Uganda: Leadership Code Amendment of 2016; what are the important changes in the law?

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The original Leadership Code of Uganda where commencement 26th June 1992 in the early years of the National Resistance Movement; so the Government of Uganda need more to revised and amended as the Minister for Ethics Reverend Simon Lodoko has ideas to make the Leaders and Civil servants more ethical inspired. This done with amending a new law and making it stricter and giving the Ministry a strong Authority with a legal power as the law propose to change a very subtle committee who discuss proposed leadership breaches with Parliament and Minister; the Tribunal are having more ability to actually following the breaching and unethical behavior from leaders and their snitching ways. That is why the Tribunal gets revised from a measly Committee towards a powerful Tribunal!

Take a look at important issues that are wished revised and changed to make the 1992 law better and more control from the Central Government!

In the original – 

Section 10:

(1): “A leader shall not put himself or herself in a position in which his or her personal interest conflicts with his or her duties and responsibilities”

In the new Amendment:

(1)“A gift or donation to a leader at any public or governmental occasion shall be treated as a gift or donation to the Government or the institution represented by the leader and shall be declared so to the Inspector General; but the Government or the institution shall keep an inventory of the gift”.

There is a giant different between putting himself in a conflict and getting a gift. The Conflict is by approaching an offer that might substantially discredit the decisions alters the judgement done by the leader of government or in any government institutions. That is different from becoming somebody who get gift and has to give it to the government and institution who the leader works for. The gifts system is normal in many states as the leader and civil servants represent the states and cannot take bribes of gifts and such therefore these laws exist to make sure gifts and donations doesn’t become an issue to secure the vote/regulation/license or use the government institution to gain more than the competitor that doesn’t give or donate to the government leader.

Therefore the rule change is healthy, but will it just be lawful text and followed up the current leadership and only done as PR stunt as the NRM Regime hasn’t really been showing talent for accountability and transparency other than stern warnings and when donor aid has been cut. Then the government has swallowed a few bloody court cases and showing grand-corruption to prove their ability to honest budgeting; while going back to office when the court are gone and the questions from donors are silent. Therefore I have doubt that this law has affect as the Auditor General and Inspector General of Government (IGG) doesn’t even dig deep into the current corruption; so this seem like beautiful words, but will they acted upon?

Create a Tribunal:

Other key ones are adding a Tribunal that the leaders and representatives for government institutions report to and follow the ethics of their actions. They will have a chairperson that is elected by the Parliament and the ones in Parliament cannot appoint a chairperson, unless they can appoint a High Judge of the High Court. Which is part of the new 19 Section in 19A and 19B; this Tribunal will be elected by the President and Public Service Commission; with approval of the Parliament (19C).

This Tribunal will follow the case if non-else party is available to fetch evidence and collect affidavits as long as they believe it is “subject cause”. They can even interrogate needed persons even “abroad”. New in 19R (5): “The Tribunal may make an order in to costs against any party, and the order shall be enforceable in the same manner as an order of the High Court”. So the Tribunal will get the same value as a Court Order to follow the cases and follow the alleged breaches of the Leadership Code.

The strictest clear rules on the Tribunal is in the 19Z:

“A Person who –

  • Insults a member in, or in relations to, the exercise of his or her powers or functions as a member of the tribunal;
  • Interrupts the proceedings of the Tribunal;
  • Creates a disturbances, or takes part in creating a disturbance in or near a place where the Tribunal is sitting; or
  • Does any other act or thing that would, if the Tribunal were a court of record, constitute contempt of court, commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or imprisonment not exceeding six months or both”

Another change is the total replacement of this part of the law:

“20. Report of the committee.

Upon the completion of an inquiry conducted by the committee or upon receipt of a report of findings submitted by the Inspector General of Government or the Inspector General of Police or the Auditor General under section 19, the committee shall make a report to the authorised person; and in a case where the committee or the Inspector General of Government or the Inspector General of Police or the Auditor General has found that the leader whose conduct was inquired into is in breach of this Code, the committee shall make such recommendations as it considers appropriate as to action to be taken against the leader.

The committee’s report under subsection (1) shall be made public and shall state whether the leader is or is not in breach of this Code in respect of the specific matters inquired into by the committee and, in the case of a breach, shall set out—

 the nature of the breach which the leader has been found to have committed;

the circumstances of the breach;

a brief summary of the evidence received during the inquiry into the breach; and

its findings and recommendations.”

This with the amendment changes to this:

“(1) The Registrar of the Tribunal shall inform the authorised person in writing, of the decision of the Tribunal, within thirty days after the date of the decision.

(2) The authorised person shall upon receipt of the decision under subsection(1) take actions within thirty days.

(3) The authorised person shall report to the Tribunal in writing within fourteen days after the explaination of the thirty days referred to in subsection (2) of the action taken by him or her”.

Here the Tribunal doesn’t need to go public as they needed before, because this section is changed and amended with the new Leadership Code of 2016, this proves the writing happens between authorised person and the Tribunal and not to commit it public. It means within 30 days actions against a person will happen, but not publicly. So the Tribunal compared to the Committee of old can work in silence and act against somebody without common knowledge.

As the Section 23 original law says this:

“23. Procedure of the committee.

Subject to this Code, the committee may, after consultation with the Minister, make rules regulating its procedure under this Code”.

The newly amendment says this:

“Procuring information and attendance of witnesses.

Subject to this Act, the inspectorate may –

  • Summon any person who, in the opinion of the Inspectorate, is able to give information relating to any matter relevant, to the investigation being conducted by it, to appear before inspectorate and to furnish such information and produce any documents, papers or thing that may be in possession or under the control of that person; and
  • By order in writing, summon the person to attend before the inspectorate at a specified time and place and to be examined on oath”.

With this substantial change together with the others, the powers of the Tribunal is to inspect and get witness report or an affidavit as the summons of a person who might have information has to answer to the Inspectorate for the Tribunal under oath. The relevancy of this is the powers that the law might give the Tribunal as they can investigate and summon. Not only consult with minister after the code has been followed by the Committee. So the powers of following breaches of the set the law gets more ability to sanctions citizens. While the Tribunal get more power than a Committee that ask the Parliament for ability to act like the Leadership Code of 1992 does. Peace.

Letter from UPF: “Request for a Video Recording on the Purported Swearing-In of Col. Dr. Kizza Besigye on Your Official Tweeter Handle” (02.09.2016)

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Stanbic Bank Official Response – Mukono Branch Incident CCTV Footage (01.09.2016)

Stanbic 01.09.2016

Statement: What you need to know about Ms. Hellen Obuk’s Case (01.09.2016)

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#PoliceBrutality Letter- Re: Uganda Vs Mohammed Sebuufu & Others (August 2016)

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Magistrate halts case against IGP Kayihura pending constitutional court decision (Youtube-Clip)

“The Makindye Magistrates’court has formally stayed the criminal prosecution of the Inspector General of Police General Kale Kayihura and seven of his senior police commanders over torture. On Monday morning, Presiding Grade One magistrate, Juliet Nakitende, ordered that the proceedings against Kayihura be halted until the court receives further directives from the Constitutional Court. Magistrate Nakitende was moved by an order issued and signed by the Deputy Chief Justice Steven Kavuma last Friday, which suspended the said trial until the Constitutional Court hears and determines a petition filed by a city advocate Robert Rutalo challenging Kayihura’s trial on torture charges. Justice Kavuma’s order was served and presented before court by David Wandera Oudo, Rutalo’s advocate. The DPP represented by the Makindye court Resident State Attorney, Immaculate Angutoko, also informed court that he has officially taken over Kayihura’s prosecution and only needs assistance from private lawyers to avail him with the necessary evidence. After court, the petitioner in the Constitutional Court Rutalo told journalists that he was never paid by Gen. Kayihura to challenge the IGP’s trial” (NTV Uganda, 2016)

Opinion: The Ugandan State Officials tries to Torpedo the #PoliceBrutality Case of IGP Kayihura!

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The Ugandan Officials cannot help themselves even if they are drowning in Lake Albert; they will still claim: “There isn’t any WATER here!” That is just the way they are for the moment. They are just for the moment more focused on the brown envelopes from the Executive, than actually taking care of the neglect of service towards the citizens. That is the key for them at the moment… why do I say that?

Well, the Police Brutality and the questionable behaviour of the Police Force in the recent months and for a long while finally ended in a petition and a Court Case at the Makindye Magistrate Court. Something that first got the impunity of the Police Commanders and the Head of the Department IGP Kale Kayihura to disobediently smooch with fellow compatriots from Algeria than show up in Court that day.

After that we’re the violent supporters of Kayihura and the Police a lawyer’s car and also closed of the area to seal off the petitioners against the lawmen. The demonstrations and their behaviour we’re sanctioned by the Police, while the Police has on the same acts of the Opposition or ordinary citizens acted with violence or detaining fellow citizens. So the ironic staged affairs are openly showing the blatant disregard for equal laws for the people. The Police Force and their commanders are apparently above the law.

So tomorrow the Police Commanders are supposed to answer for their brutal affairs and misconduct in service as civil servants. They represent the people and they are supposed to create a safe society. Instead they are the once that have a monopoly on violence against innocent citizens. At the same time before the weekend the all but famous for justice and just understand of law. Honourable and Deputy Court Justice (DCJ) Stephen Kavuma kind of thinking of cancelling it or disperse it. This happens days after DPP Mike Chibita wanted to control it and now even the DCJ Kavuma even drops his few cents. So that the Makindye Magistrate Court becomes second fiddle to the other Government Law Officials who want’s to torpedo the case.

kavuma

The DCJ Stephen Kavuma who has fought against the Forum for Democratic Change during the early year and suspended the party who answered the fraudulent election and cast of ballots. So the Defiance campaign we’re shut down with Interim Order, so again the Justice Officer showed his gallant ways to counter normalcy to please his fellow Executive. Because the Executive is above the law and the men who shield him can do what they please. The rest have to beg for mercy even when the Police go against the law and detain people without any warrant or just cause. If they are detained days upon days for wearing wrong T-shirt or being a part of Consultation meeting for the wrong party. Even when they are detained days upon days when the local judge have ordered them free, the Police Commander still let the linger in jail without any charge. That can be supported, but a Police Brutality case against the Police Commanders and IGP Kayihura proves that the law is not similar to them all.

The FDC and their men have battled court and have to take every precaution when they are detained and released from prison. And if they don’t show up on time to court, than they are sanctioned and house-arrested even when the warrant or charge is non-existent towards them. So when the Defiance Campaign we’re a problem they we’re on them like they we’re a disease and needed quick remedy.

But when it comes to his case and the case against the Police Commanders he can show disregard. He disgraces the court and the basic lawfulness. As he is on the top and sanctions other citizens and political opposition he acts without any caution. Still, with that in mind his men and leadership acts without honour or bravery.

IGP Kale 03.05.2016

While he had “supporters” around the Makindye Magistrate Court last time who violently and closed off the area where they tormented the petitioners. Now, today there a celebration and rally for Crime Preventers who are most likely going to protest the case in Kampala and Makindye tomorrow. As the shipped pocket-changed loose-police affiliated organization will be used as a tool to oppress the opinion of the police brutality. As they will be day after left behind in Kampala as the Uganda Police Force doesn’t pay them to travel home to whatever district in Ankoli, Acholi, Busoga or Toro they really are from. The same they did during the campaign period… The NRM and the Police Force cannot help themselves when it comes to this.

When just comes 24 hours to Kampala, the Crime Preventers as they have to fight extreme crime in the City just before Court case happens. Just as they think people are stupid and can’t put two and two together. They come to claim the legality and shut down the citizens who might want to show up and question the behaviour against the state and their top-officials. Something IGP Kayihura and his top Police Commanders are. They are top-officials and men who supposed to be regarded and leaders. The Uganda Police isn’t above the law, even if the lawmakers and justices are letting them go off the hook right now. Because the reality is that the citizens and the ones watching knows that the Police Brutality will be torn in the flesh. Not only to the ones who we’re beaten for “just being on the wrong street at the wrong time”, but also the leaders who sanctioned the behaviours of the Police Officers to do so!

They will not be forgotten, all the live-bullets, killings, the hurt people after the mambas and the beatings after political rallies. They will be victims that will be on the CV of IGP Kale Kayihura. This will be words in the remembrance of the Police Commander, that I’m not so sorry to say: “he didn’t give a fuck about the lives of the citizens of Uganda”. He only cared about his own position and the ruling party existence, but not justice for all men under the law. That is what this case and the actions of all parts of the state shows disregard for decency and justice. The other people are acted upon as they are guilty before proven innocent. While the IGP Kayihura and his Police Commanders are innocent and above the law, before proven guilty; which is the disregard of the law. If you think otherwise you have to get your mind corrected. Peace.

DCJ Stephen Kavuma Interim Order on IGP Kale Kayihura #PoliceBrutality Case (25.08.2016)

DPP Kale Kayihura Doc Aug 2016 P1DPP Kale Kayihura Doc Aug 2016 P2

Uganda: IGP rumors: “This information is not true and is aimed at creating unnecessary tension and unrest” – AIGP Kaweesi (27.08.2016)

Social media Rumors 27.08.2016

Uganda: Letter – Withdraw of the Case Against Gen. Kale Kayihura (25.08.2016)

IGP