The Chief Justice of Uganda Bart Katureebe and other judicial officers are dismayed by acts of hooliganism that culminated into yet another assault on a judicial officer in the course of her duties. He described them as uncivilized, offensive and disrespectful of the sanctity of the courts.

On Friday, a charged group of activists  over run security and Buganda Road Chief Magistrate Court, vandalizing court property, including videoconferencing and security gadgets.

They also threw empty bottles of mineral water at the face of Ms. Cladys Kamasanyu, a Grade One Magistrate while delivering her verdict in a case of social activist Dr. Stella Nyanzi. The Magistrate convicted Dr. Nyazi on the offense of “cyber harassment” and sentenced her to 18 months in prison after posting a Facebook poem using graphic imagery as a metaphor for President Yoweri Museveni’s alleged “oppression, suppression and repression” over 33 years of rule.

Justice Katureebe in Saturday’s press release, commended Kamasanyu for remaining calm throughout the proceedings and the assault on her, saying that acts of hooliganism have no place in a civilized society.

“This kind of thing is not acceptable…we condemn this kind of hooliganism in the strongest possible terms. We hope the culprits are quickly identified and brought to book,” Katureebe said.

“We are working hand in hand with relevant authorities to ensure that there is adequate security for all judicial officers. I have already asked the Minister of Justice and Constitutional Affairs to raise the matter courts’ security as a matter of urgency in Cabinet,” he said.

The Judiciary’s Permanent Secretary Pius Bigirimana, who also condemned the assault on the magistrate, has also said that judicial officers must be protected as they perform their duties.

The Chief Registrar, Ms Esta Nambayo said judicial officers are merely neutral arbiters who carefully here both parties in a matter before making a verdict according to the law. “The law gives dissatisfied parties a right to appeal an judicial decision up to the Supreme  Court,” she said, adding that Kamasanyu dutifully played her part in the case of Dr. Nyanzi and that anyone not satisfied with the verdict has the right to appeal in stated of engaging in silence.

She said the courts simply adjudicate cases and the public is allowed to follow proceedings. “We find it callous for litigants to organise crowds to try to undermine judicial independence. If we want to be governed by the rule of law, then we must allow institutions to operate and that is why the Constitution provides for the courts,” she said.

This is not the first time that a judicial officer is attacked in court in the recent years.

In November 2017, Fred Kyaligonza, a suspect, jumped from the dock and pounced on Masindi chief magistrate Catherine Angwero and beat her up until he was overpowered by prison warders.

She had convicted him of failure to pay damages arising from a court case in which a money lender, James Magadu, dragged him to court for failing to pay back a loan he contracted.

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Scandals in the management of Uganda Telecom Limited (UTL) now in liquidation continue to emerge as the local telecom company still wait to get an investor who can pump into it dollars that can help it compete with foreign owned ones like MTN Uganda and Airtel Uganda who are the dominants in the market.

The latest in the series of scandals involves State Minister for Investment and Privatisation Evelyne Anite and Keith Muhakanizi, the Permanent Secretary/Secretary to the Treasury, Ministry of Finance, Planning and Economic Development (MFPED).

The rivalry between Minister Anite and Muhakanizi stems from President Yoweri Museveni’s directive of July 16, 2019 to Anite, instructing her to audit UTL whose administrator is Bemanya Twebaze, the Registrar General and Official Receiver Uganda Registration Services Bureau (URSB).

In his directive, Museveni said it was important for UTL to be audited so as to establish what is going on inside the company partly owned by Libyans.

However, Muhakanizi recently in his letter Ref: PADS54/255/02 instructed the Ag. Internal Auditor General to halt the audit exercise into the troubled company, reasoning that UBC has applied to court for the Auditor General to be appointed to audit UTL and that proceeding with the process would amount to sub judice, as advised by lawyers he did not mention.

In the letter, Anite castigates Muhakanizi for also stating that the decision to ask the Ag. Internal Auditor General to halt to audit was a directive from her boss Matia Kasaija, the Finance Minister.

In her letter she says Muhakanizi and Kasaija should have taken note of Museveni’s directive on the audit of UTL and facilitated its implementation, instead of derailing the process that Museveni wants to be done.

“The audit into Uganda Telecom Limited was to me through my office sanctioned by H.E The President…I have clear and unequivocal instructions from HE The President to carry out an audit of UTL. In the absence of a contrary directive from him, I am not in position to act contrary to his directive and you and Hon. Matia Kasaija would be well advised to-do likewise,” Anite states.

Anite says that the sub judice rule doesn’t not apply to the audit process and that the directive by Museveni is aimed at ensuring proper management of UTL. “The rule (sub judice) cannot therefore be used to stop a legitimate process that is aimed at enhancing transparency in the management of UTL,” she adds.

Anite in the letter urges Muhakanizi to formally write to Museveni about his directive to her to ensure that UTL is audited. The minister accuses Muhakanizi of what she refers to as, “Outright connivance, subterfuge, sabotage and manipulation all aimed at stalling efforts to find out the state of UTL to inform further government action.”

She says the grand scheme to sabotage the audit of UTL will not succeed. “Not under my watch,” she says, adding that UBC’s application to court to appoint the Auditor General to audit UTL was regrettable as the Auditor General had declined in an earlier letter had declined to undertake an audit of UTL.

Anite as such has warned Muhakanizi from interfering with the audit of UTL and urged the Internal Auditor General to continue with the process. “The purpose of this communication is to instruct you to stop interfering implementation of the presidential directive and by copy of this letter instruct the Ag. Auditor General to proceed with auditing UTL,” she states.

Anite had in June attempted to have the administrator of UTL, Bemanya replaced, despite opposition from the Attorney General’s office.

In a letter dated June 26, 2019, Anite directed the Attorney General to apply to the court for orders replacing Bemanya Twebaze as the Administrator of Uganda Telecom Limited (UTL). On Friday, The Deputy Attorney General Mwesigwa Rukutana disregarded the directive saying that the Finance Minister has no supervisory powers over the Administrator.

Bemanya was appointed Administrator of UTL following the exit of Ucom Limited, a Libyan owned firm that owned 69 per cent shares in March 2017.  He entered into an Administration Deed and the shareholders ceded.

Early this week, the Attorney General William Byaruhanga also advised that there cannot be an audit of the administrators’ activities in UTL until the administration process elapses.

According to a letter addressed to Kasaija, Byaruhanga said the administrator Bemanya is only bound to make reports on the progress of administration to the creditors of the company and furnish copies to court, the official receiver and the registrar of companies.

The  communication came at the backdrop of letters by Anite stating that the government has encountered considerable difficulty dealing with the Administrator and completely lost confidence in his ability to continue serving the role.

Rukutana explained that the grounds to remove an administrator must relate to failure to comply with the duties imposed on the Administrator under the Administration Deed, the Insolvency Act or any other law or any orders and directions of court adding that he had not found any fault on the part of the Administrator that warrants his removal.

Rukutana further faulted Anite’s quest for Bemanya’s removal on grounds that it undermines a ruling by the Speaker of Parliament Rebecca Kadaga who clearly stated that administration is a Court-controlled process and that neither the legislature nor the executive should interfere with.

But moments after Rukutana’s opinion, Anite stated that the response points to a confirmation of a view that Bemanya is a crooked Lawyer entrenched in the Attorney General’s office. She said that a cartel in sections of government is keen to have UTL liquidated and sell to themselves the strategic assets of the company.

She further instructed the Attorney General to apply to the court to replace him, regardless of the advice of the Deputy Attorney General.

But in a letter dated July 1, Byaruhanga maintained the position by his deputy and reaffirmed that the audit cannot happen when the office of the Auditor-general declined to conduct the audit. According to the letter, a request to the auditor general was rejected on grounds that since the company is under administration, which is a court controlled process, this may potentially pose legal challenges.

“Therefore, it is my view that during the period of administration the progress of the process can be ascertained from the reports furnished to the above-named parties under the Law. However, I am of the view that an audit of the administrator’s activities can only be undertaken upon conclusion of the process which in this instance expires on November 22, 2019,” read the letter.

Byaruhanga added then that the office of the Auditor General is not supposed to work under directions or control of any person or authority.  The Attorney General further advises that the minister may choose to request them to pursue this option only if there is evidence that the administrator is not complying with his duties under the administration Deed, the Insolvency Act and any other law or any orders or directions of the court.

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A real estate firm, Nambi Holdings Limited, has dragged Mukwano Industries Limited over breach of contract after the latter terminated the contract it had awarded to the former as a commission agent to sell 10 properties that the manufacturing company was selling across the country.

The two parties signed the commission agreement in 2015 where Ranjeev Gadhoke signed on behalf of Mukwano Industries while Impala Associates signed on behalf of Nambi Holdings Limited.

Nambi Holdings Limited were surprised on April 14, 2016 after Karmali Alykhan, the Managing Director of Mukwano Industries wrote them a letter terminating the contract without giving any reasons, apart from appreciating them for the cooperation they offered.

In a related development, Alykhan is also a director of Exim Bank that in 2015 provided Nambi Holdings a US$725, 000 loan to purchase a commercial property on plot 321, Block 245 located in Kansanga and valued in the range of between US$1.6 million to US$2 million.

According to the agreement the US$725000 million was deposited directly on the account of Arrow Properties Limited, the seller of the said plot and the structures on it. But Alykhan is accused of conniving with others and grabbed the property that offers rental space from the company which is now the plaintiff in the case.

For seeking the loan, Nambi Holdings Limited had to hand over land titles for the suit property as well for plot 6 Kanokya Street as security among others, including rental income from the suit property to Exim Bank.

Now through its lawyer MESSRS IMPALA LEGAL, Nambi Holdings Limited, whose directors are Brian Kaggwa and Susan Kaggwa, accuses Alykhan, Krishnan Sabhapathy (director in Exim Bank), a one Ali Reza Walji of stealing its property. The company now wants court to hold the persons above personally liable to fraud among others in colluding to steal and acquire its property.

For instance, Nambi Holdings Limited accuses Evax and Sons Limited of illegally registering the suit property. It says Evax & Sons was purposely registered as a vehicle to carry out illicit and fraudulent activities to benefit Alykhan and Walji, Nambi Holdings Limited says. Nambi Holdings Limited wants court to reinstate it as the genuine proprietor of the suit property.

On June 25, 2019, Trust General Auctioneers & Court Bailiffs introduced to tenants Evax & Sons as the new landlord of the property on the suit property, hence has been collecting rent from tenants occupying the property formally owned by Nambi Holdings Limited.

Among others, Nambi Holdings Limited also wants an order to declare, cancel or remove Exim Bank, Sabhapathy, Amazal Holdings Limited (shareholder in Exim Bank) and Alykhan as unfit and improper entities and persons for operating a bank in Uganda.

It also wants compensation for financial and economic loss, special and general damages, exemplary damages and commercial interest of 15 per cent per annum

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