MPs service award: A case for conflict of interest

The 8th Edition of Black’s Law Dictionary defines conflict of interest as a real or seeming incompatibility between one’s private interest and one’s public or fiduciary duties.

A conflict of interest occurs when an individual’s personal interest can or actually does compromise their judgment, decision or actions in performing their duties. There are three categories of conflicts of interest; actual, perceived, and potential.

Actual conflicts of interest are situations where, a person or someone with whom they have a special relationship such as a sibling, a parent or a spouse stands to make a personal benefit which may affect that person’s decision making in the performance of their duties.

A potential conflict of interest on the other hand arises where a person is not currently conflicted, but may in the future become conflicted. For example, if a doctor employed at a hospital has a spouse that owns a pharmaceutical business. At a given point in time, they may be faced with a decision to either refer patients to their spouse’s pharmacy as opposed to dispensing their employer’s drugs to the patient. 

Finally, a perceived conflict of interest is a situation in which an objective bystander may believe that the decision maker could be influenced in their official duties by their relationship or own personal interest such as a case where a supervisor has a spouse or relative in their department.

No person should be a judge in their own case, or in a matter in which they have an interest. This is because anyone charged with making a decision in which they stand to benefit may be tempted to place their interests above the interests of the public. 

In the public sphere, conflict of interest is prohibited to ensure that decisions affecting the public are taken with only public considerations in mind.  Conflict of interest is a breach of the Leadership Code Act. It prohibits a leader from taking part in the making of a decision in which he/she has a personal interest. Where a conflict of interest arises, the leader is required to declare his/her interest and refrain from participating in the matter.

This is standard good corporate governance practice, and similar provisions are found in the Companies Act, the Financial Institutions Act, the Public Procurement and Disposal of Public Assets Act, among others. 

The revelations in #UgandaParliamentExhibition of the shenanigans of the Parliamentary Commission and its decisions to increase the allowances and other awards of its members raises the spectre of conflict of interest. 

Conflict of interest can only be prosecuted by the Inspector General of Government (IGG) before the Leadership Tribunal and not the Director of Public Prosecution or any private prosecutor before the criminal courts.

The record of Parliament shows that the IGG argued strongly in favour of the decriminalisation of conflict of interest under the Anti-Corruption Act on the grounds that it was too difficult to prove beyond reasonable doubt. The available case law shows that the IGG has invoked the conflict-of-interest provision in two cases.

Prosecuting the four MPs for conflict of interest, if the evidence highlighted during #UgandaParliamentExhibition is to be believed, then on May 6, 2022, parliamentary commissioners Mathias Mpuuga, Solomon Silwany, Esther Afoyochan and Prossy Akampulila Mbabazi took part in a meeting of the Commission chaired by the Speaker of Parliament in which a decision was taken to give the four MPs a “service award”.

This is precisely the conduct that the offence of conflict of interest seeks to prohibit and punish. The only evidence required for prosecution is a certified copy of the minutes of the said meeting.

Prosecution of breaches of the Leadership Code can only be done before the Leadership Tribunal and by the IGG.

Unfortunately, the IGG has backtracked on her promise to investigate the #UgandaParliamentExhibition information, preferring the Auditor General to first complete these investigations.

Who will come to the rescue of our country Uganda?

Ms Lillian A. Drabo is an advocate in silent practice