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Day November 22, 2013

I am now on Annihilation mission if Uganda is to be healed.


VINCENT NUWAGABA

Comrades, brothers and sisters, fellow members of the global human family, fellow Pan Africanists, fellow Ugandans, fellow democrats, fellow Catholics, fellow Ugandans from Western Uganda, fellow Banyankore-Bakiga, fellow Banyabushenyi, fellow Ruhindans, fellow Banya Bitereko, Kanyabwanga, Kashenshero, and Kiyanga, fellow old students of Kigarama Primary School, Kigarama SSS, Kanyabwanga SSS, Bubangizi SSS, Uganda College of Commerce Kabale, Makerere University, Centre for Basic Research where we did post-graduate studies in research and writing skills; fellow human rights defenders – Foundation For Human Rights Initiative (FHRI) members, Human Rights Network (HURINET), National NGO Forum (NGO FORUM), Development Network of Voluntary Associations (DENIVA), Action Aid International -Uganda Chapter, fellow anticorruption crusaders – Anti Corruption Coalition Uganda – ACCU, Uganda Debt Network, Transparency International – Uganda chapter; fellow child rights defenders – fellow members of African Network for the Prevention and Protection of Children against abuse and Neglect (ANPPCAN), fellow memmbers of the umbrella body of child rights defenders – Uganda Child Rights NGO Network (UCRNN), fellow members of the Pan African Club, friends of the Open Society Initiative for Eastern Africa (OSIEA), members of the BLACK Monday Movement and the Citizens’ Coalition for Electoral Democracy in Uganda – CCEDU, members of the media fraternity, the Uganda Law Society, the Uganda Police Force and all other well-meaning men and women of God.

I now have embarked on a journey of annihilation. I will annihilate Foundation for Human Rights Initiative (FHRI) management – that is to say Livingstone Sewanyana because FHRI management means only and only Sewanyana. I will annihilate his driver Allan Semalulu (at FHRI he is called Semalalu, whatever that means), I will annihilate his nephew Elly Kasirye who is attached to the Capacity Development Division headed by a very brilliant lawyer called Alice Nassakka. I will annihilate Rose Kamuli FHRI’s Finance Manager. I will annihilate George Musiisi, attached to the FHRI Legal Services Division. I will annihilate Doreen Namyalo who has caused me all the torment I have gone through since 17th October 2013. If you ask for the details, I will give them. Let nobody lie to you that I attempted to rape Doreen Namyalo on Friday October 18. I was to sleep at Uncle Daudi’s place in Bushenyi town the previous night of Thursday 17. Let Elizabeth Nantamu and my brother January Sunday of Amnesty Commission c/o +256701647434 and +256775422343 give the details. I am not ready to go to Court on 5th December 2013 because Detective Mwesigye under the influence of DPC SP Mbaasa amended the original charge sheet where I was charged with assault and criminal trespass. On the original file the complainant was Allan Ssemalulu and the alleged crimes were allegedly committed on 4th November 2013. On the file under which I was taken to court, the alleged crime was committed on 18 October 2013. My very brilliant lawyer and Brother Asuman Basalirwa, you need to guide me on that. I will only go to Makindye Chief Magistrates Court if the trial magistrate assures me that he will dismiss the stupid charges against me and order for my compensation.

I will only report to Kabalagala Police Station to pick my Bible – the African Bible, my wallet containing my critical documents including but not limited to my Identity Card and all vital documents. I will also go back to pick my SH 50 Million which I was going with to Kyamuhunga at Shwenkuru Silver Banagura’s home to buy land in Butare or Mashonga so that my dear mother could settle. I will go to Kabalagala to pick my laptop, my passport and all academic papers which were in my bag and I was going to keep them at home in Bushenyi. Remember, these documents were recently stolen from me in Wandegeya so as to frustrate me from applying for an IDRC funded PhD at MISR under the wise leadership of Prof Mamdani. Because God gave me a scientific mind, I applied nonetheless and won a scholarship!

Now it is emerging Livingstone who is doing his PhD from Capetown South Africa is scared of me who is starting lectures on Jan 6, 2014 at Makerere University. And therefore, he has confirmed that I committed a capital offense! Imagine a person who wishes me the gallows because I ask him tough questions!

I will annihilate Paul Kihika, Tony Geoffrey Owana and Jane Kasumba of Uganda Broadcasting Corporation and they know the reasons. The torment I have endured at the premises of the national broadcaster is too much to bear. I have even filed a complaint to UHRC and nothing has been done.

I will annihilate Johnson Bahimbise former Officer in Charge Station at Kampala Central Police Station when I was introduced to the hell I have endured up to this day. Imagine the torment I have gone through since April 11, 2008 to date and I am still tormented. Comrades Ssenkumbi Ibin and Simeo Muwanga Nsubuga take note. I will annihilate John Ndunguse who was the PSU commandant for doing a stupid job when I complained before PSU. I will annihilate Robert Magyezi of the Police Legal Unit who claimed was my Brother Alexander Kibandama’s classmate. I will annihilate Kabalagala’s DPC Superintendent of Police Mbaasa and his Officer in Charge Criminal Investigation and Intelligence Division -a Muslim Mukiga lady together with his Officer in Charge Station Cadet Assistant Superintendent of Police (C/ASP) Mugerwa. I will also annihilate another Cadet Assistant Superintendent of Police (C/ASP) attached to Kabalagala Police Station only identified as BRIAN.

I will annihilate Uganda People’s Defence Forces (UPDF’s) Col Felix Kulayigye for dehumanising me from the UBC premises which are public premises by the way.
At Makerere University, I will annihilate Isaac Bakayana of the Law School for dehumanising me in class in 2011. The current third year students can give the details. I will annihilate Vincent Ekwang and Joan school of law registrar. I will also annihilate Paul Omach of the Political Science Department.

In the Red Pepper I will annihilate Johnson Taremwa for defaming me in the Red Pepper of Thursday 20, 2009 a day after I was taken to Luzira after tormenting me from Wandegeya Police Cells. I will not forget to annihilate Musinguzi who in 2009 was attached to Mak and Wandegeya Police and stole my money after shabbily brutalising me. I will annihilate Mission Samuel who was the OC Station of Makerere in 2009 and I will annihilate the woman who was used to lie that I assaulted her thereby earning me a subsequent jail sentence in Murchison Bay Prison. Isaac Egesa of Makerere can attest to that.

In the judiciary I will annihilate James Wambaya and the judge and Registra who dismissed my civil suit 52/2009. I hope I have not forgotten – if it is not 52/2009 then it is 92/2009.

I will annihilate Advocate Robert Kafuuko Ntuyo who accepted my money and messed up my case.
In the first family I will annihilate Justus Karuhanga who messed up my matter when it was being handled by state house. Justus told me to sue the state well aware that they will prevail over the judiciary to mismanage it. I will not spare you Justus.

At Uganda Human Rights Commission I will annihilate Commission Secretary Gordon Mwesigye, Florence Munyarwa, Public Affairs Manager and Roselyn Karugonjo who formerly was director for treaties, monitoring and inspection for all the torment they subjected to me for a full year and the subsequent incarceration in Luzira on no grounds. I will also not spare the gate man Caleb who was used and is now being referred to by FHRI as a police officer.

In Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU), I will annihilate my brother Crispy Kaheru for all the badmouthing he has done against me simply because he fears my brains for we have been together since 2001. I will also not spare Mary Irene Kaboole the current chair of the CCEDU advisory board for defaulting my money first, subjecting me to indignity and humiliation on top of defaulting my money and then running down CCEDU. I started CCEDU; I was arrested from Makerere University on 17th August 2009 when I had gone on a CCEDU assignment. I never witnessed its launch on the 19th August 2009 because I was still in police cells at Wandegeya from where at 3pm I was taken to KCC kangaroo court from where I was remanded to Luzira up to 3rd September by the shameless Grade II magistrate James Wambaya. By the time I came out, I found out that my suit against the government and Butabika’s Tom Onen had been dismissed on 28 August 2009 in my absence! Because God is incorruptible I annihilated Tom Onen without even a phone call. Now he is resting in eternal damnation. All the people I intend to annihilate will go to eternal damnation and I will not even use a single bullet against them. But for sure, I will annihilate them.

Of my close relatives, I will annihilate Julius Mutabazi the current LDC Guild President and my nephew Franco Tumuhimbise the current 3rd year law student at Makerere School of Law but also an officer in the URA for being uncouth and embodiments of everything evil, satanic and ugly. I will spare Sunday January because I am convinced he can learn. I will also spare IGP Kale Kayihura because he is a Mugiri like me and thus my paternal uncle. I will spare Yoweri Museveni because as a Mugahe he must be my maternal uncle. I will however, relieve Museveni and Kayihura of leadership positions. However, I will annihilate Janet Museveni, her daughters and all the people around her who claim to be Balokole. In a number of times I have been conducting studies for Professor John-Jean Barya, Mzee F. Gureeme, the father to Robinah Rwakojo has often used the analogy of a fox to refer to Janet Museveni. Mzee Gureme always remarks that like the Fox which barks from every hill, Janet Museveni backs from every hill and valley in and around Kampala, Mukono, Entebbe and Wakiso to mean that her land and houses are ubiquitous. How she gets the money, she cannot explain. Janet must die.

In the Prisons, I will annihilate Tomy Otim who caned me with his stick 500 times. In the Psychiatric Section, I will annihilate Julius Muroni of Butabika, Kirinya ward for subjecting me to 30 injections which kept me unconscious for three weeks in 2011 but also was used by my enemies to keep me on drugs for the insane when I was a convict in Murchison Bay. I will spare but punish heavily Robert Okuyat for he was under the orders of Muroni. I will spare but punish heavily David Basangwa for his role in subjecting me to police brutality in 2009 when I was on a mission to liberate Gaudence Tushabomwe. I will annihilate Grace Lubale who was the administrator at Butabika and left to join UPDF management. I will annihilate Kireka Ward In -charge Debora of Butabika. I will annihilate all the security guards in Butabika who always held me as Julius Muloni subjected me to life and health killing drugs.

I will annihilate African Centre for the Treatment and Rehabilitaion of Torture Victims (ACTV), East and Horn of Africa Human Rights Defenders Project (EHAHRDP) and Foundation for Human Rights Initiative (FHRI) for mishandling my complaints thereby denying me justice. ACTV acknowledged Tom Onen’s stupid report which declared me insane. FHRI ignored my file and East and Horn of Africa Human Rights Defender’s Project Tabitha ignored my case emphatically insisting FHRI is fully in control. Remember I had been referred to Tabitha by FAHAMU, Frontline Defenders and Amnesty Commission. At home in Bitereko, I will annihilate Bagwagye’s son Naboth for stealing my motor bike yet I had helped him so much.

In the loud-mouthed so-called activists, I will annihilate David Zac Niringiye, Cissy Kagaba, HURINET’S Patrick Tumwine and I will punish people such Richard Sewakiryanga, Godber W. Tumushabe and Arthur Bainomugisha. I will also look for Judy of Land and Equity Movement in Uganda (LEMU) and annihilate is she is still using donor funds. I will also annihilate NOTU leadership and I will annihilate Nordic Consulting Group if Allen Asiimwe and Beatrice are still there.

I will not spare the speaker of Parliament Right Honourable Rebecca Alitwala Kadaga. In 2009 I personally submitted a petition which can be accessed on the website of Ugandans At Heart, she ignored it. I was to be served a jail sentence because I opposed fees increment and wrote a letter to President Museveni which can be accessed online also on this site http://www.africanexecutive.com/modules/magazine/article_print.php?. In 2011, when I attempted to re-submit the same petition, AIGP Andrew Felix Kaweesi blocked us. The right honourable Kadaga knows quite well that university education is now a preserve of the rich, she knows well that the practice in Uganda contravenes section 2 of the Universities and Tertiary Institutions Act but she continues to keep silent. The human rights committee of Parliament chaired by my area district woman MP Jovah Kamateka is impotent. Yet people say Kadaga should be our president! In my view, she is not even fit to be a Member of Parliament.

I will also politically annihilate Major General Kahinda Otafiire who has led Ruhinda, our county since 1994 and there is nothing to show for it. I am ready to represent my county Ruhinda on the Democratic Party Ticket whose principles are truth and justice. I am being scared that Otafiire will rig the election. Let him attempt to do it when we are in the race together. I will call all my supporters in Bubangizi SSS play ground and we conduct a head count. Others will assemble in Kamabare Open Market, others in Kirambi open market, Ikona and Rwenkuriju and all the open grounds. I will use Otafiire’s money for I will deploy my agents in his camp to pick money and tricks. If we are to have elections in 2016 which is highly unlikely, the Ruhinda County seat is for Vincent Vessy Nuwagaba, Democratic Party diehard to win.

Finally, as a fighter I know I have spread the frontline and opened so many wars at the same time. But I am happy, I will win. I am the biblical David and all my enemies are Goliaths. I want justice or death. But if I am denied justice nobody else will get it. Norbert Mao, Rugaba Hussein Kashillingi, Nicholas Opiyo, Asuman Basalirwa and senior human rights advocate Ladislaus Kiiza Rwakafuuzi take note. At least, I will not commit suicide. Not when the Democratic Party is on the verge of capturing political power. I have chosen this line because dialogue has been overly frustrated and I learnt while studying about revolutionary violence that “Dawa ya moto ni moto” (the antidote for fire is fire).

Franz Fanon says colonialism is by nature violence and can only yield if confronted by greater violence. Likewise impunity, dishonesty, pretence and hypocrisy and necessarily synonymous with violence and we must use the same means they use against me if I am to have justice. At least the entire world now knows. There cannot be resurrection without death. Museveni and Sewanyana and his ilk have killed me several times and I have had multiple resurrections. Accordingly, it is not my turn to die. It is the turn of those whose souls died before their bodies to have their bodies dead also so that we can have real paradise here on the Ugandan soil. This annihilation mission is a fulfillment of my Grand Mother Susanna Kirakwende’s (RIP) prophecy of the January 26, 1986 when she told my uncle Gervase Muhumuza a.k.a Karuhinda that once a Muhima captures power he will not leave easily adding that if Democratic Party never captures power, peace, development and justice will continue to delude Uganda. Uganda is God’s chosen country. God has heard the cries of His people and has come to their rescue through the humble, poor Vincent Nuwagaba. May God’s name always be praised. Glory be to the Father, and to the son and to the Holy Spirit as it was in the beginning is now and ever shall be world without end. Amen

Mr Vincent Nuwagaba is a PhD Fellow for the January 2014 intake at the Makerere Institute of Social Research, a human rights defender, a researcher and life member of the Foundation for Human Rights Initiative.
Contact him via vnuwagaba@gmail.com or cell phone +256702843552

Its time Uganda to start the National Reconciliation than fighting each other


By Peter Marco.

For many years Uganda has been on the foot side of many things without and well organised structure to develop and to achieve for its people due to infighting.

The vision of Democracy and Freedom can be hijacked due to lack of National Unity and Reconciliation among people. Uganda must buy a leaf from Egypt where the wish to have the first free elected leader was overpower due to lack of National Unity among different people with different agenda and opinion on how a country can be run.

If the Pro Mubarak and the Muslim Brotherhood had Egypt on their heart they would have left peace to fall as a river and unite for the good of Egypt. But they took themselves first than the Country where civilisation began; they have caused more harm than good in the beautiful land of Pharaoh and the great founders of democracy.

Back to Uganda where tear gas is the order of the day where Kampala Metropolitan Police Commander Kaweesi and Sam Omara are running battles with Besigye, Lukwago, Ingrid,Black Monday group, Bishop Zac, Muyangwa , Mwijukye ,UYD, Nkoba za Mbogo, FDC,UPC, Subbi and other pressure groups in Uganda.
The solution will never be an eye for an eye because it will not work; one Man said that eye to eye will leave the World blind. We got a lot at stack and a big mountain to climb than running around Kampala Business Park chasing each other, fighting and disturbing our people who are just going on with their daily business. The solution must be to reconcile, work together, unite, listen to each other, respect each other, talk and we will find the answer.

Tear gas cost more than the clean hospitals that Ugandans want, good schools, roads, fighting diseases, creates jobs for the youth and promoting agriculture, so much are we ready to spend on it without productive growth it.
You can say that the government has done something to bring people together but it’s too little and not enough because the office of Political Commissar, Political Mobilisation and Ministry of national guidance must do more to reach out to people and the opposition to be on the forefront in some decisions that are being made because even them they represent people in their capacity.
I suggest that National Reconciliation Council to be set up to bring different functions together for a better Uganda and to debate issues that are of National interest. This Council must include all people and must be functioning in the way that our people can see peace and unity than Omara with his tear gas.

When I was listening to Frank-Gashumba after visiting the President he stated that the President is not told what’s going on and sometime is being misled by people near him with their own interest.

But we cannot continue fighting each other while we do have a lot to do and future of your country and the young generation to think about. Let’s address the issue on National Unity by putting Political, Tribal, Culture, Religious difference aside for a better Uganda.
We can talk to each other to find the common solution for a common problem and other challenges that we face because we cannot run or shy away from.

Our neighbour the DRC have announce the reconciliation programme where Former Presidents body can return in order for them to work together for the growth of their country, why not Uganda let’s stop the infighting and tear gas to try to talk to each other to achieve our goals and ambition.
Let’s listen to the Opposition, Pressure groups, Religious leaders, Cultural leaders and other people with views and ideals that can build the country than chasing each other and running battles in Kampala and other parts of the country.

When we are united we will encourage foreign investor, tourist, create more jobs, visitors and increase on peoples income in their household.

If Lord Mayor Lukwago can work with President Museveni and Besigye why not for the benefit of Ugandans and the country at large let it be. It’s better than the revenue that we loss every day in battles and fighting in Kampala

By Peter Marco.

’GET UP AND DO SOMETHING’’-A CALL TO INTELLECTUALS OF AFRICA.


This Article may be annoying but worth reading.
They call the third world the lazy man’s purview; the sluggishly slothful and languorous prefecture. In this realm people are sleepy, dreamy, torpid, lethargic, and therefore indigent-totally penniless, needy, destitute, poverty- stricken, disfavored, and impoverished. In this demesne, as they call it, there are hardly any discoveries, inventions, and innovations. Africa is the trailblazer. Some still call it “the dark continent” for the light that flickers under the tunnel is not that of hope, but an approaching train, millions die and many more remain decapitated by the day.” It’s amazing how you all sit there and watch yourselves die, “the man next to me said. “Get up and do something about it.”

Brawny, fully bald-headed, with intense, steely eyes. He was as cold as they come. When I first discovered I was going to spend my New Year’s Eve next to him on a non-stop JetBlue flight from Los Angeles to Boston I was angst-ridden. I associated marble-shaven Caucasians with iconoclastic skin-heads, most of who are racists.
”My name is Walter.” He extended his hand as soon as I settled in my seat.

I told him mine with a precautious smile.
“Where are you from” he asked.
“Zambia.”
“Zambia! He exclaimed, Kauda’s country.”
“Yes”, I said, “Now Sata’s.”
“But of course”, he responded. “You just elected King Cobra as your president.”

My face lit up at the mention of Sata’s moniker. Walter smiled, and in those cold eyes I saw an amenable fellow, one of those American highbrows who shuttle between Africa and the U.S. “I spent three years in Zambia in the 1980s”, he continued. I wined and dined with Luke Mwananshiku,Willa Mungomba, Dr. Siteke Mwale, and many other highly intelligent Zambians.” He lowered his voice. “I was part of the IMF group that came up to rip you guys off.” He smirked. “Your government put me in a million dollar mansion overlooking a shanty called Kalingalinga. From my patio I saw it all- the rich and poor, the ailing, the dead, and the healthy.”

“Are you still with the IMF?” I asked.
“I have since moved to yet another group with similar intentions. In the next few months my colleagues and I will be in Lusaka to hypnotize the cobra. I work for the broker that has acquired a chunk of your debt. Your government owes not the World Bank, but us millions of dollars. We’ll be in Lusaka to offer your president a couple of millions and fly back with a check twenty times greater. ”

“No, you won’t,” I said. “King Cobra is incorruptible. He is…”

He was laughing. “Says who? Give me an African president, just one, who has not fallen for the carrot and stick.”
Quett Masire’s name popped up.

“Oh, him, well, we never got to him because he turned down the IMF and the World Bank. It was perhaps the smartest thing for him to do.”

At midnight we were airborne. The captain wished us a happy 2012 and urged us to watch the fireworks across Los Angles. “Isn’t that beautiful,” Walter said looking down.
From my middle seat, I took a glance and nodded admirably. “That’s white man’s country,” he said. “We came here on Mayflower and turned Indian Land into a paradise and now the most powerful nation on earth. We discovered the bulb, and built this aircraft to fly us to pleasure resorts like Lake Zambia.”

I grinned. “There is no Lake Zambia.”
He curled his lips into a smug smile. “That’s what we call your country. You guys are as stagnant as the water in the lake. We come in with our large boats and fish your minerals and you wildlife and leave morsels-crumbs. That’s your staple food, crumbs, the small Tilapia fish you call Kapenta is crumbs. We the Bwanas (whites) take the cat fish. I am the Bwana and you are the Muntu. I get what I want and you get what you deserve, crumbs. That’s what lazy people get-Zambians, Africans, the entire Third World.” The smile vanished from my face.

“I see you are getting pissed off,” Walter said and lowered his voice. “You are thinking this Bwana is a racist. That’s how most Zambians respond when I tell them the truth. They go ballistic. Okay. Let’s for a moment put our skin pigmentations, this black and white crap, aside. Tell me, my friend, what is the difference between you and me?”

“There is no difference.” “Absolutely none,” he exclaimed. “Scientists in the Human Genome Project have proved that. It took them thirteen years to determine the complete sequence of the three billion DNA subunits. After they were all done it was clear that 99.9% nucleotide bases were exactly the same in you and me. We are the same people. All white, Asian, Latino and Black people on this aircraft are the same.” I gladly nodded.

“And yet I feel superior,” he smiled fatalistically.
“Every white person on this plane feels superior to a black person. The white guy who picks up garbage, the homeless white trash on drugs, feels superior to you no matter his status or education. I can pick up a nincompoop from the New York streets, clean him up, and take him to Lusaka and you all be crowding around him chanting muzungu, muzungu and yet he’s a riffraff. Tell me why my angry friend.”

For a moment I was wordless. “Please don’t blame it on slavery like the African Americans do, or colonialism, or some psychological impact or some kind of stigmatization. And don’t give me the brainwash poppycock. Give me a better answer.”

I was thinking. He continued.

“Excuse what I am about to say. Please do not take offense.” I felt a slap of blood rush to my head and prepared for the worst.

“You my friend flying with me and all your kind are lazy,” he said. “When you rest your head on the pillow you don’t dream big. You and other so-called African intellectuals are damn lazy, each one of you. It is you and not those poor starving people, who is the reason Africa is in such a deplorable state.”

“That’s not a nice thing to say,” I protested. He was implacable. “Oh yes it is and I will say it again, you are lazy. Poor and uneducated Africans are the most hardworking people on earth. I saw them in the merchandise. I saw them in villages toiling away. I saw women on Kafue Road crushing stones for sell and wept. I said to myself where are the Zambian intellectuals? ” “Are the Zambian engineers so imperceptive they cannot invent a simple stone crusher, or a simple water filter to purify well water for the poor villagers? Are you telling me that after thirty-seven years of independence your University school of engineering has not produced a scientist or an engineer who can make small machines for mass use? What is school there for?”

I held my breath.

“Do you know where I found your intellectuals? They were in bars quaffing. They were at Lusaka Golf Club, Lusaka Central Club. I saw with my own eyes a bunch of alcoholic graduates. Zambian intellectuals work from eight to five and spend the evening drinking. We don’t. We reserve the evening for brainstorming.” He looked me in the eye. “And you flying to Boston and all of you Zambians in the Diaspora are just as lazy and apathetic to your country. You don’t care about your country and yet your very own parents, brothers, and sisters are in Mtendere, Chawama, and in villages, all of them living in squalor. Many have died or are dying of neglect by you. They are dying of AIDS because you cannot come up with your own cure. You are here calling yourselves graduates, researchers and scientists and are fast articulating your credentials once asked-Oh, I have a PhD in this and that- PhD my foot!”
I was deflated.

“Wake up you all!” he exclaimed, attracting the attention of nearby passengers. “You should be busy lifting ideas, formulae, recipes and diagrams from America manufacturing factories and sending them to your own factories. All those research findings and dissertation papers you completed should be your country’s treasure. Why do you think the Asians are a force to reckon with? They stole our ideas and turned them into their own. Look at Japan, China, India, just look at them.” He paused. “The Bwana has spoken,” he said and grinned. “As long as you are dependant and in my plane, I shall feel superior and you my friend shall remain inferior, how about that? The Chinese, Japanese, Indians even Latinos are a notch better. You Africans are at the bottom of the totem pole.”
He tempered his voice. “Get over this white skin syndrome and begin to feel confident. Become innovative and make your own stuff for god’s sake.”

At 8 am the plane touched down at Boston’s Logan International Airport. Walter reached for my hand. “I know I was too strong, but I don’t give it a damn. I have been to Zambia and have seen too much poverty.” He pulled out a piece of paper and scribbled something. “Here, read this. It was written by a friend.”

He had written only the title: “Lords of Poverty.”
Thunderstruck, I had a sinking feeling. I watched Walter walk through the airport doors to a waiting car. He had left a huge dust devil twirling in my mind, stirring up sad memories of home. I could see Zambia’s literati- the cognoscente, intelligentsia, academics, highest grades in mathematics and the sciences and attained the highest education on the planet. They had been to Harvard, Oxford, Yale, Massachusetts Institute of technology (MIT), only to leave us with not a single invention or discovery. I knew some by name and drunk with them at the Lusaka Playhouse and Central Sports.

Walter is right. It is true that since independence we have failed to nurture creativity and collective orientations. We as a nation lack a workhorse mentality and behave like 13 million civil servants dependant on the government pay cheque. We believe that development is generated 8a.m-5p.m behind a desk wearing a tie with our degrees hanging on the wall. Such a working environment does not offer the competition, and the spectacle of innovative rituals. But the intelligentsia is not solely, or even mainly, to blame. The larger failure is due to political circumstances over which they have had little control. The past governments failed to create an environment of possibility that fosters camaraderie, rewards innovative ideas and encourages resilience.
KK, Chiluba, Mwanawasa and Banda embraced orthodox ideas and therefore failed to offer many opportunities for drawing outside the line.

I believed King Cobra’s reset has been cast in the same faculties as those of his predecessors. If today I told him that we can build our won car, he would throw me out.
“Naupena? Fuma apa. ” (Are you mad? Get out of here)
Knowing well that King Cobra will not embody innovation at Walter’s level let’s begin to look for a technologically active-positive leader who can succeed him after a term or two. That way we can make our own stone crushers, water filters, water pumps, razor blades, harvesters. Let’s dream big and make tractors, cars, and planes, or like Walter said, forever remain inferior.

A fundamental transformation of our country from what is essentially non-innovative to strategic superior African country requires a bold risk-taking educated leader with a triumphalist attitude and we have one in YOU. Don’t be highly strung and feel insulted by Walter. Take a moment and think about our country. Our journey from 1964 has been marked by tears. It has been an emotionally overwhelming experience. Each one of us has lost a loved one to poverty, hunger and disease. The number of graves is catching up with the population. It is time to change our political culture and activate-positive progressive movement that will change our lives forever. Don’t be afraid or dispirited, rise to the challenge and salvage the remaining few of your beloved ones.

Hope you got the point as articulated by Walter.

Charles Onyango-Obbo:both the Mayor of London and the Lord Mayor are elected figures with executive powers!


I disagree with Charles Onyango-Obbo in his recent article in the Daily Monitor on the link below.Jennifer Musisi has not achieved whatever can be legitimately attributed to her due to her compentence; she’s has been facilitated and enabled by President Museveni, in order to paint Mayor Lukwago as incompentent, and therefore, unfit for the office.

http://www.monitor.co.ug/OpEd/OpEdColumnists/CharlesOnyangoObbo/Jennifer-Musisi-Lukwago-who-would-you-want-to-run-your-city/-/878504/2080528/-/m819cp/-/index.html

In fact, Museveni fulfilled this prophesy by his government-appointed Tribunal that gave him the conclusion he had set out with originally.

Onyango-Obbo is also referencing to the Nairobi City Council, and applauds its management acheivements. Apparently, Charles does not know the history of NCC under President Moi in the 1980’s.

Like Museveni is on Lukwago and Baganda, Moi set out to frustrate and eventually removed Mayor Nathan Kahara for fear that Kahara’s Kikuyu tribesmen were gaining wide economic clout in the city.

Moi had his Local government minister, Moses Mudavandi dissolve the City Council, and named a Commission to run it. The Commission was packed with Moi loyalists.

Lukwago’s fate is a sad commentary of how low Museveni has stooped in his phobic war with Baganda. If Onyango-Obbo still believes that Lukwago simply failed to make an impact in managing Kampala, then his ear must not have touched the ground.

Edward Pojim
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Obbo has written tongue in cheek. What he describes about London is wrong. Please see below a brief description of the role of the Mayor of London, as distinguished from that of the Lord Mayor of the City of London. The City of London is one of 32 boroughs that make up London City or Greater London. The City of London is therefore governed just like any other borough of London. Its elected leader is called Lord Mayor, just like all other boroughs of London, except these other boroughs don’t use the prefix “Lord”. Lewisham where I live has its own Mayor.

The Mayor of London on the other hand is the executive Mayor of all London, including the City of London. He stands above all of the other 32 Mayors including the Lord Mayor. He is an Executive Mayor and his roles are the following :

Mayor of London – role

The Mayor’s role as the executive of the strategic authority for London is to promote economic development and wealth creation, social development, and the improvement of the environment. The Mayor also has a number of other duties in relation to culture and tourism, including responsibility for Trafalgar Square and Parliament Square.

What can the Mayor do?

The Mayor has a range of specific powers and duties, and a general power to do anything that will promote economic and social development, and environmental improvement, in London. Before using many of his powers the Mayor must consult with Londoners, and in all cases, the Mayor must promote equality of opportunity.

The Greater London Authority Act 2007 supplemented and updated the GLA Act 1999 and granted some additional powers to the Mayor of London and the London Assembly.
Setting strategies for London

The Mayor sets out plans and policies for London covering transport, planning and development, housing, economic development and regeneration, culture, health inequalities, and a range of environmental issues including climate change, biodiversity, ambient noise, waste disposal and air quality.

These individual plans fit together to help deliver the Mayor’s policies. Between them, these plans must also contribute to sustainable development and the health of Londoners.

Planning and housing

The Mayor’s Spatial Development Strategy – the London Plan – sets out the policies for new building and land use in London. London boroughs must refer their local development plans and any major planning applications to the Mayor. The Mayor is responsible for London’s housing strategy, and for the annual regional housing budget.
Funding services for London

The Mayor sets the annual budget for:

-the Greater London Authority
-the Metropolitan Police, who provide policing in the capital, under the oversight of the Metropolitan Police Authority
-Transport for London, which is responsible for London’s buses and the Underground, manages river services and some light rail services, maintains London’s main roads and regulates London’s licensed taxi and private hire services
-The London Development Agency, which works with business to sustain and improve London’s role as a business centre, while increasing economic opportunity for all Londoners
-London Fire Brigade, which responds to fires and promotes fire prevention, under the oversight of the London Fire and Emergency Planning Authority.

The Lord Mayor of the City of London does not have any of these powers that the Mayor of London has got. What makes the City of London stand out is that it house the “Square Mile”, which is the area where most of the UK’s and in fact world financial services are located.

The roles of Musisi as Executive Director, and Lukwago as Lord Mayor can not therefore be compared to the arrangement in London, because both the Mayor of London and the Lord Mayor of the City of London are elected figures with executive powers, unlike Lukwago who has got only ceremonial powers or very limited executive powers. Secondly, the roles of the Mayor of London and the roles of the mayors of the 32 London boroughs are clearly defined in law and so there is no clash of any nature. Each of these 32 boroughs, including the City of London also elect members to represent them on the London Assembly. A good example to give you a take of the separation powers and differences are emergency situations regarding terrorist threats even inside the Square Mile. It is the Mayor of London responsible for it, not the Lord Mayor.


George Okello

If we go by Hon. Lady Justice Bamugemereire’s evaluation of evidence for the establishment of a primafacie case, then we will open a can of worms


Folks,
You, who are bashing the Honourable Justice Catherine Bamugemereire, have you read the report in total? Do you know what ‘prima facie case’ means? She has not adjudged that Mr. Erias Lukwago is guilty; neither has she held that he be removed from office- she executed her duties with admirable integrity and in an expeditious manner. Politicians should stop bashing the bench- when it rules in their favor, all of a sudden it has admirable qualities. Against them, it is rotten, political, etc. man up! Hire good lawyers for instance, not political actors camouflaging as such.

Our public should also be pro active; the report has been on line since it was released. Their press should have published it in full- though World Cup qualifiers seem to occupy most pages; tellingly.

Every person who is convicted or acquitted by the Courts of Judicature in Uganda, goes through a process where the prosecution has to prove there is on the ‘face of it'(prima facie) bearing in mind the evidence on the file, a case to answer. After that initial step, the person is subjected to a full trial to determine his innocence or guilt. A finding of a prima facie case does not mean one is guilty. I hope that helps.

Justice is a virtue. So is truth. If you look at the evidence tabled before the Justice, I wonder what she should have arrived at other than her conclusion that on the face of it, the Lord Mayor had indeed abused his office and not carried out the duties he was meant to carry out competently. The truth therefore undid Mr Lukwago. People should take the time to read the report before they render an opinion.

In the report she duly clarified on the issue some of you have brought up on UAH and in her opinion the Act phrases the offenses in criminal terminology. The proceedings are of a civil nature. The purpose of the tribunal was to investigate and not prosecute the Lord Mayor. However, I daresay, there are endless possibilities open to Lukwago and his ilk to seek redress even after the impeachment. Cue, Theodore Ssekikubo and Niwagaba’s appeal process.

if there is one thing the tribunal emphasised then it is the positivist school of law idea that, ‘the law is what it is not what it ought to be.” the failure of LORD MAYOR as found by the tribunal could be attributed to several factors not of his own making but then the result was that he failed. And that is what the tribunal pointed out. Now I don’t think it wise to say that because the president or any other person has failed in their duties and are still standing, lukwago should not be brought to account. As selective as it seems, it is important that he was asked to account.

Mai

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‘prema facie’ means on the face of it. For example, if you see a pregnant woman you cannot ask her if she is pregnant yet the evidence is there. So please ‘prema facie’ means the evidence that you can see with your open eyes. Please revisit your law books again.

Justice is a virtue, and it is possessed in the senses of every human being. You and I know that provisions in the law for removal from office are reserved for the rarest occasions. for example, the same provisions appear in the constitution for removal of a sitting presidency, inability to perform the functions of the office, incompetence, abuse of office, etc. If you go by Hon. Lady Justice Catherine’s evaluation of evidence for the establishment of a primafacie case, then you will open a can of worms, unless of course such provisions were only written to be read to the members of opposition. It is easy to blame the opposition because it doesn’t matter how careful they trade, they are bound to be found on the wrong side of the law.

There were no circumstances warranting invoking the said provisions, if you read the Watergate scandal, you will find that almost in all cases which warrant removal from office, criminal prosecution must follow, if indeed lukwago had abused his office, the judge would have included a recommendation to forward his file to the DPP for investigation and prosecution. Equally so, since the allegations connote criminal elements, she should never have evaluated the evidence on an ordinary balance of probabilities.

For example, on incompetence, the evidence that was adduced was failure to convene meetings, but there were conflicting accounts of meetings convened and boycotted.

The common law position is that once the facts disclose criminal tendencies, the burden of proof must be slightly higher than a mere balance of probabilities. This is well stated in the law textbook called “learning the law: Prof. Glaniville william”. See also sexual offences, proof of paternity, and it’s the same reason used in election petitions.

Almost all the grounds that the Councillor relied on ought to have been particularized, for example, they should have pleaded the particulars of facts constituting abuse of office in the petition and not wait for the tribunal to fish them in the body of evidence. I also think it was wrong for the tribunal to constitute itself into a Trier of fact as opposed to a tribunal of inquiry into the conduct of the office of the mayor and that’s where the theory of a primafacie case becomes defeatist. You do not establish a primafacie case after listening to the evidence of the accused. It must come before. The point is that if before choosing to hear the lukwagos, her lordship had subjected the evidence and accusations of the councillors to the test of a primafacie case, she would have found no case to answer.

The government (read minister of trade) is incompetent and should be blamed for the tax fiasco. The government conceded in parliament that a review of the tax regime (in particular to UTODA or taxi) needed urgent review. The minister even promised parliament that she is going to suspend the SI “immediately” but she did not. Taxes ones paid to government are not refundable. A tax payer can have that credited to his account but that’s only if every tax payer has an account. In the circumstances, the politician in Lord Mayor told him some action is needed which the minister has reneged on. Legally one can fault Lord Mayor for not adhering to the letter of the law. But taxes are the lynch pin of a political economy. Courts (or tribunals) should be aware of the politics and economy and that’s why the Supreme Court held against Kiza Besigye petition in 2001. Never should courts look at issues in purely legal lenses otherwise a single ruling can trigger unthinkable chaos.

I like how lawyers know how to hide simple issues in layers and layers of long-winding-statements and old Latin! Who can’t see what is happening??? Why now? Has the top echelon suddenly developed “feelings” for the people of the city after watching for 2 decades Individuals who by any standards are more incompetent, negligent and/or ignorant than the (soon to be booted) Lord Mayor! Let’s keep this as political as it should be, arguing the law in a plain-to-see will cause us to think “who cares about the law after-all!!!

I therefore disagree with the analogy of ‘prima facie’ case in criminal trials obtaining in your arguments. The process after the prima facie case in the tribunal finding will entitle the KCCA to constitute to begin impeachment process. That process does not require any law or evidence as opposed to criminal trials. The councillors will vote basing on whims (perhaps political) and not law or evidence. Anyway, I think the spirit in which the tribunal was appointed was so bad and does not set a good precedent for our country. The KCCA has never been constituted and the minister had never bothered to have it fully constituted. Why now???? What was so hard with that two years running? Now, the last four councillors they have elected are all from western Uganda as if other regions don’t produce professionals. As such, I cannot make any value criticism of the tribunal of fact or law headed by Justice Bamugemereire because of its inception.

I do not think that the mayor is incompetent, he is educated, knows the law and meets all the requirements for the office but most importantly he was elected by the people. He never abused office; did not embezzle any money and did nothing outside his mandate. I even have a feeling that the report was not authored by the judge; it contradicts itself in several material particulars. But anyway who cares, we have new councillors none of whom resides in Kampala and all westerners!

H.OGWAPITI

THE LAW IS ON LUKWAGO’S SIDE!


Prima facie means “on the face of it”. It is a cursory or initial judgement that is reasonable to make without having carried out a detailed examination. For eg, Ofwono Opondo is seen entering Karanga’s house in the middle of the day and a few minutes later is seen running away, covered in blood. Karanga is then discovered stabbed to death the next day. Now this is prima facie evidence that may lead to the conclusion that Opondo is the murderer of Karanga: The fact that he is seen entering the house, the fact that he spent a few minutes there, and the fact that he is seen covered in blood while running away.

But if you subject this evidence to more detailed examination or inquiry, you may well reach a totally different conclusion, for eg self-defence, or that Opondo intervened in a fight between Karanga and some other assailant, or that Opondo was trying to take the rap or cover up for his sister, Karanga’s wife, who had earlier phoned him and confessed she had stabbed her husband to death. There are so many other possibilities, including one that the man may have been dead already by the time Opondo stabbed him, so technically no offence of murder would have been committed.

I think some people are attempting to argue that there was a “prima facie” case against Lukwago ; there was some evidence produced to show that Lukwago did not convene meetings or sign off minutes, but the crucial issues here are 1- Whether the evidence presented against Lukwago was sufficient to establish a prima facie case of incompetence, or abuse of office; and 2, Whether Lukwago sufficiently rebutted the prima facie evidence on a balance of probabilities. Certainly, reading from the judgement, it is clear that the judge made an error because the prosecutor in the case did not adduce evidence that would support all of the elements of the offences with which Mr Lukwago is charged.

On the contrary, I think in rebuttal, Mr Lukwago did adduce several instances of deliberate obstruction by KCCA officials, making it difficult or impossible for him to perform his duties. There were doubts raised about Lukwago’s competence and fiduciary responsibilities or lack thereof, but not sufficient, on a balance of probabilities, to make a definitive and affirmative verdict of guilt.

George Okello

Hon Justice Amos Twinomujuni is especially remembered in the trial of the trial of Bob Astles


twino2I am so sorry to learn about the death of Amos Twinomujuni. I knew him well, both personally and professionally. Twino, as he was known, was a lawyer with outstanding intellect and acute forensic mind. He is the best prosecutor I have ever seen in action in Uganda. He raised the bar of criminal prosecution to a level that would have graced any of the criminal courts of the UK.

I first got to know Twino when I was a student at the Law Development Centre and I went to do my legal practice internship at the High Court as a clerk to the late Justice Ouma. I was the only LDC student working at the High Court at that time and that gave me a unique opportunity to do research for Justice Ouma and as well as Chief Justice Manyindo, both of whom were trial judges in all the major criminal trials brought against the officials of the fallen dictatorship of Idi Amin who were arrested after his overthrow and charged with offenses such as murder, kidnapping, abduction, torture, robbery, rapes, among others. These included Nasur, Bob Astles, Obura and others. These were seminal criminal cases that tested the newly re-constituted Uganda’s commitment to the rule of law.twino

There was great interest in Uganda and even internationally to see all these high ranking members of the Amin regime put on trial, and significantly, Twino, who was the Deputy Director of Public Prosecutions, personally took on these cases himself. This in itself was rare, because hardly would one see the Deputy DPP personally prosecuting cases.

I watched in absolute awe and admiration, especially the trial of Bob Astles from beginning to end. The tussles that Twino had with the late George Ayigihugu, who was the main defence counsel in a majority of these cases, were very educative to me as a law student. In the Astles case, he was represented by two English QCs. In fact, I think the standard of both the prosecution and the defence in these post-Amin murder trials was so high that they have never again been replicated in Uganda. Never again in Uganda can you witness a lawyer at the top of his brief. Never again can you see a lawyer make a closing speech lasting three days that it took Twino to close his case against Bob Astles.

Bob Astles was acquitted against the odds by Justice Manyindo, because there was no direct evidence linking him to the murders ordered by Idi Amin (the same likelihood in the trials of Kenyatta and Ruto at the ICC). I learnt a lot about criminal prosecutions from Twino, just by watching and observing him, a master at work, displaying a phenomenal capacity to absorb humongous amounts of information and even the tiniest of data. Twino would recall these all with ease.

Later on, I was to work under Twino when I joined the DPP’s office as State Attorney, reporting directly to him. Again there, his commitment to the administration of criminal justice was palpable and despite all of the challenges of reforming the department after the ravages of the Amin years, he still took on the huge challenges with energy and determination. We had a very huge back-log of cases to prosecute, some had been lying on files for years, and many of these we tried toclear, with some success.

Later, after I left the Department, I heard he had been seconded to the LDC to replace the long-serving, Mr Philip Iya, as Director and subsequently was appointed as a judge.

In him, Uganda has lost a great lawyer and scholar, a person who served the legal profession with distinction in various roles, first as public prosecutor, then as academician and professional tutor of lawyers and finally as a judge.

I wish his family well at this difficult time. Those of us who knew him will always remember him as a dedicated professional who was true to his calling.

George Okello
UAH member in London

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