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Norbert Mao the DP chief not Nominated as MP for Gulu Municipality

Norbert Mao NTV

Today is a special day, a former presidential candidate Norbert Mao who happen to be the Democratic Party in 2011, is after today not allowed to compete to become a MP from the Gulu Municipality, and we’re today told by Gulu Electoral Commission registrar Benson Obete for the reason of missing his National ID card. To top it all off now he cannot run as a MP, because he doesn’t have that National ID card(Had to say that twice!).

He had issues last time with photos and got a few hours to fix it(by the same Electoral Commission before the 2011 Nominations. This time it wasn’t that easy; because when the issuing of the National ID Cards he was sick (Reports are saying so). On that matter hen wrote to the Ministry of late General Aronda to get a reissue of the card. In so return nothing ever happen and Eng. Dr. Badru M. Kiggundu; has now said today; that he cannot give special treatment to any candidate.

Just a friendly reminder: Well, he did that with Yoweri Kaguta Museveni of the NRM, who didn’t need to be nominated by his party before he verified his nomination form like the other candidates did (I’m just saying). But that is another issue (Indeed it’s Mzee we’re speaking about).

Norbert Mao has been under fire since last election and the reckless fall of one of the oldest parties in the Ugandan country. He has been hectic activity since 2010. He was also parts of the ‘Walk to Work’ protest and a presidential candidate before that. He has had issues with the Police a dozen of times, seen rallies destroyed by police and been jailed. As so many opposition leaders and MPs has been now and then. Even totally pinked by tear-gas in Kampala (that picture is legendary); also rumored dead for a while during 2015, which we all know is not true. So let me give you some more quotes and issues in his political life!

Norbert-Mao 2011

Backdrops on today:

Mao we’re born on 12. March 1967. In 1991 he had been able to get bachelor degree in Law at Makerere University where he was Guild President school year of 1990/91. In 1992 he got the Post Graduate Diploma from Law Development Center in Legal Practice. From 1992 to 1996 he worked in two companies as a lawyer. From 1996 till now he has been an MP. And in General Election in 2011 he tried to be the DP Presidential Candidate.

DP Mao

Some of his love-life:

“Naomi Odong Achieng was seen leaving UK 16/10/98 in the company of Nobert Mao MP with whom she is reported to be deeply in love. Nobert Mao is a regular visitor to London and the relationship between the two has been going on for some time to the annoyance of Nobert Mao’s family” (…)”Last night I called Prof Ogenga Otunnu at his Offices at the York University Toronto Canada where he is a lecturer. I asked him if there was any rumour in the story that his wife had been snatched. He was reluctant to speak to me. He however confirmed that it was indeed true Mao had stolen his wife. He said that it was not news the relationship has been going on for some time now” (Masaba, 1998).

23rd October 2009:

He said: “In Gulu Municipality we had to exercise serious vigilance to beat electoral fraud. In 1996, my toughest election yet, even dead soldiers ‘voted’!! But I know only one way to meet a cchallenge – HEAD ON!! when you stand up to bullies you get beaten down. But at least you can get up…unlike those who lie down voluntarily…they will be down for good…So let us stand up for our right to make our votes count…”

18th November 2010:

He cited: “We are in Moroto! Last night 4 UPDF soldiers were busy tearing down my posters while putting up President Museveni’s. When challenged by my team, one cocked a gun. His colleague ordered him to shoot. Our police escorts disarmed him. If UPDF soldiers can do this then we are in a circus not a campaign. We are not campaigning against a party but the state itself. It is a mockery of democracy!”.opposition-leaders-sam-lubega-2l-upcs-olara-otunnu-and-others-were-weted-by-tear-gas-yesterday-picture-by-michael-kakumirizi1

In 2010 the year before General Elections in 2011:

He said this: “hose holding guns are entirely dependent on the gun. Those who are spending tax payers’ money on campaigns are dependent on money but we are relying on the ordinary Ugandan and everybody should know that DP has resurrected” (…)”We welcome whoever had temporarily taken refuge elsewhere to return home. Whoever fears rain can even seek shelter in a night dancer’s home but the rain is no more” (…)”I told them I am a Ugandan and I never filled any form to be a Mucholi (sic). I told them those who attacked the Lubiri did so before I was born” (DP, 2010).  If you forgot the troubling paperwork on the 2010 nomination: ““I declare Nobert Mao of DP, who has complied with all the regulations,” Dr Kiggundu said, amidst ululations and shouts of joy from the 20 man team.

However, Dr Kiggundu also said because of natural justice, Mao would be allowed some few hours to present another set of postcard photographs to the EC “because the ones submitted have one ear.”The team comprised of MPs, John Kawanga, Joseph Balikudembe, Mathias Nsubuga, and Jinja Mayor Kezaala among others” (DP, 2010).

April 18 2011 Statement:

We are now detained at Kiira Road Police Station. Seven of us are here facing ridiculous charges of being part of an unlawful society. They claim to have reinstated the old charges of inciting violence and holding an unlawful procession. We shall not be cowed. We remain resolute about the cause we have embraced”.

walk-work-@3double8

Reports from 2012:

Norbert Mao has already been a disappointment to the party, including all the neutral potential supporters who would have joined DP.  It is two years since Mao was elected, and there’s nothing that one can show” (…)”I have not seen or heard Mao and his executive in villages consulting and building the party, or empowering supporters, except during the elections. Yet DP would probably find it a lot easier to mobilise people since its values are very close to people’s hearts, and it has no history of engaging in killings” (…)”he has failed to reconcile the DP young leaders who connect very well with the voters. These are Ms Betty Nambooze, Mathius Mpuuga, Medard Ssegona and Erias Lukwago, among others” (…)”The DP that Mao leads has not even got an official website.  Ironically, Mao has a personal website where he regularly communicates to his followers, but not to the entire DP membership” (…)”Surely the DP party leadership can afford to build four rooms somewhere in outer Kampala to house our offices in a clean and respected area. I am not expecting Mao to use his personal wealth, and that’s why I am talking about fundraising not bankrolling the party” (Mwaka, 2012).

30th March 2012:

He cited saying: “My heart wept to see that displaced people who had returned to their homes in Apa, Amuru District have been beaten, killed and their houses burnt by the army and police on orders of the government. 25 people are in detention for saying no to this injustice. 9 people are unaccounted for. Police claims they shot dead two people but only produced one body. This is going to be a long struggle against a so called foreign investor who wants to turn our home into a game ranch! On Tuesday we shall see how to get the detainees out on bail…Truth will ultimately triumph…”.

norbert-mao-quote-museveni-has-not-kept-his-promises-to-west-nile-i

6th August 2012:

He said this: “We have just had a serious clash with NRM officials at Messiah FM when the radio talk-show host wanted to stop our program because Crispus Kiyonga and the NRM entourage were pressurizing him to close our program. We are filing an official complaint with the Media Council and the Broadcasting Council. Our program was cut to only 30 mins! Not just bad politics but also bad manners….”

30th July 2013:

He stated: “Police today surrounded the DP headquarters. Six pick up trucks downstairs, a police bus and our balcony swarming with armed riot police. My Press Officer Fred Mwesigwa bravely faced them off when they claimed that they had heard that DP was planning to deliver foodstuffs to families of police officers and so they had come to search DP offices. Mwesigwa told them that unless they produce a search warrant from court the party would exercise its right to self defence and protect its right to privacy. Eventually they cops went to the street level when it became apparent that no one was afraid of them”.

In August 2013:

He said: “The Public Order Management Act is the last nail in the coffin of civil liberties in Uganda. It is a monument to arbitrariness. It has amended the constitution by the back door concluding the formality of turning Uganda into a police state”.

Norbert Mao Quote

In November 2014:

“Mao said that he declined the Prime Minister’s position because he knew it was going to yield nothing for him and the people of Uganda whose interests he fights for” (…)”He says that the only way he was ready to work with Museveni was to restore peace in northern Uganda and take Internally Displaced people back to the homes” (ThemBokaHunga, 2014).

In September 2015:

He said: “The opposition is not as weak and unkempt as it seems. If the opposition was so weak and utterly in disarray as some people seem to think, Museveni would not be running around scared of losing elections” (…)”He (Museveni) would not be seeking to be guest of honour at every little ceremony in the country. Museveni is running around scared because for once he can smell defeat and he knows that the army will not defend him and keep him in power when he is defeated at the polls. He is desperate for a semblance of legitimacy” (Musinguzi, 2015).

And in a statement: “The Bank of Uganda will still be used like Museveni’s private ATM, the military and police will serve the role of appendages to the regime and the Electoral Commission will be but a figurehead as state operatives run the elections behind the scenes” (…)”Museveni was a Minister at the time when I was a primary school pupil. I am now 48. Museveni is combatting the onset of senility. He struggles to present an image of youthfulness. He does press ups to dupe the unsuspecting public that he still has stamina. He dabs in rap music to project the image of a man in tune with modern musical trends. But all that cannot beguile Ugandans. As Bob Marley sang, you can fool some people all of the time and you can fool all the people some of the time but you can’t fool all the people all of the time” (Musinguzi, 2015).

Mao Masaka Mbabazi 091115

Afterthought:

If he doesn’t get it fixed to become really nominated to be MP for Gulu Municipality which gives a free for all for the other candidates in that constituency and the candidates that are nominated there either UPC or NRM. This gives other parties than DP who has made head-weight by the voters in that area. Since one of their big men and main candidates since 1996 is not on the ballot in February 2016. I am sure this has something to do with his affiliation at the current moment. He has been on the trail with Amama Mbabazi and supported him as a TDA Joint Presidential Candidate that is one of the reasons why DP doesn’t have a Presidential candidate, the same with Justice Forum Uganda (JEEMA) and People’s Progressive Party (PPP) so on. DP is not alone, even the UPC who now has a deal with NRM has the same conundrum. They solved it differently and directly having a deal with Yoweri Kaguta Museveni.

For some time it seemed that DP was lingering towards NRM. That train has now left station. This proves the situation and how rigged the elections are. Certain bunch of losers from NRM Primaries can still be a part of the elections in 2016. They are running as Independents and have now worries. A number of them have been in talks with statehouse and they are already reassured from the Mzee.

The Gulu Municipality MP election results will be mind boggling and be weird. Since Norbert Mao will not be on the ticket. And he was going in for the President in 2011! Only – Made in Uganda! Peace.

Reference:

DP – ‘DP HAS RESURRECTED, SAYS MAO’ (26.10.2010)

DP – ‘I AM UGANDA’S OBAMA SAYS MAO’ (28.10.2010)

Masaba, Tony – ‘MP MAO STEALS EXILE’S WIFE; UK ACHOLI COMMUNITY OUTRAGED’ (17.10.1998)

Musinguzi, Bianshe – ‘Museveni Is Scared—Norbert Mao’ (08.09.2015) link: http://www.redpepper.co.ug/museveni-is-scared-norbert-mao/

Mwaka, Timothy – ‘Norbert Mao is a very weak DP leader’ (28.05.2012) link: http://www.ugandacorrespondent.com/articles/2012/05/norbert-mao-is-a-very-weak-dp-leader/

ThemBokaHungu – ‘NORBERT MAO REFUSED MUSEVENI’S OFFER FOR PREMIER’ (01.11.2014) link: http://thembokahungu.blogspot.no/2014/11/norbert-mao-refused-musevenis-offer-for.html

Uganda – Amendments to the ‘Anti-Corruption Bill 2013’ – Important changes to the existing law

2005_uganda_corruption_presser

It’s a proposed new amendment ‘Anti-Corruption Bill 2013’ that is dated back to 13th July of 2013. I will take the basic understanding of how the bill will be and what it can do if it gets into effect. The person behind this bill is Hon. John Ssimbwa who is MP of Makindye Division East. On the 7th of July 2015 this got passed in Parliament!

The important issues from the Memorandum:

First part is that is an extension and amendment of the ‘Anti-Corruption Bill 2009’. One of the main objectives of the bill is that the property of the offender the government can confiscate that from that legal person. That property will be controlled by the government and management by the public trustee appointment by the Minister in accordance with the Public Trust Act. One defect with the existing law is how to prove that set property was earned by the corrupt actions or indirectly by it. Because of this there is the reason for the amendment to the existing law.

Second part is how you define “property” and “political leader” which will entail more and describe broader in the new law after the amendment. In the new one the “political leader will be broaden the scope of the offence that caused the financial lost. Also figuring in “a company” to prove there are two “actors” in the actions of embezzlement, graft or general corruption. One new clause is also to incorporate Inspector General of Government (IGG) to service the court. And give more power to the Dirctorate of Public Prosecution (DPP) and IGG which will together restrict the owner of the bank accounts of the accused person. New clause is also to the persons who refuse to comply or give information to Special Investigator; with failure to follow the recommendation of the police will be incriminated, because with existing law there isn’t any response to it for the government. If for certain that a person is convicted for corruption for mandatory confiscation of any property to the person. And also in the amendment the person who will lose his property after being convicted will pay the cost for the transfer of the actual property.

Important changes:
From Section 20 setting in: “A person employed by the government, a bank, a credit institution, an insurance company, a company, a public body or political leader, who in the performance of his and her duties, does any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank, credit institution, insurance company, a company, or public body commits an offence and is liable on conviction to a fine not exceeding three hundred and thirty six currency points or to a term of imprisonment not exceeding fourteen years or both”.

From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

From the Section of 65:

“A Person is taken to have absconded if reasonable attempts to arrest the person under a warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall taken to have absconded on the last day of that period”. 

Meeting between Public Trust Act and the Amendment of the Anti-Corruption Act:

What these amendments to the existing laws is focusing on the property of the convicted person and how it all will be transferred to a Trustee Fund. This fund will be in power of the Government with the Inspectorate of General of Government and Dictorate of Public Prosecution will be in charge of. In the end this leaves more funds and properties into the government that will transfers from convicted persons and companies to the Trustee Fund.

A matter remain on the ‘Public Trustee Act of 1937’ has some issues and therefore need to amendment to see what the government of Uganda need to recover the embezzled money and property. The law in general is setting the standard on how the trusts are set up.

First section: “The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee”.

Third Section: “An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect” (…) “An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe”.

Fourth Section: “The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent”.

Sixth section: “When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case”.

Seventh section: “If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent”.

We can see the difference between the new law and the older Public Trustee Act of 1937 and the amendment on the Anti-Corruption Bill, which deals with the property of a felon and the consent part of transfer of the property. Especially when you see how it set limits on the government and how the applications of the public trustee where it specifically says in the Act of 1937: “no such order shall be made without his or her consent” while the Anti-Corruption Act Amendment says: “From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

As you see this gives the state a possibility to order and confiscate of property from the convicted person and also get the payment for the transfer of the actual property. So if this comes to effect and can take possession of it or custody when the person is under restraining. The Public Trustee will be under the IGG and follow the orders of the DPP.  This gives more power then what they currently have. So that the Directorates and Public Prosecutor get more powers when they have apprehended a suspect and get either suspend their money in accounts and also transfer the property of the convicted person.

This means those people that will get a stronger punishment and that the Public Trusts will soar in Uganda, if the IGG does it jobs and get bigger cases through the courts. This means that the minister who is in charge and making the Public Trustee funds has to be sober and in-charge to keep up his conduct and the supervision of the fund after transferring the actual property and freezing of the accounts.

It would be interesting to see the implicated changes of the law and also how the minister and Inspectorate of General of Government has to be sure that the property and accounts are parts of the charge. If these extra charges will make a difference in Uganda, is only time to tell because the way it will be seen is the actual results and if it benefits the court systems. Secondly if the transfers of properties and accounts go well, then the Government might over time get vast amount of monies from different accounts and also grand properties if the functions and prosecutions of corrupt politicians, governments’ officials, civil servants and businessmen get caught. Therefore the Trustee Fund under the Minister will be a giant over time and also need more resources to have accountability over it. Something that is natural with the pending issues and convicted people that will be hurt by this law if this amendment will be a new reality in Uganda. Peace.

Reference:

Bill Supplement No. 3 – Bill No. 7: THE ANTI-CORRUPTION (AMENDMENT) BILL 2013 (13.07.2013) in Uganda Gazette No. 34. Volume CVI dated 5th July 2013, UPPC, Entebbe Uganda Ordered by the Government.

THE PUBLIC TRUSTEE ACT of 1937 – Chapter 161

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