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Museveni Sends Local Content Bill Back to Parliament, Again

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Museveni Kaguta Yoweri

President Yoweri Museveni has returned the National Local Content Bill, 2022 to Parliament for the second time asking the House to reconsider his earlier recommendations which he said have not been fully addressed.

Deputy Speaker Thomas Tayebwa made the revelation as he chaired the House on  Tuesday, 15 August 2023.

In his letter dated 01 August 2023, the President details sections that ought to be reviewed by the House, before the Bill is enacted.

Museveni said clause 1(g) should be amended to allow the Minister of Trade, Industry and Cooperatives negotiate the local content in the agreements to the extent possible.

The clause states that, ‘a local content act shall apply to a local content entity whose activities are financed through public borrowing or such arrangements’.

Museveni noted that, ‘this is not practical since each development partner has its own policies and guidelines that are negotiated before the commencement of the project.’”

Museveni proposed that clause 7 of the Local Content Bill be amended to include locally manufactured goods and services in the East African Community Market as opposed to the bill’s proposal for preference of goods and services readily available on the market.

Clause 11 of the bill requires sub-contracting of public works by at least 30 per cent which the President said is not feasible.

The president also returned the Competition Bill, 2023 calling for amendment of clause 4 which establishes the Competition and Consumer Protection Commission to administer the bill.

He said the bill should be administered by the Ministry of Trade and not the proposed commission cognizant that government halted rationalization.

He observed that the commission attracts a charge on the Consolidated Fund.

Nandutu Loses Bid to Block Trial in Iron Sheet Scandal

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Agnes Nandutu

The Anti-Corruption Court has dismissed an application made by State Minister for Karamoja Affairs, Agnes Nandutu, to halt her trial in connection with the iron sheets scandal. Lady Justice Jane Okuo Kajuga ruled against Nandutu’s request to forward her case to the Constitutional Court for an interpretation of the charges, questioning whether her right to a fair hearing would be infringed upon. Nandutu faces charges of dealing with suspect property, as alleged by the prosecution.

It is claimed that during June 2022, at the Office of the Prime Minister’s Stores in Namanve and Kkola Cell Bulwanyi Parish, Mukono District, Nandutu was involved in the handling of government property, specifically 2,000 pre-painted iron sheets Gauge 28. The prosecution argues that Nandutu had reason to believe these iron sheets were obtained through the loss of public property, an offense under Section 10 of the Anti-Corruption Act of 2000 as Amended.

During the hearing, Nandutu’s lawyers, led by Caleb Alaka, objected to proceeding with the case, citing imprecise, ambiguous, and vague charges that could potentially infringe upon her right to a fair hearing. They argued that the charges were not clear, as the charge sheet specified one offense of dealing with the suspect property while introducing another charge of causing the loss of public property in the particulars of the offense.

Alaka also revealed that they had filed a constitutional petition seeking the interpretation of Section 21A of the Anti-Corruption Act, under which Nandutu was being charged. The petition argues that this provision is imprecise and fails to guarantee a fair hearing as protected by the Constitution. They sought a declaration that the law and the actions of the police and Director of Public Prosecutions in charging Nandutu under this provision are unconstitutional.

In response, the prosecution, represented by Jonathan Muwaganya and David Bisamunyu, opposed halting the trial, asserting that the charges were clear and did not require constitutional interpretation. They accused Nandutu and her legal team of engaging in a “fishing expedition” by filing both a constitutional petition and an application for reference by another court, thereby wasting time and violating the right to a fair and speedy hearing.

In her ruling, Lady Justice Kajuga agreed with the prosecution, dismissing Nandutu’s application. She deemed the charge against Nandutu to be clear and framed in a manner easily understandable by the ordinary person. Kajuga emphasized that the charges did not exhibit the ambiguity and vagueness that would necessitate forwarding the case to the Constitutional Court. She advised Nandutu that if she wished to halt her trial, she should seek a temporary injunction from the Constitutional Court instead.

Following the ruling, State Attorney Jonathan Muwaganya requested at least one hour to present witnesses against Nandutu, but her defense lawyers, Caleb Alaka and Evans Ochieng, requested an adjournment to review the ruling and determine their next steps. Consequently, the trial has been adjourned until June 8th, 2023, when the proceedings will commence.

Museveni Signs into Law the Anti-Homosexuality Act

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Yoweri Kaguta Museveni

President Museveni has officially signed into law the Anti-Homosexuality Act, Speaker of Parliament Anita Among has confirmed. The Anti-Homosexuality Act, a highly contentious piece of legislation, has been a subject of intense discussion and lobbying both within and outside Uganda.

“His Excellency, the President of the Republic of Uganda, General Yoweri Kaguta Museveni, has executed his constitutional mandate as prescribed by Article 91 (3) (a) of the Constitution. He has assented to the Anti-Homosexuality Act,” Speaker Among said in a statement on twitter.

“As the Parliament of Uganda, we have answered the cries of our people. We have legislated to protect the sanctity of family as per Article 31 of the Constitution of Uganda. We have stood strong to defend our culture and aspirations of our people as per objectives 19 & 24 of national objectives and directive principles of state policy.”

She noted that the Parliament of Uganda believes that the law safeguards the sanctity of the family, in accordance with Article 31 of the Ugandan Constitution. Additionally, she stated that the legislation aligns with the cultural values and aspirations of the Ugandan people, as outlined in objectives 19 and 24 of the national objectives and directive principles of state policy.

She further commended the Members of Parliament for standing strong against external pressure and criticisms, attributing their resilience to the commitment to upholding Uganda’s motto, “For God and our Country.”

Speaking on behalf of the Parliament of Uganda, Among extended gratitude to the people of Uganda for their prayers and encouragement throughout the legislative process. “I now encourage the duty bearers under the law to execute the mandate bestowed upon them in the Anti-Homosexuality Act. The people of Uganda have spoken, and it is your duty to now enforce the law in a fair, steadfast, and firm manner,” she said.

The enactment of the Anti-Homosexuality Act triggered widespread international reactions, with human rights organizations and advocacy groups expressing concern over its potential impact on the rights and freedoms of the LGBTQ+ community. The law has faced criticism for its potential to promote discrimination and persecution.

Sports Federations Must Account For Funds – PAC

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The Public Accounts Committee (Central Government) has urged the National Sports Council (NCS) to tighten accountability measures on sports federations to ensure compliance with the law.

This is after the NCS Board Chairperson, Ambrose Tashobya, told the committee on Monday, 15 May 2023, that some sports federations have adamantly refused to submit accountability reports to the council as required by the law.

NCS is required to coordinate all sports activities in the country including managing and approving expenditures of sports federations. Currently, there are 51 sports federations registered with NCS.

“It is our wish that all these federations receive and spend money in a manner which fits the law so that they can come back for more, but there is a high level of adamancy from some of the federations claiming we are overburdening them with accountability,” Tashobya said, citing Uganda Boxing Federation and Uganda Netball Federation as the major culprits.

Section 50 of the Public Finance Management Act, 2015 requires that accounting officers shall prepare and submit half-year financial statements to the Accountant General by 15 February of each financial year.

NCS General Secretary, Dr Bernard Patrick Ogwel, said their efforts to remind sports federations to submit their accountability reports have not been very fruitful and consequently, the council is considering withholding and reallocating funds meant for such defiant federations.

“It is not proper to give a federation more funds when it has failed to account for the funds in the previous financial year…However, we are doing everything possible to strengthen our collaboration with these federations,” Dr Ogwel said.

The committee advised the sports body to invoke their supervisory powers by raising the bar high on the operations of sports federations to enhance public accountability.

“As the supervising entity, you must come up with a strong position on accountability. You should continue to create an avenue for these federations to meet the minimum requirements so that the issue of accountability is not a question of pleading,” Hon. Fredrick Angura (NRM, Tororo County South) said.

To resolve the dilemma, the committee’s deputy chairperson, Hon. Asuman Basalirwa, advised that NCS signs a Memorandum of Understanding with the federations before disbursing funds.

However, he warned NCS against suffocating the activities of sports federations that have not submitted their accountability. He further proposed that the council bypasses such federations and deals directly with service providers for the continuity of the activities.

“Nobody should be disadvantaged because of the misdeeds of an individual or federation president. In the meantime, NCS should engage directly with the service provider,” Hon. Basalirwa said.

During the same meeting, the committee handed the President of Uganda Boxing Federation, Moses Muhangi and the former accountant, Lydia Namuleme, to the Parliament Police Criminal Investigations Department for further management on allegations of forgery, uttering false documents and misappropriation.

This comes barely a week after the President of Uganda Netball Federation, Sarah Kityo was interrogated by the Police CID on recommendations of the committee. Since then, Kityo is said to have stepped down to pave the way for investigations.

Journalist Agather Wins EU’s Human Rights Defender’s Award 2023

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Former Uganda Radio Network and The Independent journalist, Agather Atuhaire is a proud recipient of the EU Human Rights Defenders Award 2022 for being a consistent human rights defender.

Speaking at the awards ceremony held on Thursday, Jan Sadek, the EU Ambassador to Uganda said the winners of this annual award are recognized for engaging in several works including documenting violations, seeking remedies for victims, providing legal, psychological, and medical support as well as combating cultures of impunity which serve to screen systematic and repeated breaches of human rights and fundamental freedoms.

Sadek said Agather Atuhaire has recently expressed courage in fighting for the rights of others when she initially stood up against the unexplained failing of students attending a bar course at the Law Development Center.

The journalist cum lawyer has also taken on the National Water and Sewerage Cooperation (NWSC) over poor service delivery in addition to keeping a keen eye on the operations of parliament, which has many times pitted her against Speaker Anita Among and more recently Mathias Mpuuga, the Leader of Opposition in parliament over budget issues.

Her activism has mostly been done on social media. When receiving the award, Atuhaire said she has had to endure assault and threats to her life because of activism.

She said in her activism against LDC, she ruled out going to court because she knew it would not yield anything for the thousands aggrieved but wanted to expose them for all Ugandans to know.

This award was first given in 2012 with the aim of raising awareness of the work being done by human rights defenders and as a way of recognizing their courage and determination, often in very difficult circumstances. Last year, lawyer Primah Kwagala received this award for her contribution to providing legal assistance to vulnerable women.

This year, eighty-eight people were nominated for the award from whom three were shortlisted including investigative journalist Solomon Serwanjja and Gay Rights Activist, Richard Lusimbo.

Government to Borrow Shs852b to Refurbish Kampala – Malaba Railway

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A proposal to borrow Shs852 billion to rehabilitate the Kampala- Malaba meter guage railway has been sent to the Committees of Physical Infrastructure and National Economy.

The new loan offer from the African Development Bank working in concert with the Corporate Internationalisation Fund of Spain comes with a Shs221 billion grant.

In 2021, Parliament approved a running loan amounting to £327 million for the same purpose but a letter from the African Development Bank (ADB) informed the government that under the same terms, a new facility worth Shs852 billion is available.

With the new offer, Cabinet, in a letter to Speaker Anita Among written by Acting Minister of Finance, Planning and Economic Development, Hon. Henry Musasizi, states that, the old running loan is to be stopped since the terms are similar, and the new one adopted.

“In light of the above, this ministry proceeded to Cabinet to rescind the earlier approval and authorize the Minister of Finance, Planning and Economic Development to seek the authorisation of Parliament to approve the amended proposal and consider making changes to the Resolution of Parliament dated 11 May 2022,” said Musasizi, in a letter to Speaker Among.

The new offer from ADB comes after the bank upped Uganda’s debt sustainability status from low risk to “moderate risk of debt distress”, according to Mr Augustine Ngafuan, who made the new offer to Uganda on behalf of the continental lender.

The Attorney General, Hon. Kiryowa Kiwanuka okayed the new arrangement but hinged his approval of the loan on the Ministry of Finance obtaining new authorization from Parliament.

After hitting a deadlock with financiers over the proposed construction of the Standard Gauge Railway due to unfriendly terms and exorbitant interest rates, government chose to, in the interim, resuscitate the old railway and also utilize Lake Victoria as a viable alternative corridor for bulk transportation, especially of petroleum products and imports.

In a first, Speaker Among said there is need to have the request scrutinized by two committees to harmonise positions and ease the work of the whole House.

She asked the committees to expeditiously process the request.

Source: Parliament media

Otikokin Clan Demands Blood Compensation for Slain Minister

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Minister Sam Engola

The Otikokin clan, to which the slain Minister of State for Employment and Industrial Relations Col (rtd) Charles Okello Engola belonged, is demanding blood compensation.

Engola, who was also a deputy clan elder (Awitong), was shot dead at his home in Kyanja on Tuesday by his bodyguard, Private Wilson Sabiiti. Traditionally, when murders of this nature occur, the clan to which the perpetrator belongs is required to pay blood compensation as a way of reconciling the two factions.

This compensation usually involves seven cows, goats, and some money, depending on a number of other factors. Dr. Christopher Oleke, the Deputy Awitong of Otikokin, argued that Engola’s murderer took a key pillar of the clan, and added that emotions are too high, although the clan leaders are trying their best to calm the situation.

He then invited the leadership of Private Sabiiti’s clan to compensate their son to avoid more problems.

According to Dr. Oleke, the clan and people of Lango as a whole also want the government to make public all information pertaining to Private Wilson Sabiti, who ended the life of their son.

David Kennedy Odongo, the District Chairperson Alebtong, who is also the Chairperson of the Lango Chairperson’s and Mayor’s Forum, shared the same idea. He argued that the late Okello Engola was instrumental in advocating for peace in Lango and his gruesome murder should not go unpunished, adding that Lango as a tribe should not tolerate the killings of their sons.

Meanwhile, Charles Osendro, the spokesperson of Otikokin Clan, wants the government to take action against people who are celebrating Engola’s death.

The late Charles Okello Engola is survived by a widow and three biological children.

Uganda’s Parliament Passes the Anti-Homosexuality Bill

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Parliament of Uganda

The Parliament of Uganda has passed the Anti-Homosexuality Bill, 2023 with amendments to five clauses following proposals by President Yoweri Museveni.

While presiding over the House sitting on Tuesday, 02 May 2023, Speaker Anita Among commended the commitment of legislators in ensuring the protection of Uganda’s values and culture and urged them to stand firm on their decision.

“I want to urge the Members of Parliament to remain steadfast. No amount of intimidation will make us retract what we have done. Handouts or small envelopes should not be the ones to destroy you. The Western World will not come and rule Uganda,” said Among.

She urged the Attorney General to expeditiously present the Bill to the President for assent.

The Bill was first passed 21 March 2023 but was returned by the President.

The Committee on Legal and Parliamentary Affairs reviewed the concerns and proposals made by the President regarding distinguishing between being a homosexual and actually engaging in acts of homosexuality.

The President said the law should be clear so that what is being criminalized is not the state of one having a deviant proclivity but rather the actions of one acting on the deviance or promoting the same.

The Committee Chairperson, Hon. Robina Rwakoojo said the President’s concerns were genuine and had been initially expressed by the committee in its report to the House.

“The committee recommends that Clauses 2 and 3 be amended to create further clarity on the purpose and intention of the Bill, which is to criminalize sexual acts committed by persons of the same sex rather than punishing a person based on their perceived sexuality or physical appearance,” Rwakoojo said.

The State Minister for Sports, Hon. Peter Ogwang urged MPs not to be intimidated by the Western World citing social media reports of plans to withdraw aid under the Ministry of Health meant to tackle HIV/AIDS in the county.

“Have they been giving us that aid for purposes of promoting homosexuality in Uganda? Studies have shown that homosexuals are the ones spreading AIDS. Friends, do not be shy. You were born to be in Uganda and we will remain Africans,” said Ogwang.

Hon. Nsaba Buturo (NRM, Bufumbira East County) said threats of withdraw of aid by international agencies can be addressed by fighting corruption.

“What we steal from ourselves is three times more than what we get from these arrogant people around the world. I appeal to the President and government to tackle this issue of corruption because it is rendering us unable to stand for the interest for our people,” Nsaba Buturo said.

The committee also recommended the merging of two sub-clauses under Clause 9 of the Anti-homosexuality Bill that relates to owners of premises that may be reported to be used to commit the offence of homosexuality.

On the duty to report acts of homosexuality under Clause 14, the President expressed concern that the clause presented constitutional challenges and created unnecessary contradictions and duties which pose implementation challenges and conflicts in society.

The President recommended for deletion of clause 14 or in the alternative, to redraft it to restrict it to children and other vulnerable members of society as required in Article 17(1)(c) of the Constitution.

The committee, however, said clause 14 is relevant because it imposes a duty on a person who knows or has a reasonable suspicion that a person, has committed or intends to commit the offence of homosexuality, to report the matter to police for appropriate action.

“The committee recommends that Clause 14 of the Bill stand part of the Bill albeit with amendment to Clause 9(3) to create criminal sanctions against a person who does not report acts of homosexuality that are committed against children and other vulnerable persons,” said Rwakoojo.

The House passed a proposal by Hon. Jonathan Odur (UPC, Erute County South) on Clause to increase the imprisonment penalty from six months to five years.

A proposal by Hon. Fox Odoi (NRM, West Budama North East County) to delete the clauses cited by the President and subsequently, reject the entire Bill was rejected by MPs.

While presenting a minority report on the Anti-Homosexuality Bill, Odoi observed that the proposals by the President were insufficient to salvage the Bill.

The Leader of the Opposition, Hon. Mathias Mpuuga called on legislators to read and understand the Anti-Homosexuality Bill so that they can ably defend the country’s view of society and life.

“Do not take the law on its face value but understand it. Speak to our people because we owe ourselves the duty to preserve our culture and protect our children,” said Mpuuga.

He alluded to a meeting he attended in the United States where he challenged Africans there for struggling to defend the right to sexual orientation.

“I do not see them defending the transfer of knowledge in technology like the Chinese are doing. The black race is struggling to transfer homosexuality and not technology to Africa and I challenged these people on that,” Mpuuga added.

Business Community Demands For Visa-Free Uganda-Nigeria Travels

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Nigerian High Commissioner to Uganda

The private sector in Uganda and in Nigeria is pushing for the easing of travel visa requirements between the two countries so as to improve trade through the easy movement of persons.

The two have also hailed the government of Nigeria for granting Uganda Airlines landing rights at Lagos and Abuja airports, saying it eases the difficulties that traders between the two countries go through.

Trade between the two countries is worth a paltry 4 million dollars per year and despite Uganda being five times smaller by population and with a GDP 10 times smaller, it accounts for more than half of the trade values.

Uganda’s exports to the West African country are mainly agricultural products like tobacco and hides and skins, as well as electronics, while it imports mainly float glass and textiles.

Ambassador Ismail Alatise, the Nigerian High Commissioner to Uganda said it is sad that despite the historical and political relations between the two countries, trade between them is among the lowest intercountry, a situation that he says should change during his tenure.

He told the first Uganda-Nigeria Business Forum in Kampala that there are opportunities in both countries that set the potential for the business communities to do a thriving trade.

The two countries have both a trade agreement and a Joint Permanent Commission, but Amb. Alatise says the trade agreement is as good as dying and needs to be revived as soon as possible.

Nigeria is the African largest economy with a GDP of 440 billion dollars and a population of almost 250 million, presenting enormous investment opportunities in everything, according to Alatise.

The Business Forum was organized by the Uganda National Chamber of Commerce and Industry, UNCCI, and its Nigerian counterpart, supported by the ministries of trade and the embassies in the two countries.

UNCCI President, Olive Kigongo, said that trade and economic relations between the two countries have been on the low because previously, the governments never showed interest to the effect that they were not taking part in business meetings.

Kigongo, however, says discussions of trade without implementing the recommendations are a waste of time.

She said instead that the two governments should focus on removing the barriers that hinder trade development, including travel visa restrictions, adding that Ugandans have a lot to benefit from not only the Nigerian market but also the way Nigerians do business.

Recently, Nigeria has launched a number of economic reforms under President Muhammadu Buhari, including a 10-year Nigeria Industrial Revolution Plan.

It involves establishing 109 agro-processing zones around the country, opening up warehousing facilities in different countries, and promoting value addition and export of 44 commodities from different sectors.

The head of the Nigerian delegation at the forum, Amb. Akinemi Bolaji, who is also Director of Economic, Trade, and Investments at the Foreign Affairs Ministry, said if Uganda’s business community takes Nigeria as a preferred trade nation, they will have access to 16 countries in the region that have free trade with the country.

Nelson Ocheger, Uganda’s envoy to Nigeria and the other 15 Economic Community of West African Countries and Equatorial Guinea said he has been fighting for space for Uganda Airlines in Nigeria and that the landing rights will go a long way in improving trade between the two countries.

Stressing the need for connectivity, he said transportation between the two countries is only possible by either air or sea, but both are very expensive, with the sea option necessitating routing the goods through Europe and the United Arab Republic to East Africa.

Ocheger defended his role of promoting investment between the two countries, saying a number of agreements between the governments and the private sectors have been signed, but not implemented by those responsible.

Bodyguard Shot Minister Engola at Close Range

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Minister of State for Labour,Employment & Industrial Relations, Col. (Rtd) Charles Okello Engola, was shot dead on Tuesday morning by his body guard in a Kampala suburb. The bodyguard identified as Private Wilson Sabiti, later turned the gun on himself

According to the Police Spokesperson, Fred Enaga, Engola was shot at close range at his residence in Kyanja on Tuesday while entering his vehicle to go to work.

Enaga also said that Ronald Otim, who was Engola’s ADC sustained severe injuries and is seeking treatment at Mulago Hospital.

Enaga says that Sabiti fired several shots at close range, killing Engola instantly. Enaga adds that after shooting the Minister, the bodyguard fled from the scene up to the trading center at Kyanja, Ring Road where he entered a salon and also shot himself dead.

Enaga says that they are yet to establish the motive of the shooting. He says that a team of detectives has been dispatched to the crime scene team for further investigations.

While in the military, Engola was the commander of the UPDF 501 Brigade, at Opit, in Gulu District.

He was then promoted to the rank of colonel and retired from the military in 2007.

During his political career, he served as Oyam District LCV Chairperson on the ruling NRM party ticket for two terms.

In 2016, he was elected Oyam North Member of Parliament and re-elected in 2021.

He also served as State Minister of Defence from 2016 until 2021.