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City lawyer could walk away with US$10m after flooring Facebook in court

BILLIONAIRE? City lawyer Fred Muwema will reportedly become a billionaire after Facebook cashes him for a case he lodged against Facebook seeking to be told the identity of'TVO'

Prominent city lawyer Fred Muwema is at it again, this time round expected to hit an estimated US$10 million legal jackpot in a case otherwise seen as impossible to win.

This time, the controversial lawyer to former Prime Minister Amama Mbabazi took to an expedition of tasting toads and went for the fattest, suing and beating Facebook in an Irish Court (Ireland takes charge of Facebook’s Africa and Europe operations) in a suit he brought after ‘Tom Voltaire Okwalinga’ (TVO) in March pointed a finger at him for allegedly taking up to shs900 million from former Minister of Information and National Guidance Maj.Gen. Jim Muhwezi to jeopardise Mbabazi’s presidential election petition, which the Supreme Court threw out.

Muwema's office in the upscale Kololo that was reportedly raided by security operatives who took away material related to the 2016 presidential elections.
Muwema’s office in the upscale Kololo that was reportedly raided by security operatives who took away material related to the 2016 presidential elections.

The petition was challenging President Museveni’s February 2016 election and counsel Muwema was accused of allegedly conniving with state agents to raid his Kololo based law firm and fork out evidence, affidavits and sensitive information regarding the case.

Muwema denied the allegations and asked Facebook to rein in TVO but was shown the middle finger by the Mark Zuckerberg- founded firm, whose net worth is several fold bigger than several African economies.

For a man whose career has been shaped by challenging multinationals and parastatals like the Uganda Revenue Authority, Muwema sat through his firm in the posh suburb of Kololo and hired a blue chip law firm from the USA and instructed them to take on Facebook.

The lawyers went to the Irish court with three prayers: One, Facebook bring down all content, “defamatory, malicious and false” against him by TVO, secondly, stop TVO from posting about him and lastly, reveal his identity so he can take him on at home. He lost the first two grounds but won the last which is the gist of the case that has got Facebook lawyers panicking as it sets a bad precedent that will see many Africans and may be, even governments, sue  the giant American social media platform that is worth several billion dollars .

Mr Justice Binchy held in the judgment delivered by the High Court in Ireland (record number 2016/ 4637P) last week: “It appears, a person who has been defamed by an internet posting may be left without any remedy at all, unless the author is identified and amenable to the jurisdiction of the court and for these reasons I consider that the application for take down and prior restraint orders must be refused. I will however make a Norwich Pharmacal Order in the terms that I understand the parties have agreed.”

A senior lawyer intellectual property lawyer in town told the Eagle Online, that “a Norwich Pharmacal Order is a court order for disclosure of information a court issues against a third party such as Facebook that gets in the way of legally wrong actions so that an aggrieved party like Mr Muwema sues the people like TVO who might have wronged him.”

This website understands from sources close the case that Facebook’s lawyers are pacing up and about in their boardrooms to try and find a last minute solution to this case which sets an unbearable precedent against users of the platform who have long held to its privacy as an armour of protection from authoritarian regimes.

But similarly, Muwema’s landmark case is good news to government officials like Uganda Communications Commission Executive Director Godfrey Mutabazi who had severally protested to Facebook against TVO in vain. Government too wrote seeking TVO’s identity in vain.

From the judgment, one of Facebook’s arguments in defence was that Muwema is a man already riddled with scandal so he was not famed, instead, the “gin was let out of the bottle.”

But Muwema’s USA based lawyers shot down this argument, saying the lawyer’s scandals back home don’t connect to the case and he has never been convicted by a court of law in Uganda.

A lawyer close the case told us: “If and when he asks for damages and costs of the suit, Facebook is likely to cough at least US $10m and the son of a Musoga who was insulted by talking heads on Facebook will walk to the bank with a swagger.”

 

 

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NDA board on spotlight over influence-peddling worth billions in drug trade

Health Minister, Jane Ruth Aceng.

The Chairman of the National Drug Authority (NDA) Audit Committee Yusuf Kimbowa Sembatya, has been accused of using his position to peddle influence, in the process profiteering from the importation of drugs.

In a letter to the Director Crime Intelligence of the Uganda Police Force dated April 2, 2016, a ‘whistleblower’ accuses Mr Kimbowa, a former NDA Board Chairman and some other members of the Board of conflict of interest by managing and operating drug-importing companies.

The whistleblower further lists companies, among them KIMSY MEDS, IDA Foundation, GKO Medicines, Novell Pharmacy, Medical Access, Spectrum Pharmacy and United Health Care Ltd, which he claims are linked to the illicit dealings and are managed by Mr Kimbowa and his cronies, among them Gilbert Ohairwe, Sowedi Muyingo, and Hussein Oria.

The NDA regulates the manufacture, importation of human and veterinary drugs in Uganda, and according to the whistleblower Kimbowa did not declare his ownership of KIMSY MEDS when he was appointed to the Board.

Further, the whistleblower said Mr Ohairwe is the proprietor of GKO Medicines also uses his other company GKO Security to provide security services at all NDA premises in the country; Mr Muyingo is the Executive Director of both Medical Access and United Health, and Mr Oria, the NDA board member representing Makerere Pharmacy School, also works as a pharmacist in-charge at Spectrum and is also a Local Trade Representative (LTR) for Egyptian and Indian pharmaceutical manufacturers.

‘Sir, the issue of major importers and unscrupulous lumpen ‘bourgeois’ and ‘compradors’ of drug cartels such as Kimbowa Sembatya Yusuf of KIMSY MEDS, managing and auditing businesses they are meant to regulate remains an issue of concern. This is more or less game ranger turned poachers at the state enterprise,’ the whistleblower wrote, adding that Mr Kimbowa is a shareholder Novell Pharmacy alongside Mr Muyingo.

The whistleblower also claimed that through his influence, companies linked to Mr Kimbowa were indebted to the NDA to the tune of Shs2.454 billion between February and April last year, acquired through unscrupulous means.

NDA

‘Companies like IDA Foundation, KIMSY MEDS and United Health Care where Kimbowa Sembatya Yusuf the Chairman Audit Committee of the NDA Board has business interests owed NDA in February 2015, about Shs557 million, Shs1.1107 billion in March 2015, and about Shs781 million in April 2015. He uses his position with arm twisting gimmicks on Secretariat staff to acquire credit facilities for DOSSIER review and import clearance dues of 2 per cent not extended to other business clients,’ the whistleblower further charges.

According to the whistleblower, Mr Kimbowa is also linked to the importation of substandard cancer drugs through his company, KIMSY MEDS, attracting the attention and concern of the National Medical Stores (NMS).

‘Frustration of procurement of Vital Laboratory equipment may be intended to disable the quality testing capabilities of the National Drug Quality Control Laboratory so as to facilitate drug cartels represented by some identified Board members to supply un analysed substandard drug items in the Country. National Medical Stores has ever lately complained to KIMSY MEDS allegedly over supply of Substandard Anti-cancer drugs in the country,’ the whistleblower adds.

Repeated efforts to talk to Mr Kimbowa in respect to the raft of accusations against him and his colleagues were futile as he switched off his phone on being told the callers were journalists with EagleOnline.

However, in 2015 President Yoweri Museveni ordered for an investigation into the activities of the NDA Board, which at the time was embroiled in wrangles with then Executive Director Dr Gordon Sematiko. At the time, current Health

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Kibuule not fit to be Minister – Matembe

WITH GUN IN CHAMBERS? Water State Minister Ronald Kibuule

In the corridors of the Luzira-based Ministry of Water and Environment there seems to be a ghost with loose hands stalking the male Ministers of State for Water, a rare coincidence.

Current Water State Minister Ronald Kibuule and one of his predecessors Akika Othieno are allegedly wont at unleashing slaps at the slightest provocation, something that evoked sad memories about gender disparity and also rubbed fiery human and women rights activist Miria Matembe the wrong way.

WHO IS KIBUULE? Woman and human rights activist Miria Matembe seems to be asking.
WHO IS KIBUULE? Woman and human rights activist Miria Matembe seems to be asking.

Matembe’s ire was aroused after being told that Kibuule allegedly assaulted Ms Hellen Obuku before calling in the Mukono District police commander, Mr Alfred Ahimbisibwe, to arrest her on a charge of libel. Ms Obuku, a guard at the said bank, reportedly wanted Kibuule subjected to a routine security check at the bank’s Mukono branch, something that led to the brouhaha.

And, true to tradition, Ms Matembe, who is also a former Ethics and Integrity Minister, this afternoon castigated Minister Kibuule for being ‘childish and unfit to serve as minister’, after the minister reportedly assaulted a female security guard at Stanbic Bank in Mukono last week.

“Even if it was a man, he would slap. He is an amateur and he was not fit to hold that high position,” Matembe told The EagleOnline on phone.

According to Ms Matembe, despite his young age, Kibuule sees himself as being ‘next to God’ and by viewing himself in that respect, he ‘doesn’t know how to handle power thinking he will use impunity’.

“Recently, I was told he was behind the instigation of violence against the Bishops when they toured the Uganda Christian University (UCU) land” Matembe said, adding that the Minister’s reported actions warrant protest. She however, hastened to note that in Uganda demonstrations against impunity were difficult to pull through.

“We have a problem as Uganda because we are not allowed to demonstrate otherwise, we should have demonstrated against his act,”

Matembe said before temporarily turning her guns to her successor, current State Minister for Ethics and Integrity, Fr.Simon Lokodo, and accusing him of incompetence.

Known for her brazen courage, Ms Matembe said had she been the Minister of Ethics and Integrity, Kibuule should have resigned by now.

“During my tenure I made Akika Othieno and Joram Jumabuti Ajeani to resign. Othieno slapped worker in the ministry while Ajeani was forced to resign after beating his wife,” Ms Matembe said.

Asked further a comment, Fr. Lokodo, said he was busy in a meeting and he would respond later.

Meanwhile, in a strange twist that has sent tongues wagging, the Stanbic Bank Chief Executive Officer Mr Patrick Mweheire, apologised to Minsiter Kibuule for the ‘embarrassment’ the incident might have caused him.

“I convey my sincere apologies for the embarrassment the incident might have caused you. The security guard involved is not a Stanbic Bank employee. We have communicated with the security company to remedy the problem,” Mr Mweheire’s letter read in part.

But Mr Mweheire might soon realize that ‘might is not right’ as workers have protested the Stanbic Bank apology to Kibuule.

Mr Wilson Owere, the Chairman General of National Organisation of Trade Unions (NOTU), condemned the apology, describing it as injustice to a worker who was carrying out her work assigned to her by the same bank.

“We all need to unite against this injustice. An injury to one is an injury to us all. We must show the minister the mighty power of workers,” Mr Owere said.

The ‘raw power’ wielded by leaders at times gets to their heads: in 2012 then Kenyan Deputy Justice Nancy Makhoha Baraza lost her job after assaulting a female security guard Rebecca Kerubo, who demanded to check the DCJ’s bag before she could be allowed to access the Village Market shopping mall.

Meanwhile, by press time today hundreds of Ugandans had posted on various social media platforms protest declarations indicating they were closing their bank accounts with Stanbic Bank, following the apology letter written to Kibuule by the bank’s CEO.

 

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Ugandans overpowered as Eala pass resolution to make Swahili official language

The East African Legislative Assembly has passed a resolution to make Swahili an official language of the East African Community (EAC).

Kiswahili is already the national language of Kenya and Tanzania and is widely spoken in eastern Uganda, Burundi, parts of Rwanda and eastern DR Congo.

Attempts to expand its usage in Uganda have always hit a snag with its detractors arguing that it is a “violent” language associated with the past armies that terrorised the civil population in the 1970s and ‘80s.

Now media reports in Tanzania say that Eala legislators on Thursday agreed that the change was “long overdue” as the language “played a big role in uniting the people” of East Africa.

The motion to recognise Kiswahili as one of the official languages of the Community was tabled by three legislators being Mr Abdullah Mwinyi and Ms Shy-Rose Bhanji, both from Tanzania and Mr Abubakar Zein from Kenya and was supported by counterparts from Rwanda and Burundi as the legislators from Uganda opposed before giving up after a heated debate.

Uganda is represented by NRM’s Dorah Byamukama, Nusura Tiperu, Dan Kidega, Mike Sebalu, Margaret Nantongo Zziwa and Bernard Mulengani while the opposition has Fred Mukasa Mbidde (DP), Chris Opoka (UPC) and Suzan Nakawuki (Independent).

The next stage is that the EAC treaty will have to be amended.

Pressure is mounting and intensive lobbying is already underway to have the issue brought up before the Extra-ordinary Summit of the regional leaders slated for Dar es Salaam early next month.

Amongst all the other East African countries, Uganda lags behind in speaking, teaching and understanding proper Kiswahili, a fact that may put it at great disadvantage.

Kiswahili remains a contentious language in Uganda. The matter has not been helped over the years partly due to lack of a coherent government policy on language development with the position of Kiswahili remaining ambiguous. It is primarily used in the armed forces and was in 2005 elevated to the position of official language alongside English.

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Photos: When Besigye, wife took defiance campaign to London

Opposition leader Kizza Besigye alongside with his wife Winnie Byanyima over the weekend addressed Ugandans in the United Kingdom at London’s Hilton Hotel about the prevailing political situation in the country.

London

Besigye who is currently facing treason charges, for declaring himself “president” in a mock ceremony- told the London gathering of more than 300 people attendees he won the last election. He called for a “non-partisan, non-violent struggle; a people led movement”, aimed at “reclaiming the power of Uganda’s institutions”.

Prior to his speech, Dr Besigye also separately met with the FDC UK Chapter members and Power 10 (P10) members led by FDC coordinator Thomas Ddumba.

London4

On Monday, the four-time challenged of President Museveni sent his gratitude to his London supporters via a tweet and said: “Thank you London (UK) people for the warm & engaging reception! No turning back till we fully take back our country.”

Besigye is this week expected to travel to the US to meet with the community there.

Londono

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South Sudan slams DRC over Machar evacuation

SANCTIONED: South Sudan information minister Michael Makuei. Photo credit/youtube.com

The South Sudanese government has criticised neigbouring Democratic Republic of Congo (DRC) for allegedly permitting the use of its territory to be used to evacuate armed opposition leader and former first vice president, Riek Machar.

The country’s information and broadcasting Minister Michael Makuei Lueth described evacuation of Machar from inside the country using an aircraft coming from Congo as a violation of international law and asked Congolese government through its embassy to explain why they could not inform them if they did not permit the evacuation plan.

The outspoken minister, in a statement said “such act does not benefit either of the two countries as well as regional and global peace”.

His comments follow a summon by the ministry of foreign affairs of Congolese ambassador in Juba for a meeting at which the ministry officially protested what it calls border limitation by Congolese authorities. Machar fled the capital, Juba, after government forces attacked his residence following a clash between presidential guard force loyal to president and his (Machar) security details at the presidential palace in Juba, resulting in the death of over 200 soldiers on both sides.

Fearing for his life, he moved out of Juba hoping that the ceasefire he and President Salva Kiir declared would hold for him to return and resume his work at the presidency. But continued attacks by government forces pursuing him forced him to flee into DRC where the United Nations airlifted him after suffering from exhaustion and dehydration.

Commenting on Machar’s exit, the foreign ministry spokesman Mawien Makol said the ministry summoned the DRC ambassador in Juba to explain the action by his country. Makol claimed South Sudanese airspace was violated during the evacuation process.

“We summoned the Congolese Ambassador in the Ministry of Foreign Affairs, because we were protesting on the border limitation that happened last week when the forces belonging to the former First Vice President crossed the border with him,” said Mawien.

“They [DRC] entered with a flight into the border without the knowledge of the government of the Republic of South Sudan, so that thing of course annoyed us and we have explained to him that this is what happened and he is going to convey the message to his country and that we were not informed about the coming into our border with the flight from Congolese. So they shouldn’t come to our airspace without getting permission from this country,” he added.

 

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Uganda Cranes vs Kenya fight takes shape

International Friendly:

Tomorrow, August 30

Uganda vs Kenya, 4pm Namboole

Uganda-vs-Kenya

Uganda Cranes have shifted base to Namboole ahead of Tuesday’s international friendly against Kenya’s Harambe Stars.

Coach Micho Sredjovich will use the friendly against Kenya tomorrow to get a clearer picture on which weapons to deploy ahead of Sunday’s must-win Afcon qualifier against Comoros at the same stadium.

Tottenham midfielder Victor Wanyama and 22 players and seven officials arrived at Entebbe Airport Monday morning and were driven straight to the Grand Imperial Hotel in Kampala.

Wanyama revealed the Stars are ready for the game which will evoke memories of the failed Equatorial Guinea and Gabon 2012 qualification quest when Uganda Cranes needed victory over Kenya at Namboole in 2011 but fired blanks.

Meanwhile, making it to the Kenyan team for the first time is England-based central defender Joshua Kipkemboi, popularly known as Josh Lelan, who most recently tried out with fourth-tier side Plymouth Argyle and was also said to be headed for a trial at Swedish third-tier side Vasteras SK. The 21-year old player has previously played for Derby County, Swindon Town, Gateshead and Northampton Town.

A couple of more players are expected to join the Uganda team on Monday six days before Micho leads the Cranes at Namboole as they look to end a 40-year qualification wait.

Godfrey ‘Jajja Walu’ Walusimbi, Yunus Sentamu (FC Ilves in Finland), Dennis Onyango (Mamelodi Sundowns), Hassan Wasswa Mawanda and Erisa Sekisambu (has been on trials in Lebanon), William Luwagga Kizito (Rio Ave), Moses Oloya (Kuban Krasnodor), Tonny Mawejje (Throttur) and Geofrey Baba Kizito (Than Quang) are the players expected ahead of Tuesday’s international build up with Kenya.

Ismail Watega, Benjamin Ochan, Rashid Toha, Isaac Isinde, Nicholas Wadada, Joseph Nsubuga, Joseph Ochaya, Halid Lwaliwa, Abdulmalick Vitalis Tabu, Kezironi Kizito, Edrisa Lubega, Ivan Ntege,Timothy Awany, Khalid Aucho, Vincent Kayizzi, Goeffrey Serunkuma, Geoffrey Massa and Muhammed Shaban are already in camp

Meanwhile, the Cranes held a closed door trial match against the reigning Azam Uganda Premier league champions, Kampala Capital City Authority (KCCA) on Sunday at Namboole.

Youthful striker Muhammed Shaban who plays at Onduparaka football club scored the lone strike of the day.

Micho used two teams where each featured for a half apiece.

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EALA pushes for adoption of Swahili

Hon Abubakar Zein, the mover of the Resolution.

EALA is to push for recognition of Kiswahili as one of the official languages of the Community, and has already passed a Resolution to urge the Summit of EAC to amend the Treaty for the establishment of the Community.

EALA also asked the Council of Ministers to allocate adequate resources to EAC Kiswahili Commission to effectively carry out its mandate.

 Hon Shyrose Bhanji, seconded the Resolution on Kiswahili
Hon Shyrose Bhanji, seconded the Resolution on Kiswahili

The Resolution moved by Hon Abubakar Zein wants the Partner States to promote and allow the use of Kiswahili in official domains. The Resolution which received wide acclaim was seconded by Hon Shyrose Bhanji and Hon Abdullah Mwinyi.

Hon Leonce Ndarubagiye emphasizes a point on the floor of the House
Hon Leonce Ndarubagiye emphasizes a point on the floor of the House

According to the resolution, Kiswahili is the fastest spreading African language across the globe and the African Union has made it one of its official languages.

Hon Zein said embracing the Kiswahili language is also bound to increase the participation of the people of East Africa in the Affairs of the Community as well as promote African culture. Kiswahili is flexible and has its root in the bantu language which constitute more than 50 per cent of African population.

Hon Mike Sebalu supported the Resolution to amend the Treaty to make Kiswahili one of the Official languages of the EAC
Hon Mike Sebalu supported the Resolution to amend the Treaty to make Kiswahili one of the Official languages of the EAC

The regional legislators commended the Resolution saying its passage would enable the immediate negation of the perception that the Assembly is for the elitist population and instead embrace the principle of a people-centred Community.

Hon Dora Byamukama hailed the move as positive for the region. “The Assembly also needs to be practical to acknowledge that there are some Partner States such as Uganda have a large population that does not speak Kiswahili and in the Treaty there is a provision for development as a lingua franca”, she said.

On her part, Hon Dr Odette Nyiramilimo called for the establishment of a Kiswahili Learning Centre to enable staff, Members an all stakeholders involved in the integration process to fully comprehend the language.

Kiswahili is a Bantu language and the first language of the Swahili people. It is a lingua franca of the East African Community and the Great Lakes region.

 

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IGAD backs Machar to ‘reclaim’ vice presidency

South Sudan rebel leader Riek Machar meets President Yoweri Museveni, a key player in efforts aimed at restoring peace in the wartorn South Sudan.

The East African regional body, the Intergovernmental Authority on Development (IGAD), said the controversially replaced South Sudanese First Vice President, Riek Machar, must reclaim his position in the transitional unity government in the country as the legitimate First Vice President.

IGAD said they have not changed their position in a communiqué released last month which called for the newly appointed First Vice President, Taban Deng Gai, to step down and for Machar to resume his work as the first deputy president.

The comments from IGAD came days after the United States Secretary of State, John Kerry, said the replacement process was an internal matter and did not break the peace agreement.

Kerry made the comments while on a visit to the Kenyan capital, Nairobi last week.

However, IGAD member states including Ethiopia which chairs the body, ‘questioned’ John Kerry’s comments, according to the CCTV Africa which reported from Addis Ababa.

They reaffirmed their position that Machar is the legitimate First Vice President, who should assume his post upon arrival in Juba, the South Sudanese capital.

Earlier, Machar’s spokesperson, James Gatdet Dak, criticized the comments from the US top diplomat, saying Kerry’s opinion was against the IGAD communiqué as well as against a resolution passed by the United Nations Security Council (UNSC) which described the controversial replacement in Juba as ‘inconsistent’ with the peace agreement.

But President Salva Kiir’s spokesperson, Ateny Wek Ateny, criticized IGAD for wanting Machar to return to the position, saying Gai has a better working relationship with President Kiir.

Opposition officials on the other hand said Gai is liked by Kiir because he will not ask for the full implementation of the peace deal, but will instead allow for scrapping of major provisions and block the needed reforms in the country.

 

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Museveni, Zuma discuss South Sudan, Burundi clashes

President Yoweri Museveni yesterday held a bilateral meeting with his counterpart, President Jacob Zuma of South Africa at the sidelines of the Tokyo International Conference on Africa Development (TICADVI).

The meeting took place yesterday evening at the Kenyatta International Conference Center in Nairobi, Kenya. The two-day Conference ends today.

President Museveni and President Zuma discussed matters of mutual interest between the two countries.

Uganda has been identified as an anchor state for South Africa, particularly given its geo-political position within the East African region, its relative economic size and importance for trade with South Africa and as a destination for South African investment; and its strategic importance within COMESA, EAC and IGAD and ICGLR for purposes of deepening regional integration, continental development and regional security.

The two countries have participated as key role players in the Burundi Peace Process, with Uganda as Chair of the Regional Initiative and South Africa as Facilitator.

Uganda is currently playing a major role in maintaining stability within the region. For a number of years Uganda’s troops have formed the backbone of the AU Mission in Somalia (AMISOM) which SA supports.

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