Prime
On gifts, bribes and commissions
Jasper Tumuhimbise
What you need to know:
- What baffles me is why government departments and agencies, which could address some of these seemingly minor cases, do not do so
Recently, I read with great curiosity a story in the Daily Monitor of September 11, titled “Kayunga Officials on the Spot over Gifts from Head teachers.” What surprised me was not the allegation from the district councillors regarding the forced giving and receiving of gifts, but rather the formal and unusual acceptance by the district education officer , who claimed that he never forced anyone to send gifts to him and others. However, he did mention that all 12 beneficiary head teachers received grants from the government.
While reading this article, I recalled some cases from my time working with the Inspectorate of Government between 2001 and 2003. The first involved a commissioner in the Education ministry who solicited contributions from principals all over Uganda for his daughter’s wedding, with this practice occurring every term. When questioned about the ongoing contributions through a local bank, he claimed he couldn’t stop anyone from supporting his daughter post-wedding and even punished those who did not contribute.
The second case was intriguing. An 80-year-old retired nurse from Ntungamo came to my office one day. She inquired if I was the person she was looking for and then proceeded to unwrap her ‘gomesi.’ After a while, she revealed a bundle of money wrapped in a dirty and old handkerchief, stating that it was a ‘gift’ for me. I refused and asked her why she was doing this. She explained that after 20 years of pursuing her pension, it had finally been granted, and she traced the case officer to express her gratitude with a gift. I insisted that I couldn’t accept it, but she explained that in her culture, it was unacceptable to refuse a gift when someone ‘visited with a gift.’
After a brief discussion and even a threat of arrest, she recounted her struggles with pension officers and asked what she could do for me in tears. I simply requested a hug, and she put down her walking stick, giving me the gift of a hug.
Firstly, I must emphasise that some civil servants are enduring absurd situations due to a changed and insidious culture of corruption.
Any act that persuades someone to behave differently or act favourably towards another person, whether before or after a public activity, qualifies as an inducement. Therefore, it becomes challenging to distinguish between a gift and a bribe, a bonus and a commission, extortion and persuasion, giving and demanding, as long as the relationship involves a ‘boss’ and a ‘servant,’ a manipulator with a tool, or a master and servant.
The Leadership Code Act (2003) as amended, the PPDA Act (2003), Public Service Standing Orders, and various institutional codes of conduct address all forms of inducement, including gifts and hospitality. Specifically, any amount or item costing more than five currency points (Shs100,000) should be declared by the receiver. In this case, the officials, including the DEO, failed to declare the items, including goats, as required by law to the Chief Administrative Officer.
Regrettably, there is a prevailing notion in our nation that grants aimed at improving service provision are considered favours. Public service is no longer an obligation but a privilege! Consequently, many duty bearers act as if they must satisfy their insatiable greed with any grants or funds from the government. Even the recipients feel compelled to express “gratitude” to protect their jobs or future interests.
In a nation where people can engage in theft and remain in office, even while facing court proceedings (as seen in the recent iron sheets saga), many of these actions will continue to be reported. Many of us will read and reference such articles as research materials. What baffles me is why government departments and agencies, which could address some of these seemingly minor cases, do not do so, at least to safeguard the remaining resources from those who act like scavengers.
Mr Jasper Tumuhimbise is a governance expert, clergy and GCEO of Church Commissioners Holding Company Ltd.
