MinBane

Helt ute av sporet (Okumala ekigwo okulyaku kya okuziga)

Archive for the tag “Uganda Police Force”

The Presidential Handshake report doesn’t say much, but it was a clear “error” by Museveni!

I finally got the whole COSASE report of the Presidential Handshake, what has been reported on my blog or page, has been comments of it. This time it would be direct quotes from the report that was put forward in Parliament from the Parliamentary Committee. That the President had an “error” was been weak, the whole ordeal was a bribe and the Committee didn’t have the courage to say so. Even as the position of every one was spelled out in the Report. Every single person paid out bribe was spelled out and the whole part of the allocation was broth to the daylight. Not that the insights was saying much new. But it still, shows how the President is controlling the Parliament and the use of funds. Since he was shocked of certain acts and that he was making it bonafide, but it wasn’t so. This story has been written back- and fourth.

Before more comments, let’s look at quotes from the report!

The Committee was informed by the management team of URA led by the Commissioner General that before the final arbitration ruling, the Uganda Government team briefed Cabinet on the 19th of November 2014 on the progress of the HOGL arbitration and H.E. the President promised to reward the team if they won the case” (…) “The Final Award on the merits of the arbitration was delivered on the 24th February, 2015 wherein the full panel of three Arbiters agreed in favour of Uganda Government and dismissed the entire claim of HOGL and awarded USD 4,083,840 in cost. The then Attorney General Hon. Fred Ruhindi on the 13th April 2015 (App. B1) wrote to H.E. the President reminding him of his promise to reward the team and requested him to consider a reward for noble team. He also attached a list of 24 proposed beneficiary” (…) “The Committee was informed that the Attorney General further led the Government team to meet H.E. the President at his country home in Rwakitura on the 17th May 2015 where the victory in the Heritage arbitration case was among other things discussed. That the H.E. The President thanked the team and directed the Commissioner General of URA to propose an appropriate reward for the team. H.E. The President also guided that the other Public Officers who had tremendously Contributed to the success of the case but had not been included on the first list generated by the Attorney General be included too” (COSASE, P: 8-9. 2017).

As a follow up to the H.E. the President’s letter of 16th November, 2015, the Commissioner General of URA wrote to the Permanent Secretary/Secretary to Treasury (PS/TS) in a letter dated 11th December, 2015 (App. B6) requesting him to formally designate her as accounting Officer through whom the reward would be paid and to formally requisition for the UGX 6,000,000,000 (Uganda Shillings Six Billions Only)” (…) “The Commissioner General, as advised and in a letter dated 5th May 2016 (App. B8) sought authority from the Hon. Ministry of Finance, Planning and Economic Development to reallocate UGX. 6 Billion (Uganda Shillings Six Billion Only) from URA Tax Refund Account to URA Expenditure Account so that the 42 Public Officers could be paid and suggested that a supplementary to URA for that amount to be considered and handled by the Hon. Minister of Finance, Planning and Economic Development. The Hon. Minister of Finance, Planning and Economic Development did not grant this authority. However, by letter dated 19th October, 2016 (App. B10) he requested the Auditor General to issue an audit warrant for UGX 6 Billion” (COSASE, P: 10-11, 2017).

The Committee reviewed the budget for Financial Year 2016/2017, which was approved by the Board and subsequently appropriated by Parliament for URA activities and the UGX 6 Billion “handshake” was not budget for. The Committee further received evidence from the Board of URA to the effect that such money had not been provided for and they were hearing of that expenditure for the first time” (COSASE, P: 29, 2017).

The Committee observers therefore:

1. That it is true that USD 157 Million, which would have accrued as part of the Capital Gain Tax, was waived.

2. The contention arose out of a clause in the PSA which provided for waiver of tax signed by the then minister Hon. Syda Bbumba.

3. That the dispute would not have arisen if the PSA did not have a waiver of tax.

4. The then Ministry of Energy, Hon. Syda Bbumba, did not have authority to waive tax in that transaction and her auction of not having read the agreement before signing was irregular.

5. All the then Ministry of Energy who signed PSAs with similar clause acted ultra vires the law” (COSASE, P: 44, 2017).

Conclusion:

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).

The Presidential Handshake has clearly showed the proof of how a visit at the Presidents farm in 2015 can lead-up to. President Museveni offered honorarium and bonuses to all the staff in the Tullow/Heritage Oil Tax Case, so all their work would benefit them. Without having it in budgets, without any votes or any sort of procedural activity, therefore it was an illegal allocation. That the Uganda Revenue Authority did allocations without proper actions, that the Ministry of Finance, Planning and Economic Development and Ministry of Energy all actors did wrong in this scenario. They misused the tax to their own benefit and the President allowed it to happen. Therefore, it is weird that the only thing the Committee concludes with a new legislation to stop it. Secondly, also refunds of the benefits for the civil servants and the NRM cronies. That the act was done without lawful authority, but that was well-known and not rocket science. IT was clear misuse of government funds to give someone an extra payday, which wasn’t allocated or had the proper legal stamp. Therefore, a clear bribe… not solicited funds which the state should pay their civil servants. 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)

Sekatawa claims the Presidential Handshake is Patriotic, I beg to differ!

The Ali Sekatawa, the Uganda Revenue Authority lawyer has this recent week addressed in his own way, the report from the Committee on Commissions, Statutory Authorities and State Enterprises (COSASE), that delivered the report on the Presidential Handshake to Parliament. This report spelled out the initial idea and talk of refunding the handshake back to URA, as the monies was commissioned correctly. Certainly, the Lawyer want to defend his responsibility and be part of illegal activity. Therefore, his defense is ridiculous, just take a look!

According to Sekatawa, the committee selectively evaluated evidence leading to wrong conclusions on certain aspects and was populist in certain aspects. He says he is angry with the fact that the MPs and sections of the public are challenging the patriotism he and his colleagues exhibited while arguing the tax dispute against two British firms then involved in Uganda’s oil sector. Sekatawa is also challenging the fact that Parliament went ahead to adopt a report, which was not signed by all the members of the committee that investigated the matter. He is also of the view that Parliament has no authority to call on him and others that benefited from the bonanza to refund it because the money wasn’t given by Parliament” (URN, 2017).

I wonder if doing clerical work as your supposed to do in a government organization, that is collecting taxes is so patriotic. In the mind of Lawyer Sekatawa it apparently is. There are certain aspects that I have to dive in to, as he explanation is weak tea. I cannot let this one fly for the sake of foolishness. If there are someone who defends corruption, it should be the corrupt leader President Museveni. Not one of his cronies inside the URA. URA are working and following provisions delivered by Parliament and the President. They follow the guidelines and regulations of taxation that has been given. The same happen as the paperwork on the Presidential Handshake has leaked. It isn’t a secret, it is in the open.

The lawyer is clearly blind by brown-envelopes filled with money, instead of working as a civil servant. The civil servants are working for the state and are paid for their duty. The duty of working inside their offices and get their designated salaries. They are not supposed be bribed or misuse state funds for their own personal gains. That is what happen in the case of the Tullow-Heritage Oil Tax Case that gave monies to all that we’re a part of the court case. The civil servants that served the state and tried to get the ill-gained funds from the companies that was supposed to be part of the consolidation fund. A fund that are used to pay for government and state projects.

Instead, the government and the URA employees we’re served with a Presidential Handshake, that the state didn’t get it designated funds, but the civil servants who worked the case. Which is a bribe and direct looting of state coffers. It isn’t anything other than thieving, a petty theft and it was sanctioned by all the cronies. Not being patriotic trying to build a state, this was state officials and inner-circle of the state giving themselves a massive pay-raise without any procedure or protocol, feeding of a criminal case and foreign investors. Not trying to build a possible foundation or security of the funds, but dole it out to the willing and the ones who knew about the transactions.

The ones that photo-copied the paperwork, the ones that took the phone-calls, the ones that wrote on the settlement, the ones that argued the case in the United Kingdom and the ones that are loved cronies of Museveni. That isn’t patriotic, that is misusing and breaking down a system for personal gains. You don’t love your nation when you sponge of it, when you eat taxes, instead of using it on schools, health-care and other necessities.

Sekatawa doesn’t love Uganda, he loves the Presidential Handshake, he loves the MONEY. MONEY is what makes his world go-around and pays for his SUV and his mansion. He doesn’t love Uganda, he isn’t loving the Republic or the history. He doesn’t respect it’s constitution and it’s laws, when he defends bribes and corrupt behavior. That he benefited from. That is lie… a damn lie. A big fat LIE.

A Presidential Handshake isn’t patriotic, neither are bribes, they are petty theft of state reserves and state funds, that was supposed to go elsewhere, than into the pockets of ill-informed men and woman who liked to corrupted by the state itself. He needs to figure this out and get his mind out the fat corrupted brown-envelopes, maybe even try to figure out the real value of patriotism. Because this is not! Peace.

Reference:

URN – ‘URA lawyer to sue Parliament over Shs 6bn oil cash bonanza’ (24.06.2017) link: http://observer.ug/news/headlines/53523-ura-lawyer-to-sue-parliament-over-shs-6bn-oil-cash-bonanza.html

NRM Letter to President Museveni: “Re: Memorandum of Important Issues Affecting Our Party and The Running of Government under the National Resistance Movement” (03.03.2017)

The Presidential Handshake Probe recommend the NRM regime to regulate the Presidential Donations!

In Uganda everything in Parliament and legislation are usually connected with the President in someway or another. President Yoweri Kaguta Museveni are usually involved in any sort acts and government affairs. It is well known that many decisions are taken directly at the State House or at either the NRM National Executive Committee (NEC) and the NRM Caucus. This are all directed by the President and usually contains his vision. So that the Parliament was probing the Presidential Handshake, that was like looking directly into the provisions given by the President. The President who has accepted to give to civil servants and other government officials. So here is the report from Parliament today!

A House committee that inquired into the payment of Shs 6 billion to 42 government officials for winning a tax oil case in London wants the beneficiaries to refund the monies. Parliament’s Commissions, Statutory Authorities and State Enterprises (COSASE) committee was instructed by Parliament in January this year to investigate the payment of the monies to the officials, said to have participated in the arbitration case between government and Heritage Oil and Gas in a London court” (…) “In its recommendations, the committee has tasked government to come up with a bill within 90 days to regulate and streamline the Presidential donations budget. Parliament last month rejected a Shs 53.8 billion supplementary budget, which included the Shs 6 billion bonus payment to the government officials. The Budget committee, in its report, said the approval of the funds was deferred pending the COSASE probe conclusion” (Parliament Watch Uganda, 21.06.2017).

Clearly, like all things in Parliament and within government in Uganda are coming back to the Okello House, or President Museveni. He is always involved and has made decisions or took charge so it happen. The same happen with the Presidential Handshake, which he gave way to after seeing the letters in the case. That the beneficiaries are claimed to have to refund their money to the state, as it was supposed to be tax to fund the state. The money the state won was not supposed to become individual income for the individuals doing clerical work for Uganda Revenue Authority (URA) or anyone else.

Now the COSASE wants the state to restrict the Presidential Donations and the monies the President suddenly dole away. So they can monitor his giving ways and his use of state funds. Clearly this will put measures to follow the President and his acts. Certainly, he would not like this, because this could show some transparency and show where the funds the President are free to give-away. This is not something that seem like President Museveni doesn’t want to follow. Since if so, he is showing real governance and open government. He prefers running in backdoor agreements and brown envelopes to get legislation through the Parliament. If the Presidential donations are monitored, than the clear corrupt behavior will be in the open and COSASE would have a field day on the actions of the State House. Certainly, the 90 days will not be met and not be followed.

If so, than it will be water-downed legislation, which doesn’t have the power to question his authority. Just like the monitoring and probing into the Presidential Handshake. The Report today proved how little they can vindicate, and even show who is to blame. As the recommendation for regulation of the Presidential Donations will certainly not be something President Museveni would prefer. Peace.

UPDF: Military Police has not taken over Police Powers and Resources (21.06.2017)

Tired of President Museveni’s “1986”!

I know I am born in 1985, but I am tired of the year of 1986 and the year National Resistance Army (NRA). The now National Resistance Movement (NRM) and President Yoweri Kaguta Museveni. The liberation movement that has run the republic since 1986. This war lasted from 1981 to 1986, the NRA went out of the Milton Obote II government after the illegitimate election of 1980s. Which from then on has been used as the scapegoat and the ones to put to blame for ever since.

The 1986 is the magical year that Museveni entered into supremacy. The Supreme kingpin and mastermind of all it. Sowing the mustard seed and creating a newer safer Republic. The one time the peasants was supposed to have their say in government and make the republic a democracy. The Republic of Uganda was going from strong-men and big-men to run the Republic. Instead, it has been now three decades with manufactured democracy in-line with the vision of Museveni.

President Museveni have used all techniques to fix election results, paying villagers and making new government forms to fit his paradigm. Instead of releasing his promises he has built elite around him that is loyal to his brown envelopes or public fearing his security organizations. This is a special coming from the man promises all the possible governance and government structures needed, if he got into power. Instead, he has done the opposite.

It was supposed to get into a middle-Income Country instead of the Less Developed Country, which is the state is in now. The LDC that Uganda now is because of the state of government that President Museveni has created around him. That can be seen with amounts of debt, the massive overspending on the State House and the pledges around the President. Government of Uganda, GoU have been built around Museveni, instead of institutions and procedures. Therefore, the state are following the orders of the President and his Presidential Handshakes.

That is why, every-time in a speech at any sort of occasion the President will mention 1986 and how the state used to be. As of today 1 out of 5 in the Republic or 21% are between 15 to 24 year old. And by 2016 there we’re only 2% who are older than 65 years old. Which means that the President are part of a minority age bracket. President Museveni 30 years old rule are older than many of the youths in the Republic. They should also wonder what is so special about the years they never we’re living and about governments they never lived under. There are big proportions of the population who cannot remember or has been apart of the first years of the NRA or the civil-war during the 1980s.

They would be like me, they would feel the same fatigue of the NRA and Museveni rule, the extension of the liberation from Obote and Amin. The ones that Museveni mention whenever he needs someone or somebody to blame. Certainly mention 1986. The 1986 that are the most important year since independence, therefore, the NRM Day, the 26th January 1986, liberation day. Instead of the Independence Day 9th October 1962. That one is not so often mentioned by the President, since he didn’t get them out of the British Empire and not be a British Protectorate anymore.

Still, the 9th October 1962 doesn’t seem to be important for Museveni, the 26th January 1986 is the most vital one. The one that sets the standard, the day that changed everything and gave him total access. Therefore, the celebration of 1986 is so key and be levied at any occasion, and at any speech. President Museveni praises his overthrow of Amin, Obote, Okello and Biniasa.

They all just had to be overthrown, he had to make coup d’etat and make folklore out of it. So his name can ring out and be praised. Let it be clear, the President sings 1986… 1986… 1986… like a jingle never stopping. Peace.

Kampala’s BRT at this stage is a pipe-dream!

The Bus Rapid Transport system together with a Metropolitan Area Transport Authority (MATA), in the midst of the Kampala Capital City Authority (KCCA), Kampala City Hall and Ministry of Kampala. This are having different heads combined with the mastermind on the top President Yoweri Kaguta Museveni. Doesn’t matter what the ones in the parishes are considering, the Division Mayors, Lord Mayor Lukwago, KCCA Director Musisi or even State Minister Kamya. The one rubber-stamping the initiatives is and will be the President. Since he has his finger into everything.

That is why I have no faith in BRT. Even if it is stop the congestion, the lack of public transport in Kampala and problems of control of the Boda-Boda’s, the authority of the Taxi’s and the Specials. There are still significant issues to be reached. It doesn’t matter if they are banning or stopping certain transport options. As long as the ones working, are the taxis and boda-boda’s. These are the ones who has designated routes and travels with licensing for their routes. The Taxis are usually used Toyota Hiace imported from Japan, second-hand ones who was former bread-trucks, who are rebuilt to fit as many people as possible.

While a BRT means there will be heavy investments in stages, in divisions and in congested areas to fit the paradigm of buses. It isn’t barely putting buses on the road and assume the population will start taking it. The need for steady implementation of road structure, of bus-companies, of driving schools and of time-tables has to be put on order to make sense for the citizens to use it. Since it needs to be better than the transportation options that are today, like the taxis, boda-boda’s and specials. At this stage the Uganda Investment Authority (UIA) in their feasibility study estimates the needed funds to get it going at this point to be the staggering $612.06 Million. With today’s value of the Uganda Shillings it is about Shs. 2,193,883,999,999 UGX, in other terms over 2.1 trillion shillings. Which means one tenth of the Financial Year budget of 21 Trillion Shillings in FY 2017/2018. Just to put in perspective.

This infrastructure project of this size and ramification better make the roads of Kampala into bricks out of gold. Clear every single pothole and make sure the gravel grade more than standard. This project has been going on for ages without any movement or significant progress. Why I am writing about it, well there suddenly if it is true, some Chinese Investors who wants to touch the erratic transport system of Kampala. This are together with the Chinese Ambassador to Uganda, at the State House discussing investments into it. Therefore, the sudden move of actual fueled money into it. As the 2.1 Trillion shillings doesn’t grow on trees.

President Museveni stated this today:

The Kampala Metropolitan Rapid Bus Transport project is a necessity. We should not continue to have so many cars with limited capacity” (…) “The investor will construct 26 rapid bus stations, 420 stage shelters and an initial 400 buses with a carting capacity of 74 passengers” (Museveni, 18.06.2017).

With this unknown Chinese Investor, they are clearly indicating some infrastructure and some buses to put up. If this will see the light of day and will be honestly implemented, than there are start, but it takes time to find routes and needed ways to make it profitable, as there will also be lost oppertunities for the ones who used taxis, specials and boda-boda’s on these roads. That is if this isn’t a scheme and plot of manufacturing more monies through the state-house. Which wouldn’t be surprising knowing how the President often operate.

The BRT would be a bonus and strengthen the congestive traffic of Kampala, a needed one for more time working and less time stuck in traffic jams. It would be important for the citizens leaving the divisions and traveling across town to work. But the state haven’t been able in the recent years to pull it off. Maybe Chinese investments would help it and their involvement in it would see it moving. But it shouldn’t just be the President’s blessings over the investments. The KCCA, Ministry of Kampala and City Hall should all have a say and make reports on how to build it properly. As the UIA even states there have only been a feasibility-study. That is preparation for the solution, but not the white paper or even framework for the Divisions or Central Business District of Kampala to make the BRT a success. Right now it is dream, which most likely could turn into a nightmare before its shuttle.

NAMA Proposals in 2013 are even more costly: “The capital costs budgeted over the 15 year period were estimated to total some US$ 1.181 Billion”. That is the double of the estimates from UIA in 2017. Therefore, something has either been scaled down or the NAMA was considering more aspects in their plans, than the UIA has. But is not like the President today has delivered any paperwork or reveled any sort of information what sort of possible deal he done with the “the Investor”. He could be scapegoat or even a mirage for all we know. Because none is on the up and up.

Especially considering he had a meeting with them at the State House in Entebbe with none of the leadership of Kampala. The ones in Kampala will just later get the news of the building and investments, therefore has to figure out how to implement it and work-out the perks. Parts of me wonder if the President even has looked into the documentation and considered the needed partners in play. But that is just how the President operates. He just can build Rome on his own or Kampala for that matter. He has all the skills and the brown envelopes at his disposal. Peace.

Uganda: UPF Circular – “Individual Responsibility for Court Awards Arising out of Police Action” (13.06.2017)

Uganda: UPF Circular – “Arresting People for the Offence of Idle and Disorderly” (13.06.2017)

Bunyoro squabble: Besigye Rally blocked in Masindi!

As the Police has monitored and followed the moves of Forum for Democratic Change in Bunyoro, even standing guards around the compounds of the retreat that the FDC during the week. You can tell that the government does not spare a single shilling in the mind of keeping the FDC at bay. Clearly, the Police Force in Masindi was preoccupied with handling the matters and silencing the FDC. Not catching criminals, because that is not important in the Republic of Uganda. It is more important to count the steps and gasoline run by the White SUV of Dr. Kizza Besigye. Therefore, this shallow and truthful news coming from URN wasn’t that surprising considering how many times they have done it!

“The officials arrived at Masindi Stadium at around 5pm and agreed with police to conclude the rally within 30 minutes. Dr. Kiiza Besigye, the former FDC president addressed the residents and urged them to jealously guard their land from government officials who have turned to it for survival since they have stolen all the money for service delivery” (…) “Besigye ignored the directives and continued speaking leading to a heated verbal exchange between FDC party officials and heavily armed police personnel. As a result, Police threatened to use teargas prompting Besigye to cut short his speech and drive away with police patrol cars behind him. Waiswa told reporters that they couldn’t allow Besigye go beyond the allocated 30 minutes” (Ogga & Gucwaki, 2017).

So again, the Police Force has stopped a rally, another rally in the series of spreading the information of land grabbing and of making sure the citizens know their rights. That is deemed unfit and not the sort of subject the citizens need. Especially in districts close to the vast oil reserves, which the state intent to only to supplement the income of the President, not his fellow citizens. If it were, wouldn’t the new debt in the budgets be recovered sooner, instead of a Presidential Handshake?

Well, as state of affairs goes, the state continues to hamper with rallies of opposition, the police continue to vital part of politics, instead of fighting crime. The Police is more concerned with the moves of FDC and “Bad DP“, than of actual police work. The opposition are more often criminals, than the average chicken thief’s, just pound on that for a hot-moment. Certainly, it will be more chicken-soup and less chicken, boiled water on bones instead of flesh. Since, the Police Force cannot stop themselves from being political active. Their mandate under this administration is to subdue and silence the ones who does not comply with the vision of Museveni. Peace.

Reference:

Ogga, Thembo Kahungu Misairi & Gucwaki, Yosam – ‘POLICE STOP BESIGYE RALLY IN MASINDI’ (14.06.2017) – Uganda Radio Network – link: https://ugandaradionetwork.com/story/police-stops-besigye-rally-in-masindi

Post Navigation

%d bloggers like this: