Category: Economy
Press Release: Kenya must review Double Tax Agreement with Mauritius (02.11.2015)
(Nairobi, November 2, 2015) – Kenya is teetering on the brink of financial meltdown with the implosion of at least two private commercial banks in the last few months and signing of loophole-ridden double taxation agreements with tax havens Mauritius, United Arab Emirates and Qatar.
Tax havens are countries or states that position themselves as low tax jurisdictions allowing companies and rich individuals to hide their wealth without paying appropriate taxes where they actually make their profits or wealth. Tax Justice Network-Africa (TJN-A) in October 2014 sued the Government of Kenya (specifically the Cabinet Secretary to the Treasury, Kenya Revenue Authority and the Attorney-General) challenging the constitutionality of the Kenya/Mauritius Double Taxation Avoidance Agreement signed in Port Louis, Mauritius on May 11, 2012 and as contained in Legal Notice 59 published in the Kenya Gazette of May 23, 2014.
The Agreement significantly undermines Kenya’s ability to raise domestic revenue to underpin the country’s development by opening up loopholes for multinational companies operating in the country and super- rich individuals to shift profits abroad through Mauritius to avoid paying appropriate taxes. For example, provisions under Article 11 of the Agreement relating to interest limit Kenya’s withholding tax to 10 per cent whereas the Kenyan domestic rate currently stands at 15 per cent. This will significantly affect the tax base of the Kenya Revenue Authority (KRA). The Agreement also sharply contravenes Articles 10 and 201 of the Constitution and is inconsistent with the principles of good governance, sustainability and accountability. The Agreement is open to abuse and this could endanger the growth and development of Kenya.
Three main reliefs sought by TJN-A are: that the High Court declares the government’s failure or neglect to subject the Kenya-Mauritius Double Taxation Avoidance Agreement to ratification in line with the Treaty Making and Ratification Act 2012 as a contravention of Articles 10 (a), (c) and (d) and 201 of the Constitution of Kenya.
That the Court directs the Cabinet Secretary for Treasury to immediately withdraw Legal Notice 59 of 2014 and commence the process of ratification in conformity with the provisions of the Treaty Making and Ratification Act 2012. And award cost of the petition with interest against the Government of Kenya. The case came up for mention at the Nairobi High Court today, November 2, 2015. The court will fix a date for hearing the case on November 9, 2015. Speaking at a press briefing earlier today, the Executive Director of TJN-A, Alvin Mosioma said “there is need for public participation in the process of ratification of double tax agreements…double tax agreements kill the competitive edge of local firms”. 2 Senator Hassan Omar of Mombasa County who also addressed the press said Kenya’s “Parliament needs to appreciate its responsibility in safeguarding the public’s interests,” adding that “the reason people steal is because there is complicity and people are aware of it”. Provisions under Article 12 of the Agreement which relates to royalties also restrict at- source withholding tax to half (10 per cent) of Kenya domestic rate of 20 per cent. This will significantly weaken Kenya’s ability to raise revenue to finance its development. Additionally provisions under Article 20 of the Agreement reserves all taxation of “other income” not dealt with in specific Articles to the residence state.
This effectively reduces withholding tax to zero per cent on services, management fees, insurance commissions among others, whereas Kenyan domestic withholding tax rate currently stands at 20 per cent. This is a major gap that will lead to massive revenue leakages. The Agreement is neither United Nations nor OECD compliant and it also fails to address the issue of disposal of shares in companies. The Agreement effectively reserves under Article 13.4 all taxation of capital gains from selling shares in companies to Mauritius where the effective Capital Gains Tax is zero per cent. Under the Agreement foreign investors in Kenya can acquire Kenyan companies through Mauritius holding companies and Kenya cannot tax any of the gains when they sell these businesses again. This is open to abuse. Similarly, domestic Kenyan investors can dodge Kenyan taxes by round-tripping their investments illicitly through Mauritian shell companies. Kenyan companies can also easily avoid Kenyan taxes in dividends paid to foreign investors through devices like share buy-backs therefore deny the government of development funds.
The provision is very similar to the Capital Gains Tax Article in the India-Mauritius treaty which has proved very controversial costing India an estimated US$600 million a year in revenues as a result of tax avoidance and illicit round-tripping by Indian business executives driving the Government of India to initiate steps to renegotiate its agreement with Mauritius. Under the definition of ‘bilateral treaty’ in Section 2 of the Treaty Making and Ratification Act an ‘agreement’ such as the one between Kenya and Mauritius and which is the subject matter of this legal case, is a treaty subject to the Act and therefore requires that the Cabinet Secretary to the Treasury in consultation with the Attorney General, submit to the Cabinet the treaty, together with a memorandum outlining, inter alia – 1. Policy and legislative considerations, 2. Financial implications 3. Implications on matters relating to counties, 4. The views of the public on the ratification of the treaty.
Mauritius presently has tax treaties with 13 African countries namely Botswana, Lesotho, Madagascar, Mozambique, Namibia, Rwanda, Senegal, Seychelles, Swaziland, South Africa, Tunisia, Uganda and Zimbabwe. Apart from Kenya, Mauritius also has signed Double Taxation Agreements with Congo, Zambia and Nigeria. Currently Mauritius is negotiating DTAs with Algeria, Burkina Faso, Egypt, Gabon, Ghana, Malawi and Tanzania. Unlike Mauritius’ DTA with Uganda and Nigeria, for example, which have specific provisions for withholding tax for management/technical services fees, Kenya failed to negotiate any such provisions.
In a related development, the Government of Kenya has signed an equally harmful Double Tax Agreement with United Arab Emirates and Qatar – both of which are tax havens – in which Kenya further deems its right to tax as unnecessary in a bid to attract investment from these two countries. These agreements will deepen Kenya’s current cash crunch by allowing the further erosion of the country’s tax base. – END.
ABOUT TJN-A: Tax Justice Network-Africa (TJN-A) is a Pan-African initiative and a member of the Global Alliance for Tax Justice. It is a network of 29 members in 16 African countries. TJN-A collaborates closely with these member organisations in tax justice 3 advocacy at the national and regional levels. TJN-A seeks to promote socially just and progressive taxation systems in Africa, advocating for pro-poor tax policies and the strengthening of tax systems to promote domestic resource mobilisation. TJN-A aims to challenge harmful tax policies and practices that favour the wealthy and aggravate and perpetuate inequality. For further enquiries, please email Kwesi Obeng at kobeng@taxjusticeafrica.net (+254 726 804 400) and/or Michelle Mbuthia at mmbuthia@taxjusticeafrica.net (+254 724 994 796).
Dismantling the Ten-Point Program 2015 Edition – Uganda
This is my 2.0. It’s a 2015 Edition. I wrote a piece that I use a long time on and the books I had read to fit into prove how the Government of Uganda and the NRM-Regime had failed their marquee program. Their famous Ten-Point Program. I wrote a piece that I posted in 2014 with what we can call little older and scattered information. This here right now will be based on what has happen in 2015 and the situation right now economical and development that has happen in the recent year. The other one had far-far and old date material and reports. This here is fresh (for now) in two years’ time this here will also be old, but since this election season, I had to make regenerating this. Point by Point look that the situation and shortly discuss them. I know for the die-hard NRM and Musevenist. This is just pure hog-wash even if you can see the painting on the wall; you will still deflect the issues that are there. NRM-Regime has had the opportunity to make these changes and give Uganda and its citizens what it ought to have. What the opposition and civil society asks for and question the leadership; and regime about. Instead there are other reactions to this. But instead of me just writing small-talk let you read the findings.
Point 1: Restoration of Democracy:
The sole candidacy of YKM in the NRM proves that there are not democratic institutions YET; and the NRM Primaries have made Uganda famous for Pre-Ticket Ballot-Papers and stuffed ballot-boxes. Also with the sole candidates of Evelyn Anite and Sam Kutesa didn’t have competitors in their respectable voting districts these NRM primaries. So if you want to restore Democracy and you still lives by the possibilities of having election which is rigged and have single candidates, then it’s not really an election, but a sad exercise of necessity and not to get the once who supposed to represent the members of the NRM-Party. When the ruling party can’t act democratic and have free and fair elections, how can they make that happen in 2016? They still haven’t achieved this point. Proving this point that they haven’t achieved it is with the constantly detaining of opposition leaders and keeping them in house arrest, or even preventative arrests. Also using the POMA law to disorganize the Opposition parties and their campaigning while the UPF is steady on to destroy their work in the districts and fields. Throwing activists in jail without trial and letting them pay heavy bonds. This is not a look or proves that the system is still based on the NRM-Regime and their elite, even inner-party members has been jailed for supporting Amama Mbabazi instead of supporting Yoweri Museveni.
This point is not yet valid.
Point 2: Restoration of Security of all Persons in Uganda and their property
Reports today because a man supports wrong part of the NRM:
“Davis Akampurira lost his premolar tooth last night when he was beaten intensely after being kidnapped by “state operatives”. The reason given was that the buffoons had gathered intelligence of him being funded by Amama Mbabazi to fight the state and son of Minister Bright Rwamirama….Mwinempaka. We who sent Davis has told him to come independent” (Reported by Meta Moses, 02.11.2015).
The Fautima Zaina incident shows that the security of the people is not withhold in the country when the police manhandle her like they did. Also the Way the police carries themselves with tear-gas and shootings during the Western rallies of the FDC in October. And this has been thread that has kept going the entire calendar of 2015 and sure will happen until the election in February of 2016. So the security personnel and police is not securing peace for the people, but making fuzz and generating violence because the Opposition parties try to do their program in the country.
We have the all of sudden Police detaining Norman Thumuhimbise of the Jobless Brotherhood when he was taken by the police in the night in Kampala by the Flying Squad, without any court order or official paperwork just suddenly taken in August and after a few days he returned after family requests for his release.
Another example is also Vincent Kaggwa was taken by the Police in July this year and was released a few days later from an undisclosed location. He is one of the supporters of the Amama Mbabazi ticket at the time he was wearing a T-shirt with his name and face. Apparently the NRM Youth Leader had done enough to be detained and taken away with no court order for no reason at the time and released a few days later.
When it comes to the property it has been issues with that this year. The government has not withheld the level of trust between land and persons. One of this is the Palm Oil Plantation on the Island of Kalangala Land used for that purpose and to for the local farmers. The others main issues is the Amuru land grab in Apaa Village where the land is taken for hunting grounds and sold without the local agreement from central government. Also the Sugar Factory built by Kakira Sugar Works which is owned by the Madhvani Group who got allocation of 40, 000 hectares of land in the Western part of Amuru District.
This proves that in 2015 the security of all Ugandans is not yet there, especially if you’re not a part of the NRM-Regime or the NRM elite. Then you are free for all for the UPF and other organizations to take advantage of. Even NRM’s own can be taken and become felons because of their allegiance to somebody else than Museveni.
The land grabs proves that the property isn’t withhold to the people of the area, the bigness of the Kalangala and Amuru is massive, also with the government sale of land without consultation or consideration of the public and citizens, but seems that the only thing matters is the cash coming from corporations and investors from afar.
Another point that is also not valid.
Point 3: Consolidation of national unity and elimination of all sectarianism
Some historical background from the 1960:
“Britain’s goal in Uganda has been to establish a fully democratic parliamentary system which would fit the country for internal self-government in a short time. British Colonial Secretary Ian Macleod opened a new Legislative Council on Sept. 18, but the “parliament” was boycotted by Mutesa II, 34-year-old, Cambridge-educated Kabaka (king) of Buganda. Buganda has its own Lukiko (legislative council), which voted on Sept. 24 in favor of secession from Uganda. However, the Kabaka’s court has not yet approved the vote. Because the Kabaka’s government is by far the strongest political force in Uganda, it is in position to block development of a strong central government” (…)”A statement by Buganda authorities last Feb. 12 asserted that they had “always advocated a federal form of government for Uganda.” They distrusted the trend toward a “unitary form of government” which might endanger Buganda’s “traditional institutions.” The Kabaka, who is a god-king to 1.7 million of Uganda’s 5.8 million people, has been fighting a delaying action against changes which threaten to undermine his ancient feudal powers, Milton Obote, leader of the Uganda People’s Congress, most powerful of Uganda nationalist movements, has labeled the Kabaka’s court “reactionary.” (…)”Britain’s insistence that Uganda have a strong unitary government has given the Ankolo, Bunyoro and Toro tribes, as well as the Kabaka, an issue on which they are united—tribalism. Strong tribal allegiance and the resulting preference for federalism are not confined to Buganda. Tribal chiefs fear that the nationalist parties, such as Obote’s, will undermine their chiefdoms. But the smaller tribes are suspicious of the Kabaka and refuse to accept his leadership in any form” (Blumenfeld, 1960).
“The office of the Supreme Mufti has disassociated itself from what it has described as unprincipled call for unity by the leaders at Old Kampala. This is after the leadership of the Uganda Muslim Supreme Council organized a national unity prayer session slated for Friday at the Old Kampala mosque. However, the spokesperson of the Kibuli sect Sheikh Hassan Kirya has told journalists at a news conference held at Kibuli mosque that the spiritual status and integrity of the people behind this move is suspect especially with regard to their conduct towards fellow Muslims. Sheikh Kirya is instead asking that the council addresses the root cause of disunity” (Ageno, 2015).
Museveni said this to the Muslim community this year:
“Currently, Uganda’s life expectancy is 58 but the Sheikh has died at 83. Even at that age, he was still very strong, especially mentally. His death is a big blow to the Muslim community and his efforts to unite the Muslim community in Uganda” (…)”We have arrested many people who have been killing Muslim sheikhs and those who are still on the run shall be arrested” (…)”What divided us (Muslims) was lack of transparency in the custodianship of our property. But all we need is unity among Muslims” (Kafeero & Bwire, 2015).
Museveni said this year:
“Am glad that NRM is able to maintain peace supported by you people. The population of Uganda has gone up. I urge you to support and maintain this peace” (Statehouse, 2015).
““We used these venues to enlighten the people. Uganda had had the challenge of not knowing what to do within the political leadership,” adding that those ideological meetings took place in Bulambe and Kangave in Luwero district and at Bukatira in Nakaseke district.
Mr. Museveni who was accompanied by his wife, Mrs. Janet Museveni, noted that during the 1950s and 1960s, people were misled along sectarian considerations based mainly on religion and tribes. He was, however, pleased to remind the gathering that the country has now managed to foster stronger national unity because of the viable Government of the country. He used the occasion to introduce the Chairmen of the various organs that were in leadership during the struggle in the Luweero area. He also paid special tribute to Rev. Fr. Ssesanga who took the President’s mother from the area to Nairobi and ensured her security during the liberation war. Mr. Museveni paid tribute to his wife, Mrs. Janet Museveni, for looking after their children when he was actively engaged in the struggle. In the same vein, he thanked Mrs. Gertrude Njuba and Mrs. Olive Zizinga who took care of his meals at the critical time during the struggle” (Mediacentre, 2015).
And his NRM Party:
“Promotion of national unity and guarding against the resurgence of all forms of sectarianism. Implementing programs geared towards the socio-economic transformation of society, such as providing a healthy environment for industrialization and job creating through public and private investments. This is in line with the strategy of building an independent, integrated and self-sustaining national economy. However, the strategy is largely private sector led” (NRM, 2015).
The NRM has done more for the National Unity and has made an effort for the kingdoms to reconcile, even if there been issues like recent years like between the Baganda Kingdom and the Ankoli. Or the Bunyoro with their land and Tororo after the fall of Gadaffi which supposable gave less power to kingdom after this, then you have the fiefdom of Busoga which haven’t gotten much credit from the National Unity work. So the NRM has done something good here I got to confess, though I am sure that the Northerners feels left out after the institutions are stronger in Bunyoro, Baganda and Tororo, and not in Acholiland, Karamoja and so on. There are things to work on to continue to make a clear national Unity.
This one is a close achievement though the killings of Muslim clerics and the miss of certain areas of the country; half not passed and half verified point.
Point 4: Defense and Consolidation on National Independence
“The contractual fundamentals enshrined in the Ten-point Programme and promise of a fundamental change that was already exhibited in the discipline of the triumphant rag-tag NRA guerrilla fighters instilled an unprecedented sense of relief and confidence. Ugandans envisioned the end to state-orchestrated wanton murders; the end of the culture of political violence, torture, arbitrary arrests, the repressive modus operandi, and above all, the opportunity to freely elect and peacefully change their leadership. It was considered a dawn of a new era. The exceptions were the people of Northern Uganda region, where the defeated armies regrouped and waged an extended war led by Alice Lakwena and Joseph Kony. Internationally, Museveni’s conversion to neo-liberalism earned him Western acclaim of a ‘unique visionary, charismatic leader’ and primus inter pares of the ‘new breed’ of African leaders (Oloka-Onyango 2004; Kjaer 2004)” (Asiimwe, 2014).
“The eventual opening of political space was a protracted process whose landmark was the November 2004 Constitutional Court ruling against some sections of the Political Parties and Organisations Act (PPOA). The Court pinpointed the unconstitutional infringement of some PPOA sections on fundamental civil and political rights, for instance, freedom of association and assembly. With the opening, new political parties emerged. The Forum for Democratic Change (FDC), a merger of the Parliamentary anti-third term group (PAFO) and Dr Kiiza Besigye’s Reform Agenda that contested the 2001 presidential elections, was the most prominent of the new parties. Traditional parties like DP and UPC considered FDC as a credible and trusted party, and forged a common working relationship with it under the G6 framework. Establishment of grassroots networks and infrastructure was not smooth for parties like the FDC. The NRM had an elaborate village to District level Local Council system that combined administrative functions with championing grassroots Movement interests. This was overseen by political appointees like Chief Administration Officials (CAO), security operatives and Movement cadres. Additionally, the police served the establishment, and para-military units like the Kalangala Action Plan were reminiscent of the old-time UPC’s National Security Agency (NASA). This elaborate apparatus aimed at weakening competing political parties through a combination of indirect and direct strategies like co-option, harassment, sabotage, repression or even elimination. Claims of sabotage were made, for instance, in Gulu, Hoima, Masindi and Kisoro (The New Vision 9 August 2005; The New Vision 27 June 2005; The New Vision 18 July 2005)” (Asiimwe, 2014).
The lands are peaceful but the oppression is making it less of peace as seen how they goes against the Opposition leaders and their parties. So there are issues that does destruct the picture of what the NRM-Regime really has done, because their hinges to power now destroy what they have built while trying to underscore their competitors in the political landscape.
This point is half made and half not.
Point 5: Laying a basis for building: an independent, integrated, self-sustaining national economy.
Economic levels:
From FY2006/2007 it was Domestic Debt and Outstanding(DoD) was US$1.47 billion. And in FY 2013/2014 had risen to US$4.3 billion (MTDS, P: 13, 2015).
Government expenditure is on an average to be 20.9% of the GDP for the FY 2014/2015. In the 2015/2016 it is 21.7% of the GDP. The main expenditure for the budget is the infrastructure projects like the upgrading of Entebbe International Airport, Hydro Power projects and Albertine Regional Airport. The total cost for the projects is US$7.0 Billion. There is set to be 5% target for the inflation rate and the exchange rate is set for 12.1% in FY 2015/2016 and average for 2.4% the rest of the years for the medium term (MTDS P: 17-18).
That the total debt-to-GDP from the current level of 28.6% by the end of June 2014, if the end of the time it might end up with 50% level by 2020. This is because of substantial projected increases the fiscal deficit. With the worst strategy the interest rate can go from 1.4% in June 2014 to become 4% in 2020 (MTDS, P: 24, 2015).
Point 5 is not valid. The scary numbers are the reason why!
Point 6: Restoration and improvement of social services and rehabilitation of the war-ravaged areas




(Republic of Uganda May 2015).
They have started and even officially started to loan money for the restoration together with the major national programmes like National Development Program II and Vision 2040.
So this point is not valid!
Point 7: Elimination of all forms of corruption in public life
Here are a few cases from the recent year that proves that elimination is far from the surface and eliminated with corruption in the public life. There is so many cases but here is a few!
Mukono-Katosi Road Scandal:
“A significant amount of evidence supports the view that the incidence of grand corruption in Uganda has increased over recent years. Recent cases involving the embezzlement of public funds suggest the effectiveness of state institutions in monitoring government programs is limited. Recent examples of cases of grand corruption include the fraudulent procurement of a contractor for the Mukono-Katosi road and subsequent advancement of UGX 24 billion to nonexistent contractor to kick-start the road construction in 2014; of UGX 205 billion through the national identity card system scam in 2011; and of UGX 58 billion lost in the OPM in 2012, among others” (Inspectorate of Government P: 33, 2014).
MTN-Uganda:
“The Anti-Corruption Court yesterday convicted six MTN staff after they were found guilty of illegally gaining access to the mobile money system and wired cash amounting to more than Shs3 billion to various money agent lines that they shared thereafter” (PCTech Magazine, 2015).
UWA:
“In November 2014, five officials of the Uganda Wildlife Authority were suspended after almost 1.5 tons of ivory worth more than $1 million vanished from a government store room. In response, the minister for tourism suspended the Uganda Wildlife Authority’s executive director, Andrew Seguya. But he returned to office just a few months later” (Athumani, 2015).
UNRA:
“A Uganda National Roads Authority (UNRA) official was last Friday quizzed over billions of shillings on his personal account, yet his official salary was only Shs5m a month” (Kasozi, 2015).
Recent in Kampala:
“The last time men posing as immigration officials showed up at Wei Kun’s shoe store in the Ugandan capital of Kampala, the Chinese trader forked out $1,000 in bribes to prevent his business from being shuttered” (…)”Perspective traders must provide evidence of $100,000 in planned investment, language skills and obtain the necessary trade licenses _ or pay off the right people” (Canadian Press, 2015)
This point is far of chart that I have to say it super-un-valid!
Point 8: Settling the peasants that have been rendered landless by erroneous “development” projects or outright theft of their land through corruption.
Check again the Point number 2 since the answer is there on the land grabs and the issues it has, especially with the situation in Amuru and Adjumani districts with the allocation of land for Sugar Works Factory and hunting grounds in Apaa Village. Also with the land grab for the development project or building the Palm Oil plantations on Kalangala Island. The issue in Northern Uganda ends also up with those staying in the camps that Internally Displaced Persons are not getting a piece of land to settle down and get a livelihood after the long trial with droughts and wars in the area.
This one is too damn easy, not valid before the IDPs get a piece of land and not business men getting giant plots for their business and pleasure. As the Government of Uganda has to fix the issues of giving their citizens their land and plots; and also finding the place for development, but there is also the issue of listening to the Local Councils, Chief’s and MPs to find a significant way of doing it, instead of shuffling over them.
Not Valid!
Point 9: Encouraging co-operation with other African countries and defending the human and democratic rights of our long-suffering African brothers
In the recent year the UPDF the Ugandan army has been in the South Sudan, Central African Republic and Somalia. In the Central African Republic they are still hunting for the LRA on mandate from the UN and the same with the Army troops in Somalia in the African Union Mission in Somalia (AMISOM).
The one in South Sudan:
“John Ken-Lukyamuzi, who is the leader of the opposition Conservative Party in the national parliament, further said the deployment of the Ugandan People’s Defence Forces (UPDF) in South Sudan was a violation of international law” (…)”The lawmaker further said there was no evidence indicating the official invitation of UPDF by South Sudan president Salva Kiir, saying president Museveni failed to provide the invitation letter to parliament when inquired to produce it. However, Uganda government on many occasions alleged that its troops were invited by president Salva Kiir (Sudan Tribue, 2015).
Medics abroad:
“Uganda plans to send more than 240 of its health workers to the Caribbean despite criticism and the threat of an aid cut” (…)”Officials have said the scheme is merely part of Uganda’s bilateral cooperation with Trinidad and Tobago, from which Uganda has also benefited – with aid such as oil and gas industry training and financial support for its police” (Al Jazeera, 2015).
Ugandan-Saudi Agreement:
“HUMAN rights activists from various civil society organisations have refuted the recently signed labour agreement between Uganda and Saudi Arabia to employ graduates as domestic workers, arguing that it is modern day slavery” (…)”“The government does not seem to be bothered about where these people are going to work, but rather to let go of them,” Ndifuna said” (Muhindo, 2015).
The military does certainly something positive abroad if they follow the international mandates from African Union and United Nations, but the ones they went in to without a mandate that was in South Sudan. In the midst of the year with the turmoil and demonstrations towards the third term in Burundi became part of the mediation team between CNDD-FDD and the opposition. The opposition felt that the NRM-Regime and their men had a loyalty to their friends in the government and not discuss in the matter towards a gentle agreement between the parts.
So parts of this point they actually do well, with the armies for the mandates, but the none mandates and how they have agreements to send people to other countries to earn quick money and not secure themselves. So it doesn’t seem they do it for generating Human Rights or Democratic values, more to gain money for the government.
Half Point is cleared and half point is not.
Point 10: Following an economic strategy of a mixed economy – I.E. Use of state and private sector as well as cooperatives in the development process
“Given the scale of investments required under NDPII, there is need to have close cooperation between the public and private sectors in form of public-private sector partnerships (PPP)” (…) “Government has already embarked on promoting and encouraging PPP in various forms for the smooth implementation of NDPII. Legislation towards formulating laws for PPPs is also in advanced stages. The forms that PPPs usually take include joint ventures between the Government and private sector entity/ies where both may contribute financial resources, Build, Operate and Transfer (BOT), Build, Own, Operate and Transfer (BOOT), Build, Own and Operate (BOO) and Concessions” (P: 153).
““The Uganda National Roads Authority (UNRA) is the implementing agency for the planned KAMPALA JINJA TOLL EXPRESSWAY. It will link the capital with the important industrial area of Jinja. Past plans have been for four to six lanes for the 77-kilometre road. Cost estimates have also varied from USD 700 million to USD 1 billion. There are reports that the ministry of transport will be floating a USD 1 billion Public-Private-Partnership (PPP) tender and that the International Finance Corporation (IFC) will be the lead financial adviser. Construction could commence in 2015 with commissioning in 2020. COMESA has declared it to be a priority Project that is an important component of the Mombasa-Kampala – Kigali northern corridor” (APA, 2014).
“Uganda Registration services Bureau (URSB) has today entered into an MoU with National Social Security Fund (NSSF) to enable information/data sharing on companies registered with URSB and bio-data for NSSF members” (…)”The Partnership with NSSF isn’t the first for URSB, because earlier partnerships have already bore fruits. Together with KCCA and URA, URSB is running a TREP project, which has seen the organization register many business names in Kampala, and has now devised plans to roll out to the countryside beyond Kampala” (…)”Other Partnerships with UIA and Posta Uganda have seen URSB centers housed within the two institutions, a move that has eventually reduced congestion at the URSB head office and also saved peoples’ time and costs on transport to reach the URSB head office for registration services” (Minbane, 2015).
They have achieved this one, but at a price of exhilarating the prices for public building by having the Public-Private Partnerships which leads to higher levels, MoUs and contracts from constructions companies and the Government of Uganda.
This here is a valid point.
Afterthought:
Point 1: Not Valid.
Point 2: Not Valid.
Point 3: Half not passed and the other half passed.
Point 4: Half not passed and the other half passed.
Point 5: Not Valid.
Point 6: Not Valid.
Point 7: Not Valid.
Point 8: Not Valid.
Point 9: Half not passed and the other half passed.
Point 10: Valid Point.
Totally 2, 5 Points out of 10 in 29 years is not impressed! There is always easy to write visions, talk about wish to develop the organizations and country. NRM-Regime has had the time to build and rebuild the country. The NRM-Regime have had opportunities to deal with this program and achieve it, instead they have lost focus and turned into a crony elite who self-serves instead of serving the citizens. That is supposed to vital to any government to give services and reforms to build society to a better place. NRM-Regime has gone away from their core-principals. Therefore you can easily see that they haven’t tried hard to fulfil their Ten-Point Program. Peace!
PS: If this isn’t enough for you?
Read my old one:
Dismantling the Ten Point Program – (05.05.2014)
Reference:
Ageno, Catherine – ‘Supreme Mufti Kayongo rejects “Unity” Prayers’ (27.01.2015) link: http://kfm.co.ug/news/supreme-mufti-kayongo-rejects-unity-prayers.html
Africa Project Access (APA) – ‘Africa Project Newsletter: Issue 234’ (Nov. 2014) link: https://www.wko.at/Content.Node/service/aussenwirtschaft/NEWSLETTER-234-November-2014.pdf
Al Jazeera – ‘Uganda to send medics abroad despite aid-cut threat’ (16.03.2015) link: http://www.aljazeera.com/news/2015/03/uganda-send-medics-aid-cut-threat-150316125448282.html
Asiimwe, Godfrey B –‘Of Fundamental Change and No Change: Pitfalls of Constitutionalism and Political Transformation in Uganda, 1995-2005 – Article in the Africa Development, Vol. XXXIX, No. 2, 2014, pp. 21 – 46 © Council for the Development of Social Science Research in Africa, 2014 (ISSN 0850-3907)
Athumani, Halima – ‘Corruption worsens an already devastating illegal wildlife trade in Uganda’ (10.07.2015) link: http://www.pri.org/stories/2015-07-10/corruption-worsens-already-devastating-illegal-wildlife-trade-uganda
Blumenfeld, F. (1960). Tribalism and nationalism in Africa. Editorial research reports 1960 (Vol. II). Washington, DC: CQ Press. Retrieved from http://library.cqpress.com/cqresearcher/cqresrre1960110200
Canadian Press – ‘Despite bribery and corruption Chinese retailers grow in Uganda’ (23.06.2015) link: http://www.stockhouse.com/news/newswire/2015/06/23/despite-bribery-and-corruption-chinese-retailers-grow-uganda#M7hQi3pkd1JUhqeC.99
Kafeero, Stephen & Bwire, John – ‘Museveni calls for Muslim unity’ (18.04.2015) link: http://www.monitor.co.ug/News/National/Museveni–calls–Muslim–unity/-/688334/2689182/-/y2hs43/-/index.html
Kasozi, Ephrahaim – ‘UNRA official quizzed over Shs1b on personal account’ (02.11.2015) link: http://www.monitor.co.ug/News/National/UNRA-official-quizzed-over-Shs1b-on-personal-account/-/688334/2938914/-/xrpcno/-/index.html
Mediacentre – ‘President Commends Fighters’ Role During the 5-year Liberation Struggle’ (08.02.2015) link: http://www.mediacentre.go.ug/press-release/president-commends-fighters%E2%80%99-role-during-5-year-liberation-struggle#sthash.HaQo8OZK.dpuf
Minbane – ‘Press Release on signing of a MOU between the URSB and NSSF (28.08.2015) link: https://minbane.wordpress.com/2015/08/29/press-release-on-signing-of-a-mou-between-the-ursb-and-nssf-28-08-2015/
Muhindo, Clare – ‘Human rights activists contest Uganda-Saudi labour pact’ (14.07.2015) link: http://www.newvision.co.ug/news/670932-human-rights-activists-contest-uganda-saudi-labour-pact.html
NRM – ‘NRM Mission is to transform Uganda into a Modern Prosperous society’ (02.10.2015) link: https://www.nrm.ug/media/nrm-mission-transform-uganda-modern-prosperous-society
Inspectorate of Government (IG) & Economic Policy Research Center (EPRC): Tracking Corruption Trends in Uganda – Using data tracking mechanism – Annual Fourth Report 2014.
Statehouse – ‘President urges West Nile on maintaining peace, unity, and household income projects’ (20.07.2015) link: http://www.statehouse.go.ug/media/news/2015/07/20/president-urges-west-nile-maintaining-peace-unity-and-household-income-project
Sudan Tribune – ‘Ugandan lawmaker describes UPDF mission in South Sudan as illegal’ (10.04.2015) link: http://www.sudantribune.com/spip.php?article54577
Republic of Uganda/Directorate of Debt & Cash Management – Ministry of Financing, Planning & Economic Development: ‘Medium Term Debt Management Strategy’ (MTDS): 2015/2016 -2019/2020 (April 2015).
Republic of Uganda – Report of the Committee on National Economy on the proposal by Government to borrow SDR 34 Million (US 50, 2 Million) from the International Fund for Agricultural Development for Financing the Programme for Restoration of Livelihoods in Northern Uganda (MAY, 2015)
Republic of Uganda – ‘SECOND NATIONAL DEVELOPMENT PLAN 2015/16 – 2019/20 (NDPII): “A Transformed Ugandan Society from a Peasant to a Modern and Prosperous Country within 30 years”.
PCTech Magazine – ‘Former MTN Uganda Staff get 9 years’ jail for Mobile Money fraud’ (28.04.2015) link: http://pctechmag.com/2015/04/anti-corruption-court-convicts-six-mtn-staff-over-shs3b-fraud/
UBOS Press Release: Uganda – Consumer Price Index – October 2015
“Equitable University Access is Achievable” – Bokamosa by Mmusi Maimane
Government of South Africa already had the KEY to “Fees for Free” for Higher Education
Here has been told how they could make it in 2012. How to fix the accommodations and different structures and fees together with the historical views on how to fix the monies situations for the poor so they can be a part of the higher education in South Africa. Because if there will be bridging the gap and getting more people education there will be over time strengthening the manpower and levels of technical production. Also there views and patterns of society will generate more people an opportunity to be educated and gain more for getting the low-income parts of the citizens to rise into another social bracket and bring more of their own with them as people do when they get into a great and better situation. Let’s take a look at the government of South Africa’s lost key!
“The White Paper (1997) recognizes that South Africa’s stark income disparities were a barrier to higher education enrolment, and argues that the direct cost to students be proportionate to their ability to pay. This basic principle underlines the imperative that access by poor students must be subsidized by the state through a system of financial aid. Arguing against the idea of a general system of fee-free higher education, the White Paper instead proposes a state-funded student financial assistance system that has since became known as the National Student Financial Aid Scheme (NSFAS)” (Report P: V).
“The White Paper immediately adds, however, that it is important that “the direct cost to students should be proportionate to their ability to pay” and that “financial need should not be an insuperable barrier to access and success in higher education”. Referring to the need for “a realistic fee structure”, it explores options for the provision of student financial assistance for poor students” (Report P: 5).
“Finally, the Green Paper for Post-School Education and Training (DHET 2012) outlines government’s intention gradually and carefully to expand enrolments and participation rates at universities, so as to cater for 1 500 000 students (at a participation rate of 23%) by 2030 (DHET 2012: x). Government aims at the same time to phase in free undergraduate university provision for the poor, “building on the progress already made in expanding financial aid through NSFAS” (DHET 2012: 5). The reference here to progress already made is to the conversion of NSFAS loans to full bursaries for those students who complete their final undergraduate year successfully. The DHET envisages that “this programme will steadily be introduced to cater for students in the pre-final years” (DHET 2012: 48)” (Report P: 9).
“University education, because of its intrinsic characteristics, and as compared to the basic and secondary spheres of education, is a costly social service. It directly benefits a fairly small segment of society at any one time, and indirectly benefits society which makes use of their knowledge and skills” (Report: vi).
“Historically, although the idea of ‘free’ access by the poor to higher education, and the role of the state in its provision, is relatively new to South African policymaking, it has a relatively long track record in many other countries. In the last century, especially since the 1920s, this basic idea – of providing access opportunities to the ‘children of the working class’ to traditionally elitist universities – has preoccupied policy-makers in many parts of the industrialized world” (Report P: 12).
“In 2005 the Department of Education reported that of the 120 000 students who enrolled in higher education in 2000, 36 000 (30%) dropped out in their first year of study. A further 24 000 (20%) dropped out during their second and third years. Of the remaining 60 000, 22% graduated within the specified three years duration for a generic Bachelors degree (Letseka and Maile 2008: 5)” (Report P: 33).
“The Ministerial Review argued that in order for the current system of student financial aid to realize its potential fully, it must overcome a number of challenges. The first of these challenges is the use of race as a proxy for socio-economic need, which, in terms of the current formula, results in unequal institutional allocations, with historically advantaged institutions with affluent black students receiving the same allocation as historically disadvantaged institutions with many poor black students” (Report: vii).
“South Africa does not have an official singular definition of the poor, with different government departments using different definitions. Statistics South Africa and the National Treasury have proposed a poverty line based on ‘the money income needed to purchase a nutritionally adequate food supply and other essential requirements’” (Report: ix).
“”[f]ree university education means that workers on low to average wages substantially subsidize the university education of the children of higher income families, whom as a result of their university education will, on average, receive much higher incomes. Therefore, ‘free’ university education involves a substantial transfer of money from low income to high income households” (Li 2011:467). On the other hand, the probability of going to university is higher for children from middle class families. The result, however, is contingent on the taxation and other policies in the country in question, as a graduate tax, for instance, could offset some of these effects” (Report P: 14).
“The Ministerial Review of NSFAS estimated that NSFAS would need at least double its budget to meet even current demand (DHET 2010: 16). If participation rates were to increase, significantly more funds would be required. Unfortunately, government funding of public universities has been on the decline over the past decade: according to the Financial and Fiscal Commission, drawing on HEMIS and DHET data, the share of government grants in the total income of the public university system fell from 49% in 2000 to 40% in 2010, with both tuition fees and private or third-stream university income increasing to compensate for this decline. Expressed in terms of the number of enrolled students, government funding per full-time equivalent student fell by 1.1% per year in real terms between 2000 and 2010, while over the same time period, tuition fees per full-time equivalent student increased by 2.5% per year in real terms (FFC 2012: 53-4)” (…)”NSFAS faces several major challenges. First, it receives insufficient funds from government to meet the growing demand for financial aid by poor students. Second, it has been badly governed and managed since its inception. Third, the very high dropout rate attests to the fact that NSFAS has not addressed the key issue of ensuring that access is accompanied by success (Report P: 27).
“Other than historical factors and the inefficiencies of the school system, the present higher education funding architecture is a key reason often identified as an obstacle to an expedited expansion of higher education access. The higher education funding regime is currently characterised by declining real per student funding, for which universities have sought to compensate by, inter alia, regularly increasing tuition fees. This in turn has put pressure on NSFAS which, unfortunately, has not been able to adequately support all qualified and deserving students (Wangenge-Ouma 2012)” (Report P: 29).
“Furthermore, it would be wrong to assume that education functions best as a ‘free market’. While universities do compete for the best students, they do so not on the basis of price but rather on political, social and educational criteria; this can never be a meaningful buyer-seller relationship. University places are limited and students are selected on merit, not buying power. Policies whereby funding follows individuals, and to this extent are focused on individual advancement, may need to be balanced against policies which build state provision for the long-term benefit of society” (Report P: 37).
“Creating a higher education system characterised not only by increased participation and reduced dropout but, above all, free undergraduate study for the poor, will not be cheap. By definition, the households of poor students will not be able to share in any of the costs associated with university study, and even the households of slightly less poor students will be able to contribute only a small portion. Simply to make it possible for the 2013 cohort of students, for example, to begin receiving free university education, will require that NSFAS be given the financial muscle to advance loans of about R14 billion in 2013 prices” (Report P: 48).
Recommendation:
“Funding for free university education for the poor should be obtained, at least in part, from the funds of the Sector Education and Training Authorities (SETAs) and the National Skills Fund (NSF)” (…)”Although in some instances these SETA funds are already being used for bursaries, short course skills programmes and internships, and notwithstanding the fact that various private sector companies and public service departments already support poor students in these ways, it is important to ensure that these funds and support, along with portions of corporate social responsibility funds, are organised and managed under a single, NSFAS umbrella, rather than being disbursed, as is often the case at present, in piecemeal and uncoordinated ways” (…)”For example, the private sector, and perhaps especially the large financial institutions, as well as international donors, may be willing to offer reasonable loans, if state guaranteed, to poor students who are in their final year and who have demonstrated their current dedication and future earning potential” (Report P: 50).
Afterthought:
This report has the answers to how they can implement free-fee or proper pricing of the higher education in South Africa; certainly the issue of not implementing it or even releasing it, because yesterday I read through the final draft of it.
There were more things to high light from the report it had also the difference ways of giving the fees and how to repay the fees that are in the countries, but in the recommendations that didn’t look like a consideration of the department. The main issue is that they was offering a advice on building on the already set function of the National Skills Fund and Sector Education and Training Authorities.
The cost of dropouts already in 2012 has to be about the same today and since they have implemented anything towards the cost of being a student while the intuition fees are running higher. Therefore when you already have a costly functioning system, than it should be open for greater part of the citizens of the country, not just the upper echelons of society.
That is an issue in many countries. The Republic of South Africa is not alone in that matter. What they might be alone in, is that they have the keys to the door, but don’t want to open the door. To open that door takes action, a certain level of moments of the characters and institutions. Also the government needs for facilitating and budgets to sustain the free-fee programs; which might lead to somebody in central government actually opening the door to the other place. That can happen if somebody or a government body has the ability to implement the key into lock of the door. So long as the door in locked and even with the key in hand. It feels like a missed opportunity to give something to coming students so they can evolve and gain maturity through studies they usually wouldn’t have the economical capacity to get into the campus life or studies in general, because even if the candidate for studies has the ability as a person to study, but not the money, then the state of South Africa is losing over time qualified workers and educated personnel that they could have gotten.
So now it’s up to the ANC to live up to their heritage and tradition. If that still means something or the only means right now is to build mansions for the new elites instead of building a growing society of prosperity for more of the citizens. Bond the different levels of society from youth towards pension age. This here isn’t easy at all, to build something sustainable and use the funds and opportunities for the general public to gain. The main issue is that they had the KEY at hand to OPEN the DOOR if they wanted to since 2012! ANC could have put things and movement into place and in the right forums to adjust and implement structures to secure a better level of studies for the POOR, even if the Republic of South Africa doesn’t have an definition of POOR. So now we all can ask, because this was draft and never intended to release from the Department of Higher Education which is under Blade Nzimande the minister has had this position since 2009. So he must have known about this all along.
And what I wonder about now is there more departments in the Zuma ANC regime who has more lost keys to official issues or structural reforms that can build society stronger, or is just one lost KEY?
And if so, please ladies and gentleman tell me. Nothing is as good for a transparency and accountability as shedding the light on the matters that the governments and ministries, and government bodies that they don’t want to tell. Because that might shift the moves of the men and woman in power, also gives them a smack that they need so they can use the KEYS and not just relax in the government buildings instead of doing their civic duty! Peace.
Reference:
Republic of South Africa – Department of Higher Education and Training: ‘REPORT OF THE WORKING GROUP ON FEE FREE UNIVERSITY EDUCATION FOR THE POOR IN SOUTH AFRICA’ (Oktober 2012) – Final Draft.
Kahinda Otafiire – Bush hero finally being bushwhacked
Reports on the elections that lead to the fall of Kahinda Otafiire lost his place as an MP aspirant for the General election in 2016. So he will not be the MP for the Ruhinda South-Mitooma District. He lost to another brother on the ballot who actually is in jail! But first I will address the person and few of his previous actions and issues that he has had in recent years in his position as a government official. So that if the public known all of this it’s a miracle that he is still been staying as a MP and representing this area for that long with all this stories. So hopefully the brother who is jailed and Aspirant for Ruhinda South – Mitooma District has more clean hands then Otafiire! Take a look.
Gen. Otafiire said this this summer:
“I have been with President Museveni for more than 40 years and he has not sent me to my voters. How does he start sending you who have spent the shortest time with him?” (…)”You will be saved by your deeds because at the level of primaries, we are all equal and stopping someone from standing would send a bad signal to the people” (…)”Don’t forget that we have competitors in other political parties who are seeing whatever we are doing. Just identify your weaknesses and plan to be stronger rather than blocking other people who want to stand against you” (Zadock, 2015).
A week later he said:
“I don’t think I am stupid as I appear. With all due respect, you’re insulting my intelligence” (…)”I don’t remember writing that letter although it has a signature resembling mine” (…)”I know Kasango as an officer of court. The documents were signed by Justice John Keitirima, whom I know well. I had no reason to doubt” (Walubiri, 2015).
Some cool quotes from the brother:
“Tamale Mirundi should leave issues of the generals to the generals.” Commenting on Tamale’s verbal attack” (…)”I am 85kg, do you think I have become big because of corruption?” (…)”what was a wetland doing in the middle of a city?” questioning the Nakumatt vs Nema saga” (…)”Even Museveni knows I am fire” (…)”I don’t like this nonsense. That is my private life, it has nothing 2 do with my public life as Minister. Whether I am taking my family out or not is none of your business. You fellow can u concentrate on what concerns u and leave Otafiire’s family alone.” In response to Daily Monitor concerning his Christmas plans” (Ortega, 2013).
Nominated as one of the Most Corrupt of Ugandans in 2012 and he was awarded the spot of number 7:
“Taking advantage of his senior position in the elite network that effectively plundered diamonds, coltan, timber and Gold in eastern Congo, Otafiire set up lucrative business enterprises in the neighboring country and refused to pay taxes, as reveals the 2003 final report of the United Nations Panel of Experts on Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo:” (…)”Members of the Ugandan network are typically tax exempt. The Panel is in possession of documents showing that the network uses its control over the RCD-K/ML rebel administration to request tax exonerations for imports of high-value commodities. The granting of numerous tax exonerations to UPDF Colonel Otafiire between late 2001 and early 2002 is one of numerous cases. Not only did Colonel Otafiire benefit financially but, eventually, those exonerations forced local competitors out of markets in Bunia and Beni, leaving the petrol trade largely under the control of the network” (…)”Even in his own country, Uganda, Otafiire is routinely accused of abusing power. Fourteen years ago, he was dragged to a parliamentary probe committee for allegedly stealing copper rivets worth billions of shillings from an Asian businessman. In 2007, Kahinda Otafiire abused his office as minister of local government when he fraudulently allocated the Nakawa-Naguru estate redevelopment project to Opec Prime Properties Ltd, according to a 2008 report of the Inspector General of Government” (Sseremba, 2012).
1980s Luweero Triangle tricks:
“Obote put it more succinctly to Andrew Mwenda:” (…)”Maj. Gen. Kahinda Otafiire, for example, revealed that the National Resistance Army rebels used to wear UPC colours and then go into villages in Luwero and kill people in order to make the people think these were actions of the UPC government. Otafiire was boasting of the “tricks” NRA employed to win support in Luwero, but was also revealing the sinister side of Museveni and his insurgents… Each time there was a reported case of mistreatment of civilians by the army, we arrested those responsible and punished them severely” (Kalyegira, 2010).
Messy water of 2005:
“Maj. Gen. Kahinda Otafiire, the Minister for Water Lands and Environment, last month fixed the price of water in rural areas at Shs 10 per 20-litre jerry can” (…)”Until last month, prices varied from one area to another, depending on operational costs. Because costs differ, there is fear that a uniform tariff will jeopardise the operations of the water systems and lead to their collapse. This is because the companies can only continue running the water systems if there is a profit to make” (…)”However, Otafiire this week dismissed such fears, saying that the new water tariff aimed to make accessible it to every one. “It was a bad policy. I am the minister and I have changed it,” he said of attempts to develop a business model. “Water is not for commerce. If we can give free medicine, why not free water?” He said only two water schemes with electricity-powered systems would get government grants to subsidise their power expenses” (Kavuma, 2005).
Kenya Probe 2007:
“KENYAN police are investigating a possible link between Maj. Gen. Kahinda Otafiire to a large consignment of sugar currently impounded in Mombasa over tax evasion, but the Local Government minister has denied involvement in the racket” (…)”The huge consignment, worth about Shs 850 million was impounded at Mombasa seaport several months ago after authorities realised its destination papers had been falsified to avoid paying taxes due” (…)”If the racket succeeded, said Port CID Chief Mr John Nyanzwii, then the owners would have evaded the 100 per cent duty paid for imported sugar and the import duty due to the Uganda Revenue Authority. The sugar would have appeared to have originated from Kenya” (…)”Although police authorities in Mombasa had information that the Sugar belonged to Uganda’s local government minister, Maj. Gen. Kahinda Otafiire, he denied the allegations in a phone interview with Daily Monitor last week” (NFV Zone, 2007).
Car Crash in 2008
“THE Minister of Water, Lands and Environment, Maj. Gen. Kahinda Otafiire, crashed his car on Saturday morning and drew a gun at a journalist who came to the accident scene.The incident took place on Kinawataka Road, off the Old Portbell Road at 2:30 a.m. Daily Monitor photo-journalist Mr Mike Odongkara was put at gunpoint by an angry Otafiire and manhandled by policemen who were called to the scene to rescue the minister” (Odangkara, 2008).
Threating to leave NRM in 2010:
“I might have to join another party. I won the elections but my name is not on the list [of party flag bearers released this week]. They are chasing me away. What do you want me to do?” (…)”“If you were in my shoes, what would you do?” (…)”You cannot petition someone who does not want you” (Kiggundu, 2010).
Shell case of 2012:
“Justice and Constitutional Affairs Minister Kahinda Otafiire yesterday failed to show up in court to explain his side of the story in a case in which petroleum giant Shell (U) Ltd sued him over alleged breach of contract“ (…)”Gen. Otafiire, through Benzina (U) Ltd, allegedly negotiated a land lease deal with Shell (U) but later failed to honour it” (…)”The petroleum company now wants a Shs1.2 billion refund for refusal to deliver land to it, which it says resulted in loss of business.” (Wersaka, 2012).
In 2013 Otafiire had issues in the parliament:
“Minister for Justice and Constitutional Affairs has been thrown out of Parliament for Government’s failure to appoint substantive DPP as Cases pile up and suspects spend longer time on remand without trial” (…)”Appearing before the parliamentary budget committee to present the DPP budgetary estimates for this financial year, MPs today ordered Major Gen Kahinda Otafiire out from Parliament accusing government of delaying the appointment of the substantive Director of Public Prosecutions (DPP)” (Investigator, 2013).
Shopping in 2014:
The Minister of Justice was shopping at the Joy Supermarket in Mbuya who is a city suburb on the outskirts of Kampala. After shopping in his trolley he came to the register where he asked the price for each of the picked items in the trolley. The whole shopping spree cost the minister 160, 000 shillings. He started first buy paying it with 50,000 bills. Before picking coins from another pocket there he started to count and used time to make a jam in the star while getting enough coins to pay the balance missing of 10, 000 in small change (Ugandadrone, 2014).
What happen in today’s NRM Primaries:
Retired Maj. Gen Kahinda Otafiire storms the tally center in company of security personnel for the Ruhiinda county polls and orders everybody out; and says they must leave everything inside in the hands of one of the security boys; Kahinda Otafiire came along while saying his votes have been rigged. The people and the officials are reportedly refusing to leave the centre.
Gen. Kahinda Otafiire is seriously being given a run for his money according to the pre-liminery report. Capt. Mugabe Dononzio Kahonda is leading with the difference of 4773.Mind you Kahonda did not vote because he is in the prison on allegations that he forged academic documents. Otafiire is also reported to fall behind Hosea Muhanguzi.
Kahinda Otafiire lost to Rtd. Cap. Kahoonda in Ruhiinda County while he is still incarcerated in prison.
Reasons for the fall of Otafiire:
“Gen. Kahinda lost because of his rejection for Mitooma not become a district. This resulted into the district chairman Benon Karyaija who is very popular to part ways with him and become arch enemies. The former Mitooma district NRM chairman Tito Nsigireho, district speaker silver Tumukuratire, finance secretary Bamusiime Muhwezi have all been against Otafiire since 2010 when they defeated him and Mitoma was granted district status from Bushenyi district. Still in Mitooma district, Thomas Tayebwa won in Ruhinda North with over 80%. He was contesting against one Musinguzi. Ruhinda North is a new constituency that was curved of Ruhinda this year” (Muhwezi, 2015).
If this wasn’t interesting then I don’t know; we can see that with the fix of somebody else as flag-bearer in the district, especially since the district was split of the districts in the area. Also with losing the loyalty of patrons in the area, that cost him a lot of votes. So I am sure that Mr. Otafiire can become Minister Without Portefolio or something in the 10th Parliament. Now we have seen that the future handpicked loyalist of the Party, not because the locals in Ruhinda want him anymore. Peace.
Reference:
NFVZone – ‘Kenya Police Probe Otafiire Over Sugar’ (20.11.2007) link: http://www.nfvzone.com/news/2007/11/20/3108994.htm
Kalyegira, Timothy – ‘Rwanda: How RPF and NRA perfected the human atrocities to blame it on Hutus’ (18.03.2010) link: http://rwandarwabanyarwanda.over-blog.com/article-rwanda-how-rpf-and-nra-perfected-the-human-atrocities-to-blame-it-on-hutus-46935719.html
Kavuma, Richard M – ‘Otafiire upsets water experts’ (25.08.2005) link: http://www.worldwatercouncil.org/fileadmin/wwc/Sections_for/Journalists/Water_Media_Program/wmp_resources_kavuma_25.08.05.pdf
Kiggundu, Edris – ‘Gen.Otafiire threatens to quit NRM’ (23.10.2010) link: http://www.observer.ug/component/content/article?id=10614:genotafiire-threatens-to-quit-nrm
Muhwezi, Wilber – ‘PRISONER CAPT. KAHONDA DEFEATS GEN.KAHINDA OTAFIIRE’ (27.10.2015) link: http://mknewslink.com/prisoner-capt-kahonda-defeats-gen-kahinda-otafiire/
Investigator – ‘Otafiire thrown out of parliament over DPP’s appointment’ (08.08.2013) link: http://news.ugo.ug/otafiire-thrown-out-of-parliament-over-dpps-appointment/
Odongkara, Mike – ‘Otafiire crashes car, pulls gun at journalist‘ (08.05.2008) link: http://mikeodongkara.blogspot.no/2008/05/otafiire-crashes-car-pulls-gun-at.html
Ortega, Ian – ‘Kahinda Otafiire Quotes (Compilation)’ (31.07.2013) link: http://bigeye.ug/kahinda-otafiire-quotes-compilation/
Sseremba, Yahya – ‘10 Most Corrupt Ugandans’ (19.04.2012) link: http://campusjournal.ug/index.php/special-report/investigation/471-10-most-corrupt-ugandans
Ugandadrone – ‘Kahinda Otafiire causes jam in a supermarket counting coins’ (15.12.2014) link: http://ugandadrone.com/kahinda-otafiire-causes-jam-in-a-supermarket-counting-coins/
Zadock, Amanyisa – ‘Stop deceiving voters, Otafiire tells aspirants’ (05.06.2015) link: http://www.monitor.co.ug/News/National/Stop-deceiving-voters-Otafiire-tells-aspirants/-/688334/2740506/-/ure9e3/-/index.html
Walubiri, Moses – ‘I am not as stupid as I appear – Otafiire’ (14.06.2015) link: http://www.newvision.co.ug/news/670963-i-am-not-as-stupid-as-i-appear-otafiire.html
Wersaka, Anthony – ‘Otafiire shuns Shell case mediation’ (18.05.2012) link: http://www.kigalikonnect.com/article/otafiire-shuns-shell-case-mediation.html
Press Statement: AfDB marks World Statistics Day – “Better Data. Better Lives” (26.10.2015)
The African Development Bank (AfDB), one of the leading institutions driving statistical development progress in Africa, joined the world in celebrating World Statistics Day on Wednesday, October 20, 2015. The theme for this year’s event was “Better Data. Better Lives”.
Each year since 2010, World Statistics Day provides a platform for the global statistical community – producers, suppliers, users and all relevant stakeholders – to showcase their achievements and ongoing statistical work. This year’s celebrations follow a significant decision by world leaders to adopt the Sustainable Development Goals (SDGs). “The SDG agenda provides the political impetus and will help to shape the course of statistical capacity development in the years to come,” said Oliver Chinganya, Manager of AfDB’s Statistical Capacity Building Division.
As part of the celebrations, the AfDB Statistics Department held a series of seminars from October 19-23, 2015 with the aim of showcasing statistical activities already underway within Bank’s Statistical Capacity Building (SCB) program. Also highlighted were future programs planned in response to the current demands of the Data Revolution and the post-2015 development agenda.
The Bank’s SCB program is expected to gather momentum in response to the UN’s clarion call to harness the Data Revolution in order to enhance sustainable development. This will entail more data communities coming together and collaborating in a sustainable manner in the context of a data ecosystem.
Reliable and timely statistics are crucial for formulating policies that can positively impact the lives of millions of people. Without the numbers, development impacts cannot be measured. “Improved data sources, sound statistical methods, new technologies, and strengthened statistical systems continue to be actively promoted and financially supported through the AfDB’s Statistical Capacity Building Program,” observed Chinganya.
He underlined the importance of accurate and timely statistics being freely available to all stakeholders when they are most needed.
Through its ground-breaking Africa Information Highway (AIH) initiative, the AfDB provides free and open access to all stakeholders including the public, the Bank’s regional member countries, civil society organizations, academic and research institutions, UN agencies, and the media.
The inaugural World Statistics Day was declared by the United Nations (UN) General Assembly in 2010 to recognize the importance of statistics in improving lives.
Press Statement: Dear Ugandan voter and citizen you have the right to know what the Government in Power does with your hard earned Tax Money (22.10.2015)
Ugandans should be bold to ask tough questions. The committee in parliament on public accounts committe should come more often to account or expose the flaws in spending public money.
I would like President Yoweri Kaguta Museveni and the presidency department to account to the tax payers of this country the money he has spent in on foreign trips or travel since he become a head of state in 1986.
I recently approached protocal office at the Ugandan parliament with the intention to meet the president in person and put point blank the reasons I will never support him in this country. Among the issues our team wanted him to respond on was how much does he spend on frequent trips outside the country?
I was told I can’t meet him because the head of state is booked from now to next year May for NRM party activities and trips around the globe.
I was frustrated and am still with the burning issues we had prepared to deliberate on.
Atleast in the last 30 days , the president was in Khartoum Sudan, was in Kenya Nairobi, was in Rome Italy, He was in New York ,Algeria and I think other countries.
The president’s handlers should avail all the details on these trips sponsored by the Ugandan citizen and tax payers.
I guess the figures are exceedingly huge whereas civil servants and pensioners are not paid their little money, salaries/wages since July todate.
The children in Northern Uganda dieing because they can’t have a plate of food to eat in 24 hours if not at the border with Tanzania in Rakai district there are tens and hundreds reported dead because of lack of food and water. Many of these dieing are mostly refugees that were expelled by the government of Tanzania a few years ago and were allowed into Ugandan territory hurriedly without any prior consultations with primary stakeholders.
The prime minister’s office cut off supplying the refugee camp with food and water putting the lives of human beings in that camp at stake.
It was reported that men throw themselves in the nearby river to die instead of helplessly watching their loved ones starve to death.
The other day a couple of people called us saying we are not patritic because we referred to Mr. Yoweri Museveni the President of Uganda , his dim lieutenants and pals in government like Anite Evelyn, Kenneth Omona, Omondo Omondo, Namara , Kibuule , Hon.Ogwang and many others young or old government advisors as highly decorated opportunists Uganda has ever produced since time immomerial.
What justification can the whole band of “Tubonge Naawe” give to call for the commedians in luganda the”dikulas” of this country like Bebe Cool, Jose Chameleon , Juliana Kanyomozi and the entire crew of artistes that feasted with Mr. Museveni in Munyonyo luxury hotel last week wheras hundred of population starving in country supposed to be a basket of Africa???deaths of people within our borders due to lack of a mere plate of food and a mere glass of water to drink? Yet they gladly met to con Mr. Museveni under the auspice of NRM lady Anite Evelyn a minister in the current insensitive , elitest , lukewarm regime.
Uganda needs a third liberation, this time around by us Ugandans not foreigners like in the case of 1978/79 and 1981-1986 bush war that saw Rwandan commanders like Late Fred Rwigyema , Beingana, Bunyenyenzi, Katureebe , Kalegyeya and Gen. Kagame fighting and handing over power to rebel leader Yoweri Museveni. In 1979, unsung Tanzanian heroes liberated this country and handedover power to Ugandan renegades Yoweri Museveni inclusive.
So for one to really overstate that Yoweri Museveni is the father of this country, the liberator, the saviour and etc, like Anite Evelyn misleads the un informed Ugandans that is to be a pathetic and celebrated liar in modern times. The man was in sweden eating sauges when kampala fell and late Dr.Obote was overthrown by his very own solidiers , the Okellos and Milton ran to exile in to Zambia. The solidiers were later fooled by late Rwigyema led group and Salim Saleh to lose kampala to the NRA where Museveni outsmarted the NRM political wing and was sworn in as the junta leader of 1986. By now you can perfectly and orrectly understand why we said that Museveni is a highly decorated opportunist in Uganda.
We need the figures to see how much he spends on foreign presidential visits begging other countries to grant expensive loans to this nation since he become president and compare huge with the thorny challenges this country is bedevilled with .
Written by Presidential aspirant Dan (Malcom) Matsiko for the NFT (New Form for Thinking) and Independent Candidate in the coming Presidential Election and General Election in 2016 in Uganda.
Amuru Land Grab: What is ours, is OURS; What is their’s, is OURS; and Whatever is your’s, is still OURS
There has been a lot of news and articles on this matter because of the sensitive issue of owning land. Land can secure families and secure the heritage of the local people in the area. The issue is how to deal with wish of growing society and also keeping traditions. Also settling people in after years of war with the LRA and settle especially the ones that are seen as Internal Displaced Persons (IDPs). Another issue is if the government tries to deal with big monies and doesn’t include local patrons or community. That disfranchises the people and also grows a bigger distrust from the community about the government institution. That also shows the true color of especially some of that is, also the matter in the Amuru Land grabbing. I will not look into the local squats between families and also IDPs and local farmers stealing land from each other. That is equally important. But don’t have the space to write and find a good way to put it into this one. NRM-Regime has from day one been laisses faire economics and not governmental business orientated even if the President of 29 years was into communist thinking in the 70s. Also into business that gains the government, but not actually the public and citizens always. Therefore we have the heavy prices and expenditure of roads. The deals and arrangements hasn’t been made in sincerity of the public, therefore has also the MPs from the area in now bot the 8th Parliament and the 9th Parliament has reacted to deals that been set in fruition. The Madhvani deal is the big one and the one with the most flesh and grants. Also the Apaa village dispute over the land becoming a hunting ground instead of being a village for the people who actually live there. Then I will show other deals that have been questioned. This was the gist!
Professor Ogenga Latigo spoke his mind:
“While referring to the process of land acquisition for the project, Professor Ogenga Latigo, the former Member of Parliament for Agago county and Leader of Opposition in the 8th Parliament indicated that ―Government mishandled the Amuru case, while others informants argued: ―”The idea is not bad but the approach of establishing the sugarcane factory [was wrong, and besides the project] is imposed on the people, the project should be started when the people have returned to their land. The priority should be to give chance to the locals to resettle before establishment of the sugarcane factory” (Serwajja, 2012).
Basic information from 2005:
“Gulu district in her endeavor to alleviate poverty and promote development is committed to mainstream environmental concerns in its implementation strategies. The district continues to rely on the natural resources as important sources of income. It is been noted that over 82% of the population depend on agriculture and this can call for immediate up-date on status of the natural resources in the district” (Langoya & Ochora Odoch, 2005).
Land Law information about in Uganda:
“Tenure arrangement:
Until 1995, customary tenants did not legally own land they occupied. The land belonged to the State, and the tenants were merely permitted to live on it (Tenants at Sufferance). According to its preamble, the Decree was intended to provide for the vesting of title to all land in Uganda IN TRUST for the people of Uganda. The Constitution of 1995 vested land in the citizens of Uganda as opposed to land vested in the State, as was the case with the Crown Land and consequently Public Land.
Therefore:
• Customary tenants on Public Land were empowered to own land occupied.
• Three quarters of land in Gulu falls under customary tenancy hence Communal Land Management.
• The Land Act 1998 favoured the Acholi customary land holding e g. communal cultivation, communal grazing, and settlements” (Langoya & Ochora Odoch, 2005).
Important land law:
“Section 92 of Uganda’s Land Act (1998, Cap. 227) states that “a person who…makes a false declaration in any manner relating to land” or “willfully and without the consent of the owner occupies land belonging to another person”… “commits an offence.” Notably, however, the Penal Code Act does not mention land-related crime or theft, robbery, or grabbing of immovable property” (Northern Uganda Land Platform, P: 6, 2014).
“Alternative dispute resolution (ADR), or ‘mediation’ as it is known, is not as technical, costly, or time-consuming as formal court processes, and aims to promote harmony among community members rather than naming a winner and a loser” (Northern Uganda Land Platform, P: 18, 2014).
“Migration characteristics:
Virtually, there are no refugee settlements in the district. However, large number of people in rural areas has moved to the forty six Internally Displaced Persons’ Camps and urban areas (RUM). It is noted that the Population in camps have risen from 291,000 people in 2001 to 438,765 people in 2004 and those in the urban centres from 38,297 people in 1991 to 113,144 people in 2002. Due to the same insurgency, there is also movement of people from Gulu district to the neighboring districts of Nebbi, Adjumani, Apac, Lira, Masindi and other Districts, not mentioned here” (Langoya & Ochora Odoch, 2005).
“Three criteria are found to be reliable indicators of bad faith. These reveal themselves as the ADR process unfolds, and include:” (…)”RIGHTS: Land rights of each party. These are determined by family ties, marital status, and transactions (gifts and sales)” (…)”INTENT: Parties’ demonstrated willingness to (not) respect these land rights. Usually evidenced by the presence of any “warning signs” and/or similar actions, body language, and statements” (…)”POWER: Parties’ perceived ability/opportunity to deprive opponent of land rights. This is context-specific, and may be assessed through probing” (Northern Uganda Land Platform, P: 7, 2014).
Some information on the Area Land Committee(ALC):
“A major point of breakdown apparently concerns the integrity of the Lands Administration itself. Although Area Land Committees are the “eyes and ears” of the District Land Board—thus vital to the process of land surveying and registration at the grassroots—these bodies remain under-facilitated, unsupervised, and unsurprisingly corrupt” (Northern Uganda Land Platform, P: 75, 2014).
Witnesses from the ALC:
”There’s no supervision of ALCs. So they go and do the work the way they want… because they’re human, sometimes they’re stubborn. On the basis of relationship… they can favor somebody. There may be a boundary dispute that was really not resolved – but in their report they say the dispute was ‘decided” (…)”“…a nightmare. The Kakira Sugar Works Limited overdemands money! Your file can be lost if you don’t pay them. I have to be very bold with these people, and tell applicants what really goes on. The corruption is highly coordinated, you can’t penetrate it. They look at you as if you are stupid if you don’t hand them extra money. I think the reason why no official fee structure exists has to do with the people behind private survey firms. If survey rates become fixed, then they lose business.” (…)”If I want to do something, you have the knowledge, I have the money. Money is very evil. However principled I am in my work, there’s some degree to which I will bend. All government offices are strained. No department says they have enough facilitation to do their work… We need to agitate, put it to the government that resources be looked at. Facilitating the ALCs alone will not solve the problem. Instead of centralizing the court, where people cannot afford travel costs (80-100km away), can we facilitate departments to do their work?” (Northern Uganda Land Platform, P: 75, 2014).
One set of background for Acholi land grab:
“To a number of locals in Northern Uganda, the issue of Customary Land Titles/ Certificates continues to evolve, and the rush to pilot this project has raised a number of questions and concerns about state involvement in land-related issues” (…)”In 1995, the Constitution of Uganda gave the right to own land to Ugandan citizens and any Ugandan could settle anywhere following due procedure. Following the passage of the 1995 Constitution the customary land tenure system was uplifted to the level of freehold tenure” (…)”As such, a clear definition and understanding of public land becomes imperative to securing access to land rights. One such example is the act of Amuru District Land Board allocating 40,000 hectares of land to Madhvani Group of Companies for sugar cane plantations. This allocation was made in the understanding that the land was public land. To community members this was a clear mismanagement by the land boards and manipulation of customary land rights by state institutions” (Otim, Ina & Cody, 2012)
“Lending credence to the perception of threat was highly public pressure from central government (including the President personally) for the opening up of Acholi land to investors, large-scale commercial farming, and other forms of ‘development’. From early 2007 this pressure was focused on giving land – originally 40,000 hectares, later reduced to 20,000 – in western most Amuru District to the Madhvani-owned Kakira Sugar Works Limited for a sugar cane plantation” (United Nation, 2013).
Main issues in Acholiland on land:
“Many Acholis oppose the project not only because Acholi cultural land is not to be sold, but also because many of the owners of that land are still in camps and, because of displacement due to war and the consequences, have not yet been able to return to their ancestral birthplace” (Kligerman, P:28, 2009). A World Bank report in July 2008 recommended a moratorium on land titles to investors in Acholiland until residents had residents had returned home from camps and people had been “sensitized” to land issues (Atkinson, R, 2008). The report also recommended that the government demonstrate its commitment to protecting natural resource rights (Atkinson, R, 2008); this is remarkable support for the Acholi people, particularly considering that the World Bank is one of major promoters of land privatization globally” (Kligerman, P: 29, 2009).
Insecurity when it comes to Land in Acholiland:
First one:
“Previous and on-going attempts by private individuals to acquire private interests in land which is perceived to be owned communally. Acholi leaders believe that Government is engaged in designs to help well placed and politically influential people from other parts of the country to access and enclose land in Acholi land. Common Property Resources are particularly targeted by individuals as well as government agencies” (Rugadya, P: 3, 2009).
Second one:
“Investor interest in the region; Pursuit of land access by large-scale commercial interests, speculators and grabbers was also causing tension particularly in the Acholi sub-region. The concern is that commercial agricultural interests will be cavalier in their treatment/understanding of land rights and land use issues. A number of highly publicized multiple attempts to acquire land in the sub-region presumably for investment and potential government development programmes, while some of these proposals may have been legitimate investment programmes to help re-establish peace and spur economic development activities in the region, the absence of a clear national policy and institutional framework for pursuing these initiatives has fueled the suspicion that “government” or investors as trying to usurp their land” (Rugadya, P: 4, 2009).
On Land Policy:
“Hostility towards government land policy is acute. MP Reagan Okumu asserts that there is a kind of ‘scramble’ for Northern Uganda, accompanied by a deliberate effort to deny Northern Uganda any development by scaring away investors. He says that because people in Northern Uganda are poor, whenever one flashes money around, they will sell their land at even low prices” (Otim & Mugisha, P:9, 2014).
Continuation on land and allocation of it:
“In Uganda, land is the single greatest resource for which a large majority of the population derives its livelihoods – because of the importance attached to land in all communities, conflicting interests in are unavoidable” (…)”Okoth-Ogendo describes land as a political resource which defines power relations between and among individuals, families and communities under established systems of governance” (Mabikke, P:6, 2011).
Allocation Part II:
“These land allocations dominate in the western area of Amuru district. These concessions have spurred major discussions on land grabbing in Acholi land. Central to these concerns has been highly public pressure from central government for opening up of Acholi land for “development” since early 2007 to allocate” (…)”land in Amuru district to the Madhvani Group for a large-scale sugar cane plantation. Reports from aggrieved Acholi Parliamentary Group (APG) – a group of Acholi parliamentarians accuse the GoU for assisting investors to grab land in northern Uganda. According to APG, the Central Government’s support for alienating land for commercial sugar cane farming in the north has been accompanied by powerful individuals gaining, or attempting to gain, private title to land that overwhelmingly belongs to communal landholding groups” (Mabikke, P:19-20, 2011).
On IDPs and Returnees:
“Some returnees allege that the government grabbed large tracts of their land while they were in the IDP camps and offered these tracts to private investors. For example, in March 2008, the Madhvani Group submitted an application to the Amura District Land Board for 20,000 ha of land near to the Nile River for a sugarcane plantation. The local government approved the application with an initial allocation of 10,000 ha for a period of 49 years. Some of this land is claimed by returnees. In November 2008, several parliamentarians from the Acholi sub-region filed an application in the High Court in Gulu and obtained an ex-parte (temporary) injunction against the Madhvani Group, Amuru District Land Board and other respondents for interfering or encroaching on the disputed land. In ensuing court hearings, the Amuru District Land Board was forbidden from issuing new leases on the disputed land until the hearing and determination of the main suit. As of June 2010, the suit is still pending in the High Court” (Veit, 2010).
“The Land Matrix database indicates that four large scale land deals amounting to 76,512 hectares were concluded in Uganda. In 1992, the government of Uganda signed an agreement with the Libyan government to allocate three large chunks of land, i.e. Bukaleba Beef Ranch (4,000 hectares), Aswa Ranch (46,000 hectares) and Maruzi Ranch (16, 376 hectares (Okello, 2006). Meanwhile, Egyptian government planned to establish grain farms on land totalling to 840,000 hectares (Kugelman and Levenstein, 2009) and Agri-SA holds about 170,000 hectares of arable land in Uganda (Mabikke, 2011). Similarly, the Ugandan government tried to allocate 7,100 hectares of land to the Sugar Corporation of Uganda Limited (SCOUL) to produce more sugar although the civil society resisted the allocation through massive demonstrations and appealing to donors to block the proposal (NAPE and Friends of the Earth International, 2012)” (Serwajja, 2012).
First information on Sugar factory in Amuru district:
“Box 1. Madhvani Amuru sugar works proposal:
In 2006 news began to emerge of a planned sugar works to be built by the Madhvani Group on 40,000 hectares of land in Amuru district. The proposal envisaged a joint venture between the Amuru Sugar Works (owned by the Madhvani family) and the government, with a projected cost of US$80 million (Shs 162 billion) and included construction of a factory, a power generation plant, a water treatment plant and reservoir, workshops, stores, fuel stations and administration blocks, staff housing and amenities including hospital and educational facilities, etc.34 Amuru Sugar Works anticipated employing up to 7,200 people (25 foreign and the rest local) directly at the factory and some 5,000 on outgrowers’ farms, providing a livelihood to around 70,000 people in total. Five villages to accommodate 200 farmers each were to be built in the nucleus estate. In these villages, farmers would benefit from education and health services, while extension and credit services, agricultural equipment for land clearing, ploughing and furrowing, and a development fund would be used to support outgrowers. According to the proposal, 200km of road network would be built on both the nucleus estate and surrounding areas.5 Despite the proposed benefits of the project, a political storm over the proposal quickly grew, with the Acholi Parliamentary Group (APG), under the leadership of MP Hon Livingstone Okello-Okello, arguing that the investment should not proceed until all internally displaced persons (IDPs) had safely returned and that the required land of 40,000 hectares was too big to be given out for a single investor, since the population was growing fast and in the process of returning from camps.6 Madhvani Group representatives, accompanied by President Yoweri Museveni, visited the north at the end of 2007 in a bid to gain support for the project. Museveni asked the Acholi paramount chief, His Royal Highness Lawii Rwodi David Onen Acana II, to undertake a consultative process by setting up a committee to assess the land in question, research the sugar industry and gather community views. The proposal has subsequently been reduced to 20,000 hectares for the nucleus estate and 10,000 for outgrowers. In July 2008 newspapers reported that during a meeting organised by the APG, residents resolved unanimously not to give their land to any investors. Most recently, following dissatisfaction regarding the ruling of the Amuru Land Board in favour of the Madhvani Group, a group of residents from Amuru district, led by MP Hon Simon Oyet, secured a court order stopping any transactions on land in the district, with the deputy paramount chief of the Acholi, Rwot Otinga Otto, calling on clan leaders and cultural heads to resist giving land to Madhvani if they are not consulted, saying: ‘Just rise up against whoever gives away land without your consent’” (International Alert, 2009).
The background to deal:
“The first public indication of Madhvani’s interest in a sugar cane plantation in the ‘north’s central part’ of Uganda – that is, Acholi – came in a New Year’s Day New Vision Business article, ‘Madhvani to set up second sugar factory’ (1 January 2007) . By July, this interest had become specifically identified as a 40,000 hectare tract of land in Amuru District – see, for example, two New Vision articles from 30 July 2007, one from the Local North section, ‘Acholi MPs asked to support sugar factory’, the other an Opinion piece by Gulu District
Chairman, Norbert Mao, ‘Sugar is sweet but Acholi cannot afford a raw deal’. It is important to note that the land sought by Madhvani is situated in an area cleared of people by the colonial government almost a hundred years ago and made a game reserve. But evidence of various Acholi group’s historical claims to customary land in the area, and its continued use through most of the 20th century for hunting by groups with recognized customary rights is extensive. It is also worth noting that this is also a part of Amuru where preliminary research indicates possible oil reserves, and where Government has given out licenses for oil exploration – as confirmed in a letter dd. 4 September 2008 from Daudi Migereko, the Minister of Energy and Mineral Development, in response to a request for information on the matter by J.J. Okello-Okello, Chairman of the Acholi Parliamentary Group” (United Nation, 2013).
“The project entails acquisition of 40,000 hectares of land in perpetuity and at zero cost, implicitly the people of Lakang are meant to give away the land for development of the sugar industry. Half of the land, 20,000 hectares, will be used to establish a central business district (nucleus estate) of the factory that will entirely be under the management of the Madhvani Group and the remaining land will leased to the communities to grow sugarcane under the out-grower scheme. At the same time, the Madhvani Group will acquire a title deed to the land in question (40,000 hectares) in a quest to secure additional funding of about US$50 million from the African Development Bank” (Serwajja, 2012).
“A review of the feasibility study report for proposed sugar project in Amuru district revealed that the area was preferred because of availability of permanent source of water which would provide water for irrigation and proposed factory. The proposed project is located about 6 kms is near the river Nile. Other suitable conditions for sugar cane growing identified included suitable topography with undulating plains, reliable rainfall of 1029 mm annually and fertile soils (sandy clay loam and loam) and availability of spear type of grass which is easy to clear (Madhivani Group March 2007). For the investors acquiring land from the UIA, they had to ensure that the land had no conflicts. For investors who acquired land from the UIA and DLBs, there are guidelines that prescribe all the processes for acquisition” (…)”In Amuru district, an investor had fenced off land cutting off adjustment villages from a health centre and a weekly market. Similarly, in the Kaweeri coffee plantation, the community complained about restrictions of movement through the plantation to access their villages. Since part of the process of land acquisition does not require understanding a gender analysis, its implications on women and men will not be understood and therefore such scales and effects will not inform planned actions“(Kanyesigye, P:13 & 15, 2014).
On the 11th December 2014 Attorney General Peter Nyombi wrote this in a letter:
“In a cabinet meeting presided over by H.E. the President, while briefing cabinet on the progress made so far by regarding the above project you informed cabinet that the survey of the project land would be done after the by-elections in Amuru District” (…)”Could you therefore have the land surveyed and the occupants of the same established and their property on the same recorded and valued so that the project can go ahead” (Nyombi, 2014).
Two other cases:
First case:
“According to the minister’s letter dated 7th January 2008, Major General Julius Oketa had applied to be issued with a certificate of title for approximately 10,000 hectares of land located in Amuru district for a sugar industry. The letter shows that there was no functional
Area Land Committees (ALC) in place which would inspect the land before issuing the title” (Mabikke, P: 20, 2011)
Second Case:
“A similar case of alleged land grabbing is cited in the petition presented to the Speaker of the Parliament, filed by Hon. Okello-Okello John Livingstone – chairman APG. Okello reported several attempts of land grabbing involving senior government officials in northern Uganda.
In 1992 the GoU signed a protocol with the Government of Libya giving away the following large chunks of land namely;
• Bukaleba Beef Ranch 4,000 hectares,
• Aswa Ranch 46,000 hectares
• Maruzi Ranch 16,376 hectares” (Mabikke, P:20, 2011).
A third case:
“The case of land in Apaa Village (Amuru District) illustrates the suspicions of local people concerning the acquisition of large tracts of land. In 2005, when people were still living in the camps, land was given to Bruce Martin from South Africa who was investing in game reserves for sports hunting. When resistance from the community intensified, it is claimed that the government changed tactics and asked the neighbouring district of Adjumani to contest ownership and claim that this land actually lies within Adjumani District. The Adjumani District authorities then passed a council resolution giving the land away to the ‘investor’. Some participants in this research argued that the boundaries between the two districts of Adjumani and Acholi are clear, and that some district politicians are manufacturing the boundary conflict. During an interview with the District Chairperson of Adjumani, he showed a map of the area in dispute claiming the area belongs to Adjumani District” (Otim & Mugisha, P: 8, 2014).
Fourth Case:

On the 9th of September of 2015 the police arrested the Amuru MP Hon Gilbert Olanya. Residents has reacted to buy of land and grabbing of Apaa village. The Villages and the MP was forced into the Police car even with the NTV camera crew in the place.
The TDA press release said this: “Three people are now confirmed dead by sources in Apa. Several people suffered grave injuries and are being treated at Amuru health centre. The Member of Parliament Gilbert Olanya was arrested and is believed to be detained in Masindi police station” (Minbane, 2015).
Afterthought:
I think I have said enough. If you’re not enlighten and gotten more clear information on the subject and the issue that these people are living through, then I am sure you should read more reports and dwell on the matter at hand. It is a sensitive matter that by my reckoning hasn’t been dealt in the best way. The arrangement and deals has been beneficiary for the government and state institutions, but not in favor of the demand in the districts. Also it has not put into an account what the local area needs or settlement of the IDPs after the long war in the war-torn area of the Northern Uganda. So many people are still in tents in the camps instead of building themselves into a stabile life. That is really growing prosperity and not just short and quick bucks with the sale of big areas located to foreign and not local merchants. Also fertile land is being sold to either facilitate a giant sugar-factory or as another big time deal to become hunting grounds instead of a place where the citizens can live and earn a livelihood. When this kind of actions happen from the government officials in Kampala and not directly with due diligence locally, then there will be frictions and anger towards the men who gave the businessmen the opportunity to occupy the lands. There are already as seen in many of the reports many smaller incidents between neighbors and family members to allocate lands in the Amuru and Adjumani district. Therefore this will be a sensitive issue that will not be over, especially not over until the next sunset. There will be many moons and even more hot air before a certainty is there. Especially when the Government overrules and sells the land without doing proper procedure and allocations, without checking the status of the area as it unfolds. They the government officials are just pocketing money quick and then send police to get rid of those who live there. At the same time having citizens in the camps as IDPs without a possibility to land and harvest, to find work to sustain them and live. That should have been the priority and not the businessmen from a far. Which is also the main reason why the locals reacts that strongly towards this land grabs and how they feel overrun and not listen to by the powers to be. In this case of the Government of Uganda and their LDC and certain ministries that have put the allocations into effect. An in this particular cases might put the quick monies before the additional and usually most important feature of any government institutions the people and the citizens before the contracts of selling the lands. Henceforth it’s understandable why people react and demonstrate when they feel wronged by the ones that supposed to serve you and secure security and care so you earn your livelihood. And that shouldn’t be too much to ask from the NRM-Regime, though it seems more likely that the big sums of monies matter more than the public reactions at this present time. Also that the continuation of disfranchising the northern districts of Uganda continues, especially with the Oil findings in Western/North Western Uganda – Bunyoro while Amuru and Adjumani will lose more to that area than even before. Peace.
Reference:
Kanyesigye, Juliet – ‘Hearing the other Voice: Investor perspectives on Protection of Women’s Land Rights in Large scale Land Acquisition in Uganda’, Submitted to the World Bank Conference 2014 on Land and Poverty 23-27th 2015, Washington D.C.
Kligerman, Nicole – ‘Alienation in Acholiland: War, Privatization and Land Displacement in Northern Uganda (2009)
Langoya & Ochora Odoch, Walter – Gulu District Local Government – ‘District State of Enviroment Report (2005) – Gulu, Uganda
Mabikke, Samuel B – ‘Escalating Land Grabbing In Post-conflict Regions of
Northern Uganda: A Need for Strengthening Good Land Governance in Acholi Region’ (08-11.04.2011) – Paper presented at the International Conference on Global Land Grabbing, University of Sussex
Minbane – ‘Press Release: TDA condems the violent and forceful eviction in Apa Uganda’ (08.09.2015) link: https://minbane.wordpress.com/2015/09/08/press-release-a-condemns-the-violent-and-forceful-eviction-in-apa-uganda-08-09-2015/
Northern Uganda Land Platform – ‘Power & Vulnerability in land Dispute Resolution – Evaluating Responses to Domestic Land Grabbing in Northern Uganda’ (Lira, May, 2014)
Nyombi, Peter – ADM/7/168/01 – ‘Re: Land for the Sugar Project in Amuru District’ to Hon. Daudi Migereko, Minister of Lands, Housing and Urban Development, Kampala
International Alert – ‘Contributing to a Peace Economy in Northern Uganda:
A Guide for Investors’ (06.2009)
Rugadya, Margaret A. – ‘UNVEILING GENDER, LAND AND PROPERTY RIGHTS IN
POST-CONFLICT NORTHERN UGANDA’ (November, 2008)
Serwajja, Eric – ‘The Quest for Development Through Dispossession: Examining Amuru Sugar Works in Lakang-Amuru District of Northern Uganda’ (17-19.10 2012) – Land Deal Politics Initiative (LDPI)
Otim, Denis Barnabas, Ina, Jahn & Cody, Emily – Refugee Law Project MUK – ‘Conflict Watch: “Land and Investment” – Balancing Local and Investor Interest’ (August 2012)
Otim, David & Mugisha, Police Charles – Saferworld: ‘Beyond the reach of the hoe: The struggle for land and minerals in Northern Uganda’ (April 2014)
United Nation – ‘LAND CONFLICT MONITORING and MAPPING TOOL for the Acholi Sub-region – Final Report March 2013’
Veit, Peter – ‘Focus on LAND in Africa – Breif: CONFLICT, DISPLACEMENT, AND LAND RIGHTS IN UGANDA: Uganda’ (December, 2010)





















