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@observer Wed, 31 Jul 2024 03:30:29

Law courts weaponized against political protesters

At least 32 protesters have been released either on police bond or granted bail by court after their arrest last week for participating in the march to parliament protests. Those granted bail by press time include Muhwezi Eric, Magara Brian, Kato Jeremiah, Kanunu Ashiraf, Onyango David Anderson, Kiyaga Eddy, Ssagala Abdul Rahman Kabanda, Abdul Majid, Mutibwa Innocent, Muwonge Vian, Abdul Bast Najib, and Maseruka Robert. Others are Pato Denis, Kalenda Abigail, and Nalunkuma Ruth. These individuals had been charged with crimes such as being a common nuisance and disobeying traffic rules, among others. Most were released on cash bail ranging from Shs 100,000 to Shs 200,000 and non-cash bail of between Shs 500,000 and Shs 2,000,000. According to Agather Atuhaire, one of the activists working to free those arrested, they have been diligently working to secure the freedom of all those detained since July 22.“Our job with my colleagues at Agora Discourse and some other well-wishers has been to track who is arrested, who is detained where, who needs sureties, lawyers, and fees for bail, etc. We have a list of all that. Luckily some people were released without being charged, slightly over 20. Those who were charged, the bail hearings started today [Monday, July 29] and 12 people were released on bail. There are six whose ruling for bail was deferred to August 8. So yeah, the exercise is tough in terms of mobilizing resources and sureties, but Ugandans are responding positively. We have another bail hearing [Tuesday], and Wednesday we wait to see how it goes,” Atuhaire said.According to a statement by the Uganda Police Force, by July 25, at least 104 people had been arrested, with the majority already produced in court and charged.“Between July 22 and July 25, 2024, demonstrators attempted to march to parliament in Kampala, leading to significant police intervention. July 22, 2024: Nine individuals were arrested and charged with common nuisance and traffic regulation violations, all of whom were taken to court. July 23, 2024: A total of 75 suspects were apprehended; 74 were subsequently taken to court, while one remains in police custody. July 24, 2024: Three individuals were arrested and charged with common nuisance offenses, all of whom were taken to court. July 25, 2024: Sixteen people were arrested; 13 were taken to court, and three are still in police custody,” a statement by police spokesperson Kituuma Rusoke reads.The rapid arrests and quick arraignment in court have raised questions about the impartiality of the judiciary in the ongoing political contestations. Activists have accused the judiciary of being used by the executive to abuse the rights of Ugandans. Makerere University lecturer Dr Jimmy Spire Ssentongo, one of the leading activists against corruption, stated that quickly charging protesters and sending them to long remand periods clearly shows the judiciary is tilted towards the executive.“Now some magistrates first punish you with long remand, then hear your case. When arms of government get obscenely fused, those who challenge the powerful in government are bound to always be guilty until proven innocent,” Ssentongo said on his X account.However, in a statement, the judiciary denied that it was taking sides in the contestation. “The Constitution...establishes the Judiciary as an independent arm of government mandated to administer justice. Suffice to say, judicial power is exercised in the name of the people and in conformity with the law, values, norms and aspirations of the people. In exercising this mandate, the courts act independently and are not subject to the control or direction of any person or authority. The Judicial Oath further mandates every Judicial Officer to administer justice without fear, ill will or affection,” the statement reads in part.The judiciary emphasized that its role is not to descend into the arena of disputes but, rather, to wait for matters filed before it for determination. “The criminal justice process involves, among others, reading charges to the accused, consideration of bail which may or may not be granted. These are judicial processes that are handled with judicial discretion,” the statement adds.SEXUAL HARASSMENT ALLEGATIONSAllegations of sexual harassment have surfaced following the arrest of individuals who attempted to march to parliament. According to Dr Jimmy Spire Ssentongo, several detainees reported being sodomized while in police custody. In a post on X, Ssentongo expressed his outrage, stating that sodomy was being used as a weapon against protesters.“Some of the released boys say that they were subjected to anal rape by police officers while in custody. Another NUP young man raised the same complaint upon release recently, on top of his teeth also being knocked out. So, a government that claims to fight homosexuality uses anal rape as a form of torture. How did we get here? How does a male police officer get turned on, lower his uniform pants, and force a young male suspect to bend over for him to work his rectum?” Ssentongo wondered.The police swiftly denied these allegations, calling them propaganda against the force. “The police are very conscious of the rights of suspects and take their responsibilities seriously. We implore you to desist from spreading false narratives and misleading propaganda that only serves to tarnish the reputation of the police force. Spreading malicious lies and baseless allegations is highly unprofessional and unethical,” a statement by police spokesperson Kituuma Rusoke reads in part.President Yoweri Museveni has vowed to deal ruthlessly with anyone who attempts to protest against corruption. In a statement last week, Museveni claimed to have intelligence that those participating in the march were agents of foreign interests.He also suggested that the charge sheets would be amended to reflect more stringent charges.“The evidence in court will shock many. As I said, the planners of these demonstrations wanted to do very bad things. The charge by the Police of ‘idle and disorderly,’ I suspect, was used because the deployed personnel did not have all the information. This was a high-quality, intelligence-led operation. I have most of the information,” Museveni’s statement reads in part.The organizers of the march have vowed to continue their protests despite the crackdown and have rejected Museveni’s characterization of them as agents of foreign interests. Museveni’s fears may be influenced by recent events in Kenya, where protests initially sparked by a controversial Finance Bill 2024 escalated into demands for President William Ruto’s resignation. Museveni has vowed never to allow a similar situation to unfold in Uganda. {loadposition inarticle}

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@observer Wed, 31 Jul 2024 03:43:20

OTIC Foundation equips Ugandans with AI skills

As artificial intelligence (AI) applications and systems continue to proliferate, with widespread use of platforms such as ChatGPT, Meta AI, Perplexity, and Brain Task AI, many people are becoming increasingly wary of being replaced by these technologies. Nesta Paul Katende, the founder of OTIC Foundation, believes that rather than fearing AI, people should embrace and integrate it into their daily work to boost productivity. Katende emphasizes the foundation’s goal of reaching over one million Ugandans to equip them with essential AI prompting skills. In partnership with the ministry of ICT and National Guidance, the OTIC Foundation has initiated training programs at the National ICT Innovation Hub. These programs have attracted over 715 Ugandans from diverse professional backgrounds, aiming to make them relevant in their fields amidst the rapid advancements in AI technology. “We have started the campaign ‘AI in Every City,’ launched last week at the National ICT Innovation Hub in collaboration with the Data scientists Network (DSN), the largest AI technology enterprise on the African continent,” Katende asserted. Participants are trained in various AI programs, including Microsoft’s Power BI, a business intelligence and data visualization tool, and Python Script, an AI-based machine learning course. Katende likened the significance of AI in today’s world to the steam engine during the first industrial revolution, emphasizing the necessity for people to understand and utilize these systems. He also highlighted that AI skilling by OTIC Foundation would enable Ugan- dans to establish sustainable businesses using AI technologies, making them relevant as the world transitions into the fourth industrial revolution, with AI as its cornerstone. Commenting on AI trends, Katende mentioned tools such as ChatGPT, Gemini, Copilot AI, Perplexity, Brain Task, and Meta AI, which are revolutionizing essay and research paper drafting. Ben Nakireza, head of Business Development at OTIC Foundation, stressed the importance of using the right prompts to get accurate answers from AI systems like ChatGPT and other generative AI tools. “With AI, it’s no longer crucial to know the answers; what matters is knowing how to ask the right questions,” Nakireza noted. He further explained that AI cannot replace humans but can take over repetitive tasks, urging people to be creative when using AI. “AI will task humans to innovate beyond repetitive tasks, making it imperative for us to be creative,” he added. Katende urged the government to establish regulations that ethically promote AI use, emphasizing the critical role of data in these technologies. He highlighted the importance of preventing data privacy invasion and believes government regulations can mitigate risks associated with AI misuse. The overall growth in value of the fund is for the most part based on the contributions of its more than 2.4 million registered members, annual recruits, and bitter- sweet returns from its fixed income securities. Not its counterproductive investment policy. {loadposition inarticle}   

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@observer Wed, 31 Jul 2024 03:54:20

NSSF’s investment strategy leading to massive losses in workers’ savings

When it comes to talking at great length and with growing enthusiasm about the numerous accolades collected in their trophy cabinet over the years; East Africa’s largest provident fund by asset value — National Social Security Fund Uganda [NSSF] doesn’t shy away from the spotlight. In flamboyant fashion, the fund parades its awards for financial reporting, communication and corporate governance to the contentment of its stakeholders who are primarily the workforce. NSSF’s accomplishments are usually backed by figures to validate the awards such as its total assets valued at Shs. 18.56 trillion [$4.9 billion] as of June 30, 2023. New members recruited since 2022 who are counted at 180,802 for the 2023 financial year [FY] and increases in fully paid benefits to members. However true that may be, a lot of information about the fund that paints a holistic picture is lost in translation since it’s buried deep in their financial reports where only a keen eye can ferret out. The information in question is important because it points to NSSF’s money, and how it’s managed; and signals whether the fund’s money is regressing, stunted, or growing. In that way, the stakeholders can hold the fund accountable, thereby guaranteeing its efficiency. There are several bits of information buried in NSSF’s financial reports that sound the alarm on its financial health and spell danger ahead if changes are not made. These red flags should be of keen interest to the workforce who are the backbone of the fund. Of greatest importance is the foreign exchange loss the fund incurred in the fiscal year of 2023 amounting to Shs 1.05 trillion [$282.5 million] up from Shs. 13.63 billion [$3.6 million] the previous year. This loss was a consequence of the Kenya shilling dropping in value against the Uganda shilling by more than 22.22% percent, the fund’s annual report for FY 2023 asserts. NSSF is heavily invested in Kenya, posting up Shs. 583 billion [$156.8 million] in Kenyan treasury bills and equities during the 2023 financial year alone. Add that to the negative 34.48 percent performance of Nairobi Securities Exchange when translated to Uganda shillings where NSSF is invested in a dozen companies. Some of the companies that the fund has invested in, in the Kenyan bourse are Absa bank Kenya, Safaricom, NCBA bank, Cooperative Bank Kenya and Diamond trust bank to cite a few. This investment has resulted in the loss of Shs 105.2 billion [$28.3 million] in equities in the FY 2023 for the fund, and a dip in returns from fixed income from 15.1 percent in 2022 to 10.45 per- cent in 2023. The losses in investment from Kenya are bound to get larger with financial challenges worsening because of the re- cent widespread protests opposing the Finance Bill 2024 which aimed to create revenue streams for the government to pay its debts. In this scenario, the liquidity risk of the fund from its Kenyan investments is heightened because returns are most likely not going to be availed at the right time. NSSF needs them to honour its obligations like mid-term payments. This is going to disrupt the flow of work within the fund. Interestingly, Kenya’s provident fund — NSSF does not return the favour because its last released annual report in FY 2020/21 disclosed that the fund only had interests in two Ugandan companies. That is, Umeme Limited through the Nairobi Securities Exchange, and Stanbic bank Uganda on Uganda Securities Exchange. NSSF’s interests in Tanzania are not any safer as the Tanzanian shilling weakened by 5.2 percent against the Uganda shilling in the 2022/23 financial year, and Dar es Salaam Stock Exchange market performance dipped by 4.02 percent. Overall, this led to a fair value loss on equities for the fund [where equities are sold below their market value] of Shs 125.948 billion [$33.8 million] for the year leading to June 30, 2023. The fund’s financial statements indicate that despite growth in real estate investments of 11 percent in FY 2023 equivalent to Shs 1.299 billion [$349.5 million], a jack up from 1.272 billion [$342.2 million] in FY 2021/22; net real estate income dropped from Shs 15.4 billion [$4.1 million] in 2021 to Shs 11.946 billion [$3.2 million] in 2023. Patrick Ayoba - NSSF boss This, it attributed to low occupancy rates, and house sales. Moreover, over 70 percent of the real estate asset class comprises undeveloped land. This means that the fund is going to increase investing in real estate despite a decline in yields from this asset class. As detailed, NSSF is suffering a massive haemorrhage of funds in all its asset classes mainly because of its cagey regional investment policy. These losses are not attached to a single bad financial season; rather, they have become the norm. For instance, the integrated report of 2020 recorded a Shs 15 billion [$4 million] loss in dividend income. The East African exchanges have cost the fund significant losses as far back as 2019, whereas the fund’s real estate projects have posted negative returns which are captured in NSSF’s integrated report of 2020 as a negative Sharpe ratio. In spite of acknowledging a 10.31 per- cent return on equities in the Ghana stock exchange, and a 14.81 percent return on Johannesburg stock exchange equities in their yearly report leading to June 2023; the region’s biggest institution maintains its 55 percent Ugandan portfolio while spreading the rest between Kenya and Tanzania. The fund will not even consider investing in inflation-protected bonds in South Africa. Section 30 of the NSSF Act 2022 reaffirms that investment of the fund’s monies may be determined by the board in consultation with the minister responsible for finance. This clause doesn’t place border restrictions. On why the fund has stuck with a regional investment policy despite the glaring shortfalls; former chairman of NSSF Uganda, Geoffrey Onegi Obel had this to say: “Generally in investing, lifetime savings of domestic workers should not be invested outside the domestic economy because it amounts to exporting Ugandan jobs outside instead of developing them within. As a fund manager, you only go outside for better returns you cannot get interiorly”. “NSSF funds should work to create jobs in Uganda. More jobs mean more members, more members mean more contributions”.“That being said, the fund treasury function should be alert to financial indicators and move in and out of portfolios looking for yields which build up to a strong year-end position which is the basis on which annual fund perfomance is determined”. Onegi Obel continues to suggest that “fund treasurers should not fear to get out of a declining portfolio and move proceeds to a stronger one because they fear being misunderstood for causing portfolio withdrawal loss”. The former chairman of the fund remarked that if left alone with a strong jobs policy, NSSF can double in size every five years. Every effort to get the managing director of the fund, Patrick Ayota’s statement on the recurring losses proceeding from NSSF’s investment policy was without success as he didn’t pick up my call, or, respond to my messages. When all is said and done, it’s not farfetched to dare say that the overall growth in value of the fund is for the most part based on the contributions of its more than 2.4 million registered members, annual recruits, and bittersweet returns from its fixed income securities. Not its counterproductive investment policy.  kidambamark@gmail.com {loadposition inarticle}

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