MinBane

I write what I like.

Archive for the tag “J.M. Okoth-Ochola”

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

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

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

The Penal Code Section 167. says:

Idle and disorderly persons.

Any person who—

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

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

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

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

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

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

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

Short history of the Penal Code:

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

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

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

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

Advertisements

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

Uganda Police Force: Police Statement on recent Transfers and Postings (26.09.2019)

Uganda-Rwanda Tensions Part XII: Communique (16.09.2019)

Uganda Police Force: Police Statement on Arrests at Court Premises (13.09.2019)

Uganda-Rwanda Tensions XI: Deportation in Respect of 32 Rwandans INV/357/19 (12.09.2019)

Uganda-Rwanda Tensions Part X: Meeting of the Ad Hoc Commisson for the Implementation of Memorandum of Understanding of Luanda between Republic of Uganda and Republic of Rwanda (12.09.2019)

A retort to Museveni’s recent letter: Will there be a difference between injustice and justice?

I will not use too much time looking into the recent letter written by Yoweri Kaguta Museveni. I will instead show some significant pieces of it. That settles the puzzle of who he is as an President and Head of State. Because, it shows his force and his way of governing, by mere words. That his the overlord and without question has the right to take lives. Especially, since killers are pigs, but if it wasn’t for killing himself. He wouldn’t have won his own rebellion in the 1980s. But we’re supposed to forget that, in which, makes that statement contradictory.

Before I go on a long rant… Just look at this!

As I told you before, these criminals are pigs. Anybody who kills people outside war is a pig. Moreover, many are stupid. They forget that all crime leaves clues and, eventually, the criminals will be captured. Up to the killing of Kaweesi, Kiggundu and Abiriga, the security infrastructure had lagged behind. You remember after those killings, I presented to Parliament a 10 points anti-crime plan on the 20th of June 2018. Although we have only partially implemented it, many of the killers in recent times have been arrested. The Masaka gang of Kiddawalime was wiped out (killed or arrested), Serugo Paul and his Syndicate in Masaka, Kanyesigye Juilius alias Mwesigye Amon in Rwizi and Kampala and the Usafi mosque criminal syndicate were neutralized” (Museveni, 10.09.2019).

I am sure that Obote, Tito Okello or anyone else he got rid of would call him a criminal or a pig over his actions. As the rebellion he used was over his own grievances. His saying certain sanctioned killings is cool, as long as they are done in the midsts of war. Even though certain criminal activity and crimes against humanity can warrant arrests, charges and sentencing at the Internal Criminal Court (ICC). Surely, the President who fears that institution, will not mention that, as he acted without question, in a brutal way in the Democratic Republic of Congo and could at one point answer for that in Hague.

Well, the other striking distinction … is how is openly saying he failed implementing the 10 point plan of June 2018. That must surely be as failing to implement as the 1986 Ten Point Programme, which he still haven’t finish. Maybe, we need to give the President another 32 years to finish of his second 10 point plan. He always needs time, while partly making things work.

Before I continue, the President had this to say as well:

You may commit a crime, carelessly taking away the lives of others; however, you will also lose your own life. We need to make this clear to the Courts. It must be an eye for eye. Nothing less will be acceptable to the freedom fighters that I represent and the entirety of the electorate of Uganda that I represent” (Museveni, 10.09.2019).

The President will ensure that state is allowed and can shoot-to-kill before the Courts have found a verdict and said a set individual is guilty of the charges. This sort of policy is made for police states who will not answer to laws, but to enforcement itself. Killing of killers is within reason, but with the enforcement of laws and by evidence produced in the courts.

If it is directly an eye for an eye, than a stray-shot might kill another innocent civilians and anarchy will persist. Where there is no legal bound, but to carry weapons. As everyone will can do it. Instead of making changes and securing the public, these sort of acts will if it is enforced, make life very cheap. Who knows if the ones killed by law-enforced is the killer or his neighbour? Because, when your dead, your either a hero or a terrorist. In the eye of the President, the dead man would initially be a criminal pig. Even if the person shot and killed by security officials was innocent, they can frame it like yet another criminal taken-out.

This is enough for me, because, there is so much in the text that he wrote, but for me this is the standout. Which needs to be addressed, if he believes in justice. He should consider measures that secures a verdict based on evidence, affidavits and proof. Not hearsay and random picking people out and giving them a fatal punishment. Than the innocent could loose their lives, just like the lives taken by the killer. While the ones whose supposed to get sanctioned runs free, because you claim that the innocent did the evils bidding. Did he ever consider that?

Don’t think so, because he seemed focus on retaliation, more than countering injustice with justice. Which means, there is hard to strike a difference between whose the criminal and whose the law-enforcement. That should worry anyone. Peace.

Uganda Police Force: Police Activily Investigating Car Shooting (06.09.2019)

Uganda-Rwanda Tension Part VIII: A look into the Parliament Report on the closure of Uganda-Rwanda Border

On the 23rd August 2019, the Minister of State for East African Community Julius Wandera Maganda sent the report on the Closure of Uganda-Rwanda Border. This report has been made to update the EAC Committee. Still, the public deserves to get the numbers and the gist of the closure. What it really means in the hard numbers and with the cross-border trade.

Clearly, the closure has had an affect on both republics. As the Report states are that:

Following the closure of Cyanika, Katuna and Mirama Hills Border Posts on the 27th Feb 2019 by the Republic of Rwanda, as part of their mandate, the Ministry of East African Community (MEACA) has undertaken a number of steps as indicated below”.

There has been certainly new rules for entry between Uganda-Rwanda:

i. There is still free movement of persons (Ugandan Nationals and other Nationalities) to and from Rwanda save for the Rwandan citizens who are only allowed entry and no ex;.t from Rwanda.

ii. The only Rwandan nationals allowed exit from Rwanda from the borders above are the drivers on transit to Kenya and not to Uganda.

iii. It was also noted that the Ugandans who cross to Rwanda only go there mostly to attend Parties or Funerals, and not business as the environment for Ugandan goods and products is hostile.

iv. Whereas Ugandan nationals are allowed to enter Rwanda, it is unfortunate that Ugandan goods/products arc not allowed entry. These are rejected with no reasons given, no rejection notes/documents are provided. Many drivers have suffered the disappointment of being told to turn back to Uganda”

All of this has consequences. Just as the financial implications by this alone. The Ministry can show that in FY 2017/18 value the imports from Rwanda at 160,293,270,436 UGX and in FY 2018/19 it has gone down to 123,338,816,439 UGX. This is downfall of imports of 23.05 % from the last year.

The consequences for the export to Rwanda is also hit. In FY 2017/18 was 585,436,037,282 UGX and in FY 2018/19 is 426,884,832,406 UGX. This is a downfall of export in the amount of 27,08 %. from the last year.

The results of the closure of the border at Katuna has ensured that there was no trucks passing this pass, between March 2019 to the June 2019. When the trucks started to crossover again. Still in a fraction of what was done in the past. Before February 2019, the average inflow and outflow of trucks was above 3000. However, in the months of March to June 2019, there was less than 500 every month. Even ZERO in the months of April and May 2019. Before, the numbers has started to rise, but not more than 300 in June 2019. Surely, One-Tenth is a major change and has affect.

This has resulted in more traffic, within the inflow and outflow at the Mirama Hill. Until February 2019, there was usually about 300 passing in both directions. However after this it was around 2000 trucks passing through every month between March to June 2019. Which is showing that there are blocking of trucks and also the total numbers of trucks passing on both passes is less than 3000 in both directions. That is really hurting the cross-border trade between the Republic’s. It is easy to see.

The closure has had an affect and the new measures on both sides. Has hit the trading, but also general movement. That is visible and surely, would be nice to see what the Rwandan Parliament would write as a counter to the Ugandan side. To see if their have another explanation for this. Peace.

Post Navigation

%d bloggers like this: