3) , the Inspectorate shall— The report of the Inspectorate under subsection (1) shall set out— in case of a finding disclosing an act or omission constituting a breach of this Code, make a report and refer the matter to the Tribunal for adjudication; in case of a finding disclosing no act or omission constituting a breach of this Code, make a report to the complainant or any other person as the Inspectorate deems fit; in case of a finding disclosing an act or omission constituting an offence under this Code or any other law, make a report to the Directorate of Public Prosecutions. the nature of the breach or offence which the leader or the public officer has been found to have committed; the circumstances of the breach or offence; a brief summary of the evidence received during the investigation of the breach or offence; and the findings. The Inspectorate shall, within seven days of submitting a report to the Tribunal , avail the report to the leader or the public officer against whom it is made and all such persons as the Inspectorate deems fit. Notwithstanding subsection (1) , where the i...

Section Establishment of Leadership Code Tribunal Section There is established a Leadership Code Tribunal . The Tribunal shall consist of a Chairperson, Deputy Chairperson and three other members, at least two of whom shall be female.

Section Functions of Tribunal Section In enforcing this Code, the Tribunal shall, in addition to any other functions under this Code, carry out the following functions— receive, examine and adjudicate— any breach of this Code referred to it by the Inspectorate ; any complaint referred to it by any person aggrieved by the decision of the Inspectorate under section 11 (7) of this Code; make a decision on any matter referred to it by the Inspectorate and submit it to the authorised person and the Inspectorate ; and make recommendations to the authorised person on disciplinary action to be taken against a leader .

Section Appointment of members of Tribunal Section The Chairperson, Deputy Chairperson and other members of the Tribunal shall be appointed by the President, acting on the advice of the Judicial Service Commission, with the approval of Parliament. A person is not qualified to be appointed Chairperson or Deputy Chairperson unless he or she is qualified to be appointed a judge of the High Court. The Deputy Chairperson shall preside over meetings of the Tribunal in the absence of the Chairperson.

Section Qualifications for appointment Section A person shall not be eligible for appointment as a member of the Tribunal unless that person— A member of the Tribunal , other than the Chairperson and Deputy Chairperson, shall— 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 caliber in the conduct of public affairs. be a holder of a degree granted by a university in Uganda or outside Uganda, that is recognised as a degree by the National Council for Higher Education; and possess at least ten years’ work experience.

Section Tenure of office Section A member of the Tribunal shall hold office for five years and shall be eligible for re-appointment for one more term only. A member of the Tribunal shall be appointed on full time basis. The appointment of a new member of the Tribunal or the re-appointment of a current member of the Tribunal shall be made at least three months before the expiry of the current term of a member of the Tribunal or within three months from the date on which the Judicial Service Commission notifies the President of the existence of a vacancy on the Tribunal .

Section Conditions of appointment Section Subject to this Act, the Chairperson or a member of the Tribunal shall hold office on such terms and conditions as are prescribed in his or her letter of appointment. A person appointed as a member of the Tribunal shall resign his or her office if he or she is serving in an office listed under Schedule 2 or 3 to this Code. Notwithstanding subsection (2) , the appointment of a Judge as a member of the Tribunal shall not affect his or her tenure of office as a Judge, or his or her rank, title, status, precedence, salary and allowances or other rights or privileges as the holder of the office of Judge of the courts of judicature and for all purposes, his or her service as a member of the Tribunal shall be taken to have been service as holder of the office of such a Judge.

Section Oath of office Section A person appointed as Chairperson or member of the Tribunal shall, before assuming the duties of his or her office, take and subscribe the Oath of Allegiance and the Judicial Oath set out in the Fourth Schedule to the Constitution .

Section Termination of appointment Section The Chairperson or a member may be removed from office by the President for— The Chairperson or a member of the Tribunal may resign his or her office upon giving notice of one month in writing to the President. inability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; incompetence; being an undischarged bankrupt; being convicted of an offence and sentenced to imprisonment for six months or more by a competent court in Uganda or other jurisdiction; or breach of any provision of this Code. The President shall remove the Chairperson or a member of the Tribunal if the question of his or her removal has been referred to a committee appointed under subsection (4) and the committee has recommended to the President that the member ought to be removed from office on any ground described in subsection (2) . The question whether the Chairperson or a member of the Tribunal should be removed, shall be referred to a committee appointed by the President consisting of three persons who are or who have held office as judges or who are advocates of at least ten years’ standing. The committee...

Section Disclosure of interest Section A member of the Tribunal who has an interest, pecuniary or otherwise in a matter before the Tribunal that could conflict with the proper performance of his or her functions, shall disclose the nature of his or her interest to the parties to the proceedings at any stage of the proceedings. A member who makes a disclosure under subsection (1) shall not take part in any decision of the Tribunal with respect to that matter. Any member of the Tribunal who fails to disclose any interest in a matter before the Tribunal and participates in the proceedings of the Tribunal commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points or to imprisonment for a term not exceeding three years, or both.

Section Official seal Section The Tribunal shall have a seal which shall be judicially noticed. The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required, by direction of the Chairperson, to be sealed with the seal of the Tribunal .

Section Arrangement of business Section Without limiting the operation of subsection (1) , the Chairperson shall give directions as to— Subject to this Act, the Chairperson is responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal . the arrangement of the business of the Tribunal ; the places at which the Tribunal may sit; the procedure of the Tribunal generally; and the procedure of the Tribunal at a particular place.

Section Quorum of Tribunal Section The quorum of the Tribunal shall be three members.

Section Remuneration Section The Chairperson and a member of the Tribunal shall be paid such remuneration as may be determined by the Minister in consultation with the Minister responsible for finance.

Section Funds, accounts and audit Section The funds of the Tribunal shall consist of— money appropriated by Parliament for the functions of the Tribunal ; grants received by the Tribunal with the approval of the Minister ; and any other money as may, with the approval of the Minister , be received by or made available to the Tribunal for the purpose of performing its functions. The funds of the Tribunal shall be administered and controlled by the registrar. The Tribunal shall keep proper books of accounts which shall be subject to audit by the Auditor General.

Section Financial year Section The financial year of the Tribunal shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section Annual report Section The Chairperson shall submit to the Minister , as soon as is practicable but not later than four months after the end of each financial year, a report detailing the Tribunal ’s activities during the year to which the report relates, including the audited accounts of the Tribunal .

Section Jurisdiction of Tribunal Section The Tribunal shall have jurisdiction to hear and determine— all breaches referred to it by the Inspectorate under section 22 ; and all complaints made by persons aggrieved by decisions of the Inspectorate under section 11(7) .

Section Powers of Tribunal Section For the purposes of proceedings before the Tribunal , the Tribunal — For the purposes of the hearing of a proceeding before the Tribunal , the Tribunal shall have powers of the High Court to summon a person to appear before it— shall take evidence on oath; may proceed in the absence of a party who has had reasonable notice of the proceedings; may adjourn the hearing of the proceedings for sufficient cause; and may make any order which it deems appropriate to give effect to its orders. to give evidence; or to produce books, documents or things in the possession, custody or control of the person named in the summons. Where the Tribunal considers it desirable for the purposes of avoiding expense or delay, or for any other justifiable reason, it may receive evidence by affidavit and administer interrogatories and require the persons to whom interrogatories are administered to make a full and true reply to the interrogatories. The Tribunal may issue a commission or request to examine witnesses abroad. The Tribunal may make an order as to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court.

Section Procedure Section Subject to this Act, the Tribunal may determine its own procedure. A proceeding before the Tribunal shall be conducted with as little formality and technicality as possible, and the Tribunal shall not be bound by the rules of evidence, but may inform itself on any matter in such manner as it considers appropriate. The proceedings of the Tribunal shall be conducted in accordance with such rules of practice and procedure as the Tribunal may specify, and the Tribunal may apply the rules of practice and procedure of any court subject to such modifications as the Tribunal may direct. The Tribunal shall have such assistance in carrying out its lawful summons, processes, orders, rules, decrees or commands as is available to a court in Uganda.

Section Representation before Tribunal Section In any proceedings before the Tribunal , a party may appear in person or may be represented by an advocate or a person of his or her choice.

Section Decision of Tribunal Section The Tribunal shall, as soon as practicable, after the hearing has been completed, make a decision in writing and state the reasons for the decision. The Tribunal shall, within seven days of making a decision in subsection (1) , avail it to the Inspectorate, the leader or public officer against whom the proceedings were instituted and any other person as the Tribunal deems fit. Where the Tribunal finds that a leader or public officer has contravened any of the provisions of this Code, it shall impose upon that leader or public officer any of the punishments specified in section 63 .

Section Appeals to High Court from decisions of Tribunal Section A party who is aggrieved by the decision of the Tribunal may, within thirty days after being notified of the decision in section 43 , appeal that decision to the High Court. The High Court shall hear and determine the appeal and shall make such orders as it considers appropriate by reason of its decision, including an order affirming or setting aside the decision of the Tribunal or an order remitting the case to the Tribunal for reconsideration.

Section Registrar of Tribunal Section There shall be a Registrar of the Tribunal , who shall be a person qualified to be a Registrar of the High Court and who shall be appointed by the Minister in consultation with the Judicial Service Commission. The Registrar shall be responsible for the day-to-day administration of the affairs of the Tribunal , the keeping of a public record of the proceedings of the Tribunal and the processing of the documents of the Tribunal .

Section Appointment of other officers and staff Section There shall be officers and staff of the Tribunal as may be necessary for the effective performance of the functions of the Tribunal . The officers and staff of the Tribunal shall be appointed by the Public Service Commission on terms and conditions determined by the Public Service Commission.

Section Failure to comply with summons Section Any person who has been served with summons issued by the Registrar— to appear as a witness before the Tribunal ; or to produce a book, document or thing,

Section Contempt of Tribunal Section Any person who— insults a member in, or in relation to, the exercise of his or her powers or functions as a member of the Tribunal ; interrupts the proceedings of the Tribunal ; creates a disturbance, or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court,

Section Action on decision of Tribunal Section The Registrar of the Tribunal shall inform the authorised person in writing, of the decision of the Tribunal , within thirty days after the date of the decision. The authorised person shall, within thirty days of receipt of the decision under subsection (1) , take action as directed by the Tribunal. The authorised person shall report to the Tribunal in writing within fourteen days after the expiration of the thirty days referred to in subsection (2), of the action taken by him or her. Notwithstanding subsection (2) , where the grounds or procedure for the dismissal or removal from office of a leader is prescribed under the Constitution , the decision of the Tribunal to the authorised person shall be a recommendation to the authorised person to exercise such disciplinary action as prescribed under the Constitution . Notwithstanding anything to the contrary, where a leader or public officer is dismissed or removed from office for misbehaviour or misconduct under any law, a breach of this Code shall constitute misbehaviour or misconduct under that law. Where any disciplinary action is recommended by the Tribunal , the authorised person sh...

Section Forfeiture and compensation Section Where, according to the decision of the Tribunal under section 49 , a leader or public officer is proved to have obtained any property through a breach of this Code, the leader or public officer shall, subject to any appeal which the leader or public officer may make under section 44 , forfeit the property by virtue of the decision of the Tribunal and the property shall be held in trust for the Government or the public body by an agent or broker appointed by the Tribunal, until it is lawfully disposed of. The Tribunal may order the leader or public officer referred to in subsection (1) to pay, by way of compensation to Government or a public body, a sum which in his or her opinion is just, having regard to the loss suffered by the Government or public body and such order shall be deemed to be a decree under section 25 of the Civil Procedure Act and shall be executed in the manner provided under section 39 of that Act.