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Electoral Commission should give guidance on the fate of 2021 Elections

Mr. Deus Mukalazi

By Mukalazi Deus Mubiru

The unprecedented Covid19 control measures that included suspension of public meetings like political rallies, conferences and other related meetings, disrupted the core activities of the Electoral Commission (EC). Road map activities which include display of tribunal recommendations for deletion or inclusion on the National Voters Register (NVR), gazetting and publishing of candidates’ nomination dates and venues, Elections of Special Interest Groups (SIGs), including older persons, Persons with Disabilities (PWDs) and youth at village and parish levels and internal political party candidates identification processes.

The EC is yet to come out with an official communication regarding the road map. Separate decisions regarding the suspension of the SIG elections have been haphazardly communicated through the press but a visit to the EC website shows little or no activity. No formal statement was ever issued by the EC regarding the road map. One would therefore be right to assume that the road map still stands.

An article published in the Daily Monitor of 15th May 2020, says the EC at the moment cannot tell whether the country will go to polls in February 2021 or not. The article quotes the EC Secretary Mr. Sam Rwakoojo saying it would be speculative to tell when this virus is going away and that the EC has not yet come up with the dates of resuming the roadmap although EC admits it is not too late and insists the elections that were affected will have to take place.

Whereas the EC has come out to offer this anecdotal guidance, it’s important to note that it’s not enough. EC should not wait for the press to go them nine weeks after the lock down to be able to say something. An official statement ought to have been issued and periodic updates given depending on the situation. The continued silence and lack of official guidance by the EC just helps to confuse the citizens more. This confusion is not helped by calls for extension of elections to 2023 as was proposed by the two East Africa legislative assembly members, Dennis Namara and Paul Musamali. President Museveni also recently said it would be madness to think of holding elections in January.

According to the roadmap, nomination of candidates for Local Governments was slated for 20th July 2020. Nomination of Candidates for Parliamentary elections is August 12th, 2020, about 88 days from now. Its important to note that as per Section 116(5) of the Local Government Act, civil servants and public officers wishing to contest for elections as guaranteed by the constitution under Article 38(1), must have resigned their offices at least thirty days before nomination day in accordance with the procedure of the service or employment to which he or she belongs. Article (4)(2) of the Parliamentary Elections Act has a similar condition of ninety days for those intending to contest for parliamentary conditions. Although there is still time for local government aspirants, parliamentary aspirants working with government agencies should have resigned their positions on 13th May to fit within the 90 days requirement. Such scenarios call for constant revision of the road map, so citizens are not caught off guard and unfairly stripped of their right to contest for leadership.

The current uncertainty of covid19 notwithstanding, and there is no guarantee anything will get certain in their near future, given that the EC activities have a far bearing implication on our constitutionalism, it’s important for the commission to constantly engage the citizens and keep them updated because elections are at the centre of our democracy and Article 1(4) is clear on how people shall exercise their will and consent on who shall govern them and how they shall be governed , through regular, free and fair elections. This is one of the provisions of the constitution that can not be amended without a referendum as per Article 260(2)(b).

Any talk about extension of the elections must take into consideration what our laws say because covid19 aside, we must follow the law and our constitutional provisions regarding how to handle such a situation. At the moment, without a state of emergency, there is no reason why the EC should not be exploring alternative ideas on how to hold the elections to avoid a constitutional crisis. Section 50(1) of the Electoral Commission Act gives the EC special powers in situations including emergencies, by particular or general instructions, extend the time for doing any act, increase the number of election officers or polling stations or otherwise adapt any of those provisions as may be required to achieve the purposes of holding elections. It’s time for EC to step up and provide guidance as mandated by the Constitution and other relevant laws of Uganda. Silence is not helping matters at all.

Research Associate, Democracy and Rule of Law

Great Lakes Institute for Strategic Studies (GLISS)

deusmukalazi@gmail.com

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Hundreds storm Pr. Senyonga’s church demanding for food relief

pastor Senyonga

Several people have stormed Christian Life church this evening demanding for relief food that was being given to members and people in neighboring areas of the church.

Pastor Senyonga the senior Pastor at Christian life church Kavule Bwaise gave out relief food to members of the church and other people from around. Over 10,000 people have received 5Kgs of maize flour, 5kgs of beans, a bar of soap, a basin and 1kg of sugar.

However, many people from neighboring areas and those by passing when they heard that food was being given to people at Christian life church, they came and gathered demanding to be given food too.

According to some of the people that Eagle online talked to, they came with the hope of getting relief food, but to their dismay, they were chased by the police stopping them from accessing the premises telling them that food was over.

The church official who preferred anonymity informed this website that they were giving out food to people who were given coupons. However, many people even those with no coupons showed and they also wanted food yet the items given out were on plan.

According to Michael Mubiru a church official, they have a plan of giving out relief food next week to the people who missed out the chance of getting food.

Abdu Musoke a resident of Bwaise says he was given a coupon and he came hoping for relief food but when he reached he found they were not allowed to enter. The police told them the food over.

He says they planned poorly, because if they had planned for the coupons given out. How come, there were many people with coupon who did not get food.

Imelda Ssonko a church member who missed out says that she was informed by the neighbor who saw many people receiving food and when she came, she found the police stopping people and telling them that food is over.

Ahmed Semakula a resident in Kavule told Eagle online that for him he appreciates pastor Senyonga for the food he gave out, even if he did not get food, saying that he has done his best and he could not manage the big numbers of people who showed up.

Sarah Ndagire a church member and a resident of Bwaise says she really had hopes of getting food because she is going through hard times of starving since she never received food when government was giving out relief food because it found her attending to her daughter in the hospital.

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MPs start move to amend BoU Act today

Bank of Uganda

MPs will this afternoon debate a motion seeking to amend the BoU Act.

Key among the proposed amendments to the BoU Act is a clause to trim the powers of the Governor and Deputy Governor.

World Bank last year demanded that the BoU Act be amended to reduce the powers of the Governor and Deputy Governor.

Some other reforms were also proposed by Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (Cosase).

The Committee faulted Bank of Uganda officials over the closure of seven banks, including Crane Bank which was the largest commercial banks then.

Debate on the proposed BoU Act will re-ignite calls by the World Bank to punish BoU officials over the closure of Crane Bank

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Letshego Uganda Limited’s Position on a Story Carried by the New Vision Newspaper Under the Headline “5000 Teachers, Policemen Cheated in Loans Scam”

Regarding the article in the New Vision newspaper of Thursday 21st May 2020 titled- 5000 teachers and policemen cheated in Loans Scam where it is alleged that Letshego Uganda customers (teachers and policemen) are fraudulently compelled to refund money lent to them is UNTRUE.
In 2015, through our branches, we received complaints related to loan disbursements where applicants from districts like Iganga, Jinja and Luwero were raising queries pertaining to deductions being made from their salary and yet they hadn’t applied for the loan (s).

Letshego reported a case at Jinja road police station, vide Police Ref/CRB2979/2015 and Gef 29/2019. Letshego continues to cooperate with the Police to ensure these cases are logically concluded.

We wish to emphasize that Letshego is the victim because it is the institution that lost money and not a beneficiary of the fraud.
At Letshego, we are bound by Customer Protection guidelines issued by UMRA (Uganda Microfinance Regulatory Authority) which embody transparency and integrity. We cannot cheat customers who we open doors every day to serve and the ONLY reason we exist.
For any further clarity, reach out to:
Roger Mugisha- Head of Corporate Communications Letshego
Mob: 0786-590859
Email: rmugisha@letshego.com

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Kampala Parents opens Online school for all

Pupils of Kampala Parents who scored aggregate 4 celebrate their results at school.

Kampala Parents School has opened an Online school for all it’s pupils.

Online classes for P.6 and P.7 will begin on 26th May 2020.

Other classes will begin on 29th May whole Top class begins on June 4th

President Museveni closed schools to contain the spread of Covid-19.

In April this year, KPS offered to take primary seven pupils back to class on NTV Uganda through live lessons at a free cost until the end of the lockdown. The lessons are aired from Monday to Friday starting at 11:00 am to 12:00 pm, and on Saturdays- 8:00am to 9:00 am.

 

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Court temporarily reinstates embattled Jinja RDC Sakwa

Sakwa and Jinja West MP, Moses Grace Balyeku
Sakwa and Jinja West MP, Moses Grace Balyeku

 

The High Court at Jinja on Wednesday, May 20th issued an interim order reinstating the embattled Jinja Resident District Commissioner, Erick Sakwa.

In a May 4, letter signed by the Secretary in the Office of The president, Hajji Yunus Kakande, Sakwa interdicted and ordered to hand over office to the District Internal Security Officer, Fred Musoke.

He was interdicted to pave for investigations into the manslaughter and robbery charges that he is currently battling in court.

Sakwa who continued with his work after receiving the interdiction letter, one day found his office locked.

The RDC ran to court seeking stoppage of his eviction and challenging his interdiction.

In a Wednesday court order, the Deputy Registrar of the High Court at Jinja, Fred Waninda ordered that Sakwa should remain in office until the main case in which he challenges his interdiction is disposed of.

“An interim order is hereby issued restraining the respondents or their agents from evicting the applicant from office of RDC Jinja district or from anyway interfering with his job, work and functions as RDC or from and his emoluments accruing to his office as RDC pending the final disposal of the application for a temporally injunction,” reads the interim order.

Sakwa on Wednesday May 13, 2020 filed an application in which he sought a judicial review, challenging the manner in which he was interdicted.

Judicial Review is the remedy under which a person dissatisfied with an administrative decision proceeds to challenge the same before the Court of competent jurisdiction. This is provided for under Article 42 of the Constitution and the Judicature Act.

In Judicial Review applications, the aggrieved citizen challenges not the decision but the procedure and manner in which the same was arrived at.

In his application where the Attorney General, William Byaruhanga and the Secretary to the Office of the President, Hajji Yunus Kakande are the respondents 1 and 2 respectively, Sakwa is praying for cancellation of his interdiction from office issued by 2nd respondent.

According to the application, Sakwa also challenges the procedure Kakande purported to follow.

In the affidavit, Sakwa says he is a political appointee and not a civil servant to whom the public service standing orders, which the 2nd Respondent quotes in his interdiction letter apply.

He further asserts that he is specifically governed by terms of service disclosed in his instrument of appointment under the provisions of the Local Government Act.

That even the manner in which Kakande’s interdiction letter was delivered to him was anomalous and strange. He recalls that on Friday 8th May, a stranger served the interdiction letter unto him just outside his offices at Busoga square.

He says the manner in which he was interdicted contradicts the rules of natural justice because he was never heard prior to it.

Sakwa contends that Kakande, as Secretary in the Office of the President, can only interdict him on the directive of the President who appointed and made him RDC Jinja.

He also asserts that the May 4 interdiction letter does not disclose anywhere that it was authored on orders of President Museveni or in consultation. Sakwa bases on this to term it as a nullity which he wants court to quash and have him fully reinstated.

There is unverified information circulating alleging that the appointing authority has ordered the line minister to give Sakwa a 2-month leave.

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Jinja DISO Musoke Fred, RPC Paul Nkore summoned to court over abuse of office

ACP-Paul Nkore

 

The Chief Magistrates court at Jinja has served Jinja District Internal Security Officer Musoke and Kiira (Jinja) Regional Police Commander Nkore with summons

The duo was dragged to the court by the embattled Jinja Resident District Commissioner (RDC), Joseph Eric Sakwa.

Through his lawyers of Nyote & Co. advocate and Alaka & Co. advocates, Sakwa challenges the manner in which Nkore arrested him

Sakwa further accuses Nkore for ‘unlawfully’ trying to confiscate his official car and he jointly accuse him (Nkore) and Musoke (the DISO) for unlawfully locking down the office of the RDC last week.

We have established that when Sakwa was interdicted on May 4, he was ordered by the Secretary in the office of the president to handover office to the DISO. Days later, Musoke (DISO) and Nkore (RPC) allegedly locked up the RDC’s office, blocking Sakwa from accessing it yet he had filed an application in court challenging the interdiction.

In the summons dated May 18 and served to the two respondents, court has given then 15 days to file a written defence.

“Wereas the plaintiff has filed a suit against you particulars of which are contained in the copy plaint attached hereto.

You are requested to file a written statement of defence in 15 days from the date of service of this summons on you,” read the summons seen by Eagle Online.

The court further warns the duo that should they fail to file a defence within the said fifteen days, the consequences would be that the court will proceed to determine the case in their absence.

Sakwa was on Wednesday, May 20th reinstate in office by the High Court at Jinja in an interim order r issued by the court deputy registrar, Fred Waninda until his case in which he challenges his interdiction is determined.

In a May 4, letter signed by the Secretary in the Office of The president, Hajji Yunus Kakande, Sakwa was interdicted and ordered to hand over office to the District Internal Security Officer, Fred Musoke.

He was interdicted to pave for investigations into the manslaughter and robbery charges that he is currently battling in court.

Sakwa who continued with his work after receiving the interdiction letter, one day found his office locked.

In a Wednesday court order, the Deputy Registrar of the High Court at Jinja, Fred Waninda ordered that Sakwa should remain in office until the main case in which he challenges his interdiction is disposed of.

“An interim order is hereby issued restraining the respondents or their agents from evicting the applicant from office of RDC Jinja district or from anyway interfering with his job, work and functions as RDC or from and his emoluments accruing to his office as RDC pending the final disposal of the application for a temporally injunction,” read the interim order.

He is now taking on Nkore and Musoke as individuals for their actions which to him were illegal/unlawful.

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Hearing of embattled Jinja RDC Sakwa’s application for judicial review kicks off today

RDC Eric Sakwa holding a diary being escorted to police.

 

The High Court in Jinja is set to commence on the hearing of an application filled last Wednesday May 13, 2020 by the embattled Jinja RDC, Joseph Erick Sakwa in which he sought a judicial review, challenging the manner in which he was interdicted on May 4. The hearing started today at 11:00am.

Judicial Review is the remedy under which a person dissatisfied with an administrative decision proceeds to challenge the same before the Court of competent jurisdiction. This is provided for under Article 42 of the Constitution and the Judicature Act.

In Judicial Review applications, the aggrieved citizen challenges not the decision but the procedure and manner in which the same was arrived at.

In his application where the Attorney General, William Byaruhanga and the Secretary to the Office of the President, Hajji Yunus Kakande are the respondents 1 and 2 respectively, Sakwa is praying for cancellation of his interdiction from office issued by 2nd respondent.

According to the court papers seen by Eagle Online, Sakwa also challenges the procedure Kakande purported to follow.

In the affidavit, Sakwa says he is a political appointee and not a civil servant to whom the public service standing orders, which the 2nd Respondent quotes in his interdiction letter apply.

He further asserts that he is specifically governed by terms of service disclosed in his instrument of appointment under the provisions of the Local Government Act.

That even the manner in which Kakande’s interdiction letter was delivered to him was anomalous and strange. He recalls that on Friday 8th May, a stranger served the interdiction letter unto him just outside his offices at Busoga square.

He says the manner in which he was interdicted contradicts the rules of natural justice because he was never heard prior to it.

According to his application, Sakwa contends that Kakande, as Secretary in the Office of the President, can only interdict him on the directive of the President who appointed and made him RDC Jinja.

The May 4 interdiction letter does not disclose anywhere that it was authored on orders of President Museveni or in consultation. Sakwa bases on this to term it as a nullity which he wants court to quash and have him fully reinstated.

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2021 POLITICAL WATCH: Diini Kisembo poses threat to Kyaligonza seat

Dr. Kisembo

 

 

Diini Kisembo, a medical doctor by profession is a Young Turk from the Bunyoro sub-region who is into philanthropy. He is seeking the coveted vice presidency seat on the Central Executive Committee (CEC) for Western region, the second highest organ of the NRM party. But can he upset the applecart and send the incumbent Maj Gen Kyaligonza Matayo packing?

Many of those we spoke to claim that it’s not out of reach for Kisembo to clinch the seat from the bush-war commander who is currently Uganda’s ambassador to Burundi.

“He is quite popular and his community outreach programmes have touched the grassroots and helped the underclass,” revealed John Mugisa a resident of Kagadi town.

Matayo Kyaligonza has served two terms as a member of CEC and he was thrust in the crosshairs when he threatened to slap Odrek Rwabwogo, a businessman who sought his seat in the last election.

With pressure mounting, Kyaligonza was unopposed after Rwabwogo and Hakeem Lukenge pulled out of the race in 2015.

At a strategic level, Kisembo believes that youthful candidates have the ability to traverse the country and put in practice poverty alleviation programmes.

“He has tried to engage youths in income generating activities and countered the people power groups in Bunyoro,” revealed Peter Asera who lives in Kagadi.

Under the Bunyoro Kitara Youth Initiative for Development, an association he started, many youths have been enrolled into Agriculture.

As the corona pandemic spread across the world and as it began to set foothold here in Uganda, Dr Kisembo rushed to various radios across the country asking locals to enforce preventive measures such as social distancing.

His campaign dubbed ‘I am safe my neighbour is not’ gained traction with locals across the country.

Kisembo has participated in public interest litigation when he filed a suit in the High Court against the Attorney General in 2012. Under Health Watch Uganda, an NGO he runs, Kisembo demanded that government offers treatment centres for nodding syndrome children and provides welfare to the victims of this ailment.

In its civil suit, the organisation alleged that the defendant government violated the right of children of Kitgum, Gulu, Pader and Lamwo districts as enshrined under articles 22 and 45 of the Constitution.

The organisation sought a court order directing the government to put in place adequate effective facilities to treat and control the spread of nodding disease in affected areas. Kisembo’s appeal cuts across the spectrum and he is quite popular across the four regions and amongst the youths and elders.

He also sued government over the compensation of locals who are residing at Bukasa, where an inland port will soon be constructed.

The government has since then earmarked shs 15bn to commence compensating residents of Bukasa in Kira Municipality to pave way for the construction of the Bukasa port, which is expected to commence in July this year.

According to the permanent secretary, ministry of works Waiswa Bageya, the government is supposed to compensate 2,700 project-affected residents and the estimated cost is about Shs29 billion.

Kisembo has also facilitated the formation of music associations across the Bunyoro sub-region to compose campaign songs for the president for the 2021 presidential poll.

He also established an education bursary for the best performing students in Bunyoro.

Whereas the corona pandemic has thrown a spanner in the works, Kisembo has not sat on his laurels. He continues to educate communities on the dangers of the pandemic and has traversed many parts of the country preaching the message of safety.

He has endeared himself to the youths by crafting a message of hope anchored on pragmatism.

Kisembo has also not engaged in nitpicking and personal attacks against Kyaligonza he respects as an elder and historical commander. “He does not advocate for confrontational politics but that of co-existence,” said a source close to his campaign who spoke on condition of anonymity.

A campaign of this kind requires a financial war-chest so who is funding Kisembo? Kisembo is an entrepreneur who supplies medical equipment to a number of hospitals across the country.

He may not have billions of shillings to dole out to the electorate but he has enough funds to sustain a clean campaign out and be able to reach out every pocket of the country.

In the rules of the party, the regional vice-presidents will be elected by the entire delegates of the party at the NRM delegates conference.

It is not certain when the delegates conference will take place but the president during an interview with NBS last week when asked about the 2021 elections revealed that, “It will be madness to say you go and people gather. I don’t think it will be wise.”

With uncertainty on exactly when campaigns will rollout and the NRM primaries will be held, Kisembo believes that whereas the corona virus has brought life to a halt, it has given the president the pedestal to illustrate his leadership skills.

Uganda has one of the lowest covid 19 infection rates in the region and is yet to register any fatality.

“This is because the president is steadfast and is able to manage complex situations such as covid 19, we still need him and he has demonstrably showed his leadership acumen during this crisis,” revealed Kisembo during a meeting with youths in Hoima.

Kisembo believes that he can be the fulcrum between the youths and the old guard if he is elected to the position of vice-presidency western region.

As the people power fever sweeps across the country, Kisembo believes that he can harness the skill and mentorship from the old guard to pass a message to the youths and counter dissenting voices

His philosophy has largely been constructed by the leadership skills of civil rights leader Martin Luther King and anti-apartheid icon, Nelson Mandela.

Kisembo believes that leaders must offer visionary to locals to uplift them from poverty and also promote truth telling and reconciliation.

As the clock ticks towards the NRM primaries, Kisembo remains a beacon of hope that youthful leaders can transform society.

 

 

 

 

 

 

 

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