“Nkandla is about much more than paying back the money” – Bokamoso by Mmusi Maimane

“DA Leader, Mmusi Maimane, explains why the DA chose to reject President Jacob Zuma’s offer to settle his Nkandla debt out of court “

WikiLeaks: Government of Uganda issues from 2007 to 2009/10; ENI/Tullow Oil, PRA, Wakiso By-Election, Election Rigging, Payed Media and so on

2005_uganda_corruption_presser

Here I will back into the past, as I have done with Museveni directly connected to violence in the past. Here it is more general. Some of this is to refresh the memory of the matter. And when the Government; back in the called all of this rubbish, it must have been some facts that the government doesn’t want into the light. There is certainty that this will shed some lights on matter of Corruption, Oil-Money, Election-Rigging and other saucy tales of the recent past. Enjoy!

Mabira Forest Cartoon

Mabira Forrest and sugarcane deal:

President Museveni has gotten tired of multi-party-ism after the dissidence to agreement between Asian business deals to make the Mabira Forrest into a sugarcane farms. Especially President Museveni is tired of FDC and Dr. Kizza Besigye and how he is addressing the matters of Mabira Forrest. Because the NRM is happy with their trade between Government of Uganda and the Metha Group that Besigye and the public who has a feeling that Indian business are getting sweet-deals, but the ordinary workers are getting anything. Certain sources are saying that the Cabinet has made an agreement with the World Bank on the Bujagali Dam, but a part of that deal is to secure the Mabira Forrest. Museveni’s argument for the sale is to get the country into a middleclass county and in that way you have to use all the countries minerals and resources (WikiLeaks, 2007).

The PRA Suspect on bail:

On the 1st March of 2007 has re-arrested the main offenders from the Peoples’s Redemption Army (RPA). These offenders are suspected on both murder charges and treason charges. They we’re given bail, but the police didn’t treat them correctly. The Police beat them with batons and their defense lawyers were injured in the altercation. “Minister of Internal Affairs Ruhakana Rugunda said that the PRA had been released on bail for the treason charges against them, and that the Government respected this decision” (…) “Principal Judge James Ogoola said that he was: “concerned for the Court, for liberty in this country, and for the peace of this country” (WikiLeaks, 2007).

Besigye’s brother:

On the 13.06.2007 the High Court judge Caroline Okello granted the brother of Dr. Kizza Besigye bail. He is Joseph Musaizi Kifefe. He was charged at the time for being part of the uprising of the PRA (People’s Redemption Army). Further on he will stand trial for treason against the state. The lawyer for Kifefe has applied for bail on the grounds of medical condition of his client since he has blood cancer and need treatment at Mulago Hospital. On June 18 2007 he was discharged from Hospital after treatment that has lasted for over a month. The conditions for the bail was set for that he has to report to the Kampala Central Police Station, do this twice a month and register that cost $6,000, leaving behind his passport and not allowed to travel without permission. The issue for giving Kifefe bail was that the Government of Uganda feared the smear and loses appeal with the donor nations. Next date that is set for PRA suspects is set for July 16.2007 (WikiLeaks, 2007).

GAVI money disappears

Corruption cases:

Immunization Corruption Case:

In January of 2006 the President Museveni requested that the Inspector General of Government (IGG) to investigate the former Minister of Health Jim Muhwezi. This was because of the alleged scheming money from the vaccine program of Global Alliance for Vaccine and Immunization (GAVI). The funds for this program were instead spent on SIPIDIS – Constitutional Referendum and National Resistance Movement. President Museveni asked First Deputy Prime Minister Eriya Kategaya on how much of these funds we’re used for campaigning in 2005-2006. While the President pushed for IGG to investigate the Fund. Janet Museveni tried to stop this and support Jim Muhwezi. In April of 2007 the Justice Faith Mwondha that the former Health Ministery and other government officials had misused the GAVI funds. These persons were Jim Muhwezi, Mike Muluka, Alex Kamugisha and also the first lady niece Alice Kaboyo was part of the corruption case. The case was for the missing $900,000 from the $4,8M. 4th May 2007 Jim Muhwezi filed a petition against the case to block President Museveni’s case against the Gavi Corruption case. The argument being that it’s an independent institution that shouldn’t follow orders by the President and should get its mandate from the Constitution. The answer from the President came on the 16th May 2007 when he went to Constitutional Court to swear an affidavit that claims the corruption of Muhwezi and Kaboyo. At the same time the President claimed he hadn’t interfered in the investigation of the IGG. 18th May 2007 the arrest warrants on the Muhezi and Kaboyo was sent out. That also Kaboyo was implicated was not something the Ugandan public expected since she had been a part of the household of Museveni. Kaboyo claimed that she did this on verbal agreement with the President. Muhwezi was away when the arrest order came, but he turned to the police in 28th May 2007 from there he was sent to Luzira prison. Mukula and Kamugisha were granted bail on the 25th May 2007. The issue with this case was that the party of people took more money than where authorized to do and didn’t prove what they used that money for. Muhewezi is now seen as “not political responsible”. The Cabinet wanted just to “clip his wings” because they could be implicated by the case. This is something the President Museveni accepted (WikiLeaks, 2009).

Wakiso By-Elections:

4th November 2008 there was held by-election to fill the seat of the Kyaddondo North of the Wakiso District. “NRM candidate and son of Kibirige, Robert Kibirige Kasule, won the tightly contested race with 8,183 votes – just 60 more than DP candidate Regine Bakittee.  Forum for Democratic Change (FDC) candidate Pallyne Nakabuye finished a distant third with 1,900 votes” (…) “Allegations of electoral malpractice, including ballot stuffing, bribery, multiple voting, and violence were widespread. In one confirmed incident, a polling station’s presiding officer and other officials were found at the site before the polls opened with a number of pre-marked ballots already in the box.  The police and Electoral Commission Returning Officer were called in and the presiding officer was later arrested and the ballot box confiscated” (…) “DP Legal Advisor and Kampala District parliamentarian Erias Lukwago told the press that the election was not “free and fair” and vowed to seek legal redress” (…) “DP Secretary General Mathius Nsubuga contacted members of the diplomatic community to encourage missions to observe the election on December 4.  Nsubuga expressed concerns about increased Ugandan military deployments in the area in the days leading up to the election and reported increased incidents of intimidation.  He reported that Bakittee’s campaign manager had been knocked down in a hit-and-run car accident involving a government-marked vehicle” (WikiLeaks, 2008).

New Vision 71% 2011 - 2016

Media is bribed to write certain stories:

“De Temmerman expressed deep concern over the state of Ugandan journalism. “What is happening in the Ugandan press is pure exploitation and fabrication,” she commented. De Temmerman said that journalists are often paid to write stories aimed at destroying political rivals or advancing private economic agendas. She pointed to coverage of the recent National Social Security Fund’s questionable purchase of land belonging to Security Minister Amama Mbabazi and approved by Finance Minister Ezra Suruma (reftel). She said that a “considerable amount of money” exchanged hands as Parliament’s probe moved forward and that a number of her journalists had been offered bribes to “hit Mbabazi hard.” (…)”“The Red Pepper is 90 percent fabricated,” De Temmerman affirmed (Note: The Red Pepper is a salacious tabloid that is used by the government and private individuals to malign enemies. End note.). She expressed concern that the paper’s readership was rising and that some Ugandans might actually mistake it for factual journalism” (WikiLeaks, 2008).

Election 2011 Uganda

Local Council elections in 2009:

On 21th May of 2009 was there held in 79 districts that will fill the new seats in local councils and sub-country level. Observation teams saw this: “Voter turnout was low and there were very few contentious contests.  However, there were a number of irregularities and concerns that in a larger, more controversial election could be cause for conflict or possibly a rejection of the results.  Observation teams reported that several polling stations opened late due to tardy polling officials, missing or delayed voting materials, and rain.  Observers also recorded problems with the voter identification process, including multiple voters without voter identification cards or other identity documents, missing names, un-alphabetized voter registries, and conflict between polling officials and party agents over the identity of undocumented voters (Note: There were allegations that the ruling National Resistance Movement (NRM) party’s officials brought people to the polling stations without identification to vote in the place of deceased individuals still on the list. End note)” (…)”Monitors reported inconsistent ballot box sealing procedures, mostly believed to be the result of poor training rather than fraud.  In some instances, polling officials mistakenly used regular ink instead of the indelible ink to mark voters’ fingers. In at least two cases, individuals responsible for marking voters’ fingers were absent from their posts.  Many polling officials, party agents, and Uganda Police Force (UPF) constables appeared to lack a strong understanding of their roles and responsibilities in the voting process and thus failed at times to properly enforce electoral laws.  This, combined with limited voter education and information, often led to confusion and in some isolated instances verbal confrontation.  In one district, observers reported a more serious case of ballot stuffing.  Although observers reported these findings to the District Electoral Registrar, the results from the station were still considered valid and were included in the final count” (WikiLeaks, 2009).

NRM Material from Sanga Jail 101015

Election Rigging:

“On October 22, Uganda’s main opposition newspaper published excerpts of an internal NRM report accusing core EC officials of conspiring with opposition parties to place “ghost” voters and “phantom” villages on Uganda’s voter rolls. Opposition parties have identified a new EC as a prerequisite for their participation in the 2011 elections because they view the current EC as pro-NRM (refs. A, B and C). Various iterations of the NRM report accuse the EC of placing 500,000 to one million pro-opposition “ghost” voters on the voter registry to force the NRM’s Presidential candidate into a second round election run off in 2011. The report singles out EC Secretary Sam Rwakoojo, Legal Council Alfred Okello Oryem, and a handful of mid-level officials for corruption, fraud and conflict of interest, and recommends firing Rwakoojo “forthwith as he as done the most to damage (the) NRM.” (WikiLeaks, 2009).

Amama 090915

NRM-Membership program:

“The NRM membership campaign probably also serves to strengthen Museveni and Mbabazi’s power within the party. NRM leaders are likely looking to prevent an embarrassing repeat of the 2006 legislative election when 37 NRM members, frustrated by the lack of internal democracy within the party, defeated hand-picked NRM candidates by running for parliament as political independents. With the registration campaign, party members could be identified earlier and threatened with permanent alienation from the NRM if they bolted to seek election as independents. Mbabazi may also use his control of the registration campaign to boost his own embattled position within the party by withholding registration to those in the NRM who do not support him. Mbabazi’s position as Secretary General is up for re-election in late-2010, and he will likely face stiff competition for the NRM’s contested top spot” (WikiLeaks, 2009).

The day before riots:

“The government closed five radio stations on September 11th two CBS stations plus Suubi FM, Radio Sapientia, and Radio Two Akaboozi Kubiri – for violating Uganda’s Electronic Media act.  At least two other stations – Radio Simba and WBS TV – have been warned to censor their reporting or risk closure” (…)“On September 11, well known Radio One talk show host Robert Kalundi Sserumaga was abducted by unidentified assailants riding in an unmarked sedan as he left the WBS studio.  He was later dumped in front of a police station and arrested” (WikiLeaks, 2009).

opposition-leaders-sam-lubega-2l-upcs-olara-otunnu-and-others-were-weted-by-tear-gas-yesterday-picture-by-michael-kakumirizi1

Riots in Kampala:

“Rioting in Kampala subsided on September 12 after the King of Buganda postponed his visit to the disputed district of Kayunga” (…) “There was sporadic gunfire during the morning of September 12 on the outskirts of Kampala, as well as road closures and checkpoints near the city center amidst a heavy police presence.  Several police posts and dozens of vehicles were burnt during the riots.  One reportedly Asian-owned paint factory was also torched” (…) “On September 12 Buganda Prime Minister John Baptist  Walusimbi asked the Inspector General of Police, Kale Kayihura to  “restrain his officers and men from indiscriminate shooting against unarmed civilians in order to cool the temperatures.” (…) “On September 14, state media reported 21 dead and over 100 injured (including 13 police officers) during two days of rioting.  Some of those brought to Kampala’s overflowing Mulago hospital, including a two year old child who was killed, were hit in their homes by stray bullets” (…) “An estimated 550 to 650 people were arrested during the  riots. Local media reports only 82 of these have been charged, meaning that the rest should either be charged today or released” (…) “Museveni also accused Libyan leader Muamar Qadhafi of trying to destabilize Uganda by funneling funds to the Baganda as payback for Museveni’s opposition to Qadhafi’s United States of Africa proposal” (WikiLeaks, 2009).

MuseveniandIdiAmin

President Museveni on alleged torture:    

On 14th October 2009 President Musveni told the press that those who are torturing Ugandans will be severely punished. The president does this because he want to squash the allegations that been made in UHRC that agencies of the state is violating the Human rights. Reuters also questioned the President on the arrest and beating of the journalist Robert Kalundi Sserumaga. Later on 18th October 2009 NRM spokesman Ofwono Opondo he was ashamed of the actions of the UPDF, the Police, Prisons and intelligence agency. Opondo has claimed that he didn’t Understand why this was happening since the government agencies are more educated then before therefore it’s a shock that they torture the people they are arresting. IGP Gen Kale Kayihura on the 17th October he had to change the Rapid Response Unit(RRU) in the Police after claims of torture of alleged corruption case against the Executive Director of UNFA (Uganda National Forestry Authority) and his wife where the RRU is suspected of detaining them for a week and threathen to torture them. The RRU director David Magara was because of this moved from his position into a leadership role in the CID (Criminal Investigation Directorat). In Hoima the mayor who is a part of the FDC Atugonza is in proceedings against the state for a torture case where he was attacked by JATT (Joint Anti-Terrorist Team) in April 2009. This was a closed session from the public. The Mayor of Hoima claimed in court that he was sent to a “safe house” and tortured there by the CMI (Chieftaincy of Military Intelligence). Because of this Dr. Kizza Besigye has said that he would make litigation against Minister of Security Amama Mbabazi for the treatment of Atugonza by security agencies he controls (WikiLeaks, 2009).

New Districts in 2009:

“On November 11, Minister of Lands Adolf Mwesige asked Parliament to approve the creation of seven new administrative districts on top of the 14 districts already slated for creation in 2009 and 2010. If approved, this will bring the total number of administrative districts to 101, or three times the 33 districts existing when Museveni took power in 1986” (…) “According to the Commissioner for Local Councils, Patrick Mutabwire, all of the 39 districts created between 2005 and 2009 depend on the central government to cover 90 percent of their expedenditures.  At the moment, government service provision in new districts remains poor or nonexistent” (…) “According to the Commisioner for Local Councils, new district start up costs range from USD 300,000 for smaller districts to USD 1 million for larger ones, and each new district employs between 250 to 500 local government employees/ new districts are attractive job creation mechanisms for the Ugandan government. These appointments provide a chance for the ruling National Resistance Movement (NRM) to reward specific constituencies and individuals, or entice opposition members back into the NRM camp” (WikiLeaks, 2009).

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GoU and ENI deal – Mbabazi connection:

“The report claims that Mbabazi is using a front company belonging to the European owner of Asante Oil, and that ENI representatives distributed “fat envelopes” to a number of visitors – including Energy Ministry officials, representatives from the Office of the President, journalists, and Bunyoro Kingdom officers – while installed at a safari lodge in Murchison Falls National Park close to where drilling has occurred. NOTE: EconOff witnessed ENI’s presence at this lodge during a trip to Murchison in early December. END NOTE. Much of the report highlights ENI’s Libyan ties and accuses Qadhafi of funneling money to the Bunyoro and Buganda Kingdoms to destabilize the Museveni regime. The final two sections of the report purport to “show how ENI corrupts a country’s leadership and forces them to take unpopular selfish policies,” and the “dangers” of an ENI/Libya deal” (WikiLeaks, 2010).

Tullow oil corruption:

“On 14 December, Tim O’Hanlon, Tullow Oil’s Regional Vice President for Africa met with Ambassador Lanier to discuss recent developments in oil exploration in Uganda (see ref. A for background). O’Hanlon explained that the $10+ billion required to produce, refine, and export oil from Uganda far exceeds the financial capacity of Tullow and other mid-sized exploration companies currently working in Uganda. Tullow is therefore considering selling a portion of its Uganda holdings to a larger international oil partner, and has unofficially “short listed” three major companies as potential partners – including Exxon Mobil, Total (France), and the Chinese National Offshore Oil Company (CNOOC). After Tullow concludes its process of selecting a partner, likely in January or February 2010, Tullow will present the “bids” to the Uganda government and work with Ugandan officials to gain approval of the much larger oil partner” (…)”O’Hanlon referred to Minister Mbabazi, who facilitated an August 2009 meeting between ENI and Tullow, as ENI’s “patron” in Uganda, and said ENI created a shell company in London – TKL Holdings – through frontmen Mark Christian and Moses Seruje – to funnel money to Mbabazi. O’Hanlon also noted what he described as Onek’s recent unsolicited “grandstanding” before Parliament in support of ENI, and similar statements of support during a recent Indo-African energy conference in New Dehli. Onek made impossible claims at the Indo-African conference regarding ENI’s ability to export 100,000 – 200,000 barrels per day within two years” (…)”O’Hanlon said ENI’s Uganda deal is part of a wider effort, facilitated by Heritage, to gain control of all oil fields on both sides of Lake Albert. In addition to its exploration blocks in Uganda, Tullow claims to have exploration rights on the Congolese side of Lake Albert” (WikiLeaks, 2009).

This here must been seen as interesting, doest it? Aye? Especially so close to the elections, I am sure the local media would not like this to come out, especially the New Vision and such. I am sure Amama Mbabazi will not like this, but the history is the history, and people should know this, so you make the right decision on the polling day! Peace.

Reference:

WikiLeaks – ‘UGANDA: BESIGYE’S DETAINED BROTHER GRANTED BAIL’ (03.07.2007) link: https://wikileaks.org/plusd/cables/07KAMPALA1089_a.html

WikiLeaks – ‘UGANDA: IF A TREE FALLS IN MABIRA FOREST, WHO WILL HEAR IT?’ (02.05.2007) link: https://wikileaks.org/plusd/cables/07KAMPALA744_a.html

WikiLeaks – ‘RESPECTED EDITOR RESIGNS; GIVES VIEWS ON UGANDAN MEDIA’ (20.11.2008) link: https://wikileaks.org/plusd/cables/08KAMPALA1524_a.html

WikiLeaks – ‘UGANDA: CORRUPTION SCANDAL’S POLITICAL RAMIFICATIONS’ (29.05.2009) link: https://wikileaks.org/plusd/cables/07KAMPALA909_a.html

WikiLeaks – ‘UGANDA: MUSEVENI AND NRM SPEAK OUT AGAINST TORTURE’ (27.10.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1249_a.html

WikiLeaks – ‘UGANDA: GOVERNMENT RE-ARRESTS PRA SUSPECTS’ (02.03.2007) Link:  https://wikileaks.org/plusd/cables/07KAMPALA367_a.html

WikiLeaks – ‘UGANDA: DEATHS, DETENTIONS, AND DISTRUST AFTER KAMPALA RIOTING’ (14.09.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1055_a.html

WikiLeaks – ‘UGANDA: DISTRICT PROLIFERATION AS POLITICAL PATRONAGE’ (20.11.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1326_a.html

WikiLeaks – ‘LOCAL COUNCIL ELECTIONS IN UGANDA SIGNAL TROUBLE IN 2011’ (10.06.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA576_a.html

WikiLeaks – ‘CONTENTIOUS UGANDAN BY-ELECTION AND ITS LESSONS FOR 2011’ (18.12.2008) Link: https://wikileaks.org/plusd/cables/08KAMPALA1613_a.html

WikiLeaks – ‘UGANDA: ALLEGATIONS OF “GHOST” VOTERS HAUNT ELECTORAL COMMISSION’ (17.11.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1323_a.html

WikiLeaks – ‘POLICE ARREST MAYOR (AGAIN) AND TEAR GAS OPPOSITION IN WESTERN UGANDA’ (10.12.2009) Link: https://wikileaks.org/plusd/cables/09KAMPALA1391_a.html

WikiLeaks – ‘UGANDA: SECURITY REPORT DETAILS OIL SECTOR CORRUPTION’ (13.01.2010) link: https://wikileaks.org/plusd/cables/10KAMPALA19_a.html

WikiLeaks – ‘UGANDA: TULLOW SEES CORRUPTION IN OIL SALE’ (17.12.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1401_a.html

WikiLeaks – ‘UGANDA: NRM LAUNCHES MEMBERSHIP REGISTRATION DRIVE’ (23.09.2009) link: https://wikileaks.org/plusd/cables/09KAMPALA1097_a.html

Constitutional Petition No. 53 of 2010 – The Ruling towards some of the Policemen of Mbabara after the actions of the weekend

Judgement from Court 121015 P1Judgement from Court 121015 P2 (2)Judgement from Court 121015 P3 (2)

Uganda – Amendments to the ‘Anti-Corruption Bill 2013’ – Important changes to the existing law

2005_uganda_corruption_presser

It’s a proposed new amendment ‘Anti-Corruption Bill 2013’ that is dated back to 13th July of 2013. I will take the basic understanding of how the bill will be and what it can do if it gets into effect. The person behind this bill is Hon. John Ssimbwa who is MP of Makindye Division East. On the 7th of July 2015 this got passed in Parliament!

The important issues from the Memorandum:

First part is that is an extension and amendment of the ‘Anti-Corruption Bill 2009’. One of the main objectives of the bill is that the property of the offender the government can confiscate that from that legal person. That property will be controlled by the government and management by the public trustee appointment by the Minister in accordance with the Public Trust Act. One defect with the existing law is how to prove that set property was earned by the corrupt actions or indirectly by it. Because of this there is the reason for the amendment to the existing law.

Second part is how you define “property” and “political leader” which will entail more and describe broader in the new law after the amendment. In the new one the “political leader will be broaden the scope of the offence that caused the financial lost. Also figuring in “a company” to prove there are two “actors” in the actions of embezzlement, graft or general corruption. One new clause is also to incorporate Inspector General of Government (IGG) to service the court. And give more power to the Dirctorate of Public Prosecution (DPP) and IGG which will together restrict the owner of the bank accounts of the accused person. New clause is also to the persons who refuse to comply or give information to Special Investigator; with failure to follow the recommendation of the police will be incriminated, because with existing law there isn’t any response to it for the government. If for certain that a person is convicted for corruption for mandatory confiscation of any property to the person. And also in the amendment the person who will lose his property after being convicted will pay the cost for the transfer of the actual property.

Important changes:
From Section 20 setting in: “A person employed by the government, a bank, a credit institution, an insurance company, a company, a public body or political leader, who in the performance of his and her duties, does any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank, credit institution, insurance company, a company, or public body commits an offence and is liable on conviction to a fine not exceeding three hundred and thirty six currency points or to a term of imprisonment not exceeding fourteen years or both”.

From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

From the Section of 65:

“A Person is taken to have absconded if reasonable attempts to arrest the person under a warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall taken to have absconded on the last day of that period”. 

Meeting between Public Trust Act and the Amendment of the Anti-Corruption Act:

What these amendments to the existing laws is focusing on the property of the convicted person and how it all will be transferred to a Trustee Fund. This fund will be in power of the Government with the Inspectorate of General of Government and Dictorate of Public Prosecution will be in charge of. In the end this leaves more funds and properties into the government that will transfers from convicted persons and companies to the Trustee Fund.

A matter remain on the ‘Public Trustee Act of 1937’ has some issues and therefore need to amendment to see what the government of Uganda need to recover the embezzled money and property. The law in general is setting the standard on how the trusts are set up.

First section: “The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee”.

Third Section: “An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect” (…) “An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe”.

Fourth Section: “The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent”.

Sixth section: “When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case”.

Seventh section: “If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent”.

We can see the difference between the new law and the older Public Trustee Act of 1937 and the amendment on the Anti-Corruption Bill, which deals with the property of a felon and the consent part of transfer of the property. Especially when you see how it set limits on the government and how the applications of the public trustee where it specifically says in the Act of 1937: “no such order shall be made without his or her consent” while the Anti-Corruption Act Amendment says: “From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

As you see this gives the state a possibility to order and confiscate of property from the convicted person and also get the payment for the transfer of the actual property. So if this comes to effect and can take possession of it or custody when the person is under restraining. The Public Trustee will be under the IGG and follow the orders of the DPP.  This gives more power then what they currently have. So that the Directorates and Public Prosecutor get more powers when they have apprehended a suspect and get either suspend their money in accounts and also transfer the property of the convicted person.

This means those people that will get a stronger punishment and that the Public Trusts will soar in Uganda, if the IGG does it jobs and get bigger cases through the courts. This means that the minister who is in charge and making the Public Trustee funds has to be sober and in-charge to keep up his conduct and the supervision of the fund after transferring the actual property and freezing of the accounts.

It would be interesting to see the implicated changes of the law and also how the minister and Inspectorate of General of Government has to be sure that the property and accounts are parts of the charge. If these extra charges will make a difference in Uganda, is only time to tell because the way it will be seen is the actual results and if it benefits the court systems. Secondly if the transfers of properties and accounts go well, then the Government might over time get vast amount of monies from different accounts and also grand properties if the functions and prosecutions of corrupt politicians, governments’ officials, civil servants and businessmen get caught. Therefore the Trustee Fund under the Minister will be a giant over time and also need more resources to have accountability over it. Something that is natural with the pending issues and convicted people that will be hurt by this law if this amendment will be a new reality in Uganda. Peace.

Reference:

Bill Supplement No. 3 – Bill No. 7: THE ANTI-CORRUPTION (AMENDMENT) BILL 2013 (13.07.2013) in Uganda Gazette No. 34. Volume CVI dated 5th July 2013, UPPC, Entebbe Uganda Ordered by the Government.

THE PUBLIC TRUSTEE ACT of 1937 – Chapter 161