The Auditor General John Muwanga was questioning the former Local Government and their use of allocated funds today the results of the check of use of monies is showing the lack of fiscal responsibility. The Local Government where allocated funds for cars for the Local Councillors and Chairpersons in the districts. As much as 111 persons where supposed to get cars to Councillors; what I wonder is it the same about the cars that we’re bought right before elections for the Regional Police Commanders (RPC) and District Police Commanders (DPC) that Hon. Frank Tumbewaze where showing off or Prime Minister Dr. Rukahana Ruganda did too.
But here are the main questions of the day and non-of-us is surprised at the actions of Local Government workers or civil servants diverting funds without following procedure. Take a look!
Misuse of Government funds:
“The former acting Permanent Secretary in the Ministry of Local Government, Patrick Mutabwire is on the spot over mis-allocation of 12 billion shillings. Mutabwire appeared before Parliament’s Public Accounts Committee on Wednesday September 28th 2016, to respond to queries raised in the Auditor General’s report of 2014/2015 financial year. One of the queries was on the diversion of the Ugx 12 billion, which was meant to procure 111 vehicles for all district chairpersons and six other vehicles for the ministry. However, it was noted that only Ugx 1.48 billion was spent on the vehicles procured from M/S Toyota Limited while the balance of Shs 5.5 million was diverted and utilized on recurrent expenditure without authority from the Permanent Secretary Treasury. “These funds were subsequently transferred to staff personal accounts, with Shs 4.3 billion paid for African Day of Decentralization celebrations,” the Auditor General said” (Parliamentarywatch.co.ug – ‘Former Local Government Minister On Spot Over Sh 12 Billion Misallocation’ (28.09.2016)
What the OAG reports says:
“Diversion of funds meant to procure 111 District Chairperson’s vehicles:
During the year, the Ministry planned to procure one hundred eleven (111) and six (6) vehicles for the District chairpersons and the Ministry respectively. This involved a total contracted amount of USD 4,590,568 for all the vehicles inclusive of taxes. Funds totaling to UGX.7,013,611,179 (inclusive of taxes) were released to cater for part payment of the district vehicles and full payment of the Ministry vehicles. However, it was noted that only UGX.1,487,636,396 was spent on the vehicles procured from M/s Toyota Ltd and the balance of funds (UGX.5,525,974,783) was diverted and utilized on recurrent expenditure without authority from the PS/ST. These funds were subsequently transferred to staff personal accounts – UGX.4,361,949,108, payments for African Day of Decentralization (ADDLD) celebrations – UGX.118,277,664, cash withdrawals – UGX.120,000,000, fuel UGX.28,000,000, hotel bills – UGX.110,844,899, refund of borrowing to DLSP project and DTRF – UGX.315,674,140, rent – UGX.196,859,360 and others. I reviewed the advances to personal accounts and my observations were summarized in Paragraph 8.2. Use of Development funds to cater for recurrent expenditure is contrary to financial regulations” (OAG -ANNUAL REPORT OF THE AUDITOR GENERAL FOR THE YEAR ENDED 30TH JUNE 2015, P:191-192).
So the question is from the report that is already out and wonders how much money that we’re diverted to private accounts without authorizations. These where allocated and where tenders out, but they couldn’t followed the procedure of that either. Since the M/S Toyota Limited agreement can only been for parts of the allocated funds; if not they couldn’t have diverted the allocated monies away from it. There are no other explanations to it.
Because of this, unless the Police act a fool tomorrow, I have to look through the report from the Auditor General of Uganda when I have time, to see if I can see other judo tricks done by civil servants and ministries that has allocated monies wrong or spent monies on themselves as there been a normal for many ministries to not follow procedure in Uganda. But hey, they learn that from up-high. Peace.
The original Leadership Code of Uganda where commencement 26th June 1992 in the early years of the National Resistance Movement; so the Government of Uganda need more to revised and amended as the Minister for Ethics Reverend Simon Lodoko has ideas to make the Leaders and Civil servants more ethical inspired. This done with amending a new law and making it stricter and giving the Ministry a strong Authority with a legal power as the law propose to change a very subtle committee who discuss proposed leadership breaches with Parliament and Minister; the Tribunal are having more ability to actually following the breaching and unethical behavior from leaders and their snitching ways. That is why the Tribunal gets revised from a measly Committee towards a powerful Tribunal!
Take a look at important issues that are wished revised and changed to make the 1992 law better and more control from the Central Government!
In the original –
(1): “A leader shall not put himself or herself in a position in which his or her personal interest conflicts with his or her duties and responsibilities”
In the new Amendment:
(1)“A gift or donation to a leader at any public or governmental occasion shall be treated as a gift or donation to the Government or the institution represented by the leader and shall be declared so to the Inspector General; but the Government or the institution shall keep an inventory of the gift”.
There is a giant different between putting himself in a conflict and getting a gift. The Conflict is by approaching an offer that might substantially discredit the decisions alters the judgement done by the leader of government or in any government institutions. That is different from becoming somebody who get gift and has to give it to the government and institution who the leader works for. The gifts system is normal in many states as the leader and civil servants represent the states and cannot take bribes of gifts and such therefore these laws exist to make sure gifts and donations doesn’t become an issue to secure the vote/regulation/license or use the government institution to gain more than the competitor that doesn’t give or donate to the government leader.
Therefore the rule change is healthy, but will it just be lawful text and followed up the current leadership and only done as PR stunt as the NRM Regime hasn’t really been showing talent for accountability and transparency other than stern warnings and when donor aid has been cut. Then the government has swallowed a few bloody court cases and showing grand-corruption to prove their ability to honest budgeting; while going back to office when the court are gone and the questions from donors are silent. Therefore I have doubt that this law has affect as the Auditor General and Inspector General of Government (IGG) doesn’t even dig deep into the current corruption; so this seem like beautiful words, but will they acted upon?
Create a Tribunal:
Other key ones are adding a Tribunal that the leaders and representatives for government institutions report to and follow the ethics of their actions. They will have a chairperson that is elected by the Parliament and the ones in Parliament cannot appoint a chairperson, unless they can appoint a High Judge of the High Court. Which is part of the new 19 Section in 19A and 19B; this Tribunal will be elected by the President and Public Service Commission; with approval of the Parliament (19C).
This Tribunal will follow the case if non-else party is available to fetch evidence and collect affidavits as long as they believe it is “subject cause”. They can even interrogate needed persons even “abroad”. New in 19R (5): “The Tribunal may make an order in to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court”. So the Tribunal will get the same value as a Court Order to follow the cases and follow the alleged breaches of the Leadership Code.
The strictest clear rules on the Tribunal is in the 19Z:
“A Person who –
Another change is the total replacement of this part of the law:
“20. Report of the committee.
Upon the completion of an inquiry conducted by the committee or upon receipt of a report of findings submitted by the Inspector General of Government or the Inspector General of Police or the Auditor General under section 19, the committee shall make a report to the authorised person; and in a case where the committee or the Inspector General of Government or the Inspector General of Police or the Auditor General has found that the leader whose conduct was inquired into is in breach of this Code, the committee shall make such recommendations as it considers appropriate as to action to be taken against the leader.
The committee’s report under subsection (1) shall be made public and shall state whether the leader is or is not in breach of this Code in respect of the specific matters inquired into by the committee and, in the case of a breach, shall set out—
the nature of the breach which the leader has been found to have committed;
the circumstances of the breach;
a brief summary of the evidence received during the inquiry into the breach; and
its findings and recommendations.”
This with the amendment changes to this:
“(1) 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.
(2) The authorised person shall upon receipt of the decision under subsection(1) take actions within thirty days.
(3) The authorised person shall report to the Tribunal in writing within fourteen days after the explaination of the thirty days referred to in subsection (2) of the action taken by him or her”.
Here the Tribunal doesn’t need to go public as they needed before, because this section is changed and amended with the new Leadership Code of 2016, this proves the writing happens between authorised person and the Tribunal and not to commit it public. It means within 30 days actions against a person will happen, but not publicly. So the Tribunal compared to the Committee of old can work in silence and act against somebody without common knowledge.
As the Section 23 original law says this:
“23. Procedure of the committee.
Subject to this Code, the committee may, after consultation with the Minister, make rules regulating its procedure under this Code”.
The newly amendment says this:
“Procuring information and attendance of witnesses.
Subject to this Act, the inspectorate may –
With this substantial change together with the others, the powers of the Tribunal is to inspect and get witness report or an affidavit as the summons of a person who might have information has to answer to the Inspectorate for the Tribunal under oath. The relevancy of this is the powers that the law might give the Tribunal as they can investigate and summon. Not only consult with minister after the code has been followed by the Committee. So the powers of following breaches of the set the law gets more ability to sanctions citizens. While the Tribunal get more power than a Committee that ask the Parliament for ability to act like the Leadership Code of 1992 does. Peace.
“A man who has never gone to school may steal a freight car; but if he has a university education, he may steal the whole railroad.”
― Theodore Roosevelt
Thieving never stops through systematic and planned behaviour of state officials and government men and woman who wishes a short-cut to earning the big-bucks. It is an international problem. Again I will, blatantly address recent cases because this is something that doesn’t stop. Because of the greed and wish to be rich, in our time and before people and leaders isn’t happy with an ordinary life; they want to live in luxury instead of in normal household. Therefore they go to the extent of making sophisticated ways of trading and using government funds to steal and corrupt systems on their own behalf. Instead of delivering the service and institutions the citizens are supposed to have gained with this money and taxes. Here are some cases!
Back in time the Olympics we’re also corrupt:
“The fact is that even this Olympic truce often broke down,” says Large. “Famously in 364 BC when soldiers from the city of Elis actually invaded the Olympics grounds in order to retrieve protection rights over the games, that had been taken away from them in the years before. So there was a bloody battle going on right during the wrestling competition” (…) “The Spartans were also a problem,” adds Large. “They had been banned from the Olympics for many years. They themselves thought the Olympics, in any event, were not bloody enough for their taste. But they did show up in the 420s and they got themselves banned once again for extra-curricular fighting.” (…) ““It’s often assumed somehow these ancient Games were purer than the modern ones,” Large concludes. “In fact, if anything they were even more corrupt, perhaps.” (Woolfe, 2016).
Cashgate of Malawi continues:
“Seven cabinet ministers are reported to be implicated in the K577 billion (about $856 million) financial analysis report of what has been dubbed the Capital Hill ‘cash-gate’ scandal, named after the seat of government” (…) “He added that he had not received any names in connection with the audit query as yet” (…) “Last week I sent Chief Secretary to Auditor General [to get names] b,” said Mutharika, adding that he did not have any name of a minister” (…) “Where they [media] get the names I don’t know,”he said” (…)“If anybody has got names please bring them to State House, I would like to see them and action will be taken,”Mutharika said after being asked by one citizen during the program when he will act on the rotten ministers and cronies” (Chiluga, 2016),
“Speaking about perceptions currently enveloping the political atmosphere in Guyana, Rohee said the subject is of importance to any society. “Perception is important in any society. As they say, perception is reality, and I’d like to emphasise that. And we can’t view that selectively; it is a general, universally accepted social and psychological phenomenon, that perception is reality,” he said” (…) “It is not for me to say that. Why should I say that? That is a general perception out there,” (…) “Said he: “They are helping to reinforce that perception; when we were in government and now that we are in the Opposition. And now the government is being driven by media houses to deal with that matter by setting up SARU [State Asset Recovery Unit]. So let’s take it from there.” (Singh, 2016).
“CENTRAL Division police arrested a building contractor on Friday as he attempted to bribe a Local Government councillor who had cautioned him about substandard work on a project in the district” (…) “The Fyzabad contractor was arrested at the office of People’s National Movement (PNM) councillor for California/Point Lisas, Alif Rodney Mohammed, at around 10 a.m” (…) “Mohammed said he was offered a $1,000 bribe to turn a blind eye to shoddy work on a project in his electoral district” (Kissoon, 2016).
In the Philippines:
“THE Office of the Ombudsman affirmed the indictment of Cebu Provincial Board Member Celestino “Tining” Martinez III and former Bogo City treasurer Rhett E. Minguez over allegedly irregular release of fertilizer fund amounting to P6 million in 2004” (…) ““As signatories, respondents should have raised reasonable questions on the legality or regularity of the transaction,” said Morales in her order” (…) “The Ombudsman also dismissed Martinez III from government service over the same case” (…) “In 2004, the Bogo City Government received six checks totaling to P6 million from the Department of Agriculture in Central Visayas for the procurement of fertilizer for rice and corn in 2004” (…) “Government auditors, in their 2006 report, said the foundation failed to liquidate the money. COA’s Audit Observation Memorandum also noted that the foundation failed to submit a list of previous projects implemented and that no accomplishment reports were submitted” (…) “State auditors also pointed out that officials failed to make representations with Sikap Yaman for the liquidation of the P6 million, while the Commission on Audit (COA) named the foundation as the supplier of 250 bottles of overpriced liquid fertilizers in Tuburan in 2004” (Dalipe, 2016).
“Ukrzaliznytsia Head Wojciech Balczun. He wrote: “We will change railway tickets booking system. Also discussed this topic during the board meeting. Moving in the direction of the elimination of so called “commercial booking”, the huge source of abuse and corruption. Like when it is impossible to buy a ticket while trains are going empty” (…) “The commercial agent should take all risks. In one form or another there will be a reservation for vulnerable groups and government authorities. Majority of tickets for the open!” Ukrzaliznytsia CEO stressed” (Censor.net.ua, 2016).
So as seen now the cases are all over. It is one continuation from before from Malawi as the President are wondering how the Media got the hold of names involved in the greatest scandal with government funds except for the Zambian Maize fiasco. The others are proof of how old the corruption of back to ancient Athens and their Olympics. Also actions in the Guyana, Trinidad, Philippines and Ukraine; so the tales of corruption happens everywhere and showing tales that isn’t the Fox News crap or something else biased nonsense. This is just common corrupt behaviour. And there are always more! Peace.
Chiluga, Zawadi – ‘Malawi President to act on corrupt gangsters in cabinet: ‘Give me names of 7 cashgate ministers’ (09.08.2016) link: http://www.nyasatimes.com/malawi-president-act-corrupt-gangsters-cabinet-give-names-7-cashgate-ministers/#sthash.VgmukkdB.dpuf
Censor.net.ua – ‘Ukrzaliznytsia to change railway tickets booking system: majority of tickets to be availabe for open sale, – Balczun’ (10.08.2016) link: http://en.censor.net.ua/news/401159/ukrzaliznytsia_to_change_railway_tickets_booking_system_majority_of_tickets_to_be_availabe_for_open
Dalipe, Gerome M. – ‘Ombud affirms graft rule on Martinez’ (04.08.2016) link: http://www.sunstar.com.ph/cebu/local-news/2016/08/04/ombud-affirms-graft-rule-martinez-489427
Kissoon, Carolyn – ‘Contractor held: offered bribe to councillor’ (06.08.2016) link: http://www.trinidadexpress.com/20160806/news/contractor-held-offered-bribe-to-councillor
Singh, Raven – ‘Rohee rocks the boat –confirms PPP corrupt perception; declares ‘perception is reality’ (05.08.2016) link: http://guyanachronicle.com/rohee-rocks-the-boat-confirms-ppp-corrupt-perception-declares-perception-is-reality/
Woolf, Christopher – ‘The ancient Olympics were dirty, violent, corrupt affairs. There was even regular ‘doping.’’ (05.08.2016) link: http://www.pri.org/stories/2016-08-05/ancient-olympics-were-dirty-violent-corrupt-affairs-there-was-even-regular-doping