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@observer Wed, 17 Jul 2024 10:19:50

Lawyers probed over billions for cooperative compensation

More than 10 lawyers from various law firms are set to appear before the Criminal Investigations Directorate (CID) of the police to record statements regarding the alleged mismanagement of funds intended for war loss compensation. This development follows an October 2023 report from the Tourism, Trade, and Industry Committee of Parliament, which implicated them in the mismanagement of compensation funds meant for cooperatives across the country.The committee, chaired by Mwine Mpaka, discovered that most payments for war loss compensation were not made directly to the beneficiary cooperatives but were instead funnelled through law firms. Many of these firms retained significant portions of the funds. Consequently, the Parliamentary Committee recommended that the CID, Inspector General of Government (IGG), and Director of Public Prosecutions (DPP) exercise their powers to conduct further investigations into the personal involvement and professional misconduct of the lawyers in relation to the war loss compensation to cooperatives.Among the lawyers cited are Ezra Kabali, who traded as Probata Advocates, and Masereje & Co. Advocates. They were implicated in massive fraud involving Buyaka Growers Cooperative Society, Uganda Cooperative Transport Union Limited, East Mengo Growers Cooperative Union Limited, and West Acholi Cooperative Limited.Nandaah Wamukoota of Nandaah Wamukoota & Co. Advocates was cited for professional misconduct related to Uganda Cooperative Transport Union Limited and Bugisu Cooperative Society. Other law firms cited included Madira and Company Advocates, which was mentioned in connection with the accountability of funds meant for Okoro Coffee Growers Cooperative Union.The committee noted that while Madira and Company Advocates requested Shs 871 million, they actually received Shs 940 million, thus rendering the entire document submitted to the committee suspect of fraud.“The Committee has reason to believe that the Union concocted these figures to make accountability for the monies they paid to Madira & Co. Advocates,” the report indicated.Also summoned for questioning is Justin Mungoma of M/S Mungoma & Co. Advocates, over his role in West Mengo Growers Cooperative Union. The law firm was imposed on the union by Michael Mawanda Maranga, member of parliament representing Igara East. Initially, the cooperative used the services of M/S J.M Musisi Advocates before Mawanda convinced them to use Mungoma, suggesting that they would only be paid if they did so.When Mungoma Justin & Co. Advocates received Shs 2 billion in payments from the ministry of Trade, Industry and Cooperatives, they reportedly only released Shs 50 million to the intended recipients and retained the remainder, which was later shared, including with MP Mawanda. The committee recommended that Mungoma Justin & Co. Advocates be referred to the Uganda Law Council for professional misconduct.OTHER LAW FIRMS ON THE SPOTKirya and Company Advocates The law firm Kirya and Company Advocates was cited for submitting fictitious accountabilities for Bumwambu Growers Cooperative Society under the leadership of MP Wamakuyu Mudiimi.The parliamentary committee reviewed expenditure instructions issued by Bumwambu Cooperative Union to Kirya & Co. Advocates and found that the cooperative’s expenditure amounted to Shs 13.7 billion, which was significantly higher than the Shs 11.2 billion received from the ministry of Trade, Industry and Cooperatives (MTIC). This left an unexplained excess of Shs 2.5 billion, making the explanation tendered unbelievable and the accountability doubtful.“This would imply that accountability was fictitious since the cooperative couldn’t have spent in excess of funds received from MTIC,” the committee noted.Kirya and Company Advocates were also cited in the case of Buyaka Growers Cooperative Union, linked to Mudimi, and could not account for Shs 3.8 billion received from MTIC.The committee recommended that Julius Kirya of M/S Kirya & Co. Advocates, and Ezra Kabali of Masereje & Co. Advocates be referred to the Uganda Law Council for appropriate action due to their professional misconduct and non-remittance of some funds to Buyaka Growers Cooperative Society Limited. The report also noted that the CID should investigate Ezra Kabali for holding out as a lawyer from Probata Advocates.Odonga OttoOdonga Otto, acting through his law firm M/S Odonga Otto and Co. Advocates, was recommended by officials from the ministry of Trade, Industry and Cooperatives (MTIC) to the East Acholi Cooperative Union Ltd for handling their war loss compensation claims.The chairperson of the Union, Allen Aceng, informed the parliamentary committee that she had objected to this recommendation, but the law firm instituted a suit against the union for non-compliance.As a result, the union was compelled to sign a consent agreement with the law firm, stipulating that the firm would retain 30% of the compensation paid by the government. Following the execution of this consent judgment with M/S Odonga Otto and Co. Advocates, wherein the law firm was to receive 30% of the compensation, the union was paid Shs 1 billion.On November 13, 2020, the secretary manager of the union, the accountant, and the cashier—who were the official signatories of the union—authorized the bank to deduct Shs 300 million from their account to pay Odonga Otto’s firm.The committee questioned the minister of state in charge of cooperatives, Frederick Ngobi Gume, to substantiate the union’s allegations that he had conditioned them to use M/S Odonga Otto & Co. Advocates as their representatives for war loss compensation.Gume told the committee, “Otto came to me and said, I come from this place, I have a law firm, why don’t you allow me to get a job. They could easily have refused. I did not force them but Otto was a Member of Parliament, he is a colleague... like you if you come, if you want to be assisted. You are an MP, I will treat you differently and then I gave them an option, well, this is a Member of Parliament, you use him. I did it... that one I cannot deny but they had an option to refuse.” Gume is quoted in the report as telling the MPs.John Matovu of Matovu and Matovu AdvocatesThe law firm Matovu and Matovu Advocates was contracted to pursue the war claims of Jinja Multi-Purpose Cooperative Society at a professional fee of 40% of the claim for compensation. However, when the government paid Shs 6.8 billion to the law firm, only Shs 1.030 billion was received by the cooperative society, and the remainder of the money could not be accounted for.John Matovu is also cited in the compensation case of Busoga Growers Cooperative Union Limited. The law firm, along with Makada & Partners, received Shs 15.070 billion for the cooperative compensation. Of this amount, Shs 2 billion was received by Makada & Partners, with Shs 200 million taken as legal fees, and the rest by Matovu & Co. Advocates after its contract had been terminated.Despite Makada charging only 10% of the compensation money, the cooperative chose to hire Matovu & Co. Advocates, who were charging a 40% fee.Ilukor Advocates and SolicitorsIlukor Advocates and Solicitors were cited in connection with the Teso Cooperative Union. The committee established that on June 22, 2017, the union engaged the services of M/S Ilukor Advocates & Solicitors under a contract and retainership agreement for a period of three years.The union was supposed to pay a retainer fee of Shs 134 million per year and the law firm was entitled to 35% of the government compensation for war claims upon payment. The committee noted, “This was irregular for a law firm to get that huge amount at the expense of the beneficiaries and it kills the intention of the entire scheme of the war losses compensations to cooperatives.”Isodo and Co. AdvocatesIsodo & Co. Advocates were appointed on August 30, 2019, as lawyers to represent Teso Cooperative Union on a retainer basis. Isodo took the union and its leadership to court, seeking an order to be appointed as the official lawyers representing the union.“The intended purpose of the lawsuit was to compel them to sign a resolution reinstating him as the Teso Cooperative Union lawyer, among others, in charge of receiving war loss compensation money on their behalf. This action of taking the union to court amounts to touting, which is not acceptable in the legal practice profession contrary to Section 75 of the Advocates Act, Cap 267,” the report noted.The committee further observed that upon receiving the cooperative’s money, Isodo paid himself up to Shs 240 million, disguised as payment for arrears for informal instructions executed by the law firm on behalf of the union for the period between 2015 and 2018.“The committee is aware that the said monies were paid by the Union even when there was no formal agreement between the parties and no resolution to that effect. The Committee notes that this was an irregular payment because instructions of such nature from the Union should have been initiated by the Board of Management formally,” the report concluded.Isaac Kato from Kasimbazi and Co. AdvocatesThe report noted that an unauthorized legal firm, Kasimbazi and Co. Advocates, represented by a purported lawyer named Isaac Kato, was paid Shs 15 million for unspecified legal services. The claim voucher lacked documentation for these services, and even the general manager could not justify what Kato Isaac did for them.Bailey Ociba of M/S Bailey & Company AdvocatesBailey Ociba received Shs 5.44 billion from the ministry of Trade, Industry and Cooperatives (MTIC) for compensation to Wamala Growers Cooperative Union Limited. However, according to bank statements, the union received only Shs 629 million.The report recommended that the Inspector General of Government (IGG) and Director of Public Prosecutions (DPP) investigate and prosecute all individuals, including lawyer Bailey Ociba, who illegally received funds meant for Wamala Cooperative.Other law firms cited for misconduct and fraudulent acquisitions of money meant for war compensation to cooperatives include Nassuna & Co. Advocates, M/S Ekirapa & Co. Advocates, M/S Century Advocates, Tropical Law Advocates, M/S Ampurire Associated Advocates, M/S Kabega, Bogezi & Bukenya Advocates, and M/S Sozi & Partners Advocates. {loadposition inarticle}

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@observer Thu, 18 Jul 2024 04:14:49

New O-level curriculum: Teachers still bent on rigorous assessments

Four years ago, the Education ministry through the National Curriculum Development Center (NCDC) rolled out the revised O-level curriculum which provides for a learner-centered education. The curriculum omits unnecessary testing and fosters critical thinking to solve problems. However, most teachers are still entrenched in traditional methods of rigorous testing, impeding learners’ ability to develop the expected essential skills for the future, write Yudaya Nangonzi & Shibah Nakakande.The 12-year review of the 1965 adopted curriculum was driven by a growing recognition that excessive testing at the school level stifled creativity, limited critical thinking, and induced stress among students. The new approach is meant to encourage learners to question, analyze, and synthesize information. The NCDC reduced the content overload and contact hours in classrooms to create time for research, project work, talent development, and creativity. Currently, the curriculum menu reduced from 43 to 20 subjects. A school is expected to select 12 subjects. At S1 and S2, learners are expected to offer 11 compulsory subjects plus one elective. At S3 and S4, learners offer a minimum of eight and a maximum of nine subjects, out of which seven are compulsory. The school day starts at 8 am and ends at 2:40 pm. Between 2:40 pm and 4:30 pm, learners engage in teacher-supervised time for their creativity and innovation sessions. In total, a learner must study for only 1,600 minutes per week – based on eight study periods a day of at least 40 minutes each. Despite the laid-out instructions, the resistance to change in most schools is enormous and impacts the ability of learners to adapt to the new changes in learning. REALITY IN SCHOOLS All learners interviewed for this story declined to be named for fear of apprehension by school authorities. However, they noted that overemphasis on exams had led to high levels of stress and anxiety. With two months left to the Uneb final examinations of the pioneer candidates, the scope of learning has been narrowed to what is testable. This is at the expense of achieving critical thinking and problem-solving skills. The prescribed study hours shifted to suit the demands of the school proprietors and teachers. One senior four candidate at St Andrew Kaggwa Gombe High School shared the frustration of feeling overwhelmed by the constant pressure to study. “We expect mock examinations soon and I’m always studying for the next test. There’s no time to understand some concepts because it’s just one test after another even during morning and night preps,” the learner said. As a result, most learners have resorted to memorizing information to pass the numerous tests. Some test papers are given as early as 5:30 am to 6:30 am and at night between 8 pm and 10 pm. This learner wakes up at 3 am daily to prepare for morning preps which begin at 5 am and end at 6:30 am. Normal classroom lessons begin at 7 am and end at 5 pm. At 6 pm, there are compulsory evening prayers for all religious denominations but some candidates dodge the sessions to prepare for tests. A parent to an S4 candidate at City SS in Wakiso said his child reports to school before 6:30 am and returns home at 5 pm. He, however, goes back to school for night prep and reports home at 9 pm. “I know the child is studying but I don’t even understand the grading system. My son used to explain to me but right now, he is also confused. I plan to visit the school before the term ends and they explain everything in detail,” the parent said. O-level candidates display their work under the new curriculum. Learners must be engaged in skill-based activities Some learners expressed concern about teachers missing lessons and tasking them to do research without following up on their findings to harmonize the content. In some schools, learners have resorted to using an artificial intelligence tool, ChatGPT, to help generate notes with ease because “the teachers don’t bother to ask where you got the content.” A learner at Trinity College Nabbingo said: “During group work, some students hardly contribute, yet marks are awarded to the entire group. In some occasions, a learner will do research but when they return to class, the teacher offers a different concept with minimal explanation, which confuses learners.” However, the learner commended the new curriculum for improving the self-esteem of learners. OVERWORKED LEARNERS Whereas learners, teachers, parents, and other stakeholders have since appreciated the revised curriculum, the story is different for most pioneer candidates. They are under immense pressure to sit tests, do project work, and undertake Activities of Integration (AOIs) or assessments after completion of each topic. Project work, AOIs, and assessment of generic skills contribute 20% to the candidate’s final marks. In April 2024, Uneb informed schools that the deadline for submitting these scores which started on June 4, is October 4, 2024. Any candidate without coursework assessments shall not be graded. Some schools have not started on the project work while learners are struggling to write project proposals and reports. One candidate said the situation worsened when Uneb released sample question papers in April/May 2024. “If it was the final Uneb paper, I would walk out of the room without writing a thing or get ungraded in my final marks. Our best student equally failed to do a question. The question format was different from what teachers were giving us.” The new curriculum focuses on higher-order thinking abilities to discourage learners from reproducing crammed responses. TEACHERS SPEAK Fredrick Dongo Shema, a Biology teacher at Nateete Muslim High School, said most teachers thought the new curriculum would not take shape. “Some schools kept teaching both the new and old curriculum at O-level – just in case the government rescinded its decision,” Dongo said, urging teachers to focus on full coverage of the syllabus. Rehema Bukirwa, a Geography teacher at Mengo SS, said: “The Covid period affected the S4 candidates so much. We are rushing to finish all the topics and activities of integration. This is not our doing but Uneb set a deadline for this work.” At Trinity College Nabbingo, Albert Cook Isingoma, a history teacher, observed that most teachers countrywide have not been retooled. “I visited a Kampala-based school with about 4,000 students but teachers have never glanced at a teacher’s guide of the new curriculum,” Isingoma said. He added: “Some teachers think the curriculum is about sitting in the corner while on WhatsApp and TikTok as students present their work. While we blame the government for ill-preparation, let us also work upon our work ethic.” Stephen Richard Katongole, the head teacher of Wakiso Secondary School for the Deaf, urged the NCDC to revise the content of deaf learners. Where a hearing learner understands a concept in 30 minutes, a deaf learner takes at least 45 minutes to an hour. “The new curriculum is good but heavy. Deaf learners’ content should be put into sign language such that they understand concepts better,” he said. OVER TESTING IS WRONG – NCDC According to Christopher Muganga, a curriculum specialist at NCDC, some teachers don’t match the curriculum demands and are not flexible, hence over-testing learners. A week ago, NCDC officials were in the field supporting teachers at the school level. They have so far covered the Northern, Eastern, and Western regions. Muganga said the officials observed that the attitude of the teachers was still wanting. “Teachers took long to believe in the system and are taking longer to adjust to the new teaching methods. They claim not to have time to plan lessons due to the heavy workload in schools but they don’t talk about the time wasted while running from one school to another,” Muganga said. The teacher-to-pupil ratios were also still high yet a maximum of 50 learners are required for each stream. Although some schools complained about limited instructional materials, “the few copies are also not utilized” He wondered why schools force learners to sit beginning, mid-term, end-of-term, and month exams which are irrelevant in the new approach. This is in addition to compulsory morning and evening preps. WAY FORWARD To further ease the implementation of the curriculum, Muganga insisted that teachers ought to rebrand themselves because the world has evolved. “Some teachers are too rigid to be retooled but you can no longer trust chalk and dusters to teach in class. As a teacher, work on your proficiencies and embrace the new approaches to teaching. You may need more allowances, and salaries, among others, but are you delivering up to the expected standards of the curriculum?” he asked. NCDC envisages 10 years for schools to fully embrace the new curriculum. Learners remain eager to learn and wish a similar approach would be extended at A-level. Until the ministry makes a U-turn on its decision to halt reviewing the A-level, experts are convinced about the uphill task ahead of learners relapsing to rote learning. nangonzi@observer.ug {loadposition inarticle}

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@observer Thu, 18 Jul 2024 11:49:24

NCHE orders Kyambogo Uni to close illegal study centres with 1,000 students

The fate of 1,129 students of Kyambogo University hangs in the balance following the recent declaration by the National Council for Higher Education (NCHE) that they are being taught at illegal, unrecognized centres. According to NCHE, these centres include Bushenyi and Soroti campuses, the former Kamurasi Primary Teachers’ College (PTC) in Masindi, the former Kabwangasi PTC in Butebo, and the former Bukedea PTC in Bukedea. In a July 2, 2024 notice to Prof Katunguka, NCHE notes that Kyambogo’s continued operation of the centres contravenes the law. However, Prof Eli Katunguka-Rwakishaya, the Kyambogo University vice chancellor, maintains that NCHE has no mandate to stop institutions from creating learning centres. According to Section 25 of the Universities and Other Tertiary Institutions Act 2001 (UOTIA), a tertiary institution has to first get NCHE approval before creating new learning centres, which Kyambogo University has failed to do. In essence, the courses taught at those centres are illegal and NCHE does not recognize the academic qualifications awarded to the graduates for employment and further studies. “The location of a public university established under UOTIA shall as may be provided in the instrument establishing it; however, that university may, with the prior approval of NCHE, establish a branch or a campus of the university in any other part of Uganda,” reads part of the letter. “We wish to remind you that NCHE does not recognise qualifications tenable from unapproved centres/campuses. The purpose of this letter, therefore, is to further require Kyambogo University to close the said illegal centres/campuses, and any other unapproved campuses that could be operating, with immediate effect.” BACKGROUND The controversy about the learning centres dates back to 2018 when Kyambogo University commenced operation of the Soroti and Bushenyi campuses. Prof Katunguka and staff disagreed on the establishment of upcountry study centres. The staff, in a petition to the Inspectorate of Government, questioned the move by the university arguing that it was never approved by the University Council and NCHE as the law requires. {loadposition inarticle}

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