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Archive for the tag “The Judiciary”

Bosco’s fight against Corruption gets old real quick!

The educated ones leave, the ones with the potential to right the wrongs. They leave the weak behind. The tyrants continue to reign because the weak cannot resist. Do you not see that it is a cycle? Who will break that cycle?”Chimamanda Ngozi Adichie

There is something about a man who has run the Republic since 1986. The Republic which is now made in image and with his institutions, with his appointed men and woman. Where his cronies, businesses, lobbyist and friendly voices are living close connected. It is in a Republic with various of bodies working on Corruption and ensuring a legal remedy against it. However, none of them is able, none of them has capacity to follow the Ministries, the Cabinet, the Members of Parliament, the Government Organizations or the Bank of Uganda for that matter. They are all falling short, as the corruption scandals are in all corners of the state and still, the President says he has new remedies to ancient problem of eating on people’s dime without a recite.

President Yoweri Kaguta Museveni has had the opportunity since 1986 to fix this. That is if he really cared about it . Mzee would have done with already, but he doesn’t. Because, he knows the eating of his cronies and himself is rampant. That is why he even sanctioned, the Presidential Handshake and other deals behind the scenes at the State House. That is the way to do business, that is why the Attorney General, Inspector General of Governor, PPDA or the Police Force for that matter. Cannot touch the corrupt souls, because they can walk. Abraham Byandala walking free after ripping away money from UNRA like M&Ms wutg the Mukono-Katosi Road Scam. While the Courts couldn’t find significant evidence and had let him go. Therefore, believing that the President cares about fighting corruption isfar fetch. If he cares he has to capture himself first and we know that is a fish he doesn’t want to fry.

On Monday December 10th, I will announce new measures and the direction we shall take in our renewed fight against corruption. That said, there is corruption in Uganda. It stems from the colonial times. However, when we undertook the liberation struggle of this country, there were more pressing problems than corruption” (…) “However, corruption will now be defeated. The corrupt civil servants have exposed themselves. The population is angry with them. Also, we now have more educated young people. The pool from which to pick their replacements has grown. The problem now is the law manipulated by corrupt civil servants. We now need quicker methods of accountability to deal with the corrupt. I have the political will but I do not want to deal with them outside the law. There must also be a reflection on the morals of our young people. When setting up the Uganda Revenue Authority, we carefully identified young people to work there. But now, URA has kawunkumi (weevils). We need to deal with it” (Yoweri Kaguta Museveni, 04.12.2018).

To believe the President now is naive, as the deals and arrangement that matters are done behind closed doors. The same is done with the Oil Refinery, Petroleum Pipeline, the licensing for oil exploitation and so on. These are major deals and been postponed. It is already a tax case concerning the oil industry that unleashed the Presidential Handshake. There are already other major donor scandals, not only the recent UNHCR and OPM, who has messed up the allocated aid money, there been the GAVI-FUNDS and CHOGM Funds. There are so many corruption scandals, that the National Resistance Movement, has always found a short-cut to eat of the public plate.

Not only when building road, building buildings, but everywhere. Ghosts of all kinds, expenditure that cannot be found or plans that are only made in the thin air, but would never ever exist. That is the manner of how the NRM and the President are eating on people’s dime. They are not accountable, neither really transparent. That is why there are leaks and documents surfacing proving the ills of society and the misuse of money. Which again and again show the Top Officials and ordered from High Above, who steer the money in their way. They are securing their cut and then the businesses can set-up shop or get the land for a factory, hunting ground or some sort of project. While the people are becoming landless and Internally displaced People in some NGOs Camp. That is how the government have fixed the matters and it happens, again and again.

That is why I have little or no faith in the President and his battle against corruption. If he was serious, he would hurt himself, even go after the likes of Amama Mbabazi, Jim Muhwezi, Salim Selah or Sam Kuteesa, but they are untouchables. Just like the Master himself. Peace.

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Another Institution to fight Corruption: Rev. Lokodo didn’t plan the cost for it though!

Just like so many other things with the National Resistance Movement (NRM), they have giant plans and even laws to abide. As the Leadership Code Act Amendment of 2016, which stated that a Tribunal would be created and elected by the President and Public Service Commission. That Tribunal was supposed to follow up on the possible breaches of the Leadership code, have inquiries and collect reports of these within the government.

However, that has not happened, because the NRM, haven’t had the same wish for that or even tried to allocate funds for this They have anticipated that someone else is paying their tab. The Minister for Ethics and Integrity Simon Lokodo wanted, as he was the sponsor of the amended code. However, he never considered the costs of making a Tribunal, meaning someone has to pay for the manpower and the elected people for this. That is bad leadership in itself. As the Ministry should have had the funds before the Parliament enacted the changes of the law. The Parliament should also know about these provisions and the possible outcome of amending the Leadership Code. However, they didn’t!

Government plans to spend a total of Shs117.7 billion to implement the new zero tolerance to corruption policy approved by Cabinet on Monday” (…) “Fr Lokodo said the European Union has so far given government Shs 3.1b to establish the Leadership Code tribunal. He said the tribunal should have been established shortly after the amendment of the Leadership Code Act last year, but did not take off because of lack of funds” (Draku & Wandera, 2018).

So, this isn’t only a story about the Government of Uganda has yet another body to fight corruption and doing it through the Ministry of Ethics and Integrity. As the Tribunal under Lokodo Ministry, will be a part of a collective of government institutions doing similar actions. This being Uganda Police Force, Public Procurement And Disposal of Public Assets Authority (PPDA), Office of Attorney General (OAG) and Inspectorate of Government (IGG). All of these should be more than enough, as even the Judiciary and the Uganda People’s Defence Force (UPDF) are an investigatory body. Certainly, knowing the NRM, they could be involved in the manners of these. Especially, if the person was a big-man in their view.

Therefore, this is yet another expert facility and another institution to fight the same thing. As the mushrooming of the state continues. This is bound by law and until the law is repealed, the Tribunal is bound to appear. Because, it is in law and was enacted.

What I wonder, what will the Tribunal do, that the Police, PPDA, OAG, IGG, The Judiciary and UPDF isn’t doing already and what results will differ from what they are doing today?

I don’t think any of these possible institutions will really fight the corruption. As the finalization and the orders of confirmation comes from upon high. The President and State House is deciding what is happening in the end. The biggest deals are happening their without public insights in the State House. Therefore, if the NRM wanted it to be real.

They have to change the pattern of the President and his State House. The cronies and the elites around the President has to keep things transparent and open. However, they are not doing so. Therefore, any of these institutions will not make a significant difference. Peace.

Reference:

Fraklin Draku & Derrick Wandera – ‘Government to spend Shs117b on fighting corruption’ 01.11.2018 link: http://www.monitor.co.ug/News/National/Government-spend-Shs117b-fighting-corruption/688334-4831334-jswwdm/index.html

Uganda: Clarification from the Office of the DPP on the Kanyamunya Case (01.11.2018)

Uganda: Judiciary reaction to Land Inquiry Commission Press Release (29.10.2018)

Uganda: Courts to close Friday as Judiciary holds Benedicto Kiwanuka Day (19.09.2018)

The Presidential Handshake lives on!

You would think certain scandals and certain ways of thieving the public funds would be died down. The stories would end and the beneficiary of these scandals want it to go away, as it taints their legacy and remaining words about their time as Public Officials, as Clerics and Civil Servants within the State. However, in the matter of the Presidential Handshake, this whole thing just getting more legs and doesn’t die. It is like the President is proud of his bribing ways and proving a point today.

As the NBS TV reports:

“The High Court in Kampala has issued an interim order stopping the Inspector General of Government (IGG) from investigating and forcing beneficiaries of the 6 billion shillings presidential handshake to refund the money” (…) “The public officials had received the money as a token for their role in the 400-million-dollar Heritage Oil arbitration case which Uganda won” (NBS Television, 13.07.2018).

It is like the whole charade was mocked by the legendary report calling it an ‘error’ but not a crime. To give away public funds to civil servants and public officials, as a handshake after winning a court case. It is like the state doesn’t care about their lack of transparency, as long as the cronies are funded.

My favourite quotes from the report published in May 2017 says:

“This “handshake” expenditure was not budgeted URA activity and therefore, a diversion of the UGX 6 Billion without lawful authority was contrary to the PFMA” (…) “H.E. The President’s approval of this “handshake” was bonafide. However, it was an error of judgement” (…) “That all funds paid out of URA account to the beneficiaries of the “handshake” should be refunded” (…) “The Executive should come up with a Bill within 90 days to regulate and streamline the Presidential Donations Budget” (COSASE, P: 45, 2017).

After my calculation were all well beyong 90 days and nothing fruitful has happen, except now the High Court are saying the non-budgeted and the error of judgement by the President is “okay”. They don’t even have to refund, while there is no bill to regulate or streamline any Presidential Donations Budget, because who would dare to cross the authority of the State House and President at this point of time. No one with a clear mind, who will not end up in prison or lose his or her livelihood.

This is a proof of how little power the Parliament have in the current state, as they cannot even look into or question the Presidential Handshake. They cannot even check into the sudden gifts and donations made by the President. Which is a substantial part of the State House yearly budget.

This isn’t funny, this is a mockery of all the ones paying added taxes and paying for state services, as they are being hold in contempt, where a certain amount of big-men and cronies within the state can eat directly of it, without any consequence. Who knows what else the President misuse funds on, right now? Peace.

Reference:

The Committee on Commissions, Statutory Authorities and the State Enterprises (Cosase) – ‘Report of the Committee on Commissions, Statutory Authorities and the State Enterprises (COSASE) on the Investigations into the Circumstances under which the reward of UGX 6 BN was given to 42 Public Officers who participated in the Heritage Oil and Gas Arbitration Case’ (May, 2017)

Uganda: The Judiciary – Courts will follow the law on matters of bail – Chief Justice (15.06.2018)

The Uganda Budget Framework Paper FY2018/19 for Energy and Mineral Development is saying that the External Financing is the key for this Sector – Period!

The Budget Framework Paper for Financial Year of 2018/2019 for the Ministry of Energy and Mineral Development is really revealing how the financing of the sector is and how the state is involved with the manner. Also, how low-key the main factors are and lacking transparency is hitting the Energy Sector of Uganda. Not that is surprising, since the agreements, the licenses and the tenders are usually kept behind closed doors.

However, the main part of the Framework Paper is evident of the issues at hand:

The indicative budget ceilings for the Ministry of Energy and Mineral Development have been rationalised in line with the sector priorities and national priorities as communicated in the Budget Call Circular and in the Presidential Directives. The ceilings for Vote 017 for the FY 2018/19 are as follows: Wage Recurrent is UGX 4.23Bn; Non-Wage Recurrent is UGX 74,04Bn; GoU Development is UGX 307,84Bn and the Development Partner contribution is UGX 1,608.41Bn. Under Vote 123 ceiling is UGX 81.98Bn is for the GoU Domestic Development and UGX594.00Bn is from external financing” (Energy and Mineral Development, Budget Framework Paper FY 2018/19, 2018).

The building of vital infrastructure, the refinery, the pipelines and energy production facilities are all dependent on funding from abroad. If it is grants, loans or paid-in-full agreements done in secrecy. Because, there are more than the shadows of this budget framework paper. It is saying a lot and the votes for the future is showing the future too. That the Ugandan economy is prospering, as the budget are needing all funding from afar to be able to build needed infrastructure. Also, needs the grants for the Rural Electrification, the ones who the state has even borrowed to do.

Therefore, this Budget Framework Paper is showing the troubles ahead. This isn’t voting for better economy, know this is dependency and also proving how much the donors and partners are involved in making sure the economy gets addicted to it.

When it comes to the refinery, the details are clearly still in the wind: “The process of selecting of the Lead Investor is still progressing and the negotiations are ongoing between Government and the selected investor. The process is expected to be completed in FY 2017/2018. There after FEED and ESIA for refinery development will be undertaken with the Lead Investor on board” (Energy and Mineral Development, Budget Framework Paper FY 2018/19, 2018). So the selecting of it is not finalized, well, for some thought Russians had secured agreement and the reason for Museveni to visit Moscow. Clearly, that ship has sailed, we can wonder if Total or any other company would do this. As Total has the biggest chairs of licenses in the Lake Albertine Basin. Time will tell, but another proof of lack of transparency, when the Ministry has to write this.

Procurement Bottlenecks including lengthy bidding processes that require no-objections from the external financiers at each stage of execution. There is need for PPDA to revise guidelines for procurements relating to flagship projects. In addition, the following measures need to be considered: financing agreements are signed, project is almost ready to kick off. PPDA should reduce the administrative review timelines that sometimes stall progress” (Energy and Mineral Development, Budget Framework Paper FY 2018/19, 2018).

This here is initially following the guidelines of the First Amendment of the 1995 Constitution of 2017, the Land Amendment that the National Resistance Movement put forward before the Age Limit. That would fit the narrative of the Ministry and their wishes. It is like reading the same idea, to give more power to the state and able to land issues quickly.

What we can learn, also and which is important, these developments, these infrastructures projects couldn’t have been built if it wasn’t for external loans, externals grants or direct aid, if not on the license fees and the parts that is taxed. However, the grand amount and the majority of the projects needs the external funding.

This is not surprising, it is to be expected because Museveni doesn’t want to use his money. He want to spend other people’s money and also the money of the future. To benefit him today, that is why the deals are done in the secrecy…. We don’t know the reasons and the value of the licenses, the ones who is to build the refinery, even the grand agreement between the Corporations who will build the Pipeline. We know that certain companies has failed to build the dams and used bad material, but that is because of the Chinese Contractors has saved money, while being paid-in-full.

President Museveni blessed that deal and got scraps back. Time will tell, but this isn’t a good look. Not because I want it to be bad, but because the money says so. Peace.

Opinon: Todwong is right on the money!

There been many voices saying the same thing as Deputy Secretary of National Resistance Movement Richard Todwong. Not that they have been listen to or neither acted upon. Because the state sanction the nepotism, the family affairs of Museveni and his elite. That Todwong is still a part of, as he is a crony within the system. It is splendid that he says these things, but that the NRM and Museveni is most unlikely, the rampant corruption and ghosts, are evident even with the refugees and the other beneficiary structures surrounding this administration. Therefore, it is nice to hear in the ears, but has a hard time believe that the NRM will change, when Museveni is still the Kingpin on top!

“However, Todwong shocked the house when he turned guns on his own party, lamenting that they are responsible for a litany of issues that have gone wrong. “We also need to manage greed, during the debate of a transition, those in leadership position may want to collect as much as possible because they don’t see themselves coming back to power. That kind of greed, insensitivity to national issues makes people disgusted to those in government,” Todwong commenced his speech. “Corruption, greed nepotism are things that are making Ugandans more disgusted in the leadership of our party in government. I have to be honest because my church told me to, I have told this to the president,” he added” (…) “The former member of parliament lashed out at government officials for what he termed as “theft with impunity” and misuse of public resources, saying they are the reason the NRM will soon be pushed out to the streets. “If we can’t restrain or control our greed in how we use public resource, how we steal with impunity, then Ugandans will push us out of power. The hills of Kampala are expanding with buildings but schools and hospitals are shrinking, so where do people get this money from?” Toswong posed. “And the owners of these structures are commissioners, permanent secretaries, ministers and directors, people are disgusted,” he added” (Nelson Bwire Kapo – ‘We are stealing the country’s resources with impunity, people are disgusted- NRM’s Todwong’ 06.04.2018, NilePost.Co.Ug).

It is refreshing to hear it, but the state has made their ways, but they are not significant. Whatever regulations the Ministry of Finance, Planning and Economic Development (MoFPED), Bank of Uganda (BoU), Attorney General (AG), Inspectorate General of Government (IGG) and The Public Procurement and Disposal of Public Assets Authority (PPDA) is clearly not sufficient. They are still able to get away with murder and see the paychecks go into thin air. Therefore, when you have all of these and nothing happens. You can wonder why they are going to work everyday and if they are really doing anything.

There are so many busy bodies and such, that the rampant corruption should be impossible, as well as the Uganda Police Force and the Courts, should sanction investigations and have cases that logs the corruption cases in the state. However, that seems like a far-fetched scenario where the beneficiary are the ones on top. While all the institutions and the government bodies are fleeing their responsibilities, because if they act upon their mandate. They will naturally hurt allies and friendly cronies of the Kingpin. Because a state with that many different bodies involved, should have capacity to stop. Unless they are all there to collect salaries, smile and move-on.

The Presidential Handshake and the tokens of gifts for the vote to abolish the Age Limit, shows how open the corruption is and how little it matters. Since the big-men are eating and the President wants it this way. Therefore, a nice gathering of thoughts of Todwong, but will the NRM act upon it? Nah, they have already dozens of institutions and mandates to hunt them down. Nevertheless, they don’t, because that might implicate the Kingpin and they don’t want to do that! Peace.

The Judiciary of Uganda: Fake Facebook Account of Chief Justice (03.04.2018)

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