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Month July 2011

Beti Kamya’s take on Uganda and Buganda


 

Recently, the Netherlands’ Institute For Multiparty Democracy sponsored an IPOD (Inter-Party Organization For Dialogue) workshop to discuss the 2011 Elections. The Opposition dwelt on the need to level the electoral ground while government insisted all was well!

I agree with the Opposition’s lamentations but recollect that all pre-2011 elections in Uganda were manipulated. We must, therefore, examine the genesis of electoral malpractices in Uganda rather than take them to be the problem per se!

Uganda’s first elections, held in 1961, were won by the Catholics’ dominated DP but an influential section of society cried foul, causing a repeat in 1962, to the satisfaction of the Anglo-Saxon-Protestant umpires, who I am sure, would have died before leaving the colony in Catholic hands!

Prior to independence, it had been agreed that in 1964, a referendum would be held in Bugangaizi and Buyaga, for residents in the two “lost-counties” to decide whether they wished to remain part of Buganda or go back to being part of Bunyoro, where they had belonged prior to colonialism. Since only residents of the two counties were going to vote in the referendum, Kabaka Mutesa of Buganda, set up residence in Ndaiga, a locality in Buyaga, the intention of which was to lure loyalists to follow him, settle there and vote in Buganda’s favour. Luganda songs were composed urging people to follow the Kabaka to Ndaiga. One such song ran “… tuvuge tugende, e Ndaiga Omutanda akuze….” Loosely translated, it urged motorists to follow the Kabaka to Ndaiga.

Buganda lost the vote and Kabaka Mutesa, who was also President of Uganda, was so understandably irked that he would not perform the President’s Constitutional obligation to endorse the referendum results.

If, like the Colonialists, DP leader Ben Kiwanuka and Buganda’s Kabaka Mutesa had power to enforce their preferred positions regarding 1961 elections and the 1964 referendum, respectively, Uganda’s history would read differently, today.

The 1962 Constitution provided for five-yearly elections, but President Obote called off the 1967 polls. His successor, Idi Amin, did not care for elections so we didn’t hold them in 1971 and 1976. The 1980 elections were held on the terms of Paulo Muwanga and UNLA, Head of State and the army, respectively.  There were no elections in 1986 and 1991 because Museveni, President and Commander-in-Chief had things to do, first. The 1996 and 2001 elections were under the Movement System because Museveni thought that was best for Uganda. We all know about the 2006 and 2011 elections.

The moral in Uganda’s elections’ history is that ALL elections and referenda have been manipulated and who held state power has been a common factor in the manipulations. The logical action plan then should be to deal with that power, instead of focusing on transient mortals who misuse the power, but leave it in State House for the next transient!

Electoral malpractices is just one of several consequences, features and indicators – not the cause –  of poor governance. We need to diagonize the causes, and if Uganda’s history is anything to go by, absolute power has a lot to do with the questionable electoral process, even during colonialism.

Uganda can smoothen her path to democracy by addressing the absolute-power-monster vested in the Central Government. That is what the USA, Canada, Australia, India, S. Africa, Nigeria, Brazil, Argentina, the United Arab Emirates and Kenya did, after gaining independence.

For peace, even Britain, architect of the centralized-power system abandoned it after pressure from Scotland and Northern Ireland.

Uganda must objectively examine the entire post-independence governance system instead of examining piece-meal frustrations such as electoral laws!

 

 

Beti Olive Namisango Kamya

ufapresident@gmail.com

0783 438 201   / 0751 590 542

President M7 evokes presidential order for urgent negotiations with teachers


President evokes presidential order for urgent negotiations with teachers

–          Says basic infrastructure like dams, roads MUST not be affected

–          Calls for scrutiny of effect of tax waiver for teachers, health workers on the economy

–          Directs Ministry of justice on implementation of Collective Bargaining agreement

July 28th, 2011

President Yoweri Museveni has evoked a presidential order for immediate negotiations on the issue of teachers wages with the ministry of Public service, Finance, Education and other concerned stakeholders, emphasizing however, that basic areas such as construction of dams for power generation and the road infrastructure MUST not affected.

“I have directed my Principal Private Secretary and the Minister for the Presidency to follow up on what the Ministry of Justice is doing to ensure that the mechanism for negotiation is implemented. Even before they do that, negotiations must go on. There is no use deceiving ourselves. We should start the negotiating process and put the whole budget on the table.

Karuma dam! You can’t touch Karuma because without dams, this country is going nowhere. You have to kill me first. The other battle field is the roads. If you see where to deduct money, which I have not seen without affecting these basics that would work,” he said.

The President was today meeting over 200 teachers under their umbrella body the Uganda National Teachers Union (UNATU) who presented their memorandum through their National chairperson Margaret Rwabushaija. Among other things the teachers demanded for an 100% salary increment for all teachers, income tax revision, operationalisation of the collective bargain agreement, implementation of payment for allowances to science teachers and those in hard to reach areas, the late release of capitation grants and the scheme of service.

‘As we work on that, negotiations must start. My advice is that the salary of teachers can go up depending on the economy and other priority areas. Look at it more transparently. In the public service our priority areas are Defense, Education and Health. The strike is bad for your country, my appeal is for you to go back to work and let the negotiations start, guided by the above principles,” he said.

The President said dealing with the basics gives you a wider base to do better things emphasizing that dams for electricity, roads and security must not be affected.

“We should focus on affordability and other basics that are unavoidable. It is wrong to put government on pressure to forget all the other priorities to think only about the teachers – that would be inconsiderate. Wages affect the whole economy. You say that we pass a supplementary budget, that happens once a year, wages are monthly. Once you start you can’t stop. If you overstretch yourself and go up, you keep going up and in no time this country will collapse,” he said.

The President said talking alone is not enough but they must look at issues of affordability.

On the issue of the tax waiver, the President after advise from the Treasury Secretary Keith Muhakanizi, said while the teachers wanted the tax waiver to increase threshold from 130,000 to 260,000, this would greatly affect the economy since the population paying the 25,000 shillings for the lowest earner are the majority.

“If we raised the threshold, it would wipe out about 20 percent of the total government revenue and destroy government incomes, the problem is the numbers, if they were not big… and you can’t deal with teachers and leave out health workers. Again let’s see how it works out if we treat them like soldiers and policemen what would be the implication on the economy,” the President said. Currently, soldiers and Policemen don’t pay PAYE.

On the issue of payments for science teachers, the president agreed with the teachers that these must be paid, adding however that this year they started with science professors and that the science teachers whose budget amounts to Shs 40 billion will be catered for in the next financial year.

On the issue of hard to reach areas, the President said the money to such teachers was already being paid, adding that the teachers concern of some of the municipalities like Moroto which are left out be addressed too.

On the issue of capital grants, the President said reforms where already underway. The Ministry of Finance informed the meeting that because money was being diverted by the districts, they had demanded that each school submits their school accounts to the ministry to.

“They were supposed to send money through the districts but because the money was being diverted, that is why they want it at the school. That I support,|” he said.

The President pledged to source fund to build teachers houses, even if it means borrowing.

‘For the teachers houses you build once. For the salaries, these are very delicate. You should start when you are very sure of sustainability. Building houses is achievable and this we shall start on this financial year.

On the shortage of food, the President said that there is no shortage of food but that it is the cost of food that has gone up, attributing this to the high demand in the region.

He however said this was a seasonal problem and that with the harvest the prices are going down.

On the issue of fuel cost being high, the President said that the fuel problem is a global one, adding that even if Uganda started producing its own oil, it may be a long term one.

On the issue of Foreign Exchange rates being high, the President said the rates where high because Uganda is likely to import more than export.

“This is because of political indiscipline. Members of parliament opposed the building of a sugar factory when we tried to expand. Now the prices are up. There was a delay in building the Bujagali power dam too. People who delay projects damage our interests as a country. Sources of foreign exchange are three including exports, tourism and other service sectors, remittances and investors. When we create chaos, demonstrations etc, sources such as tourism and investment suffer and the dollar becomes expensive.

On the issue the scheme of service in which the policy demands that 4000 teachers be promoted every year, the president acknowledged that while the policy is in place, it has not been fully operationalised because of lack of resources

“I appeal to my comrades to call off this strike. This strike means that 9.5 million children are not getting an education and are under trees. I appeal to you to call off the strike, get into serious negotiations not just propaganda or try to fail government but to discuss among themselves on this issue,” he said.

The teachers are supposed to have another meeting to discuss the Presidentspresentation and come up with a decision by midday tomorrow.

 

Department of Press and Public Relations.  News. Information. Communication

Telephone  0414 231900/0414343308

Fax:            0414 235462  

Email:         Press@statehouse.go.ug

P.O. Box    25497 ,Kampala, Uganda     

                                                                  

DP Press Release and Related Court Documents


PRESS RELEASE
27th July, 2011
COURT OF APPEAL STRIKES OUT NOTICE OF APPEAL BY MR. NOBERT MAO’S LEADERSHIP THUS RETURNING LEADERSHIP TO THE DEMOCRATIC PARTY LEAD BY CHAIRMAN PROF. JOSEPH MUKIIBI

Wednesday 27th July, ,2011, at 10.30am came the long awaited order by the Uganda Court of Appeal, presided over by Deputy Chief Justice Hon. A.E Mpagi Bahigeine along with Hon. Justices Constance K. Byamugisha and A. Nshimye Ssebutulo, that struck out the notice of appeal filed by the errant Democratic Party faction led by Mr. Norbert Mao. The appeal resulted from a High Court ruling that nullified the election of the faction Secretary General Mr. Mathias Nsubuga which they ignored, went ahead and illegally organised a delegate’s conference in Mbale in which Mr. Nobert Mao contested with Haji Ntege Sebagala for the position of President and a host of other positions were selected.

The High Court ruling which was delivered on 26th October, 2009 in effect was cancelling all the business that Mr. Mathias Nsubuga transacted while illegally holding onto the office which cancellation they sought to prolong by filing a notice of appeal. Consequently they abandoned the notice of appeal (for it was already a bad case) and continued to illegitimately conduct party business such as convening National Councils, Party meetings including the fateful Mbale Delegates Conference.

Todays Court of Appeal order brings into play the High Court ruling and as such nullifies and voids their leadership and returns the leadership of the Democratic Party to Chairman Prof. Joseph Mukiibi, His Deputy Hajji Ali Sserunjogi; President Samuel Walter Lubega, National Vice President Reiner Kafire and Regional Vice Presidents; Senior Counsel Joseph Balikuddembe, Twalah Kaddala, Aloysius Katabazi and 33 other National Executive Members.

Following the impasse created in the party, the legitimate National Executive Committee (NEC) chaired by Prof. Joseph Mukiibi shall immediately convene to draw a road map for party rejuvenation, elections and continue to work towards developing people centered policies for better governance both within the party and country while embracing values of truth and justice.

We are greatly thankful to all of you DP members wherever you are and the people of Uganda for having been so civil and patient in the pensive wait for justice. Most importantly the leadership is very grateful to the great team of party lawyers; Senior Barrister Damulira Muguluma, Senior Counsel Joseph Balikuddembe, Counsel Duncan Ondimu and others for the great representation in various courts.

We are also extremely grateful and indebted to the applicants in the case load led by Mr. Simon Peter Ocheing (Deputy National Secretary General) and other defenders of justice who have relentlessly worked to stamp out fraud and “disrespect in constitutionalism and the rule of law” – in the party and consequently in the country.

Eng. Bonny M. Kasujja
Deputy National Publicity Secretary
P.O. Box 7098
Kampala Uganda

Office of the Deputy National Publicity Secretary, +256 772 455995, Email: engbonny.m@mail.com

COURT DOCUMENTS

DCJ Order27.7.11.

Justice Bamwine Order

Justice Bamwine Order pg 2

Makerere University vice chancellor,Prof Baryamureeba, Must resign Immediately


Dr. Vernasious Baryamureeba

While Professor Baryemureeba’s ‘rape’ behaviour is considered uncouth by Western standards, many in Uganda will not see anything wrong with what he did, for that matter the professor will continue to act with impunity and as already shown by his arrogance when he refused to take advantage of the lady and her relatives who wanted to “solve” the rape case outside court. He is very confident that his high connections will shield him. Right now he is in denial but the DNA results will probably net him if he is the only one who had sexual relationship with the victim, but even then in our Uganda where high profile criminals are promoted, nothing will happen unless a high spirited campaign nationally and internationally to adovocates of women justice and to friends of Makerere University, students, human rights groups, faculty and parliamentarians, is intensified. This is one rare case in that though many cases of rape are committed on a daily basis, none is reported; the rape victims fear stigmization, blame, threats, despair and surrendering their fate to God so the perpetrators of rape go unpunished.

I salute this lady for taking that extra mile to report a well placed individual who failed to use his position, intellect and exposure to convince her in order to win her love. Even after realizing that he had committed a capital offence, he could not go down on his knees to ask for forgivenness and promise the lady heaven on earth which action in our traditional society would have granted him safety as our people are so considerate and forgiving.

May be Professor Baryamureba has forgotten his undergraudate talents of convincing ladies. University students, especially undergraduates, have the best language for conving partners: the boys will discuss anything on planet earth and give nearly pratical solutions, they promise heaven on earth and look forward to a rich and fruitful future and how they will take their future wives for honey-moon in Las Vegas, Cuba etc while displaying their university identification cards. The ladies pretend not to drink alcohol, they sip orange juice, eat a little, speak softly as they offer to dust the man’s face; some ask the men how many children would they want then to give the man, things the house-wives rarely do to their husbands or things the same girls will not do after their mission.

Professor Baryamureeba should consult his Makerere undergraduate students for the best approaches, those boys know a lot. There was one rich Kampala business man who confessed that he cannot compete with a university student because students have the best language to use and they don’t get ashamed to lie in order to win, so for him when he sees a student going to his girl-friend, he calls it quits. Don’t think he was uneducated, he was a graduate himself!

Peter Simon Okurut

Diaspora/Community Appeal From UNAA President


Community Members,

On my recent trip to Uganda I visited a small primary school in Kampala which I would like to introduce to you.

Founded in 2001, Citizen Parents Primary School is located within a slum area of Makindye Hill and occupies an area of roughly ½ acre which it rents. The student body comprises of 542 children from throughout Uganda of whom approximately 25-30% are HIV positive and over half are orphans. All of the children in the school either come from the local slum community, are orphans with absolutely no where else to go, or are abandoned/run away kids rescued from the streets of major cities such as Kampala, Gulu and Lira.

Here are some other basic facts.

1. The only tap with running water in the school was shut off a few months ago because of an outstanding bill that the school was unable to pay. Consequently, water for the school is brought up from a contaminated stream at the bottom of the hill about a half mile or so away.
2. More often than not, students eat only muwogo for every meal every day.
3. Only 4 latrine toilets serve the entire school population which happens to be co-ed.

The photographs I took of the school tell the story of the challenges faced by the teachers and students better that I can describe with words.

As I was departing from the school I emptied my pockets of all the money I had on me (about Ug. Sh. 200,000) with which I was told the school bought enough beans to last a week – a drop in the bucket.

I have set as a personal goal, a commitment to help this school in what ever way I can, however small. I would like to issue a challenge to those of you who can, to join me in helping this school. The outstanding water bill is only about US $200 and literally any small donation will make a difference in the lives of these children – even for just a day or two.

Anyone who wishes to make a monetary contribution is welcome to send it to the UNAA Treasurer and we will make sure it reaches its destination. I will welcome any other suggestions on how to help this school and its children.

Sincerely,

Moses Wilson
UNAA President

UAH WEBSITE IDEAS


Dear Ugandans at heart,

As I pointed out some time ago, I’m thinking of a new website for all Ugandans all over the world. We are not considering of re-designing the existing one / UAH blog at:
http://ugandansatheart.org/.

I intend to use the web designers here in the United Kingdom. This will give me a chance to work with him or her to establish the requirements of our site. The good thing is that I’m familiar with the technicalities of the Internet. So this won’t be a problem at all.

But since I’m doing this on behalf of the whole UAH community in Uganda and abroad, I would like a few ideas from the members here that may be appealing and necessary on our website. I don’t want to dictate everything in this matter and assume that it will please everyone, but I’m gonna list a few points to consider.


The rationale for the website

First of all, why do we want a new website for all Ugandans ?

1. to give the UAH some more online credibility;

2. Serve as a reference point;

3. Sell products online on behalf of the UAH members with businesses;

4. Generate revenue through online advertising for those Ugandans who wish to use this service. They will obviously have to pay some money to us because we will put in time to maintain and update the website on a regular basis.

Anyway, as long as we use a decent web company we should at least get a site that gives some online credibility but hopefully it will help us in one of the other areas too.

Logo and branding

I want members to privately send me some of the logos and brands they think would be suitable for our website. If something is nice, then I will just make sure that it is imbedded in our website.

Logo design and branding – although both falling under the graphic design umbrella – are actually different disciplines. If we have no logo / branding this needs to be considered during the early stages of the site design.

The look and feel of the site

Following on from the branding comes the actual look and feel of the site. At this stage it will be useful to send to our prospective web designer links to websites that we like. It’s also just as useful for a web designer to see sites that we don’t like.

So please, suggest to me the links you would like to appear on our new website. I personally hope to include a web link to Uganda Observer and the Torch NewspaperS on the site, but I want more if you have any.

The content of the site

How many pages do we want? I will need to be able to update the pages myself depending on what is going on in the UAH community? Sites that have ‘static’ content – text and images that are always the same or are updated infrequently – take a lot less time to develop than ‘dynamic’ content – content you can update yourself. ‘Static’ websites also cost less money from what I have been already briefed than ‘dyanamic’ ones. But ours is gonna be updated regularly with a lot of stuff. So it will cost us an arm and a leg.

Search engine optimization requirements

Do we need to be visible on the search engines? If so, what words would we wish potential customers to type in to find our website? I’m thinking of keeping the name:’ UGANDANS AT HEART’, but I wonder if some of you have got other ideas. Do you want us to go with a different name on the new website? Have you got any ideas?

Despite what some people may think, I have been briefed that search engine optimisation (SEO) needs to be built into the site from the outset; it is not something you can plug in afterwards (well you can but it takes a lot more time).

Text and images

We’ll need text and images for our website. Have you got any images you would like us to consider for the website,e.g, kings, uganda heroes, e.t.c. Please send them to me on: abbeysemuwemba@yahoo.co.uk

I have also been briefed that getting copy (or text) for websites is without a doubt the most common reason a website is launched late. I have also been briefed that writing content for your site sounds easy but give it a go – it’s harder than you think. So you all understand why we may need to charge you for adverts on this website BECAUSE WE WILL BE PUTTING IN A LOT TO MAKE IT BETTER FOR EVERYONE.

Domain name

A domain name is the name you see in the address bar of your browser when you visit a site (e.g. http://www.ugandansatheart.com). Because we don’t have a domain name already we will need to register one; they are very inexpensive (just a few pounds per year). It is normally paid on annual basis and we intend to do this through revenues generated from the website. The moment Ugandans stop advertising or supporting us financially in anyway, we shall close shop. But don’t worry so much, we shall always find a way around this inishallah.

Hosting

A website is physically ‘hosted’ on a server somewhere. To host a website securely and effectively is quite a complicated matter in its own right so it’s best to pay a company to do it for you.

We want this website to be hosted here in the UK rather than Uganda because of the uncertainties in Uganda. For instance, the Monitor website was temporary closed in 2006 elections when it started releasing electoral results that showed that Besigye was winning. So, we don’t want to be blackmailed by anybody in Uganda despite the fact that we love them all in some way.

Timescales

When does it need completing for? As you can see there is a lot to consider so it’s best for us and the web designer to come up with a realistic deadline. My only obstacle at the moment is ‘Mr. BUMALI’( cash). As you can see we are all in recession, so I could not possibly finance all this myself at the moment which brings me to the last thing to consider: BUDGET

Budget

And finally we have the unpleasant matter of the bill. I have therefore put a donation button or link below that will allow people to contribute whatever they can afford to help us finish this job in time.You can donate securely online using your PayPal account, just click on the ‘’donate’’ by PayPal button, or sign up for a free PayPal account. If I don’t get money, I will not be able to this as you want it to be.

http://ugandansatheart.org/donate-to-uah/

The message: ‘donate to UAH activities’, is already running at the end of every message on this forum but surprisingly we have not got any single cent from anybody so far. It has been running for a while but there is nothing received so far from anybody.

Or e-mail abbeysemuwemba@gmx.co.uk or abbeysemuwemba@yahoo.co.uk to arrange a payment method suitable for you .

For Western Union or Moneygram, send payment to: Abbey Semuwemba

I’m developing a kind of similar website for Uganda Muslims.So hopefully, i can get a discount if i use the same company here in the UK. But it wont happen or look as you want it to be if there is not enough money available for this service. Anyway, as you can see there is more to a website than meets the eye – but don’t worry if you’re puzzled by it all. We shall get there with everybody’s support inishallah.


Abbey Kibirige Semuwemba
MODERATOR
UK

Kayihura has got a 2:2 in Law but he did not learn Law


Degrees are not a sign of being learned. Learning means change. If you go to school, pass your exams about health science and then you go home and shit in the bush, it means that you attended school, passed the exams but did not learn.

Schooling and learning do not mean the same. There is no definition of learning which states that it is about examinations and getting your paper degree. Therefore, the evidence of learning is change in your behaviour simple

Secondly, education is a system which can create opportunities for learning and not a process of learning as you claim.

Gregory Adams Kimble’s definition of learning

Kimble (1961) defined learning as a “relatively permanent change in a behavioural potentiality that occurs as a result of reinforced practice”.

When we talk about education, we intend to mean the syllabus, schools, curriculum, school arrangements, research, reference books etc. Education means the system and not the process of learning.

Gregory Kimble’s definition is interpreted in a lay man’s language as acquisition, retainance and application of knowledge.

It can therefore be argued that the application of knowledge is the best evidence of learning. If one cannot apply knowledge in his everyday life, it means that his/her behaviour has not changed. The argument here is that when you learn (skills, methods, techniques, etc), you are supposed to employ that knowledge in your everyday life, thus behaving differently.

For example,Kayihura has a second class degree in law. But goes on the streets, kills and tortures people. The implication here is that Kayura did not learn law. Reason being that he cannot apply his knowledge of law i.e the Bill of Rights, principles of natural justice and the Kentian principles in his everyday life. He is not different from Joseph Kony or Adolf Hitler.

Cardinal Ratzinger AKA Pope Benedict studied philosophy and theology at the University of Munich and at the higher school in Freising. In 1953, he obtained a doctorate in theology with a thesis entitled: “The People and House of God in St. Augustine’s doctrine of the Church”. Four years later, he qualified as a university teacher. He then taught dogma and fundamental theology at the higher school of philosophy and theology of Freising. He is a professor of dogmatic theology and of the history of dogma at the University of Regensburg and Vice President of the same university.

But he covered up child abuse by homosexual Bishops. He bribed members of the justice systems across the world to cover up child abuse. Thousands of vulnerable boys who had sought solace and support from the church had their anuses or assholes ruptured by the Catholic Bishops and Cardina Ratziger covered up the whole mess.

The implication here is that although he attended university as sat in the lecture rooms and even passed the exams, Cardinal Ratnger did not learn theology and education. The reason for this is that in theology, one will be taught “the regime of human rights” which focuses on the overriding principle of individuality, enshrined in the Universal Declaration of Human Rights.

Respecting human dignity is a cardinal principle in theology but Cardinal Ratzinger failed to show empathy and sympathy or even care towards the abused children at a time when he was under common law duty of care to protect these vulnerable children. Despite the fact that Cardinal Ratzinger has papers which show that he studied theology and teacher education, there is no evidence to suggest that he learned these principles because his behaviour is akin to that of those who never studied what his degrees claim.

RICHARD MUKASA
LONDON

Banyoro case sent to Constitutional Court 4 interpretation.They want 1900 Agreement nullified



Dear All;

The Commercial Court sitting in Kampala today, July 21, presided over by Judge Mugarura resolved to submit the Banyoro Civil Case No 595 of 2004 to the Uganda Constitutional Court for interpretation.

Banyoro are seeking to nullify the Anglo-Ganda 1900 Agreement. They are also demanding reparations of Pound Sterling 500 billion from Her Majesty’s Government for the atrocities British colonial forces, allied to Baganda kingdom, committed when they invaded Bunyoro-Kitara kingdom under King Kabaleega in the war of 1893-99 when over two million Banyoro were killed.

The Commercial Court had two weeks ago declared that this case should not be heard in the Land Division. It could not make a ruling, so lawyers Ayena Odongo and Company representing the Banyoro, and Joseph Luswata representing Buganda kingdom, agreed to formulate questions, or aspects, which they want the Constitutional Court to make an interpretation.

The Uganda Attorney General, although a principal defendant, has not been appearing in court since the case began.

The Buganda Kingdom legal team had no objection to the development of seeking the interpretation of the Constitutional Court. The Banyoro side were most agreeable.

Judge Mugarura two weeks ago asked Banyoro’s Lawyers, Ayena Odongo, to draft the questions and aspects they want the Constitutional Court to interpret.

While Joseph Luswata for Buganda Kindgom had no questions or aspects, to be interpreted by the Constitutional Court, Ayena Odongo presented the following questions to Judge Mugarura for sending to the Constitutional Court for interpretation;

1. Interpretation of Chapter No Four, and in particular Articles 20, 21, 26, 45, 50 (1), 32, (1) and (5) of the Uganda Constitution, 1995 in relation to the plaintiff’s fundamental and other other rights and freedom and their interest and right to land, as affected by the provisions of the so-called Uganda Agreement 1900 to determine whether or not;

a) The fundamental and other rights and freedoms of the plaintiffs were and are still affected by the so-called Uganda Agreement of 1900?

b) The selective application of the Land Fund by the 3rd Defendant to buy land and finance the socio-economic activities of the non-indigenous immigrants only and in disregard of the plaintiffs does offend the constitution.

c) The creation of Settlement Schemes without due compensation to the plaintiffs does offend the Constitution.

d) This is not fit and proper case in which the plaintiffs should bee entitled to compensation for infringement of their fundamental and other rights and freedoms guaranteed under the 1995 Constitution.

2. Interpretation of Chapter four, and in particular Articles 20, 21,26, 45,50 (1), 32 (1) and 5 of the Uganda Constitution, 1995 to determine whether or not the maintenance and application of the so-called Uganda Agreement, 1900 is consonant with the guarantee of the fundamental and other rights and freedoms of the plaintiffs provided for in the 1995 Constitution.

3.Interpretation of the Uganda Agreement ,1900; having formed the foundation of the constitutional development of Uganda; and having become an intergeral part of the constitution of Uganda; top determine its validity in regard to the plaintiffs?

4.Interpretation of Chapter Four, and in particular articles 20,21,26,45,50 (1), 32,(1) and (5), and chapter fifteen Article 237 of the Uganda Constitution, 1995 in relation to the interest and right of to land of the Plaintiffs as originally determined under provisions of sections (1) and (2) 0f the Uganda Constitution (Third Amendment) Act, 1964 and the section 3(2) of the Republican Constitution of Uganda 1967 (both repealed) to determine whether or not;

a) The letter and spirit of of the provisions of section (1) and (2) of the Uganda
Constitution (Third Amendment) Act, 1964 and section 3 (2) of the Republican Constitution of Uganda 1967 (both repealed) were taken care of while making the 1995 Constitution? If not, whether or not the omission by the 1st Defendant has continued to perpertuate the marginalisation of the plaintiffs created by reason of history since 1900 as envfisaged in under the Constitution.

b) The maintenance and application in the suit land of the mailo Land system, otherwise alien to the susit land, does offend the provisions of the constitution inrelation to the plaintiffs?

Dated July 21, 2011, signed by Ayena Odongo, counsel for the Plaintiffs

The attached pictures show Ayena Odongo (alone);

The second group photo shows four of the litigants with Ayena Adongo

Signed;

Henry Ford Miirima

Press Secretary of the Omukama of Bunyoro-Kitara Kingdom

IMPLICATIONS,CONTRADICTIONS AND IMPLEMENTATION FAILURES OF KAMPALA CAPITAL CITY ACT 2010


There are several challenges surrounding the management of Kampala as a Capital City of Uganda. These challenges emanates from Political, Legal, Economical and Social issues. In this first presentation I wish to examine the challenges, implications and Contradictions in the new Kampala Capital City Act 2010.


1. What is Kampala Capital City Authority (KCCA)?

Parliament as the author of the Kampala Capital City Act 2010 should come out clearly and tell the Country what Kampala Capital City Authority is i.e. Is KCCA an administrative Authority like Civil Aviation Authority or Uganda Revenue Authority or it is a Political institution/ Local Government conforming to provisions of Chapter 11 of the constitution of the Republic of Uganda. If KCCA is an administrative Authority, then why does it have elected leaders and Urban Division Councils under it?

Section 5 of the KCCA Act provides that, there shall be an Authority to be known as Kampala Capital City Authority.

Section 5(3) provides that the Authority is the governing body of the Capital City and shall administer the City on behalf of the Central Government.

Section 5(4) provides that, any enactment that applies to a District shall be subject to this Act and with necessary modification apply to the Authority. By implication therefore, KCCA is a modified Local government.

In addition, Uganda through the Constitution article opted to be governed under decentralization as a matter of policy. The introduction of an Authority to administer a Local Government on behalf of the Central Government is a big diversion from the Decentralization Policy.

2. Is the Executive Director a Political Appointee or a Civil Servant?

Section 17(2) provides that the Executive Director shall be appointed by the President on the advice of the Public Service Commission. Indeed the Act in Section 19 outlines the functions of the Executive Director which are more less the same as those of the Chief Administrative Officers at Districts levels, as provided for under section 63 of the Local Government Act.

However there are overlaps in the laws which may be used to whittle down powers of the elected leaders in the City. For example, Section 19(u) requires the Executive Director to be responsible for the Authority day –to – day operations, while section 17 (1) makes him/her the Chief Executive officer.

Section 19 (v) requires the Executive Director to make a report to Council (Which Council?) on the State of Affairs once a year or as the Minister or Authority may determine. The equivalent of the State of Affairs for a City is the State of the Nation for the Country. What other person or Officer can deliver the State of the Nation Address than the President? The equivalent of the President in Kampala is the Lord Mayor how then can he be denied this seemingly ceremonial role of addressing the Country on the State of Affairs in the City.

Section 11(1) (a) provides that the Lord Mayor shall be the political head of the Capital City, while section 17 (1) provides that the Executive Director shall be the chief executive of the Authority. What is the difference between the Kampala Capital City and Kampala Capital City Authority?

Section 6 however provides that, Kampala Capital City Authority members are;

a) The Lord Mayor

b) The Deputy Lord Mayor

c) One directly elected councilor representing each electoral area

d) Two councilors representing the youth

e) Two councilors representing people with disabilities

f) Women councilors forming a third of the Authority

g) One councilor representing each of the following professional bodies;

i) Uganda institution of professional engineers

ii) Uganda society of architects

iii) Uganda medical association

iv) Uganda law society

Whereas section 5(3) provides that the Authority shall be the governing body of the City, the Executive Director is not on the list of members that make up the Authority as provided for in Section 6 of KCCA. Therefore, when and how does the ED come to the Authority to head it?

The fact that the Executive Director holds out as the Top most Person in the Authority creates confusion in the Authority and offers a fertile ground for power conflicts. There is need to draw a clear line of leadership in the Authority between the Lord Mayor who chairs all meetings of the Authority whose functions (Authority) under Section 7 ranges from Political to administrative on one hand and the Executive Director whose functions under Section 19 makes him/her the head of Civil service as well as being the Accounting Officer.

This can be achieved by amending Section 17 (1) which provides that the Executive Director shall be the chief executive of the Authority for avoidance of doubt.

3. Minister

Section 2 establishes the post of the Minister in charge of Kampala who has been given over bearing powers over the elected leaders of the City, for example;

• Section 21 provides that the minister shall appoint the members of the metropolitan Authority.

• Section 13 provides that the minister shall make regulations of the election of the representative of professional bodies.

• Section 77 provides that the minister shall be responsible for determining the remunerations of all the elected leaders in the KCCA including the Lord Mayor and division Mayors.

• The minister under section 79(3) has veto powers over decisions taken by the Authority that may appear illegal to him or her.

• Section 79(2) the ministers has general powers to give directives on policy and general development of the city.

• Section 26, the minister has powers to make regulations for the operations of the metropolitan police.

Unfortunately, up to now there is no minister for Kampala to exercise these and other powers.

4. Resident City Commissioner (RCC)

Section 71, provides that there shall be for the Capital City, a Resident City Commissioner who shall be appointed by the President and under section 73 it is provided that, there shall be such number of deputies or Resident city commissioners representatives in the capital city as the president may determine. The president has been given a blank cheque to fill in the number of RCC he may wish to appoint.

The functions of these Presidential representatives as provided for under Section 72 are similar to those of the Lord Mayor, those of the Executive Director and those of the Minister. Ordinarily it would be expected that the President does not need an equivalent of the RDC in the capital City because apart from the Lord Mayor , Mayors and Councilors all the other officers of the City are either appointed by him directly or indirectly through his appointed officers. The President is over represented in the City. We shall therefore need more money for salaries instead of providing services to our people. My proposal is to do away with the RCC and or their Deputies for the Executive Director and the Minister can ably represent both the Central Government and the President in the City.

5. Lord Mayor all alone?

Apart from the Deputy Mayor whom the Lord Mayor has to appoint on guideline from among Councilors in a fully constituted Authority, the Act does not give the Lord Mayor a Cabinet.

In the Authority the Lord Mayor doubles as the Speaker who is supposed to be impartial during the Authority meetings.

It therefore follows that as the executive the Lord Mayor generates matters of policy single handedly, takes them to the Authority and chairs meetings to discuss them. This is against the Principal of separation of powers.

The arrangement is not different with the Urban Division Councils of Rubaga, Makindye, Kawempe and Nakawa where Division Mayors are only mandated to appoint a Deputy Mayor and Work without an executive. Similarly there are no speakers at the Divisions.

The law should give the Lord Mayor and Division Mayors Executives and introduce the Position of the Speaker for the Authority and the Division Councils.

6. What is the role of Divisions?

Section 20 provides for lower urban councils under the Authority which include divisions, wards, villages and street committees.

Section 35 provides that, the Authority may in consultation with the central government devolve the functions and services to the divisions. It is not mandatory that roles shall be devolved, it’s optional.

This is an absurdity to create an administrative entity without clear roles, as it can be noted from above divisions have no clear roles, that’s why today there is already conflicts between the divisions and KCCA

Section 49: provides that the budget of the KCCA shall be made by the Authority, which means that the division councils cannot formulate their budgets yet under section 31(d) the division town clerk is required to present an annual budget to the division council. There is need for division councils to formulate their budgets to be harmonized at the Centre (Authority).

The divisions have no votes and all the finances are controlled at the center of the Authority as provided for under section 19 (b) also see the attached letter from Permanent Secretary/Secretary to the Treasury to Executive Director dated 2/may/2011

The Law should be amended to restore the Urban Division Councils in their former position with the necessary modification.

7. What is the status of the KCCA Councilors?

Section 33 provides that councilors on Urban Councils shall serve on part time basis; the law is silent on councilors at KCCA.

Are they also part timers or full time employees of the Authority?

If councilors are part timers why were they required to resign their jobs before nominations?

Councilors’ sitting under the Chairmanship of the Lord Mayor forms the Authority which is equivalent to a Parliament or other Councils and this is the Authority which is the Governing body of the Capital City.

However the functions of the Authority as provided for under section 7 are so mixed up and include even implementation roles. For example Sections 7 (g), (h), (I), (j) (k) (q), (r) and 7(2) are all technical roles. These are hanging contradictory functions of the Authority which makes it an implementing institution and yet still the Council or Parliament.

Section 7 therefore needs to be amended to remove implementing roles from the Authority if the Authority which was envisaged under this section is that one whose composition is provided for under Section 6 of the Act.

8. Metropolitan Physical planning Authority

Section 21 establishes a Metropolitan Physical Planning Authority with the following functions;

1. The metropolitan Authority shall be responsible for;

a) Developing Physical Development plan for the Capital City and the metropolitan area.

b) Handling and addressing planning issues within the Capital City and the neighboring districts of Mukono, Mpigi and Wakiso

c) Planning major transportation, infrastructure and other utilities in conjunction with other relevant bodies

d) Planning recreation parks, tree planting, green corridors and other environment areas;

e) Overseeing and monitoring the execution of the Metropolitan Authority Development Plan

f) Approving the Capital City, Municipal and Town structure plans and

g) Beautification of the Capital City and the Metropolitan area.

2. The Metropolitan Authority shall have power to veto physical plans or activities that are inconsistent with the Metropolitan Authority Development plan, the metropolitan structural plan or land use policy.

3. The Metropolitan Authority shall ensure that land use in the City and the metropolitan area follow designated plans, irrespective of the tenure of land.

4. The metropolitan Authority shall prepare comprehensive and integrated development plans incorporating the plans of the Lower Urban Councils.

The above responsibilities are by no means enormous but the law is quiet on how and where the Metropolitan Authority will get funds to perform these functions let alone the staff. The law does not lay down a framework or structures through which planners at the Metropolitan Authority will reach the Local governments of Mukono, Mpigi and Wakiso. The law does not expressly provide for the representation of Districts on the Metropolitan Authority. Section 22(3) seem to target private land owners and is prone to abuse.

In addition the establishment of a planning Metropolitan Authority to cover Kampala, Mukono, Wakiso and Mpigi is in conflict with section 35 (1) of the Local Government Act which provides that “The District Council shall be the planning Authority of a District” AND Section 30 (3) which provides that “The Urban Councils shall have autonomy over their planning and financial management when carrying out functions and services specified under Part 3 of the second schedule of this Act”.

The Metropolitan Authority cannot therefore Plan for the districts of Mukono, Wakiso and Mpigi without a prior amendment of the Local Government Act.

9. Vacancies

Section 23 provides that the president shall appoint the Deputy executive Director.

Section 24 provides that for effective operation of the Authority, it shall have the following Directorates; Administration and Human resources Management, Treasury, Engineering and Technical services, Public Health and Environment, Education and Social services, Legal Affairs, Revenue collection, Gender, Community Services and Production, Internal Audit and Physical Planning and that each Directorate shall be linked to and foreseen by a standing Committee of the Authority.

All these offices and many others are still vacant creating a very big vacuum.

Section 25, provides that the President may, appoint persons to hold or act in any office in the service of the Capital City of the rank of head of department, including the confirmation of their appointment, disciplinary control over such persons and their removal from office. Considering the status of the presidency the Act created unnecessary Work for the President and most probably the President will not be able to perform the above roles effectively.

10. Who is in Charge of Kampala Capital City Authority Land?

Article 239 of the Constitution provides that the Uganda Land Commission shall hold and manage any Land in Uganda vested in or acquired by the Government and Article 240 provides that there shall be a Land Board for every District. Article 5 (4) gave Kampala a special status which has been strengthened by the Kampala Capital City Act. The Continued existence of Kampala District Land Board therefore is unconstitutional. Even if this Board is to be converted to be called Kampala Capital City Authority Land Board the Constitution does not envisage it and would therefore be unconstitutional.

In total disregard of the fact that Kampala Capital City Authority is a custodian of land on behalf of the public and its own behalf, the Kampala Capital City Act 2010 does not have a single section providing for the existence of a land board or management of Land in the City.

However, currently the old Kampala District Land Board, in total disregard of the above fact, is transacting business including allocating land in the Authority and issuing leases on behalf of Kampala Capital City Authority. This is a very grave anomaly.

11. Capital City Contracts Committee

Section 61 of the KCCA provides that there shall be a Capital City Contracts Committee with members appointed by the Executive Director from among Public Officers and approved by the secretary to the treasury. In absence of this committee, section 69 provides that the secretary to the treasury may in consultation with the Permanent Secretary of the ministry responsible for the capital city, allows the Authority to use the services of the ministry responsible for the capital city or another contracts committee the treasury considers appropriate.

In the circumstances therefore, at the moment, Kampala Capital City Authority does not have a contracts committee constituted under sections 61 or 69 of the Kampala Capital City Act 2010. This therefore implies that the public procurement and disposal of public assets currently taking place in Kampala is illegal. And this has very serious legal implications.

12. Capital City Public Accounts Committee

Section 58 (1) provides that there shall be established for the Capital City, a Public Accounts Committee consisting of a chairperson and four other members appointed by the Authority on recommendation of the Lord Mayor and with the approval of the Minister.

The Lord Mayor is yet to recommend members to the Authority for appointment but even if he had, there is no Minister to approve them. The problem with Kampala Capital City Authority leadership is partly due to the fact that both the political and technical leadership at all levels are not doing the first things first. In other words, in Kampala the cart has been put before the horse.

Observations.

Poor Draftsmanship

The Act is full of errors which gives very different meanings to the law, for example; section 82(d) provides that the minister shall in consultation with the Electoral Commission make regulations for the election of the Lord Mayor and Deputy Lord Mayor whereas section 9(2) provides that the Lord Mayor shall be elected by universal adult suffrage through a secret ballot and that the Deputy Lord Mayor shall be appointed from the councilors with the approval of the Authority.

In some sections the Act talks about the “Council” for example section 19 but in actual fact there is no Council to talk about at the level of the Authority.

The Spirit of the Law.

This act was made in bad faith, it is built on the mere fact that one party failed to win elections in Kampala in consecutive elections. The intention was to disenfranchise the people of Kampala and extend the boundaries of the city to Mukono Wakiso and Mpigi.

The law incidentally ended up affecting the untargeted Division Councils more and rendering them redundant. It in addition made decentralization in the City impossible.

However the opposition has its self to blame for failing to prevail over its members who have been the successive Kampala leaders. Corruption, mismanagement and outright stealing of public funds and property by opposition leaning Kampala leaders offered a fertile ground for Kampala take- over. The process was hurriedly done and nobody had time to study this Law.

Not Transitional problems

The most existing problems in Kampala are not transitional, they are deep rooted in the law and the intentions of the people who advocated for the Kampala take over. However well intentioned the current Executive Director is, she cannot run away from the maladministration of the Present Government. A case in point is her U-turn on UTODA issues and her method of frustrating the Lord Mayor who had set off on a good note to fight thugery in the City.

The Executive Director has put up a show with a number of cosmetic activities but in the actual sense there is no real work going on in the city. The Country shall wake up one day to find that we were taken for a ride. Currently the executive Director has sidelined all the former KCC employees who have been subjected to group condemnation. She is working with a pool of “consultants” recruited casually and silently by her and paid handsomely. These young Men and Women all born again Pentecostal Christians are sent on errands in the City on behalf of the Executive Director. In essence the Executive Director is running the City alone while loudly proclaiming that, that is the Position of the law.

Tenders have been given out and big contracts awarded by the Executive Director. How companies are sourced remains a secret. The Lord Mayor is only invited to witness the signing with no say in the deal.

CAUTION

The Kampala Capital City Act 2010 is definitely a very lacking law and cannot be used to cause the desired changes in Uganda’s Capital City. The Idea that Kampala as the Country’s Capital city be given a special status should however be supported. Efforts to deal away with Kampala corrupt leadership need to be supported but it should be noted that Kampala is collapsing due to the work of a well crafted Mafia – racket. The Mafia group is made up of big businessmen and powerful politicians. It shall not be easy to dislodge them but it is worthy starting. It is this group that is believed to have sponsored the Kampala Capital City Act for they had realized that they had run out of tricks to influence elections in Kampala and an anti- Mafia Mayor was in offering.

WAYFORWARD

Clean the existing Legal system of Kampala Capital City Authority by Sponsoring a Petition seeking for the intervention of Parliament in Matters concerning Kampala City and Kampala Metropolitan Authority, with the following prayers;

(i) Setting up of a select committee by Parliament to look into matters surrounding the management of Kampala.

(ii) That Parliament recalls for review the Kampala Capital City Act to address the above anomalies and other contradictions.

(iii) Drop the Sections that put Mukono, Wakiso and Mpigi under Kampala Metropolitan Area and instead give capacity to the said Districts to be able to make plans fit for the neighbors of a Capital City.

(iv) That the President be requested to designate the Minister in charge of Kampala and other officers as provided for under the laws and all leaders be requested to give priority to setting up Kampala Government with all its Departments and Committees before they start on any other work .

(v) That the electoral Commission organizes elections for the remaining lower councils including villages and street committees as a matter of urgency to give the City a full and operational Government.

(vi) That the Executive Director be restrained from holding out as the supreme Governor of Kampala Capital City as these powers are vested in the Authority.

I beg to submit.
Hon Nambooze Betty Bakireke

Phone Hacking Scandal has Exposed the British PM


The British PM faces real challenges because of one single bad decision he made. It may as well take him down because if the phone hacking scandal widens, the coalition could fall. I think that is why UK is keen on bombing Libya in a desperate effort to distract voters against such domestic scandals. Notice that when the scandal broke, the so called Libya ‘contact’ group came up with more shenanigans, trying to remove the scandals from the front pages.

Yes it is possible the government could fold but I understand Labour leader, Mr Ed Miliband, had not performed well until the scandal broke so he may not be ready. It is great to see UK politicians in such a mess. The PM is visiting Africa but he is reeling, and should be. But why are British voters so easy to dupe? I put it to you that this scandal is far greater than anything Mr Blair is accused of about Iraq. This scandal has shown how Britain is corrupt like no other country on earth. It is the mother of corruption period.

The other possibility is that Murdoch’s media empire could actually collapse. It is hard to keep up with developments in the UK. I read the defense of the foreign Secretary but it was all nonsense. He tried to defend the PM but he knows the shit is much thicker and if it continues, the government will fail. How can some-miseducated-African elite then believe anything from corrupt politicians about Libya? It is the case of wagging the tail to deflect serious trouble home.

I want the scandal to escalate in UK so that there is real chaos because those bastards are busy bombing Libya to cover up for their damn sins back home. What the Newspaper did was despicable. The PM is empty upstairs. He cannot come even close to Mr Blair. UK will soon miss Mr Blair.

I was sad to see the Wall Street Journal sold to the Murdoch family. The Wall Street is actually two papers in one: the general paper is not much different from the New York Times. It is the editorial pages that are really conservative. I understand the family of the founders of the Wall Street Journal now has regrets about selling to Murdoch.

The scandal is deep and Mr. Tony Blair must be laughing wherever he is at. A few people will end up in jail and Murdoch may be sued by several people.

Now what standards are British paper teachings the rest of the world. Remember these are chaps who claim to be moralists.

Mr. Murdoch has a lot to lose and must be regretting why he let the hacking go on. I have been reading that it was actor Hugh Grant who taped someone boasting of hacking phone and blew the whistle.

The winners are CNN and other UK papers. The shareholders may do to Murdoch what the board of Directors did to the chairman of the WWW wrestling mania last night when he was about to fire Jon Csena the most popular wrestler. Those who watch wrestling must have seen the drama unfold last night when a new champion was about to be crowned, the chairman postponed the match till next week, then his son in-law walked in to deliver the bad news from the Board of directors relieving him of any day to day duties with the wresting body.

In UK, it is going to be the social democrats to deliver the news to the PM. But all parties are sort of not sure what will happen at the ballot box. Could the PM fail and be replaced by another conservative to lead the coalition without triggering a national election? I feel for British voters who look well. Duped.

How can a criminal like Coulson work for the PM? Is there no vetting in the UK? The impression I get from the scandal is that there is virtually no vetting of personnel for sensitive offices in the UK. I bet you a criminal like Coulson would never enter the White House. The scandal has exposed the UK as a place where crooks can easily move to the never center of government.

It was hilarious to see Murdoch pied. More is to come because the ordinary people are pissed off even as the PM labors to save his job and perhaps coalition. I suspect a lot more is to emerge.

WB Kyijomanyi

Ugandan in New York

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