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Paul Ssemogerere Was A Democrat And Human Rights Advocate-Parliament

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Parliament on Thursday paid tribute to veteran politician, the late Dr. Paul Kawanga Ssemogerere. He died on Friday at home in Lubaga and was laid to rest on Monday at his ancestral home in Nkumba, Wakiso District.

During a debate on a motion moved by Prime Minister Robinah Nabbanja, Members of Parliament eulogized the late Ssemogerere for his steadfast loyalty to the country, advocacy for equity, respect for rule of law, and human rights, among other qualities.

Ssemogerere, contested twice for the presidency, in 1980 and in 1996, losing both to Dr. Apollo Milton Obote and Yoweri Kaguta Museveni respectively. After a decade of service, he retired from active politics in 2005 but remained a senior figure in the opposition until his death.

He led the Democratic Party- DP for 25 years after replacing Benedicto Kiwanuka who was murdered in 1972. Dr. Ssemogerere handed over the party leadership to the late John Ssebana Kizito 2005, the former Kampala City Mayor.

Dr. Ssemogerere served as a Member of the Uganda Legislative Council between 1961 to 1962 and a Member of Parliament for North Mengo Constituency in the first Parliament of Uganda.

During the tributes, his portrait was displayed on the screens inside the parliament chambers.

Nabbanja, said that the late Ssemogerere was a particularly dedicated and dignified leader who immeasurably participated and contributed to shaping the pre and post-independence democratic governance and political leadership of Uganda.

She further described the late Ssemogerere as a firm advocate and promoter of democracy and one of those who contributed to constitutionalism in Uganda.

Nabbanja asked parliament to appreciate the service that Dr. Paul Kawanga Ssemogerere rendered to the Democratic Party and the people of Uganda and pass a resolution in his honor.

While seconding the motion, Medard Lubega Sseggona, the acting Leader of the Opposition recommended that the resolution moved by Nabbanja is amended to urge the government to name a befitting prime road in the memory and appreciation of the late Ssemogerere.

The Busiro East MP said that the death of Ssemogerere crowns 90 years of a solid character of loyalty to the country, a high level of integrity, a brilliant record of service to the public, a deep sense of nationalism, unshakeable faith in God, and unquestionable commitment to the motherland.

“His commitment to his country was critically underpinned by the understanding that beyond all manner of thought and idea, Uganda is bigger than any one individual or any institution. I recall with fondness that in 1993 he chaired the committee for the coronation of His Majesty Ronald Muwenda Mutebi II, for which he was awarded a medal,” said Sseggona.

He told parliament that Ssemogerere was saddened at the increasing number of abductions and political intolerance in the country by state operatives, the growing authoritarianism and the country’s weak institutions, the assault on constitutionalism and rule of law, the uncertainty arising out of the debate on political succession, economic stagnation and the youth growth without assurance of a stable future.

Sseggona said that this is a far cry from Uganda the late Ssemogerere tirelessly worked for and applied himself for all his adult life.

“If any in his memory and honor, this is a renewed call for deliberate sacrifice on our part to deliver reforms to the electoral landscape and validate the legitimacy of the aspirations of our people to decide how they are led. To deliver equitable opportunity and services across the nation,” Sseggona appealed.

Nabbanja said that government will consider a proposal to name a road after the late Ssemogerere.

Cecilia Ogwal, Dokolo Woman MP said that she knew the late Ssemogerere as a Democratic Party member, a catholic Christian, a democrat, and an activist in the restoration of the country.

Ogwal appealed to the government not to wait for people like Ssemogerere to die for it to give them a glorious send-off.

James Baba Boliba, the Koboko County MP said that when Dr. Ssemogerere was a Minister of Foreign Affairs for a decade, he gave protection to Foreign Service officers.

“As a foreign service officer it is a very competitive job and when you join it, you hope to rise to the ambassadorial level from grade six to grade one. Dr. Ssemogerere as Minister protected this, so officers like me rose to become ambassadors and head missions. Now these aspirations of foreign service officers are almost dashed,” said Baba.

The former State Minister for Internal Affairs appealed to the government and the President to look into the issue of foreign officers being reduced to working in headquarters, as secretaries, and in other positions.

Richard Lumu, the Mityana South MP said that the late Ssemogerere was very incorruptible while Fortunate Rose Nantongo, the Kyotera Woman MP said that the veteran politician mentored youth.

Jimmy Akena, Lira East Division said that the last conversation he had with the late Ssemogerere was on the 1996 elections and he was questioning whether his father, former President Milton Obote totally supported his bid for the presidency.

“I assured him that the struggle for multi-party politics was forefront and it was clear that we don’t have to agree on everything but so long as the common ideal for a better Uganda is before us, we can work with anyone in whatever circumstance,” said Akena.

Akena, the Uganda People’s Congress (UPC) President said that they are sure that his party won the 1980 presidential election fair and square and that contrary statements are just hearsay.

Deputy Speaker, Thomas Tayebwa appealed to MPs to emulate the late Ssemogerere’s efforts toward peace and reconciliation. He directed the Clerk to Parliament to extract the resolution made by parliament and avail it too the late Ssemogerere’s family.

IPOD Council Eulogises Dr. Kawanga Ssemogerere

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Members of the Interparty Organisation for Dialogue-IPOD Council on Wednesday visited the Democratic Party-DP headquarters along Balintuma Road in Mengo Kampala to eulogise the late Dr. Paul Kawanga Ssemogerere.

Dr. Ssemogerere died last week at his home in Lubaga and was accorded a state funeral at his home in Nattale, Nkumba Wakiso District. Since his passing and sendoff, messages of mourning have continued to come in to both his family and the Party he led as President General for 25 years.

On Wednesday, the council which comprises of Secretary Generals of member political parties of IPOD which are, the National Resistance Movement -NRM, Uganda People’s Congress-UPC, Justice Forum Party-JEEMA, People’s Progressive Party-PPP, and the host, DP eulogized the late Ssemogerere, describing him as an icon of dialogue and peace in this country.

The DP Secretary General, Dr. Gerard Blacks Siranda says that while they are saddened by his passing, they are equally celebrating a life of a man who loved unity, dialogue and engagement even with people with whom he held personal grievances.

He says, Ssemogerere believed in unity and diversity, multiparty dispensations and the general unity of the Country. Dr. Siranda says that IPOD stands for the values that Ssemogerere espoused, putting Uganda first amidst all challenges.

The IPOD Council was led by the NRM Secretary General, who is the council chairman Richard Todwong and he too had only praises for the late Dr. Ssemogerere. He says he learnt of Ssemogerere when he was still a young boy and was mesmerized by the attributes he learnt that the late exhibited in his life as a Christian and a politician.

Todwong says that Ssemogerere exhibited high level of humility during his political career referring to the 1980 elections won by Dr. Milton Obote. Ssemogerere is said to have won the highly contested elections but his victory rigged by the Obote government. He chose to let go although there were views that he would go to court or even resort to a rebellion to rescue his victory.

He says that it takes a man of high humility and a big heart to choose peace and unity of his country at a time when his victory is snatched from him. He recognized Ssemogerere for the contribution he made in the leadership of this country and in grooming young people especially through the DP.

Todwong who also used the opportunity to praise DP for entering into a Cooperation Agreement with the NRM said that the country is currently divided on petty issues and losing focus on the bigger picture of globalization where countries are recognized by what they have to offer to the world.

He says that as politicians mourn the passing of Dr. Ssemogerere, they should reflect on his legacy and weight their actions to see if they have strong faith as he did, keep strong no matter the tough times and commitment to unity for the sake of the country.

The JEEMA Secretary General Muhammad Kateregga also delivered their condolences and hailed Ssemogerere for his relentless service to the growth and development of the political dispensation of the country.

Other Secretaries General who visited DP headquarters were Fred Ebil of the UPC and David Alira of the PPP. The IPOD Executive Secretary Frank Rusa was also part of the team.

According to the DP, they shall be in mourning and continue welcoming mourners to their offices up to close of next week.

Parliament Observes Moment of Silence in Honor of Dr. Ssemogerere

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Parliament has observed a minute of silence to honor the late Dr. Paul Kawanga Ssemogerere, the former president General of the Democratic party-DP. The veteran opposition politician died on Friday last week at the age of 90 years and was laid to rest at Nattale- Nkumba, in Entebbe on Monday afternoon.

Ssemogerere contested for the presidency in 1980 and in 1996, losing to Dr. Apollo Milton Obote and Yoweri Kaguta Museveni respectively. After a decades of service, he retired from active politics in 2005 but remained a senior figure in the opposition until his death. He led the Democratic Party- DP for 25 years after replacing Benedicto Kiwanuka who was murdered in 1972.

Dr. Ssemogerere handed over the party leadership to the late John Ssebana Kizito 2005, the former Kampala City Mayor. Dr. Ssemogerere served as a Member of the Uganda Legislative Council between 1961 to 1962 and a Member of Parliament for North Mengo Constituency in the first Parliament of Uganda. After the 1980 elections whose results were contested, he opposed the use of violence to change political leadership and settled as Leader of the Opposition in Parliament during the tumultuous years of the second Obote administration between 1981 and 1985.

Ssemogerere emerged as the senior government negotiator during the 1985 peace talks in Nairobi, Kenya, which kicked off immediately after the army overthrew Obote’s government. In 1986 he joined the new government headed by President Museveni and served as Internal Affairs Minister, Foreign Affairs Minister, and Deputy Prime Minister among others. He resigned from his cabinet position in 1995 to challenge Museveni in the 1996 elections.

As MPs convened for the plenary Tuesday afternoon, the Speaker of Parliament, Anita Among formally communicated the demise of the veteran politician, describing him as a distinguished leader with an illustrious political and leadership career.

“The return of multi-party democracy in 2000 is attributed to the consistent advocacy by Dr. Paul Ssemogerere, among other national leaders. The country will dearly miss Dr. Ssemogerere,” said Among. The Speaker urged the Leader of Government Business in parliament and the Leader of the Opposition to consider moving a bi-partisan motion for the House to pay tribute for the distinguished service that the late Ssemogerere offered to the country.

Following her communication, Dr. Abed Bwanika, the Kimaanya-Kabonera Division MP, said that they look forward to a motion for all MPs to pay tribute to Ssemogerere whom he described as a wonderful man. The former presidential candidate also said that the late Ssemogerere was an outstanding gentleman who made a huge contribution to Uganda.

Joseph Ssewungu, the Kalungu West MP, asked the government to urgently present a Bill providing for official and State burials to avoid disagreements whenever a leader in the country dies.

“This House has in the past had a lot of challenges on the determination of those supposed to get official burials and in the previous parliament, former Attorney General Peter Nyombi was brought here to lay in State. But previous parliaments have been seeking a law that governors on who should be given official or State burial,” said Ssewungu. He added that the issue of the 17-gun salute at the late Ssemogerere’s burial created an ugly scene after the widow challenged the government’s gesture. Sewungu said that with a law in place, such issues can never arise.

In his response, Government Chief Whip, Dennis Hamson Obua, said that the Ministry of Public Service was granted the mandate to work on a paper highlighting the personalities entitled to a state, official, or any other form of burial. He said that in the absence of the guiding principle, President Yoweri Museveni offered Dr. Ssemogerere an official burial on behalf of the government

Obua also undertook to present a motion to parliament on Thursday in honor of the late Dr. Paul Kawanga Ssemogerere.

Parliament Observes Moment of Silence in Honor of Dr. Ssemogerere

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Parliament has observed a minute of silence to honor the late Dr. Paul Kawanga Ssemogerere, the former president General of the Democratic party-DP. The veteran opposition politician died on Friday last week at the age of 90 years and was laid to rest at Nattale- Nkumba, in Entebbe on Monday afternoon.

Ssemogerere contested for the presidency in 1980 and in 1996, losing to Dr. Apollo Milton Obote and Yoweri Kaguta Museveni respectively. After a decades of service, he retired from active politics in 2005 but remained a senior figure in the opposition until his death. He led the Democratic Party- DP for 25 years after replacing Benedicto Kiwanuka who was murdered in 1972.

Dr. Ssemogerere handed over the party leadership to the late John Ssebana Kizito 2005, the former Kampala City Mayor. Dr. Ssemogerere served as a Member of the Uganda Legislative Council between 1961 to 1962 and a Member of Parliament for North Mengo Constituency in the first Parliament of Uganda. After the 1980 elections whose results were contested, he opposed the use of violence to change political leadership and settled as Leader of the Opposition in Parliament during the tumultuous years of the second Obote administration between 1981 and 1985.

Ssemogerere emerged as the senior government negotiator during the 1985 peace talks in Nairobi, Kenya, which kicked off immediately after the army overthrew Obote’s government. In 1986 he joined the new government headed by President Museveni and served as Internal Affairs Minister, Foreign Affairs Minister, and Deputy Prime Minister among others. He resigned from his cabinet position in 1995 to challenge Museveni in the 1996 elections.

As MPs convened for the plenary Tuesday afternoon, the Speaker of Parliament, Anita Among formally communicated the demise of the veteran politician, describing him as a distinguished leader with an illustrious political and leadership career.

“The return of multi-party democracy in 2000 is attributed to the consistent advocacy by Dr. Paul Ssemogerere, among other national leaders. The country will dearly miss Dr. Ssemogerere,” said Among. The Speaker urged the Leader of Government Business in parliament and the Leader of the Opposition to consider moving a bi-partisan motion for the House to pay tribute for the distinguished service that the late Ssemogerere offered to the country.

Following her communication, Dr. Abed Bwanika, the Kimaanya-Kabonera Division MP, said that they look forward to a motion for all MPs to pay tribute to Ssemogerere whom he described as a wonderful man. The former presidential candidate also said that the late Ssemogerere was an outstanding gentleman who made a huge contribution to Uganda.

Joseph Ssewungu, the Kalungu West MP, asked the government to urgently present a Bill providing for official and State burials to avoid disagreements whenever a leader in the country dies.

“This House has in the past had a lot of challenges on the determination of those supposed to get official burials and in the previous parliament, former Attorney General Peter Nyombi was brought here to lay in State. But previous parliaments have been seeking a law that governors on who should be given official or State burial,” said Ssewungu. He added that the issue of the 17-gun salute at the late Ssemogerere’s burial created an ugly scene after the widow challenged the government’s gesture. Sewungu said that with a law in place, such issues can never arise.

In his response, Government Chief Whip, Dennis Hamson Obua, said that the Ministry of Public Service was granted the mandate to work on a paper highlighting the personalities entitled to a state, official, or any other form of burial. He said that in the absence of the guiding principle, President Yoweri Museveni offered Dr. Ssemogerere an official burial on behalf of the government

Obua also undertook to present a motion to parliament on Thursday in honor of the late Dr. Paul Kawanga Ssemogerere.

Hope for Wildlife Tourism as Peace Gradually Returns to Karamoja

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The Uganda Wildlife Authority (UWA) has announced the revival of tourism activities in Karamoja region following the gradual return of peace. In 2019, the insecurity escalated in the region affecting several businesses.

Tourism was one of the most affected sectors since a number of tourists were unable to visit the region because of fear for their lives. But with the ongoing cordon and search operations that led to the recovery of over 600 illegal guns from the hands of cattle raiders, peace is gradually returning to the region.

Edyau Echodu, the in charge of Bokora– Matheniko game reserve told URN that the insecurity greatly affected the development of the wildlife and tourism sector as many tourists could no longer visit the region.

He, however, says that with the little peace realized, they have started receiving visitors from within and outside the country who come to visit wildlife. Edyau said that at least they are receiving about three to four visitors per week who come to book a tour of the conservation areas.

‘’We have many animal species which include lions, spotted hyenas, giraffes as well as over 480 bird species, for example, Karamoja Apalis, this bird is only found in Karamoja,’’ Edyau said. He called upon the local communities to ensure that they maintain peace so as to boost the tourism industry which can raise more revenues for the region.

Herbart Byaruhanga, the president of the Uganda Tourism Association, says the increase in the number of tourists visiting Karamoja region will increase revenue and create jobs for the locals. He said the Karamojong youth should now focus on the activities that will earn them money rather than thinking of cattle raids that put their lives at risk.

In 2021, the European Union head of mission identified Karamoja as one of Uganda’s most promising tourism destinations. The region has a variety of wildlife, landscape, and cultural tourism, which attracts tourists who contribute to local economic development.

Biden Invites Museveni for 2nd US-Africa Summit

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Joe Biden

About 45 African Heads of State, including Uganda’s President Yoweri Kaguta Museveni have bee invited by US President Joseph Biden to attend the second US-Africa Leaders’ Summit which is slated for December 13-15 2022 in Washington, DC USA.

The 49 African leaders, and the African Union Commission chairperson, Mr Moussa Faki Mahamat were all given invitations.

However, African countries where the military seized power through coups have not been invited to attend the summit. These include Mali, Sudan and Burkina Faso which were not invited by President Biden.

The agenda for the second US-Africa summit, US State Department officials will focus on peace and security, climate change and food security on the continent.

“We expect some of the outcomes to be deepening and expanding reflection of our long- term US-Africa partnership while we advance our shared priorities to amplify African voices,” said Mr Robert Scott, the Deputy Assistant Secretary of State for African Affairs.

The three-day summit is a follow-up of the first summit in August 2014 convened under the President Barack Obama administration.

Mr. Scott added that the summit is geared at re-calibrating US-Africa relations under the prevailing geo-political conditions.

“We are looking at complementing our relationship. The world we are living in now is different from 2014,” he noted.

The first-day of the summit will include back-to-back forums for different themes from African-diaspora, peace and security, and governance, among others. Day two is scheduled for the US-African business forum to explore investment opportunities on the continent.

Ms Dana Banks, the National Security Council senior adviser for the summit, said they have also invited civil society actors, youth groups and youth leaders, in the back-to-back forums.

Earlier on in March, the chairperson of the US Senate Committee on Foreign Relations, Mr Robert Menendez, and petitioned Mr Biden to lock Mr Museveni out of the meeting on account of the Kampala regime’s deteriorating human rights record.

However, visiting US Permanent Representative to the UN Linda Thomas-Greenfield revealed in May that they engage with all leaders with whom they differ in opinions.

The United States gives Uganda nearly $1 billion dollars each year, mainly for health and security support.

UBC to Broadcast 2022 World Cup Matches

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The UBC Live World Cup

The National Broadcaster, Uganda Broadcasting Corporation (UBC), has announced that it will be broadcasting nearly all of the games of the forthcoming 2022 FIFA Qatar World Cup. The games will be on UBC main channel and UBS Star TV.

The development was confirmed by Dr. Chris Baryomunsi, cabinet Minister for ICT and National Guidance while addressing journalists at the Uganda Media center in Kampala today.

The forthcoming FIFA World Cup Qatar 2022 is soon starting from 20th, November to 18 December 2022. There are 32 teams that will be competing for the world’s biggest tournament which is currently hold by France the defending champions of 2018.

William Odochi, the UBC Marketing manager in an exclusive interview with URN, said their right to broadcast only allows then 28 games out of 64 games the sum up of all games to be played in the all-tournament.

“The number of games that have been given under the free-to-air business structure is twenty-eight games. We are basically running what has been given to us”, he said.

But Odoch made it clear that among the 28 games, they will have games at all stages including a few games from the preliminary round (group stages) matches in the round of sixteen, quarter-final, semi-final, and the final.

According to Min .Dr Chris Baryomunsi Government has so far released sh.1.56 billion to facilitate this year’s World Cup coverage by UBC.

UBC will broadcast at least eighteen games out of the forty-eight games, four games out of the eight games on the round of sixteen, 2 games out of the 4 games on the semi-final, and the final game.

According to Odochi the national broadcasters have used nearly 1.6 billion. “The government released 1.56 billion towards these games, which covers the rights, administrative costs, that’s the money the government released for this.”

The organizers selected all the games that UBS will broadcast, there is no way you can decide which games you want to watch depending on the amount of money we paid,” he said.

These include the opening match between hosts Qatar and Ecuador, Senegal against Netherlands that will be played the following day, and Group D between France and Australia among other games. They will broadcast at least one game across all group stages every day.

Dr. Paul Kawanga Ssemogerere Dies at 90

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Dr. Paul Kawanga Ssemogerere, the Democratic Party‘s former President has died aged 90.

A close family member has confirmed that Dr. Ssemogerere who twice contested for Presidency and led DP for over 25 years died early Friday at his home in Rubaga.

Dr. Paul was born on 11th February 1932, at Bumangi, Buggala Island, in the Ssese and he was baptized on 18th February of the same year. He has been a Ugandan politician and was the leader of the Democratic Party for 25 years.

In the 1980 Elections, he was the main contender in the sharm elections which Obote won. He has been one of the main players in Ugandan politics until his retirement in 2005

The Place for Mediation in Resolving Disputes in the Construction Industry in Uganda

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I was privileged to attend the first mediation conference hosted by the Chartered Institute of Arbitrators’ Kenya Branch on 28th October 2022 in Nairobi with the theme “Coming of Age for Mediation: An encounter from Africa”. Notable amongst the speakers was Jane Gunn, the President of the Chartered Institute of Arbitrators (UK), Owek. Chris Bwanika, the Attorney General of Buganda Kingdom, Dr. Kariuki Muigua, the Alternative Dispute Resolution (ADR) practitioner of the year 2022, and Retired Lady Justice Joyce Aluoch.

The different speakers noted that conflict is culture specific and that conflict management in African culture was aimed at promoting peace, harmony, and unity in what is commonly referred to as “Ubuntu”. Mediation as a mode of dispute resolution is not a novel practice and has existed in Africa for over 600 years. It can be seen through various traditional justice systems like the Mato put in Northern Uganda, the Gachacha hearings in Rwanda. Rwanda also has the Abwonzi, who are members of the community who handle conflicts less than 3,000,000 RwF (approximately 10,700,000 UGX). The different speakers also noted the need to “Re-Africanize” conflict resolution, more so, through the use of mediation.

Different scholars define the concept of mediation in various ways. Dr. Kariuki Muigua, for instance, defines mediation as advanced negotiation where two or more parties involve a neutral third party to facilitate the negotiation process. Mediation generally is a voluntary, non-binding dispute resolution process in which a third party helps the parties to reach a negotiated solution. It is a cost effective, flexible, speedy, confidential process that allows for creative solutions, fosters relationships, enhances party control. Mediation is particularly useful in projects because of the need to preserve the ongoing relationship between the parties and enhance communication. Mediation involves attempts to settle disputes outside the mainstream judicial system, through the assistance of a neutral umpire. There are two types of mediation: facilitative and evaluative. In both, the parties are given the opportunity to voice their point of view. In a facilitative mediation, the mediator simply facilitates agreement between the parties. The mediator helps the parties to focus on the real issues in the dispute and find their own solution. The mediator gives no view on the merits of each party’s position. In an evaluative mediation, the mediator provides the parties with an assessment of the merits or the likely outcomes. These views are not binding unless the parties agree that they will be. Mediation is used to resolve domestic and international disputes as demonstrated by the number of global providers of mediation services such as the International Chamber of Commerce (ICC) together with more regionally based institutions such as the Singapore Mediation Center, International Center for Arbitration and Mediation in Kampala (ICAMEK).

The construction industry plays a key role in spurring economic growth. Not only does it provide employment opportunities and demand for goods and services but also through interlinkages with other sectors like the finance sector creates an eco-system of business synergies and opportunities which need to operate efficiently in the execution of a construction project. Inadvertently, conflicts are inevitable in the construction industry due to differences in perceptions among the project participants. If these conflicts are poorly identified and managed, they often quickly turn into disputes, which are among the major factors that prevent successful and timely project completion in Uganda. Therefore, it is important for us to be aware of some of the causes of disputes in the construction industry in order to complete the construction projects in the desired time, quality, and cost.

Ambiguities in construction contracts are one of the key causes of conflicts in the construction industry. According to Black’s Law dictionary, an ambiguity is an indistinctness or uncertainty of meaning of the expression used in a written instrument. This could present itself as being unclear about the activities, responsibilities, and risks to be borne by the individual parties involved in the construction project. Ambiguities can also be amplified when a language that will specify the parties’ rights and obligations is not chosen. Solving the ensuing interpretation problems can be complex. The meaning of terms in common usage may be lost in repeated translations. The use of a stipulated third language, in some cases, can be confusing for both parties since the services of a translator can be both expensive and time consuming.

Unclear payment terms can also be a cause of conflict. A construction contract should comprise of the payments that are required to be made to the different stakeholders and the timelines in which those payments have to be made. A delay in payments may affect project timelines and different project stakeholders in different ways which could cause major challenges on a construction project.

Inflation is a universal plague of the world. Given that construction projects generally span long periods of time, inflation is a cause of concern and could be a cause of conflicts on a construction project. Contractors face inflation on many fronts when they import labor and materials from a variety of countries. This could cause the construction costs to rise and therefore create a conflict between the contractor and the employer.

Changes in the original design project scope can also be a source of conflict on a construction project. Examples of scope changes are variations in the contract price and duration. Such changes are grounds of conflict due to the loss of profit to contractors, delays, and loss of revenue to the Employers due to the over budget. When site conditions indicated in the design differ from the actual site conditions, conflicts may arise. Differing site conditions affect the progress of the works and cost of the project thereby causing a conflict between the Contractor and the Employer.

The question one would ask oneself ,then ,would be “Does Mediation have a place in the Construction Industry in Uganda?”

The Construction industry in Uganda has a number of multinational companies acting in different capacities on projects across the country. It is important to note that careful preparation of contract documents does not guarantee efficient project completion. A perfect contract cannot eliminate the occasional differences of opinion between the Employer and the contractor. A working knowledge of social and cultural differences between multinational parties and domestic parties is important in order to avoid and resolve conflict. Construction disputes tend to occur as a result of a breakdown in communication between parties and as such, mediation provides the setting for the parties to communicate and negotiate effectively with the presence of a neutral third party. Additionally, mediation goes into understanding the underlying reasons behind a certain dispute through understanding the cultural and social differences between parties and thereby ensures resolution of the dispute at hand.

Mediation is also a response to the financial cost and emotional stress to parties in a dispute that would have otherwise been incurred when the dispute is referred to litigation or arbitration. Mediation allows the parties to minimize legal costs, control the process, maintain business relationships, and provides the most rapid process for full resolution of disputes. Referring a matter to mediation reduces the instances where a dispute leads to the termination of a commercial relationship. Given that the process is confidential, parties can easily protect their brand image and reputation thereby not losing client confidence.

In conclusion, according to a survey conducted by the Construction Industry Federation of Ireland (CIF), the preferred method of ADR to resolve construction disputes was mediation followed by conciliation and arbitration. Therefore, mediation has its place in the construction industry in Uganda. Despite its importance, mediation is not yet a popular dispute resolution mechanism in the construction industry. Mediation techniques are suitable for any type of construction claim and one major way of promoting their applicability is the inclusion of a mediation clause or a provision of the use of mediation in construction disputes. These clauses are drawn in such a way that in case of a dispute arising out of a construction contract, mediation shall be the first mode of dispute resolution adopted. This shall popularize its use for construction contracts.

Despite the fact that mediation is a court linked process in Uganda, there is no comprehensive and integrated framework that provides for construction mediation. Bolstering the framework that would be used in promoting and guiding the use of construction mediation in Uganda is of critical importance.

There is also a need to sensitize construction practitioners about the process and advantages of mediation through different fora for example the Uganda Institute of Professional Engineers (UIPE) and universities in order to allow its proliferation and wide use in the field.

Ex-MP Withdraws Re-trial Case Against His Brother From High Court

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Hatwib Katoto

Hatwib Katooto the Former Katerera Member of Parliament has withdrawn the re-trail of his electoral case from the Mbarara High Court against his brother Hon Kato Muhammad following a mediation.

The withdrawn case arises from the electoral appeal case filed by Hon Hatwibu Katooto in the Court of Appeal in September last year, this also followed the dismissal of an electoral petition by the Mbarara High Court Judge Moses Kazibwe Kawumi that arose from the January 2021 general elections.

The two brothers contested against each other in the race for Katerera County parliamentary seat that saw Kato Muhammad emerge victor 12, 213 votes against Katoto’s 9,302 votes.

Katoto ran to the Mbarara High court to challenge Kato’s victory, however, lost the case.

In his petition to the High Court Katoto had alleged that his Brother Kato lacked the requisite advanced level academic qualifications to contest for the Member of Parliament seat, he also cited multiple voting, ballot stuffing, intimidation of voters and Kato’s alleged printing and displaying of posters with the name ‘Katoto’ to mislead voters.

However, these grounds were challenged by both the defence and the Electoral Commission’s legal team that all affidavits in the case carried different font sizes and line spacing from the main body and that the statement of the Commissioner of Oaths was independent of all the pages, which he said was conclusive evidence that the deponents did not appear before the Commissioner of Oaths.

Justice Kazibwe concurred with both Kato and the Electoral Commission’s legal teams and dismissed the application with costs.

Katooto after losing the petition in the High Court opted for the Court of Appeal to challenge the ruling through his lawyers of Lukwago and Company Advocates raising five grounds saying that the trial judge had erred in the hearing of his petition.

He noted that Justice Kazibwe erred in law when he removed nine affidavits filed out of time from the court record hence causing a miscarriage of justice.

Katoto also faulted the Judge for abdicating his duty of evaluating evidence on the court record and wrongly severing his affidavits for allegedly departing from the petition.

Katoto wanted the Court of Appeal to allow his case and revert the petition to the High Court for a re-trial which was granted by a panel of three Court of Appeal Judges. The panel comprised Elizabeth Musoke, Muzamiru Mutangula Kibeedi, and Monica Mugenyi.

However, on Monday morning the two parties with their legal teams held a mediation session that lasted hours and was chaired by the head of Litigation at the Electoral Commission, Counsel Eric Sabiiti who volunteered to mediate the parties.

After the two parties agreed Counsel Sabiiti led the team to the Chambers of Lady Justice Esta Nambayo to report the outcome who subsequently endorsed the withdrawal of the petition.

Sabiiti told journalists outside court that before petitioning or any other matter, parties are usually encouraged to mediate noting that when the opportunity arose they utilized it and explained to both parties the merit of the case.

He said that the two parties also agreed to meet their costs.

Hon Kato Muhammad, the current member of Parliament, said that withdrawing the matter is going to be one of the things that are going to contribute towards the development and unity of Katerera County.

Shortly after the withdrawal, Hon Hatwib Katooto the former Member of parliament said that he had chosen to withdraw the case for the sake of the NRM party noting that this will be help the people of Katerera County to at least continue with the prosperity.