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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
Paul Mukiibi
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DOI:10.17265/1548-6605/2025.04.002
Affiliation(s)
Law Development Centre (LDC), Kampala, Uganda
Uganda Management Institute (UMI), Kampala, Uganda
ABSTRACT
The extensive power the law
grants to the Parliamentary Commission (ers) concerning their incentive pay
poses corruption risks and moral concerns among the Commissioners and also
causes mitigation challenges to the anti-corruption agencies in Uganda.
Established under Article 87A of the Constitution of the Republic of Uganda
1995 (the Constitution) and Section 2 of the Administration of Parliament Act,
Cap. 272, the Commission is composed of the Speaker and the deputy, the Leader
of Government Business, the Leader of the Opposition in Parliament (LoP), and
four backbench Members of Parliament (MPs). The Commissioners occupy a critical
position in the Parliament as they are responsible for the administration of
the Parliament. Their mandate, includes broad human resource functions such as
the appointment and promotion of the staff of the Parliament and providing the
required facilities to ensure the efficient running of the Parliament. It is
also enjoined to prepare financial estimates for the Parliament each financial
year. Given the centrality of their function in the Parliament, the
Commissioners receive incentive pay over and above those of other MPs. Whereas
the above appears to be within their mandate, they are liable to abuse which
may increase the risk of corruption. Determining their emoluments and
incentives poses the risk of conflict of interest. Investigating acts of
corruption and prosecuting it by anti-corruption agencies also appears
problematic as, for example, the Auditor General is an officer of Parliament
and reports to it. Even when such acts are to be prosecuted, the risk of some
powerful individuals exerting undue influence to subvert the cause of justice
remains high. Against this backdrop, this article critically examined corruption
risks within the Commission given the broad role it plays in Parliament,
especially in light of the extensive powers it wields, the moral questions that
may arise, and the challenges anti-corruption agencies face in their attempt to
combat the vice. It was found that the power of the Commission has been
previously challenged in court and the court interpreted the relevant law. As a
way forward, a salary review Board should be established to determine the
emoluments and incentives of MPs, which could lower corruption risks at the
Commission. Inadequate funding to anti-corruption agencies, inadequate human
resource capacity, and inadequate political will tend to hinder the
anti-corruption fight in Uganda posing mitigation challenges.
KEYWORDS
incentive pay, parliamentary commissioners, corruption risks, ethical concerns, mitigation challenges
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