the FINAL court order on Lukwago, and the statements by the minister for Kampala and the attorney general


THIS is the text of the Court Order (not verbatim) issued today:

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THE COURT ORDER (EXTRACTED):

a. An interim injunction doth issue restraining the Minister in charge of Kampala Capital City, his agents and or servants and all persons acting under his authority from acting on the Report of the KCCA Tribunal (2013) Constituted to investigate allegations against the Lord Mayor of Kampala Capital City Authority Pursuant to a Petition of CounciLlors of Kampala Capital City Authority until the final determination of Misc. Cause No. 362 of 2013.

 

b. An interim injunction doth issue restraining the 1st Respondent, the Minister in charge of Kampala Capital City Authority, their agents and or servants, CouncilLors of Kampala Capital City and all persons acting under authority of the 1st Respondent from proceeding with vote for the removal of the Applicant for the office of the Lord Mayor, Kampala Capital City Authority until the final determination of Misc. Causes No 362 of 2013.

 

c. An interim injunction doth issue restraining the 1st Respondent and/or the Minister responsible for Kampala Capital City from convening a meeting of Kampala Capital City Authority to discuss the report of the Tribunal and proceeding with a vote for the removal of the Applicant from the office of Lord Mayor of Kampala Capital City Authority until the final determination of Misc. Cause 362 of 2013.

 

d. An interim injunction doth issue restraining the Minister responsible for Kampala Capital City from convening a meeting of Kampala Capital City Authority to discuss the report of the Tribunal and proceeding with a vote for the removal of the Applicant from the office of Lord Mayor of Kampala Capital City Authority until the final determination of Misc. Cause No. 362 of 2013.

 

e. Costs of this Application be provided for.   

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And THIS is Minister Frank Tumwebaze’s Statement in response, issued a couple of hours later:

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MINISTER’S STATEMENT ON THE CASE OF ERIAS LUKWAGO VERSUS THE ATTORNEY GENERAL AND THE TRIBUNAL INVESTIGATING THE PETITION AGAINST THE LORD MAYOR VIDE MISCELLANEOUS APPLICATION 445 OF 2013.

 

28th November 2013

 

The former Lord Mayor Erias Lukwago filed an application against the Attorney General and the tribunal investigating the petition against the Lord Mayor vide Miscellaneous Application 445 of 2013, seeking interim orders to bar myself, the Authority councillors, agents and any other persons from convening a meeting to deliberate on the Tribunal’s report and not to conduct any further acts pursuant to that report.

 

By this time, I had convened a meeting of the Authority scheduled for the 25th of November at 9.00 a.m. at KCCA Authority chambers. On the said date, the Authority councillors in attendance voted on a resolution to remove the Lord Mayor from office when twenty nine Authority councillors voted in favour of the Lord Mayor`s removal and three voted against. The Lord Mayor ceased to hold office at 9.30 a.m. when the said resolution was passed.

 

Today, I have learnt that the High Court has issued an interim injunction barring myself, the Authority councillors and agents and other persons from convening a meeting to deliberate on the Tribunal’s report and not to conduct any further acts pursuant to that report until the main cause is heard.

 

I have further learnt that the Attorney General drew it to the attention of the Learned Judge both in his letter to the Court on 26th November 2013 and in his statement before the Court today that the impeachment proceedings had been concluded prior to grant and service of the initial interim order. The Learned Judge has instead chosen to proceed and pronounce himself on the second interim order as if these facts had not taken place.

 

The interim injunction has thus been issued on the 28th of November 2013 seeking to stop the meeting that occurred on 25th November 2013. The interim injunction is therefore impossible to implement as we cannot stop a meeting that has already occurred. Infact the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has been accordingly informed.

 

We are not able to implement the order since clearly it has been overtaken by events which the Court was not able to consider in these applications. We have however sought the legal advice of the Attorney General on this matter.

 

 

 

Frank Tumwebaze

MINISTER FOR THE PRESIDENCY AND IN CHARGE OF KAMPALA CAPITAL CITY

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And THIS is the Attorney General’s Statement issued a couple of hours later still:

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ATTORNEY GENERAL’S STATEMENT ON THE CASE OF ERIAS LUKWAGO VERSUS THE ATTORNEY GENERAL AND THE TRIBUNAL INVESTIGATING THE PETITION AGAINST THE LORD MAYOR VIDE MISCELLANEOUS APPLICATION 445 OF 2013. 

 

28th November 2013 

 

 

This afternoon, High Court Justice Yasin Nyanzi granted the former Lord Mayor Mr. Erias Lukwago the following reliefs:- 

 

1. An interim injunction restraining the Minister in charge of Kampala Capital City from acting on the report of the KCCA tribunal. 

 

2. An interim injunction restraining the Attorney General and the Minister in charge of Kampala Capital City and the KCCA Councillors from proceeding with the vote for his removal from office. 

 

3. An interim injunction restraining the Attorney General and/or the Minister for Kampala Capital City from convening a meeting of KCCA to discuss the tribunal report. 

 

4. Costs of the application. 

 

 

The background to this ruling is as follows:- 

 

The former Lord Mayor Erias Lukwago filed an application against the Attorney General and the tribunal investigating the petition against the Lord Mayor vide Miscellaneous Application 445 of 2013, seeking the above interim orders. 

 

By this time, the Minister for Kampala had convened a meeting of the Authority scheduled for the 25th of November at 9.00 a.m. at KCCA Authority chambers. On the said date, the Authority councillors in attendance voted on a resolution to remove the Lord Mayor from office.Twenty nine Authority councillors voted in favour of the Lord Mayor`s removal and three voted against. The Lord Mayor ceased to hold office at 9.30 a.m. when the said resolution was passed by the Authority. 

 

On the same day the Assistant Registrar of the High Court issued an interim order that sought to stop the process of impeachment of The Lord Mayor. Unfortunately, by the time the order was issued and communicated, the process of impeachment had been completed. 

 

This position was communicated in my letter to the Court on 26th November 2013 and in the State Attorney’s address to the Learned Judge before the Court delivered its ruling today. The Court however felt it was better to deal with the application and the facts as they stood when the application was filed on 20th November 2013 ie. as if the meeting in which the Lord Mayor was impeached had not taken place. 

 

The interim injunction has thus been issued today, the 28th of November 2013 seeking to stop the meeting that occurred on 25th November 2013. The interim injunction is therefore impossible to implement as we cannot stop a meeting that has already occurred. Infact the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has accordingly been notified in accordance with the law. 

 

None of the reliefs granted to Mr. Erias Lukwago by the High Court requires his reinstatement to the office of Lord Mayor. The resolution passed by the KCCA councillors removing Mr. Lukwago from the office of The Lord Mayor remains valid. 

 

Much as it is the obligation and desire of this office to implement all orders of Court, the fact that the orders have been issued after the authority meeting has taken place and resolution for removal has been passed, this makes the orders unenforceable. I am however taking steps to have the order discharged by the Courts. 

 

 

 

Hon. Peter Nyombi 

ATTORNEY GENERAL

***

developing uganda one rolex at a time


AWAY from the positive and negative excitement around the Kampala Mayorship, I have always contended that a person equipped with education can become wealthy doing anything – even selling tomatoes, mangoes and entula – if the people who set up roadside tables along upcountry roads selling this stuff make any sort of living.

Say a peasant woman in the village can eke out a living in her mud-and-wattle house, with her children under Universal Primary and Secondary Education, and no worries buying fuel for cars or paying DSTV; if you added just a bit of mathematics, a few history essays, and some knowledge of geography to her equation, she could turn the stall into a thriving chain of two stalls covering both sides of the road.

Photo Credit: http://www.globalhealthlearning.org

That’s theory.

In practice, she sits by the roadside waiting for our convoys to slow down and purchase her wares en route back from weddings, burials and weekend visits, us believing they’re cheaper than we find on Saturday morning market visits to Nakasero, Nakawa, Kalerwe or even supermarket vegetable stands. Our education doesn’t seem to stretch enough to make us calculate the cost of driving our vehicles 200 kilometres down the road for a day, with two people per vehicle, vis-a-vis the saving we make buying these tomatoes, entula and mangoes.

It’s as confounding as a Ushs36billion parking lot for 300 people. Sorry – this is an unfair juxtaposition of conundrums; also because the parking lot one is QED if you consider that it caters for staff of the House as well as the MPs – and maybe visitors, too, so it’s not as ridiculous as it first sounds (but is still quite ridiculous). 

While the Ushs36billion angst was growing this week, I bumped into the Rolex for three days straight.

Day One: an unnamed but highly placed government official confessed her puzzlement to me over the Rolex, having never eaten one. She knew about the general excitement around the things, the recipe involved, and their ubiquity in Kampala and beyond. She even knew that anyone’s political survival in the city is linked to their not disrupting, or being seen to disrupt any element of the Rolex business.

“I don’t think they will start riots now…” part of our discussion went, but we were wrong – even though I later realised that the running battles between the rioters and police were not in Rolex-heavy locations.

Day Two: I came across a fellow  promoting The Sound Cup, a new eatery run by musician Maurice Kirya (disclaimer: he is my cousin, Maurice is, but that’s not why this is here), and in particular it’s Rolex edition.

As far as this chap was concerned, this is the first upmarket place in Kampala with the Rolex. It is not – I’ve met them at Endiro Coffee, the Sheraton, the Hub at Nakumatt, and some other place – but Maurice reportedly adds panache (no pun, surprisingly, as the other one is spelt with a ‘k’!) to it, as to everything else. He talks it up like it is a romantic tryst you don’t want people to know about yet that feels so good you can’t help but take it public. He has a theory about how a Rolex is eaten: not with knife and fork, but with bare hands; looking it straight in the eye with an intimacy only a Ugandan dish can share with its devourer, giving up large, moist, decisive bites at a time.

Day Three: Over lunch with banker Mark Bitarabeho, he had me speechless with his tales of poultry farming and its successes and potential. I’ve heard many people tell me about this poultry business and how it has flared up in recent years, and this week I put a finger on it.

Mark told me about a mutual acquaintance who works in a telecom firm who drops off about 100 trays of eggs every morning by 7:00am to a different customer each day on her way to work.

They all pay her hard cash and she goes about her day with about Ushs700,000 in her handbag. Every day. And those customers want 300 trays a day!

Then I remembered seeing a number of Noah’s and other ordinary vehicles clogged up with eggs in the morning traffic, being driven by city-employee type people.

Image
Photo Credit: http://www.greatbigscaryworld.com

Where do those eggs go? 

Rolex.

And why did the price of eggs go up?

Again – Rolex.

But that’s not all.

Have you noticed the boiled eggs? No? People walking around with plastic tubs or baskets full of eggs and a small canister of salt? Each egg is Ushs500 – which immediately makes a tray Ushs15,000 – more than 100% profit!

And there are more people selling boiled eggs in Kampala than there are Rolex stands.

(Pause for thought here – especially if you are with the Private Sector Foundation of Uganda, Enterprise Uganda, the Ministry of Agriculture, the Ministry of Finance and Economic Planning, Kampala Capital City Authority, the Uganda Revenue Authority, the Uganda Investment Authority, the Uganda National Farmers Federation…ah! the Republic of Uganda!)

The people making money from the Rolex and the boiled egg include the Rolex seller, the likes of Maurice Kirya and Endiro, the flour and cooking oil suppliers, the manufacturers of the flat Rolex frying pans and sigiris, the charcoal sellers, the corporate people hatching eggs in their compounds, and the chicken suppliers like Biyinzika, et al.

But the senior government official above and some more like her don’t spend their money on Rolex – they eat at Fang Fang, the Serena and…I don’t know where else;  

that’s why Ushs36billion doesn’t get spent on getting more eggs rolled out onto the market (pun on Roll-eggs?) and maybe into Rwanda, Congo and Southern Sudan…and money is not put into branding the Rolex concept and sell franchises into those territories and beyond (was there a Rolex stand at the UNAA Convention?)

It all sounds so simple that it seemed to me that if a political party were set up with a manifesto that involved getting more people to eat more eggs, it would quickly mop up both massive support and funding; and using the benefit of education, spend more on hatcheries and better chicken rearing methods than on parking lots, and less time mobilising rioters and more mobilising chickens.

And it would work on developing Uganda one rolex at a time.

dismay is reading newspapers without warning aka “fwaaaaa”.


DISMAY, according to my Apple dictionary, is: “concern and distress caused by something unexpected”.

I got to Page 12 of today’s The New Vision at 2100hrs/9:00pm and that’s the word that came to mind to describe what I felt.

Of course, I have more than my fair share of lugezi-gezi, which I confirmed by asking a couple of people whether they had read the papers today. They had, much earlier in the day, and had moved on with life.

I couldn’t.
***
The first box story on Page Two titled ‘Govt to set up productivity centre’ was accompanied by a photo of Minister of State for Labour, Mwesigwa Rukutana, who said the poor mindset of Ugandans coupled with the poor education system has led to low productivity.

Therefore, the government is to set up a productivity training centre for people intending to be employed in the public service so as to boost the country’s productivity, economic growth and gross domestic product.

What does this mean? NO, SERIOUSLY? 

I went to the website, as advised at the end of the clip, to see if there was a more elaborate story about this productivity centre there but found none.

So I googled the headline and the first entry was a story from The Standard of 2002!

‘Kenya: Govt To Set Up Productivity Centre’:
31 January 2002
Plans are under way to establish a National Productivity Centre in Kenya, Minister for Labour, Mr Joseph Ngutu, said yesterday.
Ngutu said the proposed centre aims at spearheading a productivity movement and ensure there is a paradigm shift to performance management…”

***
Lower down on the page was another small story titled, ’Nandujja wows House’ that referred to Annet Nandujja as a “crooner”, which title I grew up associating with the likes of Freddie Jackson, Luther Vandross and Keith Washington.

It irritated me to read and I just had to check a couple of dictionaries, all of which converged on the decisive definition of a “crooner” as “male”, “soft”, “sentimental”, “low voice”.

I turned the page and tried to forget.
***
Only to land on Page 5’s ‘Besigye, Lukwago arrested in Kampala’ which carried the memorable: “Besigye reportedly arrived in Kisekka disguised as a passenger in a taxi.”

In short, he got there in a taxi.

Is there a costume or something worn by a passenger in a taxi?

Do they have a certain look about them? A smell? A posture, perhaps, by which they are widely recognised and can camouflage themselves to evade detection?

Is the act of entering into a taxi itself the complete disguise?

Yes.

Now disguise yourself as a reader and move on:
*** 
To the other end of the same page where the snippet ‘Youth want MPs support on health’ irritated me more than the thought of Nandujja crooning.

“A group of youth health activists want MPs to join them in a campaign dubbed” ‘A clean Uganda’…the leader of the activists, Hannington Kato, said the campaign…needs financial and moral support from MPs…”

This is the idiotic dependency syndrome that is being cultivated amongst Uganda’s youths and that somebody must put a stop to soon.

Unfortunately, it won’t be the MPs because they put everything on the bill that taxpayers have to pay – including their iPads – and you try getting them to email you back or read this blog and make a comment off their (my) iPad.

The youth health activists asking for financial support to do some cleaning, though, might have been prompted by reports that the MPs had just received a Ushs36billion parking lot and were now asking for Ushs16billion security system for it.

Like I said, another story for another day. (And I got back to politicians and the youth a few pages on.)
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First, though, the Page Six report of Buganda Katikkiro Charles Peter Mayiga’s fundraising visit to Parliament: “After the motion was moved by Mityana North MP Godfrey Kiwanda and seconded by Betty Nambooze (Mukono), MPs wondered why it had taken the Government so long to release the report (on the Kasubi Tombs fire).”

Which MPs wondered?

Just last week the Parliamentary Committees themselves presented reports to plenary that were two years late – such as the Ad Hoc Committee report on Oil & Gas considering allegations of bribery and the Ad Hoc Committee report on Energy.

In a Monitor story on the delayed Report on Oil & Gas, the Committee Chairman Michael Werikhe is quoted as saying: “Our investigations were issued based and the report is going to be strong and issue based. Let people sit back and wait…”
We did, and there was a story last week saying the allegations were found to be false and baseless.

Finished.

Strong and issue-based.

I can almost hear him saying, “Yah!”

As for the Ad Hoc report on Oil & Gas, it’s main thrust was to sort out the high energy bill presented by the thermal fuel power generators. One of the companies stopped supplying Uganda with electricity and left the country in June last year (Aggreko), the other two haven’t supplied electricity in 2013, and…ah!

***

Two Pages later, the story ‘CAOs, town clerks warned over budgets’ promises that “Chief Administrative officers and town clerks have been directed to submit budget framework papers by November 30 or be fired. The directive was given by the acting permanent secretary in the Ministry of Local Government, Patrick Mutabwire.”

I dare any newspaper to report on this come December 1, 2013.

Even The New Vision.
***
Page 10: Back to the youth issue, with ’Stop politicking, youth told’.

“Minister of Lands, Housing and Urban Development Daudi Migereko has asked the youth to stop wasting most of their time politicking but invest such time in productive activities.”

I personally disagree with the call for them to stop politicking, and prefer instead that they be told what type of politics to engage in – and certainly not the type most of the people older than them seem to be wasting time doing.

But in the last paragraph the fundamental problem with our approach to the youth presents itself, after the story tells us that Migereko pledged Ushs2m and MP Vincent Bagiire promised Ushs1m to the group: “The chairperson of the Jinja Development Group, Asuman Kambo, explained that they started in 2010 with 50 chairs and one tent, which they hire out to event organisers, but they have now grown to 500 chairs and 10 tents.”

THIS is what the youth do – stuff like boda-boda, hiring out tents and chairs. NOT assembling boda-bodas, making tents and chairs or any wealth creation, and not using loans that they must work hard to pay back.

Perhaps they should attend Rukutana’s Productivity Centre?
*** 
On Page 11, the story ‘Dokolo farmers use beehives as coffins’ finally appeared (advertised on Page 1, so I had been waiting for obvious reasons because I have always known bees to be quite small…beehives, too).

“Five years ago, the Ministry of Trade and Industry trained 250 people in beekeeping to boost honey production in Dokolo district…following the training, each participant was given a beehive and the minister (Fr. Simon Lokodo) promised to establish a honey factory in the district if production shot up…”

But then recently, according to Cecilia Atim Ogwal, Dokolo Woman MP, “some residents have used the beehives to bury their dead children, while others split them for firewood.”

Julius Okello, a resident of Atwako village in Okwongodul sub-county, added: “some people use the top iron-sheets of remaking doors and preparing brick-making boxes.”

!!!! #smh #eish!

So maybe the training and intervention should have been in support of brick-making?

Maybe they lost the plot because the honey factory wasn’t established?

No, because Dr. Richard Enyang, the district production officer, “said the production of honey in Dokolo district has gone up due to the many farmers’ groups formed under the programme”.

So perhaps the journalist should be asking Fr .Simon Lokodo whither the factory…

Meanwhile, “Robert Okodia, a farmer and honey dealer, attributed the misuse to ignorance…”

Even after training was conducted?!

I believe the problem is that the beehives were given to them free of charge instead of as a loan secured by the threat of serious personal loss, but again I just have lugezi-gezi.

In the long run of the story, “In Dokolo…the biting poverty has prompted the government and other humanitarian agencies to devise several intervention measures…”

Another thing I disagree with, because it interferes with Darwinism and natural selection.
***
Below this story was ‘Dr. Obote College picks science prize’ claiming that the College “has received 20 computers after it won this year’s Science and Innovation Challenge…and beat seven traditional giants to win the contest.”

How did they do so? No information. What did they create? No information. Okay, what was the innovation challenge they met? No information.

The rest of the story lists the seven traditional giants in full, names the contest organiser and the sponsors.

Like the beekeepers, you learn nothing.
***
On Page 12 I gave up after reading ‘MP Cadet advises farmers’ which thankfully was a brief stating in full: “Bunyaruguru Member of Parliament Cadet Benjamin has urged the people of Rubirizi district to engage in commercial farming as one way of eliminating poverty from their homes and improve on their living conditions.

“Poverty and hunger can be eliminated if all people practiced commercial farming for both food and cash crops because this area is suitable for coffee growing,” said Cadet.”

Besides the fact that he was stating the obvious, why is this news? Why do MPs get to gather people in places to listen to such statements?

I can’t be bothered to go and check the Hansard to confirm whether he contributed to discussions on Genetically Modified seeds, biotechnology and other agricultural development debates; or to hear whether he pushed for government expenditure to be re-prioritised to support commercial farming – like asking for Ushs36billion to be re-allocated from a parking lot to tractors for every district or something.

But this is the first time I have heard his name so…fat chance.
*** 
In my dismay I really wish we could leave a lot more to natural selection rather than MPs and productivity centres.

the chimpanzee and the politician


Image

 

 

THE leading story last Sunday about the death of Mika, ‘King’ of the Ngamba Island chimpanzees, and an ensuing power struggle within the chimp community came with two coincidences: first, the story was interestingly placed right under another about power struggles within the FDC and; second, I happened to be spending the weekend with chimpanzees in Kibale and had decided that all Ugandan politicians must go tracking chimpanzees as soon as possible.

The first coincidence is obvious enough without my having to risk being accused of insulting an entire political party in Uganda. The second coincidence had me tracking chimpanzees on Saturday morning for three and a half invigorating hours during which the analogy was formed solid.

Chimpanzees are our closest relatives, and bear many characteristics that are uncannily similar to those of human beings. But they are wild animals, and can be extremely violent and vicious – another similarity.

Our Wildlife Authority Ranger Guide, a friendly, well-spoken fellow called Gerald, regaled us with stories about the chimps (the one above is Magezi, the head of the community of chimps that I visited) and their peculiarities, affirming my thoughts about chimps and politics.

Chimpanzees are like bad politicians. People who track chimpanzees are like good politicians:

1. Like bad politicians, chimpanzees are hard to see unless habituated over time. Habituation meaning being forced to get used to human beings following them around, by those humans following them around, just like we do politicians. 2. They tend to climb high up into lofty trees and stay there out of reach of humans. People find themselves standing at a distance pointing at the bad politician saying, “He is there!” rather than interacting openly with them. 3. They screech rudely and shout a lot, unintelligibly to us. 4. They swing about from one position or issue to another almost aimlessly – like a chimp from branch to branch. 5. They also sit about for long periods scratching themselves, yawning and eating. 6. And on the ground, they shuffle past you with barely an acknowledgement and don’t give a care about what you might want or need.

People tracking chimpanzees, on the other hand, are what good politicians should be – and this is why I want to suggest that they all go to Kibale and Ngamba. The rules of tracking alone are a lesson that would be invaluable to them: 

1. You have to walk silently through the forest, without crashing through the bushes, otherwise you could scare them off – the way some politicians scare their voters off. 2. Also, you have to be silent so that you hear the chimps from afar and head in the right direction – obvious link. 3. You must be patient – you could walk for hours before coming across the chimps, just so in politics – perseverance is key in getting places.

Then the leaders would pick up on: 4. You have to walk single file, following one another, so there is always someone in front of you – just so in politics, because there is always someone who went before you whether you are President, King, MP or Chairman, and it’s important that you acknowledge them. 5. There is no need to overtake the person ahead since you all have the same objective, unless you are selfish – in politics, the objective is taking Uganda forward, and you should all move together towards it. 6. You have to follow the person ahead of you carefully, because when they stumble, you learn not to, and when they step surely, that’s what you do – obvious lesson. 7. The person walking ahead of you pushes branches and twigs that may whip back and lash you in the face if you are following too closely – keep a safe, sensible distance to avoid this, and don’t be a sycophant walking blindly.

The list goes on: 8. There should be a guy with a gun, as our Ranger Guide had, not to help find the objective, but in case of trouble – again, obvious. 9. And if you’re in the lead, always look back to make sure there are people following behind you, and if they’ve gone, find out when and why so you all get back on track.

The list is really long – but go tracking chimpanzees for the rest of it; the fee is payable to the tourism industry by way of hotel accommodation, food and tracking permits.