Leadership Code Act

This section provides definitions of terms used in the Code.

A leader or public officer must not knowingly or recklessly submit a declaration or give an account that is false, misleading or insufficient in any material particular.

Declarations are public and may be accessed by the public under conditions; applicants must apply in writing with the prescribed fee; the Inspectorate must decide within specified timeframes and may provide certified copies or viewing; fees are capped at twenty-five currency points.

The Leadership Code is to be enforced by the Inspectorate and the Tribunal.

The Inspectorate must perform specified enforcement functions under the Code, including receiving and verifying declarations, investigating breaches, reporting and prosecuting matters to tribunals and the Directorate of Public Prosecutions, recommending payments, collaborating with agencies, investigating former leaders or public officers, and performing other prescribed functions.

A leader must submit a written declaration of income, assets and liabilities to the Inspectorate (in the prescribed form) every two years during March, within three months after becoming a leader, and before term expiration in specified cases; must state how assets/liabilities were acquired, ensure declarations are true, and where possible provide proof; late, false or omitted declarations without justifiable cause breach the Code.

Public officers who are not leaders must, within three months after appointment and thereafter every five years during April, submit to the Inspector General a written declaration of income, assets and liabilities; the Inspectorate may verify declarations, must inform the officer and appoint a date to commence verification, shall submit a report three months after verification and must carry out verification within ninety working days.

Leaders and public officers must not include in their declaration to the Inspectorate any income, assets or liabilities they do not own, have not yet acquired, or have no interest in at the time of declaring.

The Inspectorate may verify a leader's declaration and has procedural duties including informing the leader, appointing a start date, reporting findings within three months, complying with natural justice, and completing verification within 90 working days.

Who may request verification: a person who obtains a declaration under section 11, or who has reason to believe that a leader’s or public officer’s declaration is inaccurate, or who has information concerning a leader’s or public officer’s income, assets or liabilities.

The Inspector General may, by written notice, require a leader or public officer to account for matters in a submitted declaration; failure without reasonable cause to comply within sixty days is a breach and attracts fines, withholding of emoluments and disciplinary measures.

Leaders and public officers must disclose gifts of value ten currency points or above received from one source in any 12‑month period; limited personal gifts and small souvenirs (up to five currency points) may be accepted; consult the Inspector General when in doubt; the Inspectorate issues guidelines.

A leader or public officer must not accept property or gifts that influence, or are likely to influence, them to do a favour for anyone.

Leaders (and spouses/agents or entities they control) must not seek, accept or hold contracts with government/public bodies they control or with foreign businesses where there's a likely conflict with the public interest.

Leaders and public officers must declare personal interests, comply with directions to avoid conflicts, and refrain from participating in related deliberations; they must not influence contract awards.

Leaders and public officers must protect and preserve public property entrusted to their use and must not use it for unauthorised purposes; they must make good any loss and may face sanctions including warning, demotion or dismissal.

Leaders and public officers must not use or allow others to use non-public information obtained through their office to further private interests; limited educational and similar uses are excepted; breach may lead to warning, demotion, dismissal or vacating office.

Leaders and public officers are prohibited from using their office for private gain, acting against government interests, serving foreign interests detrimentally, practising nepotism, abusing office to prejudice rights or harass subordinates, holding certain foreign directorships or commission-agent businesses, accepting certain foreign-related gifts, and holding offices of profit that compromise their duties; specified acts may be allowed with prior written approval of the Inspector General for those in Schedule 3.

Leaders and public officers must disclose offers and acceptances of future employment to the Inspector General; they must not let expectations or offers of future employment influence their official duties.

Former leaders and public officers are prohibited for ten years after leaving office from acting for others or disclosing non-public government information; breach is an offence punishable by a fine up to twenty-five currency points or up to one year imprisonment, and the court may order forfeiture of any monetary benefit obtained.

Sets how complaints to the Inspectorate are lodged, registered and investigated; requires the Inspectorate to inform affected leaders and gives complainants a right to be informed; requires a leader or public officer to respond within thirty days; creates an offence for knowingly giving false information with fines or imprisonment.

Section Report of Inspectorate Section Upon completion of an investigation under section 21(3) , the Inspectorate shall— The report of the Inspectorate under subsection (1) shall set out— in case of a finding disclosing an act or omission

The Tribunal must consist of a Chairperson, Deputy Chairperson and three other members, at least two of whom shall be female.

The Tribunal must carry out specified functions: receive, examine and adjudicate breaches and certain complaints, decide matters referred by the Inspectorate and submit decisions, and recommend disciplinary action against a leader.

The President appoints the Chairperson, Deputy Chairperson and other Tribunal members on the advice of the Judicial Service Commission and with Parliament's approval; a person cannot be appointed Chairperson or Deputy Chairperson unless qualified to be a High Court judge; the Deputy Chairperson presides when the Chairperson is absent.

A person is eligible for appointment as a member of the Tribunal only if they are a Ugandan citizen, of high moral character and proven integrity, possess considerable experience and competence, hold a recognized degree, and have at least ten years' work experience (except for the Chairperson and Deputy Chairperson).

A member of the Tribunal holds office for five years and is eligible for re-appointment for only one further term.

The Chairperson or member must hold office under the terms in their letter of appointment; a member must resign if serving in an office listed in Schedule 2 or 3; a judge's existing tenure and rights are not affected by appointment to the Tribunal.

A person appointed as Chairperson or member of the Tribunal must, before assuming office duties, take and subscribe the Oath of Allegiance and the Judicial Oath.

The section governs removal, suspension, resignation, committee inquiry and related appointments for the Chairperson or members of the Tribunal.

Members of the Tribunal who have an interest in a matter must disclose that interest to the parties at any stage; a member who discloses must not take part in decisions on that matter; failure to disclose and participating is an offence punishable by a fine not exceeding 150 currency points or up to three years' imprisonment, or both.

The Tribunal must have a seal, and the Tribunal must affix its seal to documents required to be sealed by the Chairperson's direction.

The Chairperson must ensure the orderly and expeditious discharge of the Tribunal's business and give directions about the arrangement of business, where the Tribunal sits, and Tribunal procedure.

The Tribunal must have a quorum of three members.

The Chairperson and a member of the Tribunal must be paid remuneration determined by the Minister in consultation with the Minister responsible for finance.

The Tribunal's funds include parliamentary appropriations, Minister-approved grants and other Minister-approved money; the registrar administers the funds; the Tribunal must keep proper books subject to audit by the Auditor General.

The Tribunal's financial year is a twelve-month period starting 1 July and ending 30 June of the following year.

The Chairperson must submit to the Minister an annual report, including audited accounts.

The Tribunal has jurisdiction to hear and determine breaches referred by the Inspectorate under section 22 and complaints by persons aggrieved by Inspectorate decisions under section 11(7).

The Tribunal has powers like the High Court in hearings: it shall take evidence on oath and may summon persons, receive affidavit evidence, administer interrogatories, adjourn hearings, proceed in absence with reasonable notice, issue commissions abroad, and make enforceable orders as to costs.

The Tribunal sets its own procedure, must conduct proceedings with minimal formality, is not bound by the rules of evidence, may inform itself and apply court practice rules, and shall have assistance available to courts in Uganda.

In proceedings before the Tribunal, a party may appear in person or be represented by an advocate or another person of their choice.

The Tribunal must promptly make a written decision with reasons after the hearing, provide that decision within seven days to specified parties, and may impose punishments (from section 63) if it finds a contravention.

An aggrieved party may appeal a Tribunal decision to the High Court within thirty days of notification; the High Court must hear and determine the appeal and may order affirmation, setting aside, or remittance to the Tribunal.

Creates the office of Registrar of the Tribunal, requires the Registrar to be qualified as a High Court Registrar, requires appointment by the Minister in consultation with the Judicial Service Commission, and assigns the Registrar responsibility for administration, records and document processing.

The Public Service Commission shall appoint the officers and staff of the Tribunal.

A person served with a summons by the Registrar must either appear as a witness before the Tribunal or produce a book, document or thing.

Anyone must not insult Tribunal members, interrupt Tribunal proceedings, create disturbances at tribunal sittings, or do acts that would amount to contempt of court.

Sets deadlines and procedural steps for the Registrar, the authorised person and reporting to the Tribunal following a Tribunal decision, and prescribes effects and requirements when dismissal or removal from office occurs.

If a Tribunal finds a leader or public officer obtained property in breach of the Code, that leader or officer must forfeit the property; the Tribunal may also order them to pay compensation to the Government or a public body.

The Inspector General may order restrictions on bank accounts or property of leaders, public officers or investigated persons; affected leaders/public officers are allowed reasonable access and may withdraw amounts the Inspector General deems reasonable.

Subject to the Act, the Inspectorate may summon persons able to give information, require them to produce documents and to attend and be examined on oath.

Protects persons who provide information to the Inspectorate by prohibiting disclosure of their identity, allows rewards as the Inspector General deems fit, and makes unlawful disclosure or victimisation an offence punishable by a fine up to one hundred twenty currency points or imprisonment up to five years, or both.

The Inspectorate may make rules regulating procedure under this Code, subject to the Code's provisions and after consulting the Minister and the Attorney General.

The Inspectorate must observe the rules of natural justice when investigating an allegation under this Code.

A witness called by the Inspectorate to give evidence during investigations is entitled to allowances determined by the Inspector General.

Any person who knowingly makes false, malicious, frivolous or vexatious allegations against someone commits an offence and may be fined up to 120 currency points or imprisoned for up to five years, or both.

When enforcing the Code, the Inspectorate shall have all the powers conferred on it by Chapter Thirteen of the Constitution or any other law.

The Inspectorate may, by order signed by the Inspector General or Deputy Inspector General, authorise persons under its control to inspect various bank accounts; orders authorize disclosure/production of required information; refusal or unreasonable failure to comply is an offence punishable by up to 150 currency points or up to three years' imprisonment, or both.

Specifies which named official or body is the authorised person to act on breaches of the Code for different office-holders (for example, Speaker or Deputy Speaker for members of Parliament; district council for district chairperson; subcounty council for subcounty chairperson), and requires the Inspector General and Deputy Inspector General to declare assets to the Speaker with breaches by them to be dealt with by Parliament; Parliament may appoint a non-public entity to verify or investigate and report to the Speaker.

If the Tribunal finds a violation by a chief administrative officer (or deputy) the authorised person is the Public Service Commission; if by a town clerk (or other district employee) the authorised person is the District Service Commission.

Officers of the Inspectorate acting on instructions of the Inspector General or Deputy Inspector General are exempt from civil or criminal liability for acts done in good faith in the performance of duties, subject to this Code.

Leaders and public officers who breach the Code are liable to specified penalties including fines, warnings or cautions, demotion, dismissal, confiscation or forfeiture of unlawfully acquired property, withholding of emoluments, and related sanctions.

Any person must not wilfully obstruct or hinder an official acting under the Code, and must not divulge information obtained in the course of duty without lawful justification.

The Inspectorate must include, in its statutory report to Parliament under Article 231 of the Constitution, a report on its enforcement of this Code.

The Minister may, in consultation with the Inspector General, by statutory instrument, make regulations to carry out this Code.

The Minister may amend Schedule 1 with Cabinet approval, and may make an order to amend Schedules 2 and 3 after Parliament approves by resolution; both actions are by statutory instrument.