Posts Tagged ‘Law’

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The quality of a country’s policies and governance depends on the strength of its Institutions and those appointed to led in those institutions. The ongoing Parliamentary inquiry into the Presidential Handshake tells you how easy it is for a patronage system to misuse institutions to share or loot resources meant for the entire nation.
As a country, we have a crumbling economy that was brought due to systematic indolence and incompetence. In a normal functioning country, institutions can easily change their policy instruments to be able to rectify emerging problems or challenges. In a serious country where good governance is taken seriously heads roll, people lose jobs for abusing their authority.
Power is in the hands of a certain socio-economic group, that controls institutions to their benefit rather than the entire population of Uganda. The fact that millions of dollars were signed off to the pockets of a few people using unlawful means entirely reveals the oil presidential handshake a true image of a patronage led economy and an act that has robbed the entire population.
The Presidential Handshake is just but the smallest question in the oil tax scandal that Ugandans should be asking. The question is why should a tax body Uganda Revenue Authority whose job was to make sure that Uganda gets her taxes amounting to US$407 million in capital gains tax in a such a big case that had been heard and won before Uganda Tax Appeals tribunal be pulled out from the same court where Uganda won a case against Heritage Oil? The precedent set by the Heritage Oil case would have been the guiding principle to stay the Tullow Oil versus Uganda Revenue Authority case in the same court hoping to win it for Uganda.
The reason Government of Uganda took this case to the International Tribunal they were convinced they had a good case, why would they go in for settling out of court through a confidential Memorandum of Understanding with Tullow Oil for a lesser amount?
On 15 March 2011, they rushed to the International Tribunal and applied to withdraw the case and settle of out of court? And Tullow made an announcement on their website; Tullow settles Capital Gains Tax dispute in Uganda
We are setting our eyes on just US$20 million but there is a problem, those who might have benefitted from the out of court settlement must have walked away with millions of dollars close to US$157 million. We must ask serious questions in whose interest was that memorandum of understanding between Tullow Oil and Government of Uganda? Why has that Memorandum of Understanding been never made public? Was it a private or personal document and yet it was made on behalf of the people of Uganda?
So this so called Presidential Handshake is just a mirror of other handshakes and that is why it points back to the patronage. You see if that case had not been tampered with, the money it would have brought would have benefited the entire population, but because we are living in a patronage led economy the economic fortunes of many are shared with those who they know rather than what they know and can do for the whole country. The continual circumvention of the tax laws is abused in order to favour their group.
If you look at the way the list was generated the biggest number of the beneficiaries depend on the good will of their master and personal contacts within the group. You have seen that everyone is questioning how the list was generated but no law was followed in generating the list and so the same happened with the way they accessed public funds to reward themselves. That group of people have a problem with a well-functioning government and institutions, that would make it difficult for them to be able to circumvent the laws for their personal gains.
We live in a system that does not care about educational qualifications, that doesn’t care about hiring people on merit because of their skill-set, where institutions are led and controlled by a certain class of people and the socio-economic group that is interested in enriching themselves as opposed to serving the population. This group is behind the Presidential handshake on oil and their role is to cover up for the bigger handshake.
We must ask the real tough questions regarding our oil money. Over US$180 Million was stolen and that is what we should be looking for not just US$20 Million.

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October 3, 2016: Uganda Police Force blocks Forum for Democratic Change Party Offices ahead of Dr Kizza Besigye return in the country. Photo by Shawn Mubiru

 

Elections are an opportunity for the citizens of the world to appreciate those that have done well in their assignments in public offices to get re-elected or punish those that have failed to deliver as promised and expected by the electorate by voting them out of those offices. Elections put the voice of the citizen at the centre of policy formulation and implementation, but as we can see the adage of power belongs to the people in every constitution around the world especially in Africa it makes no sense anymore, elections are now rituals used by incumbents to usurp power at any cost. I will concentrate on Africa because this is where I call home and the problem has threatened peaceful handover of power and has now created dictators.

Elections no longer deliver the change for the citizens on the African continent, many countries stick with strong men or dictators as you may choose to call them, these men don’t believe that there is such a time when power can peacefully be handed over from themselves to another leader that successfully challenges the things as they are. That dream has not made sense to many of these strong men. These men prefer the power of the gun to the power of the people who come with the legitimacy to lead. They have continued to claim the popular mandate of the people but their heads are still hidden behind mean faced looking men with big guns, and armoured war trucks.

The story of our continent continues on with disappointed faces because of violence that dominates the rest of the positive side of this lovely motherland, because of greed and love for power.

We seem never to understand the lessons taken during the liberation struggles of our revolutionary men and women of our continent. We have failed as people to overcome greed that has contributed to the loss of the common good. We have forgotten that togetherness in societies led to growth and development we now practice divisions among each other and we have created classes within us and this has continued to undermine the  common good.

In my country Uganda leadership seems not to make sense at all to the led, those in positions of power seek to protect themselves from the ones they lead each day. Our Parliament now is the most guarded or secured institution in our country’s history. Gone are the days when you would easily walk to Parliament to catch the plenary of men and women who loved and did put Uganda first. Our electoral management system is still questionable by the political opposition and civil society that is why we have over 100 Parliamentary electoral petitions in the Court of appeal.

The 2014 National Consultation for Free and Fair raised a number question in our electoral system and the leadership, but the proposed then were all rejected by the Museveni administration.

In February 2016 Uganda went to elections, rejected by all they did not get a clean bill of health to declared them as called free and fair elections until now. Without discussing what really happened in the Presidential elections voices from different Civil Society groups under Women’s Movement are calling on the ‘appointing authority’ to give them a seat at the table so that they can take part in the same mess. With due respect, we have a problem with the way elections, the solution cannot be a new ‘saviour’ at Electoral Commission but reforming the entire management of our electoral system and how to conduct our elections. People should hate it or fear to talk about it, we have a rigged election in between us, we have a presidential candidate who is not free in his country. We have an illegitimate government armed against the people. The problems at hand can only go away when we are free  and choose to talk about the 2016 Presidential and Parliamentary election mess. We have to audit ourselves on what took place and forge a way forward that only puts Ugandans at the centre of all discussion making.

Uganda is heavily laden with a rigged election and a regime armed against its people. The future is bleak the economy is limping, social services are at its worst and with rampant corruption and an environment in a red alert.

Kampala Capital City Authority is becoming indolent to the level that is not surprising to anyone, it is time for me to come out with no gloves on and respond to this dictatorial tendencies seeming to be the order of the day in all authorities and government institutions.

This is because KCCA’s attempt to falsely prosecute innocent Ugandans is premised on its failure to enforce its mandate which is to evict vendors off the streets. The presence of vendors on the street is not by invitation of the innocent people, but the failure of KCCA to evict them.

By KCCA failing to do their job, they provide an alternative to the people who want access to humanely priced commodities rather than buy from the shops that are inhumanely priced.

Let me ask KCCA, when I buy from a vendor does that make me an accessory before the fact or after the fact?

My submission is that KCCA should and has the means to enforce the law to the letter, rather than circumvent the law and mask their failure by victimising innocent Ugandans.

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