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INSPECTORATE OF GOVERNMENT ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

PART II
THE INSPECTORATE OF GOVERNMENT.

   3.   The Inspectorate.

   4.   Appointment of members of Inspectorate.

   5.   Removal of Inspector General and Deputy Inspector General.

   6.   Oath of members of Inspectorate.

   7.   Appointments Board.

PART III
FUNCTIONS OF INSPECTORATE.

   8.   Functions of Inspectorate.

   9.   Jurisdiction of Inspectorate.

   10.   Independence of Inspectorate.

   11.   Branches of Inspectorate.

   12.   General powers of Inspectorate.

   13.   Powers of access and search.

   14.   Special powers of Inspectorate.

PART IV
SECRETARY AND OTHER STAFF OF INSPECTORATE.

   15.   Secretary to Inspectorate.

   16.   Other staff.

   17.   Oath of Secretary and other staff.

PART V
PROCEDURE FOR INVESTIGATIONS.

   18.   Rules of procedure.

   19.   Limitation on investigations by Inspectorate.

   20.   Conduct of investigations.

   21.   Effect of findings and recommendations of Inspectorate.

   22.   Immunity of officers.

   23.   Privilege of information.

PART VI
INVESTIGATIONS

   24.   Provisions relating to complaints.

   25.   Right to be heard.

   26.   Procuring information and attendance of witnesses.

   27.   Failure of witnesses to attend.

   28.   Witness allowances.

PART VII
REPORTS.

   29.   Reports of Inspectorate.

   30.   Action on report.

PART VIII
GENERAL.

   31.   Resources of Inspectorate.

   32.   Signification of acts of Inspectorate.

   33.   Seal of Inspectorate.

   34.   Protection of informers and witnesses.

   35.   Offences.

   36.   Personation of member or official of Inspectorate.

   37.   General penalty.

   38.   Minister's power to amend First Schedule.

   39.   Regulations.

   40.   Repeal and transitional provisions.

      FIRST SCHEDULE.   Currency Point.

      SECOND SCHEDULE

         PART A.   Oath of the Inspector General /Deputy Inspector General.

         PART B.   Oath of Secretary and other staff.

      THIRD SCHEDULE.   Forms.

INSPECTORATE OF GOVERNMENT ACT.

   An Act to make provision 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, to repeal the Inspectorate of Government Statute, 1988 and to provide for other related matters.

Commencement: 5 April, 2002.

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the Inspectorate of Government Act.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "Appointments Board" means the 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 of public office for private gain and includes but is not limited to embezzlement, bribery, nepotism, influence peddling, theft of public funds or assets, fraud, forgery, causing financial or property loss and false accounting in public affairs;

   "currency point" has the value given to it in the First Schedule to this Act;

   "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 to whom the functions of a Minister under this Act have been assigned by the President;

   "Secretary" means the Secretary to the Inspectorate appointed under section 15 of this Act.

PART II
THE INSPECTORATE OF GOVERNMENT.

3.   The Inspectorate.

   (1) There shall be an Inspectorate of Government.

   (2) The Inspectorate shall consist of—

   (a)   the Inspector General of Government; and

   (b)   two Deputy Inspectors General.

   (3) At least one of the persons referred to in subsection (2) of this section shall be a person qualified to be appointed a Judge of the High Court.

   (4) A person shall not be eligible for appointment as Inspector General or Deputy Inspector General unless that person—

   (a)   is a citizen of Uganda;

   (b)   is a person of high moral character and proven integrity; and

   (c)   possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs.

   (5) A person shall resign his or her office on appointment as an Inspector General or a Deputy Inspector General if that person is—

   (a)   a member of Parliament;

   (b)   a member of a local government council; or

   (c)   a member of the executive of a political party or organisation.

4.   Appointment of members of Inspectorate.

   (1) The Inspector General and a Deputy Inspector General shall be appointed by the President with the approval of Parliament and shall not, while holding office, hold any other office of emolument in the public service.

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

   (3) The Inspector General and a Deputy Inspector General shall hold office for a term of four years but shall be eligible for reappointment only once.

   (4) 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.

5.   Removal of Inspector General and Deputy Inspector General.

   (1) 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—

   (a)   inability to perform the functions of his or her office arising from infirmity of body or mind; or

   (b)   misconduct, misbehaviour or conduct unbecoming of the holder of the office; or

   (c)   incompetence.

   (2) The special tribunal referred to under subsection (1) shall consist of a Justice of the Supreme Court, who shall be the Chairperson and two other persons, all of whom shall be appointed by Parliament.

   (3) 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.

   (4) 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).

   (5) 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.

   (6) A suspension under subsection (5) shall cease to have effect if the special tribunal advises the President that the officer should not be removed from office.

6.   Oath of members of Inspectorate.

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

   (2) The oath shall be administered by the President.

7.   Appointments Board.

   (1) There is established an Appointments Board consisting of the following—

   (a)   the Inspector General who shall be the Chairperson of the Board;

   (b)   every Deputy Inspector General;

   (c)   the Secretary;

   (d)   the Chairperson of the Public Service Commission or a member of that Commission authorised by the Chairperson in writing;

   (e)   the Permanent Secretary of the Ministry responsible for the public service; and

   (f)   two other members appointed by the President one of whom shall be a woman.

   (2) The functions of the Appointments Board shall include—

   (a)   the establishment of posts within the Inspectorate;

   (b)   the appointment of officers and other employees of the Inspectorate in accordance with section 16 of this Act;

   (c)   the making of regulations for the discipline of officers and other employees of the Inspectorate; and

   (d)   the performance of any other functions that Parliament may by resolution assign to the Board.

   (3) The staff shall be appointed on the basis of their integrity and competence.

PART III
FUNCTIONS OF INSPECTORATE.

8.   Functions of Inspectorate.

   (1) Pursuant to the provisions of the Constitution and to this Act, the functions of the Inspectorate are—

   (a)   to promote and foster strict adherence to the rule of law and principles of natural justice in administration;

   (b)   to eliminate and foster the elimination of corruption, abuse of authority and of public office;

   (c)   to promote fair, efficient and good governance in public offices;

   (d)   to enforce the Leadership Code of Conduct;

   (e)   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 of administrative functions;

   (f)   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;

   (g)   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 rule of law in Uganda;

   (h)   to investigate the conduct of any public officer which may be connected with or conducive to—

      (i)   the abuse of his or her office or authority;

      (ii)   the neglect of his or her official duties;

      (iii)   economic malpractices by the officer;

   (i)   to take necessary measures for the detection and prevention of corruption in public offices and in particular—

      (i)   to examine the practices and procedures of those offices in order to facilitate the discovery of corrupt practices and to secure the revision of

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