Social media and other media platforms such as DailyExpress are awash with information that parish chiefs in some Districts like Bududa, Buliisa, Manafwa, Sebei, Ankole region, and Acholi are cited in the misuse of Emyooga and Parish Development Model (PDM) cash.
Allow me volunteer the best remedy in order to eliminate some of the factors militating against the implementation of the above Government programs .I still consider prison as too rough for these officers much as this is the punishment recommended by our laws .
Hindsight data indicates that During the Amin time in the 1970s, the rebel collaborators and the rebels themselves once found by the state research Bureau soldiers were executed in their home towns but did, this stop rebel activities in the country by implication prison for those found misusing Public funds may not stop white collar crimes in LGs and ministries,let us try another method and that is why am proposing continuous equipping of legal skills to every one charged with apublic responsibility inculding clrs, subcounty chiefs, those on committees of PDM etc
Jesus Christ while etiolated, hungry, and tired on some long distance trek and reached a fig tree and wanted its fruits and it had non, he cursed it for Being infertile,metaphorically Local Governments are supposed to be vessels taking public services to the community and if they carry no services the Locals down there will react the way Jesus reacted when he found afig tree with no figs and as a consequence less ballot papers in the ballot box, that is how our voters pay back .they act silently.
The exposure to strong legislations on how to combat white collar crimes in public offices through administrative law training may be helpful in empowering employees of all shades to strike out the difference between what is public money and private money.
Public funds come through approved budgets and are surrounded by thousands of policies on how they are to be spent, any expenditures must be in line with the necessary protocols on the same , However many employees unknowingly involved in wrong disburses of such funds and both junior and senior Officials of various entities are culprits as per the state criminal records available in Uganda .
The best remedy is to erase such factors that militate against proper utilisation of Government funds ,in essence the funds are supposed to be taken deep down in Bukalasi Bududa or Kabale-Muyebe to the actual beneficiaries but ends up hanging somewhere on people’s accounts in the cities and major towns instead of our people deep there whom it is meant to be taken to. Of course, I am cognizant of the fact that more money goes to the beneficiaries than what is emblezzled by some officials ,but throwing this culprits in police cells or prison will not help the criminal mind of the worker but such appetite can be cured through proper and continuous trainings in fields of administrative law and other financial courses particularly to amplify the varous risks and consequences available to those who misuse public funds .
Of late ihave seen very high officials in Government such as permanent secretaries,members of Parliament,chief administrative officers, town clerks, and low-ranked employees like sub counties parish chiefs being indicted for various crimes in line with their duties ,true that some of them like permanent secretaries may have acquired skills in administrative law and yet they decide to veer off from the commands of the law and abuse their offices , however one can posit and say that perphaps without the law skills they possess the situation would have been more dire, as they would have engaged in actual plunder of public resources on unimaginable scale if they were not to be restrained with the knowledge of the law .
Many people divert public resources under the cover of superior authority,this has no defense whatsoever in law,nobody can instruct you to divert public resources and actually the anti_ corruption Act 2009 in sec 2 upto 6 is more clear ,if am allowed to quote it verbatim those sections state that ‘ any divert of public resources to activities that were not hirtherto budgeted for is corruption’.
The strong punitive punishments outlined in the anti corruption Act, penal code Act and the criminal procedure code Act may act as a deterrent against evil behavior towards resources meant for the poor Ugandans across the country.
Court and police records capture significant statistics on Government employees involved in abuse of public funds among which inculde District commercial officials,parish chiefs and other focal persons charged with implementation of Government programs among which inculde the parish development model (PDM) and the yourths fund commonly christened Emyooga while others have been implicated in divert of salaries of workers
Research findings indicates about that 30% of this fund is not well accounted leading to the indictment, imprisonment and other discplinary measures to those found messing the fund around.
On average every District across Uganda has a maximum of at least 10 officials at whatever rank implicated in misuse of public funds leading to either summons , indictment and not limited to termination of services and at it’s extreme imprisonment.
The Parish development model (PDM)is cascaded down to various parish levels across uganda in over 10,000 parishes in Uganda which house of over 70,000 villages and a population of over 30m ugandans staying in rural areas and that is where majority of our people stay as per Uganda Bureau of statistics(UBOS).
The Parish Development model funds are meant to be allocated to certain groups in the country especially low income earners,women and other groups like yourths and PWDS to boast their capacity to do trade and it is distributed through the ministry of finance,Districts upto the parish level and accessed through the various SACCOS.
In order to combat factors that militate against proper use of this fund ,there is sufficient scholarly literature on what should be done among which is ensuring that all it’s implementers are well-equipped with reasonable legal skills, particularly in areas of administrative law.
Academic Environmental scanning indicates that Makerere University has a series of centres which are based on the decentralization policy of the Government and hence reasonably spread to places like Mbale ,Jinja and Lira where administrative law learning takes place.as the words vice president ULGA and kapchorwa Lcv chairperson makerere university has helped us by bringing administrative law training to the door steps of the varous LGs and we appreciate this gesture by the university management.
Local Government literature attribute improved distribution of such funds to roles played by universities such as makerere university where reasonable employees have been trained in administrative law and those who have actually been arrested are staffs who have rejected taking on board legal skills.
Makerere university according to available data captured by various LG service commissions, the NCHE and university council are credited for training district education officers and town clerks, subcounty chiefs at it’s mbale based study centre therefore by significantly building capacity of local Governments employees to serve well by equipping them with skills in administrative law, public administration there by contributing to an improved pool of manpower in LGs and ministries.
The course units bieng taught are designed to impart learners with skills and principles in appreciating the role of the criminal law such as various offences and punishments ,defenses for criminal liability, vicarious liability offenses,strict liability offenses , appreciate reasonable understanding of the anti corruption Act , leadership code Act
Tripartite system of Government which cascades down to local Governments,case law scenarios inculding decided cases
The administrative law curriculum captures the following units taught introduction to law knowledge which exposes learners to the whole legal architecture tourching on anumber of broad units taught such as sources of law , stracture of the court system in Uganda , theories of law ,branches of law ,law making in Local Governments particularly on authority of sec 38 of the Local Government Act and other key concepts like natural justice principles.
Other units bieng taught inculde criminal law ,which puts emphasis on punitive measures available in law for those found breaking the law,offences such as theft , corruption,embezzlement and other white collar crimes and the heavy punishment for attendant criminal behaviours once one is found culpable.
Constitutional law as a unit it is principally meant to point out the separation of roles by the varous state actors with no one state actor should exercise the core tasks of another actor ,and what can’t be glossed over is it’s rich knowledge on the presumptions of innocence by all accused persons as firmly enshrined in Art 28, more constitutional mileage to learners on areas to do their rights at the work place like right to life ,right to bail in criminal offences, economic rights , right to fair hearing for any appearing before an administrative tribunal etc
Knowledge of administrative authorities is exposed to learners to appreciate the roles of various units of Government and their roles.
Other course units are contract law and family law among others. The above once grasped will make one to appreciate the severity of the varous punishments and such knowledge may make one move away from engaging in criminal behaviors.
One of the leading authors on white collar crime Edwin Sutherland when he wrote and highlighted that even staffs public offices are engaged in acts of theft he faced aback lash in the early 1930s and who can forget statements of felle kuti the famous Nigerian singer who also claimed that those who steal using a pen rob more than those who use the gun.
Let us acquire the relevant knowledge on criminology and administrative law and cease becoming liabilities to our work places but work as assets in the work place.
The writer is a researcher and PhD scholar based in Mbale!
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