“Pretoria, 24 June 2016 – President Jacob Zuma has suffered another legal blow. Zuma and the NPA have been denied leave to appeal the so-called spy tapes ruling. eNCA reporter Nickolaus Bauer has more from the North Gauteng High Court” (eNCA, 2016)
Tag: Supreme Court of Appeal
Mzee have finally wiped out the opposition as he promised after the announced victory!
“I will wipe out the opposition completely in the next 5 years. NRM is going to be stronger” – Yoweri Kaguta Museveni
Let be clear, right after announced victory from the Electoral Commission and Eng. Dr. Badru Kiggundu, President Museveni said that he would wipe out the opposition and he has done it with passion and certainly soon done it as his duty. In a way to make sure that the Multi-Party system in the Nation is a flop.
The opportunities and the silver coined framed opposition figures in the Forum for Democratic Change are joining forces in the Shadow Cabinet to gain some estimated figures from the coffers of Parliament and play the parliamentary pawns that Mzee needs this term.
While the Uganda People’s Congress are busy trading their soul with NRM, as they are getting two slots in the 81 size cabinet of 2016-2021. The rest of UPC under Olara Otunnu are distancing and in general might even create another branch, and party that becomes a new profile, since they don’t want to be part of the NRM and Obote’s son selling of inheritance to Mzee.
Uganda Federal Alliance have also sold their fortunes for a Cabinet position and is therefore silenced by the Mzee, as she the leader of the party want to serve him and also be a part of his established court.
The hardliners of FDC are either lingering in jail, detained, house-arrested or kidnapped by security forces as the rest of the party are playing hide-and-seek close to Yusuf Lule Road in Kampala. So the party of FDC is even into the half who wants to continue the defiance of Dr. Kizza Besigye, and the ones that are settling for the silver-coins with the lingering blood on it.
The Grand question is: where is the Conservative Party of Ken Lukayamuzi? They are not to be seen, JEEMA are they still out there? Justice Forum and their men who even have been besieged by the Police during the days of officiating Mzee; the smaller parties are totally silent or at a non-approach. Democratic Party and Norbert Mao have addressed concern and the initial connection with the shoot-out in Gulu, while that was not true and government made conspiracy, and with the newly dispatched Amama Mbabazi, the party should be stronger, though their lingering nothingness, proves that the ability that Mzee have had since leaving for his swearing in,
The Police Force monitoring and detaining, silencing and attacking the opposition, together with trading with weaker minded opposition have made the stalemate livable, as the mentor and ticking problem of Besigye, is going from court to court, and addressing charges after charges and even treason, as IGP Kayihura are paying criminals to be witnesses and uses all means, and even most brain-dead police officers to lie in court; like he did in Kasangati Court of late; when the justice had to listen to the testimony of the Police Officer who was a former colonel, but never been to the army. So the truth is that, as long as he doesn’t have a voice, the men are walking around unsure of how behave towards the oppressive and militarized government of National Resistance Movement.
All of the Opposition parties are toothless right now, the Human Rights Organizations of Kampala are raided and nothing happens. People and activist are kidnapped, soldiers are being shot and killed in made up conspiracies, while colonels and sergeants are detained as well. The paranoia of the state combined with the militarized politics and police force are taken freedoms and taken all parts of the state. The Opposition is on life support… Who is out there to save it, as the big man Dr. Kizza Besigye is away and nobody else have the legitimacy or the charisma to fight the powers with peaceful means while Mzee uses every tactic in the book to destroy and conquer them. Something he has been successful with ever since election and the reaping results are happening now, as he 10th Parliament are soon in function and the government are soon departing into brown envelopes, as business is back to normal after a hectic year. Peace.
Press Statement: Zuma Corruption Charges: NPA appeal a blatant delaying tactic to shield Zuma from his day in court (23.05.2016)
Today’s decision by the National Prosecuting Authority (NPA) to apply for leave to appeal the Zuma Corruption Case (aka Spy Tapes) to the Supreme Court of Appeal (SCA) is a blatant delaying tactic to shield Jacob Zuma from facing the 783 charges of corruption, fraud and racketeering levelled against him almost a decade ago.
The NPA waited until the 11th hour to announce its appeal – and in doing so effectively told the people of South Africa that more public money will fund the process to delay President Zuma from finally having his day in court.
The DA has long held that the decision taken by the then acting National Director of Public Prosecutions (NDPP), Mokotedi Mpshe, to discontinue the prosecution was irrational, unreasonable and made with an ulterior political motive.
This position was vindicated by the North Gauteng High Court’s full bench when it found that “the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr McCarthy. Mr Zuma should face the Charges as outlined in the indictment.”
This matter presented the incumbent NDPP, Adv Shaun Abrahams, with an opportunity to show his independence and proceed with this prosecution as planned, and give Jacob Zuma a court date.
Sadly, this opportunity was missed.
The reasons advanced by Adv. Abrahams – that he was acting in the best interests of prosecutorial independence – is a farce. Abrahams is preoccupied with protecting President Zuma at all costs – no matter what the implications are for the Constitution, the taxpayer or due process. That Adv. Abrahams failed to consult Billy Downer is inexplicable considering Downer knows the case best and is inextricably linked to the matter.
The matter is simple: President Zuma will eventually have his day in court, and justice will prevail, no matter how many tricks and delaying tactics are used by the state. The DA will not let this matter rest. President Zuma will face justice.
I Grieve over the MPs Officiating knowing the fraudelent Election
Usually, me a Political living being would be giddy and happy knowing that people who have worked hard and wanting to represent their constituency, finally gained their justice and the opportunity to work as legislators and men and woman working for the common good in the Parliament and in an chamber that, an august hall where the Members of Parliament would create and make policies for a better tomorrow.
So when they are swearing-in Members of Parliament in Uganda, I should be happy, but I am not. I am just, eh! Let’s say I am mediocre, or full of fatigue as the Electoral Malpractices, the sham-election and rigged election of 2016 still lingers on, I don’t believe the results of any of the Members of Parliament, even with the few MPs from the Opposition, but the way the practices and the total pictures is so flawed that even FDC men there; is just to show the Donor Countries that we have Multi-Party Democracy through the ballot, but I don’t believe that is the real picture. Even Norbert Mao couldn’t contest this election in Gulu Municipality.
There are little to celebrate as the elections are so hectic and fraudulent, nothing I see as the pictures of these representatives swearing-in on the Constitution or Bible. The words and the distinct participation, the regress of democratic values, while the Ruling Regime even tried with opening of new districts clear the citizens and the constituencies to secure the new hand-picked men of the Executive. The men and woman who even went uncontested for the position of becoming an MP; that is just questionable, as the NRM Primaries was just full of flaws, no matter how much Dr. Tanga Odoi thinks he is an election king and grand master of controlling elections.
Certainly the whole picture is a smear of sadness and grim anticipations of the 10th Parliament. Usually it would be looking forward with some hope of real progress and sustainability of wise leadership to develop infrastructure, education, health care and all level of bureaucracies of the state; instead it’s with sadness of the strong grip of power by the Executive and his hands into all coffers of the government. There are no strings his fingers is not touching, none orders from above that is not directed from him. His words are now laws while the MPs are paid to secure his views or silenced by the payment structure instead of representing the Constituencies and being Nobel leaders of the land.
The Parliament and their MPs are not a force to be recognized, they are puppets dancing to the tune of the Executive and his war-chest. A war-chest he is using to dissolve and disperse the crowds to silence the opposition with house-arrest, phony charges, spying on political activity and creating special police forces that are monitoring the opposition without any care of laws or freedom of movement. The Executive does what he can to centralize the Power in his hands, while letting the loyalist amongst him being happy on breadcrumbs; while the Executive eats the whole Bakery.
The liability and guilt-ridden authorities that does what it can to be there and keep the other at bay, at any cost and even starting to get rid of the men and woman inside the Police Force who might have allegiance to the Opposition, as they did not accept the way the Former Presidential Candidate Dr. Kizza Besigye we’re able to get out of his home on the 11th May and have a Mock Swearing-In 24 hours before the Executive himself Sworn himself for the 7th term in Office.
The way he was able to Kasangati home:
“Besigye exchanged all the cloths and the helmet with the motor cyclist (Commonly known as Boda Boda) man. Immediately without wasting time, Besigye jumped on the bike and that’s how he managed to escape”.
The initial violence against the Opposition, the detaining, the sieged headquarters of Forum for Democratic Change, the raids against the rehearsal studio of Bobi Wine and the raid of JEEMA Forums headquarters in recent days. So the level of political freedom is dwindling, the FDC house-arrested MPs was only freed so they could be there and be parts of Swearing-in, not being really free.
Therefore today’s action at the Parliament doesn’t really matters to me, because of the state of affairs, the electoral laws and the war-chest of President Museveni. The way the Security Forces are used to silence the Opposition and the citizens are unbearable, the tear-gas and the live bullet towards fellow peers, is not justice as the civil disobedience should alter the actions of the government, not make it detain the ones that opposes it. This is the reasons, why people oppose this government, this Executive and the current Police State.
If the people and the government where in sync then the government would not need to deploy the army for the Swearing-In, would not need to deploy the army around the Election Day and would not need to use French Speaking Soldiers recently, as the Government would have trusted the people and the people would also trust their representatives in Government. This is natural beneficiary stations between the elected people and the people who are elected. But since the representatives are selected by the Executive instead of by the citizens that they are supposed to be; therefore the Executive uses the Army and Police to silence the ones that feels the representatives is not representing them.
Certainly, some of the MPs are proud of the Elections and finally made it after many tries, but the sham elections, would hope that they came into Parliament like FDC’s Francis Mwijuke who finally cracked into the Parliament. I wish people like him came into the Parliament without the questionable elections as then the legitimacy of his Honorable position. I would have congratulated him more for the honor, but he and the ones who have fought for become MPs had deserved to come there through a credible and fair election.
I don’t care what Hon. Jacob Oulanyah hoop’s and lies to get to his position again, as he had controversies into the ballots and other issues with his local Talley Offices and results. Others were in the same way, not everybody who was elected without contest like Hon. Sam Kuteesa. The others have to pay of their constituencies and use the NRM Village Fund and the 250k could not save the votes or the Local Councils who needed the money to clear the local pledges. There certainly too many issues with this election and violence to be happy about the Members of Parliament swearing-in.
It is not enough that Eng. Dr. Badru M. Kiggundu can announce whatever he wants and follow the Master, the Executive who is in control of the Electoral Commission, as he has appointed them and keeps them in order. Therefore the results are cooked in away the Executive wants them, instead of honoring the citizens and their votes. Therefore you saw on the Presidential Election that people showed up, but on the Local Councilors and Lord Mayor elections where the we’re less people showing up to the Polling Stations; shunning the ballots, because of the lack of transparency and value of their vote on the Election Day for the Presidential Election. The Electoral Commission together with the Authorities with their arrogance thought the people or the citizens would not mind the harassment or the violence from the Police towards the Opposition, they we’re wrong.
As we speak Dr. Kizza Besigye is sent from Moroto Government Prison and airlifted to the Luzira Prison. His second time treason charge as President Museveni cannot own up to his thieving and has to stifle the opposition by all means. Therefore he will blame the international community and others then looking into his own created problems. Henceforth he will deplete all outcomes and crash all institution to consolidate more power. That is also why on the same day Members of Parliament where sworn in, the UPDF had official promotions, which happen to be his son Brig. Muhoozi into Major General of Special Force Command of the Army or the Flying Squad. So the Executives works to secure all wings of Government are under the family, we will see Janet as Minister and other close connected NRM elites in the 10th Parliament as the NRM are more unsecure about their security.
The Army and Police will be more draconian towards the Opposition as the people are not behind the NRM or their Executive. Peace.
My letter to President Museveni after the Supreme Court ruling today
31st March 2016, Oslo
Dear President Museveni.
As I writes to you again and the only election petition to the Supreme Court have been dismissed as all of our pundits and most of the general population expected. We expect you grant budgets for lavishly ferry Crime Preventers and the few die-hard NRMs to Kololo for your coming Swearing-In ceremony where you will promise to withhold the constitution and laws of land.
There are issues and there are hesitant, the blatant disregard of the county you have been ruling for 30 years, the distance from you Mr. President towards your own citizens are growing more and more distant. The more you are with the Army and the Police then with your citizens.
The men and woman on your payroll and who are still obedient to your will say today was a gracious and monumental ruling as the dismissal of the petition while dropping most of the affidavits and evidence in the Supreme Court. While the general public and the reason why there are little share and joys in the cafes, restaurants and pubs where they have followed the live-coverage of the Supreme Court; if the people we’re agreeing they would be cheering in the streets, and you know that very well Mr. President. You know much your people like a celebration!
Mr. President today seemed like the Chief Justice Bart Katureebe and his fellow judges we’re hired men, just like Chairman Kiggundu of the Electoral Commission; that this was already your decisions and mind; let me speak your lingo Mr. President; they spoke and acted on your VISION.
Today was in your Vision Mr. President in total disregard for the public perception and the public assessment of the events that transpired during the recent year and through the Pre-Election Period, Election Day and Post-Election to the Announcement of the Presidential Election result. The Vision was yours and nobody else!
You can appoint every man to every position that exists in country as the Executive or even impeach the ones you dislike or get them fired. Detain and preventative arrest as orders from you. This is things you Mr. President have known for a long time; therefore you cling to power Mr. President. For these reasons alone you don’t want to give up that power and the Executive position.
The Supreme Court and the Chief Justice might read the verdict that gave you the power and validated the Election and the ballots that was announced. But the people and the pundits know the story and you can’t control it, even if you through every single opposition member and officials in jail without charges. Even if your going against every single media-house and censorship of the Social Media.
We know your military ways Mr. President as your been in the Western Uganda after the sparking violence that your Police set-off after Local Councilor III Elections went sour. That the government security forces went ballistic on the local population. We have seen your proud mind as your talks to locals and walk around in army fatigue and speak of going to punish the men and woman behind the violence.
As you are in army fatigue and wearing the colors of the army, the Supreme Court validate your respondent to Amama Mbabazi petition. This is the result or you’re Vision and your ambition to continue to be the Executive of the country. The end-game is that distance between your power and structure, the vacuum of power between you the people is becoming at a distance. As the Opposition lingers in a limbo, a limbo created by your vision and the extensive use of Security Organization to distort them and detain them at will. Your Police Force and Army are creating criminals and making political activity illegal as long as it is not done in your blessing or your vision.
Your vision was behind this Supreme Court dismissal and the ways the General Elections of 2016 have gone. The Vision of your leadership the ways of your Power and the Structures you have created or rebuild over the 30 years in Power. The Power and the Executive should be stellar and perfect, the houses of Bundibugyo and Kasese should be golden and the industrial country you have promised since 1986 should have arrived already, but it hasn’t that is because we who see you; see that your vision is jaded and built around your persona and not the civic duty or the Executive to serve the public; it is the Public’s duty to service you; and nobody else then YOU, and that what you envisioned in the bush battles and the meteorically rise from days in the University in Dar-es-Salam in the 1970s.
Therefore your vision has come to full fruition today in the Court Ruling at the Supreme Court this day 31st March of 2016, as the guns, ammunition, detaining of fellow citizens and the grand control of every government institution of Uganda. That is what you know have, but the people’s consent, the people’s will or the people’s justified and legitimate rule is the one thing you don’t have.
Mr. President you might have hired the Supreme Court Judges, the Electoral Commission, but you do not hire the minds of the people who feels sorrow yet again and should mourn in the decision of dismissal of the 1st Election Petition of 2016 from Hon. Amama Mbabazi. That will always be another stain to your accord of grievances against the population and their will.
Your leadership is hired and taken for granted by yes-men and Nobel-Idiots who serve you blindly. Just as the hired armies of Roman Empire fall, one of the greatest nations and biggest nations fall when they didn’t pay enough to the barbaric princes and soldiers. Then their revolt burnt Rome. Your wisdom and your vision might serve you well as it has done, but just as the Roman Empire, your fall might come brutally and without excuse as your vision does not control the minds and hopes of all of your citizens. The Police State and Army aggression is not a sustainable governmental affair that you can suppress and execute without losing something dear. Something dear Mr. President that you lost long time ago, the legitimacy and the legacy of liberator, your now the main character of the oppression of the people and the citizens, through the Police Force and the Army.
Your vision is jaded and lost it. The Supreme Court and the validation of the election might occurred today; the reality is that the citizens and population is the ones validation you really need; the Supreme Court Justice might have given you a paper that validates your Executive Power, but it does not give you Carte Blanche to act as you please; or lets the people give your Modus Operandi of justice a free-for-all without questions the Authority you withhold without the clear consent of the publics will.
Mr. President is supposed to be with grace and honor, but the way you have handled it; it’s with disgrace. Not of me, but of your fellow citizens and their intelligence as your dishonestly takes their votes, their fate in the electoral process and their fate in the government as a representative authority and makes it your own personal playground. The Government is now in-graved in your name and your vision without any consideration of anybody else. The Statues and procedures and the coming Parliament is sham democratic place from a weaponized coup d’état where the opposition have been besieged and detained while the announcement was the final straw of pre-election period filled with malpractices of the whole process. Straight from the consultations meetings and state-lodge trips where you Mr. President gave ways to your coming next tenure and no disregard for your fellow citizens. This the legacy you leave behind, even the late Obote would be proud how you photo-copied and made it your own; in your VISON.
You’re said you are the only man in the country with a vision, and the vision is now that you are the one that decide everything. As you fixed and mended this Supreme Court ruling and dismissal of the petition. Hope you’re eating healthy and living well within your vision, but your blind by that vision, as that vision is not in everybody’s head. So please think about that Mr. President and is not what you have envisioned. Peace.
The Writer of the this Blog.
Nkandla: DA to proceed with arguments before the ConCourt (03.02.2016)
These are the remarks delivered at a press conference held in Parliament. The Leader was joined by the Chairperson of the DA’s Federal Executive, James Selfe MP, and DA shadow Minister of Justice, Adv Glynnis Breytenbach MP.
The DA, after taking legal advice, has decided to proceed with presenting our Heads of Argument before the Constitutional Court scheduled for Tuesday, 09 February 2016. In so doing we will be seeking the relief outlined in our Notice Of Motion.
The DA notes the settlement offer made by President Zuma but contends that the contents of his settlement offer do not comply with the remedial actions as ordered by the Public Protector in her report entitled Secure in Comfort. In fact, we contend that the President designating the Auditor-General (A-G) to come to a determination as to how much he is liable is the latest attempt to establish a parallel process, for a fifth time.
Specifically, the DA will argue that President Zuma’s failure to engage rationally with the Public Protector’s findings and remedial action pertaining to him was manifestly irrational, illegal and unconstitutional. We furthermore contend that the President’s decision to substitute the remedial action ordered by the Public Protector with a determination by the Police Minister, SIU or Parliament on whether he was liable for any of the costs was illegal and unconstitutional.
Legal precedent at present, as established by the Supreme Court of Appeal (SCA), is very clear that “an individual or body affected by any finding, decision or remedial action taken by the Public Protector is not entitled to embark on a parallel investigation process to the of the Public Protector, and adopt the position that the outcome of that parallel process trumps the findings taken by the Public Protector.”
Furthermore, should an affected body or individual seek to challenge the findings and remedial actions of the Public Protector they should do so by way of a review application in a court of law. The President to date has not done so; he has instead frustrated the work of the Public Protector by way of erecting parallel processes, which have no legal basis.
Legal certainty about the powers of the Public Protector, and the force and effect of remedial action taken by the Public Protector, are vital to the successful functioning of our constitutional democracy. That is why the Democratic Alliance (DA) took the SABC and the Minister of Communications to court when they disregarded the remedial action ordered by the Public Protector to suspend Mr Hlaudi Motsoeneng, and to institute disciplinary proceedings against him.
It is clear that the President Zuma has deployed a contingent of Ministers and ANC Members of Parliament to defend the indefensible act of constructing a palace at the expense of the people of the Republic. Those doing the President’s bidding have even gone as far as ignoring Court judgements in order drive a political agenda, despite swearing in their oath of office to uphold the Rule of Law and the Constitution of the Republic. Now before the highest Court in the land, we are confident that the Constitutional Court will bring the Nkandla matter to its logical conclusion by determining that President Zuma do what the Secure in Comfort report by the Public Protector ordered; which is that he pay back a reasonable percentage of the costs of the non-security upgrades to his private residence.
For too long President Zuma and the ANC have abdicated their responsibility to uphold the Rule of the Law and the Constitution, but have done everything to undermine to the work of the Public Protector and the Constitution.
The Constitutional Court will, on Tuesday, consider this matter in order to provide legal certainty about the Public Protector’s powers. The law has been developed in some degree in the Schippers judgment, confirmed by the SCA and that the Constitutional Court will rule definitively on the matter.