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@observer Wed, 04 Dec 2024 07:51:47

Broken pencils: Sexual assault crisis plaguing Ugandan schools

One evening in July 2023, Gloria was raped by her teacher. “We were watching TV in the main hall when he asked someone to call me,” said Gloria, a primary school pupil in Luweero district, 64km north of Uganda’s capital city, Kampala. The teacher had asked her to come to the staffroom, on the pretence that her mother was on the phone for her. “He started threatening to kill my parents if I didn’t do what he wanted,” said Gloria, trailing off as she recalls the moment her teacher assaulted her. Once a carefree learner, Gloria – who is now 12 – has been traumatised by her experience. She is just one among hundreds of victims of a crisis plaguing Ugandan schools. But like many other girls forced to grow up beyond their years after suffering assault at the hands of men meant to protect and mentor them, her ordeal did not stop there. Confused and in pain, Gloria reported the incident to her mother the following day. She received inadequate medical care. A letter dated July 18, 2023 from the Probation and Social Welfare Office in Luweero accused the hospital of failing to administer PEP (post-exposure prophylaxis) and other necessary treatment, despite medical exams confirming the girl had been sexually penetrated. Later, Gloria had to seek private treatment for a torn hymen and an infection. The suspect, meanwhile, was arrested but later released on bail pending a trial. Her mother has faced intense pressure and threats from school administrators, the suspect’s colleagues and even random individuals, urging her to drop the case. For fear of her safety, Gloria’s mother had to change her school from the big, privately owned, prestigious one she was attending in Luweero. “I want justice. I want the teacher imprisoned until I finish my studies because he might come and kill me,” Gloria, clearly still traumatized and living in fear, said. PROBLEMS IN JUSTICE SYSTEM Defilement – the crime of sexually abusing a minor – is an all-too frequent occurrence in Ugandan schools, perpetrated by teachers or other authority figures. Last year, the state recorded more than 200 cases at primary and secondary school levels. But the country’s overburdened justice system struggles to deliver, due to lengthy investigations and inadequate protection for victims, who often come under social pressure to keep quiet. In 2022, the National Association of Women Judges in Uganda identified a “lack of technical capacity” among police officers as a significant barrier to justice in defilement and sexual violence cases. Human rights lawyer Eria Luyimbaazi Nalukoola, who has handled numerous similar cases, recalls an instance where police issued a fake case number, registering a sexual violence case as a theft. The victim, a young girl, had been assaulted by a teacher at a public school in Kampala. “The girl was defiled to the point of fainting. When she regained consciousness, there was a boy nearby. The teachers concocted a story that the boy was responsible. When the girl and the boy were examined, the expert concluded that the injuries could not have been inflicted by a child but, rather, by a man,” he said. “The parents complained to the Inspectorate of Government and the Directorate of Public Prosecutions, only to find that the case number corresponded to a theft case, not defilement. This indicates that the investigating officer and other police officers were trying to sabotage the case.” Even when cases are pursued by police, delays are common. “I still don’t know when the hearing will start,” says Gloria’s mother. “The court didn’t notify me when the suspect was going to be released on bail, and he hasn’t returned to court despite the pressure and threats I’m facing.“This isn’t about me; it’s about my daughter.” WHY DEFILEMENT HAPPENS According to Ugandan police crime statistics, last year saw reports of defilement reach a new high, with 211 cases compared to 177 in 2019. Girls of primary school age tend to be more commonly affected, and the majority of cases involve victims from underprivileged backgrounds. Special High court sittings for cases of sexual violence have revealed that the abuse is often opportunistic. Teachers sexually assault girls during school trips and other extracurricular activities; at evening/morning study sessions or in private tutorials; and in school toilets. Assaults also sometimes take place in teachers’ homes; poorer girls are often hired to work as domestic cleaners ‘to earn their stay’, or are asked to run errands to predator-teachers’ homes. “Schools aren’t screening staff to a satisfactory level,” said Joyce Namigadde, Luweero district probation and child welfare officer. “You find schools with so-called teachers who aren’t actually professionals. They haven’t been through training schools; they’re handpicked because they’re good at math or English. They don’t know how to behave around children.” Raising Voices, a child advocacy organisation, has conducted studies that show teachers have normalised harassment in schools – through making sexualised comments and compliments, or through their choice of teaching examples, particularly in science lessons. Tabitha Ssuubi, programme director for Raising Voices, said even when abuse happens, administrators often cover up the crimes to protect a school’s reputation. “The culture of silence in our society is a major problem. Sexual violence comes with a lot of shame [and] stigma. We have seen that culture fueling the continuity of sexual violence against learners in general,” said Ssuubi. GOVERNMENT COMMITMENT LACKING Uganda’s penal code (as amended) carries a maximum punishment of life imprisonment for defilement. For many victims, pursuing justice is a battle against the legal system, prejudice, social inequality and a lack of government commitment to fight the vice. In January this year, President Yoweri Museveni granted 13 prisoners an early presidential pardon, 11 of them (85%) serving sentences for defilement, causing outrage among child rights and human rights activists. “Many parents are trapped in poverty. They worry about potential repercussions from wealthy perpetrators and fear being accused of defamation. School authorities often cover up these cases and destroy evidence,” said Nalukoola, the human rights lawyer. For Suzan, a 14-year-old primary 7 pupil in Buikwe district, 57km east of Kampala, her punctuality led to being sexually abused by her teacher. He lured her to his home under the pretence of providing private early morning tuition. “She used to be the first pupil at school,” her mother recalled. “The teacher called her to his home for extra help.” The aftermath was another injustice. The suspect, briefly detained at Kiyindi police station, was later released after negotiations with the parents. The girl’s innocence was exchanged for three million Ugandan shillings (646 pound sterling) and a forced marriage. Suzan’s mother said since the teacher had “ruined her”, he needed to take responsibility. The parents agreed to the deal on the condition that the perpetrator provide Suzan with skills training. “When we took our daughter for medical treatment, we learned she was pregnant,” said Suzan’s mother. “As parents, we agreed that she could learn hairdressing, and the man and his parents consented.” The school administration, local authorities and the wider community all turned a blind eye to this illegal exchange. “I couldn’t pursue the legal process because I didn’t have the money to keep following up on the case. You need money to travel to the police station and court, and I didn’t have that,” Suzan’s mother said. Namigadde, the probation and child welfare officer, noted that many parents give up due to a loss of trust in the justice system. “Many are negative about it. They think they won’t get justice,” she said. WHAT CAN BE DONE? When questioned, the Ugandan government said it recognises an urgent need for intervention. Dennis Mugimba, spokesperson for the ministry of Education and Sports, promised that the department would investigate teacher misconduct. He claimed that poor communication between schools, districts and national government – as well as a tendency among Ugandans to handle sexual harassment cases with traditional customs, rather than involving the police – hampered efforts to deal with the problem. “Speak out until you are heard. If school authorities don’t listen, go to your parents, local council, or religious leader,” Mugimba said. “Child defilement and sexual harassment shouldn’t be treated as traditional matters. It’s destroying young people’s futures.” Mugimba said a teaching bill currently making its way through parliament could be a game-changer. It aims to establish a National Teaching Council, which will have the authority to revoke a teacher’s licence if they are found guilty of misconduct. Ssuubi and Namigadde, the children’s rights defenders, are advocating for a more comprehensive approach to sexual violence. This would include schools implementing sexual harassment policies, banning student access to staff quarters, implementing whistleblowing mechanisms and conducting awareness campaigns. The pair also argue for exempting defilement cases from Uganda’s slow-moving court session system and fast-tracking the process. “There is a teacher code of conduct, but this is not enforced. Ministry of Education should ensure implementation of all policies. Such cases should be followed up such that learners get justice and also prevent the continuation of such vices in schools,” Ssuubi said. Gloria, the 13-year-old victim in Luweero, is determined to fight for justice. She aspires to study law and fight for a future where defilement can never be tolerated. “My mum has counseled me not to trust any man again. And I am being careful at my new school. I only request that they don’t play with my file. I want to become a lawyer so I can help girls through these challenges.” *Names have been changed to protect victims. This story was first published by Institute for War and Peace Reporting (IWPR) {loadposition inarticle}

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@observer Wed, 04 Dec 2024 08:17:24

Diplomats in secret meeting over Besigye

Overall top diplomats from Western embassies have expressed concern over the trial and continued detention of Dr Kizza Besigye. The Observer has reliably learnt that the diplomats, especially from the European Union, have been holding meetings to forge a way of getting Besigye and his co-accused Obeid Lutale out of jail. Besigye and Lutale were abducted in Nairobi and driven back to Kampala before they were arraigned at the General Court Martial four days later. Ugandan law requires the state to produce a suspect in court not more than 48 hours after their arrest. They are accused of being found with two pistols and ammunition, and seeking to buy weapons from foreigners in Geneva, Athens and Nairobi. According to a reliable source within the diplomatic circles, the diplomats are concerned about the violation of international laws by Uganda and the decision to have Besigye tried in a military court.“They have discussed ways to push for a solution between government and the opposition, especially concerning dialogues. But they have not ruled out cutting aid or imposing sanctions on specific individuals involved in his abduction, arrest and continued detention,” said the source. Meanwhile, the diplomats are said to have discussed Uganda’s political future ahead of the 2026 general elections in which President Museveni will likely look to extend his 40-year presidency.“Diplomatic pressure is decisive. President Museveni only listens to donors. They have propped his regime over the years. He can’t ignore diplomats the way he ignores Ugandans. It is important that the diplomatic community makes it clear to him that justice for Besigye and other civilians illegally tried in military courts is their priority,” added the source.The donors are already concerned about the narrowing space of opposition figures, the harsh legislation against sexual minority groups, and growing levels of corruption in Uganda. The donors have shown little faith in Uganda’s judicial system, and have not been shy to send that message to the state. Donors have already displayed their displeasure over this by cutting back on the aid and the issuance of sanctions against certain state operatives.KEY ISSUES IN THE CASEIn Monday’s appearance before the General Court Martial, Besigye’s defence contested the competence and jurisdiction of any military tribunal to try civilians like him.Eron Kiiza, one of Besigye’s lawyers, argued that the essence of the defence objection to the jurisdiction and competence of the General Court Martial to try civilians was captured by the Constitutional court on December 15, 2022, in the case between Captain Amon Byarugaba and Others v Attorney General, which declared that the exercise of jurisdiction by military courts to try civilians for criminal offences is unconstitutional,” he said.This is the second time Besigye is facing trial before the General Court Martial. In 2005, Besigye appeared before the military court on charges of terrorism and illegal possession of firearms. He was accused of being behind the shadowy People’s Redemption Army. {loadposition inarticle}

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@observer Wed, 04 Dec 2024 07:11:13

Stakeholders call for stronger regulations to combat counterfeits

George Bigirwa, the director of the Centre of Excelence for Seed Systems in Africa (CESSA), has called for strengthening national regulatory agencies to combat the proliferation of counterfeit seeds in the market. Bigirwa made this statement during a stakeholders’ learning event that brought together research scientists, seed companies, national seed regulatory agencies, policymakers, extension agents, grain traders, and processors to discuss issues surrounding generational seeds. According to the Uganda National Bureau of Standards (UNBS), 30% to 40% of seeds sold in Uganda are counterfeit. However, several companies have embraced the E-tag system to help farmers access genuine seeds. This system allows farmers to verify seed authenticity by sending a code via SMS to the seed or agricultural input manufacturer, who then confirms whether the seed is genuine or fake. “We have fraudsters who simply buy grain, dress it, and put it on the market for sale,” Bigirwa said. “This happens due to challenges faced by national regulatory agencies, which often lack the financial resources and manpower to oversee operations nation-wide.” He explained that fraudsters exploit loopholes in regulatory oversight, leading to the circulation of counterfeit seeds. As a result, farmers end up purchasing substandard seeds, which can result in low yields or even complete crop failure, ultimately wasting their money. “It’s crucial to strengthen national regulatory agencies, equipping them with the necessary resources, technical, and logistical to effectively inspect and certify seeds produced across the country,” he added. In response to these challenges, AGRA is supporting entities involved in high-generation seed production. In regions facing shortages of certified seeds, AGRA is helping private seed companies access seeds from national seed systems in 12 African countries. Bigirwa highlighted the critical issue of the availability of early-generation seeds, the initial stock of seeds required to produce certified varieties. Due to limitations in production capacity, shortages are common. He also pointed to different models used by independent seed companies specializing in early-generation seed production. “We have the National Agricultural Research Organization (Naro), which produces early-generation seeds from varieties developed by public research institutes. Naro then multiplies these seeds on their own farms, using trained out-growers to produce seeds that are sold to seed companies for further certification,” he explained. He emphasized that every sovereign country should have the capacity to produce its own seeds. With Africa’s favorable climate and abundant arable land, the continent has the potential to produce sufficient seeds, reducing reliance on foreign imports and conserving valuable resources, particularly foreign currency. He urged the government to collaborate with private seed companies and Naro to ensure that the right varieties are available for seed production. These varieties must be adapted to different agricultural zones to ensure that farmers can produce enough food for their consumption, as well as surplus for sale, which will improve their livelihoods and contribute to food security. {loadposition inarticle}

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@observer Wed, 04 Dec 2024 07:28:56

$22 million Railways locomotive deal sparks controversy

The ministry of Works and Transport and Uganda Railways Corporation (URC) are facing intense scrutiny over a proposed $22 million (approximately Shs 80 billion) lease agreement for four locomotives. These locomotives, intended for cargo transportation, would be operated by URC in partnership with Auto Ports Freight Terminals Ltd, a Kenyan firm. This proposal, while approved in principle by the URC board, has raised concerns about potential misuse of taxpayer funds, with critics questioning its necessity and long-term value. According to internal correspondences obtained by The Observer, the plan involves leasing the locomotives under a 10-year wet-lease agreement. The arrangement includes maintenance by the lessor, Auto Ports Freight Terminals Ltd, with costs projected at $2,500 per day per locomotive, amounting to $7,500 daily for three locomotives. URC justifies this move, citing its current fleet of four mainline locomotives, of which only two are operational. One locomotive has been out of service for over two years, and the rest face recurring technical issues. In its proposal, Auto Ports Freight Terminals Ltd argues that the additional locomotives are critical to addressing Uganda’s cargo transport bottlenecks. A May 13, 2024, letter from the company to URC highlights the railway’s insufficient capacity, which it claims risks losing market share and exacerbating commodity prices due to reliance on costlier transport options. “The railway lacks sufficient capacity to transport and deliver cargo, which could lead to a further decline in railway market share and ultimately drive up commodity prices in the country due to the absence of a competitive transportation option,” reads a letter from Auto Ports Freight Terminals Ltd. URGENT NEED “We recognize the Government of Uganda’s investment plans through URC to acquire additional locomotives. However, there is an urgent need to protect the current market share and expand rail operations to help stabilize commodity prices in the country,” the letter continues. In a presentation to the Uganda Railways Corporation (URC) board in June, Managing Director David Musoke Bulega laid bare the dire state of URC’s operational capacity, emphasizing the urgent need for additional locomotives to meet growing cargo demands. Bulega highlighted that URC currently operates with four mainline locomotives, but only two are functional. “The other two are sick; and of the sick locomotives, one has been out of service for the last two years,” he noted in the presentation. This limited capacity has significantly hampered URC’s performance. Currently, the corporation rails about 25,000 tonnes of cargo monthly, representing just 41 per cent of available tonnage and a mere eight per cent of the track’s capacity. Bulega attributed this poor performance to multiple factors, including insufficient assets such as wagons and locomotives in Uganda’s network, compounded by infrastructural challenges in Kenya. “The lack of deployable assets, coupled with poor track infrastructure in the Kenyan network, further exacerbates the problem,” he explained. Looking ahead, URC anticipates cargo growth of 70,000 tonness in 2025, requiring six locomotives to meet demand. By 2026, an additional two locomotives will be necessary to rail 80,000 tonnes, including operations on the Tororo-Gulu line. The projections grow even steeper by 2029, with anticipated cargo volumes of 120,000 tonnes requiring 13 locomotives. Although the African Development Bank (AfDB) project will supply four new mainline locomotives, they are not expected to arrive until 2028 or 2029. “Even with the AfDB-funded locomotives, cargo growth projections indicate that URC will still need five additional locomotives to cover mainline operations,” Bulega stated. To bridge this gap, Bulega defended leasing as the most practical solution. “Outright purchase comes with significant challenges, but leasing ensures timely delivery. Leasing from the owner of the cargo is even better as it guarantees cargo availability for URC,” he said. Citing industry data, Bulega noted that leasing rates for a 3,000-horsepower locomotive average $3,000 per day under a wet lease arrangement, while rates for 2,000-horsepower locomotives hover around $2,800 daily. “At an availability rate of 70 per cent, the annual cost for three locomotives would be $3.24 million, while four locomotives would cost $4.94 million,” he detailed. Bulega underscored the importance of negotiating favourable terms, suggesting lease fees of $2,500 per day for brand-new locomotives and $2,200 for used but re-engineered units to manage operational costs efficiently. The board is now tasked with weighing the financial implications of leasing against the pressing need to expand capacity to meet Uganda’s rising cargo demands. While URC management, led by Acting Managing Director David Musoke Bulega, defends the lease as an urgent measure, insiders suggest it could be an unnecessary drain on public resources. A source within URC questioned the rationale behind the deal, especially with plans for new locomotives already underway under the African Development Bank (AfDB)-funded project. “By hiring or leasing this, the government shall lose a lot of money. You wonder why they would opt for this deal yet the Standard Gauge Railway (SGR) project will provide 10 locomotives, and URC already owns four,” the source said. URC’s internal projections indicate significant growth in cargo volumes, estimating 70,000 tons by 2025 and 120,000 tons by 2029. However, achieving these targets will require at least 13 locomotives. The AfDB-funded locomotives, expected to arrive in 2028 or 2029, will not meet this demand. According to Mr. Bulega, leasing is a practical stopgap solution. “Even after acquiring the AfDB locomotives, URC will still need five additional locomotives to address cargo growth and infrastructure challenges,” he said. The proposed lease terms have been met with skepticism due to their financial implications. At $2,500 per day for brand-new locomotives, the annual cost for three locomotives would be $3.24 million, rising to $4.9 million for four units. Bulega contends that leasing directly from cargo operators like Auto Ports Freight Terminals Ltd ensures cargo availability and offsets operational costs. He has recommended negotiating lower lease rates—$2,500 per day for new locomotives and $2,200 for re-engineered units. Interviewed over the weekend about the growing criticisms surrounding the lease, Bulega defended the corporation’s position but refrained from disclosing details about specific proposals. “I have so many proposals from my clients, and I don’t understand why you want to pry into them,” Bulega remarked. “If you receive a proposal and the client sees it in the media, would you be responsible if it gets published? People are free to make proposals, but not all of them are honored. Proposals are not government decisions, and right now, we are not leasing. Since you’re concerned about buying, why would anyone consider leasing?” Critics have not been swayed by these comments. Marlon Agaba, executive director of the Anti-Corruption Coalition Uganda, condemned the URC for what he described as persistent mismanagement and corruption. “The last time, they bought locomotives that didn’t fit the rails, and that issue is still unresolved,” Agaba said, referencing a debacle that cost the country over Shs 200 billion. He added that the ongoing deliberations over locomotive leasing come as Uganda is finalizing contracts for the Standard Gauge Railway (SGR). “This is happening while Uganda is in the final stages of signing and contracting a contractor for the Standard Gauge Railway. The real issue here is the lack of coordination within the country. If we want to establish a Standard Gauge Railway, why are we still buying old locomotives?” Agaba questioned. He also stressed the need for greater transparency in URC’s operations and procurement processes, which he believes have eroded public trust. LEGISLATIVE CONCERNS Nyendo Mukungwe MP Mathias Mpuuga echoed Agaba’s sentiments, emphasizing the need for accountability and strategic planning within URC. “When irrational decisions are made, I am not surprised, given that the URC once purchased locomotives that didn’t fit on the rails,” Mpuuga said. He questioned the benchmarking practices behind the corporation’s decisions, urging URC to clarify its sources of inspiration and the rationale for such actions. “It would be prudent to provide us with an idea of where you’ve benchmarked these practices and how they work. Which country has rented locomotives, and when the rent expired, they adopted this approach? We need to learn from them,” he added. Mpuuga also raised broader concerns about the leadership at URC, suggesting that structural changes may be necessary. “I think we should start from the basics—whether the team at the URC is actually the right one for the job. Once we determine whether we have the right people with the necessary capacity and mindset, we can judge their actions. But for now...” The URC board approved the plan in principle, advising management to consult key stakeholders, including the Public Procurement and Disposal of Public Assets Authority (PPDA). However, the procurement process has faced delays. In July 2024, Mr. Bulega sought guidance from PPDA, citing operational challenges due to the aging fleet. Meanwhile, Auto Ports Freight Terminals Ltd has revised its initial proposal, offering to lease three locomotives instead of four, citing customer confidence issues stemming from delayed service delivery. The ongoing negotiations have now reached the Works and Transport minister, Gen Katumba Wamala. In an October 2024 letter, Auto Ports Freight Terminals Ltd appealed to the minister to expedite the deal, emphasizing its importance to Uganda’s manufacturers. “We hope this long-standing issue on leasing locomotives to URC will be fast-tracked, enabling us to support Uganda’s economy through efficient railway services,” the letter reads. Neither the minister nor the ministry spokesperson could be reached for comment. A RISKY INVESTMENT? Critics argue that leasing locomotives is a short-term solution that may not deliver value for money. The planned procurement of AfDB-funded locomotives and anticipated SGR developments render the current proposal questionable. Furthermore, the significant financial commitment raises concerns about accountability and oversight. With no immediate comment from the line ministry, the fate of the $22 million deal remains uncertain. Will it address Uganda’s pressing transportation needs, or will it become another costly misstep in public procurement? The spotlight now shifts to the ministry of Works and Transport to provide clarity and ensure public funds are spent judiciously. The criticisms highlight broader questions about the governance and strategic direction of URC at a time when Uganda’s transport infrastructure is under pressure to modernize. As the country balances its ambitions for the SGR with the realities of its existing railway network, the corporation’s decisions will remain under a critical spotlight. The public and stakeholders alike are calling for clearer accountability, better coordination, and assurances that past mistakes will not be repeated. {loadposition inarticle}

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@observer Wed, 04 Dec 2024 06:38:16

Uganda Airlines flight path project to mitigate bird strikes

Bird strikes pose a significant challenge to global aviation, costing the industry an estimated $1.2 billion annually. These incidents occur primarily during takeoff and landing with up to 90 percent happening near airports. Uganda Airlines, which operates from Entebbe International Airport that is located near the bird-rich Mabamba bay is no exception, having recorded 21 bird strikes as of June 2024. Spur-winged geese, which frequent Lake Vic- toria’s shores in search of fish waste, are among the most common culprits. Therefore, in order to mitigate this hazard, the airline has launched the Flight Path Sustainability Project, a waste management initiative designed to enhance aviation safety and support environmental sustainability around Entebbe International Airport. The initiative aims to address the persistent issue by reducing bird activity near flight paths and creating a safer environment for air travel. While launching the project in Entebbe last week, Uganda Airlines CEO Jennifer Bamuturaki said the project targets a 40 per cent decrease in bird concentration around Entebbe International Airport by implementing strategic waste management solutions to minimize bird-attracting debris. “We are not just addressing safety; we are also taking a holistic approach to environmental conservation by protecting the Mabamba bay ecosystem and promoting sustainable waste management practices. We are working with key stakeholders including local communities to foster behavior change and support innovative recycling solutions such as repurposing fish scales as industrial raw materials,” she said. Kigungu Central, a community within Entebbe municipality, lies in the critical flight path area and faces significant waste management challenges. With over 2,000 residents and a prominent fishing plant processing four to five tonnes of fish daily, the community generates substantial waste. Despite the plant’s adherence to waste disposal standards, plastic pollution and poor waste practices persist among residents and visitors. In order to promote sustainable waste management practices and create a cleaner and safer environment for both aviation operations and the local community, the national carrier supported the fish traders with sanitation amenities such as a fish cleaning trough, head gears, aprons, gumboots and waste bins. The mayor of Entebbe municipality, Fabrice Rulinda welcomed the initiative, saying it directly addresses critical challenges in their municipality since Kigungu and other parts of Entebbe municipality have long faced waste management challenges and, therefore, the project provides an opportunity to transform waste management in the community. “Supporting fish traders and improving hygiene practices will lead to significant improvements in the quality of life for residents in Kigungu and beyond. We are committed to working with Uganda Airlines and other stakeholders to ensure this project achieves its goals of creating a cleaner and safer environment for both our community and aviation,” Rulinda noted. According to Uganda Airlines, the Flight Path Sustainability Project is expected to deliver several impactful outcomes such as cleaner shores of Lake Victoria through environmentally friendly disposal practices, enhanced sanitation for women in Entebbe municipality and Kigungu resulting in better quality of life and increased awareness and partnerships among key stakeholders to improve aviation safety while supporting local communities. jjingoernest1@gmail.com {loadposition inarticle}

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@observer Wed, 04 Dec 2024 06:55:57

Stalled World Bank project puts contractor on the spot

It is more than two years since government kickstarted a Shs 84bn project intended to transform farming in Isingiro district through provision of water for irrigation to farmers and other agricultural services. However, a series of contract breaches and delayed works have left the project in tatters, and matters have not been helped by the different contractions regarding the project future. At the moment, the subcontractor is crying of foul of the justice system while the main contractor accuses the ministry of delayed works. On the other hand, government is blaming the legal undercurrents for the delay. On this background, area leaders are up in arms and want government to take action before the situation turns from bad to worse. Already, the biggest losers in the saga are the Isingiro farmers, whose hope has turned into despair. Meanwhile, several people who worked on the project have not been paid and worryingly, the abandoned project has become a death trap to the locals. COURT ORDERS A few weeks ago, Rauben Arinaitwe, the Isingiro West MP, petitioned parliament to investigate the issue and have the culprits apprehended. It followed an earlier complaint by Alone Tuhairwe Turahi, the Isingiro district chairperson, to Nabbanja to rein in on Inyatsi, the contractor. In the letter, he noted that despite the funds released so far and the period that has since passed, there is no visible or meaningful work that has been done. While appearing before the plenary on November 28, prime minister Robinah Nabbanja said government was unable to make timely payments to Inyatsi due to restrictions imposed by court orders issued by Lady Justice Magala on August 30, 2024. Court ordered the ministry to withhold an impending payment of Shs 21.2bn to Inyatsi. According to court documents, Plinth Consultancy Services Ltd, which had been subcontracted by Inyatsi in April, 2023, got interim measures of protection from court. Plinth had convinced court that whereas it had executed all works on site from commencement until October 30, 2023 when Inyatsi terminated the subcontract agreement, the two sides were yet to reach an amicable settlement. Plinth filed a request arbitrate with the International Chamber of Commerce (ICC) in May, 2024 challenging the unlawful termination with a claim of Shs 22bn. The arbitration process is still ongoing before the ICC. It is also important to note that the company representing Inyatsi Co Ltd in all these legal proceedings is K&K Advocates. However, on examining the sequence of events, it is not correct to state that the ministry didn’t make timely payments to Inyatsi due to the court order as this is evidenced in the correspondences between the parties listed below. On September 2, 2024, in a notice from Inyatsi to the ministry, the former claimed delayed payment stretch from as early as July, 2023 to April, 2024, way before the court orders existed. On the other hand, in the ministry’s notice of intention to terminate the contract dated September 12, 2024, it confirms that only the fourth Interim Payment Certificate (IPC) issued on May 30, 2024 was pending as a result of the court order. BACKGROUND In 2022, government, through ministry of Water and Environment (MWE), obtained a $169 million loan from the World Bank to facilitate the Irrigation for Climate Reslience Program (ICRP), and part of these funds were channeled to the construction of Kabuyanda irrigation dam in Isingiro district. The ministry carried out an international competitive bidding, and the contract for construction of Kabuyanda earth dam was awarded to Inyatsi Construction Limited (A company incorporated in Eswatini). A contract was signed on November 22, 2022. However, the project commenced on May 11, 2023 and was set to be completed in 30 months. The delay was largely due to the contractor’s delay to provide contractual submittals such as advance payment guarantee and performance guarantee, whose submissions only happened in February 2023 (delay of nearly 60 days). EXECUTION The project was finally handed over to Inyatsi Co Ltd (contractor) and Wapcos Ltd (supervising engineers/ consultant). The commencement of the project showed persistent slow performance which is seen in a series of correspondences between the engineer and the contractor. There was also lack of proper utilization of advance monies paid to the contractor to a tune of Shs 17 billion. Copies of letters from the ministry requesting for evidence of utilisation of advance payment from the contractor are also available but no satisfactory response was issued by the contractor. The project progressed to about 13% by October, 2023 and further to 21% in October 2024 physical progress. For context, this is against a time progress of approximately 50% and 34% financial progress. TERMINATION/DISPUTES On August 3, 2024, Inyatsi notified the ministry of its intention to terminate the contract due to the latter’s failure to release more money in time and eventually slowed down works. This process continued until September, 2024 when Inyatsi notified the ministry of the termination of the contract. The ministry rejected Inyatsi’s termination and ordered that it immediately returns to site to execute the project. However, Inyatsi rejected this. In return, the ministry, in a letter dated September 30, 2024, formally terminated the contract. Thereafter, Inyatsi submitted its final accounts claim of Shs 36 billion, of which Shs 17.6bn is interest, loss on profit and damages. Incidentally, Inyatsi received advance payment of Shs 17bn from the ministry in April, 2023 whose utilisation has remained unconvincing to the ministry. Efforts to reach out to the ministry spokesperson were futile but an official who preferred anonymity said the dispute between the ministry and Inyatsi is before the Dispute Adjudication Board (DAB) for resolution and a ruling is expected on December 7, 2024. Meanwhile, our call to all known numbers of Inyatsi officials went unanswered. CURRENT STATUS The court orders being cited above have since been varied through a process that Plinth has chosen to challenge at the Constitutional court. It accuses the principal judge Flavian Zeija of acting on the letter of the solicitor general to allocate the file to another judge, Patience Rubagumya, who eventually overturned the earlier ruling of Magala. {loadposition inarticle}

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