New Judiciary Permanent Secretary (PS) Pius Bigirimana in a bid to implement treasury accounting instructions, Ministry of Finance directives and ensuring accountability at Judiciary issued new policies which will guide the institution as a means of enforcing financial discipline.
Dated August 19, the notice was addressed to all Justices of the Supreme Court, Justices of the Court of Appeal/Constitutional Court, Judges of the High Court, Registrars, Deputy Registrars, Assistant Registrars, all Chief Magistrates, Magistrates of various grades.
“In the exercise of the powers conferred upon the Permanent Secretary/Accounting Officer, under Article 174 read together with Article 164 of the Constitution of the Republic of Uganda, and Section 45 of the Public Finance Management Act, Treasury Accounting Instructions, and Directives issued by the Ministry of Finance, Planning and Economic Development, this Office Notice is issued this day of 19th August 2019 for the general administration, management, procurement and financial discipline of the Judiciary,” reads part of the notice seen by TrumpetNews.
Bigirmana reminded Judiciary that he derives his powers from the constitution of Uganda to issue instructions supported by Ministry of Public Service and Ministry of Finance which which issues directives to all accounting officers from time to time to ensure accountability.
He announced decisions made by a top policy management committee that on August 7, 2019.
The management committee gave Mr. Bigirimana powers to appoint a Finance Committee which will manage the budget and finances of the institution.
The Finance Committee is composed of members of Senior Management Committee who are Permanent Secretary/Secretary to the Judiciary, Chief Registrar, Registrar of Supreme Court, Registrar of Court of Appeal, Registrar of High Court, Registrar/Inspector of Courts, Registrar/Judicial Training Institute, Registrar/Magistrates Affairs and Data Management, Registrar/Mediation, Registrar/Execution and Bailiffs, Registrar/Planning and Development, Under Secretary for Finance and Administration.
Others members are Commissioner for Technical and Engineering, Commissioner for Human Resource Management and lastly Commissioner for Information Technology.
Known as an early riser, Bigirimana indicated that the Finance committee will meet every Monday at 8: 30a.m to reflect on the previous week performance and lay strategies for the beginning week. It will also receive progress reports on commitments from Heads of Department.
“This Committee may co-opt any other technical members of staff to the Finance Committee for the efficient and effective execution of its duties,” reads the notice copied to Chief Justice, Deputy Chief Justice and the Principle Judge.
In his communication, Bigirimana highlighted his plan of action in the medium term;
To ensure that the right to access Courts by Advocates, Litigants, Court users and Members of the Public is promoted and defended.
To endeavor to provide facilities to Court Users who are persons living with disabilities.
To explore ways of buying vehicles for Magistrates and Registrars.
To introduce health run/walk and aerobics and; in the long run introduce gym.
To explore possibility of securing Recreation facilities for Justices and Judges and later all other Judicial officers.
To ensure that breastfeeding mothers and Court users are given a special room at all Court premises where possible.
To endeavor to provide catering services at the High Court.
To ensure that no chauffeur driven officer drives any Government vehicle without authority from the Accounting Officer.
On the financial management and accountability of the Judiciary he reminded all the officials that they should operate within the precincts of the Commitment Control System which was introduced by government purposely to ensure that Ministries, Departments and Agencies do not overcommit government.
“All expenditure must be made within the approved work plans. Previous budget speeches by the Minister of Finance, Planning and Economic Development reiterated this policy. His Excellency the President made it very clear that any Accounting Officer who over commits Government will be personally surcharged. On this point, I would like to emphasize the provisions of the Constitution of the Republic of Uganda to this,” Bigirimana said.
He cited chapter 9 article 164 (I) which stipulates states that: “The Permanent Secretary or the Accounting Officer in charge of a Ministry or department shall be accountable to Parliament for the funds in that Ministry or Department.”
Public Finance Management Act 2015 Section 45 (3) of the Public Finance Management Act 2015 provide that: “An Accounting Officer shall enter into an annual budget performance contract with the Secretary to the Treasury which shall bind the Accounting Officer to deliver on the activities in the work plan of the vote for a financial year, submitted under Section 13(15).”
Section 45 (5) provide that: “An Accounting Officer shall be responsible and personally accountable to Parliament for the activities of a vote.”
Having quoted the constitution, he thus reminded the officials that, “Section 45 (6, 7, and 8) duty binds the Accounting Officer with the responsibility of proper collection, custody and management of all public money. This accounting function is performed by the Accounting Officer in person or can be delegated to officers mandated to support him/her in the discharge of the duties though he/she still remains personally and pecuniary accountable.”
Against that background Bigirimana directed that the Under Secretary is delegated to ensure that the Commitment Control System is adhered to without exception.
The Commitment Control System applies to both Recurrent/Development budget and project funds. Form 20 will, thus, continue to be used until Ministry of Finance, Planning and Economic Development advises otherwise.
Cash Advances: Treasury Accounting Instructions discourage carrying of cash by any officer. Payments of individual allowances which am not duty facilitating will be made by using Electronic Funds Transfer on individual accounts. Payment to Hotels or venues for workshops will be made to proprietors at 75% deposit and 25% will be paid at the end of the function(s)/event(s). Cash advances must always be paid only in emergencies and/or inevitable circumstances which shall be approved on a case by case basis and strictly in deserving circumstances.
Refunds: Refunds will be made to only those with prior authorized request for expenditure by the Accounting Officer. In inevitable circumstances where expenditure is already made, justification must always be made.
TrumpetNews established that Bigrimana has the full support of the Chief Justice Bart Katureebe and his deputy Owiny Odolo.
