Monday, 20 August 2018

Mugisha Muntu statement

FILE PHOTO: Mugisha Muntu (left) and Bobi Wine

Former Forum For Democratic Change (FDC) president Maj. Gen (Rtd) Mugisha Muntu has spoken out on today's riots in the city that followed the arrest of legislator Robert Kyagulanyi aka Bobi Wine.

Here is his full statement 


While we continue to pursue all possible means to #FreeBobiWine, I would like to urge the men and women in uniform to choose right over might and desist from being used as pawns in the unjust and highhanded torture of Ugandans. Find below, my message to them.

#CountryBeforeSelf

STATEMENT

Fellow Ugandans,

Over the past several days, we have seen an escalation in violent confrontation of civilians by security forces. Our sources have also confirmed to us that there are on-going efforts to pressure police officers in Arua to testify that they found our colleague, Hon. Robert Kyagulanyi with arms, contrary to their sworn duty to effect justice and truth. 
As a former Commander of the Uganda People’s Defence Forces and now retired service man, I would like to take this opportunity to speak directly to our country’s security forces:

Your sole purpose in the army and police is to serve the people. It is to them, and not any government, past or present, that all power belongs. As one that has served under authority, I know what it means to be faced with a choice between obeying an order from above and doing the right thing. I know what it means to be caught between serving your Commander-in-Chief and serving those that choose your Commander-in-Chief. It is hard to choose to do the right thing, especially when such noble action would likely be rewarded with harsh treatment and doing the wrong thing holds the promise of state protection. But you need to remember this; before you wore that uniform, you wore with honour the badge of citizenship. And it is that badge that you will retire to sooner or later. You had better make decisions in uniform that will ensure your safety when you are out of it. If you choose today, to side with those oppressing the people, you will not only have failed in your duty to serve and protect, but you will also have thrown away your conscience as a citizen. 

The people giving you unlawful orders are no more human than you are. And sooner or later, you will be a civilian, just like the people you are being asked to torment and treat unjustly. The people of Uganda recognise the work that you do to keep the country stable and safe. We recognise your sacrifices for the sake of peace. Both home and abroad, you have served humanity with distinction, helping stabilize the region and ensure law and order are kept at home. It is not you that the people of Uganda have an issue with. As Hon. Kyagulanyi quite rightly put it, ‘we are not fighting you, we are fighting for you’.

I have said I know how hard it is to be in the position you are in today. But I also know how satisfying it is to choose right over wrong. There is nothing more rewarding, nothing more fulfilling, than leaving the army and finding that you do not need a gun on your shoulders to live peacefully with your neighbours.

As you go about your duties, ask yourselves the same question I have asked fellow servicemen over the years; if you willingly break the law to protect those in power against the law, what makes you think you will have the protection of the law when those in power leave? And they will one day leave, just as surely as the sun rises and sets. 

I urge you to choose right over might.

God bless you.

MUSEVENI statement

President Museveni. FILE PHOTO

President Yoweri Museveni has penned another missive explaining how and why the Arua elections ended violently, and concluded with the arrest of several including Kassiano Wadri who won the election, and popular Kyandondo legislator Robert Kyagulanyi aka Bobi Wine. 

In his fourth social media missive in one week, he blamed the opposition for resorting to violence to help them win elections and attached a video from the recent elections.

HERE IS HIS FACEBOOK POST

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Fellow Ugandans, thank you for your responses following my most recent post on events that followed the by-election in Arua Municipality. 

The problem in Arua was caused by Bobi Wine's group together with Kassiano Wadri, who attacked me, a useless action because I am protected and I can defend myself. 

The more serious issue is these chronically indisciplined people attacking women and children, destroying people's property etc. 

Who is Bobi Wine or anybody to beat our people and for what? Watch the videos of Jinja and Bugiri, which are attached to this post. Should that happen in Uganda and why? 

If the Army had not intervened in Arua, a lot of people would have been killed by this Bobi Wine group. They had gathered stones, knives and there were reports of even guns. 

Why is it that we have never heard of any incident where the NRM supporters have ever attacked the Opposition supporters? Do you remember how the Bobi Wines were attacking the other MPs in Parliament? Are we to allow them to attack the Wanainchi in similar ways? 

How about assaulting soldiers or policemen? Do you remember the policeman, Ariong, who died from a stone throw? The security forces should be commended for saving mass deaths in spite of the fact that many of them were not equipped for anti-riot. 

Nevertheless, they managed to subdue, without shooting these violent characters who were trying to attack them as you saw their conduct in Parliament. I will study more the issue of the driver who died. 

Hon. Zake's story is that he colluded with nurses to escape from the hospital in Arua where he had been taken after his violent confrontation with the security forces. 

The Police has not moved to rearrest him because he resurfaced in a hospital in Kampala. Let him recover, the charges still await him. Resisting arrest is disobeying a lawful order. It is punishable by a sentence of imprisonment for two years.

Those who pretend to support the Opposition are misleading them by failing to advise them to stop intimidating and attacking Ugandans. The Ugandans, led by us, will resist them. 

The limited counter-attack in Arua of arresting and putting in lawful custody the perpetrators that are suspected to have attacked people, like it happened in Jinja, Bugiri etc, should send a warning to those who are in the habit of miscalculating. 

This group has been putting on red to signify their intention to shed blood; and they have been putting on Army red berets to signify their intention of using military means. We have ignored those threatening signals. 

However, to threaten Ugandans by words and to actually attack them by stones, clubs and guns, will not be tolerated. To rape women because they are NRM, or, indeed, raping any woman, qualifies one for a death sentence in the Law Courts of Uganda. 

To destroy property by throwing stones is not acceptable. To disenfranchise Ugandans by importing illegal voters from other areas is tantamount to treason because it overthrows the power of the people in the given area to elect their leaders. 

If you do not see these as problems, then you are a fascist. The Security forces must be commended because they saved mass deaths by dispersing these misguided people without using rifle fire, considering the fact that many of them were not equipped for anti- riot duties notwithstanding. 

The Regional and District Police Commanders, who should have anticipated the actions of these groups, since they had done the same in Jinja East and Bugiri, have been suspended. The DISO has also been removed. To show the bad faith of Bobi Wine and Zaake, they were changing hotels- from Hotel Royale to Pacific Hotel etc. Why were they hiding? 

Kassiano Wadri, on the other hand, who should not have been in the company of such violent people, did not change residences and did not engage in hand to hand combat with security forces, from the reports I got. 

His mistake may be to organize and participate in such a violent procession and to import illegal voters. The court will decide according to the evidence. Stop supporting impunity, stop supporting election cheating, stop supporting violence whatever side you are on. 

As already said above, I am investigating the circumstances of the driver of Bobi Wine who died. Five people were also reported in hospital with gun- wounds. We shall get the circumstances of those cases. 

In certain circumstances, the Police can use live bullets if they are not equipped with anti-riot equipment and the rioters are on the verge of killing innocent people. That is also possible. 

The question is: "Why do you riot? Why not use legitimate and peaceful ways of expressing your opinion?" When they stoned my car, what was the reason? If they could be so reckless to attack me, how would they spare the poor Wanainchi? Good enough, my protection force did not respond immediately. 

They delivered me to the helicopter and went back to rescue the Wanainchi, which they generally did in spite of the circumstances. That is why no local mwanainchi was killed by the hooligans. They did not have enough time to do the damage they intended. 

Another unfortunate incident was reported in Mityana where, again, a riotous group connected to the same Zaake and Bobi Wine was threatening the town. The anti- riot police, this time, I am informed, non- lethally dispersed the group. 

However, some two Policemen, who were on their own, fired aimlessly and some of the bullets caught innocent travellers that were not even part of the riot, killing one person. This action is condemned by me and the Police leadership. The culprits have been arrested and will be charged, maybe, with criminal negligence or manslaughter. 

Nevertheless, the original Kavuyo was caused by the rioters which, then, precipitates other mistakes to happen. I think the last time gun shots were heard in Mityana may be in 1985 when the 5th Battalion under Kashaka, defeated the poor Karimojong youth that had been imported by Lutwa to fight the NRA. 

RELATED POSTS
 

Sunday, 19 August 2018

What happened in Arua?

Journalist Sabiti on Capital Gang Saturday. PHOTO @capitalfmuganda
NBS journalist Joseph Sabiti has said the recently concluded election in Arua does not say much about the organisational abilities of either NRM or FDC as individual merit remains a key factor, in parliamentary elections in the municipality.

"If you look at the voting patterns of elections since 1996 in the municipality, you will notice that they vote for example for Besigye, but the bulk of the MPs have been NRM. So individual merit is a big big factor....what you project as a person, other than the political party," he said.

"The biggest issue in Arua is power, and Wadri understood that best."

He was explaining the reasons why Kassiano Wadri won easily, in an election that ended not only in the defeat of the NRM and FDC candidates, but put focus on the district after one person was shot dead in post-election skirmishes, and five MPs, including Robert Kyagulanyi aka Bobi Wine detained.

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Sabiti explained the circumstances that led to the arrest, throwing new light on a case that has seen the legislators charged with treason, and Bobi Wine, who is reported to have been assaulted, facing the court martial.

Sabiti was speaking on The Capital Gang on Capital 91.3Fm in Kampala on Saturday




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Saturday, 11 August 2018

LIVE: Katuntu speaks out on FDC

Katuntu on the show today. PHOTO CAPITAL FM MEDIA

Member of Parliament for Bugweri Abdu Katuntu has said the differences in the Forum For Democratic Change (FDC) are not about recent elections nor about money.

He said the party simply has two tendencies, and like in aviation, is currently facing turbulence. 

Katuntu said the party and its 'captains' now face three possibilities now - the "FDC plane" will either ride through the turbulence, crash land or have an outright crash.

The debate, he said, should be "has the FDC reached the tipping point" in the turbulence? 

Katuntu also dismissed reports that there is a fight over who controls or gives out funds in the party.

"Every body says says it is (the conflict) about money, money, money, money. The other day I was making a formal calculation how much money I have put into the party. I contribute monthly, and I have done it from 2007, monthly, religiously... it is a contribution in millions, formally every month," he explained. 

"This is not about money to some of us, it is about trying to build a party..... but the country is so cynical that nobody does anything in good faith or for the country, they all do it for money which actually is not correct."

Katuntu was speaking on The Capital Gang on Capital 91.3Fm in Kampala on Saturday. HERE BELOW, THE CLIP

VIDEO: KATUNTU RESPONSE TO EARLIER ANALYSIS BY GANGSTERS


EARLIER VIDEO


CONCLUDING VIDEO FROM SATURDAY'S CAPITAL GANG



Saturday, 4 August 2018

VIDEO: How it came to be Munyagwa Mugati gwa Bata


Nanfi on The Capital Gang today
Lawyer Anne Mary Nanfuka has said that Forum for Democratic Change's decision to select Mubarak  Munyangwa to replace Abdu Katuntu as chair of the powerful COSACE (Committee on Com­mis­sions, Statu­tory Au­thor­i­ties and State En­tre­prises) is a final sign that the party is "dead".

Discussion was heated on The Capital Gang on Capital 91.3Fm in Kampala on Saturday as the gangsters tried to explain the changes to the standing committees of parliament by the opposition FDC.

Katuntu called it a purge, saying he will consult with colleagues who have been dropped by FDC President Patrick Amuriat. "If it was a reshuffle, there would be nothing wrong with it, but this does not seem to be a reshuffle. It is a purge!" he said. 

THE VIDEO



Monday, 30 July 2018

Supreme and Constitutional Court rulings leave Attorney General's in tray full

Justice Kakuru read out 5 recommendations. He wants the AG
 to work on some of them in the next 6 months. PHOTO UG JUDICIARY
Just as the deadline to make 10 election related reforms that the Attorney General was given by the Supreme Court nears, the Constitutional Court has added pressure on the Government's lawyer. They have made additional recommendations expected to be implemented in the next six months.

In their judgement in the Constitutional Petitions Numbers 49 of 2017, 3 of 2018, 5 of 2018, 10 of 2018, and 13 of 2018, justices of the Constitutional Court last week urged the Attorney General to urgently push legislative reform in several areas. 

The justices demanded a constitutional review commission be constituted, and inquiry on police conduct be set up. The also asked a forensic audit be done of accounts of the 10th Parliament.

The justices in their recommendation for reforms in parliament, referred to the Supreme Court ruling that had set a two year deadline in 2016 for action by the Attorney General.

Attorney General William Byaruhanga at parliament
recently.
The Constitutional Court at Mbale last week ruled 4-1 that the removing the age limit on the Presidency was constitutional, but were 5-0 in agreement that the extension of parliamentary term from five to 7, is unconstitutional.

"By majority decision (Owiny – Dollo, DCJ/PCC; Kasule, Musoke, Barishaki Cheborion, JJCC; with Kakuru JCC dissenting), the  Court declared that sections 1, 3, 4, and 7, of the Constitution (Amendment) Act No. 1 of 2018, which remove age limits for the President, and Chairperson Local Council V, to contest for election to the respective offices, and for the implementation of the recommendations of the Supreme Court in Presidential Election Petition No. 1; Amama Mbabazi vs Yoweri Museveni, have, each, been passed in full compliance with the Constitution; and therefore remain the lawful and valid provisions of Constitution (Amendment) Act No. 1 of 2018."


Justice Owiny Dolo (middle) headed Constitutional Court.

The consolidated recommendations from the rulings of the Constitutional Court Justices are:

(1) There is urgent need for the Attorney General to bring before Parliament a proposal to constitute a Constitutional Review Commission under the Commission of Inquiry Act Cap 166 detailing 15 therein terms of reference, for amendment of the Constitution.  That Commission be tasked with a duty of seeking the views of the people of Uganda in a period of not less than six months on all proposed amendments and to make proposals to Parliament.   

(2)  A similar commission of inquiry be set up to investigate, determine and make recommendations regarding the apparent brutality of the Police against the citizens of this Country with a view of seeking a remedy to this mischief.  

(3)  The Government provides sufficient funds for this purpose.   

(4)  The Attorney General issues within a period of six months from date hereof guidelines to the Police in their implementation of the Public  Order and Management Act and a copy thereof be submitted to the Constitutional Court.   

(5) The Auditor General carries out a forensic audit of Accounts of the 10th Parliament, and a copy of the resultant report be submitted to the Constitutional Court and to the Minister of Justice and Constitutional Affairs.  

(6) Parliament puts in place Rules/guidelines to provide for and facilitate public participation of the people in issues of amendment of the Constitution that are not the subject of a referendum or approval by district councils, and also in others where such participation is necessary. These Rules/guidelines should enable Parliament and the Courts of law to determine whether or not the people have effectively participated in the amendment of the constitution.  The appropriate provisions of the Kenya and South Africa Constitutions may provide some guidance in this respect. 

(7) The provisions of the Parliament (Powers and Privileges) Act, and other relevant laws and Rules notwithstanding, there is need for Parliament to put in place a mechanism whereby  Members of Parliament lawfully carrying out their duties and responsibilities as representatives of the people, are not prevented and/or interfered with in carrying out their responsibilities by directives be they of a security nature or otherwise, like those AIGP Asuman Mugyenyi issued to all Police Stations as regards the consultative meetings that the  Members of Parliament were carrying out.  A mechanism whereby, for example, amongst other proposals, the Speaker’s input is first sought before any such actions and/or directives are taken and issued by any authority, may go a long way in enhancing the very essential role of Parliament as the springboard through which all of Ugandans participate in promoting Constitutionalism in Uganda. 


Chief Justice Katureebe
The Supreme Court 2016

Two years ago, the Supreme Court had it its detailed reasons for their ruling in the Uganda Presidential Election Petition No 1 of 2016 identified 10 key reforms that it wants the Attorney General to implement ahead of the next elections.

“The Attorney General must follow up the recommendations made by this court with the other organs of state, namely parliament and the executive,” Justice Jotham Tumwesigye said on behalf of the court in August 2016. “The Attorney General shall report to the court within two years from the date of this Judgment the measures that have been taken to implement these recommendations.”

The Supreme Court that had Chief Justice Bart Katureebe, Justice Joram Tumwesigye, Justic Kisaakye, Justice Arach Amoko, Justice Nshimye, Justice Mwangusha, Justice Opio-Aweri, Mwondha,  and justice Tibatemwa-Ekirikubinza noted that in the past two Presidential Petitions, the court made some important observations and recommendations with regard to the need for reform in the area of elections generally and Presidential elections in particular, many of which have remained unanswered by the Executive and the Legislature.

The Ugandan judges said this as they gave detailed reasons for the judgment they made earlier that year, throwing out the legal challenge by Amama Mbabazi to President Yoweri Museveni’s fifth-term election victory.




Areas the court identified that in their view needed reform were:

1. The Time for filing and determination of the petition: In the course of hearing this petition, the issue of the inadequacy of the time provided in Article 104(2) and (3) of the Constitution for filing and determining of presidential election petitions came up.The same issue was also pointed out by this Court in the two previous presidential election petitions. The 10 day period within which to file a presidential election petition and to gather evidence and the 30 days within which the Court must analyze the evidence and make a decision as provided under Article 104(2) and (3) of the Constitution and section 59(2) and (3) of the PEA is inadequate. We recommend that the period be reviewed and necessary amendments be made to the law to increase it to at least 60 days to give the parties and the Court sufficient time to prepare, present, hear 5 and determine the petition, while at the same time being mindful of the time within which the new President must be sworn in.

2. The nature of evidence: Whilst the use of affidavit evidence in presidential election petitions is necessary due to the limited time within which the petition must be determined, it nevertheless has serious drawbacks mainly because the veracity of affidavit evidence cannot be tested through examination by the Court or cross-examination by the other party. Affidavit evidence on its own may be unreliable as many witnesses tend to be partisan. We recommend that the Rules be amended to provide for the use of oral evidence in addition to affidavit evidence, with leave of court.

3. The time for holding fresh elections: Article 104(7) provides that where a presidential election is annulled, a fresh election 20 must be held within 20 days. We believe this is unrealistic, given the problems that have come to light in the course of hearing all the three petitions that this Court has dealt with to-date. In all these petitions, the Commission has been found wanting in some areas. Importation of election materials has sometimes been a problem. Securing funds has also often provided challenges.Therefore, to require the Commission to hold a free and fair election within 20 days after another has been nullified is being overly optimistic. A longer and more realistic time-frame should be put in place.

4. The Use of technology: While the introduction of technology in the election process should be encouraged, we nevertheless recommend that a law to regulate the use of technology in the conduct and management of elections should be enacted. It should be introduced well within time to train the officials and 10 sensitize voters and other stakeholders.

5. Unequal use of State owned media: Both the Constitution in Article 67(3)and the PEA in section 24 (1), provide that all presidential candidates shall be given equal time and space on State-owned media to present their programmes to the people. We found that UBC had failed in this duty. We recommend that the electoral law should be amended to provide for sanctions against any State organ or officer who violates this Constitutional duty.

6.The late enactment of relevant legislation: We observed 20 that the ECA and the PEA were amended as late as November, 2015. Indeed the Chairman of the Commission gave the late
amendment of the law as the reason for extending the nomination date. We recommend that any election related law reform be undertaken within two years of the establishment of the new Parliament in order to avoid last minute hastily enacted legislation on elections.

7.Donations during election period: Section 64 of the PEA deals with bribery. We note that Section 64(7) forbids candidates or their agents from carrying out fundraising or giving donations during the period of campaigns. Under Section 5 64(8), it is an offence to violate Section 64 (7). However, we note that under Section 64 (9) a candidate may solicit for funds to organize for elections during the campaign period. Furthermore, a President may in the ordinary course of his/her duties give donations even during the campaign period. This section in the law should be amended to prohibit the giving of donations by all candidates including a President who is also a candidate, in order to create a level playing field for all.

8. Involvement of public officers in political campaigns: The law should make it explicit that public servants are prohibited from involvement in political campaigns.

9.The role of the AttorneyGeneral in election petitions: The Attorney General is the principal legal advisor of Government as per Article 119 of the Constitution. Rule 5 of the PEA Rules also requires the Attorney General to be served with the petition. We found that several complaints were raised against some public officers and security personnel during the election process. However, the definition of “respondent” in Rule 3 of the PEA Rules as it currently is, does not include the Attorney General as a possible Respondent.Further, Rule 20(6) of the PEA Rules, provides that even when a Petitioner wants to withdraw a petition, the Attorney General can object to the withdrawal. The law should be amended to make it permissible for the Attorney General to be made Respondent where necessary.

10.Implementation of recommendations by the Supreme Court: We note that most of the recommendations for reform made by this Court in the previous presidential election petitions,have remained largely unimplemented. It may well be that no authority was identified to follow up their implementation. We have nevertheless observed in this petition that the Rules require that the Attorney General be served with all the documents in the petition. We have further noted that the Attorney General may object to withdrawal of proceedings. Therefore the Attorney General is the authority that must be served with the recommendations of this Court for necessary follow up.


Saturday, 28 July 2018

KATUNTU: The Age Limit judgment gives green light to army to intervene anywhere


The Capital Gang in session. Katuntu top. PHOTO CAPITAL FM
Member of Parliament for Bugweri Abdu Katuntu has warned that one of the effects of the Age Limit judgment on Friday is that the Ugandan army can now intervene anywhere and have it justified.

"The effect of this judgment is that you can breach now any rule of parliament and it will be justified. I find that very dangerous...the army can enter any institution if it so warrants, and it can be justified," Katuntu said, adding "they can even enter the Chief Justice's chambers."

Katuntu was speaking on The Capital Gang on Capital 91.3Fm in Kampala on Saturday a day after the Constitutional Court in Mbale ruled that removing the 'Age Limit' on contesting for the presidency was constitutional, and that, the extension of parliamentary terms is unconstitutional.

In Friday's ruling, one of the five justices Cheborion Barishaki in fact stated that the September 2017 incident when soldiers of Special Forces Command entered the Parliament chamber and roughed up lawmakers does not itself invalidate the legislation. He said the events in Parliament constituted "an emergency" and army action justified.

Katuntu said an appeal should be filed. "We need to put this judgment to another level so that we have the final decision, never mind if it will be any different, but let's have it."

Another lawyer, Robert Kirunda agreed with Katuntu. "What happened in Mbale was the court has opened the door for militarism to triumph civilian authority. Saying the action of the forces was justified was, in my view, the darkest moment in that judgment."

VIDEOS and COURT RULING