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Monday, 30 March 2015

WHO EXACTLY BROUGHT MUSEVENI TO POWER?

"...........what is special about our children yet we the people of Ankole were part of the group that brought this government to power?"  Mr Robert Rwekitama - the representative of the families of detained former Aides to Gen Ssejusa lamenting before the press last week. The wives and parents of the detainees were contemplating a meeting with Museveni to plead for the release of their detained loved ones. Its coming to two years now since the their loved ones were arrested over treasonous allegations linked to Gen Sejusa after he fled to exile in London. The detainees all hailing from Museveni's home area and formerly attached to his elite Special Forces Group are under mock trial before the General Court Martial.

Gen Ssejusa urged them not to seek for leniency but should instead push for justice. He said: "some people say by virture of their tribe, they are in the thing (bali Mukintu) but the their condition is not better than those in Budiope." The accused soldiers are Rwakyozi, Ninsiima, Nasasira, Karuhanga, Nayebare and Mwesigwa.

It is very common for different regions to claim that they brought thecurrent regime (Museveni) to power. Initially it was Buganda's Luwero that bore the brunt of the five years war, then came Rwenzori region that witnessed the first surrender of government forces to the NRA and hosted the first interim administration. Then came Nyabushozi and Kebisoni im Ankole and Kigezi respectively that provided the historical top commanders. In the past Museveni exploited this mindset to galvanize political support and to entrench his politics of patronage. Currently, he is preoccupied with who sustains his hold on power thus his focus on the northern and eastern regions.

Therefore for Mzee Rwakitama and others like Rwakitatarate, Rwakibondo, Rwakitwe, Rwabiguru, Rwabiino etc, they should come to terms with their Mzei (Museveni)'s shift of alliance. They should come to terms with the fact that the alleged treasonous actions of their loved ones was not only criminal but a shame to the greater Hima community for being Bipinga to Mzei. Opposition to Mzei had been ring fenced to the Dradigas, Atugonza's, Okellos, Opolots, Mukwanas, Kirundas, Mukasas, Batanyenderas, Kifefes but not to the Karuhangas, Nasasiras, Rwakyozis, Ninsimas and Nayebares. On the other hand, if its true that they had really plotted to overthrow Museveni, then they deserve to be credited for venturing to break the misconception created by Museveni that all Himas are behind him yet majority are as badly off as other Ugandans.

However, these boys need to prepare for the worst since Museveni is the complinant, Chief Justice, Director of Prosecutions, and owns the General Court Martial. The situation is aggravated by the fact that their families continue to engage with Gen Ssejusa yet Museveni expects them to confess and publicly implicate Gen Ssejusa in return for his pardon. It will not be surprising for Gen Ssejusa to be added on their charge sheet depending on his political activities.

INFORMATION IS POWER


ARMY OFFICERS OF THE PAST ARMIES WERE NOT ROBBERS

Introduction
Last week an online Chimpreports.com - an online daily reported that the army was searching for Capt Mushabe Peter over alleged armed robberies that have rocked the country in recent months. It was an additional reporting that had earlier been brought to the public domain by The Red Pepper which had alleged that Capt Mushabe was operating together with a few other army officers and an army General. The army Spokesperson in an interview confirmed the development saying that Capt Mushabe who was the In-charge of Controll Room at military Intelligence headquarters (CMI) was being sought by military intelligence and Police operatives over a spate of robberies but denied the involvement of a General.

Past incidents robberies by army officers 
For the first time in the history of the army in Uganda, it is only in Museveni's NRA that a commissioned officer (2lt and above) have been involved in robbery. It started in the late 80s with the likes of Lt Col Drago Nyanzi, Maj Kigundu, and a few others who would outrightly rob, mastermind robberies and hire out arms to robbers. At the time the regime described them as uneducated Baganda lumpen officers. Later the vice extended to the likes of Col Mawa Dula, Capt Kabusenene, Maj Sam Mwesigwa, Lt Col Segamwenge together with a couple of other junior officers but the regime kept a blind eye and instead would elevate their status in terms of rank and assignment.

Who is Capt Mushabe
He hails from Nyabushozi and is intelligence and courageous in his mid late 30s. He was formerly a driver to Gen Aronda when he was the D/DMI in the early 90s. He was selected for a short course in the late 90s on operating special vehicles mounted with combat communication gadget called Direction Finder (DF). The computerised equipment was under CMI and attached to 4th Division in Gulu as a project to intercept enemy communication and movements. The gathered technical intelligence would assist both ground troops and air power in easily locating the enemy. Mushabe whose education level is of primary school was at the time at the rank of Corporal. He was briefly detained by CMI after he committed murder of civilians around Old Kampala. Because he enjoyed the personal protection of Col Charles Tusiime, the matter was swept under the carpet. Instead he was sent for a short cadet course that saw him get commissioned to the rank of Lt. Since then he has risen through the ranks to become a Captain under CMI. At the height of the Reform Agenda/Dr Besigye persecution, then Corporal Mushabe was blacklisted for close scrutiny by CMI owing to the fact that he is a relative of  winnie Byanyima the wife to Dr Besigye but was later cleared.

The current reports that Capt Mushabe is behind nationwide armed robberies involving a General should rise more questions than answers. The last time a military General was implicated in robbery it was Museveni's half brother Gen Saleh who used junior army officers to rob DRC coffee transiting through Uganda to Mombasa in Kenya. The army is just being shy to admit that  Captain Mushabe saga is more than robbery. Remember the army described the last attack on Mbuya barracks as attempted robbery. As for the General who is implicated, your guess is as good as mine. 

INFORMATION IS POWER

Sunday, 29 March 2015

MUSEVENI MISTOOK THE JUDICIARY FOR HIS ARMY COURT MARTIAL

Introduction
Recently dictator Museveni relented and appointed Justice Katurebe as the substantive Chief Justice after two years of arrogantly refusing to honor the same choice that had been recommended by the constitutionally mandated Judicial Service Commission (JSC). Still he went ahead to irregularily appoint Justice Stephen Kavuma as the Deputy Chief Justice a move that is being contested by patriotic Ugandans in court. Museveni's actions (past and present) are designed to compromise the independence of the Judiciary. Once he succeeds in bringing the judiciary under his feet, it will mark the end of the little hope that Ugandans are holding on. He has his personal military court martial where is the Chief Justice, Principal Judge, Director of Prosecution, and Commissioner of Military Prison.

Commando raid on court
Following his disputed 2001 presidential elections and the fear of an armed uprising, Museveni resorted to gross violation of human rights characterised by extra judicial killings, arrest, torture, and detention without trial of suspected opposition supporters. The dreaded Operation Wembly operatives and other quasi security outfits were created. Torture and detention is ungazzetted detention facilities dubbed Safe Houses became the order of the day. Also at hand was the military court martial where civilians were charged with treasonous and terrorism related offences the Iddi Amin style. A special court martial was put ni place headed by Gen Elly Tumwine. The only task for this court was to legitimise detention without trial, malicious prosecution, persecution and injustice.

It is against this background that in November 2005Museveni's military commandos raided the High Court in Kampala to reverse a court decision granting bail to the leader of opposition Dr Besigye and his co-accused. The following day they were taken to the General Court Martial and charged with the same offenses and remanded to Luzira Prison The Uganda Law Society successfully challenged the irregularity pertaining to the concurrent proceedings in both the court martial and the High Court. NRA's Major Asingura Kagoro swore an affidavit whereby he argued that: "the UPDF decided to deploy security personnel at the High Court premisses for purely security reasons. Terrorists were going to rescue the accused and make them disappear." During the hearing the High Court had concurred with the petitioners that the raid on the High Court by the commandos had been intended to instill fear in the Judge and other Judicial Officers and to induce them to be impartial and feel dependent on the state. That it was also designed to serve as a warning that if you did not enter a favorable judgement they would be in danger.

During the hearing, the constitutional court had relied much on the precedents laid down in the leading cases of Attorney General Vs Maj General David Tinyefuza and Tumushabe Vs Attorney General. In the former Justice Kanyeihamba had argued in favor of the state that: "The constitution has empowered parliament and not the judiciary to to supervise the executive when the later is exercising its functions in military operations." He added that: "Courts should refrain from reviewing decisions relating to military affairs unless they have to. The armed forces are instruments of the state, equipped, disciplined and trained to exercise physical force in the interest of of the state." At the time Museveni had hastly appointed Justice Kanyeihamba to the Supreme Court to specifically deal a blow to Gen Tinyefuza's petition. Indeed he did deliver a heavy blow but a decade later the now retired Justice Kanyeihamba was filmed shedding tears in the corridors of the Supreme Court building over frustration by Museveni's agents. Dr Besigye got his freedom and the trial of civilians in the court martial was declared illegal. Museveni vowed to appeal the decision or to fight it politically. He took up the second option when he embarked on infiltrating the Judiciary with cadre Juges and Justices. The same Major Asingura Kagoro later on swore another affidavit in respect of Habeas Corpus arguing that accused Dr Kiiza Besigye had been legally remanded by the General Court Martial and that the warrant of commitment had been extended by the same court without the accused even appearing before the same court martial. Court ruled that since the General Court Martial had no powers of trying him, it could not extend his remand warrant.

Who is Kagoro Asingura?
Now Colonel Kagoro Aloysius Asingura hails from Tooro and is a son to a former Education Officer. He joined the NRA in late 1985 while he was in High School at St Leos' College Kyegobe. He did basic military training in Semuliki Game Reserve and Buhweju in Ibanda. After take over he served as a military instructor at the NRA Political School in Namugongo under Kakooza Mutale. Later he joined the Presidential Protection Unit (PPU) where he served as an Aide De Camp (ADC) to the First Lady. Following an incident where the first lady refused a plane to take off unless her Aide Kagoro Asingura was on board, Museveni gave him one hour to pack his personal belongings and family and vacate the PPU premisses. Kagoro was dumped at the army headquarters from where he opted to go back to school. Through mature entrance, he joined Makerere University for a Bachelor of Laws degree (LLM). Thereafter he served as a Legal Officer under the army's Directorate of Legal Services. It is that capacity that he presided over the controversial summary trial and execution of the two soldiers in Karamoja where he was the Judge Advocate of the Field Court Martial. During the hearing of the highly political petitions for Dr. Besigye, Kagoro Asingura was a personal Assistant to the Inspector General of Police Kalekyezi Kayihura.

Sham Court Martial
Unlike the civil courts which are a creature of the the constitution and are referred to as Courts of Judicuture, army courts are a creature of a parliamentary Act. Article 129 of the constitution identified Courts of Judicature as the Supreme Court, Court of Appeal, High Court "and such subordinate courts as may be prescribed by parliament." Article 210 of the constitution empowered parliament to make laws  regulating the army in terms of its organs and structures. However, its worth noting that unlike the Uganda Police Force where the constitution clearly stipulated its command, the constitution by Museveni's design is silent on the army's command. This loophole has given Museveni a free day in running the army as his private security company.

Parliament made the UPDF Act No. 5 of 2005 whereby S.197 creates the court martial to deal with service offences committed by members of the armed forces (servicemen) who contravene military law. Unfortunately S.2 of the Act describes service offence as to include any offence under any other Act thus giving it a blanket description. The so called courts under the NRA are the Unit Disciplinary Committee (UDC) for every Unit, the Division Court Martial (DCM) for each army Division, the General Court Martial (GCM) for the entire army and the top most but dormant Court Martial Appeal Court. The General Court martial has both original and appellate jurisdiction over lower military courts. Appeals from the General Court Martial lie to the Court Martial Appeal Court from where they go to the normal Court of Appeal and then to the Supreme Court. As a rule of practice, military courts dont hand civil matters. Officials handling the General Court Martial are supposed to be appointed by the High Command but Museveni assumed this role where he solely appoints them for a one year tenure though Gen Tumwine served for years as long as his special task was still valid. For over a decade now, the Court Martial Appeal Court has been presided over by Elly Turyamubona the former Registrar of the Supreme Court. His career was destroyed when he took up the court martial job hoping that it would elevate his status and career only to be grounded since there is no serious business at the army's appeal court. Imagine at the time he was a Registrar, now Justice Opio Aweri of the Court of Appeal was a mere Chief Magistrate at same court building in Mengo.

Apart from the Judge Advocate who is a lawyer, the rest of the six other members are lay people. Actually apart from Gen Tumwine who had been assigned a special task, those who are assigned to the court martial are usually the officers whom either Museveni cant find a place to deploy them or they are undergoing rehabilitation. The role of the Judge advocate is to advise court on the law. There are Defence Councils who are also Lawyers and army officers whose role is to defend the accused where the army is the complainant.  In some instances the army hires cadre civilian Lawyers to mascarade that they are defending the accused. For those few accused who afford to hire their own private Lawyers, the Court Martial makes sure that they either harass or frustrate them until they loose interest. In some instances, some civilian Lawyers end up being compromised more especially after the court prosecutors arrange secret meetings between the Lawyer and CMI. Both the Judge Advocate and Defence Council belong to the Directorate of Legal Services but where the stakes are high, CMI directly controls the two.

Article 120 (2) of the constitution prohibits the Director of Public Prosecution (DPP) from instituting criminal proceedings in the court martial. The Anti Terrorism Act stipulates that "no person shall be prosecuted under the Act unless the DPP has consented. The same applies to the offence of abuse of office that is currently facing Col Bantariza before the Court martial. Yet Museveni prefers to try terrorism related offences in the court court martial. The Prosecutors in the court martial belong to the department of military intelligence (CMI) and specifically under its Special Investigation Bureau (SIB). The CMI complains, arrests, investigates, prosecutes and manages both Museveni's pardon or imprisonment in case of custodial sentence. Therefore it is CMI through its prosecutors who run the show in the court martial. It is very common for CMI to hold round table conferences with court members where the stakes are high in some cases.

The NRA has had and continues to have a good number of Lawyers within its rank and file. Interestingly no Lawyer has ever been appointed to head the General Court Martial. Instead it is the officers whom the army has failed to deploy (katebe) who are seconded to the court martial. In Tumushabe Vs AG court the holding to the effect that the General Court Martial was subordinate to the High Court but this was reversed in ULS Vs AG where it was held that the general court martial is equal to the High Court only that it does not have powers to try civilians. Imagine the General Court Martial Chairman be it Gen Tumwine (Fine art), Gen Angina ('O' level), Brig Tolit (primary school teacher), Col Sula Semakula (Primary Seven) and others are at the same status as those High Court Judges!!! In the NRA, the Lawyers if not attached to the court martial they are used by top office bearers as their Aide De Camps or Military Assistants. Others are deployed to different units as Legal Officers including even even Para-legals. Remember the case of then Sgt Harry Rurekyera the then paralegal who had signed contracts in the Ministry of Defence as revealed by a probe in the late 90s.Imagine a one Maj. Louis Opolot Otaget a Lawyer is deployed in Palisa district to overseen poverty eradication under NAADS!!!!!

Since the Lawyers in the army dont do any serious legal practice, it is very common to find many of them partnering with other Lawyers in town for private practice. During the tenure of many of them in the court martial, they connive with SIB officers to take bribes and to extort from soldiers who are accused of theft and abuse of office thus compromising investigations and prosecutions. This is very common where the regime has no vested interest in (security) in the accused. Criminal investigations in the army are carried out by SIB but in cases where the regime has a security/political interest, it is the specialised units like JATT and Counter Intelligence that lead the investigations. In some special interest cases they register the involvement of police expertise in evidence gathering not because they want a successful prosecution but simply to avoid embarrassment during mock trials. The case of Col Bantariza is a clear example; he stole the money just as is the norm with anyone holding office in the NRA but prosecutuin has failed even to prove if the tractor was a donation from Ministry of Finance or not.

Prosecutors in military courts are always armed with signed Warrant of commitment to prison and can send any one arrested by CMI to any prison in Uganda even without appearing before a court martial. They have been having trouble with normal government prisons where victims get access to their relatives, lawyers and human rights NGOs. They find solace in their own prison under the dreaded military police barracks  dungeons. Under the Military Police prison, any suspect can be picked for interrogation and torture in safe houses and denied access to relatives, lawyer, NGOs and indefinite detention without trial. The case in point is the on going trial of Col Bantariza where one of his co-accused after suffering prolonged detention without trial had to succumb to accepting to testify against the accused in exchange for freedom. The defence counsel had this to say in submission for a no case to answer: "This court needs no tutorials that a Captain on remand such as PW3 who attracts the attention of a whole CDF (then Gen Aronda) to the extra ordinary extent of putting pen to pepper to determine who accesses the Captain when he is in jail, who talks to him, over what, that can not be said to be ordinary detention. We have not been told by prosecution that the CDF's office has an extra mantle of  being the clearing house for the visitors seeking audience with detainees in Military Police prison installations." Its only the army Chief Gen Aronda who would grant written permission for any one to access the witness when he was still a suspect and detainee. The 12 years of detention without trial of Capt (retired) Amon Byarugaba allegedly over treasonous activities linked to the PRA is another example of the evils of the court martial. Preferential treatment on orders from above is normal in the court martial. Col Kimbowa shed tears when he was denied bail to attend to his over 90 years old ailing dad. Shortly after, instead it is his mother who passed away and he was given seven days to go and attend the burial after which he was detained again. It is not clear how in law one can term the seven days a detainee is given to attend to go home and attend a burial. Families of Ssejusa's former Aides are craving to meet Museveni so that he pardons their sons and husbands who are detained by the court martial. The list of the court martial vices are endless and Museveni is at the center of it all. Generally, court martial under NRA are not worthy being called courts of law. They are instead tools of injustice to both the accused and the victims of crime. Cpl Rwakihembo shot dead three people including his wife. He was taken through a mock trial and sentenced to 95 years imprisonment so as to cool down the emotions of citizens, shortly after it was reduced to 35 years and finally settling at three years. This is because the convict is a home boy whose leniency was negotiated by elders from his home area.

Museveni manages the court martial as his personal court that he uses to intimidate and scare dissent, to avenge disagreements but more so to deal with real and imaginary political opponents. He is the Chief Justice, Director of Prosecution, Chief Investigator, complinant and Judge in matters before the court martial. He appoints and fires the officers who man the court martial and can prefer any charge and withdraw it or pardon any one accused before a court martial even before such a person is convicted. It is these powers that he exclusively enjoys over the operations of the court martial that tempt his to extend such influence to the Judiciary. If his current push on scraping bail in some criminal charges succeeds,then he will have a field day in dealing with his political opponents.

INFORMATION IS POWER







Wednesday, 18 March 2015

FDC'S 'LEAP FORWARD' DRIVES MUSEVENI INTO CONFESSION AMIDST JUBILANT COHORTS


Political opposition are economic saboteurs  
Since the introduction of multiparty democracy in 1996, Museveni has persistently told unsuspecting Ugandans that it is opposition politicians who have been sabotaging government developmental programs. He has repeatedly told the electorates not to vote for certain politicians whom he accuses of sabotaging his developmental programs or else they risk missing out on the national cake. He has consistently blamed the opposition politicians for failing to come up with alternative policies but they simply focus on removing him from power.

FDC's Uganda Leap Forward
On 9th March 2015 FDC the biggest opposition political party launched its policy package that they branded Uganda's Leap Forward. The well thought out Action Plan has been praised by Ugandans including members of the Museveni's regime. It aims at creating a new momentum to grow the economy, create decent jobs and expand opportunity for every Ugandan. It comes up with concrete intervention measures to reverse the appalling situation pertaining to health, education. economy and service delivery among others. The well attended launch ceremony was characterised by a moving a moving speech by the FDC president Gen Mugisha Muntu and attended by a cross section of Ugandans including the Secretary General of Museveni's NRM. Since then the policy package has continued to dominate in the political circles.

Museveni confesses his sins
Now that Uganda's biggest opposition party has come up with a superb alternative policy package  that critically faults Museveni's policies, he has now shifted the blame game for his failures. On 16th March 2015 while opening a cabinet retreat he expressed anger at his cabinet Ministers, Permanent Secretaries and local government leaders whom he accused of corruption, negligence and sloppiness. This time he did not blame the political opposition for sabotaging government programs. He singled out Health, Education and the Economy as the key as the key areas that were badly wanting. He specifically blamed the Ministry of Health officials for not teaching people how to was their hands before eating in order to avoid contracting Typhoid fever. Yet, it lack of clean water, poor sanitation in cities and general poverty that lead people to consume dirty food and live in filthy environment. Of course, these are the key areas that the FDC policy agenda had critiqued him and provided superb alternative proposals thus he had been caught his pants down.

The visibly infuriated and jittery Museveni had this to say in regard to his much cherished Universal Primary Education (UPE): "We can drop the program and divert the funds to other sectors and wait for enough funds." This was after the FDC policy agenda factually informed Ugandans that out of the 2.1 million children who enrolled into UPE since 1997, only 485703 had managed to complete Primary Seven level leaving 1.6 children unaccounted for. The idea of UPE was initiated by former DP President Paul Ssemogerere during the 1996 elections but Museveni simply copied and rushed to implement it. Since time in memorial Museveni has been copying other political organisation's and rushing to implement them with the requisite policy backing thus disastrous consequences.

Museveni's cohorts find solace in Gen Muntu
After the launch of the FDC's party policy agenda, Dr. Besigye made comments to the effect that despite the new initiative, the need to get Museveni out of power is still crucial. Dr Besigye has been at the forefront of Ugandans advocating for mass action in dislodging Museveni from power. This is what Museveni and cohorts fear most. Much as the Leap Forward polcy document is a positive move in the right direction, it is what Museveni always refers to as "Kahendekye Teita Mbogo" (mere wishing the buffallo to break its leg does not guarantee its death). Because of his militant approach and resolve, Dr Besigye has continued to overshadow Gen Muntus leadersip of Uganda's biggest political party and the opposition in general. Now that the non militant Gen Muntu has had his score cards elevated, the regime cohorts are breathing a sigh of relief in the hope that the Gen will sway away support from Besigye and avert a looming Tsunami. Their focus right now is on how best to foment and further the differences in approach between Col Besigye and Gen Muntu.

Go slow - Prime Minister cautions Museveni
During the close of the closing ceremony of the retreat, his Prime Minister faulted Museveni for unfairly blaming cabinet thus: "Mr. President I would like to report that good performance was reported in a number of sectors notably security, public administration, social development, Tourism Trade and Industry with indications that their overall output indicators are most likely to be achieved by end of the financial year." He went ahead to advise Museveni that in future there is need for better and sufficient data to inform and analysis and projections. In otherwords, he was implying that he (Museveni) was not well informed.
Museveni micromanages everything and should carry the blame. His Ministers and other officials are mere figure heads or his personal political assistants. He prefers to appoint corrupt and inefficient officials so long as they owe personal allegiance to him. He deliberately undermines economic growth and quality education so that he can lead an impoverished and ignorant population.

INFORMATION IS POWER

Tuesday, 17 March 2015

MEDIA FRATERNITY TRIUMPHS AS GEN MUHWEZI WAITS IN AMBUSH

"When the enemy advances, we retreat; when the enemy camps, we harass; when the enemy tires, we attack; when the enemy retreats, we pursue."  Mao Tse-tung

Tired media attacked
Like all dictatorships, the Museveni regime has curtailed media freedom. Media houses have been subjected to various forms of harassment and intimidation. Journalists have been intimidated, harassed, imprisoned, assaulted and their tools damaged. Currently the country is facing a in media vibrancy thus the regime mistook that lull for tire and it launched an attack.

On March 9th 2015, the Secretary to the Parliamentary Commission Jane Kibirige directed all media organisations to replace their reporters to have been covering parliament since 2009. She claimed that the communication was a parliamentary commission decision meant to address the imbalance in median coverage of parliament. The Parliamentary Commission is the administrative army of parliament and is chaired by the Speaker.

Media counter attacks; government retreats
Following the above surprise attack, the media fraternity assisted by Friends of the Media made a swift counter attack. They strongly condemned the action as an attempt to suffocate media freedom before threatening to take other devastating measures. The dictatorship being good students of Mao Tse-tung's doctrine of war, mad a hasty retreat which in military terms is usually uncoordinated. The Deputy Speaker of Parliamment was quick to disown the directive before rescinding it.

Media pursues retreating government
Despite the government's hasty retreat from the battle field, the victorious media has opted to hotly pursue it lest it reorganises. The media is now demanding for a written guarantee that the issue wont be brought up again. However, the media in its hot pursuit should be mindful of the likely ambushes and landmines that could be set up in order to bog them down.

Gen Muhweezi in ambush
The current victory by the media should not be celebrated because the regime has only lost the battle and not the war. The recently appointed Minister of Information Gen Muhwezi has a specific task of taming the media to dance to the tune of Museveni's life presidency project. The government simply retreated because the media advanced and it is just waiting for the media to camp so that they harass and when it tires, government will attack once again. Dont be deceived that the recent attack on the media was by parliament and not the executive unless you are not Ugandan. The Speaker, her Deputy and the office of the Clerk to parliament are members of the Museveni regime aka NRM.

Legal fraternity in hot pursuit
The recent victory by the legal fraternity in the Justice Odoki saga is a classic example of the above Mao Tse-tung war doctrine. When it camped, Museveni harassed and when it tired he attacked. When it re-organised and made a counter attack, Museveni withdrew. Now it is in hot pursuit through challenging
the appointment of Justice Kavuma as the Deputy Chief Justice yet he was not nominated by the Judicial Service Commission. The petition will obviously succeed thus another blow to 'the enemy of the people.'

Lessons
Dictators world over are cowards. They draw their strength from deceit, intimidation, manipulation, corruption, nepotism etc. When assertively and courageously confronted they relent. When aggressively confronted with the similar weapons  that they use to oppress and trample on the masses, they crumble within a second. Educated dictators are shy and that is why they wear masks and the role of the media is to unmask thus efforts to tame it.

INFORMATION IS POWER

Monday, 16 March 2015

WHY DR. KIYINGI SENDS MUSEVENI PANICKING

Introduction
Of recent there has been arrests of Muslims following a spate of murders of Muslim clerics in Buganda and Busoga regions. The regime has linked the murders and arrests to the Islamic aligned Allied Democratic Forces (ADF) based in eastern DRC. Among those arrested are the leaders of the radical Tabliq sect. The ADF came to the scene around 1996 when it struck western Uganda. Its prolonged war with the Kampala regime saw Museveni's army enter the DRC ostensibly to flush out the ADF but it remained intact as the army instead pursued an imperialistic agenda. The ADF remained active in eastern DRC with clandestine operations in Uganda's Islamic strong holds of Buganda and Busoga. Museveni managed to have the ADF blacklisted as a terrorist organisation but his tireless efforts to link it to Alshabab and Al-Queda have not been fruitful. Recent report by the UN group of experts found no evidence of any linkage.

Also linked to the murders is Dr Agrey Kiyingi - a prominent Ugandan Cardiologist based in Sydney Australia. He has expressed intentions to vie for the presidency of Uganda. The Museveni regime alleged that he has been funding the activities of the above recently arrested Muslims. Interestingly, for the first time the alleged radical Islamic fundamentalist ADF is a devoted Christian Dr. Agrey Kiyingi!!!!!!!

Dr. Kiyingi - a Muganda
Muganda is the singular for Baganda who are Uganda's ethinic group that occupies central region. Their geographical location coupled by their administratively superb ancient Kingdom of Buganda, made it the focal point of early European colonisation. The colonialists used the Baganda in their indirect rule in return for preferential treatment. The Baganda spearheaded and bore the brunt of the struggle for independence. The 1966 clashes with the central government led to their much cherished Kabaka (King) to flee into exile from where he died a few years later and the subsequent abolition of Kingdoms in Uganda. These events pitted the Baganda more especially the peasants against the UPC party and President Obote in particular. A series of assassination attempts on Obote by ordinary Baganda were halted by Iddi Amin's take over in 1971. The Baganda fully embraced Amin's military take over more especially when he returned the remains of their Kabaka and accorded it a descent burial.

In 1978 when the Obote led Uganda exiles backed by the Tanzanian army were battling to dislodge Iddi Amin, Museveni led a misinformation campaign of how the Obote and the UPC were not popular in the strategic Buganda region. This prompted the UNLF to put forward Prof Yusuf Lule and Paul Muwanga - all prominent Baganda at the top leadership of the post Iddi Amin government in order to win over the Baganda. Even when Prof Lule was ousted six months later, its another Muganda; Godfrey Binaisa who was selected to become President. Still the Baganda led "Twagala Lule" (we want Lule) demonstrations paralysed the nation before Museveni who was the then Minister of Defence brutally crashed them.

When Milton Obote won the 1980 elections, the Baganda nder Andrew Kayiira and Prof Yusuf Lule resorted to armed rebellion. Museveni who felt his childhood ambition of becoming President was under threat, moved very fast to neutralize them. He tricked Yusuf Lule into joining hands with him before he embarked on laying the same traps for Andrew Kayiira whose group he openly undermined. He assembled prominent Baganda into leadership positions for his NRA guerrilla outfit's political leadership hierachy. When the going got tougher, he enlisted the support of the then Buganda Prince Mutebi with promises of restoring the Kabakaship (kingdom). However, in order to curtail the Baganda military influence, Baganda military fighters were systematically curtailed from advancing to top command positions. No wonder, Prof. Lule had to die so that Museveni becomes the President.

Since taking over power 30 years ago and restoring of the Buganda Kingship 25 years ago, Museveni has had fragile relationship with Buganda. The Baganda realised that Museveni had duped them by restoring a quasi kingship. The devastating five years war fought on Buganda territory coupled by systematic and malicious intervention measures aimed at trimming Buganda's wings, its past glory has never recovered. The Baganda are losing their much cherished wealth in land to unscrupulous regime cohorts leave alone its territory as Kampala was declared not to be part of Buganda. Museveni has consistently through both overt and covert actions undermined the cohesion of Buganda Kingdom. His main worry is for Buganda to produce a potential presidential material. After getting rid of the militant Andrew Kayiira in the late 80s, through the 90s he feared the likes of Mulwanyamuli, Dr Sulaiman Kigundu, Dan Muliika,JB Kawanga and a few others. He identified and brought on board other prominent Baganda like Prof Nsibambi and Prof Gilbert Bukenya so as to soil their reputations.

Since coming to power the influence of Baganda soldiers in the NRA has been contained.  After placing the strategic components of the army under the command of his son Brig Muhoozi, he had to hoodwink the Baganda by appointing a Muganda Gen Katumba Wamala as the Chief of Defence Forces who is a mere figure head. With the new NRA Cadre Buganda Katikiro (Prime Minister) Peter Mayega, Museveni felt that he had now written off Buganda as a potential threat to his life presidency. The coming on board of Dr Agrey Kiyingi - a Muganda who has never been associated with his reign but more so given his international connections, Museveni feels threatened by Buganda once again. Museveni fears that Dr Kiyingi may rally the Baganda by riding on the quest for FEDERALISM (fEDERO), whom he thought he had sent into political limbo and was now focusing on northern Uganda. Therefore, he strongly feels that by linking Dr Kiyingi's political activities to terrorism, he will manage to isolate him locally and internationally.


Saturday, 14 March 2015

WHY COL KYAKABALE RETURNED FROM EXILE BUT GEN SSEJUSA RETURNED FROM A 'SPY MISSION'

Introduction
On 8th March 2015 Lt Col Antonio Kyakabale ended his exile by returning to Uganda from Sweden where he had lived for 12 years. His return was a low profile ceremony unlike the much politicised and controversial return of Gen Ssejusa from the UK in January 2015. These two senior army officers who had been internationally recognised refugees were not repatriated by United Nations High Commission For refugees (UNHCR) or International Organisation for Immigration (IOM) but were instead received and their security guaranteed by the Museveni regime. Some sections of Ugandans especially the exile community expressed fears that Gen Ssejusa could have been on a spy mission but this has not been the case with the return of Col Kyakabale.

Col Kyakabale - the 'PRA Spokesman'
Col Kyakabale is  a Mukiga by tribe from Kabaale which is currently the battle ground between Museveni and his longtime comrade Amama Mbabazi. He joined the post Iddi Amin army in 1980 and in 1981 he was among the first 27 people who alongside Museveni launched the five years bush war against the government. During the RPF war against the Hutu dominated regime in Rwanda, Col Kyakabale was the NRA Brigade commander based in Kabaale. He played a vital role in providing the necessary military back up to the RPF. However, just it had been the case when he joined the bush, his support for the RPF was not out of ideological commitment but a military adventurist. Later, while a Brigade Commander in Kasese, he was accredited for capturing his former comrade Col Ahamad Kashilingi who had deserted the NRA was now a dissident based in the Eastern DRC. Col Kyakabale simply stole the show as the dissident Kashilingi was kidnapped by members of the Congolese army from inside DRC and handed over to the NRA. The deal was under then DMI and coordinated by two of its operatives namely Barnabas Mughongo and Kirindiro who liaised with Congolese civilians - a one Abdu and another. In exchange a motorcycle and some cash were some of the payments.

By 2000 Col Kyakabale had been placed on Katebe (rendered redundant) and was feeling the heat. He had become a nuisance in the Kampala suburbs of Busega where he resided to the extend of being suspected of involvement in armed robberies. Following the hotly contested elections of 2001, Kyakabale was accused of campaigning for an opposition Reform Agenda candidate in Kabaale. Before the army could move against him, he fled to Rwanda. At the time relations between Museveni and Kagame had soured following their two armies clashes in DRC. The Museveni regime was persecuting the supporters of former presidential aspirant Col (rtd) Dr Besigye who had fled Uganda. Around the same time a number of other senior and Junior officers fled to Rwanda among them Col Samson Mande, Col Edson Muzoora and other junior officers. The regime alleged that Col Besigye together with those officers were planning armed rebellion (PRA) backed by Rwanda. In retaliation the Museveni regime provided safe heavens for Rwandese army officers who were fleeing Rwanda. Col Kyakabale recklessly went public and declared war against the Museveni regime.

The rising tension between the two military dictators threatened to blow into open military confrontation but was averted by the intervention of the then UK Foreign Secretary Claire Short. This time Museveni's much acclaimed 'African solutions to African problems' was not applicable. Claire Short's mediation resulted into an understanding for each country to relocate the dissidents it was hosting. Under UNHCR and IOM, Col Mande, Col Kyakabale and other junior officers were relocated to Sweden while Rwanda's Major Alphonse Furuma, Maj Mupende and a few others were relocated the the USA.  In 2003 the alleged PRA rebels were brought back from Congo, charged with treason and detained without trial. Since then all were released under the Amnesty Act save for Capt (rtd) Amon Byarugaba who continues to languish in Makindye military detention. In Sweden, Col Kyakabale kept a very low profile save foronce when he was hosted on a local FM station in Uganda but still his performance was very poor in terms of articulating issues. It is said that Museveni's agents approached him over his return many years ago but he simply pocketed their hundreds of millions of their cash and dodged returning. Some sources allege that Col Kyakabale has not been on good terms with Col Mande.

Gen Ssejusa - the 'Spy'
Gen Ssejusa on the other hand had been Museveni's Coordinator of Intelligence Services before he sought asylum in the UK in 2013. While in exile he strongly denounced the Museveni regime's excesses - accused it of gross violation of human rights, corruption, dictatorship before declaring his intentions to dislodge it from power by unconstitutional means. He formed a political organisation, mobilised Ugandans in exile while his former aides faced charges of treasonous activities linked to him. In a surprise turn of events, in January 2015 he returned to Uganda and was welcomed by the regime. Since then he has been trying to find his level in the political landscape.

Ideological aspect
During Museveni's bush war both Ssejusa and Kyakabale were very excellent at the battle front but Ssejusa went further by excelling even in war. When Museveni took to rebellion in 1981 so that he becomes president of Uganda, he received the following categories of followers:-

1. The few ambitious individuals who sought a way of landing into positions of power to gain wealth,        power and further their political aspirations.

2. The unsuspecting Ugandans who wanted to change the situation of insecurity that Museveni had created.

3. The Rwandese Tutsi refugees who were looking for an opportunity to attack Rwanda and return home.

4. The criminals who were escaping from justice and wanted safe heavens.

5. The civilian hostages who were forced into a war situation and had to fight for their survival.

6. Former soldiers of the ousted Iddi Amin government seeking to refuge from being witch hunted.

7. The rogue soldiers who because of their low education level would not even have become Sergent if they had remained in the UNLA.

Its the above background that provides the point of departure in the circumstances surrounding the return of the two senior army officers from exile. OVER TO YOU!!!!!!

INFORMATION IS POWER



Wednesday, 11 March 2015

VETTING THE UGANDA POLICE WONT HELP



Introduction
Last week a Police Constable Julius Mugambagye attached to Mbarara Police Station shot dead four people over a love affair. He was formerly a member of the Local Administration Police (LAP) that was dismantled and integrated into the Uganda Police Force (UPF). As usual immediately after this incident for fear that the it could spark off the much feared civil disobedience, the Inspector General of Police (IGP) Gen Kayihura rushed to the scene of crime. He addressed the residents and dished out cash handouts to the families of the deceased. In his address, he expressed regrets over integration of former LAP into the UPF without adequate training. He promised that all police officers were to be subjected to fresh vetting to wipe out the undisciplined and unprofessional thus: "We can not tolerate this. All Police persons are to be subjected to fresh vetting to remove the undisciplined, those with criminal mind and character and the non patriotic." He ordered that all former LAP personnel be taken for fresh training in Yumbe. He cited patriotism among the few benchmarks for one to be a Police Officer but fell short of disclosing that they were to undergo political indoctrination under the guise of fresh training.

Privatising the Uganda Police Force
When Museveni came to power in 1986 he inherited a Police force that was dominated by people hailing from the northern and north eastern regions though the force had a a good number of personnel hailing from the other regions. He viewed the entire force as being hostile to his regime the same way he it had been the case with the Judiciary and the entire legal fraternity. That way, the army took over policing with Gen Aronda's team stationing itself at the Central Police Station (CPS). In the countryside, Civil Intelligence Officers (CIO) - the old version of the present District Internal Security Officers (DISO) took over running of police stations. His desperate efforts to recruit loyalist cadres into the police force around 1987 did not make any impact save for a few like Cadre Turyagumanawe. As time went on his conflict with the police escalated to the extent that he one time publicly told them that unless they learnt to vote wisely,their welfare would never improve.

He initiated the Julia Sebutinde commission in order to target and eliminate certain individuals in the Police force. He deployed Gen Katumba Wamala not to improve the force's performance but to give way for 'his own' Gen Kaziini to rise to the position of Army Commander. At the time it was Gen Ivan Koreta and Gen Katumba Wamala who were most qualified to replace Gen JJ Odong as Army Commander. For the same purpose Gen Koreta was diverted to Internal Security Organisation (ISO). At the same time the rising star in the Police force, Inspector Fred Igga was diverted to peace keeping in South Sudan. While at the helm of the Police, Gen Katumba Wamala was accused of mobilising logistics from City tycoons to facilitate community policing - a move Museveni described as "nonsense". By the time both Gen Katumba and Gen Koreta returned to the mainstream military service, Gen Kaziini had raised to the position of army commander. The same way Gen Aronda had been assigned to the privatisation of the army scheme, Museveni appointed Gen Kayihura turn it into a coercive arm of his ruling NRM clique.

Intergrating LAP into UPF
As part of the wider privatisation scheme of the security forces, the traditional LAP was integrated into the UPF. The Uganda Police Force is provided for by Art 211 of the Constitution thus: "There shall be a police force to be known as the Uganda Police Force and such other police forces in Uganda as parliament may by law prescribe." The LAP had been provided for under the Local Government Act Cap 243 S.179 thus: "Local Government Police and Prisons existing at the enactment of this Act shall continue in existence until a new law covering them is enacted." The Police Act Cap 303 S.67 provided for LAP to be under the local government system but for matters of training and standardisation placed under the responsibility of the IGP. The Police (Amendment) Act 2006 amended the principal Police Act, S. 67 thus:

               INTERPRETATION:
               Police Authority means:-
               (b) In relation to Local Administration Police, the administration of the area in which that force is
                     established.

              S. 67A(1) A local Administration Police force existing immediately before the commencement of
               this Act shall continue to exist in accordance with this Act and shall be fully integrated into the
               Police Force as a Local Administration Police.

               S. 67A(3) Local Administration Police shall be under the command and control of the IGP who
                shall be responsible for all its operations.

               S. 67A (4) The Local Administration Police shall:
                            (a) Receive the same training as officers of the Uganda Police Force.

                S. 67A (5)
                             (b) Assist the local government in collection and safe keeping of money collected by
                                   division councils.
                             (c) Work with Chiefs and Local Councils as may be required in the enforcement of law
                                  and order.

                S. 67A(6) Local Administration Police shall be appointed by the respective authorities under the
                                 Act.

Going by the above, it is the IGP to blame for the alleged lack of training and professionalism by the former LAP personnel. However, the issue is not lack of training and professionalism but the erosion of discipline orchestrated by institutional impunity and protectionism. Just during the same time of the Mbarara incident, there was a similar incident in Jinja where the Police and the so called Crime Preventers opened fire to unarmed traders who had a scuffle with tax officials and injured two. The Police at the scene were under the command of the District Police Commander Apollo Kateba. In retaliation, the traders also descended on one of the crime preventers whom they almost lynched to death. The Regional Police Commander disclosed that two of his officers had been arrested for shooting people adding that they should have used their training to contain rioters. This phenomena of District Police Commanders leaving their stations to oversee small operations by their men alludes to the much feared civil disobedience. Its for the same reason that the other day the DPC of Old Kampala was involved in chasing the innocent journalist on the street before attempting to murder him. The Police Commanders are under briefing to be on the look out and not to take any incident for granted thus acting under pressure.

Its not only LAP that was integrated into the Uganda Police Force; all the different auxiliary forces that had been created in different parts of the country ended up in the Police force as Special Police Constables without going through the formal police recruitment and training. Currently the drive is targeting millions of NAZI GESTAPO like secret police in the form of Crime Preventers. As part of the reaction to the Mbarara shooting incident, plans were announced to recruit and train 23370 Crime Preventers throughout the district. But again how does a Local Administration Police personnel from Bunyaruguru end up serving in Kotido in Karamoja. The suspect Mugambagye Julius had just been transferred to Mbarara from Karamoja shortly before the incident.

Essence of vetting
Periodic vetting of Police officers would be a healthy move if it was done in good faith. In Kenya it is provided for in the constitution under Art. 246 and the S.7(2) and (3) of the National Police Service Act. It is carried out by the National Police Service Commission who invites the public to provide information that may assist in determining the suitability and competence of officers. The overall objective is to build confidence and trust in the national Police service. The applicable vetting standards include officers satisfaction of entry and training requirements, their professional conduct and discipline, integrity financial probity, and respect for human rights. Those who satisfy the commission are retained and those whose integrity is found lacking are removed from the service. The last such vetting in Kenya was carried out in late 2013 through early 2014 when some heads rolled.

Therefore the vetting Kayihura is talking about is a purge to get rid of those suspected not to be fully loyal to Museveni's life presidency project.

INFORMATION IS POWER.

http://changeofguards.blogspot.ca/2015/03/vetting-uganda-police-wont-help.html

Sunday, 8 March 2015

WHY MUSEVENI HAD REFUSED TO APPOINT KATUREBE AS CHIEF JUSTICE

Introduction
Museveni finally succumbed to pressure and swallowed his pride when he appointed the Judicial Service Commission (JSC) chosen Justice Bart Katurebe as Chief Justice (CJ) of Uganda thus ending two years of holding the Judiciary hostage. It is victory for the legal fraternity and in particular the Uganda Law Society (ULS) that never relented, a victory for Hon Gerald Karuhanga who petitioned the constitutional Court and a victory for some Ugandans who stood by the constitution. For two years Museveni had arrogantly denied Justice Bart Katurebe was was due to him the same way he continues to deny the elected Kampala City Mayor Elias Lukwago access to his office. He attempted to reappoint his buddy Justice Benjamin Odoki who had clocked the constitutional retirement age the same way he is planning to seek another presidential term despite being disqualified by the constitutional age limit. Museveni has been trounced and Justice has prevailed.

Museveni and the legal profession
Since time in memorial Museveni has held the legal fraternity in contempt. Like all ditators, when he came to power he had problems with the Judiciary and the Lawyers. He has repeatedly despised Judges and accused them of fighting his government. In 2004 when  five Justices of the Constitutional Court unanimously ruled that the 2000 refrrendum on  political system had been illegal, Museveni in a national address angrily accused the judges of usurping the powers of the "people" and parliament. He promised to "sort out" the Judiciary both politically and legally saying then that "our people" had studied law and garnered the experience required to be appointed Judges. He has always sought to rely on the Military Court Martial though of recent after appointing his cadre Judges he now has some small faith in the Judiciary.  He suffered another blow when the Judges declared his much craved for trial of civilians in military court martial as unconstitutional and an illegality. However, in 2001 he realized the strength of the courts of law when his reelection narrowly survived being nullified - thanks to then Chief Justice Odoki. That is when he embarked on the process of filling the judiciary with Cadre Judges and Justices. Unlike in the Army and Police where the personalisation process is almost complete, he is yet to fully tame the Judiciary thus why he still needed Justice Benjamin Odoki.

Reappointment of Benjamin Odoki
In 1986 Museveni was sworn in by Justice Allen who had replaced Justice Masika of the second ousted UPC government. Museveni appointed Justice Wako Wambuzi as his Chief Justice who upon retirement was succeeded by Justice Benjamin Odoki. Benjamin Odoki had played a pivotal role in the 1995 constitution making process. He saved Museveni during the 2001 election petition where the justices unanimously agreed that the the elections had not been free and fair but dismissed the petition on three to two. It was almost the same case in the 2006 election petition.
On 23/03/2013 then Chief Justice Benjamin Odoki clocked the constitutional seventy years retirement age. His tenure of office was extended for another three months as a new Chief Justice was being sought. On 26/03/2013 the JSC recommended the reappointment of four Justices (Benjamin Odoki inclusive) who were due for retirement to be reappointed as Acting Justices of the Supreme Court. On 18th June 2013 the constitutionally mandated JSC had recommended Justice Bart Katurebe for appointment as the substantive Chief Justice. Museveni reappointed the four Justices to the Supreme Court for two years in Acting capacity but he also went ahead to appoint appoint Justice Benjamin Odoki as the Chief Justice of Uganda. On 26/7/2013 the youth Member of Parliament Hon Gerald Karuhanga petitioned the Constitutional Court  challenging the constitutionality of Benjamin Odoki's appointment as Chief Justice. On 9/8/2013 Museveni wrote to the Speaker of Parliament forwarding Justice Benjamin Odoki's name as the appointed Chief Justice for parliamentary approval. However, because of the constitutional petition and public outcry, the approval process could not take place. Museveni stuck to his guns culminating into the two years stalemate where the third army of government and temple of justice went without a head.

Ag Deputy Chief Justice Cadre Steven Kavuma doubles as Ag Chief Justice
Justice Steven Kavuma is a cadre of Museveni's ruling NRM party. Earlier, he had been Museveni's Minister of Defence - a preserve of trusted cadres. As part of Museveni's "sorting out" of the judiciary, in 2006 Museveni appointed him as a Justice of the Court of Appeal. At the time of Benjamin Odoki's retirement, Kavuma was the Acting Deputy Chief Justice following the death and retirement of Justices Kategaya and Mpagi Bahigaine respectively. Following the elapse of the three months transition period extension of Benjamin Odoki, on 25th June 2013 Museveni appointed Justice Kavuma as the Ag Chief Justice of Uganda. Since appeals from the Court of Appeal lie to the Supreme Court, by virture of his being the Ag Chief Justice, Justice Kavuma would also sit in the Supreme Court. For the next two years and in contravention of Article 33(2) of the Constitution Justice Kavuma continued to hold the Office of CJ in acting capacity till March 2015 when Museveni appointed a substantive Chief Justice.

Constitutional petition No. 39 of 2013
The petition forced Justices Steven Kavuma and Augustine Shimiye of the Court of Appeal to excuse themselves from the pannel of Justices that were to hear the petition. It is the Court of Appeal that turns itself into a Constitutional Court in order to entertain a constitutional matter.Therefore, the two being Museveni's top Cadres were viewed as having had vested interest in the matter. In the meantime, the petitioner Hon Gerald Karuhanga warned the Speaker of Parliament against furtherance of the approval process for Justice Benjamin Odoki as required by Museveni. After over one year and a half in August 2014 the Constitutional Court determined the matter in favor of the petitioner. Apart from Justice Opio Rubby Aweri who delivered a dissenting judgement, all the other four Justices were in favor of the petitioner. In his dissenting judgement Justice Opio Aweri stated thus: "In the instant case, legality of the appointment was out of question and should not have generated any alarms. The only challenge however, could have been if the said appointment was done under suspicious circumstances such as promoting selfish interests of the President etc." The petition succeeded but still Museveni was not yet done and his Attorney General claimed to have appealed against the decision in the Supreme Court though there was no evidence to that effect.

Justice Odoki soils his legacy
Former Chief Justice Benjamin Odoki had had a successful career - 35 years under the Judiciary and 12 years as Chief Justice. He soiled his reputation when he failed to to boldly tell Museveni that his reappointment was unconstitutional. Instead before he clocked the retirement age of 70 Justice Odoki had proposed to Museveni that he keeps retiring Judges on the job longer. He went ahead to propose that the retiring age limit of Judges be moved from 60 to 65 and Justices from 70 to 75. Indeed shortly after he was a beneficiary of his proposals when his position as a Justice of the Supreme Court was extended for another two years ending August 2015. There is no doubt Justice Benjamin Odoki is personally close to Museveni and his close ally in his life presidency project. He saved him twice (2001 and 2006) when his presidency was at at the brink of being legally lost.

The Legal fraternity trounces Museveni
Throughout the saga, the leadership of the Uganda Law Society (ULS) put up a spirited fight. It challenged the appointment of Justice Kavuma as Ag CJ. It kept the general public updated through periodic educative briefings. It mobilised members of the legal fraternity to fight for a just cause. to add to the voice, Legal BrainTrust (LBT) - a local civil society organisation filed an application No 149 of 2014 for judicial review seeking a quicker appointment of a substantive CJ and DCJ. In April 2014 when ULS threatened a countrywide lawyer's strike to boycott courts of law, the worried Museveni hurriedly met the ULS leadership and cited the constitutional court petition as the cause for the delay to appoint the CJ. He promised to abide by the decision of the constitution court. In August 2014 the Constitutional Court determined the petition but still Museveni was adamant until he succumbed to pressure five months later in March 2015. In the meantime, in January 2015 the lawyers boycotted the opening ceremony of the New Law Year. 

Peter Nyombi - Cadre Attorney General paid in own currency
Being the principal legal adviser to government, on 21st June 2013 Attorney General Peter Nyombi wrote to Museveni advising him to either appoint a new CJ or to reappoint retired CJ Benjamin Odoki as the substantive new Chief Justice. He cited Articles 142 and 253 of the constitution and argued that after being as Ag Justice of the Supreme Court, Justice Benjamin Odoki was eligible for appointment as CJ. On 30/7/2013 he again wrote to Museveni advising him that since the JSC had not clearly spelled out its reservations, he (Museveni) had the constitutional mandate to appoint Justice Benjamin Odoki as CJ. As the Attorney General Pete Nyombi was an ex official member of the JSC that appoints judicial officers had attended all the JSC sittings that opposed the reappointment of Justice Benjamin Odoki. Typical of a party cadre, in order to please Museveni he would misrepresent the JSC's stand. He tirelessly defended Museveni's appointment of Benjamin Odoki in the said constitutional petition. Peter Nyombi was not alone; Museveni's team using Hon Eddy Kwizera attempted to introduce a private members bill seeking to seeking to rise the retirement age for CJ, DCJ, Principal Judge and High Court Judges to allow judges to stay on the bench longer by five years but it could not take off. It is a known secret that Museveni has his private legal team comprised of the first son in law Edwin Karugire, Gen Kayihura, Gen David Muhoozi, Brig James Mugira and a few others who formulate and guide his legal undertakings. In the Chief Justice saga he was not misled by the Attorney General Peter Nyombi. The Attorney General in Peter Nyombi the ruling party cadre simply opined what Museveni enjoyed hearing. He has now been dropped as Attorney General not because he misled Museveni in this CJ saga but because of the controversial juicy government contracts - present and future. Peter Nyombi was sacrificed for the home boy Fredie Ruhindi in a similar way Works Minister Eng Byandala was replaced by Engineer Byabagambi.

Why had Museveni refused to appoint Justice Bart Katurebe
Museveni had arrogantly refused to appoint Justice Bart Katurebe for two reasons:-

1. He wanted to test parliament and the judiciary if they could allow the reappointment of Odoki so that he too could exploit that precedent in offering himself again for reelection beyond the constitutional presidential age limit. It is out of anger and frustration having lost that bid that recently that he appointed 90 years old Philemon Mateke as a cabinet Ministerial position. This coupled by his retention of aged and dormant cabinet ministers like Muganwa Kajura, Gen Moses Ali and others are meant to show case that age is not an issue. That aside, Museveni wanted to test if he could undermine constitutional institutions like the JSC scotch free for his personal designs. He thought he would bulldoze the JSC the same way he manipulates parliament and the security forces. He still needed Benjamin Odoki to him the needful during the anticipated tough times ahead.

2. Justice Bart Katurebe has led a successful legal profession first as a State Attorney and then into private legal practice in partnership with his now Deputy Chief Justice Steven Kavuma. In the late 80s and early 90s he had served Museveni in different Ministerial positions. He represented his home area in the Constituent Assembly in the mid 90s. In 1996 Museveni appointed him Minister of Justice and Constitutional Affairs and also doubled as the Attorney General until 2010 when he resigned into private practice. It is said that he like other leading non-Hima Ankole politicians opposed the extension of the presidential term limit. In 2005 Museveni appointed him Justice of the Supreme Court. Justice Katurebe is reputed for being one of the Justices who upheld the constitutional petition challenging the constitutionality of the military courts in trying civilians. His fall out with Museveni was further fueled by his strong catholic linkage - he is a brother to former Kasese Catholic Bishop Nkaijanabyo. This connection had to affect the military career of his nephew Col Octovious Butuuro who had risen to Deputy Director of Military Intelligence before he disappeared into oblivion. It is against this background that Museveni's intelligence estimates were not in favor of Justice Katurebe becoming the Chief Justice. It is for the same reason that Museveni has had to appoint Justice Steven Kavuma as the Deputy Chief Justice. Justice Kavuma will play a similar role Deputy Speaker Jacob Oulanya is playing in Parliament. Will the down trodden Kampala Mayor Erias Lukwago be defended by KAVUMA & kATUREBE CO. ADVOCATES!!!!!!

INFORMATION IS POWER.

 

Wednesday, 4 March 2015

CABINET RESHUFFLE FOCUSES ON PROPAGANDA AND THE YOUTH

The recent cabinet reshuffle by Museveni was a mere change of guards aimed at fostering his life presidency scheme. He has repeatedly stated that he has personal control of the security forces and the national treasury - the main pillars of his life presidency scheme. That is why he did not touch on the the Defence and Internal Affairs ministries but simply replaced the independent minded Minister of Finance Maria Kiwanuka with his sycophant Matia Kasaija in order to consolidate his grip on control of the budgeting process and borrowing.

In the same regard the Ministry of Security is kind of scrapped. This is a ministry whose functions and structures have never been clearly defined. Council (NSC) and the Joint Intelligence Committee (JIC). The National Security Council Act of 2000 CAP 301 empowers the President to delegate the Minister to chair the NSC. Since its enactment NSC in its original form rarely convenes but instead it is its technical committee, the Joint Intelligence Committee (JIC) that has been active to some extent. The last time this ministry was vibrant is when it was headed by Amama Mbabazi who basing on his security management background ably coordinated the activities of security organs by chairing the JIC. However according to Museveni, Mbabazi used this position to build his own network within security services. It is this ministry that during the reign of Amama Mbabazi initiated the draconian laws pertaining to public order management and the interception of private communication. The Act establishes District Security committees and Sub-county intelligence committees with a Secretariat in the President's Office. The Act further empowers the President to appoint a Secretary who is the level of the a Permanent Secretary to head the Secretariat.

When Museveni created the Office of Coordinator of Intelligence Services purposely as a means of containing Gen. Ssejusa, it looked as though it was a the intelligence agencies coordinating secretariat, but instead it s after Gen. Scraped when Ssejusa fell out with the system. With the proliferation of intelligence agencies more especially the introduction of new ones under Gen Kayihura and SFG coupled by mistrust engulfing the traditional intelligence agencies, the Ministry of Security, NSC and JIC becomes irrelevant. Given the situation on the ground, Museveni prefers each security agency to operate and report to him separately thus no need of a coordinating ministry. Therefore the appointment of Mary Karooro as Security Minister is some kind of rendering her redundant or to say the least the head of a non functional NSC Secretariat. On the other hand, Mary Karooro is in good books with the  'inner circle' and will make a good spokesperson of the regime on security issues and SFG which is now the lead security agency.

For the long serving Internal Security Organisation (ISO) operative Muruli Mukasa, his moving to the Ministry responsible for Labor and Youth affairs is timely morn especially at a time when the life presidency project is struggling to tame the growing dissent by the youth over high levels of unemployment. The opposition is also to win over the youth in its much anticipated mass action as the last resort. Therefore the issue of youths is a security issue that needs a security expert like Muruli Mukasa to handle. The appointment of the youthful Evelyn Anite to the youth docket is just a smoke screen for the wider security consideration under Muruli Mukasa. Therefore, Muruli Mukasa is the right person in the right place except that it may be too late.

The appointment of Gen Jim Muhweezi to the Information and National Guidance Ministry is timely. Here the information docket means that the Gen is becoming the Spokesperson or Chief Propagandist of the life presidency project. As information minister he will coordinate the flow of information pertaining to the regime. He will streamline the outflow of information from different core sectors like Defence, Internal Affairs, Foreign Affairs, Finance etc. He will work closely with the Spokespersons of the Ministries of Defence and Internal Affairs (Col Paddy Ankunda and his by design namesake Pamella Ankunda respectively) respectively and the Uganda Media Center. He will use his intelligence background to tame the remaining resemblance of independent press/media houses. Hw will prevail over and reinforce the Uganda Communication Commission to stifle media freedom and independent media houses. He will at all cost promote Uganda Broadcasting Corporation (UBC) as the top regime propaganda machinery. He will apply his intelligence background and through the Uganda Communication Commission (UCC) intensify private electronic communication monitoring. In other words, he is taking the security aspect to the Information Ministry as part and parcel of the wider Militarisation scheme.

As for national guidance, Gen Muhweezi is now becoming the regime's chief ideologist since the ladies and gentlemen who were recently placed at the helm of the NRM-O party are late comers thus mere figure heads. Gen Muhweezi is not only a historical but an insider and member of the Museveni family rule who will ideologically steer the life presidency project to success.

INFORMATION IS POWER

Monday, 2 March 2015

HOW MUEVENI MILKS UGANDANS TO FUND HIS LIFE PRESIDENCY SCHEME

No doubt Museveni is the State of Uganda and vice versa thus there is nothing like his purported NRM-O party or opposition parties but a Museveni life presidency project funded by all Ugandans. It is no longer a secret that Museveni's personal control of the security forces and the Treasury is the foundation of his life presidency scheme.

 Legally challenged
The Political Parties and Organisations Act requires political parties to periodically declare their assets and liabilities to the Electoral Commission (EC) and to declare their source of funds and other assets. Further, they are required to have their audited books of accounts verified by the EC. The said financial statements are supposed to be signed by the party Chairman, Secretary General and Treasurer. The same law stipulates that where a political party or organisation fails to comply with the above requirement 21 days after the notice from the EC to do so, the EC may apply to the High Court for an order to deregister that political party or organisation.
It is on the basis of that law that in 2014 a private citizen Francis Atugonza approached the Electoral Commission seeking to be given access to the audited accounts of Museveni's NRM-O party. The EC could not comply just because the NRM-O does not  have a budget, no books of accounts and does not submit audited books of accounts. Mr Atugonza had seek remedy from court whereby last week the Chief Magistrate's Court ordered the EC to avail him with information pertaining to records of contributions, donations, or pledges made funders or promoters of the NRM-O. The order further required the EC to avail statements of funds and the names of the persons that had contributed funds and properties belonging to NRM-O and annual audited accounts for the last three years.
It is a fact that Museveni's NRM-O has not furnished the EC with its audited accounts for quite a number of years. This is because Museveni simply uses public resources to fund his purported political party activities. In reality, NRM-O political party does not exist but its Museveni's life presidency scheme that is interwoven with the state of Uganda thus funded by the national treasury. The EC can not take action against the NRM-O because it is part and parcel of the structures of the life presidency scheme. Even the Chief Magistrates Court issued this order just because Museveni has not full attained the required degree of subduing the Judiciary thus the existence of some pockets of  'counter revolutionary' judicial officers.

Museveni is the major funder
Apart from the 264 NRM Members of Parliament (MPs) that are said to make monthly contributions of 100,00 shillings (about US40$), the NRM-O has never attempted to disclose its source of huge and excessive funding of its activities. The party has no budget and no business entity to generate income since its own Danze Enterprises was run down immediately it was initiated in the mid 90s. In November 2005 NRM's James Kakooza disclosed that each party member had contributed 100,000 shillings to rise 10b shillings of which 6b shillings had been budgeted for the Nov 2005 delegated conference. The then Defence Minister Amama Mbabazi who chaired the organising committee for the delegates conference told The Monitor that whoever was questioning the source of the money "should mind their business". However, in September 2011 the then party spokesperson Karooro Okurut said that Museveni contributes 40% of his monthly emoluments to party funding. She added that the LC 5 Chairmen, MPs, friends and other party members also contribute to the party funding. He singled out the 110,000 shillings monthly contribution from each of the 264 NRM MPs
that amounts to 29million shillings per month.

'Cash conduit' projects
It is a tradition for the Museveni regime to come up with poverty alleviation projects targeting mainly the youth and women but in actual sense such projects are a conduit for syphoning off public resources. A living example is during the 2006 and 2011general elections when the so called Presidential Initiative on Markets became a political fund for Museveni's election campaigns. Through Micro Finance Service Centre Ltd (MSC) - a government institution that manages micro credit funds, his brother Gen Saleh, then Finance Minister Syda Bbumna, Political Assistant Moses Byaruhanga and former Vice President Specioza Kazibwe used the funds for Museveni's election campaigns. Although meant to be revolving fund to help market vendors and small scale business people access credit, the fund was turned into non refundable political handouts. Maria Kiwanuka who replaced Syda Bumba as Finance Minister attempted to probe into this particular financial scam by suspending among others Dr Wandira Kazibwe who had been the Board Chairperson. No wonder, the same Maria Kiwanuka has just been 'awarded' by being dropped for being independent minded. Therefore, all those projects designed to alleviate poverty are nothing but a conduit for siphoning off public resources for Museveni's party activities.

Supplementary budgets
The Museveni regime has been abusing the supplementary window by asking for huge sums of in supplementary budgets to that exceed what is allowed by law. The major beneficiaries of these supplementary budgets has been the Ministry of Defence, Police and State House whose classified budget votes are not subjected to audit under the pretext of national security. The case in point is the current efforts by the army to seek a parliamentary approval of 486billion shillings ostensibly for the purchase of classified military equipments. In mid 2014 the Ministry of Defence negotiated with a bank in Russia through RosoboroneMuseveni who is the state.

Foreign military adventures
This has been another avenue of rising funds for Museveni's life presidency scheme. From the military invasion of the Congo in the late 90s where creation of ghost soldiers was one of the means of swindling public money to the military adventures in CAR, Sudan and Somalia where diversion of resources and the inflated defence expenditure, the regime finds a smokescreen for accessing public resources for its political activities. In early 2014 the army sought and got parliamentary approval of billions of taxi payer's money ostensibly for the South Sudan military expedition. At the same time the government of South Sudan was claiming to be funding some components of the Uganda army's operational costs. For the Somalia peace mission, under both the UN and the AU peace keeping agreements, troop contributing countries are reimbursed if they deploy with their own equipment - both lethal and non lethal. This is under a provision in the agreement called Reimbursement of Contingent Own Equipment (RCOE). The regime has never disclosed how much they have been reimbursed on top of loss of equipments more especially the recent helicopter crashes in Kenya en-route to Somalia. The regime has even been forcefully deducting soldier's allowances in order to finance the life presidency scheme.

National Treasury
Museveni has unlimited access to the national treasury. The Uganda Revenue authority is under his personal control and direction. He issues out loans from the national treasury to individual party cohorts like Hassan Bassajabalaba - the chairman of the regime's Entrepreneur's League who was a 21 billion shilling soft loan from bank of Uganda. Explaining why the country had suffered unprecedented inflation after the 2011 general elections, the Governor of the Central Bank confirmed that he had been misled by the government into indirectly financing electioneering activities in 2011 an action which plunged the country's economy into chaos. He stated thus: "I can assure you that the central bank did not directly print money but where government expenditure is directed towards areas that are not completely transparent, I can not determine how much of the money I have created ended in political electioneering." He vowed never to bow to any pressure again but of course its because he belongs to the Mbabazi Camp. The Governor's brother Brigadier Sabiiti Mutebile is the army's Chief of Construction whose unit is implicated in the Standard Gauge railway saga. The Minister of Works Engineer Byandala had earmarked China Civil and Engineering Construction corporation (CCECC) who had quoted US $ 1.250 billion.  Museveni used Eng Byndala's deputy then Engineer Byabagambi to bring in China Harbour and Engineering corporation (CHEC) who had quoted US$ 1.7billion simply because it was to work with the army and even build a polytechnic school for the partnership in building a pioneering army's engineering brigade. No wonder, Engineer Byandala has been replaced by Engineer Byabagambi as the full Minister of Health. When the army's so called Engineering Brigade is put in place that is when Museveni will have a free day in swindling from national coffers the real madness will come to light. Major infrastructure development projects will be undertaken by the army and the quality will be disaster. Already, the army is in NAADs mismanaging billions of tax payer's money meant for agriculture improvement. NAADs will evolve into the army's production wing and together with the Engineering Brigade which is in the offing, they will be the core handlers of the national service activities. Once all public service positions will be filled by cadres of the life presidency project through National Service, the swindling of public resources will be institutionalised. Museveni is currently itching to get rid of the incorruptible Auditor General John Muwanga and together with the Governor of the Central Bank, the cleanup will be complete.

Institutionalised corruption
Museveni and his regime have no political will to fight corruption because it is through corruption that party faithfuls secure resources for their personal wealth that make them loyal to the life president project but at the same time they contribute part of it to the part funding. Most of the NRM party leaders hold big public offices which they use to national budgetary allocations to their respective offices to subsidise party work. Corruption is also used to lure fence sitters into the life presidency scheme. Museveni moves some of his most trusted cohorts in response to where he intends to direct most public resources so tha they can channel it to the life presidency scheme funding.

Investors
The corrupt regime has been getting kick backs and direct financial contributions from the so called foreign investors more especially those of Asians origin. They have in some instances acted as fronts for some of the privileged few in winning huge business concessions. They enjoy tax holidays and free public land to the disadvantage of the locals.

The list of public avenues from which Museveni derives funding for his life presidency scheme is endless.

INFORMATION IS POWER

Investors