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OPINION: Some Men Are Alive Because It Is Against The Law To Kill Them – Lawyer Gives Legal Opinion On Mabirizi Legal Battle Over Bobi Wine’s Birth Date…

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Null Ab initio

Edgar Watson Howe once wrote :

“Some men are alive simply because it is against the law to kill them.”

I know many in the people power movement would want to associate this quote to a one Mabirizi Male.

I however,wouldn’t go down such a route, even for people who chose to soil themselves at every opportunity like Mabirizi. It would be against my moral campus and the time spent studying the Law.

I have read through his affidavit and have found it wanting Corpus delicti.

All these counts can be put aside by presenting an affidavit sworn by Kyagulanyi clearing these discrepancies prior to presenting his papers.

This case is not unique where one has academic credentials with different names. Take an example of people who change names on marriage or divorce.It’s a simple matter of a sworn affidavit and it’s settled.

The issue of date of birth would be the serious if we had a clear recording system. In Uganda most people have no concrete proof of when they were born including M7. Most people go by what their parents told them or days they were baptised. Only a few who were unlucky to be born in hospitals with records can fail to enjoy changing their date of birth at will. I  put it to Mabirizi and the rest of you to present documentary proof of your DOB beyond what your parents told you.

His choice of evidence is lamentable as this doesn’t bring him anywhere close to the test needed in a criminal case.

Mabirizi has to prove “Beyond reasonable doubt” that Kyagulanyi gave false information . This is a very high standard of proof: essentially the court has to be convinced that there is “no doubt” that these claims are true.

He has to prove the Actus reus and mens rea ,that is these acts of giving false information were actually done and done with malice fore thought.

None of his pleas or documents that have been availed to him can in my opinion reach that standard. That’s why most of his work is spent on drumming up media attention.

No wonder no lawyer worth any salt is showing any interest in this trivial case.

This is a case brought up to embarrass Kyagulanyi and for Mabirizi to gain some mileage. I await to see him in court and would wish to see a counter civil suit against him to claim substantial damages.

This case is Null Ab initio and Mabirizi knows it. Mabirizi has become a public nuisance. He should stop wasting time on such cases and instead go to LDC to horn his skill.

 

Charles Raba
The writer Studied Legal Practice Course LPC
with LLM in Law at University of Westminster

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You Can’t Convince Anyone, That’s Why You Keep Confusing People To Survive – Balaam To Nambooze…

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Reknowned city events promoter Balaam Barugahara has written a lengthy missive to Mukono Municipality lawmaker Betty Nambooze in which he generally advises the lawmaker to embrace and learn softer ways of recruiting people with contrasting views other than abusing and offending them.

Balaam says Nambooze lacks the needed humility and patience to deal with her opponents. He added that this is probably the reason why she has moved from one political party to another, with the latest switch being from the Democratic Party, which literally made her who she is to newly formed National Unity Platform.

Here below is Balaam’s letter verbatim;

Dear Hon. Betty Nambooze,
I AM PROUD TO USE MY MARKETING SKILLS TO CONVERT SUPPORTERS FOR NRM, MY PARTY.

The great Napoleon Bonaparte, once said that never interrupt your enemy when (s)he is making a mistake, but because we in the National Resistance Movement (NRM), do not view the opposition as enemies, I will this one time seek to correct and perhaps share a one or two tips about political marketing with my sister, Hon Betty Nambooze.

First of all, I must say that Hon Nambooze is entitled to her own opinions about me and the freedom of speech that has been jealously defended and protected by the NRM government guarantees her that. As to how true or factual those opinions are is a totally different matter.

Contrary to her views, Balaam Barugahara is not a politician. I am a hands-on marketer- and an experiential marketer at that. I have built a successful business and reputation in building especially Ugandan brands- ranging from entertainment, Fast Moving Consumer Goods (FMCGs), and even government brands, but again that is a story for another day.

What I am here to do is to proudly profess my undying support for my party, NRM. I am extremely proud to lend my marketing skills for the benefit of my party and I am glad the opposition is noticing- because our strategy is working.

Let me teach Hon Nambooze and the rest who think like her, a few things about marketing and political marketing for that matter. In the life of every marketer (insert politician if you like), there are three audiences i.e. allies, neutrals, and adversaries/opponents. For every party that wants to remain relevant and sustainable, its lifetime goal must be winning over as many neutrals and opponents to become allies and then re-deploying the allies (both new and old) to win over more opponents and neutrals. It is a lifetime activity.

And this is the strategy of the NRM. Unlike the opposition, we don’t abuse, fight, witch-hunt, or label our opponents. We win them over. Winning them over is not a one-day event, it is a process and it involves a strategy- identifying, approaching, convincing, and converting them. And we do not just convert them into mere supporters, we also seek to convert them into our brand ambassadors, so they can become living testimonies of how inclusive and tolerant our party is and in the process, win us more converts. If anyone is in doubt about this strategy, the results of the recently concluded Village Youth Committees should prepare the likes of the Namboozes, what lies ahead for them in 2021.

And speaking about strategy, strategy involves analyzing the core of a challenge or problem and then proceeding to build a unique, powerful source of leverage that is overwhelming to the challenge. But a good strategy is not complete without proper execution. In experiential marketing- we all know that any good execution must be compatible with all of your human, financial, relationships, assets, capabilities, etc., but more importantly, timing is key.

For anybody familiar with NRM, it is not a secret that one of the greatest assets that the NRM party has, is our Chairman- H.E Yoweri Kaguta Museveni. His wisdom, humility, and political charm is legendary. Many of his opponents, who have had a chance to meet with him, have all testified about how fascinated by especially the way he handles those opposed to him. The likes of Nambooze often love to think that it is about money- but this is far from the truth. But even then, how the NRM party uses its resources to run its political programmes, is purely the business of the NRM party.

I could go on and on, but we have an election to win and I know better than spending all my time teaching Hon Betty Nambooze on how to convert opponents because she doesn’t seem to have the humility and or patience needed to deal with her opponents. This is probably the reason why she has run away from the Democratic Party, a party that helped her become who she is today, to a recently formed National Unity Platform.

Who knows, maybe in 2026 or sooner, she will be with the NRM, once she disagrees with her newfound platform?

BALAAM BARUGAHARA ATEENYI

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Where Are We Headed As A Country? Our Uniform Has Been Reduced To Aiding Political War-mongers – Tumukunde On Chaos In NRM Primaries…

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Over the past weekend, the country has witnessed ugly scenes across the country as the National Resistance Movement Organisation conducted its parliamentary candidate primaries election ahead of the 2021 general election.

There were reported cases of voter bribery, intimidation and in some cases violence against the candidates and their supporters. Worse still the media was awash with reports of participants acting in a manner contrary to the Ministry of Health COVID-19 pandemic guidelines. One wonders what will happen during the general elections when opposition political players will be in the field too.

Elections provide an opportunity for a civil democratic society to hold their political leaders to account at regular intervals. If the leaders do not perform to the electorate’s expectations, the electorate is then provided with an opportunity to vote them out.
Unfortunately, elections in Uganda have been reduced to a show of financial might and power by those in positions of responsibility. This presents a very dangerous trend that has been growing over the years, and if it is not addressed, the electoral process shall continue losing credibility and legitimacy.

These most sacred of democratic tenets are being progressively eroded. They have been eroded by a government, which is averse to any differing political views, to the extent that holding such views is criminalised. The process of NRM internal elections, has unveiled the sad reality that as a country, we have become inwardly and institutionally corrupt, militaristic, patronising, and institutions have been misused, especially the security ones that are expected to be politically impartial.

Many who sacrificed to bring this government into power and rid Uganda of dictatorship did not envisage that the situation would deteriorate to this level. I for one, wanted to see a Uganda that respected democracy and the rule of law. A Uganda that was fair for all, a Uganda where every person had a fair chance in life, where people lived in peace and harmony. That is not where we are now. Something drastic must be done to restore normalcy in this beautiful country.

Renewed Uganda (RU) condemns in the strongest possible terms the violence and chaos that we have seen playing out in the length and breadth of this country. Our neighbours and the rest of the world must be looking on mortified at these scenes. Most importantly we, the people of Uganda, must not accept this as the new normal. We must not allow to be drawn into senseless battles that leave us vulnerable to injustice just because a few individuals want to be elected to certain positions.

Uganda is at a crossroads. We have a chance to choose between a political party which prides itself as the harbinger of chaos or a platform that promises a way forward for the Uganda that we all love. Uganda is a great country. I know this. I have had the chance to serve it in various capacities. I have been very proud to wear the uniform of our national institutions, which has now been reduced to aiding political war-mongers to excel in their game.

With the kind of recriminations that we have watched on television and in the mainstream media for the last few days, this is certainly not where Uganda should be. We condemn and reject this approach. We call for a process that is truly democratic, a free environment, and fair playing field so as to enable Ugandans express themselves without fear or favour. Ugandans across the country are a decent hard working population who look forward to a better tomorrow.

We at RU will continue to work relentlessly to bring that reality to Uganda. Until this is achieved, let us continue to be firm and focused on the road before us. It is only a matter of time.

For God and My Country.
Lt Gen (Rt) Henry Tumukunde.

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OPINION: Museveni Writes – Crooks Like Minister Rukutana Will Face Assault, Attempted Murder, Murder Charges…

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Countrymen and Countrywomen, especially the Bazzukulu.
Greetings again. The other day I sent out a piece about the NRM Primaries where I thanked the NRM members for turning up massively and voting transparently.

Today, I am back to tell you that as usual, the NRM has finally come to grips with one of the major factors of destabilization in the politics of Uganda.

This is the criminal act of vote-rigging that nullifies the sovereignty of the People. We, who are in the NRM, have been fighting this ever-since 1961- that is 59 years of struggle. The mulyabyengeddes need to know that struggles, sometimes, take long.

The riggings of 1961-62, took two forms: intimidation and vandalism in many parts of Uganda, especially in Buganda, including the cutting of coffee of opponents, as well as massive rigging by multiple voting, ballot stuffing, altering results, gerrymandering Constituencies, etc. The last rigged elections were in April 1962. We never had elections again until 1980.

Before those elections, the NRM forerunners (Fronasa, UPM, UNLF) tried unsuccessfully to close all the loopholes of cheating. Other actors refused to accept our views and since we were not in control, we bided our time.

In 1986, we gained control and in 1989, when we expanded the NRC, we started on the long journey of combating rigging by the following actions:
1. Electoral Constituencies had to always coincide with the existing administrative units (Counties, Sub- Counties) and never ad-hoc Constituencies like in the past;
2. Got rid of the enclosed Polling booths and, instead, put the ballot boxes in the open and these days we are using the transparent ones;
3. We removed the multiple ballot boxes and ballot papers and introduced the single ballot box and the single ballot paper; this got rid of the practice of destroying the ballot papers of the opponent by pouring acid in the box of the opponent or switching labels on the boxes (DP’s symbol of hoe and symbol of palm of UPC);
4. Counting had to take place immediately after voting and the results declared unlike in the past when the ballot boxes had to be exported from Bukhungu on the shores of Lake Kyoga to Jinja before opening and counting;
5. The Contestants could have their agents at the Polling stations to see what was going on;
6. Registers had to be displayed on the Polling Station sometime before polling so that the surrounding villagers identify the non- residents, the dead, those who migrated, the underage, etc.
This could have eliminated rigging and fraud but for two problems: corruption and lack of vigilance by many of the Citizens. The election officials have taken to corruption.

Secondly, especially for the NRM supporters many of whom are farmers, Business people, etc. They have no time to go and check on those registers. This allows the crooks to manipulate the lists.

Then there is the problem of violence, threats, intimidation, and bribes which the Police and GISOs should stop.
However, it has been part of my mission since 1961 to contribute to the ending of votes rigging in Uganda. I, therefore, determined to close those gaps also.

The only way to close this gap that did not depend on the vigilance of the People was the digital verification of the voters using their biometric-data (fingerprints etc.) so that voter registers only once and if he or she tries to register a second time, the Central memory of the system will detect it and block it.

The corrupt team that was in the Electoral Commission refused to procure this system. It is, however, being procured now. This will end this sad story of the anti-democratic forces at least as far as the problem of multiple voting and multiple registrations is concerned. It will also deal with the problem of ballot stuffing because the fingerprints digitally read must be equal to the votes in the ballot box.
The issue of bribery, threats, attacks, etc. is for the Police and the Public to capture the evidence and we deal with those Criminals. These measures would free the voting process of the Country from the crooks.
However, for political parties like the NRM, we cannot have the resources to build such a digital system. Yet, we were being undermined by the corrupt actors that had infiltrated the NRM when we came from the bush. When we came from the bush, we used the method of lining up behind candidates of our choice and it was very transparent.

However, with the 1995 Constitution, it was decided to go to secret ballot even when we were still using the Electoral College system. Then the problems of bribery started. This provoked the pressure to go for universal suffrage but with the secret ballot. Still, the problems of cheating persisted because whatever precautions we took, they depended on human vigilance, which was not always assured.
That is why, recently, at the Chobe CEC Conference, we decided to go for lining up. You have seen how it has succeeded. It is transparent for everybody to see during daylight.
However, the shallow crooks still think they can bribe, can intimidate, can assault or can, even, alter results of the obvious that was witnessed by hundreds. This is an incredible shallowness.

The cheating in the NRM Primaries is over. Those who beat People, like in Bukono, are all in jail or on the run. Minister Rukutana is in jail and will be prosecuted. They will be fully accountable with robust charges: assault, attempted murder, murder etc.

Those who altered results will go to jail on forgery, fraud, subversion etc. and their forgeries will not stand. We do not even have to repeat the elections, except where they were not held. We simply need to audit what happened in each village.
The NRM elections are village-based. They should begin in the village and end in the village. Once the counting is done in the village, the elections are over.

The rest is adding. It will, therefore, not help anybody to miss–add because the original village generated numbers are there and the People who are aware of these numbers are many.

Any other shallow schemes like moving voters on Lorries from village to village are easy to unearth. Those are all crimes for which the perpetrators will be answerable criminally.

This, therefore, maybe the tail end of cheating in the NRM. Even the victims of these schemes should be steady. Just get facts from your village agents (truthful facts); the crooks are wasting their time and ours. The NRM will end rigging in Uganda by the digitalized biometric voter registration and by transparency through lining behind candidates or their photographs within the NRM. Another first for the NRM.

Ykm, the Old man with a hat.

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