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

The original Leadership Code of Uganda where commencement 26^th 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.

Fear-Mongering from the NRM-Regime is getting to aggrevating levels in the final stages before the polls

The surge of violent words from the regime days from the polls is worrying, that the Crime Preventers are getting rifles, should also be a sign of the fear the NRM-Regime is putting in place, as the Electoral Commission getting the ballot-paper tomorrow, the NRM Secretary General is also going against the public and giving a free pass to shoot and kill demonstrators against vote rigging. Take a look!

Earlier this week NRM Secretary General said this while talking to the press:
“We shall shoot anyone who will come on the streets to demonstrate against vote rigging. I warns those young people who are planning that, we shall shoot and kill them”.

You thought that was enough? Well, IGP Kale Kayihura also to had this to say:
“We are going to change you from having sticks to rifles and get ready to defend this country in case of any attack… We shall not hand over power to the opposition to destabilize the peace which we fought for” (NBS TV , 27.01.2016).

Well, the NRM and the Police is spreading fear days before the general election. That NRM SG has to tell people demonstrate against the vote rigging that they will die. Initially means if the NRM rigs the General Election in 2016. Voters and citizens in her view doesn’t appeal or matter, since their voice can be shut down, or in her words shot down if they disobey their rule, even if they rig the polls to fit the NRM-Regime.

Then the Police and IGP Gen. Kale Kayihura is defending the surge of hiring people to become Crime Preventers, as that is the essential strategy. I am sure that the peace that he talks about is not the same as President Museveni was talking about in 1986 when he said this: “Another important aspect of the committees is that they should serve as a citizens’ intelligence system. If I go to address a rally in Semuto, Rape-ka or Nakaseke, I shall first meet the muluka and gombolola committees in the area. They will tell me whether the muluka chiefs are thieves, or the hospital personnel are selling drugs, or whether there are soldiers in the area who are misbehaving. They are thus able to act as watchdogs for the population and guard against the misuse of power” (Museveni – “National Address” 26.01. 1986).

The Crime Preventers will get guns and not listen to the people if they want somebody else then the NRM-Regime, then they will shoot, the same people I guess as NRM SG Lumumba going against the demonstrations, if they react to the supposed rigging of the General Election in 2016. They are supposed to defend the peace that NRM fought for, but that means by his statement that they fought for their own freedom, but not the people, since they will not without guns give up power and therefore giving the Crime Preventers rifles instead of sticks. Then they are a proper NRM militia who will work as interhamwe did in their day.

The Police and NRM is going too far in their oppression of opposition if they will live by the standards IGP Gen Kale Kayihura and SG Justine Kasule Lumumba they are proving that they are misusing power since they oppress the citizens if they demonstrate or act against their vote being stolen from them. If IGP Gen. Kale Kayihura doesn’t see the danger of arming the militia of Crime Preventers as they have no code of law under them and doesn’t have a fixed place yet as the once securing peace in the country.

That Kayihura fears the opposition is understandable, he has a bad track-record of behavior towards them and have ordered mass arrests and shut them down when they try to meet and greet people, while the President can walk around as he please. There is something wrong with that picture. The Crime Preventers are to shut down the opposition and to generate peace, they are installed as a unit to spread fear in the public, not to serve the community and make it peaceful during the General Election. Especially if they need guns, that NRM SG Lumumba can use to shoot and kill the once reacting to their votes being ticked off or stuffed ballot boxes, even if the numbers are manufactured instead of the wish of public. The violence they speak of is malicious and dangerous.

The aggravated and assault on the citizens is staggering. That they address and threats the public in the midst of final stages before the general elections. This here is vicious and attack on public opinion and freedoms, the fight that matters is the ones that happen 30 year ago, and not what the public is living through today. As the NRM SG is blatantly putting is that the only vote that matter is the NRM vote, because if it isn’t and demonstrate against, then you’re a target and accessible to hunt down. In the end kill if they muster, in that sense it doesn’t help that Kayihura is getting rifles for the Crime Preventers. That they are fighting for the peace. This is misuse of power that the old-man with the hat would have addressed differently in 1986 than he does today. That is because he wants the power and not following the public and will of the citizens. That is why Kayihura use the Crime Preventers as a tool to spread fear and shut down democratic behavior… as NRM SG has no wish for either, as the demonstrations against their rigging will end up with demonstrator’s demise, which is if this is more than words. Then the public should address these threats and show their defiance against the oppressor who tools with rifles and killing of public anger towards thieving the coming elections. Peace.

Electoral Commission letter: LEG 75/79/01 – “Re: Alleged Disruption of Candidate Amama Mbabazi rallies by candidate Yoweri Kaguta Museveni Supporters (12.11.2015)

Joint Security Statement: Securing the Future of Out Country Together (12.12.2015, Uganda)

UPF – OPS/175/219/01 – Unveiling Presidential Candidancy (of Hon. Amama Mbabazi)

A Weekend where the Police is creating havoc in Uganda and the FDC is the prey.

It’s been two days since the 53rd Independence Day in Uganda. Yesterday was a day of mayhem from the Police against the political party of FDC. They trashed the cars and sent people who were going to the event in Rukungiri. On the road in the Greater Masaka area DPC Maximal Ogwang even put metal trenches to stop the cars. The pictures from yesterday tell its tale. The FDC  people that had issues with the police and also got into trouble because of their travels was Hon. Godfrey Ekanya, Hon. Patrick Amuriat, Fred Turya, Dr. Kizza Besigye, Hon. Amuriat Semujju and Hon. Kevina Taaka.

In Rukungiri this led to arrests of unnamed people who were a part of the organization who was setting up the equipment for the event and arrangement. DPC Wotwali just followed ordered from up high.

The day before the NRM had issues in another district. This after the NRM-Regime got in trouble with vote rigging. “Supporters of Mr Benon Matsiko Kyampa, who was contesting for NRM flag for Ngarama LC3 top seat stormed the sub-county headquarters where they abandoned their party cards protesting poll results announced by the sub-county registrar, Mr Robert Baingana, in favour of Mr Silver Kiiza”. This led to even rubber bullets and agony in the district. So the way the police is used to quell issues is really a pattern. Which lead to this: “The deputy RDC Isingiro, Mr Damiano Turyatunga, said they will investigate why police fired bullets and will ensure calm is restored in the area” (Mugume, 2015).

But let me go back to the troubles of the FDC:

And he did this because of this:

Press Release and Letter from the IGP Kale Kayihura

Later on the day the FDC men got released from the prisons they we’re put in. The worst was seeing the pictures of Fatuma Zaina was put on a truck and undressed in a display from the police that isn’t justified anywhere in the world.

In Rukungiri the people who were supposed to attend even went to the Police station to get the people freed from custody. The reports I have has said that even the people was jailed where freed after the reactions from the people in the town.

In the same time as this happen to the opposition the President Yoweri Kaguta Museveni said this in Gulu:

“It is that if the country is going into election, some ‘people’ threaten violence, Uganda has long passed that kind of nonsense that portrays backwardness” (…)”I thought in elections you just talk and convince people, but in any case you want to cause violence, we also know how we shall deal with you because we shall not tolerate it” (Makumbi & Ocungi, 2015).

So the actions happening in the rest of the country towards the FDC is in his own words backwards. IGP Kale Kayihura has gone back in time and dropped the knowledge of oppressive behavior and misuse of the Public Order Management Act (POMA). That is because the President himself must fear the power of the FDC since he even gets the DPC to destroy the cars of they have.

To an extent yesterday the Danish Ambassador of Uganda had to go to the police and got Dr. Kizza Besigye and other FDC members out of prison. That tells the dire straits of the lawfulness. The Police of Uganda even drove him back to Kampala after the incidents on the road from Rukugiri. The same day after similar incident his own car was towed to Lyantonde. Where it surely still is sitting since the Police destroyed and trashed a few cars likes of Hon. Ekanya and Hon. Wafula.

Today this Sunday the 11^th October there been report that the once who got the FDC leaders out of prison in Lyantonde has themselves ended up in cells there. This people are FDC chairman in town Yusuf Matovu, Woman’s secretary of town Yudaya Naiga and Chairman of the Town-Council Richard Kayondo. The DPC in the area must be irritated man and need some love!

The brutality and sadness of reporting this! But somebody got to show the suspect behavior that continues into a brutality that is inhumane. The way they crashed the cars and undressed a certain FDC woman is insane!

Kizza-Besigye said”It’s very clear that the NRM and Museveni Police and Electoral Commission are intent on denying the opposition a chance fair chance to compete. This further underlines the fundamental importance of fighting for political reforms. It further shows why we must have a defiant campaign”.

I also will show back to something I even wrote a time back. Read this:

President Yoweri Kaguta Musveni Campaign of Fear

The must be a change from the Police and NRM-Regime. The way the FDC political leaders, men and woman of the political party treatment are dire and sadden. Nothing about the recent events is about justice and rule of law. IGP Kale Kayihura and his DPC have taken the levels of bullishness to another level.

What happen on the road and convoys of FDC personnel is just astonishing. The way the cars and upon cars with police in Rukungiri and the way they shut it down was insane. The warnings and arguments from the IGP is misuse of the POMA law. Amama Mbabazi must be sad the way he argued for the law a few years back.

Refering the POMA as this: “A short trip back in history will show that the POMA was designed in the heat of the Walk-to-Work (W2W) protests led by opposition leader Colonel Kizza Besigye. Besigye has thrice stood against President Museveni, with the latest controversial poll on 18 February 2011 being won by the incumbent. In a broad sense, the POMA can therefore be referred to as the ‘Anti-Besigye Act’ or the ‘ABA’, as it was clearly designed to tighten the grip of the Police and security forces in the wake of the protests which rocked the country in the aftermath of the election” (…)”Secondly, the ABA/POMA places an inordinate degree of discretionary power in the police, and specifically in the inspector general. This is obviously problematic because it makes the IGP prosecutor and judge in his own case, violating basic principles of natural justice. Thirdly, the law gives lower-ranking police officers the perfect excuse not to take action which supports human rights. Rather, they are encouraged to curtail them. Hence, the first words out of the mouths of officers charged with breaking up an opposition demonstration are: ‘I’m (simply) acting on orders from above’” (Oloka-Onyango, 2014).

POMA is used as the Anti-FDC law and give the token to Police to cross all levels of human dignity to against the opposition. The way this weekend has unfolded and the way the words has been said. Justice it’s not. Dignity isn’t something the NRM-Regime is showing to the world. The way and run up to the election will be violent. Not because the Opposition is gripping and being violent. It’s because the Ugandan Police Force is using rubber bullets, tear-gas and undressing woman in broad daylight. Also trashing cars and showing it’s true color. Museveni isn’t a man who can be proud of his loyal cronies. Since the actions are just dire and sad. The grips of power are now put into a state where the state is using the force and laws in ways that shouldn’t have occurred. This will light the fire of the opposition and give more energy to the struggle against the NRM-Regime. Not because the Opposition is always right. But because the NRM-Regime is so wrong and acting so insincere. There no justice in the vile attempt to secure peace.

The IGP Kale Kayihura and Yoweri Kaguta Museveni need a reality check. The recent events happen on their watch and the world is watching. People like me won’t accept that. Peace.

Reference:

Mugume, Chris – ‘Residents throw away NRM cards over vote rigging’ (09.10.2015) link: http://www.monitor.co.ug/News/National/Residents-throw-away-NRM-cards-over-vote-rigging/-/688334/2905272/-/pmw73q/-/index.html

Makumbi, Cissy & Ocungi, Julius – ‘No violence in 2016 election – Museveni’ (11.10.2015) link: http://www.monitor.co.ug/News/National/No-violence-in-2016-election—Museveni/-/688334/2907504/-/4chm5c/-/index.html

Oloka-Onyango – ‘Understanding the genesis and impact of recent legislation in Uganda’ (05.01.2014) link: http://www.pambazuka.net/en/category.php/features/91567/print

 

IGP Gen. Kale Kayihura letter to Rebecca Kadaga on the Police-ICT Scandal (11.07.2015)

Fraud in action, ladies and gentleman. If your not reading it – then you should read again! Then you might see what has happen with the buying ICT equipment to the Police and this is wasn’t happening.  Wonder where the money went? Will you tell the world mr honorable IGP Gen. Kale Kayihura? We would like to know.

Peace.