Enhancing Accountability in Public Management

undefined
 
 
 
BUSINGYE  Johnston
Minister of Justice / Attorney General
 
 
1
 
 
Accountability means:
obligation to render account for a responsibility
conferred.
the liability assumed for the manner in which
entrusted responsibility is fulfilled.
obligation to demonstrate that work has been
conducted as agreed.
reporting fairly and accurately on performance
results vis-à-vis mandated roles and or/plans.
 
2
 
 
The rationale for holding public managers
accountable lies in their relationship of trust
with public resources. The Public are entitled
to know how responsibility with regard to this
trust is discharged.
Citizens have a right to know the actions
taken in their name;
Measures should be in place to force
corrective action when trustees act in an
illegal, negligent, or unjust manner.
 
3
 
 
Improves performance;
Promotes ownership;
Builds trust;
Creativity and innovation;
Increased commitment to work;
Higher employee morale and satisfaction;
More employee participation and
involvement, etc..
 
4
 
 
 
Examples:
Avoidable/preventable financial Loss.
Eg:
Investing public funds in projects with poor or without
prior feasibility studies;
Awarding unplanned tenders
Abuse of power/office;
Procuring unnecessary or sub-standard assets;
Lack of leadership action;
Open ended corruption and embezzlement
 
 
5
 
 
 
 
Unnecessary law suits against GoR
Retardation of Socio-Economic Development
Negative effects on GDP, Jobs, Growth, Taxes etc...
Failure of effective service delivery;
Undermining trust in Government .
 
6
 
 
 
Legal framework
 
Leadership code of conduct;
Law on prevention of corruption and related offences;
Law relating to access to information
Presidential Order determining modalities for a leader to receive or give donations and gifts;
Law on State Finance and Property;
Law relating to the protection of whistleblowers
Ministerial Instructions on holding liable public servants who cause loss to the state
Law determining penalties and offences (Penal Code), etc.
 
Institutional framework
Parliament
Auditor General’s Office
Ombudsman
RGB;
Judiciary;
NPPA
RIB, etc.
 
7
 
 
Delays & Abandonment : 
A total of 
86 
contracts
valued at 
Frw 143,255,975,651 
are reported as
either delayed or abandoned.
 
Delayed payment: 
Contractors not paid on time as
agreed resulting in delayed and abandoned
contracts.
Poor project feasibility studies which lead to delay
and abandonment of projects.
The above cases have resulted in:
increased cost of Government projects,
significant delays in completion; and
lack of value for money for many government projects.
This adversely affects service delivery to citizens.
This retards socio-economic transformation [NST]
 
8
 
 
Cases of stalled projects
21 
cases of stalled projects worth 
Frw
35,766,513,559 
that resulted from
inadequate contract management.
Planned objectives were not fully realised,
and government is not realizing value for
money from expenditure incurred on
uncompleted works;
Inadequate due diligence.
 
9
 
 
 
Failure to recover advance payment and
performance securities
(15) 
entities did not recover advance payment and
performance securities worth 
Frw 2,297,606,521 
from
failure of contractors to execute contracted works.
Public entities are not doing adequate follow up to
ensure that funds are recovered within reasonable time.
This denies these public entities funds that would
have been utilized to complete the planned
activities.
This retards socio-economic transformation
[NST]
 
10
 
 
 
 
 
 
LITIGATION MANAGEMENT
 
11
 
 
 
Leaders, have a responsibility to ensure that litigation
avoidance and litigation management policies and procedures
are in place. Disputes come from decisions/ actions we make
or don’t make/take. 
Simple !
The best way to manage litigation is not to get into it in the
first place by 
avoiding habits, toxic cultures and other
situations that breed lawsuits.
 It is increasingly evident that GoR agencies that do the right
thing have fewer lawsuits and, accordingly, lower litigation
footprint, costs and damage awards. 
Litigation management 
has three poles:
- Litigation prevention
- Cost
-effective resolution of disputes
- winning un avoidable court litigation
 
 
12
 
The job of avoiding litigation is challenging and
involving-but worth every effort. It boils down to one
rule: Make sure the institution and its employees do the
right thing.
 
Good corporate governance is a primary means of
ensuring that the institution does the right thing. It fosters
a culture of accountability 
in the workplace.
 
A key feature of lawsuit avoidance
, is a culture of respect
and integrity, a code of conduct that is a basis for training,
monitoring, and enforcement of proper employee
behaviour, including decisions made on behalf of the
GoR agency itself.
 
 
13
 
Good corporate governance helps 
prevent a significant amount of risky
actions/omissions, and other misconduct. It also helps build ethical
competence and the ability to make the right decisions.
This is likely to reduce the occasion for litigation, but there is need to
evaluate strategies so we know which 
have little or no effect. Its advisable
as a leader to consider the following parameters:
1.
 Determine the frequency with which lawsuits (commercial,
administrative etc) are brought against the Institution/GoR agency.
2.
 For each type of law suit, work with the in-house legal advisors to
understand and learn what kinds of conduct leads to litigation and what
evidence typically leads to significant damage awards, and work together
to establish preventive practices.
3.
 Establish a database of information on a) lawsuits filed against the your
Institution (the claims, costs, and outcomes), b) steps taken following
lawsuits to prevent their re-occurrence.
4. Involve the whole institution - inform, sound the alarm, call individuals
out, etc.
 
 
14
 
Each lawsuit will affect your business. It is critical to understand
what litigation might cost, measured in more than money and to
consider pathways to amicable resolution, ADRs (mediation or
transaction) short of a win in the courtroom, that are helpful to the
overall strategy of GoR especially when you have a weak case.
 
Work with your legal advisors upfront on those criteria you need to
apply to resolve the dispute as the process unfolds.
 
Alternative dispute resolution (ADR) may be a best option
( amicable resolution, transaction and mediation).
 Either party
can seek to have the dispute resolved outside of the litigation
process at any time. Additionally, courts frequently push parties
toward these processes.
 
 
15
 
 
Once a lawsuit is filed
—whether your institution is the plaintiff or
defendant—GoR should win if you have properly managed the
process. However, this has been a challenge due to the following:
No communication or slow response to letters, e-mails and inquiries
sent by MINIJUST (running away/hiding from the case)
Failure to submit case evidence and GoR positions on the litigation
case in time
Failure to transmit litigation information in time to the extent that
preliminary procedures are sometimes conducted in default of GoR
Failure to transmit summons to MINIJUST to the extent that cases
are heard in default of GoR agencies
Weak litigation case ownership by CBMs (an inconvenience left for
only  legal officers).
Wrong expertise: complaining for lost litigation
 
 
16
 
 As leaders we are hired to ensure accountability
and effective delivery. Our leadership role and
oversight is precisely for that. Short of it NST is
dead!
As leaders we must work to ensure successful
and effective execution and instill this in our
subordinates;
Accountability can not co-exist with conflict of
interest and complacency. In the face of
perceived or real corruption, poor contract
management or any other act that may lead to
loss, leaders stand up and face the problem
without fear and favour;
 
17
 
 
Public funds serve a common interest; they have to be protected
against misuse by us all.
Poor contract management leads loss of funds, time, image,
credibility, multiplier losses, etc...
Awareness and effective leadership are a key to best contract
management practice
It is always important to comply with law to be sure you are
managing contract well.
Any public servant causing loss to Gvt due to poor contract
management or other avoidable commission/omission should
account for it. That is where GoR is!!
Litigation is preventable, avoidable, resolvable, or winnable
provided we do the right things along the process.
Always watch out for conflict of interest.
 
 
18
 
 
 
 
 
 
 
THANK YOU FOR YOUR ATTENTION
 
19
 
 
Slide Note
Embed
Share

Accountability in public management is crucial for maintaining trust with public resources. Holding public managers accountable improves performance, promotes ownership, builds trust, fosters creativity and innovation, and increases commitment to work. Examples of accountability failures include financial losses, abuse of power, and inadequate service delivery, all of which have negative impacts on socio-economic development. Legal and institutional frameworks play an essential role in enforcing accountability and preventing corruption.


Uploaded on Jul 29, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. BUSINGYE Johnston Minister of Justice / Attorney General BUSINGYE Johnston Minister of Justice / Attorney General 1

  2. Accountability means: obligation to render account for a responsibility conferred. the liability assumed for the manner in which entrusted responsibility is fulfilled. obligation to demonstrate that work has been conducted as agreed. reporting fairly and accurately on performance results vis- -vis mandated roles and or/plans. 2

  3. The rationale for holding public managers accountable lies in their relationship of trust with public resources. The Public are entitled to know how responsibility with regard to this trust is discharged. Citizens have a right to know the actions taken in their name; Measures should be in place to force corrective action when trustees act in an illegal, negligent, or unjust manner. 3

  4. Improves performance; Promotes ownership; Builds trust; Creativity and innovation; Increased commitment to work; Higher employee morale and satisfaction; More employee participation and involvement, etc.. 4

  5. Examples: Avoidable/preventable financial Loss. Eg: Investing public funds in projects with poor or without prior feasibility studies; Awarding unplanned tenders Abuse of power/office; Procuring unnecessary or sub-standard assets; Lack of leadership action; Open ended corruption and embezzlement 5

  6. Unnecessary law suits against GoR Retardation of Socio-Economic Development Negative effects on GDP, Jobs, Growth, Taxes etc... Failure of effective service delivery; Undermining trust in Government . 6

  7. Legal framework Legal framework Leadership code of conduct; Law on prevention of corruption and related offences; Law relating to access to information Presidential Order determining modalities for a leader to receive or give donations and gifts; Law on State Finance and Property; Law relating to the protection of whistleblowers Ministerial Instructions on holding liable public servants who cause loss to the state Law determining penalties and offences (Penal Code), etc. Institutional framework Parliament Auditor General s Office Ombudsman RGB; Judiciary; NPPA RIB, etc. Institutional framework 7

  8. Delays valued at Frw either delayed or abandoned. Delayed agreed contracts. Poor project feasibility studies which lead to delay and abandonment of projects. The above cases have resulted in: increased cost of Government projects, significant delays in completion; and lack of value for money for many government projects. This adversely affects service delivery to citizens. This retards socio-economic transformation [NST] Delays & & Abandonment Frw 143 Abandonment : : A total of 86 143, ,255 86 contracts 255, ,975 975, ,651 651 are reported as Delayed payment payment: : Contractors not paid on time as resulting in delayed and abandoned 8

  9. Cases 21 35 inadequate contract management. Planned objectives were not fully realised, and government is not realizing value for money uncompleted works; Inadequate due diligence. Cases of 21 cases of stalled projects worth Frw 35, ,766 of stalled stalled projects projects Frw from 766, ,513 513, ,559 559 that resulted from expenditure incurred on 9

  10. Failure performance ( (15 performance securities worth Frw failure of contractors to execute contracted works. Public entities are not doing adequate follow up to ensure that funds are recovered within reasonable time. This denies these public entities funds that would have been utilized to complete the planned activities. This [NST] Failure performance securities 15) ) entities did not recover advance payment and to to recover securities recover advance advance payment payment and and Frw 2 2, ,297 297, ,606 606, ,521 521 from retards socio-economic transformation 10

  11. LITIGATION MANAGEMENT 11

  12. Leaders, have a responsibility to ensure that litigation avoidance and litigation management policies and procedures are in place. Disputes come from decisions/ actions we make or don t make/take. Simple ! The best way to manage litigation is not to get into it in the first place by avoiding habits, toxic cultures and other situations that breed lawsuits. It is increasingly evident that GoR agencies that do the right thing have fewer lawsuits and, accordingly, lower litigation footprint, costs and damage awards. Litigation management has three poles: - Litigation prevention - Cost-effective resolution of disputes - winning un avoidable court litigation 12

  13. The job of avoiding litigation is challenging and involving-but worth every effort. It boils down to one rule: Make sure the institution and its employees do the right thing. Good corporate governance is a primary means of ensuring that the institution does the right thing. It fosters a culture of accountability in the workplace. A key feature of lawsuit avoidance, is a culture of respect and integrity, a code of conduct that is a basis for training, monitoring, and enforcement of proper employee behaviour, including decisions made on behalf of the GoR agency itself. 13

  14. Good corporate governance helps prevent a significant amount of risky actions/omissions, and other misconduct. It also helps build ethical competence and the ability to make the right decisions. This is likely to reduce the occasion for litigation, but there is need to evaluate strategies so we know which have little or no effect. Its advisable as a leader to consider the following parameters: 1. Determine the frequency with which lawsuits (commercial, administrative etc) are brought against the Institution/GoR agency. 2. For each type of law suit, work with the in-house legal advisors to understand and learn what kinds of conduct leads to litigation and what evidence typically leads to significant damage awards, and work together to establish preventive practices. 3. Establish a database of information on a) lawsuits filed against the your Institution (the claims, costs, and outcomes), b) steps taken following lawsuits to prevent their re-occurrence. 4. Involve the whole institution - inform, sound the alarm, call individuals out, etc. 14

  15. Each lawsuit will affect your business. It is critical to understand what litigation might cost, measured in more than money and to consider pathways to amicable resolution, ADRs (mediation or transaction) short of a win in the courtroom, that are helpful to the overall strategy of GoR especially when you have a weak case. Work with your legal advisors upfront on those criteria you need to apply to resolve the dispute as the process unfolds. Alternative dispute resolution (ADR) may be a best option ( amicable resolution, transaction and mediation). Either party can seek to have the dispute resolved outside of the litigation process at any time. Additionally, courts frequently push parties toward these processes. 15

  16. Once a lawsuit is filedwhether your institution is the plaintiff or defendant GoR should win if you have properly managed the process. However, this has been a challenge due to the following: No communication or slow response to letters, e-mails and inquiries sent by MINIJUST (running away/hiding from the case) Failure to submit case evidence and GoR positions on the litigation case in time Failure to transmit litigation information in time to the extent that preliminary procedures are sometimes conducted in default of GoR Failure to transmit summons to MINIJUST to the extent that cases are heard in default of GoR agencies Weak litigation case ownership by CBMs (an inconvenience left for only legal officers). Wrong expertise: complaining for lost litigation 16

  17. As leaders we are hired to ensure accountability and effective delivery. Our leadership role and oversight is precisely for that. Short of it NST is dead! As leaders we must work to ensure successful and effective execution and instill this in our subordinates; Accountability can not co-exist with conflict of interest and complacency. In the face of perceived or real corruption, poor contract management or any other act that may lead to loss, leaders stand up and face the problem without fear and favour; 17

  18. Public funds serve a common interest; they have to be protected against misuse by us all. Poor contract management leads loss of funds, time, image, credibility, multiplier losses, etc... Awareness and effective leadership are a key to best contract management practice It is always important to comply with law to be sure you are managing contract well. Any public servant causing loss to Gvt due to poor contract management or other avoidable commission/omission should account for it. That is where GoR is!! Litigation is preventable, avoidable, resolvable, or winnable provided we do the right things along the process. Always watch out for conflict of interest. 18

  19. THANK YOU FOR YOUR ATTENTION 19

Related


More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#