Buganda Road Court Grade One magistrate Gladys Kamasanyu has stayed the hearing of the offensive communication case in which the state accuses social media activist Swaibu Nsamba Gwogyolonga of defaming President Yoweri Museveni.
Appearing before Court, Prosecution alleged that between September 8 and October 26, in an unknown location Nsamba posted offensive communication on Facebook with intent to ‘disturb the peace of the President’. Prosecution further alleges that Nsamba defamed the person of the President in the same Facebook post.
Nsamba was arrested on December 19, 2016 and remanded to Luzira prison on charges of offensive communication and libel contrary to section 25 of the Computer Misuse Act, 2002 and section 179 of the Penal Code Act, respectively.
Non-government organization Unwanted Witness secured Nsamba’s bail on January 3, 2017 and he has since been appearing in court for hearing.
However, on April 20 this year Nsamba, Unwanted Witness Uganda and Human Rights Enforcement Foundation through Rwakafuuzi and Company Advocates, petitioned the constitutional court challenging the constitutionality of section 25 (offensive communication) and its failure to meet regional and international human rights norms and standards.
And in today’s ruling, the Buganda Road Court magistrate said she would not proceed with the hearing until the Constitutional Court pronounces itself on the matter.
However, Nsamba has been asked to continue reporting to court for mentioning of the case and updating court about the progress of the constitutional petition.
MAIN CELEBRANT OF PARLIAMENT WEEK: Speaker of Parliament Rebecca Kadaga
Taxi operators have petitioned the Speaker of Parliament Rebecca Kadaga over the sale of the old taxi park and also demanded for the amendment of the Transport Act.
In their petition, the operators under the leadership of Yasin Ssematimba, criticise the ’unfair manner’ in which negotiations leading to the sale of the premises were made.
The operators say they were left with no choice but seek the intervention of Parliament after failing to get audience from Ministry of Works and Transport, the Kampala Capital City Authority (KCCA) and the Ministry of Local Government.
The operators, who were accompanied by a team of Workers Representatives to Parliament including Margaret Rwabushaija, Arinaitwe Rwakajara, Agnes Kunihira and Charles Bakkabulindi, are also opposed to what they call ‘over taxation’, a charge of Shs28, 000 paid per seat annually.
CENTRE OF DISPUTE: The Old Taxi Park
Further, they argue, the business has been made worse by the proposed Shs103, 000 they are forced to pay in the ongoing vehicle inspection after every six months, saying although the move is welcome, they need the fees to be revised.
The operators also want Parliament to amend the current Transport Act which gives the transport minister power to cancel licenses for motorists if they fail to renew them on time. The provision, Mr Ssematimba said, is unfair.
In response Kadaga promised the furious taxi operators that Parliament will invite them to express their grievances before the Committee of Physical Infrastructure.
The Parliament Committee on Commissions, State Authorities and State Enterprises (COSASE) is set to start investigations into the issues surrounding the occupancy of Centenary Park tomorrow
Chaired by Bugweri County MP, Abdu Katuntu, the Committee was given only ten days to finish the job.
Speaking to Eagle Online, Chairman Katuntu said work should have started last week but some of the officials were not around.
“I should have started last week but these people (The Executive Directors of UNRA and KCCA) were not in the country. So I am starting tomorrow,” he said adding that he will judge ‘how simple or hard the job will be’ after his first meeting.
The investigation came last week on the instruction of the Speaker after the Government Ombudsman, Justice Irene Mulyagonja complained that she did not have powers to investigate the matter.
In her complaint to Parliament, Justice Mulyagonja said that the ping pong between Kampala Capital City Authority (KCCA) and Nalongo Estates Limited has seen three public projects stall yet the Ombudsman’s office doesn’t have the mandate to investigate the matter because Nalongo Estates is a private company.
She also noted that the land conflict at heart of the matter was subjected to both arbitral proceedings before the Centre for Arbitration and Dispute Resolution, and litigation in Commercial Court Division of the High Court. Mr Katuntu says investigations start tomorrow.
The barbecue-lounge in Centenary Park
The conflict
Nalongo Estates Limited, run by Sarah Kizito, wife to former Kampala politician, Godfrey Nyakana, is at logger heads with City Hall over failure to renew the lease to manage Centenary Park.
KCCA has stood its ground, defending its position not to renew Nalongo Estates’ lease for breach of earlier lease provisions, arguing that the lease and management executed with the Kizito expired in May 2016, and that the business lady should have vacated the premises by Dec 31, 2016.
But Kizito has remained defiant despite court orders demanding she hands over the property.
It is alleged that on May 16 2006, the then KCC and Nalongo Estates Limited executed a management agreement to keep the park as a green open/public space.
However, Nalongo Estates reportedly abused KCC trust and constructed temporary structures, leaving KCC with no choice but terminate the contract on June 26, 2012.
Kizito retaliated by dragging KCCA to the Arbitration Tribunal in September 2013, deeming the Authority’s actions illegal with the argument that Nalongo Estates had a running management contract that had not been ‘lawfully’ terminated.
Nalongo Estates won the case and was awarded Shs732.5 million in damages and KCCA attempts to fight further were frustrated in High Court-Commercial Division after the Judge upheld the earlier ruling.
Tax payers were forced to meet the costs on December 16, 2016.
National Water and UNRA’s plan for a flyover
National Water and Sewerage Corporation (NWSC) has already lost approximately Shs1b as agents of Nalongo Estates Ltd claimed ownership of the same land, forcing the contractor to halt works.
NWSC swiftly ran to KCCA seeking answers, and indeed the Authority confirmed that Nalongo Estates had previously been given a management contract to manage the green park for 10 years.
The delays to access the site sqaw the contractor slap a Shs979.9 million fine on the Corporation.
The 31 kilo meter of sewer line upon completion will serve areas of Kololo, Golf Course belt, Serena Hotel, Nakasero and Kitante.
Meanwhile, Umeme also has to relocate a Power Sub-station but the works are yet to kick off due to another fierce fight between KCCA and Nalongo Estates.
Similarly, the Uganda National Roads Authority (UNRA) plans to construct the Kampala Flyover but has pleaded with KCCA not to hand over property to be managed by Nalongo Estates of Sarah Kizito.
In a related development Ms Kizito reportedly sought the help of ‘her friend President Museveni’, protesting the ‘unfair manner in which the matters were handled’.
She accused KCCA’s Jeniffer Musisi of being defiant, noting that despite orders by President Museveni to have her lease renewed, Musisi has failed to soften her stand.
Kizito had reportedly asked President Museveni to order KCCA to unconditionally renew her lease noting: “We are seeking for fairness as a local company owned by hardworking ladies, we are coherent with Government projects and we are looking for a win-win situation.”
STRONG PROPONENT: Dokolo District Woman Member Parliament Cecilia Ogwal
Parliament has re-introduced the Marriage and Divorce Bill for debate and once passed into law, it will govern the institution of marriage, going deeper to regulate the sex activity in the bedrooms of Uganda’s households.
The Bill recognizes the civil, Christian, Hindu, Bahai and customary marriages, but is silent on marriage under the Islam faith.
Dokolo District Woman Member Parliament Cecilia Ogwal says the Bill addresses most of the concerns that were raised to oppose the earlier attempts.
“We have held workshops with different stakeholders, seeking for inputs. “We want this bill to be passed to save women,” she says.
What the Bill says on…
Marriages outside Uganda
The Bill recognizes marriages conducted outside of Uganda except where the marriage is between people of the same sex.
Marriage gifts
The Bill outlaws demands for return of marriage gifts given as bride price/bride wealth, in case of a breakdown of the marriage. It says marriage gifts are not an essential requirement for parties to marry, but under subsection 14 (3) punishes those who demand back the gifts with a fine of Shs480,000 or imprisonment not exceeding one year or both.
Same sex marriages
Despite calls from human rights activists and western donors, the Bill criminalizes same sex marriages and should Parliament enact the law, Uganda is likely to see lesbians and homosexuals migrate to favorable countries where they can officially marry.
Inheriting widows
The Bill forbids men from inheriting widows. “A man shall not marry a widow through the custom or practice of widow inheritance,” Section 13 (2) reads. Those who already inherited widows will have to drop them or else they pay a fine not exceeding Shs480, 000 or one year imprisonment or both.
But government under the same Section 13 (3) opens a window for men to marry widows under recognized types of marriage, probably with the knowledge that young widows despite the loss of their husbands still need to exercise their conjugal rights, more so, for procreation purposes.
Cohabitation
The Bill provides for the rights of cohabitees in sharing property after the termination of cohabitation, much as it is not considered a form of marriage recognized in Uganda. But some MPs and members of the public say cohabitation is an immoral practice which is contrary to customary law and a challenge to the marriage institution. Others think cohabitation should be recognized as a form of marriage.
Conjugal rights
Section 114(1) of the Bill grants spouses in marriage conjugal rights but under (2) it outlines circumstances under which a spouse may deny a partner sexual intercourse. These include poor health, surgery, child birth and the controversial one, when a spouse has reasonable fear that engaging in sexual intercourse is likely to cause physical or psychological injury or harm.
Forced sex
Subsection (3) forbids a spouse to have sex with partners without their consent. Should this happen the offender faces both criminal and civil charges, which on conviction the defendant is fined one hundred and twenty currency notes or gets a jail term of not more than five years or both (criminal liability).
Under Subsection 3(b), if the case turns out to be of civil nature, the offender faces restrictions orders, separation from the spouse and suspension of conjugal rights and but also he/she can be asked to compensate a spouse for the wrong done on her/him.
Subsection (3) is of particular concern to the men. They argue that in marriage the issue of forced sex doesn’t exist and they seem to have the support of religious leaders, who preside over religious marriages.
Evidence of breakdown of marriage
The Bill allows court to administer the irretrievable breakdown of marriage if the respondent is caught in adultery, defilement and sexual perversion which includes bestiality, sodomy, homosexuality and pornography. A change of religion by the respondent is also good ground for court to dissolve the marriage, if the petitioner thinks she/he can’t tolerate it.
first MOVED ORIGINAL BILL: Former State Minister for Gender Lukia Isanga Nakadama
Jactitation of marriage
The Bill punishes any person who falsely claims that he/she is married to a particular person. The lie, on conviction, comes with a fine of Shs480, 000 or a jail sentence not exceeding one year or both. The Bill also allows court to make an order for an injunction against the respondent restraining him/her from making further claims but can also, under Section 165(4), award any other remedy in consideration of the consequences of the offence.
Marriage with person previously married
Section 168 of the Bill slaps a fine of Shs2.4 million on a person who knowingly marries a married person. He/she, on top of paying the fine, can receive a jail sentence not exceeding five years, if court deems so.
Making false declarations for marriage
The Bill doesn’t spare those who falsify documents and statements to benefit from the advantages/services of married people. On conviction the culprit pays Shs2.4 million as fine or imprisonment not exceeding five years or can serve both penalties.
False pretence of impediment to marriage
The Bill also warns people not to make false claims so as to prevent a marriage, stating that on conviction, the offender pays Shs2.4 million or a jail sentence not exceeding five years, or court can make the culprit to serve both penalties.
Personation in marriage
The Bill under Section 173 forbids people to marry under false names. Should this offence occur, the culprit on conviction pays a fine of Shs2.4 million shillings or serves a prison sentence not exceeding five year or both.
Fictitious marriage
To protect individuals, the Bill outlaws fictitious marriages in Uganda. “Any person who undergoes a ceremony of marriage…knowing that the marriage is void on any ground…commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.”
The Bill introduces new regulations on how marital assets would be distributed after a couple divorces.
Government says the Bill if passed into law will help uphold societal and religious values that form the basis of the institution of marriage.
PUPILS REGISTERED: Rose Seninde, State Minister for Primary Education.
Over one million pupils and students have been registered by the National Identification and Registration Authority (NIRA), with 13, 479 schools receiving registration forms.
The exercise which targets over 10 million pupils and students in government and private schools kicked off on May 29, and all school going children above the age of five are to be availed with National Identity Cards upon the conclusion of registration process.
‘’In the regions where we started first, registration is almost done so we will get all manpower to regions that are yet to start’’ the State Minister for primary Education Rosemary Seninde said in a media briefing at Uganda media Centre.
She said that NIRA teams will combine all schools including those in hard to reach places through outreaches, and emphasized that ‘the registration is free of charge’.
“It’s sufficient for the registration process if only one parent has provided a copy of his or her national ID,” Minister Seninde said, adding that the exercise will also help eradicate ghost learners in schools and ensure effective implementation of government projects.
The Minister also advised all parents to go for registration so as to ease the registration exercise of their children.
Veteran Democratic Party (DP) politician, John Ssebaana Kizito breathed his last today aged 83, sending shock waves to those who cherished his life and works.
Commenting on his death, the DP President Nobert Mao said Ssebaana’s legacy was ‘DP’s gift to Uganda’ and that he was a pillar of democracy in the country and the DP in particular.
“In DP, he managed a difficult but peaceful transition of power from his generation to the young generation,” Mao, who said he was saddened by the death of his former mentor, said.
Mao, a trained Economist, said Ssebaana “believed strongly in truth and justice.” He added that Sebaana was a ‘solid’ leader of Kampala who wanted inclusive development of the city where the low class would also participate.
“Mzee Sebaana’s death is a big loss to the country, said Mohamed Baswale Kesaala former DP Chairman, when contacted by EagleOnline to commend briefly about the late’s life as a family man, politician and businessman.
“We have lost an entrepreneur and humble politician who mentored the young people especially the Young Democrats. “He was our patron and always reached out to us despite his advanced age,” says Kezaala.
Kezaala praised the late Ssebaana for work smartly over the years to acquire his wealth. ‘Today young people want to acquire wealth in the shortest time possible. Mzee Sebaana accumulated his wealth over many years,” Kezaala said, urging the young generation to emulate the late.
Kezaala commended the late Ssebaana who he said stuck with the party during the turbulent times of the 1970s and 1980s. “As others crossed, Mzee Sebaana remained in parliament representing the DP,” Kezaala said of the late.
Kezaala said Sebaana resisted calls from the DP old guard not hand power to the young generation. “He handed the leadership of DP to Nobert Mao against the wishes of those who wanted the old generation,” Kezaala said, adding that Ssebaana was a true nationalist who contributed to Uganda’s development.
Kezaala also talked of his former boss and mentor, saying he loved people and always helped. “On the personal note he has been my friend dating back to my wedding 17 years ago. Until his passing on, he always referred to my wife as ‘Mugole’ (bride).”
He said the late Sebaana was hard working. “He was a down to earth man. Can you imagine that he would move in a wheel chair to go and work?” “I encourage Ugandans to emulate his work ethics,” Kezaala said.
Kezaala said Ssebaana, being a Muganda, loved Buganda and took its culture in high regard. “He was a darling of Mengo and attended meetings there.”
Kezaala said that Ugandans should emulate the late Ssebaana by working hard and sacrificing for the country. Above all, Kezaala says: “Mentoring the young ones is an obligation of the elders. If he had not mentored us, the country wouldn’t be benefiting from our services,” Kezaala said.
The Deputy Executive Director of the Uganda Media Centre Colonel Shaban Bantariza, when contacted, said Sebaana was a senior political leader in the country but said he was not qualified enough on the side of government to talk about the late, whose political career spans from the 1960s.
President Museveni on arrival at the Bole International Airport in Addis Ababa
President Yoweri Museveni has today arrived in the Ethiopian Capital Addis Ababa for the 29th Ordinary Session of the assembly of Heads of State and Government of the African Union.
President Museveni and his wife Janet on arrival at Bole Airport in Addis Ababa
The President, who is accompanied by the First Lady and Minister of Education and Sports Janet Kataha Museveni, were received at Bole International airport by Ethiopia’s Chief of Protocol Esayas Gotta, the Permanent Secretary of Uganda’s Ministry of Foreign Affairs Patrick Mugoya, Uganda’s Charge d’Affairs in Ethiopia and the African Union, Ambassador Idule Amoko and other senior government and embassy officials.
The two-day assembly chaired by The President of Guinea H.E Alpha Conde, is being held under the theme, ‘Harnessing the Demographic Dividend through Investment in Youth’.
Later President Museveni is expected to address a meeting on Aids Watch Africa (AWA) on the Presidential Leadership: ‘Fast Track to End HIV/AIDS, TB and Malaria’.
The President is expected to speak alongside his counterparts including, the President of Guinea, Prof. Alpha Conde; the Prime Minister of Ethiopia, Hailemariam Desalagn; the President of South Africa, Jacob Zuma and the King of Swaziland Mswati III.
Among other things, the assembly is expected to discuss reports of the Peace and Security Council on the state of peace in Africa and the implementation of the master roadmap of practical steps to silence guns in Africa by the year 2020.
Rwandan President Paul Kagame is also expected to table a report on institutional reforms of the Africa Union.
The assembly is expected to appoint two commissioners of the Africa Union Commission; the Commissioner for Human Resources, Science and Technology to which Uganda is fronting its own, Dr. John Kabayo and that of Economic Affairs. The assembly is also expected to appoint four members of the advisory board on Corruption.
The AU is a continental organization consisting of all the 55 countries on the African continent, launched in July 2002 in Durban South Africa, replacing the Organization of African Union (OAU).
To help celebrate the 241st anniversary of the independence of the United States, the US Mission to Uganda will be hosting the American musical ensemble Wings of Dixie on July 5 and 6 for special appearances in Kampala.
In addition to performing at the Mission’s Independence Day party on July 5, the band will play a free concert to students and parents at Kitante Primary School on Thursday, July 6, from 2:00pm to 4:00pm.
Wings of Dixie is an eight-member ensemble that epitomizes ‘Americana’ at every performance. The group’s music covers the full spectrum of American music, ranging from the early days of traditional jazz all the way to classic popular and rock and roll hits.
Consisting of members from the United States Air Forces in Europe, Wings of Dixie has entertained audiences around the world for more than a decade.
TO BE USED IN RUSSIA 2018:r A referee watching video footage
FIFA president Gianni Infantino confirmed that the Video assistant referees will be used at next year’s World Cup in Russia.
The video assistant referee (VAR) is an associate football assistant referee that reviews decisions made by the head referee with the use of video footage and a headset for communication to review the play in question.
The referees can decide whether they want help from VAR before they take decisions on some incidents during the game.
However, if the VAR believes there has been a potential clear error, it will contact the referee with that judgment so that the referee can change the call on the advice of the VAR or conduct an on-field review to the pitchside monitor by going to a designated spot on the sideline.
There are 4 types of calls that can be reviewed:
Goals and whether there was a violation during the build up
Penalty decisions
Red card decisions (note that second yellow cards are not reversible)
Mistaken identity in awarding a red or yellow card
This video footage technology has been tested in the concluded 2017 Confederations Cup that was won by Germany defeating Chile 1-0 on July 2.
There have been countless instances of VAR being used too slowly, too late or incorrectly, and it clearly needs efficient time to become a success and a reliable feature of the game.
The Confederations Cup was not a good experiment for VAR because it created confusion in the following scenarios:
Chile defender Gonzalo Jara appeared to elbow Germany’s Timo Werner in the face during the Cup final on Sunday, but got only a yellow card, even after the video assistant referee (VAR) system was used.
In Chile’s semi-final win, when Portugal defender Jose Fonte appeared to foul Francisco Silva in the box, the referee did not award a penalty – or ask to see the incident again.
In the group game between Germany and Cameroon, the referee sent off the wrong player after watching a replay, before correcting the mistake after a second viewing.
In Mexico’s group game against New Zealand, there was a long delay late in the game as the referee watched back a melee between players. He initially booked one player, before stopping the game again and booking two more.
However, there were few occasions where the technology proved beneficial:
Pepe thought he had given Portugal the lead in their opening game with Mexico, but the referee ruled it out correctly for offside after consulting with VAR.
Chile’s Eduardo Vargas had a goal ruled out – for a marginal, but correct offside decision – against Cameroon. He later scored a goal in the same game – which again went to VAR, but this time it was allowed.
Fifa president Infantino believes the system has been a great success with positive results and nothing will stop it from being used in the 2018 World Cup in Russia.
Uganda Christian University (UCU) will hold its third graduation ceremony this year on Friday at the main campus in Mukono.
According to a statement issued by the University on Monday, a total of 1,136 students will graduate with bachelor’s degrees, diplomas, postgraduate diplomas and master’s degrees. Of these, 50.1 per cent (569) are male while 49.9 (567) are female.
“Of these, forty three (43) got first class degrees. At 24 (56 per cent), most of the graduands with first class degrees are females compared to 19 (44 per cent) males. The best performing student has an overall GPA of 4.82,” the statement reads.
The Guest of Honor at the graduation ceremony will be the Auditor General Mr. John Muwanga.
The graduation ceremony will be preceded with the Commissioning Service, a formal sendoff session at UCU during which graduands are blessed and prayed for before their graduation.
