

Press Statement from Muwema & CO on the Office Raids of 8th March (21.03.2016)





Today the legal-team of Dr. Kizza Besigye entered the Kasangati Magistrates court to continue the petition and filing of the case against the state and police house-arrest of his home in Kasangati, as it has been mid-February.
Witness comment on the matter today:
“Kasangati court has once again adjurned the ruling of the case in which Dr. KIZZA Besigye through his lawyer David Mpanga file a case against Inspector general of police and Regional police commader Kampala North to tommorrow ( tuesday) 10 am Kizza Besigye’s lawyers want court to order the with withdraw of police from Kizza Besigye’s home. This was after Prosy Katushabe the Kasangati court grade 1 magistrate over ruled the objection of state attoney calling for dismissal of the case. The magistrate gave Kizza Besigye’s lawyers to make their final submission by today 2pm. Hundreds of Besigye and FDC suppoters had thronged the the Kasangati court to witnessed the outcome of the court ruling”.

Lukwago and legal team visit Besigye’s home:
“At Dr. Besigye’s residence with Hon. Latiff Ssebaggala, Hon Kassiano Wadri and counsel Shifrah Lukwago. The Kasangati Chief Magistrate has overruled the state objection to Dr. Besigye’s application challenging the continued incarceration at his home and ordered the matter to be heard on merit. The final ruling shall be delivered tomorrow at 10am. The struggle continues”
Also the car of Dr. Kizza Besigye has been returned after being under Police custody for three weeks, and as the Kizza Besigye and fellow friends look over the car, they found that the Police had made new finishes to the car and added spy-ware and tracking devices to the car. As the criminal and fugitive they act as he is, as the Government and the Police still have him under house-arrest, keeps arresting fellow opposition activist as they are supposed in the Supreme Court Petition of Amama Mbabazi these days.
So the struggle continues kigwa leero! Peace.

Kasangati Magistrate Court yesterday Ajured the case, today they put a Pro Bono day. That means that the officials say they work for free this, in the UK a Pro Bono is a volunteer act for the public good. From Wikipedia: “A judge may occasionally determine that the loser should compensate a winning pro bono counsel”. That is a compensation of a losing case so that they get counsel, but the court of Kasangati called it Pro Bono Day, meaning that they don’t need to work the case, but giving the lawyers of FDC and Dr. Kizza Besigye compensation as Pro Bono, for the common good. Though it is literally one thing, stalling of time…
As the Legal-Dictonary.theFreeDictonary states:
“pro bono: adj. short for pro bono publico, Latin “for the public good,” legal work performed by lawyers without pay to help people with legal problems and limited or no funds, or provide legal assistance to organizations involved in social causes such as the environmental, consumers, minorities, youth, battered women and education organizations and charities”.
So if the Kasangati court would do the public some good, they woudn’t do what they did today, with stalling the case another day. Here is from the official!
From the FDC:
“Disappointing..that officers of court should use technicalities to perpetuate abuse of individual’s rights. The police chief isn’t untouchable, can be sued. “ -Mr. Daudi Mpanga, Barrister for Dr. Besigye. Dr. Besigye’s case adjourned until Monday because it’s pro bono day”.

From Erias Lukwago today:
“With the Court Of Appeal Justice, Remmy Kasule and Madam Ruth Ssebatindira at the Uganda Law Society probono day at the Railway Grounds this morning. It’s a day where members of the legal profession offer free legal counsel to the indegents and renew our commitment to uphold the values of eqity and social justice”.
So Yesterday the Kasangati Court said the government needed more time, today they have only volunteers and can’t address the case, a Pro Bono litteraly means, but the government has enough resources to keep the Police and Military Police around his house, his area and roadblocks from Kampala as we speak, and get everybody interviewed, filmed and recorded before entering the gates of Kasangati, as the House Arrest continues. That is acceptable in the state of Uganda, as President Museveni continues to linger in power and keeping innocent men in jail and house-arrest without charges or reason for the arrest. A continuation that has been steady since before Election Day on the 18th of February 2016 and seem to go on until the swearing-in at this point.
That being said as a reminder of the lawfulness of the Kasangati Court as they work with orders from above, not from following the law for preventative arrests or anything else, that specifies time for it and release of the prisoner, as they have never taken away that Colonial law as the Government of Uganda has the need for it, it seems. Peace.

Finally released, though 11 days without “charge” for carrying Candidates Declaration Results forms that says the Polls and votes from Poll Stations in the area. That Darius Tweyambe, the FDC Official in Rukungiri was detained for collection DR Forms, not inciting crime! That is what the Police Force in Uganda are doing and getting away with! Nobody is saying anything or addressing the matter.
“Dr. Kizza Besigye talks about his experience under house arrest by Uganda police, his typical day, way forward for his supporters” (Uganda Live TV, 2016)

It is continuation of the Dr. Kizza Besigye’s siege and house-arrest in Kasangati, Wakiso district. The Police have held him under house arrest since right before the Election Day on the 18th February 2016.
Today the petition to Kasangati Court in Kasangati Trading Centre to free Besigye; early in the morning the judge of the court where they said the Defence had to file it in before 4pm today. The Court said they needed more time to respond to the filed petition to the court. The respondents in this case Police needed more time to respond. So the court is adjured to tomorrow.

From the FDC themselves:
“Mr. Daudi Mpanga, lawyer for Dr. Kizza Besigye informing press that Dr. Besigye’s case is now fixed for hearing, this Friday at Magistrate Court, Kasangati. The case was adjourned to Friday 18th March, 2016 to give the State more time to prepare its response” (FDC, 17.03.2016).
As this happen there has arrived more Police and Security guards around his home. There is already three roadblocks and set of police in the area. He is seemingly a great criminal now that he has filed a petition to the court to be released free from his preventative-arrest and get justice, as he went from being a presidential candidate into a house-arrested fellow without charges, which are still at that state to this day.
The Police of the area have used the time to stall a petition against the Presidential Election of 2016, as they have gone aggressively against the FDC. So this is a continuation of that and the result is that the authority continues with the unlawful behavior, as they use the Preventative-Arrest of Besigye and monitoring everybody in the area. So the time is ticking and the unjust behavior as the state keeps him on guard and under siege. The proud state of Uganda Police has drained down to this and President Museveni must be with his cattle smirking. Peace.
“The Forum for Democratic Change has resorted to prayers as the only way to force NRM’s Yoweri Museveni out of power. The opposition Party which started the weekly prayers at the office headquarters in Najjanakumbi hopes for a miraculous change of government. In a show of intense emotion, the party president Major General Mugisha Muntu broke down in tears as he prayed for an end to Police’s continued deployment at Dr Kiiza Besigye’s home in Kasangati. The prayers are part of the measures announced by the Party following their latest electoral setback” (NBS TV Uganda, 2016).

There is something ironic about it all, the way the NRM should not care if the FDC calls a boycott. As they are supposed to be a minority, to be minor group of people, as the NRM is supposed to be the people’s party with 10 million members and be the giant liberations party.
Even President Museveni claimed this a little while ago:
“Without this organizational weakness, our vote should be around 65% for the President in this week’s vote. Even then, that should not have been the vote we should have got given the work NRM has done, especially in the area of infrastructure (roads, electricity, schools, health centres, piped water, etc.) and also in the area of peace and security. We should have got 80% in my opinion” (Museveni, 2016).

Spokesperson Opondo said:
“Wearing black, ‘Black Thursday’, as a system of mourning, prayers for election loss and staying home,” Opondo cynically tweeted” (…)”The Uganda Media Centre boss said there is no harm if they (opposition) are peaceful and stay in their homes” (…)“Question is for how long will they stand?” (…)“Yet these businesses employ Ugandans and pay taxes to Ugandans,” he argued” (…)”According to Opondo, the boycott is exposing their (FDC’s) true colour of “a party that would strangulate businesses of people who don’t agree with it”(…)“Yet these businesses employ Ugandans and pay taxes to Ugandans,” he argued” (The Insider, 2016).
NRM Secretary General Said this:
“the NRM Secretary General Justine Kasule Lumumba says opposition leaders should not be taken seriously labeling them selfish and interested in keeping Ugandans in poverty” (Ssali, 2016).

Today’s retaliation:
“Kayunga District NRM chairperson Moses Karangwa has warned district and sub-county leaders who subscribe to the ruling NRM party against awarding government contracts to Opposition supporters” (…)”We should strengthen our party. Many of our supporters are unemployed so all the tenders and contracts should be given to them because they have the capacity to run them,” Mr Karangwa said, adding: “I don’t want to hear that an FDC or DP supporter has been given a tender.” Mr Karangwa made the remarks at the weekend while addressing NRM leaders who contested on the party’s ticket” (Muzaale, 2016).
If the NRM and their President are supposed to be over 60% of the people, any kind of boycott should not be issue for the government or the authorities, especially when your leader and the countries leader thought he should have had 80% in the polls. So why are all of your NRM leaders and officials crying foul towards the FDC if you have this support, Mr President?

As Ofwono Opondo tries to cry a river for the business-men and the tax-money, well, I don’t know how you think Mr. Opondo, but a boycott is usually stopping using money on certain companies and things as a reaction to either their ethics or their codes of conduct. Like in history where people boycotted South African production during apartheid, not because the people boycotting the production wanted to hurt the innocent farmers, but not give tax money and using their funds to in-directly funding the machinery fueling the government who was behind the draconian laws.
So if you look at that, Mr. Opondo, the FDC does the same as they believe the tax-money going to the Ugandan Government goes into funding the anti-riot police, police or army who detain, arrest and shoots at them; while they trying to keep their operation and support their members of their opposition party. So your reasoning does not make clear sense, as if they wanted to use these businesses and shop there, the FDC supporters and FDC officials would make sure that the tax-money would not come to you or your advisories, as that give them cash money to hunt down FDC supporters, Officials and pay meals to the Police who keeps the FDC members detained. That is the reason for the boycott, and the tax-money is a reason, not to direct hurt the people working there, they are third-party who get issues because of the cause that the parties who boycotts are working for.
Example: As it not the clothes producers of H&M in Bangladesh who is the issue why people boycott H&M. The issue why people boycott H&M is because of their ways of producing their clothes and buys jeans from another chain or store. Mr. Opondo that gravity has never hit your head before has it?

Let me address NRM Secretary General Justine Kasule Lumumba who says that boycott continues to leave people to live in poverty and continuation of it. That makes it seem that it is majority who boycotts, and that the boycott cuts grand charges of the economy instead of being a tiny minority as the announced result claims. My second counter is that the NRM has had 30 years to create wealth, even before the Operation Wealth Creations, 10 Point Program and so on. So that a reaction from the opposition and their supporters shouldn’t do more damage to the economy than already level that the NRM and the NRM-Elite has created since 1986. So sorry, feel no sympathy with you reasoning for speaking about the boycott Mrs. Lumumba. You and Your NRM can actually work for the people and not feed yourself, than you get my sympathy.
And the last person addressing the boycott from the FDC is the Chairman of Kayunga district Moses Karangwa who now wants to boycott back. That is a valid argument, as the NRM has the right to boycott, but as a ruling party. This is a retaliation that actually has arms to hit back the FDC who has valid reasons for their boycott, while the NRM is the ruling party of 30 years and have machinery through the state and decides all the major agreements already. As seen with the non-transparent licenses of drilling oil in country. So that he wants to leave the opposition in vivid poverty and keep the cadre-policy instead of trying to open deals, is what we are seeing with this. While the FDC is an open boycott with a clear message, the message of Mr. Karangwa is more a reaction that supposed to leave all the money to the ruling party and ruling party officials. That makes the state even more inclusive and take more control, as he want to secure that if you’re not an NRM member or part of the NRM Local Councilor grant them contracts and their importers, not from opposition as that is weakening the NRM he claims.
Well, I would not say claiming that it would weakening the party, as they already run the country through the executive and get the money, the tax-payers money and the laws make the possibility for the NRM campaign team to run their campaigning during the pre-election period. So the contracts and the monies already targeted through local-government and state contracts are already going to companies that leave money for NRM officials. So the quotes and wishes from Mr. Karangwa are futile. Why does the party who already has the funding and have the money need to boycott anybody else? Or is Mr. Karangwa saying that NRM is poor and need funding? Peace.
Reference:
Muzaale, Fred – ‘Don’t give Opposition government business deals – NRM boss’ (15.03.2016) link: http://www.monitor.co.ug/News/National/Dont-give-Opposition-government-business-deals-/-/688334/3116820/-/15r1d0bz/-/index.html
Museveni, Yoweri Kaguta – ‘President Museveni’s statement on the elections’ (27.02.2016) link: http://www.statehouse.go.ug/media/news/2016/02/27/president-musevenis-statement-elections
Ssali, Godfrey – ‘Shun FDC’s ‘free my vote campaign’ – Lumumba‘ (08.03.2016) link: http://radioonefm90.com/shun-fdcs-free-my-vote-campaign-lumumba/#more-6451
The Insider – ‘NEWS Ofwono to FDC: Wear black & mourn election loss’ (07.03.2016) link: http://www.theinsider.ug/ofwono-to-fdc-wear-black-mourn-election-loss/
Do, you need more evidence of the eventual rigging of the 18th February 2016 Presidential Election in Uganda? If you need more to prove it, than your either a NRM man, a kinsmen of Mzee or somebody who pockets of the NRM-Elite. As this here is pure evidence and clearly made to prove the ways NRM went to secure Mzee to win again! Peace.

There are stories that are breaking, stories that are strange, stories that are surprising, what I write you today are the new normal and the Modus Operandi of the NRM-Regime and the NRM party. As there been a pattern when it comes to President Museveni, as his grips of power and continues to be the Executive. This he has done deliberately since 1986. Or since after the rigged election of 1980; a history most that has followed the Uganda President should know by now, and should be part of their knowledge.
In the beginning he stated that the Movement System would continuation of the African democratic model as the constituencies would pick their men, than through Multi-Party System, he hold on to it as long as he could. And he kept it until second voting on a referendum that leads into the 2006 elections with the Multi-Party system, and not only NRM party as it had been since 1986. Before 1986 there been other parties that long had been in shadow or worked under the system and being imbedded in the Movement System to sustain positions, but not free-parties to hold their own consultations and own meetings. As the referendum opened up for; just with this proves how little he works for the dissidents or other views in the country, as it is the NRM who matters as that is his Party!
What I will discuss today is how he has used laws both inner-party of the NRM and the deepest in the general law to keep the laws that fits him. Such it was in beginning of the Constitution, who also gained him credit abroad and made him a donor-friendly destination. I will take the amendment, sole-candidacy of 2014 and now the longer terms for him. Take a look!
In 1995 the new constitution gave the President or the Executive power under the Article 105 a basis of two terms, which each term would last 5 years. That was the basis of the new constitution that NRM and President Museveni made during the first period of his presidency.
The Original constitution states this:
“105. Tenure of office of a President.
(1) A person elected President under this Constitution shall, subject to clause (3) of this article, hold office for a term of five years.
(2) A person shall not be elected under this Constitution to hold office as President for more than two terms as prescribed by this article”
But in 2005 he had changed his mind as he wanted to keep power in the country even if he had been elected twice in presidential elections in 1996 and in 2001. So when 2006 elections were coming, he had together with his party change the law to fit him.
As the Constitution Amendment Act 2005 which states:
“28. Amendment of article 105 of the Constitution Article 105 is amended by repealing clause (2) and substituting for it the following—“(2)A person may be elected under this Constitution to hold office as President for one or more terms as prescribed by this article.”
That got voted in Parliament and lead to the general election in 2006, where President Museveni also won the election and took a landslide of MPs in Parliament, as he has always done. This has continued into a single spiral of his strengthen power of the NRM, while cutting ties with men inside the party wishing to take his place in the party, as with Gilbert Bukenya and Amama Mbabazi at times.

So to solidify his position he made this happen on a Party Retreat or Conference at Kyankawanzi and the words express the readiness for yet another term and rule under President Museveni and not have a new leader controlling the ruling party. As it says here:
The Kyankwanzi Resolution of 2014 – President Museveni’s right for Sole Candidacy in the NRM:
“RESOLUTION ON PARTY COHESION AND GOVERNANCE
We, the undersigned members of the NRM Caucus attending a retreat at the National Leadership Institute(NALI) Kyankwanzi (6,February 2014); Fully aware of our Country’s historical past and the need to consolidate and sustain the Milestones registered over the years since 1986; Cognizant of the fact that there is still a lot more to be done in order to realize our ideological vision of uniting Uganda(Nationalism), Pan-africanism, transforming our country from a poor peasantry society to a modern economy and upholding democracy; Conscious of the fact that what has been so far achieved over the last 28 years needs to be guarded jealously and improved upon to realize our vision; Aware that when individuals engage in personal scheming, party cohesion is undermined, development efforts aredistracted and the population is diverted from work to early politicking;
DO here by resolve;
To support H.E Yoweri Kaguta Museveni to continue leading and facilitating our country on its take off journey to transformation”.
As we seen that the President Museveni together with Parliament in 1994 before introduction of the Constitution of 1995. Where it stated certain limits for the president, meaning two periods for the actual president and that was that. After and near the end of the official two periods as presidents the constitutional amendment abolished that in 2005. Later he continued to rewrite the NRM Party guidelines and got the resolution of 2014, where they rewrote it so that he is the Sole Candidacy of him as a presidential candidate for the party and be the president of NRM at the same time, as he has been for decades.
So now the news of a new resolution from yet another conference or retreat at Kankwanzi, that will give the Presidency more Power and for longer time!
Today the 14th March 2016 at another NRM MPs retreat at Kyankwanzi:
“Live in Kyankwanzi where the NRM orientation and retreat is on going! Resolution has been passed to extend the term limit from 5 years to 7 years!” (The Inspector, 2016).
This is an amendment that supposed to the same that the MP James Kakooza the MP for Kabula County in Lyantonde District initiated in 2010. The Kyankwanzi resolution for the longer term length is on the precedence of the Rwandan Presidents who have 7 year terms already and the idea of MP Hon. Kakooza want to emulate that. What the NRM MPs does not is copying and also doing this to show support to the President for their ability to be MPs in the 10th Parliament. They should initially give thanks to once they represent (the people) and not the President, they serve him, but they in theory represent the people first. This kind of law and resolution does not give more power to the people or represent them better. On the other hand it gives longer staying power for President Museveni and nothing else. As his next term would be extended with two more years not the 2016-2021, but now would be 2016-2023. That is massive difference and giving him more time to make more laws fitting him.

As I am sure we will see more of this and make sure the laws that fit the NRM-Regime and the longevity of President Museveni and his presidency. That is the only certainty as the opposition gets worse treatment and the laws made to suit the Executive and not the people. As it come more and more to forefront and becomes the reality. Last time at Kyankwanzi resolution gave carte blanche for a sole candidacy, now in a similar fashion they want to give him two more years as head of state, as he already embarks on the 30th year in power. And with the new term system the nedt tenure would total 37 years! That is like fish out of the water, and surely is not just an idea from a MP, I am sure this seems like a tactic from the Presidency to do it now after the polls; to justify his extended time in Power.
I don’t believe that this all of sudden happen out of the nowhere. As the other extensions have happen deliberately and through steady choices of the executive, he has made choices and decisions how to manipulate the electorate, the parliament and the laws to fit his way. That has been strength of him and as long as that gave positivity in the county, the people didn’t mind. Now it is not positivity as at the beginning of the presidency, instead the totalitarian power who keeps the power to himself and using all methods to keep it.
This here today is yet another method and another way of securing the power for the presidency, the extension of the term is just the next step for him and his rule. Peace.