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

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

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

The Penal Code Section 167. says:

Idle and disorderly persons.

Any person who—

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

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

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

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

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

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

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

Short history of the Penal Code:

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

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

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

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

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Uganda Police Force: Curcular – Sub: Arresting People for the Crime of “Idle and Disorderly” (01.10.2019)

Opinion: Andrew, the man who will defend the indefensible too make Mzee look good!

I will not look into the whole piece that Andrew Mwenda dropped on Facebook today. Because, that is a waste of time. However, I will look at few extracts and dismiss them. Since, the realities are far-fetched. Just like pointing at cars, carrying goats or saying corruption is good for economic growth. Is all staple defence of the editor and owner of the Independent Magazine.

Surely, Mwenda knows all this, but hopes people are eating of his hands. He hopes people are so naive and lack free thought, to think that his ideas and his ways of explaining things have become bonkers. He should join in with Ofwono Opondo, get reassigned to the New Vision and UBC. There is where he belong. There is no independent thought in this man, only if it is deflect the actual issues of the day.

Just look at this: “While NRM’s political fortunes are declining, the opposition is not inspiring much confidence. The growth in the opposition’s is far below the growth and spread of disaffection with NRM and President Yoweri Museveni. The radical extremism of the two most popular cults of the opposition – Defiance and its bastard child, People Power – has led to levels of intolerance of divergent views that most Ugandans have decided to keep away from electoral politics” (Andrew Mwenda, 30.09.2019).

What is striking, how his not seeing his own delusion, but maybe some favours and envelopes makes the man close his eyes. It is like his only seeing negative and negate all acts of the state against the Forum for Democratic Change (FDC) – Defiance and the People Power Movement. These are only an ill or evil, for someone who blamed Museveni of killing Garang and saying he was the common denominator of the troubles of the Republic. There years has worn off.

His seeing differently and for a reason. The opposition isn’t always right. That is a given, it has policies and ideas whose not all good. But that doesn’t defend the ways Mwenda attacks them. Like they are organizations with sacred secrets, which only the anointed could get. That is not how these two opposition parties work. It is more closer to the “orders from above” and the personality cult built around Museveni. That Mwenda should questioned, but when your paid writer for him. You will, overlook the narrative and cast the troubles on the other side automatically.

He speaks of intolerance within the opposition. It isn’t strange the opposition sees issues different from the NRM. As the NRM and the authorities are arresting, detaining and directly using oppressive means to silence the opposition. All means, all laws and all organizing proper party works are monitored, followed and if you misstep you get arrested. While the NRM can do whatever it will. This is not something Mwenda touches, because that destroys the Saint Museveni, as he sees him these days.

Uganda’s opposition is deluded. They believe they occupy such a superior moral ground, that they are so awesome and cool, their position is so self-evidently righteous; so they do not need to win over people. They believe everyone should support them as of right because they are “liberators.” They believe, and I think correctly, that most Ugandans are frustrated with Museveni and his NRM. However, they mistake this to mean most Ugandans love them” (Andrew Mwenda, 30.09.2019).

If the NRM is so loved and Museveni has such an popularity. Why does he need the army to make every single by-election looking like a war-zone? If his so loved, why does his RDCs order the radios from blocking opposition from being on-air? Why if the NRM is such a popular party, why does it give monetary and things to the voters to get votes? If the NRM is so popular, why does it has to detain the People Power coordinators and other opposition activist ahead and in the final days of the polls?

Why, Mr. Mwenda, why isn’t this mentioned? That because, that breaks the ideal of this so-called popularity. Also, why no mention of the open bazaar of pre-ticked ballots into the By-Election that the NRM “won”.

If his so loved, why does he have to pay the citizens and voters to get their vote? That doesn’t make sense to me. But neither does saying corruption and counting cars in the streets say anything about the growth potential in the Republic. However, you believed in this and now you writing such things like this.

Mwenda is a lost soul, but we know why. His free-thinking days are gone. His blind-sided and we has to expect that. He will defend murder for the case of the NRM. He will defend theft and thieving for the case of the NRM. He will defend election rigging for the case of the NRM. No matter what the NRM does, it is better than anyone else. Because, Mwenda cannot have his place or prestige without the NRM. His bound by the fate of the NRM.

The yellow has to pump in his veins, if not his ability to have a proper meal ticket goes away. That is why he cannot strike against the NRM. Peace.

Opinion: Mzee’s marvellous attempt to celebrate victories in the recent by-elections!

The NRM will continue to perform while the Opposition continues to lie. Performance will outlive lying. The NRM, however, must address the organization weaknesses” (Yoweri Kaguta Museveni, 28.09.2019).

There is something special about President Yoweri Kaguta Museveni. I don’t know if he knows it himself. But usually, he deflects all the ills of his own regime and puts it on the Opposition. If there was anyone who has eaten foreign aid, whose taken foreign loans and grants. It is him. If it wasn’t for foreign backers, his army and his security outfits wouldn’t be as functional and operational as it is. Therefore, he should be careful to critic the need for foreign backing. Because, his government have thrived on it. To say something else is an lie, but Museveni lives on lies and spread lies. The truth hurts and he doesn’t want to do that.

The performance of NRM wasn’t stellar, but that is not needed. They control all parts of government, they have appointed men doing the tally and they can finesse results as they see fit. The charade can continue, while mighty Mzee can profess his stories, his narratives as the latest victor of the 1980s. That is what he does. In the text dropped today, he dropped a history lesson, I will not indulged into that. But maybe Mzee forgot in the bush, he asked (Pike) to tell the British to give a 1,000,000 bullets and arms to beat Obote II, as referenced in his recent book.

Therefore, when he asked for foreign help. It was always dandy, because it helped his cause and his mission. His own victories and his own self-styled presidency for life. But, nobody else should do that. Because, that is undemocratic. Even getting arms from Libya during the Bush-War would now be seen as unpatriotic, by this old man, but his forgetting. He did that, but will not confess to it.

I’m just taking snippets of the text he released, because its the a-typical text from him. With all achievements, percentages and long-term change since 1986. Not, what it has done in the recent decade and who assisted the government in doing so. Even if the USAID or anyone else contributed the main funds, he will deflect that, because the GoU and NRM did it all.

What the Opposition cannot kill, no matter how hard they and their foreign backers work, is the enduring love the population of Uganda have for the NRM on account of its programmes- right from 1981- when we came out as a distinct political-military organization. Especially now, with the massive development and transformation taking place in the Country, it is pathetic to see these Opposition members , zooming around the country at break-neck speeds on our brand- new tarmac roads built by the NRM from zero, saying that NRM has done nothing!! It is so shameful and pathetic but it is good for the NRM” (Yoweri Kaguta Museveni 28.09.2019).

It is unique for a President who rely so much of the funding of these infrastructure projects and developments from foreigners. Even the recent three packages of oil roads are solely paid 85% on Chinese loans and 15 % of the Government of Uganda given mostly to Chinese contractors. I could go on, but that is boring. That is why, when the development projects are so costly, prices per kilometres are spiralling out of hand, the Kampala-Jinja Expressway is so expensive. That my mind shattered reading the price. However, the opposition should praise these marvels of bloated priced roads? Seriously?

Who will pay it, the citizens and the future generations, when Mzee is long dead and his remains are praised by Andrew and Odrek. The rest is wondering, how society to get tricked to buy into these schemes and letting the state eat of all the money. Just for some tarmac and road-construction. Not like these loans and developments are sending people to Mars. No, they are letting South Sudanese businessmen into Gulu.

As Mzee continues:

Having failed to convince the people, then the Opposition plans to cheat and be violent. Here, they are assisted by a Police force that had been infiltrated by, Kawukumi (emuungwe). Why should a Police personnel tolerate somebody using bad language in political campaign? You have no right to speak rudely to any Ugandan or to beat anybody. I was told that the Opposition elements were trying to riot and destroy property in the area because they had been blocked by slightly better organization to repeat the cheating they did in Arua, Jinja and Bugiri. Their schemes will fail. The little skirmishes the Opposition engineers, help me to see the resolute cadres of the NRM that will take that glorious Movement to a higher level. I thank all the NRM cadres that stood resolutely against the schemes of the unpatriotic elements” (Yoweri Kaguta Museveni, 28.09.2019).

When speaking of conviction, the party known for voting bribery, voter tourism and pre-ticked ballots. Shouldn’t speak of cheating, neither with their force of using the state apparatus to arrest, detain and silence the opposition in the important hours of counting and on election day. Which doesn’t happen to the NRM, even if they use state resources, cars and other venues to trigger voters their way. So, when saying it was rigging in the lost by-elections, his directly saying, that only happens when the opposition are winning? Did you see that?

The man who makes and orders from above, to send the military police, the flying squad and whatever other outfits to arrest. He claims they are violent in their language. This coming from the man, who calls opposition vermin, parasites and so-on. The Leopards Anus, should clean his own mouth, before calling out names. He should look into his own track-record. He calls the other parties, the opposition unpatriotic, which means they are opposed to him. Because, him as the fake father of the nation, is the one your supposed to have sworn loyalty to and not to the ideal of the Republic. “For God and for Country”.

Enough of this forged narrative. We seen this enough times, when does this ever get old? When can I stop debunking the same sort of spread sheet?

Well, time will tell. Peace.

Hoima By-Election: Robert Kyagulanyi aka Bobi Wine Statement (27.09.2019)

Fellow Ugandans,

I have restrained myself from speaking about what has been going on in Hoima for the past two days. Now that a candidate was declared winner, I will say a few things.

First, let me congratulate comrade Nyakato Asinasi Kamanda, our candidate for Hoima District Woman MP. Thank you for putting up such a spirited fight. You did not have even 1% of the resources poured into this election by the NRM regime, but you did your best- waking up each day to move to the nearest and farthest points of Hoima district. You are a true fighter. The people of Bunyoro have a great asset in you. I congratulate the people of Hoima; the people of Bunyoro for making every effort to exercise your constitutional right to vote despite untold levels of intimidation by the regime. Thank you for embracing the message of change is such an incredible way. I can understand the level of disappointment you have today as you wake up to have another leader imposed on you; your will usurped. But courage my friends- ultimately, the battle shall be won!

Second, I congratulate and appreciate the forces of change for coming together in a rare display of unity in Hoima. I thank the many leaders in FDC, ANT, DP and other forces who have been positive to this cooperation.There were challenges of course. There are those who have decided at every point to put their personal or party interests above the interests of the people of Uganda. We condemn this behavior and moving forward, we must have discussions and decide what is more important.

As #PeoplePower, we came in to support an FDC candidate simply because we place the struggle for a better Uganda above anything else. It defeated all logic to see some leaders, apparently in the opposition, do everything to frustrate comrade Nyakato’s victory simply because she embraced and identified with #PeoplePower.

Third, I want to join my fellow leaders and other Ugandans in condemning the very high levels of election malpractices that were displayed in this election. As I did mention a few days ago, security forces have for these past days deployed in Hoima, not to keep law and order but to help Museveni and his regime rig this election. So many of our candidate’s supporters and agents were arrested. Many were brutalized. Some of them are held in detention centres outside Hoima. On the day of voting, many were brutally chased away from polling stations. The tally center was raided.

Our teams on the ground spent the day in running battles with vehicles which had pre-ticked ballots in favor of the NRM candidate. Available information shows that they took advantage of the vastness of the district to stuff ballots early morning in remote areas, and were caught later in the day. Several people recorded these things on video, which is why Museveni and his regime are moving to ban cameras from polling stations come 2021.
Her team has Declaration Forms which show different results from those which were declared. We shall support the candidate in every way if she seeks to challenge these violations. But let me also make it clear that these gross violations only make us stronger! They give us more reason to fight on. They prove to us that our cause is a right cause! Therefore we are not fazed- we are only challenged to work even harder.

Therefore, I want to encourage the people of Uganda not to lose sight of the cause and the urgency with which we must work. This whole night, I have been on phone with our foot soldiers and supporters who are understandably very angry and frustrated with the regime. Some are very disappointed and frustrated with the behavior of some elements within the forces of change. My message to these comrades has been that these are phases we must go through in a struggle as big and as serious as this. We are dealing with a desperate regime which is always on the look out for who to compromise. Therefore, the most important thing is to pick lessons. These lessons are indeed invaluable as we prepare for the final onslaught come 2021.

I have invited the #PeoplePower leadership for a meeting at which we shall assess this election and decide how to move forward. The good news is that dictators throughout history have done such things in an even smarter way than Museveni- but ultimately they fell and were dropped in the dustbin of history. The most important thing for us is to be smarter and more organized than the dictatorship. I am persuaded beyond doubt that we shall soon overcome.

Opinion: The Party formed in reactions to of a rigged election are now praising their own rigged by-elections!

We have had two more By-Elections in the Republic. This being in Hoima and in Kaabong, as the new Woman MPs was elected and the Declaration Form was delivered to the public today. After the darkness arrived and the uncertainty of what the real outcome would be. Since, the National Resistance Movement and the President had invested heavy into the both elections. Sent the army, bribing voters, pre-ticketing ballots and whatever else of techniques to “win”.

Surely, the number and the statistics will be weird and inconsistent, just like the amount of invalid votes and the spoiled number combined with total amount of voters. Also in combination of the voter turnout in 2016 versus in 2019. That also shows something is up. The numbers seems strange and also the ways the state did operate in the by-elections. We have the right to question it.

The way the NRM and its spokespersons did proclaim the victory. The way the Electoral Commission debunked released numbers from polling stations, as the waiting game for the real numbers happen through the night. As in the morning the Declaration Form was released and the victory was verified.

As in the glory of this false victory… the forged and rigged election, the President has to act righteous and as a big-man. That is why he was writing this:

The people of Hoima, mwebale muno, thank you for voting the National Resistance Movement, and my daughter Harriet Mugenyi. You have chosen to consolidate the NRM achievements, by voting a pro-development MP. Our people of Kaabong, Alakara nooi, you have shown that even with the lies from the Opposition, you know where the light is. I congratulate My daughter Tubo Christine Nakwang for winning the woman MP by-election. I also congratulate the NRM structures in the two districts for doing a good job and delivering these victories. The NRM is stronger than ever and its vision is correct” (Yoweri Kaguta Museveni, 27.09.2019).

I wonder when the NRM says it was does, if delivering victories by blocking, arresting, voter bribing and direct rigging of the counting the ballots. Then its not really a victory. It is a big-game and misuse of power, which isn’t new, but this administration should have known better. Because, this one exists because of previous administration; which was supposed to have rigged the election in 1980. If there is one post-1980 should do, is to avoid the same sins, but instead it revamps it at every junction.

In the same instance, if the government was honest and having a level playing-field. The People Power Movement coordinators would be arrested, they wouldn’t detained and harmed by security agents, either soldiers, Special Forces Command (SFC) and police officers. If the NRM believed in their vision and their party achievements. It wouldn’t need to arrest so many people, block opposition people from campaigning on the radio and so-on. However, this is what it does.

Not strange that they would edit the results and “secure” the victory. Like they really won. The NRM can’t win in a fair game. It cannot, its hard to believe, because By-Elections becomes like War-Zones and your affiliation deems you fit or unfit to be close to the polls. Even if the person is already registered or confirmed decent by the rules of the Electoral Commission. Still, the authorities are picking up and pursuing opposition coordinators and so-on.

This is why, with the questionable numbers, the ill-actions of the state and the proclaimed victory on TV hours before the EC released the official numbers. We can surely say, this was written in the stars and just like the past elections was done too.

The President who went to the Bush for justice, is now promoting injustice and rigged elections. Which is weird, but power corrupts and that is shown by this mere polls alone. Peace.

Kaabong By-Election: Return Form for Transmission of Results (27.09.2019)

Hoima By-Election: Return Form for Transmission of Results (27.09.2019)

Hoima By-Elections: Into the darkside.

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

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

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

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

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

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

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

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

CCEDU: Polling Day Statement – Hoima District Woman Member of Parliament By-Election (26.09.2019)

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