The 72 key points and recommendations for comprehensive review and restructuring of government ministries, departments and agencies (MDAS)

Since 1998, Government of Uganda has been undergoing reforms to enable Government Ministries, Departments and Agencies (MDAs) respond to the Constitutional changes; the liberalization and Decentralization policies, and various sets of President’s Manifestos that have been in place.

In addition, the reforms have had to take cognizance of the International/Regional/national obligations as expressed in the Sustainable Development Goals (SDGs), the Vision 2040; the National development Plan [NDP I (2010/11 -2014/15) and NDP II (2015/16 -2019/20)], Sector Strategic Plans and the other new policies that has over time come on board.

The changes in time and space since 1998 present a series of shifts in policy and legal framework; plans, programs and priorities of Government to address socio-economic issues, global trends and changing technologies.

Regional Integration initiatives have also ushered in new demands and challenges, both at national regional and international levels; which call for appropriate response.

The review and re-organization (restructuring) of Government Ministries, Departments and Agencies (MDAs) is one of the major components of the Public Service Reforms that was earmarked by Government, to efficiently and effectively address the challenges brought about by these changes.

Due to these changes, some MDAs were operating under new and redefined mandates and roles, some of which were conflicting and over lapping. There were jurisdictional ambiguities, inefficiencies, obscurity in accountability, performance gaps inadequate manpower and wastage of resources, across Ministries, Departments and Agencies. This state of affairs prompted a re-examination and a comprehensive review of Government Institutions to address these issues.

It is in light of the above, the Ministry of Public Service (MoPS), decided to conduct Adam Smith International and its consortium partners, UMACIS, DCI and Incafex, to carry out a comprehensive review of Ministries, Departments and Agencies (MDAs) of the Government of Uganda. The project commenced in July 2010 and was originally planned to run for 17 months, ending in December 2011.

However, due to the coming on board of other legal and policy changes along way; issues of funding; and the time lag in the approval process, the exercise was only concluded in April, 2015.

SUMMARY OF KEY RECOMMENDATIONS

(1) The Principal Private Secretary and other Presidential Private Secretaries to HE the President to document Presidential directives so as to get them formalized under his signature and ensure their due implementation with proper reference;

(2) The review the Public Service Act to reflect HE the President as the Public Service appointing authority;

(3) The merger of the Manifesto Implementation Unit with the Directorate of Economic Affairs and Research in the Office of the President;

(4) The creation of e a Cabinet sub-committee headed by the Minister for Presidency to follow up implementation of Cabinet decisions and Presidential directives;

(5) Uganda Media Centre will be under the Political Leadership of the Minister for the Presidency;

(6) The Public Service Act of 2008 that recognizes the Office of the Prime Minister as the Parent Ministry to the Policy Analysts Cadre be amended to reflect Cabinet Secretariat as the new parent Institution for the Policy Analysts;

(7) The Cabinet decision to have all properties abroad transferred from Uganda Property Holdings Ltd to the Names of the Ministry of Foreign Affairs so as to give them appropriate diplomatic immunity and protection be implemented;

(8) The ‘Overseas Properties and Immunities’ law be expeditiously implemented in order to operationalize financing mechanisms for acquisition of properties abroad and to provide for their management and development.

(9) Uganda Citizenship and Immigration Control Act be amended to provide for active participation in immigration control by the Ministry of Foreign Affairs.

(10) The review and harmonization of the Municipal Ordinances and the Dairy Industry Act, Cap 85 of 1998 to streamline the inspection and enforcement function between Diary Development Authority, Uganda National Bureau of Standards and Kampala Capital City Authority.

(11) The legislations to operationalise the autonomous status of Mulago and Butabika National Referral hospitals and to define the legal status and responsibilities of the Office of the Director-General of Health Services be developed.

(12) A policy and legal framework be put in place to operationalize the semiautonomous status of the Regional Referral hospitals.

(13) Uganda National Ambulance Department be created in the structure of the Ministry of Health to coordinate all pre hospital emergency care and injuries.

(14) The secondment of Medical Doctors to non-government, not-for-profit making hospitals continues, their establishment Analysis be determined and a policy and regulations on secondment of doctors to private hospitals be developed to ensure transparency and their professional and career growth.

(15) A Policy for mental health care, training and research in Uganda be developed;

(16) A Regional Blood Bank for each Regional Referral Hospital, to enhance access to blood transfusion services at Health Centre IV be established.

(17) The Local Governments Act be amended to divest the mandate of appointing and promoting Health Workers in Local Governments from the District Service Commissions to Health Service Commission,

(18) The Allied Health Professionals and the Nurses Statutes be amended to divest them from disciplining Health workers to the Health Service Commission.

(19) In line with the Cooperative Act Cap 112. the Savings and Credit Cooperative Organizations (SACCOs) be consolidated and remain a mandate of the Ministry of Trade, Industry and Cooperatives and Ministry of Finance, Planning and Economic Development remains as the overall regulator of Micro Finance Institutions that are not Cooperatives.

(20) The overall policy coordination and strategy formulation of Micro, Small and Medium Enterprises (MSME) be relocated from Ministry of Finance, Planning and Economic Development to the Ministry of Trade, Industry and Cooperatives.

(21) The Ministry of Trade, Industry and Cooperatives be reinstated as the lead Agency and main coordinator of matters of policy on investment as well as trade.

(22) In line with section 8(2) of the National Planning Authority Act, the Minister responsible for planning should expedite the issuance of a statutory instrument for purposes of effective coordination and harmonization of the decentralized and Sector planning systems.

(23) The post of Accountant General be graded at the level of that of Deputy Secretary to Treasury;

(24) The Directorate of Internal Audit should report to Permanent Secretary/Secretary to Treasury instead of reporting to Accountant General.

(25) Uganda Investment Authority be relocated from the Ministry of Finance to the Ministry of Trade Industry and Cooperatives to build synergies between investment under Uganda Investment Authority, technology incubation under Uganda Industrial Research Institute, trade under Uganda Export Promotion Board and Micro, Small and Medium Enterprises under the Ministry of Trade, Industry and Cooperatives.

(26) The functions of Uganda Investment Authority, Uganda Export Promotion Board and Uganda Tourist Board be harmonized and merged because of their congruity and for purposes of proper coordination.

(27) Uganda Investment Authority Board be downsized from 15 members to not more than 10 and keeping ex-officio membership to not more than 3.

(28) The Division of Land Development and Infrastructure/Industrial Parks Development in the structure of Uganda Investment Authority be divested to the Private Sector.

(29) The Uganda National Council of Science and Technology Act, Cap 209 be reviewed to adequately empower the Council to realize its Mandate and to build the needed synergies with Science and Technology institutions within and outside Uganda.

(30) The name of the Uganda National Council of Science and Technology be changed to Uganda National Authority of Science and Technology.

(31) The National Council of Science and Technology Act be amended to provide for a minimum of 7 and maximum of 9 members of the Board for effective decision making.

(32) Uganda Bureau of Statistics should set up an effective one-stop centre for accessing all Government surveys including business surveys and other national surveys that have been carried out by Government Institutions.

(33) The National Planning Authority Act 2002, be reviewed to remove the overlaps in the mandates of the National Planning Authority, with the overall functions of the Ministry of Finance, Planning and Economic Development and the Office of the Prime Minister; and clarifying the status and operations of National Planning Authority Board;

(34) An Environment Management Policy linked to the National Oil & Gas Policy be developed by the Ministry of Energy and Mineral Development in consultation with the National Environment Management Authority as exploration and development may result in environmental degradation.

(35) The National Environment Management Authority should develop a Biodiversity Safety Policy given the unique and growing challenges amidst the current set up in economic development.

(36) The National Environment Management Authority Act, 1995, be revised to empower the Authority to be effective at national, district and community levels,

(37) The enactment of the Petroleum (Exploration, Development, Production and Value Addition) Bill be fast tracked into law, to support the Ministry in implementing the Oil and Gas Policy taking into account the new developments.

(38) Resources be devoted to the development of geothermal energy.

(39) The Uganda Industrial Research Institute Act 2002 be reviewed to take account of changes in Policy and programme.

(40) The enactment of Intellectual Property Law be fast tracked (41) Uganda Wild Life Institute Act 1996 (Cap. 139) and the Historical Monuments Act 1967 be amended or repealed and replaced with a suitable law to conform to structural changes.

(42) Uganda Tourism Act, 2008 be harmonised with the Constitution, Articles 111(2), 189(3), item 20 of the Sixth Schedule.

(43) The Uganda Wildlife Training Institute be divest from the structure to Ministry of Education and Sports.

(44) Articles 7-1(i) and (K) of the Uganda Tourist Board Act 2008 be amended to remove duplications of functions between the Board and the Ministry of Tourism, Wildlife and Antiquities.

(45) The Local Government Act and the Land Act Cap. 243 Section 56 be amended to recognise and integrate the Cadastral Regional Land Offices in the Land Management Sector.

(46) A Law be enacted to establish the Land commission as a Legal entity and comprehensive regulations provided to guide the operations of the Uganda Lands Commission.

Article 237 (1) of the Constitution of Uganda, and the Land Act Cap 227, should be amended to authorize the State (the Commission) to exercise power under the radical title on behalf of the citizens of Uganda.

(48) Specific regulations to define and guide the management and operations of the Land fund be developed the revolving loan Fund sub-component be divested from the Commission to an established Financial Institution.

(49) Management of land be the responsibility of the Land Commission only for effective allocation and utilisation of Land in the country.

(50) The Administrator General’s Act should be amended and harmonized with other policy/legal provisions that put the age of consent/adult age at 18 years.

(51) The Administration of Estates (Small Estates) (Special Provisions) Act be amended to harmonise the pecuniary jurisdiction of magistrates courts in small estates with the pecuniary jurisdiction of the Magistrates under the Magistrates Courts Act.

(52) The Succession Act be amended to make it consistent with the provisions of Articles 20, 21, 24,26,31,33 and 44 the Constitution that provide for gender equality. In particular sections 2(n) (i) and (ii), 14, 15,23,26,27,29,43,44 of the Succession Act should be repealed and replaced with relevant provisions to guide in the distribution of property of intestate persons in a manner that is not discriminatory.

(53) The Administrator General’s Office be elevated to a Directorate

(54) The Judicial Service Act be amended to require the Secretary to notify the Appointing Authority at least six months prior to the expiry of the term of sitting Members of the Commission, the appointing authority to submit names to Parliament for vetting within three months from the date of such notification.

(55) The name of the Ministry Gender, Labour and Social Development be changed to the Ministry of Gender, Labour and Social Protection.

(56) The Ministry of Gender, Labour and Social Development be split into two ministries of; Gender and Social Protection and the Ministry of Labour.

(57) Vocational Training Institutions that were being managed under Local Governments should be recentralised,

(58) The Uganda Posts and Telecommunications Act, 1983 (Cap.107) be harmonised with the Uganda Communications Act, 1997 (Cap.106).

(59) NITA-U be divested from planning, building and maintaining public Information and Communication Technology infrastructure development projects so that it can pursue its regulatory role ,

(60) Uganda Communications Commission divests itself from the responsibility of managing the Rural Communications Development Fund.

(61) Amend the Education Service Act, 2002 to redefine the scope of the mandate of Education Service Commission and to eliminate overlaps with other Ministry of Education and Sports the management of Public Officers in the Education Service

(62) Amend the Community Service Act to remove section 10 that provides for the corporate status of National Community Service Committee and specifically vest the mandate and functions necessary for the implementation of community service in the recommended Directorate of the Ministry of Internal Affairs.

(63) A court based Community Service Officers cadre be establish to undertake Community Service activities and be deployed at 122 Magistrates Courts with 11 Regional Coordinators.

(64) An enabling legislation for the Directorate of Government Analytical Laboratory be enacted to provide for: operation of a DNA Data Bank; establishment and regulation of operation of a Poison Information Management Centre; empowering the Directorate to offer specialized scientific referrals analytical services; control and management of consumer chemicals; and regulating professional standards in forensic science.

(65) The Police Act and the Evidence Act be reviewed to harmonize the roles of the Uganda Police and Government Analytical Laboratory Department to harmonize the forensic analysis of scene of crime exhibits and provision of independent opinion on scientifically generated evidence for prosecution of suspects and to harmonize the role of the Police Force and Directorate, Government Analytical Laboratories in the provision of independent opinion on scientifically generated evidence for prosecution.

(66) DNA paternity testing, waste water analysis, pesticide analysis; and food and drug analysis be commercialised to generate more internal revenue.

(67) The Firearms Act be amended to enable effective implementation of the current policy on SALW

(68) Review and amend the Uganda Citizenship and Immigration Control Act to provide for dual citizenship of children and acquisition of citizenship by children once their parents have become citizens either by registration or naturalization /residence

(69) The Local Government Finance Act be amended to give the Commission authority to arbitrate and pronounce arbitration decisions in cases of disputes between Local Governments

(70) The Local Government Finance Act should be amended to provide for the linkage necessary between the Commission and the Ministry of Finance, Planning and Economic Development.

(71) The Uganda Prisons Service Training School should be developed into an Academy with accreditation and given a Semi-Autonomous status.

(72) Uganda Prisons land be surveyed and titled for safety and security purposes.

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