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Segona scoffs at Kasule Lumumba, labels her idle and redundant

By
Geoffery Serugo
-
Medard Segona

Busiro County East MP and the lead lawyer in the presidential election petition filed by Robert Kyagulanyi Ssentamu aka Bobi Wine, Lubega Medard Segona has scoffed at the Secretary General of the National Resistance Movement (NRM) Justice Kasule Lumumba saying that she is idle and redundant.

Sseggona said shortly after the pre-hearing of the presidential election petition which took place earlier today at the Supreme Court. During the session, Segona said that his client Bobi Wine directed him to withdraw the case noting that the court declined to receive his evidence.

He said that Bobi filed his affidavit confirming the withdrawal of the matter however the court directed the led lawyer to as well file his affidavit before Friday.

Speaking to the media after the court Session, Mrs. Lumumba said the Bobi Wine swore his affidavit and that Segona knows that he had to also file his affidavit but he is acting comedy.

“I urge you to go and bring your affidavit because it is a requirement as the law stipulates. Kyagulanyi played his part, you as well go and play your role,” she said at the Supreme Court.

Segona said they will follow what they know and according to the law but not Lumumba’s ignorance.

“The committed the offence, do they want to tell the nation that they don’t know why they were dragged to court. By the way, who dragged Lumumba to court? Some people are idle. I have never dragged her to court or the NRM. I sued the election thief and when you decide to accompany the thief you are not supposed to complain,” he said.

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Man arrested for stealing number plates in Kampala

By
Our Reporter
-
Thief being arrested by police

Police in Ntinda have arrested 25-year-old Farouk Matovu, who is a hawker and resident of Nakawa for stealing motor vehicle number plates in Kampala City.

According to the Kampala Metropolitan deputy spokesperson Luke Owoyesigyire, he said Matovu was arrested from Nakawa near Total after being trailed for a long period of time by a team of officers.

“Yesterday 23/02/2021 the OC Station Ntinda received information from a reliable source about a thief of motor vehicle number plates identified as Farouk Matovu aged 25 years a hawker and resident of Nakawa area in Kampala City,” Owoyesigyire said.

During his interrogation, Matovu told the officers of how he has been stealing many number plates from areas of Ntinda, Kiwatule, Kulambiro, Naguru and surroundings areas.

Matovu alleged that he moves at night around midnight plucking off vehicle number plates and leaving behind a paper on the front screen of the car stating the telephone number to reach him on if you want to get back your number plate.

Whenever the victims call the number they are instructed to send money via telephone and then he directs the victim where he hid the number plates.

He hides them in either the nearby bush, buries them in nearby gardens or in heaped rubbish near the victim’s residence.

After his arrest, he took Police around where he hid the victims’ number plates. About nine number plates have been recovered from Kigoowa, Northern Bypass, Kiwatule and Kulambiro.

stolen number plates

They include: UBA 670Q, UAT 783Y, UAW 379Y, UAR 859K, UBB 475N, UAR 261K, UAJ 019P, UAH 907Q and UAR 859K.

“Investigations are still on with an aim of recovering more number plates and have the suspect arraigned before courts of law on allegations of theft of number plates,” Owoyesigyire said.

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In whose interest is proposal to enlarge tenure of Parliament to 7 years?

By
Guest Writer
-
Mr. Deus Mukalazi

 

By Mukalazi Deus Mubiru

Research Associate-Democracy and Rule of Law

Great Lakes Institute for Strategic Studies (GLISS).

 

On February 10th 2021, the Chairman of the Parliamentary Legal Affairs Committee made a report to parliament recommending extension of tenure of parliament to seven years and called upon government to commence the process of effecting the same. This was a rather extraordinary recommendation because the Private member’s bill by Ndorwa West Member of Parliament Wilfred Niwagaba to which the committee was responding did not propose so.

Secondly, the Constitutional Court had in 2018 extensively discussed the matter and ruled that extension of tenure beyond what is provide for under emergencies in Article 77(4) required a referendum as parliament did not have the powers to just amend it. One wonders, why would parliament want to subject us to a referendum over something that has not been asked by the people? In whose interest is this move?

In 2017, Hon Raphael Magyezi, a member of the 10th Parliament, representing Igara County West Constituency, Bushenyi District, moved a motion in Parliament seeking leave to table a private member’s Bill to amend the Constitution. Leave was granted as prayed; and so, he introduced Constitutional (Amendment) Bill No. 2 of 2017; seeking to amend Article 102 of the Constitution by lifting the Presidential age limit provision from there.

In the course of the passage of the Bill in Parliament, more specifically at the stage of the second reading of the Bill, when the House was sitting as a Committee of the whole House, two separate motions were moved to amend the Bill.Extension of the tenure of parliament from 5 to 7 years was one of them, the other being reintroduction of term limits. These were both passed by parliament as part of the 2018 Constitution Amendment Act.

 

In Constitutional Petition No 3 of 2018, otherwise known as the age limit case, Uganda law Society, challenged the Act and contended that in extending the term of 10th parliament and local government councils, parliament had gone against the Constitution. The learned Solicitor General and the Deputy Attorney General argued then that there was nothing wrong with Parliament extending its own term as long as they did it in compliance with the Constitution and even argued for its retrospective application.

 

In resolving the issue, Court noted that although on the face of it, the extension of the tenure fell within the general power conferred upon parliament under Article 79 of the Constitution to make laws, it is questionable, whether the amendment met the test for validity; namely, that it was so done for the peace, order, development, and good governance, of Uganda. Court in disagreeing with the law makers reasoned that the reasons given in Parliament for the two–year extension, such as the need to afford Members of Parliament time within which to acclimatise themselves with the procedure in Parliament; and yet the law sets a high academic qualification for being elected to Parliament, betray the true intentions behind the amendment.

By recommending that government commences the process of increasing the term of all political offices from 5 to 7 years, the Chairman of the Committee suggests that the Court struck out the proposal purely on technical grounds, namely, that it was not included in the certificate of compliance submitted by the Speaker. This is not true. Their Lordships held that whereas Article 77(4) which provides for circumstances under which parliament can extend its tenure, is not entrenched, it was implicit from the object of such provisions, the general power of Parliament to amend them are as much curtailed as if they were expressly provided for under Articles 260 or 261 of the Constitution which requires a referendum.

The spirit of the judgement in the case of Mabirizi and Others v Attorney General, both at constitutional petition and appeal level is that a Committee of parliament or even a Member of Parliament cannot introduce an amendment into a Constitutional Amendment Bill. Parliament can only pass or reject the proposals in the original Bill but not new proposals from the committee or by MPs on the floor.

Resurrecting the recommendation, well aware that the Constitutional and Supreme Courts had extensively discussed this and ruled against it, vindicates the suspicion of the Constitutional Court when it observed that the amendment to extend tenure of parliament fell short on convincing that it would be in public interest of protection of guaranteed rights but rather for the benefit or satisfaction of narrow interests of a section of the people only. And by the look of things, the committee has a huge task to convince Ugandans why we should spend money in a referendum on an issue Ugandans don’t consider so pressing. We hope our members of parliament reject this.

 

 

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Bobi Wine’s application to withdraw petition hangs in balance as Court issues stringent guidelines

By
Geoffery Serugo
-
Bobi wine

Former National Unity Platform Presidential (NUP) Presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine has formally filed a petition seeking for withdrawal of the matter in which he challenges President Yoweri Museveni’s victory in the just concluded elections.

The revelation was made by the MP’s lawyer Medard Seggona when the matter came up for pre-hearing at Supreme Court. Presided over by a panel of judges led by the chief Justice Alofonso Awinyi-Dollo, Seggona said that his client directed them to withdraw the case on grounds that the court declined to receive his evidence.

He said that Bobi filed his affidavit confirming the withdrawal of the matter however the court directed the led lawyer to as well file his affidavit before Friday.

In tandem the Chief Justice directed the respondents (Museveni and Electoral Commission) to file their submission before the end of Saturday and then the applicant will file a rejoinder. Robert Kyagulanyi’s application seeking to withdraw the Presidential petition will be published in the Uganda gazette first before it can be entertained by the Supreme Court.

The chief justice said if all the processes are followed before the end of this week, the petition will be held next week.

Earlier this month, Bobi Wine petitioned the Supreme Court challenging President Yoweri Museveni’s victory in the just concluded January general elections saying that the election was not free and fair.

He contended that throughout the campaign period the People of Uganda generally, and more particularly his supporters endured untold suffering, torture, degrading and inhuman treatment on the orders of Gen Museveni. He cited the dark days of 18th and 19th November 2020 which saw over 50 innocent, unarmed citizens murdered in cold blood by the police and military.

Last week the Supreme Court declined to receive over 200 pieces of evidence from his lawyers who were led by Anthony Wameli. The court registrar Ssali Harriet Lukwago said the Supreme Court could not receive the affidavits because they were filed beyond stipulated time as agreed during the pre-hearing session held on Thursday last week.

“Among the rejected evidence included the affidavits of the NUP secretary general Lewis Lubongoya, videos of pre-ticket ballots, and evidence of various polling stations where the incumbent got 100%. At Lwaweba polling station where they claim that Museveni got 100% seven of my relatives who votes from that station didn’t vote, two pregnant women were in the labour ward and two were arrested,” he said yesterday.

A week ago, Supreme Court chaired by the chief Justice Alfonso Owiny-Dollo dismissed the MPs petition where he sought to adduce more grounds to support his 26 claims of election fraud, for which he wants president-elect Yoweri Kaguta Museveni annulled.

In the fresh grounds, Bobi contended that Mr Museveni was not qualified as Candidate and could not lawfully Contest in the Presidential Elections being a person in command of military and police contrary to Presidential Elections amendment Act and the Constitutional Amendment

In tandem, the MP asked Justice Owiny Dollo, Mike Chibita to back off from hearing the matter because of a clear conflict of interest. He said Chief Justice represented Museveni as his lawyer in the presidential petition filed by Dr. Besigye in 2001 and the former DPP Chibita is Museveni’s former private secretary for 7 years. And yesterday Dollo declined to recuse himself from the bench.

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MPs reject 7 year term recommendation

By
Our Reporter
-
Parliament of Uganda

A recommendation by the Committee on Legal and Parliamentary Affairs to have the tenure of all elective offices extended to seven years has met stiff resistance from Members of Parliament.

In its report on the Constitution (Amendment) Bill, 2019 sponsored by Hon Wilfred Niwagaba (Indep., Ndorwa East), the Committee had sought to interest government in considering the idea of extending terms from five to seven years, a proposal that has since rattled the public.

“It is the considered opinion of the Committee that the term of five years is insufficient for the implementation of the manifesto in order to have a meaningful impact on the development of the country,” notes the Committee report in part.

It continues: “we recommend that the government commences the process of increasing the term of all political offices from five years to seven years, which is in compliance with the provisions of the Constitution and should not apply to the Parliament in which the proposal is effected.”

The proposal excited a section of the media and civil society, which took to social media to maul the Committee with severe criticism, saying it is a ploy to extend the term of Parliament for seven years.

Committee Chairperson, Hon Jacob Marksons Oboth has faced stern criticism from MPs opposed to the proposal.

But MP Francis Mwijukye (FDC, Buhweju), was unmoved.

“What you are seeing are attempts to lead us into temptation (sic); we should not be led into temptation by the Committee led by Oboth Oboth,” he said.

West Budama North MP, Hon Richard Othieno said the proposal should be rejected, but Oboth Oboth was quick to rejoinder, saying there is no such proposal in the Bill, except that the Committee, in line with tradition, is making broad recommendations for the consideration of government and Parliament.

Oboth Oboth says it is unfortunate that the proposal is being used to distort debate on the actual contents of the Bill.

Othieno supported a proposal to make the army representatives in Parliament ex-Officios, which comes from Niwagaba’s position to have the UPDF altogether removed from Parliament.

“By law, the army is not supposed to be partisan; what we do in Parliament here is partisan politics; there is no way the army can continue in the House and remain non-partisan,” he said.

Justice and Constitutional Affairs Minister, Prof Ephraim Kamuntu attempted to stop the debate on grounds of lack of quorum and some of the contents of the Bill having elements that place a charge on the Consolidated Fund-which cannot be fronted by a private member-but his plea was rejected.

Kamuntu termed the Bill as “an attempt to overthrow a Constitution through a Private Members’ Bill,” further saying “amending a Constitution piece-meal distorts the coherence of the Constitution.”

Speaker Rebecca Kadaga said government has dilly-dallied with the introduction of an omnibus Bill to comprehensively amend the Constitution.

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Court of Appeal to handle 48 Civil Matters in three weeks

By
Our Reporter
-
Court of Appeal to handle 48 Civil Matters in three weeks

The Court of Appeal this week kicked off a three-week long session of day to day hearings where 41 Civil Appeals and seven applications are going to be handled.

The session, which is the second for the Court since the year begun, is being presided over by Justices; Geoffrey Kiryabwire, Monica Mugenyi and Remmy Kasule.

The Court’s Registrar, Susan Kanyange, explained that most of the Appeals being handled are matters which were filed in 2013 and another in 2006.

“In this session, their Lordships are majorly handling old appeals with an exception of three matters that were filed last year. Our practice is to follow the principle of first in first out,” she said.

Adding that the Session is one of the efforts by the Court to backlog.

The Court’s Ag. Assistant Registrar, Mary Babirye, reiterated this stance saying the Justices are doing everything possible to reduce backlog.

She urged advocates of the parties to file written submissions ahead of the hearings.

HW Babirye said the Court is following all the protocols put in place to avert the spread of Covid-19 by ensuring that only parties involved in the matters cause-listed attend the hearings.

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ViacomCBS Networks in campaign to support and inspire young people fight against malaria

By
Our Reporter
-
Monde Twala, Senior Vice President and General Manager at ViacomCBS Networks Africa.

ViacomCBS Networks Africa (VCNA) has partnered with the Zero Malaria Starts With Me (ZMSWM) movement to inspire and engage young people in the fight against malaria – the generation that can end this preventable disease. VCNA’s commitment to malaria and its powerful platforms will provide a unique opportunity to draw attention to the oldest and deadliest disease on the continent.

This partnership comes together at the crucial time in the fight against malaria. Despite the progress made since 2000, malaria continues to claim lives and COVID-19 has made the fight even harder. While 90% of life-saving malaria prevention campaigns were delivered as planned in 2020, the World Health Organization (WHO) is warning that disruption to malaria diagnosis and treatment could still lead to thousands of additional deaths across the African continent where 74% of the population is below the age of 35.

Therefore, it is crucial to build partnerships which can reach young people and ensure their engagement so that malaria doesn’t steal their futures.

VCNA is committed to driving purpose led social change and through its network championing and pioneering powerful and engaging edutainment across channel platforms for children and youth from MTV, MTV Base and Nickelodeon. Given the enormous economic and social burden of malaria on young people, VCNA’s ambition is to ensure that its platforms and creative content is a driving force behind further eradication of this disease.

On the 24 February 2021, VCNA will support the Draw the Line Against Malaria campaign – a new youth-focused creative campaign powered by African stars. The campaign aims to inspire young people to support the ZMSWM movement and call on their leaders at zeromalaria.org to commit to more action, more innovation, more funding and more political leadership to achieve zero malaria within a generation.

“By joining forces, ViacomCBS Networks Africa and Zero Malaria Starts With Me will bolster efforts to inspire and galvanise young people across Africa, and globally, in the fight against malaria – a preventable and treatable disease.  This collaboration will provide an opportunity to showcase the talent and positive energy emerging from the African continent and further engage youth audiences to take action for positive social impact. This is the generation that will end malaria,” says Monde Twala, Senior Vice President and General Manager at ViacomCBS Networks Africa.

“Through multiplatform edutainment content, integration of youth culture, trending music and youthful storytelling, we can play an important role to effect positive change and to achieve meaningful impact in malaria affected communities. ViacomCBS Networks Africa embodies and aligns to this vision of a Reimagined Africa,” continues Twala.

Lilies Njanga, Africa Director for Malaria No More UK, said “This partnership will create a powerful opportunity to reach young people in Africa and beyond with a rallying cry for them to step up action in the fight against malaria. We believe that art and music are universal languages that have the power to unite and inspire young people – ViacomCBS embodies and aligns to these values and reaches a global audience. Together we hope to inspire youth to become trailblazers and end malaria in their generation.”

This partnership follows VCNA’s dedication to social impact causes. In 2020 the network partnered with the World Food Program and UNICEF for the Africa Day Benefit Concert to raise funds for immediate food provision and health care in support of coronavirus-affected communities across Africa together with YouTube. The social impact series MTV Shuga in partnership with the MTV Staying Alive Foundation has led a formidable charge in effectively disseminating information and positively changing behaviour and attitudes through increased HIV testing.

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Bobi Wine should desist from playing mind games – NRM Secretary General

By
Geoffery Serugo
-
NRM Secretary General Justine Kasule Lumumba

The Secretary General of the ruling party, National Resistance Movement (NRM) Justin Kasule Lumumba has urged former National Unity Platform Presidential (NUP) presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine to refrain from playing mind games on Ugandans.

Lumumba was reacting to the MP’s decision of withdrawing the presidential election petition challenging Museveni’s victory in the just concluded elections. Yesterday, Bobi Wine announced that he ordered his lawyers to withdraw the matter after court declined to receive his evidence.

“We can’t be part of the mockery of justice. We have instructed our lawyers to withdraw the case. We were told that the withdrawal of the matter is a process.  This was a test, the electoral commission failed; the Supreme Court has as well failed. We have decided to take the matter to the court of public opinion; no one can convince you that the electoral commission was independent,” Bobi said.

Mrs Lumumba said; “Kyagulanyi should refrain from playing mind games on Ugandans. Political demagoguery will never see good in any situation or court process. It’s my opinion that political leaders should not use their selfish interests to put our institutions in disrepute.”

“Museveni has been in the struggle at the top level for over 50 years and he has worked with most senior leaders in the country. Besides, those justices are officers of court who swore an oath to uphold justice so their decisions are based on evidence adduced not acquaintances,” she said.

The withdrawal of the matter hinged on among others Justice Owiny Dollo, Mike Chibita decision to stay on the beach despite having worked with Mr. Museveni. “Chief Justice represented Museveni as his lawyer in the presidential petition filed by Dr. Besigye in 2006 and the former DPP Chibita was Museveni’s former private secretary for 7 years,” Bobi said.

“The Issue of Kyagulanyi alleging that Chief Justice Lord Owinyi Dollo and Lord Michael Chibita should recuse themselves because they ever worked with President Museveni is a far-fetched reason,” Lumumba added.

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Housing Finance Bank launches unsecured salary loan campaign

By
Our Reporter
-
MANAGING DIRECTOR- MICHAEL K MUGABI

Housing Finance Bank (HFB) has launched a consumer loan campaign aiming at delivering improved financial access to its growing customer base.

Speaking at the launch, Mr Michael Mugabi – the Managing Director at HFB said they have deliberately made the loans unsecured for the salaried customers, eliminating the need for any form of collateral.  Our customers can now access up to Ug Shs 300 million to take care of their personal development and acquire homes, plots of land, cars and other requirements as the country embarks on the path to economic recovery.

Asked what one needs to access this loan, Mr Mugabi said, “All they need is a salary account and an employment contract with your organisation.”

The Bank is offering amounts as high as Ug Shs 300m, with long repayment periods of up to 72 months to enable customers to have lower monthly instalments. For customers who wish to transfer their loans to Housing Finance Bank, special waivers on arrangement fees are readily available.

Mr Mugabi emphasized that one does not need to have banked with the Housing Finance Bank to borrow.

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Bobi Wine given up to tomorrow to withdraw petition or else the hearing will go on – Judiciary

By
Geoffery Serugo
-
Bobi Wine

Former National Unity Platform Presidential (NUP) Presidential candidate Robert Kyagulanyi Ssentamu aka Bobi Wine has been given up to tomorrow to file his petition calling for withdrawal of the matter in which he challenges President Yoweri Museveni’s victory in the just concluded elections.

On Thursday 14th January, 2021, the Electoral Commission conducted presidential elections where Ugandans exercised their constitutional rights of choosing a president who will lead them through a five year term. Uganda has a total 18,103,603 registered voters and 34,684 polling stations however only 10,350,819 people turned up to vote.

The presidential election which comprised 11 candidates was won by President Yoweri Museveni Tibuhaburwa Kaguta who got 6,042,898 (58.38%). His closest opponent Kyagulanyi Robert Sentamu got 3,631,437 votes (35.08%).

Yesterday, the singer announced the withdrawal of the petition after the Supreme Court declined to receive his evidence.

“We can’t be part of the mockery of justice. We have instructed our lawyers to withdraw the case. We were told that the withdrawal of the matter is a process.  This was a test, the electoral commission failed; the Supreme Court has as well failed. We have decided to take the matter to the court of public opinion; no one can convince you that the electoral commission was independent,” he said yesterday.

“Bobi Wine has not withdrawn the petition; we are just reading it on social media. He has two days to formally write to the honourable court calling for withdrawal of the matter or else the hearing will go on,” Solomon Muyita the spokesperson to the judiciary said adding that the court will then convene to deliberate on the matter before it.

He said that the court may decide to go on with the matter; award costs or another petitioner may go on the matter till it is disposed of.

Earlier this month, Bobi Wine petitioned the Supreme Court challenging President Yoweri Museveni’s victory in the just concluded January general elections saying that the election was not free and fair.

He contended that throughout the campaign period the People of Uganda generally, and more particularly his supporters endured untold suffering, torture, degrading and inhuman treatment on the orders of Gen Museveni. He cited the dark days of 18th and 19th November 2020 which saw over 50 innocent, unarmed citizens murdered in cold blood by the police and military.

Last week the Supreme Court declined to receive over 200 pieces of evidence from his lawyers who were led by Anthony Wameli. The court registrar Ssali Harriet Lukwago said the Supreme Court could not receive the affidavits because they were filed beyond stipulated time as agreed during the pre-hearing session held on Thursday last week.

“Among the rejected evidence included the affidavits of the NUP secretary general Lewis Lubongoya, videos of pre-ticket ballots, and evidence of various polling stations where the incumbent got 100%. At Lwaweba polling station where they claim that Museveni got 100% seven of my relatives who votes from that station didn’t vote, two pregnant women were in the labour ward and two were arrested,” he said yesterday.

A week ago, Supreme Court chaired by the chief Justice Alfonso Owiny-Dollo dismissed the MPs petition where he sought to adduce more grounds to support his 26 claims of election fraud, for which he wants president-elect Yoweri Kaguta Museveni annulled.

In the fresh grounds, Bobi contended that Mr Museveni was not qualified as Candidate and could not lawfully Contest in the Presidential Elections being a person in command of military and police contrary to Presidential Elections amendment Act and the Constitutional Amendment

In tandem, the MP asked Justice Owiny Dollo, Mike Chibita to back off from hearing the matter because of a clear conflict of interest. He said Chief Justice represented Museveni as his lawyer in the presidential petition filed by Dr. Besigye in 2001 and the former DPP Chibita is Museveni’s former private secretary for 7 years.

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