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    OPINION: Relief Cash To The Affected Or Feast For The Well Off Servers?

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    On 18th of June 2021, the president announced a total lock up of the Country commonly known as a lock down for 42 days as a measure to curb the upsurge in cases of Covid 19 2nd wave.

    In this, all business operations were declared frozen except very few only classified as “essentials “.

    The president thereafter urged Ugandans to stay home to prevent further contraction, confirming that his led government was committed to provide relief support to them survive through the troubling moments especially the families whose businesses were severely affected by the imposed measures, through the Office of the Prime Minister (OPM).

    Following that, the Prime Minister (PM) Rt. Hon. Robinah Nabbanja addressed the nation confirming that the government was very committed to salvage the starving families with relief aid which she confirmed was to be cash transfer to them this time around as opposed to their approach of solid food hand out distribution of the previous lock up(2020).

    For Ugandans wherever her news reached, it was a big step in the right direction. They started to pray for its expeditious implementation. While it was a matter calling for urgent response, it took the power bearers weeks to determine the cash amount for distribution and it’s possible beneficiaries. Eventually 100,000 shs figure was resolved to be disbursed but on conditions that, first,if the beneficiary’s cell phone had never done a transaction of 500,000 shs and above, second, if they were “abawejjere” literally to mean those that are extremely poor, although chose refer to them as the vulnerables in English, before setting in another tougher condition of cashing it out to only one member of the whole house hold for those groups of selected peoples.

    This all reminded me of the Animal Farm politics  in the Animal Farm book by George Orwel in which seven rules were put in place by animals to realize restraint against excesses by some actors. One of them was,all animal’s common enemy was a man whom they regarded as a selfish character that had subjected them to had labor on his farm before conniving amongst themselves to take over it’s control from him ,all animals are equal, etc,etc.

    But when the feasting moment came, the Pigs arguably took the largest share for themselves, because the farm was enormously surviving on their supervisional efforts. Verify, the government agents have time and again chanted slogans justifying the pandemic as our common enemy to be only defeated collectively which is correct, but only to contradict it when it comes to actions.

    When the businesses were locked up, the poor and rich suffered, but when the relief aid response was effected, it was only “abawerejjere” as code named, and very few of them the 530,000 targeted households received the 100,000 cash hand-outs of  the 53 billion shs that was earmarked for the same.

    If at all only very small of the projected beneficiary’s fraction  cashed out,where did the balance in whooping billions go?!

    Potential beneficiaries in all the proposed catchment areas would be seen biting the bone, who took the flesh?

    They have been reported in the media failing to have received any iota of the said money on their cell phones to at least cushion themselves from the effects of the pandemic harsh measures. Was it then Relief Cash to the Affected or a Feast for the Well off Servers?

    Be it as it is with the Bible that all men are equal before God,the same principle is not any different with our banana republic rules that require all men to be equal before them. But why does it become and remain a common practice by a certain class (clique) of people here to squander public resources with impunity?  Incidentally the stolen resources are a contribution of the citizens that are called “abawejjere” from their hard earned incomes. They are the payers of taxes which translates into heavy wages, emoluments and salaries for public officials. All men are equal, yes, but some are more equal than others!

    Evil is becoming much in  the system and if it does not stop but continues to shine unrestrained the way it is, then our blessed motherland is not far from heading to the lane of the citizenry insurrection, its birth pains are….. When Mr. Johns in the Animal Farm novel dropped his farm responsibilities, it was taken away from him by his own hungry animals, kicked him out, the rest was history.

    When the corrupt are not tamed, the nation is a candidate of the worst. God forbid. Uganda is for God and therefore, God must be given a first place in everything. When leaders cease to love God, they can not have love for the people they lead and nation thereafter. (1 John 4:20-21)

    Is Cash Transfer Unique to the Uganda Government?

    Some government officials have argued that the cash transfer approach which was adopted by the government as one of measures to mitigate the population from the effects of the pandemic is unique to Uganda!

    This narrative can not be right. When Africa was struck by the first wave of the pandemic, African nations including Uganda adopted measures in April 2020 to cushion their population from Covid effects.

    South Africa had  put $ 26 billion (£21) for her economic recovery.  $ 2.6 billion out of that went for cash transfer to the affected. $ 38 was disbursed to every child for 6months. Unemployed people there were assisted with $18 per month for 6 months, all not from the loan fund . Nigeria put aside  $1.4 billion for a few selected groups(3.6 million people) of the affected with each granted $13. Kenya started with a $93 million Covid 19 support stipend for more than 1 million people starting in Kibera slum and so forth. Rwanda opted for giving all her citizens solid food hand- outs.

    Surface to note that , those measures were transparently and successfully realized by those nations. Uganda gave out food rations from the 59 billion that was set aside to a very few out of the many affected, not even reaching a million people, and now cash transfer of 53 billion shs. Therefore, it can not be true that it is Uganda that has started the cash transfer.

    In conclusion, all our public offices need a crop of occupants that have  truly accepted Jesus Christ to be their personal Lord and Savior, and everything will now be well with us.

     

    By Emmanuel Kirunda- Journalist.

    The author is the General Secretary Uganda Journalist Association (UJA).

    Contact: 0775271777, 0700861810

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    OPINION: Uganda’s Political Transition Is Secure: Things Of “Who Comes Next In The Political Queue” Do Not Put Money In Anyone’s Pocket Or Bring Food On Any One’s Table…

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    President Museveni after meeting DP boss Nobert Mao (L). Inset is the writer Faruk Kirunda

    I admire and respect the Minister of Justice and Constitutional Affairs, Mr. Nobert Mao, whom I first knew as a firebrand Guild President at Makerere University and later Member of Parliament for Gulu Municipality, LC 5 Chairman and DP President General.

    Joining Cabinet as a Minister despite being a DP leader speaks of his willingness to mend fences for the sake of peaceful co-existence and harnessing President Yoweri Museveni’s policy of working with all regardless of political and other differences.

    Minister Mao’s DP is a key player in Inter-Party Organisation for Dialogue (IPOD), a body uniting political parties with representation in Parliament, boycotted by some other parties powered by radical isolationism. His advocacy for a transition can be understood from his “outsider” background but he is now best placed to work from within to cause the change he pushes.

    However, I belong in the category of those who believe that there is no controversy around transition, and duly conclude that there is no need to lose sleep over it. Our Constitution provides for transitional procedures which align well with the democratic dispensation we enjoy.

    Most times when someone talks about transition-or succession-the focus is on the Presidency. Reason being that Uganda has had President Museveni in power since 1986. To me, every five years there is a transition, except that the same person is reelected President.

    Each successive term of the President is unique from the preceding one since the mandate is different. Besides, every five years, we have a new cabinet, a new Parliament, new Local Councils and so on. This is a constructive transition!

    About transition at Presidential level, if an incumbent loses elections, the winning candidate takes over, simple! All one needs is a 50% plus 1 (one) to win. If there has been no transition (at all), the challenge is on opponents of President Museveni for failing to defeat him. It’s not his challenge. Every leader seeks to maintain advantage over competitors. That’s the nature of politics. Ugandans reserve the power to cause a power shift and the legal regime provides for that.

    There is no need to panic or be anxious for change; it cannot be forced. It’s okay to talk about it but sometimes such discussions divert us from things that should really interest us.

    We should work more for “economic transition” than discussing political transition which is guaranteed under the Constitution. Ugandans are grappling with great need to take the next step economically while the Government is all out to devise methods to enable the people to join the money economy.

    Economic transformation is the main challenge of our times which we should address with all our might, mind and will. Things of “who comes next in the political queue” do not put money in anyone’s pocket or bring food on any one’s table. Instead, they mislead Uganda’s to think that a new Government would put free money in their pockets or put food on their table as if by magic.

    Transition and succession talk gives confidence and relevance to the President’s opponents but nobody knows who may win the next general elections. There could be surprises, including people that currently have less say in politics.

    Those obsessed with the two ideas may feel a sense of entitlement to benefit from the transition directly, looking at positions and roles, but that is not in the interest of the Ugandan that needs support to grow his or her agricultural enterprise or small shop. Let’s prioritise economic transformation and service delivery. The politics will sort itself within the democratic allowance in place.

    We can discuss the process and how to improve it but transition as a subject matter is, in my view, redundant and over pressed. The transition fanatics have a chance to mobilise for the change they want, that’s opponents of the President have always come up to challenge him, because they are aware that the transitional infrastructure is in place, expect that they fall short on defeating the incumbent.

    President Museveni has created a platform for people to grow their potential unlike in the past when potential successors were eliminated. If anybody is meant to be the one to take over, he or she will not fail to find a foothold. If there is anyone to thank for the “transitional space” in place, it is President Museveni, as opposed to being a stumbling block to the same.

    Or maybe they want him to hand power to another person who is not elected by Ugandans, just for the formality of seeing power change hands. The President has never said he cannot hand over to someone else if defeated or if he chooses not to contest elections again, but who is that person for whom a red carpet must be laid when it costs blood and sweat to put us back on course?

    Our Constitution does not leave room for speculation and at the appointed time, there will be a transition on all fronts as and when Ugandans are satisfied with the conditions and contenders in place.

    For now, can “alternative leaders” justify themselves by promoting Government’s transformation programmes and fighting corruption, crime; promoting unity and harmonious co-existence, etc? The question that should attract our attention is: “Transition to do what?” Transition for the sake of it did not help Uganda at its hour of greatest need in the late 1970s and early 1980s.

    We had leaders lasting only months, what did that benefit us? On the contrary, we were greatly stabilized until a stable Government took over, steering us through turbulent seas until now when we have regular free and fair elections.

    Let’s consolidate that without losing sight of the most pressing objectives and needs of the people-they need jobs, they need capital, they need industries to add value to their produce and earn higher profits, they need better health care, roads, schools and so on.

    I wish to allay the fears of all Ugandans that the question of transition is already answered within our Constitutional framework as well as in our democratic practice. Let’s play our part within the democratic calendar in place!

     

    Faruk Kirunda is the Deputy Presidential Press Secretary

    Contact: kirundaf2@gmail.com

    0776980486/0702980486

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    OPINION: Let’s Push To Rescue Ugandans From Land Mafia…

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    Article 237(1) of the Constitution of the Republic of Uganda states that land belongs to the citizens of Uganda and Article 26(1) protects the right to own property either individually or in association with others for instance groups of people who hold land communally. This privilege of the right to own land privately is peculiar to only a few countries, with Uganda being among those whose democratic dispensation allows its citizens to enjoy extensive land rights.

    However, amidst this right to freely own land, and with ever shrinking land resources on account of population increase and other pressures, land fraud and mismanagement threaten to destroy the terrestrial tranquility that we have traditionally enjoyed and which is the baseline of our harmonious existence on mother earth.

    Land is inelastic, costly and highly sought after in the Ugandan context where rapid ground development is taking place every single day. Those who are lucky to have inherited ample spaces of land from their parents or those that foresaw the spike in land value when it was still obtainable and affordable are lords in every sense of the word. Someone with land is rich and able to navigate the highs and lows of the economy, either by selling off some of it or developing it in agriculture or real estate. Others mortgage their land and use proceeds to do business.

    Rapid population growth, combined with either limited opportunities for non-agricultural employment opportunities or increasing demand for land for other kinds of use is a key factor that causes land values to appreciate, resulting in greater squeeze and competition for a decreasing amount of land available. This is a major catalyst of conflicts across generations.

    Due to its “gold” status, unscrupulous players (bafere) have squeezed into the land market with rigorous fraudulent schemes that are catching land owners, managers, administrators, law enforcers- and even Government- by surprise. They claim to be connected but I think their connections are in the line of links with a mafia network taking advantage of the goodwill of Government and the ignorance of land owners, and the vulnerability of certain categories of Ugandans such as the elderly, the young, those living abroad but with estates on ground and with no next of kin to advise them or manage property for them.
    The most alarming of the land mafia schemes is that involving forgery of land documentation, making it possible to execute illegal transactions on lands they have no legal claim on. How this works is that these criminals, who most probably have connections in the offices responsible for land management, identify “suitable” land in the system or which they have physically seen or whose history they are privy to.

    They then seek out original documentation and change the folio or volume, which in effect makes the title a different one but over the same land in question. Or where no title exists, they create counterfeits without a basis in how they acquired it (the land)-neither bequeathed to them nor purchased. This affects the land register at large and creates uncertainty in the market. The land mafia simply grabs people’s land from right under their feet, and we must push to save our vulnerable citizens!

    The disorganisation and confusion in the existing registration system and procedures make prevention of fraudulent transactions all the more complicated, despite Government’s efforts and best intentions.

    The leadership may intervene to resolve issues like illegal evictions and compensating and resettling squatters but the compromised registry environment and damaged and outdated land records leave little room for the genuine owners and clients to protect themselves or get reliable information about their property. This affects their settlement and exploitation (development) of the land.

    In the case of the Government, development of public infrastructure projects such as roads is hampered where the Government has to contend with illegal occupants purporting to have authentic documentation on its land.

    This is where digitization of records will curb part of the problem. The mafia could still log in and compromise the network. Actually, it may be easier to manipulate that system more than the analogue, paper based one. What is required is having well trained lands managers with integrity to resist the fraudsters and save mother Uganda from being parceled out by the cabal which has no consideration for propriety or the interest of bonafide occupants or owners. It is due to incidents of multiple ownership of land that conflict and bloody evictions are happening.

    Furthermore, when challenged legally or otherwise, they forge sale agreements, wills and court orders to bolster their bogus dealings. Such practices are more common in urban areas but catching on in rural areas, and it’s time that assertive measures are undertaken to prevent the land system from being captured and literally mortgaged to the detriment of communal and national development.

    Stronger interventions should be made to streamline land ownership, management and transactions to prevent social breakdown, disharmony and “ground capture”.

    It is also a fact that knowledge on law and rights is limited amongst communities. I bet that the majority of Ugandans have little knowledge or land rights and the correct procedure to follow to acquire or safeguard their land. It’s everyone’s duty to know the law and the accompanying procedures on land ownership and management to get ahead of the “competition” and protect one’s Constitutionally conferred rights in that regard.

    I have been notified of the activities of unqualified land surveyors who disregard professional standards, leading to mistakes being done during boundary openings, where you find boundaries crosscutting. What are such characters doing in this vital sector?

    Faruk Kirunda is the Deputy Presidential Press Secretary
    Contact: kirundaf2@gmail.com
    0776980486/0702980486

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    Minister Mayanja: Here Is Why Judiciary’s Independence Is Not Absolute…

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    Minister Dr. Sam Mayanja

    The Judiciary power is derived from the people and exercises its mandate under the constitution as per Article 126 in the name of the people and in conformity with law and with the values, norms and aspirations of the people of Uganda.

    The   independence of the judiciary is not achieved in an instant act, but rather over a period of time by a continuous struggle which takes place within the framework of an ongoing and dynamic process.

    At Independence in 1962, Uganda inherited a judicial system which was an integral branch of the executive rather than an institution for the administration of justice. The colonial administration was mainly interested in the maintenance of law and order.

    It had no respect for the independence of the judiciary or for the fundamental rights of the ruled. The judiciary was that part of the structure which enforced law and order.

    The colonial judiciary was therefore an instrument of control of the executive power, lacked credibility and therefore enjoyed little respect.

    The 1995 constitution marked a departure from this colonial narrative when under Article 126 (1) a definitive description of the role of an independent judiciary responsive not only to the law but also to the values, norms and aspirations of the people of Uganda is given.

    This sanctity of the people is guaranteed by the vesting in an elected President, all Executive Authority under Article 99 (1) of the Constitution, and under Article 99 (2) vesting in his mandate to execute and maintain the constitution. Accordingly when the values, norms and aspirations of the people of Uganda are ignored by the Judiciary itself, the constitution has mandated the President to intervene in his capacity as the last bastion of the constitutional enforcement under Article 99 (2).

    Accordingly when the Judiciary orders properties like Mosques or Churches to be put on sell by public auction or private treaty in disregard of the citizen’s values, norms and aspirations towards places of worship, orders bibanja holders to be evicted ignoring their right to security of occupancy, orders bibanja holders to forfeit their holding without compensation, alienates public land to traditional rulers, or sacrifices substantive justice at the altar of legal technicalities, then a situation arises for His Excellency to exercise Presidential mandate under Article 99 (1) (2) to safeguard people’s aspirations under Article 126 (1) and 126 (2) (e) and intervene guiding the Judiciary back to the constitutional path.

    The independence of the judiciary does not mean just the creation of an autonomous institution free from the control and influence of the executive and the legislature. Rather it must be seen within a structure where judges are appointed according to their merits, academic credentials, seniority, and other conditions established by the laws of Uganda bolstered by a system where persons selected for judicial office are individuals of integrity and ability.

    This method of judicial selection safeguards against judicial appointments for improper motives and is cardinal to independence of the Judiciary in Uganda. It is further bolstered by adequate remuneration, conditions of service, pensions and the age of retirement being adequately secured by law. The Judges have guaranteed tenure until a mandatory retirement age.

    The provision in article 99 (1) (2) and (3) ensures that the independence of the judiciary is not used for one department of government to be in a position to dominate the others. It should rather be seen within the constitution which provides for the composition and powers of the executive, the legislature, and for the judiciary. A constitution is one living organ, no one article destroys the other, rather they all support each other.

    It must be recognized that in the Third World Countries where Uganda is one, there are times where there is complete constitutional breakdown or revolution, which occurs because of the constitutional inadequacy or of a successful coup d’etat generally followed    by imposition of martial law or army rule.

    This constitutional breakdown creates an environment in which constitutional and conventional restraints become inoperative. The legislative and judicial branches become subordinated to the executive which may itself become subordinated to the military. In the landmark case of ex-parte Matovu, the Court took judicial recognition of a successful revolution.

    Sometimes in the life of the nation, circumstances which are not legal but basically political arise where the solution can only be political. An example is where an extraordinary situation arises and the government must declare a state of emergency and judicial independence gives way to executive and security management of a situation which has arisen. It is a situation beyond which the judiciary-courts do not decide political questions.

    It must always be borne in mind that judges are, after all, human and although they are professionally trained to be fair, and fearless in discharging their functions, they are as wearable as anyone else to human frailties. It therefore becomes clear that achieving judicial independence is not only legal, but a social, cultural and political problem as well, rendering Article 99 (2) politically and judicially imperative.

     

    Dr. Sam Mayanja

    Minister of State for Lands

    smayanja@kaa.co.ug

    www.kaa.co.ug

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