How the fight against corruption is actually the way this evil has grown and consolidated in our country
Two weeks ago, President Yoweri Museveni forced the minister of
Finance to reappoint Richard Byarugaba as Managing Director of the
National Social Security Fund (NSSF). The president argued that since
Byarugaba achieved and in many cases exceeded his performance targets,
his contract should have been renewed automatically. Museveni also
warned that if successful managers are fired instead of being rewarded,
it would send the wrong signal to the market that government does not
reward good performance.
But as Byarugaba plans to return to NSSF, Geraldine Ssali who has
been acting MD recently revealed that management at the Fund spends 20%
of their time answering queries from different state institutions
assigned to investigate them.
As I write this article, the Inspector General of Government (IGG),
Auditor General (AG), Uganda Police, and Parliament are all
investigating or have just finished investigating the Fund. It is
possible that Internal Security Organisation, External Security
Organisation and the Chieftaincy of Military Intelligence are moving
inside NSSF pretending to investigate as well. Non-Government
Organisations (NGOs) in the tens have been making their voices heard in
denouncing corruption at NSSF and calling on government to act. And of
course we in the mass media are doing our job of “investigating” in
order to “inform the public” about the goings on in the NSSF.
Anyone reading about NSSF in the media in Uganda would think it is
the most rotten organisation. Yet a comparative study of its performance
shows that NSSF is the best performing government-run social security
fund in East Africa.
People may ask: What is wrong with NSSF being investigated? Why
should managers who have done nothing wrong worry about investigations?
The answer is simple: put yourself in their shoes. If it were you being
investigated by ten institutions everyday, would you work? Managers at
NSSF are human beings. You cannot be subjected to daily investigations
and work straight. Besides, such multiple investigations are a statement
that we have no faith in the managers we have appointed. Constantly
demonstrating lack of confidence in your employees, students, or
children is not a formula for motivating them to worker harder and
achiever greater heights.
Indeed, as a consequence of these constant investigations (plus other
misguided decisions by certain public officials mandated to oversee the
Fund), most of the best employees of NSSF have resigned and gone to
work in other institutions where they are not subjected to constant
harassment. The finance department alone lost seven of its managers
while the Fund overall lost 25 top managers. But as the most qualified,
honest, and competent leave NSSF because of these circumstances,
professionals of similar caliber realise this is not a place to work. So
when jobs are advertised at the Fund, the best alternatives just do not
apply.
But there will always be people willing to apply for jobs in NSSF
anyway. The result is that increasingly, the less qualified, the more
corrupt and incompetent who have failed to work in other organisations
will be the persons willing to apply to work with NSSF. Whoever will be
recruiting for the Fund will have to choose new managers from the list
of those who have applied. As the grain moves to better institutions,
the appointing authority will have only the chuff to choose from.
Therefore, even if the subjective motivation of those investigating the
Fund were noble, the objective outcome of their actions will be
counterproductive to the Fund.
The problem with the discussion of public issues in Uganda is that it
remains stuck at the level of theory drawn from a textbook, itself
telling the experience of Western societies. Rarely does the debate on
such issues in Uganda leave textbook theories to examine the reality.
Thus, a visitor not familiar with Uganda and finding all these
investigations of NSSF would imagine that this level of official
scrutiny of public officials by state and non-state institutions is a
sign of a vibrant civic life. But in fact it is a political pathology
that allows the beast of corruption to thrive in our country. The aim of
these investigations is not to correct corrupt behavior but actually to
facilitate it.
Institutions in any society structure incentives for different
actors. In Uganda’s case, the constitution and other legal documents
give powers to the IGG, Parliament, AG and Police to investigate any
institution. These institution, therefore, have power to cause trouble
for any public official. But this power does not move hand-in-hand with
the ethics that make it serve noble intentions. Thus when Parliament,
IGG, IGP, AG etc. send investigators to NSSF, they sometimes do not go
there to expose the rot. Some of them go to ask for bribes so that they
can “bury the case” and give management “a favourable report.”
Here is the context: there cannot be an organisation in this world
without mistakes. Read the external annual audit report of any private
or public company in the world, from Microsoft to Apple, Google to
Facebook, there will be myriad audit queries raised. It happens every
year at The Independent in spite of all the good intentions and
competences of our staff. It follows that any investigation of any
institution will find some mistake. In Uganda’s case, any investigation
will expose mistakes. However, any official who does not cough bribes
will get a bad report where trivial issues will be overblown to a poorly
informed public as fundamental breaches of trust.
I have spent the last 16 years of my career as a journalist working
on corruption cases. I came to realise as early as 2001 that what we
consider “investigations of corruption” are the very means through which
graft works in our country. I have learnt that an extremely corrupt
official will always get a favourable report from any investigation
because he can bribe the investigators. Paradoxically, the more corrupt
an official in Uganda, the less the investigations that will produce a
big expose. The more honest a public servant is, the more he or she is
likely to suffer the wraths of investigators.
There are exceptions to this rule. The former Principal Accountant in
the Office of the Prime Minister, Geoffrey Kazinda who is now in jail,
is a case in point. But his conviction was only possible because Kazinda
was a Trojan horse for a political attack on Amama Mbabazi who was
Prime Minister. Someone wanted corruption close to Mbabazi exposed for
purely political reasons; Kazinda offered a perfect channel. It was not
the investigations into corruption but the power struggles around that
office that shaped this particular investigation and its findings.
amwenda@independent.co.ug
Sunday, November 16, 2014
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