Kasangati Court has a “Volunteer-day” and stalls the verdict for Dr. Kizza Besigye House-Arrest!

Daudi Mpaka Kasangati Court 18.03.2016

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”.

Kasangati 17.03.2016

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.  

An affidavit from the former-editor of the Daily Nation Denis Galava who was “sacked” for Political reasons!

daily-nation-east-african-newspapers

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!

Denis Galava

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
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”.

TV Kenyatta Odinga

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”.

kenya-press_2721233b

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.

Darius Tweyambe released after 11 days at Kireka and after the release he visited Kizza Besigye!

Darius Released

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.

Kizza Besigye tells his experience under house-arrest (Youtube-Clip)

“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)

Rwandan Video Report: “The “Spy” who lied to Burundi” (Youtube-Clip)

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.

Kasangati Court Adjured the case of Besigye till tomorrow as the Police needs more time to respond!

Kasangati Court 17.03.2016

It is continuation of the Dr. Kizza Besigye’s siege and house-arrest in Kasangati, Wakiso district. The Police have held him under house arrest since right before the Election Day on the 18th February 2016.

Today the petition to Kasangati Court in Kasangati Trading Centre to free Besigye; early in the morning the judge of the court where they said the Defence had to file it in before 4pm today. The Court said they needed more time to respond to the filed petition to the court. The respondents in this case Police needed more time to respond. So the court is adjured to tomorrow.

Road Block at Kasangati 22.02.2016

From the FDC themselves:

“Mr. Daudi Mpanga, lawyer for Dr. Kizza Besigye informing press that Dr. Besigye’s case is now fixed for hearing, this Friday at Magistrate Court, Kasangati. The case was adjourned to Friday 18th March, 2016 to give the State more time to prepare its response” (FDC, 17.03.2016).

As this happen there has arrived more Police and Security guards around his home. There is already three roadblocks and set of police in the area. He is seemingly a great criminal now that he has filed a petition to the court to be released free from his preventative-arrest and get justice, as he went from being a presidential candidate into a house-arrested fellow without charges, which are still at that state to this day.

The Police of the area have used the time to stall a petition against the Presidential Election of 2016, as they have gone aggressively against the FDC. So this is a continuation of that and the result is that the authority continues with the unlawful behavior, as they use the Preventative-Arrest of Besigye and monitoring everybody in the area. So the time is ticking and the unjust behavior as the state keeps him on guard and under siege. The proud state of Uganda Police has drained down to this and President Museveni must be with his cattle smirking. Peace.  

Hon. Nasasira’s new curse-word: “and with the approval of Parliament”, as he wants to rewrite the Ugandan Communication Act of 2013 with the new amendment!

VPN 18.02.2016 P2

I will here go through the piece of the Communication Act of 2013 sub-section 93 Regulation, where the Ministry of Information and Communication Technology (MoICT), the man who is the sponsor behind the new amendment of the act in 2016, happens to be the Minister of ICT Hon. Eng John Nasasira, he is now repealing a sentence from the law; he is not rewriting the law in a big part or changing the whole law. He is just crossing over a sentence, but that sentence gives the Minister less power, as if he uses the Communications Act of 2013, he have together with the UCC go to Parliament to get it approved for using the act; That is the major fact! And Hon. Nasasira want to do as he please without questions, open accountable actions or with the consent of other people than himself, he want this to be like the Public Order Management Act or the Public Finance Management Act; where the Police or Ministry can go into the Bank of Uganda without having approval of the Parliament to use those laws, this is the same Hon. Nasasira wishes to do. Take a look!

UCC

The Communication Act of 2013:

“93. Regulations.

(1) The Minister may, after consultation with the Commission

and with the approval of Parliament, by statutory instrument, make

regulations for better carrying into effect the provisions of this Act

(2) Without prejudice to subsection (1) the Minister may make

regulations relating to—

(a)fees payable upon the grant or renewal of a licence”.

The new Uganda Communication Act Amendment of 2016 says this:

“1. Amendment of Act No. 1 of 2013.

The Ugandan Communication Act 2013 is amended in section 93 (1)

By the repealing of the words “and with the approval of Parliament”.

(I am just saying) If they do repeal it, since it is not yet voted in the amendment of the law.

Then it would be written like this:

“The Minister may, after consultation with the Commission, by statutory instrument, make regulations for better carrying into effect the provisions of this Act”. 

UCC 23.02.2016

Afterthought: 

That makes the simple matter that the Uganda Communication Committee can act without the approval of the Parliament and under regulation of the minister. That gives the minister the opportunity to act on his or her own without asking or questioned by the Parliament, that means that the powers of the minster is getting stronger, as the Minister of Information and Communication Technology, does not need the contact as the repeal of the law will give way to the Ministry of ICT.

The man behind the amendment is Hon. Eng John Nasasira he is the Minister of Information and Communication Technology (MoICT), so the man who support the amendment wants to give himself a bigger mandate without having to talk his arguments for using the Communication Act of 2013 can use with consent of the UCC, but does not need to get approval or tell anybody in Parliament! So the representative of the people and elected people does not have to power to question the MoICT and UCC for their actions, as the Ministry can on their own use the Act as they please, not according to the Parliament as a lawful provider and the custodian of the laws, as it is supposed to be.

So if you catch my drift the amendment will give more power the minister who oversees the law and the UCC, can use the act as they please, if they amend this amendment. The repeal of words gives the opportunity for the minister to use the extended law without questioning or accountability from the Parliament. So the Parliament should not accept this as this is a way of grabbing more power in a ministry and gives the minister more power. This is an example of draconian law where the minister eats the cake, control the cake and dispense the cake, without being questioned about how he share and show the cake. Hope you follow? Peace.

Reference:

The Ugandan Communication act 2013 – 18.01.2013

The Ugandan Communication (Amendment) Act 2016 – 11.03.2016

Kenya – Appoinment of National Government Spokesperson (Supposed: 16.03.2016)

Appointment of Nat. Gov. Spokesmen Kenya

UN Secretary-General Report on the DRC: the humanitarian and security situation of March 2016; Unsure situation with Guerrillas, M-23 and coming election!

M23 Goma P3

The Secretary General has written a report on the status of Democratic Republic of Congo. This here is for me the main aspects of it, as I don’t look at the general cooperation’s and work between the countries in the Great Lakes areas, I will not look into the laws and ratifications that DRC as a nation supposed to follow. As this is the UN and the moral authority, as they work together with other nations to set a standard in the nation, and create an environment for peace. Therefore I have picked certain aspects from the report. As it is a continuation of what I have described before and we can see continuation of it. Take a look!

Context of Illegal groups:

“Continued presence of illegal armed groups, including the Forces démocratiques de libération du Rwanda (FDLR), the Allied Democratic Forces, the Forces de résistance patriotiques de l’Ituri (FRPI) and several Mai-Mai militias, continues to threaten the security and stability of the region and negatively affects the implementation of the Framework. Furthermore, there was little progress towards the repatriation and demobilization of ex-combatants, including from the former Mouvement du 23 mars (M23) and FDLR, registered during the reporting period. The crisis in Burundi and its far-reaching impact have also contributed to the deterioration of the political, security and humanitarian situation in the region” (United Nation, 2016).

M23 Goma

On M23 situation:

“Almost two years after the signing of the Nairobi Declarations by the Government of the Democratic Republic of the Congo and the former M23 rebel group, implementation remains stalled. Hundreds of ex-M23 combatants are yet to be repatriated from Rwanda and Uganda” (…)”On 23 October 2015, ex-M23 political leader Bertrand Bisimwa issued a statement asserting that the former rebel group would not continue to honour its commitments under the Nairobi Declarations on the grounds that the Government had deliberately refused to implement its part of the agreement. He further stated that the former rebel group would not accept any attempt to repatriate ex-combatants outside the provisions of the Nairobi Declaration” (…)”The National Oversight Mechanism denounced the lack of will by ex-M23 leaders and recalled the Congolese Government’s efforts to fulfil its commitments, notably by promulgating an amnesty law in February 2014 and by initiating the repatriation of consenting ex-M23 combatants” (…)”On 10 November, Mr. Bisimwa appointed Désiré Rwigema as the new ex-M23 coordinator tasked to oversee the implementation of the Nairobi Declarations in close coordination with the National Oversight Mechanism. Mr. Rwigema replaced René Abandi, who had stepped down as coordinator in January 2015 and is now in charge of transforming the former rebel group into a political party” (United Nation, 2016).

Lusenda Burundi Refugee Camp

Humanitarian Situation:

“The humanitarian situation resulting from the influx of some 245,000 refugees from Burundi into neighbouring countries since April 2015 remains a matter of concern and priority” (…)”Inside Burundi, the crisis has exacerbated the situation faced by an already vulnerable population that includes 25,000 internally displaced persons. Protection of civilians is a growing concern; over 445 people have been killed since violence erupted in April 2015. The country’s instability has also caused the deterioration of already fragile livelihoods, with the result that some 3.6 million people are considered food insecure and 150,000 children under 5 years of age acutely malnourished” (…)”Some 1.5 million people have been internally displaced, while 7.5 million people are in need of assistance throughout the country. The forced closure of the site for internally displaced persons in Mukoto, North Kivu, on 12 January 2016 caused new displacement” (United Nation, 2016).

Human Rights:

“In the Democratic Republic of the Congo, security and intelligence officers have reportedly clamped down on activists and political opponents opposed to changes to the country’s constitutional provision on presidential term limits. As indicated above, the security situation in the eastern Democratic Republic of the Congo remains volatile, with armed groups, particularly the Allied Democratic Forces and FDLR, carrying out deadly attacks on civilians and committing acts of sexual violence” (United Nation, 2016).

Ladislas Ntaganzwa

Arrests:

“the Congolese National Police arrested Ladislas Ntaganzwa on 8 December 2015, pursuant to an arrest warrant and order to transfer issued by the International Residual Mechanism for Criminal Tribunals on 7 May 2014. Mr. Ntaganzwa had been indicted by the International Criminal Tribunal for Rwanda for genocide, direct and public incitement to commit genocide, and crimes against humanity, in connection with his actions during the 1994 genocide in Rwanda. He had been at large since 19 June 1996 and was allegedly living in North Kivu under the protection of FDLR” (…)”the Government of Rwanda reciprocates by transferring the former leader of the National Congress for the Defence of the People, Laurent Nkunda, as well as other Congolese nationals who are the subject of arrest warrants issued by the Democratic Republic of the Congo. On a related note, little progress was made in bringing to justice six ex-M23 members who are sought on Congolese arrest warrants for war crimes and crimes against humanity” (United Nation, 2016).

drc-election

Elections:

“The past six months have seen a number of electoral processes in the Great Lakes region. Elections will continue to be held in the region over the next two years, and the risk of attendant instability cannot be ruled out. Electoral processes must take place in a fair, transparent, inclusive and non-violent manner” (…)”The Democratic Republic of the Congo is entering a crucial period marked by preparations for a national dialogue ahead of upcoming general elections. I reiterate my call for any dialogue to be inclusive and enable stakeholders to discuss contentious issues in a climate of openness and mutual respect. I urge all Congolese to commit to resolving their differences through dialogue and consultations, with a view to creating the conditions for peaceful, inclusive and credible elections in an environment that provides adequate political space and in which human rights are respected. I express the full support of the United Nations for the former Prime Minister of Togo, Edem Kodjo, in his role as facilitator of the national dialogue” (United Nation, 2016).

Afterthought:

This here should be interesting and also seen as a continuation of the M23 situation and IDPs who has not a secure situation, as the violence, guerrillas, as the Nairobi Declaration is not been acted upon. Therefore the guerrillas are walking free with no pressure as the Nairobi Declaration gives pressure to Rwanda and Uganda who has kept the M23 Guerillas.

The situation is certainly questionable with the Human Rights situation with the arrests of certain people and the troubles of the Electoral Process before the General Election in the DRC, this report is about the general security situation, with the MONUSCO and the guerrillas that the National Army of the DRC work to contain, together with the citizens who lives in the conditions that the army and peacekeepers make. That is why the army and the Congolese have to follow.

The DRC continues to struggle with FDLR and ADF-NALU, also the issue with M-23 and other aspects that make the national security situation volatile and creates the problems for the citizens while the Army and MONUSCO have missions to sustain the guerrillas and secure that the M-23 get the trial and the once that are freed and the once creating a political party, while waiting for the Nairobi Declaration to be followed by the Authorities, and also get the once with the warrants has not been returned and worked on as they did crime against humanity. That is worth thinking about, and why certain government stifle on those guerillas. Peace.

Reference:

United Nation Security Council – ‘Report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region’ (09.03.2016)

KDF Operational Update – Afmadhow (16.03.2016)

MoD 16.03.2016