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@observer Wed, 10 Apr 2024 09:19:41

How Congo’s timber is smuggled through Uganda

The Pulitzer Center Rainforest Investigations Network, in collaboration with The Africa Report, has launched an exclusive four-part investigation into timber trafficking in East Africa, spot-lighting Uganda’s role in this regional crisis.

This comprehensive probe unveils the exploitation of conflicts in the Democratic Republic of the Congo’s (DRC) north-east, facilitating the illegal trade of its protected hardwoods. Key East African Community economies, including Uganda, Kenya, Rwanda and Tanzania are found to benefit from this illicit trade, contradicting their environmental commitments.

At the heart of this shadowy network are influential figures linked to security services and politicians across East Africa, including Uganda. They play a pivotal role in ensuring the failure of border controls, allowing this illegal trade to flourish, according to the investigation. Corruption is rampant, with loggers and truckers greasing the wheels at border checkpoints and acquiring falsified certificates of origin for substantial fees.

This timber smuggling operation poses a significant threat to the Congo basin’s ecology and its role in the global fight against uncontrolled climate change. In interviews conducted for this story, Uganda government officials unanimously denied any involvement in the smuggling of timber from Congo.

“We have not received any such information about the smuggling of timber,” said Police spokesman Fred Enanga. “For more details, please contact the customs department; they will provide thorough information.”

“UPDF is not aware of any such smuggling activities unless there is concrete evidence to support these claims,” stated Felix Kulayigye, the UPDF spokesman, in an interview on Monday.

Tom Okello, the executive director of the National forestry Authority (NFA), also refuted these allegations.

“As the NFA, we are unaware of any timber smuggling activities from Congo. The only recognized market for Congolese timber that we know of is in Mpondwe. There, timber is legally sold, with revenue paid to the Uganda Revenue Authority (URA) for its importation into Uganda. We haven’t heard of any other markets, legal or illegal, for timber besides Mpondwe,” he explained.

However, research by the Center for International Forestry Research reveals that over 90 per cent of the timber traded through Congo Park in DRC lacks legal logging permits.

The extent of the exploitation is vast, with hundreds of millions of dollars worth of protected African hardwoods being looted from the DRC and smuggled into Uganda and its neighbouring countries over the past two decades. The primary species of trees harvested in Congo include Okoume and Sapelli:

• Okoume (Aucoumea klaineana) occupies an area of less than one million hectares.
• The Chaillu forest, renowned for its richness in tree species, hosts Okoume (Aucoumea klaineana), Limba (Terminalia superba), Ilomba (Pycnanthus angolensis), and Sipo (Entandrophragma utile).

In particular, Uganda’s border point of Lia is a focal scene of this illicit trade as night falls, according to Pulitzer Center Rainforest Investigations Network investigation. The bustling activity here paints a vivid picture of a prosperous business that extends across East Africa.

Yet, this economic boon masks a darker reality of exploitation, environmental degradation, and the perilous journey of Congolese timber.
Despite the international protection of species like African mahogany, the lack of rigorous border checks at points like Lia has enabled the unobstructed movement of these valuable woods.

This lax enforcement results in significant environmental and community harm. The investigation employed interviews, satellite imagery, and on-the-ground reporting to dissect the illegal logging supply chain, from Lia’s transformation to the broader network of buyers and sellers across Africa.

It brings to light not just the mechanics of the trade but also the human impact — stories of hope, despair, and a relentless quest for prosperity. Central to this series is a critical analysis of the legal and regulatory frameworks, or their absence, governing the timber trade in East Africa. Insights from local politicians, timber dealers, and conservation experts in Uganda and beyond reveal the depth of corruption, weak governance and ineffective environmental policies.

This series underscores that timber trafficking isn’t just an ecological issue; it’s a complex socio-economic challenge demanding a unified, cross border approach.

The illegal plunder and sale of Congolese timber in Uganda has been a contentious issue for many years. On February 9, 2022, the International Court of Justice (ICJ) ruled that Uganda must pay $325 million in reparations to the Democratic Republic of the Congo (DRC).

This compensation is for damages to individuals, property, and natural resources that occurred as a result of Uganda’s military intervention in the DRC’s conflicts between 1998 and 2003. The ordered reparations cover a range of transgressions, including the loss of lives and the plunder, looting and exploitation of resources such as gold, diamonds and timber during the period of military occupation.

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@observer Wed, 10 Apr 2024 08:49:36

NRM awaits formal proceedings on Mpuuga Service award

The National Resistance Movement (NRM), Uganda’s ruling party, through its Central Executive Committee (CEC), has reportedly not addressed the contentious issue of the Shs 1.7 billion allocation to the commissioners of parliament, according to information obtained by  The Observer.

This development was disclosed by Emmanuel Dombo, who serves as the director of Information and Publicity at the NRM secretariat. His revelation brings to light a significant matter within the party’s decision-making processes, particularly regard- ing financial allocations and parliamentary oversight.

Leaked resolutions from a Parliamentary Commission meeting held in May 2022 revealed that a decision was made to award Mathias Mpuuga, the now former leader of the opposition, a one-off service award of Shs 500 million. Additionally, three commissioners from the National Resistance Movement (NRM) - Solomon Silwany, Prossy Akampurira and Esther Afoyochan - were allocated Shs 400 million each.

This service award led to controversy and the subsequent suspension of Mathias Mpuuga, vice president of the National Unity Platform (NUP) for Buganda. He faces accusations of participating in the meeting and being involved in the allocation of Shs 1.7 billion. Despite his suspension, Mpuuga maintains that the allocation was lawful and affirms his intention to remain with the party.

When approached by The Observer for comment, Prossy Akampurira, the woman representative for Rubanda district, declined to speak on the matter, citing her maternity leave. Esther Afoyochan, the woman member of parliament for Zombo district, stated that the issue would be addressed at an appropriate time.

In an interview for this story, Emmanuel Dombo explained that the parliament is an independent organ of government, possessing its own leadership and self-accounting mechanisms. As such, it is accountable for its decisions unless those decisions contravene the law, as determined by the auditor general or the inspectorate of Government.

“In the absence of any formal communication by government agencies, it becomes futile to comment on something that is merely trending in the media,” Dombo stated.

He emphasized that the National Resistance Movement’s (NRM) Central Executive Committee has not yet deliberated on this matter, nor has it been presented to them. Dombo assured that if the issue is brought before the committee and a decision is made, the public will be duly informed.

“I doubt this matter will come up unless an investigation reveals illegal actions or violations of regulations, rules, or law. In such a case, the party chairman, Yoweri Kaguta Museveni, will provide guidance on the resolution of the matter,” he added.

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@observer Wed, 10 Apr 2024 08:01:52

The rise and fall of Kiswahili in Uganda

Last week, the Parliament’s Committee on East African Affairs made a significant appearance in parliament, advocating for the allocation of Shs 3.2 billion.

This funding is specifically aimed at facilitating the integration of Kiswahili language activities within Uganda. Noeline Kisembo, representing Kibaale district as a woman representative, highlighted a notable gap in the implementation process.

She pointed out that while there have been concerted efforts to incorporate Kiswahili into key Ugandan institutions, including the judiciary and cabinet, these initiatives have been hindered by lack of funding. The total funding needed for these Kiswahili integration activities amounts to Shs 3.25 billion.

Despite the government’s push for Kiswahili adoption, the process has encountered significant resistance from the Ugandan populace. This opposition has contributed to the stagnation in the adoption of Kiswahili, suggesting a disconnect between government initiatives and public sentiment.

The committee’s appeal for funding in parliament is a critical step towards overcoming these challenges and advancing the integration of Kiswahili in Uganda, aligning with broader East African Community goals. However, this effort also underscores the need for addressing the underlying resistance among citizens to ensure the successful implementation of Kiswahili language activities.

For years, ongoing efforts have been made to promote the Kiswahili language in Uganda, including its incorporation into school curricula to encourage its usage. However, these initiatives have encountered resistance, particularly among certain tribes and regions of the country.

In recent years, some individuals, including writers, have associated the resistance to Kiswahili with its historical use by rogue armed officers and criminals who communicated in the language while terrorizing Ugandans, especially during the turbulent political periods of the 1970s and 80s.

Phrases like “Panda Gari” (board the vehicle), “Kitambuliso yako iko wapi?” (where is your identity card?), “Funguwa Mulango” (Open the door), and “towa pesa” (bring money) remain deeply ingrained in the memories of those who experienced those difficult times.

BLAME PEOPLE, NOT THE LANGUAGE

Professor Ruth Gimbo Mukama of Kabale University’s department of African Languages acknowledges the validity in claims that the stigmatization of Kiswahili in Uganda is partly due to abuse by thugs and hooligans during the turbulent periods of the 1970s and 1980s.

Professor Mukama, a Fulbright scholar who started teaching Kiswahili at Makerere University in 1979 and is considered a pioneer in the language’s instruction at higher education levels, however, challenges the notion that Kiswahili itself is responsible for the actions of these individuals.

She highlights that in Western Uganda, burglars who spoke Luganda while committing crimes did not result in Luganda facing similar vilification. Mukama believes that blaming the language is a misplaced argument, as the responsibility lies with the individuals, not the language they speak.

Furthermore, this linguist and Kiswahili advocate points out that the negative perception of Kiswahili during the 1970s and 1980s often overshadows the fact that resistance to teaching and promoting Kiswahili had already existed for 32 years, from 1925 to 1957. This resistance was due to the competition for dominance between Christian missionaries and Muslims.

According to the professor, historical records show that Kiswahili was already prevalent in Buganda prior to the arrival of Europeans, introduced by Arab and Swahili traders. In Buganda, a considerable number of people were proficient in Kiswahili, with historical documents indicating that Arabs and Swahilis introduced both Islam and Kiswahili to some Baganda during the reign of Kakaba Ssuuna II (1832-1856).

During Kabaka Mutesa I’s era, many prominent chiefs, including Mutesa himself, were fluent in Kiswahili. The Baganda people’s continuous interactions with Arab and Swahili traders led to the gradual integration of many Swahili words into their language, which are still in use today. Notably, a significant portion of the vocabulary currently used by the Baganda is derived from Kiswahili, a fact that might come as a surprise to some.

Mukama, who largely taught herself Swahili while at the University of York in England, observed that Kiswahili became associated with the Muslim community amid religious tensions in Buganda.

“With three religious groups competing for dominance, language emerged as a powerful tool for one religion to gain an edge over the others. Even though many Christian missionaries were proficient in Kiswahili, they chose not to use it in their schools when introducing Western education,” she pointed out.

Viera Vilhanova, a renowned Slovak historian specializing in Africa, noted in her work that Kiswahili was the official language of the Uganda Protectorate from 1900 to 1912. She pointed out that the Anglican Church Missionary Society and the Catholic White Fathers initially adopted it as a medium of instruction.

In her paper titled “Swahili and the dilemma of Ugandan language policy,” she explains, “...the position of Swahili in Uganda was, from the outset, seen as jeopardized by the church due to its association with Islam, deemed a rival and ‘inferior’ religion. Consequently, both missions soon advocated for local languages, arguing that the Christian message would only be properly understood if taught in the mother tongue.”

Historical records from the 1920s show that, as the colonial government sought to formalize education primarily managed by missionaries, there were efforts to introduce Swahili as the language of instruction in schools. This move, however, met strong resistance from Catholics and Protestants, who associated Kiswahili with Islam.

Interestingly, the Roman Catholics, especially the White Fathers, were initially reluctant to adopt English as a medium of instruction. Fr. Waliggo discusses this in History of an African Priest, highlighting Henry Streicher’s (known locally as Munsennyere Sitenseera) resistance to English language instruction in the seminary’s early days.

Caesar Jjingo, a Kiswahili lecturer at Makerere University, and Marianna Visser, in their 2017 paper, re-examined the Phelps-Stokes Report of 1925. This report suggested the adoption of Kiswahili as the instructional language for middle grades, promoting it as a unifying communication tool across diverse ethnic groups and societies in East Africa.

Following this recommendation, Sir W. F. Gowers, the governor of Uganda at the time, issued a policy statement in 1927 declaring Kiswahili the language of instruction in schools within regions where Luganda was previously used.

“...other advocates for using Kiswahili as the language of instruction in Ugandan schools, including Hussey, the Director of Education, saw Kiswahili as a vital tool for bridging communication gaps across ethnic groups within the East African region. They also believed that Kiswahili literature could be accessible to those who hadn’t learned English or hadn’t received formal education,” the paper partly states.

In his prominent work History and Development of Education in Uganda, Professor John Cristome Ssekamwa observed that schools in Buganda, Busoga, Tororo, and Bugisu had been using Luganda since 1912 before Governor Gowers’ initiative to introduce Kiswahili. Professor Ssekamwa identified two primary reasons for the resistance to adopting Kiswahili.

Firstly, Kiswahili was linked with the Islamic faith, whereas Luganda was seen as more culturally embedded and specific to certain Ugandan ethnic groups. Secondly, Kiswahili’s lack of direct ties to any Ugandan ethnic group further hindered its acceptance as an instructional medium.

Traditional authorities in Ankole, Buganda, Bunyoro, Tooro and Busoga, aligned with the missionaries, were open to teaching Kiswahili as a subject but opposed its use as a teaching medium. In 1929, notable figures like Kabaka Sir Daudi Chwa II and the Omukama of Tooro objected to Kiswahili’s role in instruction.

From a political perspective, Professor A.B.K. Kasozi highlighted that the traditional rulers and their chiefs’ resistance to Kiswahili stemmed from apprehensions about the Closer Union of East Africa, which they viewed unfavorably. In 1931, Christian missionaries, going to great lengths, composed a nine-point opposition paper against using Kiswahili for instruction and government affairs in Uganda.

Signatories of this document included influential figures like Bishop J.W. Campling of the Mill Hill Mission in the Upper Nile, Bishop A.L. Kitching of the C.M.S. in Teso, and Bishop H. Streicher of the White Fathers of Lubaga. These missionary groups, having substantial sway in Uganda’s educational sector, consistently opposed introducing Kiswahili into the system, advocating instead for the promotion of Luganda.

LUGANDA FAVOURED

Luganda was favoured for educational and religious purposes, including prayers. However, as resistance from religious leaders intensified in the early 1930s, the push to promote Kiswahili in schools started to diminish. Facing considerable opposition, Kiswahili was confined to a few schools, primarily in regions where students from diverse linguistic backgrounds lacked a common indigenous language.

“By 1937, even the Government Kampala Teacher Training School at Nyanjeeradde near Makerere, which had been established to train Kiswahili teachers for national level instruction, closed,” Ssekamwa noted in his book.

The promotion of Kiswahili, previously challenged by Governor Gowers, suffered a setback with the appointment of Philip Mitchell as the new governor, who showed little interest in the language’s advancement.

The De La Warr Commission’s recommendations in 1938 further undermined Kiswahili, suggesting that English should be the language of instruction from primary school levels. This led to the 1952 language policy that effectively removed Kiswahili from Uganda’s education system.

Professor Mukama underscores that this policy was the definitive factor that sealed Kiswahili’s fate before Uganda’s independence. She observed that this occurred before the tumultuous eras of the Obote and Amin regimes, which are often mistakenly thought to be the primary reasons for resistance against Kiswahili.

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@observer Wed, 10 Apr 2024 08:22:43

Besigye’s tours unsettle Amuriat, Nandala, NUP

Dr Kizza Besigye, a four-time presidential candidate and former president of the opposition Forum for Democratic Change (FDC), is causing a stir in Ugandan politics.

Previously perceived by many as a diminished figure, Besigye has recently surprised observers as large crowds have gathered to welcome him in various locations he has visited. Starting last month, he embarked on a nationwide tour to consult FDC members about the future of the party, which was once Uganda’s largest opposition group before being overtaken by the National Unity Platform (NUP) in the 2021 election.

This renewed activity has reignited discussions on social media, especially among NUP supporters. This resurgence of interest follows a period of relative quiet after Besigye began publicly collaborating with Robert Kyagulanyi Ssentamu, president of NUP. NUP supporters have particularly focused on Besigye’s recent declaration in Rukungiri, interpreting it as an indication of his potential interest in the 2026 presidential race.

Despite these speculations, Besigye has consistently expressed his skepticism about the effectiveness of elections in ending President Museveni’s nearly four-decade-long rule. His stance reflects a broader debate within Uganda’s opposition about the best strategies for political change and highlights the ongoing dynamics and challenges within the country’s opposition movement.

The tension is palpable not just within the National Unity Platform (NUP) but also within the Forum for Democratic Change (FDC), as internal conflicts arise. Patrick Oboi Amuriat, the president of FDC, has expressed concerns to the media about the need to take legal action against Dr Kizza Besigye and others for allegedly imposing themselves as leaders of the FDC.

The party has experienced significant internal strife, particularly following accusations by Besigye and his supporters that Nathan Nandala- Mafabi, the secretary general of FDC, and Amuriat accepted substantial funds from President Yoweri Kaguta Museveni for use in the 2021 general elections.

TWO FACTION FDC

Since these allegations, the FDC has been divided into two factions: one led by Amuriat and the other by Kampala Lord Mayor Erias Lukwago. Since his election in October of the previous year, Amuriat’s leadership has reportedly lacked notable activity. Attempts at party mobilization by the Amuriat-led faction have been met with limited enthusiasm.

A party official, involved in the FDC Najjanankumbi faction’s mobilization tour, confided to The Observer about the generally low morale among FDC supporters nationwide. This situation within the FDC reflects the challenges facing opposition parties in Uganda as they navigate internal disputes and broader political dynamics.

“Truth be told, this is not the FDC I once knew. If we even manage to secure 10 members of parliament in the next election, it would be a miracle. Amuriat and Nandala are particularly challenging to promote, especially following allegations of accepting money from Museveni,” said an FDC member of parliament aligned with the Amuriat faction, who requested anonymity for candid discussion.

FDC currently holds 30 parliamentary seats. Originally winning 32, the party faced setbacks with Moses Atan’s defeat in Soroti West and the passing of Cecilia Atim Ogwal, whose daughter was recently defeated in a by-election. Another party official, speaking under the condition of anonymity, criticized the management style of Nandala, the party’s secretary, whose position is being withheld to maintain confidentiality. “Nandala’s management of the party is highly inefficient.

Even basic necessities like water for meetings cannot be procured without his permission. Amuriat seems powerless, as nothing progresses without Nandala’s approval. It’s incredibly frustrating,” the official revealed.

Therefore, Besigye’s recent nationwide consultation tours have emerged amid a party grappling with survival, possibly explaining Amuriat’s strong reaction. Amuriat appears to perceive Besigye’s actions as a threat to the stability of the nearly 20-year-old party.

Speaking with The Observer, Harold Kaija, the acting secretary general of the FDC Katonga faction, discussed their current efforts. According to Kaija, their tours are designed to consult FDC members about the party’s future direction. In February, the party convened a National Council meeting where six resolutions were passed in response to the internal fallout.

These resolutions include attempts to reconcile with the Najjanankumbi faction, considering the formation of a new political group, pursuing legal action regarding the election of Amuriat and his colleagues, and potentially joining other political parties. Kaija noted that, with the exception of Kasese, FDC members in regions they have visited are largely in favor of establishing a new political party.

“What we are doing is acting upon the council members’ decision regarding our future course. We have visited sub-regions including Buganda, Busoga, Ankole, Kigezi, and Rwenzori. Except in Kasese, where people expressed a preference for first attempting reconciliation with the Najjanankumbi group or forcefully evicting them from our party headquarters, the consensus elsewhere leans towards forming a new entity,” Kaija said. He suggested that Amuriat’s frustration with their mobilization stems from his faction being a “shell without people.”

He accused Amuriat’s group of misrepresenting themselves to Museveni and leading a party devoid of actual followers.

“There’s still a court case pending to determine the legitimate leadership of the FDC. Unless Amuriat knows the judgment outcome, we remain legitimate FDC members with every right to mobilize for the party,” he added.

Regarding some opposition supporters’ belief that Besigye is aiming to regain his status as a leading opposition figure, Kaija clarified that this is not their primary focus. Their current activities are centered around determining the best path forward for their faction and the FDC at large.

SIMPLY CONSULTING

“We are simply consulting, and if anyone interprets it differently, that’s their issue. Dr Besigye has repeatedly stated his belief that Museveni cannot be ousted through elections,” Kaija stated.

In a conversation with The Observer, Walid Lubega, the deputy publicity secretary at the FDC Najjanankumbi, expressed concerns about Besigye’s current activities.

“We wouldn’t have an issue with Besigye and his associates if they weren’t persuading FDC members to leave the party,” he said.

“Dr Besigye has been a key figure in mobilizing for the party, but now he seems to be doing the opposite. They appear to be forming a new party and are using our party structures to initiate it. When the FDC was established, I don’t recall any consultations with DP and UPC. They are utilizing our structures, logo, emblem, and other materials to campaign against us. It falls upon all party leaders to safeguard the party,” Lubega elaborated. He recognized that while Besigye and his group are still FDC members, their current actions conflict with the goal of fostering a unified FDC.

“The individuals leading this effort are currently our members, and they carry significant influence in our party. Imagine Dr Kizza Besigye inviting a sub-county leader to a meeting; he will undoubtedly be heard due to the respect he commands. Therefore, when we see them engaging with our leaders, it is a cause for concern. If we weren’t worried, it would indicate irresponsibility. As the current leaders of the FDC, we cannot permit anyone to exploit our party structures,” Lubega explained.

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@observer Wed, 10 Apr 2024 08:43:59

Why Ssenfuka wants Butabika to subject minister Mayanja to mental exam

Last week, court failed to start hearing an application seeking to compel Butabika national mental referral hospital to subject the state minister for Lands Sam Mayanja to a mental examination.

Esta Nambayo, the judge who had been allocated the file, said she wouldn’t properly serve justice having already expressed reservations about the application. Renowned herbalist and businessman David Ssenfuka is the man who wants Mayanja to undergo mental evaluation.

When the case came up for hearing on April 5, Nambayo recused herself and ordered that the file goes back to the registry for reallocation.

It has since been allocated to Judge Boniface Wamala. In the application filed on January 9, 2024, Ssenfuka, through his lawyers of IBC Advocates, wants the court to direct the executive director of Butabika Dr Juliet Nakku to conduct an involuntary mental examination of Mayanja in order to establish whether he is of sound mind.

In his application, Ssenfuka says he has written twice to Butabika hospital but he has never been replied too yet he believes it is urgent that the mental status of the minister is established because according to him, he might plunge the country in a crisis because of the orders and directives he gives as he goes about solving land disputes.

The application says although the Mental Health Act 2018 bestows the duty on relatives to force the involuntary mental examination of anybody suspected of having challenges, Ssenfuka alleges that he tried to reach out to Mayanja’s relatives and all declined to take on the challenge.

“The respondent is seized with the legal duty to act upon a tipoff by any concerned person to cause an involuntary examination, admission and treatment of a person suspected of a mental illness...the applicant is vested with no alternative to establish the upright mental cognition of Sam Mayanja save through petitioning the respondent as is stipulated under the law,” Ssenfuka’s application reads in part.

In his affidavit sworn in in support of the application, Ssenfuka says there is reasonable cause for concern that Mayanja needs to be subjected to mental examination because of his “repeated unwise decisions that have put him at the risk of harm, abuse, ridicule or exploitation.”

Ssenfuka says it can be understood when a public official makes genuine mistakes in the course of their duties but for Mayanja, it has gone beyond what can pass as a mistake. He says a lawyer like Mayanja can’t go on giving orders to arrest people, cancel land titles or dismissing police officers he accuses of assisting what he calls land grabbers.

Ssenfuka, in his application, says he witnessed first-hand what he calls Mayanja’s incoherent directives when he ordered that he (Ssenfuka) be arrested for allegedly evicting bibanja holders on his land located at Budda village in Bukomansimbi district. In an interview, Ssenfuka said a lawyer who disrespects court decisions, who says landlords have no right to own land because they are not the ones with user rights, a who says the president needs to and disband the entire judiciary can’t be acting normally.

“Clearly what he is doing is illegal but I don’t want to waste my time to take him to court before establishing the fact that he is within his normal senses. That’s why I want Butabika to first subject him to a mental examination and if he is found to be stable, then we definitely we shall sue him. If they find him not to be in charge of his mental faculties, then the hospital must be compelled to treat him,” Ssenfuka said.

In support of his application, Ssenfuka attaches a transcript of what Mayanja said while meeting people holding bibanja on his (Ssenfuka’s) land. In one of the excerpts translated by Makerere University’s department of Literature, Mayanja says that whoever evicts a kibanja owner is a trespasser, because the kibanja owner is the occupant.

“The title owner is not the occupant. Therefore, when you come and chase him/her, you are the trespasser. I am surprised that until now, that trespasser has not yet been arrested. DPC, do you fear the man? I thought that you swore to protect the Constitution of Uganda and all laws, without fear or favour... Why do you arrest bibanja owners who have no problem, and you leave these people who break the law? I am now ordering, as a representative of the executive, the chief fighter; I am ordering the RDC; use your executive committee to quickly prepare a warrant of arrest, and look for this man Ssenfuka, and arrest him...For very many offences; the first one, fraud and forgery. All the evidence has been heard here; all the things that the man is moving with, the titles he has, are forged,” Mayanja’s transcript reads in part.

In another, the minister says the Chief Justice Alfonse Owiny-Dollo should be replaced because he has failed to do his job.

“The judiciary is holding the executive [at ransom]. I am here, but the LC-V is not here, why? Because the judiciary made an order that he should not be here. I am here when the RDC is not here, because the judiciary made an order that he should not be here. What kind of judiciary is that? Therefore, I will take information to the president, and he will use his authority to disband the entire judiciary...There are new people that can do these jobs. And you, Owiny-Dollo, have always been telling us that we should give you evidence. Don’t talk, you people in the judiciary. I want Owiny-Dollo to tell us what he has done about this case that has taken 17 years in court. Is that the judiciary that he is leading, which he says we should not talk about? We want to hear why people are being arrested...a judge sits on the bench and asks for a million and no one talks about them? Is that the judiciary that he doesn’t want us to talk about? We are declaring today . . . if he doesn’t do anything, he should also leave the bench. We are fed up... People, who is leading this country, the president or judge?” Mayanja said.

In response to the application, Dr Nakku said that Ssenfuka has no locus to bring about the application let alone seeking the orders that he sought.

“I know that the application does not fulfil the conditions required for the involuntary admission of a patient to Butabika Hospital... the applicant has not provided any proof to show that he approached the relatives of Hon Sam Mayanja regarding his mental stability and that the relatives declined to cooperate,” Nakku’s affidavit in reply drawn by the Attorney General’s chambers reads in part.

It adds that Butabika hospital is not obliged to cause an involuntary examination of any person suspected of mental illness but, rather, it can only receive a person as an involuntary patient for treatment and care if the request satisfies the conditions for involuntary admission.

“Involuntary admission is not the only means by which Hon Sam Mayanja may be provided with care, treatment and rehabilitation that will benefit him as alleged by the applicant...this application is brought in bad faith, an abuse of court process and the applicant is not entitled the remedies sought,” Nakku’s affidavit reply reads in part.

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@observer Wed, 10 Apr 2024 07:02:55

UCC to reintroduce data usage monitoring tool

For the past few weeks, social media has been awash with complaints from internet users on how fast the data they load on their digital devices like mobile phones and computers gets depleted before even serving the intended purpose with most of these accusations being addressed to telecom companies.

Following these complaints, Uganda Communications Commission (UCC), the regulator of telecom companies, is set to reintroduce a tool which will help internet users to monitor their internet speeds, data usage, and other issues related to data uptake.

The tool, which is an app named NetQ-UG is a web-based speed test tool that enables any user of the internet in Uganda to measure the data speed and other performance elements of their internet connection at a given time.

Through this tool, users will be able to independently do instant checks and monitor the quality of internet services as received from their service providers in Uganda, independently monitor their usage of data bundles, acquire information to facilitate planning and direct engagement with their service provider over their quality of experience.

Through crowd-sourcing of anonymised data of its users, the tool provides insight into the coverage of the communications services and the quality of service offered across the country.

According to George William Nyombi Thembo, the executive director of UCC, the commission procured the tool in 2021 but it has been out of use.

However, he says, they are currently in the process of renewing the contract of using the tool which they hope will be available to consumers in the next one month indiscriminate of the medium of access that the person uses to connect to the internet whether cellular or other wireless technologies such as optical fibre.

“UCC remains steadfast in its commitment to ensuring fair competition, transparency and accountability across the ICT sector. Telecom regulators worldwide balance the interests of consumers, government and operators. We do this by powering consumers to make informed choices and ensuring that the telecom market operates competitively while espousing a regulatory environment that facilitates optimum investment in the telecom sector,” he said.

Thembo, however, added that they can only do this by clearly understanding the business modules of operators as they listen to consumers’ concerns since they do not regulate to kill innovations much as they ensure that every product in the market is competitively priced.

“Balancing affordability and ubiquitous connectivity is such a knife-edge walk that requires informed regulatory interventions. Otherwise, a regulator that pushes populist buttons would disrupt the market to the disadvantage of all stakeholders. We, therefore, ask for understanding, more so from the consumers,” he added.

Other than the tool, Thembo revealed that government is in advanced stages of putting in place a communications tribunal which will be another layer of arbitration on top of their regulatory oversight.

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@observer Wed, 10 Apr 2024 07:27:13

Top officials evade tax – traders

Local Ugandan investors, represented by the Uganda National Chamber of Commerce and Industry (UNCCI), are urging the government to treat them on par with their foreign counterparts and to curb the detrimental behaviours exhibited by politically affiliated business entities aligned with the ruling elite.

These sentiments were expressed during a meeting between UNCCI members and officials from the State House Investors Protection Unit, led by its commander, Colonel Edith Nakalema.

The gathering, presided over by UNCCI president Olive Kigongo, aimed to assess the local investment landscape. Barnabas Kiisa, UNCCI chairperson for Mbale city, voiced concerns about the allocation of land in the Mbale industrial park, citing the exclusion of local investors.

Kiisa highlighted his own experience, stating that despite meeting all criteria, he was denied land allocation due to alleged non-compliance with certain expectations.

“When we were receiving the Mbale industrial park, we expected that it would allocate maybe 50 per cent of the land to local investors for them to invest. Surprisingly, they don’t own even 20 per cent; it is largely the Chinese, and it was part of a deal between them and the Uganda Investment Authority. Personally, I applied but was never given the opportunity because I did not conform to the expectations they had. I presented all my documents, my company meets the age requirements outlined, but still, the corruption in the system prevented fair allocation,” he explained.

Kiisa advocated for equitable tax incentives for all investors, regardless of origin, suggesting a maximum tax holiday period of five years. He raised concerns about foreign investors benefiting from extended tax breaks, often without yielding substantial results, and exploiting incentives by reallocating them under different entities. He also highlighted disparities in tax obligations, noting preferential treatment afforded to influential figures such as politicians and military officials.

“There is blatant tax evasion among top-ranking officials, while law-abiding investors bear the brunt. This inequity undermines the collective contribution to Uganda’s development,” he emphasized.

The investors further called for streamlining the myriad investment facilitation systems and agencies to mitigate corruption and streamline procedures. Olive Kigongo emphasized UNCCI’s role as a facilitator for both local and international investment, criticizing the proliferation of intermediaries and their unethical practices.

“In many countries, the chamber of commerce is the sole facilitator of business, but here you have UIA, URSB, and many others, which breeds corruption. And with due respect, many law firms have also started facilitating investors, and most of them are unqualified. These numerous centers are confusing and time-consuming,” she said.

Responding to the investors’ grievances, Edith Nakalema commended their proactive approach and assured them of the government’s commitment to safeguarding local investors’ interests. She affirmed the government’s duty to protect local investors while promoting foreign investment, pledging to address the concerns raised through appropriate channels.

“The government has the mandate to protect local investors, and we are in talks with the security agencies about those foreign investors who engage in retailing. I also request you to put all the concerns you have presented today in writing, and I assure you I will forward them to the relevant offices and follow them up for action.”

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@observer Wed, 10 Apr 2024 07:34:42

High court halts bank sale of Shumuk places in Nakawa, Lugogo

A March 26 ruling by the High court has stopped the sale of two multi-billion properties owned by businessman Shukla Mukesh.

John Paul Eduko, the High court registrar, halted the sale of the Shumuk Aluminium Industries Ltd plant in Nakawa as well as another prime property in Lugogo UMA showgrounds until the disposal of a suit between Mukesh and Bank of Baroda.

RELIEF

The bank had given a 30-day ultimatum to Shumuk to clear an outstanding loan it is claiming from the group investments, or it proceeds to conduct the sale process. The bank also issued a similar notice to tenants of the other UMA-based building which sits a plot it wants to auction, to vacate “with immediate effect” or face forceful eviction at ‘their own costs and peril’.

However, Eduko overturned the process and warned the bank as well as all its agents to stay away from their planned actions and intentions, until the disposal of the final suit still pending with Shumuk.

“An interim Order doth issue to restrain the Respondent, its agents, servants or anyone claiming the title under it from selling, transferring and tampering with the property comprising in LRV 2909, Folio 9 Plot 24 Mukabya Road at Kampala (Shumuk plant factory) and sub-lease on LVR Volume 2566 Folio 23 No. M700 land at UMA Lugogo Naguru show grounds Kampala until the disposal of the main application,” the registrar noted.

LEGAL BATTLE

Mukesh sued Bank of Baroda contesting the bank’s claims for a loan it advanced to the Shumuk group in 2010 amounting to Shs 6.3bn as well as another $350,000 (1.3bn).

Mukesh swore an affidavit on oath where he said he had settled the bank and honoured all his loan obligations to them since the time of issuance of the said loan. He said his group investment borrowed the said loan as ‘working capital’ to run the factory which was advanced on grounds of the strong relationship they had built with the bank since 1994 when they started borrowing from the bank.

However, the bank claims the group still owes them money amounting to Shs 18.4bn arising out of bank interests and unpaid-up sums. It is against this background that the bank issued the ‘sale notice’ and had wanted to mortgage the entire Shumuk plant and factory alongside the said UMA-based land and property.

In his affidavit, Mukesh argued that after settling their loan with the bank, they were surprised to learn about the bank’s intentions of attempting to auction them off.

He said the bank recalled the loan back in 2018 yet in their records they owed no single penny to the bank, hence their (Shumuk’s) decision tosue the bank and open up a new suit against them in 2019. Mukesh further cried out in his affidavit that it was wrong for the bank to want to auction their two mortgages which had only acted as security for a loan they had in reality completed settling.

Reached out for a comment, both lawyers representing the two parties declined to comment on grounds that the matter is still before court and, therefore, prohibited from public discussion.

Established in 1992, Shumuk group is in the business of producing aluminium products and employs more than 1,000 workers. Shortly after the ruling, Dan Muhumuza, Shumuk’s general manager, said the impending closure or the takeover process would have grossly affected the hundreds of employees and labour force.

“We make a turnover of over $1.5m annually and over the years have been listed among the top 20 taxpayers,” he said. “The takeover would have had a negative ripple effect on the Uganda’s manufacturing industry and URA.”

WORRYING TREND

The ongoing saga between Bank of Baroda and Shumuk Group Ltd is just the latest in complex multi-billion cases. Early this year, Justice Patricia Mutesi issued an administrative order halting Bank of India Ltd from selling a disputed piece of land in Kampala city worth Shs 76.2 billion.

The bank had classified the land as a non-performing asset after claiming that two Indian investors had failed to pay a loan of Shs 4.9 billion. However, the investors maintained that they had already cleared the loan by December 2023.

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@observer Wed, 10 Apr 2024 07:45:20

Why single mothers are on the rise

MAKERERE – The increasing prevalence of single motherhood in Uganda has been linked to varying social, academic, and economic factors, as revealed in a historic 2022 study on motherhood and fatherhood.

Dr Zaid Sekito of Makerere University, who spearheaded this significant research, offers insights into the underlying causes of this trend.

“Many uneducated women are complaining that their husbands have abandoned them, seeking relationships with educated women instead. The men justify this by claiming that uneducated women do not match their status, which has, in turn, contributed to the rise in single motherhood in the country,” explains Dr Sekito.

Sekito’s comprehensive study delves into the history of motherhood in Uganda, tracing back to 1840 and examining the major trends up until 2021. His research sheds light on the evolving dynamics of family structures and the challenges faced by women in different socio-economic brackets.

This historic analysis provides a deeper understanding of the factors influencing the increasing number of single mothers in Uganda, highlighting the intersection of education, social status, and economic conditions in shaping family life.

During a workshop on the African Research Universities Alliance (ARUA) hosted by Makerere University at the Fairway hotel in Kampala, Dr Zaid Sekito shared his insights into the changing landscape of motherhood and fatherhood. The workshop aimed to explore the reasons and impacts of these changing dynamics in parenting on children’s well-being.

Sekito explained that, according to his study, many women reported starting their marriages under economically humble conditions or when their husbands had lower levels of education. However, as their husbands advanced academically and economically, these women found themselves being abandoned. The men justified this by claiming that their wives, with lower educational statuses, brought them public shame.

“We have substantial evidence of women who have children with professors, ministers, members of parliament and tycoons, but are abandoned and barred from visiting their offices due to their lower educational status,” Sekito revealed.

This commentary sheds light on the societal pressures and challenges faced by women in marriages where there is a disparity in academic and economic advancements. It highlights a concerning trend where educational and economic growth in one partner can lead to marital discord and family disintegration, impacting the well-being of children involved.

Sekito, in his study, focused on exploring the various roles of a mother as a caretaker, biological parent and nurse. This study, funded by United Kingdom Research Innovations (UKRI), was aimed at encouraging fathers to take responsibility for their families and discourage the abandonment of women. It also sought to promote improved paternal involvement in parenting.

Sekito’s research revealed that in the 1840s, fathers were actively engaged in their family roles, balancing work and family responsibilities, unlike many contemporary fathers who tend to focus primarily on their careers. The study underscores the shift in paternal roles and responsibilities over time.

Additionally, the Uganda Bureau of Statistics’ 2024 report on motherhood indicated a significant rise in single motherhood in the country, with the percentage of single mothers increasing from 20 to 30 per cent. This increase points to a growing trend of women raising children independently.

Sekito highlighted several cultural and social factors contributing to the rise in single motherhood. These include excessive powers granted to men, cultural norms like excessive drinking, adultery, fornication, and restricted freedom for women.

“Lack of moral guidance leads to men abandoning their families in various situations, such as when a child is born with disabilities or if a woman only bears daughters, prompting men to seek sons or heirs elsewhere. This irresponsibility exacerbates the problem,” Sekito explained.

He further commented on the erosion of trust between men and women due to issues like polygamy. When women, disillusioned by such behavior, focus on their children, some men react with jealousy, resorting to derogatory labeling like ‘nakyeyombekedde’ (meaning single) or cursed, to diminish these women.

Moreover, many women, according to Sekito, opt to leave their marriages and become single mothers to escape abusive relationships characterized by domestic violence. This factor contributes significantly to the growing number of single mothers in Uganda. Sekito’s study thus sheds light on the complex interplay of cultural, social, and familial dynamics influencing motherhood and fatherhood in the country.

Sekito, speaking on the influences impacting single motherhood in Uganda, noted the introduction of Western ideals such as engaging in sex for pleasure. This shift in societal norms, he explained, has led to situations where men engage in sexual relationships without the intention of marriage or starting a family, thereby contributing to an increase in single motherhood.

“The Western ideals such as sex for pleasure have also increased single motherhood, where men only get women to sleep with but not marry or give birth to children,” he said.

Adding to the discussion, Dr Joshua Mugambwa of Makerere University referenced a study conducted in Wakiso district, which revealed that both mothers and fathers are increasingly focusing on their work, consequently spending less time on parental guidance. This lack of attention has been linked to adverse outcomes for children, including aggression, loneliness, and indiscipline.

“Parents are prioritizing work and financial gains over the care of their children,” Mugambwa observed.

Professor Sarah Ssali, also from Makerere University, highlighted that the abandonment of familial responsibilities by many fathers has been a contributing factor to the rise in single motherhood. This trend has had significant social repercussions, including an increase in the number of street children and child abandonment.

“The study of motherhood and fatherhood was conducted in Uganda by local researchers, focusing on the history of motherhood in the Buganda culture and the changes in parental roles brought about by Covid-19,” Ssali explained.

She elaborated that the family structure and the role of parenting in Uganda have been continuously evolving, influenced by various factors including colonialism, the Covid-19 pandemic, job losses, HIV/AIDS, and wars.

Ssali stressed the importance of public education on biological realities, emphasizing that it is not a woman’s fault if she only gives birth to daughters. She also advocated for the recognition of girls as potential heirs in families, challenging traditional gender biases in inheritance.

WHAT CAN BE DONE?

Prof Buyinza Mukadasi, the academic registrar of Makerere University, stated that the study was conducted with the objective of enhancing the capacity of the ARUA project. This initiative involves collaboration with various universities in research aimed at improving the status of motherhood and the welfare of children in Uganda.

“The way forward for Uganda involves a cultural reorientation to curtail the excessive powers of men in marriage. This includes addressing practices such as excessive drinking, adultery, and fornication, which often restrict women’s freedom. By tackling these issues, we can foster better parenting throughout the country,” he explained.

zuraneetah2015@gmail.com

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