#ParadisePapers: MoFA Sam Kuteesa has moved his profits to the Seychelles (ENHAS to Katonga Investment)

It is now revealed that Foreign Minister Sam Kahamba Kuteesa, the former United Nations President for the General Assembly of 69th Session are now involved in the midst of the newest Paradise Papers, which is a continuation of the Panama Papers. These are revelation that shows how the wealthy are spreading their wealth to tax-havens.

The newest revelations inside the National Resistance Movement and the MoFA Kuteesa, who has been a loyal minister and NRM crony to President Yoweri Kaguta Museveni. He through help of Appleby started a holding company, that being Katonga Investment Limited. The funds came ENHAS, which is the Entebbe Handling Services. The document revealed in the transaction was signed by fellow employees of Appleby, this being Malcolm Moller and Patrick Lee Mohin, they signed the company through 30th November 2012. Kuteesa was introduced by Justin Dibb. Dibb is a financial juggernaut who has taken part in deals on the African continent, as Chief Executive Officer of Allied Resources Limited and Managing Director of Dominion Petroleum Limited. So he has clearly made friends in and around the circles Kuteesa. Clearly the Petroleum based financier and director had some good advice for him.

This for a deal made in 2012 to make sure the funds for ENHAS are secured on a holding company or a shell company in Seychelles. Appleby Company even wrote a guide called ‘GUIDE TO INTERNATIONAL BUSINESS COMPANIES IN SEYCHELLES’ which states this: “An IBC (or a shareholder thereof) is not subject to any tax or duty on income or profits accruing to or deriving from such IBC or in connection with any transaction to which the IBC (or shareholder, as the case may be), is a party (§109(1)). Notwithstanding any provision of the Stamp Duty Act 1975, (a) all transfers of property to or by an IBC; (b) all transactions in respect of the shares, debt obligations or other securities of an IBC; and (c) all other transactions relating to the business of an IBC, are exempt from the payment of stamp duty (§109(2)). The Exchange Control Act does not apply to an IBC or to any transactions relating to the securities of or in the IBC between the holders of such securities (§109(3)). The exemptions above are expressed to remain in force for a period of twenty years from the date of incorporation of a company under the IBC Act (§109(4))” (Appleby, 2014).

That would mean that Appleby Company combined with the agreements and tax exemptions in the Seychelles must surely be lucrative for ENHAS and Kuteesa. The UN Global Compact introduction of the company through the May 2013 and the words of Chief Executive Officer Georges Tytens said: “Entebbe Handling Services Limited (ENHAS) is a Ground Handling Company, handling over 20 scheduled flights at Entebbe International Airport, Uganda. We have a workforce of 729 staff. ENHAS is a registered member of UN Global Compact and we support and comply with the principles of the Global Compact” (Georges Tytens, May 2013). So the Kuteesa company are working directly on the airport and it is profitable, since it can extend their monies to secure accounts in the Seychelles.

So whatever the Foreign Minister earns on the business and ENHAS could practically go abroad and not pay taxes in Uganda. Clearly, the Appleby guidance of 20 years without paying tax as a IBC through them must have been good business for him. That is why he has done so. Peace.

Opinion: Kadaga is trying to clean her hands from the ruthless days of eviction at the Parliament!

The Parliamentary Speaker Rebecca Kadaga has written letters in the end of the October to both Inspector General of Police Kale Kayihura and to the State House, meaning a letter to President Yoweri Kaguta Museveni. Both letters trying to clean her hands of the shady affair and clean of the dirt of her own actions. Even if everyone with a clear mind knows there are enough reports of her actions in the days ahead and after.

Because Kadaga was in-charge of suspending 25 Members of Parliament and they we’re cleared out of the Parliament by the Special Force Command on the 27th September 2017 after days of in-actions and noisy opposition members, stopping the proceedings. The IGP Kayihura was even at the Parliament at a meeting with Kadaga making sure the proceedings happen as it is. Therefore, the answer from President Museveni on the letter is revealing as the security officials combined with Members of Parliament, and Kadaga was a special security meeting at the State House on the 25th September 2017. This is just days ahead of the clearing the Parliament.

This was all done so the Raphael Magyezi, the Constitutional Amendment No. 2. of 2017, the amendment that will lift or remove the Age Limit for any President and in particular the President Museveni. Which Kayihura and Kadaga has been really loyal too, so the letters that are sent is just showing deflection of what really happen. That Kadaga doesn’t want to be in charge of letting strangers into the court and wants to deflect it on other people. While the President doesn’t take responsibility and neither does Kayihura. They feel safe in their positions, while Kadaga used their hands to stop the opposition MPs.

So I have a hard time believing that she knew nothing, since the reports of a meeting on the 27th September together with the IGP Kayihura, this was all to settle the score and clear the Parliament. Especially know that people knows about the planned meeting on the 25th September at the State House. All of the timeline proves that the Speaker Kadaga wanted to use her power and connections to silence the opposition. Also to make sure they were arrested by Special Forces Command and detained at random locations in and around Kampala.

We know now that President Museveni will not take direct responsibility, since he went away from the meeting, but clearly Kadaga knew what happen there and also at the meeting. Something that doesn’t comply with her letters and the time before the sanctity of the Parliament was destroyed by the one in charge. One of them was Kadage, this letters was her trying to forge her public display and not involved, while the two meetings one in State House day ahead and another one earlier in the day before the Plenary Session on the 27th September proves the involvement of Kadaga.

This is just the start of the revelation, if not Kayihura or others from the meeting at State House starts to speak as well. Then the revelations will spark more fire and might even damage Kadaga more, as she is the one in-charge of protocol and clearly knew that sending in strangers into the Plenary Session are a violation of the code of conduct within the Parliament. This is someone anybody knows and has respected, but clearly, that message or memo from above. Certainly, someone needs to teach her this, since she is the Parliamentary Speaker. Kadaga should have known this. Peace.

Age Limit: Rebecca Kadaga’s letter to President Museveni on the 23rd October 2017 and Museveni’s answer today by Parliament Telegram (03.11.2017)

Retired Senior Assistant Commissioner of Police Herbert Rheno Karugaba’s response to the IGP’s NBS TV 1/1/2017 Interview.

Age Limit: Rebecca Kadaga letter to President Museveni – “Re: Invasion of the Parliament Precints by Security Agencies on the 27th September 2017” (23.10.2017)

Opinion: Mzee don’t want to bother foreign investors with taxes, just give him a Presidential Handshakes!

Well, I am biased, as the President are visiting Dubai for 4th Global Business Forum on Africa on the 2nd November 2017. President Yoweri Kaguta Museveni is trying to cater to foreign investors. People who he usually cater to at the State House, so he can get favors and Presidential Handshakes. That is why he isn’t bothered with taxes, because the tax-holidays and possible offerings will be huge for the investors who comes in. That is what the National Resistance Movement (NRM) are doing, especially if it is for instance a nations offering the state loan, than the same state can come with state-companies to build infrastructure like Chinese companies coming in after offering loans to the same NRM government. Therefore, just look at what he was saying yesterday, which is weird, but fit a pattern.

Since you are business people, we must be talking about profits. When you talk of Uganda and Africa, you are talking about peace as an enabling environment; which we have. We have raw materials, and have a population of 40 million people that’s’ a market. And if we talk of integration we have a four tear market” (…) “In Africa, the demand is there and growing because we have been under-consuming while the rest of the world the demand is falling because they have been over consuming” (…) “There are plenty of raw materials, minerals, tourism and so on so when you invest there you have access to all these” (…) “I don’t have to bother investors with taxes, what I want is for them to invest, use our raw materials, create jobs, add value and promote exports” (State House Uganda, 2017).

Well, so the President trying to say to foreign investors, you don’t need to pay taxes for your output, just cater to me. The state you don’t have to bother about, just bother about catering to the State House and me. We will add value and promote exports, we will agreements and make sure you get the value on our resources and low-payed workers.

We know who is the biggest taxpayers in the republic, because of Uganda Revenue Authority own statement in the media on the 31st October 2017, which stated names like Mr. Alnasir Virani Gulam Hussein Habib, Dr. Sudhir Ruparelia, Mohammed Hussain, Nakayima Janat, Karia Minex, Karia Kunnal, Alykhan Hudani and Dayalijil Karan. Who are sounding like foreign investors and they are on the top 25 biggest taxpayers in Uganda. So the state has already connected families from abroad to invest there in various businesses. This shows there are already people who is not worried about taxes, but about the output of their companies.

Some of these investors has made big names, while others have worked more in silence. Still, this shows that the top earners even promoted by URA and Doris Akol. Proves how they are working, as there wasn’t that many own citizens on the list. That shows that the foreign investors must get a special advantage and special agreements at the state house for their dealings. Especially, considering how it has been done, just for tearing down markets in Kampala for own investors and financial agreements. This has been done and arranged from the State House without consultation with locals, neither KCCA or the renters of these markets. That is how the NRM and Museveni do deals in favor of him and if he get ill-gained funds, he will support the “development”. It is in similar fashion he exposes his intent in Dubai.

That the State doesn’t need taxes or need structures to facilitate for foreign investors, they just needs agreements with State House and then it is all fair-game. It is insane, but fits the Modus Operandi of the Musevenism and NRM regime. Give him a Presidential Handshake and you can operate as you want in the Republic. Peace.

Reference:

State House Uganda – ‘President Museveni woos Arab investors to Uganda “We have the raw materials, human resource and market”’ (02.11.2017) link: https://www.africa-newsroom.com/press/president-museveni-woos-arab-investors-to-uganda-we-have-the-raw-materials-human-resource-and-market?lang=en

Opinion: The NRM MPs cannot even manage to explain the Age Limit Bill to the Legal Committee!

Today was yet another dramatic day in the Parliament as the Raphael Magyezi Constitutional Amendment in the presence of himself and Minister of Justice Kahinda Otafiire where to make sure the proceedings went accordingly, apparently, they were not prepared or ready to be questioned by the opposition MPs. They walked out of the Parliamentary Committee in Protest. The National Resistance Movement who has the majority, walked out of the Committee, because they couldn’t argue for the bill.

The Minister and Magyezi came with two documents to preside in the bill, but they didn’t want to sign-off on them. Meaning they didn’t want to be bound by their own arguments and possible amendments to the bill. As the Committee was about to discuss the bill and check the rights of applying the bill into Parliament. Clearly, the writer of it, Magyezi and chief promoter Otafiire, couldn’t stomach the pressure and high-blood pressure to deliver results for their master. They had to storm out and walk it off.

That the NRM MPs are whining and bitching as they cannot allow or accept public scrutiny of the bill is evident. Even the head-honcho of the bill is on the defense, when someone asks questions about it. It is as if Magyezi MP knows how filled of venom his bill is, but wants the whole republic to drink the toxic poison he offers it. That is amazing that he has the courage and belittling of himself in the stance of simple questions from fellow MPs.

The tragedy of all if this, is that this is just beginning of the proceeding within the Legal Affairs Committee, unless the Parliament vote for restructure, the people who are in it. Will have the power to question it and also the basis of the matter. It is like the NRM have forgotten how the protocol work and how it is supposed to be. Magyezi just wants the bill to get his payday and be forever basking in glory of President Museveni. See I wrote the bill that gave your life presidency! Can you please offer me a giant slice of pudding and some chai? It is just like that and a bigger pay-off then a tasty dessert.

I am sure if it was anyone else of any other political party that tried this sort behavior, they would be suspended or sanctioned with ill behavior in the Parliament. Instead, since this is all NRM and loyalists of Museveni. They will walk another day, since they are there to do his bidding and by my reckoning, the loyal subjects of him.

That they lack courage and stamina, that they lack legal arguments and cannot even be questioned in a committee over the bill; how can the NRM must public support or even consultations, when they cannot be asked a few barring questions from fellow MPs?

It must be toxic; it must be deadly and must be true embodiment of evil, when the NRM MPs cannot master their tongue or their arguments to sufficiently grace the Legal Committee in Parliament.

Magyezi, how little mind or heart do you have? How little courage and spirit do you have? Since you cannot be questioned over the lifting of the age limit, how come? What does it take you to understand, how foolish you are right now? Certainly, Otafiire isn’t a brilliant mastermind, he is just a NRM Stooge from the Bush-War who Museveni can trust, because he has no morals or understanding of what he do. But you should know better, but you don’t. That is evident with your speeches and public appearances. That you got no idea.

None of you, NRM MPs knows how to defend this bill, neither have you the mental the capacity to usher it in, you just know how to eat the consultation funds. That is something you do know and will do. However, explaining the real reason for the Age Limit and standing behind it will all be a lie. The big lie being that this is not to cater to Museveni and his life presidency project, but all of us knows this.

Time to take it and eat the venom, take the toxic water and spill the drink. Hope you can handle it and drive, because as long as this one is PASSED. It will be rocky road. Peace.

Opinion: [Mission Impossible] Museveni says he needs more time accomplish his mission, what? 31 years is not enough! Part II

I am a freedom fighter who has fought many wars; I cannot leave things like that. I have to plan” (…) “It is not about the age, it is the service you render to people” (…) “I said it was not the right time, but when Magyezi brought it up again, Nankabirwa (chief whip) sold it to the Cabinet and they bought it. That is how I also came to support it” (Kashaka & Sekanjako, 2017).

The President for Life is saying he has a plan, that is why the Constitution has to be altered to his age. It is never the right time or never had enough time, you need another term, you need another election and you need another Parliament to pass your bills. This sort of excuse has lost value. Mr. President you have had three decades to finish your supposed project.

Why I called a supposed project or plans, is that the Republic has dozens of them. They have the Uganda National Development Plan II (UNDP II) and others, while the former 10 Point Program has been stopped being important long time ago. Also, his real relevancy when coming to building institutions and government structures, that because his party and his regime is all about him.

President Museveni wont deliver a legacy of good governance or liberation, but of dictatorship and looting. He became the same as the ones he overthrew and sadly, he knew what they did to the people and he has no issues doing the same. Because he is in power and has no issues pushing similar agenda. He is always blaming others, while he is the one in charge. The opposition or MPs are not doing enough, but they are just following his protocol and his orders. Therefore, it is ironic that after ruling for 31 years.

That the President who has a militarized politics needs more time, three decades and still counting. The guy who took charge and the reign with a gun. Is most likely either leaving when his heart stops to pump or someone assassinated him. Since, he will not leave in peace. He will take it and rig the Parliament in his way. The abolishing of the Age Limit is the next step in his Life Presidency.

Nothing else, nothing else is on the agenda. The plan of Museveni is to rule for life. Museveni has no initial plan to finish, except for new techniques of looting the state reserves and how to misuse donor funds. President Yoweri Kaguta Museveni doesn’t need more time, he has already spent enough time. Museveni has had a lifetime to make a difference. Still, he says he has plan.

A “Plan”… Museveni has a plan. That he hasn’t achieved it already. It is obvious that it wasn’t the right time, it never where. Like it was either Milton Obote, Yusuf Lule, Idi Amin or Ronald Reagan’s fault. It was never you!

That is why you have plan to end it all and end yourself on the throne. To never let anyone else rule and take the reign. That shows the narrow-minded and deluded self-belief you have, but you have just paid cronies around and with time you have though your the biggest genius on planet. While you are not.

You have no more service to deliver, you have to step up your game. Peace.

Reference:

Kashaka, Umaru & Sekanjako, Henry – ‘I need time to plan for my exit – Museveni’ (30.10.2017) link: https://www.newvision.co.ug/new_vision/news/1464695/support-age-limit-museveni

UPF to Question the Editor of Saturday Vision (New Vision) because of the article “Kayihura Security Beefed up” (30.10.2017)

A look into how the removal of term limits: How it opened the door for Life Presidency for President Museveni!

A frequent claim by African leaders seeking to abolish term limits is that their campaigns reflect popular demand (Baker, 2002). The fact that all incumbents who have removed presidential term limits have gone on to win subsequent elections is presented as post-facto evidence of citizens’ preference for the stability that comes with leadership continuity rather than rotation (Blunt & Jones, 1997). Yet rarely are ordinary African citizens allowed formal space to make their voices heard in these debates. Instead, term-limit advocates fight for space, often in the streets and sometimes at great risk to their lives. Therefore we understand that the majority of cases – 20 of the 36 instances in which presidents faced term limits – are ones in which incumbent presidents simply stepped down in accordance with the constitution” (Eze, 2016).

Today I will look into the deep change of the 1995 Constitution of Uganda. The time before the General Election of 2006, when the Parliament changed the rules for the President. From changing it from having two terms limits for a President and making sure President Museveni could continue to rule the Republic. President Museveni really tried to control the Constitutional Committee who was writing the draft and making the articles for the 1995 Constitution. Clearly, all of the advice he didMovement System n’t follow. Therefore, they even added three pieces of legislation that has affected his presidency. This being Multi-Party Democracy, instead of the Movement System, Two Presidential Terms and 75 years age limit. The latest is the one that is causing havoc and trouble in the Republic.

Back in the day, the Constitution that was started on 4 years into the National Resistance Movement reign, about 1990s and was finished in 1994, before the 7th Parliament voted on it. Since there was no need for a referendum, people had already decided and been apart of process. The referendum that has been was on the Multi-Party Democracy and voted on twice. There was none when they took away the Term Limits in the Parliament in 2005, a year before the General Election in 2006. Therefore, it is important to look at the Constitutional process and arguments for the Presidential Terms, because it shows the hypocrisy of the NRM today and that is not about Museveni. All changes to the Constitution is about Museveni and his cronies. That will be showed with the old and newer articles collected here!

“… the .body to officially debate the draft constitution should be as fully representative of the people as possible . . we recommended . . a new body, the Constituent Assembly, composed mainly of directly elected delegates plus representatives of some interest groups to carry out those roles on behalf of the people.” This recommendation was accepted by government and Legal Notice No 1 of 1986 was accordingly amended to provide for this. A statute providing for the establishment of, and elections to, the Constituent Assembly as well as the powers and functions or that Assembly was also enacted” (Wapakhabulo, 2001).

He you saw how they started the draft Constitution on behalf of the people, where they also closed the doors for Multi-Party Democracy and open the door for Movement System. This was brutal for the parties of Democratic Party, Uganda People’s Congress and the Conservative Party. They we’re all thrown to the dogs, so the voices of the Movement was the key and their needs was important in this Constitution compared to the Obote’s 1966 and Idi Amin’s 1971 Constitution. They we’re with this taken away and the legal framework was made to fit the NRM. As it continues!

The Chairperson of the CBR General Meeting, Dr. Joe Oloka-Onyango, observed that constitutionalism has to be a living, dynamic feature of life. He further argued that because the 1995 Constitution had launched a new phase of constitutionalism in Uganda, this CBR Workshop was about to discuss a relevant contemporary experience. In this regard, he cited the censure motion as it related to the Brigadier Jim Muhweezi case. Here Oloka-Onyango argued, that while this was a good constitutional provision, it had a fundamental weakness of over-empowering the President, who was the one responsible to ensure that the objectives of the provision were successfully realised” (Opolot & Kintu Nyago, P: 2, 1996).

The issues of the executive and the presidency were also subjected to statistical analysis. A large majority of views were in favour of all or some ministers being Members of Parliament. On the issue of whether the President should be elected, the majority preferred direct election. Those who preferred that the President be elected indirectly suggested that Parliament should conduct the election. On what should be the term of office of a President, a large majority favoured five years. As regards the maximum number of terms a President should serve, a large majority preferred two terms” (Odoki, P: 198, 2005).

The Constitutional Committee all preferred a secret ballot and elections every five years, they also was sure about 2 terms president. This would put boundaries to the rule and secure succession, also change of leaders so it could see progress and test of governance with time. Therefore, I will after this show Prof. Kanyeihamba explanation of the value of this article and provision in the Constitution, before the value of removing it from Okuku. Who both has reasonable ways of explaining it!

When the idea of term limits removal was first floated, most Ugandans thought that it was a joke in bad test. The Constituent Assembly delegates recalled that the debate about and subsequent adoption of the term limits provisions were not contentious and their acceptance as part of the permanent features of the supreme law of the country were nationally and universally accepted as absolute and binding. No one reckoned the intentions or methods that were to be employed to ridicule President Museveni’s undertaking. First, Cabinet ministers had to be coerced into supporting the amendment removing term limits. Those who refused or expressed doubt on the measure were booted out of Cabinet. Next, was to persuade Members of Parliament to fall in line. When it was realised that many of them were reluctant to do so, they were each bribed with Shs5 million, at that time a great deal of money” (Kanyeihamba, 2017).

The removal of term limits to allow for indefinite rule by the president implies a rejection of constitutionalism and democratic governance. The nature of proposed amendments relating to the presidency, parliament and the judiciary prove this point. In addition, the Amendment Bill intends to have the legislative and the judicial arms of government subordinated to the presidency. The quest for life presidency has prompted proponents of a third-term to amend the constitution through omnibus legislation combining diverse subjects that are not logically related to each other, making this unconstitutional. These manoeuvres have led various social and political forces to embark on the struggle to stem the imposition of indefinite rule by the NRM and Museveni” (Okuku, 2005).

This is all true, the quest of removing the term limits was to extend not only Museveni to a third term, but opening the gate for life presidency. This is now evident as the Magyezi bill is tabled to the Parliamentary Committee, before the secret ballot and voting over the Constitutional Amendment. That would make it official and only life presidency of Museveni, that is the goal of the Parliament for this term. Nothing else matters, only the personal wealth and lifestyle of Museveni.

The rule for life was started in 2005, it was even starting in 1980s when he fought out the rest with bullets and bush-war. It started in 1986, when he certified his role and his place. Something he don’t want to offer to someone else. That is why the Constitution he was enacting, has to be changed for the third time. So he can become life president. Stay in the State House in Entebbe for life. Because no-one else is capable in his mind. While that is wrong, because he is ignorant and power-hungry. Peace.

Reference:

Eze, Kevin – ‘Discussion Paper – THE EFFICACY OF PRESIDENTIAL TERM LIMITS’ (3-4. August 2016) link: http://minds-africa.org/Downloads/2016%202/2b.%20MINDS%202016%20Youth%20Dialogue%20Discussion%20Paper_Term%20Limits_Kevin%20Eze.pdf

Kanyeihamba, George – ‘1995 Constitution architect Justice Kanyeihamba speaks out on removing age limits’ (04.10.2017) link: http://watchdoguganda.com/1995-constitution-architect-justice-kanyeihamba-speaks-removing-age-limits/

Odoki, Benjamin – ‘The Search for a National Consensus – The Making of the 1995 Uganda Constitution’ (2005)

Okuku, Juma Anthony – ‘BEYOND ‘THIRD-TERM’ POLITICS Constitutional amendments and Museveni’s quest for life presidency in Uganda’ (May 2005) – Institute for Global Dialogue, South Africa

Opolot, Samson & Kintu Nyago, Crispin – ‘Lessons of Constitution-Making in Uganda’ – Workshop Report No.10/1996

J.F. Wapakhabulo – ‘Uganda’s Experience in Constitution Making’ (15.09.2001) link: http://www.commonlii.org/ke/other/KECKRC/2001/33.html