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Archive for the tag “Transfer”

A brief look into the IGG first report of 2018 with Lira District in FOCUS!

The Inspector General of Government (IGG) Irene Mulyagonja has recently published a new report, showing the corruption and the reported cases that has been sent to the IGG during the 6 month period. This report shows the key places where the complaints are about, which shows what kind of civil servants that has cases going or investigated. There also a major showdown of certain districts, which gets the most heat in this report. Clearly, they are picked up and shown the public, while others are kept in the archives. So I am showing the key aspects of where the complaints go and one key district that has been put on blast. That being Lira District, who together with others was also put on display. What is weird about that is the office of Lira is number 15 on the list of getting complaints. While the Central District and Kampala Headquarters has bigger numbers, but is not chosen to revealed for the public. Only district offices with less numbers are Kampala Regional Office (because all are delivered to Headquarter) and Gulu district office. So this been choice by the IGG to show their cases instead of the ones around the Central Government. That is how it can be perceived!

The Inspector General Report are clearly stating that the most common groups of people, which is mentioned in complaints are either directly individuals (public officials), District Administration/Local Government, Municipal & Town Councils, Head Teachers, District Service Commissions and sub county administration. In the time between January and June 2017, there was 330 complaints about Public Officials. Complaints about District Administration was 328. Municipal & Town Councils complaints was 144. The complaints concerning Head Teachers was 87. The District Service Commissions was 85 and sub county Administration complaints totaled to 68. This here is really showing where the state officials locally are misusing the public funds. It shows a warning sign of how people take advantage of the lack of paperwork and archives of procurement and also facilitation of the state reserves. That is why they could do this before the complaints come to the IGG.

IGG cases in Lira:

Alleged cause of financial loss by Principal Assistant Secretary, Lira District” (…) “Alleged mismanagement of Shs. 15,000,000/= meant for road maintenance by officials of Ojwina Division Council, Lira” (…) “Allegation of nonpayment of wages to former support staff by Lira Municipal Council” (…) “Report on investigations into alleged payments of salaries to ghost teachers and illegal appointments of Head teachers in Lira District Local Government” (…) “Alleged irregular remittance of Shs. 10M to Mr. Ario Benson’s account and subsequent deletion from the payroll by PPO, Lira” (…) “Alleged creation and existence of ghost primary school in Aloi Sub-county, Lira District” (…) “Alleged misappropriation of UGX. 9,000,000/= meant for the construction of roads in Adekokwok Sub-County Lira District” (…) “Alleged utterance of false academic documents by a Secretary at UTC – Lira” (…) “Alleged irregular earning of higher salary by a person at Lira school of Nursing” (…) “Alleged cause of financial loss by the Principal Assistant Secretary, Lira District” (IGG, P: 77-80, 2018).

I am just showing the alleged cases in Lira as well, as the main reports, since the Report itself should be question for lacking the alleged cases from Kampala Headquarters and Jinja Offices. It shown some cases from Arua, but very limited, since it was the third biggest place of complaints during the 6 month period. While other regions and districts had more open cases. I am really questioning why Lira was so in FOCUS, when the offices of Jinja, Headquarters and Arua had ten times more complaints than Lira did. Why are they not more evident in the report? What is the reason?

That is what we should ask and why the IGG are not revealing those complaint or keeping them on the low. Peace.

Reference:

Inspectorate of Government (IGG) – ‘BI-ANNUAL INSPECTORATE OF GOVERNMENT

PERFORMANCE REPORT TO PARLIAMENT – January to June 2017’ (January 2018)

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Leadership and Premier League: The examples of Sunderland and Liverpool

liverpool-sunderland-premier-league-soccer-clubs

Leaders, managers or coaches deals with issues every day and follows the goals of the clubs that employ them. The different structures depend on the owners and how they perceive the handling of the club. Structures are either set for more power for the owner or more of a coach that has little authority in a club. That goes from Transfers Committee that together with owner picks their targets and aims to build the clubs. Secondly you have the managers who decide the targets on his own.

There is also the difference that shows how much the actual manager will do. Not only picking the tactics and fresh players on match day. They have issues with the contracts and the basic running and progression of the club in general. Because the Manager has a genuine role as the person who is known figure for the club as a president is the leader of a country. Though the powers have a reach for a Manager, but has more pivotal role in a club then a coach or trainer. Like Carver was in Newcastle in the end of the season last year he had less of a reach, then say Mourinho in Chelsea who has put his stamp on the team. I know Carver was a temporary fix before hiring the new manager who has gotten certain freedoms though for many it doesn’t look like it has done the trick for the Northern Club.

I will not talk about Newcastle today, though their spirals of negatives are running high. It’s been like that ever since they sold Cabaye to PSG. The owner Ashley hasn’t run the club well for other things then earning money for the coffers of him the owner and not building a powerful squad. Therefore they are in the role of Aston Villa and are yet another year of fighting relegation and will be amazing if they ever in this campaign get-a-back-to-back VICTORY! We all know that. But I will talk about the club who has showed loosen and digging deeper and deeper on the bottom of the Premier League, that is Sunderland and the ‘Stadium of Lights’.

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Sunderland and the sad tale of Dick Advocaat:

Yesterday the experienced and well-founded manager Dick Advocaat resigned his position in Sunderland after short stint at the club, like so many other of his peers. He was the third savoir in three seasons for the club. First it was Paolo Di Canio who took over and was sacked in second campaign. Then came Gus Poyet in and did an amazing save of the club with big scalps, before continuing another campaign which all the power and flow of the team was in shambles and then they hired Dick Advocaat. Advocaat saved them by a thread last campaign and took on another campaign with promise of getting fresh players to strengthen the squad, because it was needed. There been over time picked cheap options and certain quick fixes instead of building a strong team at ‘Stadium of Lights’.

Ellis Short the owner can defend himself with saying that he hasn’t earned a penny from the club because of the wage paradigm that is in the club. The way the big signing this season was in some way Borini who was one of the first players brought into Liverpool by Brendan Rogders and never fitted the bill. Had one good campaign in Sunderland even if has a loose shot and misses on golden opportunities often. Kaboul went from Tottenham who was to unstable in the defense for them and the same with Coates also from Liverpool. Because the older Brown and O’Shea has not the standard and speed for the league anymore, even if they back in the day was futures under Ferguson in Manchester United. They have gotten this season on loan the striker Lens who showed a magnificent goal that made 2-0 and got Advocaat in tears of joy. This shows for me maybe the best moment of the 8th Round for the simple reason to show how great of a heart as a leader Advocaat has!

Even if Sunderland has Lens, Defoe the misfiring Borini and Fletcher can’t cut it in the long-run. The management from Short and transfers prove that there hasn’t been getting the quality and fitting players to a certain style of play. It has been more patching up and quick-fixes the same as leadership. Under Di Canio the club signed 14 players before he got sacked. Under Poyet he got certain players that had been under his leadership as Buckley and others, but did the significant signing in Jermaine Defoe. Even this stars return from Toronto didn’t spark his team and save his position. Therefore Advocaat had to save them as he did. The signings and ways of progression after Poyet and Di Canio haven’t led to anywhere good. Recent matches has been looking as sad at it has done. The loyalty and continuity doesn’t exist right now. Only thing that is static in the teams play is Lee Cattermole who gets a card both now and then.

The resigning proves the dire situation in the club of Sunderland. And the manager that comes to Sunderland will be in rat-hole even if it’s a club with massive potential. It has 40-50.000 on the stadium on match day. Have high potential pay and possibility to pay for players wages to reach for bigger players. But the leadership and the structure is insufficient. The reigns of such amount of managers at the same time as quick decline after grace periods tells of systematic decline in the team-building and also in man-management. The strength that has been defense has lost it. Because it’s been a while since the attack and mid-field has been exciting, even when Jack Colback was running like crazy for the team, and Rodwell haven’t taken over his presence in the squad. That is very visible!

The way that the managers has gone in and out: First saviors and then sacked in the start or into the next campaign. It doesn’t give the club any stability and quality. The club starts to lack vision and tactical plan to prove what they want. That is also visible in the squad that is fragmented by the buys of different managers who went on the faith of the former ones and their plans. Together with the direct patch-ups and quick-fixes that has become the norm. The manager that comes in has a mountain to climb and has to rebuild the trust with the fans that cover the ‘Stadium of Lights’. Not only with steady results, but get the players to play with their hearts out of their Jersey. Give their blood and sweet and tears into any match. As a neutral it’s been a sad sight to see the steady decline and weakness of Sunderland. Do they want to play in the Championship or still be a proud club in the North who has a place in the Premier League? There is time that Ellis Short tries to build continuity on the leadership side of the club and the strategy they have. Not quick fixes in the end that will hurt the club and the players who try to follow every new idea the new manager has. Something that will be hard to implement and make sufficient to sustain a honorable place in the league.

brendan-rodgers-_-liverpool

Brendan Rodgers slowly falling apart at Merseyside:

Now let me go on another manager who didn’t resign, but got sacked. I have mentioned him in a by-the-way earlier today. Brendan Rodgers the man who has made himself a giant name over the past years. A prospect for managerial roles and future trophy hunter; Brendan Rodgers made a name by getting Swansea up from Championship and then playing high intensity football while delivering results there. From there without any big caps or trophies got hired after FSG sacked club-legend Kenny Daglish.

He started and has been in the way of looking after Character and progress in his teams. For those who has followed him. It’s been his mantra. Looking for the characters and building up players from prospects to finish products or stars to be specific. During the spell of Rodgers they has sold and lost their biggest stars like Gerrard, Sterling and Suarez. The last one to go now is Sturridge and then you would soon see flies come from the pockets.

There was the year that Rodgers leading them to the second position in the league. The campaign that always will be remembered because of the dynamic play and fascinating attacking played of the trio of Sturridge, Sterling and Suarez. They were magnificent even if they got dozen goals the other way as well. Some of us even called it Playstation football by the way it going back and forth with the intensity and flair. Something that Rodgers always wished to see in his players to have a certain quality, character and flair. If you find a after-match interview under the Rodgers in Liverpool where he isn’t using those words and describing the match outcome usually boils down to that.

Brendan Rodgers has now had three campaigns. First was what people call mediocre, but showed some progress. Second season was a magnificent run and was close. Because of that he couldn’t continue to build. Fenway Sports Group (FSG) let the gold go away after that and the trades done after weren’t of the same quality. When the spiral went lower and lowers, so low that after the third campaign in charge on Merseyside, FSG changed leadership and under-coaches under Rodgers! That was in general to disfranchise his power at the club. Brendan Rodgers must have felt that already before his fourth campaign for the club. With departing his own coaches and being alone from the original crew that he with from Swansea.

FSG has also put into the system a Transfer Committee so the Manager is not sole-responsible for the trades done by the club. Even though the manager will be responsible for the results delivered by the squad all season. Even with a seat on the committee he has still not the powers that the ones who can pick and choose over set budget. There will always be a Sports Director or Owner who might shut down wishes for certain players, and even likes of Roman Abramovich who just wanted Shevchenko and then Chelsea bought him, even when they didn’t even need his services.

FSG has then in recent choices partly crossed the powers of Rodgers with the Transfer Committee and also with clipping out his colleagues and his team apart hiring new coaches under him. So then still giving him the “second” chance of success with the club by buying Benteke, Ings, Milner and so on during the summer.

Rodgers wasn’t taken early out of his job and had time to do what he needed. But after the first taste the FSG choices made his tenure worse by the minute. The selling of the starts and losing of pivotal players also hurt him. The choices of buying certain kind of players like Aspas and Balotelli didn’t help his impression, though he wanted to prove that he could turn any player into stars again or bring it out of them.

So after the “second” chance after the success would be hard. Sterling left for Manchester City. The former Southampton players should kick off this season in Liverpool. They are Clyne, Lovren and Lallana. But none of them has played as they did in Southampton. Emre Can hasn’t been up to speed. Courthino has been a spark, but alone in it. Firmino who was bought this summer has talent and skills, but hasn’t bloomed yet. Henderson has taken over for Gerrard, but hasn’t had the same flair or capacity. Ibe has showed progress, but is not a finished “product” yet. What happen to Kolo Toure? What happen to the presence of Skrtel in the defense? Even if he is local boy who deserves credit for catching up with quality of the league, why haven’t we seen Joe Flanagan this campaign?

With all of that and others we can see that there are many issues with the Liverpool squad and the reactions to the team. The progress stopped and the shopping of additions this summer didn’t change the results or drive for the team. Rodgers are right! There need rebuilding in Liverpool. With or without him, and certainly with the decision of sacking him it’s with somebody else.

And for me personally the man, who comes in Liverpool, will have a hard task. The locals and fans expect the team to be a top four team and be in the Champions League (CL). Even though it’s been while since last time the club was there. You have to go back to 2008/09 campaign. So that was a three year hiatus between being a part of the European Competition. The Euro League is the sad stepchild that is a misfit for most teams if they’re not Sevilla or Napoli. Tottenham has struggled with juggling Euro League matches and Premier League in the weekends. The same has been seen by Liverpool. And I am sure whichever team who comes from Premier League to the Euro League will struggle as it seems in league.

The leadership that FSG has proven with Brendan Rodgers isn’t a strong token and longevity in the club. It’s easy to give a new long-time contract after some piece of success. That they did because they wanted to show faith. Just like Newcastle did with Alan Pardew back in the day.  Carver was put into temp when Pardew went to Crystal Palace. The same even Aston Villa did with Paul Lambert after back-to-back victories in start of last campaign. That led to hiring of Tim Sherwood to save the club in the Premier League. That is different from the leadership that puts trust into their managers like Bournemouth with Eddie Howe, Burnley with Sean Dyche, and Hull City with Steve Bruce and so on. There are leaderships that prove loyalty and longevity can bring certainty to teams and squads. Not that all leaders should stay for-ever that is not my point.

My point with Todays topic is clear: the way Sunderland and Liverpool has dealt with the managers has not been well. It has been charades and weak. Liverpool done short-cuts and sold their giants; While expecting dead-wood to turn gold before starting to dig after it, and the cost of it all gets the head of Rodgers instead of those who has done their homework. Suarez, Sterling and Gerrard don’t pop-up like Daisies. It is strange seeing that FSG had the same faith that Lallana and Milner be the same as Suarez and Sterling. And also changing the backroom staff and giving strong signals that it wasn’t that well with Rodgers leadership.

We can all understand Advocaat’s situation in Sunderland. He must have been torn especially seeing the trials of doom returning and not much joy insight. Also with the issues of how weak the strategy of the club has been its easy to see why he decided now to leave. The next man will be in tussle like all three former managers we’re with men coming in that was there in stints for others or because the club needed a fix. Not for a strategic long plan and vision of one leader and his tactical ways. So that the next man has to use what is there and prove his capabilities in the club. Sunderland and Liverpool got massive work in front of them. Sunderland got to fight for their place in the league and build stability in the leadership structure. Not only patch it up and quick fixes. Get a man to actually build a team and also build something with the fans that keeps the club alive. Liverpool has a squad and a backroom staff, that has been built by Rodgers who is now gone. The talent and faith in these players will be left to the next manager. Even the transfer committee has decided on certain players, it’s been three season with Rodgers and that leaves certainly some of his vision and characters there. And the staff that FSG has now put in place, since Rodgers lost his team before this campaign. Peace.

Uganda – Amendments to the ‘Anti-Corruption Bill 2013’ – Important changes to the existing law

2005_uganda_corruption_presser

It’s a proposed new amendment ‘Anti-Corruption Bill 2013’ that is dated back to 13th July of 2013. I will take the basic understanding of how the bill will be and what it can do if it gets into effect. The person behind this bill is Hon. John Ssimbwa who is MP of Makindye Division East. On the 7th of July 2015 this got passed in Parliament!

The important issues from the Memorandum:

First part is that is an extension and amendment of the ‘Anti-Corruption Bill 2009’. One of the main objectives of the bill is that the property of the offender the government can confiscate that from that legal person. That property will be controlled by the government and management by the public trustee appointment by the Minister in accordance with the Public Trust Act. One defect with the existing law is how to prove that set property was earned by the corrupt actions or indirectly by it. Because of this there is the reason for the amendment to the existing law.

Second part is how you define “property” and “political leader” which will entail more and describe broader in the new law after the amendment. In the new one the “political leader will be broaden the scope of the offence that caused the financial lost. Also figuring in “a company” to prove there are two “actors” in the actions of embezzlement, graft or general corruption. One new clause is also to incorporate Inspector General of Government (IGG) to service the court. And give more power to the Dirctorate of Public Prosecution (DPP) and IGG which will together restrict the owner of the bank accounts of the accused person. New clause is also to the persons who refuse to comply or give information to Special Investigator; with failure to follow the recommendation of the police will be incriminated, because with existing law there isn’t any response to it for the government. If for certain that a person is convicted for corruption for mandatory confiscation of any property to the person. And also in the amendment the person who will lose his property after being convicted will pay the cost for the transfer of the actual property.

Important changes:
From Section 20 setting in: “A person employed by the government, a bank, a credit institution, an insurance company, a company, a public body or political leader, who in the performance of his and her duties, does any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank, credit institution, insurance company, a company, or public body commits an offence and is liable on conviction to a fine not exceeding three hundred and thirty six currency points or to a term of imprisonment not exceeding fourteen years or both”.

From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

From the Section of 65:

“A Person is taken to have absconded if reasonable attempts to arrest the person under a warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall taken to have absconded on the last day of that period”. 

Meeting between Public Trust Act and the Amendment of the Anti-Corruption Act:

What these amendments to the existing laws is focusing on the property of the convicted person and how it all will be transferred to a Trustee Fund. This fund will be in power of the Government with the Inspectorate of General of Government and Dictorate of Public Prosecution will be in charge of. In the end this leaves more funds and properties into the government that will transfers from convicted persons and companies to the Trustee Fund.

A matter remain on the ‘Public Trustee Act of 1937’ has some issues and therefore need to amendment to see what the government of Uganda need to recover the embezzled money and property. The law in general is setting the standard on how the trusts are set up.

First section: “The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee”.

Third Section: “An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect” (…) “An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe”.

Fourth Section: “The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent”.

Sixth section: “When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case”.

Seventh section: “If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent”.

We can see the difference between the new law and the older Public Trustee Act of 1937 and the amendment on the Anti-Corruption Bill, which deals with the property of a felon and the consent part of transfer of the property. Especially when you see how it set limits on the government and how the applications of the public trustee where it specifically says in the Act of 1937: “no such order shall be made without his or her consent” while the Anti-Corruption Act Amendment says: “From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

As you see this gives the state a possibility to order and confiscate of property from the convicted person and also get the payment for the transfer of the actual property. So if this comes to effect and can take possession of it or custody when the person is under restraining. The Public Trustee will be under the IGG and follow the orders of the DPP.  This gives more power then what they currently have. So that the Directorates and Public Prosecutor get more powers when they have apprehended a suspect and get either suspend their money in accounts and also transfer the property of the convicted person.

This means those people that will get a stronger punishment and that the Public Trusts will soar in Uganda, if the IGG does it jobs and get bigger cases through the courts. This means that the minister who is in charge and making the Public Trustee funds has to be sober and in-charge to keep up his conduct and the supervision of the fund after transferring the actual property and freezing of the accounts.

It would be interesting to see the implicated changes of the law and also how the minister and Inspectorate of General of Government has to be sure that the property and accounts are parts of the charge. If these extra charges will make a difference in Uganda, is only time to tell because the way it will be seen is the actual results and if it benefits the court systems. Secondly if the transfers of properties and accounts go well, then the Government might over time get vast amount of monies from different accounts and also grand properties if the functions and prosecutions of corrupt politicians, governments’ officials, civil servants and businessmen get caught. Therefore the Trustee Fund under the Minister will be a giant over time and also need more resources to have accountability over it. Something that is natural with the pending issues and convicted people that will be hurt by this law if this amendment will be a new reality in Uganda. Peace.

Reference:

Bill Supplement No. 3 – Bill No. 7: THE ANTI-CORRUPTION (AMENDMENT) BILL 2013 (13.07.2013) in Uganda Gazette No. 34. Volume CVI dated 5th July 2013, UPPC, Entebbe Uganda Ordered by the Government.

THE PUBLIC TRUSTEE ACT of 1937 – Chapter 161

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