PREVENTION OF CORRUPTION PREVENTION OF CORRUPTION IN THE JUDICIARYIN THE JUDICIARY

““INCREASING INVOLVEMENT AND AWARENESS IN THE LEGAL INCREASING INVOLVEMENT AND AWARENESS IN THE LEGAL

PROFFESSION ON ANTI CORRUPTION ISSUES IN UGANDA”PROFFESSION ON ANTI CORRUPTION ISSUES IN UGANDA”

A case study of the ULS PTF Project September 2008 – December 2009A case study of the ULS PTF Project September 2008 – December 2009

Sylvia N. MukasaSylvia N. Mukasa Executive DirectorExecutive Director

Uganda Law SocietyUganda Law Society

Objectives of the ProjectObjectives of the Project Identify gaps in current anti-corruption laws and regulations and Identify gaps in current anti-corruption laws and regulations and

suggest solutions to inform legislative reform;suggest solutions to inform legislative reform;

Identify ways in which the legal profession can promote good Identify ways in which the legal profession can promote good governance;governance;

Monitor the proceedings of the new Anti-Corruption Court (ACC) and Monitor the proceedings of the new Anti-Corruption Court (ACC) and to provide technical assistance at the bar;to provide technical assistance at the bar;

Constitute a multi-stakeholder Legal Experts Committee to provide Constitute a multi-stakeholder Legal Experts Committee to provide technical legal assistance to existing anti-corruption initiatives; andtechnical legal assistance to existing anti-corruption initiatives; and

Catalogue and document developments within the anti-corruption Catalogue and document developments within the anti-corruption arena at national, regional and international forums to benefit from arena at national, regional and international forums to benefit from best practices.best practices.

Key Activities ConductedKey Activities Conducted

Conducted an independent analysis of legislative and policy framework for Conducted an independent analysis of legislative and policy framework for combating corruption and submitted position papers on the Anti Corruption Bill combating corruption and submitted position papers on the Anti Corruption Bill and Whistleblowers Bill;and Whistleblowers Bill;

Held around table discussion on fighting corruption – it brought together key Held around table discussion on fighting corruption – it brought together key stakeholders, state & non state actors, grass roots anti corruption coalitions;stakeholders, state & non state actors, grass roots anti corruption coalitions;

Monitored the proceedings of the Anti Corruption Court and developed a brief Monitored the proceedings of the Anti Corruption Court and developed a brief highlighting the achievements and challenges of the Court;highlighting the achievements and challenges of the Court;

Constituted a multi-stakeholder Legal Experts Committee which met six times Constituted a multi-stakeholder Legal Experts Committee which met six times to to provide guidance on the project and review program team’s analysis and provide guidance on the project and review program team’s analysis and opinions;opinions;

Undertook field visits to the Regional anti corruption coalitions to gather Undertook field visits to the Regional anti corruption coalitions to gather information which was brought to the attention of the policy makers; andinformation which was brought to the attention of the policy makers; and

Documented local and international developments in the anti corruption arena Documented local and international developments in the anti corruption arena

Key AchievementsKey Achievements ULS was appointed to sit on the Court Users Committee of the Court and is ULS was appointed to sit on the Court Users Committee of the Court and is

recognized as a key stakeholder;recognized as a key stakeholder;

Raised concerns of ULS and regional anti corruption coalitions with the Chief Raised concerns of ULS and regional anti corruption coalitions with the Chief Justice which led to the interdiction of the Apac District Magistrate who had Justice which led to the interdiction of the Apac District Magistrate who had been alleged to be corrupt;been alleged to be corrupt;

Raised concerns about the understaffing in the Anti Corruption Court that led to Raised concerns about the understaffing in the Anti Corruption Court that led to the appointment of two additional Chief Magistrates and four Grade One the appointment of two additional Chief Magistrates and four Grade One Magistrates;Magistrates;

The Legal Experts Committee has evolved into an anti corruption think tank, The Legal Experts Committee has evolved into an anti corruption think tank, generating policy options and providing technical assistance to the regional anti generating policy options and providing technical assistance to the regional anti corruption initiatives;corruption initiatives;

Supported the Regional anti corruption coalitions by providing 8 legal opinions Supported the Regional anti corruption coalitions by providing 8 legal opinions and disseminating and sharing information on anti corruption developments in and disseminating and sharing information on anti corruption developments in Uganda;Uganda;

Key ChallengesKey Challenges

Whereas the legal framework is in place, government needs to show Whereas the legal framework is in place, government needs to show its political will by enforcing the law equally – not catching and its political will by enforcing the law equally – not catching and penalizing “a few small fish” and the rest go unpunished;penalizing “a few small fish” and the rest go unpunished;

Limited understanding by the public of the Anti Corruption Court and Limited understanding by the public of the Anti Corruption Court and access to it;access to it;

The need for legal backstopping by ULS to help ensure that complaints The need for legal backstopping by ULS to help ensure that complaints submitted by the coalition were appropriate and well documentedsubmitted by the coalition were appropriate and well documented

More needs to be done in documenting and disseminating success More needs to be done in documenting and disseminating success strategies in fighting corruption;strategies in fighting corruption;

The Anti Corruption Court and Directorate of Public Prosecutions need The Anti Corruption Court and Directorate of Public Prosecutions need to speed up the trial of grand corruption cases;to speed up the trial of grand corruption cases;

Lessons LearntLessons Learnt There is a need to foster continuous engagement between Government and There is a need to foster continuous engagement between Government and

Civil society in the fight against corruption. ULS is uniquely positioned to serve Civil society in the fight against corruption. ULS is uniquely positioned to serve as a conduit between the regions and the centre;as a conduit between the regions and the centre;

In order to influence policy and legal reform, CSOs need to be involved right In order to influence policy and legal reform, CSOs need to be involved right from the start of formulation of laws , once a bill is read in Parliament, there is from the start of formulation of laws , once a bill is read in Parliament, there is little room for changes to be incorporated;little room for changes to be incorporated;

Government is willing to adopt proposals from civil society if they are well Government is willing to adopt proposals from civil society if they are well researched and add value; andresearched and add value; and

When institutions are well facilitated and good infrastructures set up, there When institutions are well facilitated and good infrastructures set up, there bound to be positive results such as the Ant-corruption, whose approach to bound to be positive results such as the Ant-corruption, whose approach to justice has rejuvenated public confidence to the judiciaryjustice has rejuvenated public confidence to the judiciary..

Thank youThank you