Today the legal-team of Dr. Kizza Besigye entered the Kasangati Magistrates court to continue the petition and filing of the case against the state and police house-arrest of his home in Kasangati, as it has been mid-February.
Witness comment on the matter today:
“Kasangati court has once again adjurned the ruling of the case in which Dr. KIZZA Besigye through his lawyer David Mpanga file a case against Inspector general of police and Regional police commader Kampala North to tommorrow ( tuesday) 10 am Kizza Besigye’s lawyers want court to order the with withdraw of police from Kizza Besigye’s home. This was after Prosy Katushabe the Kasangati court grade 1 magistrate over ruled the objection of state attoney calling for dismissal of the case. The magistrate gave Kizza Besigye’s lawyers to make their final submission by today 2pm. Hundreds of Besigye and FDC suppoters had thronged the the Kasangati court to witnessed the outcome of the court ruling”.
Lukwago and legal team visit Besigye’s home:
“At Dr. Besigye’s residence with Hon. Latiff Ssebaggala, Hon Kassiano Wadri and counsel Shifrah Lukwago. The Kasangati Chief Magistrate has overruled the state objection to Dr. Besigye’s application challenging the continued incarceration at his home and ordered the matter to be heard on merit. The final ruling shall be delivered tomorrow at 10am. The struggle continues”
Also the car of Dr. Kizza Besigye has been returned after being under Police custody for three weeks, and as the Kizza Besigye and fellow friends look over the car, they found that the Police had made new finishes to the car and added spy-ware and tracking devices to the car. As the criminal and fugitive they act as he is, as the Government and the Police still have him under house-arrest, keeps arresting fellow opposition activist as they are supposed in the Supreme Court Petition of Amama Mbabazi these days.
The Democratic Alliance (DA) calls on the Public Protector, Advocate Thuli Madonsela, to launch an investigation into the alleged abuse of executive power by President Zuma, relating to the manner in which at least one ANC member was offered a cabinet position in exchange for committing to make Gupta-friendly executive decisions.
This follows revelations earlier this week by the former chair of Parliament’s Portfolio Committee on Public Enterprises, Vytjie Mentor, who revealed that she was offered the job of Minister of Public Enterprises by the Guptas on one condition: she “drops the SAA flight-route to India and give to them”. Mentor further alleges that President Zuma was on the Guptas Saxonwold premises at the time, in a room next door.
This voluntary disclosure by Mentor is part of an ever-growing list of ANC members who have publically admitted that they have been approached by the Guptas, including Deputy Finance Minister, Mcebisi Jonas, Public Service and Administration Minister, Ngoako Ramathlodi and former Public Enterprises Minister, Barbara Hogan.
These revelations directly implicate President Zuma, and after laying criminal charges against Atul and Ajay Gupta yesterday, it is our view that the Public Protector is most appropriately suited to deal with the matter at hand in relation to President Zuma.
The DA contends that the Public Protector should investigate whether President Zuma violated Paragraph 2(b) of the Executive Ethics Act by:
(iii) Exposing himself to any situation involving the risk of a conflict between his official responsibilities and his private interests;
(iv) Using his position or any information entrusted to him, to enrich himself or improperly benefit any other person; and
(v) Acting in a way that may compromise the credibility or integrity of his office or of the government
We trust that the Public Protector will take swift action and begin an investigation as soon as possible. Individual members of my caucus will also, where applicable, be lodging complaints with the Public Protector in respect of individual ministers who are in possible violation of the Executive Ethics Act.
In addition to this, I will be asking parliamentary questions to all cabinet ministers, to ascertain whether they or their the Deputy Minister(s) have ever met with any member of the Gupta family or attended any meetings at the Saxonwold Estate in Johannesburg since taking office; and if they have, what the details of each meeting was.
I have also already moved a substantive motion in the National Assembly (NA) requesting that the House establish an Ad Hoc Committee to investigate the close ties between the Gupta family and President Zuma, including their alleged involvement in the capture of State resources and their undue influence over the Executive. I will move to have this motion debated in Parliament’s sitting on 17 May 2016, and for the National Assembly to vote on this matter in that very sitting.
South Africa cannot afford to have the Gupta family using the South African government to further their own business interests. It cannot be that President Zuma’s close ties to one family are overlooked when these ties result in undue influence over government business. 8.2 million jobless South Africans deserve better.
Kasangati Magistrate Court yesterday Ajured the case, today they put a Pro Bono day. That means that the officials say they work for free this, in the UK a Pro Bono is a volunteer act for the public good. From Wikipedia: “A judge may occasionally determine that the loser should compensate a winning pro bono counsel”. That is a compensation of a losing case so that they get counsel, but the court of Kasangati called it Pro Bono Day, meaning that they don’t need to work the case, but giving the lawyers of FDC and Dr. Kizza Besigye compensation as Pro Bono, for the common good. Though it is literally one thing, stalling of time…
As the Legal-Dictonary.theFreeDictonary states:
“pro bono: adj. short for pro bono publico, Latin “for the public good,” legal work performed by lawyers without pay to help people with legal problems and limited or no funds, or provide legal assistance to organizations involved in social causes such as the environmental, consumers, minorities, youth, battered women and education organizations and charities”.
So if the Kasangati court would do the public some good, they woudn’t do what they did today, with stalling the case another day. Here is from the official!
From the FDC:
“Disappointing..that officers of court should use technicalities to perpetuate abuse of individual’s rights. The police chief isn’t untouchable, can be sued. “ -Mr. Daudi Mpanga, Barrister for Dr. Besigye. Dr. Besigye’s case adjourned until Monday because it’s pro bono day”.
From Erias Lukwago today:
“With the Court Of Appeal Justice, Remmy Kasule and Madam Ruth Ssebatindira at the Uganda Law Society probono day at the Railway Grounds this morning. It’s a day where members of the legal profession offer free legal counsel to the indegents and renew our commitment to uphold the values of eqity and social justice”.
So Yesterday the Kasangati Court said the government needed more time, today they have only volunteers and can’t address the case, a Pro Bono litteraly means, but the government has enough resources to keep the Police and Military Police around his house, his area and roadblocks from Kampala as we speak, and get everybody interviewed, filmed and recorded before entering the gates of Kasangati, as the House Arrest continues. That is acceptable in the state of Uganda, as President Museveni continues to linger in power and keeping innocent men in jail and house-arrest without charges or reason for the arrest. A continuation that has been steady since before Election Day on the 18th of February 2016 and seem to go on until the swearing-in at this point.
That being said as a reminder of the lawfulness of the Kasangati Court as they work with orders from above, not from following the law for preventative arrests or anything else, that specifies time for it and release of the prisoner, as they have never taken away that Colonial law as the Government of Uganda has the need for it, it seems. Peace.
This happens in the same time period that Gado the cartoonist at Daily Nation has been under fire for his cartoons of Kenyatta and later was finally sacked for a cartoon mocking President Museveni. So there were already issues between editorial freedom and the government control of media in Kenya under President Kenyatta, as this story will show.
Denis Galava the former editor Daily Nation who got fired for speaking up towards the President of Kenya Uhuru Kenyatta. This here is outtakes from his affidavit and is interesting as he was fired or sacked in the end of January 2016. The gaging of Kenyan Media comes to the surface and makes an impression!
Problems of November 2015:
“Earlier in November, the Editor-In-Chief called me to his office for what I presumed was a routine discussion on the investigation docket. We had lined up stories on Eurobond, Jubilie’s Mega Scandal, the death of the manufacturing sector and the collapse of the coffee sector. While not disagreeing with the merit of the stories, he said timing was tricky. For that the Aga Khan was scheduled to visit Kenya in December 2015 as a State guest and the presidency accused the Nation of malice for interesting scandals in government” (…)”Mr. Mshindi also asked me to ask popular Saturday Nation columnist David Ndii to stop writing about Eurobond and NYS Scandal because of his provocative analyses had angered the government and cost the company business. I out rejected the proposal, saying the columnist had struck in the letter and spirit contract of his contract and the reputational damage of us gauging him was not worth the risk” (…)”And the Editor-In-Chief, instead of defending our editorial independence, had chosen to gag us” (…)”My experience with the senior editors and we concluded that the Editor-In-Chief had privilege political sensitivities and personal biases over good journalism”.
How it all started:
“Completed the Editorial at 05:30pm and alerted the acting editor of Saturday Nation to revise it. He told me it was hard-hitting, but truthful. Since the paper was in the midst of a staffing crisis, I also took on a few other tasks that evening – editing the special reports section and ‘Page one’. I left shortly thereafter for the night” (…)”Woke up on Saturday morning to a social media fest over the editorial” (…)”Around midday, the Group Managing Editor (GME) Weekend editions called saying the editorial was hard hitting but objective. He received many calls, most compelling the Nation for finally speaking truth of power and a few from State House officials saying that the editorial was a declaration of war against the president”.
This continued with reactions from the State house:
“It also learnt that there had been a call from a senior State House official later that afternoon which was to be the first rumble the thunder in the brewing storm. The official asked why the Nation was ambushing the President in the New Year. He said the President was angered by the Editorial and intended to take it up with the Nation’s founder, the Aga Khan, who had been a state guest at the 12. December 2015, Jamhuri Day celebrations”.
State House Kenya
Calls on Sunday:
“the calls had become more frantic in tone. I learned from the GME Weekend Eric Obino that the Editor-in-Chief Tom Mshindi had called him from India saying the government had threatened serious sanctions over the editorial. That NGM board chairman Wilfred Kiboro and called and also written to the CEO Joe Muganda and Mr. Mshindi demanding immediate action to appease the government. Matters were complicated by the fact that for three years, the Nation board and the local Aga Khan network had been trying to reach out to State House in vain”.
On Monday:
“The Acting Saturday Nation editor Kariuki Waihenya and GME Weekend informants told me they had received emails from the editor in chief asking them to show cause why disciplinary action should not be taken against them over the publication of the editorial”
On Thursday – 5th January
“That morning, the HR director returned from leave for a conference call with the Editor-in-Chief, who was in India, and two Group Managing Editors for Weekend and daily editions (Mr. Obino and Mutuma Mathiu, respectively). After the discussion, the acting editor for Sunday Nation was given a first warning letter over the editorial, while his Sunday counterpart was also cautioned over the cartoon published on the January 3 that infuriated State House”
Later on the same day after picking up and taking his niece to school he got a call:
“the GME Weekend editions called asking me to join him at the responding to mounting fury, added to the prevailing bewilderment. According to his statement expressing the official position of the paper, I had not been suspended but rather advised to stay away for a few days”
On Friday – 6th January:
“the BBC interviewed Mr. Muganda over my suspension. Mr. Muganda said I been suspended for not following procedure in writing the editorial and went ahead to compare me to a bank teller who steal cash”.
On Thursday – 14th January:
“the HR Manager in charge of editorial Ms Jane Mkituri(Not sure) called me to invite me for a disciplinary hearing at 2pm on January 18. She also invited me to respond in writing to the issues raised in my suspension letter”.
On 18th January:
“In my response letter dated January 18, I protested that the procedures and guidelines referred to in the suspension letter were communicated to me for the first time in the suspension letter” (…)”While I had in the past either written or authorized editorials based on my judgement, the issue of procedure had never come up”.
Reaction to the letter:
“I was surprised to learn that two hours after submitting my response stating from there were no written procedures for editorial writing, the Editor-in-Chief issued – for the first time – comprehensive guidelines and timelines for writing editorials”.
On the disciplinary hearing:
“I was surprised that I had to defend myself to the very people who has accused me and suspended me unheard – the Editor-in-Chief, GME Weekend, HR Director and Company Secretary (Mr. Joseph Kinyua). I had expected a different, independent panel compromising at least one peer and individuals unrelated to the suspension the law states” (…)”The hearing turned out to be more of a dialogue of the deaf than even my initial cynicism anticipated” (…)”Every question started and ended with the word procedure, with an occasional dose of “disrespecting the presidency and endangering company business”. In 58 minutes, the duration of the hearing, I repeated 17 times that I not flouted procedure since, in actuality, there was no procedure to flout”.
The answer on the matter at the hearing:
“A panelist offered that he would be more cautious if he were in my shoes. Here I stood, he added, both having upset Kenya’s President and the Aga Khan, and risked the business of the paper, and yet here I also stood seeking justification rather than groveling for mercy”.
Continued part of the hearing:
“I explained that this section spoke of content and not procedure. None of the panelists cared to listen to me” (…)”Pushing the file I had given him aside, the Editor-In-Chief said I had hurt him, the tone of the editorial was disrespectful and it was risked the company business. The Company Secretary weighted in with similar comments, adding that this was the most disrespectful article on the presidency he had ever read and that I should be apologizing instead of defending the indefensible”.
Later on the 20th January:
“About 10am on Wednesday, January 20, the HR Director called and asked me to see him in the office at 4pm. He gave me the termination letter for “willful disobedience of the covenants and laid down process and procedures”. I protested this was unfair because in whole of my career at Nation”.
Together with the Gado sacking and this story of how the Editor-In-Chief dedicated the stories and silenced the newspaper and their columnist to fit the State House,is a worrying sign when we think about the up-coming elections in 2017.
That the media have to worry about writing articles to step on their toes and not be able to make stories that they can cover, as the President and his advisor will call the Nations Editor-In-Chief or CEO. As the State House want the investment from the Aga Khan and the State House want to look decent, and not have the story of corruption or scandals out! Peace.
Today President Jacob Zuma once again treated Parliament as his very own lapdog, by avoiding accountability on the question of whether the Gupta family and others played a role, directly or indirectly, in the decision to fire former Finance Minister, Nhlanhla Nene, which sent the country’s economy into a tailspin.
My specific question to the President was whether he consulted any person before the appointment of Mr David van Rooyen as Minister of Finance on 9 December 2015, and removal of Mr van Rooyen as Minister of Finance three days later.
The President completely avoided answering the question of whether he in fact did consult anyone, and instead quoted sections of the Constitution which empower the head of executive to appoint and dismiss cabinet ministers.
In addition to this, the President then astonishingly implied that his decision to fire former Minister Nene had a negligible impact on our economy and the tanking of our currency, as the rand was “already in decline”.
This blatant untruth is a slap in the face of the 8.2 million jobless South Africans whose hope of finding a job is continuously undermined by decisions such as this one made President Zuma and his government.
When I pressed the President on this point, I was asked by the Speaker of the National Assembly, Baleka Mbete, to leave the House. This is yet another chapter in the story of the how the ANC in Parliament protects Jacob Zuma at any cost.
The Democratic Alliance (DA) will not relent in seeking answers to this ever-mounting Gupta saga.
I have already moved a substantive motion in the National Assembly (NA) requesting that the House establish an Ad Hoc Committee to investigate the close ties between the Gupta family and President Zuma, including their alleged involvement in the capture of State resources and their undue influence over the Executive.
Parliament must play its rightful role in holding executive power to account.
The Motion that Mmusi Maimane put forward yesterday:
Finally released, though 11 days without “charge” for carrying Candidates Declaration Results forms that says the Polls and votes from Poll Stations in the area. That Darius Tweyambe, the FDC Official in Rukungiri was detained for collection DR Forms, not inciting crime! That is what the Police Force in Uganda are doing and getting away with! Nobody is saying anything or addressing the matter.
“Dr. Kizza Besigye talks about his experience under house arrest by Uganda police, his typical day, way forward for his supporters” (Uganda Live TV, 2016)
“Legislators are lobbying the Speaker of Parliament Rebecca Kadaga to recall all sitting legislators attending NRM Kyankwanzi retreat to complete the unfinished parliament business before the end of tenure. The legislators believe the sitting MPs need no induction at Kyankwanzi National leadership Institute rather and should be left the new entrants. The legislators also want an explanation from government on the continued presence of soldiers on the streets of Kampala, Kololo Airstrip, Mengo amongst other areas in the City. During the same sitting, legislators grilled the State Minister for Finance Fred Omach for illegally presenting the 2016/17 Policy financial statement for the Financial Intelligence Authority after the expiry deadline of 15th of March. In the same way, Serere District Woman Member of Parliament Alice Alaso raised a matter of national importance to house where her supporters in the constituency are allegedly being harassed by the security operatives” (NBS TV Uganda, 2016)
Here is Rwandan’s Counter-claim to the Burundian pick-up and reports of the arrest of Corporal Rucyahintare Cyprien. That the Rwandan news company The New Times, claimes is wrong. We can question who is right, is it the Burundian who wants evidence of Rwandan involvement in counter-intelligence in their country? Or is it Rwandan interest to counter-address it and say the “Spy” is lying. Hard to know whom to believe as the UN report told that the Rwandan Government we’re training militias. When Government of Burundi affirming it, and the Government of Rwanda saying it was not true.
This is the second of these between the countries. First the militas, now the spy case. Wonder what is next, do you? Peace.