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Archive for the tag “Anti-Corruption”

A brief look into the IGG first report of 2018 with Lira District in FOCUS!

The Inspector General of Government (IGG) Irene Mulyagonja has recently published a new report, showing the corruption and the reported cases that has been sent to the IGG during the 6 month period. This report shows the key places where the complaints are about, which shows what kind of civil servants that has cases going or investigated. There also a major showdown of certain districts, which gets the most heat in this report. Clearly, they are picked up and shown the public, while others are kept in the archives. So I am showing the key aspects of where the complaints go and one key district that has been put on blast. That being Lira District, who together with others was also put on display. What is weird about that is the office of Lira is number 15 on the list of getting complaints. While the Central District and Kampala Headquarters has bigger numbers, but is not chosen to revealed for the public. Only district offices with less numbers are Kampala Regional Office (because all are delivered to Headquarter) and Gulu district office. So this been choice by the IGG to show their cases instead of the ones around the Central Government. That is how it can be perceived!

The Inspector General Report are clearly stating that the most common groups of people, which is mentioned in complaints are either directly individuals (public officials), District Administration/Local Government, Municipal & Town Councils, Head Teachers, District Service Commissions and sub county administration. In the time between January and June 2017, there was 330 complaints about Public Officials. Complaints about District Administration was 328. Municipal & Town Councils complaints was 144. The complaints concerning Head Teachers was 87. The District Service Commissions was 85 and sub county Administration complaints totaled to 68. This here is really showing where the state officials locally are misusing the public funds. It shows a warning sign of how people take advantage of the lack of paperwork and archives of procurement and also facilitation of the state reserves. That is why they could do this before the complaints come to the IGG.

IGG cases in Lira:

Alleged cause of financial loss by Principal Assistant Secretary, Lira District” (…) “Alleged mismanagement of Shs. 15,000,000/= meant for road maintenance by officials of Ojwina Division Council, Lira” (…) “Allegation of nonpayment of wages to former support staff by Lira Municipal Council” (…) “Report on investigations into alleged payments of salaries to ghost teachers and illegal appointments of Head teachers in Lira District Local Government” (…) “Alleged irregular remittance of Shs. 10M to Mr. Ario Benson’s account and subsequent deletion from the payroll by PPO, Lira” (…) “Alleged creation and existence of ghost primary school in Aloi Sub-county, Lira District” (…) “Alleged misappropriation of UGX. 9,000,000/= meant for the construction of roads in Adekokwok Sub-County Lira District” (…) “Alleged utterance of false academic documents by a Secretary at UTC – Lira” (…) “Alleged irregular earning of higher salary by a person at Lira school of Nursing” (…) “Alleged cause of financial loss by the Principal Assistant Secretary, Lira District” (IGG, P: 77-80, 2018).

I am just showing the alleged cases in Lira as well, as the main reports, since the Report itself should be question for lacking the alleged cases from Kampala Headquarters and Jinja Offices. It shown some cases from Arua, but very limited, since it was the third biggest place of complaints during the 6 month period. While other regions and districts had more open cases. I am really questioning why Lira was so in FOCUS, when the offices of Jinja, Headquarters and Arua had ten times more complaints than Lira did. Why are they not more evident in the report? What is the reason?

That is what we should ask and why the IGG are not revealing those complaint or keeping them on the low. Peace.

Reference:

Inspectorate of Government (IGG) – ‘BI-ANNUAL INSPECTORATE OF GOVERNMENT

PERFORMANCE REPORT TO PARLIAMENT – January to June 2017’ (January 2018)

Unforgiving #SpyTapes judgement against Zuma and NPA (Youtube-Clip)

“Pretoria, 24 June 2016 – President Jacob Zuma has suffered another legal blow. Zuma and the NPA have been denied leave to appeal the so-called spy tapes ruling. eNCA reporter Nickolaus Bauer has more from the North Gauteng High Court” (eNCA, 2016)

Bokomosa – Zuma’s Day in Court: Better late than Never!

“This week, DA Leader, Mmusi Maimane, discusses President Zuma’s spy tapes case” (Democratic Alliance, 2016)

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

DA 03.02.2016

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

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

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

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

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

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

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

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

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

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

Nkandla 3

The Curious Case of Tamale Mirundi

Statehouse Quote

The former mouthpiece of Yoweri Kaguta Museveni, the former Presidential Press Secretary Tamale Mirundi who has ever since been sacked by the State House he has been all around media blasting and commenting on politics. This has now been seen by the Uganda Communication Committee (UCC) as a volatile and meager expression of language and profanity that the media doesn’t need. This happens only two days after he appeared on AmamaRadio. He has been on NBS TV and WBS, also certain radio station talking ever since his sacking. Let’s look a bit on the fellow mouth-piece!

Tamale Mirundi Quote of the day 101115 (2)

Some older news on the man:

In 2009 these reports came:

“FM radio campaigns by John Tamale Mirundi, encouraging squatters to attack land owners. Mirundi uses Star FM, TOP Radio and other FM stations to tell his targeted listeners: “When those land owners bring court brokers or surveyors and try to evict you, defend your selves. Be ready to use pangas (machetes), sticks and fire to get rid them.” In the last two months, mobs of bibanja holders have murdered two landlords in Bugerere county alone” (…)”As Mr. Museveni’s Presidential Press Secretary, Tamale Mirundi is widely believed by rural land squatters to be speaking on behalf of the Ugandan strong man. The emerging consensus among Buganda analysts is that president Museveni may be creating the terror because Mmengo seems to have successfully blocked his Land Act Amendment of 2009 the way they did with the his Regional Tier” (Kabaka Concern, 2009).

Here are some wonderful quotes in defense of the former chief and head of state Musveni:

“The President doesn’t have a key to State coffers. If there is extravagance, the MPs should be the ones to blame” (…)”They should tell us why they keep approving this money. And before they accuse the President of being insensitive to the needs of the people, let them come to Parliament on bicycles and cut their salaries” (…)”He must see what is going on, that is why under the Constitution he is obliged to take over the administration of a district if things are not going well” (Kiwanuka, 2011).

Also in 2011:

“Mashate’s case involves the government, so I’m not the right person to comment” (…)”“I’m not Museveni’s lawyer to know why the amount of money involved accumulate” (…)“I have to look for Museveni first before I can comment” (…)”The President’s office is not like a headmaster’s office. I am a highly trained journalist, I know you journalist what you want” (BlackStarNews, 2014).

Mirundi P1

In May 2013 Mirundi said this and did that:

“Sources have told us Mirundi was linked to Sejusa through the general’s phone call logs, which security operatives retrieved. Mirundi was reportedly asked to explain why the general was calling him regularly”. About that Mirundi said this: “They checked his (Sejusa) phone [numbers he has been dialing] and found out that I am one of the people who have been calling Tinyefuza.“I told them that ‘Yes Tinye is my friend and that I have been calling him.’ They later left” (UGO, 2013).

He said this in 2014: “spends hours… abusing members of parliament, abusing everybody and he says he is the president’s dog… the only person he spares is the president!”

When Tamale was managing The Voice newspaper over ten years ago he failed to pay his workers numbering 17. Three of them, including his cousin Felix Kyeyune, sued him and the money (Ush 5m each plus legal fees) was paid just as the bus to take Tamale to Luzira prison waited outside courtroom in Mengo, a Kampala suburb” (Odinga, 2014).

In July 2014 he said this:

“My contract ended. It is now up to the president to either renew it or not” (…)”I entered State House when I had one suit. But look at what I have achieved. The President educated me and my children in some of the best universities in Scotland” (…)”Even if my contract is not renewed, I will not complain. I can assure you that I will never attack Museveni when I am outside State House” (Lumu & Anyango, 2014).

Mirundi P2

Salary he had in the FY 2014/2015:

What did he earn during the last budget FY 2014/2015 while being a statehouse employee that was the net sum off US$ 9.846.672, and monthly salary we’re US$ 8.20.566. If I calculate this salary with exchange rate in November 2014 the UGX that would make that year’s salary: 27.078.348.000 Uganda Shillings that is if the exchange rate is on the level of 24. November 2014; when it was 2750 to one US dollar; so he we’re surely more paid then the average Ugandan in that financial year.

In April 2015:

“Mirundi reportedly singled out Kabiito for his handling of a case in which Cairo International Bank was challenging its prosecution in the Anti-Corruption court in regard to the theft of an estimated Shs 169bn meant for pensioners” (…)”Musota said Mirundi took issue with the judge’s handling of a case involving 1,000 former spies who wanted their retirement benefits worth about Shs 39bn paid. According to Musota, what angered Tamale was the judge’s rejection of an application by the Inspectorate of Government (IG) that sought to block the payments” (Kiyonga, 2015). Tamale Mirundi said this about it: “Those judges are suffering from colonialism. They think they are important but they are not important, they are just servants of the people and as long as they are corrupt, we shall talk about them” (…)”By the mere fact that they have reacted to my statements, that is an indication that I have defeated them. If they think that I’m guilty of anything, let them sentence me to death” (…)”I want Kabiito to tell me how I got his judgment [of Cairo bank] before he could read it out. I’m sure it wasn’t written by him and I have evidence to that effect. I just don’t talk without any proof”. He also laughed off the judges’ call for his firing’” (Kiyonga, 2015).

Mirundi P4

 

In May 28th 2015:

“President’s Press Secretary, Joseph Tamale Mirundi, has been appointed as an advisor to the cabinet of Isaabaruuli Mwogezi Butamanya, the Baruuli cultural leader” (…)”Buruli chiefdom based in Nakasongola District, like Banyala chiefdom in Kayunga District, isn’t recognised by Buganda Kingdom and they have been on collusion course which has sometimes led to deadly riots” (Kaweesi, 2015).

And then he has since gone like every day said something vile on NBS as a commentator on the Campaigns and Politics. Trying to sound wise, but instead becoming a side-show and that is attacks on everybody from Bebe Cool, Dr. Tanga Odoi, Amama Mbabazi, Gilbert Bukenya and so on. The list is longer then the so called Membership register of the NRM that they said at one point they didn’t have before the NRM Primaries. Well, see why I took pieces of his history. Continue to look!

Today:

Uganda Communication Committee chairman Godfrey Mutabazi has said today after Tamale Mirundi in the recent weeks actually was on a show for AmamaRadio. Mr. Mutabazi said to the press: “The language used doesn’t deserve to be on the airwaves. The commission therefore directs you to stop broadcasting such programs with immediate effect” (…)”Some stations have written to us acknowledging the concern and promising to restrain their guest from such conduct” (NewVision, 2015).

Later today because Tamale Mirundi has a show on Radio Star 87,5 FM have been switched off or taken cutting their sender after the report and statement from UCC. The transmitter from the station has to be muted as a reaction to the UCC threat earlier.  

He must have said something profane and vile that makes UCC react like this. We all know that he have after being fired… spoken wildly on every political topic on every format possible in country. They must be listening to you “mute” since July and since he dropped his wit on certain newly founded opposition campaign radio-station AmamaRadio. AmamaRadio the lamest name for a radio; where he must has said something hurtful spiteful crap that is more hunting then calling a political person a walking coffin or Museveni all-of-sudden is not the revolutionary mind that Tamale Mirundi always have claimed. Right?

An UCC has made Uganda and its ruling party and its leadership proud! Yep. The all-time and lifelong legacy of the President Museveni; I am sure the UCC is as afraid of somebody as the Electoral Commission is at the point. We have seen Kiggundu recently act upon Amama Mbabazi and Dr. Kizza Besigye and now Mutabazi acting as an arm of the NRM. Not surprising, it’s expected, right?

Peace.   

Reference:

Committee on Presidential Affairs Meets the Office of the Precidency – (19.03.2014)

BlackStarNews – ‘U.K. Court Says Publisher’s Multi-million Dollar Case Against Gen. Museveni Still Active’ (27.11.2011) link: http://www.blackstarnews.com/others/extras/uk-court-says-publishers-multi-million-dollar-case-against-gen-museveni-still-active

‘Kabaka Concerned, Museveni and Mirundi Promoting Landlord Murders’ (27.08.2009)

Kaweesi, Samuel – ‘Tamale Mirundi appointed advisor to Buruuli Kingæ (28.05.2015) link: http://www.monitor.co.ug/News/National/Tamale-Mirundi-appointed-advisor-to-Buruuli-King/-/688334/2732166/-/gjeoad/-/index.html

Kiwanuka, William Kituuka – ‘TAMALE MIRUNDI REASONS CHILDISHLY’ (22.07.2011) link: http://williamkituuka.blogspot.no/2011/07/tamale-mirundi-reasons-childishly.html

Kiyonga, Derrick – ‘Judges want Museveni to fire Tamale Mirundi’ (24.04.2015) link: http://www.observer.ug/news-headlines/37533-judges-want-museveni-to-fire-tamale-mirundi

Lumu, David & Anyango, Aida – ‘My contract has expired, says Tamale Mirundi’ (24.07.2014) link: http://www.newvision.co.ug/news/657962-my-contract-has-expired-says-tamale-mirundi.html

NewVision – ‘UCC moves to stop Tamale Mirundi’s ‘abusive remarks’ (01.11.2015) link:

http://www.newvision.co.ug/news/676351-ucc-moves-to-stop-tamale-mirundi-s-abusive-remarks.html

Odinga, William – ‘Tamale Mirundi punches former employee below the belt’ (18.03.2014) link: http://williamodinga.blogspot.no/2014/03/tamale-mirundi-punches-former-employee.html

UGO – ‘Tamale Mirundi grilled over Sejusa calls’ (15.05.2013) link: http://news.ugo.co.ug/tamale-mirundi-grilled-over-sejusa-calls/

Prof. Gilbert Bukenya kissed the ring of President Museveni.

Bukenya A

TDA loose yet another pivotal man:

Mr. Mahogany or should I say his Christian name Gilbert Balibaseka Bukenya the former VP of the Republic of Uganda who himself went independent after being kicked out of NRM. He has today or very recent for some reason kissed the ring of his former leader Yoweri Kaguta Museveni.

The professor has said this: “TDA was poisoned and people who are there are very greedy. President Museveni has the right qualifications to lead this country” (…)”On four occasions, I met four different people who came to ask me to go back to the NRM. On the first and second time, I was not convinced. I was convinced on the third and fourth time, when they told me president Museveni has some good ideas. President Museveni promised me to fight poverty and land matters” (Daily Monitor, 2015).

For a brother who turned independent after losing his position in the NRM. President Museveni took him down and changed leadership because he had a plan in 2011 to go against His Excellency. His journey and saying now that President Museveni is the right guy in 2015 seems weird. Even for a man who has been loyal and kept close to the President.  

NRM

Reasons for this turn around are very dire:

“Sources say the group listed to Bukenya’s grievances against Museveni and later agreed with him that some of the issues he had raised were reconcilable” (…)”However sources told the New Vision that the two agreed that President Museveni would support Bukenya to defend his Parliamentary seat and campaign for him on top of securing for the former VP a position in the NRM highest decision making organ, Central Executive Committee” (…)”In return Bukenya would support and campaign for the President. Sources also said that former Vice President also requested he be appointed to cabinet in the next term” (Etukuri, 2015).

When you see this there will be more supporting of Pakalast-NRM ticket of Museveni. In turn he will go away for the unity of TDA that becomes smaller and smaller. With the FDC and Bukenya left the fold months before the actual event. Wonder if Norbert Mao, Akena, Otunnu and the other ones who still is a part of Alliance feels betrayed.

Bukenya has been bought for loyalty. He has done that before with CHOGM money. The indictment from 2011 says this:

“PROF. DR. GILBERT BUKENYA being a person employed as Vice President in the Government of the Republic of Uganda and Chairman of the Commonwealth Heads of Government Meeting (CHOGM) Cabinet Sub-Committee, on various dates between December 2006 and November 2007 within Kampala district did unlawfully and high handedly direct to be done arbitrary acts prejudicial to the interests of the Uganda Government, in abuse of his office; to wit; influencing and directing the award of the Contract for Supply of Executive Vehicles intended for use during Commonwealth Heads of Government Meeting (CHOGM) 2007, to Motorcare (U) LTD in total disregard of the laws, regulations and practices governing Public Procurements in the Republic of Uganda”.

If that tells what he can do and get gains then it isn’t a new thing from Prof. Gilbert Bukenya that he now will be bought by the NRM-Regime and in the end now get a position in the NRM CEC, the price his loyalty and support on the road on the Campaign for the Presidential Election for 2016. And all of this is a sad view for TDA and opposition that a deflected candidate can turn back to his fold again. This shows the weakness and also the power of reach that President Museveni still has over some of his former cadres. And for an outsider who was running for the Flag-Bearer for the Opposition Alliance of the TDA and when Amama Mbabazi got it. Then later totally go back to his former boss. This is a scary scenario and proves how little strength there is left in the TDA. Prof. Gilbert Bukenya has become a crony again. Become a part of the set-up of the NRM-Regime and given up. Mr. Mahogany is now going back for a secure paycheck. Sure I hope he has kept parts of the Exclusive Vehicles because this is just another foolish turn of events. On Independence Day of all days, proves that the Professor can’t be independent at all. Especially that he and some other can be bought with promises of positions in NRM-Organization.

Oh golly, this is from the same man that said this in February 2015:

““I am a professor of medicine and I am supposed to gesture while stressing a point. As a teacher, I am supposed to communicate well. There is no way you can say that I am the one copying Museveni. May be its President Museveni copying me. I am a professor and he is not. Who should copy the other?” (…)”I remember in 1986, President Museveni said the biggest problem of Africa is leaders who overstay in power. Unfortunately he has become that very problem. He is now Uganda’s biggest problem. The President should avoid killing the legacy he has struggled to build throughout his life” (…)”We went around the country asking voters to give Museveni one more term. But now, there is every indication that he is set to become a life president” (…)”President Museveni has been in power for over 29 years but our hospitals are in a terrible state. He has failed to even repair the 29 hospitals Dr. Milton Obote built. Whereas he calls him swine, Obote did better than Museveni in this area” (Mulondo & Oryema, 2015).

When a brother can say this and months later kiss the ring! You sure know that Museveni can bring everybody back or get them soften their approach against him. I am sure if Museveni wanted and could bring a sweet enough meal Amama Mbabazi would turn back. Though I know and others should by now know that Mbabazi was also a part of the CHOGM scandal as Bukenya.  He has gone from being in opposition fighting the NRM-Regime for a little second. When he even in February this year said he was “Uganda’s Problem” to now in October he is saying “President Museveni has the right qualifications to lead this country”. There are surely shows the powers of what a few pieces of silver can do. Peace.

Reference:

Daily Monitor – ‘Prof Bukenya makes U-turn, pledges support for Museveni come 2016’ (09.10.2015) link: http://www.monitor.co.ug/News/National/Prof-Bukenya-makes-U-turn-pledges-Museveni/-/688334/2906144/-/9qem5wz/-/index.html

Etukuri, Charles – ‘Bukenya makes U turn, supports Museveni’ (09.10.2015) link: http://www.newvision.co.ug/news/674310-bukenya-makes-u-turn-supports-museveni.html

Mulondo, Moses & Oryema, Kennedy – ‘Museveni is Uganda’s biggest problem – Bukenya’ (11.02.2015) link: http://www.newvision.co.ug/news/664720-museveni-is-uganda-s-biggest-problem-bukenya.html

Uganda – Amendments to the ‘Anti-Corruption Bill 2013’ – Important changes to the existing law

2005_uganda_corruption_presser

It’s a proposed new amendment ‘Anti-Corruption Bill 2013’ that is dated back to 13th July of 2013. I will take the basic understanding of how the bill will be and what it can do if it gets into effect. The person behind this bill is Hon. John Ssimbwa who is MP of Makindye Division East. On the 7th of July 2015 this got passed in Parliament!

The important issues from the Memorandum:

First part is that is an extension and amendment of the ‘Anti-Corruption Bill 2009’. One of the main objectives of the bill is that the property of the offender the government can confiscate that from that legal person. That property will be controlled by the government and management by the public trustee appointment by the Minister in accordance with the Public Trust Act. One defect with the existing law is how to prove that set property was earned by the corrupt actions or indirectly by it. Because of this there is the reason for the amendment to the existing law.

Second part is how you define “property” and “political leader” which will entail more and describe broader in the new law after the amendment. In the new one the “political leader will be broaden the scope of the offence that caused the financial lost. Also figuring in “a company” to prove there are two “actors” in the actions of embezzlement, graft or general corruption. One new clause is also to incorporate Inspector General of Government (IGG) to service the court. And give more power to the Dirctorate of Public Prosecution (DPP) and IGG which will together restrict the owner of the bank accounts of the accused person. New clause is also to the persons who refuse to comply or give information to Special Investigator; with failure to follow the recommendation of the police will be incriminated, because with existing law there isn’t any response to it for the government. If for certain that a person is convicted for corruption for mandatory confiscation of any property to the person. And also in the amendment the person who will lose his property after being convicted will pay the cost for the transfer of the actual property.

Important changes:
From Section 20 setting in: “A person employed by the government, a bank, a credit institution, an insurance company, a company, a public body or political leader, who in the performance of his and her duties, does any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank, credit institution, insurance company, a company, or public body commits an offence and is liable on conviction to a fine not exceeding three hundred and thirty six currency points or to a term of imprisonment not exceeding fourteen years or both”.

From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

From the Section of 65:

“A Person is taken to have absconded if reasonable attempts to arrest the person under a warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall taken to have absconded on the last day of that period”. 

Meeting between Public Trust Act and the Amendment of the Anti-Corruption Act:

What these amendments to the existing laws is focusing on the property of the convicted person and how it all will be transferred to a Trustee Fund. This fund will be in power of the Government with the Inspectorate of General of Government and Dictorate of Public Prosecution will be in charge of. In the end this leaves more funds and properties into the government that will transfers from convicted persons and companies to the Trustee Fund.

A matter remain on the ‘Public Trustee Act of 1937’ has some issues and therefore need to amendment to see what the government of Uganda need to recover the embezzled money and property. The law in general is setting the standard on how the trusts are set up.

First section: “The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee”.

Third Section: “An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect” (…) “An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe”.

Fourth Section: “The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent”.

Sixth section: “When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case”.

Seventh section: “If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent”.

We can see the difference between the new law and the older Public Trustee Act of 1937 and the amendment on the Anti-Corruption Bill, which deals with the property of a felon and the consent part of transfer of the property. Especially when you see how it set limits on the government and how the applications of the public trustee where it specifically says in the Act of 1937: “no such order shall be made without his or her consent” while the Anti-Corruption Act Amendment says: “From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

As you see this gives the state a possibility to order and confiscate of property from the convicted person and also get the payment for the transfer of the actual property. So if this comes to effect and can take possession of it or custody when the person is under restraining. The Public Trustee will be under the IGG and follow the orders of the DPP.  This gives more power then what they currently have. So that the Directorates and Public Prosecutor get more powers when they have apprehended a suspect and get either suspend their money in accounts and also transfer the property of the convicted person.

This means those people that will get a stronger punishment and that the Public Trusts will soar in Uganda, if the IGG does it jobs and get bigger cases through the courts. This means that the minister who is in charge and making the Public Trustee funds has to be sober and in-charge to keep up his conduct and the supervision of the fund after transferring the actual property and freezing of the accounts.

It would be interesting to see the implicated changes of the law and also how the minister and Inspectorate of General of Government has to be sure that the property and accounts are parts of the charge. If these extra charges will make a difference in Uganda, is only time to tell because the way it will be seen is the actual results and if it benefits the court systems. Secondly if the transfers of properties and accounts go well, then the Government might over time get vast amount of monies from different accounts and also grand properties if the functions and prosecutions of corrupt politicians, governments’ officials, civil servants and businessmen get caught. Therefore the Trustee Fund under the Minister will be a giant over time and also need more resources to have accountability over it. Something that is natural with the pending issues and convicted people that will be hurt by this law if this amendment will be a new reality in Uganda. Peace.

Reference:

Bill Supplement No. 3 – Bill No. 7: THE ANTI-CORRUPTION (AMENDMENT) BILL 2013 (13.07.2013) in Uganda Gazette No. 34. Volume CVI dated 5th July 2013, UPPC, Entebbe Uganda Ordered by the Government.

THE PUBLIC TRUSTEE ACT of 1937 – Chapter 161

Corruption ahead…

I am back at telling tales from the last week. That involves corruption or allegetion of it. Some will be big news. Other will be quotes from people who knows their dirt. And for those who follow these people. Will have a little laughter today. But this all is all part of giving a little enlightenment on a subject which should be taken serious everywhere. Because if we believe trading and sharing goods in a certain way, then it has to be done right. So all the actors and benefiters from lowest level to highest part of the hierarchy. Should get their shares of the spoils and gains of a product that have been sold. Not just the mid-level or the ones that are giving opportunities to exploit the market. Like civil servants, corporate officials or daughters of presidents. Either I am sidelined by my ideals or completely wrong, but that is up to you! So here we go…

2 Cents on FIFA:  

The recent week we have read about the FIFA and Sepp Blatter. How they have made a fantastic fairytale report of the bids for 2018 and 2022 Football World Cup competition. That both Russia and Qatar won. Everybody knows by now the legitimacy of the international governing football body. FBI has even started to investigate the governing body to look into it. I will not talk about that today, other corruption cases that need a tiny view and perspective to prove that there other crooks out there… or people trying to earn legal tender on a pursuit to happiness without a real cost. And then get the fed some extra bucks for doing so.

Telenor in a Uzbekistan business issues:  

Telenor the Norwegian state-owned telecom company under fire again. Økokrim the Norwegian Special Police Unit on Economic Crimes has already had the director Baksaas in for questioning. This corruption issue is because of the deal between Vimpelcom and Telenor in Uzbekistan. Also the Council leader Svein Aaser and Commerce Minister Mæland has only been questioned by the Special Police Unit on Economic Crimes (Tv2.no, 2014).

 VS

The Real Baltimore:

This isn’t HBO’s ‘The Wire’. No Avon or Stanfield, but instead the gangster named Tavon White leader of the Black Guerrilla Family (BGF). White has made a plea deal where shaved off a few years on his time in the correction facility at Baltimore City Detention Center. Mr. White could tell stories where they got charged with racketeering. The number of defendants is 8 people – 5 of them correction officers and also a kitchen worker. And it was a wiretap that could also tell the stories for Mr White. Defense attorney could also tell that the administration of the correction facility was corrupted and therefore looked to the blind side of the business lead by inmates. Tavon White is the living Avon Barksdale (Fenton, 2014).

Romania:

The Chief Prosecutor Alina Bica has been taken into custody by anti-corruption agents. “The case is part of an investigation that so far extends to two of Bica’s former colleagues as well as at least one businessman and an ethnic Hungarian MP”. So this is just so wonderful the head that is heading the business of cracking the illegal business down. Is she into custody and has to answer for corruption… (Euronews, 2014) Wonderful world!

Uganda’s President Museveni talks:

“Corruption and maladministration are inconsistent with the rule of law for which we fought and the fundamental values of our constitution.  They undermine the constitutional commitment to human dignity, achievement of equality and the advancement of human right and freedoms. If corruption is allowed to go unchecked and unpunished, it will pose a serious threat to our country” (…)”Having independent offices will save auditors from sitting with people they audit every day, which risks compromising auditors and luring them into corruption” (…)”It is pleasing to note that Uganda is one of the few countries in Africa and the world which has fully complied with the UN resolution. This is not an accident, but our deliberate commitment to support institutions responsible for ensuring a corrupt free county” (Baguma, 2014).

In Ghana another story is happening:

Elizabeth Ohene the former Minister of State was attending a Occupy Corruption event at Christ the King Hall in Accra. She was saying at the event: “It seems to me that stealing is for little people, small people, and corruption is for the big people” (…)”When they say you’re corrupt, you’re invited to be chairman of the church harvest and when they say you’re a thief, you go to jail” (…)”Let’s call a spade a spade” (Ghanaweb, 2014).

Well, if those stories, events and quotes don’t give you a peace of mind or make your mind wonder where we going in this world. I don’t know. Telenor has a history of involving themselves into corrupted behavior so that they get a quick earned buck in a new market. FIFA has gotten the world running wild. So I will not at this moment address them. Avon Barksdale made a plea deal, sorry, my bad, Tavon White has told through a wiretap and also plea deal that he actually could lead 8 people in and also proves corruption at a Baltimore detention center. Museveni talks crap today – we all know the stories and recently are with the Oil industry and also the road building to Katosi Road Saga. Elizabeth Ohene tell us that in Ghana there is a difference between small peoples crimes and big peoples corruption. Mrs Ohene I can tell, its world wide, it’s just more obvious some places.

Peace!

Links:

Baguma, Raymond – ‘’Unpunished corruption a threat to the country’’ (21.11.2014) New Vision Uganda, Link: http://www.newvision.co.ug/news/662081–unpunished-corruption-a-threat-to-the-country.html

 

Euronews – ‘Irony as organised crime prosecutor arrested for corruption in Romania’ (21.11.2014) Link: http://www.euronews.com/2014/11/21/romania-organised-crime-prosecutor-arrested-for-corruption/

 

Fenton, Justin – ‘BGF leader at city jail to testify for government at corruption trial’ (19.11.2014), Baltimore Sun

Link: http://www.baltimoresun.com/news/maryland/crime/blog/bs-md-ci-bgf-trial-opening-statements-20141119-story.html#page=1

 

GhanaWeb – ‘No difference between corruption and thievery – Elizabeth Ohene’ (21.11.2014) Link: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=335903

 

TV2.no/NTB – ‘Telenor-sjefen: – Vi har nulltoleranse mot korrupsjon’ (19.11.2014) Link: http://www.tv2.no/a/6252338

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