A POPULAR Nigerian proverb says, “…when a hyena wants to eat its children, it first accuses the children of smelling like a goat’, while in International relations, they say ‘there are no permanent friends or permanent enemies but permanent interests”.
Most or all politicians in Uganda have invoked the statement/proverb more often than ever to justify their policies, actions or attitudes towards certain individuals or groups.
Now, the former Makindye East John Ssimbwa who, together with some colleagues recently generated a very hot dossier to the NRM Chairman President Yoweri Museveni asking him to reign over corrupt officials is all praise for the NUP pinnacle Chief Robert Ssentamu Kyagulanyi, better known by his stage name as Bobi Wine.
John Ssimbwa, in a six page dossier has no kind words for the Nyendo-Mukungwe MP/former Leader of Opposition in Parliament (LoP) Mathias Mpuuga over the 500M/=so called Service Award which could have been injected into more productive public ventures.
“…stop blaming Kyagulanyi for taking corrective administrative measures against the NUP Commissioner because the action of pocketing the 500M/= is against the principles and core values of NUP…” Ssimbwa roars in his controversial eye-tearing letter.
Ssimbwa in the letter addressed to “all Ugandans who believe in good governance, transparency and accountability uses the popular old adage which says ‘those attacking the throne had better kill the king on the first shot”, implying Kyagulanyi was right to act first.
Sounding rhetoric, Ssimbwa labels the service Award given to the Parliamentary Commissioners as an illegal and morally wrong practice at a time when Ugandans are grappling with hard economic times.
We at Watchdog Uganda are happy to share with you John Ssimbwa’s dossier verbatim, read on:
TO: all Ugandans who believe in good governance, transparency and accountability.
DATED: 2st March 2024
“IN MY OWN EYE”
STOP BLAMING HON. KYAGULANYI FOR TAKING CORRECTIVE ADMINISTRATIVE MEASURES AGAINST THE NUP COMMISIONER BECAUSE THE ACTION OF POCKETING THE UG. SHS 500/=MILLION SHILLINGS IS AGAINST THE PRINCIPLES AND CORE VALUES OF NUP
I have been following the hullaballo going round about the corrective administrative measures taken by the top leadership of NUP against one of their own Hon. Mathias Mpuga in regard to the Ug. Sh. 500 million that he and other parliamentary commissioners pocketed as a “service reward”. In my own eyes I wish to applaud the top leadership of NUP under the able leadership and stewardess of Hon. Kyagulanyi for having come out boldly without fear or favor and confronted this moral illegitimate wrong.
As the old adage say; “that those attacking the throne had better kill the King on the first shot.” Hon. Kyagulanyi could not wait to start his war against suspected and or alleged corruption, abuse of office and conflict of interest from the “small fish” as they have always blamed President Museveni. The opposition politicians have been blaming President Museveni for shielding “the big fish” and instead spend his energies on the “small fish”. How different would Hon. Kyagulanyi be if he had not acted against his own “big fish”.
First and foremost, we need to ask ourselves two important questions:
- Is Kyagulanyi and his colleagues wrong/right to take the corrective administrative measure they took against their own Deputy President?
- Is the so called “service reward” given to the Parliamentary Commissioners legal, legitimate, morally wrong or otherwise?
In my own eyes, I believe that Hon. Kyagulanyi and his colleagues in the top leadership of NUP are right to take this administrative measure against their very own because NUP as a Party was started on the principles of servant leadership, equality, transparency, accountability, integrity, inclusiveness, fidelity and service. Their vision is building a free, united, prosperous and democratic Uganda that empowers its citizens, adheres to the rule of law and ensures dignity. Among NUP’s core governance issues is zero tolerance to corruption practices. In safeguarding its principles, values and governance issues, NUP like any other principled Organization would do, took this bold difficult and painful decision.
In my own eyes, I saw that when NUP was formed many politicians run away from their parties to join the National Unity Platform but unfortunately many did so unaware of its principles, values and core governance issues because their main interest and aim at that time was to only win positions and those who were aware believed that NUP would behave “normally” like the other many political parties in Uganda. I wasn’t therefore surprised when some NUP supporters in Masaka came out to gang against their NUP leaders at Kavule and Kamwokya because there are many party supporters even in other parties NRM inclusive that blindly support their parties without taking time to know the principles, values and vision that the Parties they support stand for. These have now forgotten that these are the same issues they were blaming NRM. I was also confronted by the same scenario when I moved a private member’s bill to amend the Anti-Corruption Act to provide for the mandatory confiscation of property belonging to persons convicted of the offence of corruption. Many supporters of NRM confronted me alleging that I was targeting President Yoweri Musevi and his family since I had included provisions to confiscate properties of close relatives of convicted criminals like wives, children, concubines and others who could not explain the source of their properties and where there were linkages between the convicted person and the property of the close relative. I was bashed by the so called supporters of NRM but I forgave them because they didn’t know the principles of transparency, accountability and integrity that form the basis of accessing positions of responsibility in NRM. So Hon. Kyagulanyi, be strong, stand firm and stay focused because you are the fountain of honor for NUP and everybody expects you to ensure that the principles and core values of NUP are followed. Some observers say that the other commissioners who received the so called “service rewards” should also face the same consequences like Hon. Mpuga but like the Baganda say “Bwa ddenne ligambwako nyini lyo…….”
The second question we need to reflect on is whether this so called “service reward” is morally right, legitimate, appropriate or regular. I am not here to vindicate anybody. Let us not forget so easily, it is not many years ago when the Parliament of Uganda and Ugandans in general crucified the 42 government officers who received a “handshake” from President Yoweri Museveni for winning a case of tax recovery against Heritage Oil and Gas Ltd. When COSASE eventually investigated the matter, a report was subsequently tabled on the floor of Parliament and it was resolved that the then so called “handshake” to the government officers contravened the Constitution, The National Honors Awards Act, The Public Service Standing Orders and the Public Finance Management Act. During the moving of the motion that led to the COSASE investigations, the current Speaker of Parliament and the Chairman of the Parliamentary Commission now Rt. Hon. Anita Among said that even though the Public Service Standing Orders provide for such rewards including cash bonuses, but it was unethical and unprofessional for public officers to solicit for a reward. In this case therefore how do we know that the Parliamentary Commissioners didn’t solicit for the “service reward” from the Parliamentary Commission and Madam Speaker how does it become ethical now to give this “service reward”?
Going back to the so called “service reward”, we need to look at some sections of the Leadership Code Act. It is in breach of the Leadership Code Act for a leader to deal with a matter in which he or she has interest and where he or she is in position to influence the matter directly or indirectly, in the course of his or her official duties mostly when he is not guided by any law. In this case the Parliamentary Commissioners sat and dealt in a matter of the “service reward” which matter was for their own personal benefit without guidance from any law. In my own eyes, I believe that this constitutes a conflict of interest which is against the Leadership Code Act.
Secondly how could Kyagulanyi and his top NUP leadership know that the so called service reward was not a benefit or a gift or a favor given to the Commissioners as a form of gratification in exchange for any other act or omission in the performance of the duties of the public function of a commissioner because that “service reward” is not backed by any specific law. We should not hide behind the gratuity of members of Parliament in defending the so called “service reward” because this gratuity or pension is governed by the Parliamentary Pensions Act. Under this law deductions are made from each monthly payment of the pensionable emolument made to a Member of Parliament and government also makes a contribution to the scheme. So this “service reward” does not in any way fall within the armpits of gratuity and it is morally wrong and an insult to relate the “service reward” with gratuity/pension.
Furthermore, unless otherwise proved to the contrary, this so called “service reward” was not appropriated in the budget of the Parliament Commission for that particular role and any conversion, transfer or disposal of public funds for purposes unrelated to that for which resources were intended, for the benefit of third parties is diversion of public resources under the Anti-Corruption Act. So could we be informed by Parliament, from which vote did it withdraw the so called “service reward” and if it is found out that it was a diversion then those involved in the scam will be culpable.
We all need to know that any person who being employed in a public body like Parliament does or directs to be done an arbitrary act prejudicial to the interests of his or her employer or of any person, in abuse of the authority of his or her office commits an offence of abuse of office. So Hon. Kyagulanyi and the top leadership of NUP might be right in their wisdom to take the bold action against their own senior leaders because of the aforementioned.
In my own eyes, the Office of the leader of opposition is established by Article 82A of the Constitution of Uganda and is further supported by the Administration of Parliament (Amendment) Act and when you look at that law, the leader of opposition is at the status of a cabinet Minister and his or her benefits and privileges are the same as those of cabinet minister. So does a cabinet minister also get such a “service reward” after his tour of duty?
In conclusion therefore and in my own eyes I believe that there are many questions about the so called “service reward” that need to be answered by the Commission of Parliament but since the Commissioners are beneficiaries, we don’t expect much from them. It would therefore be prudent for the Inspector General of Government to investigate the matter and find out the source of these funds, and to also establish whether the so called “service reward” contravenes the laws of Uganda.
Alluta Continua
Yours
Ssimbwa John (0751519193)
Former Member of Parliament for Makindye East
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