OFFICE OF THE PRESIDENT - Office of the Auditor General · office of the president ... lands,...

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OFFICE OF THE AUDITOR GENERAL ANNUAL REPORT OF THE AUDITOR GENERAL FOR THE YEAR ENDED 30 JUNE 2007 VOLUME 2 CENTRAL GOVERNMENT

Transcript of OFFICE OF THE PRESIDENT - Office of the Auditor General · office of the president ... lands,...

OFFICE OF THE AUDITOR GENERAL

ANNUAL REPORT OF THE AUDITOR GENERAL

FOR THE YEAR ENDED 30 JUNE 2007

VOLUME 2

CENTRAL GOVERNMENT

ii

TABLE OF CONTENTS

INTRODUCTION .............................................................................. 1

GENERAL OBSERVATIONS .................................................................. 5

REPORT OF THE AUDITOR GENERAL ON GOVERNMENT OF UGANDA CONSOLIDATED FINANCIAL STATEMENTS ............................................. 29

OFFICE OF THE PRESIDENT ............................................................... 42

STATE HOUSE ............................................................................... 44

OFFICE OF THE PRIME MINISTER ........................................................ 47

PUBLIC SERVICE ............................................................................ 57

FOREIGN AFFAIRS .......................................................................... 59

JUSTICE AND CONSTITUTIONAL AFFAIRS .............................................. 66

FINANCE, PLANNING AND ECONOMIC DEVELOPMENT ............................... 71

AGRICULTURE, ANIMAL INDUSTRY AND FISHERIES .................................. 77

LANDS, HOUSING AND URBAN DEVELOPMENT ........................................ 93

WATER AND ENVIRONMENT ............................................................ 101

EDUCATION AND SPORTS ............................................................... 119

HEALTH 140

WORKS AND TRANSPORT ............................................................... 152

DEFENCE …………………............................................................................ 168

INTERNAL AFFAIRS ....................................................................... 175

INFORMATION AND COMMUNICATION TECHNOLOGY .............................. 181

LOCAL GOVERNMENT .................................................................... 184

TOURISM, TRADE AND INDUSTRY ..................................................... 185

ENERGY AND MINERAL DEVELOPMENT ............................................... 188

GENDER, LABOUR AND SOCIAL DEVELOPMENT ..................................... 197

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UGANDA POLICE .......................................................................... 203

UGANDA PRISONS ........................................................................ 211

NATIONAL AGRICULTURAL RESEARCH ORGANISATION (NARO) .................. 219

NATIONAL AGRICULTURAL ADVISORY SERVICES (NAADS) ....................... 224

JUDICIARY …………………………………………………………………………… 247

DIRECTORATE OF PUBLIC PROSECUTION (DPP) .................................... 251

PARLIAMENTARY COMMISSION ........................................................ 253

HEALTH SERVICE COMMISSION ........................................................ 254

JUDICIAL SERVICE COMMISSION ...................................................... 254

ELECTORAL COMMISSION ............................................................... 256

UGANDA HUMAN RIGHTS COMMISSION .............................................. 259

PUBLIC SERVICE COMMISSION ......................................................... 261

LAW REFORM COMMISSION ............................................................. 261

EDUCATION SERVICE COMMISSION ................................................... 262

LOCAL GOVERNMENT FINANCE COMMISSION ....................................... 262

UGANDA BLOOD TRANSFUSION SERVICES ........................................... 263

UGANDA LAND COMMISSION ........................................................... 264

UGANDA INDUSTRIAL RESEARCH INSTITUTE ........................................ 270

UGANDA AIDS COMMISSION ............................................................ 274

MAKERERE UNIVERSITY ................................................................. 277

MBARARA UNIVERSITY ................................................................... 301

KYAMBOGO UNIVERSITY ................................................................ 305

GULU UNIVERSITY ........................................................................ 311

MAKERERE UNIVERSITY BUSINESS SCHOOL ......................................... 316

MULAGO HOSPITAL ....................................................................... 318

BUTABIKA HOSPITAL ..................................................................... 328

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ARUA HOSPITAL ........................................................................... 331

GULU HOSPITAL ........................................................................... 342

JINJA HOSPITAL ........................................................................... 343

LIRA HOSPITAL ............................................................................ 350

MASAKA HOSPITAL ....................................................................... 351

FORT PORTAL HOSPITAL ................................................................ 355

KABALE HOSPITAL ........................................................................ 359

HOIMA HOSPITAL ......................................................................... 362

SOROTI HOSPITAL ........................................................................ 366

MBARARA HOSPITAL ..................................................................... 367

LONDON MISSION ........................................................................ 370

NEW YORK MISSION ..................................................................... 378

WASHINGTON MISSION ................................................................. 387

NEW DELHI MISSION ..................................................................... 392

CAIRO MISSION ........................................................................... 395

ADDIS ABABA MISSION .................................................................. 399

BEIJING MISSION ......................................................................... 409

OTTAWA MISSION ........................................................................ 411

TOKYO MISSION .......................................................................... 413

TRIPOLI MISSION ......................................................................... 416

RIYADH MISSION ......................................................................... 420

COPENHAGEN MISSION .................................................................. 420

NAIROBI MISSION ........................................................................ 424

DAR ES SALAAM MISSION ............................................................... 428

ABUJA MISSION ........................................................................... 431

BRUSSELS MISSION ...................................................................... 434

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ROME MISSION ............................................................................ 442

JUBA MISSION ............................................................................. 447

KINSHASA MISSION ...................................................................... 449

GENEVA MISSION ......................................................................... 452

PRETORIA MISSION ...................................................................... 459

KHARTOUM MISSION ..................................................................... 463

KIGALI MISSION .......................................................................... 464

MOSCOW MISSION ....................................................................... 470

BERLIN MISSION .......................................................................... 477

PARIS MISSION ............................................................................ 479

TEHRAN MISSION ......................................................................... 483

CANBERRA MISSION ...................................................................... 485

APPENDIX

CONSOLIDATED FINANCIAL STATEMENTS OF THE REPUBLIC OF UGANDA

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1.0 INTRODUCTION I am required by Article 163 (3) of the Constitution of the Republic of

Uganda to audit and report on the Public Accounts of Uganda and of all

public offices including the courts, central and local government

administrations, Universities and public institutions of like nature and any

public corporations or other bodies established by Act of Parliament.

Under Article 163 (4) of the Constitution I am also required to submit to

Parliament annually a report of the accounts audited by me for the year

immediately preceding. I am therefore issuing this report in accordance

with the above provisions.

This is Volume two of my Annual Report to Parliament and it covers

financial audits carried out on Central Government Ministries, Agencies,

Universities, Uganda Missions abroad and Referral Hospitals. Separate

volumes have been issued on the Annual Performance of the Office of the

Auditor General, audit of Local Governments, and audit of Statutory

Corporations.

In this introduction I give an overview of the financial audit work carried

out, status of completion of the audits and a summary of the audit opinions

issued on the financial statements of the entities audited.

Part II of this report presents the major general observations and cross

cutting issues arising from the results of the audits carried out.

In Part III, I present my findings and audit opinion on Government of

Uganda Consolidated Financial statements and all the significant findings

made on the other audited entities i.e Ministries, Agencies, Universities,

Referral Hospitals, and Uganda Missions abroad.

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1.1 STATUS OF COMPLETION OF AUDITS The Directorate of Central Government is responsible for the audit of 20

Ministries, 19 Agencies, Commissions, Departments, 12 Referral Hospitals,

28 Uganda Missions abroad, 6 Public Universities, Uganda Revenue

Authority and the Consolidated Government of Uganda Financial

Statements. All the entities financial statements for year ending 30th June

2007 were audited and audit reports issued separately on each of them.

The status of completion of the audits is indicated in the table below;

The status of audit is as indicated below:-

Total Number Of Accounts

Accounts Audited

Audits Outstanding

Ministries 20 20 -

Agencies, Commissions, Departments

19

19

-

Referral Hospitals 12 12 - Missions (Embassies)

28

28

-

Public Universities 6 6 - Uganda Revenue Authority

1

1

-

GOU Consolidated Financial Statements

1

1

-

Total 88 88 -

Of the total number of entities audited, 26 entities had unqualified opinions,

60 qualified opinions and 2 had disclaimer of opinion.

The table below provides a breakdown of the types of opinions issued. The

basis used to arrive at the audit opinion is described in the separate reports

issued on individual Ministries, Agencies, Referral Hospitals and Public

Universities.

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Unqualified Opinion 1 Local government 15 Internal Affairs 2 UMI 16 Masaka Hospital 3 Local Government Finance

Commission 17 IGG

4 Soroti Reform Hospital 18 Lira Hospital 5 Arua Hospital 19 Police 6 Kabale Hospital 20 Law Reform Commission 7 Hoima Hospital 21 DPP 8 Gulu Hospital 22 Uganda Blood Transmission

Service 9 Presidents’ office 23 Mbarara Hospital 10 Education Service

Commission 24 Tourism, Trade & Industry

11 Health Service Commission

25 Judicial Service Commission

12 Public Service Commission 26 Uganda Industrial Research Institute

13 MUBS 14 Mbarara University

Qualified Opinion 1 Uganda Aids Commission 31 Rome Mission 2 Jinja Hospital 32 Beijing Mission 3 Parliament 33 Copenhagen Mission 4 NARO 34 Kigali Mission 5 Works & Transport 35 Brussels Mission 6 Justice 36 London Mission 7 Uganda Human Rights

Comm. 37 Dar-Es-salaam Mission

8 Mulago Hospital 38 Paris Mission 9 Foreign Affairs 39 Addis – Ababa Mission 10 Agriculture, Animal

Industries & Fisheries 40 Washington Mission

11 Butabika Hospital 41 Tripoli Mission 12 Education & Sports 42 New York Mission 13 Tokyo Mission 43 Ottawa Mission 14 Kyambogo University 44 New Delhi Mission 15 Gender, Labour & Social

Development 45 Riyadh Mission

16 Lands & Housing 46 Berlin Mission 17 Prisons Department 47 Geneva Mission 18 Office of the Prime Minister 48 Pretoria Mission 19 Water & Environment 49 Abuja Mission 20 Mbale Hospital 50 Cairo Mission 21 Defence 51 Fort Portal Hospital

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22 Finance, Planning & Economic Development

52 Moscow Mission

23 Electoral Commission 53 Nairobi Mission 24 Energy & Mineral

Development 54 State House

25 Uganda Land Commission 55 Makerere University 26 Public Service 56 Uganda Revenue Authority 27 Judiciary 57 Information & Communication

Technology 28 Health 58 Juba Mission 29 Tehran Mission 59 Canberra Mission 30 Khartoum Mission 60 GOU Consolidated Financial

Statements

Disclaimer 1 Gulu University 2 Kinshasa Mission

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PART II

2.0 GENERAL OBSERVATIONS

2.1 TAX APPEAL TRIBUNAL

The Tax Appeals Tribunal is mandated to hear and rule on cases pertaining

to tax complaints brought forward by tax payers and/or URA before further

adjudication by a higher court in case of appeal by either litigant. The

expeditious rulings would ultimately result into efficient and better

collection of taxes. However, by the date of issue of this report a dispute

had arisen between the two bodies that is likely to adversely affect the

functioning of the two bodies.

Uganda Revenue Authority has lodged a complaint with the Ministry of

Finance expressing dissatisfaction with the performance of the Tax Appeals

Tribunal particularly in regard to the manner they have handled the various

cases brought against Uganda Revenue Authority. Other matters relate to

the mandate, composition and competence of the Tax Appeals Tribunal

members and the inconsistencies in rulings made by the Tribunal. On the

other hand the Tax Appeals Tribunal disputes the Uganda Revenue

Authority complaints. These differences have the effect of constraining the

performance of URA in their role of tax collection and administration.

There is need for an urgent intervention by the Ministry to resolve the

differences so that the two bodies can continue to carry out their functions

effectively.

2.2 BUDGETS FOR STATUTORY BODIES Treasury came up with major reforms which saw the introduction of a very

comprehensive chart of accounts that would enhance budgeting and

reporting processes. However it has been observed that when making

budgets, it is only Ministries, Agencies and Universities where the chart of

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accounts is comprehensively used. When it comes to Statutory Bodies’

recurrent expenditure, all expenditure is itemized under one item 263106

(other current grants). I was not able to ascertain why these budgets are

not further broken down to the anticipated actual expenditure items to

enhance better budgeting.

The law also requires that all budgets for statutory bodies be presented to

H.E. The President for his comments and submission to Parliament for

consideration and approval. In Parliament these budgets are discussed by

budget committees. The report of the budget committees forms a basis for

Parliamentary appropriation.

However, a review of the Parliamentary resolution for approval of budgets

for statutory bodies revealed differences in the budgets amounts approved

by Parliament and those captured in the overall Government approved

budgets. A case in point is the Parliamentary Commission which always

has lower amounts captured in the approved Government of Uganda

budget than what Parliament actually approves. This has the effect of

giving rise to the need for supplementary appropriation to make up for the

short falls in approved funding. However, any additional funding by way of

supplementary appropriation would imply having the additional funding

appropriated twice. This is considered irregular.

The Accountant General promised to follow up this matter with his

counterparts in the budget directorate. I am yet to be informed of the

outcome of this follow up.

2.3 DELAYS IN SUBMISSION OF FINANCIAL STATEMENTS Section 31(a) of the Public Finance and Accountability Act 2003, requires

Accounting officers to prepare and submit financial statements for their

Ministries/Agencies to the Office of the Auditor General for audit within

three months after the year end (by 30th September).

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Generally there has been an improvement in timely submission by the

Missions and referral hospitals. However more Ministries/Departments and

Universities have failed to meet the deadline compared to the previous

year. This is attributed to laxity by Accounting Officers to have the accounts

prepared on time.

The following Ministries/Agencies did not submit their financial statements

on time as required and this directly impacted on my operations.

Ministry/Department Date Received

1. State House 4/12/2007

2. Office of the Prime Minister 18/11/2007

3. Water and Environment 26/11/2007

4. Ministry of Health 4/12/2007

5. Parliament 4/12/2007

6. Works and Transport 13/11/2007

7. Mulago Hospital 26/11/2007

8. Tourism, Trade and Industry 7/01/2008

9. Gender, Labour and Social Dev. 4/12/2007

10. Uganda Police 5/11/2007

11. Health Service Commission 13/11/2007

12. Inspectorate of Government 4/12/2007

13. Education Service Commission 4/12/2007

14. Judicial Service Commission 4/12/2007

15. Director of Public Prosecution 1/11/2007

16. Local Govt. Finance Commission 4/12/2007

17. Uganda Aids Commission 4/12/2007

18. Uganda Blood Transfusion 12/11/2007

19. Treasury

1/11/2007

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Referral Hospitals

1. Gulu Hospital 3/12/2007

2. Masaka Hospital 26/11/2007

3. Fort Portal Hospital 3/12/2007

Missions

1. Juba 1/12/2007

2. Canberra 11/12/2007

3. Nairobi 4/12/07

4. Tehran 3/1/08

5. Cairo 3/1/08

6. Khartoum 3/1/08

7. Pretoria 21/12/07

8. Kigali 3/1/08

9. Paris 3/1/08

10. Dar-es-Salaam 18/01/2008

UNIVERSITIES

1. Mbarara University 12/11/2007

2. Kyambogo University 16/11/2007

3. Makerere University Business School 4/12/2007

2.4 TERTIARY INSTITUTIONS All tertiary institutions are governed by the Universities and Other Tertiary

Institutions Act, 2001. The Act establishes them as financially and

administratively autonomous institutions and requires them to maintain and

produce annual financial statements which should be audited by the Auditor

General.

The list from the ministry of Education and Sports puts the number of

Tertiary Institutions to over two hundred (200). However, very few of

these prepare the required annual financial statements. The few that try to

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prepare financial statements do not follow a standardised financial

reporting framework.

I have advised the Ministry of Education to put in place measures for the

enforcement of preparation of financial statements and also liaise with the

Accountant General for the development of a suitable standardised financial

reporting framework for all the tertiary institutions.

2.5 AUDIT OF EXPENDITURE ON COMMONWEALTH HEADS OF GOVERNMENT MEETING (CHOGM)

The Commonwealth Heads of Government Meeting (CHOGM) is a Summit

meeting held every two years by the Heads of Government from all the

Commonwealth nations. Most meetings over the years have included the

appearance of Her Majesty the Queen of Great Britain who is the titular

Head of the Commonwealth.

The Summit provides a unique forum for consultations and discussions on

global and Commonwealth issues and an opportunity to agree on collective

policies and initiatives. In November 2007, Uganda had the honour of

hosting this summit whose theme for the meeting was “Transforming

Commonwealth Societies to Achieve Political, Economic and Human

Development”.

As the Host Government, Uganda was obligated to put in place facilities

that would meet the requirements of the Commonwealth Secretariat. The

Ministry of Foreign Affairs was the overall co-ordinator of all the CHOGM

activities. Due to the wide span of the activities involved, it was decided

that some of those activities be delegated and managed by Permanent

Secretaries of the various committees that were established.

A total of Shs.255 billion was released for the preparation of the CHOGM

activities during the financial years 2005/06 to 2007/08, of which the bulk

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of this expenditure was released during 2007/08 to the Accounting Officers

who were responsible for its propriety.

In December 2007 the Government through Cabinet requested my Office to

undertake a financial and value for money audit to confirm whether this

responsibility entrusted to the Accounting Officers was indeed executed and

performed with due regard to the authorities that govern that public

expenditure.

The special audit was undertaken and it focused on the financial aspects of

that expenditure, to obtain reasonable assurance on whether those funds

were properly budgeted, requisitioned and utilized for the intended

purposes. In addition, a further special audit was also commissioned to

establish whether funds released on civil works and infrastructure were

spent taking into consideration the principles of economy, efficiency and

effectiveness (value for money). The financial audit has been completed

and the detailed audit findings have been issued to the Executive and to

the Speaker.

The additional VFM audit of the civil works expenditure is in its final stages

of completion.

Generally there were many challenges to hosting an event of such

magnitude in terms of operations, management and accountability but

generally the CHOGM event presented Uganda with many opportunities and

experiences to benefit from, which accrued to both the private and Public

sector ranging from improved and faster communications facilities to

expanded hospitality/ tourism amenities. Instances of non compliance with

laws and regulations resulting in unaccounted for funds, loss and abuse of

public resources were noted in the audit report, and it is of essence that

the authorities bring pressure to bear on the responsible officials to provide

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the requisite accountability or be surcharged as provided for in the Public

Finance and Accountability Act.

2.6 DOMESTIC ARREARS: (a) Domestic Arrears:-

Consolidated domestic arrears as at 30th June, 2007 for Ministries, Referral

Hospitals, Departments and Foreign Missions stood at Shs.210,623,171,766

compared to Shs.279,181,303,353 as at 30th June, 2006. Arrears for

Public Universities and Uganda Management Institute amounted to

Shs.32,614,404,949 as at 30th June 2007.

Although the arrears management strategy being implemented by the

Treasury has led to improvements in the management of arrears,

Accounting Officers still need to further comply with the commitment

control system and desist from continually incurring domestic arrears.

Government should also endeavour to settle the existing stock of domestic

arrears in order to portray a positive image in its management of the

budget and to avoid litigation and unplanned impacts on the economy.

Details by Vote are as follows:-

NAME OF MINISTRY/DEPARTMENT/HOSPITAL/MISSION AMOUNT

Ministry of Finance, Planning and Economic Development

23,945,104,070

Ministry of Defence 43,978,799,833

Ministry of Foreign Affairs 24,859,666,378

Ministry of Justice and Constitutional Affairs 3,512,717,895

State House 4,488,339,468

Ministry of Works, Housing and Communications 7,138,979,930

Ministry of lands 9,071,183,529

Electoral Commission 5,729,311,229

Ministry of Water and Environment 11,396,099,000

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Ministry of Communication and ICT 197,795,376

Ministry of Agriculture, Animal and Industry 9,466,469,142

Uganda Police 4,942,826,959

Ministry of Tourism, Trade and Industry 7,902,942,430

Ministry of Gender, Labour and Social Development 4,968,807,747

Ministry of Energy and Minerals 4,867,560,174

Office of the Auditor general 36,567,512

Uganda Prisons 5,413,996,398

National Agricultural and Research Organisation (NARO) 2,284,567,687

Ministry of Health 2,959,836,104

Ministry of Education and Sports 4,349,495,936

Office of the President 5,795,796,452

Ministry of local government 2,140,104

Judiciary Department 5,686,766,752

Directorate of Public Prosecutions 231,232,095

Office of the Prime Minister 901,533,958

Ministry of Public Service 346,666,533

Uganda Human Rights Commission 1,934,592,630

Public Service Commission 79,889,269

Inspectorate of Government 1,544,004,360

National Environment Management Authority(NEMA) 209,246,217

Uganda lands Commission 648,865,014

External security Organisation 1,198,000,000

Local government Finance Commission 936,816

Judicial Service Commission 25,598,319

Health Service Commission 19,317,377

Ministry of Internal Affairs 1,929,658,675

Uganda Aids Commission 115,113,962

Sub-Total 202,180,425,330

Mulago Hospital 2,969,363,421

Butabika Hospital 3,000

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Jinja Hospital 249,997,135

Mbale Hospital 230,000,433

Soroti Hospital 616,155,410

Gulu Hospital 32,572,760

Masaka Hospital 36,185,455

Fort Portal Hospital 79,902,087

Lira Hospital 75,398,594

Hoima Hospital 17,626,208

Kabale Hospital 31,924,727

Mbarara Hospital 119,580,780

Arua Hospital 21,743,597

Sub-Total 4,480,453,607

Uganda Embassy in Italy 1,249,515,265

Uganda Mission in New York 1,267,084,856

Uganda Embassy in Ethiopia 13,644,161

Uganda High Commission in Tanzania 210,318,967

Uganda Embassy in China 136,281,089

Uganda High Commission in Kenya 210,935,207

Uganda Embassy in Rwanda 42,075,618

Uganda High Commission in Canada 126,460,542

Uganda High Commission in India 10,438,019

Uganda Embassy in Saudi Arabia (Riyadh) 55,123,070

Uganda Embassy in Belgium 399,904,917

Uganda Embassy in Berlin 61,722,019

Uganda Embassy in The US 122,597,214

Uganda High Commission in Nigeria 56,191,885

Sub-Total 3,962,292,829

TOTAL Ministries, Hospitals, Missions/Departments

210,623,171,766

Makerere University 26,530,920,895

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Kyambogo University 2,666,271,188

Makerere University Business School 910,622,283

Uganda Management Institute 874,347,940

Gulu University 889,745,671

Mbarara University 742,496,972

Sub-Total 32,614,404,949

GRAND-TOTAL 243,237,576,715

b) Pension Liabilities: As at 30th June 2007 pension liabilities amounted to Shs.210,840,827,822

compared to Shs.222,825,029,112 as at 30th June 2006. This does not

take into account the pending liability of over Shs.One trillion arising from a

court judgement in favour of the former soldiers of the Uganda Defence

Forces (military).

The table below gives a breakdown of the pension arrears as at 30th June,

2006.

Pension Liabilities CONSOLIDATED 30 June 2007 30 June 2006

Office of the President (Gratuities)

15,014,111,038 15,238,186

Ministry of Public Service including

Military Widows and Survivors Benefits

190,841,680,614 222,340,243,548

Uganda High Commission UK

(Gratuities)

555,158,170 469,547,378

ESO

4,429,878,000

0

Total 210,840,827,822 222,825,029,112

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c) Contingent Liabilities

A total of Shs.384,724,059,917 was reported as contingent liabilities as at

30th June, 2006. The bulk of it relates to unverified pension liabilities for

the Ministry of Defence (Shs.107 billion) which have stood in the accounts

of Ministry of Public Service unresolved for over three years. It also

includes Shs.198,533,965,000 relating to guarantees and indemnities under

Ministry of Finance. I have advised the Accounting Officers to have the

contingent liabilities investigated and verified. Efforts should also be made

to have those relating to legal proceedings concluded. The table below

gives a breakdown of the contingent liabilities position:-

Ministry/Department Total Contingent Liabilities (30th June 2007) Shs.

Total Contingent Liabilities (30th June 2006) Shs.

State House 5,326,850,455 6,150,760,859

Office of the Prime

Minister

566,364,157 566,364,157

Ministry of Defence 18,000,000

Ministry of Public

Service

107,000,000,000 107,000,000,000

Ministry of Foreign

Affairs

89,401,439

Ministry of Justice 73,207,478,866 73,207,478,866

Ministry of Finance 198,5333,965,000

Ministry of Internal

Affairs

20,001,230,409

Total 384,724,059,917 207,951,572,245

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2.7 OUTSTANDING ADVANCES During the year under review advances totalling to Shs.10,721,944,304

remained unaccounted for contrary to financial regulations which require all

advances to be retired at the year end.

Delays in accounting for advances are caused by laxity by Accounting

Officers to enforce timely accountability and strengthen controls over

advances. Such delays may lead to falsification of accountability.

In the absence of the requisite accountability, I was not able to confirm

that funds were utilized for the intended activities.

These advances are detailed in the individual reports and accounts of the

entities and are summarized here under:-

SCHEDULE OF UN-ACCOUNTED FOR ADVANCES 2006/2007

S/No. Ministry/Department Amounts (Shs)

1. State House 8,886,400

2. Office of the Prime Minister 235,384,775

3. Finance, Planning And Economic Dev. 2,175,583,993

4. Agriculture, Animal, Industry and

Fisheries

366,308,000

5. Water and Environment 13,734,000

6. Education and Sports 372,512,324

7. Health 774,027,753

8. Parliament 3,190,000,000

9. Defence 1,287,140,000

10. Mulago Hospital 456,668,007

11. Local Government 43,158,940

12. Tourism, Trade And Industry 10,887,750

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13. Gender, Labour and Social Development 23,698,000

14. National Agriculture Research

Organization

31,540,200

15. Judiciary 10,608,412

16. Electoral Commission 329,815,000

17. Uganda Human Rights Commission 8,000,000

19. Makerere University 786,741,083

20. Mbarara University 39,654,440

21. Kyambogo University 429,563,516

22. London Mission 3,469,000

23. Addis Abbaba Mission 15,307,011

24. Tokyo Mission 106,535,700

25. Uganda Industrial Research Institute 2,720,000

10,721,944,304

2.8 EXCESS EXPENDITURE A number of votes incurred expenditure which exceeded their approved

budgetary provisions as indicated in the table below. Excess expenditure is

a result of improper budgeting and weaknesses in controls over budgetary

expenditure. For the Uganda Embassies, the major cause is unauthorised

utilisation of non-tax revenue at source. Accounting Officers have been

advised to have this expenditure properly regularised in accordance with

the regulations.

Name of Ministry Approved/Revised Actual Expenditure

overexpenditue

UGANDA AIDS

COMMISSION

7,064,064,000 7,639,431,865 (575,367,865)

NATIONAL PLANNING

AUTHORITY

11,511,960,000 11,753,328,177 (241,368,177)

NATIONAL AGRICULTURAL

& RESEARCH ORG.

25,665,951,000 31,346,217,220 (5,680,266,220)

UGANDA BURREAU OF

STATISTICS

7,626,672,000 11,791,457,739 (6,579,715,739)

PRISONS 38,487,681,695 (4,264,785,739)

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32,874,305,000

UGANDA MISSION AT THE

UN, NEW YORK

2,022,498,149 3,941,343,319 (1,918,845,170)

UGANDAHIGH

COMMISSION IN CANADA

1,452,742,000 1,480,106,153 (27,364,153)

UGANDA HIGH

COMMISSION IN KENYA

910,954,000 1,302,821,639 (391,867,639)

UGANDA EMBASSY IN THE

US

1,493,579,000 1,614,441,401 (120,862,401)

UGANDA EMBASSY IN

CHINA

1,152,498,000 1,300,832,145 (148,334,145)

UGANDA EMBASSY IN

JAPAN

1,392,280,000 1,401,099,752 (8,819,752)

UGANDA EMBASSY IN

SAUDI ARABIA

757,109,000 771,323,965 (14,214,965)

UGANDA EMBASSY IN

DENMARK

1,358,100,496 1,409,454,337 (51,353,841)

UGANDA EMBASSY IN

BELGIUM

1,406,598,000 1,566,010,151 (159,412,151)

UGANDA EMBASSY IN

ITALY

1,935,788,000 2,094,811,524 (159,023,524)

UGANDA EMBASSY IN

SUDAN-Khartoum

785,000,000 790,145,040 (5,145,040)

UGANDA EMBASSY IN

PARIS

1,584,523,000 1,706,825,553 (122,302,553)

UGANDA EMBASSY IN

MOSCOW

509,121,000 616,827,879 (107,706,879)

UGANDA EMBASSY IN

CANBERRA

698,510,000 775,382,813 (76,872,813)

MINISTRY OF

COMMUNICATION & ICT 1,212,056,000

1,492,589,124

(280,533,124)

2.9 BOARD OF SURVEY (BOS) The Public Finance and Accountability Regulations require that the

Secretary to the Treasury and the Accountant General to appoint a Board of

Survey for each Ministry, department and agency of government to survey

cash, bank balances and stores held by Accounting Officers at the end of

each financial year. All the votes submitted Board of Survey reports apart

from the Uganda embassies of Goma and Kinshasa.

19

In the consolidated reports prepared by the Accountant General on the

findings from the Board of Survey on stores undertaken for the period

ended 30.06.2007, several government stores and assets were found

obsolete, unserviceable or too old for their purpose and were hence

recommended for boarding-off. Included are 201 motor vehicles of which

57 are for NARO, 31 for Ministry of Health, 16 for Mulago, 16 Foreign

Affairs.

However, it was noted during the audit that in many instances government

stores and assets recommended for board off were being held or grounded

for too long hence eroding any salvage value realizable at the time of

disposal. There is loss of income to government notwithstanding, keeping

large volumes of scrap stores/assets creates competition for space,

pilferage, environmental hazards (e.g. expired laboratory chemicals

identified at Kyambogo University). It is recommended that unusable

stores/assets be timely identified and disposed off expeditiously in a

manner that is beneficial to government.

It was also noted that in a number of instances the boards appointed do

not carry out a comprehensive job. The information reported by these

boards is some times inconsistent with that reported in the financial

statements and other records of the Ministries. A number of Ministries and

departments had stores for board off which were never captured in the

Board of Survey reports. This was particularly evident in the Ministries of

Defence, Police, State House, Agriculture, Lands, Education and Prisons.

Accounting Officers have been advised to expedite the implementation of

the Board of Survey recommendations particularly those regarding items for

boarding off or disposal. There is also need for more guidance, training

and supervision of all surveys that are undertaken out so that they produce

accurate and useful information.

20

2.10 LOSSES During the year losses of cash and stores valued at shs.327,435,008 were

reported by various ministries, departments and institutions as indicated

below:-

These losses should be investigated and properly dealt with in accordance

with the Public Finance and Accountability Act 2003 and the attendant

regulations.

Schedule of Losses 2006/2007

Value (Shs) Nature of Loss

S/No. Ministry/Department

1. Justice 9,581,500 Sundries office equipments

2. Internal Affairs 37,210,000 Passports

3. Education and Sports 12,115,500 Gestener cycle styling machine

4. Works, Housing and

Communications

40,400,000 TV,VCR, to curtains and Equipments

5. Butabika Hospital 8,035,416 Document safe

6. Uganda Police 175,500,000 Cash

7. National Agriculture Research

Organization

36,153,800 M/cycle and computers(2)

8. Electoral Commission 2,424,000 Office Equipments

9. Inspector General of

Government

5,636,592

10. Tokyo Mission 378,200 DVD/VCR Player

327,435,008

21

2.11 MISSIONS (i) Management of Mission Properties

During the year the Ministry of Foreign Affairs initiated the process of

formulating a policy and strategy on the management of Uganda properties

abroad. Consultations were held with various stakeholders including

Parliament. The intention was to put in place a policy framework that

would guide the acquisition, financing, maintenance, disposal and proper

management of Uganda properties abroad.

This drive was in response to a policy communication from the Ministry of

Finance to transfer the management of the Mission properties from Uganda

Property Holdings (Ltd) to Ministry of Foreign Affairs.

Indications are that not much progress has been made. Consultations with

various stakeholders to obtain their views and concurrence have not been

concluded.

As a consequence Uganda Missions are still facing enormous challenges in

the management of their properties. They still lack funds to renovate and

maintain many of their dilapidated structures. The official residence for the

Head of Mission, Brussels has remained inhabitable for almost 10 years

despite its prime location in the city. Some Missions like have prime plots

of land allocated to them for constructing Embassy buildings but these

authorities are about to be withdrawn due to lack of funding for their

development.

In a related development, some Missions have made proposals to dispose

off some mission properties. The Uganda Mission in Washington made a

proposal to the Ministry of Foreign Affairs for the sale/disposal of two of its

properties despite the good state they are in. It is claimed that the

intention is to acquire properties for the chancery and staff residences

considered to be a better option.

22

I have advised the Head of Mission that in the absence of a clear policy,

any sale or disposal of Mission properties would require wide consultations

with all stakeholders including the Cabinet, relevant authorities and

compliance with the law and a proper justification showing cost/benefit

analysis to allow all stakeholders make informed decisions.

I recommend that government expedites the process of coming up with a

clear policy on the management, sale, disposal and acquisition of Mission

properties.

(ii) Land Titles

Audit Inspections revealed that many of the Missions with buildings cannot

trace their land titles. The titles for the properties owned by the Ugandan

Missions in Washington, New York and Paris were not available at the

station. The Ministry of Foreign Affairs are also not aware of the

whereabouts of the land titles.

I have advised the Accounting Officers of the Missions to liaise with the

relevant Ministries to trace the titles and keep copies at the Missions.

Moreover it is negligent to not have proper custody of government

property.

2.12 REGIONAL REFERRAL HOSPITALS All the referral hospitals were established more than 70 years ago as

district hospitals and upgraded to serve as regional referral hospitals in mid

1990s. Currently they each serve a minimum of five districts with some like

the case of Arua Hospital serving regions extending beyond the Ugandan

border. In most cases, these hospitals have also continued to serve as

district hospitals in the regions where they are located. Despite the large

catchment areas and large population, the hospital infrastructure that were

planned at the time these hospitals were constructed more than seventy

23

years ago, has not been expanded nor upgraded. This has greatly affected

their operations. The following matters were generally noted during my

audit and inspections of referral hospitals.

2.12.1Staff Establishment In many of the referral hospitals, the existing staffing structures are not

adequate to address the current needs of the hospital. The staff

establishments were set up more than ten years ago but have not been

revised to match the ever increasing demand for medical services by the

population. Hospitals now serve larger areas and their catchment

population is above the planned numbers as a result of cross border

movements. The increasing number of patients is also associated with poor

referral system and poorly functioning health centres.

It was noted that in many regions Health Centre IVs are not functioning

properly. Although they have adequate infrastructure they lack medical

personnel. This has led to increased numbers of patients at referral

hospitals. However the current establishment lists for many referral

hospitals show that not all the approved posts are filled hence creating

staffing gaps in key posts. Many of the referral hospitals had vacant posts

for Doctors, radiographers, Pharmacists and specialists for gynaecology,

surgery, pathology and anaesthesia. As a consequence the few available

staff are over-worked and the patients end up not getting adequate

attention/assessment time as the medical standards require. Understaffing

in such key areas that are fundamental for effective and efficient delivery of

the required services renders the referral system ineffective.

In my discussions with the Accounting Officer, they explained that although

they have declared the vacant posts and submitted them to the Ministry of

Health and the Health Service Commission and Public Service Commissions,

the responses to recruit staff for the referral hospitals have been slow.

24

2.12.2Staff Accommodation The hospitals were greatly affected by the government policy to dispose off

government pool houses. Some houses which used to serve as institutional

houses accommodating hospital staff were also sold to the sitting tenants.

This left the hospitals with few or no houses to accommodate staff.

Where the hospitals have some houses, they are either not sufficient or not

habitable due to the sorry state they are in, like in the case of Mbale

hospital. It is also difficult to get decent accommodation near the hospitals

for staff who are on night calls. Without decent accommodation it is very

difficult to attract key medical personnel to work in upcountry referral

hospitals.

The Accounting Officers explained that it has become difficult to retain staff

because of lack of accommodation and yet the budget does not provide for

housing allowances.

There is need to provide suitable accommodation for medical officers

working upcountry. Construction of institutional houses for the hospitals

would be a step in the right direction.

2.12.3State of the Hospital Infrastructure (a) Buildings

Most of these buildings are dilapidated having walls and ceiling crumbling

and have not been renovated in the recent past. The Out Patients

Department (OPDs) are housed in small, old buildings without adequate

space for the big numbers of patients visiting the hospital daily. Most of

the road/path network is also in poor state and this hinders mobility and

movement within the hospitals difficult.

The hospitals have not had any expansion since they were turned into

regional referral hospitals. The available infrastructure capacity has been

out-paced by the increase in responsibility/number of patients and this has

led to an accommodation crisis. This was evidenced from the over crowded

25

maternity wards, surgical and general wards which are accommodating

more patients than they were designed for, in many instances resulting into

floor cases and utilisation of corridors to accommodate more patients. This

overcrowding leads to poor hygiene and may facilitate disease

transmission.

(b) Inadequate Theatre Facilities

The hospitals operate without adequate theatre facilities. In many

hospitals, theatres are in dilapidated buildings, and lack proper functioning

theatre equipment like operating tables, doctors’ chairs, adjustable lights,

autoclaves, air conditioning facilities etc. Where equipment is available, it is

too old to serve its purpose. The minor theatres in the Out Patients

Departments where minor operations are carried out are also poorly

equipped or out of service due to the sorry state they are in.

(c) Medical Waste Management

Disposal of medical waste in various referral hospitals is by placenta pits

which are considered to be a crude method of waste disposal. Disposal of

other medical waste (used sundries) is by burning in open pits which is also

considered not to be environmentally safe. Most of the hospitals do not

have properly functioning incinerators. The incinerators constructed by the

Ministry of Health at Masaka and Mbarara hospital cracked shortly after

hand over and are not functional.

There are also inadequate mortuary facilities. Masaka hospital has none at

all. Where mortuaries are, they appear very dilapidated and are housed in

tiny structures and lack modern facilities.

An environmental audit carried out at the National Referral Hospital also

revealed inadequate waste management and disposal practices. The issues

noted included:

26

• Lack of medical waste policies and strategies.

• Limited awareness and access to legislation and guidelines relating to

waste management and disposal.

• Lack of documented internal medical waste control systems.

• Inadequate supervision and monitoring by the regulatory body.

• Inadequate use and lack of protective gear.

• Lack of adequate supply of disinfectants and disposal tools like waste

bins.

• Poorly arranged drugs stores.

A separate report was issued to management and the issues have also

been summarised in the audit report of Mulago Hospital.

(e) Sewerage System and Sanitary Facilities

The sewerage systems and sanitary facilities in the hospitals are as old as

the hospital themselves. With time, the pipes became old and they now

often break down. Generally the sewerage system cannot support the

increasing hospital population any longer.

The Accounting Officers explained that there is need to overhaul the entire

system and even construct lagoons for proper waste management and

disposal.

2.12.4Transport The Hospitals are operating with only a few old vehicles that have outlived

their useful lives. Most of these vehicles are over ten years old and can

hardly operate as they frequently break down. It is becoming uneconomical

to maintain them. A number of the hospitals also lack ambulances.

The Accounting Officers explained that as referral hospitals, they need to

operate with a minimum of two ambulances but most of them are

operating with only one or none at all and that those that have they have

27

become very old to maintain. There is need to have the old vehicles and

ambulances replaced to enable the hospital operate effectively.

2.12.5Shortage and Use of Faulty Equipment There is generally lack of modern equipment and this makes the working

environment for medical personnel very difficult. Medical equipment is very

old and some obsolete as most of it was acquired at the time the hospitals

were constructed in the 1930’s. The storage facilities in the various offices

are also too old and require immediate replacement. In some hospitals,

autoclaves are non functional/faulty and instead charcoal stoves are used

for sterilisation of equipment. The continuous shortage and use of faulty

equipment leads to poor service delivery and puts the lives of both the

medical staff and patients at a great risk.

2.12.6Lack of Capital Development Funds Although the hospitals are operating as individual votes, no capital

development funds were allocated in their budgets. In the circumstances,

no major developments could be initiated by the hospitals nor could they

carry out any major repairs of their dilapidated structures, procure vehicles

or any other equipment.

The recommendation by the Public Accounts Committee to have the

hospital capital development vote decentralised at the hospital vote level

has not yet been implemented by the Ministry of Health.

2.12.7Expired Drugs Many hospitals face a serious problem of expired drugs arising from drug

procurements and donations that are not properly planned for. Ministry of

Health through the National Medical Stores has a “push system” whereby

drugs and sundries are simply pushed to user hospitals through donations

without regard to their consumption needs and patterns. In the process

hospitals are supplied with drugs which are either not needed at all or are

in excess of their needs hence leading to their expiry.

28

The other cause of expired drugs is procurement of short shelf life drugs.

Some Accounting Officers indicated that National Medical Stores (NMS)

sometimes deliberately dumps drugs which are about to expire. For

example, Arua hospital had a sizeable quantity of ARV drugs delivered

which had expired two months earlier. At Mbale referral hospital National

Medical Stores delivered Zinc Oxide which turned out to be non-adhesive.

In Kabale hospital huge quantity of Aspirin and Panadol donated under the

Global Fund were delivered when they had expired.

Expired drugs do not only pose a danger to personnel but are also costly to

keep and also occupy space that would otherwise be utilised for other

purposes. There is need for the Ministry of Health to come up with a

stringent policy on drug donations. Donations should be properly screened

before they are accepted. Procurement planning should also be

strengthened such that only drugs with acceptable shelf life are purchased.

2.12.8Private Patients Scheme Many hospitals now operate private patients scheme which generate non-

tax revenue. In accordance with NTR guidelines, all the revenue is

remittable to the Consolidated Fund. In order for the scheme to operate

efficiently and generate enough revenue, it has to be adequately equipped

with the required medical drugs, equipment and well motivated staff.

However, this is hampered by lack of adequate resources to finance their

routine operations. A number of Medical Superintendents have expressed

the wish for the hospitals to be allowed to use the NTR proceeds from the

private patients scheme to finance their needs and further improve the

scheme’s health service delivery standards.

I recommend that the Ministry considers this view for all referral hospitals

since it has proved to be successful at Uganda’s major national referral

hospital.

29

PART III

3.0 REPORT OF THE AUDITOR GENERAL ON GOVERNMENT OF UGANDA CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30TH JUNE 2007 TOGETHER WITH THE OPINION

I have audited the financial statements set out on pages 10 to 38 of the

GOU Consolidated financial Statement. Under Article 164 of the

Constitution and Section 8 of the Public Finance and Accountability Act

2003, the Accounting Officer is accountable to Parliament for the funds and

resources of the Ministry. These financial statements are also under Section

31 of the same Act the responsibility of the Accountant General.

My responsibility as required by Article 163 of the Constitution, Section 33

of the Public Finance and Accountability Act, is to audit and express an

opinion on these statements based on my audit.

PART A of my report sets out my opinion on the financial statements. Part

B which forms an integral part of this report presents in detail all the

significant audit findings made.

PART ‘A’

3.1 BASIS OF OPINION

I conducted my audit in accordance with International Standards on

Auditing and Government of Uganda Legislation. Those standards require

that I plan and perform the audit to obtain reasonable assurance about

whether the financial statements are free of material misstatement. An

audit includes examining on a test basis, evidence supporting the amounts

and disclosures in the financial statements as well as evidence supporting

compliance with relevant laws and regulations. An audit also includes

30

assessing the accounting principles used and significant estimates made by

management, as well as evaluating the overall financial statement

presentation. I believe that my audit provides a reasonable basis for my

opinion.

3.1.1 Cash and Cash Equivalents For the period ended 30th June 2007, government reported a consolidated

Cash and Cash Equivalents balance of Shs.1,177,176,897,305 represented

by cash and bank balances Shs.2,411,748,703,028 and bank overdrafts

Shs.1,234,571,805,723. In the absence of comprehensive information on

the overall stock of government bank accounts held both in the BOU and

commercial banks, I was not able to confirm that the balance is properly

stated.

3.1.2 Foreign Debt Included in government’s consolidated foreign debt portfolio are eleven

(11) loans totalling Shs.35,193,062,617 without any supporting

documentation such as loan agreements.

3.1.3 Finance Costs Finance costs in respect of interest on treasury Repo stocks/transactions

amounting to Shs.15,774,825,032 accumulated over the years, including

Shs.5,703,149,467 for the period under review were not recognized in the

financial statements. This has the effect of understating the equity.

3.1.4 Government Bonds The variance of Shs.27,287,232,115 between Shs.184,370,732,115

representing matured treasury bonds that were redeemed and

Shs.157,083,500,000/= charged in respect of the redemption on the

Treasury Bond investment account was not explained to my satisfaction.

31

3.2 OPINION

In my opinion;

Except for the effects of any adjustments, if any, as might have been

determined to be necessary had I been able to satisfy myself on the

matters noted above.

• The financial statements fairly present in all material respects the

financial position as at 30th June, 2007 and the results of its operations

and cash flows for the year then ended, and comply in all material

respects with Generally Accepted Accounting Practice and the Public

Finance and Accountability Act, 2003.

• The expenditure and receipts have been applied in all material respects

for the purposes intended by Parliament.

3.3 EMPHASIS OF MATTER

Without qualifying my opinion further, attention is drawn to the following

additional matters which are also included in Part B of this report and my

annual report to Parliament.

3.3.1 Receivables (Outstanding Government Loans) Out of Shs.1,205,608,734,946 reported as outstanding government loans

as at 30th June 2007, loans totalling to Shs.620,884,726,162 have not

been performing for a very long time. The basis used for the provision

made in this respect was not explained.

3.3.2 Unexplained Transactions on Holding Accounts Various entries relating to transaction reversals and revaluations on the

budget support holding accounts were not explained. I was therefore not

able to confirm the balances of the affected accounts.

32

3.3.3 Other matters are included in Part B of the report.

John F. S. Muwanga

AUDITOR GENERAL

KAMPALA

30 APRIL 2008

PART “B”

33

DETAILED REPORT OF THE AUDITOR GENERAL

This Section outlines the detailed audit findings, management response, and my

recommendations in respect thereof.

3.4 Cash and Cash Equivalents

3.4.1 Cash Balances For the period ended 30.06.07, government reported a consolidated cash

and bank balance of Shs.2,411,748,703,028 and bank overdrafts

Shs.1,234,571,805,723 on all bank accounts operated by the Treasury and

Central Government ministries. It includes balances with the Bank of

Uganda for both the Consolidated Fund and for various votes and for all

Project Accounts. There is no comprehensive information on the overall

stock of government bank accounts held both in the BOU and commercial

banks to enable me undertake audit procedures to confirm the

completeness and accuracy of the balances reported.

Besides cash balances on donor funded project bank accounts particularly

those still in commercial banks are not captured in accordance with the

accounting policy followed on consolidation of Project expenditure.

The absence of a comprehensive data on bank accounts further makes it

difficult to periodically circularize and reconcile government bank accounts

and balances for authenticity, purpose, obsolescence/redundancy and

excessive liquidity, and illegal overdraws.

3.4.2 Redundant and Overdrawn Accounts Bank records indicate that 153 bank accounts did not record any

transactions for the whole financial year under review. One hundred and

thirty three (133) of the accounts had redundant credit balances worth

Shs.32,199,268,269 while twenty (20) were overdrawn to the tune of

Shs.11,160,722,951. Government bank accounts in BOU have continued to

34

be overdrawn despite the instruction by Treasury to the Central Bank not to

have overdrawn accounts

In his response, the Accountant General explained that ‘Treasury is in the

process of revalidating all bank accounts held by all votes whether in

commercial banks or BOU’. On twenty (20) accounts overdrawn to a tune

of Shs.11,160,722,951 he stated that an explanation has been sought from

the BOU for the anomaly. I still await the outcome of the revalidation

exercise and the BOU comments on the overdrawn accounts.

3.5 Foreign Debt A review of the foreign debt portifolio has shown that government is in

arrears on twenty one (21) loans that have been due for repayment.

According to the DMFAS data base, total principal in respect of the 21 loans

as at 30 June 2007 was Shs.202,300,014,509. For over 10 years, there has

not been any movements in principal values either in terms of repayments,

rescheduling or otherwise. It was explained that the decision not to pay

the loans was based on the Paris Club agreement that requires all creditors

to deliver HIPC initiative debt relief to countries under HIPC 1 &11.

Included in the 21 non-performing loans are 11 loans worth

Shs.35,193,062,617 without any supporting documentation (e.g., loan

agreements). The Accountant General explained that the loan agreements

were lost when a consultancy contracted to validate the debts in 1991/92

failed to hand back the loan agreements and that efforts to trace the firm

and the loan agreements have proved futile.

These loans need to be thoroughly investigated for their legitimacy in order

to mitigate the risk of paying unscrupulous claims.

3.6 Receivables (Outstanding Government Loans) In my report to Parliament on the Public Accounts of the Republic of

Uganda for the year ended 30th June, 2006, I reported that Government

35

loans totalling Shs.1,242,928,209,265 to state and private enterprises were

still outstanding. As at 30.06.07 Shs.1,205,608,734,946 was outstanding as

a number of enterprises had partially paid up while some debts were wholly

or partially cancelled. It was noted that Loans worth shs.620,884,726,162

have not been performing for a very long time. Their recoverability is

highly doubtful.

The basis for the provision made in the accounts in this respect was not

properly explained.

3.7 Finance Costs Finance costs in respect of interest on treasury Repo stocks/transactions

amounting to Shs.15,774,825,032 accumulated over the years, including

Shs.5,703,149,467 for the period under review were never recognized or

expensed in the accounts, accordingly overstating government equity. The

Accountant General explained that he was hesitant to recognize the

expenditure because he cannot measure it reliably since no database or

records are maintained at the Treasury. He added that the liability was

picked from the statement of Government position from Bank of Uganda

and that consultations between his Office and BOU are going on to explore

the possibility of having monthly returns upon which reconciliations will be

carried out.

3.8 Treasury Bonds During the period under review Treasury Bonds worth Shs.184,370,732,115

matured and were accordingly redeemed. However, the debits on the

Treasury Bond Investment Account in respect of these redemptions

amounted to Shs.157,083,500,000 only. The variance of

Shs.27,287,232,115 was not satisfactorily explained.

The Accountant General explained that the bonds figure presented in the

accounts (Shs.184,370,732,115) fully reconciles with Bank of Uganda

Central Depository Treasury Bond redemption profile for the period under

36

review. I have however advised that the profile also be reconciled with the

Treasury Bond Investment Account.

3.9 Government Non-Resource Taxes (NRT) During the period under review, Parliament appropriated

Shs.181,959,964,445 for various Votes to afford import taxes ( Non-

Resource Taxes) on machinery, furniture and Motor Vehicles. In

accordance with tax reforms introduced during the period, a total of

Shs.180,990,628,113 in respect of these taxes was released to various

Votes with instructions to ‘Issue block cheques (i.e., for the entire tax

release)’ to the Treasury. This money was deposited on two BOU

accounts; TREASURY OFFICE ACCOUNTS.GROSS RECEIPTS ACCOUNT and

TREASURY OFFICE ACCOUNTS GROSS PAYMENT ACCOUNT. As at 30th

June 2007 Shs.137,600,572,275 was lying idle on the Gross receipts

account. In many instances it was noted that votes were appropriated tax

funds far in excess of requirements, consequently eroding away funds

available for allocation to other priorities within the vote’s MTEF provisions.

It was also noted that in a number of cases tax obligations were paid for in

excess of the individual tax appropriations for the Vote. For example,

Ministry of Education had its tax obligations for the Vote settled on its

behalf by Treasury yet it did not have an appropriation for it. The

Accountant General explained that this was the first year of operating the

Gross Tax system and certain modalities may have not been finalized. He

indicated that once reconciliations with URA are finalized, the amounts

standing on the account will be transferred to the UCF.

3.10 Treasury Transactions with the Central Bank (i) Transaction Delays, Errors and Mispostings

The transfer of all Government bank accounts from commercial banks to

the Central Bank has created increased volume of Government transactions

with the Central bank. The Accountant General has time and time again

37

reported mis-postings, errors on bank Statements, delays to respond to

queries and certificate of Bank balances being wrongly advised to

accounting officers who do not own such accounts. Government accounts

in the Central Bank are occasionally overdrawn due to errors, duplicated

payments despite Treasury explicit instructions not to allow overdrawn

accounts. There are also sometimes delays in crediting Treasury bank

accounts. For instance a total of Euros, 3,599,000 (Equivalent to

Shs.8,193,624,393) was released to B.O.U Account 208,209070.1 for

Poverty Action Fund on 27th June 2007 by KFW in support of the Poverty

Reduction Support Credit V-VI. The Central Bank communicated to the

Accountant General on 10th July 2007 having received the funds. However,

the Bank Statement indicates that the grant equivalent of

Shs.8,193,624,393 was credited to the Account on 31st August 2007, more

than two months after receipt of the money.

In another instance, Shs.37,296,972,081 transferred from the Customs &

Excise A/C of Uganda Revenue Authority on 6/10/2006 was credited to the

UCF A/C on 24/11/2006, 50 days later although the transfers should be

done twice a week.

During discussions, the Accountant General explained that the Permanent

Secretary/Secretary to the Treasury had written to the Central Bank

expressing concern over these matters. I await the outcome of this effort.

(ii) Commission Charges

For all transactions denominated in foreign currency, the Central Bank

charges government a commission at the rate of 1% on the gross amount.

Only the net amounts are posted to the respective bank accounts and the

commission charged is posted to a special account meant for Project Bank

charges. During the year, total bank charges under Treasury amounted to

Shs.9,238,011,970 of which Shs.8,096,403,082 was posted to this account

in respect of commissions and charges arising from foreign currency related

38

transactions. The rate and amounts charged appear to be on the high side.

There is need for Treasury and Bank of Uganda to agree on more realistic

rates.

The Accountant General explained that negotiations were on-going

between the Ministry of Finance and the Central Bank to waive the charges

and that this would be concluded by signing a new MOU. The outcome of

this process is awaited.

(iii) Unexplained Transactions on holding Accounts

Budget Support Grants from the donors are kept on holding accounts in the

Central Bank before their transfer to the Consolidated Fund. When the

grants are received the Foreign Currency is translated to local currency

using the rate at the time (day) and the proceeds credited to the holding

account in local currency after the bank has charged a commission of 1%

of the gross amount.

However, many unexplained transactions referred to as “revalues” and

“reversals” are reflected on the Bank Statements and in most cases wiping

away the would-be credit balances on these accounts.

Details on Bank account No 208209038.1 show that 15,199,144,438 was

received by the bank and credited on this account on 6th June 2007. This

amount was wiped away by various unexplained transactions and by 30th

June 07, the account showed a debt balance of Shs.4,446,462,344. The

account was subsequently reconstructed following communication and

meetings between the European commission, BOU and the Accountant

General which resolved that all transactions wrongly made on this account

be reversed resulting into a new credit balance of 8,173,566,995. However,

the final position of this account was not accordingly adjusted in the

accounts. The following accounts have also not been reconstructed to

reflect the true position of their closing balances.

39

A/C title A/C no. Total Unexplained Debits

Total Unexplained Credits

PAF A/C 208.209070.1 2,480,064,437 579,005,562

Educ Budget Support

208.209079.1 2,725,255,806 1,682,986,996

ADB Budget Support

208.209196.1 4,355,594,574 2,108,406,078

I have advised the Accountant General to liaise with the Central bank and

have the accounts properly reconciled.

3.11 Debt Swap Over the years, government has been involved in a series of debt-swaps

involving mainly state enterprises listed for divestiture. Although the funds

involved are quite colossal, in many instances the debts debt swaps are

never reported in governments’ financial statements and thus are not

subject to my routine financial audits.

The Accountant General explained that the initiation of the debt-swap

process is done by the affected state enterprise through the Ministry of

Finance which then starts the process of debt-swap by constituting a debt

settlement committee whose role is to verify the extent of government’s

indebtedness with the assistance of the internal audit department. The

committee then makes recommendations based on the findings.

On the basis of the recommendations, the Ministry approves and

implements the debt-swap by preparing the necessary agreements in

consultation with the Solicitor General and presents it to Cabinet and

subsequently to parliament for approval. It is after approval by parliament,

that the indebtedness of the enterprise is reduced in GOU records.

40

I have advised that the procedures be reviewed, documented and officially

approved.

3.13 Domestic Arrears Existing procedures require that the arrears are verified by Treasury

Services Department in conjunction with the internal audit and inspectorate

and registered in an IT based domestic arrears database maintained at the

Treasury.

However, a reconciliation of verified domestic arrears database maintained

at the Treasury and the actual arrears reported in the financial statements

of various Ministries, Agencies, Departments, Universities and Missions

revealed variances. In some instances the arrears reported in the financial

statements were more or less than those captured in the Treasury

database. These variances need to be investigated and reconciled

properly.

Vote

Arrears Per Treasury Database

Arrears as per Financial Statements Variance

Office of the Prime Minister

552,375,752

901,533,958 (349,158,206)

Justice & Const Affairs

74,421,121,878

3,489,642,270 70,931,479,608

Internal Affairs

46,862,476

1,929,658,675 (1,882,796,199)

Lands

9,431,660,539

9,046,042,591 385,617,948

Health

2,890,539,248

2,959,836,104 (69,296,856)

Gender, Labour & Soc. Dev.

4,950,412,430

4,968,807,747 (18,395,317)

Water & Environment

10,607,828,000

11,396,099,000 (788,271,000)

Judiciary

1,722,991,408

5,686,766,752 (3,963,775,344)

Electoral Comm.

4,010,864,191

5,729,311,229 (1,718,447,038)

Uganda Human Rights Comm

1,567,960,324

1,934,592,630 (366,632,306) UCDA

3,092,236,882 0 3,092,236,882

DPP

267,000,050

231,232,095 35,767,955

41

Health Service Commission

-

19,317,377 (19,317,377)

ESO

-

1,198,000,000 (1,198,000,000)

NEMA

-

209,246,217 (209,246,217)

Addis Ababa

4,384,902 13644161 (9,259,259)

London

555,198,170 0 555,198,170

UGANDA EMBASSY IN BERLIN

556,967 61722019 (61,165,052)

42

4.0 OFFICE OF THE PRESIDENT

4.1 Non-Tax Revenue (NTR) Although Shs.66,575,778 was collected as NTR, only Shs.1,559,488 was

remitted to the Consolidated Fund by end of the financial year, leaving a

balance of Shs.65,016,290 not transferred contrary to regulations. In his

written submission the Accounting Officer, explained that Shs.40,421,462

was transferred to Bank of Uganda by DFCU Bank on 13th August 2007 and

the balance of Shs.24,594,828 was wrongly remitted to UBC account by

DFCU Bank. The Managing Director, UBC had been requested to return the

money to the NTR Account for onward transfer to the Consolidated Fund

Account. However, by the time of writing my report, no action had been

taken.

4.1.1 Liabilities The accounts show that the Ministry has total liabilities of

Shs.20,809,907,490 comprising of payables of Shs.5,795,796,452 and

pension liabilities of Shs.15,014,111,038.

• Included in the payables are withholding tax deductions amounting to

Shs.21,875,272 which have remained outstanding for two years. No

proper justification was given for not remitting the withholding tax

deduction to Uganda Revenue Authority yet deductions are made at

source at the time of processing payments to suppliers.

The Accounting Officer attributed the problem to the change over of the

Ministry accounting systems to the Government of Uganda Integrated

Financial Management System. She promised to clear it when a

supplementary is approved by Parliament.

• The bulk of the pension liabilities represents (gratuity) owed to ISO

staff. It was noted that little progress has been made to have this

cleared and it is accumulating annually by very large amounts.

43

The Accounting Officer explained that due to resource constraints, the

Ministry cannot afford to clear off all the arrears.

There is need for government to address the matter. A review of the

current terms and conditions of service may assist in identifying the

causes of the accumulation of arrears.

4.1.2 Non-Recovery of Vehicle Inspection of the vehicle fleet revealed that a Ministry vehicle is still with

the family of a deceased Senior Presidential Advisor who passed away in

December 2006. The vehicle is now in private use contrary to Standing

Orders.

The continued use of this vehicle for private purposes deprives government

of its assets and could affect the activities of the organization. Besides, it

exposes the vehicle to quick wear and tear.

The Accounting Officer explained that following the death of the former

Senior Presidential Advisor, the family was allowed to continue using the

official vehicle up to the end of March 2007 when the vehicle would be

returned to the office.

When the authorized period expired, the family did not return the vehicle

and continued being defiant even when police officers were contacted.

Several attempts were made to retrieve the vehicle to no avail. The matter

has been referred to the Inspector General of Police and his response is

awaited. I also await further action from the Accounting Officer.

44

5.0 STATE HOUSE

5.1 Recurrent Expenditures Charged to Capital Development

During the drill down in the account enquiry, it was established that a

number of payments to the tune of Shs.664,312,400 for recurrent

expenditure were wrongly charged to asset items (Development budget).

This not only inflated the assets balances but also resulted into budget

distortions that were contrary to the appropriations by Parliament.

The payments related to recurrent expenditure comprising of matters as set

out below:-

100,000,000 Borrowing 300,000,000 refund of borrowed funds 500,000,000 Classified and general running 5,700,000 Donation 13,978,400 Transport for furniture to TZ schools 177,975,000 Training PGB Staff 21,749,000 Fuel 14,910,000 Advertising for SH Jobs 30,000,000 Fuel

664,312,400

I advised the Accounting Officer to adjust the accounts and remove the

recurrent expenses from capital expenditure and the schedule of assets.

Otherwise the assets stated in the accounts remain overstated by 664

million.

5.2 Non Boarding off of Vehicles

State House has 80 old motor vehicles that have been grounded in

Nakasero and Entebbe while others are abandoned in various garage

workshops. These vehicles were earmarked for boarding off some time

back in 2004. However, the process seems to be taking long and the

salvage value continues to reduce. Further still, these vehicles are packed

at various places including private workshops which may lead to their

vandalisation.

45

It was also noted that a number of house hold property was removed from

Entebbe State House to pave way for its reconstruction and this property

has been kept in containers for a long time now. Although it was

anticipated that this property could be used again after the reconstruction,

most of it has become obsolete or outdated and new house hold property

has been bought (2007/08).

Continued keeping of property earmarked for boarding off causes loss in

value and eventual loss of revenue to government.

The Accounting Officer explained that the boarding off exercise is in

progress. I have advised him to expedite this process as the vehicles

continue to lose realizable value.

5.3 Service Contracts for Staff on Contract

Uganda Government Standing Orders, under chapter 1 paragraphs A-j,

Appointment on Agreement Terms, Sub paragraphs 2-6, require that if an

officer serving under agreement terms wishes to serve another period of

service, at some time not later than three months before the expiration of

his or her period of service, an officer serving on agreement terms shall

indicate to his or her responsible officer his or her willingness or otherwise

to serve for another period of service if offered and that two months before

the expiration of the current period of service, the responsible officer shall

seek for the decision from the appointing authority with his or her opinion.

However during my review of a sample of 79 personnel files for staff on

contract, it was noted that;

• Contracts not renewed

18 employees had their agreements expired but no efforts were made

to renew them although they were still accessing the payroll. A total of

46

Shs.99,958,017 was paid to them as salaries although the agreements

had not been renewed. This expenditure is irregular.

• Late Renewal of Service Agreements

It was also noted that a number of employees engaged on Contract

terms do not renew their Agreements in time as required but continue

to earn their salaries and only sign their contract agreement one year

later and others at the time of claiming their gratuity at the expiry of

their contract period.

Continued access of the pay roll by the employees whose terms of

employment are irregular, contravenes Standing Orders.

The Accounting Officer explained that he had cautioned all staff serving

on contract terms to strictly adhere to the provisions of their Local

Agreements with Government, which require them to indicate their

willingness to continue in Government service at least 3 months before

expiry of their current contract

5.4 Purchased Property Not Yet Transferred

During the financial year, State House paid a total of Shs.382,000,000 as

the last installment on Cheque No 54212 for purchase of property on plot 2

State House Close from an individual at a consideration of

Shs.1,100,000,000.

Although the sale agreement indicates that transfer forms would be signed

after payment of the last installment, the land title was handed over

without signed transfer forms to effect transfer of the property to

government. Management explained that the seller lives in South Africa and

the forms have been sent to her for signing. I await the outcome of this

process.

47

5.5 Un-accounted for funds

A sum of Shs.8,887,400 advanced to an various persons for carrying out

various activities under the Poverty Alleviation Project, remained

unaccounted.

TAI 2003, par 215 requires that advances be accounted for promptly.

6.0 OFFICE OF THE PRIME MINISTER

6.1 Outstanding commitments (Payables) Supporting documents for outstanding commitments of Shs.901,533,958

reported in the statement of financial position were not availed for

verification. Besides payables ledger accounts were not maintained to

enable me confirm accuracy and completeness of account balances.

Management explained that all supporting documents for payables would

be availed together with payables ledger accounts. I await necessary

action.

6.2 Statement of stores and other Assets Equipment and furniture bought at Shs.233,640,000 were not reported in

the statement of stores and other assets acquired . This implied that the

value of assets was understated by an equivalent sum. Besides failure to

report may expose government assets to loss without trace. An explanation

is required for this irregular practice.

6.3 Improperly vouched expenditure A sum of shs.99,576,870 was paid to various suppliers without proper

supporting documents. The payments were based on photocopy invoices

and/or estimate statements. In one case Shs.60,462,752 was paid to

National water and sewerage corporation without supporting invoices or

statement of consumption. This practice contravenes financial regulations

and is potentially fraudulent. In response management stated that original

48

supporting documents had been traced and would be availed for audit. I

await for the original documents.

6.4 Statement of Contingent liabilities A sum of shs.95,950,297 was reported in the statement of contingent

liabilities as payable to two clearing firms. However supporting documents

and rationale for the liabilities were not provided. A Contingent liability

ought to be evidenced by constructive obligation such as advice of the

solicitor General.

I advised management to seek the opinion of solicitor General on the

matter.

6.5 Non deduction of withholding tax Withholding tax of shs.94,463,582 was not retained for onward remission

to Uganda Revenue Authority in violation of the income tax Act 1997(as

amended). Failure to recover and remit withholding tax exposes the

Ministry to the risk of tax penalties. The Income tax Act requires the

accounting officer to recover the tax, failure of which personal responsibility

is attributed.

6.6 Northern Uganda Social Action Fund (IDA CREDIT NO.3697)

6.6.1 Non adherence to Funding mechanism According to the Development Credit Agreement (DCA), the Project

expenditures were to be financed in the following ratios:-

Expenditure category

IDA GOU

1 Sub projects 90 % 10 %

2 Goods and vehicles 100% of foreign expenditures and 90 % of local expenditures

10 % of local expenditures

3 Consultants services training and audit

90 % 10 %

4 Operating costs 90% 10%

49

However it was noted that the project management did not strictly observe

the above requirement. As at 30th June 2007 an amount equivalent to

USD.1,424,950.06 from the IDA account had been used to finance activities

that should have been financed under GOU counterpart funding. This

practice is irregular.

Management explained that in one of the review meetings in October,

2005, it was agreed that the Project’ management should use the IDA

funds to implement the Project activities and later claim the funds from the

Government of Uganda. Due to shortfalls in Government counterpart

funding the Government of Uganda requested for 100% funding for the

Project and this was granted by the Bank in September 2007. An amount of

USD 1,424,950.06 has been claimed from the Bank under Withdraw

application No. 21.

6.6.2 Taxes It was noted that there were delays in remitting taxes deducted at source

by project management (including with holding tax and Pay As You Earn).

For example the following deducted taxes had not yet been remitted by the

time of audit in October 2007:-

Date/ Ref:

Purpose Amount (shs)

Purpose

7/6/07 chq 2546

50% for contract to design radio and TV programmes for NUSAF

23,352,000 and w/tax 1,251,000

W/tax not remitted by the time of audit

14/6/07 chq 2565

Gratuity for period Feb04 to Feb07

14,946,033 net of PAYE 6,405,443

PAYE not remitted by the time of audit

14/6/07 chq 2564

Prnting NUSAF quarterly report Jan – March 07

6,987,960 and w/tax 446,040

W/tax not remitted by the time of audit

50

The above practice can lead to penalties from the Uganda Revenue

Authority.

Management explained that the delays have arisen out of poor coordination

and that the loopholes were to be addressed.

Management is advised to ensure that provisions of the tax law are

complied with to avoid punitive action from Uganda Revenue Authority.

6.6.3 Bank charges (shs.227,146,595) It was noted that the following charges were debited onto the project

special account by the Bank of Uganda as being the costs of effecting

transfers of Project funds to other banks:-

Date Charges ($)

Charges (UShs)

Aug-06 3,000 4,810,050

6-Sep-06 47,520 76,191,192

7-Mar-07 35,000 56,117,250

7-Feb-07 1,650 2,645,528

6-Dec-07 9,500 15,231,825

27/6/07 45,000 72,150,750

Total 141,670 227,146,595

The above charges appear to be high and had not been budgeted for.

Management explained that they are now taking up the issue through the

Accountant General, to see how best Bank of Uganda can reduce on these

charges.

6.6.4 General Standards of Accounting and Internal Control

(i) Implementation of the SUN accounting soft ware

According to the aide memoir of 6-17/June 2005, the project was

supposed to have installed accounting software by 30th October,

51

2005. However, it was noted at the time of audit in October 2007,

the software had not yet been installed and none of the project

reports for the year under review (including Financial Monitoring

Reports) were generated using the software. This shows laxity on

the part of management to implement agreed recommendations.

(ii) Internal Audit

The Internal Audit Department did not have an Internal Audit

manual. The manual is expected to guide personnel on the

procedures to be followed while undertaking all internal audit

routines. Lack of it implies that work undertaken may not have been

done in accordance with standard guidelines.

Management explained that the Project didn’t have an authenticated

audit manual, since the consultant had not yet completed all the

required terms in the contract.

(iii) Advances to staff

Some project staff delayed to submit accountabilities for funds

advanced to them to carry out project activities. Accountabilities

totalling Shs.206,708,450 had not been accounted for by the time of

audit in October 2007:-

Some of the accountabilities have been outstanding for a period of

more than one year.

Delays in accounting for funds may lead to falsification of

documents.

Management is advised to ensure that agreed procedures with

regard to advances are complied with.

52

(iv) Advances to suppliers

The Project advanced funds totalling Shs.28,676,325 to two

suppliers with no advance guarantees being secured from the

suppliers in question. This implies that in case of failure to deliver

the project would run a risk of losing the advanced funds.

Management explained that the special condition of both contracts

did not provide for an advance payment guarantee. However, they

are taking up the issue with the Procurement Specialist, to see how

best they can introduce such a condition in future contracts.

6.7 Motor vehicle repairs There was no certification of repairs done on project motor vehicles to

confirm the quality of repairs done before payment of the garage invoices.

This implies that it is not possible to ascertain whether value for money was

attained from the repairs in question.

It was also noted that some repairs were authorised by a secretary as

opposed to a more senior project staff. The following cases were noted:-

Date/Ref: Particulars Amount (UGS)

Remarks

16/5/07 chq 2477

Service & repair of UG 0154 z and UG 0156 Z

8,156,835

Repairs authorised by Esther Othieno, a secretary in Liaison office

No inspection of repairs done on completion of repairs

16/5/07 chq 2475

Services for Service and repair of UG 0190 Z and UG0192 Z

2,115,037

No inspection of repairs done on completion of repairs

53

16/5/07 chq 2478

Service and repair of UG 155 Z

765,820

No inspection of repairs done on completion of repairs

Management is advised to Institute proper guidelines on vehicle repairs to

avoid wastage.

6.8 Store Keeping Although store issues are recorded on issue vouchers, there are no store

ledgers maintained to show running balances of any store item. This makes

it difficult to carry out reconciliations as well as stock taking. In addition,

there was no stock taking/board of survey carried out at any time during

the year as is required under section 7.4.1.5 of the Financial Management

Handbook. This implies that any errors and omissions (whether intentional

or otherwise) may go undetected.

It was also noted that purchases of project items worth shs.65,139,000

were not taken on charge (recorded in the project stores) and no

distribution records were available.

In the absence of the above records, it’s not possible to ascertain whether

the deliveries were made and received by the intended beneficiaries.

Management explained that measures have now been put in place to

ensure that all issues and receipts are properly documented, stores ledgers

have been redesigned, and monthly stock counts by a Project Officer from

the Directorate of Finance are being done. A stores register has been

introduced at the liaison office, to avoid cases of non recording of items

that are distributed from that office.

6.9 Petty Cash There was no evidence of reviews of all petty cash payments by a senior

official. In addition, the project does not carry out surprise cash counts to

54

ensure that there is no misuse of petty cash. The controls regarding cash

management appear to be weak.

Management explained that Petty cash control has now been strengthened.

Snap checks are now carried out by our internal auditors, and all petty cash

payments are being reviewed by a senior officer before cash is paid out, as

well as a review by an Accountant before they are posted in the Sun

Accounting System.

This will be verified during the next audit.

6.10 Procurement of Laptops A total of shs.7,950,000 was paid to a local company for three Laptop

supplied to the project. However, it was noted that, the specification of the

Laptops required by the office was DELL Latitude D510 but the contractor

supplied DELL Inspirion 1300 contrary to the BID document. It was further

noted that DELL Inspirion 1300 supplied could not be used because MS

office 2003 professional software had not been installed and the CD for the

same was not delivered.

Management explained that the supplier informed the Project that

production of the Dell Latitude D510 was being discontinued, and therefore

opted to supply the Dell Inspiron 1300 Laptops and that technically, the

Laptops supplied were compliant, and this was confirmed by the MIS

Department.

6.11 Fixed Assets Register It was noted that the project did not have a fixed assets register at the

time of audit in October 2007. The project should maintain a record of all

the fixed assets it owns which should include the following assets details:-

• Asset Name,

• Supplier,

• Location,

55

• Unique Identification Number,

• Cost, and

• Condition

In absence of a fixed assets register, it becomes difficult to monitor the

assets.

Management explained that the Project maintains a fixed assets register in

an excel file. However, at the time of audit, the register had not been

modified to include all the details as noted above.

Management is advised to ensure that a proper register is established to

keep track of all the project assets.

6.12 Project Staffing Position The following key staff positions were vacant at the time of audit in

October 2007:-

• Director Finance & Administration

• NUSAF District Technical officers (7)

• District accounts assistants (7)

Lack of adequate staff can lead to failure to implement all the planned

project activities.

Management explained the posts would soon be filled.

6.13 Sub-Projects

6.13.1Sub-project Tracker The Project designed an excel spread sheet to record all payments and

accountabilities from subprojects (subproject tracker). This is meant to

ensure that a record of funds paid to each subproject is tracked and to

avoid any double payments to subprojects. However, the tracker has the

following shortcomings:-

56

• It is not reviewed by any other person other than the preparer. This

implies that errors and omissions can easily go undetected.

• The tracker has many errors. Several subprojects have been double paid

and others have not had their accountabilities posted. As such the

tracker can not show an accurate status of advances to subprojects.

Management explained that they will inform the Districts that it is

mandatory to always keep a copy of whatever they send to NUMU and also

improve the accuracy of the tracker through the use of the Accounting

software, and support from the Audit Departments at the District Levels

who were trained by the NUMU Audit Department in 2007.

Project Management is advised to ensure that the integrity of the data

produced by the tracker can be relied upon and also train the concerned

officers.

6.13.2Physical Inspection of subprojects The audit also included an inspection of activities being implemented by the

districts and the subprojects. However the most common findings included

the following:-

• Sub standard physical works

• Use of poor quality materials e.g. weaker gauge for iron sheets

• Delays in accountability for funds by subprojects

• Delays in disbursement of funds from NUMU especially the GOU

contribution

• Incomplete structures/buildings due to delays in disbursement of funds

• Defects on structures already completed

• Use of subproject funds for operations by the district officials

• Misuse of funds by community subprojects

• Most Projects that were over funded by NUMU failed to refund the

amounts over funded.

57

• Some structures funded are owned by individuals as opposed to

communities.

• Most subprojects having problems with ensuring sustainability of

investments done. For example purchase of drugs for treatment of

cows, purchase of feeds for poultry, etc.

Management explained that the irregularities cited in the sub-project

implementation in the different districts ranging from sub standard physical

works, use of poor quality materials, incomplete structures, and delays in

accountability for funds by subprojects, were being addressed through

regular consultative meetings with District Engineers and other technical

staff. It was also explained that NUMU has, at such for a pointed out the

different roles and responsibilities of the different stakeholders especially in

the districts (where the local government officials are responsible for

supervision and technical advice to the communities) on implementation of

the NUSAF sub-projects. Where this capacity is lacking, the Operational

Manual, provides for outsourcing support for these functions. The Local

Governments have been encouraged to take advantage of this route. NUMU

is also improving its monitoring, supervisory and technical support to the

communities and the districts through regular visits.

Management has been advised to urgently address the matters pointed out

so that the Project can fully achieve all its objectives.

7.0 PUBLIC SERVICE

7.1 Contingent Liabilities: A sum of Shs.107,000,000,000 is reported in the Statement of Contingent

Liability as contingent liability relating to Military Pension. This liability has

been reported on since 2003/2004 financial year. The liability was allowed

in the accounts on the premise that the claims (Military Pensions) have

never been verified by the Pension Authority.

58

In response to my report for the period ended 30th June 2006, the

Accounting Officer explained that he had received confirmation from the

Ministry of Defence that documents had been compiled. To date no

documents exists, to permit a realistic assessment and settlement and/or

approximation of the overall pension arrears owed in respect of retired

military personnel, many of whom are now dead or living a destitute life. A

court judgement recently made in favour of the pensioners awarded them

Shs.1.4 trillion. I am not aware of the next course of action government is

going to take to avoid incurring interest on delayed payments.

7.2 IT Strategy In the 2005/2006 management letter and subsequent discussions it was

recommended and agreed that the Ministry develops an IT Strategy to

guide the Ministry in implementation of IT based initiatives. To date no

such a policy exists. Thus IT decisions such as procurement, maintenance,

disposal, etc are taken haphazardly. The Accounting Officer explained that

a draft IT policy was in place. I advised that the draft policy be

expeditiously approved.

7.3 Under Establishment According to the Ministry’s revised establishment structure, a specific

number of staff is required for effective implementation of its mandate.

However, by end of the financial year, an understaffing of 39 staff was

noted. This adversely impacts on the ability of the Ministry to offer the

required services.

In his written response, the Accounting Officer explained that these

vacancies will be filled in accordance with the wage provisions in the

budget.

59

8.0 FOREIGN AFFAIRS

8.1 Payables (i) Adjustments

A sum of Shs.14,626,323,766 is included in Schedule 14 for Payables

as adjustments. Details as to how the above adjustments were

arrived at were not availed for verification.

(ii) Kagera Basin Organisation

A total of Shs.6,879,434,865 is included in payables as liability to

Kagera Basin Organisation. It was however noted that this

organisation was wound up last year. It is not clear how such

indebtedness is going to be treated.

(iii) Other Creditors (Borrowings)

As mentioned in my earlier reports, an amount of Shs.3,670,458,784

is still being reflected in the accounts as an overdraft. Photocopies of

supporting documents which were availed indicate that this was an

overdraft from Bank of Uganda incurred for expenditures on travel

abroad and remittances to International Organisations in the year

2001. The documents presented were incomplete and I could not

therefore verify the genuineness of the expenditures.

8.2 Travel Abroad

Government regulations require that officers travelling abroad should seek

and obtain clearance from the Prime Minister’s Office as authority for their

facilitation. Examination revealed that Shs.1,330,154,604 was paid out in

respect of both air tickets and allowances. However, accountability

tendered was found incomplete. In particular there were no coupons of

travel to confirm whether the trips actually took place.

60

In addition there were no foreign exchange slips to ascertain the rates at

which the funds were translated to effect payment of allowances nor was

evidence of clearance by the office of the prime Minister provided.

The Accounting Officer is advised to streamline the system of accounting

for funds earmarked for travel abroad.

8.3 Lack of Strategic/Corporate Plan

The Ministry only prepares annual plans (One year plans) which are

presented in its Policy statements. There are no long-term plans (5 to 10

year plans) to give long-term strategic direction. There is also no clear flow

of how the Ministry intends to achieve its vision in the long term. This

promotes short-termism and adhoc planning leading to unfocussed service

delivery and inability to achieve the organisational mandate.

The Accounting Officer stated that the Ministry resources were not enough

to facilitate consultations with all key stakeholders including Missions

abroad, hiring consultants and printing of final documents of the plan. He

has however initiated the process which is expected to be completed in

September 2008. I advised him to take advantage of the annual

ambassador’s conference for consultations.

8.4 Lack of Job Descriptions

The key role of the Personnel Division within the Finance and

Administration Department is to assist Line Managers to draw up job

descriptions and work plans for all employees. These should specify the key

objectives, key functions, key activities and key outputs required of each

post holder. The work plans should indicate specific measurable, achievable

and realistic tasks to be carried out during a specific period. (Post

Constitutional Restructuring of the Ministry of Foreign Affairs Final Report

5.1.12).

61

It was, however, noted that there are no job description for staff other than

for the Accounting officer and the Directors. The implication is that there is

no basis against which staffs are monitored and evaluated.

The Accounting Officer explained that the Ministry in conjunction with

Ministry of Public Service is in the process of designing job descriptions for

each post.

8.5 Lack of Performance Evaluation and Appraisal

Although performance targets and goals are set for Missions, their

performance is not evaluated. There was no evidence of any performance

appraisal at both the individual staff level and the Mission level as a whole.

Lack of a performance appraisal system for the Missions renders targets set

irrelevant.

It was also further noted that the Performance goals set for the missions

are not measurable and appear too ambitious for the Missions taking into

consideration the meagre resources remitted to them. Goals such as

“increase tourism by 30%”, “increase trade by 20%” appear too ambitious.

Such ambitious and unrealistic targets indicate lack of proper risk and

financial analysis of such Missions and government sector as a whole.

8.6 Payment for Electricity Bills i) Doubtful Billing-UMEME

A scrutiny of the monthly bills for the Ministry revealed that although

the Ministry has only one Meter No. E245203 which would normally

attract one rate, the readings on the bills are of three rates. It is not

clear how such rates are derived. Furthermore, as at 26th June

2006 the meter reading was only 525 Units using the domestic rate

and monthly consumption was averaging Shs.50,000 per month

(May and June 2006). However under unclear circumstances, by 1st

July 2006 a month later, the meter reading rose to190,600 units

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using a different rate of “PPM_OFFPEAK MEDIUM” and the

consumption rose to averagely Shs.2.5m per month. By June 2007

the consumption had reached Shs.4,314,068 in one month. The

sudden rise in billings were not properly explained.

The Accounting Officer noted the concerns and promised to

investigate the matter with the electricity company.

ii) Prepayments

It was further observed that the Ministry prepays for its electricity.

As at 30th June 2007 the Ministry had a credit balance of

Shs.23,343,076. Surprisingly additional payments are being made to

the firm before utilising the earlier balances. For a period of eleven

months (July 2006 to May 2007) the Ministry did not pay any

electricity bills because it still had credit balances with the service

provider. This is an indication of over budgeting.

Besides, the prepayments were not reflected in the final accounts

contrary to regulations.

The Accounting Officer explained that the releases for utilities are

made 100% irrespective of the actual consumption at the time but

promised to pay against actual bills in future.

8.7 Procurements (a) Procurements without Work Plans

The procurement Reg. 96 requires that user departments make

annual procurement work-plans the basis on which all procurements

are made. However, contrary to regulations, the ministry spent a

total of Shs.1,344,726,893 for procurement of various items without

any work-plans from user departments.

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Procurements made on adhoc basis deprive the Ministry of the

benefits of bulk purchasing.

The Accounting Officer stated that a format is being developed

under the guidance of the Policy and Planning Unit.

(b) Payments without Contracts Committee Approval

The procurement law requires that all procurement proposals are

approved by the contracts committee. The law further encourages

that all procurement transactions to be competitively bidded for.

However, it was noted that suppliers who were paid an amount of

Shs.382,816,635 during the year did not have the Contracts

Committee approvals.

(c) Flouting of Bidding Regulations

It was noted that most of the procurements made during the year

were through the restricted bidding method. Regulations require that

approval of the method be sought from the Contracts Committee

and that a short list of at least three firms from the pre qualified list

be presented to the Contracts Committee for approval after which

solicitation documents are sent to the approved firms for bidding.

The bids submitted are then evaluated and contract award made.

There was however no evidence that this was done. Procurements

were mostly made through presentation of invoices.

It is not certain that government got competitive prices and quality

goods and services.

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8.8 Operation of the Ministry Canteen

The Ministry has a Canteen at the First floor being operated by private

individuals but there was no information or how it was contracted. No

contract agreement was availed despite numerous reminders. I could there

fore not ascertain the terms and conditions of the tenancy. In the absence

of any agreement, government could be losing funds in uncollected rent.

This arrangement has been that way since 2004 (three years).

The Accounting Officer regretted the error and informed me that although

the Ministry advertised the Service, the submissions received were

inadequate and that the Ministry was in the process of re-advertising to

attract more competition. A formal Contract would be signed as soon as

the process was concluded.

8.9 Payments for United Nations Arrears

A total of Shs.450,000,000 was paid to the Central Bank for onward

transmission to the United Nations in respect of payments for subscription

arrears. I was however not availed the evidence of remittance by the bank,

acknowledgement by the payee and details of the period paid for. The

payment therefore remains unaccounted for.

The Accounting Officer explained that he has written to the United Nations

Secretariat to acknowledge receipt.

8.10 Fixed Asset Registers

Treasury Accounting Instructions state that "All purchases of plant and

tools will be charged to a plant and tools item in the Ledger. A fixed Assets

register will be maintained to show the location of plant and tools in daily

use. This register will show the articles in the custody of each officer. All

officers in charge of plant and tools will keep inventories recording each

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article, its date of receipt, and the reference to the respective Plant and

Tools Ledger.

It was however noted that a Fixed Asset register is not being maintained by

the Ministry contrary to regulations. As such I could not verify asset

acquisitions, additions and disposals, maintenance/service records,

estimated life and retirement of assets.

The Accounting Officer explained that the Ministry was in the process of

designing an integrated fixed asset register.

8.11 Returned Gross Receipts Tax Account Balances

During the financial year an amount of Shs.150,000,000 was released to

the Ministry to cater for payment of import duties for goods procured. It

was noted that during the year the Ministry purchased two vehicles at

Shs.173,753,460 which attracted taxes totalling Shs.41,146,276.

However instead of the Ministry paying the taxes from the tax release

through the Gross receipt tax account, the amount was paid from the

capital development budget. In effect this tantamounts to an unauthorised

reallocation of funds. The Ministry later returned all the tax funds to

Treasury at the end of the year without utilising them.

The Accounting Officer explained that this was an oversight and that he has

written to Permanent Secretary/Secretary to the Treasury seeking

retrospective approval for reallocation.

8.12 State of Vehicles due for Board off

The Ministry has earmarked 9 vehicles and 12 Motorcycles for Boarding off

(disposal) during the year. A Survey of vehicles proposed for disposal

however revealed that they are located in private garages and being

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exposed to pilferage, deterioration and damage. The effect is increase in

wear and tear of these vehicles leading to decrease in the salvage value

(sale value).

The Accounting Officer explained that Ministries do not have adequate

storage for scrap vehicles and a coordinated effort with Ministry of Works

and Transport is underway to solve the problem. He has meanwhile

initiated the process of Boarding off of all the grounded vehicles.

9.0 JUSTICE AND CONSTITUTIONAL AFFAIRS

9.1 Improper Basis for Determining Ex-Gratia Compensation

According to the compensation claims database, a total of Shs.5, 733,

794,311 was approved as compensation to victims of the year 2001 rebel

attacks on the convoys on Karuma–Pakwach road, out of which a sum of

shs.2,148,485,948 was paid in the period under review leaving

Shs.3,585,308,363 outstanding. However, the following matters were

noted.

The Claims submitted were not subjected to an independent verification for

occurrence and valuation. Appropriate government institutions such as the

Police, Government Valuer and Chief Mechanical Engineer were not

involved to corroborate occurrence or confirm valuations.

It was also noted that the compensation was made without due regard to

the amount of Shs.1,385,956,297 which had earlier been recommended by

Cabinet. This was to represent 25% of the certified claims. The

Accounting Officer attributed this to poor coordination between Ministry of

Finance and Justice. He explained that when the matter was brought to

Ministry of Justice, information pertaining to who was paid and how much

was not made known to her yet Ministry of Finance had already effected

some part payments to some individual claimants.

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I advised the accounting officer on the need for a documented

compensation policy with proper verification and valuation procedures to

mitigate the risk of exposure of public funds to loss through unauthentic

claimants and inflated claims.

9.2 Weaknesses in Handling of Cases at the Attorney General’s Chambers

9.2.1 Court Award to Okema Okot Wilfred An audit review of case file No. HCCS 569/01 revealed that Shs.62,000,000

was paid to an individual as court award. However it was established that

the Ministry Officers in charge of defending this case absented themselves

from court with the hearing eventually proceeding experte.

Judgment was made in favour of the plaintiff resulting in a loss of public

funds.

In his response, The Accounting Officer stated that at the time, the officer

in charge of this case was abroad on study and Senior Civil Litigation

officers had been sent on forced leave, leaving an administrative vacuum.

He added that the Ministry has since acquired case management software

that will assist in monitoring the progress of all court cases to ensure that

all court sessions are attended.

9.2.2 Payment of Court Award to Male Salongo, T/A MB Transporters (U) Ltd. (HCC285/2004)

Following issue of a consent judgement of Shs.177,180,000 against a claim

of Shs.246,500,000, a part payment of Shs.47,169,200 was made to MB

Transporters Ltd in respect of transport services rendered to State House.

However, there was no evidence that supporting documentation such as

Invoices and LPOs were availed and verified before Attorney General could

enter consent Judgement.

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Further scrutiny revealed that the claimant had already requisitioned for

these funds from State House. The Ministry of justice effected payment

without reconciling with State House. I cannot rule out a double payment of

this transaction.

The Accounting Officer explained that although instructions were sought

from State House no response was received from them. Subsequent

reminders were sent requesting for relevant documents to enable the

Ministry prepare defence but no response was received. He added that

given that State House had already acknowledged the debt the Commercial

Court advised on settlement of the uncontested amount.

9.2.3 Court Award to Musoke Peter, Shs.107,000,000

Audit examination revealed that M/s Peter Musoke acquired a leased plot of

land (Plot 3, Water Lane, Naguru) from Uganda Land Commission several

years back but, the Ministry of Lands later refused to approve his plans on

grounds that the lease had been fraudulently granted since the plot had

been zoned as space for the protection of a water tank and radio

transmitter on Nagulu Hill.

The claimant sued government and was compensated. However, there is

no evidence that the Attorney General verified the validity of the claimant’s

lease agreement at the time together with the payments for annual rent.

The Accounting Officer explained that the Attorney General’s chambers

requested the Government Valuer for a valuation of the property in

question prior to discussing a settlement but the valuation took over 8

years to obtain, otherwise her officers had given the matter due diligence.

She added that the Ministry cannot police the performance of other

government departments.

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9.3 Indebtedness to Official Receivers Account

A total of Shs.3,472,504,560 was diverted by the Ministry from the Official

Receivers account to pay for office accommodation for the Administrator

General and the Registrar General Offices at Amamu House. Only

Shs.300,000,000 of this has been refunded to date.

It was further noted that at US$1.2 million per annum, the charge rate per

square metre for this rent was higher than market rate and exceeded the

annual budget allocation, thus leading to accumulation of debts.

I recommended that the Ministry seeks for cheaper office space through

competitive bidding. There is also need to have the diverted funds

refunded to avert risks of litigation from beneficiaries.

The Accounting Officer attributed the necessity for diversion to insufficient

funds on rent which she had already been brought to the attention of

Ministry of Finance. She added that plans are under way to construct a

Justice, Law and Order sector house in the longer term.

9.4 Over Expenditure on Travel Abroad Examination revealed that a total of Shs.60,532,014 relating to travel

abroad was wrongly charged to other budget lines without authority. This

mis-charge of expenditure indicates weakness in controls over budgetary

expenditure.

The mis-charge should be regularised in accordance with the Regulations.

9.5 Failure to Operationalise Uganda Registration Services Bureau (URSB)

URSB formerly a department under The Registrar General was created by

an Act of Parliament “The Uganda Registration Services Bureau Act” in the

year 1997. It has been observed that ten (10) years since the enactment

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of the law making it autonomous, the department remains under the

administration of Ministry of Justice. This defeats the intentions of

Parliament in enacting this law.

The Accounting Officer stated that all measures have been put in place to

fully operationalise the URSB in the 2008/2009 financial year.

9.6 Staffing The most senior positions in the Ministry have not yet been substantively

filled for a long time. This applies to the post of the Solicitor General,

Administrator General, Registrar General, Director Legal Services and

Secretary Law Council. There are also a number of other vacant posts at

various levels of management. This impacts negatively on the ability of the

Ministry to deliver the necessary services.

There is need for government to have these posts substantially filled to

enable the Ministry discharge its duties effectively.

9.7 Breach of Contract by a Service Provider

Examination revealed that the Ministry contracted a consultancy firm for

US$89,740 to conduct a financial and legal audit of court awards and

compensation against the government of Uganda. The contract was to last

for 4 months starting 25th June 2006.

The key outputs of the consultancy included:-

• A computerized Database, in the Civil Registry, of all civil suits against

government of Uganda as at 31st March 2005.

• A computerized database of all pending war debt claims as at 31st

December 2003.

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• A legal opinion as to the liability of any of the parties, in pending legal

suits exceeding the amount of US$50,000 as at 31st December 2004

collated in tabular format and arranged by day, month and year.

• A tabulated report of potential government liability based on the legal

opinion above.

• A tabulated report of current government liability, including accrued

interest for suits where final judgment has been entered, and with no

pending appeals.

However, the following matters were noted:-

a) Whereas there was an already existing computerized database

system in place, there is no evidence of an evaluation carried out

including consultation with stakeholders, to justify a new system.

b) Proper justification was not provided for not using a competitive

tendering process in the selection of the consultant.

c) There was an unnecessarily long delay in completing this report.

The Accounting Officer acknowledged the delays, and further explained

that a draft final report was being discussed with the consultant. In spite of

this, I could not confirm that Value for money was realized from this

expenditure.

10.0 FINANCE, PLANNING AND ECONOMIC DEVELOPMENT

10.1 Energy Fund

During the period under review, Shs.99,400,000,000 was appropriated

under the Energy investment fund project in respect of ‘supply of goods

and services item 224002’. The appropriated funds were wholly released to

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the Ministry and were subsequently transferred to the Energy Fund Account

in Bank of Uganda.

In May 2007 the Ministry signed on behalf of Government Of Uganda

(GOU) an agreement with Uganda Electricity Transmission Company limited

(UETCL) in which it was agreed among others that: -

(a) GOU shall transfer US$75,000,000 from the Energy Fund Account

(EFA) to UETCL. The later shall enter into a loan agreement with

Bujagali Energy Limited (BEL) solely for the purpose of making

advance works payment under the Limited Notice to Proceed

Agreement.

The Loan agreement shall inter alia, contain the following conditions: - • UETCL shall disburse the US$75,000,000 directly to Salin

Construttori S.P.A the contractor of Bujagali Hydro Electricity Power

Plant under the EPC Contract.

• The loan amount shall be repaid to the UETCL upon Bujagali

Energy Ltd. reaching the financial closing.

(b) UETCL shall upon receipt of the repayment of the loan amount of

US$75,000,000 from BEL remit the same to the EFA.

In accordance with the agreement, Shs. 99,332,050,000 was

subsequently transferred from the EFA to Bujagali Hydro Power

Project Transmission Line Resettlement Action Plan Account (RAPA).

A review of the documents filed in support of the Energy Investment

Fund transactions was made and the following matters were noted:-

(i) Unexplained Sources of Funding

While only Shs. 99,400,000,000 was appropriated, up to Shs.

127,346,707,140 was remitted to the contractors. In her

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response, the Accounting Officer explained that the additional

Shs 27,946,707,140 was drawn from the Divestiture Accounts

based on the DRIC 347th meeting decision. The regularity of

Privatization Unit intervention in the transaction is was not

explained.

(ii) Refund of the Funds

A total of Shs.127,346,707,14 was remitted to the contractors.

Although the Accounting Officer explained that the amount of

US$ 75,000,000 has since been recovered in its entirety, I was

unable to verify this and ascertain whether the recoveries were

remitted back to the Energy Fund Account as required by the

agreement.

(iii) Improper Classification

Since it was agreed that all US$75,000,000 paid to the contractor

is a loan recoverable upon Bujagali Energy Ltd. reaching the

financial closing, it was erroneous to recognise the payments to

EFA as expenditure. Instead the transaction should have been

recognised as an on-lent.

(iv) Uncredited Transfer from EFA to RAPA

On 31/05/2007 a debit of Shs. 43,951,700,000 was made on

Energy Fund Account being transfer of funds to Resettlement

Action Plan Account (RAPA). However, according to the “credit

advice” only Shs 43,744,700,000 was credited to RAPA. The

variance of Shs. 206,960,000 was not explained to satisfaction.

The Accounting Officer explained that the difference represents

foreign exchange loss on the translation. I have however

explained to the Accounting Officer that the charges by Bank of

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Uganda are unrealistically high. There is need for Government to

negotiate with Bank of Uganda and agree by way of a

Memorandum of Understanding on the appropriate and realistic

charges applicable to Governments transactions.

(v) Legality of the Energy Fund

The creation of the Energy Investment Fund was not done in

accordance with Public Finance and Accountability Act, 2003.

The Act requires that a special fund be established by way of

Statutory Instrument issued by the Minister. However, this has

not been done. There is also lack of clarity on which Ministry is

responsible for managing this fund. The Ministry of Energy also

has budget appropriations made for the support to the Energy

fund. There is need to have the Energy Fund legalised and its

operations properly streamlined.

10.2 Excess Expenditure

A total of Shs.20,671,363,812 was spent by the ministry on import taxes on

equipment and motor vehicles against an appropriation of

Shs.17,879,000,000 leading to an excess expenditure of

Shs.2,792,363,812. The Accounting Officer explained that a request for

supplementary expenditure to clear the over expenditure had been made

(on February 25, 2008) to the Permanent Secretary/Secretary to the

Treasury for laying before Parliament. I was not however provided with

evidence of approval of the supplementary by Parliament.

10.3 Funds allocated but not disclosed in the Financial Statements The Ministry was allocated Shs.433,740,000 under statutory budget to cater

for: External Interest (Shs.51,300,000,000), External Amortization

(Shs.174,800,000,000), External Arrears and Domestic Interest

(Shs.207,640,000,000). While transactions relating to domestic interest

(TB/Bonds) are rightly recorded/recognized in the Ministry accounts

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Shs.226,100,000,000 in respect of the three other categories are not

recognized in the accounts at all. The Entity's accounts i.e., Statement of

Finance Performance, Statement of Finance Position and cash flow

statement are therefore grossly understated.

10.4 Salary Arrears During the financial year ended 30th June 2007, Shs.4,786,200,500 was

advanced to various Accounting Officers in Ministries and Districts to cater

for salary arrears. At the time of writing this report only Shs.2,880,616,507

had been accounted for leaving a balance of Shs.1,905,583,993

unaccounted for. In the absence of accountability, I was not able to

ascertain that the funds were utilised for the intended purpose.

The Accounting Officer explained that she had written to the concerned

Accounting Officers who have not yet forwarded their accountabilities to do

so. The out come of her action is awaited.

10.5 Contingent Liabilities

On 30th June 2006 total quantifiable contingent liability was

Shs.4,200,000,000, representing Custodian Board debts to be inherited by

government. During the period under review, additional contingent

liabilities of Shs.2,000,000,000 and Shs.906,000,000 in favour of an

advocate and Kampala City Council were recognised. The basis of these

contingent claims was not satisfactorily explained.

I advised the Accounting Officer to have these claims urgently investigated

for their authenticity in order to mitigate against any risks of future

fictitious payments.

10.6 Payments to Foreign Consultancy Firm

During the financial year under review, Shs.270,000,000 was paid to a

commercial bank, for remittance to a foreign consultancy firm in respect

of a consultancy for Promoting Uganda's Export and Investment

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Opportunities. The payment is yet to be acknowledged by the consultant.

Performance reports in respect of the consultant for the period under

review were also not submitted for my review. I was therefore not able to

confirm that the amount was received by the beneficiary.

10.7 Flouting of the Public Procurement Regulations

A sum of Shs.224,564,040 (US$131,324) was spent by the Ministry on

procurement of 2 motor vehicles (Wagon). The procurement was neither

advertised nor approved by the Contracts Committee. This practice

exposes the Ministry to the risk of high pricing and procurement of

substandard goods. The Accounting Officer explained that the action taken

was inevitable because two Ministers had been newly posted to the Ministry

and there was an urgent need to provide transport for them.

10.8 Under Establishment

According to the Ministry revised establishment structure, for effective

implementation of its mandate 769 staffs are required. However by the end

of financial year, only 684 posts were filled while 85 posts were vacant.

The accounting officer explained that the posts have been advertised but

Public Service Commission has been slow in effecting interviews and

subsequent appointments.

10.9 Improper Maintenance of Fixed Asset Register

As part of the on going financial reforms, in May 2007, the Accountant

General instructed all Ministries to migrate to an IT-based Fixed Asset

Register (FAR): Fixed Asset Management (FAM), to track physical existence,

conditions and locations of government’s fixed assets. By the time of filing

this report, MOFPED was still using the defective manual registers despite

being the lead Ministry in the reform initiative.

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The Accounting Officer pledged to migrate to the new system before the

end of 2007/08 financial year.

10.10 Population Secretariat Project: Lack of Corporate Status

Examination revealed that the secretariat has no corporate status to enable

it carry out its mandate effectively. I have advised management to speed

up the process of acquiring the corporate status.

The Accounting Officer explained that a Cabinet Memorandum has been

developed and submitted to Cabinet. Once passed it shall operationalise

the revised population policy 2007 and recommend the enactment of a law

that will transform the Secretariat into an autonomous institution.

11.0 AGRICULTURE, ANIMAL INDUSTRY AND FISHERIES

11.1 Unauthorised Expenditure According to the statement of appropriation account (based on services

voted by Parliament) the Ministry incurred excess expenditure on

consumption of property, plant & equipment (fixed assets). Whereas actual

expenditure was Shs.2,114,818,353 the approved budget was only

Shs.1,986,200,000 resulting into unauthorised excess expenditure of

Shs.128,618,353.

The Accounting officer explained that the excess expenditure arose from

taxes paid on its behalf by the Ministry of Finance. I advised him to seek

authority from Ministry of Finance to regularise the expenditure.

110.2Advances Not Accounted For During the year a total of Shs.366,308,000 was advanced to various chief

administration officers for the execution of various official activities in the

areas under their jurisdiction. However, contrary to regulations the funds

had not been accounted for by the time of writing this report.

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In the absence of accountabilities, I was unable to confirm that the funds

were properly utilised. I advised the Accounting officer to strengthen the

internal controls over the management of advances.

11.3 Government Assets (a) Government Land

Available records indicate that an inventory of land under the

Ministry was compiled basing on the information submitted by the

Chief Administrative Officers (CAO) in the year 2002.The following

observations were made: -

• No effort since the year 2002 has been made to confirm the

accuracy of the list and make any additions, which could have

been omitted.

• The land identified has never been surveyed and there were

no land titles processed to confirm ownership.

• Available correspondences indicate that Government land has

been subjected to severe encroachment by the surrounding

communities or outright grabbing by unscrupulous people. For

instance one of the correspondence from State house,

indicates that land at Kazinga- Ngoma sub county Ntungamo

Districts, measuring approximately 100 acres, which has been

known to belong to the Ministry, was not secured and some

neighbours decided to take advantage and grab the land.

They have since disagreed and have been in court and

recently the High court ruled in favour of one of the parties.

In a related development, the Minister of Agriculture, Animal

Industry and Fisheries complained to the Office of the Prime

Minister about the unfair ruling on MAAIF land at Entebbe

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Livestock Experimental Station which CAA wants to use and

had obtained a land title for the said land belonging to MAAIF.

When the matter was brought before cabinet, a sub-

committee chaired by the Hon. Prime Minister was assigned to

resolve the dispute, but ruled against MAAIF.

Alleged Sale of Veterinary Estates in Kigungu

A Fisheries officer reported that arrangements were in

advanced stages for some crafty land dealers with connivance

of some local council members to sell off some veterinary

estates in Kigungu and had already surveyed the land.

In his response the Accounting officer explained that the

ministry set up a land task force to identify and verify the

Ministry land countrywide and so far land in western Uganda

has been verified and the process of identifying and titling

land in other regions will commence soon. On the alleged

sale of Veterinary estates, he was investigating the matter.

I advised him to expedite the process and also to liase with

other Government agencies like Police, Chief administrative

officers, and the Judiciary to put caveats and evict

unauthorised encroachers. Meanwhile the outcome of the task

force and investigations is awaited.

(b) Unengraved Government Property

An inspection of government property at the Ministry headquarters

revealed that some furniture, equipment and machinery are not

engraved, which subjects them to the risk of misappropriation and

embezzlement.

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During discussion the Accounting officer stated that he was going to

mobilise funds to undertake the engraving exercise. I urged him to

expedite the exercise.

11.4 Cash and Cash Equivalents (a) Unexplained Variance

The cash and cash equivalents of Shs.1,276,918,424 shown in the

accounts does not reconcile properly with the general ledger

reconciliation and the relevant explanatory note 20. Whereas in

explanatory note 20 the reconciled balance on the expenditure

accounts was recorded as Shs.1,267,339,148, in the reconciliation

statement it was shown as Shs.1,233,001,369 resulting into

unexplained variance of Shs.34,337,779. Similarly, in the same

explanatory note there are unexplained balances of Shs.400,000 and

(464,776) on collection accounts and others respectively which were

not explained.

The Accounting officer explained that a reconciliation of the treasury

General Account would address all the issues above. I urged the

Accounting officer to expedite the process of reconciliation of the

Treasury General Account.

(b) Un-presented Cheques

The General ledger reconciliation shows un-presented cheques

totalling Shs.3,895,231,161 out of which cheques amounting to

Shs.210,013,987 have remained outstanding for more than one

year.

The Accounting officer explained that the unreconciled difference

was a systems generated error and was still carrying out

consultations with the Accountant General to address the issue while

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for the un-presented (stale) cheques he had written to BOU and

awaits its response.

I advised him to expedite the consultations to ensure reconciliation

of the account and reversal of the stale cheque transactions.

11.5 Audit inspections (A) DOHO Rice Scheme

The scheme is found in Bunyole County in the new district of Butaleja

in Eastern Uganda. Rice growing in the area started in the 1940s

when farmers were asked to grow rice by the colonial government,

for soldiers during World War II. The farmers faced several

problems ranging from inability to control rice blast disease, damage

of the crop by birds and rats to low yielding varieties. The

Government came to their rescue in December 1975 by bringing in

the Chinese experts and posting some personnel to develop the

swamp under the name of Doho Rice Scheme.

Construction of the irrigation and drainage structures was completed

in 1989 resulting into the reclamation of 2500 acres. The actual area

under cultivation is 2380 acres and about 4340 farmers are currently

cultivating rice in the scheme.

The following observations were made:

(a) Rehabilitation of the Scheme

The Ministry entered into an agreement with a company for

the refurbishment and rehabilitation of the scheme at a

contract sum of Shs.442,368,296. To-date a total of

Shs.198,873,869 has been paid. However, it was noted that

implementation has been very slow due to lack of funding of

the contract by the Ministry. The project outputs may not be

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achieved if funding is not provided for the completion of the

rehabilitation.

(b) Encroachment on Government Premises.

A number of Government facilities at the scheme were

encroached on without authority. For instance almost all

stores are occupied with private property, some housing units,

which were meant for the project staff, are occupied by

unknown people, and accessibility to the station, is not

restricted particularly at the eastern gate.

The Accounting officer explained that it’s only the staff

serving on the scheme that occupy the station’s residential

units. All other occupants are supposed to be paying rent

which is yet to be determined. He further noted that

accessibility to the station is restricted but this has been

hampered by lack of a perimeter fence.

I advised him to evict all illegal occupants of Government

premises and also to put up a perimeter fence.

(c) Abandoned machinery and equipment

All machinery at the station in the carpentry, welding and

fabricating, machine mills workshops and water pump were

either found abandoned or redundant and not used for any

gainful activities to Government.

In a related development, wind blew off the entire structure

of the carpentry workshop close to a year now, which has

exposed the machinery and equipment to direct sun rays,

rainfall and all other vagaries of nature.

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During discussion the Accounting officer explained that plans

to renovate the facilities were underway. I urged him

expedite the process.

(d) General Appearance of the Station.

Generally the station is not well maintained. It was in a bushy

environment. This was probably explained by lack of funding

for the station from headquarters. Apart from the salaries for

staff, there was no imprest for the station manager to enable

him run the station properly.

I have advised the Accounting officer to ensure that the

station is properly managed by providing the required

resources.

(B) Olweny Swamp Rice Irrigation Project

The scheme is located in Agwata Sub-county, Dokolo County, Lira

District in Northern Uganda. Available records show that a feasibility

study for the project was carried out in 1982, with the hope of

implementing it between 1987 and 199, but got delayed because of

the insecurity which was in the region, incomplete feasibility at the

time of project approval and high costs that were required to

implement the project.

The financiers of the Olweny Swamp Rice Irrigation project (OSRIP)

were the African Development Bank (ADB) and Government of

Uganda (GOU).

Objectives of the project

• To demonstrate research, extension and farmer linkages.

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• To be a model design for sustainable wetland development to be

replicated in other parts of the country for developing gravity–fed

irrigation.

• To popularise production of high value crops for poverty

alleviation.

• To increase rural employment and food production.

The project was developed into two different sites, each with its own

irrigation system:

The Nucleus Farm (NF)

The NF is the headquarters of OSRIP and is located in Agwata,

Dokolo, Lira District. It is a 50 hectare farm and is used for seed

multiplication, research and training of farmers.

Otek-Okile Small Holder Project

It is also a smallholder rice scheme of 600 hectares. It is located

upstream in Sub-counties of Barr and Amach in Erute south, Lira

and irrigation and drainage in the scheme is by gravity.

The following observations were made:

(a) Termination of Project Activities

The project activities were terminated at all the project

sites above and all technical staff withdrawn or laid off. At

Otek-Okile, farmers under their umbrella organisation called

Growers cooperative society run the station and offices. I

was not provided with the terms under which the premises

and other project assets were allocated to them. Similarly

at the Nucleus firm, the station is completely abandoned

and bushy with no sign of activity, there is only the stores

assistant managing the stores and the station.

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I advised the Accounting officer to come up with a clear

position about these valuable projects and if Government

was to pull out, how the projects will be run.

(b) Projects Assets

The projects have a number of assets and assorted stores

whose status is unknown considering the uncertainties

surrounding the future of the projects.

I advised the Accounting officer on the need to clarify on the

whereabouts of the assets and how they are going to be

disposed off in case Government decides to withdraw it’s

interest in the project.

The Accounting officer explained that the Ministry through the

procurement process has put in place a team, which will

survey the items with a view to isolating those due for

disposal.

(c) Staff Quarters (Estate) at the Nucleus Farm.

The staff estate at the Nucleus Farm has fourteen (14)

housing units, some of which at the time of inspection were

occupied by unknown people. The terms of occupancy of the

premises and how they were solicited were not explained.

The Accounting officer explained that the staff quarters were

formerly occupied by support staff who were eventually laid

off under the restructuring process and due to insecurity by

then in the Northern region they could not return to their

homes but with peace returning to the region, they will be

soon moving out of the quarters.

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I have advised the Accounting officer to secure Government

property from illegal occupants.

11.6 Stores Inspection An audit inspection of the Ministry’s main stores at Wandegeya revealed

that various assorted stores that have not been issued out or claimed from

the stores since 1996 and are now obsolete. The rationale for the

acquisition of such stores is questionable if they could not be put to use for

all that time, and also casts doubt as to whether there is proper planning

for the use of the scarce resources.

I advised the Accounting officer to ensure that that stores once purchased

are utilised for the purpose for which they were acquired.

The Accounting Officer explained that the obsolete items are supposed to

be destroyed but the destruction costs are too high.

11.7 Vegetable Oil Development Project: IFAD LOAN NO.442 – UG

11.7.1GoU Counterpart Funding According to the budget, Government of Uganda was supposed to

contribute shs.794,197,000 as counterpart funding and shs.1,200,000,000

for land acquisition for the year under review. However, only

Shs.214,157,000 was released as counterpart funds and no release was

made for land acquisition, leading to a shortfall of Shs.580,040,000 for

counterpart funding and Shs.1,200,000,000 for land acquisition.

This affects the timely implementation of programme activities.

Management explained that U.Shs.2 billion has been provided for in the

2007/08 budget for land acquisition of which Shs.1 billion had so far been

released. It is expected that this financial year, counterpart will be availed

as budgeted.

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11.7.2Fixed Assets Management a. Fixed Asset Register

It was noted that Kalangala District does not maintain a fixed asset

register.

Lack of a fixed asset register weakens controls over the management of

assets.

Management explained that the concern had been raised with Kalangala

District and they have clarified that the district maintains a general assets

register used for all district assets, which was not accessible at time of

audit. The District Agricultural Officer had also been advised to open an

assets register at his level for project assets.

b. Engraving of Assets

It was noted during the audit that some Project assets were not engraved

with the project name and unique identification numbers. For example the

following assets were not engraved:-

Asset Location

2 Filing cabinets Kalangala Oil Palm Growers Trust (KOPGT)

9 Office desks ,,

3 UPS ,,

10 Office chairs ,,

1 Dell CPU ,,

2 Laser et printers ,,

In the absence of unique identifying marks, it becomes difficult to trace the

asset incase of loss.

Management explained that the assets had just been bought by Kalangala

Growers Trust and the Coordination Office had written to them urging them

to urgently have the assets engraved as per government rules and

procedures.

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c. Quarterly reports

According to appendix X of the Kalangala Oil Palm Growers Trust (KOPGT)

operational manual, KOPGT is supposed to submit quarterly reports to the

Ministry of Agriculture Animal Industries and Fisheries (MAAIF) through the

Project Coordinator. In addition, the Project Coordination Office (PCO) is

supposed to respond to each report with regard to timeliness, level of

detail and accuracy. The PCO is also supposed to address specific queries

on the reports to KOPGT and make recommendations for future reports.

Whereas KOPGT has been submitting the reports as required, the PCO has

not been responding to the reports.

Management has noted the concern and will in future acknowledge receipt

and give response in writing to KOPGT.

d. Bye-laws

According to appendix X of the KOPGT operational manual, a draft of bye

laws to govern the trusts detailed operations would be prepared

immediately upon the registration of KOPGT, possibly with the assistance

of a local consultant to be hired by the PCO.

The bye-laws would include:-

Financing terms and conditions

Repayment modalities

Sanctions for defaulters

Rules regarding the staff and board members participation in the oil

palm growers scheme.

Details of hire/purchase scheme for staff motorbikes.

Allowance rates for board members and remuneration and allowance

rates for staff.

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KOPGT has been in operation for one and a half years now and yet no bye

laws have been drafted to guide the operations of KOPGT.

Management explained that they will facilitate KOPGT to prepare the by

laws, that will serve as a reference for managing the farmer-KOPGT

relationship, to be used when the project closes.

e. Oil Palm Pricing Committee

According to Article 8 of the Tripartite Agreement between the Government

of the Republic of Uganda, Oil Palm Uganda Limited (OPUL) and the

registered trustees of KOPGT, an oil palm pricing committee was supposed

to be in place based on the Government of Uganda –BIDCO cooperating

agreement. The committee was supposed to be appointed by Government

to carry out the following tasks:-

To oversee the pricing of inputs and services under the oil palm growers

scheme; and

To determine the price at which small scale farmers sell their output to

OPUL.

However at the time of audit in December 2007, the committee was not yet

in place, suggesting that if the out growers are subjected to unacceptable

prices they would have nowhere to appeal.

Management explained that arrangements are under way to have the

pricing committee constituted to provide a forum for determination of

prices using a formula that has already been agreed on by government,

KOPGT and Oil Palm Uganda Ltd.

f. Status of Project implementation

According to article 3(2)(f) of the cooperating agreement between the

GOU and OPUL government was to provide 30,000 hectares of land, 10,000

on the island and 20,000 on the main land to enable them produce to full

capacity.

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However at the time of audit in November 2007, the project had only

secured approximately 9000 hectares at the island.

This has made some of OPUL’s equipment redundant and therefore makes

the Government vulnerable to litigation as a result of non-compliance with

the agreement provisions.

Management explained that implementation of the Oil Palm component is in

phases. The focus has been on the first phase which is on Bugala Island.

The land required on the Island is almost met. Efforts to purchase the

remaining 1000 hectares are underway. Shs.2 billion has been provided for

land acquisition. The Outgrower/Smallholder scheme is also progressing

with close to 2000 hectares surveyed and planting on going.

g. Delay in Processing Farmers Loans

It was noted that processing a farmers loans on average takes about four

months. Some of the loans are for slashing or planting oil palm. The delay

may imply that by the time some of farmers obtain the money seasons may

have changed making these loans susceptible to being misused because

the funds are secured when the time for the intended purpose has passed.

Management explained that they have recognized the lengthy period in

accessing farmer loans and have decided to provide for an advance to

KOPGT Secretariat for farmer loans, depending on the quarterly loan

requirements. The advance will then be accounted for and replenished. In

addition, farmer training in filling the application form has been undertaken

to ensure that no applications are returned to farmers for correction.

Applications will be handled as and when they are submitted, without

waiting for all the farmers to submit. These efforts will reduce the turn

around time for the farmer loans to less than one month.

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h. Security of Farmers Loans

According to Para 8 of the KOPGT operational manual, the criteria for a

farmer to participate in the loan scheme stipulates that a farmer would need

to pledge his/her land tenure rights for the useful life of the plantation in

form of a land title or certificate of occupancy with KOPGT. The useful life of

the plantation was assumed to be 25 years or in case the documents were

not available a letter by the Local Council (LC) 1 chairman and two other LC1

committee members confirming 12 years occupancy. However it was noted

that farmers were participating in the scheme and obtaining loans without

fulfilling the above requirements.

Management explained that the oil palm plantation itself is loan security,

which, according to the farmer agreement, can be taken over by KOPGT in

case of mismanagement, until the loan is repaid using proceeds from the

plantation. The farmers will sell their oil palm bunches to one factory at the

nucleus estate. Recovery of the loans will be effected at point of sale, hence

minimizing the risk of non repayment.

i. Road Equipment

It was noted that the project procured a motor grader at a cost of

US$.272,589 and a wheel loader at a cost of US$.201,052 from M/s. Panafric

trucks. The equipment was handed over to Kalangala District Local

government Administration to be used by the District and KOPGT. However,

no guidelines were put in place to guide the sharing of the equipment. In the

absence of proper guidelines it becomes difficult to know the rights of the

stakeholders and how they are supposed to share maintenance costs. This

could result in disagreements in future.

Management explained that the road equipment is under the control of the

Chief Administrative Officer (CAO) as the accounting officer Kalangala Local

Government. The KOPGT as and when they require to use the equipment

will make a request to the CAO, requesting for the equipment. The CAO will

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determine the use of the equipment including how operational and

maintenance costs are to be met. The CAO is also in charge of the project

activities and oversees the KOPGT activities in the district.

I have, however, advised him to have these guidelines properly

documented.

j. Assessment of rate of delivery of output

During the year under review, it was noted that expenditure for the Project

was generally below budget as indicated below :-

Component Budget(shs) Actual(shs) Variance(shs)

Oil Palm 5,567,017,521 2,739,092,258 2,827,925,263

VODF 2,061,112,000 481,297,575 1,579,814,425

Institutional

Support 3,497,580,099 2,996,697,962 500,882,137

TOTAL 125,709,620 6,227,087,795 ,898,621,825

This may imply the following:-

• The project has a low absorption capacity

• Lack of proper planning or budgeting

• Slow rate of project implementation.

• The above may lead to extra administrative costs as a result of extending the

Project life.

Management attributed the delays to:-

• Delays in the procurement of roads equipment that was not concluded in

time to enable payment for the equipment.

• Delays taken in identifying a private investor to co-implement the Project.

• Delays in identifying land.

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12.0 LANDS, HOUSING AND URBAN DEVELOPMENT

12.1 The Pool Housing Fund In September, 1994, Government of Uganda represented by the Ministry of

Finance and Economic Planning signed an Agency contract with the

Housing Finance Company of Uganda Limited (HFCU Ltd) which allowed to

have the proceeds of the sale of pool houses deposited with HFCU Ltd the

agent, extension of mortgage facilities to public servants to acquire such

houses and to use the fund to provide mortgage finance to the general

public. The fund was opened to receive deposits from public servants who

had been allocated government pool houses.

The offer letters seen indicated that the beneficiary was required to deposit

Shs.3,000,000 into the fund within 12 months upon receiving the offer

while waiting valuation of the property by the Chief Government Valuer.

It was also a requirement for the beneficiary upon receiving the value to

deposit a valuation fee of 0.125% of the purchase price into the pool

houses sales committee Account in Stanbic Bank, IPS Building on

Parliamentary Avenue.

After valuation of the property, the beneficiary was required to deposit 8%

of the value as down payment upon which the title was to be transferred

into the buyers name and forwarded to HFCU Ltd for execution of

mortgage for the outstanding balance.

However the following are my observations:

(a) To date there is still no Parliamentary resolution to authorise

establishment of the above revolving fund despite the Minister of

Finance request to Parliament made in November 2004 and January

2007. It appears that the fund is still being operated illegally.

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The accounting officer explained that the ministry had requested the

Minister of Finance to consider issuing a statutory instrument

establishing this fund as a special fund for housing development in

the country to which he has received no response.

(b) Available information regarding the account in Stanbic Bank IPS

Building indicates that the account was opened for collection of

operational funds for the operation of the pool houses sales

committee. However, I have not been able to establish the balance

on this account as at 30th June 2007 because the signatories have

not changed from the Accounting Officer Ministry of Works and

Public Service .It is not known how much money lies on this account

and what it is used for.

(c) The status of the rent payments as at 30th June 2007 has not been

established.

The status report on the fund released by the HFCU Ltd as at 30th June

2007, revealed the following matters:

(i) A total of 261 beneficiaries were offered properties and paid up the

initial deposit of 8%, but have not yet executed mortgage with the

Housing Finance Company of Uganda Ltd as specified in close A6 of

the terms of offer. The value of offers outstanding in this category

is Shs.5, 062,500,000.

The Accounting Officer explained that this category has a mandatory

period of one year within which they are required to execute

mortgages and that it had not expired.

(ii) A total of 95 beneficiaries in various districts have had their titles

processed but have not executed mortgages with HFCU Ltd. I could

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not tell whether their offers were still valid as the offer dates were

not disclosed in the files.

In his response the Accounting Officer explained that the

beneficiaries had since been notified to execute their mortgages by

December 2007.

(iii) Shs.456, 552,780 has been collected from 343 properties which were

offered to public servants without valuation. These are properties

around Kampala, Ntinda, Entebbe and a few in Jinja. I do not know

why such valuations of nearby areas have taken that long.

The Accounting Officer explained that these were condominium

properties whose plans were not yet ready and that the majority of

the beneficiaries were making their payments as scheduled. He also

stated that for the property in Kampala, Entebbe and Ntinda they

had been inspected by the Chief Government Valuer.

(iv) 150 beneficiaries were allocated properties but have never deposited

any money with HFCU Ltd towards the purchase of their houses.

These are mainly in areas in Kampala, Kololo, Entebbe, Jinja and

some upcountry districts of Moroto and Masindi. This violated the

terms of offer that required them to deposit Shs.3,000,000 within

one year of offer. Majority of these offers were made in 2006 and

some in January 2007 and are worth Shs.3, 639,300,000.

The Accounting officer explained that the mandatory period 12

months had not lapsed and that an advert had been made urging

the affected beneficiaries to fulfil their obligation or else their offers

would be revoked.

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I advised him that all those offers for which no money has been

received yet should be sent a reminder if they are still within the 12

months period.

(v) 131 beneficiaries have not fully paid the 8% down payments and

their grace period has expired. Offers in this category are worth

Shs.2, 229,800,000.

In his response, the Accounting Officer explained that the

beneficiaries have been given a grace period of 30days in which to

fulfil their obligations after which their offers may be revoked for non

payment.

I advised him to consider cancelling those offers whose grace period

has expired before making the down payment and have them

referred back to the pool houses sales committee.

vi) VAT Payments to URA

During the year under review it was observed that on a monthly

basis a constant figure of Shs.170,219,432 was being paid to URA in

respect of assessed VAT on sales of pool houses. The authority and

basis used to arrive at the assessed amount was not explained.

The Accounting Officer explained that these were arrears whose

repayment schedule had been negotiated between HCFU Ltd and

URA. It was also explained that an appeal had been made in the

Commercial Court and HFCU had been asked to stop the remittances

to URA until the matter is resolved.

12.2 Land Acquisition a) Further to my observation in the Annual Report for 2005/06, (Para

11.3) during the year under review, an additional payment of

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Shs.186,600,000 was made to a Land owner towards purchase of

his land in Mutungo comprising of 5 titles which was acquired for

security reasons. This is in addition to an earlier payment made to

the same person of Shs.884, 530,000 during the previous financial

years.

The valuation report dated 17th September 2004 indicates that this

land was valued at Shs.1,110,000,000 and the Landlord has so far

been paid Shs.1,071,130,000. However Plot 67 has a caveat fixed

by the administrator of the estate of the late William Serwadda

dated April 2005.

The Accounting Officer explained that the issue is still before court

and has not been concluded.

b) In a related development, a total of Shs.311, 000,000 was paid

during the last two years to various persons in respect of

compensation for compulsory land/ranches acquisition by

government.

A copy of the valuation report seen for the ranches, (Ranch No.33

covering 638 hectares in Ankole ranching scheme and ranch No.19

covering 885 hectares in Singo ranching scheme) indicates that the

government has not fully paid for these ranches and as such cannot

have the titles. So far government has paid Shs.120,000,000 leaving

a balance of Shs.222,260,000 for both ranches unpaid.

The land at Isingiro (2076.24 hectares/5130.39 acres) comprising 9

titles was valued at Shs.373,000,000 of which Shs.191, 000,000 has

so far been paid. The valuation report for this land indicates that 5

titles are free from encumbrances while the remaining 4 titles valued

at Shs.195,000,000 are encumbered. I have advised the Accounting

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officer to handle the issue to its final conclusion because any further

delays may lead to complications.

I was also not availed with any of the above titles to confirm their

transfers to Uganda land commission.

12.3 Cash Payments Examination of expenditure for the year under review has revealed that

Shs.1, 864,727,946 (See details below) was drawn in form of cash under

various heads of departments as official advances to carry out various

activities. This represents 38% of the Ministry’s annual budget. The

expenditure exceeded the authorised imprest warrant of Shs.756,000,000

by Shs.1,108,727,946 contrary to regulations.

I have advised the Accounting Officer to discourage cash payments and

where necessary operate within the imprest limits authorised by the

Accountant General.

12.4 Un-completed Projects The following projects being implemented by the Ministry are registering

very slow progress and may not achieve their intended objectives. They

include:-

Project Amount Anticipated (Shs)

Budgeted Amount

Amount Released

% of Budget

Re-development of Kyabazinga Palace

3,123,000,000 123,057,000 123,057.000 3.9%

Residences of a former Head of State

500,000,000 121,000,000 121,000,000 24%

Markets and Workplaces around Kampala

4,600,000,000 70,000,000 70,000,000 1.5%

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• Redevelopment of the Kyabazinga Palace (0965)

The above palace was vandalised by the Military police who occupied

it between 1966 and 1979 after the abolition of Kingdoms in 1966.

The government then undertook to renovate the palace.

Funding of Shs.3,123,000,000 was anticipated in the financial year

2006/07 to enable completion of phase one of the project as per the

Ministerial Policy Statement. However, only Shs.123, 057,000 was

budgeted and approved by Parliament representing 3.9% of the

required amount for the year. With this amount very little could be

implemented.

• Completion of the former Head of State Residence

In 1993 H.E the President during his visit to Kitgum district pledged

to rehabilitate the residences of a former Head of State; one located

on Palabek Road, Kitgum town and another located at the Kitgum

Hilltop.

During the year under review Shs.500, 000, 000 was planned to be

spent on the project as per the policy statement. However only

Shs.121, 000,000 was budgeted and approved by Parliament for the

above project, representing 24% of the approved budget.

• Project 0967 – Markets and Work Places in and Around

Kampala

The above project was conceived during H.E. The President’s tour of

the city suburbs. During inspections of markets His Excellency

noticed the appalling situations in the market areas and directed that

some markets be cemented and other workplaces be sheltered. The

first markets to be worked on included Kalerwe, Kizito and

Nakulabye.

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The objective was to improve hygienic standards in the markets that

handle foodstuffs intended for human consumption, and to create a

healthy working environment for market vendors and artisans.

The planned expenditure for the year as per the policy statement

was Shs.4,600,000,000. However, only Shs.70,000,000 was

budgeted for and approved by Parliament for the year under review

representing 1.5% of the planned expenditure.

There is need for government to provide the necessary resources to

complete these planned activities. It is not good practice to go into

ventures that end up not being funded to completion.

12.5 Non Reconciliation of NTR Collections by URA The non-tax revenue collected by Uganda Revenue Authority on behalf of

the Ministry was not properly reconciled with the Ministry records. A

comparison between Monthly returns from URA and receipts issued by the

Ministry for the same period shows that a total of Shs.75,467,700 was not

receipted thus understating the NTR revenue by the same amount. The

records should be properly reconciled and any differences properly

investigated.

12.6 Lack of Approved Staff Structure The Ministry was granted its ministerial status in July 2006 with the vision

of ‘Planned Productivity and Sustainable Use of Land Resources in

the areas of Lands, Housing and Urban Development’. The Ministry

carries its activities through the departments of Lands and Survey, Land

Registration and Valuation, Physical Planning, Urban Development, Human

Settlement and Building. However the following matters were noted:

• The Ministry has continued to operate without an approved staff

structure by the Ministry of Public Service.

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• Although the Department of Building was indicated in the Ministerial

Policy Statement of 2006/07 by Parliament, it has not been incorporated

in the interim structure. This could have affected delivery during the

year.

The Accounting Officer explained that though a structure was approved by

Cabinet in June 2007, this was not agreed to and a new compromise

structure was developed. He further stated that consultations are going on

with the Ministry of Public Service to have the compromise structure

approved and implemented by the Ministry. It was also explained that the

department of building had been removed and a new department of

housing created.

I await for the finalisation of the process of having an approved structure

for the Ministry that will enable it fulfil its mandate.

12.7 Board of Survey Fifteen (15) grounded vehicles were not declared to the Board of Survey on

stores. The Board of Survey report on stores is silent on them.

The Accounting Officer was requested for an update on the progress made

to have them boarded off.

13.0 WATER AND ENVIRONMENT

13.1 Excess Expenditure A total of Shs.2,583,020,491 was over spent on consumption of property,

plant and equipments (fixed assets) as reflected in the appropriation

account based on the nature of expenditure for services voted. No

explanation was provided for the excess expenditure.

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13.2 Gross Taxes Payments (i) Acknowledgement of Non resource taxes

A total of Shs.2, 714,989,503 was paid to Uganda Revenue Authority as

gross tax payments incurred by the Ministry during the year. However, no

receipts to acknowledge the same by URA were availed for review. The

Accounting Officer explained that there was no clear procedure on who was

to retrieve receipts from URA after receiving payment from Accountant

General.

(ii) Un authorised payment of domestic taxes

Examination of a sample of payments on the gross tax account at bank of

Uganda revealed that a sum of Shs.467,617,255 was paid on behalf of

various private companies and non government organisations, in respect of

domestic VAT on procurement of goods and services. An additional amount

of Shs.125,522,954 was paid by the Ministry as taxes on goods imported by

a construction company. However I was not provided with the authority

under which the payments were made. Payment of taxes for unauthorised

private companies has the effect of introducing unfair pricing advantage

over the tax complaint companies.

13.3 Payroll (i) Un-authorized salary payments

Salary payments of Shs.217, 903, 360 were made to students who had

applied to join the Ministry for industrial training in various professional

disciplines to further their skills. During audit examination, it was however

noted that these payments are irregular as they lacked authority of Ministry

of Public Service.

The Accounting officer explained that the staff trainees are taken on to

enable them acquire some relevant experience after which they are sent to

the districts to support the water and sanitation programs.

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I have advised the Accounting Officer to have this policy regularised with

the Ministry of Public Service.

(ii) Violation of public service regulations on personnel recruitment

A review of a sample of Ministry payments to contract staff employees has

revealed that the ministry recruited and paid Shs.93,088,870 to contract

staff employees for jobs which were not advertised. There was no evidence

of either internal or external job advertisement having been made. This is

irregular as it contravenes Public Service regulations which emphasize

competition for public service jobs.

In his reply the Accounting officer stated that during the time under review,

proper procedures were not followed but have now been streamlined to

comply with Public Service regulations.

I advised him to always follow the right procedures recommended by public

service when recruiting staff.

(iii) Recruitments without job requirements

Some contract staff employees who did not meet necessary job

requirements were recruited without following proper procedures. The

admissions were made based on admission letters from Education

Institutions. One of the jobs is at the level of a consultant with Joint

Partnership Fund (JPF).

The Accounting officer explained that the JPF under which these people

were recruited has its own recruitment procedures and refers to their staff

as consultants.

I advised the Accounting Officer to regularize these appointments or have

these employees’ services terminated.

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(iv) Improper budgeting for NSSF (employer contribution)

It was noted that the Ministry did not budget for the employers 10%

contributions (212101) under the various projects where contract staff are

employed. Instead the NSSF contribution is charged on the item for

contract staff salaries. I find this irregular.

The Accounting officer promised to have this rectified in the new financial

year.

13.4 Expenditure Outside the Budget During the audit for the year 2006/07 it was noted that some projects with

bank accounts in Bank of Uganda were being operated by the Ministry.

Funding to these projects comes directly from the donors to the project

bank accounts in Bank of Uganda. However, they were not budgeted for

and appropriated by parliament in the financial year under review as

required by the law.

They include,

Project name Donor

Support for carbon finance IDA

New partnership for Africa’s

development fund

Global environment facility (GEF)

through its implementation agency

UNDP

Enabling Uganda phases I and

II

Development Biodiversity

information data bases

climate change UNDP

El-Nino action plan UNDP

Support to Ramsar Cop EU

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In his response the Accounting officer explained that there are some

donors who choose to fund projects directly through their accounts in Bank

of Uganda without going through the national budget.

I explained to him that management should streamline the budgetary

system so that all funds are budgeted for and appropriated by parliament.

13.5 Lack Of Approved Staff Structure The Ministry of Water and Environment was granted its ministerial status in

July 2006 to promote and ensure rational and sustainable utilization,

development, and effective management and safeguard of water and

environment resources. To date the audit shows that although the Ministry

had its structure approved by the Cabinet most of the posts have not been

filled led to forcing the Ministry to engage contract staff in some positions.

The Accounting Officer explained that the process of filling the vacant posts

had been initiated and interviews were to be held soon.

13.6 VAT Exemption on Water Works In January 2007, the ministry sought for clarification from Uganda Revenue

Authority about VAT on water works, to which URA clarified that the

Finance Act 2006 amended schedule II of the VAT Act, cap 349 by

substituting for paragraph 1(aa) with the following; “the supply of

feasibility studies, engineering designs and consultancy services

and civil works related to roads and bridges construction and

water works”.

This meant that for the case of water works the supply of feasibility studies,

engineering design, consultancy services, and civil works related to water

works is an exempt supply and therefore not vatable.

It also implied that VAT paid on all certificates issued before 1stJuly 2006

had to be accounted for. However by the time the clarification was issued

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by Uganda Revenue Authority it was seven months into the financial year

and many water works contracts had been signed earlier and as such the

Ministry had been paying the contractors certificates VAT inclusive. It is

not known how the VAT paid was subsequently recovered.

It was noted that most contractors especially those dealing in water works

who incurred Input VAT on the materials used on the water works such as

pipes, cement etc have responded by requesting the ministry to invoke

clause 45.1 of the water works contracts which requires the project

manager to adjust unit rates for the affected items of the contract.

However, the Ministry has not come out to address the issue of price

adjustments. The effect is that the out put VAT has been eliminated and

the contractors have been made to suffer input VAT as final consumers.

They complain that this has made them to incur losses and may impact on

their ability to execute the agreed contracts.

The Accounting Officer explained that the Ministry has remained vigilant in

ensuring that contractors deliver as per their contract terms until the issue

is addressed.

13.7 Management of the Ministry Canteen The ministry owns a canteen within its headquarters in Luzira which is

being operated privately. I have not been provided with the formal

contract/agreement between the Ministry and the operator of the canteen

and it’s not known whether the ministry receives any revenue from this

canteen.

The Accounting Officer promised to finalise the contractual arrangement

with the operator.

13.8 Payments to Suppliers not on the Pre-qualified lists In the financial year 2006/07 when the new Ministry of Water and

Environment was created, the Ministry continued to use the approved

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suppliers previously pre-qualified by the former Ministry of Water, Lands

and Environment for the period 2005/06 to 2007/08.

However, it was noted that a total of Shs.41,373,105 was paid to various

suppliers which were not on that approved list of the pre-qualified

suppliers. The implication is that the pre-qualified suppliers are denied the

opportunity of providing services even after going through the rigorous

process of pre-qualification. The practice creates a risk of over-invoicing

and procuring substandard goods.

The Accounting officer attributed this to the transitional problems the

ministry faced at inception.

I have emphasised to him the need to have all procurements made from

pre-qualified suppliers. Any departures from this requirement should be

handled in accordance with the regulations.

13.9Procurement Plan and Budget It has been observed that the procurement unit had no procurement plan

for the whole of the last financial year contrary to Sec.31 (f) of the PPDA

Act 2003. This means that procurements were handled in an haphazard

manner.

The Accounting Officer attributed this to inadequate staffing of the

procurement unit. He explained that the procurement unit has since been

reinforced by the appointment of a Principle Procurement Officer.

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13.10Small Town Water Supply and Sanitation Project Funded by GOU and ADF; PROJECT ID NO.P-UG-E00-002 LOAN NO.2100150008849 AND GRANT NO.2100155003571

13.10.1Counterpart Contributions It was noted that although Government of Uganda budgeted to provide

counterpart funds amounting to shs.1,536,000,000 during the financial

year, only shs.1,280,000,000 was released leaving a shortfall of

shs.256,000,000. This affects timely implementation of project activities.

Management explained that this was due to budgetary constraints caused

by the preparations to host the Common Wealth Heads of Government

Meeting (CHOGM) in Kampala in November, 2007.

13.10.2With holding Taxes It was noted that Shs.2,880,000 of whithholding tax was not deducted from

a supplier.

In addition, remittances of Shs.1,231,162 effected to URA were not

supported by receipts to enable confirmation of receipt of funds by URA.

According to section 136 of the Income Tax Act, non-deduction of

withholding tax can attract interest and penalties.

Management explained that the payment for printing of IEC Materials was

made without deducting the statutory 6% with holding tax in error and will

be rectified by deducting funds from the VAT which has not yet been paid.

A letter to the service provider informing them of this process and seeking

their no objection is due to be written.

The remittances to URA that were made but the receipts not collected were

due to an omission and the receipts were to be collected at once.

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Management is advised to adhere to the requirements of the Tax law to

avoid punitive action.

13.10.3General Standards of Accounting and Internal Control (i) Settlement of invoices

It was noted that there were delays in settling the contractor’s

invoices/interim certificates especially the Government of Uganda

portion of the invoices. Accordingly, a total of Shs.2,568,331,735

remained outstanding/unsettled by the end of the financial year

under review.

According to the conditions in the contract, delayed settlement of

contractors’ invoices (beyond 28 days) makes it liable for payment of

Interest to the contractor. This may result into unnecessary costs to

the project.

Management explained that the delay to settle the Government of

Uganda portion of the contractors’ invoices arose out of the lack of

funds to the project from the Government of Uganda within the

budget and that the Ministry was preparing a special request to

Ministry of Finance to provide a supplementary budget to meet the

contractual requirements of the project.

I have advised Management to expedite the process of settling the

invoices to avoid litigation.

(ii) Advances

Advances to project staff totalling to Shs.13,734,000 had not been

accounted for by the time of audit in December 2007.

Delays in accounting for advances can lead to extension of the

Project life leading to extra administrative costs.

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Management explained that the accountabilities had not been filed

by the time of audit but they undergoing authentication to the

satisfaction of the Internal Auditor.

Management has been advised to ensure that accountabilities are

always submitted promptly.

(iii) Procurement

A review of the procurements undertaken by the project revealed

that these were carried out in accordance with the bank

procurement guidelines except for the following:-

(iv) Delayed Completion of contracts:

It was noted that the following contracts had not yet been

completed by the time of audit in November 2007, despite the fact

that their contractual periods had expired:-

Lot 2: Mityana expired on 3/7/07

Lot 2: Mpigi expired on 10/5/07

Lot 2: Kigumba expired on 6/5/07

Delays in completion of contracts can lead to failure by the project to

accomplish all the planned activities within the project duration.

Management explained that the initial contract completion date was

03rd July 2007 but due to substantial delays caused by accessibility

issues on some of the construction sites, an extension was

authorised for the entire contract up to 17th October, 2007.

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(v) Supervision Mission Recommendations

The following AFDB Supervision Mission recommendations of 26th

March-6th April, 2007 had not been implemented by the time of

audit in November 2007:-

• GoU to settle all outstanding balances to the contractors and submit a report on status of GoU contribution including the balance owed by 30/6/07.

• GoU to provide evidence of reimbursement of the

ineligible payments made from the special accounts by 30th June 2007.

• GoU to submit to the bank a follow up report on the

status of implementation of recommendations of the auditor by 15/5/07.

• GoU to complete the works according to respective

contracts by 31st October 2007. • GoU to replace the projects excel based accounting

system with a specialised accounting software package.

There is laxity on the part of Management to implement agreed

recommendations. This practice can lead to punitive action such as

suspension of disbursements by the Bank.

Management is advised to ensure that all recommendations of the

supervising Mission are implemented.

13.11Farm Income Enhancement and Forest Conservation Project; Project ID NO.P-UG-AAC-001; ADF LOAN NO. 2100150008296; ADF Grant NO.2100155003172; and NDF Credit No.441

13.11.1Project Financing According to the financing agreement, the project was supposed to be

funded as follows:-

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Source Amount (UA) Percentage

AfDB loan 31,600,000 62

AfDB grant 9,900,000 19

Nordic Development Fund (NDF) 4,200,000 8

GoU 5,600,000 11

TOTAL 51,200,000 100

However, for the period under review, there was no contribution from the

NDF. In addition, Government of Uganda only provided Ushs.130 million to

the Agricultural Enterprises Development component and none to the other

two components. This can affect timely implementation of project activities

which may lead to Project extension and unnecessary administrative costs.

Management explained that due to limited funds allocated to the Ministry

by Ministry of Finance Planning and Economic Development. The funds

were allocated to the Agricultural Enterprise Development Component in

the Ministry of Agriculture Animal Industry and Fisheries.

For Nordic Development Fund, the conditions necessary before initial

disbursement had been fulfilled.

13.11.2Lack of National Project Coordinator According to the conditions precedent to the first disbursement contained in

Article five of the Financing Agreement it was a requirement that the

National Project Coordinator (NPC) be recruited not later than 6 months

after the first disbursement. However, the position of the NPC has not been

filled. This implies that the vital roles of coordinating the activities of the

two main components of the project, supervising the implementation of

these activities and general administration of the whole project may not be

effectively performed.

Management explained that the post of NPC could not be filled at the time

because some of the candidates interviewed contested the results. The

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concerned candidates referred their cases to both the PPDA and IGG.

Investigations were carried out by the IGG. After review of the PPDA and

IGG reports, the Bank recommended that the post be re-advertised and

the position has now been re-advertised and interviews shall be held soon

after the last date of submission of applications of 7/1/2008.

Management is advised to expedite the process of recruiting a Coordinator

and ensure that the correct procedures are followed.

13.11.3Project Steering Committee: According to Article V of the financing Agreement, the project is supposed

to have a steering committee which involves the Permanent Secretaries of

the following Ministries: Ministry of Water and Environment, Ministry of

Agriculture Animal Industries and Fisheries, Ministry of Finance, Planning

and Economic Development, Ministry of Tourism, Trade and Industry,

Ministry of Local Government, Ministry of Gender, Labour and Social

Development and Office of the Prime Minister, with a member from Uganda

National Farmers Federation. The Project steering Committee met only

once as opposed to the required two meetings per annum. In addition, the

Secretary to the steering committee who is supposed to be the National

Project Coordinator (NPC) has not yet been recruited.

This implies that the project steering committee is not effectively giving

policy guidelines to the project.

Management explained that the Steering Committee was expected to meet

at least twice a year for among other things to approve recruitment and

appointment of key staff, annual work plan and budgets and annual

trainings to ensure that they are consistent with project objectives.

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During the period under audit, the project activities were basically start up

activities and that the Steering Committee shall be more active as project

activities pick up in the next financial year.

Project Management should ensure that all the required meetings are held

regularly.

13.11.4General Standards of Accounting and Internal Control (i) Book Keeping

The following books of account were not being maintained contrary

to the ADB/F book keeping guidelines:-

• Currency register

• Summary register

• Contractors ledger

Management explained that financial management guidelines had

been developed and shall guide the project on proper ADB financial

management system including the establishment of the registers.

It is recommended that the guidelines be implemented without

further delays.

(ii) Budget Management and Control

It was observed that each component of the project prepares work

plans/budgets and spends the funds as a separate entity. However,

there are no vote books maintained to monitor how the budget

allocations have been utilized. This implies that funds may be spent

uncontrollably.

In addition there was no budget variance analysis carried out by the

project to ascertain the extent of deviations from the budget as well

as providing explanations for each major deviation.

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Management explained that this was due to absence of proper

financial guidelines at the time and that since then each of the

components had established a vote book following the project

financial management guidelines.

This will be verified in the subsequent audit.

(iii) Accounting and Operations Manual

The Project does not have an accounting and operations manual.

This implies that the various components have no uniform guidelines

to refer to in their day to day operations and book keeping.

Management explained that this was a result of delayed recruitment

process of the technical staff of the NPCU mandated to produce the

guidelines, a process which was finalized only after 30/6/06. The

accounting manual will be finalized in January 2008.

(iv) Supervision Mission Recommendations

The following recommendations made during the supervision mission

held between 16th–24th September 2007 have not yet been

implemented by management:-

• National Project Coordinator be appointed expeditiously to reduce

the impact of lack of the NPC on implementation achievements.

• Production of District Accounting guidelines be finalized and put

into use by December 2007.

• A process of acquisition, installation and training for accounting

software be concluded as soon as possible to enable the

operationalisation before 1st December, 2007.

• Insurance to all project vehicles that had been procured be

expedited.

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• Recruitment of a Watershed Management Advisor be made and

completed by 15th November, 2007.

Management explained that they have made some progress in

implementation of some of the recommendations.

Management is advised to ensure that all recommendations of the

supervising Mission are implemented promptly.

13.11.5Forestry Component (i) Fuel Deposits

It was noted that shs.12,000,000 was deposited in Standard

Chartered Bank for Forestry coordinating Unit to facilitate execution

of component activities. The fuel was allocated in the ratio 4:3:3:2

for Project Coordinator, Project Manager-Water-shade, Training and

participating officer and Project Manager-Tree planting.

However, during that time there were no project motor vehicles for

which the fuel would be used. Further more, no motor vehicle log

sheets were availed for audit, thus the activity/ purpose of

movement was rendered difficult to establish.

I was not able to establish whether funds were used for the intended

purpose.

(ii) Repair of Motor Vehicles

A sum of Shs.6,285,383 was spent on the repair of the following

Motor vehicles: UG 1293 S, UG 1443 S, UG 1248 S and UG1442 S.

However, these vehicles are not the property of FIEFOC Project.

Management explained that in the initial stages of the project start

up phase, there were no project vehicles whereas preparatory work

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had to be done .The officers designated to the project were using

vehicles from the Forestry Inspection Division for project supervisory

and preparation work pending the procurement of the project

vehicles. Such vehicles had to be fuelled and maintained.

(iii) Fixed assets management

• Although the forest Component opened a fixed asset register, it

was noted that the register was not kept up to date. For instance

vehicles UG 1480 S and UG 1481S Pajero were not recorded in

the assets register. It was further noted that the same furniture

procured by the component had not been engraved at the time

of audit.

It was also noted that in the agriculture component all assets

procured (9 vehicles and assorted office furniture and equipment)

had neither been recorded in the register nor engraved. The fixed

asset registers for Agricultural enterprise development and NPCU

were not availed for audit.

In the absence of a complete fixed asset register, it becomes difficult

to verify the existence and monitoring of project assets.

Management explained that the furniture was not yet engraved at

the time of the audit because the procurement process for securing

a firm to engrave the assets was still underway. The vehicles have

now been entered in the asset register and furniture will be

engraved.

13.12Joint Partnership Fund

13.12.1Government of Uganda Counterpart Contribution It was noted that Government of Uganda has not fulfilled its obligation to

contribute towards the project by way of Tax refunding. As at the year end,

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there was a high cumulative outstanding VAT amount of Ug.Shs.2.3 billion.

This implies that the programme may not obtain value for money on the

VAT tied up on the various expenditures incurred.

The accounting officer has indicated that the matter has been raised with

the Ministry of Finance, Planning and Economic Development.

13.13Water and Sanitation Development Sanitation Development Facility – South Western Branch (ADA:1709-00/2005, EU:236A & GOU:0160)

(i) Operations Manual

It was noted that the program does not have an operations manual. In the

absence of an operations manual, program staff and other implementing

agencies (e.g. the districts) have no guidance to follow while executing

their duties.

This was caused by the delay in procurement of the consultancy that is

supposed to prepare the manual. He promised that the Operational Manual

for the Project will be available within the next three months.

(ii) Status of Program Implementation

There were delays in release of funds from the Joint Partnership Fund (JPF)

account. Funds for the first quarter (July-September 2006) were received at

the end of September 2006 whereas funds for the second quarter

(October-December 2006) were received in January 2007.

This implies that the activities are not implemented on schedule and

according to work-plan. This can lead to extending the Project life and

extra administrative costs.

Management attributed the delay to the Project Management Committee

(PMC) which has to first approve the Work plans and reports before funds

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can be transferred to the project account. It was explained that for the

particular quarter, the PMC did not sit on schedule and that the problem

had been acknowledged by the Ministry and modalities were being planned

to minimize the delays.

14.0 EDUCATION AND SPORTS

14.1 Extra Budgetary Financing

Under the provisions of the constitution, all expenditure must be approved

in the Appropriation Act. However, examination of project records revealed

that some programmes were being run outside the approved budget for the

ministry. These include the following:

Project 30thJune account

balance (Shs) SESEMAT project 968,520,880 Development of Human resources project 848,530,733 Uganda and Norwegian schools cooperation 671,565 IDA energy for rural transformation A/C 213.213032.1 213.213029.1

94,907,526 3,362,219

Common wealth association of learning. 3,754,149 Sports development fund

There is a risk that duplicate activities may be undertaken. The Accounting Officer has explained that no duplicate activities are

undertaken and that all activities undertaken through this mode of

financing are not reflected under the work plans for the main stream

estimates of the Ministry.

The Accounting Officer should further streamline the operations of the

Projects to ensure that all projects under the Ministry are budgeted for,

appropriated by Parliament and disclosed in the Financial Statements.

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14.2 Tax Expenditure Not Budgeted for The Ministry incurred taxes amounting to shs.2,223,959,178 during the

year. The amount was paid to URA by Treasury on behalf of the Ministry

through gross tax settlement system. The Ministry has recognised this as

expenditure in the Statement of financial performance. However, this Tax

expenditure had not been budgeted for by the Ministry and is therefore

extra budgetary. It is not clear why Treasury deviated from the existing

procedures relating to settlement of taxes under the Gross Tax Payment

System.

14.3 Undisclosed Cash Balances The Ministry has projects which operate outside the Integrated Financial

management System (IFMS). At the end of the financial year, the project

balances totalling Shs.9,911,668,898 were not consolidated in the Ministry

accounts nor was there any disclosure to that effect.

In his written reply the Accounting Officer stated that he is waiting for

further guidelines from the Accountant General on the issue. I await final

proper consolidation of Project activities in Ministry statements.

14.4 Interest on Unpaid Tax

During the year under review, Shs.33,967,506 was paid to a clearing firm in

two instalments in respect of interest on un paid tax on goods donated to

schools under the humanitarian Assistance Programme. The interest was

arrived at after a legal mediation by the Solicitor general and subsequently,

a consent judgment was drafted.

However, the company is not a withholding agent and therefore it was

irregular for the Ministry to pay interest on unpaid tax directly to the

company. Instead the amount should have been remitted to URA. At the

time of audit, there was no evidence that the interest was later remitted to

URA as required.

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The inability by the Ministry to meet its obligation of paying the tax well

aware of the repercussions led to the nugatory expenditure.

In his reply the accounting officer explained that this was a court ruling to

which he had to comply.

14.5 Easy learning cards project

A total of 35,000 easy learning cards under the easy learning Project were

purchased in July 2005 at a cost of USD 175,000 and handed to a

consultant. Over the period, 7024 cards were sold and Shs.63,216,000 was

raised from the sales at a unit cost of Shs.9,000. I was not provided with

accountability for the monies collected.

(i) Unutilized card balances:

27,976 cards costing USD 139,880 and expected to realise Shs.335,712,000

were still in stock at the time of audit. In the event that no call center is

opened and therefore operational, there is a possibility of loss on the side

of government.

(ii) Project Management

It appears that there is lack of interest in the entire project because out of

an expected budget out turn of USD 3,200,000 only USD 175,000 has been

released. This represents a percentage of only 5.5% of money released for

the Project.

I recommended that a review of the entire project should be made with a

view of addressing all the issues identified. The monies so far collected

from the sales by the consultant should be accounted for.

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14.6 Non-Remittance of WHT

Section 120 (1) of the Income Tax Act requires the Ministry to withhold tax

on any payment exceeding Shs.1,000,000. Accordingly, the Ministry with

held Shs.70,687,942 from payments made to its suppliers and contractors.

The payments were made through opening letters of credit with various

commercial banks.

However, the withheld amount was not remitted to URA within 15 days

after end of month as required under Section 124 (1) of the Income Tax

Act.

The inability to remit the funds denies Government access to these funds to

finance other important activities.

During discussions, the accounting officer produced documentation

instructing Bank of Uganda to remit the monies to URA. However, at the

time of the report there was no evidence that the remittance was actually

done.

14.7 Inspections on Educational Institutions

During the period under review inspections of a sample of education

institutions was carried out and the findings are indicated below:-

(i) Staffing

It was noted that a number of the institutions inspected had inadequate

number of staff and some of the staff did not have their appointment

regularised. This was noted especially in the transferred institutions.

In his reply, the accounting officer explained that the ministry had made

submissions for recruitment of staff of Health training institutions to the

Education Service Commission totalling 267.

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I await for the response from the Education Service Commission.

(ii) Non deduction of WHT

Contrary to the tax regulations, a number of institutions were not deducting

with holding tax. Non compliance with tax requirements denies Government

revenue to implement important activities.

Details are as below.

Institution Gross total amount

WHT lost

1 Mulago school of Nursing and Midwifery

729,282,050 43,756,923

2 Butabika School of Psychiatric Nursing

21,013,700 1,260,822

3 Bishop Willis Core PTC Iganga 43,544,160 2,612,6504 Paidha PTC 33,590,600 2,015,4365 Arua Core PTC 76,928,800 4,615,7286 St.John Bosco lodonga 62,723,650 3,763,4197 Jinja School of Nursing and

Midwifery 202,790,530 12,167,432

I recommend that the provisions of the tax law be complied with. (a) Mulago School of Comprehensive Nursing and Midwifery (i) Staffing

It was noted that 27 teaching staff who had been appointed by MOH , did

not have their appointment regularized by MOES by time of audit .Six non

teaching staff including the school bursar had no appointment letters from

MOES. This is potentially dangerous and risky especially for the bursar who

is entrusted with a lot of government funds.

In his reply the accounting officer agreed with the observation and stated

that the issue was being handled by the relevant department.

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(ii) Procurements: Shs.729,282,050

During the period under review, the school procured supplies worth

Shs.729,282,050 from various suppliers. However, it was noted that the

supplies were not procured through competitive bidding as no award letters

or contracts were provided for audit review. As such, I could not confirm

whether, there was value for money achieved in these transactions.

(b) Butabika School of Psychiatric Nursing

The school was founded 40 years ago with the mandate to train competent

mental health professionals for Uganda and the great lakes region.

(i) Accommodation

Where as the school is housed in new buildings, accommodation is still

inadequate which has resulted into sharing of class rooms with another

independent institution on the same compound. The school also lacks

adequate accommodation for its staff.

(ii) Lack of a sick bay

Despite the fact that the school is for boarding only, there is no sick bay to

offer first aid to students. This puts student lives at risk in case of

emergencies.

(iii) Book keeping

The books of account were not up-to-date. The cash analysis book was

opened in December 2006. All transactions for the period July 2006 to

November 2006 were not recorded any where.

(iv) Stores records

The stores records were not up to date therefore I could not perform, a

stock check.

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(v) Chaining of payments

As a requirement, all payments exceeding one million should be subjected

to with holding tax. However, it was noted that the school breaks down

payments to amounts below the threshhold for WHT purposely to avoid the

requirement. For instance, shs.6,213,000 was paid to M/s Masha General

merchandise ltd for supply of food stuffs using seven cheques all issued on

28th February 2007.Also, Shs.3,962,500 was paid to the same firm on 18th

December 2006 using four cheques. This practice denies government funds

to implement important activities and also leads to wastage of cash

stationery.

In his reply, the accounting officer explained that he had instructed the

Principal to ask the firm to process and have WHT deducted. At the time of

the report, there was no evidence that this had been done.

(c) Jinja PTC

The school has a total student enrolment of 319 who are all government

sponsored with a staff strength of 27 ( 13 tutors ,3 non teaching and 7

support staff).

The school lacks transport as the school lorry (UCD 876) has been

grounded for over 2 years.

(i) Accommodation

The College is housed in dilapidated buildings shared with a primary

school. There is no dinning room for the students and food is taken

while standing. The bursar’s office is extremely dirty, dusty and

besides water percolates through the ceiling hence soiling

accounting documents. Given the government regulations which

require that documents be kept for a specific period, it is unlikely

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that the manner in which the records are kept will permit future

reference if need arises.

(ii) Book keeping

Stores records availed for review were not up to date .The stores

book for receipts and issues of beans was found to have been last

up dated on 2/05/05.

(iii) Compliance with PPDA requirements

The college had no pre-qualified suppliers and all purchases were

being made by a one M/s Takoba Rose the college caterer on a cash

basis. Given that this person is also responsible for maintaining the

stores records with almost no supervision, the stores records cannot

be relied upon and cases of abuse and mismanagement of resources

cannot be ruled out.

I recommended that duties regarding maintenance and purchases of

records be segregated. Cash purchases should be restricted to

emergencies. The college administration should also ensure total

compliance with the procurement regulations.

(d) Bishop Willis Core PTC- Iganga

The school started as a theological college in the early 1920s by COU.

Through a series of up grading, the school is one of the original core 23

PTCs in the country located 800 meters off the Jinja –Tororo high way. The

following was observed from the audit inspection carried out at the school.

(i) Farm

The college runs a farm which was opened with assistance from ADB.

However, there is no farm manager to manage the activities of the farm.

Given the already staffing problems at the school, it is important that a

manager is recruited as soon as possible.

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In his written response the accounting officer explained that he had

instructed the Principal to identify and hire a person with relevant

qualifications to temporarily manage the farm as he awaits for ESC to

recruit.

(ii) Sick bay

The school has no substantive nurse at the school which has led

management to locally recruit against normal procedures. Where as, the

school has 14 blind students, there is lack of a tutor in Braille.

The Accounting Officer explained that the regularization/validation and

recruitment of non teaching and support staff exercise done in 2003 did not

give the department all the required staff while some personnel presented

failed the interviews. He further indicated that this would be taken seriously

to ensure proper recruitment.

(iii) Laboratory block

There is no laboratory technician at the school but a laboratory tutor

currently carries out the responsibility for the lab. Also, there was no record

of items issued to the College by the Ministry.

(e) National meteorological training school

The school was started in 1990 under the department of meteorology in

the then Ministry of natural resources to train medium meteorologist. It was

transferred to MOES in 1998 with current entrants of 43 students.

The inspection revealed the following:

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(i) Staffing

The school has an acute staffing problem with no substantively appointed

lecturers. Reliance is attached to part time lecturers who come in and go at

will.

(ii) Accommodation

There is inadequate accommodation for both students and the staff.

Students are housed in a dilapidated and bat infested structures which

require urgent renovations.

There is no laboratory for the science equipment, no kitchen nor a student

hostel.

(iii) Transport

The school has no means of transport with only a now grounded Daewoo

car registration number UG 0061S inherited from the then Ministry of

natural resources.

(iv) Book keeping

The cash book presented for audit was very untidy with a lot of white

wash. The cash book was not maintained professionally.

(v) Funds not accounted for; Shs.118,485,702.

The school received shs.118,485,702 from Ministry of Education and Sports

in respect of capitation grants and other activities. However, accountability

documents were not provided for audit review. The details of the

expenditure are shown below:-

Cheque Date Purpose

Amount

984088 9.8.06 Capitation grant July to Sept.

6,176,250

533333 15.11.06 Capitation grant Oct _ Dec

6,176,250

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60207 5.12.06 Training equipments, instruments, furniture and fencing

48,755,000

68100 8.2.07 Capitation grant Jan to March

6,176,250

143955 30.5.07 Capitation grant April to June

6,176,250

150913 21.6.07 Payment for exams and monitoring

5,025,702

990915 25.8.07 Assorted renovations

40,000,000

TOTAL 118,485,702

I recommend that the Ministry reviews the staffing, accommodation and

transport issues identified above. The PTC should also provide

accountability for the unaccounted for funds.

(f) Nakawa VTI

The school started in 1971 with assistance from government of Japan with

the objective of retraining workers from various industries. The school gets

assistance from JICA. It has a current student enrollment of 560 of which

only 60 are GOU sponsored. The audit inspection exercise revealed the

following:

(i) Staffing

The school is inadequately staffed with only 25 out of the approved staff

structure of 46 positions filled.

(ii) Staff advances: Shs.7,000,000

Shs.7,000,000 advanced to staff remained un accounted for at the time of

audit. Further more, contrary to financial regulations, no advance ledger

was being maintained at the institute. In absence of an advance ledger, it

becomes difficult to monitor the movement of advances.

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(iii) Missing vouchers

Payment vouchers totalling to Shs.61,251,100 were missing and therefore

not availed for audit examination. I was not provided with the explanation

for the missing documents.

(iv) Un accounted for funds

A total of Shs.93,289,000 paid from two cheques (990946 Shs.43,089,000

dated 25.8.06 for assorted renovations and 060714 of Shs.50,200,000

dated 12.12.06 for training) remained un accounted for at the time of

audit. Delays in accounting for funds may lead to falsification of documents.

The Ministry is advised to review the staffing problem in the Ministry. In

addition the Institute should provide supporting documentation related to

unaccounted for funds.

(g) Paidha PTC

Paidha PTC was established in 1982 as a Government founded grade 11

Teacher training college. In 1985 it was upgraded to a grade 11 TTC. It is

located at Alisi Village in Paidha Town Council on 80.9 hectares piece of

land.

It has a current student enrollment of 360 government sponsored students.

(i) Physical Structures of the School

• Boys dormitories consist of mud and wattle structures • Teacher’s houses are grass thatched mud and wattle structure

• A grass thatched mad wattle structure serves as the kitchen, there is no

dining hall, and students are served food in the open.

• There is only one 4 – classroom block accommodating all the 360

students.

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• A multipurpose hall that collapsed in 2006 has not been replaced to

date. Instead a temporary structure with reeds and tarpaulin roof has

been erected as a replacement.

• The staffroom consists of a make-shift wooden structure.

• Administration block is in a very dilapidated state.

• A library block constructed by GQ Investments at a total cost of Shs.

152,716,684= and handed over on 29.6.2007 has its floors cracking by

the time of the inspection.

• The girl’s dormitory though in a better state, lacked beds and as such

girls sleep on the floor.

• The college lacks electricity for lighting.

• It was also noted that people who were compensated in October, 2001

have re-encroached on the college land.

In addition, I was not availed a copy of the land title, as such I could not

establish the ownership status of the land.

(b) Book-Keeping (i) Stores

It was noted that record keeping in stores was very poor. There were no

stock-cards and stores ledgers availed for audit. Receipts into and issues

from stores were not recorded anywhere. Science equipment and chemicals

received from the Ministry on 10.2.2007 had not been recorded in stores

ledgers by the time of inspection. As such I could not confirm whether the

quantities issued to the college were actually received and put to good use.

The store appeared disorganized with items scattered all over. The person

working as store-keeper was a grade 5 teacher without any store-keeping

background or training.

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(ii) Books of Account

Similarly, it was also noted that the book keeping in accounts was poor.

Monthly bank reconciliations were not being done. For example from the

month of September 2006 up to the end of the financial year i.e. 30.6.2007

no bank reconciliation had been done contrary to S.345 of the Treasury

Accounting Instructions 2003.Receipts and payments for the months of May

and June 2007 had not been posted in the cashbook at the time of audit.

Paid vouchers were not cancelled with ‘PAID’ stamp.

(iv) Procurement – Shs.33,590,60

It was also noted that during the period under review, the college paid out

a total of Shs.33,590,600 in cash to different suppliers for different items

procured by the college contrary to financial regulations. There is a risk

that Value for Money may not have been achieved.

I recommend that the Ministry should review the state of facilities in the

College and come up with an Action Plan to address the issues. The

College is advised to ensure that record keeping at the stores and books of

account is done in accordance with the TAI. The College is further advised

to adhere to the provisions of the Income Tax Act and PPDA.

(h) Arua Core PTC

Arua Core PT started as a school for training clergymen by the Inland

Mission for Africa under the Anglican Church missionaries in 1946.

Between 1946 and 1960 it changed to training vernacular teachers. In

1962 it was elevated to a grade 11 teaching training college and again to a

grade 111 TTC in 1986 and in 1997, it became a Core PTC. It has a current

enrollment of 450 students. An audit inspection carried out on 3.7.2007

revealed the following:-

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(a) Facilities in the College

• The college suffers from persistent power failure due to old

underground cables that cause short circuits once it rains.

• The science laboratory block lacks basic facilities for a science

laboratory.

• The kitchen is in such a dilapidated state that it may collapse anytime.

(b) Book-keeping (i) Stores

It was noted that the record keeping in stores was inadequate.

Items were not entered in the stores ledgers. For example, the

following items valued at Shs.7,097,600 procured on various dates

were not entered in the stores ledgers.

Date of delivery

Item Quantity Unit price Amount

4.12.06 Posho 1062 kgs 800 849,600=-do- Cassava

flour 1061 kgs 500 531,000=

-do- Rice 672 kgs 1500 1,008,000=-do- Sugar 320 kgs 1800 576,000=-do- Cooking oil 40 ltrs 2250 90,000=16.1.07 Tyres 4 pcs 270,000 1,080,000=16.4.07 Cassava

flour 300 kgs 450 135,000=

-do- Salt 2 bags 9000 18,000=-do- Cooking oil 20 ltres 2,250 45,000=-do- Onions 1 basin 15,000 15,000=20.3.07 Rice 500 kgs 1600 800,000=-do- Fish enkejje 1 sack 120,000 120,000=20.2.07 Rice 500 kgs 1500 750,000=28.9.06 Tyres 4 pcs 270,000 1,080,000= 7,097,600=

In absence of proper store ledgers, it becomes difficult to monitor

movement of items procured and also exposes the stores to misuse.

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(iii) Wasteful Expenditure – Shs.14,535,000

A sum of Shs.14,535,000= was paid to an individual for emptying of

College pit latrine between August 2006 and March 2007.

I consider this expenditure wasteful due to the amounts involved in

this activity and also reflects poor planning on the part of

management as this amount could instead have been used for

construction of a new pit latrine(s). Whereas the emptying could

have been allowed on an emergency basis, the continued exercise

cannot be justified because it weakens the physical structure of the

latrine and ultimately putting student lives at risk.

(iv) Uniform/ICT Account

The College operates a uniform/ICT Account No. 0140091548001

with Stanbic Bank Arua Branch into which proceeds from sale of

uniforms to students and ICT charges paid by students are

deposited. A copy of the bank statement availed for audit revealed

that the account had a credit balance of Shs.44,980,273 as at

31.5.2007.

I could not ascertain the operations of this account as no cashbook

and payment vouchers were available for audit.

I recommend that the Ministry reviews the state of facilities in the

College and come up with an Action Plan to address the issues. The

PTC Management should improve on its store-keeping and also avail

this Office with supporting documents for the uniform/ICT account.

(i) St. John Bosco Lodonga

St. John Bosco Core PTC started in 1945 as a grade 1 Teacher Training

College for boys by the Roman Catholic Fathers. Admission of girls started

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in 1990. It was up graded to a Core PTC in 2001. It has a current

enrolment of 451 students. An audit inspection carried out at the college

on 5.7.2007 revealed the following observations:-

(a) College Facilities

• Staff houses are in dilapidated state and need serious

renovations.

• There is no electricity as such a lot of money is spent on the old

generator that is used for lighting the college.

• 12 solar panels with 9 batteries installed by Roko to help alleviate

this problem cannot serve the entire college. It only services the

computer laboratory for 1 – 2 hours. Besides one of the inverters

that blew on 6.2.2006 had not been replaced by the time of

audit despite the fact that Roko was notified about this.

• The college truck is in a dangerous mechanical condition and

breaks down quite often.

• A firewood kitchen that is under construction by Zebra Associates

is too small for the purpose and appears badly designed.

(b) Book-keeping (i) Stores

It was noted that record keeping at the College store was poor.

There was no store ledger presented for audit inspection in the

science laboratory. As such science equipment and chemicals

dispatched on 8.2.2006 from Ministry stores could not be traced in

the college records. I could therefore not confirm receipt of these

items and how they were being used.

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Similarly, in the general stores, record keeping was not in any way

better. Ledgers were not well maintained. A sample of items worth

Shs.8,902,483 procured on different dates could not be traced to the

stores ledgers therefore casting doubt as to whether they were

actually procured and received into the store for the benefit of the

college community as a whole.

(ii) Cash purchases

A total of Shs.62,723,650 was paid out in cash to various suppliers

and service providers during the year contrary to Treasury

Accounting Instructions.

It was further noted that these suppliers and service providers were

not selected through competitive bidding contrary to PPDA

Regulations.

(iii) College Truck – Shs. 31,000,000

The college procured an old truck a Mitsubishi canter 1991 model,

registration number UAH 226R at a cost of Shs.31,000,000 on 2

October 2006 from an individual. This procurement was conducted

contrary to the PPDA guidelines. I could not therefore ascertain

whether value-for-money had been obtained. This purchase is also a

violation of government policy of not procuring old motor vehicles.

In the absence of express authority for this transaction, the

expenditure be disallowed as a charge on the consolidated fund.

Besides, I could not identify the source of funding for this capital

expenditure as the college only receives grant for recurrent

expenditure from the Ministry.

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(iv) Funds Not Accounted For Shs.22,101,500

A sum of Shs.22,101,500 paid out for various activities had not been

accounted for by the time of writing this report. This is irregular and

the funds should be accounted for else recovery measures be taken.

(v) Missing vouchers: Shs.21,432,000

Payment voucher involving expenditure totalling Shs.21,432,000

were found missing. This could be a result of poor record keeping or

an attempt to hide audit evidence. The records should be availed for

audit review. Details as under:

I recommend that the Ministry reviews the state of facilities in the

College with a view of coming up with an action plan to address

them. The College should desist from making a lot of cash

purchases and ensure that funds not accounted for are accounted

for and documentation provided to this office.

(j) Arua Technical Institute- Ragem

Arua Technical Institute started as Uganda Technical Institute – Ombaci in

1985. In 1987 was closed by the Government. After an appeal by the

Community, it was reopened in 1990 with assistance from British American

Tobacco BAT (U) Ltd.

It has a current enrolment of 220 students. An inspection carried out at

the Institute on 6.7.2007 revealed that:-

There is lack of a girl’s dormitory which has adversely affected enrolment

as there are only 20 girls enrolled at the Institute. There is also acute

staffing problem. Out of the 15 teaching staff at the Institute only 8 are

formally appointed and are on payroll while the rest have never been

appointed.

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However, it was noted that the Bursar had kept proper books, keeping

accounting records up to date and well organized.

(k) Canon Lawrence PTC

The PTC hired an audit firm Ms ABOMAL to conduct an audit. An

examination revealed that Shs.1,400,000 had so far been paid to the firm in

respect of audit fees and audit expenses. This is contrary to section 91 of

the Universities and other tertiary institutions Act which mandates the OAG

to conduct the audit or to appoint the auditor. It was also noted that the

format of accounts is not in accordance with the TAIs.

It is recommended that the monies paid out to the audit firm be disallowed

as a charge on the consolidated account. The accounting staff need to be

sensitized on the format of the GOU accounts.

14.8 Support to the Education Strategic Investment Plan (ADB Education II Project), ADF Loan No.F/UGA/PL/1AZ/2001/4 and Grant No. F/UGA/GA/1AZ/2001/4

14.8.1Unaccounted for Funds The following districts had outstanding balances unaccounted for at the

time of audit in December as shown below:-

District Amount (Shs.) Apac 17,692,061Kanungu 6,614,442Kiboga 36,798,663Kitgum 22,405,748Masaka 5,737,578Moroto 1,787,273Nakapiripirit 2,116,523Palliisa 2,913,186Tororo 24,959,229Wakiso 10,611,419Total 131,636,122

Delays in accounting for funds may lead to falsification of documents.

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Management explained that according to School Facilities Guidelines for

construction of Primary School Building Program component of the Project,

contracts awarded under this component should provide for a defects

liability period of six (6No.) months before final retention is paid for. The

above funds were retention funds not paid to the contractors due to this

clause stated in the contracts. Therefore by the time of carrying of this

audit the defects liability period had not expired resulting into these funds

being not accounted for by the stated Districts.

Management should make a follow-up of the accountability.

14.8.2Supervision Mission Recommendations According to the ADB supervision mission of 11-25 June 07, the following

recommendations were to be implemented by Management:-

Recommendation To be implemented by

1 Defective equipment supplied to STEPU and the undelivered equipment (i.e. 2 circular saws and 1 power hacksaw) to be replaced by the supplier

31st July 2007

2 Proposal for using the grant balance of uncommitted funds

31st July 07

3 Adequate accounting for funds advanced to districts and include detailed usage of the ADF resources advanced to the SFG component in 2006/7 audit report

September 2007

4 Liquidated damages to be deducted from supplier of Lab Equipment and chemicals supply out of the retention of USD.117,442.10.

September 2007

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It was noted that the above recommendations were not addressed. This

can imply that management does not take seriously supervision mission

recommendations.

15.0 HEALTH

15.1 Nugatory expenditure

A construction company was paid a total of Shs.3, 822,558,930 during the

year in settlement of outstanding bills of Shs.5,823,231,755. Included in

the payment was a total of Shs.2,160,390,970 and US $798,232 in respect

of interest charged on delayed settlement of outstanding certificates that

were not paid for a long time. This interest component is considered as

nugatory expenditure as it could have been avoided if the outstanding

certificates had been paid in time.

It was also noted that these particular arrears were not disclosed in the

previous years’ financial statements. Work certificates authenticating the

amount were also not presented for audit.

The Accounting Officer promised to avail the supporting documentation.

15.2 Cash and Cash Equivalent

Under note 20 to the financial statements, the cash and cash equivalents

balance is reported as Shs.2,992,929,702. This is composed of balances on

revenue accounts of Shs.12,554,403; expenditure account

Shs.2,892,939,433; and other accounts Shs.87,435,866. The bank

reconciliation prepared in support of the balance on expenditure accounts

still shows stale cheques to the tune of Shs.338,335,991 for financial years

2003/04, 2004/05 and 2005/06. It is not known why they have remained

unpresented for such a long time. The Reconciliation also has unexplained

debits of Shs.198,492,370in the cash book for 2004/05 which have not yet

been investigated.

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I have advised management to investigate all outstanding items in the

reconciliation.

15.3 Un-appropriated Funding

The Ministry implements a number of projects which are not reflected in its

budget.

A sample of such projects is here below;

Project Name USD($) UGX(SHS) Account No Status

1. National TB & Leprosy Program

936.00 214.214026.1 Outside Budget

2.” 2,181,525 214.214027.1 “

3. Medicinal Plants & Biodiversity

33,883 214.214033.1 “

4. Network in medicinal plants & Traditional medicines

36,789.97 214.214059.1 “

5. “ 204,060 214.214060.1

5. Uganda Virus research projects

2,572.11 214.214063.1 “

6. “ 9,576,237 214.214064.1 “

7. Medical Plants & Bio diversity

113.38 214.214032.1 “

8. MPAMBA-NKUSI 1,879,841 214.214029.1 “

9. TB Resaerch program fund 20,592,500 214.214051.1 “

10. MOH/ CDC-HIV-AIDS 106,878.00 214.214044.1 “

11. “ 9,843,274 214.214048.1 “

12. Highland Malaria project 37,124.00 214.214045.1 “

Policies and Procedures for sourcing for donor funded projects in the

ministry are not documented.

Projects that operate outside the Ministry budget lead to extra budgetary

expenditure which is considered irregular. They create a risk of duplication

in funding of similar activities and projects running for several years without

being subjected to proper monitoring.

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The Accounting Officer explained that the Ministry was in the process of

streamlining the operations of projects in the Ministry and in the process all

the projects will be captured in the budget and reported in the financial

statements.

15.4 Outstanding Advances Regulations require that all advances be accounted for by the end of the

financial year to which they relate. Contrary to these regulations, the

Ministry did not account for administrative advances to staff totaling to

Shs.774,027,753.

The Accounting Officer explained that advances are accounted for at

different times and the figure is adjusted accordingly and that all measures

have been put in place to retire all accountabilities for advances in time.

I await results of the mentioned measures

15.5 Borrowings Management borrowed a total of Shs.1.8bn from DISP Project, in order to

open the Letter of Credit in favour of a company that was contracted to

equip health centres under the ORET project. At the year end, the amount

had not yet been refunded by the Ministry.

Project borrowings should be discouraged as they impede timely

implementation of project activities.

The Accounting Officer attributed it to inadequate funding.

15.6 Diversions of funds Examination of accounts for the ministry for the period under review

revealed diversion of funds totalling Shs.410,605,015 to cater for travel

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abroad. Most of the funds were diverted without authority from other

items especially item 224001-Medical Supplies (Drugs). Whereas the

Ministry’s budgeted amount for travel abroad was Shs.175,883,000,

sampled payments in respect of travel abroad amounted to

Shs.410,605,015.

Furthermore, some payments lacked Prime Minister’s Office clearance and

were not supported with used air ticket coupons as evidence of travel.

The Accounting Officer is advised to strengthen control over expenditure on

travel abroad. Where additional funding is required reallocations or

Virements should be sought in accordance with the financial regulations.

15.7 Outstanding Invoices for 3rd Party Procurements and Distribution

National Medical Stores invoiced the Ministry a total of 159,767,195 as

distribution charges for donated drugs for Reproductive Health. In the

absence of all the supporting documentation, I was not able to confirm that

the bill was a proper charge to the Ministry.

It was also noted that the Ministry of Health is not aware of the funders of

these drugs or the stocks in stores at the National Medical Stores. The

donors deliver the drugs directly to National Medical Stores without liaising

with the Ministry. There appears to be no proper coordination of the drug

programme between the Ministry and National Medical Stores.

Besides, there are no policy guidelines that govern drug donations. Such

guidelines would specify the type, quantity and shelf life of drugs

acceptable to the Health Sector. Unplanned donations sometimes lead to

large donations which may not be easily absorbed. This can lead to expiry

of drugs.

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I have advised the Ministry to put in place proper control systems that allow

proper tracking and monitoring of all 3rd party procurements and

distribution. There is also need for policy guidelines for drug donations to

regulate and restrict entry of certain drugs that may be considered harmful.

The Accounting Officer explained that the Ministry has developed a three

year rolling procurement plan for essential medicines and health supplies

under which 3rd party procurements will be streamlined.

15.8 Rehabilitation of Entebbe Laboratory

Payment of Shs.50,102,000 was made to Bank of Uganda on 30th June,

2007 for rehabilitation of the measles laboratory at the Uganda Virus

Research Institute (UVRI) institute in Entebbe. However the request made

by the Director, UVRI revealed there were no works being carried out at

the institute at the time. There were no bills of quantities and even the

bidding process had also not yet been carried out.

The Accounting Officer explained that due to the dire need to rehabilitate

the Measles Laboratory at UVRI, the money was transferred to a project

account in Bank of Uganda before the year end pending the completion of

the ongoing procurement of works. I have explained to her that the funds

should have been remitted back to the Uganda Consolidated Fund and the

activity budgeted for again in the new financial year. The Accounting

Officer has also been requested for an update on the progress of work.

15.9 Security For Inventories Regulations on public stores require secure facilities to be provided for the

safe custody of inventories and valuables in all Government premises in

which such inventories are received and retained either temporarily or

permanently.

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However, the Ministry has several storage facilities which are not

functional. Inventories received are not retained either temporarily or

permanently in these facilities. They are distributed immediately or

delivered directly to the recipients who do not reside in the Ministry of

Health Headquarters. The available space referred to as a store has only

banners for health promotion. The stores ledger presented for audit was

found to be incomplete. It does not provide sufficient details on receipts

and issues to allow proper verification. Furthermore it does not comply with

the stores ledger folio as described in the TAI. Inadequate accounting

procedures for inventories expose the Ministry to the risk of theft and loss

of inventory.

The Accounting Officer attributed the lapse in stores management to lack of

a qualified Store Keeper. She explained that although the two approved

posts of Senior Stores Assistant and Stores Assistant have been declared to

the Health Service Commission, they are yet to be filled.

15.10 Irregular Employment of Staff

Article 172 of the constitution of the Republic of Uganda requires that

Persons holding or acting in any Office in the Public Office of Uganda

should have been appointed by the appropriate authority.

It was noted that there were an estimated two hundred people employed

at the Ministry Headquarters whose status of employment in the Ministry

was not clear. A list of these people shows their status as either ‘personnel

on contract, temporary appointment, no status of appointment at all or

volunteers. During the year a total of shs 448,753,866 was paid to several

of them as allowances. Although the number of such people is reported to

have been reduced to ninety, their existence in the first place shows

weaknesses in the Ministry’s human resource recruitment procedures.

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The Accounting Officer attributed the recruitment/engagement of such

personnel to staffing gaps in the Ministry. She explained that the Ministry

was in the process of having a new structure to address the existing

staffing gaps. In the time being the Ministry is to seek authority from

Ministry of Public Service to allow them retain the volunteers. This was yet

to be done by the time of writing this report.

15.11 Non Bonding of staff under Human Resource Development

The Ministry has a three year strategic plan to develop the health work

force with the support of the development partners and financing from

Government. This is to be achieved through various capacity development

programmes. Through these programmes various staff are being trained in

various Training Institutions. It was however noted that the Ministry does

not enter into bonding agreements with staff who are sponsored.

For a sample of sixty three people that have been sponsored for training

only two bonding agreements were availed for review. The Ministry is at

risk of losing staff who have been trained.

Although the Accounting Officer indicated that all staff who had proceeded

on training without signing bonding agreements were being called upon to

do so, no progress had been achieved by the time of writing this report.

15.12 Essential Drugs Procurement and Distribution

The Government through the Ministry of Health has a Memorandum of

Understanding (MOU) with National Medical Stores (NMS) to stock assorted

pharmaceutical drugs and medical supplies. Under the MOU, NMS is

required to distribute products belonging to Government (3rd party

distributions donated to the Government of Uganda) and also stock

products or drugs for sale. During the year, I carried out an audit of the

distribution programme and the following were my observations:-

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(i) Under Deliveries In the year under review medical supplies worth Shs.19,618,996,007.27

were ordered for by the users. However NMS was able to deliver medical

supplies worth Shs.13,458,077,504.03, equivalent to 68% of the quantities

ordered. It is through this method that the Ministry through the credit line

provides essential drugs to the Hospitals.

According to the memorandum of understanding NMS is obliged to ensure

100% fulfilment of scheduled orders from end users for the standard kit

items. Details of deliveries however show that at no single time was any

order fully delivered. In that regard NMS has not demonstrated full

commitment to the provision of essential drugs to end users.

(ii) Drugs not Delivered

Verification of deliveries from NMS to DDHS, Health Centres and Users in

selected districts showed that sometimes drugs issued were not delivered

at all.

For quantifiable drugs, distributions worth Shs.2 billion were examined. Out

of this, documentation relating to drugs valued at Shs.290 million could not

be traced. The end users did not also have knowledge of these deliveries

either. The drugs included ARVs, Coartem, Condoms and oral rehydration

salts.

The Accounting Officer explained that the Ministry has been monitoring the

performance of NMS with regard to compliance with the Memorandum of

Understanding and added that these concerns had been drawn to the

attention of NMS during their joint technical meetings. She further stated

that the MOU would continue to be reviewed to ensure improved

performance. I am yet to review the outcome of this process.

(iii) Non existence of drug dispensing Records

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The issue of drugs from stores, and dispensing at the health centers and

Hospital wards, is not recorded. Several interviews with Patients in Hospital

wards revealed that they were ignorant about their right to free medicine.

The Accounting Officer explained that under decentralization, the Districts

are responsible for management of these Health Centres. Under the PHC

districts are expected to use up to 50% of their non-wage grants on

stationery including record books. She also explained that the Ministry is

also sensitising the population on their right to free medicine.

15.13Support to the Health Sector Strategic Plan Project ADF Loan No.F/UGA/PL/IBA/2001/1 and Grant No.F/UGA/GA/IBA/2001/1

15.13.1Counterpart Funding It has been noted that the government budgeted for Shs.6,120,000,000 to

finance part of the project costs in the financial year. However, only

shs.5,057,203,000 was released leading to a shortfall of Shs.1,062,897,000.

This affects timely implementation of the project activities.

Management attributed it to the financial constraints that government may

have faced during the financial year. Management also noted that such

deficit in releases results in the outstanding balances to the contractors and

service providers at the end of the financial year (especially for VAT),

leading to domestic arrears.

Management was advised to follow up the shortfall in funding in order to

finance outstanding payments to contractors and suppliers.

15.13.2Supply of Specialized medical Equipment and Furniture It was noted that a company supplied medical equipment worth

Euro.795,455. However part of the medical equipment was found to have

major deviations from the recommended specifications and the supplier

was requested to rectify the anomaly. The equipment includes:

• Examination couch with lithotomy poles (100) Euro 24,000

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• Surgeons stool (21 pieces) Euro 2,100

• Linen Trolley (6) Euro 1,200

Euro 27,300

At the time of audit in September 2007, there was no evidence to show

that the supplier replaced the above mentioned equipment.

Management explained that since the supplier has not replaced the

equipment nor rectified the anomalies, it was decided not to pay him for

the 3 items, an amount equal to Euro 27,300 and that if the supplier

continuously fails to replace the equipment, government will look for other

alternative ways of procuring the 3 items for the health centres concerned.

15.13.3Outstanding Payments to Contractors/Suppliers At the time of audit in October 2007 the project had outstanding bills to the

various contractors/suppliers of goods and services totalling

Shs.819,800,098.

The bills have been outstanding for over a period of one year. This may

lead to litigation being taken against the project. Given that the project has

now closed, it is not clear how the project management intends to settle

these bills.

Management explained that because of inadequate releases of funds by

government during the financial year, the project was not able to meet all

its financial obligations in time. Since then some bills had been cleared

while for others the contractors had not completed their work.

Management was advised to pursue and settle the outstanding payments

so as to avoid future litigation costs.

15.13.4Fixed Assets Management The project maintains a fixed assets register. However, specialized medical

equipment and furniture supplied under the three lots and distributed to

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the health centres had not been included in the assets register. This

weakens controls over management of project assets. In addition, it is now

a requirement by African Development Bank (ADB) that a comprehensive

fixed assets register forms an integral part of the financial statements.

Management explained that during the financial year under review, the

project procured a lot of items under the 3 lots for Butabika Hospital, 32

health centres in 11 districts and 6 mental health units at referral hospitals

and that the updating of the assets register especially for items sent

upcountry had taken longer than anticipated. It was indicated that the

exercise was ongoing and was to be completed soon.

Management was advised to have a complete fixed assets register for all

assets procured using project funds inclusive of the specialized medical

equipment and furniture.

15.13.5Status of Previous Years Recommendation It was noted that audit findings identified in the previous year audit were

still unresolved:-

(i) Construction of VIP Latrines

It was noted that the construction of pit latrines had not been fully

completed. At the time of audit in November 2006, 186 out of 780

blocks had been completed and handed over representing

approximately 24% of the works.

Management explained that during the financial year under review,

there was considerable improvement in progress of work and by 31

December 2007, all the works were complete except for one

company whose all 100 blocks are still at different stages of

completion and the matter has been referred to the Solicitor General

for legal redress.

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Management is advised to closely follow up with the Company to

ensure that all the 100 VIP latrines are completed as envisaged in

the contract agreement.

(ii) Defective Specialized Medical Equipment and Furniture

The National Advisory Committee on Medical Equipment (NACME) of

the Ministry of Health verified the equipment and furniture delivered

by the suppliers. As per the interim report, several items were found

to be non compliant with regard to the generic specifications.

Management explained that all the 3 suppliers were provided with

the NACME reports of all non compliant items and they made good

for most of them (replaced or rectified) and that the equipment were

re-verified by NACME and accepted except for the following:-

• Lot 1: The X-ray machine is still not meeting the specifications

and NACME has asked the supplier to replace it. The supplier is

still to make good. The supplier promised he is coming in

January 2008 to address the problem.

• Lot 2: Ms. Gatero Instruments Ltd is yet to replace the

examination couches, surgical stools, linen trolley as indicated in

B1 above.

• Lot 3: MJ Medical replaced all furniture that had not met

specifications.

In the case of lot 1 and lot 2, management and NACME is advised to

liaise with suppliers of the defective items so that they are replaced

according to the agreed specifications.

(iii) Delayed Payment of the Contractors Bills

The project still experienced delays in settling outstanding payments

to the contractors/suppliers.

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(iv) Gravity Water Installation at Kaproron Health Centre in Kapchorwa District

At Kaproron Health Centre, there was no water and yet the sub-

contractor was paid US$ 71,249.66 to rehabilitate and protect four

spring wells at Bukwa, Chesoweri, Kapronon and Sipi Health Centres.

The absence of water in the health centre affects the provision of

medical services to the local communities.

Management explained that PMU wrote to the CAO and District

Water Engineer (DWE) who supervised the works to rectify the

remedy. Reports from the DWE indicate that the contractor was

made to redo the pipe network for the scheme which he had omitted

(as per contract). However, the flow of water to the scheme was

not adequate because the water source, given in his scope of work,

was inadequate. As a result, the district has identified some funds to

connect this network to another water source that is more reliable.

Management should liaise with CAO, Kapchorwa District to ensure

that this matter is concluded accordingly.

16.0 WORKS AND TRANSPORT

16.1 Non-Deduction of withholding Tax on the Contract of Redevelopment of State House - Entebbe

A contract was signed with a foreign-based Chinese contractor; to develop

State House- Entebbe at a contract sum of US $ 20,845,618.30 (UGX

38,564,393,854). However, examination revealed that the Ministry paid the

contractor gross without deducting withholding tax estimated at US

$5,537,962. In the absence of evidence of exemption, non deduction of

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the tax constitutes a tax offence for which penalty is payable. In a written

reply the Accounting Officer stated that a letter of exemption was available.

However, this was not availed by the time of issue of the report.

It is recommended that evidence of tax exemption be availed for

verification. In the alternative the tax amount is recoverable.

16.2 Budget Performance 2006/07

A review of the budget performance revealed that 17 activities planned and

budgeted for the year remained incomplete by the year-end. It would

appear some causes of delays such as procurement of contractors and

consultants could have been addressed expeditiously by management since

prequalified lists are in place. Where weaknesses are attributed to the

Contractor as in the case of Northern by Pass, penalties ought to be

imposed. Other causes such as delay in release of funds ought to be

addressed by MOFPED. A separate column indicating specific management

responses is included herewith. It is noted that failure to meet target

outputs prolongs public access to proper infrastructure and undermines

achievement of value for money.

1. Key output Target

output Achievement Budgeted

amount released-UGX

Deficiency Management response.

2. National roads maintained to all weather standards

Routine maintenance-Manual maintenance of 10,569 km

10,358 km of roads maintained

7.64 billion 211 km of roads not maintained

Money and time not matched during release of funds by MOFPED.

Periodic maintenance- 145 km of the road network resealed.

28.6 km of roads resealed

3.0 billion 116.4 km of roads not resealed.

As above.

3. Kafu-Masindi road 44 km upgraded to class II bitumen

47% upgrading works completed

22% completed by FY end

1 billion budgeted but 6.3 billion spent

34.32 km of road not upgraded

7.88Billion required but only 1billion approved in budget

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standard by the financial year end

(530%)

4. Construction supervision of 21 bridges in NW Uganda

10% of works completed

0% of works completed

0.1 billion 10% of works not completed

Delays occasioned by prolonged evaluation, procurement and negotiation processes.

5. RDPPI-Upgrading Kiboga-Hoima road-76km

30% of works completed

20% of works completed

0.5 billion 7.6 km incomplete

Delays occasioned by breakdown of contractor’s equipment and fuel shortages.

6. RDPP2- Rehabilitation of F/Portal-Hima road-55km

50% of works completed

35% completed 2 billion budgeted but 2.65 released (132%)

4.125 km incomplete

7. RDPP2-Matugga-Semuto-Kapeeka road

20% of works completed

0% completed 3.5 billion Approval for detailed engineering designs delayed at NDF/World Bank.

8. RDPP3-Kampala-Gayaza-Zirobwe-Wobulenzi roads

30% of works competed

0% completed 1.01 billion Delays occurred in procurement of contractor and supervision consultant.

9. RDPP3-Accident black spots improvements

100% of works completed

20% completed 0.5 billion Black spots at Namukomago, Namagunga, Namataba, Kawolo and Sagazi, along Jinja road still incomplete

Delays occurred in procurement of contractor.

10. RSSP1-Kabale-Kisoro-Bunagana-Kyanika road

15% of works completed

5% completed 2 billion GOU and 26.26 billion donor funds against 11.65 billion budgeted

10% incomplete

Late procurement of supplementary loan.

11. EDF- Kampala-Northern Bypass road

60% of works completed

35% completed 1.15 billion 25% incomplete

Various weaknesses on the part of Contractor in project management, asphalt surfacing works and failure to provide natural materials.

12. District, urban 200km of 191 km done 1 billion 9 km undone

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and community access roads rehabilitated

district roads rehabilitated under AAMP (TR 75 A)

13. 350 km of district roads to be rehabilitated by districts

325km under rehabilitation

4.2 billion 25 km not rehabilitated

Late release of funds to districts.

14. 500 km of district roads+ rehabilitated under DANIDA program in Eastern and Northern Uganda

403 km rehabilitated

0.3 billion 97 km not done

DANIDA funds released as per calendar year and not financial year.

15. 540 km of D/roads rehabilitated under STABEX –EU funding

410 km done 0.3 billion 130 km not done

Funds released at end of f/y 2006/07.

16. Urban roads resealed

15km resealed in Njeru, Kabale, Masindi and Kampala

8.5 km done 1.2 billion 6.5 km not done

Only 40% of budgeted funds released.

17. Construction of markets and workplaces in and around Kampala supervised

Building works supervised, 60% completed

38% completed 20 million 22% incomplete

Inadequacy of funds.

Procurement processes for contractors and consultants should be

adequately and timely planned to avoid delays. Non–compliant contractors

ought to be penalised.

16.3 Road Development Programme – Phase 1 Project Development Credit Agreement Number 3267 – UG

The objectives of the Project are:-

• To upgrade two of the highest priority roads of Busunju-Kiboga-Hoima and

Nebbi-Arua, including related construction supervision;

• To carry out sector policy and management studies, including those related

to feeder roads. These studies were financed under the Project Preparation

Facility (PPF); and

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• To carry out audits under the Programme through the provision of technical

advisory services.

The following observations were made and drawn to the attention of

management during the audit of the Project.

16.3.1Progress on contracts C005 and C006 (Busunju – Kiboga, Kiboga – Hoima) Following the receipt of the performance and advance guarantees on 10th

December 2003 and the World Bank’s ‘No Objection’ declaring the Deeds of

Novation effective, the contractor (SCEL) was permitted to proceed with the

upgrading of the roads. However, the progress of civil works has continued

to be slow due to the cash flow problems of the Contractor.

Busunju-Kiboga (C005): Between 30th June 2006 and 30th June 2007, the

Contractor had completed an incremental 17.4% of the weighted works

compared to the 28.3% annual expected performance. Cumulative

completion was at 82.4%. It had been planned that the Contractor would

complete the works by July 2007; however, the Contractor’s standing

programme indicated the works will be completed in November, 2007.

Kiboga-Hoima (C006): Similar to Busunju-Kiboga, the contractor had

completed an incremental 22.5% of the weighted civil works progress only

in comparison with the expected progress of 31.9% between June 2006

and June 2007. By 30 September 2007, the contractor had completed

about 87% of the weighted works on the section.

Furthermore, despite minimal activity on both contracts, normal supervision

costs have continued to be incurred.

The implications are that:-

• The contractor may not be in a position to proceed with the contract

and later on execute it efficiently and effectively.

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• Delayed execution may lead to costs exceeding the budget,

especially the supervision costs.

Management and other stakeholders should devise possible ways to

address the impending possibility of not completing works on time and

failing to obtain funding for the works after expiry of the credit.

Management explained that the contractor did not execute the works as

per program due mainly to:-

• Shortage of fuel in the country during the months of March, April

and May 2007 and

• Excessive rains experienced in the region.

Management estimated that substantial completion of C005 will be on the

15th December 2007 and C006 at the end of February 2008 and that

payments for works during the defects Liability period will be secured by a

bank guarantee from the contractor given that it will cover a period after

Credit expiry. The current expiry date is 30th June 2008.

16.3.2Progress of Physical works on Kawempe – Luwero Road From the review of the cash out flows on the Kawempe-Luwero-Kafu

project, it was noted that actual cash flows were only 43% of the projected

figure. This was indicative of a potential delay in works performed by the

contractor.

It was also confirmed from the Consultant’s progress report of July 2007

that the contractor on the road was behind schedule by 4 weeks. As per

the contract for civil works on this road, work commenced on 8th February

2007. Therefore work on this road had proceeded by approximately 5

months as at the date of the progress report implying that 4 out of the five

months had been lost.

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Inefficiency of the contractor will delay accomplishment of the road. There

is also a risk that delays by the contractor are likely to increase

proportionately with time.

It was recommended that the contractor be monitored to ensure that

delays are checked.

Management attributed the set backs to the need to:

• Review the original design for this road.

• The national fuel crisis of April to May 2007 brought construction

operations to a near halt;

• The unusually heavy rains since May 2007 have slowed the

contractor’s progress;

It was also explained that this Project had lost approximately 4 months due

to the above-mentioned factors that are outside the contractor’s control.

The contractor has improved his equipment stock holding in order to

accelerate the work. RAFU is also closely monitoring this project to ensure

that any potential problems to the project are sorted out quickly enough to

avoid further delays. It is envisaged that this project will be concluded by

June, 2008.

16.3.3Payments for Land and Property compensation During the review of expenditure, it was noted that land and property is

paid in instalments to beneficiaries which was found to be improper. The

process of compensating the land owners has been slow with some of the

individuals still receiving partial payments.

It was also noted that there were still some villages that were yet to receive

any compensation namely; Bukomero, Mataagi, Temankali and Lukuga.

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The delayed payment of compensation to the beneficiaries has also

witnessed increased value of land, most of the land being currently paid

lower than their current value. This has resulted in a few of the land

owners refusing to surrender their land titles as they collect their

compensation particularly in the Kiboga Town Council. However, these

have only been a few cases.

Some of the individuals who have handed over their land titles have also

expressed discomfort about the delay in processing these land titles leading

to the failure of the beneficiaries to utilize their asset for other purposes like

security.

It was recommended that installment payments be stopped as Monitoring

of land and property compensation payments may turn out to be difficult.

Management explained that RAFU has taken over payment of compensation

from the contractor. The contractor has given accountability of the

outstanding payments including partial payments which have been verified

by an independent auditor, to enable RAFU continue with payments, with

the assistance of the district officials and that all payments will be

completed by 31 December, 2007.

16.4 Road Development Programme – Phase II Project Development Credit Agreement Number 3544 – UG

The objectives of the Project are:-

• Upgrading to paved (bitumen) standard the Karuma-Olwiyo-Packwach

gravel roads and strengthening of the Katunguru-Kasese-Fort Potal,

Kasese-Mpondwe (Equator) and Kasese-Kilembe roads, including related

construction supervision.

• Implementation of the first phase of a National Road Safety Action Plan;

• Consultancy services for mitigating of “black spots” along two transport

corridors (preparation of designs, bidding, documents and supervision);

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• Preparation of a national Transport Master Plan and provision of

Technical advisory services for innovative technologies for construction

of low volume traffic roads; and

• Design and construction supervision of the National Road Agency

building.

16.4.1Government of Uganda (GoU) Contributions Despite the persistent shortfall of counterpart funds from GoU to this

Project, It was noted that GoU contribution reduced from Shillings 12.3

billion in the financial year 2005/6 to shs.10.5 billion during the financial

year 2006/7. As a result, the project has continued to face difficulties

effecting prompt payment of contractors’ and consultants invoices and any

related taxes as they fell due. As at 30 June 2007, management indicated

the Project debt position as:-

Amounts due in respect of: Amount UGX Amount USD

Civil works 2.3bn $3.4m

Consultancy supervision 17.3m 40,951

Withholding tax 613m -

All contracts have a provision to charge interest on overdue payments.

Section 3.01 9a) of the DCA requires GoU to provide promptly as needed,

the funds, facilities, services and other resources required for the Project

and section 3.04 (c) requires GoU to make quarterly deposits into the

project Account as shall be required to replenish the account to the amount

in Uganda Shilling equivalent to US$ 3 million as GoU’s contribution to the

Project.

However, this was not fully complied with the implication is that the Project

may be subjected to an extra cost of accrued interest claims in form of

penalties on delayed payment of invoices.

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The GoU should adhere to its commitment to provide its financial

contribution to the Project on a timely basis as agreed in the DCA.

Management explained there was an improvement in the GoU cash releases

but the budget fell far short of the required counterpart funding to

implement the project. This is because of the inadequate GoU revenue and

the related cash limit budget system.

16.5 Contract Variation and Supervision

16.5.1Contract Variations Two road construction contracts were varied by more than the maximum

limit recommended by the PPDA Act and regulations. One contract for the

resealing of Kibuye-Zana-Entebbe Airport Road was varied by 47% while

another for construction of Lugazi bridge was varied by 59%. Although

necessary approvals were obtained such huge variations indicate a

possibility of weaknesses in planning particularly at the design stage and

resource allocation level.

During discussions, the Accounting Officer attributed the variations to

limited resources. He explained that delayed fund disbursements to the

Ministry cause extended contrast durations which in turn lead to cost

variations.

16.5.2Supervision Periodic maintenance of five murram roads measuring 288 km cost the

Ministry Shs.511,912,500 in consultancy (supervision) fees. Although

approval were obtained for the procurement, measures should be devised

to reduce on these costs. The Ministry should develop internal capacity to

carry out the supervision as it may be cheaper in the long run. The

regional Executive Engineers can be a useful resource for the purpose.

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16.6 Special Audit of Payroll On the request of the Accounting Officer and Criminal Investigation

Department (CID), we carried out a special audit of the payroll of the

Ministry. The objective was to ascertain whether the names on the salary

payment schedules to banks reflect genuine staff of the Ministry and

determine whether loss was occasioned by government. In the report

made to the CID I made the following observations;

• It was noted that some staff appearing on the Ministry’s payroll

particularly in the salary scale U7 and U8 were not appointed properly in

accordance with Government Standing Orders and other regulations.

This was further evidenced by some correspondences on record where a

Clerical Officer was accused of irregularly issuing appointment letters on

behalf of the Permanent Secretary without authority of the Public

Service Commission between 1999 and 2002.

In her (Clerical Officer) unreferenced response against the accusations

levied, dated 21st November 2003, the officer consented to have issued

out appointment letters through irregular means and facilitated illegal

entrants into the service. Eighteen (18) officers were noted as having

been appointed irregularly by the Clerk according to her letter.

The Accounting Officer has explained that disciplinary action was

initiated as far back as 2003 but the procedure delayed due to various

consultations among the Ministry of Works, the Public Service

Commission and Ministry of Public Service. However, the officer was

subsequently interdicted and dismissed from government with effect

from 3rd December, 2007.

• A detailed scrutiny of the salary payment schedules and the IFMS

records for the period under review was undertaken. It was noted from

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our reconciliation of the salary payment schedules from Uganda

Computer Services with the actual salary payments on the IFMS that a

total of Shs.137,016,497 was paid out as salaries to various Commercial

Banks without supporting schedules.

In absence of supporting salary schedules the payments appear

doubtful and irregular and could have caused financial loss to

government. It is also not clear how the salaries were processed.

My scope of audit was limited by the failure to access information from

the banks relating to the beneficiaries of the unsupported payments.

Management explained that salaries are normally remitted to

Commercial Banks with supporting salary schedules. However, in the

case mentioned above the schedules cannot be traced. The Ministry

explained that it requested an outsourced computer expert and CID to

follow up the matter. In the meantime the suspects have been

interdicted.

It is recommended that the Criminal Investigation Department (CID)

carries out further investigations with the concerned Banks in order to

ascertain the beneficiaries of the unsupported payments and also

establish the eligibility of the recipients.

It is further recommended that the Ministry liaises with the Public

Service Commission to verify all appointments, retentions, confirmations

and Public Service Minutes for all staff in the salary scales U7 and U8.

16.7 Audit Inspection-Weighbridges

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An audit inspection was carried out in August 2007 at the two weigh

bridges situated at Lukaya on the Kampal-Masaka highway and Mbarara

and the following were my observations:

16.7.1Kampala-Masaka-Mutukula Mobile Weighbridge

It was explained by the officer in charge of the mobile bridge that on

exceeding the maximum axle load, a charge sheet is filled detailing the

particulars of the vehicle and driver, time, particulars of each offence and

issued to the driver, who, in the company of a police officer proceeds to

court, where a fine is determined through a court ruling by the magistrate.

The driver may either pay cash in the magistrate’s office (to cashier), to the

bank, or to the Uganda Revenue Authority office. A general receipt is

finally issued to him. The computer print out of the details of

measurements together with a copy of the general receipt is then filed in

the weighbridge records.

It was revealed that the weighing of the vehicles, charging and fining are

governed by the Traffic and Road Safety (Weighbridges) Regulations of

2004.

It was discovered that whereas it is the Ministry’s responsibility to enforce

the traffic and road safety regulations so as to protect the national roads

through deterrent fines, the discretion of the extent of the fine was left to

the court, who may not be particularly aware of the costly process of

resealing and maintenance of the damaged roads as the Ministry itself. This

may lead to leniency to the culprits by the courts and complacency by

drivers, hence continued overloading and eventual damage to the roads.

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It is recommended that the Ministry devises means of ensuring that the

culprits are fined amounts which are realistic. This can be done by entering

on the charge sheet the amount of fine for each offence committed.

16.7.2Mbarara Weighbridge It was observed that for the entire financial year 2006/07, the overloaded

vehicles were being fined between Shs.100,000 and Shs.200,000 with

Separate isolated cases of Shs.300,000, Shs.400,000, Shs. 1 million and

Shs.2 million, or even a mere caution.

The explanation was that it was the magistrate’s discretion to determine

the fine. At the same time between 3rd and 7th of March 2007 when the

magistrates were on strike, the police stepped in to avert the crisis where

overloaded vehicles impounded were congesting the weighbridge yard and

drivers were complaining. As a result the police were fining all culprits only

Shs.80,000 irrespective of the offences. It was discovered that the Police

had treated all the cases as traffic offences and ignored the Traffic and

Road safety Act.

Although the latter one was an isolated incident, the two cases above are

doing little to help the Ministry meet its objective of protecting roads

against damage through overloaded vehicles. This is because the culprits

will prefer to overload and pay the small fines preferred on them while

damage to the roads goes on unchecked.

The Ministry needs to come out clearly on the fines carried by each axle

overload offence committed, by prescribing the relevant fines payable on

the change sheet, instead of leaving it to the magistrate’s discretion. The

courts should instead help to enforce the Act through preferring the fine

(payment or imprisonment).

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The two Ministries of Works and Justice therefore need to harmonize this

position so as to achieve the intended objective of protecting the national

roads.

The Accounting Officer explained that the Ministry noted the anomalies on

the fines from the magistrates courts and wrote to the Solicitor General but

no tangible results were forthcoming. The Ministry then initiated the

amendment of the Traffic and Road Safety Act to decriminalise the offence

and instead prescribe fees which will be directly paid to the weighing bridge

and then banked on the special account for the Road fund.

16.7.3Absence of Weighbridges on Major Highways

There is absence of weighbridges, fixed or mobile along Mbarara

Ntungamo-Katuna boarder, Mbarara-Kasese-Bwera and DRC Congo

boarder. It is therefore possible that overweight trailers carrying cement,

coffee, scrap metal and other goods have travelled from Hima, Kasese,

Mbarara,Ntungamo or Kabale to Rwanda or the DRC with out hindrance,

damaging the roads along the way for some time.

The Ministry therefore needs to urgently procure and station at least three

mobile weighbridges along these routes if the original objective of

minimising damage to paved roads is to be meaningful.

The Accounting Officer explained that the matter is to be addressed under

the Transport Rehabilitation Project.

16.8 East African Civil Aviation Academy (EACAA).

16.8.1Legal status, operational and financial status

I commented about the legal status in my report for the year ended 30th

June 2006 (ref 15.5) but I am not aware of any action that has been

initiated to resolve the matter. The EACAA was established in Soroti by a

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treaty of the East African Co-operation in 1971 to train pilots and aircraft

maintenance engineers mainly for the then East African Airways. It was

supported by the UNDP and the International Civil Aviation Organization

(ICAO). The support included appraisal training programmes, providing

instructors and equipment and linking the academy to other Civil Aviation

Institutions outside East Africa.

In 2006, the Ministry of Public Service carried out a restructuring survey

and produced a report to that effect for cabinet approval. However to date

the report has not been tabled.

The academy offers pilot, flight operations, electrical and engineering

courses to students admitted from the East African states and surrounding

states, on both sponsored and self-sponsored bases.

It charges and collects fees for these courses, which, together with grants

from the Ministry of Works and Transport, constitute the funding base for

its operations. The Academy is supposed to be headed by a Director, but is

currently being headed by an officer who has been reportedly acting for

nine years, pending substantive appointment. This is quite unusual and

contrary to Public Service standing orders, which limit the “acting” capacity

to one year.

As reported last year, the academy does not have the legal mandate to

operate independently. According to the Acting Director, it still operates

under and is funded by the ministry and its financial operations are

governed by the same regulations as the ministry and the latter is

supposed to monitor and supervise these operations.

There was also no evidence that the Ag Director of the school was formally

appointed as receiver of revenue and as imprest holder as required by the

regulations. This implies that it is irregular for him to collect revenue and

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administer public funds as well as accounting for them, because he lacks

the authority to do so.

The legal status, institutional framework, funding and financial reporting of

the Academy should be resolved promptly. In the meantime the Director

could be formally appointed as an Imprest Holder and Receiver of

Revenue.

17.0 DEFENCE

17.1 Excess Expenditure According to the Statement of Financial Performance, the Ministry spent a

total of Shs.14,471,106,588 in excess of the approved budgetary

appropriations without relevant authority. Against a budget of

Shs.389,295,441,999 the Ministry incurred actual expenditure of

Shs.403,766,548,587 leading to excess expenditure of Shs.14,471,106,588.

This indicates breakdown of controls over budgetary expenditure. The

Accounting Officer attributed this to domestic arrears which arise due to

inadequate budget resources, maintenance of auxiliary forces and

unpredictability of activities of the Ministry.

17.2 Salary Arrears for Auxiliary Forces

A total of Shs.16,300,000,000 was paid to Bank of Uganda in June 2007 to

cater for salary arrears of Auxiliary Forces for various months in UPDF.

However, by the time of writing this report only Shs.15,012,860,000 had

been accounted for leaving a balance of Shs.1,287,140,000 still un

accounted for.

In the absence of accountability I was not able to satisfy myself that the

amount was utilised for the intended purpose.

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The Accounting Officer should ensure that the accountability is followed up

and tendered.

17.3 Supply of Army Uniform A sum of U.Shs.177,411,857 was paid to a firm as part payment for the

supply of uniforms to UPDF. Supporting documents indicate that the firm

was to supply 2,200 shirts each at 20,475 equivalent to Shs.45,045,000 and

also 4,437 sets of ceremonial uniforms each at 220,000 equivalent to

Shs.976,140,000 all totalling to U.Shs.1,021,185,000. However, records

show that the firm initially supplied only 2,200 shirts out of the total

consignment but under unclear circumstances sued the Ministry for non

payment of the whole contract sum in a civil suit No. 226 of 2004. A

consent order was subsequently signed between both parties in April 2005.

The following matters were further noted.

• The consent order signed in April 2005 required the Ministry to pay

Shs.1,860,850,180 as full payment for uniforms supplied by the firm

payable in ten (10) equal instalments. The firm was also to be paid

16% interest on the outstanding amount (1,860,850,180) for the period

from May 2003 to October 2005, the period the amount had stayed

outstanding.

The basis upon which U.Shs.1,860,850,180 was arrived at by both

parties despite the fact that not all items were delivered was not

explained. The awarding of interest at a rate of 16% on

U.Shs.1.860,850,180 totalling to U.Shs.744,340,072 for a period of 30

months (May 2003 – October 2005) was also not properly explained.

• On 18/08/2006 the Ministry of Defence signed a new agreement with

the firm acknowledging the debt of U.Shs.1,860,850,180. In this

agreement the firm also agreed to supply the balance of the undelivered

items. The Ministry also agreed to pay interest for 38 months (May –

July 2006) totalling to U.Shs.942,830,768. This agreement pushed the

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Ministry’s indebtedness to a total of U.Shs.2,803,680,948. (i.e.

1,860,850,180 + 942,830,768).

Basing on this new agreement, the Ministry stands to lose or incur

nugatory expenditure of U.Shs.1,782,495,948. This represents the

amount by which the payment will exceed the amount payable under

the original contract (2,803,680,948 – 1,021,850,000). It was also noted

that the firm has continued to charge interest at the rate of 16% on

principal amount (1,860,850,180) despite the fact that the consent

order which was signed by both parties had agreed to charge interest

for only 30 months.

The Accounting Officer should investigate this matter further to avert a

possible loss to government.

17.4 Irregular Contract For Repair of Helicopter MI-24

A sum of U.Shs.758,955,527 ($ 404,000.60) was paid out against a

contract for the overhaul of Helicopter M1-24. The contract sum for

overhauling the helicopter was US $790,000. However the contract does

not give a detailed break down and pricing of work to be done. I was

therefore not able to ascertain and verify the work done against the

amounts paid.

On scrutinising the contract, it was noted that one of the clauses provides

for separate billing over and above the contract sum in case during the

overhaul some parts are found to be irreparable. However in the absence

of a detailed list of what was to be done in the overhaul, such a clause

leaves room for manipulation to the disadvantage of the Ministry.

It was also established that adjustments to the contract price worth US $

32,000 were not properly supported and were authorised by one officer

who also happened to sign the acceptance certificate after the overhaul.

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The Accounting Officer is advised to provide full accountability for payment.

Contracts should also always be properly drawn up to reflect details of work

to be carried out and its costing.

17.5 Undelivered Procurements – Spare Parts For Low Loaders

A total of Shs.293,967,305 was paid to Bank of Uganda to open a Letter of

Credit in favour of a local company in respect of supply of two new engines

(Shs.237,398,650), Axle Hanger bushes (Shs.14,608,400), Engine Parts

and others (Shs.39,061,900).

However, verifications revealed that only items worth Shs.263,059,241

were delivered and the firm accordingly paid. The Letter of Credit expired

without the balance of Shs.14,608,400 being utilised. The purpose to

which the amount was spent was not explained during the audit.

17.6 Borrowings not Refunded

A total of Shs.657,920,350 was borrowed from the computerisation account

to finance various activities within the Ministry and was to be refunded

before the closure of the financial year. However, by the time of filing this

report only Shs.562,035,000 had been refunded leaving a balance of

Shs.95,033,000 outstanding. I advised the Accounting Officer to recover

the borrowed funds to avoid constraining the project in achieving its

objectives.

17.7 Overpayment to a Hotel

Shs.20,404,350 was paid to a Hotel to settle Hotel bills for Ministry of

Defence guests. Two un-referenced tax invoices were submitted for

payment, one invoice had Shs.1,437,120 and US$3,496 and the second

invoice had Shs.2,414,430 and US$5,700. Both Invoices were faxed from

the Hotel before being endorsed by the Ministry guests.

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It was established that although the 2nd invoice was part of the 1st invoice,

the Hotel in their handwritten demand to the Ministry treated each tax

invoices separately.

This led to an overpayment of Shs.1,437,120 and US$3,496 totalling to

Shs.7,729,920 . I have advised the Accounting Officer to investigate and

accordingly recover the over payment.

17.8 Domestic Arrears of National Water and Sewerage Corporation

A service provider (NWSC) submitted outstanding bills to the Ministry of

Defence totalling to Shs.6,564,966,267 as at 30/06/2007. A review of

documents in the Ministry indicated that a total of Shs.8,147,525,881 had

been paid to the provider. However, statements from NWSC showed a

total of only Shs.6,330,421,254 as funds received from the Ministry leaving

a balance of Shs.1,817,104,627 paid not reflected on NWSC statements.

In the absence of an up to date reconciliation by the Ministry, I was not

able to ascertain the actual bills outstanding.

17.9 Audit Inspection

An audit inspection of Entebbe airbase and Katabi Barracks revealed the

following matters -

17.9.1Accommodation

Some officers are accommodated in the Ministry of Defence Houses.

However, the houses are dilapidated and require renovation. The

Administrative Officer attributed this to inadequate funds for maintenance.

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The Accounting Officer explained that the construction unit has been tasked

to earmark funds for renovation of the barracks.

17.9.2Katabi Barracks (i) Katabi Secondary School

It was noted that Katabi secondary school is located in the Barracks without

any fence separating the School from the Barracks. Girls’ dormitories have

no fences and are located next to houses accommodating male soldiers.

The dormitories are also very congested with no flash toilets. The pit

latrines used are located outside the dormitories which expose these young

girls to more insecurity.

The Accounting Officer explained that due to dilapidation and the need for

better security for the school, there are plans to relocate the school to

Kitala.

(ii) Water Tank

There is wastage of water from a leaking water tank. This partly explains

the high water bills.

The Accounting Officer explained that the whole water system in the

barracks is too old and requires complete overhaul. She added that she

was in touch with National Water and Sewerage Corporation to undertake

the capital repairs.

(iii) Land not Surveyed

It was also noted that land occupied by Katabi Barracks is not surveyed and

has no land title. Therefore we could not clearly see the boundaries of the

barracks. The problem of encroachers cannot be ruled out as nice looking

buildings were seen next to the barracks.

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The Accounting Officer explained that much of the Ministry land is not

surveyed and as a result they had acquired survey equipment and Survey

Unit to have all Ministry land surveyed including Katabi land.

(iv) Air Base Stores

A visit to the technical store revealed that the technical store requires

general repairs. Some stores are leaking thus exposing spare parts to rain

water and rust. Since their construction, no funds have ever been provided

for repairs despite the fact that very expensive spare parts, including those

of MI 17 and MG.24 air craft are kept there.

The Accounting Officer attributed this to limited funding and further

indicated that funds had been earmarked in the new financial year to

address the problem.

17.9.3Kakiri Barracks (1st Division)

It was noted that the stores are in a very poor condition due to their

dilapidated state. They also have poor ventilation, lighting and shutters

and are infested with rodents and bats. It was observed that the last

fumigation was done in 2004. We have therefore recommended to the

Accounting Officer to spare some funds and re-fumigate the stores.

The Accounting Officer explained that these are temporary stores and that

the Ministry is planning to put up new stores in the division.

17.9.4General Military Hospital Mbuya (i) Funding

The G.M.H referral hospital receives only Shs.1,920,00 per month for

maintenance of buildings and general running of the hospital. This is very

little money given its size and the fact that it is a referral hospital.

Insufficient funding has led to non functioning hospital equipment.

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The only X-ray equipment in the Hospital broke down due to power surge,

after less than a year of repairing it at a cost U.Shs.24,514,760. This

machine is reparable but has been left to deteriorate.

The other X- Ray machine which was picked from former Kiseka Hospital

has a faulty control device which needs replacement according to the

Radiographer.

The Dental equipment and eye equipment got a functional problem when

the fire broke out in the surgical ward and are also not functioning.

Without such equipment, it is difficult for the hospital to offer good

services.

17.9.5Kaweweta Training School

The school is heavily indebted to various supplies who were engaged to

supply ration. This may affect its operations. It was established that

authority was given to contract local contractors to supply ration worth

338,486,500 during the year. However, by the time of writing this report

only Shs.215,996,500 had been paid leaving a balance of Shs.122,490,500

outstanding. Non payment of local suppliers indicates weaknesses in the

Ministry’s commitment control system.

The Ministry is therefore at risk of being sued for non payment which may

result into unnecessary legal costs.

18.0 INTERNAL AFFAIRS

18.1 Unaccounted for Visa Stickers to Foreign Missions

Visa stickers issued to the various foreign missions in different

denominations worth US$352,500, €218,900, AUD187,500, CDN$80,000,

CHF30,000 and ₤138,250 were not accounted for. Further, there is a

tendency for Missions to vary the face value of stickers issued to them. It

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was also noted that some stations and missions had not yet accounted for.

Stickers issued to them which were affected by the price change.

The Accounting Officer explained that all Missions had been instructed to

return all the visas that were affected by the price change and that the

Ministry was in the process of establishing those Missions which had not

complied.

I have also advised the Accounting officer to redesign the accountability

forms so that they indicate the running balances of visa stickers available at

all Immigration points and missions abroad.

18.2 Non-Tax Revenue (Work Permits)

The Ministry collects revenue from sale of various immigration documents

to the public and these include among others work permits, dependants’

pass, Pupil’s/student’s pass, visitor’s pass, prohibited immigrant’s pass,

special pass, renewal of special pass, duplicate of any permit certificate or

pass and certificate of residence.

Audit inspections revealed that there are still large volumes of these

documents acquired way back in 1960s that are still in use. The following

observations were also made:-

• Status of the Store

The store is a small room with shelves having documents which are

tied with ropes. All documents are covered by dust and some have

been destroyed by termites leading to their cancellation but no

records are kept of cancelled documents. The citizenship certificates

in particular were loosely held and kept in sacks and most of them

were dirty.

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• Stores Management Procedures

There were no adequate stores management procedures in place.

For instance no requisitions are made for the issue of documents

from stores. The Attendant collects the documents from the store

on merely verbal instructions and there were no stores documents.

The Ministry did not identify and assign a responsible officer to take

charge of the stores.

• Stocktaking

For unknown reasons stocktaking has not been carried out on stores

for many years.

I explained to the Accounting Officer the risks of mis-handling of

such very sensitive documents.

18.3 Spoilt Passports

Inspections carried out at the Ministry’s strong room revealed that

passports valued at Shs.37,210,000 were damaged thereby causing a loss

to government.

This problem has continuously occurred over the years. The Accounting

Officer attributed this to human error on the part of applicants while filling

in their applications and occasionally on the personnel in the strong room.

He indicated that the loss is within the acceptance limit of 5%.

I have advised him to devise means of reducing the loss.

18.4 The National Population Data Bank and Identification The above project was conceived by government sometime back to ease

verification of citizenship identification by modernising the national

registration systems in the country. Under the programme each citizen was

to be issued with a national identity card that uniquely identifies him or her.

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Records indicate that the entire project is estimated to cost US $54 million

and was to be completed in 2010.

However, it was noted that during the year under review no funds were

budgeted and released for the project although the Ministry had planned

for its implementation. It is also not known how far the Ministry went in

resolving the matters regarding the botched procurement that had been

initiated two years ago.

The Accounting Officer has been requested for an update on the status of

project implementation.

18.5 Audit Inspections

An audit inspection carried out at Goli, Phaida, Vurra, Oruba, Afoji

Immigration and Airport Immigration Offices and the following are my

observations:-

(a) Staffing

All stations visited are not adequately staffed. On average each

station is manned by two to five people. Generally the directorate of

immigration has low staffing levels. The level of staffing is still not

adequate to meet the ever increasing workload at the various

stations.

(b) Office and Staff Accommodation

Office and staff accommodation is also a problem to most of the

stations visited. Many offices are housed in unipots while others are

in dilapidated houses. Staff are also accommodated in similar

houses. There are no indications that the situation will improve in

the near future. Entebbe Immigration Office is currently

accommodated by Civil Aviation Authority, with only two rooms that

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are quite small for the number of staff. The general office is a server

room as well as the store.

The station also currently has no changing rooms and the officers

use the washrooms which are also used by transit passengers.

(c) Office Furniture

Most offices visited do not have office furniture and equipment like

computers, which would be necessary for data entry and

management. Despite being revenue collecting units the offices do

not have safes and cash is just kept in drawers. There are also no

telephones in most of the offices. Our inspection at Entebbe Airport

Immigration Office indicated that the American Embassy donated

computers under the PIECES (Personal Identification and Evaluation

System), a stop list system for controlling movement of persons.

However these computers lack printers. The system is continuously

on and off and therefore not operating efficiently. There is no

internet connectivity between this entry point and other entry points.

Therefore, a person denied entry from this point can still enter the

country through another entry point. The PIECES System is not even

connected to the Ministry Headquarters.

The single money detector machine is also defective. There is

neither a fax machine nor a photocopier and officers are forced to

request for services of neighbouring offices. There is also no money

counting machine despite the fact that a lot of revenue is collected

from this centre.

Departure and arrival cards are not readily available as the office has

to collect them from the Ministry Headquarters weekly and

sometimes arrival cards are used yet the information on them varies.

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There are currently only five counters in operation and there may be

a need for more in future. The Passport scanners in place are of a

quality that does not swiftly show the information on the screen on

swiping the passport.

(d) Rent

Some points are renting office space. For example, Paidha office is

renting a single room of about 18 x12 feet at a monthly cost of

Shs.120,000. However, there was no valuation report of the Chief

Government Valer or his representative neither was the tenancy

agreement availed to enable me ascertain and establish the rental

charge, the terms of tenancy.

(e) Office Imprest

Most offices do not receive any office imprest which renders

operations difficult especially when officers have to travel to town to

bank cash collected. Staff at Entebbe Airport Immigration Office are

provided with lunch allowance which is not commensurate with the

cost of living at the airport. Staff members have resorted to

collecting food from outside the airport which is sometimes restricted

by the security. They would wish to have their lunch allowance

raised or lunch physically provided.

(f) Land

It was reported that Vurra Entry Point identified land for its office

construction. However since no payment was made to the owner

there is an apparent attempt to take this land by a private person.

There has not been any follow up by the head office.

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(g) Transport

Transport is also a problem to most of the entry points. The office

like that of Oraba which is in a remote area, nearly 20km from the

town of Koboko, requires means of transport to carry out its

operations like banking and official checks at the border. Entebbe

office has a very old vehicle, a pickup UG 0023 G which breaks down

frequently when either cash is being transported to the bank or

when transporting aliens to the centre.

h) Use of Visa Stickers

Audit inspections revealed that visa stickers of different values

comprising of Single entry (US$50); inland transit (US$50), airside

visa US$30 and gratis (fee Nil) were soon running out of stock.

Therefore, there was a risk of losing revenue due to non availability of

stickers.

19.0 INFORMATION AND COMMUNICATION TECHNOLOGY

19.1 Rent

The National Social Security Fund entered into a Tenancy Agreement as the

Landlord with the Uganda Land Commission to have the Ministry of

Information and Communication Technology rent space on 4th floor

effective from 1st October 2006. Total monthly rentals was Shs.21,977,264.

As at 30th June 2007 rent arrears had accumulated up to Shs.197,795,376

(Nine months rent).

It was however noted that although the tenancy was effective 1st October

2006, the partitioning of offices only started in February 2007 and

completed on 12th March 2007. This implies that for 6 months up to end of

March 2007 the Ministry was incurring rent yet it was not utilising the

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office. I consider Shs.131,863,584 rent incurred for six (6) months

nugatory.

Furthermore although the Standing Committee of Parliament on ICT had

objected to the Ministry moving to NSSF House on the grounds that the

rent is too high, management went ahead and moved. Moreover even the

Top Management meeting held on 3rd November 2006 had recommended

that the Accounting Officer seeks permission from the Committee. There

was however no evidence that permission was granted. It is not clear why

the Ministry left a free building to take up the payment option.

During discussions the Accounting Officer stated that the new Ministry

needed accommodation which was centrally located and he attributed the

accumulation of rent arrears to delays in Treasury releases. It is however

incumbent upon the Accounting Officer, to ensure that a discussion is held

with the Landlord, who is a government entity on the way forward for the

six months that the office space was vacant to avoid total loss of the

Shs.131,863,584.

I await further action by the Accounting Officer.

19.2 Use of Recurrent Funds for Development Expenditure

Out of Shs.178 million paid for partitioning of NSSF House, 4th floor Ministry

offices, only Shs.71 million was paid from the capital development budget

while the balances of Shs.107 million was financed from the recurrent

budget without any evidence of approval to re-allocate funds as required.

The Accounting Officer explained that there were court threats and he had

to pay to avoid further costs. I informed him that it is important to

maintain budget discipline.

19.3 Employee Costs

During the audit of the payrolls for April, May, and June 2007 the following

issues were noted: -

(a) Establishment

Although the established members of staff approved by the Ministry

of Public Service are 110 staff only 37 have been filled as at the time

of writing this report. The Ministry is currently under staffed. This

may lead to delayed implementation of the organisational goals.

(b) Lack of Acknowledgment Receipts for PAYE Deductions

Shs.9, 666,401 deducted as PAYE from employee’s salaries had not

been acknowledged by the tax authority as indicated below. There

is a risk that funds may not reach the intended beneficiary.

PAYE Deductions

Month Amount Comment August 2006 September 2006 January 2007 March 2007 April 2007

922,5461,016,0802,240,0002,713,1822,774,593

Receipt not seen No Schedule seen Receipt not seen Receipt not seen Receipt not seen

TOTAL 9,666,401

The Accounting Officer promised to liaise with Uganda Revenue

Authority for the receipts, but by the time of writing this report, no

such evidence had been availed.

The Ministry should expedite recruitments and regularisation of staff

to fill up the vacant posts to enable pursuit of its objectives.

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20.0 LOCAL GOVERNMENT

20.1 Re-development of the Nakawa and Naguru Housing Estate Following the Kampala District Structure Plan published in 1994, the

government of Uganda through the Ministry of Local Government started

the process of redeveloping of the 66 hectares of land occupied by Nakawa

and Naguru Housing Estates into a modern satellite town. The Ministry

together with a hired consultant identified a developer to undertake the

development of the estate. Open Prime Properties Limited emerged the

best bidder and a Public Private partnership was entered into with the

government of Uganda giving the developer all the financial, technical and

operational obligations and risks in the design, financing, building and

operation of the project. Further the Government signed a Memoranda of

Understanding with the sitting tenants to allow the implementation of the

project.

It was however noted that to date the project has not taken off. The

project was halted pending resolution of disputes with the tenants who filed

a case against the Government over evictions and land ownership.

Meanwhile part of the land has been allocated to other private developers.

With a running contract with the developer and amounts already spent for

hiring consultants, government is urged to resolve the impasse to avoid

litigation for breach of contract and nugatory expenditure.

20.2 Travel Abroad Payments totalling to Shs.43,158,940 made to facilitate various officers to

undertake official travels abroad were not supported by proper

accountability. In the absence of the used air tickets coupons or any other

supporting documentation I could not confirm that the journeys were

undertaken and thus expenditure incurred for the intended purpose.

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I advised the Accounting Officer to enforce timely accountabilities for the

funds advanced to officers for travel abroad.

20.3 Items not taken on charge Examination of accounts revealed that items worth Shs.5,158,720 had not

been taken on charge contrary to the stores procedures which require that

all purchases have to be taken on charge before being put to use. The

practice could be a result of laxity by management to enforce adherence to

stores management procedures which could lead to payment for goods that

have not been delivered. I was therefore unable to verify whether the items

had been delivered and used by the Ministry.

21.0 TOURISM, TRADE AND INDUSTRY

21.1 Stores Weaknesses were noted in stores management procedures. Proper

procedures require that the stores ledgers are updated whenever items are

received in the stores. It was however noted that in most cases items are

not taken on charge and ledgers are not updated. This makes it difficult to

ascertain whether items were actually delivered and used. Items delivered

are not witnessed by a responsible official, as required. This is partly

attributed to lack of store cadres. It was noted that the Ministry does not

have stores cadres to run its stores. Stores are being run by a Senior

Records Officer of the Ministry Registry. The stores management function

should be strengthened by recruiting the right staff who will manage and

streamline the stores records.

21.2 Un accounted for advances Treasury Accounting Instructions, require that before approving an advance

to staff the previous advances must be accounted for and that the

advances must be accounted for immediately after the expense has been

incurred. It was however noted that during the period under audit,

operation advances of Shs.10,887,750 remained un-accounted for.

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The Accounting Officer should follow up the accountability in case of failure

to account recoveries should be instituted in accordance with regulations

21.3 Procurement There were cases where the Ministry made procurements which did not

fully comply with the established Procurement Regulations. For example,

• Shs.99,398,637 was paid to a supplier as part payment for the

supply of two vehicles, one for AGOA Secretariat and another for the

Ministry. The use of the direct method of procurement in this case

was not properly authorised.

The Accounting Officer explained that initially the Ministry had

advertised for 2 vehicles. Bids were received and evaluated but

additional needs came in for purchase of additional 2 vehicles. Due

to limited time left to the close of the financial year, a decision was

made to use the two firms that had already been evaluated.

• Shs.5,099,999 was paid to a firm for the supply of one executive

office furniture. However a review of the procurement process

revealed that the method used of direct procurement was not

approved by the contracts committee in contravention of the PPDA

Regulations.

The Ministry should follow proper procurement procedures in future

to ensure more transparency and value for money.

21.4 Uganda Wildlife Education Centre Trust (UWEC) Project

(i) Land Title

Included in the schedule of land and building, is land of

approximately 704,235 square meters at a value of

Ug.shs.8,450,820,000. However, the Center did not provide me with

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copies of the land titles. It was therefore not possible to certify the

true ownership of this land and the justification of including this

figure in the accounts. I have advised management to make all

possible efforts to acquire the title of this land.

In his response, the accounting officer indicated that currently, the

Uganda Land Commission holds the land in trust for UWEC.

However, the issue is still under review by UWEC Board and the

Ministry of Tourism Trade and Industry.

(ii) Going Concern

It was noted that GEF/PAMSU might not continue providing financial

support towards UWEC operations. This implies that the institution is

likely to face going concern problems. I have advised the accounting

officer to seek for alternative sources of finance to minimize the

effects resulting from GEF/PAMSU winding up its support programme

with the institution.

In his response, the accounting officer has indicated that UWEC is

57% self reliant as at 30th June 2007, from 20% in 2005. Therefore

UWEC is steadily moving towards self-sustenance through cost

control and creation of more revenue earning ventures. Capital

projects like the new front office, the pier, are some of the efforts.

The Government of Uganda has been approached and has expressed

willingness to provide capital to enhance UWEC’s revenue base.

21.5 Protected Areas Management and Sustainable Use Project (PAMSU) A contract between UWA and M/S Gauff Ingenieure, Gmbh & Co. KG JBG of

Ug.shs.236,160,048 signed on 19th June 2006 for consultancy services

exempts the consultants from any form of taxes, duties, levies and other

impositions arising.

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However there is no evidence to show that the tax exemption was

approved by the Ministry of Finance, Planning an Economic Development.

Accordingly withholding tax amounting to Ug.shs.35,424,007 was not

deducted from payments made to the consultants. This implies that UWA

did not comply with tax law and risks being penalized by the relevant

statutory body.

In his response, the accounting officer explained that he had noted the

anomaly with concern and promised to discuss the implication with the

consultants with the view of rectifying the problem in order to comply with

the statutory requirements.

22.0 ENERGY AND MINERAL DEVELOPMENT

22.1 Support to the Energy Fund Account The Energy fund account operated by the Ministry was not disclosed in the

accounts. It was noted that Shs.50 billion was appropriated and released to

the Ministry to cater for taxes under Support to Energy Fund. The amount

was subsequently transferred to Treasury under the Gross Tax Payment

System. However there is lack of clarity on who is responsible for

managing the energy fund. Ministry of Finance currently appears to be

managing the programme.

The operations of the Energy fund should be streamlined by way of a legal

framework and operational guidelines (Regulations).

22.2 Non Deduction and Remittance of P.A.Y.E. Pay As You Earn amounting to Shs.100,799,000 was not recovered from

ex-gratia payments of Shs.341,400,000 made to Ministry staff for their

contribution to the discovery of oil as required by the Income Tax Act.

Statutory deductions should always be promptly made and remitted to the

responsible authorities.

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The Accounting Officer explained although the Ministry requisitioned for the

whole amount including the P.A.Y.E. the Ministry of Finance released only

the net amount and that the Ministry had been notified.

22.3 Non-Payment of Hospitality Fees The Ministry charges hospitality fees for storage of non- Government fuel in

her Jinja Storage Tanks. However, it was observed that one of the oil

companies had not paid hospitality fees to the tune of Shs.90,000,000 in

respect of Diesel stored in the tanks and supplied to Aggreko International

Projects Ltd to produce thermo power. No explanation was provided by the

Ministry for its failure to collect the above revenue. The revenue was also

irregularly omitted from the statement of arrears of revenue in the financial

statements.

The Ministry is advised to follow up the matter with the oil company.

The Accounting Officer explained that although the oil company was billed

for the storage, it was still negotiating with Aggreko to meet the bills since

Aggreko had negotiated with Government to offer free storage facilities for

its fuel. This is why the bills have not been included in the statement of

arrears of revenue in the accounts.

22.4 National Oil and Gas Policy The Ministry has been exploring petroleum in the areas around Lake Albert

along the Uganda-Congo border and it was recently confirmed that there is

a potential for commercial production.

Upon this confirmation, the Ministry came up with the National Oil and Gas

Policy for Uganda, whose goal is to use the country’s oil and gas resources

to contribute to early achievement of poverty eradication and create lasting

value to the society.

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The scope of the policy covers all the upstream (including promotion,

licensing, exploration, development and production) midstream activities

which include transportation and refining of crude oil and gas and

downstream activities which include distribution, marketing and sales. It

also includes relevant comments on the cross cutting issues regarding

managing the social and economic impact of oil and gas activities of the

economy and management of revenues accruing from oil and gas policy

resources.

However, the policy formulation process and the enactment of the

comprehensive enabling law has been slow despite the high speed of

developments in this sector.

It is recommended that the Ministry follows up the enactment of a

comprehensive National Oil and Gas policy into law.

22.5 Licensing Fees for Oil Exploration The Ministry expects to collect revenue in form of signature bonuses

(licensing fees) from about seven exploration firms estimated at about US $

800,000 out of which US $300,000 relates to the year under review.

Signature bonuses for 2004, 2005 and 2006 were estimated at US

$200,000, US $300,000, and US $300,000 respectively.

The Accounting Officer has been requested for an update on the

performance of this revenue source. A report is awaited.

22.6 Extension of Oil Pipeline A total of Shs.150,000,000 was spent on travel and meetings/workshops in

preparation for the extension of the oil pipeline from Eldoret (Kenya) to

Kampala (Uganda) through a joint venture between the Kenya/Uganda

Government and a private company. Records indicate that the

shareholding will be in the ratios of 24½% for each country and 51% for

the private company.

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The Accounting Officer stated that the governments of Kenya and Uganda

selected the private company as the investment partner to develop the pipe

line project. It was assigned with the responsibilities of selecting of the

pipeline route, carrying out engineering design and environmental impact

assessment, preparation of all agreements and project documents and

seeking legal financing for the project. It was also indicated that when the

above responsibilities are successfully completed, the three parties will take

the final financing investment decision, incorporate the joint venture and

the equity share distribution.

However I have indicated to him that the progress appears to be slow

despite the importance of the project to the country. An update on the

progress made on the implementation is awaited.

22.7 NORAD Support to Strengthening The State Administration of the Upstream Petroleum Sector in Uganda

(i) Ineligible expenditure

It was noted that a total of Shs.14,577,500 was spent on

administrative costs, contrary to article IV section 2 & 3 of the

Financing Agreement. The Agreement specifies that all

administrative costs are the responsibility of the Government of

Uganda. This implies that the above expenditure was ineligible for

payment using donor funds.

Management explained that the funds were requisitioned for and

duly refunded using resources from the Government and that from

that time onwards all costs are paid by the Government. I have

requested him to avail evidence of refund.

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(ii) Engraving of Assets

It was noted that some assets were not engraved with the project

name and unique identification numbers. For example the following

assets were not engraved:-

Asset name

Server and storage tape

Dell power vault

Gas chromatography

This makes it difficult to identify the items in case of loss.

Management explained that this was an oversight and would be

addressed.

(iii) Fixed Asset Register

It was noted that the Project does not maintain a fixed asset

register. The project should maintain an asset register with the

relevant asset details.

Management promised to have one opened.

(iv) Bank Reconciliation Statements

It was also noted that although bank reconciliation statements are

prepared they are not checked by a senior official. This can result

into errors and omissions going undetected.

Management explained that the lack of authorization was an

oversight and promised to have all the reconciliations endorsed by

the Programme Manager.

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22.8 Sustainable Management of Mineral Resources Project (IDA CREDIT NO.CR.3835-UG; ADB GRANT NO. 2100155003467 And NDF Credit Number 427)

(i) National Social Security Fund (NSSF Contributions)

Although deductions in lieu of NSSF contributions by project staff

were effected from staff salaries, these were not always remitted to

NSSF. Audit noted an amount of Shs.3,759,146 for eight months not

remitted.

In addition the employers’ contribution of 10% was also not made

during the year under review. The practice contravenes the

requirements of the NSSF Act.

Management explained that this was due to the affected staff not

having NSSF numbers. Project Management is advised to adhere to

the provision of the NSSF Act.

(ii) Pay As You Earn (PAYE)

PAYE totalling Shs.15,784,178 were effected from staff salaries but

were not remitted to URA.

According to section 136 of the Income Tax Act, the practice can

attract interest and penalties.

Management explained that arrangements were being made to remit

these funds to URA. Management is advised to adhere to the

requirements of the Income Tax Act.

(iii) NDF funding

According to the financing agreement, the project was to be funded

as follows:-

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Source Amount (UA) Percentage

IDA 17.37 58.6

NDF 4.86 16.4

AFDB 5.35 18.0

GoU 2.08 7.0

TOTALS

29.66 100

However, it was noted that although the project is in its 3rd year of

operation it has not yet received any funding from the Nordic

Development Fund and this may affect the rate of implementation of

project activities.

Management attributed it to delays arising from lengthy procurement

procedures and reviews.

(iv) Fixed Assets Management

The following fixed assets procured by the project were not included

in the fixed assets register:-

Kyocera copier km 3035 S/N AJK 3109972

2 Refrigerators GR-231, GR-221

Ergonomic Leather arm chair.

6 Air conditioners.

In the absence of a complete fixed assets register it becomes

difficult to monitor the use of the project assets.

Management is advised to ensure that in future the fixed assets

register is kept up-to-date.

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(v) Project Staffing

It was noted that the following key staffing positions specified under

section 4.1 of the Project Implementation Manual (PIP) were not

filled during the year:-

Deputy Project Coordinator

Project Accountant

Procurement Specialist

Failure to fill all the relevant staffing positions can affect the rate of

delivery of project out puts.

Management explained that recruitments were to be discussed

during the mid-term review of the Project. Management is advised to

ensure that all the required staffing positions are filled.

(vi) Procurement

Delayed settlement of an invoice – GOU funding

It was noted that was paid US$1,351,738.65 to a company in

respect of Airborne Geophysical Survey over selected areas of

Uganda from the IDA account. However, this amount represents

90% of the invoice amount (US$1,501,931.83), the balance of 10%

was supposed to be paid from the GOU counterpart funds. However,

this had not been settled by the time of this audit (November 2007)

and may therefore attract a fine of 10% as provided under section

6.5 of the conditions of contract.

Management explained that arrangements were underway to pay

the 10 % to the consultants this financial year.

(vii) Status of Implementation of Project Activities

Delayed implementation of activities:-

It was noted that the following activities included in the work plan

for the year under review were not undertaken during the year:-

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• Air borne Geophysical Data Processing and Interpretation,

• Design and Construction Supervision of civil works under SMMRP,

• Restoration and Establishment of Laboratories rock storage, rural

training centers and Uganda National Seismological network,

• Establishment of GIS Internet/ Intranet,

• Review and Enhancement of the Legal and Regulatory

Framework,

• Consultancy for establishment of a Modern Documentation

Centre,

• Consultancy for Design of Mining Cadastre and Registry System,

• Management and Coordination of small Grants Programme,

• Design of Institutional Model for DGSM,

• Geological Mapping, Geochemical Surveys and Mineral Resources

Assessment (funded by NDF),

• Geological Mapping, Geochemical Surveys and Mineral Resources

Assessment (Funded by IDA),

• Establishment of a Minerals Promotion Unit,

• Establishment of Environmental and Social Management

Framework,

• Consultancy for Management of Mineral Resources by

Communities,

• Consultancy for Monitoring and Evaluation of SMMRP,

• Consultancy for Decentralization of Mining Taxes

Failure to accomplish all planned activities may necessitate extension

of the project life which may lead to extra administrative costs.

Management attributed the delay to lengthy bureaucratic procedures

that require procurement to be subjected to Government and then

Bank procedures some of which are not under the direct control of

the PCU.

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23.0 GENDER, LABOUR AND SOCIAL DEVELOPMENT

23.1 Unapproved expenditure A sum of shs.741,113,254 was incurred on three budget lines item over

and above the approved budget as follows;

Item Amount of over expenditure

Employee costs 16,329,708

Goods and services 389,947,706

Grants paid 334,836,840

Total 741,113,254

Expenditure in excess of approved appropriation may be an indication of

breakdown of controls over budgetary expenditure. The Accounting Officer

explained that the over-expenditure was due to rent and utilities

consumption, workers compensation and transfers to other organisations.

She added that the accumulation of arrears was due to difficulty in

matching the level of activity with the limited MTEF provided by Ministry of

Finance. She also attributed it to increase in tariff rates for utilities.

I advised the accounting officer to regularly carry out trends analyses so as

to make proper estimates and to provide authority for re-allocation.

23.2 Procurement of motorcycles and bicycles

Out of Shs.257,577,992 requisitioned from ministry of Finance for

procurement of motorcycles and bicycles for the national youth council,

Shs.152,967,992 was accounted for leaving a balance of Shs.104,610,992

unaccounted for.

It was also noted that although forty (40) motorcycles were signed for at

the Ministry headquarters, there was no confirmation of receipt by the

districts. Similarly out of 700 bicycles, 604 were allocated to the districts

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leaving 96 bicycles worth Shs.9,120,000 un-accounted for. The Accounting

Officer explained that some of the funds were used to support operations

of the National youth council and for nationwide distribution of the bicycles

and motorcycles. However supporting documents were not availed for

verification.

23.3 Purchase of Air Tickets

In my last report, paragraph 2, I brought to your attention irregularities in

the purchase of air tickets for the officials’ travel abroad. In the year under

review, a total of Shs.82,397,962 was paid to the travel agent as at June

2007. However the outstanding bill of USD 16,730 as at June 30th 2007

from a Tour company was not reflected in the accounts and neither were

the supporting documents availed for verification. In response management

stated that the bill was not included in the payables because of pending

reconciliation with the service provider then.

It is recommended that the bill be subjected to an investigation to establish

its genuineness.

23.4 Unaccounted for Advances A sum of shs.23,698,000 advanced to various chief administrative officers

and an individual to perform official activities remained unaccounted for as

follows:-

Payee Amount(shs)

CAO - Arua 4,400,000

CAO - Katakwi 4,200,000

CAO - Kumi 5,000,000

CAO – Kabale 3,118,000

George Ochieng 6,980,000

Total 23,698,000

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Non accountability for public funds may imply that funds were not put to

proper use. In response the accounting officer explained that a directive

had been issued to officers to account. I await for the accountability.

23.5 Support To The Establishment Of The Equal Opportunities Commission Programme (SIDA Funded)

(i) Counterpart Funds

According to the Project workplan, the Government of Uganda was

supposed to contribute shs.50,000,000 for the period under review.

However, only Shs.5,000,000 was released leading to a shortfall of

Shs.45,000,000. This resulted into failure to implement the following

activities included in the workplan:-

• Translation of the 4 legal Rights materials into 6 main dialects for ease

of use by the population.

• Printing of 10,000 copies of the National Equal Opportunities Policy.

• Launching and validation of the data bank on Ethnic minorities.

• Dissemination and sensitization of the Public on the EOC Act.

• Validation and launching of the human rights mainstreaming strategy

into 5 PEAP Priority areas of water, health, education, agriculture, roads

and works.

• Recruitment of the Members and technical staff of the EOC.

• Completion and launching of the Action Plan on the National Equal

Opportunities Policy.

Management explained that this was due to budgetary cuts and a

constrained ceiling by the Ministry. It was also explained that the Ministry

of Finance, Planning and Economic Development had thereafter issued a

certificate of financial guarantee equivalent to 3.56 billion for the first 3

years of establishment of the EOC.

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(ii) General Standards Of Accounting And Internal Controls

Fixed Assets Management

It was noted that the fixed asset register was not up to date. The motor

vehicle Toyota Hilux, double cabin no UG 0182 Y had not been entered in

the register at the time of this audit in July 2007. In the absence of an up-

to-date fixed asset register, it becomes difficult to verify the existence of

the project assets.

Management explained that entries were to be made to the fixed Assets

Register.

23.6 UNFPA Funded Projects

The following is a summary of the audit findings, implications and

recommendations on some of the control weaknesses identified during the

audit of the three Projects funded by United Nations fund for Population

Development (UNFPA).

23.6.1HIV/AIDS Component – UGA6R208 Project

(i) Activity Reports

It was noted that although activity reports are prepared on execution of

activities there was no evidence that a senior independent officer reviews

the reports to confirm work done. Control over activity performance and

output may not be effectively done. It was recommended that activity

reports be reviewed by an independent officer, and evidence of review be

indicated in these reports.

Management explained that activity reports are being reviewed and signed

by the Project Coordinator, who then forwards them to the Permanent

Secretary.

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Management has been advised to have the documentation ready for my

next audit.

(ii) Refund of Unspent Money

It was noted that although a declaration of unspent funds had been made

in Form D, there was no evidence that the funds (Shs.2,303,1200) had

been remitted back to UNFPA. It was recommended that the letters of

understanding be adhered to with respect to unutilised funds.

Management explained that the process to refund the money was

underway although delayed.

23.6.2Gender Mainstreaming – UGA6G103 (i) Adequacy of the Management Structure

The management structure in place is an old structure relating to 2006.

Lack of an up-to-date management structure may lead to the project being

assessed on the basis of false information. Project management should

endeavour to have an updated management structure.

Management explained that the structure will be updated to give an

accurate reflection of the current status.

(ii) Activity Reports

It was noted that although activity reports are prepared, there was no

evidence that a senior independent officer reviews the reports to confirm

work done. I recommend that activity reports be reviewed by an

independent officer, and evidence of review indicated in these reports.

Management explained that reports are submitted to project oversight

managers (Head of Department/Commissioner Gender and the Director

Gender). However, the reports are not signed or stamped as reviewed by

the oversight managers. This will be addressed.

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(iii) Refund of Unspent Money

It was noted that although a declaration of unspent funds had been made

in Form D, there was no evidence that the funds (U.Shs.4,646,867) had

been remitted back to UNFPA. It was recommended that the Letters of

Understanding be adhered to with respect to unutilised funds.

Management explained that funds are to be refunded to UNFPA after audit

verification exercise.

(iv) Accountability Documents for Withholding Tax Payments

At the time of the audit some receipt documents for withholding tax

payments were not available for verification. Without supporting documents

for payments made, there is no evidence to verify that withholding tax was

actually paid. Copies of tax payments advice should always be attached to

payment documents.

Management explained that all URA receipts are kept in a central

depository in the Accounts Section and that the officer responsible was not

available at the time of the audit exercise.

23.6.3SGVB Project 102 (i) Adequacy of the Management Structure

The management structure in place is an old structure relating to 2006.

Lack of an up to-date management structure may lead to the project being

assessed on the basis of false information. Project management should

endeavour to have an updated management structure.

Management explained that the structure will be updated to give an

accurate reflection of the current status.

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(ii) Refund of Unspent Money

It was noted that although a declaration of unspent funds had been made

in Form D, there was no evidence that the funds amounting to

Shs.1,441,5500 had been remitted back to UNFPA. It was recommended

that the Letters of Understanding be adhered to with respect to unutilised

funds.

Management explained that the funds are to be refunded to UNFPA after

verification by Audit exercise.

(iii) Accountability Documents for Withholding Tax Payments

At the time of the audit some receipt documents for withholding tax

payments were not available for verification. Without supporting

documents for payments made, there is no evidence to verify that

withholding tax was actually paid. Copies of tax payments advice should

always be attached to payment documents.

Management explained that all URA receipts are kept in a central

depository in the Accounts Section and that the officer responsible was not

available at the time of the audit exercise.

24.0 UGANDA POLICE

24.1 Construction of Police Forensic Laboratory at Kiswa Police Station Land situated at Bugolobi Plot 142 -162, Spring Road

A local construction company was contracted to handle Phase 1 of (re-

roofing) of a project for construction of a modern forensic laboratory at

Bugolobi at a contract sum of Shs.99,283,427. A total of Shs.43,723,149.94

was subsequently paid against Certificate No.1. It was however noted that

although the previous roof was removed by the contractor, the structure

was not re-roofed as per contract. Instead the firm made variations to the

original contract that was above the required threshold of 15% by the

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PPDA citing poor structural works. Due to financial constraints,

management changed the plan and decided to instead have the laboratory

constructed at Ntinda. Accordingly, another contractor was identified who

would have the forensic laboratory and the Quartermaster constructed on

Police land in Ntinda under a swap arrangement. The Shs.43 million so far

appears to have been wasted.

It was further noted that the land at Bugolobi (Kiswa Police Station)

estimated to be 5.98 acres on which the project was going to be

constructed is not fenced and much of it has been encroached on by

private developers leaving only 3.724 acres. The value of this land and

property on it has been valued at Shs.2,937,400,000. The Police Force is in

the process of leasing it to a private developer in exchange for a turn key

project at Naguru.

In her response the Accounting Officer explained that construction of the

laboratory at Bugolobi was halted due to poor structural works which had

to be rectified but due to limited funds the works could not be carried out

as planned. She also added that they were in the process of having the

boundaries of Bugolobi land opened to assist them investigate how the land

was encroached.

24.2 Ntinda and Naguru Barracks

(a) Land An inspection of the Police Housing Estate revealed that the Police

Department owns 180 acres of land that comprise Naguru Police College

(100 acres), Police Airstrip (62.0 acres) and other 18.39 acres on which

quarters are constructed. However, although the title is still intact with no

sub-divisions, records indicate that part of the land was given out to

UNAFRI by Government upon its establishment in 1989. It was further

noted that there is ambiguity regarding the boundaries of the land offered

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to UNAFRI. The disagreement between the Police Force and UNAFRI has

not yet been resolved for a long time despite the intervention of the

political leadership. It was also noted that part of the purportedly

allocated land to UNAFRI is being used by a Private Company dealing in car

business.

I have advised the Accounting Officer to have the matters of disagreement

resolved to allow the Police Force plan properly for the redevelopment of

the land.

(b) Naguru Barracks

This has structures with tiled and asbestos roofs which are mainly occupied

by the Mobile Police Patrol Unit. The buildings are all in a dilapidated state

with most of the tiles falling off. The Barracks Administration has lost

interest in this unit.

Twelve of the Senior Officers buildings were part of the units given to

UNAFRI. However the units appear not to be fully occupied as some of the

units were being occupied by private individuals other than officers of

UNAFRI.

(c) Ntinda Police Barracks

This comprises a number of housing units with 8 sets of flats units and

uniports located at the airstrip and, Amudat Coy, E-Coy, together with a

new housing estate built under the hydraform project. Most of the houses

are dilapidated with the foundations hanging without verandas. Many units

are actually no longer fit for occupation but are still being occupied. There

is general congestion in the housing estate with officers and their families

sharing accommodation.

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All the housing units have leakages. The characteristic feature evident in

all houses is tar on roof tops and polythene paper supported with stones to

prevent leakage.

(d) Imprest

Ntinda Barrack receives imprest of only Shs.600,000 per month while that

of Moyo District receives Shs.400,000. This is deemed to be inadequate to

handle the many activities including garbage collection, compound slashing,

continuous sewage blockages and office running.

(e) Quarter-Guard and Fence

Most of the barracks do not have a quarter-guard and are not fenced.

There are a lot of trespassers, who pose a security risk as well as risk of

theft of Police and staff property. This was observed at Ntinda Barrack and

others around the country.

(f) Police Airfield

What used to be the Police airfield at Naguru is no longer one. It is now an

open area with very deep potholes. No clear reasons were given for

abandoning such a very important facility.

(g) Sewage System

The sewage system broke down long ago at Naguru and Ntinda Barracks.

The system has leakages in most parts of the barracks and is now a health

hazard.

A septic tank that had been dug sometime back has never been completed

and this poses a risk to staff children and school children in the vicinity. It

is not known why the septic tank remained incomplete.

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(h) Self-Help Projects

It was established that a number of Police Officers at Naguru barrack have

constructed their small units from mud and old iron sheets without any plan

and this has made the whole barracks appear like a slum in the middle of

town. The situation is worsened by a number of pit latrines which are

constructed through self help basis by officers without any plan. The living

conditions in Naguru barracks are so pathetic that an intervention is needed

to avert a possible epidemic.

The Accounting Officer explained that the construction of several pit

latrines was a result of the breakdown of the sewer system but plans were

under way to overhaul the sewerage system and then dismantle the pit

latrines.

(i) Land Encroachment

Most of the land to the Northern part of the Naguru barrack has been

encroached on by private developers. The encroachers have erected

permanent structures without the knowledge of Police Administration.

There is a need to open up the boundaries using the old land title which

has no single encumbrance. There is need for a conclusion on Naguru. It

is important that the anomalies raised following this inspection be

addressed.

24.3 Inadequate Fire Brigade Services

The Fire Brigade Department is charged with a responsibility of emergency

handling of fire outbreaks and promoting community safety in the country.

It was however noted that despite its critical importance, emergency fire

and rescue services coverage in the country is poorly funded. There are

only eight operational but poorly equipped fire stations in the country,

leaving most of the areas namely; Kasese, Kabale, Arua, Gulu, Lira, Soroti,

Moroto, Lugazi, Mubende and Kitgum without such services. Several fire

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accidents have taken place in these areas and a lot of property and lives of

people lost because of lack of fire brigades in these areas.

The funding for the department is too low to allow it operate effectively.

For instance the Head Office receives Shs.500,0000 per month as imprest

to cater for general office running, servicing of generator as well as

maintenance of barracks and fire fighting equipment. The fire fighting

equipment requiring repair are just heaped in the store which is dilapidated

and also serves as the dormitory and classroom.

There is inadequate protective clothing as the last batch was last bought in

1998. There are no gloves, helmet, face masks and neither are there

breathing apparatus. The turn table ladder truck at headquarters bought in

1982 is now too old and both the fire tender and water tanker are

grounded.

The Accounting Officer explained that the fire brigade services is a direct

responsibility of the Local Governments according to the Local Governments

Act but the Uganda Police Force will continue offering the services until the

law is harmonised.

24.4 Inspector of Vehicles Testing Centre (IOV Office)

The Centre is located at Jinja road adjacent to Naguru Police barracks. Its

main function is to test drivers, test vehicles that get involved in accidents

for road worthiness, and general inspection of vehicles. The following

were my observations:-

• The available structure was constructed in 1956. No renovation or

painting has been done for a long time. There are cracks visible all over

the building including the foundation and the roofs are also leaking.

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There is stench coming from the ceiling as a result of infestation by

bats.

• The IOV has no inspection equipment, neither does it have a wheel

balancing machine, alignment machine or headlight testers and the

officers just view the vehicle from the inspection pit. Therefore, the

inspections are done without the aid of specialised equipment meant for

the purpose. This poses a risk of passing vehicles that are defective

which may also create other risks to other road users.

• The parking yard was full of accident vehicles and some of the vehicles

had been parked for more than seven years. Some vehicles came in

without any records being made. These vehicles are kept until the cases

are concluded by police. Disposal of these vehicles is still difficult

because it requires the traffic department to apply for a court order

after having advertised in newspapers for vehicles liable for auction.

• The office is currently located on the land estimated to be 2.5 acres with

a dilapidated fence, but with no land title. There are plans to have this

land swapped with another developer and the IOV section to be

relocated to Kigowa area, near the northern bypass.

The Accounting Officer explained that management is in the process of

developing a policy for trade in arrangements for turn key projects in

respect of prime land to enable the force provide decent accommodation

for its personnel.

24.5 Irregularities in Salary Payments

A test check on the police payroll revealed that the force personnel raised

several complaints regarding the salary payments. The complaints included

among other things non payment of salary since recruitment into the police

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force (especially for Local Administrative Police), underpayments after

promotions and deletion from payroll on transfer to other sections.

The Accounting Officer explained that they were updating the personal

records of the affected staff and she attributed the delays to the payroll

clearing exercise.

24.6 Audit Inspection Moyo, Lira, Kitgum, Masindi, Nebbi, Arua and Gulu district Police Stations

(i) Accommodation

All the police barracks visited are in dire need of renovation as some of

them have never been renovated since the colonial period and are in a

dilapidated state.

Most of the asbestos roofs are leaking and are held together by stones to

prevent them from being blown off by wind. A few units in Gulu have had

their roofs replaced with iron sheets. In Pader, the officers have

constructed temporary structures being a newly established district station.

The water and sewerage system in all the barracks is no longer functional.

(ii) Office Equipment

All police stations inspected lacked adequate office equipments. For

example, in Moyo District, there is no computer and the manual typewriter

which was in use was also defective. In Nebbi and Arua, there is neither a

fax nor a computer even the radio equipment in use was not functional.

(iii) Imprests District Police Commanders are given imprest of Shs.400,000 per month to

cater for general office running i.e. maintenance of barracks, the medical

department, stationery and general staff welfare. The funding appears to

be too little for efficient and effective management of the district stations.

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Although imprest is meant for daily office operations, it is also used for civil

works like construction of pit latrines and purchase of replacement doors

for the housing units.

(iv) Transport Transport was also a major problem to all stations visited. All vehicles in

use are very old and cannot be used for major operations given the bad

road network in the region and are over due for boarding off. However, of

late some districts are now being facilitated with some bicycles and

motorcycles although the number is still not adequate.

(v) Staffing The staffing levels are very low. Moyo District, for example, comprises of 6

police posts and 1 police station. The district has many refugee settlements

and a population of about 267,000 people but is managed by three staff

members per outpost. This has led to each outpost having only one

policeman while some outposts are run by SPCs. There is also a need to

open another police post in Afoji near the immigration point where a police

post once existed.

Delays in payment of salaries were also noted during inspection. For

example, in Masindi, Nebbi and Arua, by the time of our visit, salaries for

Special Police Constables were in arrears of 3 months, a situation which

demotivate staff. The Accounting Officer explained that this is a general

problem with all the police establishments, mainly arising from under

funding of the budget. She also added that they will review their strategy

to improve living conditions of its personnel upcountry.

25.0 UGANDA PRISONS

25.1 Excess Expenditure The financial statements show that Prisons service incurred expenditure of

Shs.5,613,376,695 in excess of the approved budgetary provisions. This is

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attributed to use of Appropriation-in-Aid at source arising from consumption

of foodstuffs grown at various stations which expenditure is not

appropriated by Parliament.

I did bring up a similar issue to the attention of Parliament in my previous

year’s report paragraph 25.2, but to date, no action has been undertaken

to address it.

In his response, the Accounting Officer promised to take up the matter with

Parliament for regularization.

25.2 Utility Bills A trend analysis for water bills for the main tank at Luzira Prison between

the month of July, 2006 and April, 2007 revealed an increased water

consumption of 100%. This was caused by the excessive leakage that had

been going on for four months uninterrupted, leading to the administration

incurring an extra Shs.200 million on water bills. Similarly, the consumption

of electricity appeared to be on the high side. For instance, between July,

2006 and May, 2007 the bill for electricity alone amounted to

Shs.1,916,117,375. This was attributed to uncontrolled usage on cooking

and lighting.

On the issue of escalating water bills, the Accounting Officer explained that

the Department had undertaken a replacement of the leaking tank with the

assistance from the International Committee of the Red Cross which has

drastically reduced the average consumption back to normal. He further

explained that mitigating measures such as use of energy bulbs and stoves

was being sought.

Proof as to whether mitigating measures had been undertaken and seen to

be working is awaited.

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25.3 Congestion in Uganda Prisons Available statistics indicate that by July, 2007, the total occupancy of the

Prisons stood at 11,289 inmates against an approved capacity of 9,428

leading to an occupancy rate of 105%. This is as a result of failure by

management to renovate the existing, dilapidated structures throughout

the country and construct new ones.

In his reply, the Accounting Officer explained that through the Justice, Law

and Order Sector (JLOS), the rehabilitation of Prison units along side the

construction of the new ones is being systematically handled.

The Accounting Officer should provide the status report of the

interventional measures being undertaken so as to enable me confirm their

effectiveness in addressing the problem under review.

25.4 Irregular Contractual Works All contracts should follow established procurement guidelines as provided

for by the Public Procurement and Disposal of Public Assets Act. However,

examination revealed that a Letter of Credit was opened in Bank of Uganda

in favour of a local company to the tune of Shs.22,900,000 for renovation

of 7th Street Stores without tendering, bills of quantities and program of

works. This omission could lead to settlement of inflated bills by the

Department.

The Accounting Officer’s explanation that procedures were followed could

not be authenticated due to absence of documentation.

25.5 Irregular Salary Payments Examination of the payroll for the month of October, 2006 together with

the Staff List (Nominal Roll) indicated that a total of Shs.20,267,074 was

paid to individuals under doubtful circumstances such as deserters

(Shs4,553,141), dismissals (Shs.695,183), discharged (Shs.2,068,884),

dead (Shs.7,393,961), retired (Shs.4,004,496) and transferred

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(Shs.1,551,409). However, no explanation was provided to support this

irregular expenditure.

The Accounting Officer should provide clarification for paying persons who

had ceased being staff of Uganda Prisons and evidence that such cases

have so far been deleted from the payroll should be availed for verification.

25.6 Nakivubo Land/Nakasongola Construction Prisons Department swapped its housing quarters at Plot No.33 Nakivubo

Road valued at 1 billion with M/s Namayiba Tea Estates. The terms of the

swap was for the transferee to construct a Prison unit at Nakasongola

equivalent to the value of the property given up. However the following

matters were noted:

The contract was not subjected to competitive bidding contrary to

procurement regulations. There was also no evidence that Prisons

Department participated in the development of the specifications as

exemplified by the low height of the structure which was only 3.9 metres.

In his response, the Accounting Officer explained that the construction of

Nakasongola Prison had been satisfactorily completed and a “value for

value” objective had been achieved. He further explained that all the

necessary procedures in support of the contract had been adhered to

although the above have not been produced for verification.

25.7 Audit Inspections Audit inspections of Bugungu Young Offenders, Bugungu Youth, Bufulubi,

Kitalya, Mubuku, Ruimi, Ibuga, Isimba, Jinja Remand and Jinja Main Prisons

was carried out during June and July 2007 and the following were my

observations:-

(i) Buildings and Infrastructure

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The general state of buildings and infrastructure remained very poor. This

was attributed to the vandalization during the liberation wars of 1979 and

1986.

In his response, the Accounting Officer explained that through the Justice,

Law and Order Sector (JLOS), the rehabilitation of the Prison Units along

side the construction of the new ones was being systematically handled.

A status report of the interventionary measures being undertaken is

awaited.

(ii) Farm Produce Stores

In Bugulubi Prison farm, it was observed that maize grain was being

bartered for milling charges in the ratio of 1:1 leading to a loss of

Shs.12,912,310. Besides, controls over movement of maize out of the

station remained poor.

In his response, the Accounting Officer explained that the practice of

bartering maize for milling charges was as a result of breakdown of the

tractor operated hammer mill that was being used at the station. However,

this financial year, a tractor operated mill is planned to be procured and a

new officer in charge has been posted to ensure store controls are adhered

to.

The procurement of the hammer mill should be expedited in order to curb

the losses currently associated with the barter system of meeting milling

expenses.

(iii) Understaffing

In all the stations inspected, the ratio of uniformed staff to inmates stood

at 1:6 to 1:8 against the recommended 1:3. This issue has always featured

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in my previous reports to Parliament but little progress is being made to

address it.

In his response, the Accounting Officer admitted that understaffing was a

general problem in all prison units. However, to address the problem, 700

Prison Warders/Wardresses had been recruited and are under going

training in the Prisons Training School. According to him this input is

expected to raise the ration to 1:5.

Recruitment of more staff should be encouraged so as to raise the ratio to

the recommended levels.

(iv) Encroachment on the Prisons Land

All the prisons units inspected, did not have copies of land titles to confirm

ownership. Moreover, land purportedly owned was grossly underutilised.

As a result, much of this land has been encroached on and in some cases

allocated by government to the landless people such as the Basongora

Herdsmen. This issue has been featuring in my previous audit reports to

Parliament (refer to paragraph 25.9 of 2003/04, paragraph 25.5 of 2005/06

and paragraph 26.6 of 2001/02), though no action appears to have been

undertaken.

The Accounting Officer explained that following the recommendations of

the Inter-Ministerial Committee of Cabinet, part of Ibuga land was

degazetted to settle the Basongora herdsmen. In all other cases, the

department was in the process of re-surveying the remaining portions and

acquiring their respective land titles.

There is need to obtain land titles to all the land belonging to Uganda

Prisons so as to minimize cases of the rampant encroachment.

(v) Transport and Communication

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It was observed that Katalya and Ibuga prisons did not have any means of

transport, while Jinja Remand had an old lorry and pick up which require

major overhaul or replacement. This had created difficulties in

transportation of prisoners to court and foodstuffs and other essentials to

substations.

The Accounting Officer explained that an arrangement exists where nearby

stations such as Ibuga prison share vehicles with Ruimi and Mubuku prisons

which have brand new Tata Lorries as arrangements are being made to

procure their own.

It is recommended that more funds are provided for procurement of

vehicles to ease the transport problem that the prison units are faced with.

(vi) Welfare of Staff and Inmates

Apart from the inmates of Jinja Main/Remand and Bugungu Prisons who

had been facilitated with an additional pair of uniforms from Non

Governmental Organisations and Well Wishers, the inmates in the rest of

the prisons inspected above had one torn pair of uniforms each.

Furthermore, the prisons staff had one pair of uniforms which was supplied

three years ago which had compelled them to supplement with informal

attire. It was also noted that inmates had to eat in turns as a result of

inadequacy of food bowls and cups. All these are indicators of non-

prioritization of welfare of staff and inmates by prisons management.

The Accounting Officer explained that the department had procured

prisoners and staff uniforms, food bowls and cups to cover all stations.

(vii) Over-payment to a Contractor for abandoned Project

The Prisons department entered into an agreement with a company to

construct buildings at Ibuga Prison farm at a contract sum of

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Shs.517,732,571. Total payments by the time the project was abandoned

was Shs.305,840,813 comprising of advance guarantee of Shs.103,546,751

and three certificates of Shs.202,294,062. However, the following matters

were noted:-

o The advance guarantee of Shs.103,546,751 had not been recovered by

the time the contractor abandoned the project. This, if offset by a total

of Shs.43,073,987 comprising retention of shs.20,198,987 and materials

on site of Shs.23,875,000, would leave an over-payment of

Shs.59,472,764.

o Similarly, the bank guarantee purportedly from Barclays Bank which was

used to obtain an advance of Shs.103,546,751 from prisons was found

to be not authentic.

o The contract was neither tendered nor cleared by the Solicitor General

as required by PPDA Act and regulations.

There is a likelihood of prisons losing Shs.59,472,764 following the

disappearance of the contractor from the site.

The Accounting Officer explained that the over payment of Shs.59,472,764

excluded Shs.26,090,422 from two notable items of recovery on advances

(Shs.20,709,342) and unpaid works on staff houses and wards

(Shs.12,673,000). He further explained that Barclays Bank had been

contacted to verify the authenticity of the bank guarantee and if found

forged, the matter would be referred to Police. On the issue of the Solicitor

General’s clearance, he stated that the contract was approved in line with

PPDA although this could not be verified.

The Accounting Officer should provide a status report and feed back from

Barclays Bank regarding authenticity of the Bank Guarantee and the steps

that have been undertaken to recover the overpayment. Similarly evidence

regarding observance of tender regulations should be produced.

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(viii) Cows Belonging to Private Individuals

Out of 263 cows found at Isimba Prison farm, 184 belonged to

Government, while the other 79 were for private individuals. Some of the

owners of these private cows happened to be prisons senior staff. Meagre

resources of the farm had to be diverted for the treatment and general

upkeep of this private stock.

The Accounting Officer explained that the owners of the private cows had

been directed to remove them from the station, although this is yet to be

verified.

26.0 NATIONAL AGRICULTURAL RESEARCH ORGANISATION (NARO)

26.1 Unappropriated Project Funding A total of Shs.13,393,521,369 was received by NARO from various donors

during the year. It was however noted that only Shs.4,356,846,700 was

approved by Parliament. The balance of Shs.8,856,674,669 is extra

budgetary and lacks Parliamentary authority. This funding caused the

organization to incur excess expenditure outside the Parliamentary

appropriation on various items of expenditure as indicated below:-

Item Budget Actual

Over

Expenditure

Employee costs 11,074,836,000 11,669,877,987 595,041,987

Goods and

Services 8,835,648,700 15,835,209,839 6,999,561,139

Consumption of

property 1,987,117,000 2,208,019,343 220,902,343

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This expenditure is extra budgetary and is an indication of a breakdown

of controls over budgetary expenditure.

26.2 Staff provident fund The organisation runs a staff provident fund where the employees

contribute 5% and the employer 15% of the monthly gross salaries. To

date the fund has accumulated deposits to the tune of Ushs 6.1 billion

which is invested in long term deposits with various banks. Social security

services are a responsibility of the National Social Security Fund (NSSF) in

line with section 7 of the NSSF act CAP.222. Although the act exempts

some organisations/companies from contributing with the NSSF, NARO has

never obtained a Certificate of Exemption to allow it operate its own

scheme. The fund is thus being run illegally and could attract

sanctions/penalties in accordance with the Act.

In his response the accounting officer stated that they were in the process

of registering the scheme under the Companies Act, after which they will

seek for the exemption. I still await the outcome.

26.3 Unvouched Expenditure During the financial year a total of Shs.140,237,559 was transferred to the

Agricultural Research Information Centre: Shs U shs 44,128,199 being in

respect of recurrent while the balance of U shs 96,109,360 was in respect

of development expenditure. The entire release was spent by the end of

the financial year. However, payment vouchers together with their

supporting documentations for payments totaling to Shs 94,498,948 were

not availed for audit.

A review of the bank reconciliation statements revealed 3 cheques

amounting to Shs.8,173,000 drawn from the bank that were not posted to

the cash book while another 3 cheques amounting to Shs.24,400,000 were

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irregularly posted totalling Shs.8,400,000. These transactions need to be

investigated further.

26.4 Unexplained Receipts A review of the bank statement revealed that cash deposits totalling

Shs.6,609,000 had been banked on the centre’s bank account during the

period of January to June 2007. The sources of these funds were not

satisfactorily explained.

26.5 Flouting of PPDA Regulations (i) Procurement of the intercom service at Kachwekano ZARDI

The institutes made a procurement of the intercom communication

system at Shs.33,960,400 from a firm without going through the

normal procurement procedures. Although quotations were received,

requests for the quotations were not formally made in writing.

Besides, quotations were not subjected to formal evaluation and

authority for award was not obtained from a competent contracts

committee.

(ii) Procurement of computer servers

A contract worth US$82,478 was awarded to a local company for the

supply of 22 computer servers. The company supplied servers that

did not meet the specifications that were ordered by NARO.

Whereas the latter ordered for the PE2800 with Processor Bus Speed

of 2x800MHz, the company supplied PE2900 with processor bus

speed of 2x667 MHz which speed, as per the System Administrators

report, was much slower. The same were however received in the

stores and still lack the software for the intended purpose. The

servers (18 in number) still lie idle, more than a year after purchase,

at the headquarters. With the short life span associated with

computer accessories the same are likely to become obsolete before

being used.

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26.6 Unaccounted for funds A total of Shs.31,540,200 advanced to officers to carry out various activities

had not been accounted for by the time of this report. In the absence of

the accountabilities, I could not ascertain whether the funds were used for

the intended purposes or made to the bonafide payees. I advised the

accounting officer to enforce timely accountabilities for advances to

officers.

26.7 Inspections

26.7.1National Cereals Crops Research Institute (NACCRI)

(i) Hire of grain dryer

The institute received a grain drier in 2001 from the IDEA project to

enhance the cereals research activities at the station. In August

2001 an agreement was entered into between the institute and an

individual to hire the drier for a period of two months effective 29

August 2001 at a monthly rate of Shs.300,000. The dryer was

retained by the hirer until February 2008 when it was returned to the

institute. However, the dryer was not functional by the time it was

returned. Management did not demonstrate tangible interest in the

functioning and safety of the dryer, the reason it was abandoned

with the hirer for that long. It was also noted that a total of

Shs.21,600,000 charged for the period has not yet been recovered

from the individual. Management should make efforts to recover the

amount.

The Accounting Officer explained that recovery is being handled by

NARO Legal Department.

26.7.2National Semi-Arid Resources Research Institute (NaSARRI)

(i) Cotton Ginnery

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The institute received a cotton ginnery from the Cotton Sub sector

Development Programme to improve on the efficiency in the cotton

research activities.

The machinery was installed at the station but has not been used/

tested for functionality and still lies idle, depreciating and could have

developed some malfunctions in the process. In such circumstances

the necessity/contribution of the machinery is put to question and

there are also doubts whether proper planning was done prior to the

acquisition.

In his response the Accounting Officer stated that the machine is not

being used due to insufficient power supply at the institute. To run

the machinery would require an additional estimated Shs.40,000,000

to install a transformer. Currently the institute uses the old

machinery for the ginning processes whose attendant says its output

and quality is inadequate.

I advised the accounting officer to expeditiously source for the

required funding to have the ginnery operational so as to avoid loss

of the machine due to depreciation and obsolescence.

(ii) Lease of a plot of land to MTN

During the inspections it was established that the institute had

leased some plot of land to the Mobile Telecommunications Network

(MTN) for erection of a transmission mast within the institute land at

a premium of Shs.2,000,000 and an annual rental of Shs 1,200,000

effective December 2004. By the time of audit no revenue had been

collected. In his response, the Accounting Officer explained that he

was in the process of recovering the money.

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26.7.3National Livestock Resources Research Institute (NaLIRRI) Land encroachment at Lugala substation During inspections it was noted that the land harboring the substation had

been massively encroached upon by the local communities estimated at

over 2,000 house holds, with a trading centre, landing site and market.

The station is not substantially being used by the institute with 10 heads of

animals and no much research activity being carried out.

Management should have the land reclaimed and surveyed to protect it

from encroachers.

26.7.4National Forestry Resources Research Institute (NaFORRI) Hire of Sawmill The institute purchased a mobile circular sawmill to enable it carry out

research demonstrations and some commercial activities. To enhance its

mandate and benefit clients, the Saw Mill was contracted out to National

Forestry Authority (NFA) under a ‘Memorandum of Understanding’ at a fee

of Shs.6,000 per cubic metre of logs harvested and delivered at the mill

site. In addition, while at the NFA, the mill was to be used by the institute

in carrying out logging and saw milling studies.

By the time of this report there was no evidence of collection of revenue

from NFA. Equally, application of the mill for research purposes was not

evident.

27.0 NATIONAL AGRICULTURAL ADVISORY SERVICES (NAADS)

27.1 Background of the Programme

In the fight against poverty, the Government of Uganda put in place the

Poverty Eradication Action Plan (PEAP) as a framework go guide sector

planning. Under PEAP the Plan for Modernization of Agriculture (PMA) was

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designed to provide guidelines for the transformation of agriculture from

subsistence to commercial agriculture.

Consequently, NAADS programme came into being under an Act of

Parliament known as the National Agricultural Advisory Services Act, 2001

as one of the seven (7) components of the PMA. The overall goals of the

programme are to improve the productivity and livelihoods of Ugandan

farmers through the establishment of a farmer-led and contract based

agricultural advisory service.

A programme support document was signed in November, 2001 with the

following donors:-

• The World Bank through the intermediary of the International

Development Agency (IDA)

• The European Union (EU)

• The Netherlands

• The Danish International Development Agency (DANIDA)

• The Irish Aid

• The International Fund for Agricultural Development (IFAD)

An audit of the programme was under taken for the year ended 30th June

2007 and a separate audit report issued. Here below are the summarised

findings that were brought to the attention of management:-

27.2 Secretariat 27.2.1Findings relating to the financial statements 27.2.2Basket Funds Statement

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The Basket Funds Statement does not reconcile with the receipts and

payments accounts in both prior year and current year by shs.40,030,000

and shs.22,121,000 respectively.

This implies that the Basket Funds Statement and Statement of Fund

Balance may not present fairly in all material respects of the Funds received

and expenditure incurred as at 30th June 2007.

Programme management should provide a reconciliation statement

between the Basket Funds Statement and the Receipts and payments

account regularly.

Management has explained that the differences arise from the end of year

balances on the project accounts which were in operation when the

programme was being financed through the project mode. A reconciliation

of the balances on the two statements will be provided to the audit team

for review.

27.3 Compliance with the Memorandum of Understanding and the laws

and regulations of the Government of Uganda 27.3.1Withholding tax

Withholding tax totaling to shs.4,937,650 was not deducted from various

payments to service providers.

This contravenes the MoU and GoU regulations.

Programme management should ensure that all WHT is appropriately

deducted from all applicable expenditure that is incurred.

27.4 Findings relating to the Internal Control System.

27.4.1Verification by the internal auditor

The following expenditure was not verified by the internal auditor:-

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Date Voucher # Amount Payment Details Ushs 20/12/06 Rs 82 9,466,832 Payee on gratuity of Cate Kiisa,

Jenifer, Peter & Barbara 28/05/07 D29 3,384,000 Supply of 45,000 suckers of

pineapples to Butumbule S/C 22/12/06 Rs 81 23,582,436 PAYE for December 2006 13/10/06 Rs 63 4,916,882 Payee on leave pay for Dr Silim

Okecho & Agnes 13/10/06 Rs 62 4,314,368 Payee on Dr. Onyokos gravity 30/10/06 D82 1,410,800 Funds for photo coping print and

binding documents in color. 22/22/06 Rs 38 13,131,633 NSSF contribution for month

December 2006 19/09/06 Rs 106 2,738,510 Loading of fuel cards 19/09/06 R91 3,592,000 Loading of fuel cards

This contravenes the financial management manual guidelines and may

lead to ineligible expenditure being incurred

Programme management should ensure that all expenditure is verified by

the internal auditor before expenditure is incurred.

Programme Management explained that internal audit department endorses

all payments. These isolated cases came because at times the auditors are

out of station undertaking quality assurance in the districts. As a corrective

measure, the vouchers have been passed to the auditors for endorsement.

27.5 Findings relating to compliance with the MoU and other GoU regulations - Districts

27.5.1Co – funding obligations

The following districts did not comply with their co – funding obligations:-

District Expected Co

– funding UGX

Actual Co – fundingUGX

Variance

UGX Abim 4,512,000 1,350,000 (3,162,000) Amolatar 4,427,000 2,500,000 (1,927,000) Bududa 3,097,000 3,030,000 (67,000)

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Busia 5,263,160 1,000,000 (4,263,160) Hoima 7,726,950 5,620,040 (2,106,910) Kabarole 6,155,650 5,875,000 (280,650) Kamuli 8,437,750 1,810,000 (6,627,750) Kasese 4,407,050 - (4,407,050) Kotido 6,050,000 3,356,000 (2,694,000) Luwero 4,479,000 1,030,000 (3,449,000) Lyantonde 2,744,300 2,530,350 (213.950) Manafwa 2,844,500 2,155,500 (689,000) Masindi 3,464,000 2,000,000 (1,464,000) Moyo 4,830,000 1,850,000 (2,980,400) Nakapiripit 4,296,000 3,000,000 (1,296,000) Namutumba 5,000,000 2,050,000 (2,950,000) Nebbi 4,448,000 30,000 (4,418,000) Sembabule 4,550,000 1,000,000 (3,550,000) Soroti 10,134,000 5,247,735 (4,886,265) Tororo 4,504,000 - (4,504,000) Yumbe 4,710,000 500,000 (4,210,000) 106,080,360 45,934,625 (60,145,735)

Non – compliance with the co – funding requirements impairs the available

resources for the programme and therefore affects its implementation.

Programme management has attributed the low co-funding to low revenue

base and failure by government to remit graduated tax compesation funds

to local governments.

27.5.2Withholding tax

The following districts did not remit 6% withholding tax to the Uganda

Revenue Authority in relation to payments regarding professional services

that were above Ugx 1,000,000.

District Payment Details Amounts UGX

Gulu 04/05/07; Voucher # 005/05; Chq # 5258; Impulse communications.

1,692,560

Hoima and Kasese

All payments -

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Nebbi 30/01/07, Vr. No, 016/01, chq. No 5089 Dr. Okwir Anthony; Payment was made in respect of publication of NAADS activities by M/s Impulse Communication Options Ltd, but the payment voucher was made in the names of the District NAADS Coordinator.

1,419,000

3,111,560

This contravenes the Income Tax Act, 1997.

Programme management should ensure that 6% withholding tax in relation

to payments that are above Ugx 1,000,000 regarding professional services

is regularly remitted to the authorities.

Management explained that it was an oversight on their part not to deduct

the 6% WHT and indicated that they are going to make a claim from the

respective suppliers to remit the taxes to URA.

27.5.3Release of funds

Funds were released and received late in the following districts as indicated below:-

District Quarter Date received Amuru First Quarter Did not receive funds in this

quarter. Kayunga First Quarter 11/10/2006 Kayunga Second Quarter 14/02/2007 Kayunga Third Quarter 15/02/2007 Kayunga Forth Quarter 08/06/2007 Kasese Second Quarter 22/11/2206 Kasese Third Quarter 07/02/2007 Mityana Second Quarter 22/11/2006

The implication is that implementation of the programme activities becomes

difficult within the required timeframe.

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GoU in liaison with the MFPED should ensure that timely release of funds to

the districts is made so as to ensure timely implementation of programme

activities.

Management has explained that in some districts, the money delayed on

the district collection account and hence could not get the funds into the

District NAADS A/C.

Management also indicated that the matter will be handled with the

Ministry of Finance Planning and Economic Development.

27.5.4Statutory deductions

The following districts did not remit statutory deductions within the

required statutory timeframe.

District Month Statutory deduction

Date remitted

Bugiri July, August’ 2006 NSSF October 2006 Kabarole July ‘2006 to February

‘2007 NSSF 28th June 2007

Kamuli September ‘2006 PAYE No proof of remittance

Kasese June ‘2006 to August ‘2006

NSSF Not remitted

Kibaale July’ 2006 to February’ 2007

NSSF 22nd March 2007

Kyenjojo April, May and June’ 2007 Wrong computations

Kaabong November – June PAYE Not remitted Kaabong November – June NSSF Not remitted Mityana June 2007 WHT 10thAugust 2007 Nakaseke September ‘06, October’

06, November’ 06, December 06, January’ 07 and February ‘07.

NSSF 30th April 2007

Sembabule August 2006 (Ugx 283,320) March 2007 (Ugx 1,222,949) June 2007 (Ugx 338,100)

WHT WHT WHT

20th September 2006 30th April 2007 26th September 2007

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Non – compliance with statutory requirements may result into penalties thereby increasing the implementation costs of the Programme.

Programme management should ensure that all statutory deductions are remitted within the required statutory timeframe.

27.5.5Sub - counties 27.5.5.1Co – funding obligations

It has been noted that out of the expected co-funding of

Shs.472,741,631 from Sub - counties and Farmers’ forums in the

respective sub – counties, only shs.213,772,617 was realized leading to a

variance of shs.258,969,014. Many Sub-counties and farmers forums did

not comply with their five did not comply with their five percent (5%) and

two pecent (2%) co – funding obligations.

Non – compliance with the co – funding requirements impairs the available

resources for the programme and therefore affects its implementation.

Programme management should ensure that co – funding is adhered to

regularly.

27.5.5.2 Withholding tax

Four sub - counties did not remit 6% withholding tax totaling shs.626,246

to the authorities in relation to payments regarding professional services

and goods that were above Ugx 1,000,000. This contravenes the Income

Tax Act 1997.

Programme management should ensure that 6% withholding tax in relation

to payments that are above Ugx 1,000,000 regarding professional services

is regularly remitted to the authorities.

Management has promised to address this issue in the general circular to

be issued to all the participating districts and subcounties.

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27.5.5.3 Release of funds

Funds were received late in most sub – counties. Implementation of the

programme activities becomes difficult within the required timeframe.

GoU in liaison with the MFPED should ensure that timely release of funds to

the districts and respective sub – counties is made so as to ensure timely

implementation of Programme activities.

Mangement has explained that it’s the transfer systems and bureaucracies

within the districts that cause the delay to transfer funds to Sub-counties.

27.6 Internal Control System

27.6.1Districts 27.6.1.1Programme Governance

District authorities transfer Sub County Chiefs and sub accountants

regularly and there is no formal handover of NAADS activities to new

officers.

The practice leaves a lot of uncompleted assignments in the S/Cs and

Districts and the new appointees face a lot of problems to complete the

assignments. This often resulted into disclaiming responsibilities over issues

raised.

Programme management should ensure that all authorities that are

responsible for the financial period under review are available at the audit

site during the audit exercise and formal handover reports should be

prepared to enable a smooth tracking of NAADS activities.

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Programme management has explained that It’s the mandate of the

districts to transfer its staff. What they have always advised is that the

technical staff should be transferred within sub-counties participating in the

NAADS Programme. Management will emphasise this recommendation

including proper handover processes in a general circular to the all

participating districts.

27.6.1.2Bank reconciliations

The following districts did not have their reconciliations approved by the

District NAADS Coordinator (DNC) and CAO.

District Hoima Kyenjojo Masindi

None approval of bank reconciliations results in a breakdown in a vital

internal control system and could result in errors and frauds remaining

undetected.

Programme management should ensure that bank reconciliations are

regularly reviewed and approved by the DNC and CAO.

Management has agreed with the recommendation. It is however an

improvement in that previously, reconciliations were not being made and

reviewed by the authorities. This is one of the issues to be emphasized in

the Limited audit exercises.

27.6.1.3Asset register

The following districts did not have and / or maintain an asset register for

NAADS Programme assets.

District Bugiri, Busia, Butaleja, Hoima, Iganga, Kaliro, Kamuli, Luwero,

234

Namutumba, Pallisa and Tororo.

An asset register enables the tracking and safe use of assets and recovery

of assets becomes difficult in case of theft and burglary.

Programme management should ensure that a separate assets register in

relation to NAADS assets is initiated and regularly maintained.

Programme Management noted the recommendation and promised to have

the assets registers maintained.

27.6.1.4Asset engraving

The following districts did not engrave their NAADS assets.

District Assets not engraved Busia Sony Video Camera Butaleja Sony Digital Camera Lyantonde 1 Table, 1 Exc. Arm chair, 6 Metallic chairs Masaka Filing cabinet and chairs Tororo Sony Video Camera, Still Camera, Sony Digital

Camera, Tape Recorders and Scanner.

Recovery of assets becomes difficult in case of theft and burglary.

Programme management should ensure that all porgramme assets are

engraved by the programme initials, names and unique identification

numbers.

Programme Management noted the recommendation and promised to have

the assets engraved.

27.7 Vehicle fleet management

The following districts either did not have log sheets to record vehicle

movements or the log sheets were inaccurately recorded.

235

There

is no basis to ascertain whether or not all movements of the vehicle and the

related maintenance costs were for the benefit of the project.

District Issues raised Bugiri, Iganga, Kamuli and Tororo. No log sheets

Log sheets should be introduced and particulars of movement of vehicles

accurately recorded regularly.

Programme Management noted the recommendation and promised to have

logsheets introduced and maintained.

27.8 Quarterly Internal Audit Reports

Quarterly internal audit reports were not availed to us for our review in the

following districts and / or the frequency with which internal audit was

carried out was insufficient as disclosed below.

District Dates of

internal audit visits

Number of visits

Abim, Amolatar, Amuru, Busia, Kaberamaido, Kaabong, Kaliro, Kamuli, Kotido, Namutumba, Maracha-terego, Masindi, Moyo, Pader, Yumbe.

Not disclosed

Kabarole Not disclosed

1

We were unable to ascertain whether the internal auditors’

recommendations were implemented in the period. Insufficient visits by

the internal audit results into the programme misallocating funds since the

provision of checks and balances is being eroded.

Programme management should ensure that internal audit reports are filed

and made available to external independent reviewers.

27.9 Procurement reports

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Procurement report were either not prepared in accordance with the NAADS approved format or not availed to us for review in the following districts.

District Issues raised Amuru and Luwero

Report was not prepared in accordance with the NAADS approved format.

Gulu, Kasese and Pader.

Procurement report and procurement plan were not prepared.

Kayunga, Moyo and Mubende.

Report was not availed to us for review.

Non – compliance with the NAADS financial management guidelines renders

them worthless and impairs the control objectives and Programme

monitoring.

Programme management should ensure that procurement reports are

prepared in accordance with NAADS financial management guidelines and

are always made available to independent external reviewers.

Programme management has indicated that there are two issues to this.

One is the limited capacity pertinent with local governments. This issue is

being addressed through the trainings undertaken during the limited audits

in addition to recent recruitment of professional procurement officers in

local governments to backstop this process. However, the rampant

transfers affect this cause. Two has been enforcement. However, of late

they have requested all districts/sub-counties to file procurement plans for

the year and every quarter. Reporting after making a plan becomes easy.

This will be enforced.

27.10 Status of accounting records and bookkeeping

It has been noted that at least 21 districts either had incomplete financial

reports or did not prepare financial reports.

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This renders the audit trail difficult and we were unable to verify the

validity, accuracy, existence and completeness of the expenditure incurred

and /or income received.

Programme management should ensure that all required reports are

prepared regularly in accordance with the financial management guidelines

issued by the NAADS Secretariat.

Programme management has indicated that it will follow up the matter.

27.11 Stamped “PAID”

Payment vouchers were not stamped “PAID” in at least 12 districts.

Payment vouchers and supporting documents can be presented more than

once for payment resulting into misallocation of funds.

Programme management should ensure that all payment vouchers and

supporting documents are cancelled with stamped “PAID” on initiation of

payments.

Programme management has indicated that it will follow up the matter.

27.12 Unreconciled amounts

The financial report did not reconcile with the activity analyzed expenditure

report in the following districts.

District Payment Details

Amounts as per the financial report

Amounts as per the activity analyzed

Difference

expenditure report

UGX UGX UGX Kayunga 293,527,554 291,288,941 2,228,613 Kibaale 118,586,128 116,944,458 1,641,670 Manafwa Agric-

business and market linkage

8,943,400 3,556,000 5,387,400

Manafwa Agric-business and market linkage

7,036,400 3,010,000 4,026,400

Mbale NAADS District NAADS coordinator

4,201,500 5,670,000 (1,558,500)

Mbale FID normal NAADS

1,688,750 1,010,000 (678,750)

433,983,732 421,479,399 12,504,333

We were unable to verify the validity, accuracy, existence and

completeness of Ugx 433,983,732 disclosed in the report. Ugx 12,504,333

was either misallocated or misappropriated and is considered to be

ineligible expenditure.

Programme management should ensure that the financial report regularly

reconciles with the activity analyzed expenditure report.

Programme management has indicated that the issue will need to be

verified to the cashbook and the reports. It is possible that this is an issue

of capacity.

27.13Inadequately supported amounts

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239

The financial and the activity analyzed expenditure report amounts did not

reconcile with third party supporting documents in 18 districts by a variance

of shs.57,160,260.

I was unable to verify the validity, accuracy, existence and completeness of

shs.57,160,260 and/or shs.57,160,260 was either misallocated or

misappropriated.

Programme management should ensure that amounts disclosed in the

financial and activity analyzed expenditure reports regularly reconcile with

third party supporting documents.

Programme management has indicated that Districts/sub-counties with

missing accountabilities will be requested to provide them or the respective

officers will be requested to refund the money to the programme.

27.14 Authorization by the NAADS Coordinator

The following expenditure was not approved or authorized by the NAADS

coordinator in the following Districts.

District Expenditure details Luwero Voucher /

Cheque # Date Amounts

UGX Payment Details

5579 945,000 Supply of fuel to the NAADS programme

Ntungamo 1/1 02/01/07 915,000 Muyambi.S.K; Financial audit of sub - counties

Ntungamo 25/3 29/03/2007

300,000 Alex Ampairwe; Allowance for March to Intern

Soroti 102487 30/06/07 23,770,000 Construction of a sweet potato prcessing plant

Expenditure that does not achieve value - for - money of the programme

could be incurred resulting into misappropriation of funds.

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Programme management should ensure that all expenditure incurred in the

implementation of the programme is approved or authorized by the NAADS

coordinator.

27.15 Sub - counties 27.15.1Quarterly Internal Audit Reports

Quarterly internal audit reports were not availed to us for our review in 28

sub - counties and / or the frequency with which internal audit was carried

out was insufficient.

We were unable to ascertain whether the internal auditors’

recommendations were implemented in the period. Insufficient visits by the

internal auditors results into the programme misallocating funds since the

provision of checks and balances is being eroded.

Programme management should ensure that internal audit reports are filed

and made available to external independent reviewers. District internal

auditors should visit the sub – county on a quarterly basis.

27.15.2Procurement procedures

It has been noted that at least 63 sub - counties did not comply with the

required procurement procedures during the implemtation of the activities

for the Technology Fund.

Ineligible expenditure could be incurred. Non – compliance to the

procurement procedures results into misuse of programme funds and

eventual withdrawal funding by participating partners.

Programme management should ensure that all procurement procedures

are adhered to regularly through out the financial period.

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27.15.3 Procurement reports

It has been noted that at least 38 sub - counties either had an incomplete

procurement reports or did not prepare procurement report

This renders the procurement procedures’ audit difficult and we were

unable to verify the validity, accuracy existence and completeness of the

procurement expenditure incurred.

Programme management should ensure that a procurement report is

regularly prepared in accordance with the procurement guidelines issued by

the NAADS Secretariat.

27.15.4Status of accounting records and bookkeeping

It has ben noted that atleast 73 sub - counties either had incomplete

financial reports or did not prepare financial reports.

This renders the audit trail difficult and we were unable to verify the

validity, accuracy existence and completeness of the expenditure incurred

or income received.

Programme management should ensure that all required reports are

prepared regularly in accordance with the financial management guidelines

issued by the NAADS Secretariat and should be consistent with each other.

The management should ensure that the internal control system is effective

and efficient throughout the period under review.

Programme management has indicated that the issue of capacity in

bookkeeping and reporting is still a challenge under lower local

governments. This issue is being addressed through continuous training

under limited audits and our recent printing of user friendly combined

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Cashbooks / Activity analysis Books is expected is expected to minimize

reporting errors and mistakes.

27.15.5 Release advises

The following sub - counties did not disclose to us the release advises in the respective quarters below.

District Sub – county Quarters Luwero Bamunanika April – June’ 2007 Masindi Nyangahya October – December’2006,

January – March’2007. and April – June’ 2007.

Nakaseke Kapeka October – December’2006 and April – June’ 2007

Nakaseke Ngoma In all quarters. Nebbi Kango 1st Quarter Nebbi Erussi 1st Quarter

We were unable to verify the validity, accuracy existence and completeness

of the funds received in the sub – counties during the period.

Programme management should ensure that release advises are regularly

collected from the District and made available to independent external

reviewers.

Programme management has indicated that whenever funds are released,

the Secretariat generates release advises that guide the districts on how to

distribute the Programme funds. The office of the District NAADS Co-

ordinator is expected to ensure that each respective sub-county is issued

with the advice to ensure proper appropriation of programme funds. This

issue will be emphasized in a general circular to districts on implementation

of Audit recommendations.

27.15.6Unreconciled amounts

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It has been noted that the financial report did not reconcile with the activity analyzed expenditure report by a total of shs.10,571,896 in 12 sub – counties as shown below:-

District Sub –

county Amounts as per the financial report

Amounts as per the activity analyzed expenditure report

Difference

UGX UGX UGX Bushenyi Kabira 10,595,620 6,649,690 3,945,930 Bushenyi Kabira 3,561,000 5,977,130 (2,416,130) Bushenyi Kabira - 2,498,100 (2,498,100) Bushenyi Kabira 9,523,681 12,689,836 (3,166,155) Ibanda Bisheshe 10,833,700 13,825,400 (2,991,700) Ibanda Bisheshe - 9,523,950 (9,523,950) Ibanda Bisheshe 9,825,900 12,014,950 (2,189,050) Ibanda Bisheshe 3,258,050 1,069,000 2,189,050 Kibaale Bwamiramira 121,416,209 119,966,209 1,450,000 Kiruhura Kashongi 3,309,000 1,608,000 1,701,000 Masindi Nyangahya 56,611,737 56,482,937 128,800 Mukono Ntenjeru 93,712,480 69,770,279 23,942,201 322,647,377 312,075,481 10,571,896

I was unable to verify the validity, accuracy, existence and completeness of

shs.322,647,377 disclosed in the report. In addition, shs.10,571,896 was

either misallocated or misappropriated and this could considered to be

ineligible expenditure.

Programme management should ensure that the financial report regularly

reconciles with the activity analyzed expenditure report.

Programme management has noted that this issue is more of capacity to

reconcile records than fraud. The problem of reconciling reports and

financial records will be minimized by the use of the new analysed cash/

activity analysis books. District internal auditors will be required to verify

the accuracy of the reports.

27.16 Inadequately supported amounts

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The financial and the activity analyzed expenditure report amounts did not

reconcile with third party supporting documents in a total of 76 sub –

counties by a total of shs.227,422,260

This amount was either misallocated or misappropriated and could be

considered to be ineligible expenditure.

Programme management should ensure that amounts disclosed in the

financial and activity analyzed expenditure reports regularly reconcile with

third party supporting documents.

Programme management has noted that the respective entities will be

requested to provide proper accountability for the advances. Respective

officers will be requested to refund monies where they fail to account for

the advances.

27.17 Bank reconciliation statements

Bank reconciliation statements were either not accurately prepared or

approved in the following sub - counties.

District Sub – county Issues Gulu Koch - Ongoko The balance as per cash book indicated in the

bank reconciliation statement of Ugx 3,830,720 is different from amount Ugx 4,329,720/= contained in the cash book availed to us.

Ibanda Kikyenkye Cheque 5080 of Ugx. 6,937,000 bounced during the month of June 2007 and was not reversed in the cashbook but was instead included under uncredited cheques in the bank reconciliation for June.

Kabale Rwamucucu maziba Hamurwa

Apart from the month of June 2007, Monthly bank reconciliations do not bear evidence of internal audit checks and reviews.

Kabarole Kisomoro Bank reconciliation statements were not approved by the Sub-county chief.

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Kyenjojo Bugaaki Bank reconciliation statements were not approved by the Sub-county chief.

Kumi Atutur The bank reconciliation statement reflected a cash balance of Ugx 20,319,861 which was not correct. The cheques reflected in the reconciliation as unpresented were never issued out to the recipients. They remained in the cheque book were availed to us during the audit on 8/03/07. The cheques were as follows; Cheque no: 5111 Ugx 1,071,600, Cheque no:5113 Ugx 6,768,000 and Ugx 432,000,In total they amount to Ugx 8,321,600/= The true cash book balance should be Ugx 28,641,461.

Masindi Nyangahya There is no evidence that the bank reconciliation statements were either approved by the SNC or the sub – county chief.

Masindi Nyangahya The bank reconciliation statement had an uncredited deposit Ugx 680,000 which was more than six months old. It could only be traced to the bank deposit slip of 20th March 2008.

Nakaseke Kikamulo There is no evidence that the bank reconciliation statements were either approved by the SNC or the sub – county chief.

Nakaseke Kinyogoga There is no evidence that the bank reconciliation statements were either approved by the SNC or the sub – county chief.

Oyam Iceme Book balance was Ugx; 15,645,000 but Ugx, 18,613,800 was used as a closing cashbook balance in the bank reconciliation statement. There was no explanation for the variance of Ugx 2,968,800

Rukungiri Nyakishenyi Kagunga

The 2% farmer contributions received by the sub county in cash were not banked immediately so reconciliations between bank statements and cash book entries could not easily be matched.

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Non – review of bank reconciliation statements by responsible officials and

delayed postings of reconciling amounts results into misappropriation of

programme funds.

Programme management should ensure that all bank reconciliation

statements are reviewed by a responsible official and reconciling items that

are more than six months old are reversed immediately as soon as the

requirement appears.

Management has noted the recommendation and promised to address the

matter in future.

27.18 Assets register

The following sub – counties neither had nor maintained an asset register.

District Sub – county Hoima Buhimba Luwero Katikamu Masaka Bigasa Mukono Ntenjeru Wakiso Masulita

Recovery of assets becomes difficult in case of theft and burglary.

Programme management should ensure that a separate assets register in

relation to NAADS assets is initiated and regularly maintained.

Programme Management has noted the recommendation and has promised

to ensure that the fixed asset register for NAADS is put in place.

27.19 Asset engraving

It has been noted that at least 25 sub – counties did not engrave their

assets.

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Recovery of assets becomes difficult in case of theft and burglary.

Programme management should ensure that all porgramme assets are

engraved by the programme initials or names.

Programme management has promised to address the matter in future.

28.0 JUDICIARY

28.1 Extra Budgetary Funding

The Judiciary received Shs.6,253,792,706 in extra budgetary funding from

Danida, European Union and USA which was not appropriated by

Parliament as required by law. The approved budget shows that US$

802,300 equivalent to Shs.1,509,688,000 was appropriated as funding from

Danida. However, Shs.6,121,603,706 was instead received leading to an

extra budgetary funding of Shs.4,611,915,706 which lacked approval of

Parliament. The department also received extra budgetary funding of

Shs.132,189,000 from the European Union and United States of America

(USA) which is yet to be accounted for.

The Accounting Officer, explained that of the extra budgetary funding of

Shs.4,611,915,706, Shs.1,559,528,932 was the balance brought forward

from the previous year.

I have explained to him that balances rolled over to the new financial year

also require Parliamentary appropriation.

28.2 Emoluments

(a) Salary and allowances paid to a Retired Judge

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Salary and allowances totalling to Shs.37,152,000 were paid to a

retired Judge for a period of five and eight months respectively after

retirement in contravention of government regulations. This

anomaly was caused by weaknesses in the payroll management

procedures which allow the department to operate two parallel

payroll systems.

The Accounting Officer promised to recover the funds from the

Judge’s gratuity payment. I await the recovery.

I have advised the Accounting Officer to streamline the system by

transferring all staff to the computerised payroll managed by the

Uganda Computer Services.

(b) Emoluments paid to a Judge during un approved study leave

A judge was paid full annual salary, housing and medical allowances

totalling Shs.61,380,000 and provided a fully fuelled vehicle while on

an unapproved study leave abroad. In response the accounting

officer stated that the error was regrettable and a letter had since

been written to judicial service commission to regularize the study

leave.

28.3 Payables

Note 26 (Payables) to the accounts, shows a balance of Shs.693,680,351 as

miscellaneous account payables balance. However, the relevant

documentation in support of this figure was not presented for verification.

In the same Note, Shs.211,970,708 is reported as withholding tax payable.

This balance is not supported with any cash balances from the cash

balances shown in Note 20 implying that money was utilised at source

contrary to the tax law.

28.4 Bank Reconciliation

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The bank reconciliation statement for the expenditure account indicates an

amount of Shs.190,394,366 representing credits in the bank but not in the

cash book. However this could not be verified due to lack of supporting

documentation.

28.5 Accounting for Deposits

Apart from the Kampala High Court and Commercial Court deposits of

Shs.3,158,234,744 derived from hearing of civil cases, all other court

deposits were not reported in the financial statements. The courts whose

deposits were not reported include Court of Appeal, Supreme Court, High

Courts of Jinja, Mbale, Soroti, Gulu, Arua, Fort Portal, Mbarara, Masaka,

Nakawa and all chief Magistrates courts countrywide. This practice led to

an understatement of deposits in financial statements.

The Accounting Officer explained that he had written to all stations to file

statements of amounts outstanding.

28.6 Administration/Management of Cash Bails and Fines Imposed

after Banking Hours

Existing Government Non Tax Revenue regulations require that court fees,

fines, licenses and deposits should be paid to URA through designated

commercial banks. However, government offices close business at 5.00

p.m. as opposed to banks which close at 3.00 p.m. There has been a

public (legal community) outcry whereby convicts fined and suspects

granted bail outside banking hours are greatly inconvenienced and are

denied their judicial rights of being released as fines and bail deposits can

not be banked accordingly.

The Accounting Officer is advised to liaise with the Secretary to the

Treasury and the Uganda Revenue Authority to work out a suitable

arrangement to ensure that people’s rights are not violated.

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28.7 Banking of Non-Tax-Revenue

A sum of Shs.33,723,461 was received as NTR collected by upcountry

courts in cash by the cashier at High Court. However, only Shs.28,517,909

was banked on the revenue account in Bank of Uganda leaving a balance of

Shs.5,690,002 not banked and therefore un-accounted for.

In addition, Shs.4,918,410 collected as unpaid salaries was also not

banked.

The Accounting Officer explained that the money was borrowed and used

at source and that it will be refunded from Judiciary monthly releases.

28.8 The Library Fund

A library fund is operated by the Judiciary without authority of the Minister

responsible for Finance contrary to Section 9(3) of the Public Finance and

Accountability Act. The bank statement for the account showed a credit of

Shs.6,936,198 as at 30th June 2007. However I was not presented with the

statements of receipts and expenditure for the fund. I was therefore not

able to ascertain and satisfy myself that all receipts are brought to account

and spent in accordance with the regulations.

The Accounting officer explained that approval of the fund by the Minister

has been sought.

28.9 Audit inspections

Audit inspections revealed failure by courts to maintain proper records of

Non Tax Revenue, warrants of commitment to prison, poor state of court

prison cells and lack of exhibits register as shown in the table below;

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S.no Inspected court

Audit findings Remarks

1. Mbale Chief magistrate’s Court

a) Lack of acknowledgement receipts for NTR of Shs.15, 025,000. b) Lack of exhibits register.

Accountability lacking.

2. Mwanga II Court

a) Court cells: Men are kept in a metallic container with poor ventilation while women are in a wooden structure.

Poor accommodation is a health hazard and amounts to human rights violation.

3. Nabweru Court

a) No evidence of payment of fines or warrant of commitment to prison in default.

Accountability lacking.

Management should ensure that there are proper record keeping systems

at courts of law and that court cells are in a proper state.

29.0 DIRECTORATE OF PUBLIC PROSECUTION (DPP)

29.1 Contract Staff

The Directorate has a number of contract staff many of whom are stationed

upcountry. They are paid wages locally since they are not on the

traditional Public Service payroll.

The Accounting Officer explained that contract staff are a result of the

delays in the recruitment process between the Ministry of Public Service

and Public Service Commission. It was further explained that the

Directorate makes declarations of vacancies and request for staff but few

are approved and this forces them to recruit temporary staff to ensure

continuity in service delivery.

I have advised the Accounting Officer to have their appointments

regularised by the Ministry of Public Service.

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29.2 Non compliance with work plan.

Under the Northern Uganda Post War Recovery Plan, the Directorate

received a total of Shs.192,351,000 to carry out various activities.

According to the work plan Shs.10,541,000 and Shs.12 million was

earmarked for recruitment of staff and purchase of solar panels

respectively. However examination revealed that the two activities were

not implemented according to the work plan as indicated below:-

a) Recruitment of staff

Where as Shs.10,541,000 was released to the directorate to recruit 8

state attorneys, 8 state prosecutors and 24 support staff under the

Northern Uganda Post war recovery plan, the funds were utilised on

transport allowances to newly appointed Prosecutors to report to

their new stations. Lack of sufficient numbers of state attorneys may

hamper timely accessibility to justice by the citizens. In response

management explained that the matter of recruitment of staff was

handed over to the Public Service Commission. I await necessary

action.

b) Installation of solar panels

Purchase and installation of solar panels budgeted at Shs.12,000,000

was not carried out. Management stated that the delay was caused

by unwillingness of bidders to quote before visiting sites. It is not

clear why site visits were not included in the work plan earlier. Lack

of solar panels may adversely affect operation of electrical

equipment in the offices. I await necessary action.

29.3 Overdrawn Bank Account

The certificate of bank balances as at 30th June 2007, indicates that the

Directorate had a bank account No.245.20302.7.1 with a debit balance of

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Shs.190,696,272. The account is not known to the Accounting Officer and

therefore was not captured in the financial statements.

The Accounting Officer was advised to liaise with Bank of Uganda and the

Accountant General for information relating to the account.

The Accounting Officer explained that he had written to Bank of Uganda for

clarification on the account.

29.4 Funds Wrongly Credited to Another Account

A supplementary funding of Shs.960,828,000 earmarked for the Directorate

of Public Prosecutions (DPP) to cater for the investigation on the report on

the Judicial Commission of inquiry into the alleged mismanagement of

Global Funds was wrongly credited to the Ministry of Internal Affairs and

was therefore not accessed by the Directorate. The activity was thus not

carried out by the Directorate despite its critical importance.

The Accounting Officer should seek for the necessary funding from Ministry

of Finance to have this activity carried out.

30.0 PARLIAMENTARY COMMISSION

30.1 Outstanding Advances to the Members of Parliament During June 2007, Members of the Eighth Parliament were advanced a total

of Shs.3,190,000,000 for Constituency development. This advance was not

retired by year end. I was therefore not able to establish whether the

funds were utilized in accordance with the guidelines issued by the

Parliamentary Commission.

In his response, the Accounting officer explained that only 69 members

submitted accountability leaving 250 members still outstanding. He further

explained that an initiative was made to introduce a law to govern the

scheme but not much progress was made. Meanwhile he has taken

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administrative measures not to release more funds to those who have not

accounted for the previous advances. I have urged him to ensure full

accountability of the advances

30.2 Fixed Assets Register The Commission is in the process of establishing a Fixed Assets Register in

which all fixed assets – furniture, computers and other equipment are

recorded. However the Register being introduced has not been approved

by the Accountant General as required by regulations.

For standardization I have advised the Accounting Officer to consider

adopting the Fixed Asset Register solution that is being deployed in all

Government Ministries by the Accountant General. This will necessitate

liaison with the Accountant General.

31.0 HEALTH SERVICE COMMISSION 31.1 Unauthorized expenditure

The commission incurred unauthorised expenditure of Shs.22,027,057 on

treatment of a former commissioner. This was in addition to a sum of

K.shs.600, 000 that was earlier approved by the medical board.

Though the commission sought retrospective authority to incur the

expenditure, it was not provided.

The Commission is advised to regularise the expenditure.

32.0 JUDICIAL SERVICE COMMISSION 32.1 Payment of Salary against expired contract.

255

The four year contract for one member of the Judicial Service Commission

commenced on 3rd Feb, 2003 and expired on 2nd Feb 2007. The contract

was renewed on 4th May 2007 for another term of four years.

However, it was noted that during the months of February, March and April

2007, salaries totalling Shs.8,700,000 computed at Shs.2,900,000 per

month were paid to the officer. I did not obtain evidence that his

employment with the Commission during this period was regularized. In

the absence of authority, the expenditure remains irregular. In response

management stated that only shs.5,800,000 was recoverable in respect of

February and April. I await necessary evidence of recovery and explanation.

32.2 Utility Bills

During the year, the commission made deposits totalling Shs.15,285,779 to

National Water and Sewerage Corporation (Shs.4,950,227) and Umeme Ltd

(Shs.10,335,552) in settlement of water and electricity bills respectively.

The following anomalies were noted;

32.3 Water Bill overpayment Shs.2,386,762

According to records, farmers House Ltd charges its tenants including the

Commission a monthly flat rate for water of Shs.213,622 monthly, that is

Shs.2,563,464 annually. It was not clear how the charge of Shs.213,622

was arrived at.

During the year, the Commission made a total deposit of Shs.4,950,227 to

National Water and Sewerage Corporation. This appeared to have resulted

into overpayment of Shs.2,386,763 (4,950,227 – 2,563,464) which should

be recovered from M/s Farmers House Ltd.

b) Electricity Bills

There are three electricity meters which the Commission pays for,

but one of them is shared with Uganda Property Holding Ltd and

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other tenants. There is no evidence that these other tenants

contribute to the bills.

In response management stated that negotiations between all the

tenants had been done with regard to water bills and that a request

to UMEME for a separate electricity meter had been forwarded. I

advised the accounting officer that a written memorandum of

understanding between the tenants should be drawn up to address

the issues.

32.4 Civic Education on Public Awareness of Judicial Systems:

Since 2003 about Shs.1,692,435,000 has been received for sensitization of

the public about Judicial systems in thirty districts through workshops

/seminars. However according to invitation lists, only district LCV

executive and their councillors, district heads of departments, LCIII

chairpersons, sub-county chiefs and some of the local NGOs were

requested to attend. The rural people who are the vast majority and

vulnerable to the injustices in the judicial system due to inadequate

knowledge of the roles and responsibilities of institutions are not targeted

by the programme. Besides the evaluation reports and the yardsticks that

would measure the success and impacts of this sensitisation were not

availed for audit.

It is recommended that a credible assessment system of the success and

impacts of the campaigns be put in place and availed for verification.

33.0 ELECTORAL COMMISSION 33.1 Transfer of Un-utilised Bank Balances

257

The Treasury General bank account balance of Shs.1,177,457,155 relating

to the financial year 2005/06 was not transferred back to the Consolidated

fund at year end contrary to regulations.

I did not also obtain explanation for having such huge balances remaining

un-utilised at year end. For the financial year under review this amount

stood at Shs.992,138,070. I have advised the Accounting Officer to liaise

with the Accountant General for necessary action.

33.2 Unaccounted for Funds

A total of Shs.329,815,000 advanced to various Returning Officers

upcountry remained unaccounted at year end contrary to financial

regulations. Unaccounted for advances reflect an apparent breakdown in

controls over advances which may lead to financial loss.

The Accounting Officer is advised to follow up the accountability. 33.3 Litigation Costs

During the year under review, the Commission paid out a sum of

Shs.715,280,825 to various law firms in election petitions arising from the

2006 general elections. The amount was paid to firms that represented

plaintiffs and also to firms that were defending the Commission in various

suits brought against it. The following matters were noted;

• The amount paid of Shs.715,280,825 to various law firms and bailiffs

lacked supporting documents such as court judgments.

• The financial statements for the year under review do not disclose any

quantified contingent liabilities relating to legal suits. This does not

compare well with the earlier outstanding figure of Shs.1,341,947,058

disclosed in the previous year.

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• The statement of non-quantifiable contingent liabilities as at 30th June

2006 indicates a number of court cases that were either dismissed or

withdrawn with costs to the Electoral Commission. It is not known

whether the costs have now been made good.

The Accounting Officer is advised to trace the necessary documentation

and also render accountability for the recoverable amounts from suits won

by the Commission.

33.4 Unaccounted for general receipt books

Two (2) receipt books issued to returning officers for collection of

nomination fees remained unaccounted for at the end of the year under

review.

33.5 Excess Expenditure

The Statement of Appropriation reflects excess expenditure on domestic

arrears totalling Shs.713,109,939 for which no budgetary provision was

made. There is no evidence that the excess expenditure was regularised

by way of reallocation or virement.

33.6 Rent Expenditure

During the year under review, Shs.402,987,840 was paid to various

property owners as rent in order to accommodate Electoral Commission

officials who operate across the country. However, Shs.164,575,200 of this

expenditure was not supported by valuation reports from the government

valuer.

Furthermore the Commission paid Shs.22,680,000 as VAT charge by a local

firm, without a tax invoice contrary to the tax law. In the absence of

evidence of VAT registration, the amount is recoverable from the

payee/landlord.

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34.0 UGANDA HUMAN RIGHTS COMMISSION 34.1 Un-appropriated Projects

The Commission has a number of projects with budgets worth

Shs.1,395,618,271 which were not appropriated by Parliament under the

vote. The Commission received grants from international organisations

outside its budget, totalling Shs.83,374,533. Use of funds which have not

been appropriated by Parliament creates unauthorised extra budgetary

expenditure.

Government may not be able to monitor the utilisation of such funds. All

projects funds should be appropriated by Parliament as required by the law.

Meanwhile efforts should be made to regularise the related expenditure in

accordance with the law.

Management should always seek for supplementary budget approval to

regularise the related expenditure.

34.2 Unauthorised Excess Expenditure

The financial statements show that the Commission registered excess

expenditure of Shs.553,178,855 on employee costs without authority.

I have advised the Accounting Officer to have the expenditure regularised

in accordance with the regulations.

34.3 Illegal Operation of Bank Accounts in Commercial Banks

The Uganda Human Rights Commission (UHRC) operates bank accounts in

various commercial banks in Kampala and upcountry branches for its

financial operations. However, scrutiny of documents revealed that these

accounts are being operated or were operated without authority of the

Accountant General contrary to the existing regulations. Although

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management had sought retrospective authority, the response from the

Accountant General was not seen at the time of this report.

Management should endeavour to follow up the matter with the Accountant

General.

34.4 Hansard Pension Contribution Scheme

During the period of audit, it was noted that the Commission remitted

contributions to the Hansard Pensions Scheme, a private scheme

amounting to Shs.9,900,000 for two Commissioners. Although the

Accounting Officer explained that the scheme had been closed, I could not

establish the total contributions made to the scheme and the surrender

value paid to the Ugandan members who could have relied on the advice of

their employer to make additional savings outside the statutory NSSF

scheme. Besides, the bank account for the scheme was not authorised by

the Accountant General as required.

34.5 Incorrect Registration of Commission Vehicles

The Commission procured five vehicles, three of which were acquired using

the Government of Uganda counter part funds. However, two of the

vehicles were registered under the Ministry of Justice for reasons which

were not explained.

In addition, Shs.139,576,000 that had been allocated to cater for the taxes

for the vehicles was paid to the Treasury as required by the new system of

tax payments. I could not independently verify whether funds eventually

reached the Tax Authority.

Management should ensure that all assets acquired using the Commission

funds are accordingly registered as Commission assets.

34.6 Funds for fuel Unaccounted for

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Out of Shs.112million deposited to Shell Petrol Station during the period

July 2006 to June 2007, Shs.8,000,000 remained unaccounted for contrary

to regulations which require all advances to be retired by the year end.

35.0 PUBLIC SERVICE COMMISSION 35.1 Board of survey

The recommendation by the board of survey to dispose of various obsolete

items was not effected. Among the items were motor vehicle, photocopy

machine, fans, computer, telephone receivers and chairs. Though

management explained that a process of boarding off vehicles has begun,

no values were attached to the items. I await the transparent completion of

the process.

36.0 LAW REFORM COMMISSION

36.1 Staff Establishment

The commission is currently understaffed as a number of posts for technical

staff as well as support staff have remained vacant for a long time. This

was made worse when some technical staff left the commission during the

year.

The Commission faces a risk of poor service delivery which may result into

failure to achieve the intended objectives.

The Accounting Officer explained that recruitment is ongoing but conducted

in phases as advised by the Ministry of Finance. The final recruitment to fill

all the vacant posts will be done in the financial year 2008/09.

36.2 Staff Gratuity

The Commission had outstanding gratuity for staff on contract in arrears of

over 3 years amounting to Shs.11,888,186. This balance was not disclosed

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in the financial statements and the statement of outstanding commitments.

This understates the payables position by the same amount.

The Accounting Officer explained that the Commission has been

constrained to pay technical staff statutory allowances due to inadequate

funding.

37.0 EDUCATION SERVICE COMMISSION

37.1 Un authorized reallocation of funds

In the absence of a Reallocation warrant the diversion of Shs.360,000,000

from recurrent to capital expenditure is considered un authorized. This

practice defeats the original intentions of parliamentary appropriation.

Though management stated during discussions that necessary reallocation

documents were available, they were not provided for verification.

Management should seek necessary approvals for reallocation to comply

with regulations.

37.2 Utilities

Shs.1,880,978 was reallocated from the item; committee, council and board

expenses to settlement of a water bill without necessary authority. This

practice may imply inadequate budgeting process. Management should

seek necessary approvals for reallocation.

38.0 LOCAL GOVERNMENT FINANCE COMMISSION

38.1 P.A.Y.E

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Statutory deductions relating to P.A.Y.E totalling to Shs.16,500,000 were

not made from allowances paid to Commissioners during the year under

review, contrary to the Income Tax Act.

The Accounting Officer is advised to have the deductions made and

remitted to Uganda Revenue Authority.

38.2 Irregular Payment of Allowances:

A total of Shs.60,000,000 was incurred when five part time Commissioners

continued to be paid a monthly consolidated allowance of Shs.1,000,000

each during the financial year 2006/2007, irrespective of whether they sit

or not. This contravenes 58 (1) and (2) of Local Government Finance Act

2003. The same Commissioners were also paid sitting allowances

whenever they attended the Commission meetings.

In his response, the Accounting Officer explained that there was a need to

retain and motivate the Commissioners who undertake serious tasks on

behalf of the Commission. He also stated that these allowances were

approved in the Commission meetings. However, documents in support of

this explanation were not availed for audit.

I advised the Accounting Officer to follow up the matter with the

appropriate Authority in order to regularise these consolidated allowances.

39.0 UGANDA BLOOD TRANSFUSION SERVICES 39.1 Grounded Vehicles

Treasury Accounting Instructions, Part II appendix E, require that where it

is deemed that inventories, vehicles e.t.c. are beyond their useful lives and

uneconomical to repair, lists of these items should be prepared giving

details of age and approximate value. The Accounting Officer should submit

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to the Accountant General these lists requesting that a board be appointed

to inspect these items with a view to their disposal or condemnation.

However, the organisation has a total of 14 motor vehicles and three motor

cycles that have been grounded at its premises for over ten years leading

to deterioration in residual value and loss of revenue to Government. About

six of the vehicles have now become scrap and several of these vehicles

are covered by overgrown bushes causing an environmental risk to the

employees. What could have served as a parking space is now occupied by

grounded vehicles.

The Accounting Officer explained that the disposal process was initiated but

could not be completed because he had to seek clearance from Ministry of

Health and other Development Partners who financed the procurement of

these vehicles. He indicated that the process would be completed in the

financial year 2007/2008.

I await the outcome of this disposal process.

40.0 UGANDA LAND COMMISSION 40.1 Lack of a Statutory Budget:

Under article 155 of the Constitution and sec 54(1) of the land Act, 2000,

the salaries and allowances of the members of the Commission should be a

charge on the consolidated fund. However, contrary to the above, a total of

Shs.34,800,000 and Shs.19,464,800 was paid out as salaries to the

chairman and allowances to the commission members respectively out of

the development and recurrent budgets without proper authority.

The Accounting officer explained that the budgeting process had already

been completed before the Commission became a vote and that this was to

be streamlined in the subsequent year.

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The commission should properly budget for its statutory expenditure in

accordance with the Act.

40.2 Over Expenditure

The Commission incurred a total of Shs.588,838,050 in excess of the

approved budget appropriation without relevant authority. The Accounting

Officer explained that this was caused by property rates paid which had not

been budgeted for by the Commission.

I advised the Accounting Officer to make adequate provision for rates in his

annual budgets.

It was also noted that although the Commission is responsible for

settlement of property rates for all government buildings in all towns and

municipal councils in all districts of Uganda, there is no register being

maintained for all government buildings for which rates are payable. As a

result it is not possible to ascertain the arrears position for property rates.

There is also lack of clarity on who is actually responsible for property rates

management as Ministry of Lands is also carrying out the same function.

The Commission should put in place a complete Register for all government

buildings for which it pays property rates. There is also need for

streamlining the procedures for management of property rates.

40.3 Acquisition and Disposal of Government Land

Article 239 of the constitution gives the Uganda Land Commission the

mandate to hold and manage land in Uganda vested in or acquired by the

government of Uganda in accordance with the provisions of the

constitution. Sections 49 and 53 of the Land Act further gives the

Commission powers to handle all land related matters. However these

provisions appear to be inconsistent with the PPDA Act on matters relating

to acquisition and disposal of government land. Under the PPDA Act, land

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is taken as a Public Asset and hence its acquisition and disposal should

follow the PPDA Act and Regulations. This position has been challenged by

the Commission and there is therefore need to harmonize the two laws so

as not to conflict with the constitution.

The Accounting Officer explained that the issue is to be addressed under

the private sector competitive project II which is funding law reform.

40.4 The Land Fund

According to sec 41(10) of the land Act cap 227 revised edition 2000,the

land fund should have been set up within one year after coming into force

of the (1998) land Act. However this fund has never been operationalised

as required by the law. It was also noted that there is another fund being

proposed under the Ministry of Finance to serve more or less the same

purpose.

There is need to operationalise the land fund envisaged in the Land Act

which should also be harmonised with the proposed Land investment fund.

The Accounting Officer explained that the Draft Regulations for the Land

fund have been made and were about to be submitted to Cabinet for

consideration.

40.5 Non Transfer of Land Ownership

During the year under review, a total of Shs.379,544,000 was spent by the

Commission on acquisition of land from absent land lords in the districts of

Kibaale and Hoima. Over thirty five (35) titles were surrendered to the

Commission together with signed transfer forms by the previous owners.

By the time of writing this report, the titles had not been transferred into

the commission names.

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Failure to transfer the land titles into Uganda Land Commission exposes the

government land to encroachment and fraud.

It was also noted that the Commission has not come up with the

guidelines, for use and distribution of the acquired land.

The commission should expedite the process of securing titles for all the

land purchased by them and also come up with the necessary guidelines

(Regulations) for distribution of the acquired land as required by the law.

40.6 Land Inventory

• The Commission which is legally entrusted with all central government

land does not have a complete inventory of all the land under its

custody. What is in place is an incomplete list/schedule which lacks

major details such as plot numbers, acreage of land etc. A test check on

a sample of Kampala District land transactions revealed that Plots leased

to developers are not captured in the land registry of Uganda Land

Commission to form part of land inventory.

• Government plots of land under the custodianship of the Uganda Land

Commission do not bear the acreage of land that can allow institutions

ascertain and monitor encroachment on the land.

There is need for a country wide data collection exercise in order to

have the inventory updated with the necessary details. In his response

the Accounting officer explained that this activity will be handled under

the private sector competitive project.

40.7 Non Tax Revenue

a) Lack of General receipts

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It was noted that for all the Non Tax Revenue collected by URA on

behalf of the secretary to the ULC, no general receipts were issued

by the commission for the amounts collected contrary to sec 13(c) of

the Treasury Accounting Instructions 2003 part 1. This means that

the commission has no basis for entries to be made in the

commission books for Non Tax Revenue collected and as a result no

cash book was prepared for the collections during the year. In the

absence of this I could not confirm the balances disclosed in the

financial statements as having been collected.

The Accounting Officer should obtain general receipt books from

treasury to receipt all NTR collected in accordance with the Treasury

Accounting Instructions.

b) Lack of controls in monitoring of debtors:

The Commission receives annual lease rentals from those lessees to

whom government land is leased out. However there is no system in

place to monitor lease payments and outstanding rentals.

Therefore, I could not ascertain how much should have been

collected from such a source during the year under review.

The accounting officer attributed this to non operational postal

addresses and non functional telephone numbers provided by the

lessees.

There is need to open up a ledger into which all the above lessees

should be recorded and up dated as and when payments are

received and to put in place mechanisms for reminders whenever

rent is due.

40.8 Guidelines for Valuation of Land

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The Commission raises offers for all lease applications which are successful

showing the total premium and annual lease payments payable. It was

noted that in some instances initial premiums offered are sometimes later

revised downwards.

However, there are no proper guidelines valuation and variation of offers.

The final premium paid appears to depend on negotiations between the

Government Valuer and the applicants. There were also no standard rates

for plots of land in a particular area.

The following offers were revised after acceptance but I did not ascertain

the criteria used to reduce the premiums and rentals.

Plot No. acreage Initial

rental

Revised

premium

Initial

premiums

Revised

premiums

41 Kaggo

Rd Mbuya

0.333ha 2,000,000 1,000,000 40,000,000 20,000,000

37 Kaggo

Rd Mbuya

0.248ha 1,500,000 750,000 30,000,000 15,000,000

33 Kaggo

Rd Mbuya

0.272ha 1,650,000 800,000 33,000,000 16,000,000

35 Kaggo

Rd Mbuya

0.233ha 1,400,000 700,000 28,000,000 14,000,000

39 Kaggo

Rd Mbuya

0.223ha 1,350,000 650,000 27,000,000 13,000,000

In the table above the plot 41 Kaggo Roads Mbuya was offered to an

applicant at a premium of Shs.40,000,000 and annual rental of

Shs.2,000,000. The applicant requested for a reduction because he could

not afford the applicable terms. A reduction was subsequently made to

Shs.20,000,000 as premium and Shs.1,000,000 annual rental. Immediately

after, he requested the Commission to transfer the offer to another

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applicant at the new terms since he could still not pay up. I found this

strange.

The Commission should streamline the procedures for allocation and

disposal of government land to ensure transparency and maximize value.

40.9 Lack of Approved Staff Structure

The Uganda Land Commission was granted self accounting status in July

2006 by parliament specifically to provide for tenure, ownership and

management of land to ensure rational and sustainable utilization of land

for economic development. It was however noted that the Commission still

operates on the same structure which was approved by Ministry of Public

Service when it was still a department under the Ministry of Lands. It has

currently 24 established and 7 contract employees who according to the

Accounting Officer are not adequate for the proper functioning of the

organization.

The Accounting Officer explained that the process of rationalizing of the

work activities and review of the structure was underway.

41.0 UGANDA INDUSTRIAL RESEARCH INSTITUTE

41.1 Governing Board

The Uganda Industrial Research Institute Act, 2002 provides for

establishment of a governing board consisting of a Chairperson and eleven

(11) other members selected from various organisations as specified in the

first schedule to the Act. It was however noted that at the moment the

Institute does not have a fully constituted functioning board. Although

appointments were proposed by Cabinet, the process was not progressed

because of the need to have the Uganda Research Institute Act 2002

amended.

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It was also noted that process of restructuring the Institute has not been

completed as directed by the Cabinet.

The absence of a functioning board and an appropriate organisation

structure for the Institute implies that there is lack of an appropriate

governance framework to give the Institute strategic direction.

41.2 Current Status of Uganda Industrial Research Institute

Uganda Industrial Research Institute (UIRI) is currently a parastatal

organisation established by an Act of Parliament of Uganda under the

auspices of the Ministry of Tourism, Trade and Industry (MTTI).

The Mission of the Institute is “To improve capacity and competence

of the private sector in undertaking viable industrial production

processes, and increase the sector’s ability to produce high quality

marketable products through enhanced research, training and

technical know how”. The other part of the dual mission is to provide

demand driven scientific industrial research and development (R&D) as well

as internationally competitive technical services that will lead to rapid

industrialisation for the benefit of the people of Uganda.

Uganda Industrial Research Institute has traditionally been involved in food

processing, ceramics and analytical laboratory practice.

It is not yet clear whether Uganda Industrial Research Institute is on the

right track as far as its mission attainment is concerned. The National

Planning Authority (NPA) in its June 2005 publication paints a gloomy

picture of the state of industrialisation in Uganda as highlighted by the

Executive Director, UIRI in his paper – the role of Uganda Industrial

Research Institute in industrialisation of Uganda.

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The National Planning Authority Vision 2035 document stated among others

that:-

• Uganda is grossly deficient in technology and lacks adequate indigenous

capability of technological masterly.

• It is estimated that only 12% of Uganda’s exports are high technology

exports compared for example to Malaysia with 58%.

• Uganda currently lacks the necessary technological man-power which

can absorb technology through the process of technology transfer.

• The problem of weak indigenous technological capacity is compounded

by the shortage of scientists, engineers and technicians, who are

specially trained for the purpose of technology adoption and diffusion in

the country.

The Executive Director in his paper also quoted the economic commission

for Africa (E.A) which reported Uganda’s manufacturing sector to have

contributed up to 12% of GDP in the 1960s, 15% by 1974 and only 12%

currently. These findings indicate the future challenges that UIRI has to

address and its role in economic development of the country.

Government through the relevant Ministries should intervene to ensure that

the Mission and Mandate of UIRI are realised and enhanced.

41.3 The Industrialisation and Innovation fund

The industrialisation fund was formally launched in financial year 2005/06

with a budgetary support of UShs.7.25 billion to support commercialisation

of value addition for coffee, banana and cotton. Shs.2.75 billion was also

reportedly provided for the support of development and commercialisation

of suitable technology proto-types and to be co-ordinated by UIRI. The

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Permanent Secretary/Secretary to the Treasury letter ref: ISS/57/255/015

of 13.04.2005 seems to confirm this position.

However, I am not in a position to confirm whether the said fund was

established and how it has been operated.

41.4 Unaccounted for Advances

Contrary to the Public Finance and Accountability Regulations Section 65

that requires retirement of imprest by the end of the financial year,

Shs.2,720,000 advanced to an official for fuel and allowances for carrying

out training remained unaccounted for.

41.5 Renovation of the PCB Laboratory

During the period the Institute carried out renovations on the PCB

laboratory. It was noted that the renovations were carried out by the staff

of the Institute instead of contracting it out to private firms. There was no

evidence that the work was being properly supervised by a competent

authority.

Furthermore materials for the work were bought in many instalments and

most of them lacked proper supporting documents. I could not establish

the total cost of the work because I was not availed with any initial budget

or the completion report on the renovation.

I have advised the Accounting Officer that certificates of work done and

progress reports be availed for review.

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42.0 UGANDA AIDS COMMISSION 42.1 Excess Expenditure

The Statement of Appropriation Account reflects excess expenditure of

Shs.623,803,865 for which management did not obtain Parliament

approval. During discussions, the Accounting Officer explained that the

amount was mainly a result of direct donor funding through projects. I

advised him that the law requires all expenditure including project

expenditure have the approval of Parliament.

42.2 Uganda Aids Commission Building

Since the time the new building was commissioned on the 8th October 2005

the following has been noted.

• The floor tiles are peeling off.

• The climbing stairs have developed loose ends.

• Toilets have been restricted in use because they are broken.

In view of the above the quality of workmanship becomes questionable and

this may lead to higher future maintenance costs.

In his response the Accounting Officer explained that all defects were

corrected during the defect liability period and all subsequent defects are

now being treated as routine maintenance.

I have advised him to provide for an adequate maintenance for the

purpose.

42.3 Uganda HIV/AIDS Control Project; IDA Credit NO.3459

(a) Counterpart Funding

It has been noted that the Government of Uganda budgeted for

shs.625,000,000 to finance project activities. However, only

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Shs.200,000,000 was released leading to a shortfall of Shs.425,000,000.

This affected timely completion of project activities.

As at 30th June 2007, the project management forwarded unsettled

payments amounting to Shs.201,780,315 to the Uganda Aids Commission

(b) General Standards of Accounting and Internal Control

(i) Vehicle costs

It was noted that several district vehicles were repaired by the

project management and yet the vehicle repairs and maintenance

was the responsibility of the districts.

In addition, certain vehicles allocated to the districts were brought to

the project to repair them. However, it was observed that some

vehicles were repaired twice for instance Vehicles Number UAA 577E

for Mayuge district was repaired on 23/2/7 at a cost of 12,768,190

and on 15/3/2007, additional repairs were carried out amounting to

Shs.5,458,680.

Below are vehicle repair costs incurred by the project:-

Sironko 13,522,660

Prisons 12,909,120

Mbarara 16,314,559

Bushenyi 5,453,665

Hoima 9,842,000

Kabale 9,688,803

Masindi 12,876,650

Total 79,454,260

Management explained that owing to continued resource constraints

it became increasingly difficult for some districts to meet the vehicle

operational costs. In such exceptional cases the project office paid

on behalf of districts repair and parts replacement costs.

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He further explained that the intervention was necessary for the

vehicles to remain on road and sustain the district level multi-

sectoral activities as the project support came to an end.

(ii) Fixed Assets Management

The project maintains a fixed assets register. However, additional

project assets procured during the year were not included in the

register. For instance, the following assets were not included in the

fixed assets register.

• 1 desktop dell GX 620

• 2 desktop dell 210

• 2 laptops

• 4 LaserJet printers

• 3 APC 100VA UPS

• 60 conference chairs

• 10 conference tables(6 seater)

• 10 bookshelves with glasses

• 17 open book shelves

• 1 board room table 30 boardroom chairs

• 6 library tables

• 30 library/shelves

• 1 sofa set

Lack of update register may weaken monitoring of fixed assets which

can lead to unwarranted purchases of assets.

Management explained that the assets were subsequently recorded

in the assets register.

Management has been advised to ensure that the fixed assets

register is regularly up-dated.

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(iii) Sustainability

According to the Project Completion Report (PCR) the project

contributed in the multi-sectoral approach to respond to the

HIV/AIDS scourge through a number of Interventions like CHAI,

LQAS and District HIV/AIDS strategic planning which will provide for

subsequent HIV/AIDS programmes. However, it was noted that the

long term sustainability will not be realized unless activities of the

project get mainstreamed in the government budgets. In addition,

the situation of maintaining the HIV/AIDS community support

programme started by the project is not clear.

Management explained that the sustainability has been given due

consideration by:-

• Mainstreaming HIV/AIDS in the Poverty Eradication Action Plan

(PEAP).

• Mainstreaming HIV/AIDS in Local Governments.

• Institutionalization of Community Driven Development (CDD)

• Increased Funding from Development Partners

43.0 MAKERERE UNIVERSITY 43.1 Unauthorised Expenditure

During the year, the University’s actual expenditure on employee costs was

Shs.71,273,850,590 against the approved budget of Shs.60,158,954,140

leading to excess expenditure of Shs.11,114,896,450. No evidence of

reallocation or virement was availed for audit. The practice of spending

beyond the approved limits is an indication of weaknesses in controls over

budgetary expenditure.

I advised the Accounting Officer to always endeavour to spend within the

approved budget and where there is need to re-allocate funds, the right

procedures should be followed as provided by regulations.

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43.2 Un-audited Account Balances

Examination of accounts revealed that various balances like the sundry

debtors balance (Shs.72,345,200), sundry creditors balance

(Shs.4,534,845,982), deposits received (Shs.3,393,570,470), cash and cash

equivalents (Shs.15,088,521,999) and withholding tax payable

(Shs.20,212,196), could not be verified due to absence of supporting

schedules, hence limiting the scope of my audit.

I advised management to update the respective individual account ledgers

and prepare schedules to support those balances appearing in the final

accounts. I recommend further that management should justify holding

over shs.3 billions on its below–the-line account (deposits) without paying

over the funds to its rightful recipients.

43.3 Authority for operating University Bank Accounts

It was further noted that the University operates 132 (one hundred thirty

two) bank accounts. However, although the Universities and Other Tertiary

Institutions Act, 2001 requires the University to seek authority from its

council to operate bank accounts, evidence for the Council’s authority was

not made available for audit. In the absence of such authority the opening

and operations of the accounts is rendered irregular.

In a related development it was noted that various University clients can

transact business with at most four bank accounts of the University. I did

not obtain justification for the operation of so many bank accounts by the

University.

I urged the University management to always seek authority from the

University Council to open and operate any bank account as required by the

law. I recommend further that management should also consider

minimising the number of operational bank accounts to ease supervision

and strengthen financial management controls.

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43.4 Un-authorized Allowances

A total of Shs.4,520,666,098 was paid to academic and non academic staffs

in form of allowances during the year under review. Scrutiny of supporting

documents however revealed that whereas a category of allowances

totalling Shs.2,237,145,861 were approved by the University Council, the

balance of Shs.2,283,520,237 were unlawfully paid. Among the irregular

allowances paid were: examination setting allowance, data entry allowance,

responsibility allowance, Administrative staff examination allowance,

Registration allowance, teaching allowance and department retention

allowance.

Payment of un-approved allowances violates the authority of the University

Council.

In their written response management stated that the allowances were

budgeted for by the faculties and the budgets were approved by the

Council. I advised the accounting officer to further streamline the

allowances payable to staff to ensure that only allowances approved by

University Council are paid and to have the irregular allowances regularised

by the Council.

43.5 Procurement

(i) Procurement Plans

The University does not have a Master Procurement Plan as required by the

PPDA Act. This is partly due to the fact that the individual departments

prepare their plans but these are not consolidated together. Some

departments do not submit procurement plans in spite of reminders.

Management explained that departments have requested for a procurement

staff to be attached to each Faculty so that he/she can give guidance and

advice on procurement matters.

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I advised management to always comply with the PPDA Act and regulations

as far as procurement planning is concerned.

(ii) Assorted Procurements at faculty of Social sciences

The faculty of Social sciences incurred shs.75,641,766 on assorted goods

and services during the period under review. However, contrary to the

Public Procurement and Disposal of Public Assets Regulations Sec. 84, Sec.

117 and Sec. 118, the payments were not supported by Local Purchase

Orders, Delivery Notes and Goods Received Notes. It was noted that

individuals were routinely advanced funds to purchase office items instead

of using the pre-qualified firms through the procurement unit. I was

therefore unable to ascertain whether value for money was derived from

these procurements. The table below gives the breakdown.

S.no Nature of procurement Amount 1. Advances to individuals 19,831,000 2. Single sourcing 55,810,766 TOTAL 75,641,766

I advised management to carry out an investigation to ascertain the probity

of these procurements.

(iii) Painting Faculty Buildings

The Faculty of Law spent a total of Shs.5,294,210 to purchase paints and

materials for painting its buildings. Another sum of Shs.3,185,000 was

incurred on labour charges. However, there was no evidence that technical

advice was sought from the estates department in terms of requirements

and fees chargeable. Besides, the painter was single sourced contrary to

PPDPA regulations which provide for competitive procurement for

purchases above Shs.2 million.

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In response management stated that in future, procurement regulations

shall be followed strictly.

(iv) Stationery

An amount of Shs.19,219,000 was paid to a stationery supplier for having

supplied assorted stationery for the Academic Year 2006/2007 semester 1

for the faculty of Law. Scrutiny of supporting documents revealed that the

procurement was not made by use of a Local Purchase Order as required

by regulations.

The stationery received was recorded in a counter book instead of a stores

ledger. However, usage could not be verified due to the absence of

necessary supporting documentation.

During discussion the Accounting Officer explained that necessary records

would be traced and produced for audit.

I advised the Accounting Officer to investigate the purported supply with a

view to ascertaining value for money and taking corrective action. I

recommend further that all procurements should be handled in accordance

with the PPDA Act and Regulations.

(v) Teaching materials

Various staff of the Faculty of Veterinary were advanced a total of

Shs.111,244,472 for procurement of assorted teaching materials. It was

however noted that the single sourcing method of procurement was used

predominantly, instead of competitive bidding as required by the PPDA

regulations.

I advised the Accounting Officer to investigate the transactions. I

recommend further that all procurements should follow the guidelines

outlined in the PPDA Act and regulations.

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(vi) Micro Procurements of Goods and Services

A sum of Shs.136,866,760 was incurred on Micro Procurement by the

Academic Registrar’s Department. However:-

• Contrary to section 118, 142, 117 of the Act, Shs.78,785,331 worth of

goods were purchased from firms which were not pre-qualified. Single

sourcing was applied to select the suppliers.

• Similarly, single sourcing was applied to purchase goods amounting to

Shs.34,710,150. The Procurement falls under restricted bidding

according to section 115 and 142 of the Act.

• Contrary to regulations a total of Shs.12,265,340 was paid to the

supervisor of works in the University’s Estates Department for direct

labour and supplies.

• Contract Committee authority was not sought for printing services paid

at Shs.11,105,030.

• The number of micro procurements were many and not supported by

user requisitions as required by PPDA Act section 34 (1) (b).

• Repetitive orders were given to some suppliers without rotating them as

required by regulations 143 (4) (a).

Repetitive orders on micro procurement to certain firms and individuals are

not permitted under the PPDA Regulations. The PPDA Act and Regulations

2003 should be adhered to.

I advised the Accounting Officer to ensure that the PPDA Act and

Regulations, 2003 are adhered to.

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(vii) Procurement of Text Books

A local firm was paid Shs.292,216,001 through Bank of Uganda in respect

of supply of text books for the University Library. However in the absence

of bidding documents, evaluation minutes and contracts committee

approval I could not vouch for the regularity of the procurement process.

It was further noted that the delivery notes attached were neither certified

by Internal Audit nor stamped by the Librarian as received and taken on

charge. There is a risk of under delivery of books which would lead to

financial loss.

(viii) Printing Services

A sum of Shs.16,470,000 was paid to a firm for printing the African Crop

Science Journal without subjecting the procurement to competitive bidding.

In addition the firm was not a pre-qualified service provider contrary to

regulation 84, 117 (2) and 142 of the Public Procurement and Disposal of

Assets Act 2003. Improper procurements subject government to the risk of

loss of funds.

I advised the Accounting Officer to ensure that the PPDA Act and

Regulations are adhered to.

(ix) Purchase of binding materials and related stationery

Binding materials and associated stationery worth shs.74,205,452 were

purportedly procured for the university library during the year. However in

the absence of requisition notes, contracts committee approval and local

purchase orders I was not able to satisfy myself that the procurement

complied with the Public Procurement and Disposal of Public Assets Act,

2003. In reply management stated that supporting documents are

available. I await delivery of these documents for verification.

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(x) Irregular Micro Procurement at Faculty of Human medicine

The Faculty of Human medicine incurred a sum of Shs.53,403,991 on

goods and services during the year under review. Scrutiny of supporting

documents revealed that the Faculty did not adhere to the various sections

of the Public Procurement and Disposal of Assets Act/Regulations 2003 as

indicated below:-

• Most payments were not supported by Local Purchase Orders. • Orders were given to pre-qualified service without competition.

• Firms and individual suppliers who were not pre-qualified were issued

with orders to supply goods and services.

• There is no evidence that quotations and proposals for micro

procurement were submitted to the contracts committee for evaluation

and approval.

• There were no delivery notes attached to some payments to confirm

deliveries and to facilitate stores verification.

It would also appear that payments were split to avoid use of

recommended procurement regulations.

I advised the Accounting Officer to investigate the individual procurements

to ascertain whether value for money was derived from the funds spent

and take corrective action where necessary. I recommend further that the

Accounting Officer ensures that the PPDA Act is adhered to in all

procurements made.

43.6 Hire of Lecture rooms

Four faculties incurred Shs.105,735,000 on hire of lecture rooms from other

faculties/departments during the year under review as follows;

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Hiring department/faculty

Amount Fees Receiving department

Computing and information technology

55,800,000 Food science, physics and St. Francis Chapel.

Law 21,735,000 Food science and Senate building Social sciences 13,800,000 Various Institute of Statistics and applied Economics

14,400,000 Technology

Total 105,735,000

However, there is no policy to guide management on the hiring rates,

duration, space size, accessibility to facilities and terms of payment. Lack

of clear policy may lead to some faculties overcharging others.

Management explained that the University Council would review the matter.

I await the outcome of the University Council’s review.

43.7 Irregular remuneration (i) Payments of Salary in Lieu of Leave

A sum of Shs.6,881,170 was paid to sixteen members of support and

administrative staff in the faculty of law in lieu of annual leave. This

practice is irregular because the government abolished the policy of

payment in lieu of leave. Besides the University salary and wages

department did not consent to the payments, nor was the University

administration consulted.

During discussions, management promised to recover the funds. I await

evidence of recovery.

(ii) Double Salary Payments

A member of staff at the faculty of law acting in a post was paid a full

monthly salary attached to an expatriate of Shs.1,142,857 in addition to his

routine salary. This is contrary to regulations which permit payment of

acting allowance which is normally a percentage of gross salary or the

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difference of the two officers’ salaries. Management pledged to recover the

extra payment. I await necessary action.

(iii) Contract Staff Salaries at School of Education

Thirty (31) contract staff were recruited at the school of Education without

following proper recruitment procedures. There was no evidence that the

recruitment was approved by the Human Resource Department with regard

to necessary competences. It would therefore appear that the attributable

wages of Shs.60,084,203 were incurred improperly.

Management explained that in the decentralised system the faculty had

been using an internal committee which would later seek central

administration endorsement. Management was advised to have the

recruitments regularised.

(iv) Payment of Part Time Salaries at the University Hospital

A sum of Shs.10,226,000 was paid out in form of salaries to part time staff

employed by the Hospital. Scrutiny of supporting documents however

revealed that:-

• There were no vacant posts in the establishment to warrant recruitment

of part time staff.

• The Hospital authorities recruited these staff without approval of the

Human Resources Department.

Management explained that the hospital structure is under review and that

the part-time staff are to be regularised. I await evidence of action taken.

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43.8 Advances Not Accounted for (i) Subvention Account

A sum of Shs.71,924,910 was drawn from the subvention account and

advanced to various faculties to enable students carry out industrial

training, field visits and for purchase of surgical sundries. However in the

absence of lists of recipients, dates of visits, receipts for purchases made

and field reports, I was unable to confirm that the funds were used for the

intended purpose.

Faculty Amount Purpose of advance Science 20,647,520 Industrial visits by Industrial Chemistry

students Veterinary 5,316,000 Out of station allowance Medicine 18,055,800 Elective programme during recess term Forestry 9,514,000 Field trips Science 6,419,000 Purchase of teaching materials Science 3,584,000 Students clerkship in Butabika Veterinary 8,388,590 Purchase of surgical sundries Total 71,924,910

(ii) Funds Not accounted For at Various Faculties

A total of Shs.237,166,168 advanced to staff to carry out various activities

at various faculties was not accounted for at the close of the financial year

contrary to financial regulations. I could not ascertain whether the funds

were applied to the rightful purpose.

Faculty Amount (Shs) Purpose

Social Sciences 54,570,000 Student Internship allowances

Medicine 166,793,268 Research, workshops, travel,

stationery, vehicle maintenance.

University Library 15,852,900 Workshops, maintenance, reading

materials etc.

Total 237,166,168

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I advised the Accounting Officer to provide accountability of the funds.

43.9 Operation of Generators

Following recent power shortages experienced in the country, Several

University departments acquired generators. Review of fuel usage at a

sample of departments revealed various anomalies as outlined;

(i) Procurement of Generator

A generator worth Shs.120,761,200 was purchased from a company to

serve the University Library. However scrutiny of procurement documents

revealed that the procurement was not competitively bidded for as required

by the PPDA Regulations. There was also lack of the inspection report on

the quality of the generator by the estates department, neither did it have

an operational manual.

(ii) Generator Fuel

A sum of Shs.54,986,656 was paid to various filling stations in respect of

fuel for the generators under Academic Registrar’s office (Shs.7,232,076).

University Library (Shs.29,349,700), Faculty of Computing

(Shs.14,302,280), and Faculty of Economic Management (Shs.4,102,400).

Fuel worth Shs.8302,000 was also purchased through direct cash payments

by the Directorate of ICT. However, the utilisation and consumption could

not be verified because:-

• There were no requisitions, order forms and goods received notes for

the fuel. Fuel deliveries and issues were not recorded.

• The gauge for the generator for the Main Library was found faulty while

that of the Faculty of ICT, readings were not being taken although the

gauge was working.

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• The estate department plays no role in the supervision and maintenance

of the generators. In many of the departments and faculties this role

has been left to the faculty accountants and the custodian.

I advised management on the need to streamline the procurement,

supervision and maintenance of power back-up systems at the University.

This may also necessitate exploring other alternative cheaper and more

efficient sources.

43.10 Fuel Refund

Two senior officers of the Faculty of law were paid Shs.11,740,000 in cash

to meet fuel requirements for official vehicles. This is contrary to

government policy that stipulates use of Fuel cards to minimize handling of

cash. Besides vehicle movement logbooks were not availed to determine

authenticity of journeys made. I was therefore not able to ascertain the

probity of the expenditure. Management explained that the fuel card

system is to be adopted promptly and that accountability would be availed.

I await necessary action.

43.11 Doubtful Expenditure

Expenditure totalling to Shs.47,811,719 incurred by the University Main

library on various works appeared doubtful as explained below;

• One firm was paid a total of Shs.21,099,359 for various carpentry works

and supplies. All the payments were not supported by user requisitions,

LPOs, delivery notes and contract documents and invoices and the work

was not verified by Estates Department.

• The Department of Mechanical Engineering did some roofing and

fabrication works at a cost of Shs.2,601,000. The University Librarian in

her comment dated 7th August, 2006 pointed out that the same work of

roofing had been done by Estates Department. The additional works

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done by the Mechanical Engineering Department was not verified by

Estates Departments and is therefore considered doubtful. It appears

controls regarding processing of payments are inadequate.

I advised management that there should be thorough scrutiny of repair

claims to ensure that they are genuine and properly supported by

requisitions, LPOs, delivery notes and invoices as required by accounting

regulations.

43.12 Collapse of the Newly Constructed Perimeter Wall at Makerere

University

A newly constructed perimeter wall around the University comprising of

133m along Makerere North Road collapsed on Saturday 8th September

2007. According to the Estates Manager, the total constructed length of the

perimeter wall was 694 meters implying that 20% was affected. Scrutiny of

engineering reports, supporting documents and inspection of the

construction site revealed various anomalies which are outlined in the audit

findings below;

Audit findings:

(i) Procurement

According to a report issued by the PPDA, the procurement for the

construction of the perimeter fence was not conducted in accordance with

the PPDA Act, 2003 and the attendant Regulations. The in-house

procurement method used was carried out without PPDA approval and the

procurement organs established in the PPDA Act such as the PDU and the

Contracts Committee were not involved in the procurement.

(ii) Un Authorised Expenditure

Review of expenditure vouchers together with cheque details revealed that

a total of Shs.160,393,973 was actually spent on the wall fence contrary to

the authorized amount of Shs.126,000,000. The extra amount of

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Shs.34,393,973 was apparently diverted from the budget item meant for

maintenance of university houses and roads. The authority for diversion of

funds from one item to the other was not availed for verification. Diversion

of approved funds distorts the University budget and indicates breakdown

of control over budgetary expenditure.

I urged management to avail authority for diversion of funds from

maintenance of university houses and roads to construction of the wall

perimeter.

(iii) Irregular Procurement Of Labour

A sum of Shs.19,879,908 was paid to various firms and individuals

purportedly for construction labour. However, it is not clear whether a fair

price was paid for the labour since there was no competitive bidding and/or

prequalification of suppliers. There was no evidence of technical evaluation

of the competence of the firms and individuals. The legal status of the firms

is also not known. As a result the University may not succeed in holding the

other parties liable for work done; neither can it succeed in seeking

remedies in court. Moreover in the absence of supervision reports, it is not

clear whether the hired labourers were closely monitored during the course

of construction. Sourcing of service providers appears to have been a

private affair in complete contravention of PPDA Act. It also appears that

the original assertion that the estates department had sufficient capacity to

carry out the job of building the wall was completely inaccurate. Additional

technical anomalies are outlined in paragraph 12.6 of this report.

I advised management to establish the legal status of the service providers

and explore the possibility of seeking remedies from them. The works

supervisors should also be held responsible for negligence of duty. In

future management should abide by PPDA procurement regulations

particularly those relating to pre-qualification of service providers.

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(iv) Procurement Of Building Materials

a) Sand, Stone Dust And Aggregate Stones A sum of Shs.23,437,280 was paid to two firms for supply of sand,

stone dust and aggregate stones without competitive bidding. There

was no contract agreement for supply of the materials. The terms

and conditions by which university Lorries UG O477E and UG 0315E

were used by the firms to ferry sand were not stated.

At delivery the items were neither taken on charge nor recorded at

the point of usage. The quantity and quality of materials together

with the detailed usage could not be ascertained in the absence of

clear records and supervision reports. Further anomalies in the

quality of materials are outlined in paragraph 12.6.

Management has been advised to investigate the legal status of the

suppliers of materials should be investigated with a view to seeking

remedies. I recommend further that the terms and conditions for use

of university vehicles should be availed for audit.

b) Cement and Building Blocks

A sum of Shs.15,707,500 was incurred on 752 bags of cement of

which 627 bags had been issued for block making and construction

of the wall fence at the time of the partial collapse of the wall. In

the absence of clear supervision reports and completion certificates,

it was not possible to ascertain whether all the cement was utilised.

It was further observed that Shs.5,250,000 was purportedly incurred

to purchase building blocks yet cement and sand had been

separately issued for block making. Further scrutiny of the record

books and goods received notes revealed that 500 blocks

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purportedly bought from a company on 5/4/2007 for Shs.750,000

were not recorded as delivered. This purchase is therefore doubtful.

I advised management to carry out further investigation to ascertain

whether all the cement and building blocks were procured and

applied to the intended purpose.

(v) Weaknesses in Record Keeping

The standard of record keeping at the estates department who were the

executors of works was found to be inadequate as explained below;

a) The building materials were posted in counter books which do not

indicate issues and stock balances sequentially. There is a risk that

management would not adequately determine and/or control stocks

of materials in the stores and at site, neither would they determine

re-order levels, usage rates and the corresponding financial

implications.

b) The building blocks made in-house at the estates department were

not recorded. Without proper records, the cost of making blocks

locally could not be determined for subsequent comparison with

buying on the open market.

c) Materials issued from stores were only recorded in the gate pass.

Although this serves as a security measure, it is insufficient for

determining stock balances and planning purchases.

d) The cash receipts were not supported with payment vouchers. It

was not clear whether all purchases were therefore authorized

appropriately.

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I advised management to ensure that proper books of accounts and

documents as outlined in the Treasury Accounting Instructions are

maintained at the estates department.

(vi) Engineering Anomalies

Review of the technical report prepared by the department of Civil

Engineering of Makerere University revealed various technical anomalies

which could have caused the wall collapse. These are summarized in the

matrix below.

S.No

Item Consultant’s design

Actual field observations

Variance Comments

1. Foundation size and Depth

690mm wide by 230mm depth

600mm wide by 150 depth

90mm in width and 80 mm in depth

Shallow foundation depth resulting into weak bearing

2. Concrete quality in foundation

Quality of concrete was very low as evidenced by ease with which rainfall run-off eroded it while leaving aggregates exposed.

Compromised structural strength

3. Intermediate columns

Entire boundary wall to be framed structure with columns of 300mm by 300 mm in size reinforced with 4Y16 main bars and R8 links at 200mm spacing for the long columns and 4Y12 main bars for short columns.

All these columns were omitted and replaced with plain (un reinforced) concrete of 230mm by 230mm to hold and support the metal grilles.

This was fundamental departure from the consultants’ specifications. Eliminating columns meant the entire masonry wall lacks a stiffening mechanism to resist lateral pressure (wind, earth quakes etc).

4. Masonry Walls

230 mm walls to carry only their weight. Concrete columns to resist lateral

200 mm walls to carry both vertical and horizontal loads

Strength and stability of the wall panels was reduced.

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forces ( wind ,earth tremors etc)

5. Compressive strength

Recommended crushing strength (MPa) 3

Actual crushing strength ( MPa) 0.707

Deficiency in strength was 76%

6. Backfilling and Drainage

Exposed foundations after construction. Backfilling and compaction not done. No provision to drain runoff water.

Structural integrity compromised

7. Concrete quality in general

20 mm recommended

Aggregate size used was 50mm, more than two times maximum recommended. Water to cement ratio was high indicating low cement content evidenced by aggregate completely separating from the concrete mix. A general low strength of the concrete evidenced by the ease with which the mixture could be crushed by hand.

Generally the concrete used in the entire construction shows signs of poor quality.

There is need for an engineering analysis to be carried out on the rest of

the wall fence to ascertain its strength particularly in respect to:-

• Structural components • Reinforced columns

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• Appropriateness of materials such s blocks and concrete in terms of

aggregate size, founding soils, mortar joints, etc.

• Adequacy of provision for drainage. I advised management to consider outsourcing the outstanding works so as

to provide for insurance against poor workmanship, where by the

contractor would be required to compensate the University in case of

defects.

43.13 NORAD Support to Makerere University Institutional Development

Programme Phase II

Accountability System.

The following anomalies were noted in the projects accountability system

for advances:

• An amount of Shs.477,650,005 advanced to various activity

implementers remained un accounted for by the time of audit in

December 2007.

• Management does not carry out an age analysis of the advances so as

to be able to follow up advances outstanding for long periods of time.

• Individuals are advanced large sums of monies which they keep for long

periods of time; this makes it susceptible to abuse.

Delays in accounting for funds may lead to falsification of documents.

Management explained that amounts advanced, in this case, were for

research and was 60% of the total research amount and that

researches for which the accountabilities have been submitted are those

whose activities against the advances were completed.

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The rest of the researches are on going and the time for completion of

the research works has been indicated and it is then that the funds will

be accounted for.

I advised management to Institute procedures and controls to track all

advances to researchers.

43.14 Developing Capacity to Improve The Quality and Relevant of Education of Health Professionals in Uganda (PROJECT NO: UGA/082-PARTY A GRANT NO:CF 1880)

(a) Bank Reconciliation Statements

It was noted that although bank reconciliation statements are

prepared they are not checked by a senior officer. This implies that

any errors made whether intentional or otherwise, may not be

detected and corrected.

Management explained that all reconciliations had been done except

that process of checking them had not been completed.

(b) Assessment of Delivery of Output

According to the work plan an amount of €576,161 was budgeted to

be utilized for the years 1 and 2 of the Project life during the period

under review. As at end of year 2 only €.66,372 had been spent as

per the final accounts implying that activities are not implemented

on schedule and according to Work Plans. This may lead to

extending the Project life and extra administrative costs.

During discussions management explained that the Project activities

started late in July 2005 instead of January 2005 because the funds

were released late. Subsequently, the construction which was

supposed to start January 2006, started August 2007 and yet it is

the budget line item that takes a lot of money.

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43.15 Support to Research Activities at Makerere University (SIDA CONTRIBUTION NO: 75007304)

(a) Delayed accountability

It was noted that there were delays in accounting for funds

advanced to activity implementers. For instance, the advances of

$259,977 made to various staff had not been accounted for at the

time of audit in September, 2007:-

In addition funds expended by the Iganga/Mayuge Demographic

Surveillance Site (DSS) for the period covering April, May, and June

2007 amounting to Shs.79,762,921 had not been accounted for.

Delays in accounting for funds may lead to falsification of

documents.

Management explained that by the time of audit some of the above

funds were not yet accounted for, but some were already accounted

for, however the accountability reports were not yet filed in the

respective individual files.

The accountabilities will be verified in the subsequent audit.

I advised management to ensure that activity implementers account

for all the advances.

(b) System of payments

It was noted that the project implementers are advanced large sums

of money in their personal names. This is risky because large sums

of money may be tempting to an individual.

Management explained that researchers are advanced large sums of

money in their personal names because of the nature of the

research they do. These researchers are advanced funds which they

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are able to utilize within a maximum of three months. It is only when

a researcher has to carry out research out side Uganda that he/she

is allowed to have funds to cover the period he/she is to stay out

side Uganda in the field. However the steering committee has

proposed a form which will work as a contract between the

researcher and the program management, stating when to account

for funds. It will restrict the researcher to have a maximum of three

months to account and submit accountability within two weeks after

completion of the activity.

I advised management should advance funds in smaller quantities

and then researchers account for these funds before further funding

is provided.

(c) Fixed Asset Register

It was noted that the following project assets had not been

engraved with both the project name and unique identification

numbers, at the time of this audit in September 2007:-

Item Location

i. 3 Generators Faculties of medicine, Technology and Medicine

ii. Circulating machine Main Library

iii. Laptop Faculty of Computing and IT (Ali Ndiwalana)

iv. Colposcope Faculty of Medicine

v. LEEP-Unit Faculty of Medicine

This makes it difficult to identify a project asset in case of loss.

It was further noted that the Circulating machine procured by the

Main Library in the month of November 2006 was not yet

operational.

I advised management to ensure that all project assets are engraved

soon after delivery.

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(d) Lack of Segregation of Duties at the DSS

It was noted that there is lack of segregation of duties in the

accounts section at the Demographic Surveillance Site (DSS). The

DSS has one accounts assistant who does the following functions:-

• Writing a requisition

• Writing cheques

• Drawing money from the bank

• Paying staff/for activities

• Posting the cashbook and

• Preparing the Bank Reconciliation Statements.

This weakens the internal controls put in place.

I advised management to expedite the recruitment of another

Accountant.

(e) Assessment Of Delivery Of Output

According to the budget and financial statements, an amount of US$

4,305,605 was budgeted to be utilized during the period under

review. However, only US$2,877,227 (equivalent to 66% of the

budget) had been spent by the end of the year. This can imply the

following;-

• Low absorption capacity by the project management

• Activities are not implemented on schedule

• May necessitate extension of the project duration leading to un

necessary administrative costs.

Management explained that this was because the starting of Phase

II activities was delayed to allow completion of planned activities for

Phase I. Phase I activities were extended up to December 2005.

This extension has continually affected operations of the two years

of Phase II. However looking at the rate at which the activities are

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being implemented now, it is evident that there is an improvement,

we hope that by end of2008 all activities will be on schedule. In fact

the absorption rate attained is commendable compared to what

happens elsewhere in the country.

I advised management to ensure that funding implementation of

activities is done according to the Workplan.

44.0 MBARARA UNIVERSITY 44.1 Pay Disparities Between Academic and Non-academic Staff.

Teaching and non-teaching staff at the university who are employed at

similar scales are paid disproportionately to the disadvantage of the latter.

The monthly disparity is Shs.54,645,786 which translates into

Shs.655,749,432 annually owing to the number of non-teaching staff who

are two hundred fifty seven. There is a risk of administrative unrest if the

disparity is not addressed. Management explained that in spite of various

requests to the Ministry of Finance no solution has been found.

Management should continue liaising with the relevant Ministry to

harmonize remuneration of staff who are employed at similar scales.

44.2 Human Resource Management Manual.

The University lacks a human resources management manual that would

give guidance on the different aspects of staff administration such as

recruitment, promotion, training and staff remuneration.

It was also noted that 15 academic staff and 11 non-academic staff who

were due for promotion have stagnated since 2003 due lack of an

additional amount of Shs.137,541,846 for their annual remuneration.

Besides Seven (7) critical staffing gaps in the areas of Pharmacy, Radiology,

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Pathology, Psychiatry, Surgery, dentistry and ENT have remained vacant

due to lack of funds (Shs.196,742,736) for their annual remuneration.

Management explained that a human resources management manual is in

advanced stage of completion and that in spite of requests to ministry of

Finance for funding to enable staff recruitment and promotion, none has

been granted.

In view of the size, complexity and critical mission of the university, a

substantive human resources manual should be developed expeditiously to

guide staff management. The University should continue lobbying

government for additional funds to facilitate recruitment and promotion of

eligible staff.

44.3 Absence of Accounting Manual

In the absence of an Accounting manual, the university lacks clear

procedures for treatment of various revenue and expenditure items. The

basis of sharing revenues and costs between central administration and

income generating units is not documented.

In a written response, management stated that consultations are on-going

with Accountant General to resolve the matter.

It is recommended that an accounting manual should be developed to

prescribe treatment of the various revenue and expenditure items.

44.4 Community Based medical education funding gap

According to the university Mission statement, the university emphasises

science and technology education and its application to community

development. Trainee doctors are attached to community health centres as

part of community orientation training. However out of the budgeted funds

of Shs.40,400,500 for community based education only Shs.22,594,000 was

availed leaving a funding gap of Shs.17,806,500 which represents 44%

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shortfall. Shortfalls in funding impact on the achievement of the training

objectives.

Management explained that efforts to solicit funds from Millennium science

initiative (MSI) to bridge the funding gap had failed.

The University should liaise with ministry of Finance and other development

partners to seek funding for this mission critical activity.

44.5 Unaccounted for Advances.

A sum of Shs.6,136,860 advanced to various officers during the year under

review, remained un accounted for at the time of issue of this report

contrary to treasury accounting instructions part1 section 217 which require

accountability within sixty days. Delays in accounting for advances imply

that funds may not have been put to proper use. It may lead to facilitation

of accountability.

Accountability for the funds should be provided or else recovery measures

be instituted in accordance with the regulations.

44.6 Unaccounted for Research Funds

Research funds amounting to Shs.28,794,980 remained unaccounted for at

the time of this report. It was also noted that the university lacks a

substantive policy which would guide the management of research

activities.

Management explained that a draft research policy has been developed and

is due for approval by relevant organs. It was also stated that some

research projects are pending accountability because they are incomplete.

Management should put in place guidance on the management of research

activities.

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44.7 Lack of Accountability for Overseas Travel

US $ 2,778 that was paid to a tour firm and one officer to facilitate

overseas travel remained unaccounted for at year end. Without original

requisitions and approval for travel, acknowledgement from the tour firm

and the individual officer together with report of proceedings, I was not

able to establish whether the expenditure was rightly spent.

Management was advised to trace the supporting documents.

44.8 Timeline Over-Runs in the Construction of Science Block

The university Science block which has been under construction since the

year 2004 has overshot its completion date of 3rd March 2007 by more than

seven months. Therefore the estimated 500 science students could not be

admitted in the year 2007/2008 due to lack of class and office space.

Management explained that limitation in funding constrained completion of

the building.

I have advised management to continue seeking funding from Ministry of

Finance and development partners to complete the science block.

44.9 Lack of Approval of the University Budget

There was no evidence that the university budget for financial year 2006/07

had been approved by the Minister of Education and Parliament as required

by Sec.62 (1), (3) of the Universities and other tertiary institutions Act

despite submissions by the accounting officer. Funds were therefore utilised

without necessary approvals.

Prompt scrutiny and approval of budgets of universities should be done to

comply with the law.

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45.0 KYAMBOGO UNIVERSITY

45.1 Unauthorised Expenditure

The University incurred an unauthorised expenditure of Shs.1,322,589,358

on employee costs and Shs.2,253,260,224 on goods and services without

relevant authority. Excess expenditure is an indication of breakdown of

controls over budgetary expenditure. The Accounting Officer explained that

the unauthorised expenditure was due to shortfalls in funding on both the

wage bill and the non wage bill by Government. Therefore, the University

was forced to use its internally generated funds. It was however, noted

that excess expenditure on employee costs might have been brought about

by the University paying salaries to its lecturers according to qualification

rather than University salary scale structure.

I advised the Accounting Officer to pursue the matter with the relevant

authorities to regularize the expenditure.

45.2 Funds Unaccounted for

It was noted that laxity by the University management in enforcing prompt

accountability led to a total of Shs.429,563,516 advanced to various

members of staff remaining unaccounted for. The Accounting Officer

explained that he had written reminders to the affected staff to submit

accountability failure of which he would proceed to recover the funds from

their salaries.

45.3 Inconsistency in Salary Structure

Examination of the payroll and staff salary structure revealed that the

University uses educational qualifications to determine and pay staff

salaries contrary to both Public Service Standing Orders and the University

Employment Policy which require salary payments to be made according to

salary scales. This practice led to disparities in salary payments to staff

within the same scales and grades. It led to payment of staff of lower

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grade with higher qualification higher salary than those holding higher

grades. There were also cases of lower grade staff earning equal salary

with those of higher grade. These inconsistencies in salary payments

partially explain the excess expenditures on employee costs.

I advised the Accounting Officer to streamline the salary structure and pay

salaries in accordance with the Public Service Standing Orders and

University Employment Policy.

The Accounting Officer explained that the inconsistencies were caused by

payment of enhancement money to academic staff as an allowance based

on qualification. The decision to pay according to qualification was a result

of pressure the academic staff exerted to management. He further

explained that the discrepancy was a result of a court judgment which

directed the University not to alter entitlements of staff from the former

institutions to their disadvantage. However, he promised to streamline the

salary payment when the University starts paying consolidated salaries

according to scales.

45.4 Violation of PPDA Act

In contravention of the provisions of Public Procurement and Disposal of

Public Assets Act and regulations, Shs.384,617,017 was advanced to an

individual to purchase assorted items for various departments. However,

scrutiny of records revealed that out of the total amount advanced, only

Shs.187,154,092 was accounted for leaving a balance of Shs.197,462,922

unaccounted for.

The Accounting Officer explained that due to the uniqueness of

instructional materials for different departments, the University’s invitations

for prequalification for teaching and specialized items were not responded

to by the service providers.

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45.5 Double Payments

Examination revealed that payments of Shs.2,300,000 and Shs.120,000 in

respect of purchase of teaching materials and plastic carpet respectively

were made twice for the same requisition vide cheque Nos.009778 and

009742 for teaching materials and cheque Nos.005367 and 005363 for the

plastic carpet. Double payments indicate existence of control weaknesses

in the payment system.

The Accounting Officer explained that the double payments were made

good by way of having additional supplies made to the University and that

the second payment related to the carpet had been paid back to the

University.

I have requested the Accounting Officer to provide evidence to that effect.

45.6 Non-Availability of Revenue Receipt Books

During audit, the University management did not make available receipt

books and cash books in respect of students’ tuition fees and the University

farm for verification. Accordingly, I was unable to ascertain the accuracy of

internally generated funds as reported in the University’s financial

statements.

The Accounting Officer promised to have the receipt books and cash books

were available for verification. However, by the time of writing this report,

the books had not been produced for audit.

45.7 Stores Management

Examination of the stores records revealed services weaknesses in the

management of stores. For instance, a review of stores ledgers, menu

books and issue vouchers revealed various cases of foodstuffs delivered but

not accounted for and not recorded at all in the stores ledgers, doubtful

supply of sugar, and doubtful issue of items from the stores. Scrutiny of 12

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issue books revealed that various items were issued out without being

requisitioned for by user departments and authorized by responsible officer.

The specific cases of stores irregularities are highlighted below:-

West End Stores

• Stores ledgers, the revenue book and the stores issue vouchers in

respect of West-End Stores revealed that foodstuffs worth

Shs.139,118,684, were not accounted for as a result of shortages in

delivery to the kitchen.

• Foodstuffs worth Shs.14,307,500 received from suppliers as per the

goods received note and verified by Internal Audit to have been

received in good condition were not entered in the stores ledgers. Their

utilization could not be verified.

Central Stores

• Quantities of sugar worth Shs.3,160,000 issued from Central Stores to

the Store-man of North End Stores were neither entered in the ledger

card nor issued to the kitchen.

• Purchase of 1500 kilograms of sugar worth Shs.3,530,000 received on

goods received note number 10527 dated 12/1/2007 and delivery note

number 0381, invoice number 0162 from a local firm appears doubtful

as the LPO number 6990 quoted as the order had been cancelled and

cash instead advanced to a Procurement Officer to buy sugar because

the same supplier refused to supply due to rising prices.

• 1500 kilograms of sugar worth Shs.3,000,000 received on goods

received note number 7773 dated 18th July 2007 and delivery note

number 197, invoice No.0122 from local firm appears doubtful as the

LPO number 6350 quoted as the order was issued to another firm for

supply of various sizes of envelops worth Shs.8,947,940.

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• 1500 kilograms of sugar worth Shs.3,150,000 received on goods

received note number 13145 dated 22/06/2007 and delivery note

number 099, invoice number 047 from a local firm appears doubtful as

the LPO used for ordering the sugar is not disclosed.

• 2,675 kilograms of sugar worth Shs.5,350,000 issued out to various

people on 12 stores issue books have no authorized requisition forms.

The absence of these records renders the authenticity of such issues

doubtful.

North End Stores

• Foodstuffs worth Shs.10,535,300 received from suppliers as per the

goods received note and verified by internal audit to have been received

in good order are not entered in the stores ledgers. Their utilization

could not be verified.

• Foodstuffs worth Shs.61,165,382 remained unaccounted for due to lack

of the menu book indicating how the foodstuff was issued to the kitchen

and signed for by the head cook on a daily basis.

East End Stores

• Foodstuffs worth Shs.2,493,000 received from suppliers as per the

goods received notes and verified by internal audit to have been

received in good order were not entered in the stores stock sheet.

Their utilization could not be verified.

• East End storekeeper failed to keep stores ledgers for various food items

for the period 1st July 2006 to March 2007 rendering audit of stores very

difficult.

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Records also indicate that there was a store breaking and theft case

No.CRB 1336/06 where two suspects were to appear in court for court

prosecution.

The Accounting Officer promised to carry out comprehensive investigation

into the stores mismanagement and inform me of his findings. I have also

requested him for an update on the case before court.

45.8 Staffing

A review of the staff establishment revealed disparities in staffing of various

positions. Whereas positions of Professors, Associate Professors, Senior

Lecturers and Lecturers are under-staffed by 151 people, there is over-

staffing in the positions of Assistant Lecturers, Teaching Lecturers and

Lecturers by 160.

Without proper and adequate staffing it is difficult for the University to

effectively discharge its functions.

Management should address this issue urgently as it may have a direct

effect on the quality of graduates produced by the University.

The Accounting Officer explained that the under-staffing/over-staffing is

mainly due to unavailability of qualified persons in some specific disciplines,

inability by the University to attract highly qualified persons because of

poor pay and inability for the Appointment Board to recruit new staff and/or

promote staff because of the current court injunction arising out of

miscellaneous cause No.23 of 2007. The problem was also compounded by

the unplanned merger of the three institutions that formed the University.

45.9 Payables

At year end the University had arrears of Shs.2,666,271,188, out of which

Shs.480,986,455 is owed to National Social Security Fund and

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Shs.845,848,859 to Uganda Revenue Authority in respect of P.A.Y.E. There

is need to source for funding to clear this liability as further delays may lead

to penalties.

Management explained that a payment schedule for P.A.Y.E had been

agreed with URA

46.0 GULU UNIVERSITY 46.1 Final Accounts

The principal books of accounts like cash books, revenue, expenditure and

payable ledgers were not properly kept by the University to enable me to

ascertain the accuracy of the balances shown in the financial statements

reliably.

46.1.1Cash and Cash Equivalents

The Statement of Financial Position (Balance sheet) reflects cash balances

of Shs.64,624,276. However, this is not supported with a bank

reconciliation statement. The balance does not reconcile with the cash flow

statement and the statement of reconciliation of movement in cash on Page

11 of the financial statements. I am therefore unable to confirm that the

cash balances were correctly stated in the financial statements.

46.1.2Statement of Changes in Equity

It was noted that the net worth credit balance of Shs.321,099,274 for the

previous year was brought forward in the statement as a debit balance

causing an overstatement in the net worth balance carried forward of

Shs.642,198,548, hence overstating the closing net worth.

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46.1.3Bank Loans

Disclosed in the Statement of Appropriation account (Page 13) is a loan

balance of Shs.132,290,000. However, Note 25 attached to the accounts

on Page 46 indicates that loans from commercial banks amounted to

Shs.119,640,000. The variance of Shs.12,650,000 was not explained.

Whereas the Accounting Officer informed me that the loan was approved

by the University Council as a bank overdraft, I did not obtain the Council’s

Minutes to confirm that approval.

46.1.4Payables

The Statement of Financial Position discloses payables balance of

Shs.888,278,281. However, Note 26 to the accounts indicates payables

balance of Shs.2,598,675,549, represented by Employees Costs

(Shs.1,591,107,268) and committed creditors (Shs.1,007,568,281). The

difference of Shs.1,710,397,268 was not explained.

Employee costs include outstanding statutory obligations relating to NSSF

(Shs.832,747,304), URA/PAYE (Shs.254,177,072) and Salary Enhancement

(Shs.504,182,892).

Unless measures are taken to moderate the pace of expansion and manage

operations within the framework of available resources, the University is

potentially prone to undesirable litigations, penalties and erratic

staff/student strikes.

46.1.5Miscellaneous and Unidentified Revenues

Miscellaneous and unidentified revenues amounting to Shs.374,595,200

reported in Note 8 to the accounts was not captured in the Statement of

Financial Performance and Cash Flow Statement leading to misstatement of

the revenue and cash balances in the two statements.

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46.2 Poor Internal Controls

During the period under review, serious weaknesses were noted in the

internal control system which could have severely compromised the safety

of the University resources as explained below;

46.2.1Improper Keeping of Vote Control Register (VCR)

Proper keeping of the Vote Control Register is a prerequisite for maintaining

sound budget discipline and effective implementation of the Commitment

Control System (CCS). However, the Vote Book was not properly kept by

the University management. For instance, the Accounting Officer was not

initialing on entries posted and key attributes such as amount committed,

total cumulative commitments and total cumulative payments were never

posted. The absence of a vote control register renders control over

budgetary expenditure difficult.

46.2.2Implementation of Internal Audit Recommendations

It is now good practice to enhance the Internal Audit function by having

Audit Committees. In the management of public funds, the requirement of

Audit Committees, their duties and responsibilities are detailed in the Public

Finance and Accountability Act (and Regulations) 2003. The absence of

this committee in the University has rendered the functioning of the internal

audit ineffective. For instance it was noted that all recommendations made

by Internal Auditor were never acted on by management. It was also

noted that the Internal Audit Section is poorly staffed with one person.

With the expansion of the University more staff are needed to beef up the

Unit.

The Accounting Officer appreciated the role of internal audit and he

promised to address weaknesses raised by internal audit in order to

improve on the control systems within the Institution.

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46.2.3Poor Book Keeping

Monthly ledgers are not posted accurately and timely. There was slackness

in the posting and casting off of the cashbooks and preparation of bank

reconciliation statements. Although a number of public works, involving

significant sums of capital outlay, had been contracted out and executed,

the University did not keep proper contracts registers showing contracted

sums, details of works certified and payments to date. Fees registers,

utility ledgers, creditors ledgers were all similarly, either not kept at all or

poorly kept.

46.2.4Cash Transactions

A review of the University’s cash Books revealed that, save for salary

payments, payments were predominantly made by cash. In the month of

July alone, in one cash book (Account 0140087660803), out of

Shs.183,910,394 paid by the University, (Shs.89,833,230) (48%) was cash

payment. The practice is not only contrary to existing financial regulations

but also exposes the system to the risk of misappropriation of government

funds. In any case cash transactions render it difficult to withhold taxes.

I have advised the Accounting Officer to discourage the practice.

46.2.5School Fees Registers

In 2005/2006 audit, I did indicate to management that absence of properly

kept fees registers limit my ability to perform a comprehensive audit and

thus recommended that these registers be kept. Although the Bursar

indicated that a task force to have these records written had been

instituted, not much had been done. Therefore, I was still not able to

confirm whether all fees due and collected are properly accounted for.

The Accounting Officer indicated that school fees registers for financial

years 2005/06 and 2006/07 had been updated. However, the

registers/ledgers were not produced at the time of verification.

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46.3 Diversion of Tax Funds

It was noted that Treasury released Shs.199,999,666 in respect of non

resource taxes on imported machinery and equipment. In accordance with

current guidelines the funds were meant to be remitted to Gross Tax

Receipts Account in Bank of Uganda. However, the funds were neither

remitted nor paid directly to Uganda Revenue Authority. During the audit it

was not possible to relate the tax funds to the expenditure. Consequently,

Shs.199,999,666 remained unaccounted for.

46.4 Understaffing

For its operations, Gulu University has an approved staff structure of 753

comprising 470 teaching and 383 non-teaching staff. Of these, only 170

teaching and 137 non-teaching are in post resulting into a vacancy of 446

posts, representing 60 percent of the approved posts.

Measures should be put in place to improve the staffing position to enable

the University achieve its strategic objectives.

46.5 Doubtful Expenditure

Documents submitted to audit as accountabilities in respect of payments

amounting to Shs.97,603,100 were found not satisfactory.

Verification of accountability documents revealed that some documents

used were photocopies while others appeared fictitious. In addition, some

funds meant for procurement of supplies which should have been officially

tendered out, were drawn in cash by University official and reason (s) to

justify the action were not obtained.

46.6 Land Title

Although effort has been made by management to acquire title to the 742

acres, for which a lease offer has now been obtained from the District Land

Board (DLB), progress has been encumbered by existence of many

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squatters (bona fide occupants) on the land and uncertainties on availability

of sufficient funding for their compensation before eviction.

47.0 MAKERERE UNIVERSITY BUSINESS SCHOOL

47.1 Remittance of PAYE

All emoluments in form of salary and allowances including extra duty and

responsibility allowances are subject to PAYE. However, it was observed

that PAYE deductions in respect of certain allowances and other earnings

were not being appropriately made and remitted to URA. Individual

cheques for extra duty and responsibility allowances were paid separately

from the payroll and hence not subjected to P.A.Y.E deduction.

An audit by Uganda Revenue Authority of the PAYE position of MUBS for

the period from July 2003 to March 2007 ascertained the liability to be

Shs.188,565,331 which has since been paid by the University. Included in

this figure is Shs.38,833,642 interest incurred due to delays in remittance

of PAYE.

This expenditure is considered nugatory as it should have been avoided if

the tax law had been complied with.

47.2 Policy on Management Information Systems and Accounting

Packages

To make better informed decisions, management has put in place various

management information systems that cater for various functions of the

organisation. The different information systems have been computerised

with a view of improving data processing and accuracy.

A review of the information systems and accounting packages used

revealed that MUBS implements the following packages:

• Sage package for managing students ledgers

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• Quick books also for managing students ledgers

• Quick pay for processing salaries

• Ledger works for financial reporting.

All these packages were purchased off-the-shelf with no customization to

the information requirements of MUBS. The following shortcomings were

noted:

• The packages do not directly interface with each other to the extent

that the salary payments from Quick pay have to be manually entered in

Ledger works in order to capture that expenditure for financial

reporting.

• Deductions from staff salaries and other emoluments are also entered

separately.

• Income from students’ fees has to be manually entered in Ledger works

in order to prepare the income statement.

• There are limited controls over the integrity of these packages since

they are run independently.

• Manual entry of data into the packages has a negative bearing on the

accuracy of the final information output.

This has led to duplication of processes and failure to achieve the desired

efficiencies from the use of the software. It has also led to weaknesses in

controls over expenditure and IT resources.

There is need for integration of these packages to achieve the desired

efficiencies.

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The Accounting Officer explained that through a World Bank funded Project

to help African Universities to computerize a software called

SOCKETWORKS had been procured to address the problem and was

expected to be operational by January 2008.

47.3 Absence of Human Resource Manual

The Business School does not have an approved human resource manual to

guide the management of the human resource function. This may lead to

use of inappropriate recruitment and remuneration methods which can

ultimately hamper effective service delivery.

The Accounting Officer explained that the management of the human

resource function is guided by the institution’s human resource policies. I

have however advised that a manual be put in place to facilitate the

implementation of the policies set up by the council.

48.0 MULAGO HOSPITAL

48.1 Domestic Arrears for Utilities Domestic arrears for utilities (water and electricity) for the financial years

2005/2006 and2006/2007 are reported at Shs.2,945,572,895. However,

review of the bills and statements from the utility companies reflected a

total of Shs.2,643,122,039 as outstanding as at 30/6/2007. Therefore the

payables reported in the accounts appear to be overstated by

Shs.302,450,856.

Meanwhile, a total of Shs.634,347,291 paid for utilities during the financial

year lacked supporting documents such as monthly bills and receipts.

The Accounting Officer is advised to regularly reconcile the utility records

with the service provider. Meanwhile supporting documents for the amount

paid should be traced for further verification.

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48.2 Nugatory Expenditure A total of Shs.1,096,309,339 was paid to a construction company in

settlement of domestic arrears relating to unpaid certificates. Included in

the payment was an amount of Shs.88,547,361 that was paid in respect of

interest charges and litigation costs which is considered to be nugatory in

nature as it could have been avoided had the Hospital settled the

outstanding certificates in time.

The Accounting Officer explained that Ministry of Finance did not release

funds to pay the firm despite his requests to the Ministry.

48.3 Uncollected Non-Tax Revenue Arrears of Revenue from the private patients’ scheme at the close of the

financial stood at Shs.1,339,283,965. Of the outstanding amount of

Shs.995,390,763 from the previous year, only Shs.102,173,650 was settled

during the year, indicating weaknesses in debt collection. The hospital does

not have a debt collection policy and it is not certain whether this debt is

collectable.

Much of these debts are owed by government ministries and departments

with Ministry of Defence alone owing the hospital a total of

Shs.1,078,568,890 of the total outstanding amount.

Continuing to offer private medical services which are not paid for

constrains service delivery and may encroach on facilities meant for general

patients.

The Accounting Officer explained that Ministry of Defence had verified their

bills and promised to pay and that meanwhile services to the Ministry had

been suspended.

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I advised the hospital management to set up a clear policy on debt

collection and ensure that all outstanding amounts are collected.

48.4 Lack of Authentic Valid Contracts for Service Providers The Public Procurement and Disposal of Assets (PPDA) Act require that all

government procurements and disposal of goods and services above the

threshold should be backed by authentic valid contracts. To the contrary,

payments amounting to Shs.61,405,320 were made to a security firm

without valid contracts to spell out the terms and conditions of the firm’s

engagement.

The Accounting Officer attributed this lapse to delay in processing the

contracts by the office of the Solicitor General.

48.5 Rented Accommodation A total of Shs.63,979,000 was paid to various landlords for accommodation

of various hospital expatriates during the period January-December 2006.

It was however observed that there is an incomplete Guest House building

under construction, which requires completion so as to alleviate the

accommodation needs. No budget has been forwarded in the recent past

towards its completion. In his reply, the Accounting Officer explained that

the hostel was not meant for staff accommodation but rather an income

generating project under the private patients’ scheme. He further

explained that for over 2000 staff, there are about only 600 housing units,

which are not adequate for the hospital accommodation needs.

The Accounting Officer is advised to explore the possibility of putting up

more housing units for staff and, also further follow up the matters

concerning ownership of the nearby land occupied by the Ministry of

Defence (CMI).

48.6 Flouting of Procurement Procedures Contrary to the Procurement Law and Regulations, Procurements totalling

to Shs.1,223,974,032 were made without valid authority or no authority at

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all from the Contracts Committee. Of the above amount, contracts worth

685,985,032, had their authority expired and not revalidated while those

without authority at all amounted to Shs.592,985,032. It was therefore not

possible to establish the method of procurement used for those lacking

authority.

The Accounting Officer attributed the anomalies to emergencies especially

for drugs and sundries that require timely action. He further stated that

there was revalidation by the Contracts Committee. However, details of

this revalidation have not been availed for audit.

48.7 Withholding Tax Deductions (a) Selective deduction of WHT from drug suppliers

Contrary to the Income Tax Act, Sec.120 (1-5) all suppliers dealing in

drugs and accessories are exempted from WHT payment. Contrary to this

provision, the hospital selectively deducted a total of shs.48,484,697 as

WHT from suppliers of medical drugs and accessories. A number of others

supplying similar items had their full payments made without subjecting

them to WHT deductions. The criterion used to deduct WHT from

particular suppliers and exempt others is not clear. The hospital risks

litigations from firms that are affected by these unlawful deductions.

The Accounting Officer explained that this was an oversight and promised

to consistently apply the law.

(b) Lack of Acknowledgement Receipts

A total of Shs.456,668,007 purportedly remitted to Uganda Revenue

Authority as deductions from various payments to suppliers was not

supported by receipts as proof that these funds were actually received, by

Uganda Revenue Authority.

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(c) Non Deduction of WHT

A total of Shs.36,403,408 was not deducted from various supplies of goods

and services to the hospital as required by the tax law.

48.8 Expired Drugs A number of expired drugs stacked in boxes, without values attached, are

held up in various stores/containers in the hospital. Accessibility to these

places where the expired drugs are kept is limited because of the way they

have been piled up. Some of the stores cannot even be accessed or

opened. Scrap wheel chairs, old basins, beds furniture and equipment are

dumped haphazardly in the same stores.

Some of the expired drugs were impounded and kept by URA for a long

time and later “donated” to the hospital at the time they were expiring. A

lot of space which would otherwise be available for other purposes is

currently holding expired drugs. The hospital will also eventually incur

costs for destroying such drugs. Continued keeping of expired drugs in the

hospital facilities may be a great risk to both the hospital staff and patients

if no urgent plans are made to dispose them off.

The Accounting explained that most of the expired drugs are drug

donations with short shelf life that

48.9 Environmental Audit on Management and Disposal of Waste

An environmental audit on waste management and disposal in Mulago

Hospital Complex was carried out between January and March 2008. A

separate report was issued to management. Here below is the summary of

the significant audit findings made:-

48.9.1. Medical waste policies and strategies

It was noted that Mulago Hospital does not have a hospital waste

management policy and strategy. The policy would address issues like:

identify all the stages of the waste stream; measures to be undertaken to

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ensure waste prevention; the different types of waste and how to handle

each type; segregation of waste; compliance with existing laws and

regulations as well as a clear definition of principles to be followed. In

addition, the policy would identify all the possible risks related with medical

waste management and give guidance on how to manage those risks.

It is important that the hospital sets up a policy and strategy to enable

uniform implementation of its waste management initiatives and ensure

compliance to the national laws and regulations.

48.9.2 Limited access to Legislation and guidelines

It was also noted that there is no direct access to a data base of the

legislation, regulations and procedures relating to waste management, thus

making it impossible for all potential role players in waste management to

acquaint themselves with the legislation and guidelines. For instance in the

X ray unit, the international guideline for handling nuclear materials was

being kept by the head of the unit who had been away for over a week by

the time of our audit visit. No user copies of the legislation and regulations

have been availed to the users.

Management is urged to ensure that access to the applicable legislation is

available to all staff of the hospital.

48.9.3 Lack of awareness of the legislation and guidelines in place

It has been noted that there is lack of awareness by the hospital staff of

the legislation relating to Medical waste. For example although there are

National Environment (waste management) regulations 1999, issued by

NEMA, staff at the wards were not aware of the regulation.

It was also noted that Mulago hospital guidelines on waste management

have been in draft form since 2006 and most staff are not aware of them.

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This implies that any adherence to the regulations and guidelines in place is

coincidental rather than planned. It is important that all staff are made

aware of all the stipulated regulations and guidelines to be followed while

handling all types of waste so as to ensure compliance.

48.9.4Internal medical waste control systems

It was noted that there are no documented internal medical waste control

systems in the hospital. All staff interviewed acknowledged the fact that

there was no written waste management system. Such a system would

guide staff on issues like waste segregation, storage, transporting, and

disposal and also allocate responsibilities to specific staff members

regarding their respective roles concerning the management of medical

waste.

Management is advised to urgently set up and document its internal waste

control system.

48.10 Monitoring

(a) External Monitoring

The National Environment Management Authority (NEMA) is a body that

was established by an Act of parliament as the principal agency in charge

of coordination, monitoring and supervision of all environmental

management issues in the country. NEMA does this in coordination with the

district Environmental officer’s resident in every district in the country.

However, it was noted that there was no evidence that the hospital had

received any monitoring visits either directly by NEMA staff or by the

District Environment Officers.

This implies that the hospital did not receive the necessary technical

guidance that would be derived from the monitoring visits to enable

management take corrective or preventive action where possible.

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(b) Internal Monitoring

It was further noted that internal monitoring is largely inadequate.

• Although there is a committee on infection control, there is no evidence

that it is operational.

• There is no evidence that the private firm that collects and disposes the

waste is supervised as no reports were availed.

• Waste at the storage area is handled in a very dangerous manner; and

this further proves that no one supervises the processes at the store/

incinerator before it’s taken out of the hospital.

Management is advised to set up a monitoring mechanism to ensure proper

management and disposal of waste.

48.11 Staff Protection The following observations regarding use of protective gear were noted

during inspection of some of the hospital wards:-

• At the labour ward, staff are not supplied with masks and gaggles to

protect their faces from infectious fluids that patients discharge.

• Gloves are inadequately supplied and patients are asked to provide their

own for use by the hospital staff for any emergencies however, the

quality of the gloves out sourced from patients, cannot be relied on

leading to exposure of staff to infections.

• Staff at the highly infectious ward (ward 4A), are not given any extra

clothing protection, given the infections they are constantly exposed to.

• The emergency centre that handles staff who may get pricked

accidentally i.e. Post Exposure Prophylaxis (PEP) is closed over the

weekends. This reduces the effectiveness of the unit and leaves staff

vulnerable to infections that could have been avoided.

• Also noted was the fact that ward cleaners are inadequately protected

as many were found using surgical gloves instead of heavy duty gloves

while cleaning the wards and collecting waste which at the end of the

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day exposes them to a lot of infections. Efforts to talk to their

supervisors were futile.

It is important that the use of protective clothing is emphasised for all staff

especially those working in the highly infectious wards to avoid any possible

infections that may result from handling infectious waste.

48.12 Procurement

The following procurement issues were noted as having an effect on waste

management and disposal:-

• Disinfectants like jik and precepts are sometimes not adequate.

Placentas and other dangerous waste are therefore not disinfected as is

supposed to be the case, before their disposal.

• The waste bins procured are inappropriate. It was noted that 50 litre

waste bins (for storage at source) and 100 litre bins (for transportation)

were purchased instead of 70 - litre and 100 - litre respectively. This

may partly explain the overflow of some waste bins in the wards that

was found at the time of audit.

Management is advised to ensure that the above issues are addressed.

48.13 Old and Obsolete Equipment

It was noted that management does not have any disposal plans for old

and obsolete equipment. A lot of old unused and obsolete hospital

equipment is currently being stored at the hospital. These include old

computers and old x-ray machines which for instance may emit dangerous

radioactive materials thus becoming dangerous waste in the hospital.

Management is advised to dispose all the old and obsolete equipment

currently stored at the hospital.

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48.14 Drugs store

During inspection of the drugs bulky store, it was noted that there are no

compartments, bin/stock cards and labels to show the names and

quantities of drugs by type/categories held at any one time in the store.

Boxes of drugs were found heaped on the dirty floor making the store look

very untidy, and which can lead to generation of more waste as a result of

drugs getting spoilt.

Management is advised to ensure that compartments are set up in the

store and that an appropriate environment is established in order to

effectively manage all drugs.

48.15 Waste Separation

As a matter of best practice, it is normally recommended that hospital

waste is separated at the point of its generation; since disposal methods of

each waste are different (i.e. general waste can be disposed at a landfill,

whereas the infectious and hazardous waste has to be incinerated). The

generators of medical waste should separate the waste at the point of

generation to enable this to be applied. However, the following was noted.

(i) Separation of waste is not regularly done. This has lead to an accumulation

of high quantities of waste that has to be incinerated. Since incineration is

expensive (in terms of fuel costs for operating the incinerator), this implies

that the incinerator operating costs are high because of un-necessary

burning of other general waste. This could substantially be reduced if

proper separation is adhered to.

(ii) Waste that is separated at the wards is again put together (mixed) on

transportation and re sorted at the incinerator by the incinerator operator.

This complicates the incinerator operators’ job, as he has to try and

separate the waste at this point.

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Management is advised to ensure strict separation of waste through out the

whole waste stream (i.e. from generation, collection, transportation and

disposal of waste).

49.0 BUTABIKA HOSPITAL

49.1 Nugatory Expenditure A contractor was paid Shs.350,231,291 in March 2007, as outstanding

duties and taxes plus interest on delayed payments of earlier certificates.

Included in the amount is a sum of Shs.106,799,214 paid in respect of

interest accumulated as a result of delayed settlement of outstanding

certificates. The expenditure is considered nugatory as the interest

payment could have been avoided if the certificates were settled in time.

49.2 Hospital Land As previously reported, the Hospital’s original land of 656 acres was

parcelled out and the biggest chunk given to private developers by the

Uganda Land Commission in 2003/2004. However, I am unable to confirm

that the Hospital now properly owns the remaining part of the land because

of lack of a certified copy of the land title.

In my discussions with the Hospital management, it was explained that the

Hospital has not been able to secure a certified copy of the land title inspite

of several attempts to request for it. I advised the Accounting Officer to

continue liaising with Uganda Land Commission by involving higher

authorities to obtain a copy of the land title for the Hospital land.

49.3 Human Resource

(i) Unfilled Vacancies

A review of the Hospital staff list revealed that out of 430 approved

positions only 314 were filled leaving 116 posts vacant.

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The division of mental health that is core to service delivery has an

approved structure of 40, but, only 23 are filled (58%). Of the three

approved posts for senior consultants, only one post is filled. Other key

positions that are vacant include:-

• Principal Psychiatric Officer

• Principal Clinical Psychologist

• Senior Clinical Officers and

• Senior Clinical Psychologist

• Anaesthetic Officer

• Theatre Attendant.

The Accounting Officer explained that he had identified and submitted to

the Health Service Commission all vacant posts for filling and adverts made

in 2007, I am yet to be furnished with the outcomes. I advised the

Accounting Officer to keep pressing the relevant Commissions for optimal

staffing of the Hospital.

(ii) Inadequate Structure

The structure of Butabika hospital appears to be inadequate to address its

current needs. For instance according to the Assistant Commissioner

Nursing, although the ideal ratio of nurses to patients is 1:3 in practice the

ratio is sometimes as high as 1:70.

The Hospital has a fleet of 11 vehicles but there are only 7 approved

positions for drivers list of which only 3 are filled.

It was also observed that the hospital operates an Outpatient’s Clinic that

has been opened to the public. However, there is no provision for

additional staff to cater for the increased work load. The Accounting

Officer explained that Ministries of health and Public Service initiated a

restructuring process intended to rationalise staff structures in hospitals but

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the process has been rather slow. It is hoped that current needs of the

hospital will be addressed during the restructuring process.

(iii) Unconfirmed Staff

A review of a sample of 37 personal files indicated that 15 staff are not

confirmed despite having served for more than 2 years probation.

Furthermore, it was noted that although the staff list had indicated most

employees as confirmed, audit tests showed that 14 staff members

declared confirmed were actually not confirmed. The Accounting Officer

attributed this to understaffing in the Personnel Office that lacked a Senior

Personnel officer for a long time. He further stated that he expected this

status to change after an experienced Senior Personnel Officer was posted

to the Hospital.

(v) Incomplete Records in Personal Files

Open personal files contained very few documents, mainly the most current

such as recent appointment letters, leave forms and pay change reports

leaving out most of the historic records of the staff.

The Accounting Officer explained that these records used to be maintained

by the mother Ministry (MOH) which had retained the human resource

function. With establishment of the function at the Hospital, records could

not be released because of lack of a secure registry. I advised him to

expedite the process of establishing a secure registry in the Hospital and

have all the staff records still lying with the Ministry transferred to the

Hospital.

49.4 X-ray Machine During the year the Hospital procured an X-Ray machine, Comprehensive

X-Ray Unit, at a sum of Shs.119,556,139.

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An audit inspection of the X-ray Unit, revealed that the machine did not

meet the required standards, according to the technical vetting committee.

It was not approved for use in the Hospital and has therefore remained

idle. The Accounting Officer explained that most of the X-ray equipment

was cleared except the examination couch, surgeon tools, linen trolleys, the

2 X-ray units and the ultra sound set. He further stated that supplier was

contacted and requested to re-supply the parts that were rejected. This

had not been done by the time of writing my report.

50.0 ARUA HOSPITAL 50.1 Staff Establishment

The staff establishment set more than ten years ago has not been revised

to match the ever increasing demand for medical services by the

population.

The current establishment list shows that 331 posts are approved of which

306 are filled creating staffing gaps in key posts such as Doctors,

Radiography, Pharmacy and Finance & administration. Although the staff

list indicates overstaffing in other areas such as nursing (overstaffed by 59

staff), the staff available is too thin on the ground.

Understaffing in key areas that are fundamental for effective and efficient

delivery of the required services undermines the reasons for which the

hospital was made a Regional Referral Hospital.

For instance, busy as it is, the assessment centre is staffed with only three

clinical officers, one for the under fives and two for the adults and the three

have to assess hundreds of patients daily. With the standard requirement

that a patient be assessed for a minimum of 15 minutes, it is doubtful

whether this is achieved and patients given sufficient attention. At the time

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of Inspection in the afternoon more than 50 people were in the queue to

see one clinical officer.

Currently the pharmacy is inadequately staffed and is manned by one

person who is a dispenser. This greatly affects not only the operations of

the pharmacy. The Dispenser is only assisted by an office messenger who

was found, at the time of inspection, counting drugs with bear hands, a

practice that may contaminate the drugs and put the lives of patients at

risk.

The Accounting Officer explained that it has become difficult to retain staff

because of lack of accommodation and yet the budget does not provide for

housing allowances. He further stated that Pharmacists could not be

retained because there are private pharmacies for them to supervise in

Arua.

There is an urgent need for hospital management, together with the

concerned authorities to review the current staff establishment in view of

the increasing demands for health services by the population and then

sufficiently staff the hospital with the appropriate numbers and technical

skills.

Equally, there is need to budget for staff accommodation in form of either

allowances or direct renting in the short term and/or construct staff houses

in the medium term, to be able to attract and retain qualified staff.

50.2 Status of the Hospital Infrastructure

The hospital was established in 1937 and upgraded to serve as a regional

referral hospital in 1996, and currently serves the districts of Arua, Nebbi,

Moyo, Koboko, Yumbe, Adjumani and foreigners from DRC and Sudan. It

also serves as the district hospital for Arua district and other surrounding

districts which do not have district hospitals. Despite its catchment area

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with a large population, the hospital infrastructure which was planned more

than seventy years ago has not changed.

i) Out Patients Department.

This is the reception and assessment centre for all patients. Patients

with minor ailments are treated here and discharged while those

who require specialized treatment or admission are sent to the

respective department or ward. An audit inspection of the OPD

showed the following.

• The department, important as it is, operates in small and

dilapidated structure with many cracks on the ceiling and walls,

constructed in the 1930s for a small number of patients. The

status of the building is a threat to the staff and patients.

• All the storage facilities in the various offices are too old and

require immediate replacement.

• There is no adequate space for the casualty cases with only two

small rooms equipped with two beds which were all occupied at

the time of the inspection. Indeed this facility was proved to be

very insufficient on the 13th Nov, when about eight accident

victims were brought in and were given first aid outside on

cement slabs used as benches for patients.

• The minor theater for handling minor operations is inadequately

equipped with old and broken equipment, with crumbling walls

and ceiling.

The accounting Officer explained that he has taken efforts to provide

protective clothing to staff and that the hospital management

together with corporate bodies in Arua were in a fundraising drive to

equip the minor theatre in the OPD as part of Public-Private

partnership.

ii) Female, Male, Paedriatic and Surgical Wards

Following the condemnation of the medical ward more than five

years ago, a few wards were left available for accommodation of

patients. This has led to overcrowding in the few available wards

where some of the patients are floor cases while others have had to

occupy the corridors. For example, the surgical ward that has a bed

capacity of 22 beds was found with 41 beds excluding floor cases

and more patients were being admitted. This is made worse at night

when attendants have to compete for the available space.

This overcrowding may facilitate disease transmission. The situation

is made worse by lack of modern equipment for use by the medical

workers, for example, all autoclaves are non functional in the wards

and instead charcoal stoves are used for sterilisation of equipment.

Such methods may not achieve the degree of sterilisation required.

Sterilisation method used in the ward

Urgent reconstruction of the condemned ward will ease on the

congestion in these other wards.

iii) Maternity Ward

The maternity ward operates with only three delivery beds and one

improvised coach instead of the required eight beds. Use of

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examination coach as delivery bed puts the lives of the mothers and

their babies at risk. The neonatal unit has only two functional

incubators but lack of power for 24 hours constrains their use and

cases of pre-mature births are referred to a private hospital-Kuluva

Hospital.

iv) Private Ward

The private ward has only 6 single rooms and other services are

provided from other departments that are scattered in different

locations. There is need to provide a one stop centre for the private

patients and reduce congestion at the other centers.

The Accounting Officer explained that although management has set

aside land for a private wing, lack of funds has hampered its

development and even the little that is collected is required to be

remitted to the UCF under the Non Tax Revenue guidelines.

v) Regional Mechanical Workshop

This workshop is meant to repair medical equipment for all hospitals

and health centers in the region. Funding is by contribution from the

respective hospitals and health centers and districts. However the

following were noted:-

• Hospitals and health centers are not up to-date with their

contributions and this is affecting its operations.

• The work shop seems to be engaged in doing work for private

clients. This was noted by the Board in its meeting of 16th Aug

2007 and an audit inspection of the workshop also confirmed

this. Over 50 vehicle and motor cycle batteries were found being

recharged for private clients using the hospital power and

workshop facilities.

Motor cycle and car batteries being charged at the workshop

The Accounting Officer explained that funding through contributions

from hospitals and health centers has proved ineffective and makes

planning difficult. There is need to design an effective method to

fund the workshop activities.

vi) Location of Incinerator and medical waste disposal

An incinerator for the hospital to dispose off medical waste was

constructed near other hospital facilities such as the regional

mechanical workshop, the private wing and the training school. The

fumes and gases are blown back to the hospital and are a health

hazard to both the medical workers and the patients. Pic showing

the location just outside the fence is below:

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Location of incinerator near the hospital fence

The Accounting Officer explained that the location is in itself not a

problem but the design was wrong which led to burning of medical

waste other than actual incineration which is supposed to generate

temperatures above 800 degrees centigrade. He stated that a

technical review was being carried out by MSF France to have the

problem rectified and the hospital management was lobbying World

Health Organisation for assistance in waste management.

vii) Sewerage system and sanitary facilities

The sewerage system and sanitary facilities in the hospital are as old

as the hospital itself. With time, the pipes age and often break down

and with the increasing hospital population, they have also become

very inadequate.

The Accounting Officer explained that there is need to overhaul the

entire system and even construct a lagoon for proper waste

management and disposal.

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50.3 Other Non Current Assets

a) Obsolete/Old Equipment and Vehicles

The hospital does not have any policy on the obsolete/old equipment

and vehicles. Irreparable equipment and vehicles are damped/piled

in different locations of the hospital compound while others have

remained in various wards and offices.

Management explained that they are in the process of initiating the

disposal of this old/obsolete equipment.

The out outcome of this process is awaited.

b) Land

Although the hospital land has been surveyed a land title is yet to be

obtained. The survey established that the hospital land has been

encroached on by people who have constructed permanent houses.

There is need to urgently acquire the land title and fence all the land

that belongs to the hospital.

The Accounting Officer stated that submissions to the Uganda Land

commission have been made for the land title. He further explained

that encroachers who have settled on the land need a lot of money

to be compensated and the hospital does not have this money.

50.4 Stores

The hospital procures and receives drugs and sundries from various sources

including JMS, NMS, private suppliers and donors. However an audit

inspection of the stores facility revealed the following:

a) Inadequate Space

The space available in the store is not enough to keep all the drugs

and sundries. As a result a number of items in boxes are piled over

others in the available space. This may cause damage to some of

the items or spoil the drugs. A case of boxes of computers, recalled

gloves and infusion sets piled on top of each other was particularly

noted as shown in the photographs below.

b) Donation of Non Functional Equipment

Included in the boxes piled over each other were computers donated

by the Rotary club of Canada. The computers are old and failed to

function yet they are occupying space in the stores. It is not known

why the authorities allowed the donation to the hospital, which is

already having problems in disposing off its own old equipment.

Acceptance of such donations is using the hospital as a dumping

ground. Donations to government institutions should be properly

screened to avoid using them as dumping grounds for items that are

hazardous to environment.

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c) Poorly Ventilated Stores

The structure where the stores are housed lacks proper ventilation

with only small ventilators which do not allow enough aeration. This

may cause damage to the drugs and sundries which are kept there

for a long period, causing danger to the patients’ lives. Example of

the small ventilator is as in the picture below.

d) Record Keeping and Stores Management

Paragraph 507 of the TAIs requires entries for receipts and issues to

be made in the ledger promptly at all times to correctly reflect the

amount held in stock. Contrary to this requirement, it was noted that

the ledgers are not regularly updated and as at 13th Nov 07, all

receipts and issues for the previous three weeks had not been

posted. Although this was attributed to lack of manpower in the

stores, it was established that it was mainly due to lack of close

supervision and internal monitoring system.

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e) Pharmacy

From the stores, drugs are mainly issued to the pharmacy from

where wards and other end users requisition for their daily drug

needs. It is expected that proper records such as stock cards are

maintained at the pharmacy to keep track of the drugs received from

the stores and how they are distributed to other users. However, an

audit inspection of the pharmacy on 13th November 2007 revealed

that the stock cards were last updated on various dates ranging from

June to October 2006. No stock cards have been maintained for the

entire 2007. The officer in charge attributed this to lack of adequate

manpower in the pharmacy department and in the circumstances it

was not possible to confirm that all the drugs requisitioned from the

stores were actually received in the pharmacy and properly

dispensed to the patients/ distributed to other end user.

f) Expired drugs

Found in the stores are 31,200 expired ARVS-Lamivudine Niverapine

Trimune 30 mg expired tablets. These tablets were delivered to the

hospital from National Medical Stores in June 2006 when they had

actually expired two months earlier in April. Because of lack of

storage space these drugs together with three boxes of recalled

gloves are still kept in the drugs stores. The reason why National

Medical Stores had to damp expired drugs in the hospital and failing

to take them back for destruction is not known. Continued keeping

of such expired drugs together with good ones in the same store is

irregular.

50.5 Cleaning services

The hospital pre-qualified and contracted one firm, Lake Foods and Traders

to provide cleaning services for the wards at a monthly fee of

Shs.2,800,000, (Shs.33,600,000 p.a). However, the payments are effected

without proper certification. There seems to be no responsible officer for

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the supervision of the cleaning works. An audit inspection of the wards and

other facilities showed that the floors are not properly scrubbed and cob

webs were hanging in all the OPD facilities and wards except the maternity

ward.

51.0 GULU HOSPITAL

51.1 Staff Establishment

Although the status of staffing improved after the posting of 54 staff, many

of the key posts remained vacant by the time of writing this report. The

total number of vacant posts as at October 2007 was 105 representing

33% of the approved structure of 336. It was also reported that the

existing structure is not adequate to address the current needs of the

hospital. It was noted that the current staffing position at the hospital

affects the effective delivery of services to the public since this is a referral

hospital servicing the whole northern regions.

It was further noted that the stores department was greatly under staffed.

The officer in charge complained that he is overwhelmed with work.

According to Hospital establishment structure the department is supposed

to be manned by 5 staff but instead only 2 staff were posted.

The Accounting Officer explained that the Health Service Commission had

advertised for the vacant posts and that the process of filling them was

ongoing.

51.2 Waste Disposal

The Accounting Officer has indicated that the incinerator that was

constructed is of small capacity and hence cannot handle the rising volumes

of waste from the hospital. There is also no place where to dispose off

non-medical waste. The mortuary is a room which is not refrigerated yet it

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handles so many dead bodies. There is need for funding to enable the

hospital address the problem.

52.0 JINJA HOSPITAL

52.1 Excess Expenditure

The hospital incurred expenditure of Shs.348,976,262 in excess of the

approved budget appropriations without relevant authority. This affected

employee costs (Shs.98,436,683) and goods and services

(Shs.250,484,579). I have advised the Accounting Officer to regularize the

expenditure in accordance with the law.

52.2 Unsupported Purchases

A total of Shs.265,480,889 was paid for various procurements out of which

procurements worth Shs.94,981,042 were not supported by documents like

local purchase orders and Goods Received notes.

In the absence of supporting documents, I was not able to confirm that the

procurements were properly authorized received and utilized for the

intended purpose.

Although the Accounting officer later explained that the documents were in

stores, they were still not presented for verification.

52.3 Lack of Capital Development

The Hospital continued to operate without capital development budget for

major repairs and procurement of new equipment and vehicles. Although

the hospital is a separate vote, the capital development budget continued

to be operated by the mother Ministry (MOH).

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• Buildings

The Hospital lacks funds for capital development to procure new

equipment and maintain its infrastructure. As a result, doctors offices

are located in a dilapidated building. This building has never been

repaired since it last housed the first medical doctor of the Hospital in

the 1960’s. The continuous use of such buildings that are in a sorry

state is a risk to the lives of the users. Photographs are attached

showing the status of some of the hospital structures.

• Equipment and Ambulance

The equipment is inadequate and the existing ones obsolete as most of

them were acquired in the 1930’s. There is generally lack of modern

equipment and an ambulance for the Referral hospital.

• Staff/Patient Accommodation

Some wards were filled to capacity. Patients admitted were found in the

corridors especially in the maternity wards leaving no passage for

movement of the medical staff. Some wards are in a sorry state

especially the psychiatric ward. The ceilings for the room in family

planning are leaking and the walls had cracks. There were also no walk

ways from some of the theatres to the wards.

Similarly, there is acute lack of staff accommodation especially for the

specialized staff whose services are required 24 hours. This type of

staff cadre especially doctors need to reside within the hospital but this

is not possible and even those few houses that do exist are dilapidated.

It is very difficult to attract suitable specialized staff in such un-

conducive environment.

• Hospital Land

The Hospital does not have a title for its land. I am therefore not able to

confirm that the piece of land where the hospital is located belongs to

the hospital.

Old Building housing Doctors’ offices –Front view

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Old Building housing Doctors’ offices –Rear view

Old building housing the Hospital’s main Theater

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Old building with Asbestos sheets, housing the Hospital’s Main Laboratory

The Psychiatric Ward

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Part of the Ceiling in the Psychiatric Ward

Another Part of the Ceiling in the Psychiatric Ward

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Main Administration Block not renovated for a long time

Asbestos sheets, though no longer in use is a common feature of the hospital’s roofs

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350

53.0 LIRA HOSPITAL 53.1 Understaffing

Lira Referral Hospital is severely understaffed which is likely to impact

negatively on the Hospital’s ability to deliver the required health services.

For example, out of 297 approved posts, 103 posts are vacant.

Posts of salary scale U4 and above are the most affected. Insufficient

recruitment coupled with poor working conditions faced by staff cause

resignations and absconding and poor services.

There is need for government to recruit more staff for the Referral Hospital

and provide adequate funding to cater for improved environment and

working conditions in the Hospital.

53.2 Lack of Ambulance, Vehicles,

Presence of Obsolete Equipment

Lira Referral Hospital has no ambulance to transport patients yet it operates

in over five districts. It was reported that the new Ambulance meant for

the hospital was taken by District Health Office and has refused to hand it

over back. It also lacks motor vehicles for efficient operation. Hospital

equipment is very old and obsolete making work very difficult.

The buildings are also very old and in dire need of extensive renovation.

The working environment especially for the technical staff is generally not

conducive.

Under funding of the Referral Hospital by government for both recurrent

and capital expenditure may be the cause for the needy situation the

hospital is in.

Government should provide adequate funding to cover operating costs, as

well as renovation of the infrastructure and acquisition of adequate

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transport facilities for both technical staff and patients. Management should

continue pursuing for adequate funding for the Hospital.

53.3 Waste Disposal

The hospital does not have a functioning incinerator. The one available got

burnt by fire and broke down three years ago. Disposal is by way of pit

which is considered to be an inappropriate method of waste disposal.

There is need for funds to enable the hospital put up an incinerator and

hence improve on the waste disposal system.

54.0 MASAKA HOSPITAL 54.1 Lack of Capital Budget

The Hospital operates without any capital development budget. This has led

to lack of major repairs and maintenance of the hospital infrastructure and

expansion programs. The following observations are largely attributed to

this, and the photos on pages illustrate the state of the hospital

infrastructure.

54.1.1 Hospital Infrastructure- Buildings

The Hospital has not had any expansion program since it was turned into a

regional referral Hospital. The available infrastructure does not match the

increase in responsibility/number of patients and has led to accommodation

crisis. This was evidenced from the over crowded maternity wards which

were supposed to accommodate 70 patients but had 77 at the time of

inspection thus forcing some of the patients to sleep on the floor.

54.1.2 Lack of Mortuary Facilities

The Hospital does not have a mortuary facility of its own and as such dead

bodies are moved to a nearby isolated old building belonging to the

Municipal Council Authorities. This structure is too old and lacks basic

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mortuary facilities, appears abandoned and has not been renovated in the

recent past.

54.1.3 Shortage and Use of Faulty Equipment

The Hospital has a number of auto claves that are faulty and un-repairable.

This forces staff in most wards and departments which are incapacitated to

use the one in the main theatre or the boiler. For example, the oxygen

concentrator of the Emergency and Accident room was faulty and the

maternity wards consisting of wards 9, 10, 11 and a minor theatre had a

non functional auto clave on the day of inspection but had admitted 77

patients. Its sterilizer was also faulty. The Dental clinic had none and relied

on the boiler. The continuous shortage and use of faulty equipment leads

to poor service delivery and puts the lives of both the medical staff and

patients at a great risk.

54.1.4Inadequate Theatre Facilities

The Hospital has one main theatre which is normally overwhelmed with

numbers as the minor theatre was out of service due to its current sorry

state, and had been turned into a records room.

The main theatre is also neither well equipped nor well maintained and

lacks basic equipment like auto claves. There is lack of proper air

conditioning facilities and suitable walk-ways to the theatre.

With its two operating rooms of one bed each, one room had no operating

lights which forced the Doctors to use an improvised lighting (a single spot

light). In addition, the very old operating beds are used by 6 to 8 patients

per day. The minor theatre in the Emergency and Accident room is also

not operational due to lack of equipment. A referral hospital with

inadequate theatre facilities that are neither well-equipped nor well

maintained cannot offer the necessary services.

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54.1.5 The Hospital Incinerator

An incinerator was constructed for the hospital during the year under

review - courtesy of the Ministry of Health. However, it collapsed before it

was handed over to the Hospital authorities and has not been

reconstructed.

The collapse was attributed to poor workmanship and materials and lack of

technical supervision. As a result, the hospital continues operating without

an incinerator and medical wastes are disposed off through placenta pits

which is considered a crude method. The other sundry waste is disposed

off through open pit burning, and this is also not environmentally safe.

54.1.6 Land Encroachment

The Hospital fenced off part of its land leaving a reasonable portion

unfenced. However, the encroachers have continued to have unlimited

access and use of the remaining unfenced chunk of land by either

constructing permanent houses or tilling on it. Although the boundaries

were opened these squatters have demanded compensation for illegal

structures and crops. The lack of a fence exposes the hospital to the risks

of theft. It was also noted that the much of the hospital infrastructure and

access roads are in a sorry state. The hospital management explained that

they do not have funds to cater for this and appeared to have no other

course of action.

Although the hospital is self-accounting under its own vote, the capital

development funds are still managed under the Ministry of Health. The

Ministry, however, seems not to be considering the hospital’s infrastructure

as a priority as no funds are released for the purpose.

54.2 Staff Establishment

Review of the Hospital’s establishment list shows that the hospital is staffed

to the level of 78% with 252 staff out of the recommended staff of 322.

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There are staffing gaps of 112 representing 22%. The following is the

summary table indicating the staffing position at the time of audit.

Post Recommended Establishment

In post Vacant

Doctors/Consultants 38 26 15 Clinical Officers 12 9 3 Anaesthetic Officers 5 4 1 Orthopaedics 8 7 1 Occupational & Physiotherapy

4 3 1

Radiography Staff 4 2 2 Laboratory Staff 11 9 2 Ophthalmic Staff 5 3 2 Dental Staff 6 9 1 Pharmacy 7 3 4 Psychiatric Clinical 7 5 2 Other Professional 3 2 1 Nursing 113 122 18 Theatre Assistants 5 2 3 Finance & Admin 25 12 17 Maintenance 3 2 1 Support Staff 66 32 36

There is inadequate staffing in key areas like Doctors/Consultants, Nursing

and Finance and Admin, which are crucial for running a referral hospital. In

Finance and Administration, the key operational areas greatly affected are

internal audit, store-keeping and procurement.

In my discussions with the Accounting Officer, he explained that submission

had been made to the Ministry of Public Service and Health Service

Commission for the positions to be filled. He further explained that even if

the posts were filled, the approved structure is no longer adequate to

address the current needs of the hospital.

54.3 Revenue Collection

During the year under review, Shs.27,257,750 was banked as non tax

revenue collected during the year. However, records presented for audit

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showed that only Shs.22,620,450 was collected resulting into an un-

reconciled difference of Shs.4,637,300.

In addition, banking of the collections was not regular contrary to revenue

collection procedures that require all revenue collected be banked at the

earliest possible moment. The irregular bankings may have been due to

utilisation at source of some of the collections on emergencies without

authority.

55.0 FORT PORTAL HOSPITAL

55.1 Undeclared Collections from the Eye Clinic The Hospital operates an eye clinic that was set up with the help of donors.

The operations of this clinic are governed by a Memorandum of

Understanding which required the clinic to be operated as a separate unit.

Revenue is generated from the sale of Intro-ocular lenses and eye

examination fee for purposes of issuance of driving permits, school

examinations, and sale of spectacles whose prices differ depending on

quality.

However, there are no proper controls in place to safeguard collections.

The following matters were noted in relation to this source of revenue:-

• The collections are not captured in the Hospitals non tax revenue

records.

• The collections were made using local cash sale receipts which were

neither headed nor serialized.

• The collections were reportedly being kept in a safe or banked on an

account in Post Bank not known to Hospital management.

• No proper books of accounts are kept for the funds generated.

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In view of the above irregularities, I have not been able to perform an audit

on this source of Revenue.

I have advised the Accounting Officer to liaise with the Accountant General

for guidance on the management of revenue from the eye clinic in

particular. Use of general receipts should be emphasised and collection

should be in accordance with Non –Tax-Revenue Guidelines.

55.2 Payroll 55.2.1 Changes without use of pay change reports

Scrutiny of various payroll bank advice report schedules revealed that

several changes were being made without use of pay change reports.

Names were manually added or removed from the payment schedules to

the banks whenever staff changed banked accounts.

It was also noted deductions in respect of loan recoveries were being made

in disregard of Circular Standing Instruction No. I of 2003 guideline 5 which

requires financial institutions giving loans to apply to Ministry of Public

Service for payroll deduction codes. It was observed that deductions were

locally made and cheques made to the loaning institutions instead of using

deduction schedules prepared by Uganda Computer Services.

Effecting any changes on the payroll without use of pay change reports is

irregular and undermines best practice.

55.3 Unauthorized Virements/Re-Allocations

Contrary to regulation No.39(3) of the Public Finance and Accountability

Regulations, 2003 which subjects all Virements within a vote to prior

authority from the secretary to treasury, a number of Virements/re-

allocations were made across various items within the vote without

authority from Treasury. Even the critical drugs item was not spared when

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actually the item should be protected from such diversions. The

Accounting Officer explained that management was forced to vire due to

pressure from the workers’ union who had threatened to lay down their

tools over the hospital’s non payment of kilometrage allowance. I have

advised him to regularise the expenditure.

55.4 Expired and Expiring Drugs Expired and expiring drugs have remained a common occurrence in the

hospital stores. Expired drugs not only pose a danger to the stores

personnel but are also costly to keep, and occupy space that would be

utilized for other purposes.

The Accounting Officer attributed the problem to the Ministry of Health

through National Medical Stores “push” system whereby drugs and sundries

are simply pushed to the user Hospitals through donations without due

regard to their consumption pertains and habits. It is these donations that

lead to expiry. The Ministry of Health should set up a policy regarding

donation of drugs and other sundries to avoid Referral Hospitals being

turned into dumping grounds for such expired items.

55.4.1Stores manpower

The whole regional referral hospital store is being manned by one staff, a

Senior Supplies Officer, who has to shuttle between the two hospital stores

for Drugs and Sundries which are in separate distant premises.

Insufficient stores man power increases risk of loss and breeds inefficiency.

The Accounting Officer explained that although the vacancies were declared

to the Ministry and interviews for stores cadre held in October, 2007 by the

Public Service Commission, they were still waiting for postings to the

Hospital.

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55.5 Non- Functional X-Ray A visit to the Radiology department established that the regional referral

hospital did not have a functional X-ray. It was reported that the hospital

had an old machine which had become obsolete and had since been written

off. The Ministry of Health reportedly brought in another old machine to fill

the gap as the hospital waits for a new machine but at the time of visit, the

new machine had not been delivered and even the old one meant to act as

a stop gap was not yet fully installed to function due to lack of a radiation

protection part.

Lack of such an essential equipment or use of an old equipment in a

Regional Referral Hospital puts patients who need X-ray examination at

greater risk.

The Hospital Accounting Officer attributed the lack of an X-ray to lack of

capital development budget and explained that although he has submitted

to the Ministry of Health requests for capital development funds, no

response had been received.

55.6 Staff Accommodation

It was noted that a number of staff were accommodated in Institutional

houses. However, the utilities to these houses like power and water were

not separated from the hospital meters. Therefore, included in the utility

bills for the hospital are bills for the staff housed by the Hospital. The

implication is that these staff benefits are irregularly revised upwards when

their utility bills are paid by the Hospital.

I advised management to have these houses de-linked from the Hospital

mains which supply water and electricity and install separate meters for

utilities to these institutional houses.

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56.0 KABALE HOSPITAL

56.1 Procurement Procedures/Practices: 56.1.1 Drugs and other Hospital Sundries not Taken on Charge:

I noted cases where requisitions were initiated by either the Pharmacist or

In-charges of wards and approved by the Procurement Officer. Such items

were neither received in store nor taken on charge by the Supplies Officer

(Store-keeper). Instead the Officer requisitioning acknowledges receipt of

items.

This practice weakens the stores control procedures as it makes it difficult

to track all the supplies made.

The Accounting Officer regretted the anomaly and explained that it was a

result of emergencies arising when the supplies officer was not at the

station. He directly attributed it to staff shortage in the stores department.

There is need to urgently recruit and deploy qualified stores staff to the

hospital to help streamline record keeping in the stores.

56 1.2 Direct Issues to users (Doubtful deliveries):

Audit of the drugs stores revealed that drugs were being ordered and

delivered directly to patients (users) without going through the stores

recording system. There is no mechanism for independent verification for

such deliveries and issues which renders them doubtful.

The Accounting Officer is advised to ensure that all deliveries to hospital

are recorded and issued through stores.

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56.2 Stores:

56.2.1 Expired and near expiry drugs: Expired and near expiring drugs have remained a common occurrence in

the hospital stores. Expired drugs not only pose a danger to the stores

personnel but are also costly to keep, and occupy space that would be

utilized for other purposes.

At the time of audit, the hospital had just received drugs (Aspirin and

Chloroquine tablets) that had not been ordered from various agencies yet

these drugs had short shelf life and were slow moving.

The Accounting Officer explained that expired drugs have been separated

from expired ones to avoid mix-up. He also noted that many times it is

beyond the Hospital’s control i.e. donations which come in large quantities

but with short shelve lives

I advised Management to strengthen the procurement planning system

such that only drugs with acceptable shelf life are purchased/received (in

case of donations), to avoid dumping expiring drugs in the hospital.

56.2.2 Stores Manpower:

The hospital store is being manned by only one Senior Supplies Officer –

assisted by a locally hired staff.

The Accounting officer explained that despite his constant requests to the

Health and Public Service Commissions for more staff, no recruitment has

been done.

56.3 Fuel Utilisation: There are no adequate records over fuel utilization. Whereas non-use of

fuel advantage cards is agreeable considering the location of Kabale

hospital, it was observed that controls such as maximum deposits to the

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fuel station, allocations to the various department vehicles and proper issue

of fuel orders were non existent.

For instance, a sample of payment vouchers for Shs.15,471,780 revealed

that Shs.5,746,100 worth of fuel was consumed without fuel orders. It was

further noted that fuel is consumed on credit and payments made later in

disregard of the commitment control system.

The resultant effect has been unsettled bills (payables) worth

Shs.5,826,400 at the end of the financial year under review.

The Accounting Officer explained that it was not due to weak controls but a

result of external occurrences i.e. exorbitant fuel prices, shortage of diesel,

power cuts and high maintenance of Hospital vehicles and the Generator.

I have advised management to institute strong controls over fuel utilisation

and adopt the advantage card system.

56.4 Hospital Land:

The land registered as Plot No.8-32 Johnstone Street, measuring

approximately 8.59 hectares was leased to Kabale Regional Hospital by

Kabale District Land Board in 2002 for 49 years. However, inspection of

this land revealed that there are four plots and other developments whose

true ownership and legal status are not known and yet they fall well within

the boundaries of hospital land.

Some of the Plots appear to be institutional houses purportedly sold out to

the then sitting tenants during the sale of government pool houses. The

issue as to whether they were actually pool houses or (Hospital)

institutional houses, has remained unresolved to date.

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It was further observed that Kabale Institute of Health Sciences which is a

private institution was illegally developed on the Hospital land.

The Accounting Officer, in his response explained that there is controversy

surrounding Government houses/land which were purportedly bought by

the then sitting tenants. He further explained that he had written to the

occupants to produce evidence of legal ownership but has only received a

response from one occupant who has vacated and returned the house to

the Hospital.

57.0 HOIMA HOSPITAL 57.1 Payment in respect of Outstanding Bills to National Medical Stores

The Hospital paid National Medical Stores Shs.6,843,013 in respect of

outstanding bills. However review of the statement that was used as basis

for payment revealed that Shs.12,546,545 was made on the statement as

“reconciliation correction of double entry” thus increasing the indebtedness

of the hospital to National Medical Stores by this amount. Later the

statement was again debited with the same amount as “reversal of wrong

entry in the bank”. The two debit entries had the effect of increasing the

amount owed by the Hospital by a total of Shs.25,093,090. However no

details were provided to explain the adjustments. I was not provided with

sufficient evidence to show that indeed the hospital owed National Medical

Stores.

Further investigations should be carried out to establish the reasons for the

adjustments and the indebtedness of the hospital to National Medical

Stores at the time.

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57.2 Staff Establishment

Hoima hospital was upgraded to serve as a Regional Referral Hospital for

the districts of Hoima, Masindi, Kibale, Kiboga and Bulisa. As a result, the

hospital’s staffing levels had to increase and the approved structure now

stands at 361 posts. However, only 161 (44.5%) posts are currently filled

leaving 200 (55.5%) posts vacant. Most affected are key technical areas

such as the following:-

Post Approved Filled Vacant

Senior consultants 4 2 2

Consultants 10 2 8

Medical: Special Grade 10 3 7

Medical officers 8 4 8

Nursing 106 99 7

Para-medicals 70 25 45

Administration 28 8 20

Understaffing in such key areas that are essential for effective service

delivery undermines the reasons for which the hospital was upgraded to

the level of a Regional Referral Hospital, bringing services nearer to the

people. Internal Audit and Personnel functions are not staffed at all.

The Accounting Officer explained that he had declared the vacant posts to

the Ministry of Health and Health Service Commission and plans were

underway to fill the vacant posts. However he indicated that it is difficult to

retain newly recruited staff due to lack of accommodation.

57.3 Vehicles

The hospital has only one operational vehicle that was procured way back

in 1994. The other three vehicles are over ten years old and can hardly

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operate as they frequently break down and are overdue for replacement. It

is becoming uneconomical to maintain them.

There is need to have the vehicles replaced to enable the hospital operate

effectively. A capital development budget should be considered for the

purpose.

57.4 Non-Tax Revenue

The hospital collects non tax revenue from sale of tender documents, rent

of canteen and medical fees from the private wing. During the financial

year, a total of shs.4,115,500 was collected by the hospital. However

occupancy of the private wing for the entire financial year was 35 patients

for all the ten side rooms and generated less than two million shillings. This

shows that the rooms may not probably be occupied most of the time

during the year. The Accounting Officer stated that the rooms are not well

furnished and have poor facilities and do not attract patients apart from a

few who want privacy. I advised him either to review the policy to have

the rooms available for other patients who are crammed in the few general

wards available or to endeavour to upgrade the private wing to improve on

the catchment area.

57.5 Stores

(a) Recording

Review of the stock cards revealed that they are not immediately updated

every after a transaction. For example as of 25th July 2006, when stores

were visited, all transactions for July 2006 had not been recorded on the

stock cards. This made it difficult to verify the balances of stock at hand.

The Accounting Officer explained that this has been a long standing

challenge to the hospital management despite rigorous supervision. He

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attributed this to shortage of stores staff whereby the hospital has only one

Stores Assistant manning all the hospital stores.

As reported in my last report to Parliament there is acute shortage of stores

cadres in Government departments. There is an urgent need to recruit and

deploy store keepers in all government departments’ stores for proper

management of stores.

57.6 Hospital Land

The hospital does not have a land title for the land it occupies. It was also

observed that not all the land it occupies is fenced hence exposing the land

to the risk of possible encroachment.

The Accounting Officer explained that the process of obtaining a land title

had progressed following the surveying of the land. He attributed the

failure to fence off the whole hospital to lack of a capital development

budget.

57.7 Disposal of Medical Waste

The hospital does not have an incinerator. Disposal of medical waste is by

placenta pit which is considered to be a crude method of waste disposal.

Disposal of other medical waste (used sundries) is by burning in open pits

which is also considered not to be environmentally safe.

The Accounting Officer attributed the problem to lack of funds. He

explained that the hospital needs Shs.15 million to put up an incinerator

based on the model approved by the Ministry and that so far Shs.1 million

has been raised from well wishers (TATA (U) Ltd).

The hospital should be considered for an adequate capital budget

appropriation to address the problem.

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58.0 SOROTI HOSPITAL 58.1 Staffing

The Hospital was found to be greatly understaffed. Inadequate staffing in

key positions impacts on the efficient service delivery.

I advised the Accounting Officer to liaise with the parent Ministry to ensure

that the staffing gaps within the approved structure are addressed.

The Accounting officer explained that he had made a submission of the

vacant positions to the Ministry of Health for onward submission to the

Health Service Commission and awaits its action. I urged him to make a

follow up of his submission.

58.2 Lack of Capital development funds.

The Hospital does not have a capital development budget to enable it

operate smoothly. Consequently important facilities required like lifesaver

equipment are lacking, the ambulance is too old and expensive to maintain.

There is need for the hospital to have capital development funds in order

to improve service delivery.

58.3 Hospital Infrastructure

The hospital infrastructure looks dilapidated. Some renovations were done

in 1999 and 2000 but covered only a few facilities. It was also noted that

the sewerage system, which was meant to serve a few people, cannot

serve the current capacity of the hospital any longer.

Measures should be put in place to have the hospital infrastructure

rehabilitated so that it depicts the status of a referral hospital.

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58.4 Staff Accommodation

The hospital does not have adequate accommodation for its staff. The few

housing facilities that exist are not in a habitable condition due to the sorry

state they are in. This has created an accommodation crisis for staff as it is

not possible for key medical staff to be near the hospital at all times.

Without decent accommodation it is also very difficult to attract key medical

personnel to work in upcountry referral hospitals.

There is need to have the problem of staff accommodation for referral

hospitals addressed in order to improve service delivery.

58.5 Expired drugs

Expired drugs have piled up in the stores because the hospital does not

have adequate funds and an incinerator to destroy them. It was further

noted that big quantities of drugs especially ARVs from NMS and donors are

normally pushed to the Hospitals when they are about to expire.

There is need for the Hospital to put in place a mechanism to scrutinise all

drugs received especially the expiry dates before accepting them in their

stores. All those that are not required or about to expire should be rejected.

59.0 MBARARA HOSPITAL 59.1 Staffing gaps

Mbarara regional referral hospital does not have an approved staff

structure. Scrutiny of the interim staff structure currently in use revealed

staffing gaps as follows;

S.no Category of staff Required Actual no Staffing gap

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no 1. Doctors and specialists 40 16 24 2. Dental staff 8 2 6 3. Theatre staff 9 3 6

Staff shortages have the effect of constraining the quality of health care

provided by the referral hospital. The existing staff are exposed to the risk

of stress due to overworking.

The Accounting Officer explained that the interim structure was presented

to the Ministry of Health and is now before cabinet for approval after which

staffing gaps shall be filled.

There is need for comprehensive strategies to be initiated to address

staffing gaps at the hospital in consultation with other stakeholders.

59.2 Lack of Capital Development Budget

During the year under review the hospital operated only on recurrent

budget. Without development budget, it can not acquire new equipment to

meet growing needs.

It cannot also carry out the required maintenance of the hospital

infrastructure. Lack of capital development budget has led to the

following:-

• Non-functional x-ray machine

Inspection of the hospital wards revealed that the main X-ray machine

had been non-functional since November 2006 due to faulty parts. A

Pro-forma invoice on file indicated that repair costs would be US $

30,500 which amount of money had however not been budgeted for. As

a result Patients who can afford are referred to private clinics while

those who can not are exposed to fate. Without equipment the quality

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of medical students produced is also compromised. The hospital being

both a teaching and referral hospital requires modern working

equipment to enable it operate effectively.

In response the accounting officer explained that one mobile X-ray

machine has now been repaired and the Ministry of Health promised to

procure a new mobile x-ray for the hospital.

• Overcrowding of the Wards

The hospital wards house 350 beds instead of the recommended

number of 250. As a result some patients are accommodated in the

corridors. Congestion in the hospital has the effect of constraining

mobility by both patients and medical personnel. The possibility of

cross-infection can not be ruled out either. The drug stores were found

to be inadequate and as a result a former kitchen was converted into a

drug store. Storage of drugs in non-designated premises may affect

their effectiveness.

In response the accounting officer stated that the hospital is scheduled

to obtain new structures under ADB loan (SHSSP II) and these will ease

congestion in the wards.

The hospital should continue liaising with Ministry of Finance, Planning

and Economic Development and that of Health together with other

stakeholders to obtain a capital budget for its needs.

• Disposal of Medical Waste

Medical waste disposal is by way of a pit which is a primitive method of

waste disposal. The incinerator constructed by the Ministry of Health is

not in use as it developed cracks shortly after its handover. Lack of

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appropriate methods of waste disposal exposes the staff and people in

the neighbourhood to the risk of environmental contamination.

59.3 Absence of Hospital board

Article 1 subsection 1.3 of the memorandum of understanding between the

hospital and ministry of Health provides for establishment of a management

board for the purpose of monitoring the general administration of the

hospital. However during the year under review, the hospital lacked an

approved management board. As a consequence stakeholders in the form

of a hospital management board did not play any role in monitoring general

administration of the hospital.

The Accounting Officer explained that names of proposed members had

been forwarded to the Minister of Health for approval and a response is

awaited.

Management should follow up the matter and ensure that approval of the

board is done to enhance monitoring of the general administration of the

hospital.

60.0 LONDON MISSION

60.1 Unauthorised Expenditure

The mission incurred unauthorised excess expenditure of Shs.137,471,904

without authority as shown below:-

Item Budget Actual Variance Employee Costs 1,293,111,000 1,315,777,177 22,666,177General expenses

20,000,000 80,610,792 60,610,792

Communication 10,000,000 54,407,095 44,407,095Travel & Transport

40,000,000 78,675,549 38,675,549

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Maintenance 9,000,000 176,165,541 167,165,541Capital Development

NIL 803,946,750 803,946,750

Total 1,372,111,000 2,509,582,904 1,137,471,904

The Accounting Officer in his written submission explained that the mission

received authority for capital development and maintenance to offset these

expenses from the collection account.

However, although authority to spend on capital development was seen,

there was no evidence of approved supplementary budget and allocation

warrants for the excess expenditure.

The Accounting Officer is advised to have the expenditure regularised in

accordance with the law.

60.2 Doubtful Payments

A total of Shs.591,690 (£ 348,053) was incurred on the acquisition of

various goods and services required for the smooth running of the mission.

The following observations were made:

Renovation of Official Residence

A total of Shs.803, 940,750 (£ 231,750) was paid to a local firm for the

renovation of the official residence. However, the payment was

supported by a quotation showing only details of work to be done

without the unit prices. Payments made also lacked certified interim

certificates of work done, and were paid directly from visa account

instead of transferring the funds to the operation account. In the

process the expenditure was not captured in the abstracts. There was

also no budgetary provision for the expenditure and a bigger portion of

the work was still progress by the time of the audit inspection

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General Repairs and Maintenance

The Mission spent Shs.99,560,300 (£28,700 ) in payments to a firm for

cleaning the Chancery and for other general repairs and maintenance.

However, there was no evidence that Procurement procedures like open

tendering, evaluation and contracts committee approval were followed

before contracting the firm. Similarly there was also no contract

attached to support the payment and giving details of the repairs and

maintenance work to be carried out.

I advised the Accounting Officer to provide the supporting documents

and to ensure that procurement regulations are complied with in future.

Rent

An amount of £87,603.28 was paid out to various landlords and/or

housing agencies for the various officers’ accommodation. I was not

provided with the tenancy agreements to confirm that the payments

made were genuine. It was further noted that the landlords did not

acknowledge the amounts paid to them.

I advised Management to provide tenancy agreements and

acknowledgements for the funds paid out.

60.3 NTR Collections

According to the accounts the mission realised a total of Shs.833,085,466

from NTR. The following observations were made:

A sum of Shs.190,973,289 alleged to have been transferred to the

consolidated fund was not supported with remittance advice slips and

acknowledgement receipts from treasury. Similarly the amount was not

recorded in the statement of Arrears of Revenues resulting in the

understatement or revenues collected.

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It was further noted that although the mission collects rent from the

hire of Chancery buildings however, there were no returns made for this

source. It is not clear how much was collected, banked and remitted to

the UCF from that source.

I advised the Accounting Officer to amend the accounts and also to provide

the relevant documents for further verification.

60.4 Internal Controls

Generally the internal controls were not adequate as shown below: (i) Most payments were not initiated by requisitions from users or

demand notes/invoices from suppliers. It was therefore difficult to

authenticate such payments.

(ii) Monthly releases from Treasury were not receipted.

(iii) There were no records or any other correspondences to confirm

whether the Mission handled all procurements and disposals at the

Mission through the existing procurement laws.

(iii) Final Accounts were submitted via e-mail and as such the Accounting

Officer did not sign them. I advised the Accounting officer to

submit a signed copy of the accounts.

(iv) Unauthorised Advance

An advance of Shs.3,469,000 (£ 1,000) was paid to an individual on

his way to Geneva. There was no explanation or details for the

advance and accountability provided for audit. Furthermore, the

officer is not an employee of the Mission.

The Accounting Officer explained that he was in consultation with his

counter part at Uganda’s mission in Geneva where the officer was

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posted to have the funds recovered from the officer and refunded to

the mission. I await the outcome of the consultations.

(vi) Personal Shares

Contrary to standing orders three (3) officers stayed in hotels on

transfer to the Mission on arrival but personal share of the hotel bills

(25%x£ 3555=888.75) amounting to Shs.3,083,074 was not

recovered.

It was further noted that the mission paid Shs.121,415 (£ 35) for the

accommodation of an officer who never turned up to the Hotel after

reservations had been made. This expenditure is considered

wasteful.

The Accounting Officer explained that the payments made were

strictly for accommodation and the officers paid for the meals.

Regarding the officer, the mission was requested by the Ministry of

Foreign Affairs to assist him while in transit but when the

mission booked for him accommodation he never turned up at

the hotel.

I advised the Accounting Officer to provide proof that the payment

made was strictly for accommodation and that the officers paid for

their meals. For hotel reservations made and the officer who never

turned up he should liaise with his counterpart at our Geneva

mission to have the funds recovered from the officer.

(vii) Climatic Clothing Allowance

Whereas Standing Orders provide that climatic clothing allowance be

paid to Foreign Service Officers and home staff posted to Missions.

It was noted that home based officers are in addition paid warm

clothing allowance which is for civil servants (other than Foreign

Service Officers) on training or duty outside the country.

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The Accounting Officer in his written reply explained that his

understanding was that warm clothing is paid to all civil servants

including Foreign Service officers as long as they are travelling to

temperate and cold climates.

I advised the Accounting Officer to liaise with the relevant Ministry

for an interpretation of the regulations otherwise the amount is

considered to be a double payment.

(viii) Wasteful Expenditure

An amount of Shs.1,734,497 (£ 500) being part payment of £ 1,000

was made on un-numbered invoice dated 8/10/05 from Ben

Television on Uganda image-boosting campaign. There was no

satisfactory reason given for image boosting and justification for the

expenditure.

The Accounting officer explained that the payment was to cover a

video presentation regarding the visit of H.E The president and was

meant to counter some negative publicity about the Government of

Uganda.

I advised the Accounting Officer that normally such expenditures

covering the visits of H.E the President are met by State House and

in the absence of satisfactory supporting documents the nature of

the expenditure appears doubtful.

I urged the Accounting officer to improve on the control environment

and also ensure strict adherence to Government regulations.

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60.5 Board of Survey Contrary to regulations, there was no board of survey carried out.

Therefore, a total of Shs.803,940,750 classified as non-residential buildings

appearing in the accounts (in the statement of stores and assets) were not

properly supported. I could not certify its composition and authenticity.

I advised Management to constitute an annual board of survey team to

verify cash and the inventory balances.

60.6 Pension Liabilities

Standing Orders do not allow local staff to be recruited on pensionable and

gratuitable terms. They can however be paid benefits according to the

laws of the host country. There was no evidence provided to show that

British laws require support staff to be employed on gratuity basis. There

is therefore no proper basis for the accruals of pension liabilities in the

accounts amounting to Shs.647,306,154 accrued.

The Accounting Officer explained that there was a provision for the

Employer/employee contribution pension scheme in the British system and

the mission’s payment of gratuity was “in lieu of contribution” to the

scheme and if the mission was to review the policy it would be a breach of

the contracts signed with the staff.

I advised the Accounting Officer to adduce evidence that the British laws

actually provide for such payments.

60.7 Statement of Financial Performance

Unexplained Discrepancies Between Approved Estimates And Estimates In The Statements Whereas the initial budget estimates indicate that Shs.1,591,104,000 was

budgeted for and revised to Shs.1,944,504,280 as per the approved

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estimates, it was noted that, actual transfers received from treasury were

recorded as Shs.2,062,804,000. The source of the difference of

Shs.118,299,720 was not explained. Further more Shs.3,166,097,000 is

indicated in the budget column of the statement instead of the revised

amount of Shs.1,944,504,280.

I advised the Accounting Officer to explain the discrepancies noted above

and also have the figures harmonised.

60.8 Mission Properties

(a) Chancery Apart from the 1st and 2nd Floors, which were renovated by the former

tenant, the rest of the Floors need renovation. All windows need repair,

the ceiling of 4th Floor leaks from the window of the 5th Floor, the toilet on

the 3rd Floor require repair. Glasses on the western side of the 1st and 2nd

Floor (which was not renovated by tenant) have broken window glasses.

The carpets on the 4th Floor are in a sorry torn state. The basement is in

pretty bad shape. Water drips down through the walls.

(b) Furniture

Most furniture including the ones in the High Commissioners office need to

be replaced.

(c) Photocopiers

The photocopiers for which the Mission paid highly are broken down.

In his written submission the Accounting Officer explained that due to

inadequate funding including lack of capital development funds the mission

is not in position to carry out the required repairs and maintenance of its

378

properties. He however, noted that the mission had been authorised to use

NTR for the renovation of the official residence and work was in progress.

I advised him to continue lobbying the relevant Government agencies for

more funding and also to ensure that the mission’s requirements are

captured in the Ministry of foreign affairs policy statement to parliament.

60.9 Interest Bearing Liabilities (Borrowings)

Included in the statement are borrowings (interest bearing liabilities) of

Shs.6,873,095 whose details were not properly supported. Further more,

the authority for borrowing has not been provided for audit.

I advised the Accounting officer to provide details of the borrowing.

61.0 NEW YORK MISSION

61.1 Unauthorised Expednditure

The mission incurred unauthorised excess expenditure of

Shs.1,944,297,465 without authority as shown below:

Actual Expenditure

Budget Excess Expenditure

Employee Costs 1,808,779,829 1,288,107,000 520,672,829

Goods and Services 2,123,635,610 732,000,000 1,371,409,746

Consumption of Plant, Property and Equipment

11,378,194 0 11,378,194

Other Expenses

2,637,053 0 2,637,053

Domestic Arrears Paid

16,994,043 0 16,994,043

Advance Paid

21,205,600

Total 1,944,297,465

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Excess expenditure indicates breakdown of controls over budgetary

expenditure. During discussions management attributed the irregularity to

under funding of the Mission, which forces them to borrow from Non-Tax

Revenue to finance various critical like:-

• Expenditure on Mission properties i.e. Uganda House and the official

residence and other rented properties which are not always budgeted

for despite their priority and importance.

• Costs of relocation of Embassy staff which are also not budgeted for.

Pressure is put to the Mission by the Ministry of Foreign Affairs to

finance the cost of relocation of officers yet no budget is provided for

the purpose. In fact, the Mission still had unpaid bills for former officers

who were relocated to other Missions.

I recommend that all mission operations including expenditure on the

Mission properties should be budgeted for and approved by Parliament

as required by the law. The relocation of officers should be properly

planned and an adequate budget provided for the purpose. The policy

on who to finance this relocation should be made very clear to all

Missions. Government should also make a comprehensive review of the

Mission operations with a view of ensuring that the Mission is facilitated

adequately to pursue its objectives.

61.2 Payables

Payables in the accounts were recorded as Shs.1,267,084,856 . However,

the amount is not properly stated, as it does not include the arrears owed

to the New York City Department of Finance of Shs.2,606,378,250

(US$1,489,359) as

explained below:

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(a) Arrears to New York Department of Finance

By 30th June 2007 the Mission owed the New York City Authorities a

total of US$1,489,359.54 in ground rent for Uganda House Property.

This amount comprises of Council property tax of US$1,423,313.54

and interest of US$66,046.

Delayed payment has led to accumulation of interest. It was also

noted that the Mission does not regularly reconcile the assessments

made by the City Authorities with their records to confirm accuracy

of amounts outstanding. There is a risk of the Mission being

improperly assessed and incurring unnecessary expenditure.

I advised the Accounting officer that the financial statements should

be adjusted to reflect the correct position of arrears outstanding as

at 30th June 2007 and any adjustments should be notified to the

Accountant General. The Mission should also regularly reconcile its

arrears records with the City Authorities to mitigate the risk of

incorrect assessments and arrangements should be made to have

the arrears cleared to avoid accumulation of interest and possible

diplomatic embarrassment to the Mission and Government.

(b) Arrears Owed to Ministry of Foreign Affairs

It was further noted that Included in the arrears is Shs.69,952,533

owed by the Mission to the Ministry of Foreign Affairs. The amount

relates to refunds made by the United Nations in respect of travel of

the Uganda delegation to the United Nations General Assembly. It

consists of two refunds relating to financial years 2005/2006 and

2006/2007 made to the Mission which were not remitted to the

Ministry of Foreign Affairs. During discussions management

explained that the Ministry allowed them to utilise the amount to

finance the relocation of officers following their end of tour of duty.

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I urged management to provide the relevant documentation to

support the explanation.

61.3 Non-Tax Revenue (NTR) Collections

A total of Shs.1,959,058,280 (US$1,094,287.02) was realised as collections

of Non-Tax Revenue during the financial year. These collections were in

respect of rent (US$1,034,733.25), Visa fees (US$58,430) and other

Miscellaneous Revenue (US$1,123.77).

However, examination revealed that only US$36,455 was remitted to the

Consolidated Fund leaving a balance of US$1,021,376.82 not remitted

contrary to regulations which require monthly remittance of all NTR to the

Treasury.

Besides, there was no evidence that the US$36,455 was received by the

Treasury.

It was further noted that contrary to regulations the amount not remitted

was utilised at source without authority.

During discussions the Accounting Officer attributed the irregularity to

unrealistic budget appropriations for the Mission, which falls far short of the

Mission requirements.

I advised the Accounting Officer that NTR collections should always be

remitted to the Consolidated Fund promptly and seek authority before

utilising it at source.

61.4 Internal Controls

Weaknesses were noted in the Internal Control System.

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• Fuel Usage and Vehicle Movement.

The Mission owns three vehicles; one for the Head of Mission, one for the

Deputy and a Utility vehicle which are fuelled by way of advancing funds to

the drivers who later account to the Accountant.

However, there is no system in place to control and monitor the movement

of vehicles and hence the usage of fuel. Fuel consumption for each vehicle

cannot be linked to the vehicle movement. There is a risk of misuse of fuel

and vehicles, which can lead to unnecessary increase in vehicle operating

expenses.

I urged the Accounting officer to introduce vehicle movement logbooks and

all staff including drivers be sensitised on their use and importance.

• Counterfoil Register

There was no counterfoil register being maintained to monitor the receipt

and usage of all revenue stationery (visas, general receipt books and

cheques).

This creates a risk of stationery getting lost or misused without being

promptly detected. It is also difficult to monitor usage for purposes of re-

ordering new stocks.

I advised the Accounting officer to open up a counterfoil register to monitor

the utilisation of all accountable stationery.

61.5 Unrefunded Security Deposits

The Mission entered into a rental agreement with a landlord, Westchester

Country Board of Realtors, for the rental of a flat for a former Embassy

staff. The agreement was to run from 1st July 2006 to 30th June 2008 and

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accordingly a security deposit of US$6,600 was paid which was refundable

upon vacation of the flat.

Following the officer’s end of tour of service, he vacated the flat and

accordingly terminated the rental agreement on 31st August 2006. It was

however noted that although the Mission gave the landlord the two months’

notice of termination as required by the Agreement, the Landlord did not

refund the rental security deposit. Efforts by the Mission to have it paid

have been futile.

I advised the Accounting officer to invoke the relevant provisions of the

agreement to have the amount recovered.

61.6 Mission Properties

(a) The Official Residence

This is a five storey residential building located at 111 East 70th Street.

Following years of deterioration, management had it repaired to make it

habitable and attractive for rental purposes. In October 2006, after a

tenant had settled in at a rental of US$30,000 per month the building was

gutted by a fire that started from a neighbouring building. The tenant had

to vacate the house to allow the damage to be rectified.

The building suffered not only fire from the adjacent building but also water

damage during the fire rescue operation by the New York Fire Department.

At the time of inspection (October 2007) repairs were being carried out by

the Mission using Non-Tax Revenue to rectify the damage and enable the

tenant reoccupy it since he still showed interest in the property.

However, efforts by the Mission to pursue a claim with the insurance

company have not yielded any results.

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During discussions the Accounting Officer explained that initially the

company had declined the claim but indications are that the company had

reconsidered its position.

I advised management to continue following up the matter with the

insurance company or seek legal redress and also consider the possibility of

pursuing a claim for compensation against the owners of the house that

caused the fire.

(b) Uganda House

This is a storied building located in Central Manhattan. It accommodates

the Chancery and also three tenants i.e. UNDP, United Nations and

Embassy of the Republic of Burundi.

It is in a fairly good state due to regular maintenance although its heating

and cooling system needs replacement.

I noted the following on the review of the tenancy agreements: -

(i) Embassy of the Republic of Burundi

The Embassy of the Republic of Burundi occupies the 12th Floor having an

area of 2,592 square feet. The initial lease agreement ran from 1st January

1998 to 31st December 2002 and provided for monthly rental of US$7,500.

However, it was noted that ever since the expiry of the lease agreement in

2002, no new agreement has been entered with the Mission. The Mission

drew up a draft lease in 2005, which was also not concluded. Records

indicate that payment is not regular and at the date of audit inspection

(October, 2007), the tenant was in arrears by six months to the tune of

US$45,000. The rental does not reflect the current market rates for such

location.

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(ii) UNDP

UNDP occupies 2nd, 4th, 5th, 6th and 7th Floors. Their lease expired on 31st

May 2007. During this lease period (5 years), the organisation had paid

rent that was well below the prevailing market rate for the area yet the cost

of utilities was increasing.

On expiry of the lease, the Mission proposed a new lease agreement with

an increment of rent from US$29 to US$40 per square feet, which was

declined by the UNDP. UNDP subsequently indicated their intentions to

terminate that lease which was accepted by the Mission.

(d) Titles for Uganda House and Official Residence

The titles for the two properties could not be traced at the Mission.

Management’s view is that they are with the responsible Ministries in

Kampala.

I advised management to follow up the matter with the responsible

Ministries and have copies kept at the Mission.

(e) Civil Works

The Embassy periodically carried out civil maintenance works on the two

properties owned by the Mission. During the year, the maintenance work

included repairs on the fire escape, painting of the interior of Uganda

House, elevator roof, ceiling repairs, plumbing, cooling and heating system

and remedial work on the rented property. It was however noted that

there is lack of proper segregation of duties right from solicitation of firms

to do the work to certification of the work done by the contractors. The

Building Manager sometimes handles the whole process. For instance, he

solicits for firms to do the work, requests them for their quotations,

participates in the evaluation and approval of the firms to do the works in

addition to supervision and certification of the works done by the

contractor.

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These duties should be properly segregated so that there are adequate

checks and balances in the system.

During discussions the Accounting Officer attributed this to poor staffing.

I advised the Accounting officer that duties related to civil works and

maintenance should be properly segregated to enhance proper supervision,

and that all civil works should be properly supervised, approved and

certified by a responsible committee.

(f) Utility Van

The utility van for the Mission (Ford Wind star) has become old for use by

a diplomatic mission. There is need to have it replaced with a new

vehicle.

I urged the Accounting officer to consider the replacement of the utility

van in the mission’s budget.

61.7 Fines and Penalties

The Mission incurred nugatory expenditure of Shs.2,143,750( US$1,225) on

fines and penalties resulting from traffic and parking violations by Mission

drivers. The cause of this is either careless driving, indiscipline on the part

of the drivers, or use of poorly skilled or trained drivers.

I advised management to put in place a code of conduct to address the

indiscipline and carelessness at the work place and also to regularly train

staff to equip them with skills necessary to perform their functions

effectively.

61.8 Local Staff

The Mission employs a number of locally recruited staff. However, I was

not provided with terms and conditions of service for local staff although it

was indicated that they were available. Besides, the personnel files for

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many of the local staff lacked evidence to show that their recruitment was

approved by the Ministry of Foreign Affairs as required by the Standing

Orders. Their schedule of duties was also not made available during the

audit.

I advised management to draw up the terms and conditions of service for

local staff to regulate their recruitment, remuneration and administration.

62.0 WASHINGTON MISSION

62.1 Poor Book-keeping

It was noted that the Mission did not maintain expenditure ledgers to

ascertain how the details of the balances shown the Accounts were

analysed and accumulated into the total yearly expenditure. In addition,

no proper cash book for Non Tax Revenue was kept. For instance, receipts

issued for NTR collections WERE not recorded in the Cash book making

reconciliations with the bank difficult.

62.2 Excess expenditure

The mission spent a total of Shs.342,912,987= on goods/services

consumed and property, plant and equipment in excess of the approved

budget rendering the expenditure unauthorised.

62.3 Payables

The payables balance of Shs.42,075,618= was not supported by the

outstanding commitment list and other documentation. This limited the

scope of my work.

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62.4 Transfers received from other government units

Shs.39,176,716= was reported as received from other government units.

However, the mission did not provide the details which could enable me

verify its source and the purpose for which the funds were received.

62.5 Unspent Salaries

Examination of accounts revealed that one Embassy staff was transferred in

April 2006 without a replacement but the Ministry continued to release to

the Mission the salaries and allowances attached to that post. By the time

of audit inspection, the remuneration had accumulated to US$56,086 which

was being deposited on the Embassy’s development account.

Management, explained that the money was retained in anticipation of

receiving a replacement. I informed the Accounting Officer that the money

constitutes unspent salaries by which law should be remitted back to the

consolidated fund.

62.6 Non Tax Revenue

(i) Sale of temporary travel documents

A total of Fr 910,000 was collected from the sale of temporary travel

documents. However, only Fr 747,900 was remitted to Bank of

Uganda, leaving a balance of Fr 162,100 (Approx. US $292) un-

remitted (not banked).

The Accounting Officer was advised to bank and transfer the balance

to the consolidated funds.

(ii) Fees from sale of visa stickers

During the financial year, the Embassy collected a total of US Dollars

8,740 from sale of visa stickers which were banked and subsequently

remitted to Bank of Uganda. However, there was no evidence of

receipt from the Accountant General to confirm that the funds

reached the Consolidated Fund.

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(iii) Sale of utility car

The Embassy boarded off an old vehicle (Land-Rover 110

(CD15002R) formerly used as utility car at an amount of Fr

1,500,000 (US $2,727.2). Regulations require that such funds be

receipted as NTR and remitted to the UCF. On the contrary, the

funds were banked on the Embassy’s Development Fund Account.

I advised the Accounting Officer to have these funds transferred to

the Consolidated Fund Account.

62.7 Payment of Taxes – VAT

The Embassy is exempted from paying local taxes including VAT. However,

the arrangement is that the tax is paid first and a claim submitted to the

tax authority for refunds by the Embassy. Although records show that

several services were paid for from which VAT exemptions were applicable,

management did not submit claims for VAT refunds to the Tax body.

The Accounting Officer admitted the anomaly and promised to follow up

the matter with the tax body.

62.8 Contract for maintenance of Embassy website

The Embassy contracted an individual to install and maintain the website

for the Embassy. A monthly fee of US $700 (Fr 385,000) is paid to him for

its maintenance. However, this arrangement is not supported by a contract

agreement spelling out the terms and conditions of maintenance. This puts

the Embassy at a great risk in case the vendor is not able to maintain the

website to the satisfaction of the Embassy.

Similarly, no documentation is made by the vendor to prove work done

which could assist management to keep truck of any changes.

I advised the Accounting Officer to draw a contract with the vendor and

streamline his activities with the Embassy.

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62.9 Tenancy Agreements

A review of documents revealed that the tenancy agreement provide for a

three months notice before either party could terminate the contract. The

provision appears unfavourable for the Embassy and indeed it suffered a

payment of Fr 1,650,000 for two extra months for a house formerly

occupied by a Counsellor when his term was ended abruptly. The

Accounting Officer in a preliminary discussion stated that he had taken

steps to revise tenancy agreements to counter the provision for a reduction

to one months notice.

I advised him to expedite the process and negotiate for terms that provide

for unique circumstances where such expenditure could be avoided.

62.10 Other Assets/Inventories:

The inventory at the Chancery; residence of the Ambassador and

inventories in possession by other member of staff are not

engraved/marked to distinguish them from privately owned property.

Besides, the inventory registers maintained by the Embassy are not

updated regularly to reflect the true position of property owned at any one

time by the Embassy.

The Accounting Officer was advised to have the inventory registers updated

regularly. And also cause the assets to be engraved.

The stores ledger was also not properly kept. Although the ledger exists,

purchases were not properly recorded to reflect quantities received, how

they were issued out and the balances. Items purportedly received were

haphazardly recorded, making verification of stores rather difficult.

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62.11 Conversion of Fr to Dollars

The Embassy management preferred to use the open market dealers for

the conversion of currencies which purportedly offered better rates. It was

however noted that the rates used in the conversion process were not

disclosed to enable me ascertain the accuracy of funds in dollars on

conversion and whether these funds were dealt with in accordance with the

existing regulations.

62.12 Non maintenance of creditor’s ledgers

The Embassy had running contracts with a number of service providers

especially Landlords for Chancery and residential houses and security firms.

Payment records indicated that the Embassy owed the Diocese of Kabagayi

a total of US $68,000 in unpaid rent since 1999. However, no ledgers

were maintained for the security service providers. Besides although the

Embassy had substantially reduced this debt, the basis of payment was a

statement from the service provide rather than documents maintained by

the Embassy.

I advised the Accounting Officer to open up ledgers for all service

providers, and ensure that they are properly maintained.

62.13 Procurement Procedures

(a) Lack of Proper Documentation:-

PPDA procedures require that all procurements should be by issue of

LPOs. Contrary to this all procurements of goods and services were

not backed up by any LPOs. Similarly, deliveries were not witnessed

and supported by delivery notes and goods received notes.

(b) Lack of Contracts Committee:-

The Embassy does not have a contracts committee or PDU as

required by the PPDA Act and regulations. Consequently all

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procurements of goods and services were not supported by contracts

committee authority.

However, during discussion with the Accounting Officer, he explained

that it was impossible for the Embassy to have the committee in

place because of the staffing requirements for Contract Committee,

which the mission cannot meet.

I advised him to liaise with PPDA, the Ministry of Foreign Affairs and

Ministry of Finance, Planning and Economic Development to find a

workable solution given the unique situation at the Embassy.

63.0 NEW DELHI MISSION 63.1 Unauthorised Expenditure

According to Statement of Appropriation Account (Based on nature of

expenditure for services voted) the mission incurred expenditure of

Shs.33,830,369 above the approved budget on domestic arrears. This

excess expenditure lacked relevant authority.

I advised the Accounting officer to have the expenditure regularised by way

of a reallocation/virement.

63.2 Non Tax Revenue Collections

A review of the accounts revealed that the mission collected a total of

Shs.82, 391,175 as Non Tax Revenue of which the mission was granted

authority by the Secretary to Treasury to spend at source Shs.15,966,612

(Rs 423,982) on expenses relating to the shifting of the Chancery.

However, the balance of Shs.66,424,563 ( Rs 450,000 ) equivalent to US $

9,683, lacked evidence of its remittance to the Consolidated Fund.

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63.3 Rental Payments for Chancery Premises

It was noted that the Mission shifted its Chancery to new premises on D-

5/4 Vasant Vihar, New Dehl at a rental charge of Rs 4,200,000 ( Rs 350,

000 per month) equivalent to US$ 91,296. The details are as below:-

i) Rent for premises 600,000 (paid to Ravinder Singh)

ii) Rent for Fixtures & Fittings 840,000 (paid to Harmeet Kaur)

iii) Rent for Premises 600,000 (paid to Harmeet Kaur)

iv) Rent for Fixtures 780,000 (paid to Harmeet Kaur)

v) Rent for Premises 1,380,000 (paid to Mr. Kuldip Singh)

However, the following are my observations:- (a) Payment to three different individuals

The payment for rent of the Premises was made to three (3) different

individuals for the same property contrary to the normal practice of making

payment to an individual owning the property or to management of

trustees to the estate.

The Accounting officer explained that the payments to three different

individuals for the same property were caused by the cultural norms in

India whereby the rented property was inherited by two brothers and one

sister who failed to agree on one person receiving the money and that in

the lease agreement it was agreed that payments would be made

individually to the three persons. However, I did not obtain the tenancy

agreement for verification.

(b) High Rental Charges

The original premises at B-3/26 Vasant Vihar were being rented from

Mr.Rustagi at Rs150,000 ( Rent for premises of Rs100,000 and Fixtures at

Rs 50,000) per month. However, rent for the new Premises the Mission

shifted to was at Rs.350,000 which cost is twice as much as the original

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price. I did not review the valuation report for the new premises to remove

doubt of rent being unjustifiably hiked given the fact that the two Premises

were located in the same locality.

The Accounting officer explained that the former landlord refused to renew

the tenancy agreement and thereafter rented the premises to the High

commission of Trinidad & Tobago at a rate of Rs 650,000. She further

noted that the cost of living in New Delhi had increased drastically with

property rentals tripling.

(c) Hire of fixtures and fittings The fixtures and fittings were hired at Rs 1,620,000. There was however no

list attached to verify the quantity, quality and price values attached to

these items. I was therefore, unable to reliably assess and evaluate the

correctness of this charge.

. 63.4 Unspent Balances

Examination of Accounts revealed there were balances on various mission

accounts from the previous year totalling Shs.70,396,920. However, I was

not provided with evidence that the balances were transferred back to the

Consolidated Fund as required by the law.

I advised the Accounting officer to transfer the unspent funds promptly to

the consolidated fund and to amend the accounts accordingly.

63.5 Contingent Liabilities

Supporting documents for the contingent liabilities of Shs.4,9440,390

shown in the statement of contingent liabilities were not provided for audit.

I could not confirm its justification to stand in the mission accounts.

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64.0 CAIRO MISSION

64.1 Cash and cash equivalents

There were no certificates of bank balances and reconciliation statements

presented to support the cash and cash equivalents of Shs.92,490,512

shown in the accounts. I advised the Accounting officer to provide the

documents for verification.

64.2 Unauthorised expenditure

The mission incurred unauthorised expenditure of Shs.49,622,040 (Le

165.406.80) on consumption of property, plant and equipment without

authority. I advised the Accounting officer to provide a re-allocation

warrant for audit.

64.3 Circumvention of Public Procurement Regulations The mission incurred a total of Shs.109,681,221 (US$ 63,965.63 or Le

365,604.07) on the renovation of the Ambassador’s official residence at 48

EL Orouba Street. It was however, noted that the procurement was neither

subjected to competitive bidding through advertisement, nor was it

approved by the mission’s Contracts/ Finance Committee.

Besides, I was unable to appraise the quantity and quality of the works

done because; neither Bills of Quantities (BOQ) nor Certificate of Works

done was availed for inspection.

I advised the Accounting officer to always adhere to Government

procurement regulations and also provide both the BOQ and certificate of

works done for verification.

64.4 Internal Controls

Generally the internal controls were poor as shown below:

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Expenditure vouchers were not stamped “Paid”, initiated, nor signed by

recipients to acknowledge receipt of payments. Similarly supporting hence

limiting my scope of audit.

Contrary to Treasury Accounting instructions there was no petty cash book

maintained.

It was further noted that while the head of mission is mandated to provide

political supervision, he has also assumed the Accounting Officer’s role by

being a signatory to all mission bank accounts. This decision by the

Ambassador contravened the Treasury Accounting Instructions, which give

the Accounting Officer the overall responsibility of financial management at

the Mission.

I advised management to improve on the control environment and also

ensure that the head of mission only provides supervision rather than

directly getting involved in financial management.

64.5 Statement of Appropriation Account(Based on services voted by Parliament)

The statement does not show actual expenditure incurred on each item.

This makes comparison of approved estimates against actual expenditure,

by item, impossible.

I advised the Accounting officer to amend the accounts and include the

figures to facilitate trend analysis

64.6 Unauthorised use of NTR

Examination of accounts revealed that the mission collected NTR totalling

Shs.27,819,449. The following observations were made:

NTR returns for the period March-June 2007 were not provided for audit.

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There were no acknowledgement receipts from treasury to confirm that the

funds were actually remitted to the consolidated fund.

During inspection it was noted that Shs.5,888,016 (Le 18,993.6) was

transferred from NTR collection account to a Local Expenditure account and

subsequently spent without authority. Furthermore, although the

statement of arrears of revenue reflects an amount of Shs.20,400 as due to

the UCF, actual amounts due should have been Shs.7,989,714.

I advised the Accounting officer to provide all NTR returns for the whole

period, acknowledgement receipts for the funds remitted to the Treasury,

recovering all funds utilised at source without authority, and also address

the variances noted above.

64.7 Staff Without Valid Contracts

Two Home Based Officers employed at the Embassy lacked valid

employment contracts. One had his contract expired on 2nd August 2007

and the other on 30th September, 2007. Accordingly Shs.71,819,254 (US

$.41,755.38) paid to them in form of Salary, Foreign service allowances and

representative allowances up to the time of audit was irregular.

Officer When contract expired Amounts Involved

Mr Migadde Lubulwa

2/8/2007 US$ 14,249.08

Mr Arthur Katsigazi 30/9/2006 US $ 27,506.30

Total US $ 41,755.38

I advised the Accounting Officer to ensure that the officers Contracts are

regularized

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64.8 Repair Of The Mission Vehicle

The Mercedes Benz E 280 LL belonging to the embassy was involved in an

accident with a lorry belonging to Cairo Transport Company (CTC).

According to records seen, the accident was caused by the fault of the CTC

driver who should in this case have been held responsible for the repairs.

Subsequently the embassy paid Shs.5,456,100 ( Le 18,187.00) towards the

repair of the vehicle which should have been met by CTC if management

had followed up the case with the relevant authorities.

In a related development all the embassy Vehicles were not insured. This

perhaps explains the reason why management did not pursue the matter

further.

I advised the Accounting officer to ensure that all the embassy vehicles are

insured to avoid such losses to Government and also to recover the funds

incurred on the repairs from the Transport Company.

64.9 Irregular Payment Of Children Allowances

A sum of Shs.30,450,192( US $ 17,703.6 ) was paid to two officers towards

their entitlements upon arrival at the new station. Included is

Shs.5,325,120 ( Us $ 3,096) in respect of Children Allowance for 6 children

whose age is in excess of 15 years limit permissible by the Standing Orders

This expenditure was irregular and is considered recoverable.

I advised the Accounting officer to have the US $ 3,096 recovered from the

concerned officers.

64.10 Overpayment Of Baggage Allowances

Contrary to Standing Orders which entitle an officer to 50 Kg worth of

baggage charges per family (by Air) on return from a Mission to Uganda, an

officer was paid Shs.1,485,000 (Le 4,950) in respect of Airlifting 174 Kg of

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his baggage which exceeded the 50 kgs baggage weight by 124 kgs. In

the circumstances, funds paid for the excess baggage to the officer is

irregular and recoverable.

I advised the Accounting officer to recover all the funds paid in excess.

64.11 Mobile phone bills

Contrary to standing orders which entitle Foreign Service officers who have

official telephones at their residences to two thirds of the cost of un-timed

calls, a total of Shs.6,259,821( Le 20,192.97) was paid out in refunds for

expenses incurred on officers personal mobile phones without deducting

one third of the their contribution amounting to Shs.2,086,610( Le 6,731).

Besides, the regulations only provide for “official telephones” not mobiles

phones.

I advised management that the officers’ contribution should be recovered

and that Mobile phones are prone to misuse and hence a limit should be set

as to the monthly entitlement.

65.0 ADDIS ABABA MISSION

65.1 Penalty on delayed payments

This issue was mentioned in my three previous reports for financial years

2003/2004, 2004/2005 and 2005/2006 under paragraphs 53.7, 57.11 and

57.3 respectively. During the year under review a total of Ethiopian Birr

1,089,963 (approx. US $125,796) was paid to R.H.A Housing Adm.

Department in respect of rent arrears for the Chancery building for the

period February 2004 to September 2006. Included in the payments was

Ethiopian Birr 181,652 (US $20,965) in respect of penalty charges incurred

due to late payment. This expenditure is considered wasteful, as the

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Mission would have avoided it had it paid on time as per the tenancy

agreement.

As stated in my previous reports, I recommend that the Accounting Officer

liaises with the relevant authorities to ensure that sufficient funds are made

available to enable prompt rent payments and elimination of this wastage.

65.2 Circumvention of Public Procurement Regulations

The Mission received capital development funds some of which were

applied on procurement of goods and services equivalent to

Shs.47,908,943. However, contrary to procurement regulations there were

no contract committee in place and procurement plans. Consequently the

Mission opted for “off-the-street” purchases and securing street vendors’

receipts to support the payments.

In a related development an old Mercedes Benz and a utility car (Nissan)

were disposed of at Birr 31150 and 30,000 respectively. However, there

was no evidence that the disposal regulations were complied with.

The Accounting Officer explained that procurement and disposal regulations

are difficult to implement in the Mission and that the matter is being

handled by the Ministry of Foreign Affairs and the PPDA.

I informed the Accounting Officer that the practice is illegal and should be

discouraged until the PPDA comes up with the amended regulations and

guidelines.

65.3 NTR collections.

Examination of NTR returns revealed that the mission collected revenue

totalling Shs.87,105,005. The following observations were made:

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(a) Cash Survey A cash survey held on NTR on 22nd October 2007 at 3.15 pm revealed a

shortage of Birr17, 755.37 and US$14.

I advised the Accounting officer to make good the shortage. I further

recommend that an officer be appointed as a cashier with a prescribed cash

limit approved by the Accountant General.

(b) Contrary to regulations that require NTR to be collected and remitted

intact to Bank of Uganda, the mission utilises the NTR at source, which is

later repaid to Bank of Uganda using the remittances (RBCs).

The Accounting officer explained that due to local banking regulations, the

Mission couldn’t open a separate bank account for NTR from which

remittances to Bank of Uganda can be made. Therefore, collections are

kept in a safe with the Accounting Officer and utilised by her. Since the

Accounting Officer keeps and approves use of the NTR there is risk of

temptation and probably this scenario could have caused the shortage

mentioned above. As advised above, a cashier be designated and

appointed in consultation with the Accountant General who will recommend

the cash limits and proper procedures of managing the cash. Meanwhile,

the Ministry of Finance, Planning and Economic Development be requested

to approve utilisation of NTR in the Mission budget which should be

deducted from the Mission RBCs.

(c) Unused Single Entry Visa Stickers of US$30

Thirteen books of the above visa stickers had not been used when the

US$50 stickers replaced them. They were: -

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Serial Number Number of Books

319701-319950 5 books

320551-320650 2 books

320901-320950 1 book

354351-354600 5 books

Meanwhile, the stock of the new US$50 stickers were used up with

only eight leaves remaining. The Mission was contemplating to use

the old ones of US$30 that had been discontinued by the Ministry of

Internal Affairs.

I advised the Accounting Officer to requisition for the appropriate

stickers and also consult the Ministry of Internal Affairs on how the

old ones were to be disposed of otherwise they risk being misused.

65.4 Internal Controls

Generally the internal controls were poor as shown below:

• Duplicate Copies of Returns

The existing accountability arrangement requires that the original copies

of the monthly accounts returns are submitted for audit while duplicate

copies are retained by the Mission. It was observed that in some

instances original supporting documents to the expenditure vouchers

especially in respect of utilities were retained by the Mission.

I advised the Accounting Officer to seek guidance on the correct system

of account returns to avoid future confusion.

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• Over Expenditure on Allowances and Telecommunication

A review of the vote book for 2007/2008 revealed over expenditure as

at 24th September 2007 on Item 211103 (Allowances) of US$533.21

and Item 222001 (Telecommunication) of US$502.83.

I advised the Accounting officer to put in place a mechanism to control

allowances and telecommunication by requiring officers to justify trips

made and render back to office reports. In case of telecommunication

registers to record authorised faxes and telephones.

• Payees’ Signature

It was further observed that most expenditure vouchers do not bear

signatures of receivers of cash/cheques acknowledging receipt of their

payment casting doubt as to whether the money was actually received

by the rightful beneficiaries.

I advised the Accounting Officer to ensure that payees sign on the

vouchers as they receive their cash/cheques in compliance with

Government regulations.

I urged the Accounting officer to improve on the control environment

and also ensure strict adherence to Government regulations.

65.5 Board of survey

The Board of Survey report on cash for the financial year 2006/2007

revealed the following: -

(a) Local Account No. 01705/171270/00

Cash on hand Birr 75,223.70

Bank balance 13,531.75

88,755.45

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Having cash on hand of Birr75,223.70 equivalent to Shs.14,717,680

at any one time is excessive cash which is risky and tempting.

I recommend that the Accountant General be contacted to prescribe

a cash limit for the cashier. In any case these unspent balances

should have reverted to the Uganda Consolidated Fund in

accordance with the Public Finance and Accountability Act 2003.

(b) US Dollar Account No. 2702/170083/00

The unutilized bank balance on this account amounted to

US$122,556.07. This amount has not been repaid to the

Consolidated Fund as required by the law.

The Accounting officer explained that these amounts were balances

released by the Ministry of Finance to clear domestic arrears of the

Mission and that the she was contemplating seeking authority from

the Ministry of Finance to reallocate the money for other needs of

the Mission.

I advised the Accounting Officer that it was wrong for the Ministry of

Finance to release funds over and above the domestic arrears

requirements as this implies that the domestic arrears budget was

not properly co-ordinated and the funds should revert to the

Consolidated Fund as their authority lapsed.

65.6 Unaccounted for funds

Examination of accounts revealed that a total of Shs.15,307,011 was

advanced to some mission staff for various reasons. The following

observations were made:

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• Personal Advance

A sum of Birr31,800 was paid to an officer as a personal advance.

However, at the time of inspection (22nd October 2007), there was a

balance of Birr5,545.90 (Shs.1,085,067) outstanding.

The officer promised to settle by October 2007. I urged the Accounting

officer to remind the officer and have the balance settled.

• A sum of Shs.14,221,944 was incurred on travel abroad. However, I

was not provided with the field reports made by the officers to confirm

that they actually made the trips.

I advised Accounting officer to obtain the reports from the officers

provide them for audit verification.

65.7 Personnel matters

A review of personal files revealed: -

• Head of Mission

According to appointment letter reference CP 64222 of 10th May 2006

the Head of Mission was appointed for duration of 36 months with effect

from 2nd August 2004 implying that her contract appointment expired in

July 2007. However, she had not obtained a new contract for the

period effective July 2007.

I advised the Accounting Officer to remind the Head of Mission to obtain

a valid contract appointment otherwise her monthly remuneration of

US$3,562.27 effective August 2007 was irregular.

• Locally Recruited Staff

Personal files of locally recruited staff were not up to date as some

lacked application letters for appointment, evidence of qualification,

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employee record card and photograph of identification and confirmation

letters.

I advised the Accounting Officer to ensure that files are updated.

• Implementation of the New Open Staff Performance Appraisal Forms

There was no evidence that the new open staff performance appraisal

system as required by Ministry of Public Service was in place. I urged

management to implement system.

65.8 Status of the mission properties

• Chancery

Condition

The chancery is being rented from a government agency known as the

Agency for Administration of Rented Properties at a monthly rate of

Birr6,781.04 since 1986. According to the available tenancy agreement

dated 8th December 1986, the lesser is required to maintain the

building. It appears however that it has not been maintained for a long

time to the extent that it has no flowing water in the taps and toilets,

the plumbing systems is old and blocked requiring fixing and its external

as well as internal appearance does not appeal.

The Accounting Officer explained that the Agency has been contacted to

remedy the situation but positive response has not been achieved. I

urged her to follow up the matter otherwise the image of the Mission is

at stake. Besides the tenancy agreement needed renewal.

• Old and Obsolete Furniture and Equipment

Two stores full of old and obsolete furniture and equipment were seen.

Furthermore according to the Board of Survey for the financial year

2006/2007, a Mercedes Benz model 1990 was recommended for a

board off.

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I have urged the Mission to obtain appropriate authorities from the

Permanent Secretary/Secretary to the Treasury to have the items

disposed and boarded off otherwise they risk further deterioration in

scrap value and they are occupying store space that can be put to other

use.

• Property Acquisition

The Mission spends Shs.199,633,000 (US$114,076 ) annually in respect

of rent of official residence, chancery and other residences. The Federal

Government of Ethiopia offered Missions plots for development.

Uganda was offered plot for development long ago but up to now no

development has taken place despite the Mission’s effort to raise the

matter with Ministry of Finance as well as Ministry of Foreign Affairs.

I urged the Mission to continue raising the matter with the two

Ministries and in other relevant forums for their appropriate intervention

so as to save the Mission rent obligations.

65.9 Mission Charter

The Embassy of Uganda in Addis Ababa is accredited to the Federal

Democratic Republic of Ethiopia, Djibouti and Yemen. It is also accredited

to the African Union, Un-Economic Commission for Africa and IGAD. The

Mission is charged with implementing its charter as follows: -

Ethiopia

Ensure that Uganda’s interests are fully reflected in the AU Peace Making

and Peace Building initiatives.

Ensure that Uganda’s interests are fully reflected in the ongoing AU

rationalisation of regional economic committees.

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Engage in and report on the formulation of AU position on major

international issues of direct interest to Uganda or which could affect

Uganda’s interests abroad.

Placement of Ugandans in influential senior and policy making positions in

the AU organs/subsidiary bodies of interest to Uganda.

Engage in AU initiatives aimed at addressing refugees problems in Africa

especially Rwandese, Sudanese and Congolese refugees and

Seek co-ordinated position with Ethiopia on matters relating to the Nile

River basin.

Djibouti Ensure that Uganda’s interests are fully reflected in the IGAD led Peace

Making and Peace Building Initiatives and engage in and report on the

formulation of IGAD position on major regional issues of direct interest to

Uganda or which could affect Uganda’s interests within the region.

I noted that the amount of work involved in accomplishing this charter is

enormous and needs to be carefully thought out and planned and yet I did

not see a strategic plan in place.

I advised management that the Mission based on its charter should prepare

a logical strategic plan, which spells out very well interalia, measurable and

realistic outputs. This strategic plan should be costed. The resulting

budget should then be used to solicit for budgetary funding. The

implementation of the strategic plan should then have a mechanism of

regular monitoring, evaluation and reporting.

65.10 Contributions in Arrears

It was reported by the Mission that the Uganda Government has

contributions in arrears totalling to US$4,314,376.67 in respect of IGAD

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1999-2006 (US$3,792,083) and African Union 6th September 2007

US$521,793.67.

I urged the Mission to continue informing the Ministries of Finance and

Foreign Affairs for their intervention to avoid any sanctions that non-

payment of contributions may attract.

66.0 BEIJING MISSION

66.1 Excess Expenditure

During the year under review, the Mission was granted authority by the

Permanent Secretary/Secretary to the Treasury to spend US$108,629 out of

the NTR collected at source so as to meet various out standing

commitments. However, the mission exceeded its approved budget by

Shs.148m which required supplementary approval which the mission did

not obtain.

I advised the Accounting Officer to seek for a supplementary approval for

the amount over spent

66.2 Domestic Arrears

No creditors’ ledger was maintained to keep track of several part payments

made due to insufficient funds available for this expenditure item. This

therefore made it very difficult to verify reliably the domestic arrears

balances of Shs.136,281,089 as indicated in the Statement of financial

position as at 30th June 2007.

Management is advised to maintain creditors’ ledgers to keep track of all

rent transactions.

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66.3 Book Keeping

It was observed that the Mission still uses the old payment vouchers and all

payments have continued to be authorized by the Ambassador rather than

the Accounting Officer contrary to the existing regulations. Besides, the

payment vouchers were not serially numbered neither were they stamped

“PAID” after payment was made as required by Treasury Accounting

Instructions, 2003.

Furthermore, payments from Imprest had no payment vouchers instead,

the Imprest holder recorded payments in a book. In addition, the Imprest

was operated without seeking the authority of the Accountant General. It

was also noted that rent payments constitute a significant percentage of

Mission expenditure.

Management should obtain authority to operate an Imprest from Treasury

and ensure that duly authorised payment vouchers are used to pay by the

Imprest holders. Paid Imprest vouchers should also be stamped “PAID” to

avoid the risk of recycling them.

In his response the Accounting officer explained that he had requested for

the proper vouchers from the treasury and also written to the Accountant

General for authority to operate an imprest.

66.4 Inventory

(a) Engravement of Mission Property and Equipment

In the chancery are very old curtains and other furniture bought in the

1970’s when the Mission was first opened. These were recommended for

boarding off by the Board of Survey carried out in 2000 but they have

never been disposed of. The furniture also requires urgent replacement.

Few items have been replaced in the official residence such as furniture for

the main sitting room, the conference room. However, there is need to

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replace curtains as well as the floor carpet for the main sitting room, and

furniture for the dinning room. This residence needs to be well furnished

to the required standard as it is used for official functions.

In his response the Accounting officer explained that arrangements are

being made to have the property engraved and that the embassy has

submitted a capital development budget proposal for the year 2008/09 to

replace the old items at the chancery as well as official residence.

(b) Condemned Vehicle

The Mission has one Mercedes Benz vehicle that was condemned by the

Chinese traffic authorities. This car has outlived its usefulness according to

the traffic authorities and is no longer roadworthy.

The Accounting Officer should seek for authority from the Permanent

Secretary/Secretary to the Treasury to have the vehicle disposed off.

67.0 OTTAWA MISSION

67.1 Unauthorized Expenditures

During the period under review, expenditure amounting to Shs.257,997,702

was incurred in excess of the appropriation on expenditure item goods and

services consumed. Against an the approved budget of Shs.340,066,000,

the mission spent Shs.598,063,702 thus leading to an unauthorized

expenditure of Shs.257,997,702.

In her explanation the Accounting Officer attributed the over expenditure to

poor funding of the Mission by the Treasury which forces the Mission to

utilize non-tax revenue to fund critical activities of the Mission.

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There is need for government to make a comprehensive review of the

Mission needs and budget for them accordingly. The unauthorized re-

allocations should be regularized in accordance with the law.

67.2 Payables

An amount of Shs.126, 460,542 was reported as payables for the year.

There was however no details to support the figures. I could not therefore,

confirm the balances.

Management was requested for the necessary supporting documentation

67.3 Unacknowledged remittance to the Treasury

US $15,370.59 remitted to Uganda Consolidated Fund account in July 2006

has not yet been acknowledged.

67.4 Incompletely vouched expenditure

US$6,000 transferred to the CND account for payment of urgent bills lacked

details.

67.5 Non-Tax Revenue (NTR)

The Embassy has two NTR accounts, one in US Dollars (US$) and the

second in Canadian Dollars (CND). Examination led to the following

observations.

(i) Remittance to the Treasury

In July 2006, the Mission remitted US$15,370.59 to Bank of Uganda as a

transfer to the consolidated fund. This amount has not been acknowledged

to date. It is also not clear as to which period the above amount relates.

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(ii) Under Banking

Similarly, an amount of CND 98,314 was collected and only CND 98,156

was banked. It was also noted that there was no remittance to the

Consolidated Fund from this account CND 62,892 was transferred to the

operations/expenditure account and subsequently spent at source. It is not

clear why the Mission maintains two accounts for NTR contrary to the

requirement to have all collections remitted promptly.

(iii) Incompletely vouched expenditure

US$6,000 was transferred to the CND account but the details and the

purpose for the transfer was not explained.

Management is requested to remit all the Non Tax revenue collected as per

Treasury regulations.

68.0 TOKYO MISSION 68.1 Excess Expenditure

Parliament approved a total expenditure of Shs.1,392,280,000. However,

the Mission spent Shs.1,401,099,752, leading to an over expenditure of

Shs.8,819,752, which lacked relevant authority. It was further, noted that

expenditure totalling shs.45,780,998 was re-allocated by management

without authority.

I have advised the Accounting Officer to regularize the expenditure in

accordance with the law.

68.2 Unaccounted for

Funds totalling JP yen 7,444,877 (US$ 62,561) advanced as office imprest

had not been retired. It was further noted that the mission operated the

imprest system without seeking for an imprest warrant from the Accountant

General contrary to financial regulations.

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The Accounting Officer should always apply for an annual imprest warrant

from Treasury. Imprests should also be replenished only after the previous

ones have been accounted for.

68.3 NTR Remittances

Of JP yen 98,695,137 collected; the mission remitted JP yen 93,568,180 to

the consolidated fund leaving a balance of JP yen 5,126,957 (US$ 42,725)

not remitted contrary to regulations. This balance appears to have been

utilized at source without authority. The amounts remitted were also not

supported with receipts from Treasury.

68.4 Nugatory Expenditure

It was noted that the mission continued to pay a monthly rental of 30,000

Yen (US$ 252) as parking fees for a vehicle that had been deregistered and

replaced. The vehicle was deregistered in January 2006 after it had

attained the threshold mileage of 100,000 KM, in line with the Japanese

traffic regulations. Although, the assessment by four (4) independent firms

had put the van at a realizable value of JP Yen 130,000 the mission had not

made any effort to get the vehicle disposed off.

I advised the accounting officer to dispose off the van so as to save the

government the unnecessary expenditure and further loss in value of the

asset.

68.5 Poor Bookkeeping

(i) Payment vouchers not marked “PAID”

It was observed that all payment vouchers and their supporting

documents were not stamped “Paid” contrary to para.178 of the

Treasury Accounting Instructions 2003.

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I reminded the Accounting Officer that all paid vouchers together

with their supporting documents should be stamped ‘PAID’ to avoid

the risk of duplication of payments.

(ii) Lack of Registers

There were no registers being maintained for the receipts and visa

stickers. I could therefore not confirm the stocks at hand at the time

of audit

Maintenance of registers facilitates proper reconciliations between

the receipts and issues and physical balances of Visa stickers.

(iii) Lack of Acknowledgement by Beneficiaries

Contrary to Treasury Accounting Instructions, payees did not append

their signatures on most of the payment vouchers acknowledging

receipt of their cash/cheques. This omission rendered the

expenditure doubtful as it was difficult to establish whether the

funds reached their respective rightful beneficiaries.

(iv) Inventory

It was noted that the inventory register was not up to date as at

30th June 2007 and that all purchases made in September and

October had not been recorded in the register.

68.6 Loss of a DVD Player

A review of the board of survey report showed that a DVD player acquired

in September 2007 at a cost equivalent to Shs.378,200 was missing. On

further inquiry, it was revealed that there was a break in at the chancery

during which the said item was stolen.

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The Accounting Officer was advised to notify the Accountant General about

the stolen DVD player as required by the sec 16(1) of the Public Finance

and Accountability Regulations, 2003.

68.7 Staffing

As pointed out last year, the mission is inadequately staffed .This has

resulted into the continued employment of the services of a local staff as

personal secretary to the ambassador a position which should have been

filled by a home based staff‘ administrative attaché given the sensitivity of

the post.

Efforts should be made to ensure that the post is filled by the right staff in

order to enhance confidentiality among others.

69.0 TRIPOLI MISSION

69.1 Inconsistencies in the Financial Statements

Note 10 to the financial statement and the cash flow statement show a sum

of Shs.341,880,034 as expenditure on goods and services consumed while

the statement of financial performance discloses Shs.316,710,716 on the

same item. The inconsistencies in these statements render the financial

statement misleading. Adjustments need to be made to correct the error.

69.2 Visa Register

I was not availed the visa register for the period July to December 2007. I

could therefore not confirm the non tax revenue from the visa sales for the

period.

69.3 Cash Survey

A Cash Survey on NTR and the operation account was held on 16th October

2007. A sum of US$630 was on hand in respect of NTR and agreed with

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the visa records while LYD 275.25 (€166) and €110 which was on hand in

respect of the operational account did not agree with the cash book.

I advised the Accounting Officer to investigate the excess of €266 on the

operational account. The Mission should also consult the Accountant

General for an appropriate cash limit to be held by the cashier.

69.4 Non Compliance with Procurement Law

Procurements totalling to €118,207.8 were made without following the

recommended PPDA procedures for bidding, evaluation and subsequent

award. The purchases therefore may not have guaranteed competitive

prices.

In his written response the Accounting Officer explained that the PPDA

regulations could not be adhered to due to the structure and economic

environment the mission operates in and that he had requested for a

waiver from the PPDA

69.5 Cash Payments

During examination of expenditure it was noted that apart from salaries

and allowances for home based staff, all mission expenditures are paid in

cash. These include purchases of office furniture and equipment, air

tickets, rent, utility bills etc. Cash payments in the month of June 2007

alone amounted to €46,000.

Keeping big amounts of cash at the Chancery is irregular and poses a risk

to government funds. The practice may also lead to temptations by the

cashier to misappropriate public funds.

69.6 Stores Requiring Board off

Two Mercedes Benzes registration number 3/60 and 4/60 models 1988 and

1992 require boarding off as they are old, expensive to maintain and they

are unnecessary since the Mission has procured a new Mercedes Benz that

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was expected to arrive in October 2007, and also has a sound Volvo car

serving as a utility vehicle.

Secondly, very many old stores including furniture and equipment were in a

store which is rented at LYD400 (Shs.52,636) per month.

I advised the Accounting Officer to consult the Secretary to the Treasury

and the PPDA for their appropriate disposal. Otherwise, the vehicles will

further deteriorate and rent being incurred at Shs.6, 283,636 annually on

obsolete stores is wasteful.

69.7 Mission Charter

Tripoli Mission was mandated under its Mission Charter to target a 20%

annual growth rate of investments from Libya in the areas of banking,

housing and ranching, a 50% annual increase in the number of exports to

the Libyan market and the fulfilment of the Libyan pledge of investing in a

coffee processing plant estimated at US$17m among others. However, I did

not see a detailed strategic plan of how the above charter will be achieved.

In his written replies, the accounting officer stated that the mission has in

place a strategic plan but however highlighted that its implementation may

be hampered by budgetary constraints.

69.8 Unused Visa Stickers

The Ministry of Internal Affairs revised visa fees from US$30 to US$50

single entry effective 2007/2008. However, by the time of announcement,

10 books of US$30 (serial No. 240051–240650) were still in stock unused.

The accounting officer in his explanation stated that he was seeking for

advice from the Ministry of Internal affairs. I await the outcome.

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69.9 Review of Personal Files

Incomplete files

A review of personal files revealed that personal some files for both home

based and the local staff were incomplete with documents like; contract

agreements, formal appointment letters, application for employment letters,

evidence of qualifications for jobs assigned and confirmation letters. A case

in point is the file of the former accounts assistant Ms. Katendwa Joy which

had no evidence of accounting knowledge.

It is recommended that the files be appropriately updated and employment

given proven competencies.

69.10 Non-Tax Revenue (NTR)

• Visa Registration Prior to January 2007

The above register was not availed for audit. I could therefore not

confirm the revenue for the period.

• NTR Collections and Remittances to Bank of Uganda

Between January and 16th October 2007, US$2,750 (Shs.4,950,000) was

collected as NTR in respect of Visa fees. Out of the above amount,

US$2,000 was remitted to the Bank of Uganda for the credit of the

Consolidated Fund on 6th March 2007, 26th June 2007 of US$1,100 and

US$900 respectively indicating that remittances are not regular.

I advised that after balancing and reconciling the visa register to the

cash book every month, the remittance to Bank of Uganda should be

similarly made regularly to avoid the likely temptation to use the NTR.

The Chancery Ownership

It was noted that the Libyan government gave the Uganda Government a

building to house the Chancery way back in the 1970. However,

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certification of title has never been obtained to date. Without the title

ownership of the buildings can be challenged.

I urged the Mission to follow up the matter so that title of ownership is

secured from the relevant authorities.

70.0 RIYADH MISSION

70.1 Payables

An amount of Shs.55, 123,070 was reported as payables for the year.

There was however no details to support the figure in the financial

statements.

Management was requested for the supporting documentation.

70.2 Excess Expenditure

With the approved budget of Shs.757,109,000, the mission spent

Shs.771,323,965 thus leading to an unauthorized expenditure of

Shs.14,214,965.

The excess expenditure needs to be regularised by way of supplementary

appropriation. Management should initiate the process accordingly.

71.0 COPENHAGEN MISSION

71.1 Unauthorised Expenditure Allocation

The Mission incurred an expenditure of Shs.61,966,841= in excess of the

approved budget without seeking approval from parliament. Against an

appropriation of U.Shs.1,409,454,337, the Mission spent Shs.1,347,487,496

leading to an over expenditure of U. Shs.61,966,841.

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In addition, Shs.211,846,296= was re-allocated to various expenditure

vote items without following the procedures prescribed in the regulations.

In a written reply the accounting officer explained that the funds were

reallocated due to the under funding on some critical items and that

attempts had been made to seek retrospective authority. I however

informed her that the practice is contrary to the regulations and advised

her to regularize the expenditure.

71.2 Understatement of Expenditure

Note 16 (other operating expenses) to the financial statements indicates

that a foreign exchange of U.Shs.13,894,858 was incurred. It was however

noted that the figure has not been disclosed in the financial statements. In

effect the expenditures have been understated by the loss and the Net

worth equally overstated.

71.3 Advances

Financial statements show a long-standing advance of Shs.1,679,793

against the Ministry of Foreign Affairs. It’s not clear why the money has

not been recovered after all this long.

71.4 Irregular Appointment of local staff

The appointing authority recommended in a letter PO/23 dated 28th July

2004 to appoint Mrs. Margaret Otteskor as a Trade Assistant/Officer under

local recruitment, based on her academic qualifications. However, she was

appointed Foreign Service Officer Grade V (U3 Scale) whereas she does not

possess the minimum qualification required for the post.

Besides although she was locally recruited from Copenhagen, the officer

was paid disturbance allowance contrary to the standing orders.

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I informed the Accounting Officer that the appointment of the officer to a

higher grade, and the payment of the disturbance allowance were contrary

to the regulations

71.5 Nugatory Expenditure

VIP shipping International Ltd, allegedly based in London, was paid Dkr

75,850 (US$ 13,600) to ship personal effects of one of the mission staff.

However, the goods were shipped and abandoned in Mombasa instead.

Another firm, Worldwide Shippers Ltd was contracted and paid Dkr

36,638.41 (US$ 6,496) to clear and transport the goods to Kampala.

Included in this cost was demurrage of Dkr 5,689.8 (US$ 1,016). In

addition another Dkr 1,689.45 (US$ 269) was paid to AIG for insurance

cover. Therefore the additional expenditure of DKr 38,327.86 (US$6,765)

was rendered nugatory. Further investigations revealed that VIP shipping

International does not exist.

In a written response the Accounting Officer explained that matter was

reported to the Police and the Royal Danish Ministry of Foreign Affairs and

that the mission lawyers were pursuing the company to recover the extra

money which the Mission had paid.

71.6 Staff Telephone Bills

A test check revealed that the mission paid for international calls of the

Administrative Attache’ totaling DKr 1,817.94 in contravention of standing

orders’ requirement to pay only 2/3 of all local telephone bills of home

based staff.

In her written response, the Accounting Officer promised to recover the

amount in question in full from the officer.

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71.7 Unspent Balances Irregularly Utilized

It was observed that at the end of the FY 2005/06 a cheque No. 9110859

was written for Dkr 100,050 (US$ 20,000) for the payment to the painter

although no painting had taken place. In July 2006 this cheque was

cancelled. The money which should have been returned to the consolidated

fund as unspent previous year’s balances was instead receipted as if it was

a release in the following financial year (2006/07) and subsequently spent

contrary to the regulations.

71.8 Renovation of Chancery

A total of Dkr 167,500 (US $31,018.51) was paid to M/s. Rodgivende

Ingeinor for the renovation of the cellar of the Chancery, staff kitchen and

hall. Inspection revealed that no work had started.

In his written reply, the Accounting Officer stated that although physical

renovation had not started by year end, the engineering workplan had

been completed. He further stated that a cheque was written to capture

this financial commitment but it was to be released to the contractor only

after the work had been completed.

71.9 Inventory Book

The Mission does not have a proper inventory book. Instead the

inventories are written on lists. In some cases like the reception, no

records were maintained and the temporary lists have a lot of anomalies

like shortages, non-recording, etc. I advised the Mission to open a proper

inventory for all premises either rented or owned.

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71.10 State of Government Assets

71.10.1Official Residence

The residence is located at Niesandrsensves 82 Gentofte. The basement

was damp and water was leaking through the walls from outside. The PVC

sheet of the roof needs replacement as well as the drainage system.

71.10.2The Chancery

This is located at Sofievcj1j Dk 2900 Hellerup. There was a sign of water

leakage in the toilet roof which houses an apartment occupied by the

Administrative attache’. There were cracks in the ceiling and electrical

wires in the basement need attention. The store walls need attention as

well. The basement upper foundation had cracks underneath.

72.0 NAIROBI MISSION 72.1 Un-authorised Excess Expenditure

An Analysis of The Statement of Appropriation Account (Based on nature of

expenditure for services) revealed that there was an over expenditure of

Shs.381,870,355 on various expenditure items during the year for which no

authority had been given to the Mission.

Details are shown below:-

Expenditure item Actual

expenditure Budget Excess

expenditure Medical 79,353,927 55,682,642 23,671,285Printing 35,249,777 31,834,838 3,414,939Banking Charges 5,264,092 2,100,156 3,163,936Telecommunications 57,873,369 60,648,936 2,775,567Rent 80,305,368 79,225,279 1,080,089Travel Inland 25,366,880 24,449,367 917,513Travel Abroad 32,194,706 30,511,820 1,682,886Maintenance 27,570,555 24,966,372 2,604,183Total 39,310,398

In the absence of such authority, the expenditure is deemed irregular.

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I advised the Mission to have the over expenditure regularised in

accordance with the Regulations.

72.2 Payables

Included in the accounts are payables of shs.210,935,207 relating to

outstanding commitments in respect of hospital bills, vehicles maintenance,

telephone arrears. However, I have not been provided with supporting

documents like such as invoices to enable me certify the balance.

Include in these outstanding commitments are telephone expenses which

were overspent by Shs.470,873,369 with much of this expenditure arising

from usage of private telephone lines rather than the official telephone

lines. The Mission appears not to have exercised good control over the use

of telephones.

72.3 East African Compensation Fund (EACF)

Records have revealed that the Mission operates a bank account

No.100354101 at Citi Bank (Kenya) to handle money from the defunct East

African Compensation Fund. On 30.06.07, the account had a credit balance

of shs.5,290,965 (K.Shs.211,638.60).

However, the year end cash balance of K.Shs.211,638.60 was not was not

disclosed in the Mission financial statements for the year 2006/07. The

movements were also not properly explained and disclosed.

72.4 Cash and Cash Equivalents

The Certificates of Bank balances and Bank reconciliation statements

provided to support the cash and cash equivalents figure of Shs.22,626,490

in the accounts do not add up. I cannot therefore confirm that the

balances are fairly stated on these accounts.

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72.5 Advances not Recovered

A total of shs.42, 441,035 advanced to various officers remained un-

accounted for by the end of the financial year contrary to regulations.

I advised that all money advanced to officers should be followed up for

accountability or be recovered in accordance with the Regulations.

72.6 Medical Expenses

The Mission subscribes to Nairobi Hospital (NH) for medical and dental

treatment and hospitalization of staff as is required by the Foreign Service

Standing Orders. However, instead of using NH facilities, staff tendered

reimbursement claims purporting to have obtained treatment from other

private clinics and private Doctors.

During the period under review, funds reimbursed in this manner amounted

to Shs.18,062,050 (K.Shs.722,482). The validity of these claims needs to

be properly explained.

72.7 Renovation of the Ambassador’s Residence

A Local Kenyan firm was contracted to ‘Redecorate the Ambassador’s

residence for a contract sum of shs.12,500,000 (K.Shs.500,000). Whereas

an advance of Shs.9,500,000 (K.Shs.380,000) was initially made to the

firm ,works valued at only shs.4,056,000 (K.Shs.162,240) had been

completed and yet there was no evidence of ongoing contract works.

During the audit inspection carried out in November 2007 the Accounting

Officer admitted in an interview that the contractor had indeed abandoned

the works.

The Mission is likely to suffer a financial loss of Shs.8,444,000

(K.Shs.337,760) being the value of the uncompleted works.

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72.8 Replacement of Existing Two Passenger lifts in Uganda House

In 2004, the Mission undertook to replace the existing lift equipment by

entering into a contract with a Kenyan firm for supplying and installing

two(2) new eight (8) passenger lifts for a contract price of Shs.151,023,125

(KShs.6,040,925). The life expectancy of the two (2) new lifts was quoted

at 30 years. The supplier was paid Shs.146,933,800(K.Shs.5,877,325) of

the contract price with only Shs.4,090,000 (K.Shs.163,600) remaining

outstanding.

Although the new lifts with a stated life expectancy of 30 years were

installed, they did not function as anticipated, and one of them is not

functioning at all. According to a ‘Technical Survey’ commissioned by the

Embassy, several construction items are still outstanding and some of them

are a potential occupational hazard to passengers travelling in these lifts.

The ambassador stated that this matter has been handed over to lawyers

for litigation. The progress on the litigation process is still awaited.

72.9 Outstanding Non-Tax Revenue (NTR)

A total of Shs.804,506,372 was collected in respect of rental income, from

tenants on the Uganda House. However, records submitted for audit

indicate that shs.66,712,825 (K.shs.2,668,513) remained outstanding as at

30.06.07. Efforts by the Kenyan property consultants firm, contracted to

collect the rent have not yet been fruitful in having these arrears recovered.

The Accounting Officer explained that 13 cases were in court and the other

three (3) had been forwarded to the Auctioneers for necessary recovery

action. I await the outcome of this effort.

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72.10 Non Payment of Salary and Foreign Service Allowances and Resettlement of an Officer

A new Foreign service officer posted to the Nairobi Mission did not have his

house rent paid by the Mission since November 2007 at a rate of

Ug.Shs.1,012,500 per month. Due to the Mission’s failure to also furnish his

house, the officer continued staying in a hotel at a cost of Shs.131,125 per

day. The total of Shs.2,229,125 spent by the Mission in this manner is

considered nugatory expenditure.

In addition, the Mission had not paid the new Officer’s entitlement of Salary

and Foreign service allowances totalling Shs.6,841,242, frustrating his need

to settle his family.

73.0 DAR ES SALAAM MISSION 73.1 Un-banked Revenue

A total amount of TZShs.162,000 and US$ 550 collected as revenue at the

mission was found not banked contrary to regulations. The Accounting

Officer explained that the amount was diverted to meet other mission

expenses.

73.2 Temporary Travel Documents

The mission issues Temporary travel documents following application using

a serially numbered form A at a cost of TZ Shs.6,000 each. However due to

a shortage, Form A’s were photocopied, and one serial number was used

by many applicants. This is a control weakness that could be abused to

cause financial loss. The Mission accounting officer stated that she had not

been aware of serially numbered forms issued by the Ministry of Internal

Affairs.

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73.3 Excess Expenditure The mission incurred expenditure amounting to Shs.98,004,145 over and

above the approved budget estimates without required authority. I have

advised that authority be obtained to regularise this expenditure.

73.4 Salaries of Local Based Staff

Total salaries and allowances paid to local staff, including Drivers, cleaners

gardeners and security guards at the Mission increased from TZ

Shs.3,512,00 to TZ Shs.4,827,000 per month since May 2007.

However it was noted that:- • The Salaries are not tagged to any salary scales and lack criteria in

fixing.

• Employees do not have service contracts and there are no defined terms

and conditions of service.

• One staff employed as a house keeper is paid a monthly salary of US$

450 but does not have an appointment letter, and has no personal file

kept at the mission. The terms of his engagement are not clear.

The Accounting Officer stated that consultations were being made to

finalize salary scale structures and terms of service.

73.5 Land and Buildings

The mission owns three properties which were obtained from government

of Tanzania in exchange for properties given to Tanzania government in

Kampala.

• However, as stated in my previous report (2004/05) no copies of titles

were availed to confirm that the Uganda government owns these

properties, or that the transfers were properly completed.

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• The buildings were found completely dilapidated and in the absence of

releases for the development budget , the Mission had to divert part of

staff benefits in order to cater for reconstruction of the building.

I advised that this capital development expenditure be regularized with the

Ministry of Finance.

The Accounting Officer in his response, stated that delay in obtaining land

titles was because the Government of Uganda had been slow in processing

titles to land given to Tanzania government in the swap deal.

73.6 Offloading of Expenditure by Ministry of Foreign Affairs

• Inadequate budget on transfer related costs

A total of US$69,038.8 was incurred by the mission in respect of

reporting and departing Foreign Service Officers’ allowances (Clothing,

disturbance and settlement allowances) and transport. It was however

noted that, allowances for staff transferred to the mission, ordinarily

paid from the Ministry of Foreign Affairs budget were pushed to the

Mission without a corresponding increase in the budget release. As a

result other activities were curtailed in order to make savings for such

payments.

• Courier services

The mission receives Diplomatic bags from the Ministries of Internal

Affairs and Foreign Affairs through DHL. However, the mission pays

courier expenses for diplomatic bags received (not budgeted for) in

addition to paying for the cost of their own diplomatic bags sent to

Ministries. This affects the budget performance of other items.

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73.7 Education Account The Ministry of education remits funds for allowances and transport of

Ugandan students studying in Tanzania, who are required to physically sign

for them. However scrutiny of the payment records revealed that 10(ten)

students had consistently not signed for four allowances totalling US$3,900,

casting doubts over their physical existence.

The Accounting Officer in her response stated that the Ministry of Education

was informed of absentee students together with the accumulated

allowances but advised the Mission to utilise the funds to pay students who

had been left out of the October, 2007 release.

74.0 ABUJA MISSION

74.1 NTR Remittances

Non Tax Revenue totalling ₦ 673,350 equivalent to Shs.52,063,236 was

collected and purportedly remitted to Bank of Uganda for the credit of the

consolidated fund. However Treasury acknowledged receipt of

Shs.18,395,969 leaving a balance of Shs.33,667,267 unacknowledged. I

could therefore not confirm whether the funds were received by the

Treasury.

In a written reply, the Accounting Officer attributed the delays to the Bank

of Uganda and Treasury for issuing and sending acknowledgement receipt

of the funds remitted to the mission.

74.2 Circumvention of the Procurement Regulations

A test check revealed that a sum of ₦ 12,197.50 (Shs.172,872,882) was

spent to purchase a representation car and to renovated the official

residence. However, although the amount involved was substantial, the

mission did not follow the prescribed procurement procedures contained in

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the Public Procurement and Disposal of Assets Act and Regulations contrary

to the procurement procedures without a waiver from the PPDA.

In his written response, the Accounting Officer acknowledged the omission

and stated the Authority had released fresh guidelines for Missions on

Procurement Procedures that will be followed in future.

74.3 Undeveloped Plot

The mission has an undeveloped sizeable plot, strategically located, which

was obtained in 1994. During inspections it was revealed that the local

authorities had threatened to revoke the allocation if the plot remained

undeveloped by December 2009. The mission spends 6.5m Naira (U

Shs.92,125,984) annually on rent for the chancery and residences which

amount could be saved if the plot was developed for the chancery and

other residences.

In his written response, the Accounting Officer stated that the mission has

captured the development of the Plot in the financial years 2008/09-

2010/11.

74.4 Payables

The mission reported long outstanding telephone bills payable to the now

privatized Nigerian Telecommunication Ltd totalling ₦ 2,753,110.22. The

new management of the Company, in a drive to recover the monies,

engaged lawyers to handle the issue on their behalf. The mission may be

faced with litigation and the associated costs if the matter is not addressed

promptly.

I urged the mission to continue soliciting for funds from the Ministry of

Finance to settle these bills and save the mission from an eminent

embarrassing situation.

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In his response, the Accounting Officer indicated that consultations are

being made with the Ministry of Finance to ensure that the bills are paid.

74.5 Mission Charter

The Abuja Mission was mandated under its Mission Charter to target a 30%

increase in Nigeria investment in Uganda, 20% growth of exports to Nigeria

and strengthen inter institutional cooperation between the Uganda and

Nigeria, among others. The report on the implementation of the mission’s

charter was last made in December 2006. However, I did not see a detailed

strategic plan or corporate plan to guide the accomplishment of the charter.

I recommended that the mission should prepare a strategic plan with clear

time frames and measurable outputs to ensure achievement of the

mission’s objectives.

74.6 Official Residences

By time of inspection, some renovation work had started on the official

residence whose roof walls were leaking, had started peeling off and also

developing cracks. The furniture and equipments were as well in a sorry

state and required replacement to give the official residence the status it

deserves.

In his written response, the Accounting Officer emphasized the need for

major renovations but the mission was constrained by the lack of funding.

He promised that some equipment, furniture and furnishing will be done in

the next budget.

74.7 Nigeria Loan to Uganda

It was noted from the bilateral co-operation files that the Government of

the Federal Republic of Nigeria extended US $ 9.0 millions in 1992 to the

Government of Uganda repayable in 16 equal installments effective 1995. It

bore interest of US $ 2,413,972.10 up to 30th January, 2003 when it was to

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be finally repaid. The purpose of the loan was to establish a pharmaceutical

factory as well as an enterprise for manufacturing hardware products. The

loan has never been repaid, (2007).

I asked the mission to get an update from the Ministry of Finance regarding

the utilization of the loan and requested that it be booked in the stock of

Public debt with the view of repayment.

75.0 BRUSSELS MISSION

75.1 Excess Expenditure

The Embassy incurred an excess expenditure of the amount appropriated

for it by Shs.196,182,775 on various items shown below. Excess

expenditure is an indication of lack of budgetary controls.

I have advised the Accounting Officer to seek for retrospective authority for

the excess expenditure.

Item Actual Budget Variance

Goods and Services 465,314,039 416,936,000 48,378,039

Consumption of

property, plant and

equipments

227,804,736 80,000,000 147,804,736

Total 693,118,775 496,936,000 196,182,775

75.2 Non-Tax Revenue (NTR) Collections

NTR returns for the period under review revealed that the Mission collected

a total of €75,749 from the issue of visas and sale of passports.

The following observations were made: -

• There were no remittance advice slips and acknowledgement

receipts provided to confirm remittances of €67,000 to the Treasury.

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• No counterfoils of used visa stickers were provided to enable me

reconcile the reported collections.

The remittance advice slips and acknowledgement receipts for funds

remitted to Treasury and visa stickers should be provided for audit.

75.3 Rent

A total of €65,542.42 was paid to various landlords as rent for the

accommodation of home-based staff.

However, the payments were not supported by tenancy agreements and

acknowledgement receipts to enable me confirm their authenticity.

I have requested the Accounting Officer to avail the tenancy agreements

together with the acknowledgement receipts for audit.

75.4 Staff Salaries

A total of €105,300 and €139,168.31 was paid to local staff and home-

based staff respectively as their monthly emoluments. However, the

payees did not sign for the payments as proof of receipt of funds.

I have advised the Accounting Officer to ensure that all staff sign for any

money they receive as proof of receipt of funds.

75.5 Unauthorised Transfer

The Mission made unauthorised l transfers of funds from visa accounts to

operational account 310-0216600-85. The details are below: -

Date Payees Amount €

2/4/07 A/C 310-0216600-85 20,000.00

24/4/07 A/C 310-0216600-85 21,000.00

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19/10/06 A/C 310-0216600-85 10,000.00

10/5/07 A/C 310-0216600-85 21,000.00

TOTAL 72,000.00

There were also numerous verbal transfers from the operational bank

account to various individuals. Such verbal communications to banks are

prone to abuse and can lead to fraud by unscrupulous personnel.

I have urged Management to desist from such practice.

75.6 Chancery Renovations

A total of €77,236.82 was incurred in respect of renovations of the

Chancery. The renovations included Roof works and Ground floor tile work

done at a cost of €73,976.25 by a local firm WvD Dak & Gevelteniek. The

balance of € 3,260.57 was used to paint the reception & Exterior of the

Chancery. The following observations were made: -

• All the transactions appear not to have been handled by the Mission’s

contracts committee as there were no minutes or any other

correspondences provided for audit. It is not clear how the companies

which did the work were sourced, evaluated and finally awarded

contracts.

• It is not clear whether works were completed or not since no inspection

or certificate of completion was availed for audit. I could not confirm the

quality of the work.

• Although Capital development releases were only Shs

80,000,000(approx€35,000), the mission used €77,236.82 for capital

expenditure. The source of the extra funding is not known.

Management is required to avail details of source of funding, procurement

procedures followed and evidence of completion.

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75.7 Audit Inspection Report

75.7.1 Cash Survey

A total of €250 was found on hand on 27th August 2007 in respect of Visa

(€150) and Imprest (€100). These could not be balanced effectively as the

visa register was written up to 21st August 2007 and no Imprest ledger is in

use. Regulations require cash books to be written and checked on daily

basis.

I recommend that the Accounting Officer strengthens procedures of

monitoring operations

75.7.2 Overpayment of Salary/Foreign Service Allowance

Although the exchange rate of the dollar to the Euro is 1 Euro equivalent to

US$1.29, the Mission pays salaries and Foreign Service Allowances at the

rate of 1 Euro equal to 1 dollar thus overpaying the salary/Foreign Service

Allowance by 29%. The overpayment per month total to €4,213.59 as

detailed in Appendix ‘A’ to this report.

The Accounting Officer should have the excess payments recovered from

beneficiaries and in future put exchange rates into consideration to avoid

exchange rate gains going to staff.

75.7.3 Salary Advance

Salary advance is routinely given. In some instances, these are recovered

in one lump sum but in others in four instalments. Contrary to regulations,

no advances ledger is maintained. Total advances given and recoveries

made could therefore not be verified.

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Authority to pay salary advances should be sought. Procedures to recover

and to record salary advances should follow laid down regulations.

75.7.4 Payment of Utility Bills

The Mission does not recover personal share on telephone and heating

charges from the two Deputy Heads of Mission. According to Standing

Orders, it is only the official residence which enjoys these privileges. The

authority which was produced signed by the Head of personnel on behalf of

the Permanent Secretary had been cancelled by the then Permanent

Secretary.

Management is advised to stop henceforth extending these benefits to the

two deputy heads as it is a violation of standing orders.

75.7.5 Warm Clothing/Climatic Clothing Allowance

The Mission pays climatic allowance of US$500 as well as warm clothing

allowance of US$300. This is a double payment as the latter is for other

public officers not Foreign Service Officers. Standing Orders allow Foreign

Service Officers to be paid only climatic allowance.

I have observed continued disregard of regulations an indication of weak

management controls. It is recommended that Accounting Officer recovers

the double payments made to Foreign Service officers.

75.7.6 Baggage Allowance

Three officers claimed baggage allowance totalling €636 as follows: -

Name Exp. Voucher Amount (€)

1. Mrs. A. Kyeyune 44/6/07 212

2. Mrs. Z. Mayanja 45/6/07 212

3. Mr. R. Byereta 46/6/07 212

Total 636

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However, receipts or airline coupons were not attached thus making the

payment unsupported. Supporting documents should be availed for

verification.

75.7.7 Shared Costs

A total of €2,197.60 (EV 61/6/07) was paid to Savalamos Diamntepoulou

being shared costs of water, hot water, heating, and electricity for the flat

occupied by the Administrative Attaché. No evidence was produced to

show that these costs were indeed originally billed by the various service

providers. 20% was not recovered from the Administrative Attaché as her

personal share for heating and 100% for lighting.

Original bills to support costs of water, heating and electricity should be

availed for verification. The Administrative Attaché should complete

payment of her 20% share.

75.7.8 Medical Treatment

A sum of €7,000 was deposited with Foldi Clinic Germany (EV 20/7/07) for

the treatment of Ambassador Acema. Documentation relating to final bill or

any possible refund from the Medical Insurance was not availed.

The Accounting Officer should endeavour to avail the necessary

documentation for verification.

75.7.9 Property Rate

A total of €247.50 was paid to Gemeente Wassernaor as property rate for

property situated at Fresiaplean 14 2241 xs Wassenaer. This property does

not appear to belong to the Embassy.

An explanation is awaited from the Accounting Officer.

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75.7.10Extra Works

A total of €6,101.50 was paid to Gevetech for extra works without going

through proper procurement process. The work included placing of

waterproof tiles at the entrance and ground floor.

The Accounting Officer should explain why proper procurement procedures

were flouted.

75.8 General Administrative weaknesses

(i) Counterfoil Register

Although a record is maintained on the computer, it does not conform to

the prescribed format in that it does not show the name of the person to

whom counterfoils have been issued to neither do the recipients sign for

them.

(ii) Inventory Book

The Mission does not maintain an inventory book on the prescribed format.

It only maintains lists which it keeps on changing. A verification of those

lists showed a number of anomalies like shortages, non-recording of items,

etc. at the official residence, the Chancery and the residence of the

Minister/Accounting Officer and the Administrative Attaché. Please obtain

and maintain a proper inventory book.

(iii) Safes

There are two safes but one was not opened during audit. It was

explained that it does not work. It is recommended that this safe should

be boarded off.

75.9 Assets

(i) Vehicles

The Mission owns three vehicles: -

• Volvo

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• Lexus 300 GS

• Mercedes Benz E200 (R)

No log sheets for the movement of vehicles were produced for audit. I

could therefore not verify their movement and fuel use.

(ii) Structures

The Mission owns 3 buildings in Brussels: -

• Official Residence – Clos des Lauriers 35 – 1150

This building is located in a prime area and it used to be in a

magnificent shape. It has now been condemned as the roof has caved

in and plumbing and electrical wiring are all rotten. The building is

vandalised and all windows and door glasses have been broken.

• Temporary Official Residence –

Maurice Despnet 22 1933 Sternebeck

The building is in a generally good shape. However, it was noted that

the garage doors are not shutting properly, the sewerage pipe from a

toilet is blocked and the heater is not fully operational. The worst part is

the leakage through the walls up to the ground floor.

• The Chancery – Avenue de Tervunen 317 1150 – Brussels

Although the roof was repaired at a cost of €75,000, ceilings are in a

bad shape. I was informed that the support of the roof is weak which

may lead to the roof to collapse once again. The basement is in bad

shape as cement on the supports are all cracked and the walls are

stained.

All the walls in the Accountant’s office, Driver’s office, Tourist office and

toilets are stained and tiles and/or wall papers in a bad shape. Front and

toilet doors do not shut properly. In the Third Secretary’s office

windows do not close. A number of window glasses are broken.

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Immediate attention should be paid to this.

76.0 ROME MISSION

76.1 Absence of Contracts Commitees

PPDA regulations provide for contracts committee in all procuring and

disposal entities with an independent vote, such as the Embassy. The

embassy, however, does not have a properly constituted contracts

committee and there was no evidence that the committees were ever

nominated and approved in accordance with the provision of the

Procurement Act.

76.2 Transfers received from Treasury

A schedule of releases from the treasury indicates that Shs.1,734,589,417

was released for recurrent expenditure and Shs83,701,000 as

supplementary making a total of Shs1,818,290.,417. However, the

accounts reported Shs.1,949,293,965 as received in the statement of

Financial performance.

I asked the Accounting Officer to provide further explanation of the

difference or else adjust the accounts.

76.3 Non Tax Revenue

A total of Shs52, 036,720 was recorded as revenue collections for the

period. However the collections could not be verified because NTR returns

for the last quarter were not submitted.

Furthermore, the Embassy incurred a shortage in NTR collections of

Shs.2,460,381.

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76.4 Cash and cash equivalents

There were no bank certificates to confirm the Cash and cash equivalents

of Shs.20,384,262 stated in the accounts.

76.5 Payables

Detailed information in form of a schedule to support payables amounting

to Shs.1,249,517,265 included in the accounts, was not provided. I could

not ascertain that these balances are fairly stated.

76.6 Statement of Appropriation Account (Based on nature of expenditure for services)

There was an over expenditure of Shs.631,866,92 during the year for which

no authority was sought by management.

Details are shown below:-

Item Budget Actual Variance Employee costs. 691,151,000 1,029,726,486 338,575,489 Goods And Services consumed

412,338,040 628,762,252 216,424,212

Property plant and Equipment

76,867,191 76,876,791

Total 631,866,892

In the absence of such authority, the expenditure is rendered irregular.

I advised the Embassy to regularise the expenditure in accordance with the

regulations.

76.7 Non – Remittance of Non-Tax Revenue

The embassy had collected NTR amounting to €20,359 largely from Visa

fees and passport renewals. However, all the NTR collected was utilized at

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source contrary to regulations that require an Accounting Officer to ensure

prompt collection and proper accounting for revenue.

Although the Accounting Officer explained that his budget was not

sufficient for the Embassy needs, there was no authority whether from

parliament or secretary to the Treasury for utilization of this NTR from

source. There was also no evidence that NTR collection amounting to

Shs.108,305,189 reported in the last year accounts was remitted to the

Treasury.

76.8 Recall of a Home Based Staff and Related relocation Costs

The audit inspection revealed that, an Officer whose tour of duty in Rome

expired in October 2006, irregularly continued working and drawing all his

allowances up to August 2007. The Ministry of Foreign Affairs directed the

Accounting Officer to meet the costs of the Officer’s relocation with the

shipping costs alone estimated at about €15,000.

Directives of this nature pressure the Embassies into unauthorized

expenditure because Embassies do not budget for relocation costs, a cost

which should be borne by the Ministry.

I recommended that The Ministry of Foreign affairs properly plans and

budgets for posting of officers.

76.9 Medical Refund

Foreign Service standing orders require that officers should register with a

National Health Service and where drugs prescribed are not provided free

through the National Health Scheme, the funds will be chargeable to the

mission budget. However the inspection revealed that officers at the

embassy who are not registered with the National Health Service provider

had been paid a total of €14,120.32 as refunds for medical expenses.

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In the absence of prescriptions to support the refund claims, I could not

rule out that the system is being abused by claiming refunds where no

actual expenses were incurred.

76.10 Rent A sum of Euros 199,926.71 was paid out to various landlords as rent for the

chancery and staff residences. However, I was not provided with translated

tenancy agreements to show the rental payable. Besides the payments are

not acknowledged as received by the payees, thus rendering them

doubtful.

I asked the Embassy to provide translated tenancy agreements and

acknowledgement receipts for the rental payments made.

76.11 Internal Control Weaknesses: Un-authorized Expenditure

An examination of a sample of payment vouchers relating to the

Agricultural Attaché’s office revealed that payments amounting to € 2606.3

in March 2007 and € 3493.98 in May were made without the authority of

the Embassy accounting officer.

The Embassy Accounting officer did not endorse on these vouchers to

confirm that the expenditure was incurred under the authority quoted, or

that the goods and services paid for were duly and properly delivered in

line with regulations. Expenditures of this nature is potentially fraudulent.

I recommended that all payment vouchers must be approved by the

appointed Embassy Accounting Officer as required.

76.12 Remittances to the Agricultural Attache

A semi autonomous office of Agricultural Attaché was established in July

2005 probably to promote Uganda’s agricultural products in Italy and the

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neighbouring countries and to encourage transfer of agricultural technology

from the region. The Headquarters of FAO are also in Rome.

Although the mandate of the Head of the mission ordinarily covers this

scope and the mandate of the accounting officer of the mission also covers

all resources in the mission, operationally the office of the Agricultural

attaché is detached from the normal Embassy operations.

During the financial year 2005/2006 Shs.221,740,650 was remitted directly

from the Ministry of agriculture and Shs143,000,000 was remitted in

2006/2007. These funds were not managed by the substantive Accounting

Officer and instead were accounted for by the Agricultural Attaché himself

directly to Ministry of Agriculture. The Embassy handles other technical

matters such as Tourism, Trade ,Health, Politics, Science and technology all

harmonized under the substantive Accounting Officer.

I recommended that measures be put in place to allow the Embassy

accounting control exercise some control over the funds remitted to the

Agricultural Attache.

76.13 Rent arrears owed to Zambian Government

The Uganda Embassy in Rome was at one time housed in the Zambian

government building under a tenancy agreement which ran from 1995 to

March 2004.The Monthly rental was fixed at US$7,812 (12,500,000 lira) in

1995 later translating to € 6,455.71 with the introduction of the Euro.

Correspondences between the Uganda and Zambia heads of Mission

suggest that the amount owed now stands at about €373,165.44 even after

a recent direct payment of €200,000 by the Government of Uganda.

There has been bitter exchanges between the two Embassies over amount

owing and the settlement of these arrears.

447

I advised that proper reconciliation of the amount due, paid and

outstanding should be done to resolve the problem that could affect the

diplomatic relations between the two countries.

77.0 JUBA MISSION 77.1 Incompletely Vouched Expenditure

Contrary to financial regulations, a total of US$4,802 paid to various

mission officers lacked appropriate supporting documents like loose

minutes, invoices, delivery notes and acknowledgement receipts.

I have requested that the Accounting Officer provides all supporting

documents for audit.

77.2 Payments without Contracts Committee Approval

The procurement law requires that all procurement proposals be approved

by the contracts committee. However, the Mission spent a total of

US$30,275 on purchase of laptops and a Nissan pick-up without following

the recommended procurement procedures.

There is no evidence that the procurement was approved, competed for,

evaluated and approved by the contracts committee. In the circumstances

I could not confirm that the Mission achieved value for money.

77.3 Non tax Revenue

The Mission reported in the accounts a total of Shs.39,707,751 as Non- Tax

Revenue collected for the period. Whereas remittance advice slips were

eventually provided for audit, no acknowledge receipts from Treasury were

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presented to confirm that the entire amount was remitted and received in

the Consolidated Fund.

I requested that acknowledge receipts from Treasury be provided for. 77.4 Misstatement of Comparative Balances in the Financial

Statements

There are two comparative balances restated in the current year accounts

which differ from the balances reflected in the audited accounts for

2005/2006 as detailed below.

Item 2005/2006 Accounts Balance

Audited Balance posted In current year Accounts.

Grants paid 0 9,869,272 Net cash inflows from operating activities

26,793,742 9,749,904

The Accounting Officer attributed the difference to changes in the financial

statements template. However the adjustments were not properly

explained.

77.5 Internal Control System

General internal control weaknesses observed at the mission included:-

• Claims were not supported by documents like requisitions, invoices

and demand notes as required by the Treasury Accounting

Instructions.

• Payments were made in cash rather than by crossed cheques.

• Payments for rent were not supported with tenancy agreements

while others were not acknowledged as received by the landlord.

• No cash books, ledgers or reconciliations were availed.

• Only photocopies of the Mission’s expenditure vouchers were

submitted for audit.

• Payments for travel were made to individuals instead of flight

company.

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78.0 KINSHASA MISSION 78.1 Submission Of Incomplete Account Returns

The following documents, which are part of the monthly account returns for

both recurrent expenditure and revenue collection, were not provided

making the returns submitted incomplete for audit. Details are: -

• Revenue Receipts

• Cash book – Expenditure

• Cash book – Revenue

• Expenditure Abstracts

• Bank Statements

• Cash Balance Certificate

• Bank Reconciliation Statement

• Monthly expenditure returns reflecting cumulative releases and

expenditures.

• Monthly revenue returns reflecting cumulative monthly collections

and remittances to Bank of Uganda.

In a related development account Returns for both recurrent and revenue

for the period January – June 2007 were not submitted for audit. This

renders the funds released for that period totalling Shs.600,539,618 un-

accounted for.

I advised the Accounting Officer to ensure that all the missing records and

account returns are submitted for audit.

78.2 Internal Controls

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Generally the Internal controls in place were inadequate as explained

below:

(a) Requisitions For Payment

I noted various expenditure vouchers prepared and paid without

supporting documents like loose minutes form the claimants and

requisitions.

I advised the Accounting Officer to ensure that all payments are

requisitioned and approved as required by regulations.

(b) Vouchers Not Stamped ‘Paid’

All the expenditure vouchers plus their supporting documents were

not stamped ‘Paid’ as required by Treasury Accounting Instructions.

This exposes the mission to the risk of double payment.

I urged the Accounting Officer to always stamp ‘paid’ on all the

expenditure vouchers together with the supporting documents to

mitigate against double payments.

(c) Official Stamp For Accounting Officer And Charge De Affairs

It was noted that the Mission does not have separate official stamps

for the Accounting Officer and the Charge de affairs, which could

have been used to stamp on the vouchers whenever the Accounting

officer’s signature is appended. This would be one way of

minimising signature forgeries.

I urged the Accounting Officer to make arrangements to buy official

stamps for his and Charge de affairs for official use.

78.3 Circumvention of procurement regulations

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The mission procured a computer at Shs.5,328,750(US$ 3,045) without

using competitive and transparent methods as provided in the PPDA Act

and regulations. At least three (3) quotations from different firms should

have been obtained, compared and evaluated with a view of obtaining the

most economical, efficient and effective services.

I further noted that the supporting invoices/receipts quoted an amount of

only US$ 2,373, thus an overpayment of US$ 672.

I advised the Accounting officer to always follow the procurement

regulations. I further recommend that the amount overpaid to the supplier

be recovered.

78.4 Unspent balances

According to the statement of financial position the mission had unspent

balances on the expenditure account of Shs.362,025,654 representing 48%

of the total transfers from the Treasury. This implies that there is either

over budgeting resulting into the mission being allocated too much funds,

which it cannot put to use or management is inefficient.

I urged the Accounting officer to justify the need for the excess funds. 78.5 Rent payments.

The Mission pays US $3,000 and US $4,000 per month for the

Ambassador’s residence and the Chancery respectively. Although the

Mission is allowed to pay three months in advance, by the end of the

financial year in June, 2007 the Mission had paid up to November 2007,

five (5) months in advance. It appears the Mission’s budget is overstated

to occasion such savings that has enabled upfront payment of 5 month’s

rent.

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79.0 GENEVA MISSION 79.1 Unauthorised expenditure

The mission incurred unauthorised excess expenditure of Shs.105,522,025

without authority as shown below:

Actual Expenditure

Budget Excess Expenditure

FSA 624,937,648 624,192,000 745,648Welfare & Entertainment 10,683,814 10,000,000 683,814Printing, Stationery, Photocopying and Binding

13,550,424 10,000,000 3,550,424

Telecommunications 32,847,795 10,000,000 22,847,795Insurances 12,409,750 4,999,999 7,409,751Travel inland 21,002,980 10,000,000 11,002,980Travel abroad 32,002,911 10,000,000 22,002,911Maintenance-vehicles 17,799,266 9,000,000 8,799,266Machinery & Equipment 48,479,436 20,000,000 28,479,436Total 105,522,025

Excess expenditure indicates breakdown of controls over budgetary

expenditure.

I recommend that all mission operations should be budgeted for and

approved by Parliament as required by the law and Government should

make a comprehensive review of the Mission operations with a view of

ensuring that the Mission is facilitated adequately to pursue its objectives.

79.2 Unexplained Receivables

Examination of accounts revealed that there were receivables of

Shs.41,166,639 in the statement of financial position which were not

properly explained. A review of the relevant explanatory note 21 referred to

only indicate that they were advances whose details were not provided for

audit.

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In his written reply the Accounting officer explained that the amount relates

to salary advances to staff and they have been fully recovered.

I recommend that as far as possible management should adhere to

Government regulations on advances. Meanwhile evidence of recovery of all

funds is awaited.

79.3 Overpayment of Allowances

During audit inspection it was noted that officials at Geneva Mission

awarded themselves payments outside the approved terms of service. For

instance, the Head of Mission was paid FSA of US$3,149 instead of

US$2,180 p.m. (total 17,442) and the Accounting Officer was paid

US$2,700 instead of US$1,776 p.m. (total 34,188). The total amount

overpaid to the six officials from the time they were posted to the Mission

to the time of audit inspection amounted to US$112,902, which is

recoverable because payments are contrary to their terms and conditions of

service and entitlements.

In his written submission, the Accounting officer explained that owing to

the high cost of living in Geneva the mission was authorised in 1996 by the

Permanent secretary Ministry of foreign affairs to pay the Geneva Mission

staff Foreign Service allowance based on the Tokyo rate with effect from

July 1, 1996. He also added that there was lack of proper coordination

within the Ministry of Foreign affairs which created the contradictions in the

letters spelling out the emoluments of officers posted to Geneva and what

was actually being paid from July 1, 1996.

I advised the Accounting officer to liase with the relevant authorities to

clarify the matter, otherwise the continuous payment of FSA above the

officers’ entitlement was irregular and the amounts so far over paid

recoverable.

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79.4 Circumvention of Public Procurement Regulations

Examination of accounts revealed that a total of Shs.107,307,809 (CHF

76,009.75 0r US $ 61,319) was incurred on the acquisition of various

goods and services required for the smooth running of the mission. The

following observations were made:

a) Absence of a Properly Constituted Contracts Committee

The Embassy is an independent vote and therefore qualifies to be a

procuring and disposal entity. Whereas the PPDA Act Section 27-28 and

the PPDA regulations Section 42-56 provide for contracts committees in

procuring and Disposal entities. It was noted that the embassy does not

have a properly constituted contracts committee as indicated below:

Section 27(2) of the Act states, “The members of the contracts

committee shall be nominated by the Accounting Officer and

approved by the secretary to the Treasury”. No evidence of

nomination and approval was availed to me.

Section 27(1) of the Act states “subject to sub-section (2), a

contracts committee shall be composed of the members specified in

the third schedule” The third schedule lists the membership as, a

Chairperson, a Secretary, and a maximum of three other members

appointed by the Accounting officer one of whom shall be a lawyer.

Section 45(2) of the regulations states “the Accounting Officer shall

ensure that any appointment to the contracts committee is made

from among serving Public Officers employed on a full time basis

with the procuring and disposing entity or appropriate external body.

There was no evidence that the above provisions in the Act and

regulations were complied with in the Mission either due to limited

staff numbers or due to lack of balance of professional skills. There

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was no lawyer on the committee as required by the 3rd Schedule of

the Act even though the Mission has a lawyer attached to WTO but

full time in the Mission.

Furthermore, the chairmanship of the contracts committee by the

Head of Mission complicated matters more. Contract Committee is

appointed by the Accounting Officer with the approval of Permanent

Secretary/Secretary to the Treasury and the Committee reports to

the Accounting Officer, who in this particular case is a First

Secretary, many grades below the Head of Mission. This is irregular

and it impairs the decision making of the Accounting Officer.

In his written reply the Accounting explained that given the numbers

of staff at the mission at that time it was not possible to constitute a

contracts committee in accordance with the requirements of the

PPDA Act and regulations. He however, noted that with the improved

staffing position of the mission it is now possible to constitute a new

contracts committee in accordance with the law and regulations.

I urged the Accounting officer to expedite the process.

b) “Off the street purchases”

Examination of accounts further revealed that the Mission was only

purchasing “off the street” and attaching receipts as shown below

Furniture for the Conference CHF 4,446, Projector CHF 1,352, Bed, mattress CHF 1,364, cutlery,

2 Computers CHF 3,040 Configuration of IT security CHF 7,905.2 Photocopier/fax/printer/scanner CHF 12,300

Total CHF 30,407(US$24,530)

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In his written reply the Accounting officer explained that Switzerland

is a very complicated place, with three working languages whereby if

one was to advertise, you would have to first translate into all the

three languages which would be extremely expensive considering

the meagre resource envelope for the Mission. It was for this reason

that the mission’s contracts committee opted for the methods where

they requested for quotations from various specialised firms and also

visiting the main stores in some cases.

I advised management to always follow procurement regulations to

ensure economy, efficiency and effectiveness and also to provide

documentary evidence of evaluations carried out before the

procurements were made.

79.5 Non-Tax Revenue (NTR) Collections

A total of Shs.56, 595,085 (CHF 38,850) was realised as collections of Non-

Tax Revenue during the financial year. It was however, noted that there

was no proof of remittance of funds and acknowledgement receipts from

Treasury provided as evidence.

In his written reply, the Accounting Officer explained that the mission has

always adhered to the regulations and transferred all NTR collections to the

Consolidated Fund.

I advised the Accounting Officer to provide evidence of remittance of the

funds and acknowledgement receipts from Treasury.

79.6 The Implementation of the Mission Charter

The Mission Charter for Geneva was issued on 23rd January 2006. It

outlines specific tasks and activities, which shall be used in appraising the

performance of the Head of Mission.

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In his progress report on the implementation of the Geneva Mission Charter

dated 06th December 2006, the Head of Mission reported generally that the

Mission staff have participated in the meetings, deliberations and decisions

of the UN and other International organisations based in Geneva. He

stated that the Human Rights image has improved especially after

presentations made by a Ugandan Minister of State to UNHCR. He further

reported that Uganda’s image as a major tourist destination for the Swiss

has also improved.

He however, noted that poor funding of the Mission has affected the

implementation of the Charter and that for instance, Uganda is about to be

suspended from the membership of the International Organisation for

migration (IOM) because Uganda owes the organisation, Swiss Francs

214,049 accumulated during the last 15 years.

I was however noted that the Head of Mission’s report fell short of

clarifying the level of implementation of the Charter. No progress and

performance indicators (financial or non-financial) were given to provide an

essential link between the Charter and the implementation of the Charter.

For instance, if Uganda’s human rights image has improved, is there some

form of new ranking the country can take advantage of? If Uganda is a

new major tourist destination, how many more visitors have we received

and what is the translation of their visits in terms of financial, economic or

investment benefits? What is the new level of the Swiss foreign direct

investment?

In his written reply the Accounting explained that the reporting mechanism

has now been modelled around the ROM format that uses output,

performance indicators and targets to assess performance of mission in a

tabulated format. I await the outcome of the new reporting mechanism.

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79.7 WTO Mission Internship

The World Trade Organisation (WTO) Secretariat maintains a limited

internship programme in WTO Permanent Missions in Geneva for

Postgraduate students wishing to gain practical experience and a deeper

knowledge of the multilateral trading system. Opportunities are normally

offered to the Ministry responsible for trade. The WTO Secretariat pays the

intern a stipend of CHF 3,000 per month, a return economy ticket and the

necessary visa assistance.

At the time of audit inspections, only 2 out of 3 interns had taken up the

offer. One of the interns is a Senior Commercial Officer from Ministry of

Tourism, Trade and Industry, the 2nd Officer is a Third Secretary from

Ministry of Foreign Affairs. The third officer who did not report is also a

Senior Commercial Officer from Ministry of Tourism, Trade and Industry.

The internship programme under review was running from 16th April 2007

to 12th October 2007. Since Government of Uganda’s input to the

programme is basically providing the staff who wish to gain practical

experience and deepen knowledge of the multilateral trading system, one

would be interested in finding out why we did not take up all our slots,

whether the programme is publicised at home and whether the criteria is

fair to all.

The Accounting officer explained that the mission would continue to work

hard to ensure that as many Ugandans benefit from the programmes in

Geneva through taking up all slots.

I advised management to ensure that in future all slots allocated to Uganda

are taken up, WTO programmes get enough publicity at home and the

criteria for selecting participants is transparent.

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80.0 PRETORIA MISSION 80.1 Excess Expenditure

A total of Shs.183,705,644 was spent on goods and services in excess of

the approved expenditure budget without seeking appropriate authority.

In his written response, the Accounting Officer attributed the excess

expenditure on insufficient budgeting on some mandatory activities and the

involvement of the mission in the CHOGM preparations.

I advised that the authority should be obtained to regularise this

expenditure.

80.2 Incompletely Vouched Expenditure.

Expenditure amounting to Ug.Shs.25,566,950 (R118,002.850) purportedly

incurred on procurement of goods and services was found lacking

appropriate supporting documentation. I could therefore, not confirm that

the funds were put to proper use.

80.3 Non-Tax Revenue Collection 80.3.1 Visa fees Audit inspection of the Pretoria Mission revealed that Visa fees were

collected by administering Visa stamps rather than using the ‘standard

charge’ Visa stickers. Also Registers of persons issued with visas were not

properly maintained to enable reconciliation of visa fees collections against

the register.

Further, it was noted that Visa fees banked or transferred to the Mission

bank account by the applicants do not include bank charges which are

charged by the bank on each transaction but instead the charge is met by

the mission.

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It was also noted that before Visas are issued proper verifications and

reconciliations are not undertaken to ensure that the applicants have

actually banked or transferred the money to the Mission Bank Account.

I advised that the mission consults with the Accountant General and

Ministry of Internal Affairs on the treatment of bank charges.

80.3.2 Temporary Travel Documents

Procedures governing issuance and Accounting for temporary travel

documents using PS/1 application form were found inadequate in the

following areas:-

• The Emergency Certificate Register lacked was sufficient details to

differentiate Certificates paid for from those issued free to patients

and deportees. As such, reconciliations could not be done to enable

me establish actual collections from this source of revenue.

• Beneficiaries do not acknowledge receipt of issued Certificates by

signing the register.

• Although copies (Photocopies) of Certificates issued, were required to

be kept on file, quite a number of them were not kept while some

were not properly filed.

Further to this, a physical stock count of PS/1 forms on hand revealed

sequence gaps resulting in 199 forms being unaccounted for.

80.3.3 Passports

Official government receipts were not written for fees collected from issue

of new passports at the mission, making reconciliations of Revenue

collected against passports issued difficult. I could therefore, not confirm

the completeness of revenue collected from passport fees.

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In his response, The Accounting Officer stated that this was a temporary

situation pertaining at the time of audit and has been rectified.

80.4 Fixed Assets. 80.4.1 Buildings

An inspection of the Building housing the Official residence which is housing

the Ambassador revealed the following Matters:-

• Tiles and plaster had fallen off the walls of several rooms due to

leakages.

• A Balcony floor was logged with rainwater that had failed to drain due

to probably poor workmanship on the drainage system.

• Huge lateral roots of trees that were planted to beautify the

compound had damaged pavers and remain a threat to the building

itself.

I recommended that the old trees be removed and new ones replanted to

maintain the original beauty of the compound.

I further, advised the Mission to undertake maintenance works to stop

further damage to the already deteriorated property.

80.4.2 Other Assets

An inspection of the embassy stores revealed that several pieces of House

furniture and equipment were damaged as a result of poor stacking in store

and reckless handling by staff.

In his response, the High commissioner stated that the mission does not

have enough rooms for all the mission furniture and other properties. He

suggested that Uganda Government should consider investing in

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purchasing houses for Foreign Service Officers like most other Missions

have done. This he said will reduce and/or eliminate breakages to

properties as in some cases property is damaged when it is being shifted

from rented houses by recalled officers.

I advised that the officers be held responsible for damage of government

property.

80.5 VAT Refunds

Whilst the mission is exempted from VAT payment by the host government,

the system requires that exempted entities pay the tax and subsequent

claim for refunds. By the time of inspection, there was no evidence that

VAT refunds had been claimed by the mission.

In his written response, the Accounting Officer stated that the mission was

in a process of claiming the refund. He explained that the system has been

simplified because claims are now filed electronically to South African

Revenue Services.

80.6 Accounts Staff

The accounts department was found to be headed by a local staff in

possession of Ordinary level elementary accounts certificate and lacking

sufficient qualification, skill and experience to give competent technical

advice on accounting matters.

I asked the Accounting Officer to consult with the Accountant General to

appoint competent personnel to man the Accounts Section.

The Accounting Officer stated that the matter had been discussed with the

Office of the Accountant General.

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81.0 KHARTOUM MISSION

81.1 Unauthorised Expenditure

The mission incurred unauthorised expenditure of Shs.162,466,679 on

various expenditure items without authority as shown below:

Item Budget Actual Variance Welfare 10,000,000 33,203,665 23,203,665Printing stationery and photocopy

10,000,000 24,125,115 14,125,115

Telecommunications 10,000,000 25,857,921 15,857,921Electricity 10,000,000 32,144,836 22,144,836Water 8,000,000 12,004,326 4,004,326Travel abroad 10,000,000 19,037,302 9,037,302Fuel, Freight & Transport

10,000,000 18,414,146 8,414,146

Freight 17,596,800 17,596,800Maintenance 9,000,000 15,922,430 6,922,430Consumption of plant & equipment

41,160,138 41,160,138

Total 77,000,000 239,466,679 162,466,679

The Accounting Officer explained that the gross under funding of some

expenditure items left him with no option but to re-allocate funds and that

his request for virements was not responded to yet the need for

expenditure in these areas remained critical to the operations of the

mission.

I urged him to follow up his request for virements in order to regularise the

expenditure.

81.2 NTR Collections

Examination of accounts further revealed that the mission collected

Shs.47,696,090 from NTR. However, there were no remittance advice slips

and acknowledgement receipts provided to confirm that the funds were

actually remitted to the consolidated fund.

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The Accounting Officer explained that all NTR collected was periodically

remitted to Bank of Uganda and that the foreign exchange regulations in

Sudan were changed during the year which affected the banking and

transfer of foreign currency. I informed the Accounting Officer that proof

of remittance of NTR could only be evidenced by way of acknowledgement

receipts from Treasury.

81.3 Internal Controls

Generally the internal controls were not adequate with some payment

vouchers lacking supporting documents and those that had were not

translated although a translator is paid periodically. Besides, most

payments were not initiated and approved by the relevant authorities as

required by the TAI.

The Accounting Officer explained that owing to the unique nature of some

categories of procurement of goods and services the guidelines laid down in

the TAI are difficult to implement in their strict nature and that although

the mission employs a translator he is preoccupied with translating official

letters, newspaper articles, other correspondence and some information

considered critical to the payment system.

I advised him to always abide by Government regulations and to ensure

that all supporting documents for payments are translated to English.

82.0 KIGALI MISSION

82.1 Poor Book-keeping

It was noted that the Mission did not maintain expenditure ledgers to

ascertain how the details of the balances shown the Accounts were

analysed and accumulated into the total yearly expenditure. In addition,

no proper cash book for Non Tax Revenue was kept. For instance, receipts

465

issued for NTR collections WERE not recorded in the Cash book making

reconciliations with the bank difficult.

82.2 Excess expenditure

The mission spent a total of Shs.342,912,987= on goods/services

consumed and property, plant and equipment in excess of the approved

budget rendering the expenditure unauthorised.

82.3 Payables

The payables balance of Shs.42,075,618= was not supported by the

outstanding commitment list and other documentation. This limited the

scope of my work.

82.4 Transfers received from other government units

Shs.39,176,716= was reported as received from other government units.

However, the mission did not provide the details which could enable me

verify its source and the purpose for which the funds were received.

82.5 Unspent Salaries

Examination of accounts revealed that one Embassy staff was transferred in

April 2006 without a replacement but the Ministry continued to release to

the Mission the salaries and allowances attached to that post. By the time

of audit inspection, the remuneration had accumulated to US$56,086 which

was being deposited on the Embassy’s development account.

Management, explained that the money was retained in anticipation of

receiving a replacement. I informed the Accounting Officer that the money

constitutes unspent salaries by which law should be remitted back to the

consolidated fund.

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82.6 Non Tax Revenue

(i) Sale of temporary travel documents

A total of Fr 910,000 was collected from the sale of temporary travel

documents. However, only Fr 747,900 was remitted to Bank of

Uganda, leaving a balance of Fr 162,100 (Approx. US $292) un-

remitted (not banked).

The Accounting Officer was advised to bank and transfer the balance

to the consolidated funds.

(ii) Fees from sale of visa stickers

During the financial year, the Embassy collected a total of US Dollars

8,740 from sale of visa stickers which were banked and subsequently

remitted to Bank of Uganda. However, there was no evidence of

receipt from the Accountant General to confirm that the funds

reached the Consolidated Fund.

(iii) Sale of utility car

The Embassy boarded off an old vehicle (Land-Rover 110

(CD15002R) formerly used as utility car at an amount of Fr

1,500,000 (US $2,727.2). Regulations require that such funds be

receipted as NTR and remitted to the UCF. On the contrary, the

funds were banked on the Embassy’s Development Fund Account.

I advised the Accounting Officer to have these funds transferred to

the Consolidated Fund Account.

82.7 Payment of Taxes – VAT

The Embassy is exempted from paying local taxes including VAT. However,

the arrangement is that the tax is paid first and a claim submitted to the

tax authority for refunds by the Embassy. Although records show that

several services were paid for from which VAT exemptions were applicable,

management did not submit claims for VAT refunds to the Tax body.

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The Accounting Officer admitted the anomaly and promised to follow up

the matter with the tax body.

82.8 Contract for maintenance of Embassy website

The Embassy contracted an individual to install and maintain the website

for the Embassy. A monthly fee of US $700 (Fr 385,000) is paid to him for

its maintenance. However, this arrangement is not supported by a contract

agreement spelling out the terms and conditions of maintenance. This puts

the Embassy at a great risk in case the vendor is not able to maintain the

website to the satisfaction of the Embassy.

Similarly, no documentation is made by the vendor to prove work done

which could assist management to keep truck of any changes.

I advised the Accounting Officer to draw a contract with the vendor and

streamline his activities with the Embassy.

82.9 Tenancy Agreements

A review of documents revealed that the tenancy agreement provide for a

three months notice before either party could terminate the contract. The

provision appears unfavourable for the Embassy and indeed it suffered a

payment of Fr 1,650,000 for two extra months for a house formerly

occupied by a Counsellor when his term was ended abruptly. The

Accounting Officer in a preliminary discussion stated that he had taken

steps to revise tenancy agreements to counter the provision for a reduction

to one months notice.

I advised him to expedite the process and negotiate for terms that provide

for unique circumstances where such expenditure could be avoided.

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82.10 Other Assets/Inventories:

The inventory at the Chancery; residence of the Ambassador and

inventories in possession by other member of staff are not

engraved/marked to distinguish them from privately owned property.

Besides, the inventory registers maintained by the Embassy are not

updated regularly to reflect the true position of property owned at any one

time by the Embassy.

The Accounting Officer was advised to have the inventory registers updated

regularly. And also cause the assets to be engraved.

The stores ledger was also not properly kept. Although the ledger exists,

purchases were not properly recorded to reflect quantities received, how

they were issued out and the balances. Items purportedly received were

haphazardly recorded, making verification of stores rather difficult.

82.11 Conversion of Fr to Dollars

The Embassy management preferred to use the open market dealers for

the conversion of currencies which purportedly offered better rates. It was

however noted that the rates used in the conversion process were not

disclosed to enable me ascertain the accuracy of funds in dollars on

conversion and whether these funds were dealt with in accordance with the

existing regulations.

82.12 Non maintenance of creditor’s ledgers

The Embassy had running contracts with a number of service providers

especially Landlords for Chancery and residential houses and security firms.

Payment records indicated that the Embassy owed the Diocese of Kabagayi

a total of US $68,000 in unpaid rent since 1999. However, no ledgers

were maintained for the security service providers. Besides although the

Embassy had substantially reduced this debt, the basis of payment was a

469

statement from the service provider rather than documents maintained by

the Embassy.

I advised the Accounting Officer to open up ledgers for all service

providers, and ensure that they are properly maintained.

82.13 Procurement Procedures

(a) Lack of Proper Documentation:-

PPDA procedures require that all procurements should be by issue of

LPOs. Contrary to this all procurements of goods and services were

not backed up by any LPOs. Similarly, deliveries were not witnessed

and supported by delivery notes and goods received notes.

(b) Lack of Contracts Committee:-

The Embassy does not have a contracts committee or PDU as

required by the PPDA Act and regulations. Consequently all

procurements of goods and services were not supported by contracts

committee authority.

However, during discussion with the Accounting Officer, he explained

that it was impossible for the Embassy to have the committee in

place because of the staffing requirements for Contract Committee,

which the mission cannot meet.

I advised him to liaise with PPDA, the Ministry of Foreign Affairs and

Ministry of Finance, Planning and Economic Development to find a

workable solution given the unique situation at the Embassy.

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83.0 MOSCOW MISSION 83.1 Unauthorised Excess Expenditure

According to the statement of Appropriation account (based on nature of

expenditure for services voted) the mission incurred unauthorised excess

expenditure of Shs.78,520,344 without authority as shown below:

Actual Expenditure

Budget Excess Expenditure

Goods and services consumed.

285,890,364 237,000,000 48,890,364

Consumption of Property, Plant &Equipments (fixed assets)

29,341,170 Nil 29,341,170

Social benefits 288,810 Nil 288,810Total 78,520,344

Excess expenditure indicates a breakdown of controls over budgetary

expenditure and undermines the rationale of budgeting.

I advised the Accounting officer that all mission operations should be

budgeted for and approved by Parliament as required by the law. Where

there is need for reallocation or virements, procedures should be followed. I

recommend further that Government should make a comprehensive review

of the Mission operations with a view of ensuring that it is facilitated

adequately to pursue its objectives.

83.2 Circumvention of Public Procurement Regulations

Examination of accounts revealed that a total of Shs.318,246,480 was

incurred on goods and services consumed. The following observations were

made:

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c) Absence of a Properly Constituted Contracts Committee

Whereas the PPDA Act Section 27-28 and the PPDA regulations Section

42-56 provide for contracts committees in procuring and Disposal

entities, it was noted that the embassy does not have a properly

constituted contracts committee as required by the law.

I advised the Accounting Officer to constitute a contracts committee as

required by the PPDA Act and regulations or seek for alternative solution

from the PPDA.

(b) Procurement of a utility vehicle

It was further noted that the mission procured a second hand vehicle,

Suzuki Grand Vitara from the embassy of Israel for US $15,000.

However, the criteria used to select the supplier was not explained and

there was no evidence that an evaluation committee was constituted.

As pointed earlier, the composition of the contracts committee if any

that deliberated on the procurement was irregular in itself.

In a related development, Treasury had released US$ 20,000 for the

acquisition of a new vehicle but the mission opted for a used one which

had cost the Israel embassy only US $ 15,730. I was not provided with

satisfactory explanation why the mission opted for a used vehicle

instead of a new one yet it had the funds.

During discussions the Accounting Officer explained that he opted for

the second hand vehicle because of cost factors.

I advised the Accounting that the budgeted funds should have been

used for the intended purpose and that acquisition of a used vehicle

needed approval of PS/ST. I recommend further that accountability for

the balance of US $5,000 from the release be provided for audit.

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83.3 Non-Tax Revenue (NTR) Collections The Accounts show that a total of Shs.8,567,892 was realised from Non-

Tax Revenue collections during the financial year. However, I was not

provided with evidence of remittance of funds and acknowledgement

receipts from Treasury.

I advised the Accounting Officer to provide evidence of remittance of the

funds and acknowledgement receipts from Treasury.

83.4 Internal Control Weaknesses A number of internal control weaknesses were noted which call for

immediate remedial action. For instance during examination, it was found

that most payments did not go through some of the procedures required by

Government regulations such as initiation, authorization and approval.

Some payment vouchers were not stamped “PAID” and some were effected

in cash.

The danger of such control weaknesses is that irregular and double

payments could easily result since the same documents could be presented

for payment again.

I advised the management to improve on the control environment by

ensuring that Treasury regulations and Instructions are strictly complied

with.

83.5 Untransfered Balances

Examination of Accounts revealed there were balances on mission’s

revenue and expenditure accounts totalling Shs.252,001,940 for the

financial year 2005/2006. The following observations were made:

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• I was not provided with an acknowledgement receipt from Treasury to

confirm that the funds were actually returned to the consolidated fund

as required by regulations.

• There was no entry made in the Statement of Changes in Equity for the

amount transferred implying that the closing net worth was over stated.

• For financial year 2006/2007, there was also reasonably large balance of

Shs.150,626,808(Shs.142, 058,916 on the expenditure account and

Shs.8,567,892 on the revenue account). The existence of such big

balances particularly on the expenditure accounts sends wrong signals

that the mission actually receives more funds than what it requires and

will make it difficult for the mission to justify its case for more funds to

accomplish its objectives.

I advised the Accounting officer to transfer the funds immediately to the

consolidated fund and to amend the accounts to reflect the true position

of the closing net worth. I recommend further that the mission comes

up with a detailed and costed work plan to justify the need for improved

funding and ensures that all funds released are spent within the

approved work plan.

83.6 Absence of Statement of Reconciliation between total Expenditure per Statement of Appropriation Account to total Expenditure in Statement of Financial performance

In the absence of the above statement there is unexplained discrepancies

in the following items and figures in the Statement of Financial

performance and Statement of Appropriation Account.

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Item Actual figures as per Statement of Financial performance.

Actual figures as per Statement of Appropriation Account.

Budget figures as per Statement of Financial performance

Budget figures as per Statement of Appropriation Account

Employee costs

335,071,153 248,788,000 358,078,885 248,788,000

Goods and services consumed.

213,745,053 213,400,000 223,719,381 213,400,000

Consumption of property, plant & machinery

27,802,431 Nil 29,434,334 Nil

I advised the Accounting to reconcile the above figures and also prepare

the reconciliation statement between the expenditure as per statement of

Appropriation account and statement of financial performance.

83.7 The Implementation of the Mission Charter

The Mission Charter for Moscow Embassy was issued on 23rd Jan 2006 and

outlines specific tasks, activities and performance outturns to be achieved

which shall be used in appraising the performance of the Head of Mission

In the Mission’s progressive report on the implementation of the charter for

the period 2006/2007, the actual achievements in the areas of trade

were reported as 500 tons of tobacco leaf exports to Russia (no value

attached) and coffee exports to Belarus valued at US $85.000. The mission

target was to increase exports to Russia to US $ 3m by 2008 from the

current US $ 1,312,540 in key products like tobacco, coffee and flowers. I

was not provided with sufficient information to enable me verify how the

current exports were arrived at and if correct, where and how the target

would be achieved with the figures given.

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Further the Investments from Russia to Uganda were targeted to increase

from US $ 2,657,000 to US $4m in the areas of cotton ginning, citrus

processing and assistance to Busitema Agricultural College (Now Busitema

University). The actual achievements reported here include construction of

a ginning factory in Kibuku County in Pallisa district and registration of a

cotton club company in Uganda. The report estimates that the amount

invested is approximately US $ 4m. As mentioned earlier, i could not

independently verify the figures due to lack of sufficient information.

Finally Technical assistance from Russia reported in the areas of human

medicine (six doctors attached to Mulago Hospital), in the military field (like

27 UPDF officers trained in tank mechanics and other 5 in MIG

manoeuvres) and 19 Russian tourist groups were reported to have visited

Uganda during the period.

It’s clearly evident that the mission charter is yet to be fully implemented

and the performance indicators reported still fall short of the targets.

Inadequate funding to the mission could be a contributory factor and stiff

competition from the traditional Russian destinations like Seychelles, the

far East, Kenya etc could be the other factor.

I advised management to lobby the relevant authorities in Kampala to

obtain the required funding in order to enable the mission/embassy cover

all the countries under it’s jurisdiction which include Russian Federation,

Ukraine, Republic of Belarus, Khazakhstan, Almenia, Republic of Kurguzstan,

Georgia, Republic of Azerbaijan, Turkmerustan, Tajikistan, Uzbekistan.

83.8 Staffing Matters

The mission was re-opened in August 2003 by one staff after the June

2000 closure. Its charter mandates the embassy to cover Moscow, Ukraine,

Belarus and the Commonwealth countries of independent states. Moscow

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alone is a big city and Russia is a huge country with good prospects for

trade and investment. Surprisingly there was only 2 home-based staff, the

Ambassador and First secretary/Accounting Officer. The number of local

staff was also not sufficient. During the time of inspection it was noted

that the Accounts Assistant was also the Driver for the pool vehicle.

In a related development the salaries paid to local staff are so low that

attracting and retention is difficult given the costs of living in Moscow and

the local labour laws. For instance a housekeeper is paid as low as US $250

p.m, an office attendant US $360 p.m and a long serving secretary US $

500 p.m.

I advised management to liaise with the relevant authorities in Kampala to

improve on the staffing levels of the mission. I recommend further that the

terms of service for local staff be improved to enable the mission attract

high calibre and quality staff to improve service delivery.

83.9 Rent

Examination of accounts revealed that whereas the mission’s quarterly

release from the Treasury for rent is about US $21,408.90 the actual total

quarterly rent required is US $ 24,725.94 resulting into a quarterly shortage

of about US $3317.04(equivalent to US$ 13,268.16 annually). It was

further noted that by the time of closure of the embassy in 2000, records

show that the rent arrears was US $ 237,595 and the Russian Government

was reluctant to provide premises due to the unpaid rent at the time.

Although the rent arrears were later paid in full, a situation that leads to

accumulation of rent should not be allowed to re-occur.

I advised the Accounting Officer to liaise with the Permanent Secretary/

Secretary to the Treasury to ensure that rent due is fully paid for using rent

releases other than diverting funds from other sources.

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83.10 Recall of an Officer

An officer at the Embassy ended his tour of duty and was recalled in June

2007. The costs of his recall were met by the Embassy instead of the

Ministry of Foreign affairs, which is responsible for such an activity.

Consequently an amount of US $15,353.84 was paid to a shipping company

for transporting the personal effects of the said officer. Similarly the air

tickets for both the departing and incoming officers were also paid for by

the embassy. I have reported on this matter previously about similar

practices in other Embassies but the ministry has persistently directed

embassies to divert funds meant for other programmes to meet costs of

recall even when re-location of staff is clearly the mandate of the ministry

and is budgeted for.

I recommend that the Ministry of Foreign Affairs should manage the

deployment of staff within its budget and Accounting Officers in the

embassies abroad should not be directed to meet costs outside their

budgets.

84.0 BERLIN MISSION 84.1 Non Tax Revenue collections.

A review of the accounts revealed that the mission realised a total of

Shs.179,490,968 from Non Tax Revenue and transferred Shs.145,689,677

to Treasury.

However, the documents in form of remittances advice slips and

acknowledgement receipts from Treasury were not availed for verification

to confirm that the funds were actually remitted to the Consolidated Fund.

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Non Tax Revenue returns for the period July-September 2006 were also not

submitted for audit. Consequently, I could not reliably ascertain the

accuracy of total collections reported in the accounts.

84.2 Unauthorised expenditure

According to Statement of Appropriation Account (Based on nature of

expenditure for services voted) the mission incurred unauthorised excess

expenditure of Shs.23,682,255 on consumption of property, plant &

equipment.

I advised the Accounting officer to request for a retrospective authority to

regularise the expenditure.

84.3 Internal Controls

Generally, the internal controls were inadequate. For instance, most

payments lacked supporting documents like requisitions, loose minutes,

invoices and acknowledgement receipts. The RBC returns were either

submitted late or in some cases like for the period July-September 2006,

they were not submitted for audit.

I urged the Accounting officer to improve on the control environment, as

weak controls pose a high risk to management in its responsibility of

managing Public Funds adequately.

84.4 Unspent Balances.

Examination of Accounts revealed there were unpent balances from the

previous year on three (3) mission bank accounts totalling Shs.143,787,961

for the financial year 2005/2006.

However, I was not provided with evidence that the funds were actually

remitted back to the Consolidated Fund as required by the law.

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I advised the Accounting officer to transfer the unspent funds promptly to

the Consolidated Fund and disclose in the accounts accordingly.

85.0 PARIS MISSION

85.1 Excess Expenditure

Expenditure incurred in excess of the approved budgetary provisions

totalled Shs.159, 321,101 affecting the following budget items: -

Actual Budget Variance

(Excess

Expenditure)

Employee Costs 930,300,930 919,458,296 10,842,634

Goods and Services 645,471,144 628,046,156 17,424,988

Consumption of Property,

Plant & Equipment 131,053,479

- 131,053,479

Total 159,321,101

This expenditure is extra budgetary and is an indication of breakdown of

controls over budgetary expenditure.

In her explanation the accounting officer attributed the over expenditure to

poor funding of the Mission by the Treasury which forces the Mission to

utilise Non-Tax Revenue to fund critical activities of the Mission.

The excess expenditure needs to be regularised by way of supplementary

appropriation. Management should initiate the process accordingly.

There is need for government to make a comprehensive review of the

Mission needs and budget for them accordingly.

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85.2 Irregular Payment of Salaries and Wages

Examination of accounts revealed that three embassy staffs were paid

salaries and allowances US$ 82,692 over and above the entitlements

stipulated in the Foreign Service Standing Orders ( Group 3).

It was explained by the accounting officer that it was management decision

to apply higher rates owing to the high cost of living in Paris and she had

written to the responsible ministries seeking for clearance. I await the

outcome.

85.3 Mission Properties

(a) Title Deeds

The Mission owns a building located at 13th Avenue Raymond

Poncaire in Paris which is used as the Chancery building. However,

the title deed could not be traced at the Embassy. Without a title

deed the rights of ownership of the property can be challenged.

In her response, the accounting officer stated that she had initiated

inquiries with the relevant authorities. I await the outcome of the

process.

(b) State of the Property

Following the closure of the Mission, the property suffered extensive

deterioration due to lack of regular maintenance.

Efforts have since been made to renovate it using proceeds from

Non-Tax Revenue. However, a lot still has to be done to fully

renovate the building and make it reflect the status of a chancery

building. The lift is too old to be used and poses a risk both to the

users of the building and the neighbourhood. The fourth floor of the

building is not in use due to dilapidation. It has glassy roofing

supported by rusty joints which may require replacement. Its

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windows and floor also require redoing, painting and polishing. This

floor, if renovated has the potential to generate a lot of revenue for

the Mission.

In her written response, the accounting officer indicated that they

were committed to the renovation works and considering sourcing

funds from financial institutions.

There is need for the Mission to be availed with the required funds

to fully renovate the building. The Ministry could also consider the

financing proposal put forward by the Mission in which the Mission

would negotiate a loan (€350,000) with one of the bankers to

finance the complete renovation of the building and make it more

attractive for rental purposes.

(c) Tenancy for Embassy of the Republic of Tanzania

The Embassy entered into a rental agreement with the Embassy of

the Republic Tanzania in 1995 for the rental of office space until

October2004. In September 2004 the lease agreement was

renewed for a further period of three years expiring on 30th October

2007 at a monthly rental of €6,152 and an additional charge of €600

to cover utilities and garbage collection. The lease agreement

provided that major renovations were soon to be carried out on the

building but once completed the rental would be reviewed. This

would allow the mission earn economic rates from the tenancy.

It was however noted that the rental has never been revised despite

renovations were done on the property.

There is need to renegotiate the lease agreement so that the Mission

can earn economic rates.

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85.4 Design of Mission Website

The Mission contracted a company to design a website and provide

technical support service and training for site maintenance at a cost of

€3,300. It was however noted that the award did not follow the

recommended procurement procedures. Instead the decision to contract

was made by the Head of the Mission when she met the CEO of that

company while attending a Conference in Uganda. This practice does not

only contravene the regulations but it denies the government of a chance

to source for alternative cheaper and better service providers.

There is also no evidence to show that the company completed the work by

March 15th as per contract terms. Further more an extra €1,000 was paid

to the firm in excess of the contract price.

Procurement regulations should always be adhered to by the Mission.

Meanwhile the €1,000 should be explained.

85.5 Local Staff Appointments

A review of local contract and non contract staff files revealed that some

staff files lacked appointment letters. There was also no evidence of

probationary appointment for some staff contrary to the existing

recruitment procedures for local staff. Records also showed that although

many of the local staff had just been reappointed, the Head of Mission had

issued an instruction to have their appointments rescinded for reasons

which are yet to be explained. This is likely to lead to staff demotivation if

not handled properly.

Such cancellation of employment appointments or contracts has legal

implications which can sometimes lead to nugatory expenditure.

Management should have also staff files updated. There is also need to

ensure that the recruitment procedures are strictly complied with.

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86.0 TEHRAN MISSION 86.1 Unauthorised excess expenditure

A review of the statements of appropriation accounts and cash flow

statement revealed that the mission incurred unauthorised expenditure of

Shs.114,430,637 on various expenditure items without authority as shown

below:

Item Budget Actual Variance Employee Costs 248,788,000 335,071,153 86,283,153

Goods & Services

Consumed

213,400,000 213,745,053 345,053

Consumption of property, plant and equipment.

Nil 27,802,431 27,802,431

Total 114,430,637

The actual expenditure is reflected in the Statements of Appropriation.

I advised the Accounting officer to have the expenditure regularised in

accordance with the regulations.

86.2 NTR collections

Examination of accounts further revealed that the mission collected

Shs.8,887,364 from NTR. However, there were no remittance advice slips

and acknowledgement receipts provided from Treasury to confirm that the

funds were actually remitted to the consolidated fund.

The Accounting Officer explained that all NTR collected was remitted to the

consolidated fund on two occasions. I informed the Accounting officer that

proof of remittance of NTR could only be evidenced by way of

acknowledgement receipts from Treasury.

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86.3 General Observations

The following observations were made which merit mention:

Contrary to regulations officers at the mission claim both climatic and warm

clothing allowance. It should be noted that warm clothing is for only civil

servants (other than Foreign Service Officers) on training or duty outside

the country for a limited period of time.

The Accounting Officer explained that posting letters from the parent

Ministry for all Foreign Service officers state clearly that the officers are

entitled to both climatic and warm clothing allowances. I advised the

Accounting officer that Foreign Service officers are only entitled to climatic

allowance on posting but not both and that recovery measures should be

initiated for the irregular payments made.

Procurements are not handled transparently as per regulations. There was

no evidence of minutes of the contracts committee meetings to confirm

whether they handled all the procurements in a prescribed manner.

Instead procurements like computers worth Rials 22,840,000 (approx

US$2,460) laptop R28,260,000 (US$3,059), furniture for R33,300,000 (US

$3,604 and cutlery and utensils worth Rials 19,300,000 (US $2,079) were

purchased off the street on the recommendation of one officer. It was

also noted that the Mission does not prepare a procurement plan as

required by the law.

In a related development all the above procurements were made without

procurement Plan.

The Accounting officer explained that it was an oversight to exclude the

contracts committee minutes in the expenditure returns and the mission

also had a procurement plan. I urged the Accounting officer to provide the

documents for review.

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87.0 CANBERRA MISSION 87.1 Unauthorised Expenditure The mission incurred unauthorised expenditure of Shs.134,853,103

without authority as shown below:

Item Actual Budget Variance FSA 267,050,439 257,763,000 9,287,439Welfare & Entertainment

10,853,288 10,000,000 853,288

Telecommunications 27,821,164 10,000,000 17,821,164Rent produced properties

216,807,245 190,000,000 26,807,245

Electricity 15,183,531 10,000,000 5,183,531Travel inland 41,920,499 8,000,000 33,920,499Travel abroad 50,804,481 10,000,000 40,804,481Fuels, oils, & lubricants

8,175,456 8,000,000 175,456

Total 638,616,103 503,763,000 134,853,103

I advised the Accounting Officer to have the excess expenditure regularised

in accordance with the regulations.

87.2 NTR Collections

According to the accounts the mission realised a total of Shs.189,523,021

from NTR collections. The following matters were noted:-

• Remittances Un-receipted

Treasury has so far only acknowledged the receipt of Shs.97,069,294.

The balance of Shs.92,453,727 remains unaccounted for.

I advised the Accounting officer to provide acknowledgement receipts

from Treasury as evidence of remittance of the entire amount collected.

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• Non Submission of NTR Returns

The Mission never submitted NTR Returns for the entire financial year

contrary to regulations. I was therefore unable to confirm whether the

NTR reported in the accounts was properly stated.

I advised the Accounting officer that all revenue returns with detailed

information as required by government regulations should be written

and submitted for audit.

Revenue collections

Whereas the mission’s reported NTR in the accounts was

Shs.189,523,021 (Aus$132,450), a review of the available documents

revealed that total banking on NTR account for the period amounted to

Shs.203,402,774 (Aus$142,150) causing an over banking of

Shs.13,879,753 (Aus 9,700) whose source was not explained.

I advised the Accounting officer to reconcile the collections for the

period with the bankings made and the performance of the previous

year.

87.3 Internal Controls

Generally the internal controls were poor as shown below:

(i) Unauthorized Reallocation of Funds

A total of AUS $ 7611.44 was paid to Ms Esanda Finance in respect

of eight (8) instalments (@ $951.43) for Utility Car Hire Purchase for

the Mission. This being a capital asset, funds should have been

budgeted and sourced for under the capital budget. Instead

recurrent funds were used to purchase the vehicle. This

unauthorized reallocation of funds not only depletes funds for other

activities for which funds were budgeted but also distorts budgetary

control mechanisms.

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During inspection the Accounting Officer accepted the anomaly and

stated that this was so because the Mission has never been allocated

capital development funds. She further stated that she is currently

charging the expense on the transport item.

I advised the Accounting officer to continue lobbying the relevant

authorities for capital development budget to enable spending

according to the set laws and regulations.

(ii) Personnel Records

Most of the personnel files were incomplete to facilitate a through

review of the records.

During discussions the Accounting Officer stated that the Mission is

new, and was in the process of opening up all books and records of

the Mission. I urged the Accounting officer to expedite the process.

(iii) Use of Telephone

It was further noted that the Mission on average pays AUS $ 1000

monthly in respect of telephone expenses for the Chancery.

However, there was no telephone register in place at the Mission to

enable verification of usage of telephones. It is also not clear

whether private calls are not included in the bills.

I advised the Accounting Officer to ensure that a register is opened

and maintained.

(iv) Record Keeping

Although there was marked improvement in the record keeping as

compared to the last audit inspection in September 2006 the

following matters were noted;

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(a) Books of Accounts

The mission maintains a vote control register according to the

commitment control system, however there are no abstracts and

ledgers being maintained. This made the verification of final

accounts difficult.

I advised the Accounting officer to immediately open up the

accounting records to facilitate the compilation of final accounts in a

systematic manner.

I recommend further that Treasury should consider authorising the

purchase of accounting software for all Missions to enable faster,

easier and more accurate system of compilation of accounts.

(b) Visa Returns

Examination further, revealed that records of visa stickers are not

being maintained and submitted for audit regularly. At the time of

inspection an attempt was being made to have a counterfoil register

opened.

I recommend that visa stickers be accounted for and submitted in

the monthly returns just like the expenditure returns. There is also

need for visa usage to be reflected in the visa register and the ledger

folio records properly maintained to enable tracking of the visa

books and stickers in stock, used and cash collected.

(v) Asset Management

(a) Record keeping

Examination and inspection both revealed that furniture and

equipment bought by the Mission since its inception, were not

recorded in an inventory book / asset register as required by

regulations.

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(b) Assets that do not belong to the Mission

It was further noted that the Mission is functioning using furniture

purchased by the Ambassador using his personal funds. This

furniture includes desks and chairs and constitute a bigger

proportion of all furniture used at the Mission. These assets are also

not recorded in the inventory register.

I advised management on the need to immediately have a record of

the assets purchased recorded in the Mission books. I further

recommend that the assets of the Ambassador be properly recorded

and modalities be initiated by the Accounting Officer to have the

furniture purchased and recognized as Mission furniture.

87.4 Nugatory Expenditure

Examination of accounts revealed that the mission incurred a total of

Shs.28,943,233 (US$16,538.99) on transportation of an officer’s personal

effects from Canberra to Kampala. Out of the above amount, Shs.4,837,210

(US$.2,764.12) was for demurrage charges. This expenditure is considered

nugatory as it could have been avoided had the concerned officers acted

responsibly.

It was further noted that in the Permanent Secretary/Secretary to the

Treasury’s letter authorizing usage of Visa money, the Accounting Officer

was advised to seek for supplementary expenditure to cover the expense

according to set laws. The request for supplementary as advised was not

sought, thereby causing an over expenditure.

I advised the Accounting officer to always avoid wastage. I recommend

further that a request for a supplementary be made to the PS/ST to avoid

excess expenditure.

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87.5 Computational and clerical errors in the accounts

The following errors were noted in the accounts:-

a) Statement of Financial Performance Transfers received from Treasury were recorded as 695,532,554 in

the accounts. However, a schedule of releases from Treasury for the

period revealed that the figure was actually Shs.698,510,000. There

is need to reconcile the two figures to ensure accurate disclosure.

b) Statement of Reconciliation of Total Expenditure on The Statement

of Financial Performance And Statements of Appropriation.

The figure for the total expenditure from the statements of

appropriation to be transferred for the reconciliation is

Shs.775,382,813 and not Shs.778,040,276, while the figure to be

reconciled from the statement of financial performance is

Shs.936,885,256 and not 935,885,256. There is need to reconstruct

the statement.

c) Statement of Stores and other Assets

Whereas there is no figure posted for stores and other assets

acquired during the year, it was noted from examination of vouchers

that various equipment and furniture were acquired during the year,

for instance a photocopier, 2 computers, furniture and equipment.

All these should have been recorded in the statement to ensure

completeness. There is also need for adequate disclosure as to the

source of the funding for the purchases made since no capital

development funds were released to the Mission.

I advised the Accounting Officer that all the above errors in the

financial statements be explained.

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87.6 Salary Payment

Examination of accounts revealed that the salary being paid to the

Ambassador of US 2,227 is above the approved rate. The highest salary

being earned by officials at his rank is US$1,696. This payment calls for an

explanation and proper authorisation.

During the inspection it was discovered that the correspondence detailing

the entitlements of the Ambassador from Ministry of Foreign affairs

Kampala indicated that HE was to receive US$2,227. However, the

correspondence did not indicate the source of authority for the pay.

I urged the Accounting Officer to provide further information on the

emoluments and their regularity and evidence that Public Service duly

authorized