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Reform of Corruption Laws

Reform of the Inspectorate of Government Act

Inspectorate of Government Act 2026

An Act to repeal the Inspectorate of Government Act 2002 (as amended) and to make provisions for the Inspectorate of Government in line with Chapter Thirteen of the Constitution and in particular to give effect to the provisions of that Chapter as required by articles 225, 226 and 232 of the Constitution and to provide for other related matters.

 

DATE OF ASSENT:                             10th May 2026

Date of commmencement              10th May 2026

BE IT ENACTED by Parliament as follows:

PART I – PRELIMINARY

Short title

  1. This Act may be cited as the Inspectorate of Government Act, 2026.

Interpretation

  1. In this Act, unless the context otherwise requires –

“Appointments board” means the Inspectorate of Government Appointments Board established under Section 7 of this Act;

“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 or misuse of public office or public resources or contractual rights extended to the state or part of the state for private gain (whether of the individual or another person) or by a failure to exercise sufficient skill and care in executing public duties 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; [1]

“Currency point” has the value of 400,000 shillings or any other higher value given to it in the First Schedule to this Act;[2]

“Deputy Inspector-General” means a Deputy Inspector-General of Government referred to in Section 3 of this Act;

“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 of this Act and includes a Deputy Inspector-General;

“Minister” means the Minister of Ethics but shall mean the Inspector General of Government where the Minister fails to act with three months of being moved by the Inspectorate of Government.

PART II – THE INSPECTORATE OF GOVERNMENT

  1. There shall be an Inspectorate of Government created in line with Article 223 of the Constitution of Uganda.

 

  • The Inspectorate shall be a body corporate with the ability to sue and be used, common seal and succession composed of-
  1. The Inspector-General of Government; and
  2. Three Deputy Inspectors-General.[3]

 

  • The Inspector-General of Government and at least one of the persons referred to in subsection (1) of this section shall be a person qualified to be a Judge of the High Court and an appointment as an Inspector-General or Deputy Inspector-General shall amount to an appointment as Judge of the High Court on lapse of service as an Inspector-General or Deputy Inspector-General.[4]

 

  • A person shall not be eligible for appointment as Inspector-General or Deputy Inspector-General unless that person;
  1. is a citizen of Uganda;
  2. is a person of high moral character and proven integrity; and
  3. Possesses a more “than qualified” rating from a professional body created by an Act of Parliament to which she or he belongs;

 

  • A person shall resign his or her office on appointment as an Inspector-General or a Deputy Inspector-General except that a judge who is appointed as Inspector-General or a Deputy Inspector-General shall automatically take a leave of absence for the period that he or she holds the office of Inspector-General or Deputy Inspector-General.

 

  1. Appointment of the Inspector-General and a Deputy Inspector-General.
  • The Inspector-General and all the Deputy Inspector-Generals shall be appointed by the President with the approval of Parliament and shall not, while holding office serve in any other office of emolument in the public office.

 

  • For the avoidance of doubt, the Inspectorate shall, subject to the Constitution be a public office.

 

  • The Inspector-General and a Deputy Inspector-General shall hold office for two-term of four years each and shall be automatically for re-appointment a second term on the lapse of the first one except the president with approval of a Special Majority of two-thirds of the Members of Parliament including at least half of the opposition members may stop reappointment for a second term under this Section.

 

  • Where the Inspector-General and a Deputy Inspector-General are not reappointed after serving for one term or after serving the maximum two terms, he or she shall become a judge in a High Court determined by the Chief Justice in consultation with the person.

 

  • Where a person appointed as the Inspector-General and a Deputy Inspector-General served as a judge or Judicial Officer immediately prior or not more than five years prior to his or her appointment, that person shall Immediately become a Judge of the court one level above the court he or she served on prior to his or her appointment as the Inspector-General and a Deputy Inspector-General.

 

  • The President shall choose the Inspector-General and a Deputy Inspector-General with full knowledge of the effect of subsection 4 above and expressly certify consent to the extra appointments in the Instrument appointing the Inspector-General and a Deputy Inspector-General.

 

  • 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 except that the remuneration of the Inspector-General and Deputy Inspector-General shall not be varied to their disadvantage during their service.[5]

 

  • The remuneration of the Inspector-General and Deputy Inspector-General shall not be subject to taxation.

 

  1. Removal of Inspector-General and Deputy Inspector-General
  • 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-
  1. Inability to perform the functions of his or her office arising from infirmity of body or              mind or
  2. Misconduct, misbehavior or conduct unbecoming of the holder of the office; or

 

  • The special tribunal referred to under sub-section (1) shall consist of a Justice of the Supreme Court, who shall be the Chairperson and three other persons, two of whom shall be appointed by Parliament on advise of Parliament and another by the Inspector-General and Deputy Inspector-General from among other judges.

 

  • On receiving complaints about the Inspector-General or the Deputy Inspector-General, the President shall refer the matter to Parliament to constitute the special tribunal to investigate the matter.

 

  • The President shall remove the Inspector-General or 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 Deputy Inspector General is referred to the special tribunal, the President shall suspend the Inspector-General or Deputy Inspector-General from performing the functions of his or her office pending the investigations;

 

  • A suspension under sub-section (5) shall cease to have effect if the special tribunal advises the President that the officer should not be removed from office except that it shall not be in effect for a period exceeding four months.

 

  1. Oath of Office

 

  • A person appointed Inspector-General or Deputy Inspector-General shall, before assuming the duties of his or her office, take and subscribe to the oath specified in Part A of the Second Schedule to this Act.

 

  • The oath shall be administered by the President or the Chief Justice, whoever is available.

 

  1. Acting Inspector General of Government.
  • Where the Inspector General of Government is on suspension within this Act or has not been appointed by the President or confirmed by Parliament, the most senior Deputy Inspector General of Government in terms of duration of service within the Inspectorate shall become acting Inspector General of Government until a new Inspector General of Government is appointed and confirmed by Parliament.

 

  • Where the term of the Deputy Inspector General of Government lapses while serving as Inspector General of Government, the next most senior Deputy Inspector General of Government shall become acting Inspector General of Government.

 

  • In the unlikely situation where there is no Deputy Inspector General of Government to serve as acting Inspector General of Government, staff of the IG shall decide amongst the Directors or other senior officers who shall serve as acting Deputy Inspector General of Government and the most senior acting Deputy Inspector General of Government shall serve as Inspector General of Government.

 

  • Where the IG staff have to decide the person serving as acting Deputy Inspector General of Government, they shall vote in their directorates such that the person who wins the majority in each specific Directorate shall be taken to have earned one vote. The officer with most directorates won shall be considered to be the choice of the IG staff to serve as acting Deputy Inspector General of Government.

 

  • The president may at any time during the operation of this section appoint a substantive Deputy Inspector General of Government or Inspector General of Government to stop the operation of this section.

 

  • Any person serving under the operation of this section in an acting capacity shall not serve for more than six months but shall be entitled to all the privileges of the office in which he or she is acting except the right to become a Judge of the High Court.

 

  1. Inspectorate of Government Appointments Board
  • There is established an Appointments Board consisting of the following-
  1. The Inspector-General who shall be the Chairperson of the Board except that in his or absence the most senior Deputy Inspector-General shall serve as chairperson.
  2. Every Deputy Inspector-General;
  3. The Secretary;
  4. The Chairperson of the Public Service Commission or a member of that Commission authorized by the Chairperson in writing;
  5. The Permanent Secretary of the Ministry responsible for the public service; and
  6. Two representatives of Civil Society Organizations appointed by the members;
  7. Two other members appointed by the President one of whom shall be a woman.
  8. Two representatives of staff appointed by staff for a term of two years whose membership shall be excluded only where the decisions before the Appointments board relate to their individual terms of employment.

 

  • The quorum of the board shall be nine including the Chairperson of the Board.

 

  • The functions of the Appointments Board shall include-
  1. The management of the IG staff and their terms of service shall be vested in the appointments board;
  2. The establishment of posts within the Inspectorate and the appointment of staff in accordance with this Act;
  3. The making of regulations for the discipline of officers of the Inspectorate and other employees of the Inspectorate; and
  4. The performance of any other functions that Parliament may by resolution assign to the Board.
  5. The staff shall be appointed on the basis of their integrity and competence.

PART III – FUNCTIONS OF INSPECTORATE

  1. Functions of Inspectorate
  • Pursuant to the provisions of the Constitution and to this Act, the functions of the Inspectorate are
  1. To promote and foster strict adherence to the rule of law and principles of natural justice in administration;
  2. To eliminate and foster the elimination of corruption, abuse of authority and of public office;
  3. To promote fair, efficient and good governance in public offices;
  4. To enforce the Leadership Code of Conduct;
  5. To 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 for administrative functions;
  6. To 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;
  7. To 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 procedures employed in the execution of such functions uphold, encourage or interfere with the rules .of law in Uganda;
  8. To investigate the conduct of any public officer which may be connected with or conducive to-
  9. the abuse of his or her office or authority;
  10. the neglect of his or her official duties;
  • economic malpractices by the officer;

 

  1. To take necessary measures for the detection and prevention of corruption in public offices and in particular-
  2. To examine the practices and procedures of those offices in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedure which, in the opinion of the Inspectorate may be conducive to corrupt practices;

 

  1. To advise those offices on ways and means of preventing corrupt practices and on methods of work or procedure conducive to the effective performance of their duties and which, in the opinion of the Inspector-General, would reduce the incidence of corruption;

 

  • To disseminate information on the evil and dangerous effects of corruption on society;

 

  1. To enlist and foster public complaints of alleged or suspected corrupt practices and injustices and make recommendations for appropriate action on them; and

 

  1. To perform any other functions that Parliament may prescribe.

 

  • The Inspectorate may investigate any matter referred to in sub-section (1) of this section, on its own initiative or upon complaint made to it by any individual or body of persons whether corporate or not and whether or not that individual or body has suffered any injustice by reason of that matter.

 

  • The Inspectorate may, in the performance of its duties under this section, investigate into the actions of any person that may have been done while that person was serving in a public office, notwithstanding that at the time of the investigation, that person has ceased to serve in that office.

 

  • The Inspectorate may in the performance of its functions under this Act delegate any of its functions to an individual or NGO or other authorities or persons at district or lower levels including any local government.

 

  • Notwithstanding the Local Governments Act or any other law, Local Governments including cities and Districts may employ District Inspectorate Generals answerable to the Inspectorate of Government to detect, combat, prevent and deter corruption except that they will be controlled and supervised by the Inspectorate of Government in executing their duties and operate under this Act though they shall be paid by the local authorities on the same terms as other Officers of the Inspectorate of Government at the same level.

 

  • The Inspectorate of Government shall hire the District Inspectorate Generals and shall exercise disciplinary control over them.

 

  • The Inspectorate of Government shall have superior jurisdiction over Local Governments and nothing in this Act shall prevent the Inspector General from taking over any investigation being conducted by the District Inspectorate Generals

 

  • The Cases investigated by the District Inspectorate Generals shall be supervised and prosecuted by the Inspectorate.

 

  • All orders and warrants shall be signed by the Inspector General.

Part III: Independence and powers of the Inspectorate of Government

  1. Jurisdiction of the Inspectorate of Government

 

  • The jurisdiction of the Inspectorate shall cover public officers and leaders serving in the following offices.
  1. The President, Prime Minister and Vice President;
  2. Government department; undertaking or service;
  3. A statutory corporation or authority including a private company receiving state funding;
  4. The Cabinet;
  5. Parliament;
  6. Courts of law including tribunals;
  7. The Uganda Police Force;
  8. The Uganda Prison Force;
  9. Government-aided school, college or other institution of learning that accesses public funds;
  10. The Uganda Peoples’ Defence Forces;
  11. The Local Defence Forces;
  12. A local Government Council or local government unit or a committee of such council or unit;
  13. A council, boards, society or committee established by law for the control and regulation of any profession;
  14. A public commission, association or similar body whether corporate or not, established by or under any law;
  15. National Security Organizations including Internal Security Organization ISO;
  16. Non-Government Organizations receiving funding to benefit members of the public; and
  17. Any other, office or body that administers public funds on behalf of the public.

 

Independence of the Inspectorate of Government

 

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

 

  1. The budget of the Inspectorate shall be presented directly to Parliament and Parliament shall pass it as presented except that Parliament may adjust it as it sees fit but any reduction to expenses directed towards funding investigations must be passed by a special Majority of three-quarters of the members of Parliament.

 

  1. All unspent appropriations of the Inspectorate of Government at the end of the Financial Year shall be transferred to the Classified Operations Fund held at Bank of Uganda. The Fund shall be audited by the Auditor-General and supervised by Parliament.

 

Branches and administrative units of the Inspectorate of Government

 

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

 

  1. The Inspectorate of Government shall have a Directorate of Classified Investigations which shall be led by two co-directors, one appointed by the Appointment board and a military officer of a rank of Brigadier General appointed by the President on the advice of management of UPDF.

 

  1. The Directorate of Classified Investigations may employ police and military officers appointed by the Appointments Board with Consent of the Commander UPDF except that:

 

  • The Military Officers appointed to the Inspectorate shall retain their ranks in the military and be considered on Special Appointment for the duration of their service.

 

  • The said military officers shall serve under the same terms as Civilian Inspectorate Officers.

 

  • The military officers in the Directorate of Classified Investigations shall not exceed forty percent of all staff of the Directorate.

 

  • Civilian officers of the Directorate shall have top-secret clearance after vetting by the relevant authorities.

 

  1. The Directorate of Classified Investigations shall investigate all complaints and inquiries related to the UPDF and Intelligence Services notwithstanding that that Institution may have Inspector Generals of their own.

 

Powers of the Inspectorate of Government

 

  1. For the purposes of performing its functions under this Act, the General Inspectorate shall have the following powers;
  2. To authorize in writing any officer under its charges to conduct an inquiry or investigation into an allegation of corruption, abuse of office and neglect of duty, and any other aspect that the Inspectorate is empowered to investigate into;
  3. To require a public officer or any other person to answer questions concerning his or her duties or those of another person;
  4. 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
  5. To do any other thing necessary for the performance of the functions of the Inspectorate under this Act.

 

  1. Search and inspect

 

  • 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, access and 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.

 

  • Without prejudice to the powers of the Inspectorate specified in section 17 of this Act, the Inspector-General, the Deputy Inspector-General or any other officer or person authorized by the Inspector-General or Deputy Inspector-General for the purpose, shall, in the performance of their functions under this Act;
  1. Search any person and retain any document or item in connection with the matter being investigated found with or on him or her;
  2. Have access to all books, returns, reports, and other documents relating to the work in any public office;
  3. At any time have access to and be able to search the premises of any public office, or of any vessel, aircraft or other vehicles, if there is reason to suspect that property corruptly or otherwise unlawfully acquired has been placed,  deposited, or concealed in it.

 

  • An officer or person conducting a search under subsection (1) of this section shall only do so on the express instruction of the Inspector-General or a Deputy Inspector General who shall issue a search warrant to that effect, in Form 1 specified in the Third Schedule to this Act.

 

  • For the purpose of exercising his or her powers of access and search under subsection (1) of this section, the Inspector-General, the Deputy Inspector-General or any other officer or person authorized for the purpose may use such reasonable force as may be necessary in the circumstances and may be accompanied or assisted by such other law enforcement officers as he or she considers necessary to assist him or her to enter into or upon the premises, vessel, aircraft or vehicle, as the case may be.

 

  • Notwithstanding any other provision of this section or any other law, the Inspectorate of Government and Deputy Inspector General of government shall have the highest level of security clearance and they shall personally investigate matters where the President certifies that the entry upon or inspection of any premises, vessel, aircraft or vehicle-
  1. Might prejudice the security, defense or international relations of Uganda or the investigation or detection of any offense; or

 

  1. Might involve the disclosure of the deliberations of the Cabinet or committee of the Cabinet relating to matters of a secret or confidential nature and would be injurious to the public interest, the Inspectorate of Government and Deputy Inspector General of government shall exercise its powers of access and search with respect to the premises, vessel, aircraft or vehicle personally.

 

  1. Special powers of Inspectorate
  • The Inspector-General or a Deputy Inspector-General may, by order signed by him or her authorize 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) of this section 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 authorized officer or person.

 

  • An order 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 Deputy Inspector General may specify.

 

  • Any person who willfully and unlawfully refuses to comply with an order issued under this section commits an offence and is liable on conviction, to a fine not exceeding one hundred fifty currency points or imprisonment not exceeding three years or both.

 

  • The Inspectorate shall have the power to investigate, cause investigation, arrest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office.

 

  • The Inspector-General may, during the course of his or her duties or as a consequence of his or her findings, make such orders and give such directions as are necessary and appropriate in the circumstances.

 

  • The Inspectorate shall, when enforcing the Leadership Code of Conduct, have all the powers conferred on it by this Act in addition to any other powers conferred by law.

 

  • Notwithstanding any law, the Inspectorate shall not require the consent or approval of any person or authority to prosecute, or discontinue proceedings instituted by the Inspectorate.

 

  • In all cases prosecuted by the Inspector-General of Government, he or she shall exercise the same powers of appeal as exercised by the Director of Public Prosecutions.

 

Part IV: Administrative Orders, the Inspectorate of Government Tribunal and database.

  1. The Inspectorate of Government may make any such administrative orders as deems fit to combat, prevent and deter corruption except that it shall provide a fair hearing through the Inspectorate of Government Tribunal that will adjudicate administrative action contemplated by the Inspectorate of Government.

 

  • The Inspectorate of Government Tribunal shall be presided over by Administrative Judges appointed by the Appointments Board except that the said judges must qualify to be Magistrates.

 

  • The administrative Judges shall be paid at the same scale as Magistrate Grade one or Chief Magistrate depending on seniority and ability in the ordinary course of promotions.

 

  • The administrative proceedings shall be concluded within two months of being initiated and the decision of the Administrative Judge maybe reversed by a unanimous decision of the IGG and DIGGs.

 

  • The decision of IG through the Inspectorate of Government Tribunals may be appealed to the High Court and Court of Appeal on a point of Law only but must be implemented pending appeal.

 

  • Where the administrative decision taken by the Inspectorate of Government is the dismissal of a public officer, the decision shall take effect regardless of any other procedure put in place for the discipline of public officers by the appointing authority.

 

  • The Administrative Judges employed under this Act shall be bound by the same rules of procedure, independence, impartiality and code of conduct as other judicial officers and shall receive the same security of tenure during the length of their contracts and tax deference as other judicial officers.

 

  • Regardless of section 25 above, nothing in this section shall be read as derogating from special protection for removal of office granted by other laws.

 

  1. The Inspectorate of Government shall have user access to all databases or electronic systems or other systems maintained by any Government Agency or body or contractor except classified databases maintained by intelligence agencies and the military which shall be accessible by IGG and DIGGs and IG staff with appropriate Security Clearance.

 

  1. The IG may by regulations create any such database that it deems fit in the execution of its duty to combat, deter and prevent corruption including but not limited to:
  • Requiring the registration of transactions with public officers
  • Registration of assets
  • Registration of suspicious transfers
  • Registration of debits and credits beyond a certain amount.

 

  1. Any registration requirements imposed by regulations made by the IG under section 22 shall take effort upon publication but Parliament may by special resolution modify the regulations within six months of publication but any modification after six months of publication shall require an Act of Parliament.

 

  1. Failure by any individual to register transactions under regulations made under section 22 shall attract a fine of ten currency points for each day that it continues and imprisonment of not less than twenty five years or both.

 

  1. Where the duty is on a corporate body, failure by the body to register a transaction shall attract double the fine imposed by Section 24. The IG shall give three months’ notice to individuals of none compliance before taking enforcement action.

 

  1. Fines imposed under this Act shall be adjudicated by the IG through the IG Administrative tribunals.

 

  1. The IG shall have a public database of all entities involved in corruption which shall state the profile of the entity, the nature of involvement verified by it and the action taken against the entity except that
  • The database may include ongoing cases in court or before the tribunal but the IG must specify that the individuals are innocent till proven guilty;

 

  • The database may include both individuals subject to administrative action or convicted of criminal offenses.

 

  • The database must be open to employers at a reasonable fee to carry out due diligence on employees and prospective employees.

 

Investigating the President and Vice President.

 

  1. Notwithstanding any other law, the Inspectorate of Government shall conduct investigations into allegations of corruption and abuse of Office by the President or Vice President.

 

  1. Where an allegation of corruption and abuse of Office is made against the President or the Vice President, the Inspectorate shall carry out a preliminary investigation to determine the credibility of the allegations before opening a formal investigation.

 

  1. Where the Inspectorate determines that there is reasonable suspicion that an offense might have been committed by the President or the Vice President, it shall open a formal investigation and inform Parliament of the Investigation and its scope.

 

  1. The Inspectorate must conclude the investigation within six months of opening it and it shall have the power to review, access or confiscate or intercept all communication, documents and correspondence related to the investigation by a warrant issued by the Inspector General of Government.

 

  1. The Inspectorate must be advanced ten percent of its annual budget by the Ministry of Finance at the earliest opportunity after start of an investigation against the President.

 

  1. In determining whether there is reasonable grounds to open an investigation against the President or the Vice President, the President shall be given an opportunity to provide a rebuttal of the allegations and provide any material that might disprove his or her complicity.

 

  1. Where the president affords himself of the opportunity to be heard in line with Section 33 above, the Inspectorate may invite the Chief Justice and a jurist of high standing to advice on the decision to open an investigation.

 

  1. Anyone including the President or the Vice President and their staff who fails to hand over any documents or information related to an investigation being conducted by the Inspectorate of Government commits an offense and shall on conviction be liable to a fine not exceeding ten thousand currency points and a minimum sentence of life imprisonment.

 

  1. The principle of executive privilege shall not apply to an investigation by the IG except that officers involved in such an investigation should qualify for top-secret clearance.

 

  1. Where the IG upon concluding the Investigation concludes that an Offense was committed, it shall submit its report to Parliament for impeach proceedings to be initiated except that even where the IG concludes that no offense was committed, Parliament may conduct its own investigation.

 

PART IV – SECRETARY AND OTHER STAFF OF INSPECTORATE

 

  1. Secretary to Inspectorate and Other staff
  • The Inspectorate shall have a Secretary who shall be appointed by the President acting on the advice of the Public Service Commission and 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.

 

  • The Secretary shall, subject to subsection (4) of section 31 of this Act and to the general control of the Inspectorate-
  1. 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.
  2. 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
  3. Perform any other function assigned to him or her by the Inspector General.

 

  1. 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.
  • 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 the Second Schedule of this Act.

 

PART V PROCEDURE FOR INVESTIGATIONS

 

  1. Rules of procedure
  • The Inspectorate may, by a 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 anything to be done under this Act and also forms to be used in connection with the functions of the Inspectorate under this Act or under Chapter Thirteen of the Constitution.

 

  1. Limitation on investigations
  • The Inspectorate shall not have power to question or review any of the following matters-
  1. The decision of any court of law or of any judicial officer in the exercise of his or her judicial functions;
  2. The decision of any tribunal established by law in the exercise of its functions’
  3. Any civil matter which is before court at the commencement of the Inspectorate’s investigations;
  4. Any matter relating to the exercise of the prerogative of mercy; or
  5. Any matter prejudicial to the security, defense or international relations of Uganda except through the procedure established by this Act
  6. Any matter involving the disclosure of proceedings and deliberations of the Cabinet or a Committee there of
  7. Cabinet relating to matters of a secret or confidential nature and would be injurious to the public interest except that the resultant implementation of the deliberations maybe investigated subject to safeguards provided for classified matters.

 

  • Where the Inspectorate is satisfied that-
  1. The complainant has at any material time had the right or opportunity of obtaining relief or redress by means of-
  2. an application or representation to any executive authority; or
  3. an application, appeal, reference or review to or before a tribunal established by law; or
  • proceedings in a court of law;
  1. The complaint is trivial, frivolous, vexatious or not made in good faith; or
  2. The investigation would be unnecessary, improper or futile,

The Inspectorate may decline to conduct an investigation and accordingly inform the complainant in writing, but the Inspectorate shall not be bound to give any reasons for the decision.

  1. Conduct of investigations
  • The procedure for conducting an investigation shall be such as the Inspectorate considers appropriate in the circumstances for 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 and may carry out the following:
  1. Undercover operations;
  2. Controlled deliveries;
  3. Surveillance;
  4. Interception of communication;
  5. Other special investigative tactics.

 

  • Notwithstanding the Interception of Communication Act, the IG may by a warrant signed by the IGG or Deputy IG intercept any communication by a public officer where is reasonable suspicion that the officer is involved in corruption.
  1. Where the warrant is made without reasonable suspicion, the resultant evidence shall be excluded from the trial except if it could have been obtained without the interception of communication.
  2. Evidence obtained under a warrant issued under this section cannot be used in other criminal proceedings under the penal code Act except corruption offenses, terrorism, Children related offences and drug offences.
  3. Where communication to be intercepted is that of a private citizen not employed or contracted by the state or related to the suspect by blood or friendship or business, the IG shall obtain a warrant under the interception of communication Act.

 

  • Notwithstanding any other law, the IG may provide a none-exceptional opportunity to a public offence to commit a criminal offence. In assessing whether the opportunity is none exceptional the court shall have regard to:
  1. The involvement of state agents is not coercive or intimidating;
  2. The state agents conduct themselves as ordinary citizens do;
  3. The inducement is ordinary or one a person would be expected to get on the open market;
  4. The suspect has shown interest in committing the offense given any opportunity;
  5. In the circumstances of the case, the state did not originate the criminal intent and induce an otherwise law abiding citizen to commit a crime even though they made the opening offer. The conduct of the target after the opening offer shall determine his intent.

 

  • Notwithstanding subsection 3 above, the IG may engage in integrity tests by tempting public officers with bribes except that in such cases the public officers shall be subject to administrative proceedings rather than criminal proceedings.

 

  • Subject to whistleblowers protections, 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 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) of this section 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) of this section commits an offence and is liable on conviction, to a fine not exceeding two hundred fifty currency points and imprisonment exceeding twelve years.

 

  1. 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 but may be challenged, reviewed, quashed or called in question in any court of law under judicial review procedures for other reasons.

 

Immunity of officers

 

  1. 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.

 

  1. 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.

 

Privilege of information

 

  1. 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.

 

  1. Corruption oversight over public offices

 

  • The IG may where it deems fit put any public office under public oversight such that the office put under oversight must:
  1. Consult the IG on any of its decisions including hiring, expenditure, procurement, litigation and others;
  2. Implement structural and institutional changes determined by the IG.
  3. Restructure its staff;
  4. Terminate the Contracts of its staff that the IG establishes are corrupt or ineffective through documented instances of chronic absenteeism, negligence and delays.

 

  • Where termination is contemplated for any staff as a result of the Corruption oversight, the IG must submit the relevant officer to the IG Administrative Tribunal for a hearing.

 

  • Nothing in subsection 1 above shall be read as a limit to the nature of over sight that the IG may provide to a public institution prone to Corruption.

 

  1. The corruption oversight shall not exceed a term of two years but maybe renewed by the IG on such terms as the IG deems fit.

 

  1. Notwithstanding any other law, the IG may provide corruption oversight to constitutionally created bodies such as DPP, AG, BOU and others provided that the exercise of the powers vested in that body is not unduly burdened by the oversight.

 

  1. In respect of the Attorney General’s Office and its officers, the IG shall have a right of appeal and review where corruption is suspected or alleged against the Attorney General’s Office. Corruption shall be a ground of appeal and review in any court proceedings.

 

  1. The exercise of vested constitutional powers is not unduly burdened where:
  2. The course advised by the IG does not preclude exercise of the powers in compliance with the advice of the IG.
  3. The IG proposes viable options or alternatives that the decision maker can explore without facilitating corruption.

 

  1. Where the office in issue is the AG in respect of a specific case, the IG can ably represent the Government of Uganda.

 

  1. The corruption is alleged against the AG or its officers in respect of a specific cases being litigated or already litigated against the government or settled by it.

 

PART VI – COMPLAINTS

 

  1. A complaint or allegation under this Act may be made by an individual or by anybody of persons whether corporate or not, and shall be strictly confidential and addressed to the IG.

 

  • 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, subject to the scrutiny of the prison officials or the immediate supervisor or employer as the case may be.

 

  • A complaint or allegation made under this Act shall be-
  1. Made by the complainant or by his or her legal representative
  2. 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
  3. Signed or thumb printed by the complainant.

 

  • No complaint or allegation shall be received by the Inspectorate unless it is made within a period for five 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 discretion, the Inspector-General or Deputy Inspector-General may direct that a complaint or allegation lodged after the specified period shall be received.

 

  • Subsections (3) and (4) of this section shall not apply to a complaint or allegation relating to a criminal offence.

 

  1. Right to be heard
  • Except as provided in subsections (2) and (3) of this section, 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 of 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.

 

  1. Procuring information and attendance of witnesses

 

  • Subject to this Act, the Inspectorate may-
  1. 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
  2. By order in writing, summon that person to attend 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 the Third Schedule 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 summon 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 laws.

 

  • Requests for documents and information from any individual must be compiled with within 30 days except that the Inspector General may in writing reduce this period to fourteen days or extend this period for another 30 days on written request of the individual or office in question.

 

  • Any person who is delegated by his or her supervisor the authority to provide documents or information to the IG who fails to comply with a request for information and documents made by the IG shall be liable to a fine of fifty currency points for each day that the documents or information is not provided.

 

  1. Failure of witnesses to attend

 

  • Where a person on whom a summon under section 26 of this Act has been duly served does not attend at the specified time and place, and the Inspectorate is satisfied that-
  1. The summon was properly and duly served; and
  2. The person to whom the summon was directed wilfully and without lawful justification avoided service;

The Inspectorate may issue a warrant of arrest in Form 6 specified in the Third Schedule to this Act, to be executed by an officer of the Inspectorate or a police officer, to apprehend that person and bring him or her before the Inspectorate at a specified time and place.

  • 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.

 

Witness allowance

 

  • 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.

PART VII – REPORTS

  1. Reports to Parliament
  • 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) of this section shall be forwarded by the Inspectorate to the President; and where any matter contained in the report relates to the administration for 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) of this section within thirty days after it has been submitted, if Parliament is then in session, or if Parliament is not in session, within thirty days after the commencement of its next following sessions.

 

  1. Action on report
  • Upon receipt of a report under section 29 of this Act, Parliament may take or cause to be taken such action it as it may functions effectively.

 

  • Upon receipt of a copy of a report of the Inspectorate under section 29 the President may take or cause to be taken against the public officer or other person in respect of whom the report is mad such action as may be taken under or in accordance with any written law.

PART VIII – GENERAL

  1. Resources
  • Parliament shall ensure that adequate resources and facilities are provided to the Inspectorate to enable it to perform its functions.

 

  • Subject to clause (8) of article 223 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 for 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 moneys approved in the budget shall be charged on the Consolidated Fund.

 

  • The funds of the Inspectorate may include grants and donations to enable the Inspectorate to discharge its functions effectively.

 

  • Subject to article 229 of the Constitution, all funds provided to the Inspectorate under this Act shall be administered and controlled by the Secretary who shall be the accounting officer in accordance with the Public Finance act.

 

  • The IG shall be entitled to the use of fifty percent of the money recovered consequent upon the actions or information of the Inspectorate every year over and above its approved budget.

 

  1. 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.

 

  1. 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.

 

  1. Protection of informers and witnesses
  • A person who provides information to the Inspectorate shall be protected and his or her identify shall not be disclosed and may be rewarded for his or her information and paid an amount of
  • 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.
  • A person who unlawfully discloses the identity of an informer or victimizes a person for giving information to or assisting the Inspectorate commits an offence and is liable on conviction to imprisonment not exceeding two years or a fine not exceeding one hundred currency points or both.
  • IG shall have a Witness Protection Directorate funded by fifty percent of the funds recovered as a result of its actions

 

  1. Offenses
  • A person who-

 

  1. wilfully and without lawful justification or excuse disobeys an order of the Inspectorate for his or her attendance or for the production of a document, paper or thing; or
  2. 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; or
  3. without reasonable excuse refuses or fails to comply with any order or direction of the Inspectorate; or
  4. knowingly presents to the Inspectorate a false or fabricated document or makes a false statement with intent to deceive or mislead the investigating officers; or publishes any false or
  5. scandalous libel on the Inspectorate; or
  6. creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the Inspectorate; or
  7. Without lawful justification or excuse, wilfully obstructs or hinders a person acting in the exercise of powers conferred by this Act, commits an offence and is liable on conviction to a fine not exceeding one hundred two hundred fifty currency points and imprisonment exceeding twenty-three years or both.

 

Personation of member or official of Inspectorate

 

  1. Any person who with intent to defraud or deceive, falsely represents himself for 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 imprisonment exceeding twelve years.

 

  1. 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 two hundred fifty currency points and imprisonment exceeding twenty years.

 

Minister’s power to amend First Schedule

 

  1. The Minister may, by statutory instrument, amend the First Schedule to this Act except that he or she shall not reduce the value of a currency point.

 

  1. Power to make regulations
  • 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 any of the functions of the Inspectorate.

 

  • Any regulations made under this section may prescribe as a penalty for an infringement of the regulations, any fine not exceeding one hundred thousand currency points or imprisonment not exceeding twenty years or both; and such regulations may also prescribe in relation to a continuing offence, an additional penalty of a fine not exceeding one hundred 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 subsections (3) shall not run during any time when Parliament is not sitting.

 

  1. Repeal and Transitional Provisions
  • The Inspector-General of Government Act 2002 is repealed.
  • Subject to the Constitution, and without prejudice to the general effect of section 13 of the Interpretation Decree, 1976 any person appointed under the Inspector General of Regulations Decree No. 18 of 1976, any person serving with the Inspectorate of Government immediately before the commencement of this Act shall continue in office as if appointed under this Act and shall be taken to have taken and subscribed any oath required to be taken and subscribed by him or her under this Act.

 

  • Any person whose service is continued under subsection (2) shall enjoy terms and conditions of service not less favourable than before.

 

FIRST SCHEDULE

SECTION 2

CURRENCY POINT

A currency point is equivalent to 400,000 shillings.

 

 

[1] The definition is expanded to include negligence and to clarify that personal gain need be of the public officer in issue. The definition is further expanded to cover corrupt use of public resources and corrupt exercise or denial of contractual rights acquired by the state or part of the state.

[2] Deterrence requires that penalties be so high such that criminals find it unattractive or too risk or costly to engage in criminal activity

[3] Corporate personality

[4] Where the President appoints a person as an Inspector General that person is simultaneously appointed as a judge in the judiciary. This will ensure that Inspector General are hot beholden to the President for future opportunities or to Parliament for confirmation. The problem has been that IGGs/DIGGs have been beholden to the executive and parliamentarians in the hope of securing another appointment after service. His has created a situation where the IG is not independent and ineffective.