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MABIRIZI OPINION: Kyagulanyi, You Recklessly Led To The Death Of Kawuma, Kyeyune & Zaake’s Duo Torture As Your Family Is Safe. Why Don’t You Quit To Save Lives?..

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Comrades, when I posted the above earlier today, many of you were inquisitive about what I meant hence the need to elaborate the same here.

  1. www.dictionary.com. defines a leader as ‘a person who guides or directs a group”. Kyagulanyi, you are the self-proclaimed leader of People Power Movement/Pressure Group and you decide whom you lead with and how to lead.
  2. Leaders do not only receive accolades for a job well done but are also blamed and sometimes penalized to the extent of death for their misdeeds, omissions and miscalculations.
  3. For example, a military commander/leader who acts negligently causing death of his juniors is liable to suffer death. Section 128 of our UPDF Act states that “A person in command of a vessel, aircraft, defence establishment or unit of the Defence Forces who—… being in action, does not, during the action in his or her own person and according to his or her rank, encourage the officers and militants under his or her command to fight courageously;….or gives premature orders to attack resulting in failure of operation, commits an offence and, on conviction, where it results in failure of operation or loss of life, shall be sentenced to death or, in any other case, is liable to life imprisonment.”
  4. Therefore, Kyagulanyi, since you claim to have waged a war against Museveni’s impunity, you have a duty to protect the fighters, in this case, change loving Ugandans from being killed by the enemy Junta and it is my conclusion that you have failed to do this in the past more than two years you have commanded them as many have died, have been tortured and maimed by the Junta forces.
  5. In Arua, the 2018 incident claimed the life of my Kkobe clan mate- Kawuma, leaving behind widows and orphans (and here I speak in my capacity as a minister in my Kkobe clan which is responsible for upbringing Kawuma’s children, according to our culture). This was caused by your recklessness of not only earlier in the day using a tractor and loud music to antagonize Dr. Besigye’s rally but also miscalculating the same move which you applied on Museveni’s camp yet Museveni who was frustrated by his lack of support in the lection had earlier instructed his guards, who had fulfilled his mission in Parliament earlier in removal of age limit, to deal with the innocent and unsuspecting people who were excited to have you, a musician, on their campaign trail.
  6. It is this reckless action that claimed the life of my clan mate and you with your forest of lawyers have not bothered even to sue so that at least our children and widows are compensated.
  7. Kyeyune was recently killed in Nansana on the same day Rita Nabukenya, who had been allegedly knocked by police vehicle was buried in Kyankwanzi. Kyagulanyi, you were reckless in waving at your supporters at Nansana trading centre main road after 7pm because you ought to have known that during darkness, anything is possible and it’s hard to identify the culprit and indeed up to now, no one has been identified as having shot the young man who left a kid. Due to your recklessness, in a space of three days, two of your fighters died.
  8. Zaake’s first torture emanated from Arua where I have already elaborated how you were reckless. This second torture is also due to you, the reckless leader who accepted Museveni’s illegal speech orders that politicians who distribute food will be committing attempted murder. You said that if you were the President, you would have done the same and went ahead to give Museveni food to distribute, a sign that you and your other fighters had given up on distributing food hence complying with Museveni’s illegal threat of attempted murder.
  9. Therefore, Zaake’s tormentors were ‘punishing’ him not only for disobeying Museveni’s illegal speech orders which created the offence of attempted murder for giving food to the vulnerable but also your approval of the same.
  10. Kyagulanyi, when I saw you crying on Zaake’s sick bed, you reminded me of my relative who was crying upon death of her daughter whom she had aided to do an illegal abortion which caused her death! You have no moral authority to cry on death and suffering of your fighters whom you recklessly fail to protect.
  11. As all this is going on, you are busy composing songs, being awarded by foreign media like CNN, making collabos with international singers and you have guts to share photos and videos of how good your family is with even a luxury of making similar clothes with your elder son yet I am not sure whether you have bothered to know how Kyeyune, Nabukenya and Kawuma’s kids are surviving in this Covid-19 era. The single reason why you must avoid your fighters’ death is because no sufficient aid can substitute their lovely parents and relatives.
  12. Kyagulanyi, Ugandans not only need change but also need to see and enjoy the change they desire. They are not into fighting Museveni’s junta as a suicide adventure but they are fighting so hard so that they can enjoy a liberated Country but your recklessness is shuttering their dreams.
  13. If you cannot properly lead this struggle and you think we shall excuse your recklessness, just go back to music or remain a normal MP in order to save lives of our dear people.

05/05/2020

MALE H. MABIRIZI K. KIWANUKA                                                            

LLB (HONS)-MUK (2012) & APPLICANT

EAST AFRICAN COURT OF JUSTICE

REFERENCE NO. 6 OF 2019 & 8 OF 2020.

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OPINION

IS THE KATIKKIRO BIDDING US ‘TAAMU EGENDA’? Mayiga Has Not Only Lost The Confidence Of His Supporters And Admirers, But Equally That Of His ‘Appointing Authority’….

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Ugandans who have gone to school here will most likely recognize and identify with the ‘Taamu Egenda’ notion, which in summary, for all intents and purposes, refers to the ‘reign of terror’ where—’jungle law’ is fully at force at the end of a given school term—with the ‘mighty’ meting violence, as a means of bidding farewell against their ‘vulnerable’ schoolmates for ‘crimes’ allegedly committed by the latter during the course of term. Here, even the school authorities more less have no say on this kind of affair lest they become victims, too, of the very violence they purportedly seek to end.

One key feature about this kind of ‘civility’ is that many of its perpetrators care less about the prospects of resuming studies in the same school the following term.

This, seems to one, to be the precise situation in which Buganda finds herself in regard to Mr. Mayiga’s rather public (mis)behaviour over the recent couple of weeks or even months as we have had the misfortune to witness it on various local and international media outlets.

It’s anyone’s guess why, in a language that rather passes the bounds of decency, Mr. Mayiga, the Katikkiro or Ssaabasajja Kabaka’s delegated head of the ancient Kingdom’s administration, has chosen to get petty with those he perceives to be not just his opponents but his ‘enemies’, too!

If, previously, Mr. Mayiga has perceived himself to enjoy a great stream of public support and admiration beyond Buganda, one should be honest enough to alert him that his recent (mis)behaviour is a demonstration of one simple verity, which, undoubtedly, is clear enough for all those who care to see namely; that he has not only lost the confidence of his supporters and admirers, but equally that of his ‘appointing authority’.

As Katikkiro, he ought to recall, and indeed, should have called to mind that he superintends over an institution which espouses the cultural values of the Buganda citizenry who, once, were considered to be the litmus test of a rare kind of civilization in the so called ‘Dark Continent’; and that besides being exemplary in his conduct and speech, he has a higher duty to both protect and preserve those values.

For this reason alone, he, one holds, should have chosen the responses (they aren’t worth repeating here) to his critics and ‘enemies’ carefully, but as ‘we’ were ‘all’ ‘shocked’ to learn; the contrary was/is true. However ‘sincerely’ and rightfully vexed he might have been and probably still is, we expected and still expect better from a man of his ilk. Yet, if this was a wily way of bidding us farewell, then it is a major revelation of how many things have gone rather awry during his administration, so far known to the keen ones.

The telling issue that Mr. Mayiga’s appointment and, who knows, pending resignation from the ‘Katikkiroship’ rationally raises, in my view, is the need for an earnest examination of the ‘modus operandi’ of his administration. The structures, policies, procedures, and protocols presently governing its operation require forensic examination, specifically in terms of their capacity to effectively translate into reality the so called ‘Ensonga Ssemasonga Ettaano’.

Concomitant with this urgent need is the equally important discernment as to whether the present operating structure of clogged ministries/departments is a reasonably substantial solution to the Kingdom’s myriad of challenges of a multifaceted nature or a serious hindrance for the people of Buganda, whose livelihood it purports to advance.

What I am suggesting here is not meant, in any way, to question the legitimacy of the institution as envisaged in ‘our’ 1995 Constitution. It is rather meant to question, because reason demands it under the circumstances, whether the present institutional organisation and processes at Mmengo (the Kingdom’s chief administrative seat) are truly serving the people of Buganda as well as they should be, or as some individuals who purport to represent their interests claim them to be.

But, to borrow legal terminology, ‘no reasonable man’ should entertain the thought that one’s decision and indeed right of choice to be critical of the Mmengo affairs is borne out of ill motivation. One, on the other hand, submits that it’s rather because of an appreciation of the plethora of both the risks and dangers associated with neglecting to do so—as just but one way of protecting our stake both in Buganda and Uganda—especially given that in Uganda today, the trappings of power and money are effectively very non-discriminative.

It should, finally, be remembered before Mr. Mayiga bows out, that the people of Buganda have not without eternal significance proven their love, loyalty and service to the ‘Kabakaship’ by, for instance, paying allegiance to a given reigning monarch—almost unquestionably. They have done so since time immemorial.

Is it, therefore, out of range to say that they equally have authentic expectations of that monarch and his government, especially as regards their unchanging aspirations for self-determination under his long or short reign, as a guarantee for their sovereignty and political independence—which, I think, can no longer be postponed?

 

By Jonathan Mwesigwa S.

The writer is a lawyer.

 

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OPINION: The Legality Of EC’s ‘Scientific’ Election And Why Byabakama & Gang Must Be Arrested For Treason…..

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Fellow Uganda citizens;

  1. I have taken time to respond to the Byabakama Simon Mugenyi (I do not want to call him Justice because by virtue of article 60(5)(d) of the Constitution, he must have relinquished the office of a Justice of Appeal)’s fraudulent roadmap issued on 16th June 2020 in which he claimed that he will not allow candidates to campaign. This is because I was very busy with another struggle intended to free us from feudalism, that is the Kabaka’s case where my appeal from the illegal decision of The Court of Appeal (Ntende, Obura & Muhanguzi) setting aside the order my Judge Basaza-Wasswa for Kabaka to show his Bank Statements, land titles and Register of Occupants was heard by the Supreme Court(Oio-Aweri, Mwondah, Prof.Tibatemwa, Buteera & Mugamba) on 18th June 2020 and Judgment reserved to be delivered later.
  2. After Byabakama admitting that he got instructions from Museveni, you now see why I up now insist that he must be out of that commission. Article 62 of our Constitution provides that “Subject to the provisions of this Constitution, the commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority.” This man who was at the centre of fraudulent rape and treason prosecution of Dr. Besigye in 2005 chose to disregard the constitution in preference to the wishes of the 34-old junta.
  3. Under article 1 of the Constitution, power belongs to us, the people and not these job-seekers at Electoral Commission (EC) headed by Byabakama and as rightly held in JUSTICE KALPANA v. THE JUDICIAL SERVICE COMMISSION & ORS, Kenya Court of Appeal Civil Appeal No. 1 of 2016, that “….in exercise of their sovereign power the people of Kenya can do virtually anything they wish,…invocation of sovereign power remains powerful and unquestionable…In our view, the principle that a people have the power to change,…The principle of sovereignty belies such precept…”, we can choose to chase them and re-organize ourselves because although our sovereignty cannot be taken away without a referendum, Byabakama and his team can be sacked, arrested, prosecuted and imprisoned without even a Parliamentary resolution.
  4. By article 260(20)(a) providing that our right to ‘express our will and consent on who shall govern us and how we should be governed, through regular, free and fair elections’ can only be removed through a referendum, the framers were aware of people like Byabakama who would come up with fake schemes to rule us by force. These framers were also smart enough to have provided under article 3(2) that “Any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law.”
  5. In the instant case, Byabakama and his gang, most of whom are not qualified to be in those offices are using trickery and fraud hiding under Covid-19 to overthrow our Constitution which is clear under:
  6. Paragraph II(i) of National Objectives and Directive Principles of State Policy that “The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.” Byabakam is opting for passive participation of the people by claiming that they should listen to radios yet the Constitution intended to make us public participants as opposed to ‘listening posts’
  7. Article 1(4) that “The people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through referenda.” The meaning of word free means without restrictions and you cannot tie us to radios and Tvs and claim to be organizing a free election.
  8. Article 38(1) that “Every Uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law.” Contrary to this, Byabakama is telling us to sit back in our houses as he purports to manufacture election results upon which we will be governed for the next five years. This is real treason by this man and his gang.
  1. I know that the incompetent lawyers and politicians will start claiming that campaigning through radios, Televisions and Social media can result into a ‘free and fair elections’ but I just pity them because while nullifying Kenya 2017 Presidential elections, in ODINGA V. UHURU & ORS, Presidential Election Petition No. 1 of 2017 Kenya’s Chief Justice David Maraga with his 3 other colleagues guided that “[212]…. elections are a true reflection of the will of the Kenyan people. Such an election must be one that meets the constitutional standards. An election such as the one at hand, has to be one that is both quantitatively and qualitatively in accordance with the Constitution. It is one where the winner of the presidential contest obtains “more than half of all the votes cast in the election;…. the election which gives rise to this result must be held in accordance with the principles of a free and fair elections, which are by secret ballot; free from intimidation; improper influence, or corruption; and administered by an independent body in an impartial, neutral, efficient, accurate and accountable….”
  2. It is easy to see that Corruption is already at helm of the Commission which is headed by a man who refused to relinquish his position as a Judge, a man who leads his team to meet Museveni at his home well aware that Museveni will contest in the election and with most Commissioners who are actually NRM mobilizers. This gang now wants to ease its robbery of our sovereignty through their ‘scientific election’.
  3. There is nothing scientific in the electoral fraud organized by Byabakama because science is based on facts which are proved and verifiable yet this Museveni-Byabakama elections is based on dishonesty, criminality and without any verifiability. It’s indeed another fraudulent scheme to call it ‘scientific’.
  4. Fellow Ugandans, Section 15(1) of our Criminal Procedure Code Act gives you powers to arrest Byabakama and his gang because it provides that “Any private person may arrest any person who in his or her view commits a cognisable offence, or whom he or she reasonably suspects of having committed a felony.” The term cognisable offence is defined by section 1(b)(i) as any offence—which on conviction may be punished by a term of imprisonment for one year or more while a felony is defined by section 2(e ) of The Penal Code Act to mean an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with death or with imprisonment for three years or more.
  5. I have already stated that Byabakama and his gang of Aisha Lubega, Stephen Tashobya, Peter Emorut, Justine Ahabwe Mugabi, Mustapha Ssebagala Kigozi & Nathaline Etomaru are committing treason under article 3(2) of the Constitution and by Section 23(1) of The Penal Code Act, a person convicted is liable to suffer death hence it’s a cognizable offence. This means that I and any other person who suspects that Byabakama and EC commissioners have committed treason have a right to arrest them and I will start my hunt for them so that they can be brought to justice before its late just like you should also start your hunt.
  6. The action of arresting Byabakama and other EC members is well protected by article 3(4-6) of our Constitution which provides that “All citizens of Uganda shall have the right and duty at all times— to defend this Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and to do all in their power to restore this Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions. Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this Constitution commits no offence. Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed, and that person shall be taken to be absolved from all liabilities arising out of the punishment.” You are perfectly covered by the law.
  7. Byabakama and gang, just know that you did not come from mars, you came from amongst us and do not be blinded by those mean-looking gun-wielding men who are indeed under our command because they serve in our interests. Comply with the Constitution and organize a credible election putting in mind that no amount of bribery, fraud and foolery will make Ugandans shift from here to elsewhere or will make you change your birth places from Uganda.
  8. It is so dangerous to know a fraudster from day one and continue to play by his tricks because if you do, you will be aggravating your damage. This is the reason why we, as Uganda People’s Interests cannot waste any energy is participating in this Museveni-Byabakama fraudulent scheme named elections.
  9. Fundraising for our East African Court of Justice Ref. No. 6 of 2019 against age limit removal is on-going via 0701881231/0779869880. The hearing will be via video-link on 13th July 2020.

20/6/2020

 

MALE H. MABIRIZI K. KIWANUKA

PRESIDENT, UGANDA PEOPLE’S INTERESTS.

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OPINION

OPINION: Facing The COVID-19 “Education Dilemma” – We Need A Partial Reopening Of Schools, Our Children Will Lose Learning Opportunities And May Drop Out Completely….

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In order to honour the courage and conviction of the children who were killed in Soweto for protesting the racist educational policies of the apartheid regime, the Organisation of African Unity (now the African Union) declared 16 June to be commemorated as the Day of the African Child. The day is also significant because it shines a spotlight on the condition of the children of Africa today.

This year the celebrations will be held under the shadow of the COVID -19 pandemic which has had a devastating effect on African children. More than a quarter of a million African children are out of school waiting anxiously for the governments to reopen schools.

Africa is rich in natural resources and has massive tracts of arable land. Africa is also rich in wildlife resources and tourist attractions. But Africa is also seriously deficient in educational facilities. The allocation of resources to education is very minimal in African countries. This has severely compromised the quality of education in Africa. A World Bank study estimated that 87 percent of children in Sub-Saharan Africa face poor learning conditions and consequently lack functional skills in today’s ever changing labour market.

We also need to look at the impact of school closures prompted by COVID-19. The shutdown of schools have had many negative impacts on millions of children of school-going age. Immunization services which children normally access from school have been disrupted, and so have the feeding programs and the distribution of sanitary pads. Schools normally stand in the gap but with the closures, many children are back home where their poor parents cannot offer them some of the services they have been getting from school.

African governments have put in place various stopgap remote learning measures to ensure that children continue to learn amidst the lockdown but many of the measures are unsuitable. They simply accentuate inequalities in the field of learning. Remote learning require platforms that depend on the ownership of computers or smartphones and access to the internet. But poor rural households have no access to internet and the required remote learning hardware. The Brookings Institution recently reported that while 90 percent of the children in developed countries have adapted to remote learning platforms, in Africa, less than 25 percent have access to remote learning platforms. Even common mediums of communications like radios and television are concentrated in urban areas. The children in rural Africa continue to languish in pathetic learning environments.

The dilemma facing African governments now is how to reopen schools. In Uganda, the government has issued several contradictory statements. Dates were announced for reopening schools but later retracted. Both the government and the school going children face a dilemma. But that dilemma is unnecessary. Through a combination lockdown, curfew, tracking and testing, sanitization and social distancing, Uganda has effectively contained the corona virus. The corona virus has not overtaken us. Therefore, a partial reopening of schools can be implemented with no risk that our efforts at flattening the curve will be irreversibly undermined.

In reopening, there’s no one size fits all approach. Every approach should be context specific. Internet based learning platforms can continue but for areas without internet, the schools can facilitate teachers to prepare assignments and readings texts and the children pick up the same periodically while submitting previous assignments. Schools will now become an arena for exchange between students and teachers, rather than a place where they meet face to face. Social distancing rules will have to be enforced to avoid overcrowding.

The policy decision required here is that “Teaching” should be declared an essential service. In addition, the government, through schools and local governments, can recruit volunteer teachers and license them. With community support, parents will regain their confidence and send their children back to school.

We need a partial reopening of schools. Unless we facilitate learning amidst the coronavirus pandemic, our children will lose learning opportunities and may drop out completely. The the impact on their future will be irreversible. They will be scarred for life.

 

By Norbert Mao

The writer is the President

Democratic Party

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