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Archive for the tag “UNRA”

Opinion: Mzee don’t want to bother foreign investors with taxes, just give him a Presidential Handshakes!

Well, I am biased, as the President are visiting Dubai for 4th Global Business Forum on Africa on the 2nd November 2017. President Yoweri Kaguta Museveni is trying to cater to foreign investors. People who he usually cater to at the State House, so he can get favors and Presidential Handshakes. That is why he isn’t bothered with taxes, because the tax-holidays and possible offerings will be huge for the investors who comes in. That is what the National Resistance Movement (NRM) are doing, especially if it is for instance a nations offering the state loan, than the same state can come with state-companies to build infrastructure like Chinese companies coming in after offering loans to the same NRM government. Therefore, just look at what he was saying yesterday, which is weird, but fit a pattern.

Since you are business people, we must be talking about profits. When you talk of Uganda and Africa, you are talking about peace as an enabling environment; which we have. We have raw materials, and have a population of 40 million people that’s’ a market. And if we talk of integration we have a four tear market” (…) “In Africa, the demand is there and growing because we have been under-consuming while the rest of the world the demand is falling because they have been over consuming” (…) “There are plenty of raw materials, minerals, tourism and so on so when you invest there you have access to all these” (…) “I don’t have to bother investors with taxes, what I want is for them to invest, use our raw materials, create jobs, add value and promote exports” (State House Uganda, 2017).

Well, so the President trying to say to foreign investors, you don’t need to pay taxes for your output, just cater to me. The state you don’t have to bother about, just bother about catering to the State House and me. We will add value and promote exports, we will agreements and make sure you get the value on our resources and low-payed workers.

We know who is the biggest taxpayers in the republic, because of Uganda Revenue Authority own statement in the media on the 31st October 2017, which stated names like Mr. Alnasir Virani Gulam Hussein Habib, Dr. Sudhir Ruparelia, Mohammed Hussain, Nakayima Janat, Karia Minex, Karia Kunnal, Alykhan Hudani and Dayalijil Karan. Who are sounding like foreign investors and they are on the top 25 biggest taxpayers in Uganda. So the state has already connected families from abroad to invest there in various businesses. This shows there are already people who is not worried about taxes, but about the output of their companies.

Some of these investors has made big names, while others have worked more in silence. Still, this shows that the top earners even promoted by URA and Doris Akol. Proves how they are working, as there wasn’t that many own citizens on the list. That shows that the foreign investors must get a special advantage and special agreements at the state house for their dealings. Especially, considering how it has been done, just for tearing down markets in Kampala for own investors and financial agreements. This has been done and arranged from the State House without consultation with locals, neither KCCA or the renters of these markets. That is how the NRM and Museveni do deals in favor of him and if he get ill-gained funds, he will support the “development”. It is in similar fashion he exposes his intent in Dubai.

That the State doesn’t need taxes or need structures to facilitate for foreign investors, they just needs agreements with State House and then it is all fair-game. It is insane, but fits the Modus Operandi of the Musevenism and NRM regime. Give him a Presidential Handshake and you can operate as you want in the Republic. Peace.

Reference:

State House Uganda – ‘President Museveni woos Arab investors to Uganda “We have the raw materials, human resource and market”’ (02.11.2017) link: https://www.africa-newsroom.com/press/president-museveni-woos-arab-investors-to-uganda-we-have-the-raw-materials-human-resource-and-market?lang=en

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Uganda Law Society (ULS) Statement on the Ongoing Industrial Action by the Uganda Association of Prosecutors (25.10.2017)

Opinion: It’s ironic that President Museveni is talking about disciplining the government!

The three arms of government and their sub-branches must have discipline. For example I have been involved in disciplining the army. We should do the same for other sub-branches of government. If the Judiciary is also disciplined in fighting corruption, citizens will lead a good life. – Yoweri Kaguta Museveni on the 1st October 2017, State House Entebbe.

Its just one of these days that hearing the news and seeing the tweets of the President, makes me laugh and wonder if he listen to himself. He knows his system and has made his garden. The way the government steers and govern is because of his policies, his regulations and his support. It is not like there been other ruling for last 30 years in Uganda. The Republic has been under the control of Museveni and his National Resistance Movement (NRM).

The NRM has suffocated all other free-will and control. Therefore, Ministers, Members of Parliament and others seek guidance and funds directly at the State House in Entebbe. Even foreign investors meet there to make agreements. Everything is nearly sanctioned out there. The Discipline now is more on the narrow-minded government that is run from there. The institutions and the procedures are not so important. Since most things happening is with the words from “above”, meaning the President and his close advisers.

It is not rocket science to know where the benefactor or the reason for lacking structures. That is because government waits for their go sign by the State House, they are waiting for funding of the projects and institutions from the State House. The projects and the works of the State House and under the Prime Ministers Offices are the key organizations within this government. They might say all of the massive cabinet has part to play, but that is the facade.

Therefore, it is ironic for a man so controlling and so disorganized that it gives sometimes way to the unthinkable. Just like the Presidential Handshake, that was sanctioned by the State House, but taken form the wrong account. That was the problem for the President, not that the corrupt behavior was occurring on his watch. Its like he talks against himself. Because he has no problem speaking anti-corruption, but if corruption benefit his cronies – its fine and dandy!

I am not surprised by him at this point of time, its fit his narrative. He says what he expects and wants out of others, but the next day he finds a way to benefit or use the loyalty of his cronies. Not like he would have excepted the UCC not to listen and stop the suspended MPs to hit the airways and be broadcast on TV. He rather being himself on radio and in the spotlight, but will accept anyone else sharing the same space.

President Museveni is the proof of someone saying something noble, but doing opposite. He might say something insane, but act rational. Therefore, you never know where you have him. I will never believe him actually disciplining the government, if doing so. It means they are all blindfolded and following his guidelines. It does not mean building proper governance and protocol, neither is institutionalize the departments and ministries, it is all about his will and his stature.

When it comes to Museveni, discipline is about following him. Not building transparent and proper government institutions. Peace.

NRM failing on bills again, this time to New Vision!

There been sent a letter to the National Resistance Movement (NRM) from the New Vision Group. The NRM and the President paper, who usually write all the favorable propaganda for the NRM Regime. Therefore, that the New Vision sent a letter on the 13th June 2017, didn’t pay for its adverts in the Vision Group in 2010 and 2011. In 2010, the party haven’t paid the bill of 508,886,927 Uganda Shillings and in 2011, the bill is 406,578,614 Uganda Shillings. The total lacking funds are 915,465,541 Uganda Shillings. So the NRM are closely behind to 1 Million in debt to the Vision Group.

Just like another report from the same campaign in 2016:

Judgement on admission is hereby entered against the respondent (NRM) in the amount of Shs4.9b. The issue of cost of the application shall be determined by the suit” Mr. Opesen held yesterday” (…)”The money arouse of supply 60,000 T-shirts, one million scarves and 200,000 sleeveless shirts” (…)”Kampala Modernity Stationers and Printers sued the ruling party in 2013 for contribution of the said money to be paid to Dubai based firm, Bright Arrows Trading which supplies the ready-made garments” (…)”M/S Bright Arrows Trading have sued Kampala Modernity for breach of contract leading to third party proceedings compelling court to add NRM as party in the case” (Buule, 2016).

So the NRM Party and the NRM Campaign of 2011, clearly the NRM Campaign of 2011 was not run well. The NRM Organization clearly doesn’t respect the providers of the needed materials for their campaigns. This are old bills from the previous presidential election campaign.

You can wonder if they have stifled the men and woman making campaign material for 2015 and 2016. As they have done for 2010 and 2011, as if the providers want to come forward and leak it now? It would be natural to complain a year after for the missed tab created by the ruling regime and the ruling party. Seemingly, the funds from the NRM party are not sufficient, as even parts of 2016, the NRM wasn’t paying out salaries to their own staff.

The organization isn’t functioning or have good audits of their accounts, since they are not paying on time or being able to plan their actions and campaigns. That is why the old bills keeps pumping. This is just another one. There might be more skeletons in the closet, we just have to wonder if the NRM has paid the bus companies and the other one delivering services during the campaigns. Peace.

Reference:

Buule, Jon – ‘N.R.M. in 4 billion debt over poor quality Yellow T.Shirts!!!’ (01.03.2016) link: http://mycampusjuice.com/2016/03/01/n-r-m-in-debt-over-poor-quality-yellow-t-shirts/

Uganda Local Government Workers Union (ULGWU) letter to PM Dr. Ruhakana Rugunda – “Reminder: Remunerations Enhancement for Local Government Workers” (29.08.2017)

Opinion: President Museveni praises Equatorial Guinea for it’s rampant Oil-Corruption; wants to learn his tricks!

In these days the President Yoweri Kaguta Museveni of the Republic of Uganda are on a state visit in Malabo, visiting and learning tricks from the Equatorial Guinean President Teodoro Nguema Obiang, who has used the oil to enrich himself and his loyal subjects. Not build a welfare state, but make sure the family of Obiang get wealthy. Certainly, Uganda is preparing for their own oil production in the Lake Albertine basin, as the pipeline building from the production to the Port Tanga in Tanzania.

This is why President Museveni are visiting Equatorial Guinea to learn the tricks of the trade, as the state of Uganda are still in the dark of the oil-deals between the international companies and the state. We can wonder how the funds will be spoiled and how Museveni plans to use the oil funds for personal gains. If so, he wouldn’t praise President Obiang, who has his whole career to spend the oil profits from his republic. This is what Museveni wants to learn, since his career has been tricking out all sorts of play from Ugandan republic. The petroleum profits can be misspent and hidden just like in the republic of Obiang. Take a look!

President Museveni’s praise:

We are therefore in Equatorial Guinea for two things: looking at how to support prosperity of one another and how to push for our strategic security. I also congratulate Equatorial Guinea for using it’s oil and gas very well. When I was last here for the AU Summit, I noticed gaps between the airport and the city centre. Today, all these gaps were gone. In their place are new, well-planned buildings. And I see the city is refurbished. Some people say oil is a curse but in Equatorial Guinea it is a blessing” (Yoweri Kaguta Museveni, 26.08.2017)

Business in Equatorial Guinea:

Since the discovery of the offshore oil deposits, many investors have shown great interest in the country. Foreign direct investment inflows into the country had thus been consistently high for the past years. Nevertheless, in 2016 the FDI inflow amounted to USD 54 million, a sharp decrease from USD 233 million recorded the previous year (and the historical peak of USD 2.73 billion in 2010) . The total stock of FDI in the country is currently at USD 13.4 billion” (…) “Corruption in particular is problematic. In addition, the business climate of the country remains rather unfavourable for investment. Cumbersome procedures and high compliance costs slow licensing and make starting a business more difficult. Weak regulatory and judicial systems may discourage foreign investment as well, along with high credit costs and limited access to financing. The government controls long-term lending through the state-owned development bank. Equatorial Guinea ranked 178th out of 190 countries in the 2017 Doing Business report published by the World Bank, losing three spots compared to the previous year” (Santander Trade, 2017).

Son of the President on trial:

The corruption trial of Teodoro Nguema Obiang Mangue, the son of the president of Equatorial Guinea, ended in Paris on 6 July with the prosecution calling for a three-year jail term, a €30 million (US$34 million) fine and the confiscation of assets. The Tribunal will return a verdict on 27 October. The 48-year-old vice-president of Equatorial Guinea was not in court to hear the prosecution’s claim that he used money stolen from his country’s treasury and laundered through a shell company to fund a lavish lifestyle in France” (Transparency International, 2017).

This was what that is well-known of the Equatorial Guinea corruption and the son of President has also had challenging cases in the United States. Now the son is also having alleged fraud and criminal charges in France. Clearly, the Ugandan President has already known for corruption behavior. Therefore, even a state agency of PPDA has some words, that the government needs strict regulations before procurement and infrastructure development. This will be clearly important when it comes to petroleum industry. Take a look!

PPDA strict regulation on public procurement:

Public procurement is a key pillar of the public financial management system. The country’s budget and plans are translated into actual services to our people through the public procurement system. It is also the link between the public sector and the private sector as it is the medium through which the private sector does business with Government. Public procurement therefore involves large sums of money and as our budget grows with the priorities of Government remaining infrastructure development, the proportion of the budget earmarked for public procurement remains significant and therefore calls for strict regulation” (PPDA, 2017).

Audits and investigations by the Public Procurement and Disposal of Assets indicate that corruption in the procurement process manifests more in the evaluation of bids, reported to be at 58%. PPDA’s Manager Capacity Building Ronald Tumuhairwe says such corrupt practices lead to awarding of contracts to incompetent individuals hence shoddy works in several government projects” (…) “He adds that the second process where corruption manifests is awarding of contracts at 12.5%, followed by receipt and opening of bids, reviewing evaluation of bids, advertising and signing of contracts” (Sebunya, 2017).

President Museveni clearly has own agencies saying it is important with strict regulations on procurement and infrastructure developments like the ones needed for oil industry in the republic. The regulation of oil industry is lax, to make sure the state isn’t transparent with its profits and taxation of the industry. This is what Museveni wants, that the state and the public doesn’t know the contracts or the agreements between the parties involved. That is something President Obiang surely have the capacity to teach Museveni. And how to make sure his family is earning from the state resource, instead of the public and the state itself. Peace.

Reference:

Transparency International – ‘ON TRIAL FOR CORRUPTION: FRENCH PROSECUTORS DEMAND JAIL TERM AND €30 MILLION FINE FOR OBIANG’ (11.07.2017) link: https://www.transparency.org/news/feature/on_trial_for_corruption_french_prosecutors_demand_jail_term_and_30_million

Santander Trade – ‘EQUATORIAL GUINEA: FOREIGN INVESTMENT’ (August 2017) link: https://en.portal.santandertrade.com/establish-overseas/equatorial-guinea/investing-3

Sebunya, Wycliffe – ‘Corruption manifests most in the procurement process – IG’ (25.08.2017) link:http://radioonefm90.com/corruption-manifests-most-in-the-procurement-process-ig/

PPDA – ‘EVALUATING INNOVATIVE ANTI CORRUPTION POLICIES IN PUBLIC PROCUREMENT IN UGANDA’ (02.08.2017) link: https://www.ppda.go.ug/evaluating-innovative-anti-corruption-policies-in-public-procurement-in-uganda/

China-Uganda relationship benefits the Chinese, BoU Paper states!

This should not surprise you, that the Chinese government and their subsidiary businesses are making sure they are gets the best deal with the Ugandan counterparts. The Bank of Uganda policy paper are spelling out the advantages for the Chinese in the bilateral and the state-to-state offerings given to the Ugandans. They are clearly getting infrastructure loans and plyaing minor rolse in GVCs, therefore, the Ugandans are people loaning for infrastructure and then repaying, while the Chinese contractors and Chinese labor are working on the indebted projects. Just take a look, it is not a positive read!

It should be emphasised, however, that for Uganda to leverage the shifting growth dynamics in China (such as a shrinking labour force, rising wages and an appreciated Renminbi), it must create a conducive investment climate. Low wages and a competitive exchange rate alone will not make much difference without reliable power and transport links, or in the face of suffocating bureaucracy and corruption” (Bank of Uganda, P: 6, 2017).

With the migration of labour-intensive manufacturing shifting from China and an improvement in investment climate, Uganda also stands to expand its involvement in global trade, including Global Value Chains (GVCs). Historically, countries like Uganda have played a relatively minor role in GVCs. Figure 5 below, which illustrates a useful measure of Uganda’s integration in GVCs, relative to other sub-Saharan countries, indicates that Uganda is below the average value-chain position for developing countries” (Bank of Uganda, P: 6, 2017).

It must be pointed out that while China has emerged as a significant financer of infrastructure projects in Africa, it still lags behind both private investment and the more traditional sources of funding. Recent research actually reveals that, over the past few years, China has contributed about only one-sixth of the US$30 billion Africa receives annually as external finance for infrastructure” (…) “Moreover, most of this financing to the transport and energy sector takes the form of state-to-state, non-concessional deals and comes from the Export-Import Bank of China (China Exim Bank). Examples of the major state-to-state deals signed with China Exim Bank in Uganda include: US$1.4 billion and US$483 million for Karuma and Isimba hydropower dams as well as US$350 million for the construction of the Kampala-Entebbe express highway” (Bank of Uganda, P: 7-8, 2017).

For Uganda, which has so far committed up to US$ 2.3 billion in contracts with China Exim bank and is soon to take on more debt for projects like the Standard Gauge Railway, debt sustainability is a growing issue of concern; underscored by the fact that the country faces a low tax-to-GDP ratio relative to its regional peers and significant public investment challenges. Uganda’s debt as a percentage of revenues has risen by 54% since 2012 and is expected to exceed 250% by 2018, raising calls for caution and improved public investment management from various policy circles including the IMF, World Bank and Moody’s, which downgraded Uganda’s long-term bond rating in 2016 citing deteriorating debt affordability” (Bank of Uganda, P: 10, 2017).

This here report shows both the possible troubles with the debt, that already are problem with current budget, but will become bigger. Secondly, that the relationship and bilateral business agreements with China, will only benefit China and not Uganda. As they might get the infrastructure projects, but they have to repay the debt and also use funds on labor from the Chinese contractors and businesses. They are not hiring and educating locals to work these sorts, because Chinese are getting their own hired.

This here is not bringing positive results, but instead are being a nice debt collector for China and will be indebted to them. While the Ugandans gets scarps from the Chinese, as the infrastructure projects like the Dam they have bought on debt, has been said is “shoddy” work. That proves the Chinese gets easy money, get expat workers and later returns on every single Yen. Peace.

Reference:

Dollar, David; Mugyenyi, Akura & Ntungire, Nicole – ‘How can Uganda benefit from China’s economic rise?’ (August 2017) – International Growth Centre Uganda & Bank of Uganda

OAG Muwanga explains in two reports problems and errors within the Petroleum Industry!

The Auditor General has two reports on the Petroleum Industry and the issues of Petroleum Data and the Petroleum Fund. The errors of the state, the PAYE of the tax to URA. Proves that the monies earmarked for the Petroleum Fund, ends up in the Consolidation Fund. This is proof of the problematic use of the added taxes before the oil adventure really takes off and the drilling of the explored blocks in the Lake Albertine Basin. Where already different international companies have come to drill and the state is making a petroleum pipeline to Port Tanga in Tanzania. Therefore, these vast resources and possible taxes created by the industry and within the Republic. Still, the default problems that the Auditor General address can be fixed. It is just a matter of morals and actually following guidelines. Some are even set in the Public Finance and Management Act of 2015, so if for instance URA follows it, the problems of transactions into wrong fund can create payment arrears and also future problem of spending by the state. Since the misuse of funds and taxes can be allocated to other than what they was expected, as the Consolidation Fund has other uses than the Petroleum Fund. Just take a look!

Petroleum Fund:

For the six months ending December 31, 2016, the Fund received non tax revenue worth UGX 922,348,854 (USD270,900) as surface rental fees from Tullow Uganda Operations Pty and Total E & P Uganda” (OAG, P: 7, 2017).

It was however noted that monies collected by Uganda Revenue Authority (URA) under the income tax on income derived from petroleum operations such as PAYE, VAT and WHT is not being remitted to the Uganda Petroleum Fund. This contravenes the Public Finance and Management Act 2015” (…) “In their opinion PAYE is not tax charged on income derived from petroleum operations but paid by the employees and as such it had been excluded from the definitions of petroleum revenues. Arising out of the above it was established that UGX.l1,390,530,053 collected through the commercial banks and remitted to the consolidated fund should have instead been transferred to the Petroleum Fund. Management has promised to remit it to the Petroleum Fund before closure of the financial year 2016/17” (OAG, P: 10, 2017).

During the period under review, the fund received USD 270,900 (Two hundred seventy thousand, nine hundred dollars) in respect of surface area rentals consisting of USD 113,400 (One hundred thirteen thousand, four hundred dollars) paid by Total E& P Uganda for the development areas of Ngiri, Jobi-Rii and Gunya and USD 157,500 was paid by Tullow Uganda Operations Pty Ltd for development areas of soga, gege, Kasemene, Wahrindi, Nzizi-Mputa & Waraga, and Kigogole- Ngara Unrealised foreign exchange gains worth UGX 15,093,435,449 have been recognised in the Statement of Changes in Equity. These arose from translating the USD opening balances and revenue collected during the period into UGX at the closing rate for reporting purposes” (OAG, P: 14, 2017).

Petroleum Data:

The oil companies did not fully comply with submission of reports relating to their drilling, exploration activities and operations as required. Delays and non-submission of reports results in an incomplete database which may reduce the effective use of the database in petroleum resource management” (OAG, P: vi, 2016). “The shortcomings in the management of petroleum data by the Ministry of Energy and Mineral Development may affect the completeness of the data on the existing petroleum potential, extent of reserves, and amount recoverable thus reducing Uganda’s ability to maximally exploit and benefit from its oil and gas resource potential. A thorough understanding of the resource base and its geographical distribution informs key decisions on the rate of exploitation and potential future revenues” (OAG, P: viii, 2016).

This should all be worrying that the State and the Industry isn’t sufficiently ready for the activity, as the URA cannot even allocate funds correctly. This is even before the Petroleum Data is taken care of and made sure that the exploitation and drilling happens where the best well is within the block. Secondly, the real value of the reports and the licenses that the state would offer to the companies. That because the flow of data and the status of it wouldn’t be where it could be. This is losses created by maladministration and lacking will of institutionalize the knowledge. Instead, the Petroleum Industry is controlled and has just a few handshakes away from the State House. That is why the URA might have delivered the funds to the Consolidation Fund instead of the Petroleum Fund. All of the potential might be wasted in the lack of protocol and care of resources management that is needed in the Ministry of Energy and Mineral Development (MoEMD).

The recommendations and the looks into the issues should be taken serious by the Petroleum Industry and the MoEMD. So the state could both earn more on the industry and also create more positive growth through the provisions that is already made in Public Finance Management Act (PFMA) 2015. So time will tell if they will be more reckless, if they will listen to the OAG or if the Presidential Handshakes will steal it all for keeping the NRM cronyism at bay. Peace.

Reference:

Office of the Auditor General Uganda – ‘REPORT OF THE AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THE PETROLEUM FUND FOR THE SIX MONTH PERIOD ENDED 31sT DECEMBER 2016’ (07.06.2017) – John F.S. Muwanga

Office of the Auditor General Uganda – ‘Management of Petroleum Data by the Ministry of Energy and Mineral Development’ (December 2016) – John F.S. Muwanga

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

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