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@observer Wed, 09 Oct 2024 05:34:37

17 NUP supporters plead guilty for freedom

The case of the 17 National Unity Platform (NUP) supporters highlights a troubling intersection of state power, legal proceedings, and the erosion of individual rights in a political context. These individuals, who have been incarcerated for nearly four years on charges including treason and illegal possession of firearms, have recently shifted their pleas from innocent to guilty. This shift raises critical questions about the influence of the state on the judicial process and the pressures exerted on defendants. Initially, 32 NUP supporters were arrested between 2020 and 2021, facing charges in the General Court Martial. The recent plea changes among the 17 individuals can be analyzed as a response to prolonged detention and a lack of substantial progress in their cases. This situation has created a high-pressure environment where the psychological strain of indefinite remand has led some to consider guilty pleas as a viable escape from their predicament. The case of three individuals— Joseph Muganza, Paul Muwanguzi, and Siraj Obarayi—who were sentenced to just over four months, exemplifies this trend. Their decision to plead guilty was reportedly influenced by promises of lighter sentences and potential financial rehabilitation upon release. This tactic reflects a broader strategy by the state to manipulate the legal framework, compelling defendants to abandon their claims of innocence under the guise of leniency. The three enticed other 14 to also change their plea and the Court Martial is expected to give its verdict on Monday (October 14, 2024). The 14 are: Ssegujja Rashid, Rugumayo Robert, Matovu Abdul, Kiwanuka Mesach, Mafabi Davis, Wandera Ibrahim, Lwanga Stanley, Kijambu Ronald, Nagwere Asubat and Katushabe Livingstone, Kijjambu Simon, Masaakuru Steven and Mafabi Davis. David Lewis Rubongoya, the NUP secretary general, articulated a perspective that underscores the coercive nature of these plea bargains. He suggested that the state has made it abundantly clear that the only path to freedom for these individuals is to plead guilty. Rubongoya’s comments suggest a systemic issue where the legal process is weaponized to undermine the rights of political opponents. “We know they have been talking to them for a long time to agree to these crimes and then get released. They have also promised them cars, houses and money if they plead guilty,” Rubongoya told The Observer. He noted that the comparatively light sentence of four months for an offense that could warrant the death penalty reveals the lack of credible evidence against them, indicating that the state is resorting to coercive tactics rather than legitimate legal proceedings. “They have had four years to bring evidence against these people, but they have failed to bring substantive witnesses against them. Now they resorted to coercing them to plead guilty and also implicate political leaders. But I think this is not going to distract our struggle for change,” Rubongoya said. Furthermore, the psychological impact on the inmates is profound. Olivia Lutaaya, the sole female among the accused, expressed the trauma of being in limbo, without knowledge of her fate. She revealed that state representatives have approached her with offers of leniency in exchange for a guilty plea, amplifying the moral dilemma faced by many detainees: maintain their innocence and endure the uncertainty of lengthy incarceration, or concede to state pressure for the promise of earlier release. Moreover, Rubongoya mentioned that the government’s failure to present substantial evidence or witnesses against the accused over the four-year period has led to coercive measures becoming the norm. This raises significant ethical concerns about the integrity of the judicial process and the potential for malicious prosecution aimed at suppressing political dissent. Other than the 32, NUP has got a number of other supporters who are still on remand for different offences, many of which emanate from being found with prohibited red berets and other party regalia that the state alleges are a preserve of the armed forces. The use of remand as a tool to pressure individuals into guilty pleas reflects a disturbing trend in which the state’s legal apparatus is weaponized against its critics. The situation of Olivia Lutaaya, the only woman among the accused, further underscores the emotional and psychological strain experienced by those in similar circumstances. Her struggle with the choice between pleading guilty and maintaining her innocence while remaining in limbo illustrates the personal toll of political repression. The case of the NUP supporters serves as an illustrative case of how state mechanisms can pressure individuals into compromising their rights. The use of coercive tactics, coupled with the psychological toll of prolonged detention, reveals a concerning pattern where legal proceedings are manipulated to maintain political control. The broader implications for political dissent and the rule of law in such contexts warrant critical scrutiny, as they reflect on the state’s approach to governance and civil liberties. {loadposition inarticle}

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@observer Wed, 09 Oct 2024 05:56:29

Prosecution, defense clash over evidence as 9th witness testifies in Katanga murder case

At approximately 9:30 am on Tuesday, October 1, as the court awaited Judge Isaac Muwata, presiding over the case of Uganda vs. Molly Katanga and four others, four sticks marked DFS/NA/682/2023 were brought in as exhibits. These items were found at the Katanga residence on November 2, 2023, the day businessman Henry Katanga died from a gunshot wound. The hearing began shortly thereafter, with Counsel Macdosman Kabega, representing the defense, resuming his cross-examination of the prosecution’s eighth witness, Andrew Kizimula Mubiru, director of Forensic Services for the police. Mubiru had conducted the analysis of the deoxyribonucleic acid (DNA) samples collected from the crime scene. Kabega’s questioning initially focused on the alleged murder weapon. He specifically inquired about whether Mubiru had received ten rounds of ammunition in the magazine and one round in the chamber. “Mr. Mubiru, did you receive these items?” Kabega asked. Mubiru confirmed that he had received the exhibits on November 6, 2023. He clarified that the swabs from the postmortem arrived first, while the pistol, which had been discovered on the bed of the deceased, was received as the fifth exhibit. The defense’s attention then shifted to the sticks, which the defense team alleges may have been used to assault A1, Molly Katanga, the night before her husband’s death. The four sticks included a mopping rag and a copper walking stick. Kabega requested that the sticks be fully unwrapped, stating, “My lord, I would like the sticks to be fully unwrapped.” Judge Muwata responded, “But we are already seeing they are sticks.”“We are just assuming, my lord,” Kabega replied, emphasizing the need for a thorough examination. When questioned about whether the police had provided swabs for the sticks, Mubiru stated that he had conducted his own swabs on three of the sticks, swabbing along their lengths. However, under further cross-examination, Kabega challenged Mubiru, pointing out that the forensic report did not indicate that he had swabbed the length of the sticks. Additionally, some of the swabs from the sticks were missing from the court proceedings. Regarding the mopping rag, the report lacked details on which specific part of the rag was swabbed. Moreover, Mubiru admitted that the fourth stick was not swabbed. “My lord, I did not swab it because I did not see any visible bloodstains on it,” he explained. Kabega also focused his cross-examination on the photographic evidence presented in the DNA report. Kabega questioned the witness Mubiru about the photographs in his report, specifically those found on pages 38 to 44. Mubiru acknowledged that while he supervised the team that took the photographs, he could not recall the exact date they were taken. Kabega pointed out, “Your report indicates that you took those photos, but it doesn’t specify when they were taken. Is that accurate?” He further pressed the witness about the date associated with a photograph on page 38, which depicted the general packaging of an exhibit. “I can see a date there. Is that the date when you took the photos?” he asked. Mubiru responded that the photograph in question was taken on November 4, 2023, at the time of receiving the exhibits. Kabega, however, challenged this statement, suggesting that the witness was being untruthful. “I want to suggest to you that on that date, the exhibits were not in your possession,” he asserted. Despite the challenge, Mubiru remained steadfast in his claim that the photographs were taken upon receiving the exhibits. Kabega then directed his attention to a photograph on page 41 of the DNA report, which showed a pistol. According to the report, the pistol was accompanied by an envelope marked as evidence property, with its chain of custody recorded on Police Form 17A, PIDA 1B. The exhibits were reportedly received at the forensic gateway on November 3, 2023, and assigned a lab number. Kabega inquired, “What was the examination required?” Mubiru explained that he was tasked with comparing the DNA on the pistol with DNA traces that had been submitted earlier, including swabs taken from an individual named Denise Nayebare. However, Kabega disputed this claim, suggesting that the police did not possess Nayebare’s swab at the time and that Mubiru himself had requested it. Kabega noted that the swab from Nayebare was received on November 6, 2023, while Mubiru’s report indicated that the request for comparison was made on November 3, 2023. “The police couldn’t have asked you on November 3 to carry out a comparison with a swab they didn’t have. It was you who asked the police to conduct the swab,” Kabega argued. Mubiru denied the allegation, maintaining, “My Lord, that’s not true. I did not request the swab from the police.” With that statement, the defense concluded its two-month cross-examination of the witness. However, Kabega requested the option to recall Mubiru for further questioning if needed. Judge Isaac Muwata responded, “You will make the application when the time comes.” Prosecutor Samali Wakooli began her reexamination of the witness. She requested a 30-minute recess to confer with Mubiru before proceeding. After the break, Wakooli resumed her questioning, focusing on the defense’s claim that Mubiru had examined a different exhibit than the one provided, similar to a previous issue in the Kato Kajubi case. The DNA report authored by Mubiru referred to a “black Zastava UG1622200061 CZ999 compact.” However, the defense argued that no such firearm was found at the crime scene. Mubiru clarified that the weapon examined was indeed the one recovered from the scene, attributing the discrepancy to a typographical error in the report. “My lord, the report mentioned ‘CZ999,’ but that was a typing error. ‘CZ99’ is the correct model of the weapon,” he explained. Prosecutor Wakooli then focused on the model of the gun and the unique features that could identify the firearm. This line of questioning sparked a disagreement between the prosecution and the defense, with defense counsel Macdosman Kabega arguing that Wakooli was exceeding the scope of the previous cross-examination. “My lord, my learned friend here is going beyond the questions that were put to the witness during the cross-examination,” Kabega asserted. Wakooli, however, countered that the gun model had been discussed during Kabega’s cross-examination. “My lord, counsel questioned the witness about the model, and that is precisely what I am pursuing,” she argued. Kabega disputed this, pointing out that when the witness was questioned earlier about the gun model, he had refrained from providing specifics, claiming he was not a ballistics expert. “My lord, if anything is beyond the scope of re-examination, we will not shy away from addressing it,” Kabega added. Wakooli maintained that her questions were a direct extension of the issues raised during cross-examination. She then asked the witness to clarify which parts of the gun were examined and why those specific areas were chosen. This request followed earlier criticism from the defense, which questioned why certain parts of the firearm had been excluded from the analysis. Mubiru explained that he focused on parts that could contribute to the discharge of the weapon. “One must load the weapon, which is why I considered the magazine. To chamber a round of ammunition, the slide or barrel area must be engaged, and finally, the discharge occurs by pulling the trigger,” he explained. Mubiru added that he treated the trigger and the trigger housing as a single unit during the swabbing process because they typically interacted. Wakooli then shifted her questioning to the circumstances under which a firearm could become contaminated with blood, addressing claims by the defense that blood from the crime scene might have transferred onto the gun. “When you examined the gun, did you observe any blood?” she asked. Mubiru replied, “My lord, there were no visible blood stains.” To provide further clarity on the matter, two actual firearms were brought into the courtroom by security personnel. Wakooli noted, “A toy pistol may not sufficiently demonstrate what we need; so, we have requested real firearms for this illustration.” After the firearms were presented, Mubiru was asked to demonstrate which parts of the gun would have been in contact with the floor at the crime scene. He clarified, “The lower part of the grip and the slide, where the barrel is housed, would be touching the surface. The trigger, trigger housing, and magazine are not in contact with the surface.” Wakooli asked Mubiru to explain the differences between primary and secondary DNA transfer and which is more likely to be significant. “Primary DNA transfer occurs when DNA is directly transferred to an object,” Mubiru explained, adding, “My lord, the DNA transfer from primary contact is generally more significant than from secondary contact.” Mubiru was also asked to clarify his role at the crime scene, to which he responded that his responsibilities included supervising and supporting the forensic team already present. Wakooli also questioned Mubiru about the presence of blood from Molly Katanga throughout the room where the crime occurred. “You were asked about the swabs of blood from Molly. Did you know how that blood came to be in the room?” she inquired. Mubiru said he did not know how the blood came to be in the room. When further asked whether he could determine the quantity of blood present from the swabs provided to him, Mubiru replied, “No, My lord, I wouldn’t be able to determine that.” Wakooli addressed accusations from the defense that Mubiru’s report was based on “mysteries.” She asked the witness to clarify the basis of his findings. “Is it true that your report is based on mysteries, as alleged?” she questioned. Mubiru firmly denied the claim, stating that his report was grounded in data and evidence available from the analysis. On Wednesday morning, Prosecutor Wakooli resumed her re-examination of the witness. She began by asking him to explain the principles guiding the formulation of his forensic hypotheses. “My lord, I am guided by the analysis from a qualitative assessment. This assessment, my lord, informs me of the linkages between the specimens concerning the DNA profiles under examination. From this, I develop two sets of hypotheses, which must be mutually exclusive,” the witness explained. Wakooli aimed to address doubts raised during the defense’s cross-examination, particularly the suggestion that the witness might consult with the prosecution or police before conducting his analysis. She directly asked, “Do you elicit views from the prosecution or the defense before making your analysis?” The witness firmly replied, “No, my lord, I do not.” Wakooli also sought to clarify the testing process for DNA on the trigger and trigger housing, which was referenced in the DNA analysis report (Annexure 4, page 69). During the cross-examination, defense counsel Elison Karuhanga had pointed out an allele that allegedly did not match any of the accused or the deceased, suggesting possible contamination by one of the evidence collectors. Wakooli asked the witness to explain how he determined the major and minor contributors in the DNA analysis. The witness elaborated, “My lord, as mentioned earlier, after developing two sets of hypotheses, I proceed with a quantitative analysis. From this, the system provides a figure known as the likelihood ratio, which is shown on page 70. This ratio guides my opinion, indicating whether the prosecution’s hypothesis (Hp) aligns with the data better than the defense’s hypothesis (Hd). The estimates under each hypothesis on page 69 provide the contribution proportions for the three individuals of interest: Molly, Patricia, and the deceased.” He continued, “For specimen 682Y23S019, which pertains to the trigger and trigger housing, the deceased’s contribution to the DNA on this specimen is 38.687%. When compared to the DNA from the accused, Molly Katanga, her contribution is 43.1%. Based on this, the major contributor to specimen S004 is determined to be Molly Katanga, with a percentage of 43.1%.” Molly Katanga following court proceedings earlier Wakooli also asked the witness about his use of the phrase “a billion times more likely,” as the defense had suggested during cross-examination that such language was misleading and exaggerated. The witness clarified, “My Lord, in conducting the quantitative assessment, I use what is known as the likelihood ratio, derived through a method called maximum likelihood estimation. The figure referenced on page 70 exceeds a billion. This figure shapes my wording, which is capped at ‘a billion times more likely.’ This language is meant to convey which hypothesis the data supports, as reflected in my report.” Wakooli addressed a point raised during cross-examination regarding sample S017, which was a swab from the magazine of the firearm. She noted that the defense had questioned the presence of an “allele 25” that did not match any of the individuals involved in the case. Wakooli asked the witness to clarify whether any of the people of interest were detected at that location in the DNA analysis. Karuhanga objected to a line of questioning from Wakooli about an allele—specifically allele 25—identified during the DNA analysis. “My Lord, I am sorry to interrupt, but that question did not arise from the cross-examination. It is true we asked about allele 25, but we believe that this follow-up question goes beyond what was initially addressed,” Karuhanga argued. Wakooli countered, seeking clarification: “So, what did you ask about allele 25?” Karuhanga replied, “I asked the witness whose allele it was. He stated it did not belong to any of the persons of interest. I did not ask him anything about other alleles.” Judge Muwata intervened, noting, “What he is worried about is the introduction of new evidence.” Wakooli defended her approach, asserting that her question was in line with the cross-examination: “My Lord, I am not introducing new evidence. The witness mentioned that allele 25 did not belong to any of the people of interest, but the question remains: were those people of interest present at the same location, specifically at location FGA?” The judge, appearing to seek clarity, remarked, “I thought he already answered that!” Wakooli persisted, pointing out that the defense had only focused on a single location during cross-examination. “My Lord, if we recall, the defense repeatedly concentrated on only one location, despite the existence of others. At location FGA, there were several individuals apart from the one with allele 25. I want to clarify whether the individuals of interest were also present at that location.” Karuhanga said, “My Lord, that question did not arise during the cross-examination. The re-examination is limited to issues raised during the cross-examination, as per Section 137(3) of the Evidence Act. Introducing this line of questioning is outside those bounds.” Wakooli then revisited the DNA evidence involving specimen S023, a swab taken from a cartridge casing. She sought to address an earlier suggestion by the defense that the DNA analysis might have been compromised due to contamination by police officers. The witness reaffirmed that, to the best of his knowledge, no such contamination occurred. The prosecutor also revisited a defense challenge regarding the witness’s lab, which they noted was not accredited by ISO17025. When asked about this, the witness clarified: “My Lord, in my work, it is not mandatory to have ISO17025 accreditation prior to conducting an analysis. We operate under a mandate from the government and public service that established the Directorate of Forensic Services within the Uganda Police Force.” Wakooli further inquired about the source of the witness’s authority to perform forensic analysis. The witness pointed to legal backing, citing Article 212(c) of the Ugandan Constitution and public service standing orders that established his directorate. When questioned about the movement of exhibits not being detailed in his report, the witness explained, “Because it does not guide my opinion and is not part of my findings.” The discussion also touched on discrepancies between the descriptions of items in the police report and those observed by the witness, including the victim’s clothing. He clarified that he documented only what he observed and took photographs to support his findings. Regarding a prior accusation by the defense, suggesting that the witness altered evidence as alleged in the Uganda vs. Kato Kajubi case, Wakooli asked the witness to differentiate the current case circumstances. The witness responded, “In the Kajubi case, a discrepancy between police reference numbers in the post-mortem report and the evidence submission led to confusion. That situation does not apply in this case.” As the re-examination concluded, Wakooli requested the court to acknowledge a procedural issue regarding exhibits. “My Lord, while marking exhibits in court, we discovered that two—D3 and D4—had been marked but were not present. We request to have them removed from the list.” Defense counsel Kabega, referencing the witness’s previous involvement in the Kajubi case, remarked, “My Lord, this is a hangover from Mr. Mubiru on the Kajubi case.” The witness, visibly frustrated, requested a retraction. “My Lord, I request that counsel Macdusman retracts his statement.” Kabega replied, “My Lord, my friend Mr. Mubiru should have sought an apology from the Court of Appeal.” On Thursday, the prosecution presented a new witness in the Uganda vs. Molly Katanga and Others case. Naomi Nyangweso, 65, took the stand as Prosecution Witness 9. Nyangweso is the sister of the deceased, Henry Katanga, and mother to Timothy Nyangweso, Henry’s nephew. As Nyangweso was more comfortable giving her testimony in her native language, an interpreter translated her words for the court, while another interpreter assisted in translating court proceedings to George Amanyire, another accused in the case. The witness was sworn in and began by identifying the accused individuals. She pointed out Molly Katanga as the wife of the deceased and identified Patricia Kakwanzi, whom she recognized as Henry’s daughter. She also acknowledged George Amanyire as a houseboy who had worked under her employment for six years before she arranged for him to work at her brother’s residence. When asked about her brother’s character, Nyangweso described him as a peaceful individual who avoided conflict and mentioned that he was right-handed, using his right hand for daily tasks like eating and working. Nyangweso recounted the events of November 2, 2023. That morning, while she was in her apartment in Bugolobi, preparing for an appointment with her brother, she received a call from Amanyire. Justice Isaac Muwata He reported that he had heard a scuffle coming from the master bedroom. When she inquired further, he stated that there was a fight, but the call abruptly ended before he could provide more details. Concerned, Nyangweso called Patricia Kakwanzi to find out more about the situation. Kakwanzi informed her that she had not yet reached the home but was on her way there. Nyangweso then called her son Timothy, instructing him to contact another family member, Martha, to gather information. Timothy later informed her that Martha had told him Henry was resting and advised them to call back at 2 pm. However, shortly after, Amanyire called Nyangweso again with distressing news— Henry was dead. She immediately called her son to pick her up and take her to her brother’s residence in Mbuya. Nyangweso testified: “Timothy came and picked me up, and we went to Mbuya to Henry’s home. When we got there, we found a lot of people, including police officers and soldiers. I also saw Patricia and Amanyire, along with two other people I did not know.” Once at the residence, Nyangweso sought to access the rooms inside the house, but soldiers initially barred her from entering. After she explained her relationship to the deceased, another individual vouched for her, allowing her to proceed upstairs. There, she encountered two senior officers—one from the police and the other from the military. She pleaded with the officers to see her brother’s body. “They told me there were CID personnel conducting investigations,” she recalled. “I knocked, and a police officer opened the door and initially refused my entry, but I pleaded, saying he was my brother. They allowed me to see him but told me not to touch anything. I just wanted to see him.” She then described the heartbreaking moment when the police removed the bedsheet covering her brother’s body: “I saw him lying on a small mattress, wrapped in a plastic sheet.” As she spoke, her voice broke, and tears filled her eyes. “Who did you see when they uncovered the face?” Prosecutor Wakooli asked.“I saw Henry. Dead!” she responded, breaking into tears. The judge and court offered to pause the proceedings, acknowledging the difficulty of her testimony. Nyangweso insisted that she could continue, though visibly shaken. After seeing her brother’s body, she joined her son and nephews in the compound, where they questioned Amanyire about what had transpired. He maintained that he only heard the altercation while washing a vehicle outside. She stayed at the scene. Later, she followed the authorities as they transported her brother’s body to the mortuary. Nyangweso said she had multiple appointments with her brother leading up to his death. The last time she saw him was after Patricia’s wedding, which took place on a Saturday. They met the following Monday. She also recalled a previous meeting when she was in Mbarara. Henry had called her, requesting that they meet in his office to discuss a matter, but he insisted that a lawyer be present for the discussion. When she arrived, the lawyer was unavailable, and no further conversation took place. According to Nyangweso, Henry contacted her two days before his death, requesting a private meeting at a restaurant in Bugolobi. He arrived using a hired car, asking the driver to step out to ensure privacy. “He told me that Molly was trailing him and that she was dangerous,” Nyangweso testified. Henry also warned his sister not to call him on his regular phone, alleging that Molly was tapping his calls. He suggested buying her a separate phone for communication. Nyangweso recalled that Henry expressed his desire to meet with a lawyer to draft a will. When she questioned the urgency of making a will, Henry assured her they would discuss the matter in detail after his daughter Patricia’s wedding. They met again in Henry’s office on Nkrumah Road after the wedding, where he confided further fears. “He told me, ‘Molly wants to kill me, and the gang is big. I want to give you all my things,’” Nyangweso recounted. She explained that Henry had transferred personal documents to her, including land titles, bank account details, and records of people who owed him money. Their next meeting was scheduled for November 2, 2023, at 10 am., where they were supposed to finalize the drafting of the will with a lawyer. However, Nyangweso never made it to the meeting. That morning, she received a distressing call from the houseboy, George Amanyire, who informed her of Henry’s death. When asked by Prosecutor Wakooli why the meeting did not occur, Nyangweso replied with a trembling voice, “Because they killed him.” The witness detailed her efforts to get to her brother’s house in Mbuya, where she found police officers and soldiers already present. She described her emotional encounter with Henry’s body, which was lying on a small mattress. Despite her pleas, the officers initially barred her from entering the room but eventually allowed her to view the body briefly without touching anything. DEFENSE COUNSEL’S REQUESTS FOR DOCUMENTS Following the witness’s testimony, defense counsel Peter Kabatsi addressed the court, questioning the prosecution about certain items that were reportedly in the deceased’s safe. Kabatsi referenced a statement by Nyangweso from November 15, 2023, in which she indicated that the police had inventoried the contents of the safe. He requested photographs and a list of these documents, as well as any relevant police forms detailing the inventory. “We made a formal request to the Director of Public Prosecutions (DPP) on May 29 for several documents, some of which have not been provided, including this list and the photographs,” Kabatsi argued. He insisted that these items were necessary for the cross-examination to verify the witness’s claims about the contents of the safe. Prosecutor Wakooli countered Kabatsi’s request, asserting that the prosecution is only obligated to provide documents it intends to use as evidence. “These are personal documents of the deceased and not of the witness. They are not part of our evidence, and we cannot provide what we do not have,” she explained. “The defense is essentially on a fishing expedition.” Kabega argued that the documents were necessary to assess the credibility of the witness’s statements. JUDGE SEEKS CLARIFICATION ON DOCUMENT AVAILABILITY The judge intervened, asking the prosecution to clarify whether the requested documents and police forms existed. Wakooli maintained that she did not have the documents in her possession but agreed to provide a detailed response on their availability. The judge said, “You may not intend to rely on the document, but it has already been referenced, and the defense has the right to request it.” After further discussions, the prosecution conceded to provide a list of the items in question directly in court, noting that it would expedite the process. The judge accepted this resolution and adjourned the hearing until October 8, 2024. {loadposition inarticle}  

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@observer Wed, 09 Oct 2024 06:12:42

Why technology has failed to improve Africa’s elections - report

Technology was supposed to be a great equalizer in Africa’s democratic journey, but as the “State of Internet Freedom in Africa 2024” report reveals, technology has instead become a tool for authoritarian control. As internet shutdowns, disinformation, and the digital divide grow, the hope for transparent elections continues to dim away, writes FRANK KISAKYE. Technologies initially seen as tools to empower Africa’s youth and dismantle authoritarian regimes have, paradoxically, become instruments of digital repression. Rather than facilitating democratic transitions, politicians are exploiting these innovations for misinformation, censorship and disinformation. Hopes were high as mobile phone usage and internet access rapidly expanded across the continent, reaching 43 per cent mobile penetration with 489 million unique subscribers and 25 per cent internet penetration with 287 million mobile internet users. These advances were expected to modernize electoral processes through biometric voter registration, digital verification methods, and faster result transmission. However, the “State of Internet Freedom in Africa 2024” report by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) reveals a darker reality. Rather than promoting transparency, governments have turned to technology to undermine elections, suppress dissent and manipulate outcomes. States have used technology to suppress elections Launched in Dakar, Senegal, at the 2024 Forum on Internet Freedom in Africa (FIFAfrica) which was co-hosted by CIPESA and AfricTivistes, the report emphasizes how digital repression has become a key tool for authoritarian regimes. Cheikh Fall, president of AfricTivistes, urged the continent to develop indigenous digital frameworks, saying, “Africa’s greatest challenge today is that it is experiencing the effects of all three industrial revolutions that shaped the world. We must create homegrown technologies and frameworks that address the continent’s unique needs and aspirations.” INTERNET SHUTDOWNS The report highlights countries such as Chad, Gabon, Uganda, and Zimbabwe, where internet disruptions and shutdowns have been used during elections and protests to stifle political opposition and control information. Since 2022, over 18 election-related internet disruptions have been recorded across Africa, a clear sign of growing digital authoritarianism. Rather than embracing transparency, these regimes are using technology to erode democratic governance. Internet censorship, surveillance, and repressive laws are also key tactics used to weaken civic participation. Countries like Ethiopia, Mozambique, and Mali have engaged in targeted surveillance of political opponents and human rights defenders. The result is an environment where citizens fear participating in democratic processes, fearing reprisal and distrusting government institutions. For example, Uganda has blocked Facebook since 2021 after President Yoweri Museveni accused the platform of siding with the opposition by deactivating accounts linked to his ruling National Resistance Movement (NRM). Facebook accused NRM of creating ‘fake accounts’ to manipulate the electoral process. This growing trend toward digital suppression makes it increasingly difficult for citizens to engage politically. In 2023 alone, African governments imposed 283 internet shutdowns in 39 countries - a 41 per cent increase from 201 shutdowns in 2022. Ten of these shutdowns specifically targeted social media platforms like Facebook and X (formerly Twitter), which were once seen as tools for youth empowerment. Instead, these platforms have become victims of repression, preventing young people from using them to effect political change. Despite 2024 being a pivotal year for African democracy, with over 20 countries heading to the polls, authoritarian regimes are doubling down on their use of technology to suppress opposition and manipulate electoral outcomes. This year could further erode trust in electoral transparency as governments increasingly seize control of internet governance. Internet shutdowns have far-reaching consequences beyond politics. In conflict zones like Gaza, Myanmar, and Sudan, shutdowns disrupt essential services, including humanitarian aid. African countries are no exception. For instance, Algeria lost an estimated $70.4 million due to internet disruptions between 2019 and 2024. Ugandan advocate Michael Aboneka warns that the continent may see even more internet shutdowns as regimes aim to control narratives during elections and protests. The economic and social costs are profound - undermining public trust in election outcomes and exacerbating political tensions. Disinformation has also emerged as a key tactic to manipulate African elections. The CIPESA report highlights the increasing use of artificial intelligence (AI) to create fake content that misleads voters. Politicians are weaponizing AI to discredit electoral bodies and deepen political polarization. In Uganda, for example, AI-generated disinformation has fueled the power struggles between prominent figures such as General Muhoozi Kainerugaba and President Museveni’s son-in-law, Odrek Rwabwogo. This not only confuses voters but also distorts the political landscape, making it difficult for citizens to make informed choices. The proliferation of disinformation diminishes trust in democratic institutions, and AI’s ability to amplify these false narratives poses a growing challenge to fair elections. While technology has transformed some aspects of African elections, the digital divide remains a significant barrier. High data costs, poor infrastructure, and limited digital literacy exclude large portions of the population, particularly rural communities, women, and people with disabilities. Countries like Zimbabwe, South Sudan, and the Central African Republic have some of the most expensive mobile data prices globally, preventing many citizens from accessing crucial information and participating in online civic spaces. This deepens political inequalities and prevents marginalized groups from fully engaging in the democratic process. fkisakye@observer.ug {loadposition inarticle}

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@observer Wed, 09 Oct 2024 06:39:06

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@observer Wed, 09 Oct 2024 06:43:14

USA envoy extols role of higher education in creating active citizens

The USA ambassador to Uganda, William W. Popp has praised and given examples of how higher education contributes to the creation and nurturing of responsible and active citizens in a democratic setting. Popp was delivering the keynote lecture, ‘The role of higher education in building active citizens’, at the annual Prof William Senteza Kajubi Fulbright Memorial Lecture at Yusuf Lule CTF auditorium, Makerere University on October 3, 2024. Senteza Kajubi was the first student from Africa to benefit from the Fulbright scholarship in 1952; and as noted by many speakers, he opened many gates for Ugandans and Ugandan institutions to access several educational and collaboration opportunities from USA. He later grew into a giant in Uganda’s history, as a distinguished educationist who headed a national educational policy review commission at two different times and became vice chancellor of Makerere University twice, among others. His several reform recommendations, such as universal free education, greatly impacted education in Uganda. “Through education, internships and student councils, universities empower individuals to engage in democratic processes and social change. These experiences build the foundation for an active and informed citizenship,” Popp said. He added that universities can build active citizens by fostering debate and critical thinking, whereby students get platforms where they can question, debate and critique issues, which in turn builds their ability to make informed decisions. “Universities play a crucial role in promoting civic participation, critical thinking, and informed citizenship, which are essential for a healthy democracy. A responsible and responsive democracy depends on citizens who are capable of engaging peacefully with each other and their leaders in informed and constructive ways,” he added. Picking on the field of civic education, Popp said, “Universities offer courses in political science, history, sociology and other disciplines that educate students about the functioning of democratic systems, civil rights and global issues. They also often provide a platform for students to engage with current and former political leaders.” The ambassador argued that by university students engaging in discussions around controversial and complex issues, they can develop the ability to form informed opinions and engage in responsible and democratic discourse. “From civil rights to climate action, history shows that universities are incubators of social movements. Students learn to challenge the status quo and advocate for policies that benefit society as a whole..... Higher education isn’t just about earning degrees; it’s about developing the skills and values that shape active, engaged citizens ready to contribute to a better world.” The ambassador also announced that within a few weeks, Makerere would open a centre for United States studies under the department of Political Science and Public Administration. Makerere University vice chancellor Prof Barnabas Nawangwe described Senteza Kajubi as, “One of the most intelligent people that I have ever met. He is a big figure in Uganda’s history, having been a huge educationist and served twice as the vice chancellor at Makerere.” University Council chairperson Lorna Magara stressed that education has three fundamental aspects, not just the one of acquiring knowledge; the other two are understanding and application of the knowledge, and acquisition of values and soft skills relevant for communicating with and fitting in society. {loadposition inarticle}

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@observer Wed, 09 Oct 2024 07:08:49

Museveni turns the gun on predatory moneylenders

President Yoweri Museveni announced plans to introduce new legislation aimed at regulating moneylenders in Uganda, citing concerns over exploitative practices. The president made this statement during the Southern and Eastern Africa Chief Justices’ Forum (SEACJF) Conference and Annual General Meeting held at Speke Resort Munyonyo, Kampala.“Moneylenders are becoming a problem. They go to villagers, cheat them, and charge them exorbitant interest rates, yet the inflation rate in Uganda is very low. The inflation rate is three per cent or even lower, but you find moneylenders charging over 240 per cent,” Museveni remarked.He expressed particular concern about moneylenders exploiting illiterate borrowers by disguising lending contracts as purchase agreements, often resulting in the loss of property. “A lending contract is hidden as a purchase contract. If I were a judge sitting in the case, I would ask myself how a house in Munyonyo would cost Shs 1 million. It is good to be aware of the wider context. I want to bring a law to fight moneylenders,” Museveni stated.Currently, moneylenders in Uganda are regulated by the Uganda Microfinance Regulatory Authority (UMRA), under the 2016 Tier IV Microfinance Institutions and Money Lenders Act. The law oversees the licensing and management of tier-four microfinance institutions and moneylenders.According to UMRA, interest rates for loans from moneylenders and commercial banks are not capped, leaving lenders free to set their own rates. Meanwhile, the Bank of Uganda’s data shows that as of August 2024, the country’s central bank interest rate stood at 10%.TELCOM CREDIT SERVICE PROVIDERS ISSUE WARNINGTelecom service providers are pursuing accredited credit provider certification to strengthen efforts against loan defaulters. Richard Yego, CEO of MTN MOMO, outlined the initiative, emphasizing how this certification will integrate credit information into a central database, accessible by banks and telecom providers through the credit reference bureau.“This solution allows us to track customer credit behaviour across all networks and banking systems,” Yego explained. “Even if a customer changes their Sim card or switches to another network, we will use their national identification number (NIN) for tracking. Unlike phone numbers and bank accounts, the NIN remains constant, allowing us to follow up on defaulters more effectively.”ARRESTS OF LAWMAKERS OVER LOAN DEFAULTSThe crackdown on loan defaulters has already seen high-profile cases. Last year, several members of parliament, including Davis Kamukama, Patrick Mutono and Robert Mwesigwa Rukaari, faced arrest and court charges over unpaid loans. Rukaari was charged with failing to repay a loan of Shs 700 million, while Kamukama owed Shs 69.1 million. Dr Mutono faced remand for defaulting on a Shs 300 million loan, underscoring the legal risks for those unable to meet their financial obligations.MONEYLENDERS ASSOCIATION PUSHES FOR INDUSTRY STANDARDSJonathan Akandwanaho, chairman of the Association of Moneylenders in Uganda (AMILU) announced efforts to standardize loan documentation and ensure compliance with best practices. This includes a review of application forms, agreements and offer letters to ensure that lenders follow legal procedures. “Going forward, the issue of moneylenders illegally seizing property in exchange for loans will be a thing of the past, as this practice is unlawful and has tarnished the industry’s image,” Akandwanaho stated.He highlighted plans for more rigorous client assessments, using the Credit Reference Bureau (CRB) to evaluate a borrower’s capacity to repay loans beyond the collateral offered. “We will require all moneylenders to run CRB checks before issuing loans, reducing the risk of lending to individuals who are already burdened with debt,” he added.Akandwanaho also addressed ongoing disputes between lenders and borrowers, which often arise when clients take out additional loans while already in debt. He emphasized that the failure to conduct CRB checks has led to increased defaults and disputes between lenders and borrowers.TRAINING AND IMPROVING INDUSTRY PRACTICESThe association is collaborating with the Uganda Microfinance Regulatory Authority (UMRA) to conduct workshops aimed at educating moneylenders and encouraging them to join the Association of Moneylenders in Uganda. The training focuses on implementing uniform practices for loan collection and improving overall professionalism within the industry.“A key part of our reform is to establish a standardized collection method, which will prevent unprofessional practices like contacting a borrower’s relatives for payment,” Akandwanaho noted.He also outlined plans to categorize lenders into two groups: legitimate lenders who meet regulatory standards and illegitimate operators. “We will create a list of qualified moneylenders, making it easier for clients to identify reputable lenders when seeking loans,” he added.These reforms come as part of a broader effort to regulate the money-lending sector, improve transparency, and protect both lenders and borrowers in Uganda’s evolving financial landscape.REACTIONS TO MUSEVENI’S STATEMENTSThe proposal by President Yoweri Museveni to introduce a new law regulating moneylenders has sparked mixed reactions from lawmakers and legal experts.Busiro County East MP Medard Lubega Sseggona expressed partial support for the idea, particularly if it involves stricter regulation and licensing requirements for moneylenders. However, he raised concerns about the practicality of such a law without providing alternative financial solutions.“I support the law to the extent that it criminalizes moneylending without a license and regulation. But before you introduce such legislation, there must be viable alternatives. Does the president have options that ensure affordable loan services? Without alternatives, people will continue to resort to unregulated moneylenders,” Sseggona stated.Sseggona cautioned that if the law is introduced without addressing these issues, moneylenders might find ways to operate covertly. “If the law comes into force, money-lenders will go underground. They could draft agreements disguised as sales contracts, a practice that has already proven effective in avoiding regulations. Furthermore, access to justice through courts is slow, often taking five to 10 years for such cases to resolve,” he added.He further advised President Museveni to take a more serious approach, seek counsel and develop comprehensive solutions. “Otherwise, at this point, it seems more like a political statement than a practical solution,” Sseggona remarked.George Musisi, a human rights lawyer, also commented on the issue, pointing out that Uganda already has legal frameworks in place, such as the Tier IV Microfinance Institutions and Money Lenders Act, which addresses many of the challenges within the sector.“We already have a law that criminalizes many of the existing issues, such as unlicensed moneylending, undocumented loan agreements, and illegal compound interest. Yet, many of those causing harm operate outside the law. The real question is why this existing law has not been fully enforced,” Musisi said.He emphasized the need for the government to facilitate easier access to microfinance as a solution, noting that the current banking process is often too slow and bureaucratic. “Microfinance with lower interest rates could be a better alternative, especially for people who genuinely need support. Currently, even business owners can wait up to three months to secure a loan from a bank,” Musisi added.Both Sseggona and Musisi highlighted the importance of providing affordable and accessible financial services as part of any regulatory reforms, suggesting that without such measures, attempts to regulate moneylending might prove ineffective. {loadposition inarticle}

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@observer Wed, 09 Oct 2024 06:51:53

Court upholds right to life in deceased migrant worker’s case

The High court has ruled in favour of Desire Namale, a daughter of a deceased migrant worker in Saudi Arabia, in a landmark case that underscores the critical importance of protecting the right to life of women externalised to work in the Middle East. Namale, a biological daughter of the late Milly Namutamba who died in Saudi Arabia in early 2019, sued Horeb Services Uganda Limited and its director, Ezra Mugisha, for violating the right to life of her mother whilst in Saudi Arabia. Desire told court that her mother was taken to work in Saudi Arabia by Horeb Services Uganda Ltd on August 19, 2018, as a domestic service worker. At the time of leaving the country, Namutamba was in perfect health and was subjected to a medical check-up by Horeb Services Uganda Limited. While her mother was in Saudi Arabia, they kept in constant communication for about five months before she unceremoniously went silent. After one month of no communication, she got worried and contacted her relatives, including the director of Horeb, who advised her to go to their offices to raise the matter. She stated that she kept frequenting their company for two years seeking to know what had happened to her mother but the company was non-responsive. Later on in September, 2022, her uncle, through sources unknown to her, discovered that her mother had died. THE RULING Namale and her uncle approached Horeb Services Uganda Limited’s offices and on this occasion, the respondents confirmed the death of her mother and promised to formally update them on the cause of death, which they never did. In the October 7 ruling, High court declared that Horeb Services Ltd and its director violated Namale’s right to life, as enshrined in Article 22 of the Constitution. The court held that a licensed recruitment company is obligated to assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement. That being the case, it is wrong on the part of Horeb Services Ltd to argue that the responsibility over Namutamba lay against the other stakeholders and, not on themselves. The legal framework clearly indicates that the Horeb Services Ltd bore the primary responsibility over the safety and life of the deceased migrant worker. Horeb Services Ltd was also the entity vested with locus to enforce against any breach of the agreed terms against either the foreign recruitment agency or Saudi Arabia. The court has declared that the actions and omissions of Horeb Services Ltd and its director infringed on Namutamba’s right to life and ordered that the company and its director shall pay to Namale and her uncle a sum of Shs 200m as general damages and a sum of Shs 50m in exemplary damages. Horeb Services Ltd and its director shall pay the taxed costs of the case to the applicants in the case. Namale’s lawyer Titus Asiimwe from the Women’s Probono Initiative hailed the decision as landmark ruling. “This ruling sends a powerful message; human life is invaluable and labour recruitment and externalisation companies which do not accept and take responsibility over migrant workers they export to the Middle East will not be tolerated,” he said. On her part, Namale said the victory is a testament to the resilience of survivors and the power of justice. “We appreciate the High court for honouring our call to end impunity among labour recruiters who do not acknowledge the pain and suffering of relatives of women who die in Saudi Arabia,” he said. This decision sets a crucial precedent that labour recruiting agencies have responsibility to protect rights of migrant workers to the Middle East as espoused in Ugandan laws. It also highlights the importance of holding perpetrators of human rights violations accountable and ensures that justice for survivors and relatives of deceased migrant workers is achieved. {loadposition inarticle}

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@observer Wed, 09 Oct 2024 07:21:02

A day in the life of NUP secretary general David Lewis Rubongoya

“Can you call me at 5 am? That’s the best time for me to talk before I get entangled in my daily programs,” is what David Lewis Rubongoya, the secretary general of the largest opposition party, the National Unity Platform – NUP, told us when we first contacted him to set up an interview for this story. As secretary general, he is responsible for many of the day-to-day activities of NUP. And being the party that the state loves to hate, you never know what is going to happen. Things can get out of control very fast and without warning. For two days recently, The Observer shadowed Rubongoya to witness first-hand how his typical day looks like. The day started at his Kavule office and ended there. Rubongoya says his day starts anywhere between 4 am and 5 am with phone calls. “It’s very easy to get me around that time, but after 7 am, I get so many phone calls that sometimes I end up not picking,” Rubongoya says. Because of the so many phone calls and perhaps as a security measure [WhatsApp calls are generally more secure], Rubongoya takes few direct calls. In fact, there is a code he sometimes puts in his phone that does not allow direct calls to filter through, in order to not disrupt WhatsApp calls. But he receives a notification that someone was trying to call him. So, those he deems important, he calls back. Rubongoya says about 80 per cent of all calls are from people requesting for financial support – mostly victims of state repression, and party leaders across the country. About 10% are politicians eyeing seats in the next election. About 5% of the calls come from those who want to go abroad – mostly those living in fear for their involvement with NUP politics. According to him, it is only about 5% who call him for other matters critical to their cause. This kind of breakdown is not different from the people who seek to see him physically.On the two days The Observer followed Rubongoya around, his secretary had already scheduled more than ten appointments by 9 am. There are groups of young people who want to emigrate to Western countries, looking for recommendation letters supporting their asylum applications. I ask him what he does with these many young people seeking to leave the country. Rubongoya says they have a process of verifying those seeking these letters. “You really must have been part of us and have a genuine threat to your life. If you are not, we won’t recommend you,” Rubongoya says. He, nonetheless, admits that this is one of the most difficult things to do as a party. “On one hand, we still have a lot of work to do here that needs everybody’s contribution. But on the other hand, you know for a fact that if some of these people don’t leave, you are endangering their lives especially when we have people who have spent four years in prison and others who have paid the ultimate price. Almost every week, there are new NUP supporters being abducted and tortured. So, if someone has secured their visa and wish to apply for asylum, you may have to recommend them,” Rubongoya says. In his office, Rubongoya meets different people with different concerns. Students from universities seeking party financial support to field candidates, other political party leaders seeking to have political cooperation with NUP, prospective candidates for political positions badmouthing their opponents, suppliers of political party regalia, journalists looking for comments arising from statements made by officials from the ruling party, among others. Although Rubongoya limits phone calls, those he receives are quite many and I was able to listen in on the kind of conversations he has. “Hello SG, my name is...they haven’t sent money for the school fees for this term,” one caller who was injured during the chaos in the 2018 Arua by-election says on phone. Rubongoya promises they will send. Two minutes later, another caller from Kitalya prison in Katabi calls to say that the human rights lawyer from the party had not visited him, despite promises. Immediately, Rubongoya calls the lawyer and grills him on why he has not visited this prisoner who was arrested when he was demonstrating during the Non-Aligned Movement summit in Kampala. “Hello SG, the court hearing has ended, the state attorney didn’t come; so, the matter has been adjourned but we are stranded, we need transport back to Kampala.” On the call was one of those attending the High court at Gulu in a case filed against the people accused of allegedly stoning President Yoweri Kaguta Museveni’s car in the infamous Arua by-election. “Hello, Counsel, I was able to raise part of the school fees for the kid at university, but I’m left with Shs 1.2 million and also Shs 750,000 for the other kid. I need assistance,” a wife of one of the 18 NUP missing persons, calls. “Currently, we don’t have money, but let Shifrah organise to send you Shs 500,000,” Rubongoya tells the woman. Shifrah is the welfare officer who regularly keeps in touch with the families of victims. Lewis Rubongoya Political prisoners are a big part of Rubongoya’s daily drill. When he is not in court, he is trying to mobilize resources for bail or visiting the different prisons across the country. In a month, he can visit up to six times. He is now known to many prisons warders many of whom are really happy to see him. On the two days I shadowed him, he visited Murchison Bay and the Women prison, both at Luzira. On the first day, the journey aborts because it rains hard and long, yet Uganda Prisons Service’s standing orders prohibit visits while it is raining. The following day, Thursday, he visits again; there is an urgent matter to solve. A prisoner named Saanya (real name Muhuydin Kakooza), the guy who usually shouts his protests during the Court Martial hearings, has been broken. The close-to-four years Saanya has spent in prison have taught him that belligerence against the Court Martial might not be the best way of ever getting back his freedom. State operatives have asked him to admit guilt and in return be given a light sentence and then be released. Like the other prisoners, the state has promised that if they plead guilty, they will be given money, houses and security upon release. The problem is, Kakooza now has to accuse Bobi Wine of profiteering from their misery. In recordings taken by Presidential Advisor Full Figure [Jennifer Nakanguubi], Saanya even apologizes for being misled by Kyagulanyi. Unfortunately for Saanya, these confessions have not yielded a quick return. The Court Martial is still taking its sweet time, leaving his sustenance in balance. See, NUP had put the prisoners on monthly stipends and also made sure that they were not short on supplies such as food, sugar, soap and other necessities that the Prisons system does not provide. So, Saanya wanted to “clear his name” because he had been misled into admitting guilt. Rubongoya listens patiently to his about-turn. “I would understand if you wanted to just make a deal with the regime to get out of prison. We advise against it because you cannot trust the Museveni regime, but as human beings; we understand the frustration and desperation. But why not be like your other colleagues? Have you heard them mudslinging the president?” Rubongoya says, referring to Kyagulanyi. He tells Saanya that if he wants to change his plea, he should do so without telling lies and trying to undermine the party which has done everything to support them with lawyers and other needs. At this point, three people among the many NUP political prisoners have changed their pleas to guilty after being promised a better life. The other two, tell Rubongoya that they are just tired of prison. Close to four years on remand has taken a toll on many of them. [Since that visit, the number of those who have capitulated and are pleading guilty has now increased to 17.] OLIVIA LUTAAYA Leaving the men’s side, Rubongoya then visits the now famous Olivia Lutaaya; the sole woman NUP political prisoner still at the Women’s prison. The first thing she tells Rubongoya is that she is tired and confused. Olivia Lutaaya “I don’t know what to do anymore; people have come to me and asked me to plead guilty and also implicate the president. They have promised to release me and also help me financially. I’m tired of prison,” Lutaaya tells Rubongoya. She has also spent four years on remand. “There is nothing as hard as being a prisoner on remand; you are here without knowing what is going to happen next; you would rather they sentence you and you know how long you are going to be here,” Lutaaya says. In response, Rubongoya tells her they trust she will do the right thing. Her only crime was to publicly show support for Kyagulanyi. At Luzira, we also find Patricia Katanga, one of the daughters of the now infamous Kantagas. She has come to see her mother Molly, who is also on remand, accused of killing her husband last November. Unlike the other guests who see prisoners from the office of the deputy officer in charge, Patricia is allowed to go through the prison wards gate. We refrain from asking why, because we are just here as any other visitor, not journalists. After about 30 minutes, Rubongoya leaves, but not after reassuring Lutaaya of the unwavering support from the party and promising that although he was leaving some money on her account, her monthly stipend would also come. The party also looks after the families of most of these prisoners in many ways, including paying school fees. While he drives back to office now at around 3 pm, Rubongoya receives another phone call. This time from a relative of one of the boys arrested when Kyagulanyi was in Bulindo. They were looking for money to pay surety for him to be released on bail; it was less by Shs 150,000. Rubongoya asks his assistant to call the party accountant and ask him to find the money for them. At office, no sooner has he alighted than a man in his 40s approaches him to ask for assistance to join Law Development Centre for his one-year bar course. He needs Shs 2m to start studying. He is a boda boda rider who has been an active party supporter escorting Kyagulanyi to many places. “How do you manage all these financial needs for all these people?” I ask him. At the risk of appearing insensitive, I also ask him why the party feels obligated to help such people and particularly those in prison? “We would really be bad people if we abandoned them in their worst moment. We know these guys personally; many of them were arrested during party activities; surely, that is the least we can do to support them,” Rubongoya says. In addition, he explains that if people are injured or arrested and they are not helped, that decreases the morale of other activists and supporters. “That is the strategy of the state. By engaging in all these arrests and abductions, the state firstly wants to keep us very busy on welfare and court issues instead of concentrating on more strategic matters. Secondly, they want to discourage participation.” Because of the amount of work involved with these victims, NUP has a welfare officer, a human rights officer and a lawyer who all sit at the headquarters, in addition to other lawyers who do not sit at the party offices. Rubongoya explains that NUP runs under ten departments including mobilisation; organisation and party building; election management; policy and research; legal and human rights; training and leadership development; arts, culture and sports; diaspora and international relations, etc. He supervises the heads of these departments. On other days, he has to attend meetings and conferences outside the office, and at times he has to go upcountry and visit NUP leaders in different places. I ask if he gets time for his family. “Yes, but not so much time. At times you have to leave home early morning before children wake up and return much later in the night when they’re asleep. But this is what it takes. You must be willing to sacrifice.” One of his greatest regrets is that he paused his PhD studies in 2018 because of the demands of this work. “It was always my dream to get my PhD by 35, but I had to pause it and first concentrate on this work.” Does he envisage a role in competitive politics? “It is something we are still discussing with colleagues and you will know when a decision has been made,” Rubongoya says, before he is interrupted by another phone call, this time from London inquiring about their imminent trip to visit party supporters in the United Kingdom. “It would be good to take on an elective leadership role firstly to serve the people. Secondly, some leaders tend to think we (party officials) are being hard on them with high expectations simply because we do not occupy elective positions. Maybe it would be good to occupy those roles and set those expectations in practice,” Rubongoya says, reminding me that he took a shot at the East African Legislative Assembly and held numerous student leadership roles while at Makerere University. His influential role and workaholic nature has earned him enemies. Some have publicly expressed their dislike of him by even casting doubt on his opposition to the NRM, while others continue working clandestinely to undermine him. “Of course, it sometimes hurts that some comrades lead a charge to discredit you, but this doesn’t stop us from marching forward. You have to keep your eyes on the ball. I have a role to play and as long as I occupy this position, I’ll try to give it my best.” mmkakembo@gmail.com {loadposition inarticle}

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@observer Wed, 09 Oct 2024 07:33:15

State House unit probes ministers Kasaija, Anite

A whistleblower has petitioned the State House Anti-Corruption Unit (SH-ACU), alleging corruption and irregularities involving Finance minister Matia Kasaija and State Minister for Investment and Privatization Evelyn Anite in the appointment process of the new Uganda Investment Authority (UIA) board chair. The ministers are accused of drafting and backdating letters to manipulate the board’s appointment process, bypassing standard procedures. According to the petition, filed on October 4, 2024, Donozio Opolot claims that on October 1, 2024, Minister Anite drafted and backdated letters to September 26, 2024, instructing Minister Kasaija to remove the existing UIA board. The petition further alleges that Anite informed Kasaija she would allocate three board positions, including the appointment of Kasaija’s personal assistant, Robert Kyamanywa, as the UIA board chair, despite his lack of experience in investment matters. Anite reportedly reserved the remaining four positions for herself and asked each board member to support her plan to remove Robert Mukiza, the UIA executive director, and replace him with individuals loyal to her to facilitate questionable deals. “This process was done without vetting the board members, verifying academic qualifications, assessing relevant experience, or evaluating their understanding of the UIA’s mandate and integrity. Imagine Hon. Anite and Hon. Kasaija appointing Robert Kyamanywa, who has no experience in investment matters,” the petition reads. The spokesperson for the State House Anti-Corruption Unit, Natasha Mariam Oduka, confirmed receipt of the petition and stated that the Unit would initiate investigations into the allegations against the ministers. The SH-ACU aims to thoroughly examine the claims and ensure accountability in the appointment process. Finance minister Matia Kasaija recently dissolved the Uganda Investment Authority (UIA) board, which was chaired by Morrison Rwakakamba, and appointed Robert Kyamanywa, his political assistant in Kibaale district, as the new chairman, effective October 1, 2024. The appointment, made on September 26, comes with a three-year term, which may be renewed upon successful completion of the initial period. According to the appointment letter, the new UIA board is expected to convene at least once every quarter. Board members will receive a sitting allowance of Shs 1 million before tax, a consolidated kilometrage allowance of Shs 3 million per month before tax, and any additional facilitation allowances as per public service standing orders. Donozio Opolot’s petition has raised concerns over the integrity of the appointment process. The petition questions the lack of vetting procedures, verification of academic qualifications and relevant experience of the new board members, specifically highlighting Kyamanywa’s appointment as chairman despite his purported lack of experience in investment matters. The appointment, according to the petition, has “raised eyebrows.” The petition further claims that State Minister for Investment and Privatization Evelyn Anite pressured the UIA to reinstate Amelia Natukunda, whose contract had not been renewed due to what was described as poor performance. “Hon. Anite was fully aware that, beyond being a non-performer, Ms. Natukunda also lacked the qualifications to serve as Deputy Director of Human Resources. When the board resisted her directive to reinstate Natukunda, she dissolved it,” the petition alleges. Minister Evelyn Anite (R) is also under probe The whistleblower also accuses Anite of targeting the previous board and UIA management for opposing her directives. According to the petition, Anite had pushed for certain companies to be considered in land acquisitions and convened meetings at the ministry of Finance, urging the board to oversee the acquisition process. However, the board reportedly resisted, emphasizing that their role was limited to policy guidance and that they were legally barred from direct involvement in procurement matters. “She called two meetings at the Ministry of Finance and directed the board and Mr. Paul Kyalimpa, whom she appointed, to oversee the acquisition of the land. But the board reminded her of their legal limitations, which include policy guidance and their restriction from direct procurement. This infuriated the minister, prompting her to seek a board that would comply with her directives,” the petition reads. The allegations have been referred to the State House Anti-Corruption Unit (SH-ACU), which has confirmed that it will investigate the claims to ensure that proper procedures are followed in the UIA board appointments. A whistleblower also alleged corruption and misuse of power by Evelyn Anite, in connection with activities at the Namanve Industrial Park. The allegations claim that Anite siphoned funds through various methods, including cost escalation, overtime claims, and other questionable practices. The petition asserts that when the Uganda Investment Authority (UIA) board resisted her demands to allocate land to companies from which she allegedly received payments, she orchestrated the termination of the board members’ contracts. According to the whistleblower, Anite replaced the board with individuals of her choosing, instructing them to facilitate her alleged activities, which are reportedly conducted from the Protea hotel in Kololo. The whistleblower’s petition details further allegations, including claims that Anite engaged in influence peddling, misappropriation of funds, and irregular land allocations at the Namanve Industrial Park. The petition cites a specific case involving the purchase of 30 acres of land for the Small and Medium Enterprise Park and a sewerage treatment plant, valued at over Shs 57 billion, which reportedly contributed to tensions between Anite and the dismissed board members. In addition to these allegations, the whistleblower accuses Anite of accumulating wealth through dubious means, including the construction of L’Hotel Le Confidentiel in Arua. The petition questions how the hotel’s construction costs align with Anite’s official income from public service. It also claims that she manipulates her financial records to underreport tax payments. “Most of those structures were built using funds siphoned from the Namanve Industrial Park, with the assistance of Alex Nuwagira, the project manager,” the petition alleges. It further claims that Anite compelled the UIA to contract her hotel to provide catering services during a UIA summit in Nebbi, earning her over Shs 50 million, which the whistleblower cites as a clear conflict of interest. The whistleblower has called on the SH-ACU to thoroughly investigate these allegations and take swift action to safeguard the integrity of the Uganda Investment Authority and public resources. Despite repeated attempts, neither Matia Kasaija nor Evelyn Anite responded to requests for comment regarding the allegations. Minister Evelyn Anite has repeatedly addressed the allegations of corruption and wealth accumulation against her, expressing her willingness to face any evidence brought forward. Anite has also stated her openness to undergoing a lifestyle audit by the inspector general of government (IGG). “I know I have gone through fire, but if I am guilty; I am ready to face whatever comes my way. If I have fallen short of God’s glory and evidence is there, I am ready to walk to Luzira prison. People fear the corrupt because they are powerful, but I won’t back off. If there is evidence that I took money from any investor or have shares in any company, I am ready to walk to Luzira,” Anite declared. She further emphasized transparency among public officials, saying, “Let every government official account for what they have. Accept the lifestyle audit by the IGG. Anyone with evidence against me should bring it forward, and I am ready to walk to Luzira.” {loadposition inarticle}

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