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Article
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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