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Makerere pensioner gets reprieve from court

Makerere University main building, the seat of authority at Uganda's oldest institution of learning.

The Court of Appeal has given a former lecturer at Makerere University who resigned in 1987 a lifeline, after ordering the High Court to hear his case again.

Pensioner William Semwatika Kibirango, who worked for Makerere University for 32 years from April 1955 to May 1987, went to court challenging the University for failing to pay his benefits in accordance with the Staff Benefits Scheme introduced in 1968.

The High Court ruled in favour of Makerere University, forcing Semwatika, a recipient of an Interim Award and a Meritorious Certificate in recognition to his service to the University, to successfully appeal the ruling in the appellate court.

The respondent (Makerere University) had defended the suit and at the commencement of the hearing raised a preliminary objection to the effect that the Appellant’s suit is time barred by law of limitation because the scheme is based on a scheme under which the appellant alleges that he was entitle to earn pension way back in 1996 when the University set up DAP.

A ruling delivered in 2014 was in favour of the University with Justice Stephen Musota saying that the scheme upon which Semwatika based to make his claim was an In-House Scheme put in place by the University independent of the scheme which affects public service employees that is provided for under the Pensions Act.

Justice Musota consequently found that Semwatika’s suit was time barred and dismissed it accordingly. Semwatika being dissatisfied with the said decision filed an appeal in the Court of Appeal arguing that Justice Musota erred in law and fact when he held that the In-House Scheme was not subject to the Pensions Act.

However, the Court of Appeal judges rejected Justice Musota’s assertions, and ordered the High Court to revisit the case.

 

 

Highlights of the Court of Appeal ruling

 

*“We have carefully read the plaint and the annextures thereto. We have also read the written statement of defence. It is not at all apparent from the plaint and annextures that the suit is time barred. The cause of action could certainly not have arisen in 1996, because at the time negotiations between the parties were on going. In fact, the negotiations culminated in the appellant being paid Shs8, 889,600 sometime in May 2002, as an interim award.

 

*“An interim award, in our view by its very nature could not have been a final award, but was an acknowledgement by the respondents that they still owed the respondent money to be paid to him as a final award or settlement at a future date. The final payment had not been made when in 2009 Semwatika filed a suit from which the appeal arose. With all due respect to the learned trial Judge, we found no basis in the above holding. We find so because a letter to the appellant from the respondent dated 26 September, 1995.”

 

*“This money was finally paid on 27th May 2002. The cause of action for the remaining payment could therefore not have arisen in 1996. The cause of action arose in 2009 when the High Court pronounced itself on this matter in the Sentongo case (Supra). We find merit in this appeal and we hereby allow it. We set aside the decision of the High Court, and we substitute it with this decision. We direct the High Court to proceed and hear the suit on its merits without any further delay.

 

*“But at the time of his retirement, the respondent (Makerere University) acknowledged that the then existing Retirement Benefits Scheme for staff introduced in 1968 had become worthless over time and they were in the process of introducing a new and more meaningful scheme that would cover the Appellant and the other members of staff.”

 

*Hence on retirement, the Appellant did not receive his full retirement benefits. He had to wait till October 1995 when he received Shs871,128, being a one year’s payment in recognition of the Appellant’s long term service to Makerere.

 

*The University introduced the Deposit Administration Plan (DAP) to supplement it’s employees improved salaries. However, the only people who were eligible to benefit under DAP were those employees who were still in service of the University and had not yet approached 60 years.

 

*Therefore, Semwatika’s claim for pension was still under consideration by June 1996. Consequently, the DAP was abandoned in favour of a new contributory in House Retirement Benefits Scheme.

 

*But its only beneficiaries were employees who had retired between 1996 and 1998. In 2002, after numerous visits to the University in demand for his retirement benefits, Semwatika was paid Shs8,889,600 as interim award which he had been promised earlier on in 1987 when he retired, pending a new meaningful scheme which was being put in place.

 

*In 2009 he went to the High Court seeking Declaration that the he is entitled to pension calculated with the new pension scheme. He also requested for general damages for the “distress and inconvenience suffered”.

 

*That the judge erred in law and fact when he held that the law of limitation applies to the In-House Scheme and that the Appellant’s action was therefore time barred.

 

*“The learned trial Judge erred in law and fact when he held that the action arose in 1996 instead of the year 2009 when Court pronounced itself on the appellant’s eligibility under the In-House Scheme.”

 

*“The High Court should take into account the fact that this is a long outstanding matter, which has delayed in our court system for no good reason. The appellant is of very advanced age and has been pursuing his claim for over 20 years.”

 

The ruling was delivered on Wednesday by Justice Richard Buteera, and other judges on the panel were Kenneth Kakuru and Cheborion Barishaki.

 

Pensioner Semwatika was represented by counsel Francis Buwule and Benon Makumbi while Makerere University was represented by Andrew Kabombo.

 

 

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South Sudan okays joint investigations of murdered aid workers

FLEEING: South Sudanese flee the scene where the six aid workers were killed

The South Sudanese government said it was ready to accept a joint investigation to establish which group was behind the murder of six aid workers.

The aid workers were from the national organisations identified as Grassroots Empowerment and Development Organisation (GREDO), which works to support children released from armed groups.

Unknown gunmen attacked the six workers last week Saturday. No group has claimed any responsibility for the horrendous act. There have been no reports of any clashes between the armed forces in the area prior to the incident. The area is widely believed to be under a full control of the government and allied armed youth from Jonglei state. The armed youth recently carried out an invading attack in Boma state.

Tut Kew Gatluak, the Presidential Advisor on Security Affairs said that the government was ready to accept any group interested in participating in the investigation process. Gatluak said the government had already been to the scene of the incident with members of the monitoring body, representatives from the United Nations Mission in South Sudan (UNMISS) and ceasefire monitoring body.

“What happened last week was an act of terrorism, which we condemned as the government. We call on our civil population to assist the government to get the perpetrators. We want to get to the bottom the incident and because of this interest, the government has now visited the scene of the incident with the groups and stakeholders interested in establishing the facts,” explained Tut Kew Gatluak.

The presidential aide declared that the Ceasefire and Transitional Security Arrangement Monitoring Mechanism (CTSAMM), a ceasefire monitoring and verification body chaired by Major General Molla Haile Mariam, was free to conduct an independent investigation to establish the identity of the group and the motives for killing aid workers along Juba-Pibor road.

According to the 2015 agreement, CTSAMM is comprised of representatives from the two main warring parties, the Former Detainees (FDs), other Political Parties, the Women’s Bloc, Civil Society Organizations, the Youth, Eminent Personalities, IGAD, the African Union (AU), China, the Troika member countries comprising United States United Kingdom and Norway, the United Nations Mission in South Sudan (UNMISS), the European Union (EU) and the IGAD Partners Forum.

Festus Gontebanye Mogae, head of the Joint Monitoring and Evaluation Commission (JMEC) said in a report, the JMEC is responsible for overseeing the implementation of the peace agreement as a whole and is the parent body for other institutions.

These institutions include the National Constitution Amendment Committee (NCAC), the Joint Military Ceasefire Commission (JMCC), the Economic and Financial Management Authority (EFMA), the Strategic Defence and Security Review (SDSR) and the Board of Special Reconstruction Fund (BSRF). JMEC in return reports to the Intergovernmental Authority on Development (IGAD), the African Union and the UN Security Council amongst others.

The European Union Delegation, the Heads of Mission of Denmark, France, Germany, Italy, The Netherlands, Sweden, The United Kingdom, and the Heads of Mission of Canada, China, Japan, Norway, Switzerland and the United States have issued a joint statement on Thursday. This was their reaction to the killing of the six aid workers, where they condemned the act and called on the government to probe the incident.

The Heads of foreign missions in the country called upon the government to thoroughly investigate the attack and to ensure that the perpetrators are brought to justice.

“The Heads of Mission strongly condemn and deplore the reprehensible killing of six aid workers along the Juba to Pibor road on Saturday, March 25, 2017. Our deepest condolences go out to the families, friends, and colleagues of the deceased,” reads the statement released to the public on Thursday.

The foreign diplomats stressed and reminded the government of its main constitutional responsibility to ensure security and safety of the citizens and residents of the country. They also called on all parties to ensure safe, secure, and unhindered access of aid workers to people in need in the country.

“To prevent future such incidents, the Heads of Mission call upon all armed actors to undertake a ceasefire in line with the Agreement on Resolution of the Conflict in South Sudan, and to make genuine efforts to bring about peace, stability, and improved humanitarian access,” it adds.

Since the eruption of the conflict in 2013, at least 79 aid workers have lost their lives in the line of duty while delivering assistance to areas that need it most in the country.

 

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Buhari cancels London medical trip

RETURN: Nigerian President Muhammad Buhari greets officials who received him on his return from London.

President Muhammadu Buhari’s planned medical trip to London has been cancelled with reports indicating doctors will instead fly in from UK for further medical examination.

The president had gone to the UK on an extended medical vacation before returning 51 days later.

On his return, the president had hinted that he would soon be returning to the UK for further medical examination but according to media reports, the medical trip has been cancelled.

 

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EALA loser disqualified from MP race

EC boss Justice Simon Byabakama Mugenyi

The seat for Member of Parliament for Aruu North County which recently fell vacant after the Court of Appeal threw out former MP Lucy Achiro will be filled next week.

However, one of the candidates, Francis Elton Nyero Lakelle has been disqualified as candidate for position of directly-elected MP for Aruu North County, Pader District.

According to the Independent Electoral Commission, Nyero was disqualified after it was reportedly established that he had not complied with the nomination process.

“The Electoral Commission informs political parties, independent candidates, voters and all other stakeholders in Aruu North County that Mr. Nyero Francis Elton Lakelle has been disqualified as a candidate for the position of Directly-elected Member of Parliament for Aruu North County, Pader District,” reads a statement issued by Justice Simon Byabakama Mugenyi, Chairperson, Electoral Commission.

“This follows a review of the candidate’s nomination, conducted by the Electoral Commission which found that Nyero Francis Elton Lakelle (Independent) had not complied with the law on nomination.

“For avoidance of doubt, the ground for disqualification of Mr. Nyero Francis Elton Lakelle is failure to comply with Sections 11(3) and 13(b) of the Parliamentary Elections Act with regard to non-payment of the nomination fee as prescribed in the law.”

Nyero’s disqualification follows a recent loss in the East Africa Legislative Assembly (EALA) elections in which he also contested as an Independent.

Elections for the vacant seat are set for 6 April.

 

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Kawolo, Busolwe hospitals for massive refurbishment

HEALTH PS: Dr Diana Atwiine

The Permanent Secretary of the Ministry of Health Dr. Diana Atwine  has signed works and supervision contracts for the refurbishment of Kawolo and Busolwe hospitals, with support from the Spanish government.

While addressing the press at the ministry headquarters in Wandegeya, Dr. Atwine disclosed that the renovation and rehabilitation at the respective hospitals will be carried out in phases to ensure uninterrupted service to the public.

She said designs for Busolwe hospital refurbishment will be finalized in seven months, and vowed to enforce strict supervision to minimize hitches. The handover for renovation and rehabilitation of Kawolo is tentatively scheduled for April 5, 2017 and upon completion, the hospital will have a new maternity ward, theatre and a trauma center for accident victims.

The renovations at the two hospitals come at a time when Mulago National Referral Hospital and Kawempe Hospital are under renovation and remodeling to meet international standards.

 

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Gen. Kayihura names Obote bodygaurd as Personal Assistant

Gen. Kale Kayihura
Former IGP Gen Kale Kayihura who is due for retirement in July.

The Inspector General of Police General Kale Kayihura has appointed Abraham Sagal, a member of former President Milton Obote’s Presidential Escort Unit (PEU), as his Personal Assistant, sources said.

A Commissioner of Police (CP) under the defunct Special Branch, Sagal was part of Dr. Obote’s inner security ring that was headed by another senior police officer, Odong Oduka. Until recently CP Sagal has been with Interpol.

The changes effected by Gen. Kayihura today and communicated in a radio message by Assistant Inspector General of Police (AIGP) Moses Balimoyo come in the wake of President Yoweri Museveni’s directive to the IGP to ‘clean his house’, following the gruesome assassination of AIGP Andrew Felix Kaweesi, two weeks ago.

The changes that have brought in CP Sagal have seen Assistant Commissioner of Police Jonathan Baroza, the immediate former Personal Assistant to Gen. Kayihura, Immaculate Musimenta, Ambrose Rwanyonga, Isaiah Igumira, David Sembera and Emmanuel Ochamringa, all sent to the police Human Resource Department for re-deployment.

Following Dr. Obote’s overthrow on July 27, 1985, CP Sagal fled to Zambia with the former Head of State, and returned to Uganda in the mid-2000s, almost at the same time with the former President Obote’s son Jimmy Akena.

And contacted today, Akena admitted he knew CP Sagal as his father’s aide,

“Yes, he (CP Sagal) was part of Mzee’s (Dr.Obote) security detail,” Akena, who is the Lira Municipality Member of Parliament, said.

Born in Moroto, CP Sagal went to Moroto High School and among his former schoolmates is Hilary Onek, the Minister of Disaster Preparedness in the Office of the Prime Minister.

 

 

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We will forcefully reopen any clinic you close, medics warn Minister Kamya

PUT KCCA ON NOTICE: The chairperson of the Kampala Private Medical Professionals Association Paul Buyinza

Private medical practitioners operating clinics in Kampala have put the Kampala Capital City Authority (KCCA) and the line minister Beti Olive Kamya on notice, saying they will forcefully reopen any facility that is closed for lack of a trading license.

Addressing over 500 medical practitioners gathered at Sharing Hall in Nsambya today, the chairperson of the Kampala Private Medical Professionals Association Paul Buyinza said they would not pay any license fees.

“We shall not apply nor pay trade license fees because we are not vendors or traders,” a charged Buyinza said, adding that they would forcefully reopen any medical clinic that is closed by KCCA.

According to Mr. Buyinza, they pay a lot of money to Uganda National Drug Authority (UNDA), and “when you add the trade license fees this business will be no more.”

UNDER ATTACK! Kampala minister Beti Kamya and the KCCA Executive Director Jennifer Musisi

Since she was named Kampala Minister, Ms Kamya has come under attack from several quarters that have accused her of acting high-handedly.

Last month she was up in arms with Lord Mayor Erias Lukwago, who accused her of acting unilaterally to cause the eviction of over 10, 000 traders who were operating in the Park Yard market, in a bid to allegedly pave way for the construction of a mall by city businessman Ham Kiggundu.

Also, Lord Mayor Lukwago has previously criticized her approach towards the operation of commercial motorcycles commonly called boda bodas, in the city.

However, the Minister insists that she is simply enforcing provisions of the KCCA Act to create order in the city.

 

 

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Kiir sacks ‘defiant’ Governor

Wanted Out: South Sudan President Salva Kiir Mayardit

South Sudan Salva Kiir has issued an executive order removing the Ruweng state Governor, Theja Da Adwad Deng, a day after the latter shifted political allegiance from the armed opposition faction (SPLM-IO) under the country’s First Vice President, Taban Deng Gai.

Deng was succeeded by Them Machar Kuol.

The ex-governor was nominated by SPLM-IO faction led by Gai as a part of a power sharing deal stipulated in the peace 2015 accord, but remains unclear if his successor is a member of the South Sudan’s ruling party (SPLM) faction under the leadership of president Salva Kiir, which controls majority of the cabinet members in unity government, parliament, judiciary and Sudan People’s Liberation Army (SPLA).

The new governor had never officially declared his defection from President Kiir’s faction and joined the armed opposition faction under Taban, sparking question trying to understand political circumstances under which the appointment was made.

While circumstances under which the appointment was made remain speculative in the public, sources with direct knowledge of the new changes were made, said that the new governor decided to switch political allegiance from the government in order to ensure that a gubernatorial post is filled by a son from the area.

 

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US warns against travel to DRC after UN investigators murdered

MET AFRICAN ENVOYS ACCREDITED TO THE UN: US Ambassador to the UN Nikki Haley

The United States has issued a travel warning against visiting the Democratic Republic of Congo, after the bodies of two missing UN researchers and their translator were found lying in a shallow grave.

Michael Sharp, a 34-year-old from Kansas, and Zaida Catalan, 36, from Sweden, went missing on March 12, having set out to investigate mass graves in the Kasai province.

On Monday their bodies were found in a shallow grave, along with that of Bete Tshintela.

On Wednesday the state department updated its previous advice, and now recommends that all US citizens avoid unnecessary travel to the DRC.

Authorities in the country have vowed to investigate the murders, and Sweden has opened an investigation.

“Zaida Catalan worked tirelessly for peace and justice, and risked her own life to save others,” said Stefan Lofven, the Swedish prime minister. “Sweden is naturally ready to assist in this work.”

Antonio Guterres, the UN secretary-general, paid tribute to the pair.

“Michael and Zaida lost their lives seeking to understand the causes of conflict and insecurity in the DRC in order to help bring peace to the country and its people,” he said, adding:  “We will honour their memory by continuing to support the invaluable work of the Group of Experts and the whole UN family in the DRC.”

Nikki Haley, the US ambassador to the UN, also praised Sharp’s professionalism.

“Michael was working on the front lines of what we try to do at the United Nations every day: find problems and fix them,” she said in a statement.  “He selflessly put himself in harm’s way to try to make a difference in the lives of the Congolese people.”

His father, John Sharp, said that an ‘unidentified militia group’ was responsible for his kidnapping when he first learned his son went missing. Mr Sharp said his son was dedicated to doing humanitarian work in eastern Congo even before he joined the United Nations.

Their disappearance marked the first time UN experts had been reported missing in Congo, and was the first recorded disappearance of international workers in the Kasai provinces.

The UN last week reported that more than two dozen mass graves have been discovered since January in three Kasai provinces. Five videos have emerged in recent weeks that appear to show Congolese soldiers firing on militia members.

While the violence is linked to local power struggles, there are also clear ties to Congo’s current political crisis, according to Human Rights Watch.

Anger has been growing in the country at long-delayed presidential elections, and dozens were killed in December amid protests as President Joseph Kabila stayed on past the end of his mandate.  A deal reached between the ruling party and opposition to hold elections by the end of this year, without Mr Kabila, remains fragile as the UN urges its implementation.

Meanwhile, the UN peacekeeping mission in the DRC is up for renewal next month – leading to concerns at the UN headquarters in New York that President Donald Trump’s plans to slash UN funding will see the mission drastically cut at a crucial time.

The DRC peacekeeping mission is the largest, longest running and most expensive of all 16 UN peacekeeping missions, with a $1.2 billion annual price tag.

Ms Haley is currently reviewing the value of all the missions, and is expected to deliver her verdict on the DRC operation – the first due for renewal – in April.

While some diplomats accept that a review of the mission is valid, they warn against a drastic reduction in size at such a tense moment.

 

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We are going to arrest Stella Nyanzi- Minister Lokodo

SCARY ARRIVAL: Dr. Stella Nyanzi arriving at CID headquarters in Kibuli early last month.

Ethics and Integrity Minister Fr. Simon Lokodo has said that government is going to arrest controversial researcher Stella Nyanzi for demeaning the First Lady Janet Museveni.

Dr. Nyanzi, who is known for her recent verbal attacks against First Lady, came out strongly using vulgar language and describing Mrs. Museveni as a failure at the education ministry.

However, in a phone interview with EagleOnline, Fr. Lokodo who is charged with overseeing the ethics in the country said this time Dr. Nyanzi has crossed the red line by mudslinging the First Lady.

“She has gone too far; mudslinging the First Lady is unacceptable and she can’t go far like this. This time we are going to arrest her,” Fr. Lokodo said of Dr. Nyanzi, who rose to fame after undressing at Makerere University when the Executive Director of the Makerere Institute of Social Research (MISR) Prof. Mahmood Mamdani threw her of office.

An academic with an acerbic tongue, early this year Dr. Nyanzi attacked the First Lady, when the latter announced that government had no money to provide sanitary pads for school-going girls.

Consequently, she was summoned by police, recorded a statement and was later let to go.

At the time Police spokesperson for Kampala Metropolitan Police (KMP) Emilian Kayima told the media that Dr. Nyanzi is to be interrogated on a case related to Offensive Communication and Cyber Harassment.

But on release, she said police had told her President Yoweri Museveni was the complainant, after being offended by one of her posts.

“Offended? I laughed because the President has been offending very many us for a very long time. If a poor woman like me decides to speak out about what I spoke about, he shouldn’t take offence because he has been offending us. For how long shall we remain silent?” said the outspoken Makerere University don then.

She added: “If I using the only skill I have; my body and language…allow me to speak. Does attention bring back my dead parents? Does attention put medicine in hospitals? Does attention deal with the rot in UPE? Does attention Scr** the government the way I am Scr**ing it. He ordered for my arrest because I spoke in the language he understands?”

 

 

 

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