MinBane

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Archive for the tag “Colonial Law”

Uganda: Members of Parliament seek legal ways to evade taxes! Citizens rise up (20.11.2016)

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[Insert a bogus charge] Besigye detained again at his home in Kasangati

besigye-31-10-2016

Another day, another empty charge, another time Dr. Kizza Besigye detained for no other reason that he is home and breathing. Like the crimes of the Forum for Democratic Charge ever has amounted to anything, because it’s all political and controlled from above. The Police in-charge knows this and uses all kind of spin-control to make it look otherwise, because they think the citizens of the Republic of Uganda is blatantly stupid and ignorant like their leadership.

Therefore as he arrived during the weekend and on Sunday morning the Police Force set their guards at the gates, as they put out metal teeth’s and such to stop cars from entering the compound of the political man. He was taken together with his famous driver Fred Kato, who has charges because of his allegiance to Besigye, but they have all been dropped. Besigye we’re also taken with Christine Behimbisa.

The black “Torture” van picked them up and the Lord Mayor of Kampala Erias Lukwago together with Farouk Mugerwa went to Naggalama Police Station and Prison in Mukono, to see if they could get him released from his detention today.

While Ingrid Turinawe, the FDC Mobiliser has been detained on the way to Kasangati and her whereabouts is still unclear as the charges for driving to Kasangati has not been written as a cardinal sin, but we can surely see that information soon coming out of the mouth of AIGP Andrew Felix Kaweesi. I should not know the Name of Police Officers, but I do, because this arrest of FDC people has constantly and with rampant acts. Like the arrest of Doreen Nyanjura who had this Friday closed of the Kasangati for the arrival of Besigye. Because of this insult to the Police, she was detained without charges and we’re bailed out the day after.

So we all know where we are going, the NRM Regime cannot help themselves as they are on a spiral of killing innocent and rule of law to the level of fearless non-sense like this. Where they arrest people for no apparent reason than they exists and without charges, because they apparently at this day and need none. They are okay under the wings of IGP Kale Kayihura and Mzee.

The is the acts compared to Medieval kingdoms with kings who thought they we’re God and had all reason to spread their justice over all men kind or in meagre existence inside their own fiefdom. The pride that the Republic of Uganda is now the same, as it all connects to the power-hungry President who will tarnish his reputation and his legacy over continuation of these acts of impunity. He can bike around and act like road-show to try to overshadow these acts of violence against own citizens, but the truth will conquer that vile attempt of spin-control. Peace.

[Insert Stupidity from the UPF] New-confined House-Arrest of Besigye!

nbs-tv-uganda-30-10-2016

“Police have again taken over security outside Dr Kizza Besigye’s Kasangati home after a group of women blocked their access yesterday. The leader of the group said the police took over security early morning” (NBS TV Uganda, 30.10.2016).

Again the Police Force has taken the home of Dr. Kizza Besigye under siege, as he had 12 days abroad as per request and allowed to while the Government continues to work on forged allegations of treason. This continued war-path and destruction of liberty and freedom for the political leader and former presidential candidate.

This is a farce and continued presence of Police without warrant or charge on the man. The decision to house-arrest the man because of so-called intelligence of planned demonstrations with him together with comrade and loyal friend Lord Mayor Erias Lukwago in Kampala. As Hon. Beti Kamya continues to force vendors of the street and alleys while the streets are cleared with violent force of Police. That is the only thing the Police under IGP Kayihura knows anyway.

This is a continued injustice is just getting to far out of hand. I don’t know how many times I written about it, but the Penal Code and the Preventative Arrest, the Colonial Law inherited from the British have been now certainly used more by the NRM Regime, than the years under the British Lords. I am sure the record for most Preventative Arrest in Ugandan History is Dr. Kizza Besigye. That says more about the authorities than of the so-called illegal activity of Besigye. Besigye is soon not allowed to think or breathe; as no matter what he does he get detained, arrested and such.

Just like Doreen Nyanjura has been detained and arrested, even tortured and not allowed food from the Police Officers at the prison. That shows the level of impunity as she just tried together with other woman that their leader should have justice and freedom as anybody else.

I am tired of the political police force and their misuse of power against civilians, political persons and others are easily picked without charges or cases to be made. That proves that injustice bounces over rule of law. Again, Again and Again! Peace.

Uganda: (Besigye & Lukwago we’re…) Planning Illegal demonstrations (30.10.2016)

Kasangati 09.05.2016

Uganda Police Force has received reliable information from intelligence sources that Dr. Kiiza Besigye, Mr. Erias Lukwago and other political actors have been mobilizing and meeting vendors who were recently removed from the city streets with the aim of staging illegal demonstrations on Monday October 31, 2016.

Uganda Police Force wishes to inform the general public that it has not received any notification concerning the planned demonstration and that any person who participates in such illegal activity commits a crime.

Police shall take all necessary measures to prevent such illegal acts and ensure that no persons disrupt the normal business life and peace in the city.

The public is cautioned not to be misled and hoodwinked by such opportunistic individuals whose agenda is to cause the breach of peace in the city.

Vendors and hawkers are advised to be patient and work with the ministry responsible for Kampala Capital City affairs to find alternative solutions.
Andrew Felix Kaweesi ‘ndc’(k)
AIGP
PUBLIC RELATIONS OFFICER
October 30, 2016

Police Confines Besigye Again (Youtube-Clip)

“The FDC women in command, a female pressure group that on Saturday, occupied the Police check point at Dr. Kiiiza Besigye’s home in Kasangati, have lost control to police. The fearless women group lost their base when they retired last night for family obligation. Their attempt to fight back and gain control was futile as Police surrounded Besigye’s home again” (NBS TV Uganda, 2016).

Concerning Besigye; The Police Force of Uganda only abate their own crime, apparently!

kasangati-17-10-2016

Well, it’s one of these days. Not in the name of CP Fred Enaga where-ever he rest his shallow head; the new muppet in charge of nonsense from officials on regards of House-Arrests and illegal detaining of fellow citizens is AIGP Andrew Felix Kaweesi. The noble man himself we’re publicly utterin these words:

“Police is continuing to monitor and regulate the movements of Dr. Kiiza Besigye as a precautionary measure because he has openly confessed to continue carrying out his defiance campaigns. “We can not abate and aid that crime, “ said Kaweesi. He added that Dr. Besigye is not under police siege as some media houses are portraying it. If he doesn’t involve in activities that breach peace, he is a free man noting that recently, he was in Mbale and Namutumba” (Uganda Police Force, 17.10.2016).

Still, if this is not taking away the freedoms of a man having closed of his property, not allowing him to leave to go to court. Just taking him away without any reason or any charge. Than he is not free. That is not about Defiance Campaign, Defiance Campaign in that regard is a silly excuse, as silly as the excuse of a man Andrew Felix Kaweesi must feel. He is just there because it feeds him and his folks. He can be so proud of his achievement that he is defending the blistering wrongs of National Resistance Movement. The Resistance Movement are having grand issues with Defiance. If it doesn’t sink in, then nothing does!

It besieged if you are booking all guests, throwing food to ground and ransacking every individual going towards the gates of Kasangati. Can somebody please start ransacking everything moving inside and outside the house of Mr. Kaweesi? Also, block his driveway and stand guard 24/7. Then he might now what kind of activities he is sponsoring with his uttering words.

They are monitoring and regulating, but without any consideration of freedom, liberty and justice involved. There are no fresh charges and the Court Orders are now non-existent as the breeches of impunity is staggering. The defence of these activities are just foolish at this point. How can you be a free man when your home is guarded, when your moves is monitored and regulated? Maybe that is Uganda Police thing, that under the following orderly blindly IGP Kayihura is the main assets of his mean. It is certainly not wits. Not that they can understand how the laws works and how they are breaching them, while they continue to pursuit Besigye!

There is not peace and is not freedom at Kasangati in Wakiso at the moment. Nobody claim there is real justice or just behaviour from the Police Force, they way they are acting around Besigye and his property! These acts of brutality where they steal what we common folks call ordinary life. Where his guests are violated as they enter his gates; these without charges or sentencing, proves the neglect of rule of law in the grand Republic of Uganda and under the Executive, the President Museveni who currently lets his Police Force silence his opponent with guards, guns and detentions when it pleases him! Be sure that Mr. Kaweesi has answers for the nonsense, as that is his paid job. Peace.

“House-Arrested without a new Charge”: Dr. Kizza Besigye could not go to registrar at the Judge; where he were to honour his bail requirements!

besigye-17-10-2016

Again, this is again, again! The Police Force under IGP Kale Kayihura have decided with no pre-warning or added charges to house-arrest Forum for Democratic Change leader Dr. Kizza Besigye. Just because they can so, it seems. The inevitable actions of impunity and disgracing the rule of law. Here is one take on the matter!

Kizza Besigye has been stopped from going to court to fulfill part of his bail conditions as ordered by High Court Judge Masalu Musene. Besigye is supposed to report to the registrar of Criminal Division of High Court once every after two weeks” (NBS TV Uganda, 2016).

With this the Courts are not getting him by the registration that are supposed to be kept until further notice, as the proceedings of the case and the collection of evidence is supposed to happen simultaneously as the charged possible felon can walk and do his normal business until trial. That is not happening with Besigye, as he has to be House-Arrested in Kasangati, Wakiso. Yet, again, just like during the weekend when he been picked up the Police Force and “black-Van” the Torture Van of Kifeesi Police Squad to silence the man and his activities.

He were barred from answer and follow requests from the courts. He is isolated without any consideration to his freedoms, liberty or justice. It is containing him without any justification. The imminent question: are the any precautions rules and acts that can validate these efforts against the citizen?

We should ask that as the continued strive to keep him at bay, arrest, house arrest and detain. To tow his car home and take him to nearest police post together with loyal allies. That is what happens at any threshold of any week. The continued validation of concern of justice arise anytime he thinks of leaving home and going to do both party-work and for instance ordinary stuff as taking out shillings at the Bank.

This is just enough. They continue to arrest, thief the freedoms and liberties of random citizens, but he is not allowed the same. The double Standard that was evident during the General Election is at standstill now after the ballot is cast and sworn-in 10th Parliament. If this does show how weak and fragile the current government is that they without question, without charges are detaining fellow citizens and the ones not fearing the restrictions coming from doing so. We can only a matter of time ask ourselves if the people can accept one of their own are harassed and tortured in this manner. That none of what think is ordinary is there, because the Security Organizations are there to detain and house arrest you at any point and have the Torture Van to pick you up to Nagalama Police Station in Mukono if you ever think of leaving. Peace

Opinion: Besigye arrested again! Can’t Mzee just create a ‘Besigye-Stay-Home-Act’ to legitimize the illegal detention of Besigye?

besigye-15-10-2016

Today just outside his gates in Kasangati, Wakiso, Citizen Dr. Kizza Besigye we’re arrested and taken to nearest police station, most likely his second home Nagalama Police Station in Mukono. Because citizen Besigye doesn’t deserve freedom or common-man liberty of movement, political affiliation or even congregate outside his compound. His home is a prison and if he walks or drives out he enters prison somewhere else.

This is the we’re getting close to that he has been detained as many times as Manchester United scored goal during 2015/2016 season and that is not funny either. But a sad fact of the state of affairs, under the President Museveni and his loyal subject IGP Kale Kayihura; who really just silences the opposition with powers of impunity and not rule of law.

A report about today:

“Part of efforts being made are to pursue case in court but also petition parliament to prevail on Police to act legally, observe the constitution and respect people’s rights. Renown constitutional lawyer Ladislaus Rwakafuzi and the parliament petition will be presented by Mukono Municipality MP Betty Nambooze to be supported by Buhweju MP Francis Mwijukye” (Katonga Express, 15.10.2016).

I wonder if the Uganda Police and National Resistance Movement have to make a specific law considering people like Dr. Kizza Besiyge and the likes, because they soon to make reasons for the arrest and detaining before crime happens. Since he is arrested every time he moves and thinks of going outdoors and beyond his gates in Kasangati, which is impressive feat how that is a criminal offence to walk outside your home.

The Besigye-Stay-Home-Act as the Public Order Management Act cannot be effective in that manner and President Museveni should know that already, even his credibility must muster something powerful and existential to achieve at this point. The Police Force needs some guarding levels and more than the Colonial Laws as the Habitual Criminals (Preventative Detention) Act of 1951.  But what kind of charge can you put on somebody for walking out their gate?

If you can preventative arrest people for just walking out the gate, why doesn’t this happen to the VP, MP of NRM or of some family members of Yoweri Museveni Brahima-clan in Kiruhura and the married in through Minister of Foreign Affairs Sam K. Kuteesa. Because none of them get detained through walking passed their gates. None of their houses are under siege and none of the loyalist of the Movement is ever really taken. The once taken to court is because of fraud and thieving, but even as the Movement and Mzee has eaten the accounts of Crane Bank are silenced; that should sanctioned against the Bank of Uganda doesn’t have the flex to question the misbehaviour of Crane Bank and the owners of Crane who is either Museveni-clan or his Elite. Because if there we’re somebody else they would have blead in the streets of Nakawa.

Still, this thieving is not sanctioned, but a citizen, a leader in the opposition is illegal alien in his own nation, as he is only allowed to be inside his own compound and even has trouble going to court to answer his phony charges made by the Movements courts that is figment of imagination and set-up to silence him. Besigye-Stay-Home-Act is what President Musveni misses now!

After 30 years in Powers, he has to make a law that reasons for the detaining and house-arresting over time a citizen without reason, as the POMA and Habitual Criminals are not functioning anymore, the extent of these laws are not coving this. It cannot be Preventive Criminality when somebody walks from home, either a possession or public meeting for somebody when they travel from home to Political Headquarter or to the bank.

The Movement and President Museveni, this is not funny, it is not noble and not justice. You’re so far from freeing the nation and steady progress. The only thing steady is the actions of impunity and disgraceful behaviour of the Police towards innocent citizens. As the playing-field is not alike and the rights of people is diminishing in the light of ‘Old Man with the Hat’ who controls and use the government to punish the ones who doesn’t subscribe to his greedy vision. Peace.

Opinion: Preventative Arrest is used against the Opposition, especially the ones that are in the sense of the President is violating his playground.

Rukungiri 19.04.2016

I don’t know what the plan is for these Police Officers of the NRM regime now-a-days. It’s like it is their plan when they wake up and find some opposition members to detain. Not find some murders or criminals, but political opposition.

Today after driving from Kabale there level of arrest and towing of cars in convoy over the mountains shows the depressing levels of oppression towards the opposition. It was not only Dr. Kizza Besigye! The other ones who also was taken in custody by the Police we’re Erias Lukwago, Munyagwa Mubarak and Ingrid Turinawe. We could see pictures of the towing over the Rwamucucu toward the Ntungamo. So the actions of the Police was clear, ride them over the mountains with all force where they got towed by an Armored Personnel Carrier (APC). In Ntunagamo they destroyed the car of Besigye and sprayed them with pepper-spray. From there taken away in the well-known Police-Van that has been in public display of character since Mid-February!

Besigye Release on Bond 05.04.2016

So the madness of today proves the value of disgrace the government and security agency have against their own citizens and political active citizens. Instead of using intelligence to catch killers and thieves the police officers are busier to write bond papers with “prossession” and Preventative Arrest than doing proper police work. This must be the idea of the 1986 generation and use of the liberation that we’re to happen.

The NRM regime is busy using the Police Force and Army to spread fear and intimidate the locals and citizens then creating freedom and liberty. The Police Force are detaining politicians who are not the voice of the President. The President decides how easy life can be for the opposition and oppositional figures. With the long-serving Erias Lukwago has to continue to court to be justified to work as Mayor in Kampala.

Kampala 16.11.15 UPF 2

That the streets with mambas, APC and other anti-riot police cars that are riding in the streets. We can now see the manifestation of the suspect spying and following opposition leaders from the Police Force. That they are espionage are important part of the Police activity. As the limited freedom of the opposition is clear!

The Preventative Arrest is used by the Police by any means. Certainly the Police Force should have other means and other tasks at hand. Still, even getting people hired to monitor the Anti-Porn bill. Instead they are busy with spying on the Opposition and detaining them. The law that is in-force is called this: Habitual Criminals (Preventive Detention) Act 1951. An is used to catch opposition day-after-day!

That the Police Force we’re saying that certain routes of driving is wrong and not-right to drive for an Opposition leader, since he had planned to travel to Rukungiri after being in Kabale. That proves the non-sense and attitude of the ruling regime. And that should be questioned. President Museveni and IGP Kayihura knew that this would happen as the orders usually happen from above. They would only happen if the DPC wanted to show progressive thinking and try to take the space of Andrew Felix Kaawesi in Kampala. But I doubt this was the case today.

The action of deciding where a supposed “free” citizen is driving is insane. The sudden actions from the Police prove the malice. This malice and clear message is only in the mind of the IGP and the President. That Besigye and the other FDC leaders is used to being in the spot-light of the Police. That comes with the territory. The Territory that President Museveni sees as his playground. The Playground that FDC and opposition violates. So the Preventative Arrest is supposed to be a warning of his power and his justice. Not the justice or freedom after the codes of law. The rule of law doesn’t matter when you have a ruler of Museveni. The types of Museveni think he is above the law and the one that matter is him. Therefore the Opposition is a hassle and shouldn’t do anything but be a silent minority. So the arrests are set to stop the actions of the opposition and the recruitment of them.

Entebbe Road Kampala 19.02.2016. Demonstrations

So the Preventative Arrest and violations of JUST action is just to perceive and preside the power without question. President Museveni is militarized leader and deals through chain-in-command. He is the general everybody is supposed to blindly following his orders. In that sense that the opposition violates that grounds to oppressive behavior. And with the oppressive behavior against him he has to show aggression without mercy. Therefore the Police detain and harass the opposition until they learn to follow. But that is what we ordinary folks called a Police State and Militarized State or Totalitarian State.

NRM Regime is using the Preventative Arrest at every moment towards the Opposition, the ones that are in the sense of the President violating his playground. It is worrying how easy and how much they have done it over the recent months. This has escalated since Polling Day in Mid-February 2016. There been through the Pre-Election Period the same kind of actions as the Opposition have been detained and released on Bond. The Police work to stifle and cross the opposition at every step. This is tool of oppression the Uganda Police uses the most and will continue to use. This Preventative Arrest and also the Public Order Management Act; an Act I have discussed before and can easily address again! Peace.

The Amendment of the Income Tax Act in Uganda; is the first out of many freedoms that the Members of Parliament have given themselves

Uganda Parliament Museveni

It’s been hectic around the Amendment for the Income Tax that has opened the possibility for Members of Parliament and the ones on Diplomatic Missions to not be paying the Income Tax in Uganda. There been an outrage on Social Media, therefore I started to look into it. First will I add the specific amendment that was voted in Parliament now in April 2016, that’s give’s the Members of Parliament no Income Tax, because older laws already gives them Immunity. Certainly this is gift basket to the coming 10th Parliament, as the 9th Parliament gives a tax-break to themselves, as they already have certain obligations and other services provided by law; and that is not so strange they are the makers of laws, so they have made laws that fits them and gives them advantages.

Uganda Shillings

Orignal Law before the Amendment:

93. Cases where returns of income not required

Unless requested by the Commissioner by notice in writing, no return of income shall be

furnished under this Act for a year of income-

(a) by a nonresident person where subsection (4) of section 4 or paragraph (c) of

section 87 or both apply to all the income derived from sources in Uganda by

the person during the year of income; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(b) by a resident individual-

(i) to whom section 4 (4) applies; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(ii) whose total chargeable income for the year of income is subject to the

zero rate of tax under Part I of the Third Schedule to this Act!” (The Income Tax Act, 1st July, 1997)

Ugandan shillings

Here is the what the Amendment of 2016 does to this section:

“Unless requested by the Commissioner by notice in writing, no return of income shall be

furnished under this Act for a year of income-

(a) by a nonresident person where subsection (4) of section 4 or paragraph (c) of

section 87 or both apply to all the income derived from sources in Uganda by

the person during the year of income; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(b) by a resident individual-

(i) to whom section 4(4) applies, except persons employed by diplomatic missions and prescribed organisations on which diplomatic immunities and privileges are conferred;”. (effective 1st July 2016 – Income Tax (Amendment) Act 2016)

(ii) whose total chargeable income for the year of income is subject to the

zero rate of tax under Part I of the Third Schedule to this Act!”

So with the important Amendment to the Tax law tha set the standard for the Diplomatic Immunities and Privileges. They are no except from the Income Tax. That means that the Income or Pay that they are getting so not taxed or their salary is now Tax-Free.

Uganda-parliament-2

And as this complies with Scetion 4 (4) here is what that says:

“4. Income tax imposed:

(4) Where the gross income of a taxpayer for a year of income consists exclusively of

employment income derived from a single employer from which tax has been withheld as

required under section 116, the income tax payable by the taxpayer for the year of income

is the amount equal to the sum of the amounts required to be withheld from such income

under section 116” (The Income Tax Act, 1st July, 1997).

So just to take the last piece of law to put this all together and give meaning while it have created a fuzz and been question what this part of law means that people with Diplomatic Immunity get exception from Income Tax. Even if the Third Part of Law says that people who lives most of the days in Uganda have to pay Income in Uganda, but with this new text to the law, that certain people are exempt and doesn’t have to cough-up the money.

This is what the Parliament (Power and Privileges) Act of 1955 of 24th February 1955 say this in the act:

“2. Immunity from legal proceedings.

No civil or criminal proceedings may be instituted against any member for words spoken before, or written in a report to, Parliament or to a committee, or by reason of any matter or thing brought by the member in Parliament or a committee by petition, bill, motion or otherwise” ( Parliament (Powers and Privileges) Act 1955).

Internal Memo Uganda Parliament 2013

And lets not forget this act to called Parliament (Remuneration of Members) Act 1981, that is still active and give certain benefits the Members of Parliament. It came into effect on 1st July 1981 and is still active and this is what it says:

“4. Regulations:

“amenities” includes housing, transport, medical attention, domestic servants, security guards and secretarial services;

“Minister” means the Minister responsible for public service and Cabinet affairs”, (Parliament (Remuneration of Members) Act 1981).

So they have no cut the Income Tax because the Parliament Law of 1955 gives the Immunity and therefore are they under the provision of the exemption. That is not surprising, but that is a fact. So it is clear that the end of 9th Parliament will be self-serving an in their own interest and not for any common-good for the people.  And the ability of still having colonial laws that are active and not terminated is a little profound for me. As the NRM Regime have tried to rewrite everything, but seems that certain relics of the past is a good thing, if it gives them more power or ability to harass the opposition or control fellow peers. The Immunity of Members of Parliament together with Amenities and now the exception of Income Tax proves the levels of positive acts that are made for MPs to be able to paid salaries and amenties without paying Income Tax. That is astonishing and questionable. That the Minister of Parliament can get funding for housing, transport, medical attention, servants, securities and sectorial services without paying Income Tax on the Salary that are getting. With the benefit of Immunity!

So some laws from the Colonial Past and one law made by Obote II gives an edge together with the new amendment of a law made two years after the “Museveni Constitution” of 1995. Certainly there some ironies that the Members of Parliament are getting funded amenities under the NRM Regime because of President Obote and his UNLA and UPC fixed it 5 years before NRA overthrow them. But that is just me.

The levels of self-serving is just continuing the traditions in the Ugandan Parliament. This is all the way from 1955 to 2016. It might be 50 years apart, still the same mentality is there and the men of power wish to extent their power, if it is immunity, impunity or exception from taxes. The same powers and same common greed is there. As showed in the laws that inflicts the Cabinet and the Members of Parliament. Peace.  

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