Uganda: Re: Investigations into the Conduct of Mr. Ronald Kibuule State Minister for Water (13.09.2016)

chapter4-13-09-2016-p1chapter4-13-09-2016-p2chapter4-13-09-2016-p3chapter4-13-09-2016-p4

Stanbic Bank Official Response – Mukono Branch Incident CCTV Footage (01.09.2016)

Stanbic 01.09.2016

Statement: What you need to know about Ms. Hellen Obuk’s Case (01.09.2016)

Chapter4 01.09.2016 P1Chapter4 01.09.2016 P2Chapter4 01.09.2016 P3

Stanbic Bank Official response – Mukono Branch Incident (29.08.2016)

Stanbic Offical Responce 29.08.2016

Press Statement on Violence metted against a female security officer by Hon. Ronald Kibuule at Stanbic Bank Mukono (29.08.2016)

Stanbic App

Ugandans are shocked by the alleged violent acts of the Hon, Ronald Kibuule, The State Minister for Water Resources and MP Mukono North against a female security officer while on duty at Stanbic Bank, Mukono. The Minister’s alleged conduct and act contravenes the Domestic Violence Act, 2010 and the penal code Act which criminalizes assault.

The Women of Uganda are disappointed that a state actor, a duty bearer, a public figure in society, conducted himself in a manner that disregards women and girls’ dignity and their human rights and this not being his first time.

Hon, Kibuule has previously made statements that condone violence against women and girls. In 2013, the Hon. Minister, was forced to retract his statement that promoted rape culture against women and girls. Hon. Kibuule was reported by the Daily Monitor of 24th September, 2013 to encourage men to rape women who are ‘indecently dressed’ and recommended that the suspects should be released. He also said that in cases of rape, police should first ascertain the dress code of the victim. If they were dressed indecently, the victims should be charged with inviting the crime.

This unacceptable conduct of the Minister is an insult to Ugandans and the office that he holds. His actions are detrimental to the promotion and protection of human rights in Uganda and most especially to the safety and dignity of women.

Violence against women and girls remains a big challenge impeding development. According to the Uganda Demographic Health Survey of 2011, 56% of women in Uganda have experienced physical violence at some point since the age of 15 years. Cabinet approved the GBV policy and National Action Plan on 17th of August 2016, to reaffirm its commitment against any form of violence. Violence MUST not be accepted in any form or manner. Violence MUST not be tolerated. Any person who violates another must be prosecuted and face the arm of the courts of Law.

We reject leaders who exhibit a negative mindset towards women and girls to remain in public office, they will continue to use their power and authority to abuse and disregard women and girls human rights and dignity.

We are equally disappointed with Stanbic bank quick one sided apology to the Minister without clear investigation. We also hope that Stanbic bank does not condone these types of acts against women or any person.

We would also like to remind Stanbic bank that there are customers including women to Stanbic. We therefore call upon Stanbic Bank and its management for fair treatment.

We as citizens of this country are bound by the laws of Uganda. As citizens we are not above the law and under no circumstances should we engage in or justify GBV.
Therefore we in the women’s movement;

• Call upon all Ugandans to stand up today in unity to condemn Hon. Minister Ronald Kibuule’s actions and ask him to resign.
• Call upon the Police to expeditiously investigate the case and prosecute the suspects to serve as a lesson for would be offenders engaged in similar criminal acts irrespective economic stature or social standing.
• We call on Stanbic bank to release the CCTV footage
• Call upon the Presdient to drop the Hon. Minister from Cabinet if found guilty.
• Demand for justice for the victim, Hellen Obuk and ask Stanbic to apologise to Hellen and the women of Uganda
• Thank the media for exposing perpetrators of GBV in the fight against the vice.

FOR GOD AND MY COUNTRY
UNITED WOMEN CAN!

Issued by UWONET – Uganda Woman’s Network. 

Letter: “Re: Branch Security Screening – Stanbic Bank Mukono Branch” to Hon. Robert Kibuule (26.08.2016)

Stanbic 26.08.2016

Watchdog 27.08.2016
Link: http://watchdog.co.ug/senior-policeman-minister-kibuule-a-weakling/

This was also reported:

Link: http://newz.ug/state-minister-for-water-ronald-kibuule-beats-up-bank-teller/
Link: http://newz.ug/state-minister-for-water-ronald-kibuule-beats-up-bank-teller/

The Amendment of the Income Tax Act in Uganda; is the first out of many freedoms that the Members of Parliament have given themselves

Uganda Parliament Museveni

It’s been hectic around the Amendment for the Income Tax that has opened the possibility for Members of Parliament and the ones on Diplomatic Missions to not be paying the Income Tax in Uganda. There been an outrage on Social Media, therefore I started to look into it. First will I add the specific amendment that was voted in Parliament now in April 2016, that’s give’s the Members of Parliament no Income Tax, because older laws already gives them Immunity. Certainly this is gift basket to the coming 10th Parliament, as the 9th Parliament gives a tax-break to themselves, as they already have certain obligations and other services provided by law; and that is not so strange they are the makers of laws, so they have made laws that fits them and gives them advantages.

Uganda Shillings

Orignal Law before the Amendment:

93. Cases where returns of income not required

Unless requested by the Commissioner by notice in writing, no return of income shall be

furnished under this Act for a year of income-

(a) by a nonresident person where subsection (4) of section 4 or paragraph (c) of

section 87 or both apply to all the income derived from sources in Uganda by

the person during the year of income; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(b) by a resident individual-

(i) to whom section 4 (4) applies; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(ii) whose total chargeable income for the year of income is subject to the

zero rate of tax under Part I of the Third Schedule to this Act!” (The Income Tax Act, 1st July, 1997)

Ugandan shillings

Here is the what the Amendment of 2016 does to this section:

“Unless requested by the Commissioner by notice in writing, no return of income shall be

furnished under this Act for a year of income-

(a) by a nonresident person where subsection (4) of section 4 or paragraph (c) of

section 87 or both apply to all the income derived from sources in Uganda by

the person during the year of income; or (effective 1st July, 2001- Income Tax

(Amendment) Act, 2002)

(b) by a resident individual-

(i) to whom section 4(4) applies, except persons employed by diplomatic missions and prescribed organisations on which diplomatic immunities and privileges are conferred;”. (effective 1st July 2016 – Income Tax (Amendment) Act 2016)

(ii) whose total chargeable income for the year of income is subject to the

zero rate of tax under Part I of the Third Schedule to this Act!”

So with the important Amendment to the Tax law tha set the standard for the Diplomatic Immunities and Privileges. They are no except from the Income Tax. That means that the Income or Pay that they are getting so not taxed or their salary is now Tax-Free.

Uganda-parliament-2

And as this complies with Scetion 4 (4) here is what that says:

“4. Income tax imposed:

(4) Where the gross income of a taxpayer for a year of income consists exclusively of

employment income derived from a single employer from which tax has been withheld as

required under section 116, the income tax payable by the taxpayer for the year of income

is the amount equal to the sum of the amounts required to be withheld from such income

under section 116” (The Income Tax Act, 1st July, 1997).

So just to take the last piece of law to put this all together and give meaning while it have created a fuzz and been question what this part of law means that people with Diplomatic Immunity get exception from Income Tax. Even if the Third Part of Law says that people who lives most of the days in Uganda have to pay Income in Uganda, but with this new text to the law, that certain people are exempt and doesn’t have to cough-up the money.

This is what the Parliament (Power and Privileges) Act of 1955 of 24th February 1955 say this in the act:

“2. Immunity from legal proceedings.

No civil or criminal proceedings may be instituted against any member for words spoken before, or written in a report to, Parliament or to a committee, or by reason of any matter or thing brought by the member in Parliament or a committee by petition, bill, motion or otherwise” ( Parliament (Powers and Privileges) Act 1955).

Internal Memo Uganda Parliament 2013

And lets not forget this act to called Parliament (Remuneration of Members) Act 1981, that is still active and give certain benefits the Members of Parliament. It came into effect on 1st July 1981 and is still active and this is what it says:

“4. Regulations:

“amenities” includes housing, transport, medical attention, domestic servants, security guards and secretarial services;

“Minister” means the Minister responsible for public service and Cabinet affairs”, (Parliament (Remuneration of Members) Act 1981).

So they have no cut the Income Tax because the Parliament Law of 1955 gives the Immunity and therefore are they under the provision of the exemption. That is not surprising, but that is a fact. So it is clear that the end of 9th Parliament will be self-serving an in their own interest and not for any common-good for the people.  And the ability of still having colonial laws that are active and not terminated is a little profound for me. As the NRM Regime have tried to rewrite everything, but seems that certain relics of the past is a good thing, if it gives them more power or ability to harass the opposition or control fellow peers. The Immunity of Members of Parliament together with Amenities and now the exception of Income Tax proves the levels of positive acts that are made for MPs to be able to paid salaries and amenties without paying Income Tax. That is astonishing and questionable. That the Minister of Parliament can get funding for housing, transport, medical attention, servants, securities and sectorial services without paying Income Tax on the Salary that are getting. With the benefit of Immunity!

So some laws from the Colonial Past and one law made by Obote II gives an edge together with the new amendment of a law made two years after the “Museveni Constitution” of 1995. Certainly there some ironies that the Members of Parliament are getting funded amenities under the NRM Regime because of President Obote and his UNLA and UPC fixed it 5 years before NRA overthrow them. But that is just me.

The levels of self-serving is just continuing the traditions in the Ugandan Parliament. This is all the way from 1955 to 2016. It might be 50 years apart, still the same mentality is there and the men of power wish to extent their power, if it is immunity, impunity or exception from taxes. The same powers and same common greed is there. As showed in the laws that inflicts the Cabinet and the Members of Parliament. Peace.  

My letter to the Minister of Interior Affairs of Kenya Hon. Joseph Nkaissery on revoking firearm license of Govenor Joho

Nkaissey 2016

Dear Sir Honorable Joseph Nkaissery!

You honorable Interior Cabinet Secretary Nkaissery, I am writing you again. It is hard since you’re a man of your English. We both know the English language and respect it. But I am not writing a letter in the sense of the spoken word, but this is I will write to you about is more about what has happen in recent days.

As we all know there been smaller by-elections happening in Kenya, the country where you happen to be a big-man, with only two leaders above you, Honourable William Ruto and His Excellency President Uhuru Kenyatta.

It is in this context that you are ruling together with them and have powers through the parliament that is given by the appointment from His Excellency who has faith in your judgement, if not he would not have given you this chair and represent the government as you do.

Hon. Nkaissery, I want to write this to you in plain English, do you have an issue with Coalition of Democratic and Reform (CORD) and the Orange Democratic Movement (ODM)?  Or am I wrong? I hope I am wrong as you can make decisions that can either hurt or secure these men, just as the same decisions can do the same to your party-men in the Jubilee Alliance Party (JAP).

Why I am writing this letter to you in plain English is because the sense of double standard is evident during the last few days, when Governor of Mombasa Hon. Hassan Ali Joho (CORD) lost certain members of his security outfit, while also getting orders of delivering his gun to the authorities, while other leaders keep their VIP security guards while the opposition loses them.

There is a reason why wonder about that, because you wrote this on the 12th March 2016: “In the case of Governor Joho, he should understand the rule of law must be respected and when he is asked to surrender his firearms, it is his duty bound upon him to do so. It is important that the Honourable Governor of Mombasa to note that the office he holds comes with the honor and dignity and the anger and demeanor that he portrays in public while feels provoked in whatever circumstances takes away that dignity”.

I don’t know if you have read what the Governor wrote to you and the authorities after you address him publicly.

He wrote a letter to answer your appeal on the 14th March 2016:

“As you are well aware of Mr. Samuel C. Kimaru, the Chief Licensing Officer on the 10th March, 2016, purported to revoke the Firearm Certificate Number 4773 by the above referred client Mr. Hon. Gov. Hassan Ali Joho” (…)”That Mr. Kimaru, did not satisfy himself that a reasonable and legal-basis for revoking the firearm exists in law and in fact” (…)”That Mr. Kimaru acted ultra vires and acted in gross breach of constitution” (Ahmednasir, Abdikadir & Company, AAC/GEN/2016, 14.03.2016).

Hassan Ali Joho 15.03.2016

Hon. Nkaissery that you today in the day ordered and gave the Governor two hours to deliver the arms, while you have already punished the opposition by taking their security guards, prove the bias is going to close courts of the president. That is how I understand you’re English. Justice Odunga on the case: “Only the firearm licensing board has powers to revoke a firearm certificate on lawful grounds. Kimaru acted ultravires (beyond his legal power or authority).” Justice Odunga once said on Security Act, “The court will not nurture the tumour of impunity and lawlessness. This tumour of impunity is like an octopus…”

So you are a man of Codes Cabinet Secretary of Interior Nkaissery, you should for once ask for forgiveness for your rash reactions, as you never acted in good faith towards the journalist covering the corruption in your ministry. This time it is a fellow brother who serves his district and constituency, maybe not for your party or up in high halls with the perfect etiquette and English as you commands, as your people in the cabinet speaks, but even filthy tasteless language and not moral codes can be a little dually. You claim that Governor Joho speaks in inferior language and therefore are not allowed to carry arms.

You Hon. Nkaissery also wanted the guns of MP Ferdinand Waititu. Your actions seem to be happening after a by-election that didn’t go the way of the JAP. Seems to be political motivated. By my reckoning hon. Nkaissery you have a bigger fish to fry then the guns and arms that the opposition leaders are keeping while serving as government officials.

Hassan Ali Joho 15.03.2016 P2

Mr. Nkaissery in plain English: “Cabinet Secretary Major-General (Rtd) Joseph Nkaissery’s Interior and Coordination of National Government Ministry is perceived to be the most corrupt, a survey by the Ethics and Anti-Corruption Commission (EACC) shows” (Daily Nation, 15.03.2016).

So when you’re hard work right after by-elections it seems a little devious. While your ministry because of the perceived levels of corruptions, questions your authority, your leaders, your civil servants, government officials and the system that you’re in plain English controls with your authority.

So when you have that in your hands together with the predicament of losing to courts of taking away the guns from Governor Joho of Mombasa, while MP Waititu discredits your orders in the public. As they both knows the laws and now your powers, even if you can use the same as Office of Inspector General as you; you used the same had against the opposition. That still does not make your argument and orders correct, even if you serve as the government and you are part the top third men of power in Kenya, just under Hon. Ruto and H.E. Kenyatta; so you have a massive amount of responsibility and therefore should show respect for your position and title.

I would respect you even more if you talked in a manner of respect to your fellow citizens and not lecturing them on simple manners, while taking the laws into your own hands and act reckless against those who write about you or oppose you. As you now do what you can to take away security and security of governors, while Governor Kidero of Nairobi who happens to be your part of your party have 12, while Governor Joho has lost part of his security outfit. That prove a double standard, not only with the arms and guns, but the whole shindig has left a sour taste in the mouth of many. As you are serving the interior ministry, internal issues and internal security honourable Nkaissery, that means that you serve both the oppositions security and JAP security, so they all should be made sure to be safe and not only the men who are parts of your loyal subjects and yes-men in your hollow chambers. That is the picture that comes as you together with the Inspectorate General are even bending laws, so fellow country-men pre-judged by your judgement has to go courtside to reside and get justice. Because they not part of your powerful trio or the men who you trust automatically, and you should worry a bit hon. Nkaissery, as your ministry is not trusted when it comes to corruption.

Nation 15.03.2016

Corruption Mr. Nkaissery is not only money between a police officer and his advisory that want to pass a check-point. The corruption is not only the once that scribes letter like this or writes in Daily Nation in 2015. The Corruption is the acts and ability to use the power of the ministry to personal gain, as you have used to threaten a fellow Governor Joho and MP Waititu, why haven’t you done the same to Gov. Kidero? Is Kidero okay because he has issues with the Tribunal so he does not more on his plate?

Honourable Nkaissery why I write to you is because of the perception people has of you and your ministry, the actions you put forward to people and the way you uses laws and language to gauge people around. You could be more powerful if you actually worked together with people and listened to people, as they believe your ministry is the most corrupt one, and when you get Justice Odunga saying your argument wrong and unlawful. The sad thing is that you are the one running the Police and the Courts, the man who set the standard for law-enforcement and apparently you prematurely went after fellow brothers in your country, who are citizens just like you, even if they can’t call that easily Hon. Ruto or H.E. Kenyatta.

So please Hon. Nkaissery, could you calm down and not just address opposition and threaten them next time? Could you honourable Nkaissery maybe get more advice and think strategy as you’re a man of language and law, you should set the precedence of not taking laws to seriously as you did before 2016 with the journalists following parliamentary actions, now you have gone after government elected leaders in the opposition like the Government of Mombasa and the Member of Parliament representing Kabete. An I wonder why you haven’t asked for the weapons of other who holds those roles and representatives, why you have chopped most security guards from men of opposition and not government or ruling-party. That you also tell how people are supposed to speak while you have gone out many times in a demeaning tone and fashion. As I don’t understand English as you, you have to forgive me. But let the people know all the ways people can speak in justified ways and how they can follow your laws, without going to court prematurely as the Governor Joho did today, because Mr. Mwangi of Nairobi might not have the connections you have Hon. Nkaissery or the once Gov. Joho had in court today. Maybe you could write a statement clarifies the different attitude and the rights as you have and your party-men towards the rest of us. Peace.