FORMER UN DRIVER LYNCHED BY BODA BODA RIDERS
Police in Kampala are investigating the murder of a 40-year-old former driver with United Nations (UN) who was lynched by a group of boda boda riders in Mengo after knocking one of their colleagues.
It is alleged that Aziz Bashir was on Sunday involved in a minor accident with an unidentified boda boda rider who scratched his car, a Toyota Allex.
“He got out of the vehicle, but failed to agree with the motorcycle rider. It is from there that two motorcycles shielded the rider, who was involved in a traffic accident with Bashir. The rider left the scene but as the deceased pursued the alleged rider, he knocked another motorcyclist,” Deputy Kampala Metropolitan police spokesperson, ASP Luke Owoyesigyire said.
According to police, Bashir was intercepted by a group of boda boda riders as he was approaching Lyna Primary School, pulled him out of the car and beat him to death.
Police say two suspects were arrested and detained at Old Kampala Police Station.
“We have embarked on viewing CCTV footages to identify the riders who could have carried out the criminal act. Two suspects have so far been arrested in connection to the murder.The motorcycle involved in the accident UEJ 515K and the deceased’s motor vehicle were recovered (vandalized) and are now parked at Old Kampala Police,” ASP Owoyesigyire added.
Bashir’s body was taken to the city mortuary at Mulago for a post mortem.

Bank of Uganda and its officials have for a long time avoided being sued in Court for anything done under the Financial Institutions Act (FIA). The Central Bank has been unquestionably involved in a number of controversial acts under the FIA including the closure of a number of banks and the freezing of customer’s bank accounts. Most customers and proprietors of those banks found it hard to sue the bank which was insulated from litigation by the Financial Institutions Act. However, this veil of immunity has been recently lifted by the Constitutional Court in the case of Peter Ssajjabi And Swift Commercial Establishment Limited v Attorney General and Bank of Uganda Constitutional Petition No. 51 of 2013 emphasizing that the right to a fair hearing is non-derograble.

Here are the brief facts

The Petitioner, Peter Ssajjabi was investigated from September to November 2012, for the suspected commission of offenses including among others, illicit enrichment, conspiracy to defraud, and causing financial loss with regard to the much-publicized corruption scandal involving payment of money to questionable beneficiaries of the East African Community who were entitled to pension by the Ministry of Public Service. He was eventually charged and tried in connection with some offenses related to the said scandal but up to today he has not been acquitted nor convicted. Pursuant to a court order of 7th November 2013, a freezing order was placed on the property of Peter Ssajjabi and Swift Commercial Establishment Limited, a company in which he is a shareholder.

The Petitioners, Peter Ssajjabi and Swift Commercial Establishment Limited, subsequently challenged filed a Constitutional Petition challenging the constitutionality of the freezing order. They contended inter alia that the creation of the Anti-Corruption Division of the High Court was unconstitutional, S. 34 of the Anti-Corruption Act, and S. 118 of the Financial Institutions Act are unconstitutional as they violate the right to property and the right to a fair hearing.

Arguments

The petitioners argued that the creation of the Anti-Corruption Division of the High Court (ACD), was unconstitutional as it was a special court established by the Chief Justice and not the Parliament of Uganda. The petitioners contend that section 34 of the ACA, which permits a competent court on the application of the DPP, to make orders for confiscation of property belonging to a person suspected of committing a corruption-related offense, is unconstitutional as it violates the right to property.

The Petitioners further contended that Section 118 of the FIA which allows the Bank of Uganda to direct the freezing by financial institutions of bank accounts on suspicion that monies held on such accounts are proceeds of crime is unconstitutional as it violates the right to a fair hearing and amounts to compulsory acquisition of property without compensation.

In reply, the Bank of Uganda made a flat denial stating that the creation of the Anti-Corruption Court (ACD) was established in accordance with the Constitution. Bank of Uganda offered a general denial stating that Section 118 of the FIA does not prevent access to courts by those aggrieved by the acts of the respondent in ordering the freezing of bank accounts with money suspected to be proceeds of crime.

Ruling

On 26th August 2021, the Constitutional Court delivered its ruling following the lead judgment of Justice Cheborion Barishaki and partly allowed the Petition.

The Court first ruled that the Anti-Corruption Division was established by the Chief Justice as an administrative division of the High Court and not as a special court envisaged under Article 232 (2) (e) of the Constitution as asserted by counsel for the 10 petitioners. The creation of the division was, therefore, done in accordance with the Constitution.

The court found that Section 34 of the ACA which gives the relevant authorities the right to make an application to the Court for an order placing restrictions on the enjoyment of property suspected to be related to a suspected criminal was constitutional. That Section 34 of the ACA was necessary for ensuring that those who are suspected and later convicted of corruption do not hide property considered to be proceeds of crime. The Court reasoned that the right to property is not absolute and the legal regime provided under section 34 of the ACA is, therefore, permissible under Article 43 of the Constitution which in appropriate circumstances allows limitation on the enjoyment of rights under the Constitution

Notwithstanding the above, the Court declared that the continued existence of a court order placing restrictions on the use of the property of the petitioners, over a period of 7 years from when such orders were made was unconstitutional. A freezing order for over 7 years represents an unreasonable restraint on the petitioners’ right to property as enshrined in the Constitution. A declaration is hereby issued to that effect.

Court further considered the constitutionality of S.118 of the Financial Institutions which empowers the Bank of Uganda (BOU) to direct financial institutions under its supervision to freeze bank accounts with suspected proceeds of crime. Court held that Section 118 of the FIA, is part of the legal framework aimed at deterring suspected criminals from benefitting from proceeds of their crime.

However, Court went further and considered Section 124 of the FIA which provides that “No suit or other legal proceedings shall lie against the Central Bank or any officer, employee or agent of the Central Bank for anything which is done or is intended to be done in good faith under this Act.”

The Constitutional Court declared that sections 118 and 124 of the FIA when read together have an unconstitutional effect in that the provisions empower the BOU to make directives for the freezing of bank accounts yet subsequently such directives cannot be subject to Court scrutiny for purposes of determining whether they are justified. This is unconstitutional in that it denies the account holders access to court and shields the BOU from scrutiny in Court proceedings. The Court clearly stated that S. 124 which insulates the Bank of Uganda from any legal proceedings by arguing that its directives were made in good faith so that no legal proceedings can be determined against it, gives unjustified and arbitrary protection to the BOU, which is contrary to Article 21 (1) of the Constitution.

The Constitutional Court thus stated that everyone including the Bank of Uganda can be sued. To quote verbatim, “The general principle of law is that a party must be given an opportunity to be heard before his rights are prejudiced or affected by another’s decision. No one, not even the BOU can be shielded from being answerable to the dictates of justice. Unfortunately, Section 124 of the FIA does just that and gives section 118 of the FIA that undesirable effect.”

Effect of the Ruling

The ruling by the Constitutional Court could have far-reaching effects with regard to challenging decisions of the Bank of Uganda beyond freezing orders. This is because of the Court’s interpretation of Section 124 of the FIA which is a general section under the Act and applies to every action of the Central Bank. Bank of Uganda can no longer hide under the said provision to seek immunity from legal proceedings for acts done under the FIA.

Several times, questions have arisen as to the discretion enjoyed by the Central Bank in controversially closing financial institutions and yet the FIA makes the Central Bank untouchable. For example, a confidential report by the Auditor General submitted to Parliament queried BoU officials on the flaws in the closure of Teefe Bank (1993), International Credit Bank Ltd (1998), Greenland Bank (1999), The Co-operative Bank (1999), National Bank of Commerce (2012), Global Trust Bank (2014) and the sale of Crane Bank Ltd (CBL) to dfcu (2016).

However, in all these cases, the Central Bank could not be sued by shareholders or customers of the Banks since the Central Bank enjoyed immunity under the FIA. For example, a suit filed against Bank of Uganda by NICOZ Uganda Limited Civil Suit-2009/372) [2014].with respect to Greenland Bank Ltd (In Liquidation) was struck out for want of cause of action on the ground that the FIA protects the Central Bank from legal proceedings for anything done or is intended to be done in good faith pursuant to the provisions of the Act. Also, the Court of Appeal set aside the High Court ruling against the Bank of Uganda for freezing its accounts without being accorded a fair hearing in Bank of Uganda v Caring for Orphans, Widows & Elderly Ltd (Civil Appeal-2007/35) [2009] UGCA 36. The Court of Appeal relied on S. 124 FIA and held that the Application for judicial review was incompetent because BOU was immune from litigation under the FIA unless COWI pleaded or proved that BOU had acted in bad faith.

The ruling by the Constitution Court implies that the Bank of Uganda can now be sued for all actions taken under the FIA whether relating to taking over, placing under receivership and closure of banks, or freezing accounts of customers as it was in the instant petition.

In the nutshell, the ruling gives hope to shareholders and customers of Banks against the arbitrary exercise of power and abuse by officials of Bank of Uganda who have been hitherto unquestionable since no proceedings could be instituted against them in Court. Following this ruling, the Bank of Uganda or its officials must act in accordance with the Constitution and ensure that they respect the fundamental rights of the people of Uganda, for their immunity is no more unless the said ruling is stayed and/or set aside by the Supreme Court.

The Writer FERDINAND TUMUHAISE, Legal Associate At Kampala Associated Advocates (KAA), LLM Harvard Law School (Tax).

There has been a continuous collapse of buildings in Uganda especially in the Kampala district where several people have lost their lives and many have survived with permanent injuries. Many questions have been asked as to what causes the building to collapse and the major question that normally strikes out is “who is responsible and who is to blame?” There have been different answers to this where some people blame different stakeholders. Some people blame the owners of buildings saying that they use building materials of poor quality while many blame Kampala Capital City Authority (KCCA) since it has a mandate of planning for the city. What many people do not understand is that there are various bodies responsible for the planning and making sure that the buildings conform to the required legal guidelines. There are different laws and regulations to ensure that the building and building environments are safe and healthy and that there are minimal chances of collapsing.

The bodies responsible for ensuring that there is proper planning during construction include the Kampala Capital City Authority (KCCA) if the construction is in Kampala which is given that mandate under the KCCA Act 2010 as Amended by Act of 2019, the National Planning Authority under the National Planning Authority Act 2002 and the National Building Review Board established under the Buildings Control Act 2013 whose mandate is to inspect, license and review buildings under construction and the Department of Occupational Safety and Health under the Ministry of Gender, Labor and Social Development whose mandate is to ensure that the construction site is safe and healthy. It derives its mandate from the Occupational Safety and Health Act 2006. In order to have planned and safe construction sites, the above bodies should cooperate and work for hand in hand to ensure there is safety in construction.

Apart from the above statutory bodies, there are laws and regulations that govern the planning and construction of buildings in Uganda. These among others include:

• The Buildings Control Act 2013 which is the law to consolidate, harmonize and amend the law relating to the erection of a building; to provide for building standards; to establish a National Review Board and Building Committees; to promote and ensure planned, decent, and safe building structures that are developed in harmony with the environment. It provides for among others licensing of buildings, inspection revoking permits, and planning.

• The Physical Planning Act 2010 which is an Act to provide for the establishment of a National Physical Planning Board; to provide for the composition, functions, and procedure of the Board; to establish district and urban physical planning committees; to provide for the making and approval of physical development plans and for the applications for development permission; and for related matters.

There has been a continuous collapse of buildings in Uganda especially in the Kampala district where several people have lost their lives and many have survived with permanent injuries. Many questions have been asked as to what causes the building to collapse and the major question that normally strikes out is “who is responsible and who is to blame?” There have been different answers to this where some people blame different stakeholders. Some people blame the owners of buildings saying that they use building materials of poor quality while many blame Kampala Capital City Authority (KCCA) since it has a mandate of planning for the city. What many people do not understand is that there are various bodies responsible for the planning and making sure that the buildings conform to the required legal guidelines. There are different laws and regulations to ensure that the building and building environments are safe and healthy and that there are minimal chances of collapsing.

The bodies responsible for ensuring that there is proper planning during construction include the Kampala Capital City Authority (KCCA) if the construction is in Kampala which is given that mandate under the KCCA Act 2010 as Amended by Act of 2019, the National Planning Authority under the National Planning Authority Act 2002 and the National Building Review Board established under the Buildings Control Act 2013 whose mandate is to inspect, license and review buildings under construction and the Department of Occupational Safety and Health under the Ministry of Gender, Labor and Social Development whose mandate is to ensure that the construction site is safe and healthy. It derives its mandate from the Occupational Safety and Health Act 2006. In order to have planned and safe construction sites, the above bodies should cooperate and work for hand in hand to ensure there is safety in construction.

Apart from the above statutory bodies, there are laws and regulations that govern the planning and construction of buildings in Uganda. These among others include:

• The Buildings Control Act 2013 which is the law to consolidate, harmonize and amend the law relating to the erection of a building; to provide for building standards; to establish a National Review Board and Building Committees; to promote and ensure planned, decent, and safe building structures that are developed in harmony with the environment. It provides for among others licensing of buildings, inspection revoking permits, and planning.

• The Physical Planning Act 2010 which is an Act to provide for the establishment of a National Physical Planning Board; to provide for the composition, functions, and procedure of the Board; to establish district and urban physical planning committees; to provide for the making and approval of physical development plans and for the applications for development permission; and for related matters.

The prices for rental cars in Uganda vary from one car hire company to another. This is one reason why it is often challenging to determine the price of cars for hire in Uganda. Be on a safer side, make sure that you book the right rental car for your Uganda safari road trips at the right rate and you can save a lot more.

Deal with a reliable, trusted and dependable car hire company when you need any assistance. Before you set off for your trip, here are some key factors that influence car hire prices in Uganda. These factors have an impact on the rates of rental cars in Uganda no matter the season.

Age of a car to be hired

The rental car age is one significant factor that most car hire companies use to determine how much they can rent out the car. Normally, the companies look at the year the rental car was manufactured to come up rental price. The newer the rental car, the higher the rate is like to be and the older the rental car, the lower the rates can be.

When hiring a car in Uganda for your Uganda safaris, self-drive tour or driver guided trips, you realize that rental cars of 2000-2010 are available for renting at the lowest rate compared to new models of between 2012 to 2020. The new models are charged highly considering their durability and mileage.

The car type/category

Each rental car category/type has its price tag. On Uganda tour, your travel interests, terrains etc are essential factors to put into consideration when selecting the rental car category. The most hired car types in Uganda include Minivans, 4×4 Land Cruisers, Coaster buses, Toyota Rav4, Small SUVs, Super Custom etc. When choosing the rental car category, find one that comfortably accommodates you and all your cargo.

The engine of the rental car

The rental car engine is an important element that shouldn’t be left out while on Uganda holiday tour. Engine car determine the kind of fuel to use and some keenness must be observed. Choose a rental whose engine is efficient in fuel usage. Preferably, rent a car in Uganda with diesel engines as they have been tested and proven as the best when it comes to fuel consumption compared to rental cars with patrol engines.

Brand

Some brands generally stand out from the many and it explains why their rates are usually higher than the rest. If you happen to hire a UK, US and German rental car bran, you will notice that the rates are higher than the Japan made vehicles. This is considering their stylishness, durability, use and mileage. The majority of car hire agencies or companies in Uganda prefer Toyota rental cars for Uganda safaris, business tours, research brands or if you plan to explore up country. The available brands worth renting for weddings, VIP travel include Range Rover, Mercedes Benz etc.

When to book

The time you plan to travel for your Uganda safari also play a significant role in determining the rental car prices. The rates for renting cars in Uganda are greatly influenced during the drier months/peak months of the year; June, July, August, September/December, January, February. The demand for car hire is high during these 2 phases of dry season. Please, have your rental car booked early before you land at Entebbe Airport (EBB) to kick start your Uganda safari.

Rental options

If you are looking at the most affordable and flexible option to get to explore Uganda then a self-drive tour serves best. Driver guided safari is the best if it is your first time to be in Uganda for a holiday but you will incur the driver charges/cost.

Reservation method

How you pay for your rental car in Uganda matters a lot. It is one factor that impacts on the rental car prices. If you pay online, via bank transfer or in-person, expect both advantages and disadvantages that come with them. The most used method is online payment-it is convenient and quicker.

If you have never travelled to the Eastern District of Bulambuli at the foothills of Mt Elgon, you will be forgiven for assuming that all beautiful places exist only in other areas.

Until recently when I had the opportunity to get to Sisiyi falls camp and resort in Bulambuli District about 19 km along Sironko-Moroto road, I was one of those people who believed that beautiful places’ only existed in the urban centres.

Sisiyi Falls camp is conveniently located in the Floresta neighbourhood at the slopes of Mt Elgon, in between relaxing places to gather and the place is designed to start your day off comfortably. 

Although deep in rural Bulambuli district, Sisiyi falls camp and resort is an amazing wonder in the wilderness.

Recently I had the opportunity to travel to Sisiyi in rural hilly Bulambuli at the slopes of Mt Elgon 35 Km Mbale-Kapchorwa road and 4 Km branch off from this main road at Buyaga trading centre.

What struck me most was Sisiyi falls seen from both Sironko hills and Bulambuli hills; one gets awed especially when you go again there.

It is just magnificent, easily one of the best natural wonders and the attractions around the Sisiyi falls camp can help you spend a couple of days here.

The adjacent ridge that spreads across like a sleeping Lion waiting for its prey is what welcomes you to Sisiyi falls.

And then shimmering above stony hills, like a white sheet spread over the rocks for centuries, Sisiyi Falls looms ahead, the longest falls in Uganda being 103 metres high.

The resort is nestled between rocks that seem to be as old 500 years and there you will see a dazzling famous Sisiyi falls camp and resort in green scenery, popularly referred to as “The Garden of Eden” here.

Coined out of the Biblical Garden of Eden, the director Dr. Patrick Mutono says the stones that are as old as the Stone Age, the caves, the big trees as old as 500 years and the naturally flowery compound depict the biblical Garden of Eden.

“We have not chosen this name by accident but everything which is here reflects what exactly was in the Biblical Garden of Eden,” says Mutono.

Although the exterior décor is often neglected by many hotels, at Sisiyi falls resort’ it counts as much as the interior; it is a fine place for outdoor parties and good outdoor living room.

And nestled between attractive and green exterior the resort stands before three big stones and trees that are as old as 500 years that stand high in the compound making it the best destination for any tourist.

The way the environment is naturally modelled and the way food is prepared and served, makes this place a new gastronome in Bulambuli and entire Eastern region, [maybe first of its kind] that is set to give you a reason why the place is referred to as ‘Garden of Eden’.

Many tourists will tell you if you visit Mt Elgon national park, choose to visit the Sisiyi falls camp and Resort also and get a minute to see Sisiyi falls, listen to the roar and close your eyes it will no doubt take you under its spell.

Sisiyi falls might not be the tallest falls at Mt Elgon by any stretch but they have the ability to take over your senses and seduce you into falling in love with them!

Little wonder, therefore, that one sees all roads for all classes of people, colour, race and religion on Wednesdays, Fridays, Saturdays and Sundays leading to Sisiyi Camp and Resort, “The Garden of Eden”.

As early as 11.00 am, the place which is a marvel surrounded by lush gardens, big stones, and ancient trees buzzes with a lot of activity.

Right from the entrance which is guarded by two towering sphinxes and very old big stones, one is able to clearly see the magnificent Sisiyi falls at a stone throw distance and deduce that he / she is heading for a new and rich experience.

“It is one of the most beautiful sites in Uganda. An amazing wonder of nature. This is a must visit if you are visiting Bulambuli, in Eastern Uganda. I have seen it and I must say Sisiyi falls is certainly the best place to visit while at Mt Elgon,” remarked Aaradhya Shrishti, an Indian visitor.

“You must take the maid of the mist and you really have to go under the Falls, literally,” added Shrishti, a common visitor at Sisiyi falls Camp and Resort.

If there was a place that you visited and your breath was not taken away, “The Garden of Eden” would take away your breath.

The way the environment is naturally modelled and the way food is prepared and served, makes this place a new gastronome in a rural area, [maybe first of its kind] that is set to give you a reason why the place is referred to as ‘Garden of Eden’.

The class here is not only reflected in the traditional but modern buildings, the many tourist attractions and beautiful environment but also in the décor and menu.

For serious connoisseurs, there is a gift shop selling French wines, Brandy Vodka, Vintage champagne, Ram, Cuban cigars and all spirits.

The compound is well designed attractively with tourist attraction features and the inside is very comfortable compared to what you would find in your urban areas, this is what makes ‘The Garden of Eden’ a favourite place for myriad of visitors.

We recently visited the place with a friend but just as the name suggests, the best meals are apparently found in this place at low costs and one is served with full course meals with nothing to complain about.

The Mushroom soup starter was very delicious. I tasted Sisiyi chicken, marinated, dusted, egg washed, shallow fried with bread crumps at Shs 9,000 and there was no regret about all this.

Being a place that attracts European tourists, Indians and Africans, there is an abundance of different types of foods from which to choose from including Chicken and pork Madras on a bed of Rice, Avocado vinaigrette and mixed cheese and vegetable paste.

The manager, Daniel Washiwuku says besides special Sisiyi chips, there are Lionised potatoes, Roast potatoes mashed potatoes and Parsley potatoes.

Washiwuku says for breakfast they have chosen to have two offerings, one for Shs8,000, an all day breakfast where you go the whole hog and indulge in a couple of eggs and style, bacon, bangers, baked beans, sausages, grilled tomatoes fries and coffee tea.

The main course has a selection of grills such as chicken, lamb chops, sticks and fish fillet. Washiwuku says deserts like mixed fruits, fresh Sisiyi fruits, desert of pineapple and fruit platter are also served. Other desserts include Bogoya, watermelon, pawpaw and local traditional bananas ‘Nakazungu’ here.

The traditional foods; Sisiyi chicken, Malewa, Magila [mashed beans] Goobe and Nakati, Isufa, egyobyo together with traditional mashed Matooke, cassava, yams make the local dishes served at “The Garden of Eden”

Special cakes ‘Cake of the day’ Chocolate cake, Fruit cake, Carrot cakes and spongy cake are also prepared at the hotel says Mr Mutono, the hotel director.

He adds that besides treating their customers courteously and in style, they also offer them with a new concept of eating out with quality, style and value and that their target is to make the quality of food served commensurate with the standard of the place.

At ‘The Garden of Eden’ quality, style and value reign in service. The quality of food served here is commensurate with the standard of the place; just think about what God put in the biblical Garden of Eden and you will find it here.