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    Ugandans Happy As UCC Withdraws Mtn License

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    By Otim Nape
    Millions of Ugandans are in the happy mood and praying for the worst after regulator UCC refuses to automatically renew MTN Uganda’s telecom operational license. Reliable industry sources have revealed that every telecom must renew its license every 10 years and that the license for MTN was last renewed in 2007.

    Since the year 2007, many things have changed and millions of unhappy Ugandans are every day
    reporting complaints to UCC calling for tough action against MTN for cheating them and engaging in many other exploitative and unethical practices. Besigye’s PA Muhinda Ronald is one of the Ugandans praying
    to see that UCC doesn’t renew MTN’s license. Muhinda has been making noise accusing MTN of cheating him on his MBs and daily bundles which he buys and they are chopped instantly. Many other Ugandans are
    unhappy with MTN following claims that it aids spying on their phone calls by security agencies mostly during campaign time. In the past, the FDC party which has millions of members and supporters publicly burnt millions of MTN lines accusing the giant telecom of encouraging the security apparatus to spy on them. Since that time big people in FDC like Kizza Besigye have never owned an MTN line. Besigye uses only airtel line which starts with 0752. He keeps saying airtel is safer compared to MTN, the very reason he doesn’t use it. Other Ugandans who aren’t in politics at all accuse MTN of exploiting them by charging them much more on phone calls they make than airtel which gives them many free calls under its offers like pakalast, mega corporate bonus etc. When it comes to lending airtime, still majority Ugandans are for airtel because until recently the maximum MTN would lend was airtime for 1,500.
    PROFIT REPATRIATION
    On a more serious note, Ugandans have also been complaining to UCC on the issue of profit repatriation. The South African telecom giant repatriates 600bn back home every 6 months and whereas this isn’t against the law, it’s something that annoys many Ugandans seeing MTN as milking the cow without feeding it.  This means in a whole year, they repatriate 1.2trillion shillings leaving Uganda’s economy bleeding yet they make all this money from this same market where they are ever busy exploiting the poor. Customers in Uganda have rewarded mostly airtel by migrating there and spending much on Airtel airtime because it often comes with generous bonus packages.  The latest UCC statistics show that MTN has 18,048,353 registered subscribers and it’s closely followed by the pro-people Airtel at 10,076,051. Africell is in number three with 3,588,583 registered subscribers. UTL is number 4, Smart telecom number 5 with 113,595 subscribers followed by K2 telecom, Vodafone with 62,998 and Smile with 19,809 and Tangarine with 2,722 subscribers.  UTL is number 4 because it had management problems, Aga Khan’s Smart is number 5 because the market has rejected them, Vodafone in number 7 because its generally a new entrant and K2 is in number 6 because of the exploitation by the Lebanese who own Africell and this is a story we shall be exposing in details in the coming days. In fact for MTN, Uganda is one of the best markets because the government has been allowing them to charge customers the way they want and to repatriate the profits the way they want even when this is clearly contrary to what the people want. When it comes to top jobs and managerial positions, most of them are given to expatriates from South Africa and other countries as if there are no indigenous Ugandans who went to school.  The biggest Ugandan in MTN is Chief Technical Officer Goodian Kyomukama and the rest (CEO, CFO, CMO, Sales head etc) are foreign expatriates earning salary in dollars. Reliable sources show that one of the reasons why the government wants to revamp Utl is to make sure MTN’s practice of repatriating more than 1trillion per year back to South Africa is stopped. When Utl becomes the leading telecom, then MTN will finally be eliminated and forced out of this market because they are just exploiting and they don’t care the way Ugandans suffer. The public says MTN has the worst customer care and sometimes the company blames this on the large customer base which overwhelms them.

    Table showing market share for different telecom companies operating in the Ugandan market

    MTN LOSES TO AIRTEL
    Because customers are ever running away from the MTN because of the way the South African telecom exploits them and cheats on their MBs, Airtel has progressed very well. Its customer base has grown
    especially on voice calls and MTN is now very scared of Airtel and other upcoming players. Because of the bonus packages it has, Airtel today has the highest number of registered telephone lines that are used for voice communication which is the same as traditional phone calls. Most Ugandans use their airtel lines (both 070 and 075…) to make and receive phone calls than they use their MTN lines. This has resulted in Airtel boasting of the highest number of active lines when it comes to voice calls and revenue made thereof. Airtel is also doing well on data sales because customers rightly realize that Airtel data or MBs is cheaper and faster when using internet than the MTN service which is slow and keeps chopping people’s MBs. MTN is again more costly for customers who use money mobile to pay bills like TV charges, water and electricity utility bills. Having lost out to Airtel which customers say isn’t exploiting like the MTN, the South African telecom giant has concentrated on mobile money transactions and this is the only safest area they still have to properly beat Airtel. Indeed one of the industry sources we interviewed said most of the registered active subscriber lines registered on MTN are only used for mobile money transactions and a little bit of internet/data business otherwise those MTN lines would be totally idle by now because of MTN’s very exploitative charges. Reliable sources say UCC will take some good time reviewing the complaints from the public before deciding to renew MTN’s license for another 10 years or not. As per now, MTN is on air but with no valid license because what they got in 2007 has already expired.  In the meantime, the public eagerly awaits the UCC final decision but millions of them will be happy and they will appreciate UCC boss Godfrey Mutabazi more if he shocks the public by not renewing MTN license or renew it with very strict conditions being given out to ensure the public exploitation stops. As for the FDC, they dislike MTN so much that even when they are fundraising they mostly give the public Airtel lines and they are ever discouraging MTN lines.
    MTN IN OTHER EAC PLACES
    In the East African region, Kenya is the biggest economy but MTN makes more money in Uganda than Kenya. This is because Kenya licensed them to only offer internet services. Kenya has only 3 mobile telecom operators and denied MTN the license on grounds they can’t afford a 4th operator.
    VERY STRANGE SITUATION; knowledgeable telecom industry sources said it’s very strange and awkward that a big player like MTN can wake up one day when they have no valid license. “It simply means that behind the scenes, there has been a lot of issues of disagreement with UCC concerning their non compliance otherwise their license would have been renewed months earlier before the current one expires” explained a source adding that “even as of now they shouldn’t be on air except if the regulator gave them an interim license which can’t be more than 3 months”. The source added that when UCC is giving you the license to operate as a telecom operator, it comes with obligations which you must fulfill or else your license is revoked or not renewed once it expires. The licensing obligations are in the areas like making sure the service is good and satisfying to the customers and to ensure the area you were licensed to cover is getting the service. The license also comes with certain financial obligations and UCC receives quarterly reports showing compliance in each of the license obligation areas. Sources say there are many issues and unanswered questions concerning the quality and authenticity of the quarterly reports MTN has been submitting to UCC. Every telecom operator is obligated to surrender 2% of their gross income which UCC uses to capitalize the Rural Communications Development Fund (RCDF) which aims at deepening access to internet in rural areas. “UCC is allowed by the law to refuse to renew your license as a telecom if there are many service complaints from the public and customers which seems to be the case for MTN. This must be the reason their license wasn’t renewed by UCC before the current one expires and if the law was to be strictly followed without any political interference, UCC should switch them off now unless Mr. Mutabazi gives them some interim license which can’t exceed three months. Any Ugandan can now go to court and get a court order for MTN to close shop” the source added. Speaking separately, a source in UCC confirmed that MTN has been losing ground to Airtel especially for traditional voice calls. Whereas Airtel is now the biggest on voice revenue, MTN is mostly thriving on social media calls and data sales but mostly mobile money. It’s a public secret that the traditional voice calls will be totally phased out in the period of three years from now. By that time everyone will be calling using skype, facebook, whatsapp and other social media platforms using the internet.

    MTN CEO Brian Gouldie

    SELFISH SOUTH AFRICANS: MTN’s other problem why Ugandans feel they haven’t benefited much for the very many years it has operated in this market, concerns staffing and the composition of its top most
    management. The biggest position a Ugandan holds there is Chief Technical Officer Goodian Kyomukama who by now should be the CEO or something like that because he is hard working, honest and has accumulated enough experience.  As per now, the MTN CEO, CFO, CMO and head of sales are all foreign expatriates paid in dollars yet we have Ugandans who are even more qualified and can do the job better. UMEME and Stanbic Bank have set the example that a Ugandan can be CEO and do a good job in those big companies. At MTN, the story is different.
    Ugandans can only serve in subordinate positions. “They have operated in this market long enough and by now Ugandans should have been trained and trusted to steer the company from the very top but deliberately that isn’t happening because the South Africans’ deliberate approach is to exploit the economy without growing it” said the telecom industry source. In the board there is Charles Mbire whose voting rights can’t equal that of the South Africans when it comes to making big decisions. Mbire is a former PA to Gen Salim Saleh which could explain the mileage and connections his involvement has had for MTN. But as per now, UCC is determined to enforce the law whether MTN likes it or not. The fact that the license had to expire to the last day without another one, and UCC continues saying we are still reviewing, is an indicator that all isn’t well between the regulator and MTN. MTN mostly repatriates profits in hundreds of billions (they take in dollars) which drains our economy dry. The only money they invest here goes into network-related investments e.g. fiber. They also invest a very negligible small fraction of their money in CSR for example the MTN marathon. They haven’t invested in anything else outside things concerning network improvement. Their repatriation of profits is the reason our economy is ever diluted and facing scarcity of dollars. UCC is also concerned that MTN is looking at only profits and can’t show any sense of responsibility to ensure Uganda’s sustainability as required of them as a corporate citizen. The UCC source gave the example of MTN refusing to invest in network infrastructure in some parts of Uganda because people there are too poor and can’t afford telecom services even though there is potential of them affording it in future. MTN and other telecoms have a duty to support such communities to grow economically and start consuming their telecom services. This is another reason M7’s government wants to revive UTL because that is the Uganda owned telecom which can make such investments in areas which aren’t immediately profitable. “MTN  has a lot of capacity but they can only invest putting up a mast in an area after seeing there are people to start using their services yet in some cases, you have to be patient and invest in long term prospects” the UCC source added. In the East African region, MTN operates in Rwanda, Uganda and Kenya which limits them to only data services and not telecom. Uganda permits them to repatriate profits and to employ the expatriates the way they like and this is one reason they make serious super normal profits in Uganda. They considered the Tanzanian market but abandoned the idea after seeing the government was very strict and protectionist of its citizens against telecoms that come to exploit them. Uganda is one market they entered early which also partly answers the question why it’s their best performing market.

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    MY MONEY

    Kampala City Traders Boss Kabanda In Deep Trouble For Mismanaging Money Members Contributed To Fight EFRIS…

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    FUTA chairperson John Kabanda (L) and Godfrey Katongole (R)

    Kampala city traders associations members under their umbrella body the Federation of Uganda Traders Association (FUTA) have tasked their controversial chairperson John Kabanda to give them accountability for the funds they contributed to run federation activities.

    Isaac Kauma, a member of Kampala Traders Association, exclusively revealed to theGrapevine that Kabanda turned furious and started spreading malicious propaganda against a section of traders who are demanding for accountability of their money which they have been contributing since last year.

    Kauma narrated that when President Museveni confirmed that he was going meet them again on 18th July, 2024 at Kololo Airstrip ground to further discuss their grievances over the controversial Electronic Fiscal Receipting and Invoicing Solution (EFRIS), Kabanda and other FUTA leaders approached traders and asked them to contribute money which they were going to use to transport traders from all corners of the country to fill the entire venue to show the president that they have the numbers and the capacity.

    He added that Kabanda confirmed to them that they need numbers to out compete members of the Kampala City Traders Association (KACITA) who wanted to show the president that they are the ones controlling traders after accusing KACITA leadership of betraying them and by being in bed with Uganda Revenue Authority (URA) which was imposing EFRIS on them.

    Kauma asserted that more than 1000 traders around Kampala city contributed between Shs10,000-Shs20,000 but the meeting didn’t take place because the venue was under renovation and the president promised to meet them on another date.

    He said that State House made the said announcement after Kabanda and other traders’ leaders met Museveni at State House Entebbe and they were told that Kabanda and his deputy chairperson Godfrey Katongole asked the president for a private meeting with him which the president accepted.

    Kauma added that they later learnt that Kabanda and Katongole asked the President to give them Shs3bn to mobilize traders to accept EFRIS a proposal the president declined to accept.

    The President told them that he doesn’t the money they were asking for but promised to put Shs300m in their SACCO.

    “From that day, Kabanda’s behavior is questionable, he always doesn’t want to be asked questions on why the president is not meeting us and turns furious when asked to give us accountability for the money we contributed for the function which didn’t take place,” Kauma said.

    He revealed that the accountability issue has weakened the federation thus causing a sharp fight between Kabanda and Katongole.

    Other traders allege that Kabanda has fired Katongole from being his vice chairperson and removed him from their WhatsApp group and replaced him with Moses Lwegaba the chairperson of Katukazane Shoe Dealers Association.

    Sources claim that Katongole supporters are now threatening to take action against Kabanda for firing the man who has done everything in the struggle to fight for traders and replaced him with a newcomer.

    Insiders are now alleging that the two leaders are fighting over a bribe they received during the EFRIS strike when traders closed their shops.

    There is another allegation that Katongole was given money to go to the Eastern part of the country and mobilize traders to join the strike but he refused to go and decided to hide in Kampala.

    When he was put under pressure to provide evidence that he traveled upcountry and had none, he was shown the exit.

    When contacted, Kabanda confirmed the infighting, explaining that it is aimed at weakening his FUTA leadership and the trust that the traders have placed in them.

    He revealed that even though he is receiving threatening messages, his resolve is still strong and he is ready to fight for all traders.

    He denied allegations of mismanaging traders’ money.

     

    By Timothy Nyanzi

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    CRIME

    ABSA Bank Dragged To Court For Stealing Dead Customer’s Money…

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    Eunice Nabadda Kayondo the Administrator of the Estate of the late Dan Kayondo has dragged ABSA bank to the High Court Civil Division Kampala over allegations of stealing money for the dead.

    Nabadda through her lawyers led by Ronald Ruhinda claims that she is a daughter to Kayondo who was also given powers by court to administer his Estate including the bank account number 0288045860 which is in ABSA Bank Luwum Street Branch in Kampala city.

    In her affidavit, she told court that after securing the powers of administering her father’s bank account, she went to the bank and the bank’s managers verified and approved her documents declaring her as the single signatory of the said bank account.

    She narrated that the bank took all the necessary requirements including her telephone number which was going to be used for subsequent notifications and alerts.

    She added that she found Shs40m on her father’s bank account.

    She divulged that since the day she took over the account, she has never withdrawn any money, but she was surprised to learn that the account had only Shs3m as outstanding balance recently.

    She insists that the bank breached the confidence she entrusted them with and slept on the job thus she wants court to compel them to pay her for the damage they caused.

    “The plaintiff shall aver and contend that the acts and omissions of the defendants (bank) affected the Estate adversely and shall seek general damages of Ug Shs100, 000, 000,” the lawyers stated in their plaint.

    Nabadda added that because of the bank’s actions, she suffered great loss and mental anguish for which she wants court to award her special damages.

    She further wants court to order the bank to return Shs40m that was removed from her bank account without her knowledge.

    However, the bank through their lawyers led by David Mpanga denied all the allegations insisting that they were not aware of the said fraud.

     

    By Sengooba Alirabaki

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    MY MONEY

    Inside Equity Bank, Dei Pharmaceuticals Tycoon Magoola Fresh Legal Fight Over Shs578bn Bailout From M7 Government …

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    Dr. Mathias Magoola (bottom R) is battling Anthony Kituuka's Equity Bank over a loan facility they offered him

    Dr. Mathias Magoola together with his companies Dei Industries International Limited and Dei Biopharma limited formally Dei Natural Products International industries limited has institute a commercial suit in the High Court Commercial Division accuses Equity bank Uganda and Kenya of fraudulently scheming to target the money given to him by President Yoweri Kaguta Museveni’s government to settle his financial troubles and save his companies.

    A few months back, parliament approved Shs578bn to be given to Magoola as bailout to his companies which were facing financial hardships with banks threatening to auction his properties which he used as security.

    However, through his lawyers led by commercial law giant Fred Muwema, Magoola alleges that when the bank got information that government had bailed him out, it started inflating his loan balance of with the mission of taking all the money given to him by government.

    He wants court to declare that the bank’s demand dated 27th June, 2024 both in US dollars and shillings for the payment of the outstanding loan was illegal.

    He explain to court that in 2016, he entered into a banker-customer relationship with equity bank and he applied for and obtained a credit facility of Shs400m to finance the completion of the construction of his factory at Kyadondo Block 82, plot 3228 Kiryamuli.

    He continued obtaining several loans in subsequent years from the same financial institution.

    He notes that all the credit facilities he obtained from equity bank contained a clause which encouraged him to seek independent legal advice in order to understand all the terms and conditions of the loan he was receiving.

    He explains that despite the said clause, the bank officers were overbearing in their advice to him to take the loans as offered owing to the cordial relationship between the parties and thus he took their advice and signed the credit offer letters without consulting external legal lawyers.

    He pins Samuel Kirubi, a manager at equity bank Uganda, Jimmy Mwangagi the Head of Credit, Munywa the Head of Risk, Abel Musiime the Head of Trade and Finance and Edward Ocen the legal officer of the bank for having guided and advised him when signing the loan transaction papers.

    He adds that he was compelled to take the said loans, variation of terms, consolidations and restructures as offered because he was in urgent need of money to finance his capital-intensive projects.

    Magoola accuses the bank officers of placing him in a tight spot with real threats of default foreclosure of his businesses which left him with no option but to accede to the bank’s demands.

    He claims that counsel John Kabandize whose signature was seen on the signed documents as his lawyer was merely a witness to the agreement.

    He explained to court that his companies faced hardship in servicing the loans due to unforeseen circumstances like Covid-19 outbreak and the Russian-Ukraine war which affected wheat imports for one of his companies dealing in import of wheat.

    These hardships forced him to close it three years back.

    He added that the delays in the completion of his medical plant also affected his plans of servicing his loans which resulted into high interest repayments to more than Shs150bn.

    “That the defendants who are in a dominant bargaining position took advantage of the plaintiff’s desperation to engage in predatory lending practice done in violation of his non-delegable fiduciary and statutory duties,” he stated.

    Magoola informed court that he reach out to the bank’s managers pleading with them to be reasonable in their demands.

    He first requested for a waiver of exorbitant loan interests, then he asked to settle the outstanding loan that was at the tune of Shs155,188,727,733.

    When all his prayers were rejected by the bank, which insisted on receiving full payment of the outstanding loan as demanded, he hired a certified public accounting firm to review the credit facilities and loan statements so as to determine the correct outstanding loan.

    The firm issued an initial preliminary report which after full examination of the few loan statements availed, revealed that the banks had inflated the loan outstanding claim by a sum of Shs39,241,743,163.

    He decided to inform the bank in writing.

    Based on the explanation to court, Magoola and his companies prayed to court to issue an order for an account audit and reconciliation of the loan and the current accounts his companies held with the said banks to determine his actual debt, variation of terms, loan consolidations and also restructure it.

    He also wants the court to issue a court order directing the banks to credit the plaintiff’s loan or current accounts with any amount of money found to be unlawfully debited upon the taking of an account, audit and reconciliation.

    He wants court to also direct the bank to refund Shs47,652,951,120 which was unlawfully debited from his loan accounts and also declare that that the interest deducted during moratorium period for credit facilities on account No. 2220578883978 and 2220580311116 amounting to US$4,331,424 was illegal explaining that it denied him cash flow and caused loss and damages to his projects.

    Magoola wants a declaration that the receipt, withholding and transfer of his US$9m loan repayment by equity bank Uganda to equity bank Kenya was an arbitrary act which exposes him to unnecessary penalty interest for which the defendants are liable to refund.

    He insists that during the transfer of his money, they charged him Shs1,045,000,000 as interest which he says was an unlawful. He wants the funds to be returned.

    He notes that the conversion of his US$2.430m credit facility to Shs11.5bn denied him liquidity and resulted in exchange loss to the tune of US$42,750 which the defendants are liable to refund.

    The debiting of Shs80,000,000 as a loan processing fee for variation of terms and loan restructures in the credit facility of Shs16bn was extortionate and unconscionable.

    He further wants the court to declare that the bank’s predatory lending practices resulted in a breach of the bank’s fiduciary and statutory duties owed to him.

    The banks have not yet filed their defense so that the matter can kickoff.

     

    By Sengooba Alirabaki

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