Article 161-164 Uganda Constitution 1995

Article 161, 162, 163, and 164 of the Uganda Constitution 1995 are under ‘Central Bank of Uganda’ and ‘Auditor General’ of Chapter 9 of the Constitution. Chapter 9 is titled ‘Finance‘.

Article 161 Uganda Constitution 1995

The central bank

(1) The Bank of Uganda shall be the central bank of Uganda and it shall be the only authority to issue the currency of Uganda.

(2) The authority of the Bank of Uganda shall vest in a board which shall consist of a governor, a deputy governor and not more than five other members.

(3) The governor, the deputy governor and all other members of the board shall—
(a) be appointed by the President with the approval of Parliament;
(b) hold office for a term of five years but shall be eligible for reappointment.

(4) The office of governor and deputy governor shall each be a public office, and the governor and deputy governor shall respectively be chairperson and deputy chairperson of the board.

(5) The governor, the deputy governor or any other member of the board may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 162 Uganda Constitution 1995

Functions of the bank

(1) The Bank of Uganda shall—
(a) promote and maintain the stability of the value of the currency of Uganda;
(b) regulate the currency system in the interest of the economic progress of Uganda;
(c) encourage and promote economic development and the efficient utilisation of the resources of Uganda through effective and efficient operation of a banking and credit system; and
(d) do all such other things not inconsistent with this article as may be prescribed by law.

(2) In performing its functions, the Bank of Uganda shall conform to this Constitution but shall not be subject to the direction or control of any person or authority.

(3) Subject to the provisions of this Constitution, Parliament may make laws prescribing and regulating the functions of the Bank of Uganda.

Article 163 Uganda Constitution 1995

Auditor General

(1) There shall be an Auditor-General who shall be appointed by the President with the approval of Parliament.

(2) A person shall not be appointed Auditor General unless that person—
(a) is a qualified accountant of not less than fifteen years’ standing;
and
(b) is a person of high moral character and proven integrity.

(3) The Auditor General shall—
(a) audit and report on the public accounts of Uganda and of all public offices, including the courts, the central and local government administrations, universities and public institutions of like nature, and any public corporation or other bodies or organisations established by an Act of Parliament; and
(b) conduct financial and value for money audits in respect of any project involving public funds.
(c) in consultation with the Public Service Commission, employ and discipline his or her own staff;
(d) have power to engage private auditors to assist him or her in the performance of his or her functions.

(4) The Auditor General shall submit to Parliament annually a report of the accounts audited by him or her under clause (3) of this article for the financial year immediately preceding.

(5) Parliament shall, within six months after the submission of the report referred to in clause (4) of this article, debate and consider the report and take appropriate action.

(6) Subject to clause (7) of this article, in performing his or her functions, the Auditor General shall not be under the direction or control of any person or authority.

(7) The President may, acting in accordance with the advice of the Cabinet, require the Auditor General to audit the accounts of any body or organisation referred to in clause (3) of this article.

(8) The salary and allowances payable to the Auditor General shall be charged on the Consolidated Fund.

(9) The accounts of the office of the Auditor General shall be audited and reported upon by an auditor appointed by Parliament.

(10) The Auditor General may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

(11) The Auditor General may retire at any time after attaining the age of 60 years, and shall vacate office on attaining the age of 70 years.

(12) The Auditor General shall vacate office if he or she is under a sentence of death or a sentence of imprisonment exceeding nine months without the option of a fine, imposed by a competent court.

(13) Any question for the removal of the Auditor General shall be referred to a tribunal appointed by the President, which shall submit its findings to the President; and the President may remove the Auditor General if the tribunal recommends that he or she should be removed on any of the grounds specified in clause (10).

(14) Where the question for removal of the Auditor General involves an allegation that the Auditor General is incapable of performing the functions of his or her office arising from infirmity of body or mind, the President shall, on the advice of the head of the Health Services of Uganda, appoint a medical board which shall investigate the matter and report its findings to the President with a copy to the tribunal.

(15) Where a tribunal is appointed by the President under clause (13) in respect of the Auditor General, the President shall suspend that Auditor General from performing the functions of his or her office.

(16) A suspension under clause (15) shall cease to have effect if the tribunal advises the President that the Auditor General suspended should not be removed.

(17) Parliament shall make laws to regulate and facilitate the performance of the functions of the Auditor General.

Article 164 Uganda Constitution 1995

Accountability

(1) 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.

(2) Any person holding a political or public office who directs or concurs in the use of public funds contrary to existing instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if he or she has ceased to hold that office.

(3) Parliament shall monitor all expenditure of public funds.