This is what the Constitutional Amendment Bill of 2017 do: It makes it easier for the State to grab land!

The Constitutional Amendment Bill has been criticized and created worry, since the National Resistance Movement (NRM) have worked for and to get their leader to stay in charge and executive as long as he pleases. That is the President Yoweri Kaguta Museveni. So the article 102 (b) could easily been seen as possible change to fit the life and the age of the aging President. Instead, the gazetted bill of retired Major General Kahinda Otafiire is about making it easier for the state to compensate and take land from civilians. Since they want to make more cheap and make it legal to take land. If so make it easier to settle in court. This is clearly making the road development and pipeline building cheaper, also giving the government more power. Just by looking at the text from the government. Take a look!

The purpose of the Bill is to resolve the current problem of delayed implementation of Government infrastructure and investment projects due to disputes arising out of the compulsory land acquisition process. The problem of delayed Government projects has caused significant financial loss to the Government amounting to millions of dollars in penalties paid to road contractors for redundant machinery at construction or project sites as the courts attempt to resolve the disputes, most of which relate to quantum of compensation” (Otafiire, 2017).

Original Article 26:

26. Protection from deprivation of property.

(1) Every person has a right to own property either individually or in association with others.

(2) No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied—

(a) the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; and

(b) the compulsory taking of possession or acquisition of property is made under a law which makes provision for—

(i) prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property; and

(ii) a right of access to a court of law by any person who has an interest or right over the property” (Constitution of 8th October 1995)

Amendment of Article 26:

(3) Where the owner of property or any person having any interest in or right over property objects to the compensation awarded under a law made under clause (2Xb), the Government or local government shall deposit with court for the property owner or any person having any interest in or right over the property, the compensation awarded for the property, and the Government or local government shall take possession of the property pending determination by the court of any dispute relating to the compensation” (Otafiire, 2017).

(4) The owner of property or person having any interest in or right over the property shall have a right to access the compensation deposited with the court referred to in clause (3),at any time during the determination of the dispute” (Otafiire, 2017).

(5) Parliament shall, by law, prescribe the time within which any dispute referred to in clause (3) shall be determined” (Otafiire, 2017).

So now the part of the article 2 (b) was already giving the citizens and land owners set of rights, but not telling how the procedure for compensation for possible value of the land and neither loss of possible costs of moving. The new part of article 26, is about giving the courts rights to find compensation and awards to fellow citizens property.

What is new is even as the pending award and compensation to the land owner, the government still has right to take possession of the land. Which means the government even if the land owner or the one who has the title of the land has to move before the case is settled in courts. This means that the government can cease the land and later pay the people who lives on the land. So if the state and need to build infrastructure or any other project, they can take possession of the land and pay-off the ones living there later.

The Parliament can put a time-table for the possible ending of land dispute, but the possession is already cleared by the state. Therefore, the loss of possession and pending time depends. The real issue isn’t only the dispute, but no consideration of the loss of title, livelihood or even the possible all other costs like moving to another property or housing. This should have been taken in consideration when writing new standards. This one only gives positives to the state, but the citizens and owners of land titles get the hurt.

It is easy to see the Republic/State are the ones winning with the change of article 26 in the constitution not the citizens. The changes of the law is only to benefit the state and the ones acting by orders of the state, not for the citizens. This should be itself worrying as there are no part that is positive for the citizens in the amendment. The land can be possessed and has to wait for the time-table put forward by the Parliament and within that time while the dispute happening hopefully get compensated. Clearly, this is only giving more powers to the state, while taking away the total ownership of land. Since the state can possibly take possession and pay the title-owner later. Peace.

Reference:

Otafiire, Kahinda – ‘Constitutional Amendment Bill of 2017’ – 08.06.2017 – Uganda Gazette No. 33, Volume CX, Bill Supplement No. 7

Project abolish Article 102(b) is to extend the life-long Presidency of Museveni!

The National Resistance Movement and their henchmen are working hard to get this done in time. So their master and chief can continue to rule. The same they did when they abolished term limits in 2005. Before the 2006 General Election. The NRM and President Yoweri Kaguta Museveni have made this into a sport of how to make the Constitution of 1995, a useless work of art. They can soon be used as a toilet paper, since the legal value get lost when it is amended to fit one mans paradigm, instead of fitting the whole Republic of Uganda. Previous Constitutions has been abolished and changed with the one made in 1995, because the 1962 and 1967 for instance had serious flaws, they also either gave limited presidential powers in the 1962 and abolished kingdoms in the 1967, while making the President an Executive as well in 1967. Now they are planing to amend it just for one man, which is insane. And it just talk of one article in the whole law. It is this one!

Article 102: 102. Qualifications of the President.

A person is not qualified for election as President unless that person is—

a citizen of Uganda by birth;

not less than thirty-five years and not more than seventy-five years of age; and

a person qualified to be a member of Parliament” (Uganda Constitution of 1995),

It is the Article 102(b) “not less that thirty-five years and not more than seventy-five years of age”. This is the sentence and law that are planned to change. Since it doesn’t fit the aging body of President Museveni. The NRM are preoccupied with getting enough votes and finding the right code to change the one that is giving way to Museveni. The change isn’t the make the Republic better or governance better. It would be only because it fits the paradigm of Museveni. His life and his aging body.

This is not for betterment or making steady progress, this is so the NRM MPs and NRM Caucus, the review of the Constitution is only for the purpose of making the longevity of Museveni legal. So he doesn’t breach his own Constitution. Even it makes the Presidential parts and articles pointless. Make the law and the codes into perfect for him. Not making it wonderful for Ugandans, because this is making it so he can rule for life. This isn’t in solidarity or wishing to make a difference. Only because the President is soon 75 years old and he wishes to rule in old age like President Mugabe and others. That is the motivation. Nothing else, the rest is hogwash, bullshit and propaganda.

This will only benefit Museveni and the cronies who are loyal to him. No-one else… the only one benefiting is Museveni and his yellow party NRM. The abolishing of Presidential Age Limit isn’t for the greater good, it will not stop famine, higher inflation and battle unemployment. It will not create better development of agriculture or anything else. More or less making sure the State House and all the other powers will be Museveni to own. That is why he speaks of Ugandans and Ugandan values like he understands it all. Also, that he has to look into every single problem and sanctions provisions for the changes and who gets the needed help. No-one else matters since it has get the needed decision from the President.

President Museveni has a plan and that is to stay in power beyond his constitution for the second time. Changing it when needed be, there will clearly be happening because the Article 102 will be made for him. This has been talked about ages and now it will happen. If not before he turns 75 years old. Peace.

CEG – “Re: Petition of the Amendment of Article 102(b) of the 1995 Constitution of the Republic of Uganda, as Amended” (04.07.2017)

The Gazetted Constitutional Amendment will give Life Presidency to Museveni!

That the Minister of Justice Kahinda Otafiire and Constitutional Affairs has The Uganda Gazette on the 8th June 2017, so the Constitutional Review Commission will look into needed changes in the 1995 Constitution, that was last amended in 2005, so that President Yoweri Kaguta Museveni could continue to run the Republic and make sure the National Resistance Movement (NRM). Still had the full-control of the state. This is how it has been today, since the two presidential terms got abolished in 2005, but now the age limit of the President is planned to scrapped to fit the age of President Museveni. So he can be the President until death.

President Museveni wasn’t a democratic demigod, instead he is the true President for Life, who doesn’t care about his own legacy and the state of affairs. This because the Republic are totally connected with him. Nothing else matter. This is the proof of the new Amendment, which most likely are made to be fitted his future. The future of a life presidency of Museveni. Nothing else, it is that simple. That a former revolutionary and liberator keeps now his republic captive.

He has captured the state and now keeps it hostage, he uses and spends the state reserves on his own, the crony capitalism, as the envelopes runs wild. There been reports earlier in June that the Members of Parliament to vote for a Constitutional Amendment would mean that they would cash-out Shs. 300 million. That means 426 MPs was elected and sworn-in after the General Election of 2016. That would mean in vast sum of Shs. 127bn. Which is more than the Presidential Donation budget in the Financial Year of 2017/18. And in the budget made for the Financial Year of 2017/18 he was given Shs. 70Bn, which means if the MPs are getting paid from the proposed Presidential Donations it would miss 56bn.

But, hey by then they already have new suits and shiny shoes fitting their brand-new SUVs granted on their Swearing-in as MP. Surely, the easy money as much all the other benefits for being representatives must be swell. The enrichment of becoming politician and representative in the 10th Parliament, if this means that the State House controls it and makes all the political organs as a vassal state. Because they just have to follow orders and comply. The Motion and the Bill might be written by Minister Otafiire, but he is only being a loyal subject of the President.

Since it isn’t the first time they tried to get the amendment of the 1995 Constitution and the changed one again in 2005. Therefore, the try in 2015 wasn’t successful, but now after recent election the MPs thinks it isn’t that striking the plan of the old-man. He just want to rule and without any consideration of the state, which is his vassal. They are just subordinate to his rule and all his subjects. Nothing else. It is so simple, the mere fact of the whole situation. Now if this law is enacted and becomes law, if they found a formula to make the Presidency owned by one man and continues to extend his powers. There aren’t any real state functions that matters, unless it gets his blessing and his provisions. They are all mere subjects, with titles and salaries, but not real ones, because they all just follows his whispers and his commands.

With the Life Presidency, the Vassal State under President Museveni will be official, not only mafia state, a despotic state, but a Vassal State, that is totally separated by the State House where all the powers reside and the decisions are made. Peace.

USA: DHS Announces Implementation of Travel Restriction Provisions (29.06.2017)

Communique of the 31st Extra-Ordinary Summit of IGAD Assembly of Heads of State and Government on South Sudan (12.06.2017)

Cessation of hostilities agreement between Dinka Bor and Murle “first step to dialogue and engagement” (12.06.2017)

David Shearer, who is also the Special Representative of the UN Secretary-General, was speaking during a visit to Bor and Pibor in former Jonglei State in the east of South Sudan.

JUBA, South Sudan, June 12, 2017 – A cessation of hostilities agreement between warring ethnic groups in the Jonglei region is a “first step to dialogue and engagement but we now need to build on that and show that there is a real dividend for peace,” the head of UN peacekeeping in South Sudan, UNMISS, has said.

David Shearer, who is also the Special Representative of the UN Secretary-General, was speaking during a visit to Bor and Pibor in former Jonglei State in the east of South Sudan.

“My hope is that the parties will follow through on their commitments,” Mr Shearer said. “Only through dialogue and engagement can there be any durable peace and then development.”  

“From our side, my visit has strengthened my view that we need to step up the patrolling of the key highway between Bor and Pibor. We will also increase our engineering work to improve roads and infrastructure in the Pibor and Bor region.

“Roads are the lifelines of communities in the area. They stimulate trade and economic activity and jobs. Some are closed because of insecurity, others through disrepair. We can help with both.”

Fighting has “disrupted trade, further degraded the economy causing real suffering for the people here,” Mr Shearer said. “I’ve visited markets in the towns of Bor and Pibor, where people told me that prices are high and produce scarce. That won’t help peace to take root.” 

The agreement between the Dinka Bor and Murle leadership to end hostilities between the two communities was agreed in May and witnessed by Mr Shearer. It outlined clear next steps; the establishment of an investigations committee and a peace conference to address the many grievances on both sides.

Jonglei region has a long history of fighting between ethnic groups which has centered around cattle raiding and child abductions.

South Sudan Diaspora activists condemned civilians killing in the ambush (10.06.2017)

June 10, 2017 (KAMPALA)-The International Youth for Africa has strongly condemned the killing of civilians along the Juba-Nimule road, and urges the South Sudanese rebels and pro-government to desist from civilians attack. Ter Manyang Gatwech, an executive director of (IYA), for the South Sudanese base human right organization in Kampala has blamed the rebels for killing four civilians in the ambush of Friday.

However, the rights body has called on the Sudan People Liberation Movement –In Opposition to stop attacking civilian convoy escort.

“IYA condemned in strongest term possible. Those who claimed the responsibility need to be taken to the court. Both SPLM-IG and SPLM-IO committed a lot of human rights abuse this including arbitrary detention, torture, killing, forced and disappears,” he said.

IYA is urging both the government of South Sudan and the rebels allied to former first vice president Riek Machar to sit down and iron out their differences, through peaceful and recommitted to the 2015 August peace agreement.

“A political agreement should be the first to stop the war then follow by the National Dialogue in the context of reconciliation, forgiveness and accountability.

The venue, should be two phases a constitutional round table to include political parties and main stakeholders, Opposition, Church, youth, women, and community leaders both interior and exterior,” he said.

However, he urged the regional leaders and the international community to pressure both sides to accept peace if it’s forceful mean.

South Sudan: SPLM-IO – A Brief Response to Taban’s Attempt to Distort Facts (09.06.2017)

South Sudan: Kiir not attending IGAD Extraordinary Summit on 12th, because of advice from close associates!

President Kiir’s spokesman, Ateny Wek Ateny, said Kiir will not attend the IGAD summit. “He [President Kiir] will not attend the IGAD summit. The president has already sent a letter of apology through the minister in his office,” said Ateny when contacted by Radio Tamazuj” (…) “There are no reasons, but the president is attending to other things here in South Sudan. The team that will represent the president has not yet been formed,” he added” (Radio Tamazuj, 2017).

While several sources on the ground is saying that the negotiator and the one foreign leader legitimizing the National Dialogue of the Transitional Government of National Unity (TGoNU) or the Sudanese People’s Liberation Movement/Army – In Government (SPLM/A-IG). That are advised by the Uganda counterpart Yoweri Kaguta Museveni, which has even different parts of SPLM to discuss and find a common-ground for peace. That he would advice President Salva Kiir Mayardit wouldn’t surprise as Museveni has helped out in the past.

The other one giving advice on skipping the IGAD summit is the First Vice-President Gen. Taban Deng Gai, who has also said he shouldn’t attend. This means that the core problems of South Sudan would be discussed without any key leadership of the conflict at the 12th June 2017 in Addis Ababa. This would mean their decisions in Ethiopia would be outsiders looking in. As the SPLM-IO or other rebels wouldn’t be part of it, neither would the SPLM/A-IG. That means the two warlords and counterparts in the conflict would not be parts of it.

While most likely one of the one giving advice and being there to direct the talks are President Museveni, who will come with all sorts amendments and insights to secure that Kiir stays in power. That is the most likely opportunity, as the SPLM/A-IG will be in conflict with the rest of the IGAD over the grand-issues, as they will feel the fire and feel instructed to act by foreign powers.

Therefore the words of prof. Peter Adwok Nyaba wrote a piece called: “What do we expect of the IGAD Summit”, which he wrote on the 5th June 2017: “What then is new in the situation of South Sudan necessitating IGAD summit? Recently, Dr. Riek Machar has a rare opportunity to address, in a video teleconference, the members of the UN Security Council. This drew the wrath of the government of South Sudan in the person of Taban Deng Gai, the de factor Kiir’s first vice president. This UN Security Council’s gesture is welcome. However, it alone could not have triggered the regional reaction in form of a summit. The regime’s arrogant stubbornness and lack of concern for the deteriorating social, economic and political crisis seem to be paying off. The Archbishop Tutu Fellows of the African Leadership Institute on 25 May 2017 wrote to the IGAD Plus leaders urging them to act. A visiting US Senator threatened to stop US aid to South Sudan until the government stopped the war. These political developments could have freaked the regional leaders’ conscience to prompt a summit” (…) “A dilemma confronts the IGAD Summit. Whether to order a new political process to resolve the conflict or resuscitate ARCISS. Both options require the presence and participation of Dr. Riek Machar, the SPLM/A (IO). This puts the regional leaders in an awkward situation with President Salva Kiir and President Yuweri Museveni, who swore to prevent Dr. Riek Machar becoming leader of the Republic of South Sudan. In order to save face and avoid commitment to another political process or the resuscitation of ARCISS, President Salva Kiir might delegate Taban Deng Gai, who definitely and for obvious reasons will put up a strong resistance to both options. Taban Deng is determined to keep Dr. Riek Machar away from the region. In this President Museveni ensures him the absolute support. This will bring the summit to a dead end” (Prof. Peter Adwok Nyaba, 05.06.2017).

So if President Museveni and FVP Deng Gai advised President Kiir to not attend, because the dilemma of not only FVP Deng Gai role, but also the weakness of keeping Dr. Riek Machar away from South Sudan. With this the stalemate will continue as the SPLM/A-IG are continuing their skirmishes and the battles that continue to destroy the core republic, like agriculture and living conditions, as the refugees are fleeing to Sudan, Ethiopia, Democratic Republic of Congo and in Uganda.

More will come, but certainly Museveni is really interfering in the crisis in the Republic in a big-way, when he wants his friend to have his power and his mates around. Peace.

Reference:

Radio Tamazuj – ‘South Sudan’s Kiir declines to attend IGAD summit’ (08.06.2017) link: https://radiotamazuj.org/en/news/article/south-sudan-s-kiir-declines-to-attend-igad-summit