A brief look into the COSASE Report: Digest the lack of due diligence!

Well, sooner or later this report was bound to happen as the deadline of the Parliament’s Commissions, Statutory Authorities and State Enterprises (COSASE) report into 7 defunct banks in the Republic. It had to be interesting to see how the National Treasury or National Bank, the Bank of Uganda handled it, as the Bank have been going around all cowboy and not with protocol. As the proper guidance nor minutes have arrived to the COSASE as the months of investigations has gone on.

As well, the lack of trust between the parties, lawyers and stakeholders itself. Therefore, the report, had to stinking of it, the lack of due diligence and care for delivering proper craftsmanship, where the profession and their ethics are shining true.

Instead the process of investigation have shown utter contempt of honesty and transparency, as documents have gone missing and people have taken trips away, while they were supposed to testify to the Committee.

That is the introduction. Let’s dig into the mess, which was unleashed today on the 21st February 2019.

The committee further observed that there are no documents relating to the post closure and management of Teefe Trust Bank assets and liabilities. This further complicates the process of winding up including resolving claims and some securities still in possession of the Central Bank” (COSASE, P: 9, 2019).

No inventory report was availed in respect of ICB but an inception report for liquidation by the Liquidation Agcnt (KPMG) dated 30th September 2001” (…)”without a proper inventory report, BoU did not know what it was taking over in terms of entirety of assets and value. Accordingly, BoU acted in breach of section 32 (3), of the FIS, 1993” (COSASE, P: 10, 2019).

Sold on the Same Day:

What further the report states is that the National Bank of Commerce was closed and sold on the same day. This being done on the 27th September 2012. The takeover and sale took only 6 hours time and was in convention of the FIA. The same actions happen to Global Trust Bank (U) Limited, which was closed and sold on the same day, on the 25th July 2014. This was also done in convention of the FIA.

While on Crane Bank:

The auditors produced the inventory report on 21st of December 2016 however, BoU had invited DFCU to bid for the purchase of assets and assumption of liabilities of CBL on 9nd December 2016 and subsequently DFCU submitted the bid on the 20th December 2016 a day before the production of the inventory report” (…) “BoU did not carry out valuation of the assets and liabilities of CBL. BUT relied on the inventory report and due diligence undertaken by DFCU to accept their bid to arrive at the P&A. However, the final inventory report was submitted on 13th January 2017. In essence, the final inventory report was never used in evaluating the bid for the purchase of assets and assumption of liabilities of CBL” (COSASE, P: 12 & 13, 2019).

Selling assets on discounts:

In the case of ICB, Greenland Bank and Co-operative Brank, the total loan portfolio sold of UGX 135bn included secured loans of UGX 34.5bn which had valid legal or equitable mortgage on the real property and were supported with legal documentation BUT were sold, to M/s Nile River Acquisition Company at 93% discount” (…) “Whereas the GTB and NBC discount percentages of 20 and 30% respectively appear reasonable, the 93% discount in respect of the loan portfolio of ICB, Greenland Bank and Co-operative Bank acquired by M/s NRAC was incredibly outrageous” (COSASE, P: 23-24, 2019).

Winding Up:

The winding up process of all the defuct banks has taken an unjustifiably long time to settle creditor claims. For Teefe Trust Bank (26 years), Co-operative Bank (20 years), ICB (21 years), Greenland Bank (20 years), NBC (7 years), GTB (5 years) and CBL (2 years)!!! Regrettably, many of the creditors and shareholders have and indeed continue to die” (…) “Due to absence of documents, it was not possible to ascertain whether the UGX.9 1 .22bn used to settle customer claims of ICB, Cooperative bank and Greenland bank went to the bonafide beneficiaries. The absence of documents could among others be attributed to the long delay in concluding the winding up process” (COSASE, P: 39, 50 2019).

This is really just a proof of some of the mismanagement and quotes that proves how the Bank of Uganda didn’t do due diligence. They didn’t fix the issues, neither the work that was needed for the distressed financial institutions, the BoU didn’t follow the laws and statutes. All of the banks seems to be closed without protocol. Without proper documentation, neither overlooking assets and the securities.

Therefore, the Bank of Uganda … have not acted as the Central Bank and having the supervisory role over the financial market. They have surely acted in ill-will and not like they are supposed too. If not, these seven banks shouldn’t been closed like this, even closed and sold within 24 hours. Peace.

MTN Uganda Not Subjected to an ISO Raid on Friday 15 February 2019 (16.0.2019)

MTN Uganda Scandal: Why are all of these people deported?

There are speculations going on there as the biggest Telecom Company MTN Uganda Limited have been under fire since the midst of January 2019. This has been shown over the recent month, as the leadership and executives have been deported. By my count since mid of January, there been four people.

The three firsts was addressed like this by MTN Group:

MTN Uganda has not been officially notified of the grounds for these arrests and deportations and is trying to establish the precise reasons for the deportations. We are understandably concerned about these developments and the wellbeing of all our employees. MTN Uganda is fully committed to respecting and operating within the laws of the country. Notes to the editor: On Saturday, 19 January 2019, the MTN Uganda Chief Marketing Officer, Olivier Prentout, was arrested by police at Entebbe airport upon arrival from a business trip abroad. On the morning of Monday 21 January 2019, the MTN Uganda Head of Sales and Distribution, Annie Bilenge Tabura, was arrested by unidentified security personnel upon arrival at the MTN headquarter offices, in Kololo, Kampala. Subsequently, both Mr Prentout and Mrs Bilenge have been deported from Uganda to their home countries, France and Rwanda respectively. On the 22 January 2019, Elza Muzzolini, Head of Mobile Financial Services was also deported from Uganda. – Issued by MTN Group Regulatory and Corporate Affairs” (MTN Group, 23.01.2019).

Therefore, three people has already been deported, this being Prentout, Tabura and Muzzolini. They have all been banished from the Republic. Today, it has escalated again, as CEO Wim Vanhelleputte, whose also has been interrogated and been questioned by ISO/CMI during January 2019. Was today on the 14th February 2019 deported to Belgium by the authorities.

Clearly, the state is retaliating, as they are fearing for their safety and the data shedding the company is doing. As there been speculation that the company has had disgruntled staff leaking intelligence to Rwandan Intelligence Service. This has been reported by various of online news-outlets. Therefore, some thinks it is connected to this, that the President and the regime is afraid of this. That is why these people are all deported from the Republic.

It is clear, that there something going on behind the scenes. As the Security Organizations summons, interrogate and deport MTN executives from the Republic. This is happening, as the state are trying to silence the MTN or stop leaked intelligence to Rwanda. We don’t know if that is true or what. But what we do now, is that the Ugandan government and authorities are acting swiftly and retaliates against the high-ranking officials within the Telecom. Peace.

BoU Probe: Lukwago statement – “Re: Salient Matters Concerning The Parliamentary Probe Into The Closure of Greenland Bank and Other Defunct Commercial Banks” (12.02.2019)

Bank of Uganda: Monetary Policy Statement for February 2019 (07.02.2019)

Preparation for General Election 2020/21: When these budget posts are served extra-funds!

As we are aware and since the National Resistance Movement (NRM) dropped their Road Map for the General Election of 2020/21, the whole system has started to flair up for it. Both with Electoral Reforms and other measures, to secure swift results in favour of the President and secure his cronies. That is just the way it is.

As we will see in the Budget Framework Paper for Financial Year 2019/2020, the government and their agencies are clearly gearing up for elections. As the NRM wants to make sure the appointed and anointed get their cut ahead of scheduled elections.

The first ones whose secured and getting well funded is the Residential District Commanders, they are getting 5,5bn shillings to promote government policies. There is also estimated right before the elections, the state will go from 128 districts in 2018/19 to 135 districts in 2019/2020, there the state has to use more on them just for the need of new RDCs too.

To give RDCs possibility to do their work, the Office of the President has asked for 25.4bn shillings to buy 165 Double Cabin Pickups, but there is only small fry for what is coming up.

The State House itself is gearing up, as the Office of President has asked for an allocation of 741.1bn shillings.. Just to give a feeling of the changes of gear, is that in National Budget Framework for Financial Year 2018/19, alone, the State House got 265,342bn shillings. We can see a significant change ahead of the coming elections.

To top it off, the logistical support, welfare and security to H.E the President, Vice President require 118.38bn shillings. Therefore, the Presidency, the State House and everything concerning that is much more expensive in Election Times and ahead of campaigns. As proven by the Report delivered to the Parliament.

This are just small pieces of what the Committee and what Jesca Ababiku MP delivered the Parliament, as requested to secure funding and also more funds to certain aspects. As it is fitting the elections and the timing for more cash to certain places. We saw it before the General Election in 2016 and is seeing it now. Repeating itself, getting budget for cars and more expenses paid. More funding to the State House and President. Just as programmed. To think otherwise is to be blind to what is up.

This is just what they do, not building institutions or such, but buying to time to linger in Office. Peace.

Reference:

REPORT OF THE COMMITTEE ON PRESIDENTIAL AFFAIRS ON THE BUDGET FRAMEWORIT FOR F’Y 2OL9/12O – 2023/2024, Parliament of Uganda, January 2019

The 200 Shillings of Doom: Tumwebaze mixed messages concerning the Social Media Tax!

We knew that the statements of 2018, as the loyal ICT Minister Frank Tumwebaze hadn’t done his due diligence, as the Ministry of Finance, Planning and Economic Development (MoPED) issued a Social Media Tax last year after President Yoweri Kaguta Museveni wrote a letter to the Ministry of Finance asking for the opportunity to tax this.

That has no been done over the last few months, but as the realization of the effects are coming. The forewarning of CSBAG and others wasn’t listen to. I wrote that it lacked due diligence of the tax in June 2018 and today. As I open Daily Monitor and seeing that Frankie Boy has changed his ways. He has opened his eyes and seeing what some of us saw all along. As the cost of content, the cost of using social media and that this has ensured that it is less viable. Since, its the elites who can use it, but the lower level civil servants cannot afford to be online. That was natural, that the 200 shillings per day would be taken directly of the plate and also evaporate funds for investment within the Republic. It is a negative tax, and therefore, naturally have reverse effect, than what the state promised when they levied it.

Tumwebaze statement in July 2018:

When Ministry of Finance is borrowing, we, the Parliament and civil society are grilling them for borrowing. But when we say this is a sector that has grown in the economy so let’s get a bit of it, let’s get Shs. 6,000 from every holder of a smartphone consuming OTTs, what production capacity will it stifle?” (…) “Is USD 1,4 too much for a citizen to contribute to tax yet you have money to buy a smartphone, minimumly at Shs. 300,000 that is data enabled, and you load bundles of over shs. 30,000? Logically it doesn’t make sense” (Frank Tumwebaze, 17.07.2018).

Tumwebaze statemetn in January 2019:

The committee chaired by Annet Nyakecho said Over The Top tax seems to negatively affect the consumption of ICT services and products. In response, ICT Minister, Mr Frank Tumwebaze admitted that the tax is has had adverse effects on the sector. He said they were “hoodwinked” by their counterparts in the Finance Ministry that the introduction of the tax on the basis that it would widen the country’s revenue base” (Ssebuliba, 2019).

ICT Minister Tumwebaze was so positive and thinking this was the future. This was how to widen the tax-base, but instead. It has as expected made the usage of Social Media expensive. Which means also there is lack of funds for the ones operating within the Social Media and making Online Businesses. This is both happening because of the hard hitting taxes on Social Media, but also the Mobile Money Tax. Both taxes has both the Mobile Money Industry and the ICT development, as they are both having less activity and less usage. Which is natural, when the costs are going up.

The ICT Minister should have known this before speaking so warm about it. Any tax are taking money out of the system. The 200 shillings of doom is clear. The state could have listen to the advice, but didn’t open the ears to it.

In June 30 2018, Daily Monitor reported this: “Civil society organisations have accused the government of trying to stifle debate online with this tax, while others like the Civil society Budget Advocacy group CSBAG, say the tax will have a negative impact on a business.” (Hinamundi, 2018).

So, if the ICT Minister Tumwebaze could have known and stopped this. They could have done the right thing and not continued this path. Instead they have hurt the industry, because they are all blindly following the orders of the President. That is what the state did and they levied the 200 shillings of doom, as it was anticipated by anyone else. Than, the authorities itself. Peace.

Reference:

Samuel Ssebuliba – ‘Parliament orders assessment on impact of social media tax’ 18.01.2019, link: https://www.monitor.co.ug/News/National/Parliament-orders-assessment-impact-social-media-tax/688334-4940312-rph8g3z/index.html

Collins Hinamundi – ‘How government will collect the new social media tax’ 30.07.2018, link: https://www.monitor.co.ug/News/National/How-government-will-collect-new-social-media-tax/688334-4639596-juy8n3z/index.html

BoU Scandal: Mmaks Advocates – Press Release (12.01.2019)

Opinion: Kadaga’s lifeline to Katuntu shows Parliamentary Rules are only for show!

That MP Abdu Katuntu gets to hold the Chair of the COSASE as the Speaker Rebecca Kadaga allows him to continue the Probe into Bank of Uganda (BoU) and the scandals it entails. This is like shady play, because if Katuntu are allowed to stay, what offers have they given to prolong his term as the chair of Committee in Parliament? Isn’t the legal protocol abiding for the lawmaker and MP?

Alas, that is just showing the mere disgraceful display of ignorance, the chronic cronyism and the patronage of the state. Even if Katuntu is waving the flag of an opposition party and being an MP for the Forum for Democratic Change (FDC). His acts of overstaying is the same of the ruling regime. He is just waiving differently in the elections, but when in power. The man has trouble emulating the ones he is supposed to oppose and defy.

That the Speaker Rebecca Kadaga allows the MP to be the Chair until the probe of the closure of banks done by BoU. Just shows the mere reflection of how the state doesn’t care about the laws or abiding to it. When it comes to their own. They trust Katuntu, that he will deliver the recommendations and the verdict that the state wants. If not, they wouldn’t have let him continue.

This even as the MPs are supposed to follow Rule 146, which sets an MP is only allowed to be 2,5 years at a Committee. That is clearly done, so they can ensure that they are getting more portfolio and not to connected in one field. As the connections and the cronies can team up, stop the back-log and also the lack of reports being discussed in the Plenary Session. Maybe, that is also why the Katuntu want to stay. As he has certain favours to uphold.

We can really question, as the final ending of the investigation of the BoU cannot be that important, unless the patronage around Kadaga and the President. Are planning to bury the report and make it as pointless, as certain other Parliament Reports, which are as stale as very old wall-paint after years of bad weather.

We can wonder why Kadaga fights over the rules made for the 10th Parliament, the rules made to ensure transparency and accountability of the Parliament. The 10th Parliament rules should be hold, especially by the Speaker. If the Speaker doesn’t care, should the chambers be invaded by strangers and also fake evidence for the Parliament, because if the terms doesn’t matter. Does anything else?

If the COSASE Committee terms becomes pointless, than what else is pointless dear Speaker? We can just wonder, why do the Parliament have protocol and guidelines anyway? If the Speaker doesn’t follow them or can change her mind?

That is how it looks like and how can we trust this probe, when the chair of the committee can just override the rules. Gets extended and violate the laws to finish a probe into dealings done by the BoU. We can really wonder if the report will be juicy or be watered down juice. Certainly, I cannot trust it now. Not that I ever did, but before, they at least acted like they cared about protocol. Now, it is just pointless exercise of power. Without any rules, as the Speaker can overrule everyone. As she wants. That is the memo, we have gotten this week. Peace.

AG Byaruhanga tries to make a bribe into a donation: Per President Order!

Do not act as if you had ten thousand years to throw away. Death stands at your elbow. Be good for something while you live and it is in your power.”Marcus Aurelius

Today, Attorney General William Byaruhanga delivered his Interim Report on the indictment and the criminal charges of Patrick Ho in connection with Minister of Foreign Affairs Sam Kuteesa and President Yoweri Kaguta Museveni. This has been known now and if these was just mere charges, than the Chinese National wouldn’t get charged and sentenced in a United States Court.

This is because the Chinese National offered a bribe of 500,000 USD each for a possible Oil Deal for a Chinese Company in Uganda. Therefore, the Chinese National made it possible for the high-ranking officials in the Ugandan government to solicit half-a-million United States Dollars for it. That is why we are here today. This was signed off as a Campaign contribution, but by that time, the President had already been re-elected in 2016. We know this, but has to say all this before I quote the Interim Report. What is special about the case too, is that the government will claim the Foundation owned by Kuteesa, but has anyone seen it outside of a paper and a registered entity outside of Uganda Registration Services Bureau (URSB), which it was in 2015. That is why today is special, because a ghost entity got good money for a possible business transaction… that would favorable for the repentance, which happens to the Minister and President.

What is also important to state, which is already white-washed in the interim report, is the delivery of the bribe. That went through customs, which was mailed between the Chinese National and the Minister. Who both combined their efforts to send the money and deliver it in cash, in secrecy, as it was intended to a favorable transaction. Not something that was supposed to end up in Court Documents in the United States and incriminate one, while implicating the high-ranking officials in Uganda.

With that in mind.

The quote:

The Foundation received a sum of US$ 499,993 on 9’h May 2016 from a Hong Kong-based NGO known as China Energy Fund Committee. The money was a donation to the Food Security and Energy Sustainability Foundation which Hon. Kutes a and his wife started as a vehicle for enabling Hon. Kutesa to continue to champion some of the causes he had spearheaded during his tenure as the President of the General Assembly of the United Nations with respect to the 17 Sustainable Development Goals”.

While that quote is special and says a lot, it does trying to clear the implicated Minister in the Corruption Scandal that has rocked the man. That the Auditor General did this on direct order from the President. This was to ensure the President and his ally Kuteesa got off the hook. That is why the Foundation and the “donation” we’re the Chinese National had reasons to give there. Like we are naive.

The Foundation is just based on paper. There are no proof of their work or whatever their supposed to do. Certainly, they are servicing some special and unique unicorns, sorry, ghosts. Because, this money came by plane from the United States to Entebbe International Airport, as it entered the Customs as warned to the parties involved.

So, I have a hard time believing the AG in this matter, as he is trying to figure out a way to clear he Minister of his implication, per order as a loyal subject of the President. Who also got money in the transaction done by the Chinese National. They all know this.

Time for the AG get his act together, unless he is a blind soldier for the President. Peace.

Reference:

Interim Report of the Auditor General on Allegations of Bribery against Hon. Sam Kuteesa, Ministry of Foreign Affairs, in Connection with the Trial of One, Mr. Chi Ping Patrick Ho, A Chinese National, In the United States