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Zambia: ZESCO – Increased Load Management Hours due to Equipment Maintenance (17.10.2019)

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Uganda: Letter to Dr. Rose N. Lukwago – Interdiction from Exercising the duties and functions of your office (11.10.2019)

Opinion: Mzee suspends the use of Penal Code Section 167, but his not repealing it or amending the law!

President Yoweri Kaguta Museveni have ordered the Police Force to stop arresting people for being “idle and disorderly” and also release them. Especially, the ones taken in by the Kampala Capital City Authority (KCCA) enforcement. The President want their prosecution discontinued and also stop arresting illegal traders there.

This is clearly a mission from the President who orders this, but if the Republic is supposed to be a land of law and order. Than, the President should get some of his minions to repeal one of his colonial laws, which he has kept and used when in need. Now, his saying the Police Force should stop using it. I will first show, the Penal Code part, which is used and a little history behind why its there today.

The Penal Code Section 167. says:

Idle and disorderly persons.

Any person who—

(a) being a prostitute, behaves in a disorderly or indecent manner in any public place;

(b) wanders or places himself or herself in any public place to beg or gather alms, or causes or procures or encourages any child to do so;

(c) plays at any game of chance for money or money’s worth in any public place;

(d) publicly conducts himself or herself in a manner likely to cause a breach of the peace;

(e) without lawful excuse, publicly does any indecent act;

(f) in any public place solicits or loiters for immoral purposes;

(g) wanders about and endeavours by the exposure of wounds or deformation to obtain or gather alms” (Penal Code Act of 1950).

Short history of the Penal Code:

As such the Africa Order in Council, 1889 was applied to it. Under this Order in Council, statutes of general application in Britain at the time applied to Uganda. One of these was the ‘Idle and disorderly’ Act, 1824. In 1902, the Uganda Order in Council gave powers to the Governor to make laws that apply to the protectorate. The governor passed the Applied Indian Acts Ordinance in 1907, which made the law applicable to India at the time applicable to Uganda. Thus Uganda started using the Indian Penal Code, 1860 until 1930 when the Uganda Penal Code Ordinance was introduced. The Indian Penal Code did not criminalise idle and disorderly conduct or being rogue and vagabond. Similarly, the 1930 Penal Code Ordinance did not criminalise being ‘idle and disorderly’. The criminalisation of both ‘idle and disorderly’ and ‘rogue and vagabond’ was introduced under the 1950 Penal Code, which is still the Penal Code Act in force today, now designated as the Penal Code Act, Chapter 120 of the Laws of Uganda, 2000” (HRAF – ‘ THE IMPLICATIONS OF THE ENFORCEMENT OF‘IDLE AND DISORDERLY’ LAWS ON THE HUMAN RIGHTS OF MARGINALISED GROUPS IN UGANDAP: 23, 2016).

So, now, the President is now suspending the arrests of the idle traders and other people taken by the section of society, which the KCCA and Police Force deems them as “idle and disorderly”. This is part of the Penal Code, which has been historically used by the state to restrictive laws of society control. However, the state has kept it, because its a useful tool by the state.

Now, the President suspend it and stops the Police from using it. However, the law is still enforced, unless the National Resistance Movement or some MPs are amending it or repealing this law. Therefore, the act of the President today with ordering the UPF to suspend doing it. Can only be seen as a temporary suspension or even a PR stunt. Because, the law is still enforced. The law is still active.

This means, the state can still use the law, even if the President has sent a circular and order from above. The law is still there and looking at the public. The Colonial heritage is still there and the usage of it is still common practice. Just wait to the campaign season and general election in 2021, the state will use the Penal Codes like no tomorrow. Peace.

The Tanganyika Law Society: Press Release – Re: TLF Governing Council Statement Powers of the Chief Justice and High Court Judges to suspend Advocates under the Advocates Act Cap 341 RF 2002 (26.09.2019)

Hoima By-Elections: Into the darkside.

Just as the reports of a shift of results going from the joint opposition candidate running on Forum for Democratic Change (FDC) versus National Resistance Movement (NRM) for Woman MP in Hoima District.

However, as the counting is going-on in darkness and the uncertainty follows. Nyakato Asinansi (FDC) was looking well earlier in the day. However now hours later, the NRM Businge Harriet. There is report of children been voting at the polls, pre-ticked ballots and several of opposition activists and coordinators arrested today. The biggest one today was FDC Deputy Secretary Harold Kaija.

We cannot know the result before the declaration form from the Electoral Commission, but how we can verify that, as the EC and the officials are doing it in darkness. They are doing it, as the opposition are behind bars. There even been speculations of the arrest of Woman MP candidate for the FDC. There is no verification of Nyakato being arrested, but there others.

We know the state has used their resources on this and doesn’t want to loose. As they have spent the Special Force Command, the Military Police and the Police Force in favour of the NRM. The same with the DPC and RDC working in favour of the state. The same usage of government officials cars to spend money on voters and buying voters.

It is like all the tricks are out. They are only missing the Kiggundu math. We can anticipate by tomorrow morning and altered result in favour of the NRM will happen. The stakes been so high and the reason why the opposition cannot follow-up on it, because their high ranking officials are arrested. This is something that never happens to the NRM, because they are the state who arrests the opposition. Did you see, that yes you did.

This is not a free and fair election. Not that its been from the get-go. There been tear-gas, been blocking opposition on the radio channels and journalists arrested for monitoring the elections. It is a merciful thing, that the CCEDU have been allowed to monitor it this time.

When, the counting is continuing like this, it is hard to trust it. As well, as the state are not giving way to the opposition. They cannot make a fair fight, not in the polls and not during campaigns. Especially not behind bars. If the NRM believed they would win this fairly, they wouldn’t have done this. But, alas they got to be deceiving…and rigging like their is no tomorrow. Museveni of 1980 must be so proud of himself.

The is the prequel to the shady 2021 election. Which is coming and with a bang. Peace.

South Sudan Opposition Movements: Declaration of Principles – “Launching the New Vision of Hope and Transformation in South Sudan” (30.08.2019)

Parliament Reports shows Gen. Tumwiine lack of discipline!

Who is the Speaker? Who is she? What is Parliament? The Speaker rules over Parliament. She does not rule over Uganda. This Country was liberated by the military but not her Parliament. Do not tell me about your Speaker and about your Parliament. The army cannot be directed by civilians.– Gen. Elly Tumwiine on 23rd July 2019

We knew something was up as the reports of the altercation in parliament between Hon. Cecilia Ogwal and Gen. Elly Tumwiine on the 23rd July 2019. What went down where not been sure of, but what the reports are stating and the recommendation from the majority shows why these sorts of things has to be sorted out correctly.

Because, there is always to side to every story and by all means, the culprits, the ones charging against someone. Always or most likely want to look more innocent or more nicer, than they really was. Secondly, in this narrative as the story progress, the historical and the title of Tumwiine comes to haunt his actions. His a many of the army, the rebel outfit NRA and acts like a intolerant rascal. Which is not a good look, especially if his so proud of being an army man. Than, he should keep his cool and show finesse. Alas, that is not the case with an entitled man, who cannot come under question.

That is why these parts of the reports is striking to me. As they show the intent and also the reasons why Tumwiine lack discipline and needs to be reprimanded by the Parliament. Which is a bad look for a General and some of his stature, shows that his not that great after all.

Key aspect of Minority Report:

Hon. Cecilia Ogwal while in the committee averred that Gen. Elly Turnwine attacked her while sitted in the parliamentary lobby in the presence of some members of parliament. She further contended that the General pointed a finger at her and said “You are a liar, I have never pointed a gun at you”. That the General left and shortly came back and repeated the same words. That Hon. Gen. Elly Turnwine being a General of the UPDF, she apprehended fear for the safety of her life and the entire family” (Minority Report, 2019)

Key aspect of Majority Report:

Hon. Ogwal statement – “On what Hon. Gen. Tumwine said to make her feel threatened, she responded that, He said: ” You are lying, I did not pull a gun at you. You are a liar.” She also informed the Committee that his body language obviously displayed fury and agitation which scared her and the people around her. They anticipated a physical attack. She further said that if anything happened to her or any of the members of her family she would know that Hon. Gen. Tumwine was involved. She wondered why he would attack her twice with no provocation. She informed the Committee that she felt her life was threatened by the assault of a top military leader, aware of the fact that in the recent past many prominent Ugandans have been killed in unclear circumstances in this country. Her health was also affected as indicated by her blood pressure which continued to rise and could be controlled by medication since the incident of 23rd July 2019” (Majority Report, 2019).

Hon. Gen. Tumwine was pointing at Hon. Ogwal and leaning over her. He was almost poking her eye. Hon. Adong said she was so scared, more so with the fact that she grew up during the wars in Northern Uganda” (Majority Report, 2019).

Conclusions:

The House adopts the resolution to reprimand or admonish the Member; The Member to be reprimanded or admonished is ordered by the Speaker to stand at the Bar of the House. In the event that the Member is not in the Chamber at the time, the Member may be called in to receive the reprimand or admonition forthwith, or may be ordered to attend the House the following day or some later day (except if the House chooses to reprimand the Member in absentia). The Committee’s recommendation that the Member stand at the Bar is based on the precedent set by Rule 90(2)of our Rules of Procedure, where an apology is made at the Bar” (Majority Report).

Now we have to wait and see if Speaker Kadaga will force an apology out of the General. That would show some real character of him. Not that it suits him or his ego, but surely would show some humility. Which is not a word I would commonly use for a man Elly’s stature. Because, his more ruthless and direct. He doesn’t spare anyone and everyone should be his servants.

That is why his addressing the rest of the Parliament as mere civilians, who shouldn’t dare to insult his authority as the army of both liberation and now currently safeguarding the public. That is the sort of man Tumwiine is.

We can clearly see that Majority is displeased and concerned by the actions made by Tumwiine, which acted as brute within the chambers of Parliament. Instead of feeling the room, he went straight for Hon. Ogwal. Which even intimidated the ones around her. That shows what sort of play he did. That is why he should think of his actions and his words. Because, they matter and causes a stir. He could show finesse, could show character, but don’t expected.

His NRA entitlement will overboard any civility out of a man like Tumwiine. He will only loot, conquer and eat. He will not do an apology, unless the President sends him a order to do so. Peace.

Reference:

The Parliamentary Committee on Rules, Privileges and Discipline – In the Matter of Hon. Cecilia Ogwal and Hon. Atkins Katusabe Versus Gen. Elly Tumwine (25.08.2019)

Parliament of Uganda – REPORT OF THE COMMITTEE ON RULES, PRIVILEGES AND DISCIPLINE ON AN INQUIRY INTO ALLEGATIONS AGAINST GENERAL ELLY TUMWINE, MEMBER OF PARLIAMENT REPRESENTING UGANDA PEOPLE’S DEFENCE FORCES (UPDF) AND MINISTER FOR SECURITY (August 2019)

Uganda: Press Statement- Government Position on the Electoral Law Reforms (30.07.2019)

OTT Tax: Totally failed its supposed revenue targets in 2018!

Today, the Uganda Communication Commission released their annual sector performance report of July 2019. It was really a bit funny look, as the state, the President and all of his handlers said the Over-The-Top Services would create a tax-base and revenue, which would benefit the state. That is why Uganda Revenue Authority (URA) had set up targets to streamline these new taxes.

I will show more of the fun and explain, as the UCC report really shows how malfunction and lack of due diligence hurt. But first a previous calculation, which was stated to the media. To show how much lack of tax-base the OTT had in 2018, as it was implemented in July and keeps pushing to this date.

Look:

Daily Monitor Reports: “Government collected Shs20.5b from social media in the last quarter ended September, according to data obtained from Uganda Revenue Authority. The tax, which was implemented in July, was however, less than the Shs24.9b target that URA had hoped to collect in the period. URA has a monthly target of Shs8.3b. The tax was introduced in the Excise Duty amendments of financial year 2018/19 requiring all social media users to pay Shs200 per day, before accessing certain platforms such as Facebook, Whatsapp and Twitter, among others. Government intends to collect about Shs100b before the end of the 2018/19 financial year” (Christine Kasemiire – ‘OTT raises Shs20b in first quarter, URA fails on targets’ 07.11.2018).

Let’s first do the math, accordingly, as the URA monthly target is 8,3bn shillings in revenue, every single month. A quarter of a Financial Year is 4 months. In today’s UCC report, it shows the numbers for the Q3 and Q4 of 2018. Which means, that states revenue from July-September and October-December in the previous years. By these standards its 8,3bn X3 to get the supposed of any given Q. That is 24,9bn shillings is estimated to earn per quarter.

However, the UCC report states that in the Q3, the revenue was 12,696,558,400 or 12,6bn shillings which is only about half of the anticipated revenue. The final quarter or Q4 isn’t much better:12,952,833,800 or 12,9bn shillings. Of the estimated earnings, the state is nearly able to gain about half of its target. The market and the consumers are not contributing or using the phones as much as they thought. What is striking if you combine the two quarters of revenue is that the state earned approximately 25,5bn shillings, which is sadly just above one quarter estimate of the URA in supposed revenue on this tax. The estimated earnings of the period would be about 49,8bn and this shows the state managed a deficit of about 24,3bn shillings. That is about on quarters earning not happening at all. Thats a giant shortfall of cash and the URA/UCC needs to explain the Ministry of Finance this one, because this a major loss of promised funding for the state.  

This shows how failed this tax is and what a waste of enforcement and making the tax in its first place. This isn’t fun and games, but a way of misusing power to tax people, just because you find something obnoxious. That is how it seems, since the President want to stop the gossip online and such. Stop spreading of information and ensure that poorest cannot afford to get online and use the OTT services. Because, that what this tax does. Peace.

Joint Press Release: Weekly Travel Advisory on Ebola Virus Disease in Uganda (25.07.2019)

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