African Centre for Media Excellence (ACME) – Kasumba: Police should conduct speedy, open and legal investigation (21.04.2020)

Opinion: Samson offended the Don

NBS News Anchor Samson Kasumba was arrested last night for seditious activities against the President. Kasumba’s house been raided and his been held at Kira Road Police Station in Kampala. A law that Andrew Mwenda claims was already thrown out by the Constitutional Court. However, the Uganda Legal Information Institute(Ulii.org) says is still active. This being the colonial law of the Penal Code and the articles 39 and 40, which states the matters.

This part of the law is direct. These sort of articles and sections of the law has been used against critics before. That they are malicious and such towards His Excellency and his kin. If it was speaking ill of the “Leopards Anus” or addressing “Project Muhoozi”. They have gotten into trouble. Therefore, Samson is in a long line of people scorn by daring to write-up on them. Used various of laws against them from the Computer Act to whatever, even write some silly poems too.

The Penal Code states:

39. Seditious intention.

(1) A seditious intention shall be an intention—

(a) to bring into hatred or contempt or to excite disaffection against the person of the President, the Government as by law established or the Constitution

40. Seditious offences.

(1) (a)

(b)

Any person who—

does or attempts to do or makes any preparation to do, or

conspires with any person to do, any act with a seditious intention;

utters any words with a seditious intention;

(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;

(d) imports any seditious publication, unless he or she has no reason to believe, the proof of which shall lie on him or her, that it is seditious” (Penal Act of 1950).

We can anticipate the authorities postponing the court date. They will hold him for as long as possible. This is done as a message to society. That even a NBS News Anchor can be taken like cattle into custody. That there is no one the Authorities cannot touch. If they dare to insult or insinuate things about the ways the government organize. Than they can end up like Pastor Joseph Kabuleta or anyone else. Even spending months upon end in Luzira like Dr. Stella Nyanzi.

This is not a new way or method of this government. He is just the recent big-fish for the big-men to shallowly call a victory. Fred Enaga and the whole Police Force can come with their ordinary statements and releases. He can be smug and call him a chicken thief. Surely, the statements made on Social Media hurt the pride of the state. However, they must deserve it when one of the major News Anchors of the Republic says it for everyone to see.

Like stated already. His not the first nor the last. The authorities does this, critics are fair game and allowed to challenge. Samson is just another one. He will pay and be a prized possession of the Police Force. They can show a token of loyalty to the “High Above”. Enough BS. Peace.

Opinion: The key ingredients to why burials have become political

There are usually some components in play when things change. There are certain stimuli or even ingredients that changes the flavour. It could be to much salt, pepper or even chilli. Even the idea of putting some sugar or milk like liquid in the sauce and the whole flavour profile changes.

The same way the political landscape changes. It does so over time. The main reason is that the state, the authorities and the ones in-charge are making other ways of gathering or assembling possible. There are reasons why the main big speeches and meeting places for opposition leaders in the republic is at burials or vigils of deceased activists and forefathers of political dynasties. That’s because the state barres them from gathering with consultation meetings, rallies or even celebrate their anniversaries. Even opening up local offices and spaces for building up the party can be shut-down by the authorities. There is no political event of the opposition without the police, the soldiers or other outfits to silent them.

What is even more striking is that the activists, the youth and the ones that gather around these consultations, meetings and such. Are the ones that is taken down and out. The police, LDUs, Crime Preventers and whatnot has assaulted, arrested, detained and killed civilians in the mercy to stop opposition leaders from “inciting violence”. Instead they are using violence to disperse and stop the public to assemble.

Because of this, the politicians, if they want to have any place to speak to strangers. They are not allowed to rally, meetings or even operate as a party. They use the Public Order and Management Act (POMA) and the Penal Code. Where there are pieces of legislations that is used to stop and measure the opposition. However, the same legislation seems to never be used to the governing party nor its associates. That is why they operate like a “normal party”, even if they have the sole-candidacy sickness, which has given the whole party a Stockholm syndrome as hostages under one man and his vision.

With all of this in mind. It is not strange, that the oppositions are using their best speeches, their best political work at burials and funerals. As this is the one moment, which the police force will not attend and block. The authorities will not throw tear-gas and close of a church or public space, as the casket and undertakers in attendance.

It is easy to understand this and why it turns this way. This is because of the state and their actions. That makes it the only path to generate support and attendance without fear of repercussions. That is why opposition leaders uses those gatherings for this. Because they can and they will.

It is not fair that it is this way, but as long as the path is made while walking along it. There will more functions used like this. Expect weddings and others to become it as well. Since, there is so narrow avenues and limited space. That is why burials and funerals are the place of political messages get across. It is not intended like that, but the orders from high above demands that. Peace.

The man behind the Arua Stone is charged, but why not drop charges against “Arua 33” and MPs?

The 13th August 2018 are haunting the people who was part of the Arua By-Election. The Members of Parliament, the Arua 33 and the ones who was part of the opposition team beating the National Resistance Movement (NRM) candidate there.

There been plenty of charges, gathering of evidence, even arms and bullets discharged. Still, there been no case, no profile and no verdict on the People Power MPs nor their supporters. An almighty and powerful Arua Stone attacked the Presidential Convoy, which have never surfaced, while no one has to answer for the driver of Bobi Wine death. Until today, someone has to answer for the stones hitting the convoy, but the others are still in legal jeopardy.

This is 311 days, 10 months and 7 days. NBS Television reports: “A 70-year-old man has been arrested in Arua for allegedly stoning President Museveni’s car and smashing its rear door glass on 13th August 2018. Omar Risasi was summoned on Tuesday to make a statement and later detained” (NBS Television, 20.06.2019).

This should mean that the charges against the Kyadondo MP Robert Kyagulanyi, Francis Zaake MP and others should be dropped, since the authorities have found an culprit. Which isn’t any of the high profile or any of the Arua 33.

Since, the charges against the ones are still viable, the pending trail is still on-going and the evidence collected against them are still in Arua. Therefore, the UPF and the authorities are still acting as the Opposition are the ones behind it. Even if they have now a new suspect and even detained a whole different person for the crimes against the President. We are now also seeing that the destruction of a luggage car of the President is more valuable, than the life of an citizen, the driver who got killed during the same day. Which still isn’t investigated or even cared for, his life is without value in the sense of the authorities.

Even with all of this, we are learning the values of this government. AS they are persisting to assault the freedoms of people, take people for granted and not dropping charges, even as the discovery and finding evidence doesn’t pull way against the ones the state wants to indict. The NRM and the government are looking foolish, just like the stories about that window.

Seems like they just found a character they could depose and suspect after ten months, instead of actually trying to find the ones breaking the glass. Because, the windows of that Presidential Car was broken perfectly without any damage of the paint, nor any significant damage on the rest of the car. Like the tinted metal could manage everything, while the window could just give way.

This seems like a fishy move, but if it was believable, the state would have dropped charges against the Arua 33 and the MPs in question. Alas, they are not doing that, so the political motivated investigation and charges are still alive and living colour. Peace.

Opinion: Bosco’s weird arguments for blocking public gatherings!

Well, its been a while since the President have addressed the public. Maybe, after meeting the diplomats from European Union at the State House of Entebbe. They told the old man with the hat, that he should try to sway public opinion about the acts of the Police Force and Army, which is used as tools to shutdown the Opposition. The President Yoweri Kaguta Museveni trying to defend the acts of the authorities, isn’t surprising, they are doing his bidding. I will not dissect the whole article published today, but just the vital parts in my opinion. Because lots of is his own self-praising, that he does at every opportunity he have. It is just his M.O at this point.

If you want to hold a public meeting (olu kungana) or a procession (ekivulu) for a legitimate reason, you should liaise with the Police, so that your public meeting or your procession does not endanger the lives of other Ugandans or the safety of their property. You agree with the Police on the route, if it involves a procession, or the venue if it is an event or a rally. The problem we have with some elements of the opposition is that they ignore this. They want to hold meetings or processions near markets or through crowded streets. This one we cannot allow” (Yoweri Kaguta Museveni, 05.05.2019).

What is weird about this argument is that he thinks the public is so ignorant and so blind to the activity of the opposition. Especially, the consideration of the applications and notifications of all public rallies, all ones done by the opposition. They have complied, but still the Police Force have blocked it. If it is concerts of Kyarenga Extra of Bobi Wine or any rally in any district by the Forum for Democratic Change (FDC). The notification and even the paying the stadiums and town gardens are blocked by the Police Force, even before it is starting. So, we know the state is not allowing the gathering of the FDC or real opposition by all means. Not for safety, but because they challenge Bosco. So, his issues are also backfiring. As the government party and ruling regime are allowed to do processions without any issues or public gathering where-ever it fits, even public markets like the Owino Market in Kampala. So, the President really thinks the public is stupid like his cows.

Therefore, if you want to assemble publically or to procession, it must be for a legitimate reason. If it is to preach hate, to decampaign investments in Uganda etc., then we shall not allow you. Those who have ignored this logic have paid a heavy price” (Yoweri Kaguta Museveni, 05.05.2019).

What is legitimate reasons? Is it stand for your sole candidacy or your causes? Because, anyone else will be shutdown, met with tear-gas and arrests. That is just what happens, if not blocked or house-arrested before entering the paid venue. This is just what is happening, as the Police Force are steady monitoring the acts of the opposition and criminalizing all their activities. Therefore, whatever they do is illegitimate in your eyes and by your authorities. They can never win, they can only loose.

They can notify and negotiate with the Police Force for a rally, a conference and even a concert, but by the ordinary option. The Police will block it or even disperse the crowds before entering the venue. That’s why his assessment is bit far fetched. There are no way the Police Force are accepting rallies, except in a limited window of an election roadmap, but even then the Police can close a rally then.

So anything that his not interfering with the ego of the President and his comrades. The rest have to beg for mercy to legitimate or be like Mama Mabira who kissed the ring. That is just who he his. Also, last part, which needs to be addressed:

However, I also disapprove of the method the Police used to break the glass of Bobi Wine’s car. They should have towed the vehicle to wherever they wanted him to be” (Yoweri Kaguta Museveni, 05.05.2019).

This one is really ironic, because this has been done to plenty of politicians in Uganda. This is not a new tactic of the Police. They have destroyed glass to throw in tear-gas into the vehicle. I know of plenty of times this has been done in the Republic. The Police Force have even towed Besigye across several districts to the closest prison at one point. So, he wanted the same thing when Bobi Wine crossed to property at One Love Beach and drag him to Mukono. Because, that is okay of them without warrants or even charges. This shows his lack of respect of individual freedom, which is only given to Jajja, but not the public in general.

This text shall be a warning, that all opposition is by all practicality illegitimate in the eyes of the President. Not that this is new, he has called by them all names and said he would destroy them. Surely, this sort of defence is showing his intent before the 2021 election. There is nowhere to hide, as they are clearly not spreading the message, the almighty accepts. But, we knew that already. Peace.

What if the Public Order Management Act (POMA) was aimed at the National Resistance Movement?

I wonder, this is an experiment, what if the Public Order Management Act was measured in way, where it didn’t hurt the opposition or any dissidents of the government, the President and the National Resistance Movement, but instead went directly and worked against them. I know, its impossible at this point of time, but that is why this an example. An example that has been running in my mind all day.

Let’s say President Yoweri Kaguta Museveni was stopping in a roundabout in the middle of Kampala or even at Owino Market without any prior notification to the authorities. Where he would cease the ordinary life and people would congregate around his Toyato Land Cruiser, but also around the convoy of Special Force Command (SFC) and so-on. Still, because he didn’t apply to be there and hold this meeting.

The authorities would than be sanctioned to send the Police Force, the Residential District Commander together with the Regional Police Commander and the Kampala Metropolitan Police had to intervene. They could even send the Flying Squad there to stop the crowds to gather around the President. Arrest the “ring-leaders”, the people who he was planning to meet. Seal of the venues and tear-gas the crowds. Even put the President in the back of the black-van and drive him back to Okello House. Where he would be in House-Arrest until he followed the Police Order and didn’t incite violence. As he did on that day without notification to have a meeting with random people on the streets of Kampala.

In the same fashion as the National Resistance Movement was planning to hold a Conference and Leadership Training at Kyankwanzi. The Party would have to inform about the planned scheduled program, about the media meetings and the addresses, where the press is supposed to participate at the venue. Where the Police Force would swiftly deny entry because they don’t have manpower to keep the NRM safe or the public. As the NRM would still go ahead on their own property, the Police Force would have to seal of the venue, arrest Secretary General Justine Kasule Lumumba, Prime Minister Ruhakana Rugunda and Dr. Tanga Odoi. As they are parts of this, others that might be picked for rowdy behaviour and inciting violence would be Frank Tumbewaze, Ofwono Opondo, Kahinda Otafiire and Maj. Gen. Matayo Kyaligonza. All of them would be behind bars, awaiting trials for unknown alleged circumstances and the state awaiting to produce the evidence of it.

As those circumstances and contexts seems fine and dandy. There are others, that would seem fitting too. Since the NRM likes to ferry crowds in and around election times. Let say the NRM went around with their gadgets, their little soaps, foods and thousand shillings notes to the villages,as the NRM Village Projects always appear on the Campaign Trail of the Party.

As your playing that in your mind, as the NRM are travelling in the deep villages of Moroto or Adjumani. As the NRM Buses are ferrying crowds to the venues of the nearby stadiums. Where the President, his musicians and the SFC is in and about. The Police Force are coming with their mambas, arresting the coordinators of the Campaign. The driver of the President is taken to unknown location. His Land Cruiser is towed while he is still in it. The shocked NRM Party are following and trying to block the Police from doing this. While Secretary General Lumumba is trying to alarm the press. The NBS and NTV journalists following the Campaign Convoy is arrested and heading by another police van to Arua. The President is landing at the Moroto Magistrate Court, where his charged quickly before his airlifted to Luzira Maximum Security Prison. While the rest of the Campaign Team is either trying to get detained activists out of prison in Moroto Military Prison or awaiting trial themselves. Since, they have all broken the peace and public order by ferrying the crowds to the venue. A venue they hadn’t the clearance of the Police or the Police didn’t care about the notification and stopped it anyhow.

This was just three random scenarios. Very real scenarios, which the Opposition meets every day and all the time. Especially, when trying to gather or do political work. They cannot manage to do it, without the police intervening or being in the way of their work. The Opposition, if they try, they end up house-arrested, detained or charged with a crime. Even if the only thing they tried to do, was to actually do party work.

So, when the likes of Frank Tumwebaze saying the Police have made the Opposition heroes. Well, the Police have made them felons and outlaws, by just doing their duty and to be the checks and balances in the system. In a system that monitor, control and charge them, any time they can. This is the system that is built around the Public Order Management Act, as the Opposition has to beg to gather and do political work. Which is not a given, because the Police can use any reason or any excuse not too. That is just the way it is, but the NRM can do whatever, since the President and NRM has the Police and the Army. That is why the President can make a meeting without any form of notification and doesn’t need to follow the POMA. Even if he should, because he shouldn’t be above the law, but actually abide to it. Like everyone else. Peace.

Opinion: Is the FDC breaching the article 71& 72 in the Constitution by its mere existence?

Justice looks for no prize and no price; it is sought for itself, and is at once the cause and meaning of all the virtues. . . . The worst kind of injustice is to look for profit from injustice.” – Marcus Tullius Cicero

Pardon me, but I got to ask a foolish question. Just to prove a point. It is tiring to know, that every single time the Forum for Democratic Change (FDC) is trying to convene their party, hold rallies or even meet up. The Police Force is on their tail. The Calvary is hidden behind the bushes, ambushes them with tear-gas, arresting key people and as scheduled programming. Arresting FDC Party President Patrick Oboi Amuriat. As well, as silencing the meetings between the Central Leadership of the Party and Local Leadership.

The Democratic Principle from the 1995 Constitution:

II. Democratic principles.

(i) The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance”

This is so common, that I got to ask, because the Republic, still has laws. More laws, than just the Public Order Management Act, even if that is more used or accessible, than the Penal Codes. Alas, the Political Parties Act of 2005 article 10 states:

(1) A political party or organisation shall, in its internal organisation, comply with the provisions of the Constitution, in particular articles 71 and 72 of the Constitution”.

So, as the law states that, the key paragraphs of the Constitution is as follows:

71. Multiparty political system.

A political party in the multiparty political system shall conform to the following principles—

(a) every political party shall have a national character;

(b) membership of a political party shall not be based on sex, ethnicity, religion or other sectional division;

(c) the internal organisation of a political party shall conform to the democratic principles enshrined in this Constitution;

(d) members of the national organs of a political party shall be regularly elected from citizens of Uganda in conformity with the provisions of paragraphs (a) and (b) of this article and with due consideration for gender;

(e) political parties shall be required by law to account for the sources and use of their funds and assets;

(f) no person shall be compelled to join a particular party by virtue of belonging to an organisation or interest group.

72. Right to form political organisations.

(1) Subject to the provisions of this Constitution, the right to form political parties and any other political organisations is guaranteed.

(2) An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.

(3) Parliament shall by law regulate the financing and functioning of political organisations”

Why do I mention all, this, well, the FDC cannot convene or meet. They cannot even hold a meaningful meeting in nearly any parts of the Republic without any interference or legal blockade from the state. Today, was just another day of that in Tororo. This is getting old, as these laws I am reciting is the basics. It is the mere justification of this Republic. The Constitution of 1995 and its words of wisdom. It isn’t me as foreigner explaining common sense. This is the laws of the land.

If rule of law mattered to the National Resistance Movement, if the laws had any values, the FDC would have been allowed to meet, greet and strategies. However, that is merely impossible. As every step of the way, the Police is following, the ISO and Flying Squad is on tight leach. Awaiting orders to block, depose and destroy the venue. That is just what they do. All over the Republic.

The NRM wouldn’t do this, if this was a friendly and a party they didn’t see as a threat. Because the NRM and the Police Force, apparently fears the FDC. That is why they have no issues stopping the internal works of the FDC. They are really just disembarking from the Constitution and making their own justifications with the use of the Penal Code and the POMA. At all means, to silence and oppress dissidents.

The Constitution of 1995 with the articles 71 & 72 is fine on paper, the Political Parties Act 2005 article 10 is perfection too, but what has the power to superseded these ones is the POMA. It is evident, again and again.

That is why the FDC must have violated the 71 & 72, because if they haven’t, why is it so darn hard for them to do internal party politics without the coppers knocking on their door?

Peace.

Uganda Police Force: Press Release – Police Clarifies on Edited Video Clip (20.02.2019)

Opinion: Someone was arrested over nothing – Just for name-calling Bosco!

You a certain individual have been ruling the Republic too long. When the news of arrests being done in the aftermath of your to brazen convoy passes on narrow roads. Where the local youth are addressing the steady progress and the inefficiency of the government, by arresting them. This being the Presidential Convoy, being hazzelled by the youth, as the Presidential Guards felt they insulted the old man with the hat, the grandfather of rap and the State House. They insulted him, nicknaming him. What they already are calling him: BOSCO.

Here is the news. Check it out.

Reported by Sadat Mbogo: “Kasumba allegedly abused the President on January 1 as he ( Museveni) was travelling from St. John’s Cathedral, Kasaka where he had attended New Year’s church service. “When his [Museveni’s] convoy reached Kanoni Town, Special Forces Command soldiers reportedly ordered one of the drivers to move his vehicle from the road to allow the presidential motorcade pass. This is when a group of youth allegedly led by Kasumba started exchanging words with the soldiers and abused President Museveni, calling him all sorts of names including Bosco. They also blamed him of constructing narrow roads,” a police source who did not want to be named because he’s not authorized to speak to the media said on Thursday” (Sadat Mbogo – ‘19-year-old man arrested for annoying Museveni’, 04.01.2019, link: https://www.monitor.co.ug/News/National/19-year-old-man-arrested-annoying-Museveni/688334-4921200-c5nuqez/index.html).

My first thought, is what sort of violation did the man and what law did he break? How come he get a criminal record for calling the President Bosco? Something, plenty does after the MTN Commercial came on the screen during 2018. Mr. President has so many nicknames, that he should be grateful, the youth didn’t call him anything from the Leopards Anus, Mr. Sunday, M-7 or anything else you could put on the old man with the hat.

Grandpa President, better chill and his Presidential Guards needs some guidance too. Because, I wonder still, what law did the man break? Did he carry a Arua Stone? Did he spread hot-air and create fuzz by saying the truth about the road?

Are you not allowed to tell officials and guards about the situation, as the Presidential Convoy takes the space on the way and presses the locals away. As the roads where the Presidential Convoy passed through, weren’t build for all this traffic. In that moment, the youthful made a statement and told the truth. A truth that was too brutal, that the man becomes a felon for doing so. Instead of consoling the citizen and caring for the words put. They have arrested him.

Seems like they are using the Sub-section 167 of the Penal Code: “(d) publicly conducts himself or herself in a manner likely to cause a breach of the peace”. Which is really special, because speaking to the Presidential Guards as the Presidential Convoy are passing is called breaching the peace.

Would mean, that the soil that the President graces cannot be touched or anyone can cross that. Without fearing that they can be arrested. As the old-man with the hat has to travel on the roads, everyone has to give it a pass and not show their faces. They should be afraid to be close. Because if they are. They could all be arrested for all sorts of reasons.

Bosco cannot handle it and they will use all the means of the law to show their power. Since, there is no love lost between the community and the President. Since there is apparently, none. Peace.

The Police Force enforcing a colonial law when they are: “allowed to kill”

Some days you wonder, you wonder why the authorities is doing what they are doing. When the stakeholders were in shock yesterday. The truth is by law to quell to riots and demonstrations are they lawfully allowed to quell by brutal means, as these laws was installed while still being a protectorate and no one has seemed to wanted to amend or repeal this part of the Penal Code Act, which by all means gives the Uganda Police Force. Possibilities beyond usual measures of arrests without warrants or even imposing the Public Order Management Act of 2010. This is an inherited law that the National Resistance Movement and President Yoweri Kaguta Museveni has no issues with keeping alive.

Statement UPF Statement with stakeholders:

“We have engagement rules, where we are supposed to use excessive force,” Mugenyi said. “That is why we have these. That is why I am armed and you are not. The state is allowed to kill.” “We can kill you and even compensate you,” Mugenyi went on as the stakeholders looked on in shock” (Joshua Nahamya – ‘The State Is Allowed to Kill – AIGP Mugenyi’ 10.10.2018 link: https://chimpreports.com/the-state-is-allowed-to-kill-aigp-mugenyi/).

As you see yesterday, the AIGP is sadly right, they have the rights to do so. This is shows the possible legal ramifications and the costs can easily be pushed on the private person attending the rally and resisting the law-enforcement. I wish it wasn’t like this, but they are allowed to do so, when they are quelling riots and demonstrations, as these laws was made to stop protests against the King and Commonwealth. These laws was not made to ensure civic rules or democratic values in the Republic. That is why they sound like this!

Penal Code Act of 1950 Chapter VII subsection 69:

“If upon the expiration of a reasonable time after the proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make the proclamation, or any police officer or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled or for apprehending them or any of them, and if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person” (Penal Code of 1950).

Nevertheless, the brutality and the legality should still be in question, as this should be the last resort, not the first, not the second, but the final straw. When it is boiling over and no-control, before anarchy, however, the Uganda Police Force and Uganda People’s Defence Force are using these measures to easily and haven’t exhausted the different approaches even. As the person isn’t only supposed to be on the streets, but resist arrest to a certain degree, at which point the law-enforcement is not legally liable for the harm or death. That shows the brutality of the measure, which was enacted in 1950 and lingers until this day.

The NRM have surely not tried to discuss or even given a fig about the justification or reverse this law. AS that hasn’t been in their interests, as they wanted the same possibilities to silence the opposition and their demonstrations. That is clearly been the outcome. The NRM didn’t change this, because of their will-power to control and silence opposition. If they had democratic values, they would have amended this or repealed this sub-section of the Penal Code. However, they prefer being colonial masters to their citizens, than treating them as fellow citizens, but subjects underneath their demi-god Museveni. Peace.