Nkandla: DA to proceed with arguments before the ConCourt (03.02.2016)

DA 03.02.2016

These are the remarks delivered at a press conference held in Parliament. The Leader was joined by the Chairperson of the DA’s Federal Executive, James Selfe MP, and DA shadow Minister of Justice, Adv Glynnis Breytenbach MP.

The DA, after taking legal advice, has decided to proceed with presenting our Heads of Argument before the Constitutional Court scheduled for Tuesday, 09 February 2016. In so doing we will be seeking the relief outlined in our Notice Of Motion.

The DA notes the settlement offer made by President Zuma but contends that the contents of his settlement offer do not comply with the remedial actions as ordered by the Public Protector in her report entitled Secure in Comfort. In fact, we contend that the President designating the Auditor-General (A-G) to come to a determination as to how much he is liable is the latest attempt to establish a parallel process, for a fifth time.

Specifically, the DA will argue that President Zuma’s failure to engage rationally with the Public Protector’s findings and remedial action pertaining to him was manifestly irrational, illegal and unconstitutional. We furthermore contend that the President’s decision to substitute the remedial action ordered by the Public Protector with a determination by the Police Minister, SIU or Parliament  on whether he was liable for any of the costs was illegal and unconstitutional.

Legal precedent at present, as established by the Supreme Court of Appeal (SCA), is very clear that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector.”

Furthermore, should an affected body or individual seek to challenge the findings and remedial actions of the Public Protector they should do so by way of a review application in a court of law. The President to date has not done so; he has instead frustrated the work of the Public Protector by way of erecting parallel processes, which have no legal basis.

Legal certainty about the powers of the Public Protector, and the force and effect of remedial action taken by the Public Protector, are vital to the successful functioning of our constitutional democracy. That is why the Democratic Alliance (DA) took the SABC and the Minister of Communications to court when they disregarded the remedial action ordered by the Public Protector to suspend Mr Hlaudi Motsoeneng, and to institute disciplinary proceedings against him.

It is clear that the President Zuma has deployed a contingent of Ministers and ANC Members of Parliament to defend the indefensible act of constructing a palace at the expense of the people of the Republic. Those doing the President’s bidding have even gone as far as ignoring Court judgements in order drive a political agenda, despite swearing in their oath of office to uphold the Rule of Law and the Constitution of the Republic. Now before the highest Court in the land, we are confident that the Constitutional Court will bring the Nkandla matter to its logical conclusion by determining that President Zuma do what the Secure in Comfort report by the Public Protector ordered; which is that he pay back a reasonable percentage of the costs of the non-security upgrades to his private residence.

For too long President Zuma and the ANC have abdicated their responsibility to uphold the Rule of the Law and the Constitution, but have done everything to undermine to the work of the Public Protector and the Constitution.

The Constitutional Court will, on Tuesday, consider this matter in order to provide legal certainty about the Public Protector’s powers. The law has been developed in some degree in the Schippers judgment, confirmed by the SCA and that the Constitutional Court will rule definitively on the matter.

Nkandla 3

Tunoi Probe report: Judge appears before the commitee

“A special committee of the judicial service commission investigating bribery allegations against Supreme Court judge Philip Tunoi says it will present its findings this Friday. This after the expiry of the period within which it was supposed to complete hearings from justice Tunoi, Nairobi governor Evans Kidero and others implicated in the allegations. The committee which was appointed last week had been given seven days to complete the task” (KTN News, 2016)

NRM – Picture of day: “Money, Cash, and More Cash Money!”

03.02.2016 NRM Uganda

I am sure Nyombi Thembo is somewhere involved in this, as he is famous for giving away millions to LCVs during all of 2015. When the NRM gave money to the local government members of the party, millions after millions. This here pictures surfaces as the report in recent days of the grassroots funding of each village in the country, as they are expected to get 250k by the NRM-O. This here must be real and not photoshopped as the amount of Kampala program and village program comes up in the billions. This here is small-fry. I just wonder which district is this and who are the lucky lottery winners in the NRM donation program? As these people got giant donations from the NRM organization. The picture says enough of in it’s own. Mzee must be so proud! Peace.

Office of the Prime Minster letter to Red Pepper – “Re: Uganda is not Broke because of Pope Francis” (28.01.2016)

OPM 28.01.2016

Allan Kitonasa Saava is released on bond after being detained on 29th January

Allan Kitonsa Saava - Release on Bond 03.02.2016

This was why he was detained on the 29th January 2016:

He is being held at the Kabuli Police Post. The story from well-founded sources is that: “Kitonsa was duped by an OB, who now works as a state agent, for a meeting. He then handed him over. He was 1st taken to Kabalagala police post, and now at Kibuli police post”. Picture below is from Friday at one of the Police Stations:

Allan Kitonsa Saava Detained

So the charge is ceased again, or they are waiting to manipulate it again as the Police is trying to find a new angle to jail the innocent man yet again.

Here is Allan Kitonsa own statement of what happen on the day he was detained:

“Friday morning Mugerwa calls to meet me, I jump on a bodaboda and rush to the meeting address, so when I reach I found four men from the SFC , special forces command, they told me i was under arrest,so they took me to Kabalagala Police Station behind there is a residential, so right way intoragation started, they asked what was my relationship with General David Sejusa ,how much does he pay me, why are planning to destabilize the country, what do I know about P10? who is JUDE NKOYOYO, whats is my relationship with jude? why did we leave NRM? etc. so I as I respond Mugerwa comes , he says Allan do you know Francis? coz Francis told me you posted a story about Crime Preventers, and that I was responsible, so he told me he was very disapointed , so as I listen to his concerns, the deputy oc CID came in , he said Allan you have three files here, a MAN CALLED FRANCIS, reported you , you called him A TUTSI yet He is A munyankore, so i choose to keep quite , 10 people were asking me questions at the same time meanwhile a car was parked outside, so Mugerwa told the SFC guys to take me. We left for Kibuli, on reaching there, at the communication centre it was tough the Tutsis were very bitter, and they issued orders that i should be taken straight to the court, however mr MUSANA summoned the commissioner, when the he came, he said he was not aware of my file, and that he was not ready to involve him self in things he has no clue about, first on the their statement its reads I was arrested on Wednesday , which was a total false, so Mbonimpa choose to take me to Kireka to detain me

Kidero: “I Didn’t Bribe Tunoi” (Youtube-Clip)

“Kidero, I Didn’t Bribe Tunoi” (Kenya Citizen TV, 2016)

Erias Lukwago’s Statement after Gen. Sejusa was escorted to Luzira Prison today

Lukwago-Eria

Today, I was convinced by comrades in the struggle to rescind a decision I had taken ten years ago never to bow before the General Court Martial as an advocate following the horrible treatment I was subjected to by the then chairman of the General court martial, Gen. Elly Tumwine during the perfunctory trial of Dr. Besigye in 2005. On the cool morning of that fateful day, I entered the General Court Martial premises in Makindye duly robbed as one of Besigye’s counsel but emerged out in the afternoon as a convict. It all happened when, in the course of the proceedings, I rose up to make submissions but was bundled into the dock where Besigye was standing, summarily tried on tramped up charges of contempt of court, convicted and sentenced to a fine of Ug. Shs. 1000= or imprisonment for a period of 2 weeks.

David Sejusa TV

Today’s proceedings in respect to the trial of Gen. Ssejusa were reminiscent of the said experience, save that the current chairman of the General court martial, Major Gen. Levy Karuhanga was relatively civil as he did not overtly persecute the defence legal team. But for all intents and purposes the whole process was nothing short of a mockery of justice. Little wonnder that not even a single ruling was made on any of the oral applications made. In short, we just escorted General Ssejusa to Luzira remand prison.

Museveni Idi Amin

It’s even a misnomer to call that kangaroo tribunal a court. I regretted why I cancelled my journey to Mbarara for our defiance campaign. What, however, brought a little smile on my face was the powerful message General Ssejusa sent out to President Museveni as he reminded him that the dungeon in which he was detained for the last two days is directly opposite the infamous Cell of no return where Iddi Amin confined him incommunicado in 1976 but his spirit to fight for good governance was never dampened. I hope The likes of Gen Kaihura, Tumukunde and their ilk will learn one or two things from this message. FOR GOD AND MY COUNTRY.

My take on the CEON-U January 2016 Report: “There is a need for the state to provide equal facilitation to all parties, to empower them conduct their campaigns on a level ground”.

Topowa Vote

Here is what I found that was important to take from the Citizens Election Observations Network of Uganda (CEON-U) report of pre-election report of January 2016. This here is the second report from Civil Society Organization on the time before the General Election starting 18th February 2016. Most of this I have described piece by piece. I will not take all of the graphics, you should read it yourself as well, but if you don’t have the time. Here is what I see as the important information from the report as the CEON-U has stated. Though it coming in the end of the campaign trail, so the changes they want is most likely not arriving before next election. Right, therefore here is the finding they have found. First: “There is a need for the state to provide equal facilitation to all parties, to empower them conduct their campaigns on a level ground” (P: 4, 2016).

About Dialogue – Inter-Party Liason Committees:
“Majority of LTOs reported that they had not seen or heard of any inter-party liaison committees in their constituencies. At least 89% of LTOs reported that they had no inter-party liaison committees in their constituencies, and at most 97% during this period” (P: 5, 2016).

Uganda-Electoral-Commission

Voter Information:
“With a few days left to the polls, 23% of constituencies that are observed by CEON-U had not reported any voter information by the Electoral Commission by 18th January 2016. This has been observed across regions where observation is taking place. Up to this day, the majority of voters are not clear about the voter identification process. The issue of National Identity cards vs the voter’s card is yet to be resolved” (P: 8, 2016).

Campaigns:
Defacing Campaign posters:
“For FDC, defaced presidential posters were more prevalent compared to parliamentary posters. The percentage of observers reporting defaced FDC posters ranged from 9% to 21% during this period. For Go Forward the percentage of observers reporting defaced posters ranged from 6% to 26% during this period” (P: 11, 2016). “NRM defaced posters was highest in Bukedi, followed by Buganda, Bunyoro and Kigezi” (P: 12, 2016). While FDC defaced posters were mostly observed in Bukedi, Teso and West Nile” (…)”And Go Forward defaced posters was highest in Kigezi, Teso and West Nile” (P: 13, 2016).

Conducting Campaigns after 6PM:
“Contrary to EC regulations, CEON-U observer reports indicate that presidential candidates from FDC, Go Forward and NRM have in some cases conducted campaigns after 6pm” (P: 13, 2016).

Campaigning after 6PM Uganda Nov-Jan

Election Violence and Hate-Speech:
“In week 6, which covered the period 16th to 22nd November 2015, in Nyabushozi County a counselor of Kanyaryeru division in Kiruhura district, on 26th November 2015, used hate speech against presidential candidate Amama Mbabazi when he alleged that he killed Nobel Mayombo and so people should not elect him to presidency because he is a murderer. And because Amama is a murderer he cannot be trusted to be president of Uganda. Still in week 6, while on a rally at Butaleja, Busolwe sub-county in Bunyole west constituency, on 19th November 2015, the voters called Besigye a liar who had no ability to deliver on the promises he was making. They said he was no better than Museveni because he is also corrupt” (P: 14, 2016).

This here puts the things in motion and also how the systematic actions have been during the days of the campaigns. Though compared to the economic campaign report, this here was very simplistic and easy read through; therefore I could compile the information quickly. This here is just a basic information for those who haven’t had an eagle eye on the elections, like the European Union Election Observations Monitoring team and COMESA who arrived in darkness and should see some of the numbers; so they know what they come into. As the sweet-talking IGP Kale Kayihura can really talk the white man into peace and blow smoke up his ass. We all know what the police does towards the Opposition, as seen in recent days.

And with the little voter information at this stage is worrying as we are in final stages of the race and campaign trail. There is something rare about it. CEON-U has done something important explaining the issue of missing voter information. That is something the Electoral Commission should work on of facilitate with the NGO who is behind the #Topowa campaign as they can explain the voters and information with passion, something Dr. Badru Kiggundu in the EC does not have. It is even hard to see him really smile to camera, think it was ages since he enjoyed his work and job. Therefore he should hire Citizens Coalition for Electoral Democracy in Uganda (CCEDU) with their #Topowa to get the message out. Though I don’t think Badru Kiggundu has the balls, stamina or independent mind to evolve and trust in CCEDU, as they are not loyal NRM cronies as themselves. Therefore this will not happen, but if they could travel around in the villages and major towns with their CSO/NGO machinery then they would have dropped the bomb of information on how to “honor your vote” which is basic and should be in the veins of the citizens. Something the NRM doesn’t seem to want to deliver to the public. Because they fear that won’t vote for them, and that is why they don’t educate them to vote, as that will contridict their usual message of fear, as they themselves fear their own citizens and their will. 

Peace.

Reference:
Citizens Election Observers Network Uganda (CEON-U) – ‘Pre-election Observation Report’ (January 2016)

Free Uganda’s view on the Kangaroo Court Proceedings.

David Sejusa TV

No Ugandan can expect any justice from Museveni’s kangaroo court. Only Ugandan People will deliver justice not just for Sejusa, but for all the citizens of the Motherland.

[FREE UGANDA TEAM – 02/02/2016]

General Sejusa is fully aware that it will be the people of Uganda who will free him from bondage. Only the People will be the judges on the fate of General David Sejusa are the people of Uganda. And sure enough the People’s judgement is on its way.

By all indications, Museveni is already the looser in the people’s court. People will free Sejusa and free themselves from Museveni’s perpetual repression and despotism. The moment of judgement is not far away.

God bless the People’s Freedom Struggle.

Run-up to the Mbarara Rally of the FDC today; Muntu Rally blocked by the Calvary yesterday; the Calvary set up roadblocks in Mbarara today as a preparation for the entrance of the People’s President

Road Block From UDPF 02.02.2016 Close to Mbarara

This here will not be about the rally that will happen in Mbarara and the speeches. This here is about the ride into the Mbarara Rally of the FDC. As a legitimate attention to how the Police is interfering the democratic and freedoms of a political party during pre-election times. As we see and as I discussed yesterday about the fear Ofwono Opondo spread, shows that it is the Police that creates issues, not the citizens celebrating and greeting Dr. Kizza Besigye, it is the Police that shuts down Kisoro rally for Muntu and putting up roadblocks for today’s Mbarara Rallies!

Kisoro FDC 01.02.2016 Muntu Rally Police

Mugisha Muntu’s rallies in Kisoro yesterday:
Whereas Besigye was in Rukungiri, Rt. Maj Gen Mugisha Muntu was in Kisoro covering areas that were not covered by Beesigye in Novemeber when he visited. Police attempted to block the FDC party president but people were equally so many to quickly be frightened. It ended with that the Police denied FDC s Mugisha Muntu to hold a campaign rally at Mayor’s Gardens in Kisoro municipality.

Reason why the DPC blocked the venue for Muntu:
FDC Party president was accompanying innocent one contesting for councillorship on FDC ticket in central division of Kisoro municipality. his was after the candidate had paid for the venue but was later locked out of it because they suspected Mugisha Muntu to be canvasing votes for Dr. Kizza Besigye. All efforts by Gen. Mugisha Muntu struggling with the district DPC to access the venue were futile because DPC saw the truth but later feared to lose his job. Meanwhile each Ugandan village is to receive 250,000/= to bribe people for NRM votes.

Mbarara Police 02.02.2016 FDC Campaign Convoy

Police Warning ahead of the Mbarara Rally today:
“With 15 days to the General Election, FDC’s presidential candidate Dr. Kizza Besigye has now traversed 102 districts and has 10 more to go. As Besigye campaigns in Mbarara today, Police in Mbarara has emphasized that they will not tolerate any kid of hooliganism. Mbarara district police commander Jaffar Magyezi said those caught in acts of hooliganism will be dealt with accordingly” (91.2 Crooze FM, 02.02.2016).

FDC Police in Mbarara 02.02.0216 P2

This here was the people before the FDC rally in Mbarara. Take a look how the have made the city blue before Dr. Kizza Beisgye and the FDC Campaign Convoy starting.

FDC Police in Mbarara 02.02.0216 P3

As the Campaign Convoy was travelling:  
Mbarara police is proving to be the most notorious in western Uganda. The two pick up police following Dr.Kizza Besigye’s convoy are interfering with the convoy. Wrecklesdly driving, blocking some cars in the convoy from following Dr. Kizza Besigye… Despite efforts by KB’s security to explain why police is not allowed to move in the middle of Kizza Besigye’s convoy, police led by one Magezi remained defiant. But the Mbarara boys later showed police what they are; on the way to Kabindi on Mbarara Ibanda road, the boys stopped police and confronted police with sticks which forced police to leave the convoy.

Before Mbarara Rally FDC 02.02.2016

At the Boma Grounds an hours before the rally happening are covered with Mbarara Prison Guards guarding the place and the venue. The public have warned them for interrupting the rally desists from creating chaos. DPC of Mbarara Jaffar Magezi must have been busy ordering his men around today and yesterday.

On the road into the Mbarara town, there are a 15 kilometer long traffic jam; called the Blue FDC Campaign Convoy with Anti-Riot Police in between the FDC supporters, Dr. Kizza Besigye and all the boda-boda drivers. As the Convoy into town is coming, the Police had put into place roadblocks for them. These had to move as the public together with FDC was coming into town.

This is enough and shows the magnitude of Dr. Kizza Besigye’s momentum right now. Peace.

FDC Campaign Convoy 02.02.2016 Into Mbarara

How Boma grounds in Mbarara look like before Dr. kizza Besigye arrives:

At Boma Ground Mbarara 02.02.2016

#WesigeBesigye!