Years pass without permanent leaders at UCC, BOU and NAGRC 

The Uganda Communications Commission (UCC), the Bank of Uganda, and the National Animal Genetic Resources Centre and Data Bank (NAGRC&DB) are among several public entities that have been without substantive senior management members for several years.

During a recent appearance before the committee on Commissions, Statutory Authorities, and State enterprises (Cosase), led by Joel Ssenyonyi, Dr Richard Beine, the executive director of the National Animal Genetic Resources Centre and Data Bank (NAGRC & DB), sent shockwaves when he discussed eight positions at NAGRC & DB that have been held in an acting capacity for the past three years.

The acting positions at NAGRC & DB include roles such as manager of production, head of finance and administration, procurement officer, senior farm manager, technical manager of production, deputy manager of technical production, and others.

Beine was before the Cosase to address audit queries arising from the auditor general’s report on NAGRC & DB for the year ending in June 2022. Beine informed the Ssenyonyi committee that the eight substantive office holders had been interdicted on corruption charges about three years ago.

He noted that they couldn’t fill the positions until the cases against these eight interdicted staff members had been resolved. Beine stated that this advice had come from the office of the Solicitor General.

However, Beine’s revelation sparked discontent among Joel Ssenyonyi and other members of the committee. According to Ssenyonyi, the interdiction of staff had been prolonged beyond the stipulated six months as outlined in the Public Service standing orders.

Section F-(15) of the Public Service standing orders states, in part, “If the responsible officer is unable to conclude an investigation within six months, the interdiction may be lifted on the condition that the matter will be revisited when further evidence by the investigating bodies is presented.”

A visibly perturbed Ssenyonyi advised that Beine, who also serves as a member of the NAGRC & DB board, should raise the matter before the board to facilitate finding a solution.

Nonetheless, the situation at NAGRC & DB is not isolated to them, as several other government entities have also lacked substantive office occupants for extended periods. Following the retirement of UCC’s executive director, Geofrey Mutabazi, in 2020, Eng Irene Kaggwa Sewankambo took over as the entity’s acting executive director. However, three years later, UCC has yet to appoint a substantive head.

Since the passing of Bank of Uganda’s governor, Emmanuel Tumusiime-Mutebile, in 2022, the responsibilities of the governor have been shouldered by Michael Atingi Ego, the deputy governor of BOU.

Since then, Atingi has been balancing the roles of both governor and deputy governor. Section Four of the Bank of Uganda Act, 2000, specifies that “there shall be a governor who shall be an individual with recognized financial or banking experience, appointed by the President based on cabinet advice.”

The same legislation stipulates that the governor will preside over all board meetings, with the deputy governor assuming this role in the governor’s absence.

In a previous interview with The Observer, Dr. Fred Muhumuza, the director of the Economic Forum at Makerere University Business School, stated that there are no central bank functions that the deputy governor couldn’t fulfill. Muhumuza contended that any internal administrative operations within the bank would require significant exposure for the public to become aware of them.

He further explained, “For instance, in the governor’s absence, how are internal administrative decisions, such as promotions and dismissals, being made? These questions arise because the governor also acts as the chief administrative officer of the bank. Despite responsibilities being divided among departments, the governor ultimately holds the highest responsibility.”

Reflecting on the extended duration it took for the president to appoint a new governor, Muhumuza suggested that parliament should revisit the Bank of Uganda Act and establish a specific timeframe within which a new governor must be appointed. He asserted that this measure could prevent a recurrence of such a situation where the country remains without a substantive governor for over a year in the future.

The Constitution of the Republic of Uganda confers the authority to appoint a governor to the president. Recently, Dr Byarugaba Baterana, the embattled executive director of Mulago national referral hospital, was reinstated as the head of the hospital.

Baterana had previously been suspended from office due to allegations of widespread corruption during his tenure at the helm of Mulago. The decision to lift Baterana’s suspension is documented in a letter dated June 21, 2023, authored by Dr Diana Atwine, the permanent secretary of the ministry of Health.

In December 2022, the Constitutional court ruled that the appointment of judges in an acting capacity contravenes the provisions of the 1995 Constitution, rendering such appointments null and void. The court directed the Judicial Service Commission (JSC) to regularize the appointment of the 16 High court judges who had been appointed in this manner.

Following the advice of the JSC, President Museveni designated 16 judges of the High court to serve in acting roles for a period of two years. This appointment was subsequently contested in the Constitutional court by Dr. Busingye Kabumba, a law professor at Makerere University, and human rights lawyer Andrew Karamagi.

Speaking with The Observer, Ivan Bwowe, one of the lawyers who had represented Kabumba and Karamagi in the case involving acting judges, noted that the practice of appointing acting officials within the public service had been exploited by those in authority.

He emphasized, “An acting office holder cannot fulfill the role of a substantive office holder. If they have the capacity to appoint permanent officials, then they should also commit to appointing permanent officials. The tendency to appoint acting officials highlights the issue of patronage often employed by the executive branch. It reflects the government’s operational approach. The government should uphold the rule of law.”

Bwowe highlighted that it is unlawful for an official to remain interdicted beyond the legally stipulated six-month period established in the public service standing orders. He further noted that when interdictions exceed this timeframe, it is the government that bears the consequences, as such positions cannot be filled until the interdicted individuals are either cleared or convicted.

He cautioned, “If the interdicted staff members are ultimately exonerated, the government could face legal action for damages. The delays in case resolution underscore the inefficiencies within government institutions. In an ideal scenario, these cases should have been resolved by now. Waiting for justice for three years is an unacceptably long duration.”

On July 24, 2023, Daniel Nangalama was appointed as the acting executive director of the Uganda National Bureau of Standards. Nangalama succeeded Dr Daniel Ebiru, who was removed from his position due to allegations of corruption and financial misconduct at UNBS.