<b>Background</b><br>The Leadership Code Act came into force on July 12, 2002. Section 4(1)(b) of the Act requires a leader to submit to the Inspector General of Government (IGG) a written declaration of income, assets and liabilities every two years during the month of March.
Background The Leadership Code Act came into force on July 12, 2002. Section 4(1)(b) of the Act requires a leader to submit to the Inspector General of Government (IGG) a written declaration of income, assets and liabilities every two years during the month of March. The submission of declarations was done in March 2005. The deadline was originally March 31 but was extended to April 15 as a result of an appeal made by leaders who received the declaration forms late. Hon John Ken Lukyamuzi is a Member of Parliament (MP) for Lubaga South and therefore specified as a leader under Section 2 of the Act and paragraph 8 of the second schedule to the Act. Declaration forms were distributed to MPs in October 2004, through the Clerk to Parliament. By April 15, 2005 and thereafter, Hon Lukyamuzi had not submitted his declaration as required by law.
Findings On February 11, 2005 the Clerk forwarded to me a list of MPs who received and signed for declaration forms. Hon Lukyamuzi was on the list and acknowledged receipt of a declaration form by signing against his name. By June 2, Hon Lukyamuzi had not submitted his declaration, and this office wrote to him giving him an opportunity to show cause why measures specified under Section 35 (b) should not be taken against him, and an opportunity to be heard in accordance with the Act. The letter was copied to the Speaker of Parliament. By July 2005, no response to the above letter was received from Hon Lukyamuzi. This office wrote a reminder letter dated July 6 to Hon Lukyamuzi. He was once again asked to show cause why measures specified under the Act should not be taken against him. He was given two weeks from the date of the letter within which to respond. He was further informed that a report of action taken against him in respect of the breach shall be made public under the Act. The letter was written to him through the Clerk for effective service. It was copied to the Speaker. The letter was delivered on July 8 to Parliament House Security Registry. Still there was no response from Hon Lukyamuzi. On August 3 this office wrote a letter to the Clerk and copied to the Speaker requesting the Clerk to confirm whether Hon Lukyamuzi had received the letter from this office dated July 6, 2005. The Clerk confirmed that the letter to Hon Lukyamuzi was put in his pigeon hole as is the normal practice for all MPs. The Clerk emphasised that the use of pigeonholes works to the satisfaction of everyone, Hon Lukyamuzi inclusive. He stated further that, “He must have received the letter.†On receipt of the Clerk’s confirmation, Hon Lukyamuzi was, through the Speaker, summoned to appear before the IGG on September 13 to explain why he refused to comply with the law and why measures specified under the Act should not be taken against him for breach of the Code. He was further informed that on failure to attend as requested, the law would be invoked without any further notice to him. On August 29 Hon Lukyamuzi came and met the IGG. He confirmed that he received the summons and that he came to pick a declaration form to complete and submit to the IGG. He promised to submit the declaration on Friday September 2. He was duly given a declaration form and asked to submit it with an explanation why he had failed to comply with the law. On September 2 Hon Lukyamuzi called the Director of Leadership Code on phone and informed her that he was unable to submit the declaration on that day, but promised to do so on September 5. However, Hon Lukyamuzi failed and/or refused to submit the declaration on September 5.
Hon Lukyamuzi did not even appear on September 13 before the IGG as summoned, or thereafter. He has to-date neither explained why he failed to declare, has not shown cause why action should not be taken against him for breach of the Code, nor submitted his declaration to the IGG in compliance with the law. Under Section 4 (8) of the Act therefore, Hon Lukyamuzi is in breach of the Code.
Observations Hon Lukyamuzi received and acknowledged receipt of the declaration form by signing against his name, before the deadline of March 31, 2005. He did not submit his declaration. This office sent two letters to Hon Lukyamuzi, giving him an opportunity to be heard and requiring him to comply with the Code by submitting his declaration. It is confirmed that he received the letter but still refused to comply with the law. He was summoned and he received the letter but came to the IGG before the due date of September 13 and picked another declaration form. He promised to submit his declaration but failed and/or refused to do so. Hon Lukyamuzi did not appear before the IGG on September 13 in response to the summons. Hon lukyamuzi breached Section 4 (8) of the Leadership Code Act. He was in accordance with Section 26 of the Act given an opportunity to be heard. He refused to show cause why measures specified under the Act should not be taken against him. He had no justifiable cause for failure to declare his income, assets and liabilities but deliberately and with impunity refused to submit his declaration.
Decision In the circumstances, the IGG found that Hon Lukyamuzi had no justifiable cause for failure to declare. He breached the Act. In accordance with Section 35 (b) therefore, Hon Lukyamuzi should vacate his seat as MP. In accordance with Section 31 (1) of the Act, the Speaker is requested to take action. This report of action shall be made public in accordance with Section 19 (2) of the Leadership Code. Ends