Connect with us

NEWS

DOCUMENT: Mabirizi Files 88 Grounds Why Supreme Court Should Force Kabaka To Reveal His Wealth

Published

on

Maverick city lawyer Male Mabirizi Kiwanuka has filed his 88 grounds to the Supreme Court asking it to force his Kabaka (king) Ronald Muwenda Mutebi II, who is also the Kabaka of Buganda to reveal all his wealth.

According to over 10,000 booklets filed at the Supreme Court registry, Mabirizi indicates that he is dissatisfied with the ruling of the court of appeal which ruled in favour of the Kabaka not to reveal his wealth to his subject Mabirizi in the historical Kabaka vs Mabirizi land case.

Justice Engonda Ntende, Ezekiel Muhanguzi and Hallen Obura ruled that high Court judge Patricia Basaaza Wasswa errored when she issued an order forcing the Kabaka to disclose his bank accounts, all identities of tenants sitting on the kingdoms land and all the land titles given back to the kingdom from the central government from 1993 when the kingdom was restored in the country.

The justices noted that Mabirizi would have gone to the land registry to understand the status of the kingdom land titles.

The appeal was allowed with costs which Mabirizi didn’t agree with. Below is his full appeal…

THE REPUBLIC OF UGANDA                                                                                                 IN THE SUPREME COURT OF UGANDA                                                                   AT KOLOLO-KAMPALA.

(SITTING BOTH AS A 1ST APPELLATE & A 2ND APPELLATE COURT)

CIVIL APPEAL No. 13 OF 2018.

(Arising out of Judgment of The Court of Appeal Ruling/Judgments (Egonda-Ntende, Hellen Obura & Ezekel Muhanguzi; JJA), read by the Deputy Registrar on 1st October 2018 in CIVIL APPEAL NO. 184 OF 2017 and Civil Applications NO. 144, 145, 231 & 271 of 2017.

[ARISING OUT OF HIGH COURT CIVIL DIVISION AT KAMPALA MISC. APPLICATION No. 41 OF 2017-RULING FOR DISCOVERY OF DOCUMENTS BY HON. LADY JUSTICE PATRICIA BASAZA-WASSWA ARISING OUT OF HIGH COURT CIVIL DIVISION MISC. CAUSE NO. 162 OF 2016 & MISC. APPLICATION NOs. 798, 1011 & 1012 OF 2016]

                                                                                                                                                     

MALE H. MABIRIZI K. KIWANUKA:::::::::::::::APPELLANT

VERSUS   

THE KABAKA OF BUGANDA:::::::::::::::::::::RESPONDENT

 

MEMORANDUM OF APPEAL.

MALE H. MABIRIZI K. KIWANUKA appeals to The Supreme Court of Uganda at Kololo-Kampala, as a first appellate court in respect of  Civil Applications No. 231 & 271 of 2017(MALE H. MABIRIZI K. KIWANUKA V. THE KABAKA OF BUGANDA) & Civil Applications No. 144 & 145 of 2017(THE KABAKA OF BUGANDA V. MALE H. MABIRIZI K. KIWANUKA) and as a second Appellate Court in respect of Civil Appeal No. 184 of 2017(THE KABAKA OF BUGANDA V. MALE H. MABIRIZI K. KIWANUKA); against the bigger PART of the Ruling, orders and omissions in Civil Applications No. 231 & 271 of 2017(MALE H. MABIRIZI K. KIWANUKA V. THE KABAKA OF BUGANDA), the Judgment, Orders and omissions in Civil Appeal No. 184 of 2017 (THE KABAKA OF BUGANDA V. MALE H. MABIRIZI K. KIWANUKA), and the omission to determine who should pay the costs for Civil Applications No. 144 & 145 of 2017(THE KABAKA OF BUGANDA V. MALE H. MABIRIZI K. KIWANUKA); of The Court of Appeal of Uganda at Kampala read by The Deputy Registrar, Court of Appeal on 1st October 2018 (Egonda-Ntende, Hellen Obura & Ezekiel Muhanguzi; JJA).

THE GROUNDS of appeal are that:

PART I: GROUNDS RELATING TO INVALIDITY & NULLITY OF   

             RULING/JUDGMENT.

  1. All the learned Justices of The Court of Appeal erred in law when they failed to deliver their rulings and judgments within the 60 days required by law, without any sufficient reason advanced hence vitiating the ruling(s)/judgment(s).
  2. All the learned Justices of The Court of Appeal erred in law in failing to indicate dates on which their respective ruling(s)/ judgment(s) were written rendering the decision null & void.
  3. All the learned Justices of The Court of Appeal erred law in determining the merits of the appeal after finding that the appeal was not properly before court making the judgment a nullity.
  4. In alternative to 3 above but without prejudice to it, all the learned Justices of The Court of Appeal erred in law when they determined the merits of the appeal before determining Civil Applications No. 231 and 271 of 2017 relating to incompetency of the appeal.

PART II: GROUNDS RELATING TO FAILURE BY THE COURT  

TO DETERMINE THE DISPUTES PLACED BEFORE THEM.

  1. All the learned Justices of The Court of Appeal erred in law and fact in failing to make a finding on the pleadings and evidence to the effect that the respondent’s affidavits in reply to Court of Appeal Civil Applications No. 231 & 271 of 2017 were filed out of time.
  2. All the learned Justices of The Court of Appeal erred in law and fact in failing to make a finding on the pleading & evidence to the effect that the purported power of attorney upon which the respondent’s affidavits in reply to Court of Appeal Civil Applications No. 231 & 271 of 2017 were based on a manipulated signature and generally illegal.
  3. All the learned Justices of The Court of Appeal erred in law and fact in failing to make a finding on the pleading & evidence to the effect that the respondent was estopped and precluded from challenging discovery proceedings after failing to respond to the Notice to produce documents within the ten days prescribed by law.
  4. All the learned Justices of The Court of Appeal erred in law and fact when they failed to put all the affidavit evidence on record in respect of incompetency of the appeal to clear scrutiny and analysis.
  5. All the learned Justices of The Court of Appeal erred in law when they failed to determine the Grounds of Affirmation of the decision of the Judge in addition to those given by her filed by the appellant on 23rd August 2017.
  6. All the learned Justices of The Court of Appeal erred in law when they failed to make a decision on the consent/concession entered by counsel for the respondent before the High Court, to avail the documents.
  7. All the learned Justices of the Court of Appeal erred in law in failing to determine ground 2 of the appeal.
  8. In the alternative to the above, all the learned Justices of the Court of Appeal erred in law in finding that it was not necessary to determine ground 2 of the appeal after determining grounds 3, 4 & 5.
  9. All the learned Justices of The Court of Appeal erred in law and fact when they failed to determine the matter of costs in relation to Court of Appeal Civil Applications No. 144 & 145 of 2017 (THE KABAKA OF BUGANDA V. MALE H. MABIRIZI K. KIWANUKA) which was referred to them by Kasule, JA vide an order dated 9th May 2018.

PART III: GROUNDS RELATING TO INCOMPETENCY OF THE 

APPEAL-COURT OF APPEAL CIVIL APPLICATIONS

  1. 231 & 271 OF 2017.

The grounds under this part and in other parts related to the grounds in this part are Without Prejudice to the point that the majority justices did not agree with the minority opinions of His Lordship Egonda-Ntende, JA in respect of Court of Appeal Civil Applications No. 231 & 271 of 2017-relating to incompetency of the appeal hence deciding that the appeal was incompetent.

  1. The majority justices of the Court of Appeal (Their Lordships Hellen Obura & Ezekiel Muhanguzi, JJA) erred in law and fact in failing to give a clear order that the appeal was incompetently before court after not agreeing with His Lordship Egonda-Ntende JA’s ruling that the appeal was competently before court.
  2. All the learned Justices of The Court of Appeal erred in law and fact when they accepted the illegal and defective evidence of the respondent in Court of Appeal Civil Applications No. 231 & 271 of 2017 against the legal, valid and competent unrebutted evidence of the appellant.
  3. All the learned Justices of The Court of Appeal erred in law and fact in holding that the appellant did not fail to take essential steps in instituting the appeal.
  4. All the learned Justices of The Court of Appeal erred in law and fact when they accepted and relied upon the false affidavit of service by Baguma Cyrus in the face of contrary evidence on record.
  5. All the learned Justices of The Court of Appeal erred in law and fact in finding that the time between 5th June 2017 and 6th July 2017 was within the 30 days required to file a letter requesting for proceedings.
  6. All the learned Justices of The Court of Appeal erred in law and fact when they held that the time between 8th June 2017, when the Notice of Appeal was filed and 18th August 2017, when the appeal was filed, was within the 60 days limit in which to file an appeal.
  7. All the learned Justices of The Court of Appeal erred in law when they held that the Rules do not provide for the time within which a letter requesting for proceedings should be served upon the opposite party.
  8. All the learned Justices of The Court of Appeal erred in law and fact in validating instructions to counsel for the respondent after finding that they were instructed by David F.K Mpanga, who is neither the respondent corporation sole nor his recognized agent.
  9. All the learned Justices of The Court of Appeal erred in law and fact in condoning an illegality by validating the illegal instructions to advocates.
  10. All the learned Justices of The Court of Appeal erred in law and fact when they held that the affidavit in reply to High Court Civil Division Misc. Application No. 41 of 2017 by Mukasa Twaha was valid.
  11. All the learned Justices of The Court of Appeal erred in law and fact when they, after holding that a corporation sole is one consisting of one person only, went ahead to validate instructions by David F.K Mpanga and an affidavit by Mukasa Twaha both of whom had no power of attorney from the respondent.
  12. All the learned Justices of The Court of Appeal erred in law when they relied on the repealed Rule 6 of The Court Fees, Fines and Deposits Rules.
  13. All the learned Justices of The Court of Appeal erred in law when they relied on Court Fees Rules instead of Section 75 of The Evidence Act.
  14. All the learned Justices of The Court of Appeal erred in law and fact when they treated failure to pay certification fees as the same as failure to pay court filing fees.
  15. All the learned Justices of The Court of Appeal erred in law and fact when they treated the none-payment of certification fees as payment of insufficient fees.
  16. All the learned Justices of The Court of Appeal erred in law and fact when they treated inconsistences in the purported Registrar’s Certificate with the evidence on record as minor mistakes.

 

PART IV: GROUNDS RELATING TO DECIDING MATTERS  

NOT ARISING OUT OF THE GROUNDS OF APPEAL,

              NOT DECIDED BY HIGH COURT, NOT SUPPORTED    

              BY PLEADINGS, EVIDENCE ON RECORD & ISSUES 

              FRAMED & NOT ARGUED BEFORE THE COURT.

  1. All the learned Justices of The Court of Appeal erred in law when they, after rightly stating that the appeal arose out of discovery proceedings, went ahead to deal with and determine matters outside the realm of discovery.
  2. All the learned Justices of The Court of Appeal erred in law when they deviated from the issues framed by the parties and proceeded upon their own voyage.
  3. Without prejudice to the point that the majority decision was that the appeal was incompetent, all the learned Justices of The Court of Appeal erred in law and fact in holding that the letter requesting for typed proceedings was filed within 30 days from the date of judgment which was not the pleading & evidence of the respondent.
  4. Without prejudice to the point that the majority decision was that the appeal was incompetent, all the learned Justices of The Court of Appeal erred in law and fact when they held that the appeal was filed within 60 days from the date of filing the Notice of Appeal which was not the pleading & evidence of the respondent.
  5. All the learned Justices of The Court of Appeal erred in law when they determined ground one of the appeal which did not emanate from the proceedings and decision in High Court Civil Division Misc. Application No. 41 of 2017.
  6. All the learned Justices of the Court of Appeal erred in law in transplanting the submissions in respect to ground 1 of the appeal, which failed, and applied them in resolution of grounds 3, 4 & 5 to find that the underlying suit is untenable, without first notifying parties hence derogating the appellant’s right to fair hearing.
  7. All the learned Justices of The Court of Appeal erred in law when they held that the respondent cannot be sued under Article 50 of The Constitution, him not being a government which did not arise out of the memorandum of appeal and not in issue.
  8. All the learned Justices of The Court of Appeal erred in law in going into the arena of public and private law rights which was not part of the memorandum of appeal and which was never argued before them.
  9. All the learned Justices of The Court of Appeal erred in law when they pre-empted the outcome of the High Court Civil Division Misc. Cause No. 162 of 2016, which was not before court and pending in the High Court.
  10. All the learned Justices of The Court of Appeal erred in law in declaring that the respondent is a landlord of the official mailo land and that the settlers are his tenants which question did not arise out of the grounds of appeal and which is pending in High Court.
  11. All the learned Justices of The Court of Appeal erred in law when they held that the respondent is representing himself and the people from Buganda tribe living on the official mailo land, which is not supported by the pleadings and did not arise out of the grounds of appeal.
  12. All the learned Justices of The Court of Appeal erred in law in holding that an application for discovery and inspection may only be necessary or reasonable in case the head suit is maintainable at law or at least arguable; which did not arise out of the grounds of appeal.
  13. All the learned Justices of The Court of Appeal erred in law in setting aside the entire ruling in High Court Civil Division Misc. Application No. 41 of 2017 yet the respondent only appealed against PART of the Ruling.
  14. All the learned Justices of The Court of Appeal erred in law in granting a prayer to dismiss the entire High Court Civil Division Misc. Application No. 41 of 2017 yet the respondent only appealed against PART of the Ruling.
  15. All the learned Justices of The Court of Appeal erred in law in awarding costs in the High Court to the respondent yet the order of costs is not among the orders for which leave to appeal was granted.
  16. All the learned Justices of appeal erred in law when they dismissed Misc. Application No. 41 of 2017 with costs yet the appellant did not appeal against the order of costs made by the judge.

PART V: GROUNDS RELATING TO FAILURE BY THE COURT 

OF APPEAL TO CARRYOUT ITS DUTY OF PROPER  

              APPLICATION OF THE LAW & THE RULES.

  1. All the learned Justices of the Court of Appeal erred in law when they, without striking out issues framed by parties, did not determine the cases before them on the basis of the framed issues.
  2. All the learned Justices of Appeal erred in law when they relied on the respondent’s record of appeal which was not certified as a true copy of the record at High Court.
  3. All the learned Justices of the Court of Appeal erred in law when they did not state the respective cases of the parties as presented and submitted to court.
  4. All the learned Justices of the Court of Appeal erred in law when they did not specify, in material particular, the evidence presented to court by each of the parties for the respective matters in issue.
  5. All the learned Justices of The Court of Appeal erred in law in declaring that the respondent is a landlord of the official mailo land and that the settlers are his tenants yet the respondent admitted that he holds the official mailo land in trust for the people of Buganda.
  6. All the learned Justices of The Court of Appeal erred in law in declaring that the respondent is a landlord of the official mailo land, yet he is a trustee, and that the settlers are his tenants, yet they are beneficiaries to the trust.
  7. All the learned Justices of the Court of Appeal erred in law in not acknowledging, commenting, analyzing and referring to the various authorities from within and outside Uganda which were referred to them by the appellant.
  8. All the learned Justices of the Court of Appeal erred in law in holding that the respondent cannot be sued under Article 50 of The Constitution, him not being a government.
  9. All the learned Justices of the Court of Appeal erred in law when they deviated from the principles contained in various Supreme Court decisions binding them.
  10. All the learned Justices of the Court of Appeal erred in law when they relied on per incuriam decisions which related to different facts while ignoring persuasive decisions which related to similar facts.
  11. All the learned Justices of the Court of Appeal erred in law when they deviated from binding and persuasive decisions relating to the principles of discovery.

PART VI: GROUNDS RELATING TO FAILURE BY THE COURT

OF APPEAL TO CARRYOUT ITS DUTY AS A FIRST 

         APPELLATE COURT.

  1. All the learned Justices of The Court of Appeal erred in law when they failed in their duty, as a first appellate court, to properly evaluate the pleadings, evidence and submissions and all the material before them and hence reached wrong conclusions in setting aside the Ruling of the Judge.
  2. All the learned Justices of The Court of Appeal erred in law when they highly contradicted themselves on the principles of discovery of documents.
  3. All the learned Justices of The Court of Appeal erred in law in relying on Order 1 Rule 8 of the Civil Procedure Rules in a matter instituted under Article 50 of the Constitution.
  4. In the alternative to the above, all the learned Justices of The Court of Appeal erred in law when they found that the underlying suit in the High Court is untenable on account of lack of authority from settlers on the official mailo land yet the appellant himself has a beneficial interest in official mailo land.

 

PART VII: GROUNDS RELATING TO MISAPPLICATION OF

THE PRINCIPLES OF DISCOVERY & 

             CONTRADICTIONS THEREIN.

  1. All the learned Justices of The Court of Appeal erred in law in holding that grounds 3, 4 and 5 of the appeal could be conveniently considered together, in isolation of and before determination of ground 2.
  2. All the learned Justices of The Court of Appeal erred in law when they did not dismiss the appeal upon finding that the respondent ignored the Notice to Produce Documents duly issued and served upon him.
  3. All the learned Justices of The Court of Appeal erred in law in deviating from the known principles of discovery of documents.
  4. All the learned Justices of The Court of Appeal erred in law in holding that an application for discovery and inspection may only be necessary or reasonable in case the head suit is maintainable at law or at least arguable.
  5. All the learned Justices of The Court of Appeal erred in law when they, after finding that Discovery is not necessarily limited to documents which would be admissible in evidence but to documents which advance an applicant’s case or damage the adversary’s case, held that the documents in issue could not be discovered.
  6. All the learned Justices of The Court of Appeal erred in law when he held that the discovery of the documents in issue will not save costs.
  7. All the learned Justices of the Court of Appeal erred in law in finding that the land in question was not specified yet they did not determine ground 2 of the appeal.
  8. All the learned Justices of The Court of Appeal erred in law in allowing ground 5 of the appeal without making a clear and elaborate analysis of the principles of discovery and without finding that the learned Judge deviated from the principles.

 

PART VIII:GROUNDS RELATING TO TAMPERING WITH THE

                     DISCRETION OF THE TRIAL JUDGE CONTRARY

                     TO THE GENERAL RULE.

  1. All the learned Justices of The Court of Appeal erred in law in tampering with the discretion of the Judge in circumstances where the learned Judge was clearly right and basing on matters which were not part of the grounds of appeal.
  2. All the learned Justices of The Court of Appeal erred in law in allowing ground 3 of the appeal without putting the discretionary finding of the judge on relevancy of the documents to a clear scrutiny and analysis.
  3. All the learned Justices of The Court of Appeal erred in law in allowing ground 4 of the appeal after agreeing with the appellant that Buganda Land Board is an agent of the respondent and without putting the discretionary finding of the judge on why the Bank statements had to be discovered to a proper and clear scrutiny and analysis.
  4. All the learned Justices of The Court of Appeal erred in law in overturning the discretionary finding of the Judge by holding that there is no connection between the Bank Accounts and the main cause, without any serious reasons given or showing that the Judge was clearly wrong.
  5. All the learned Justices of the Court of Appeal erred in law in going against the discretionary finding of the Judge that the land in question was specific without any reasoning and analysis to counter the judge’s finding.
  6. All the learned Justices of The Court of Appeal erred in law when they tampered with the discretion of the judge that the costs should abide the outcome of the main case without any valid reason for doing so.

PART IX: GROUNDS RELATING TO REMEDIES.

  1. All the learned Justices of the Court of Appeal erred in law in setting aside the decision of the judge yet the appellant conceded to avail the documents in issue.
  2. All the learned Justices of the Court of Appeal erred in law and fact in not awarding costs of Court of Appeal Civil Applications No. 144 & 145 of 2017 to the appellant.

PART X: GROUNDS RELATING TO UN-JUDICIOUS EXERCISE  

OF DISCRETION BY THE COURT OF APPEAL.

  1. Without prejudice to the point that the majority decision was that the appeal was incompetent, all the learned Justices of The Court of Appeal erred in law and fact when they un-judiciously exercised their discretion to order the appellant to pay the costs of Civil Applications No. 231 & 271 of 2017 after finding that the appellant was successful on several grounds raised.
  2. Without prejudice to the point that the majority decision was that the appeal was incompetent, all the learned Justices of The Court of Appeal erred in law and fact when they un-judiciously exercised their discretion to order the appellant to pay the costs of Civil Applications No. 231 & 271 of 2017 when the filing of the two applications was necessitated and prompted by actions and omissions of the respondent.
  3. All the learned Justices of The Court of Appeal erred in law when they un-judiciously exercised their discretion to order the appellant to pay costs of the appeal to the respondent after finding that the appellant was successful on several points raised in support of the trial judge.
  4. All the learned Justices of The Court of Appeal erred in law and fact when they un-judiciously exercised their discretion to order the appellant to pay the costs of Civil Appeal No. 184 of 2017 yet the filing of the High Court Misc. Application No. 41 of 2017 was necessitated and prompted by the respondent’s failure to respond to the Notice to produce documents.
  5. All the learned Justices of The Court of Appeal erred in law and fact when they un-judiciously exercised their discretion to order the appellant to pay the costs in the High Court yet the filing of the High Court Misc. Application No. 41 of 2017 was necessitated and prompted by the respondent’s failure to respond to the Notice to produce documents.

WHEREFORE, the appellant PRAYS for orders that:

  1. The Appeal be allowed.
  2. The ruling and judgment of the Court of Appeal be declared null, void and of no effect whatsoever.
  3. The Applications and the Appeal be remitted back to The Court of Appeal for a fresh expeditious hearing, before a different coram.
  4. The costs of this appeal and those in the Court of Appeal for the Appeal and all applications arising therefrom be paid by the respondent to the appellant.
  5. The appellant be granted general damages for inconveniences.
  6. An interest of 25% per annum be paid by the respondent on the above damages and costs.

IN THE ALTERNATIVE but without prejudice to the above, the appellant prays for orders that:

  1. This court be pleased to determine, in favour of the appellant, all the points and matters not determined by the Court of Appeal.
  2. This court determines and allows, in favour of the appellant, Court of Appeal Civil Applications No. 231 & 271 of 2017 as presented, with costs to the appellant.
  3. Court of Appeal Civil Appeal No. 184 of 2017 be struck out with costs to the appellant.
  4. In the alternative to striking out, this court determines and allows, with costs, the grounds of affirmation of the decision of the High Court Judge in addition to those she gave.
  5. In further alternative to striking out, Court of Appeal Civil Appeal No. 184 of 2017 be dismissed with costs to the appellant.
  6. The orders made by the Court of Appeal be substituted with the orders made by the High Court Judge.
  7. The costs in Court of Appeal Civil Applications No. 144 & 145 of 2017 be awarded to the appellant.
  8. The appellant be granted general damages for inconveniences.
  9. The costs of this appeal and in the court of appeal be paid by the respondent to the appellant.
  10. An interest of 25% per annum be paid by the respondent on the above damages and costs.

Dated at Kampala this…………..day of……………2018.

………………………………                                                                                              MALE H.MABIRIZI K.KIWANUKA.                                                                 APPELLANT

TO:

THE HON. JUSTICES OF THE SUPREME COURT OF UGANDA.

 

It is intended to serve copies of this memorandum on KALENGE, BWANIKA, SSAWA & CO. ADVOCATES, Plot 30, LUMUMBA AVENUE, KAMPALA.

Lodged in the Supreme Court Registry at Kololo-Kampala this ……..………day of……………………2018.

………………………                                                                                  REGISTRAR,

 SUPREME COURT OF UGANDA.

Drawn and filed by;                                                                                                                                                                                                   MALE H. MABIRIZI K. KIWANUKA,                                                                                                                                                                                     C/O Plot 39 Kampala Road, Shell Capital Building, 2nd Floor Suite 201

TEL: 0752 570 574/0787 263 086, Kampala.

 

By Jamil lutakome

Comments

NEWS

Former Kira Mayor Mamerito Sweats Before Land Probe Over Grabbing Namboole Stadium Land

Published

on

Former Kira Municipality mayor Mamerito Mugerwa was yesterday grilled for grabbing Namboole stadium land.  Mamerito was tasked by John Bosco Suuza, the deputy lead counsel of the Commission on why he refused to vacate the land in question in 1992 after being duly compensated by the government.

“Mr. Mamerito, there is no contestation that you have been compensated by the government who want to use the land, why are you up to now still claiming ownership?” Suuza asked.

Mamerito who looked confused admitted that he was paid only shs1m for his piece of land where his Mamerito hotel sits and he refused to vacate the place because the Money was too little. He said that he cannot allow the stadium to take the said piece of land which they claim to own since it’s the place that on which his hotel parking yard and swimming pool sit. He told the commission that if the government wanted his land, it was supposed to first negotiate with him so that they agree on how much to compensate him. Mamerito lost his calmness when Suuza showed him documents identifying him as a squatter on the stadium land.

“How can you call me a squatter? My Lord, I own a land title, I’m am not a squatter please. Let the government show me transfer forms I signed granting them permission to take away my land,” Mamerito furiously asked.

He revealed that he is willing to return the shs1m given to him as compensation by government in 1992 so as to retain his land because he is a businessman who knows very well the value of land.

Justice Catherine Bamugemereire, the chairperson of the Commission told Mamerito that before committing himself to pay back the money compensated to him by government, he must understand that he must pay even the interest since 1992.

Mamerito told the Commission that they were misled by the management of the stadium who refused to show the other side of the story. He cited the time when the Commission visited the contested land, Hajji Jamil Sewanyana Mpagi, the managing Director of the stadium decided to lead the Commission to Bweyogerere central market and Bweyogerere police and intentionally refused them to visit his hotel which is under contestation for sitting on government land.

Justice Bamugemereire told Mamerito that the problem was he hid away from the Commission when they were visiting the land because the Commission, during the said visit, interacted with other claimants on Namboole land like Norah Nabagesera. She tasked Mamerito to bring the said land titles on which he is basing his argument to own the land before the end of yesterday.

The Commission is still investigating the matter.

By Jamil Lutakome

Comments

Continue Reading

NATIONAL

OPINION: If We Refuse To Bless Others We Will Remain As We Are, Or Worse, If We Are Profiting From Unjust Gain, We Are Heaping Problems And Curses On Ourselves And Our Families – Janet Museveni

Published

on

The Bible informs us that ancient Egypt was the political and economic powerhouse of its day. The Pharaoh who was king had unrivaled influence and power over the known world. The Children of Israel who came to Egypt first as guests or refugees of famine, soon had a reversal of fortunes and became the slaves of Egypt for 400 years.

Amazingly as Providence would have it Moses, who was the son of Hebrew slaves, was adopted by Pharaoh’s sister and raised as a prince of Egypt. He received the best education in the Arts, Sciences, Architecture and Warfare. As a young person, I loved the movie adaptation of this story called, “The Ten Commandments” starring Charlton Heston as Moses and Yul Brynner as the Pharaoh Rameses.

In the film, the grandeur and splendor of ancient Egypt is captured in its architecture, science, war machinery and wealth. The only mischaracterization in the film is the casting of the Egyptians as Europeans whereas it is clear from the drawings inside the pyramids, that the original Egyptians were black Africans.

In addition, in 2 Chronicles 8:11, the Bible tells of how Solomon built a palace for his wife, the daughter of Pharaoh, yet he didn’t accord this honor to his other wives or concubines. The Bible also tells the story of the queen of Sheba or Ethiopia who visited King Solomon and gave gifts of gold, precious stones and spices. 2Chron.9:1

All these accounts show that the Africa of antiquity was not only prosperous and wealthy but more so a political and global hegemon.

The question, that I have pondered many times over the years is,”What happened to Africa?”

Africa committed the grave sin of enslaving the children of Israel for 400 years, which returned to haunt the African continent with the advent of the evil trans-Atlantic slave trade. This year 2019, marks the 400th anniversary of the first African slaves arriving in America and the ensuing exploitation of African people. This anniversary is a watershed moment in our history and a time for prayer, reflection and firm resolution as we look to the future

The strongest and brightest Africans were carried to America to serve as cheap labour to build the economies of the western hemisphere. It was African youth and strength that fuelled the Industrial revolution and once it was underway, the Europeans returned to the African continent in search of raw materials and the scramble and carving up of Africa followed. The age of colonialism meant that Africa became a spectator to global and even their own local affairs. African communities were disconnected from each other and from their land. They were forced to grow cash crops that had no linkage to the local needs of the community and only served to strengthen the disenfranchisement of local communities and tie them in dependence to Europe.

Africans were deemed unable to take care of their own affairs and thus began the culture of being told what to do for ourselves. For it is in Africa, that other people tell you what is apparently in your own best interest as though you are incapable of making that decision on your own. I am not one of those who believe that Africa’s problems are all in the past, but I do think it is important for us to understand where we went wrong in order to not repeat history.

My heart’s cry is also going out to parents who are praying for the soul of our country and the future of our children. Parents who understand that the battle we are facing will be won on our knees in prayer. It will not be won through money or donors, it can only be won by sustained and prevailing prayer.

I believe that God has been waiting for Africans to awaken from deep slumber and realize that our greatest obstacles are internal rather than external. Our weaknesses are our own petty and selfish differences. The magnifying of small differences and totally obscuring the many ties that bind us and our historical, cultural and spiritual interests. All that is sacrificed on the altar of personal ambition and ego and the thirst for unjust gain. My prayer is that in this time, Uganda will break out of that vicious cycle and choose another path, the path of doing good, to build our nation by being and doing the best.

Many times, I have felt deep frustration as I wonder what unique solutions or innovations does Africa bring to the world? Do we feel compelled to do what others have not done in order to bring to the table a perspective that is uniquely African and thus take our place among the nations.

Even in the area of agriculture, where we have a comparative advantage and could outgrow and out produce anyone in the world, even there we have not fully harnessed our natural resources and still depend on the rains to grow our crops. Our national parks and natural beauty and wildlife is God given, but have we been good stewards to use these resources to their maximum potential for the good of our communities?

I was quite challenged to learn that when China decided to modernize their economic policies to become a mixed economy, they asked their population to make a nominal contribution to raise the money for this work. Every citizen paid a nominal fee of say 1/- in order to support and start up this work and raise the capital to fund their own programs. The principle here is self-reliance and community ownership of their work and responsibilities as citizens.

The Chinese probably knew that they had few true friends who had their long-term interests for stability and development at heart. So instead of looking outward, they looked inward to their own people. They didn’t wait for “Development Partners” as we often do in Africa, rather they succeeded by building their internal capacity and studied other world systems picking what worked and discarding what didn’t work for them.

There is a story I like to share with women in the country whenever I have an opportunity to do so. I visited Bangladesh many years ago and learned of the story of how a wealthy philanthropist saw an opportunity to help women become self-reliant contributors to their society. This Bangladesh philanthropist knew the power of investing in women and made an initial contribution to a SACCO for rural women. He knew that the rural woman was one of the most marginalized and overlooked members of the society and yet they formed the foundation or bedrock of family and thus national life. So he worked hard to gain their trust and convinced them to begin to take small loans to improve their lives. These women who started out as being very intimidated and scared of taking loans knowing that they could never pay them back, soon became more confident and started prospering. The philanthropist helped the women to form large working groups and as the women borrowed more money and worked hard to pay this money back, the fruits of transformation started to show. They sent their children to school, they built decent homes for their families and their lives changed for the better.

Soon after that, the World Bank came knocking on their door, they had noticed the success of their SACCO and now wanted to invest more money with them and perhaps help them run their banks. The Bangladeshi women considered this offer, but their answer was ultimately, ”thanks but no thanks.” They responded to the officials saying when they were in dire poverty and the banks had this money all the while and never came to help them. Now that they had their own money they did not need anybody’s help!”

That story absolutely uplifts my spirit because it reinforces my belief that real transformation does not come from big International Organizations but rather from simple personal decisions made by ordinary people. Therefore, my prayer for Ugandan families, mothers and fathers, men and women who are working hard to build their families one day at a time is that God will help us to raise children who will become serious, responsible and productive citizens that seek to make a positive contribution to their society. Children who will strive to build their schools, Technical Colleges and Universities, leaving a positive legacy behind instead of strikes and riots that only destroy what has already been built. These children can only come from stable homes built on a solid foundation of prayer.

Recently I was happy to launch the work of a local charity called Hill City Foundation. This organization gives scholarships to bright and deserving students whose families are not able to meet the cost of tuition. In addition, the organization gives mentorship and seed money to young graduates to help guide them as they begin their journey into the workforce. I was so overjoyed as I launched this foundation because it was a sign to me that finally the tide is beginning to turn and Africans are maturing and understanding the barriers to our blessings. If we as Ugandans can heed the commandment to” Love your neighbor as yourself,” we will be able to be a blessing to others & God will in turn bless us.

However, if we continually refuse to bless others we will remain as we are, or worse be diminished. If we are profiting from unjust gain, then we are heaping problems and curses on ourselves and our families. Can you imagine a home that is built with embezzled government funds earmarked for establishing a community school or hospital? You have denied that community a basic need and put your personal needs above those of others. You may succeed in hiding your wrongdoing and may even be well regarded by friends and colleagues who share your mindset, but ultimately we have one Judge who sees and knows all and nothing is hidden from His sight. He is the One who blesses or withholds blessing and therefore we should not delude ourselves. We must raise our children to know they have a responsibility to their family, community and their nation.

Finally, we all need to be reminded that it is God who created Africa and Uganda for a purpose. He lovingly made everything beautiful for His children to enjoy. And I believe He has been waiting for us to choose to become the people that will work hard to develop this beautiful land for the glory of His Name and the good of His people. It is not an easy task by any means, but it is possible. The Bible says we “will live by the sweat of our brow” and that is what we are called to do as far as our country is concerned. But if we pray, He will guide us as He always has and if we are obedient to Him, He will multiply and bless the work of our hands so that poverty and insufficiency will become a thing of the past.

May God bless you!

Maama

Janet K Museveni

Comments

Continue Reading

NEWS

You Have Been Eating IPOD Money Stop Pretending – DP’s Mukaku Tells FDC: M7 To Increase Political Parties’ Funding From 10 Billion To 35 Billion

Published

on

President Museveni’s government is set to increase funding for the Inter Party Organization for Dialogue (IPOD) from Shs10 billion to Shs35 billion according to Democratic Party’s (DP), Samuel Walter Lubega Mukaku.

While addressing the press at the party’s head office at City House today, Mukaku bragged that increasing IPOD funding is one of the biggest achievements they (DP) have achieved while chairing IPOD. He said that this new funding will also include all politicians even those who are independent like Kyadondo East Member of Parliament Hon Robert Kyagulanyi Ssentamu, who is also the leader of People power movement.

“Under the leadership of chairman Mao, we have fought to increase the funding of not only DP but all political parties which has been at Shs10 billion to 35 billion in the year 2019/2020,” Mukaku said.

He wondered that their colleagues have been eating this money but surprisingly today they are playing games claiming that they can’t be part of IPOD.

“Sitting with the enemy who has been adamant to agree with you and convincing him to finally accept to help your people and add a stone on the struggle after such a long time is a big success to us.

Under the agenda, we wanted to make sure that we amend the Public Order Management Act (POMA) regulations and so far, we have already sat the Prime Minister and Museveni down. DP is responsible for even those candidates who don’t have representation in parliament and can’t sit at the IPOD and our own rights are respected and granted. POMA is already adapting to the regulations that we proposed,”he said.

He added, “At IPOD, there is summit and council of Secretary General where the president with representations in parliament meet. FDC is tried to trivialise, comment and post funny pictures of our president that he looked idle while waiting for Museveni at his house when the truth was he was at Protea Hotel .

President Museveni delayed but the National Resistance Movement (NRM) gave an explanation to IPOD chairman who accepted it in good faith.”

He encouraged all politicians to join General Muntu during the launching of the alliance for national transformation (ANT).

By Evelyn Musiimenta

Comments

Continue Reading

like us

TRENDING

error: Content is protected !!