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Monday, 15 August 2011
 
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Is corruption institutionalised in Uganda?
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Jerome Mukasa


The conviction and light sentencing of Ugandan Member of Parliament for Tingey county, east of the country is an insult to justice.

Having found Herbert Sabila Kaale guilty of attempting to bribe Mr Wycliffe Mutabule, an official in the Ombudsman's office, the public expected the judge to issue a deterrent sentence to ensure that corruption is eradicated in this country where it is currently idolised.

Sabila retains his seat in parliament simply because the judge chose to fine him Shs4m (US$1938) instead of a sentence that would kick him out of the House.

According to Ugandan laws an MP who gets a jail sentence of more than nine months automatically loses his seat. It is absurd that that according to the judge, "the offence did not impact much on the national economy."

A statement like that sends wrong signals to the public especially those entrusted with public funds, assets and responsibilities. Justice John Bosco Katusti forgot that cases such as these are rampant yet very few are caught and successfully prosecuted. Therefore corruption can thrive while as long as there doesn't seem to be an impact on the economy.

The official from the Ombudsman's office must be feeling betrayed since he did his duty of fighting corruption but was let down by the court.

There are many questions to be asked: Does Sabila deserve to remain in Parliament and move by the title 'honourable' after being convicted for corruption? How does the ruling National Resistance Movement (NRM) party feel when one of their own brings such embarrassment to them?

Do the people of Tingey feel they have someone capable of leading them? Does the public feel obliged to respect the Judiciary and obey all laws?  Many more questions can be asked.

Most worrying is the fact that the laws are so lenient that judges can choose to give light sentences such as that meted out to Sabila. For an MP who earns close to Shs15m (US$7500) a month, Shs4m (US$1938) is nothing. The only thing certain is that a corrupt MP will this time be even more careful so as not to be caught but corruption will thrive.

As for Justice Katutsi he should know that by giving a light sentence he has set a precedent which other courts will keep quoting to defend corruption. This way another law is being written in the name of defending corruption.

This case touches on the moral fiber of society and highlights the government's reluctance to fight this evil. In more developed economies, any criminal record is enough to get someone out of public office and it is hard for the culprit to get employment even in the private sector. This is because standards are so high that a criminal record will certainly bring down the curtain on the culprit.

But in Uganda and not surprisingly in the East African region, if not in Africa, corruption is not something big to worry about.  Setting high standards would mean actually setting a trap for oneself, since by virtue of being in government there is a high probability that one will yield to the temptation of corruption.

This is perhaps the reason why the government is not bothered at all and that even organisations such as the Uganda Anti corruption Coalition, the Uganda Debt Network, Transparency etc chose to keep quiet while justice is being insulted.

It is time to change the law and ensure that the least qualification for any public office should be 'No criminal Record'. Short of this we shall continue to embrace corruption, crime and fraud.

Fraudsters will continue being elected mayors, cheats will retain their seats in Parliament and will even be named ministers after being censored and human dignity will completely lose meaning.

We can not let our society degenerate to that level. At least the people of Tingey county now know that whereas they have an MP, he no longer represents their interest because they are not corrupt like their MP. But to cleanse themselves, they must emit him out of Parliament and let sanity reign.

 
 
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