Category Legal issues

STATEMENT BY HON. MINISTER OF INTERNAL AFFAIRS, H. ONEK ON THE SEARCH OF THE PREMISES OF THE DAILY MONITOR PUBLICATIONS AND THE RED PEPPER PUBLICATIONS


1) The on-going search by the Police of premises of the Daily Monitor publications and the Red Pepper publications is part of Police investigations into the letter that appeared in the Daily Monitor dated 7th May 2013, purportedly written by Gen. Sejusa to the Director General, Internal Security Organization, (ISO), and copied to a number of senior security officers, as well as investigation of documents, purportedly originating from Gen. Sejusa, that were published by the Red Pepper.

We wish to state from the outset, that in conducting this search, indeed, in carrying out this investigation, the Police have acted professionally, and within the law.

2) On Daily Monitor publications, the interest of the Police, and other sister agencies is to get the letter published by the Daily Monitor, and, given its security classification, investigate how the Daily Monitor got it, and possible violations of the law that may have been committed, especially, in respect of the Official Secrets Act, and the UPDF Act.

Logically, at the beginning of the investigation, the interest of the Police was to establish the authenticity of the letter published by the Daily Monitor. Police inquired from the Director General, ISO who stated that he never received the letter. The Chief of Defence Forces (CDF) as well as the Director General, External Security Organization (ESO), to whom the letter was supposed to have been copied to, also, did not receive their copies.

Evidently, at that stage, it was only the Daily Monitor, who was in possession of the letter. Accordingly, the CID then summoned the Managing Editor of Daily Monitor publications, and the journalist who authored the story in which the letter was published, to assist in getting the letter as well as disclose the source of the letter. They refused to cooperate with the CID.

Subsequently, the CID applied, and got a court order under sec.38 of the Press and Journalist Act, to compel them to cooperate. In addition, the CID got information that the Daily Monitor publications, was in possession of other documents in relation to the contents of the letter, which they intended to publish. They, then, in addition, sought and got, from court, a search warrant to search the premises of the Daily Monitor publications. The search warrant was served and, duly acknowledged by the management of the Daily Monitor.

The search began on Monday, 20th May 2013, and, is, still on-going. I wish to clarify that Daily Monitor publications, KFM, and Dembe FM have not been closed. They have been asked to halt operations to facilitate the search and investigations on their premises. Indeed, from the moment the search began, the premises were declared a scene of crime under the custody of the Police. Consequently, Monitor Publications, KFM and Dembe FM (which are on the premises) had to be asked to temporarily stop operations so that routine activities and traffic in the premises associated with their business do not interfere with Police work. The search will go on until the letter and those other documents relating to the letter are found. Police have asked the management of the Daily Monitor to cooperate so that they expedite the exercise. Indeed, the duration of the search depends on whether or not the Daily Monitor cooperates with the Police in their investigations. Todate, they have declined to cooperate.

3) We should point out that this is not the first time Police is carrying out a search. In the course of investigations, Police sometimes finds it necessary, as in this case, to carry out searches. Incidentally, even in this particular case, Police, earlier, carried out a search of the offices of Gen Sejusa in the presence of his lawyers without any incident, and the premises remain a scene of crime. It is, therefore, surprising that anybody should make issue of this routine procedure in investigations when it comes to searching media houses. Are media houses governed by laws other than those that the rest of society are governed?!

4) On the Red Pepper publications, the Police has initiated investigations into publication of documents, purportedly originating from Gen Sejusa, and published in successive stories in the Red Pepper for possible violation of criminal laws. Similar to the case of the Daily Monitor, the Police sought and got a search warrant to look for these and other related documents as well as stories which violate the laws of Uganda.

5) Noteworthy, while the Press and Journalist Act, sec. 2 gives the right to publish a newspaper, that right is not absolute. It is qualified by sec.3 of the Act, which provides that the right does not absolve any person from complying with other laws. Even without that section, the right to publish a newspaper cannot mean that journalists and publishers, in doing so, are free to commit crimes.

The Police is committed to the rule of law and to respect the rights and freedoms of the media, as well as other persons and groups. However, at the same time, we have a constitutional mandate to ensure that the laws of Uganda are respected and upheld.

6) In conclusion, let me emphasize and assure all of you that the Daily Monitor publications, KFM, Dembe FM, as well as the Red Pepper have not been closed.

Lt. Gen.Kayihura Denies Stitching up Top Regime Officials: Nyakayirima, ‘Tinyefunza’ and Mbabazi


LOVE
His Excellency Yoweri Kaguta Museveni
The President of Uganda,
P.O.Box 25497
State House,
KAMPALA.
January, 20th,2013

Yours Excellency. I am Catherine Ddembe, the FDC councilor of Mpigi district and a close friend of Ssebina Ssekitoleko your NRM mobiliser for several years. Around September 2012, I was requested by -y friend Sebina to meet the Inspector General of Police, Lt. General Kale Kayihura to discuss some urgent matters. I agreed to meet General Kayihura in his office at Police Headquarters on Parliamentary Avenue, he asked me to do a mission for him and in return, I would be paid whatever I wanted.

He offered to give me a title for a house in Kampala and a scholarship abroad for further studies. He wanted me to visit my friend Michael Kabaziguruka, the Vice Chairman FDC Electoral Commission at Luzira Prison, where he was remanded on treason charges to convince him as well as Frederick Namara who was once your soldier in PGB and others that were facing similar charges to confess to having been rebels.

Dr. Kizza Besigye he said is a problem with his attempts to overthrow government. He wanted me to convince Kabaziguruka to give a written confession saying this. I got worried when he also asked me to say that the Prime Minister Amama Mbabazi, the Chief of Defense Forces General Nyakairima, General David Tinyefuza, and others were the funders and leaders of this rebel group. As a supporter of FDC, you know that I do not support the People’s Redemption Army. If Kabaziguruka and the others agreed to cooperate, they would get their freedom and 200 million shillings each.

I was scared, but I still went to visit the prisoners. ln fact, I visited them many times but my conscience was not clear. I even went to Nakawa court when they were taken there. Ssebina drove me all the times and I felt I could not say no. My friend’s reaction to my offer was of suspicion. They claimed that they had been framed regarding rebel activities, and were not willing to confess in case they ended up in jail forever. Then they told me some other FDC member had also approached them telling them that they were to be poisoned in prison. They told me to go talk to their lawyer Rwakafuzi. When I reported back to the IGP, he said he would talk to Rwakafuzi himself. I did not tell Kale of the poison threats on the prisoners.

A few days later, Kale called me and informed me that Rwakafuzi had refused the offer and said that his clients were innocent in the first place. Then Kale told me to continue engaging my friends at Luzira to convince them that they would find them another lawyer. He even offered to pay their legal fees and upon their release they would be paid 400 million shillings each. I went to talk with Kabaziguruka and Namara again but they refused saying they would die. Kabaziguruka refused saying that in his life he had never met with Mbabazi, Sejusa and Aronda and he can’t help NRM sort out its internal fights.

As for Besigye, Kabaziguruka said that he will die first before implicating his President. When I reported back to Kale, he became angry and insisted that I must finish my mission since he had already arranged a meeting for me with you during your visit to his father’s memorial service in Kisoro last October. After that I went back and met Kabaziguruka and Namara while they were appearing at Nakawa High Court but again they refused.

On Independence Day, Kale called me and informed me that he would skip the Independence celebrations at Kololo and that I should meet him in Muyenga Community Police Post. I wondered why the IGP would miss the Golden Jubilee celebrations and want to meet me. When I arrived, Kale accused me of not doing enough to convince my friends at Luzira to cooperate and yet this operation was blessed by you. He talked a lot about how this operation began Your Excellency, I beg to meet you and tell you more when it is us two.

He told me that the arrest of Kabaziguruka and friends was a set up. This is also what Kabaziguruka had been telling me when I visited him. But Kale said it was your Special Forces that planted those guns. Afande Brig. Muhoozi Kainerugaba had assigned his most trusted soldier, Captain Kashakamba to carry out the operation. I did not believe him and told him that I was scared and wanted to get out of these things.

I feared also now that I would be killed. Kale gave me 20 million shillings to continue with Kabaziguruka group until they agreed to the deal. 20 million was supposed to take care of their families and their welfare at Luzira. Kale told me that he had deployed police escorts to guard the Kabazigurukas on the way to and from Nakawa High Court and that this was a way of putting pressure on them to show them that they had no alternative but had to accept his offer.

While we were seated together, Kale received a phone call from someone he kept on calling as MK. He told him that he had received reports that the Besigye/Mbabazi, Aronda,Tinyefuza group was planning to ambush the prisons vehicle that was transporting the Kabaziguruka’s to court and kill the suspects in order to stop them from talking’ In addition to this, he reported to the same MK that the group had some rebel troops already in Kampala and were planning to attack Mbuya Miltary Barack Naguru Police Barracks and other isolated police stations in central Region. And then Kale told MK that he had requested for 127 billion shillings to sort this out and they were delaying’ He also said on phone that the request was sent to Finance under “supplies” and they were delaying. He told the person on the other side of the phone that they would put pressure on Finance through you since the rebels were becoming stronger.

When he got off the phone, Kale told me that since the Kisoro meeting with you did not happen’ he wanted me to meet you at another time. He told me to tell you that my friends in Luzira had confessed in me that the leaders of their rebel group were NRM leaders in the army and in the party and that also Besigye had carried the other army generals to meet to the Kabaka at his palace in Banda where Kabaka had given his blessing. He also told Muganda me that since the inmates refused to confess, my story would be enough. I am a Your Excellency. I cannot speak about the Kabaka like that.

Your Excellence I decided then that i was going to go in hiding. This man was using your name and I did not feel safe. To know Kale is doing a bad thing, he said he would travel with Ingrid Turinawe our chairperson of FDC women’s League to Norway. From Norway he wanted to buy a confession from a man called Frank Atukunda who is a political refugee in Norway. But when I asked Ssebina why Norway, he told me, Kale was going to Rome for an International police conference. Ssebina told me that I should not talk’ nobody knew he was going to Norway and everyone thinks he will be in Rome. Kale would fly to Thailand to meet you and hand over the confessions he gets in Norway himself.

After this, I got scared and decided to go hide in the village for some time. My conscience was not clear so I asked my relatives and some party members what to do. I was advised to run away from Ssebina and Kale because they are dangerous and powerful. Can you imagine Your Excellence, that Ssebina is so powerful that even Kayihura took him to address the police council? Also Ssebina moves with 5 guns in his car.

Your Excellency, I have written to you because I fear for my life. These people are using your name’ I am also seeking audience to tell you more. The recent problems in Kampala must be the work of IGP Kayihura and Ssebina and their people to justify the existence of the rebel group’ I say this because I have heard Ssebina boasting that these killings are being done by a unit in police headed by a man called Nixon.”

Bayera Gacumba

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This work of fiction by very evil and malicious persons. I have never met, talked to Dembe Catherine, let alone what is being alleged here. The alleged meetings, and conversations simply did not happen. Preliminary investigations clear show that the letter itself is fictitious. I did not realize how evil, diabolical some human beings can be! No wonder, they crucified Jesus, and this weekend have no shame celebrating his resurrection.

GENERAL KALE KAYIHURA
UAH MEMBER AND POLICE BOSS IN KAMPALA

Besigye to Museveni: The NRM regime is a military dictatorship


I thank Mr Museveni for the elaborate response to remarks I made; published in the 3rd February Sunday Monitor. I am grateful that he did not threaten to crush or put me 6 feet under, as sometimes happens. Reasoned arguments are, indeed, the rational way to deal with differing views.

I am also grateful because Mr Museveni’s response goes a long way to confirm central themes in my remarks for those who may have had doubt. My remarks covered two central themes; the role of the military in the NRM regime (prompted by recent utterances of coup threats) and the achievements of the NRM regime. In this response, I will only deal with whether the NRM regime is a military dictatorship.

Mr Museveni clearly states in his response that “An NRA/UPDF Military government, provided we had our own financial resources (we did not have to depend on the outside for money) would have moved much, much faster on the transformation of Uganda and Dr Besigye knows that very well”.

He laments that indiscipline by the political actors, saboteurs, or egocentric actors was allowed to cause “needless debates” that delayed progress, including industrialisation. The undisciplined political actors, saboteurs, and egocentric actors from his narrative are people in NRM or opposition parties that question his government’s policies or actions.

He cites (as many times before) the example of MPs who opposed the Bujagali dam project. I intend to comment on Bujagali’s delayed completion when dealing with NRM’s achievements.

For now, what’s important to note is that legitimate, necessary debate on policy and parliamentary oversight is regarded by Mr Museveni as subversive. Having views different from his is indiscipline and egocentric! This underpins how Mr Museveni relates to Parliament (and other institutions of State) up to now.

It is possible to have an efficient Military regime; that espouses good development policies, is disciplined and acts patriotically to spur development. In such a regime, however, citizens have very limited or no power and their rights and freedoms can be abused at will.

This is a Military dictatorship; it’s ability to spur development notwithstanding. In any case, this kind of regime will inevitably degenerate into a corrupt and decadent monster due to the absence of checks on it. This desired path of Mr Museveni could not be pursued because, as he admits, he didn’t have his own financial resources and “had to depend on the outside for money”. This, then, is what compelled him to opt for a civilian cover to the regime.

Even if the NRM military regime had all the money and was not inconvenienced by civilian “saboteurs”, it would not have transformed Uganda. This is because the leaders of the military regime have no ideological clarity and commitment; they are not patriotic or disciplined.

Without the “saboteurs”, Saleh would not have been forced to resign twice due to corruption; what has been witnessed in ghost-soldier scandals, procurement scams in UPDF etc, would have been the centre-stage of government. The privatisation of public companies scandal is well known; “Saboteurs” saved Dairy Corporation from being sold for $1 dollar by Mr Museveni; etc.

Mr Museveni asserts, in his response, that “since 1986, NRA/UPDF ensures peace as well as stability and the civilians manage or mismanage the politics, the administration and the justice”.

He claimed to be answering me “for the young people who do not know our history”.

As part of informing the young people, can Mr Museveni deny the following or accept lying to them:
- From 1986 to 1996, Lt. Gen. Museveni was the President and head of government, Minister of Defence, Speaker of Uganda Parliament, and Operational Commander of the Defence Forces.

- 40% of the NRC Members (MPs) were NRA officers.

- From 1986 – 1996, several serving NRA officers headed government ministries, departments of government, and Local governments.

- NRA was represented in the Constitutional (Odoki) Commission and in the Constituent Assembly.

- NRA Council (chaired by Lt. Gen. Museveni) debated and passed resolutions on restitution of Kingdoms.

- From 1996 – 2013, the UPDF has adversely interfered with elections; more especially, presidential elections. The Supreme Court judgments clearly document this. In 2001, the Chairman of the Electoral Commission wrote to President Museveni desperately stating that the election was being disintegrated by the Military (letter on Court record).

- Mr Museveni was reported to have publicly stated that he went through the furnace to get power and cannot be removed by a mere piece of paper. He didn’t deny the report.

- UPDF MPs sit on the NRM side of Parliament and vote (without exception) with NRM MPs.

- UPDF always surrounds the Parliamentary buildings whenever a controversial matter is to be voted on; eg: the abolition of presidential term limits.

- UPDF (Black Mambas) have made a direct assault on the Judiciary twice.

- Lt. Gen. Museveni has made public ominous threats against the Judiciary that he refused to withdraw even when the entire Judiciary went on strike.

- Presently, there is threat of a military coup. In Mr Museveni’s response, he declined to clarify what he said in Kyankwanzi. What Gen. Aronda said was public.

The above cannot amount to civilians managing the politics, administration and justice since 1986. As I pointed out, what’s causing discomfort now is that the thin veil of civilian participation has started challenging the Ssabagabi (King of Kings); thereby turning into saboteurs, egocentrics, opinionated, and undisciplined actors!

UPDF is not a professional state institution:

Again, Mr Museveni’s response to “Petty Issues” I raised helped to confirm that UPDF is not run as a professional state institution, but primarily a tool for regime protection. The following is noteworthy:
1. Mr Museveni says the Chief of Defence Forces (CDF), Gen. Aronda, salutes Gen. Saleh and Tumwine “because they are senior to Aronda in serving the country”. If the two are Serving Officers of the UPDF, what are the criteria of Seniority within the force? Sec 8 (2) of UPDF Act provides that CDF shall be responsible for Command, Control and Administration of the Defence Forces.

It means that all serving officers of UPDF are placed under the command and control of the CDF.

Saleh and Tumwine are not the only officers senior to Aronda in “serving the country”; is he therefore supposed to salute all of them. Can seniority be measured by the number of guns captured in battle or “firing the first (errant) shot at Kabamba”.

In professional military institutions, seniority is determined only by rank and appointment. Meritorious or exceptional service can be rewarded with medals or other decorations that do not affect the command structure in the Force.

Mr Museveni says he retired Gen. Saleh in 1989 for drunkenness and called him back in 1996 “when he corrected his ways”. Were the procedures for Discharge and Re-engagement provided for under the law followed? Only officers/men who did not offend the Code of Conduct can be re-engaged!

The only purpose for the clumsy, irregular seniority standard is to perpetuate Saleh’s control of UPDF as a regime force.

2. Muhoozi’s illegal recruitment, meteoric rise and preferential appointments:

Recruitment, training, deployment, and promotions of UPDF officers are regulated by the UPDF Act and Regulations- Conditions of Service for officers (CS-O).

All these are available at the Government Printers for anyone interested. These determine what’s lawful or illegal. Sec 51(1) of UPDF Act states that “Authority to recruit persons into the Defence Forces is vested in the Defence Forces Council”.

Regulation 7 of CS-O provides the procedure for Application for Commission. A person shall not be enrolled into the UPDF unless he/she fills a prescribed form and has been selected by a committee.

After enrollment, one must undergo the prescribed basic military training; during which, he/she is graded and reported upon by the officer in charge of training. After the training, one must appear before the Commissions Board for a decision of the Board whether that person shall be commissioned to the UPDF and whether he should go for an officer training in a military academy.

This is the legal process that Muhoozi did not submit himself to before getting enrolled and training as a Cadet Officer. How was he selected to attend the course at the Royal Military Academy, Sandhurst, UK?

Regulation 25 of CS-O provides for the promotions of officers. It states: (1) The promotion of an officer shall be recommended by the commanding officer, and the recommendations shall be considered by the Board on three different occasions and shall be within the following service brackets—
(a) after 12 months’ commissioned service, to Lieutenant;

(b) after five to six years’ commissioned service, to Captain;

(c) after 11 to 13 years’ commissioned service, to Major;

(d) after 18 to 20 years’ commissioned service, to Lieutenant Colonel; and

(e) after 21 to 23 years’ commissioned service, to Colonel.

(2) Notwithstanding subregulation (1) of this regulation, exceptional circumstances may be considered in addition to commissioned service.

(3) Promotions of officers above the rank of colonel shall be made by the commander in chief on the advice of the High Command.

(4) The High Command may vary the service brackets for promotions under this regulation.

Muhoozi illegally joined the UPDF in 1999 as a Cadet Officer; he was commissioned as Second Lieutenant in 2000. He became a Major in 2003; Lt. Col in 2008; and attained his current rank of Brigadier General in 2012, after 12 years of commissioned service.

He ought to have been considered for promotion to rank of Colonel after 21 years of commissioned service. Why hasn’t the “clogging on ranks” caused by lack of money to retire other officers affected Muhoozi? What exceptional circumstances advised his meteoric rise to his current rank in less than half the required time?

Is it also a coincidence that the “school friends he asked to bring along for elementary training during his “A” level holiday” have all had meteoric rise in rank and appointments of UPDF? I am not questioning their “patriotic ideological interest in the Army” or whether they are “Godsend to the Army” as characterized by Mr. Museveni. What I question is whether they follow the laws and regulations that govern UPDF.

When Muhoozi was, in 2007, admitted to the Command and General Staff College at Fort Leavenworth, Kansas, USA, he had to be given a temporary rank of a Major to enable him access to the course because he was still too junior for it. Were there no qualified officers with an appropriate rank to do the course?

Muhoozi’s spokesman Capt Edson Kwesiga while responding to my interview remarks in the New Vision of 5th February, wrote that “of course Besigye never attended any course, not even cadet”.

Let it be known that I was at a rank of Senior Officer in January 1986 (though now omitted in the official list contained in UPDF Act); was commissioned to the rank of Lt. Colonel, when formal NRA ranks were awarded in 1987; attended the Officers’ Basic Course (OBC) 2nd in-take in 1990 with, among others, the current CDF Gen Aronda (Captain at the time) and was presented a trophy by President Museveni for being the best in theory and in the field. I was never offered another chance for other courses till I retired in 2000.

Another matter of curiosity is that since Muhoozi was “commissioned” to rank of 2nd Lt., he has been attached to the unit that protects the president up to now. It was one unit (PPU), then a Brigade (PGB), and now Special Forces.

One would be justified in wondering whether he joined UPDF because of “ideological interest in the Army” as claimed by his father or simply to protect the regime.

Muhoozi is illegally in UPDF. The parliamentary Committee on Defence and Security should take interest in this matter. His commission should be nullified for it was illegally obtained.

3. Mr Museveni’s military combat dress: The reasons he advances for his actions are (a) he is the Commander-in-Chief (CIC), (b) he likes the uniform he has used while in previous wars, (c) he was sworn-in as president in the Army green uniform and (d) the World war veterans are a beautiful sight in their uniforms and a visual lesson in our history.

Military dress is supposed to be gazetted and regulated by law to protect the security of military installations, work and operations. Mr Museveni conveniently doesn’t refer to rules. Military attire cannot be determined by the likes of a person or by historic sentiments. The CIC of the Defence Forces must be a civilian according to our Constitution. That’s how the UPDF is supposed to be subordinate to civilian authority. It cannot be the license for donning combat uniforms. If the law provides for civilians putting on ceremonial military dress, they can do so.

Worse still Mr Museveni’s use of the UPDF combat uniforms is not restricted to official ceremonies. He has been prominently seen recently wearing combat dress for civilian burials, weddings, commissioning a small dam, addressing Makerere students etc. He even personally carries an assault machinegun, as he did while inspecting the Bududa mudslide disaster!

The timing of wearing military attire betrays the intention. It is brought out when there are political challenges (from the “saboteurs, undisciplined political actors etc); for which he needs to remind all concerned where the power lies.

All the above confirm that the NRM regime is essentially a Military dictatorship. Mr Museveni’s response also exposes his claim to being the NRM struggle; monopoly of the right/ correct information; micromanaging of the government and contempt for institutions.

Mr Museveni claimed in his response that I attacked the “achievements of NRM over the last 43 years of struggle for liberation”. NRM as an organisation was formed at the end of 1981.

NRM’s entire life before and after 1986 is 31 years. Museveni, however claims to have started struggling for Uganda’s “liberation” in 1969/70 as a student. His struggle is the NRM struggle! Replying or clarifying matters of government does not have to take the personal time of the president; forcing him to “abandon more useful work”.

Mr John Nagenda, Senior Presidential Advisor on Media, who would be well informed and responding to the “lies and malice” of the Monitor and its collaborators, is among those who, according to his boss, “appear to have been genuinely duped by this subterfuge manufactured by the Daily Monitor”!!

In conclusion, Uganda is presently run, essentially, as a military dictatorship; the UPDF is not run as a professional national institution envisaged under the law and Constitution, but as a regime-protection force; and Mr Museveni is the common factor in mismanaging the politics and the military.

editorial@ug.nationmedia.com

http://www.monitor.co.ug/SpecialReports/Besigye-to-Museveni–The-NRM-regime-is-a-military-dictatorship/-/688342/1691860/-/r5m1pv/-/index.html

Black Monday Movement In Uganda:Here is how Bishop Dr Zac Niringiye’s anticorruption crusade landed him into captivity


Vincent Nuwagaba

I find the 2013 Uganda quite humorous, quite enthralling but also bemusing as much as it is amusing. Since 2008, the government has treated me as a ball to be kicked by any policeman; it has taken me to be a drum; it has turned me into a punching bag. The reason has been simple: I speak too much and what I speak is too true to be fathomed. In fact, I have been portrayed as a problem everywhere. My colleagues in the human rights fraternity have ignored me; some of them have gullibly and naively concluded that I am mentally disabled never mind that the so-called experts have also declared me to be a genius.

Why do I begin with these opening remarks? On Monday February 4, I was arrested together with Bishop Zac Niringiye as we distributed the Black Monday Newsletter that chronicled corruption scandals by politicians and civil servants in the “visionary NRM government under the visionary leader” His Excellency Yoweri Museveni.

As we drove in Bishop Niringiye’s vehicle towards our next stage, we were blocked by the police patrol vehicle. Soon, I saw very many policemen armed to the teeth cocking their guns and I realized we had been arrested. While it may have come as a shock to the venerable Bishop, I found it quite usual and deep in my heart I was happy that the police had played into our hands.

A few minutes later, SSP Sam Omala ordered Bishop Niringiye to lower the window glasses. We were told to go to Wandegeya for a chat with the police and we obliged and we went in the company of two uniformed police officers both of them Cadet Assistant Superintend of Police.

As we reached Wandegeya, we found some students had also been arrested and they were asking why they were being subjected to anguish and torment. As I spoke in defence of the students, Bishop Niringiye rebuked me and told me he was going to chase me. At that point the man of God didn’t realize that he had already been arrested and he didn’t know that being soft with the police wouldn’t help him at all.

Minutes after arriving at the police city lawyer my friend Nicholas Opiyo arrived but he alone can tell the ridicule he was subjected to by SSP Omara and the Wandegeya Police station OC CID. Poor Nicholas and Zac thought they were going to use civil means with the police that has no scintilla of civility never mind that it is by law supposed to be a civilian force.
Our lawyer Nicholas Opiyo was reinforced by another prominent lawyer Deo Nkunzingoma, president Uganda Law Society. Because I am very close to Nicholas Opiyo and very close to Deogratias Nkuzingoma, I was tempted to think that they were there primarily because of me. In a short while, both the lawyers and my co-suspects became uncomfortable with me. Why? Because I never beseeched the police, I told them off and when the OC CID attempted to beat me, I told him that I would send him to his creator if he dared to touch me.

Inevitably, I was looked at as a spoiler and separated from the other suspects. I called my own lawyers – Asuman Basalirwa and tried getting in touch with Norbert Mao. Not because I despise Nicholas Opiyo for I know he is one the most brilliant young lawyers in Kampala but because he failed to understand one thing: that political questions are best answered with political solutions.

As a human rights defender and scholar I refuse to accept one thing. I will never negotiate with anybody when I know he or she is wrong. I will never sweet-talk anybody doing wrong. My approach works very well. My brains are superb and they never lie to me. This explains why I am now a free man but Bishop Niringiye is a captive because he still has to report to police on February 14. This explains why I never stepped in police cells but Bishop Niringiye and others did. This explains why I stayed in my shoes, stayed with my phone and all possessions but they rest had them removed.

The Black Monday architects are not entirely clean

Sadly, our society is entirely rotten. There’s stinking corruption in Civil Society Organisations more than in government agencies. And the reason is simple: because all government institutions are kaput, no efforts have ever been made to unearth corruption orchestrated, perpetrated and perpetuated by CSOs. I can state without any contradiction that most noise makers in civil society organizations are stinking rich not because of hard work but because they pilfer donor funds which are meant to benefit the ordinary citizen. And because the so-called activists know me, they don’t allow me closer to them. That’s why I am the only activist who earns no coin from the donors.

Definitely, there’s a lot of money for the Black Monday campaign. The organizers are not ready to account to anybody. I wonder how and why they should address press conferences without our knowledge; they meet the police without me even when I am at the venue; they address joint press conferences with the police without our mandate. Is civil society synonymous with NGOs? No. Are civil society members employees in the NGOs? An empathic no. To NGO Forum, HURINET, Uganda Debt Net Work (UDN), Anticorruption Coalition Uganda (ACCU), DENIVA, Leonard Okello, Bishop Zac Niringiye, and Jackie Asiimwe, among others, corruption cannot be fought using nontransparent means. As you put to task the thieves to account, you also must account for the funds that use in the Black Monday Campaign. At least, I know for sure that you are not using your own money. I also need a vehicle, I need money, I need newsletters and all other paraphernalia to enable me in the campaign. I am the only person who dovetails with the unemployed youths and students in universities and other institutions of learning. I can give several reasons to buttress my argument if you dispute my assertion.

What shocked me is that after the release of Bishop Niringiye from the cells, virtually all the activists were less enthusiastic about the release of the students who incidentally had been recruited by Dr Niringiye into the campaign. I told the police leadership – ACP Tanui, the Regional Police Commander that I would mobilize students from Makerere to torch the police station if the students were not released after Dr Niringiye had been released. They were actually released after they had seen go to Makerere University to do the mobilization.

I embrace the Black Monday campaign simply because the issues raised are legitimate not that I agree with the architects. I believe that after successfully burying political corruption, it will be easy to put an end to corruption in NGOs and trade unions. I have resolved never to step in police cells again and never to be beaten by the police again until I have ousted Museveni’s regime using brain power. To successfully fight mediocrity, corruption and social injustice, you must consult me. I never joined anyone among the Black Monday activists in the fight against Museveni’s dysfunctional regime but they have all joined me. They cannot claim to be my leaders in the anticorruption crusade.

Mr Nuwagaba is a human rights defender
+256702843552

WITH MUKULA’S FOUR YEAR JAIL TERM, THE JUDICIARY HAS BEEN TESTED AND FOUND WANTING


mukulaVINCENT NUWAGABA

Flight Captain Mike Mukula was on Friday, January 18, 2013 convicted over the Gavi fund scandal and sentenced to four years of imprisonment. He is now in B1 Murchison Bay prison as a convict not a remand. He can only come out soon upon appeal but I am worried even if he appealed, his appeal will have slim chances of being upheld given the circumstances that led to his conviction. Mike Mukula was convicted majorly for three reasons; 1) he was the first NRM insider to broach the hot subject of sectarianism and tribalism by Dictator Yoweri Tibuhaburwa Museveni. 2) He has made it plainly clear that Museveni is past his sale date thereby vowing to unseat him in 2016. 3) His revelations in the Wikileaks cables that Museveni was grooming his son Muhoozi Keinerugaba to take over from him. You can steal as much as you want and Museveni will ignore you if you don’t threaten his continued stay in statehouse where he parasites on Ugandans as if he is a jigger. You remember the president once told some politicians from western Uganda that “Okwiba mwayenda mwibe kwonka mutabaganisamu abantu bangye” meaning you can steal if you want but don’t divide my people. The division he never wants is the one that could cost him votes. If you question Museveni’s leadership credentials and styles and vow to unseat him, he will crush you as though you are a snake.

Mukula revealed that he was a conduit through which the money would end up in the hands of Janet Museveni. If we are to be convinced that institutions such as the Inspectorate of Government (IG) and Directorate of Public Prosecutions (DPP) are functional, we expect to see Janet Museveni arraigned before the courts of law where Capt Mukula will be the prosecution witness.

Clearly, Mwesigwa Rukutana, John Nasasiira and Sam Kutesa swindled chogm money. If they didn’t then they should tell us where the money is. But they are at large. Alice Kaboyo the Muhima thief was merely fined. And I have learnt from my reliable sources that the money used to pay Kaboyo’s fine was also taxpayers’ money. Poor Mike Mukula now is a convict who will never stand against Museveni. Sadly, he rode a tiger for so long and he ended up in its mouth!

Museveni is the most power-hungry politician. Anyone who talks about unseating him immediately becomes an enemy. While I am not saying Mike Mukula wasn’t corrupt, the truth of the matter is that he largely made his money with clean hands. He only became a junior health minister for one term and before that he was a businessman. As to whether he would get favours from the government as he ran his businesses, that one I don’t know and we cannot blame him.

We know very well that many businessmen have invariably gotten tax rebates, tax exemptions and sometimes cash bailouts from the government but we don’t necessarily say they are corrupt. When Salim Saleh was involved in a corruption scandal, his brother Museveni forgave him and the reason he gave is that Salim Saleh was a good NRM cadre. Museveni said in my presence that he has come a long way with Amama Mbabazi and Kahinda Otafiire and that’s why he will always defend them whenever they are involved in any scandal.

Clearly, my area MP General Kahinda Otafiire has been involved in countless corruption scandals but I have never seen him even being prosecuted. You remember what he did when he was in the DRC. He came with very many vehicles; he and his other colleagues were illegally involved in the timber business. But also they would go dig the soil that had minerals and bring it in vehicles for purposes of sorting out minerals from Uganda. We are yet to pay huge sums of money to the DRC for the plunder of her resources.

Mzee FDR Gureme is my role model. One day while at his home in Kitintale, he told me “like the fox, Janet Museveni has barked from every hill in Kampala”. When I asked him what he meant, he told me that Janet Museveni has a house virtually on every Kampala hill. Definitely, Mzee Gureme, an ethnic Muhima doesn’t have any personal vendetta against the first family. I am sure, Janet and her husband together with some other members of the first family have a lot of property which is not in their names. They do all this out of greed. Because they are greedy, they dispossess genuine Ugandans of the would be their property but also deprive many of us of the right to own property. Foolishly, Museveni and his other thieves most of whom are his close relatives and cronies don’t know that even if they chose to do only the eating, they will never in their lifetime finish what they have primitively accumulated from above.

The Bible says, “Watch out! Be on your guard against all kinds of greed; a man’s life does not consist in the abundance of his possessions” (Luke 12:15). “Do not store up for yourselves treasures on earth, where moth and rust destroy and where thieves break in and steal… You cannot serve both God and money” (Matthew 6:19 and 24)”


A warning to fellow Ugandans from the west

For the years I have been in Kampala, I have seen how hated people from the west are. Not because we look ugly, not because we are disgusting but because there’s a general perception that we are favoured and we are untouchable. While that perception is not entirely true, the truth of the matter is that many people who get lucrative state jobs, tenders and contracts are westerners. Some inane people will reason that they are as qualified as others to get those opportunities. But are they the only qualified people? Definitely no. The other truism is that Bakiga-Banyankole who support the ruling president and approve of his brainless actions can hardly be prosecuted and even if they were they cannot be convicted. Somehow somewhere, the IGG or the DPP will withdraw the charges or the witnesses will be hostile and instead exonerate the suspects and ultimately the case will fall flat.

What is true, however, is that very few westerners benefit directly from Museveni or indirectly from his crude allies. Right now, the road from Kampala to Mbarara which was worked upon less than three years ago is another thing. The Banyankore/Bakiga would call it “ekindi kintu”. In other words, it is not a road at all. When there are no drugs in hospitals all of us are losers. When Museveni blocks sons and daughters of peasants by having fees in public universities hiked by 126 percent like it happened in 2009, the Banyankore, Bakiga, Batoro, Banyoro, Bahima, Banyarwanda and Basongora, among others are equally affected.
When thieves in the NRM like Amamba Mbabazi, Kahinda Otafiire, Mwesigwa Rukutana, Sam Kuteesa, John Nasasiira, Kabakumba Matsiko, Alice Kaboyo, Janet Museveni and so many are shielded from jail yet the likes of Mike Mukula are convicted and sentences to four years of imprisonment, the rest of the citizens from northern, eastern and central turn their rage against westerners. Ultimately, even those whose relatives die because of absence of drugs in hospitals, those who spend ages on streets without jobs and those who have been denied access to higher education end up being victims. That is double tragedy.
The Banyankore-Bakiga talk about “Okufa kabiri nk’amakara” meaning dying twice like charcoal. In the process of making charcoal, the trees are burnt but also to have charcoal cook food or boil water it is also subjected to fire.

Accordingly, Museveni is injuring us by depriving us of all the money that would provide health facilities, money that would provide education including students’ loans; he is killing us by stealing all the money that would make for us good roads. Yet because of his sectarianism, nepotism and tribalism, he is making all of us hated. I hope all of us remember how westerners were targeted during the 2009 “Kayunga riots”. Those who are naïve would blame the extremist Baganda youths for launching a war against the westerners. The most reasonable person, though, would go further to ask him/herself why they are doing that. Museveni, a westerner had blocked the Kabaka from visiting his subjects in Buganda. Since they couldn’t access Museveni, the only means through which they could get him annoyed was to target westerners for victimization.

Personally, I don’t support any westerner for presidency. I don’t support Kizza Besigye. I don’t Mugisha Muntu. I don’t support Museveni. Not because Kizza Besigye and Mugisha Muntu are incompetent but because there are other Ugandans who are more competent than them. Besides, I don’t think anybody who participated in bringing the military dictatorship into power is the best person to extricate us from militarism. Darkness cannot chase away darkness. It is light that chases away darkness. That explains the reason as to why I have never believed that we should use guns to chase away gunmen. I know fire can be used to chase fire but the environment has to be degraded if that option is adopted. Accordingly, in the process of chasing gunman Yoweri Museveni with guns, many people will sacrifice their lives which are unacceptable. Man is born to live.

Finally, I see no reason why all of us who want justice shouldn’t rise up against the conviction of Capt Mike Mukula. Not because we condone corruption but because we must condemn selective application of the law. Our laws must be blind. Unfortunately, they have eyes and cannot touch Janet Museveni; they can’t touch Sam Kuteesa, Mwesigwa Rukutana and John Nasasiira. You remember how Bukenya was sent to the coolers because he gave a critical interview to the New Vision soon after he was dropped as vice president. You know very well that all the stupid charges against Besigye including rape charges were as a result of the fact that he dared to challenge the senile dictator Yoweri Tibuhaburwa Museveni. No serious anticorruption crusader should welcome Mukula’s conviction for it only aimed at clipping his political wings. This actually puts our judiciary to test. In my view, with Mukula’s conviction and four year jail term the judiciary has been tested and found wanting.
Vincent Nuwagaba is a political scientist
+256702843552/+256772843552
mpvessynuwagaba@gmail.com

A lot of holes in Adam Kalungi’s arrest


nuWell that story has a lot of holes. How far is Mombasa from Uganda? Are you telling us that these days someone can be arrested in Kenya and immediately handed over to Uganda or foreign authorities without a court hearing? If that is the case why has not Mr. Isabirye-of Mugoya construction-been returned to Ugandan to answer charges related to NSSF and Nsimbe. He is a free man walking the streets of Nairobi.

In other words the story is too good to be true. Yes Adam may have been arrested but most likely not from Mombasa. It seems he was in some safe house so the IGP chose to produce him in such dramatic fashion.

Show readers his pictures in Mombasa and his hand over by Kenyan police or Interpol. You take Ugandans for fools, do you? The burden of proof is on you to convince Ugandans that such a high profile suspect can be arrested in Mombasa in the middle of the night and somehow land in Uganda in a few hours.

QN: Do Uganda arrest suspects say from Kenya or Rwanda hand them over immediately? Are you telling us that the courts have no say in determining whether the said suspected should be repatriated?

Olimbye.

WBK

STATE HOUSE KILLED NEBANDA- VINCENT NUWAGABA


m72Vincent Nuwagaba

Ugandans must take action against the NRM government now

I have not made any public comment about the mysterious, treacherous, tragic and outrageous death of Honourable Cerinah Nebanda for one reason. I was utterly devastated so much so that I wanted to first come to grips with the grim reality of her untimely death. Hon Nebanda is a person I first knew as a Uganda Young Democrats (UYD) activist at Makerere University where she was also a students’ leader in the Faculty of Social Sciences, a faculty I served as a students’ leader and which I remain attached to date. UYD is a youth wing of the Democratic Party (DP), so Nebanda was a DP member while at Makerere. Hon Nebanda was lively, full of life, frank, honest, upright and upfront, values that the Democratic Party cherishes.

I have a hunch that Nebanda stood on the NRM ticket not because she was an NRM supporter but because she knew the voting patterns of her constituency being an NRM stronghold. DP President has always stated that DP is a spirit. Accordingly, the DP spirit of fighting for justice, human rights and embracing the truth remained in Hon Nebanda. No wonder in the words of Fred Opolot the government media centre Executive Director, “She was a young Member of Parliament, extremely vocal and was advocating for transparency in government. She stood for values of parliament and this is what all of us should aspire for, especially young people”.

What exactly killed Hon Nebanda?

So many theories as to what could have killed Hon Nebanda have been postulated. But what remains vividly clear is that virtually all the accusing fingers point to the executive arm of the government. Let me draw the attention of the readers to the filthy remarks by the Police shortly after her death that the late Hon Nebanda could have died of drugs, the stern warning that President Museveni made that whoever speculates that it is government that killed Hon Nebanda will be arrested and the arrest of Dr Sylvester Onzivua, a pathologist who had been sanctioned by both Parliament and Hon Nebanda’s family to do an independent investigation in South Africa.

The police remarks came before a toxicological study and/or any other tests were carried. The remarks by the President were only intended to muzzle people from pointing out the suspects and remind me of the common cliché which goes that “the guilty are always afraid”. The arrest of Dr Onzivua leave me without any doubt that the top government officials and the police know exactly what killed her and don’t want any other person to know.

After the revelation during the requiem mass at Christ the King on Tuesday, December 18, that pathologist Dr Sylvester Onzivua was arrested, Hon Nebanda’s mother almost broke down. She retorted, “Gavumenti enjagazza ki bamazze okutta omwana wange” meaning “what does the government want with me, they have already killed my child?” Nebanda’s father remarked, and I quote, “When my daughter died, a team of people who introduced themselves as workers of the New Vision came and told me, Mr Mukasa, your daughter has died but allow us to pronounce that she died of heart attack”.

I also watched the NBS Morning Breeze programme on December 19, 2012 where Mr Opolot the Government Media Centre Executive Director was hosted online. Mr Opolot exonerated the government and called for patience as the investigations are done. When asked as to why other reports such as the Buddo Junior inferno report and Kanungu/Kibwetere massacres report, he said with Nebanda the government has special interest and thus it shall be expedited. Does it mean the government is not interested in other people who die mysteriously like flies? Doesn’t the NRM government respect the sanctity of life? When President Museveni had just captured power, he remarked that Ugandans should only die of natural causes, how come there’s no sound explanation for mysterious deaths? I raise all these concerns well aware that I may follow Nebanda after all they have used so many subtle means to kill me in vain.

I read very strong posts on facebook pointing accusing fingers to the government but I refrained from making any comments hastily. Following what has been done and said, one is left convinced that already there’s circumstantial evidence to prove that there was foul play – especially orchestrated by the government. And I don’t want to name any particular individual in government. At least, in the court of public opinion, the government led by Yoweri Museveni has been found guilty. If at all the alleged boyfriend to the late Hon Nebanda had a hand in her death, I can comfortably argue that he might also have been a state operative. At least, my belief is corroborated by a senior political science don at the prestigious Makerere University.

My take on the death of Nebanda

From the foregoing, one can surmise that the government is not entirely blameless. I now turn to the First Lady, Mama Janet’s remarks about Hon Nebanda that “I don’t believe that the government of the Movement killed Nebanda. Surely, Nebanda was not the most critical”. I would like to punch holes in Janet’s remarks. To begin with, dictatorial regimes don’t necessarily kill the most acerbic critics for many of them have a high degree of immunity even from the international community. But I would also like anybody including Hon Janet Museveni to tell me whether there was anybody who was more critical internally than the late Hon Nebanda. I hereunder reproduce only two of Nebanda’s quotes:

1. His Excellency, Yoweri Kaguta Museveni says Bigirimana has no problem. What kind of president is that?

2. The problem of Uganda is Museveni. Remove him and Uganda will progress.

How many of the so-called rebel NRM MPs has come out openly to indict President Museveni? Many of them skirt around the issues, blame ministers, permanent secretaries and principal accountants for the corruption monster yet they never point a finger to the president. Here is a Member of Parliament who knew the exact malady and prescribed the right medicine. She wanted Museveni evicted from state house. Sadly, she has been evicted from the universe when Museveni is still a problem.

Any Machiavellian regime (and there’s no pretence that the NRM is one) would at such a person as a snake which is in the house. If you have a snake in the house and you don’t crush it what happens? It will definitely kill you. Hon Nebanda must have been viewed as a snake in the house or a child who openly tells his father that he is not a worthy head of the family. If you as a father don’t show such a child the exit, he or she will show you the exit.

But all this is cause by the Machiavellian principle of the end justifies the means. Museveni being a typical Machiavellian is only interested in power politics of capture, consolidation and retention of state power. Definitely all politicians aim at capture of state power, consolidation of state power and retention of state power. The difference between some of us and the ruling cabal is that we aim to capture power democratically, consolidate power democratically and retain power democratically. Any contrary means are morally repugnant and politically imprudent, ethically abhorrent and must be shunned with utter contempt. I must state that I hate, I despise and I abhor Machiavellian politics of the end justifies the means.

An inward critic is more dangerous to the regime more than any opposition critics. Once an opposition member calls for the exit of the president, it doesn’t surprise anybody for that is what opposition politicians say.

Hon Nantaba couldn’t be ignored like any other “noise maker”. She was privy to some of the NRM information which the opposition is not privileged to access. She was earning Shillings 22 million which means she had the mobilisation capacity but as a Member of Parliament she had unlimited platform to fight Museveni using the microphone.

Many of us are not safe

Definitely, some of us have consistently criticized Museveni. We have done that much longer that Hon Nantaba but we have limitations. However, we are also not safe. Personally, there have been several physical and pharmacological attempts to assassinate me but I am still alive by divine intervention. I am not yet dead because I have not yet accomplished the mission for which God called me. I also don’t fear death as long as I have put in black and white beliefs, values and ideals I stand for. I have no material property to bequeath to anybody. The only bequest I can leave to Ugandans, Africans and the entire family of humanity are the values of selflessness as opposed to selfishness and greed; honesty as opposed to treachery and hypocrisy; courage as opposed to fear and cowardice; truthfulness as opposed to mendacity, justice as opposed to injustice, uprightness as opposed to crookedness, excellence as opposed to mediocrity, transparency and accountability as opposed to secrecy and corruption, justice as opposed to injustice and so forth and so on.

I have authored several articles in the press and I hope those will form part of my legacy. If I die, I should be remembered as a person who attempted to fight for social justice using a pen and a tongue.

What should be done?

As for the people of Butaleja and all friends of Nebanda and lovers of humanity, I would call upon them to one day, converge between 10,000 to 30,000 to mourn the treacherous death of Hon Nebanda. Many Ugandans have died mysteriously and these include DP’s Anthony Sekweyama , Dr Andrew Kayiira and Vincent Lugonvu, NRM’s Francis Ayume former attorney general and James Wapakhabulo, UPDF’s Brigadier General Noble Mayombo and Major General James Kazini, FDCs Joseph Musasizi Kifeefe and human rights activist Robinah Kiyingi, among others. All the four regions have lost people and we must come together and say enough is enough.

Let me also reproduce some of the remarks of the NRM MPs about the death of Hon Nebanda:

“I am ashamed to belong to this government because the leaders in it are murderers. President Museveni has confirmed that this young girl was murdered. He has tampered with the investigation and he is coming for me next. Let him come for me, but we must get the truth” Hon Theodore Ssekikubo.

“Nebanda fought for transparency but the process of investigating her death hasn’t been transparent. And we are seeing that even in death she has resisted untransparent processes” Hon Wilfred Niwagaba.

“I almost had a fight with my colleagues who when news came in of Nebanda’s death alleged that NRM had a hand in the murder. I now salute those colleagues because I am in utter shock that it is the same NRM I have been defending over the years. We must now demand for the final truth” Hon Hatwib Katooto.

“The cause of her death was suspect but the arrest at the airport has become more suspicious. Why didn’t they call all other parties before the arrest?” General Jim Muhwezi.

Finally, we must demand to have legally accepted independent criminal investigation agencies like it is in America. Otherwise, we cannot trust the police to investigate crimes including those they are involved in. And I am not saying the police was involved in the death of Hon Nebanda but I cannot rule out anything. The filthy remarks by the police that Hon Nebanda died of drugs subjected her to double death for they were meant to kill her legacy as a person who was reckless with her life to the extent of abusing drugs. The NRM under President Museveni has consolidated and retained power by use of cooption, deception, intimidation and muzzling of critical voices. They have rendered the constitution irrelevant and Ugandans must heighten civil disobedience to oust Museveni. I have no illusions that we can remove this deeply entrenched Machiavellian regime using the ballot box. The time for action is now. Meanwhile, I am waiting for the Uganda Human Rights Commission to pronounce itself on this grave matter where the right to life is deprived like one is a fly and why police arrests an independent pathologist sanctioned by parliament and the bereaved family. For God and my country.

Vincent Nuwagaba is a human rights defender

vnuwagaba@gmail.com

+256702843552/+256772843552

Misprision of Justice: The case of Unpaid Uncollected Terminal Benefits to ex-staff of East African Airways Corporation.


An Open Letter To
The Principle Judge
The Principle Judge’s Chambers
The High Court of Uganda
P.O Box 7085; Kampala
Uganda

28 November 2012

Dear Sir,

Re-Misprision of Justice: The case of Unpaid Uncollected Terminal Benefits to ex-staff of East African Airways Corporation.

I refer to a Miscellaneous Application at the High Court of Uganda by:

James Bahinguza & Edward Lubega (Applicants)
Vs
The Attorney General of Uganda (Respondent)

I am writing to you with heightened apprehension to register an injustice, which I and fellow applicants feel very aggrieved about because of the way it has and is being handled.

September 2001. After a costly and protracted pursuit by staff of the Defunct East African Airways to access terminal emoluments; a Consent Order by the High Court in the Civil Suit No. 1010 of 1996, was issued on 1st October 2000, the Uganda Government to pay. To this end, the entitlement for each staff was calculated as appropriate.
November, 2007. The Government half-heartedly made part payment; accompanied by an overwhelming assertion that the ex EAAC employees had agreed to a part payment as a final settlement of the matter.

May 2009. A Miscellaneous Application to the court filed by Edward Lubega and the Late James Bahinguza; later joined by others challenged the government assertion that final payment had been actioned. This counter claim had been issued in response by us in our capacity as counterclaimants/respondents.

To date:
i.Protracted legal action has occurred as a result of the tending Judge and the functioning of the judicial system. For example, the tending judge had been transferred to Gulu without this case being reallocated, and in an attempt to ensure that there are no further delay in the legal procedure an application had been made by our legal representatives, on our behalf, to have the claim and counterclaim heard in Gulu by the former presiding judge. This application had been refused and no justifiable reasons had been given. There had been a number of different instances where there had been procedural impropriety had occurred such as the hearings being cancelled/adjourned without valid notice or a justifiable basis for an order be made that the proceedings be adjourned. In addition invalid notice of the adjourned proceedings had been given to our legal representatives as they had advised us that they had only been put on notice that the proceedings had been adjourned when attending the hearing on the date the proceedings had been due to brought before the court. Given the instances referred to above the only inference that can be drawn would be that it should be considered or viewed as the first subterfuge.

ii.This case was reallocated to another Judge for the matter to be progressed; who in his good wisdom allowed other parties to be joined to the proceedings as appellants. Although on the face of it this would appear to have been fair and reasonable, it only served the purpose of increasing delays through endless filibustering testimonies. We now consider this the second subterfuge.

iii.The presiding Judge for this case has enjoyed extended breaks to attend conferences, study tour, overseas sick leave, etc.,; as the case hibernated in the court-listing calendar. In many instances our legal team stumbled upon this gaping hole by the analysing the frequency of turning up for the adjourned hearings that had been listed to progress the matter. We submit that this should be considered as part of the sequences and pattern of subterfuge.

Having considered the points raised above we submit that it should not be considered an exaggeration that this whole process to hire and retain legal representation has not only been a challenge to our limited resources but stressful and impairing our health. The legal proceedings have been long protracted to the extent they have lasted over 20 years, which is a generation; and 12 years since the first Consent Order of October 2000. More so, the less endowed and desperate families with multiple financial needs since 1974 have relied on legal recourse to their detriment. It appears the judiciary have been heavily influenced by forces who do not appear to be a part to the proceedings and it appears that non-legal influences have prevented them from being able to act impartially and decide the case on the merits and; facts and policy has been a heavy influence on the matter and; we submit has threatened the transparency of the proceedings and the impartiality of the judiciary. The impact of doing so is that a spectre of keeping the alienated, weak and frail below its radar, undergirded by the adage ‘ justice delayed is justice denied’. Sadly, this letter in concert, we submit having considered the points referred to above is indicative of the current judicial system/partiality.

Having been negatively impacted upon by this proceedings we have now become disillusioned with the legal process but nonetheless we still continue to patiently wait for our opportunity to have the matter heard without the external factors and stakeholders being taken into account, which if not taken into account should, we submit, lead to a court order being made to make the government and guardian of national resources liable to pay the money lawfully due to us. Sadly, James Bahinguza [RIP] has passed away without the opportunity to experience justice and have the opportunity to have access to the funds he was lawfully entitled to. This leaves me encompassing a judicial/government subterfuge of outliving and outrunning the increasingly breath-loosing appellants. Both the late James and myself served the aviation institution in Europe and other parts of Africa, proudly with exemplary record at the height of its reverence by the people of East Africa in general, and Uganda in particular. Now, we are a consignment of the graveyard and/or dustbin of history.

I accept that I am not legally trained and I am not within the inner circle of the Stakeholders and the government, but I do still understand the basic principles of a legal right to the money owed. Given that I and my fellow claimants had taken out this action to access our retirement payment, I may be wrong, but suspect your office and the Ministry of Justice are quite and fully aware of this matter, despite the assertions and the smoke screens which have been created to avoid my legal entitlement. I believe that there is a legal right to entitlement even without a lawful court order in place.
APPEAL: On behalf of the victims/ex-EAAC staff and indeed others, who have found or will find themselves in similar predicaments where their legal rights/entitlements have been disregarded without lawful excuse, please accept my heartfelt and humanist appeal to your individual and collective conscience to resolve this matter. Given the actions referred to above have been unlawful I would request that the position previously put forward is reconsidered and the lawful entitlement is honoured as a failure to do so would threaten the public confidence and faith in the institutions which are held in such high regard.

Yours faithfully,

Edward Lubega
18 Amias Drive
Edgware Middlesex
HA8 8DA

Copy:
The Permanent Secretary
Ministry of Justice and Constitutional Affairs
P.O. Box 7183, Kampala , Uganda

Copy:
Office of the Inspector General for Government- IGG
Jubilee Insurance Centre
Floors 2-7
Parliament Avenue, Kampala
P.O. Box 1682 , Kampala, Uganda

Copy:

The Uganda Law Society
Plot 5a Acacia Avenue
P.O. Box 426; Kampala, Uganda,

Copy:
M/s Bosa & Sozi Advocates, 2nd Floor; EADB Building,
Plot NO. 4 Nile Avenue; P.O. Box 22597; Kampala, Uganda.

Copy:

Members of the Uganda News Media- Kampala Uganda

Nuwagaba ressponds to the Uganda Human Rights Commission Article on UAH


The UHRC to my article is as laughable as it is ludicrous
“Don’t be afraid. Go on speaking, and don’t be silent, for I am with you. No one will attack and harm you, for I have many people in this city”. Acts 18:9-10

I received a response to my article by the Uganda Human Rights Commission (UHRC) with a mixture of consternation and laughter. With consternation because the UHRC could debase itself by sinking so low and with hope that the article portrayed the type of people we have at the commission. If anyone doubted the commission’s mediocrity, the response to my article ostensibly authored by my sister Florence Munyirwa can really confirm that. I, however, must state that such media exchanges are healthy and they don’t only buttress freedom of expression which is a cardinal human right but also help to bolster democracy in our society. I will respond to the UHRC article in turn.

1. The Commission in its opening remarks states that it has observed me as “a self-acclaimed human rights defender” but adds that it’s concerned that I should get adequate mental health and counseling. I want to state from the outset that I appreciate that I need adequate mental health just like everyone including but not limited to all UHRC staff need mental health services. As to whether I am a self-acclaimed human rights defender, I refer the UHRC to United Nations Fact Sheet 29 for it is absurd that a whole National Human Rights Institution that has recently won an award from the African Commission on Human and People’s Rights (ACHPR) and holds an ‘A’ status given by the United Nation’s International Coordinating Committee for National Human Rights Institutions doesn’t know who a human rights defender is.

On the allegation that I have assaulted a Police Officer at CPS and another at the UHRC Head Office, I kindly beg that Ms Munyirwa the author of the derogatory response comes to court to give evidence. The UHRC is full of lawyers and they know quite well that whoever alleges proves. As I speak, I am out on cash bail and I will periodically report to court to answer to the charges that were politically-motivated by the UHRC. I wish to state that the UHRC is only a National Human Rights Institution in name but in practice it is a political institution aimed at doing public relations for Museveni’s NRM regime by whitewashing the regime’s depraved and nasty human rights record.

2. That I have been admitted to Butabika more than twice. I find the UHRC reasoning not only wanting but also unfortunate and absurd. The UHRC has engineered my being taken to Butabika on two occasions. They only do that after I have punched holes in what they do and shown them that they have to respect donors’ and taxpayers’ money. On both occasions, I have not been subjected to drugs because I have asserted myself. I want to request that the UHRC produces a medical report from Butabika if it is to continue using that pretext to gag me and dismiss me as an insane person. I must add, though, that I will proudly accept to be labeled insane if that’s what it takes to fight for justice in this country. I will however, not shy away from assuring those who label me insane that for them they are suffering from schizophrenia which is the highest form of mental illness. May I also assure the UHRC that stigma is antithetical to promotion of human rights?

3. Award for Best African National Human Rights Institution (NHRI)

I clearly stated in my article the reasons as to why the UHRC cannot be the best African NHRI. If the UHRC disagrees with what I stated, they should show how far they have gone in addressing the rights concerning the areas I raised. Fortunately, as I write this article, yesterday Friday, November 16, the Commission Chairperson Med S.K Kaggwa was at Makerere University School of Law on a function organized by the school’s Public Interest Legal Aid Clinic (PILAC) together with AIGP Andrew Felix Kaweesi and Prof John-Jean Barya addressing students, human rights and law practitioners. In his introductory remarks, Prof Christopher Mbazira remarked that the public had fears that with the appointment of Med Kaggwa as UHRC Chairperson the situation would worsen but it has improved. When time for discussion came, I told the audience and Mr. Kaggwa that I am fully convinced that the UHRC is promoting human rights in the breach and it never merited an award. Mr. Kaggwa couldn’t respond. In the morning hours yesterday, a day after responding to my article, the Commission locked both its gates to block my entrance. This was not the first time. They have done that several times whenever they behave in an uncouth manner towards me. Surprisingly, I had been to the Chairman’s office on November 9 and I had been given November 16 as the day when I would meet him. I am sure the locking of the commission gates had been ordered by Gordon Mwesigye or Florence Munyirwa who knew I would question her about her defamatory statement against me. It has taken me many years in school and out of school to build my name. I will not accept the UHRC, an institution mandated to protect and promote our rights cardinal of which is the right to human dignity which includes the right to one’s good name to destroy my name by a stroke of a pen. I will not accept that! Accordingly, I demand a written and published apology from the commission and if the commission can prove that I am defaming it like the statement claims, I should also be forced to apologise to it publicly. I know my observation about the UHRC is first justified and secondly, it is a fair comment. Justification and fair comment are two defences against defamation. If the UHRC through Ms Munyirwa can prove that their remarks are fair comments and/or justified, they should state so and re-echo their remarks.

4. Slow resolution of disputes and failure to pay UHRC awards

I must state that I find the reasoning given by UHRC wanting and laughable. When the UHRC states that they have to take time to adhere to the principles of natural justice, I laugh out loud instead of mourning. It’s well-known to everyone who cares to know that it’s a principle of natural justice that “justice delayed is justice denied”. Put another way, it is a maxim of equity that “delay defeats equity”. So, Ms Munyirwa, what exactly do you mean when you evoke natural justice? I hope the UHRC knows the principles of natural justice? I know there’s a principle of law that requires the judges, the commission in this case to listen to both sides. This principle is called “Audi alteram partem”. Adhering to this principle doesn’t mean the matter should take ages before it’s resolved. Otherwise, how come the courts are faster yet ordinarily the tribunals should be faster than courts in dispensing justice? On the court awards, I wish to re-echo what the commission chairperson Mr. Med Kaggwa said at the above mentioned function at Makerere University. The chairperson stated that “the government owes Sh4.5 billion to human rights victims and it seems not interested to pay yet some of the victims need this money to treat themselves”. This augments my statement that the victims rarely get the awards. The question to be asked thus is, “What does it help to lodge one’s complaint with the UHRC when there will likely be no compensation even if one won the case?” Granted, the UHRC has no budget for awards. Is it not a toothless barking dog? Has it ever petitioned parliament to amend the UHRC Act to allow it the mandate to compensate victims? My considered view is that the UHRC is in place for propaganda purposes – i.e to show that the NRM is committed to fight human rights violations. During my Secondary School days we would say, “Tubamanyire” meaning we have known you. Surely, some of us have known the UHRC.

It is quite unfortunate for the UHRC to state that I have personal vendetta against any UHRC staff member. I share nothing else in common with those people apart from the fact that I am impassioned for human rights and justice which ironically they shamelessly abuse although their mandate is to promote, protect and defend them. I am told that a group of enraged young men (call them “patriots”) under the leadership of Yoweri Kaguta Museveni, Uganda’s current president picked fire arms on February 6, 1981 to fight a government that they had lost to in an election that had been held hardly two months before on December 10, 1980. That group of “patriots” walked on dead bodies to ascend to state power five years later. No state institution including the UHRC has ever labeled such “patriots” violent. Paradoxically, I, Vincent Nuwagaba who only uses my pen and my tongue am portrayed by the UHRC to be violent. What a contradiction? What an absurdity?

5. The Commission fights human rights defenders

I want to re-echo what I stated that the Commission fights human rights defenders who are critical of the government’s sordid human rights record. I am a human rights defender and I don’t have to labour to prove that. My record can speak for me. I believe if nobody is willing to speak your story, your story should speak about you. When I was a students’ leader at Makerere University since 2001-2004, I consistently decried the inhuman and degrading treatment the government subjected to the government-sponsored students. I wrote several letters in the Daily Monitor and anybody including but not limited to the UHRC can check the Monitor archives to ascertain my claim. I wasn’t paid by anybody but was driven by my passion for justice and human dignity. I strenuously opposed the repeal of Article 105(2) in our Constitution both on air and in print. I have rescued so many people detained illegally in the police cells. Just recently, I helped all the inmates of Murchison Bay Prison make phone calls to their people free of charge. Before my incarceration there the Welfare Officer Nurru Kateregga used to demand for money before making any phone call for anybody yet the welfare office is funded by our very organization the Foundation for Human Rights Initiative (FHRI) under the Para Legal Advisory Services project. I continue to be a fearless voice of the voiceless and what frustrates me is the fact that we don’t have a fully independent press. Otherwise, I would be exposing the most glaring human rights cases that you cannot believe. In all I do, I get no salary; I get no funding from donors or taxpayers’ money. So what is the UHRC claim to fame vis-à-vis poor Vincent Nuwagaba?

6. I want to thank the UHRC for putting a very big smile on my face. I am sure the UHRC is caught between a devil and a deep blue sea. This reminds me of a story that my grandma Susanna Kirakwende (RIP) used to tell me when I was young. The story is about a hyena which was swallowed meat fats that were glued on a stone that had been overly heated. When the hyena swallowed the meat, it found it extremely hot. Therefore, the hyena started asking itself, “Ncwere, ncwere obunuzi, miire, miire omuriro”, meaning “if I spit, I will spit the delicacy; if I swallow, I will swallow fire”. The hyena stayed in its indecision until it died of the hot meat fat glued on a stone that was as hot as a furnace. Likewise, in its myopic folly of portraying me an insane man and at the same time prosecuting me, the UHRC will ultimately sooner than later meet its demise. As a matter of fact, the UHRC has since February 8, this year subjected me to inhuman and degrading treatment but also instigated pharmacological torture against me. I am part of the civil society group that developed the Prevention and Prohibition of Torture Bill which was enacted into law and assented to by the President on July 12, 2012. I also did a media campaign for this law by publishing articles in newspapers. I am sure the UHRC knows very well that among the forms of torture highlighted by the Act is pharmacological torture. Can the UHRC claim it has not tortured me or can Mr. Gordon Mwesigye claim he hasn’t tortured me?

As a matter of fact, I have no problem with the police at the UHRC. I know they are just used as attack dogs. One of them has on one occasion asked me, “how come you don’t quarrel with anybody but when Mwesigye sees you he becomes hysterical?” and I told him, “ask yourself that or ask Mr. Mwesigye”. I never go to the commission with any tool – not even a safety pin or a razor blade. How come they fear me? I know sooner than later we shall dismiss Ugandan dictators without arms. And I am happy I am becoming an expert on non-violence revolution using nobody’s experience. I am not using Mahatma Gandhi’s experience; I am not using Martin Luther King’s experience. I only request the journalists to always cover me so that in the near future there’s a video, audio and written evidence of how to overthrow decadent regimes. I have learnt that to overthrow Museveni, we must start with his roots – who are his cadres in state institutions. Museveni merely thrives and survives on decadent institutions. That’s why I will go for some elements in the police such as Edward Kale Kayihura and Andrew Felix Kaweesi; I will go for his cadres in the UHRC, I will go for his cadres in the judiciary and his cadres in the Electoral Commission. We eject cadres from state institutions, we shall have ejected Museveni.

I find it laughable that with my levels of education, with my work experience in academic institutions, research institutions and human rights organizations, I Vincent Nuwagaba, can be branded by the UHRC a vagabond that has to be kept off its premises! I have stated this several times and I have to reiterate it. Public institutions are impersonal. They only exist to serve the public. The UHRC doesn’t belong to Gordon Mwesigye, Med Ssozi Kaggwa, Roselyn Karugonjo or Florence Munyirwa who shamelessly abuse the otherwise revered institution. I definitely love the UHRC. Incidentally, I even love and respect the UHRC staff including those who degrade, dehumanize and torture me. But I vehemently hate their filthy actions and character. I separate sin from the sinner. I accordingly, hate the sin but I unreservedly love and respect the sinner.

7. Visits to detention centres

I find it laughable if not ludicrous that the UHRC says it visits detention centres yet it has never published the grave human rights violations inflicted on the prisoners especially in prison farms. Please, go to Murchison Bay prison and ask for a prisoner called Gerald Kamanzi. Ask him how he had three bullets showered into his foot. Ask him whether he is a convict. If he is not, tell the entire world why remands are used to do hard labour in the prisons’ farms. Mao Tse Tung once said “No investigation, no right to speak”. The truth of the matter that UHRC only does propaganda not human rights work. The Commission should let people like us who do human rights work do the talking and the commission does the listening. By the way, very soon, I will publish the glaring case of a young man who was castrated by the state operatives and his case was abandoned by the commission depending on flimsy and uncalled for technicalities.

8. Partisan officials at the UHRC

I know that all fairly educated Ugandans know for sure that very few state institutions if any employ people on meritocracy basis. By the way this also goes to non-state institutions. My concern, however, is about state institutions. Before one gets a job, they must be from an NRM family, they must be NRM members or sympathizers and in a number if not all cases, investigations have to be carried out up to the Local Council level. We have village internal security officers (VISOs), parish internal security officers (PISOs), Gombolola internal security officers (GISOs), District security officers (DISOs) and so forth. We also have MISOs (Makerere internal security officers) and I have friends in ISO who tell me that ISO deploys everywhere – including in churches, mosques, non-governmental NGOs, hospitals, academic institutions, name it. At the function at Makerere University, Mr. Med Kaggwa acknowledged that he was appointed to head the commission because he was an NRM cadre. Prof John-Jean Barya, expressed worry that president Museveni has always stated that he wants to appoint NRM cadres to run the judiciary. IGP Kale Kayihura is an NRM cadre and all the leaders in the police are NRM cadres – on Tuesday, November 13, the OC CID at CPS proudly told me and some two Makerere students of how he is an NRM cadre and how they are ready to crush the opposition. He even candidly pulled out his NRM card and showed it to us! The entire Electoral Commission is headed by NRM cadre (we have done a scientific study for the United Nations Economic Commission for Africa and UNDP headed by Professor John-Jean Barya). Thus, if all other state institutions are run by the UHRC, what’s so unique, what is so special; what is so spectacular about the UHRC?

9. UHRC position on topical human rights issues

I am glad that the UHRC says that it gives its position on topical human rights issues. How come, I don’t see its position on the right to education; the right to health; the right to employment and the right to adequate standards of living? How come the Commission is not upfront and forthright on socio-economic rights which in most of my newspaper articles I have accentuated? How come the police stay in condemned asbestos roofed houses far contrary to ILO Convention 162 that was ratified by Uganda many years ago? How come the commission has always been silent about workers’ rights which are a springboard for all other rights? How come in the wake of public universities’ fees hike tuition, Mr. Kaggwa said it was alright? How come many civilians are tried in military courts and stay in prison for more than six years as remands? Go to Murchison Bay and look for John Bosco Olweny. Follow his case to its logical conclusion and then tell me that UHRC does human rights work. Talk about human rights reports is hogwash. Unfortunately, the UHRC will win an award as the best NHRI from the ACHPR and will get an A status from the UN International Coordinating Committee for National Human Rights Institutions on the basis of the reports it makes. But do reports promote and protect human rights? I am in the field and know what is taking place. If I was allowed freedom to utilize my brains and time, I would write a paper on each of the components raised. I believe, though that I will do my best before I am exterminated. If I am killed before doing that so be it.

Conclusion

The UHRC rightly states that it is the only National Human Rights Institution and it will remain so. The statement adds that UHRC has no need to compete for supremacy with any other organization. I know the UHRC personnel feel offended whenever Foundation for Human Rights Initiative (FHRI) is appreciated. But that’s because UHRC has abdicated its duties and obligations. It has been overshadowed by FHRI in the field of human rights and in Uganda human rights is synonymous with Livingstone Sewanyana and FHRI. I also want to state that organizations such as the National NGO Forum currently headed by Mr. Richard Sewakiryanga are doing a more relevant job than the UHRC. However, I will not overly critique the UHRC. Surely, virtually all state institutions in Uganda are now kaput.

Anybody who tries to block me from accessing the services of any state institutions is a somnambulist; a sleep walker for I know I am a citizen and not a subject. The UHRC can only do that if they banish me. Unfortunately for them, several direct and indirect overtures have been made to banish me and I have refused. Ask the human rights defenders who are close to me how many times they have attempted to get me asylum in the most highly developed country America. Conduct research and establish how many US government officials have had interviews with me and asked me what I want and I never tell them I want asylum.

I would like to refer everyone including the UHRC of the scripture “We are afflicted in every way, but not constrained; perplexed, but not driven to despair; persecuted, but not abandoned; struck down, but not destroyed” (2Corithians 4:8-9).

Finally, I advise my sister Florence Munyirwa not to be used. After receiving the statement in my inbox I asked her in a text message whether she was ready to finish the battle she had launched against me and she replied by saying she was not involved in any fight against me because she doesn’t want strife adding that the statement was by the UHRC. My worry, however, is why does she accept to be used as though she is a robo? As a matter of fact, I cannot fight her for I know she is not a problem. Let her learn that she can only make a plausible point by attacking the points I raise not by labeling me a mentally deranged person for I am sure readers can decipher who is mentally deranged between me and her owing to what we write. Labeling me insane is just diversionary aimed to forestall us from asking the tough questions. I know I am not only a critical thinker but a philosopher king who cannot indulge in trading insults.

The UHRC should also apologise to HURINET’s Patrick Tumwine for abusing his name in matters the commission doesn’t know. The truth of the matter is that on September 28, when we had a workshop about the right to know, I was grabbed by the police from the hotel at the orders of the Director for information in the Office of the Prime Minister Simon Mayende because he felt uncomfortable with the truth I was speaking. Patrick Tumwine followed me out after my arrest and pleaded with the police to release me in vain. When I told him about the UHRC statement he was very disappointed that the UHRC can disgrace itself to that level! I cannot rule out anything including but not limited to being put to death for my advocacy for total, real liberation of this country. Therefore, I request that whatever I have documented be published online and in hard copies in case I have been exterminated by Museveni and his cadres including UHRC staff. All generations will thus know what Vincent Nuwagaba stood for.

Vincent Nuwagaba is a human rights defender
vnuwagaba@gmail.com
+256702843552/+256772843552

THE UN SECRETARY-GENERAL MESSAGE FOR INTERNATIONAL DAY FOR TOLERANCE 16 November 2012


THE SECRETARY-GENERAL

MESSAGE FOR INTERNATIONAL DAY FOR TOLERANCE
16 November 2012

Building tolerance and understanding is fundamental for the twenty-first century. In an increasingly globalized world – in which societies are growing more diverse – tolerance is central to living together.

Yet tolerance is being tested. In the face of economic and social pressures, some seek to exploit fears and highlight differences to stoke hatred of minorities, immigrants and the disadvantaged. To counter the rise of ignorance, extremism and hate-based political appeals, the moderate majority must speak up for shared values and against all forms of discrimination.

Our goal must be more than peaceful coexistence. True tolerance requires the free flow of ideas, quality education for all, respect for human rights, and the sharing of cultures for mutual understanding. As we advance these values, let us draw strength and guidance from the UNESCO Universal Declaration on Cultural Diversity.

Tolerance is both a condition of peace and an engine for creativity and innovation. In our evermore interconnected world, promoting tolerance is the way to build the harmony we need to address pressing challenges and secure a better future.

Irene Mwakesi
National Information Officer
United Nations Information Centre(UNIC)Nairobi
P.O. Box 67578 – 00200, Nairobi, Kenya
Tel : +254-20-7623677
Fax: +254-20-7624349
Mobile: +254-719-867906
Email: irene.mwakesi@unon.org

http://www.unicnairobi.org

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