Nirvana Institute

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WHO OWNS UGANDA MORE If you have been to a Cranes match before, you must have a fresh memory of the love the togetherness, warmth, respect for one another, I haven’t heard a crowd boo one of the players from the other …

https://donchrissite.wordpress.com/2016/03/06/the-ransom-is-always-democracy/

THE RANSOM IS ALWAYS DEMOCRACY Well I didn’t see the president’s people lose, neither did I see him write or read a concession speech. Actually the incumbent didn’t read one either. You see Mr. Besigye promised not to stand and …

Army MPs
Gen Katumba Wamala
Maj Gen Pecos Kuteesa
Lt Gen Ivan Koreta
Col Sam Oula
Gen Elly Tumwine
Capt Susan Lakot
Maj Flavia Byekwaso
Capt Evelyn Asiimwe

https://t.co/pPxyyHbQei

DE-MOCK-RERY OF PEACE AND DEMOCRACY Having the privilege of living for at least two decades gives one the honor of having been directly and indirectly involved in three selections under the Electoral Commission of Uganda; that have c...

15.2 million to vote in 2016 elections - EC. The ruling party, claims to have 10.2 million registered voters

BUJUMBURA - Vote counting was underway in Burundi Wednesday, the day after a presidential election marred by violence and international condemnation that is expected to see incumbent Pierre Nkurunziza win a controversial third term.

Members of parliament across the political divide are laughing their hearts out after mega manna fell onto them in form of cash.

PARLIAMENT

The manna in question is supposed to be on their accounts by the close of Wednesday this week though our sources in parliament told us that some of the members in other banks were supposed to get the millions by the close of yesterday.


Each Member of Parliament is going to pocket not less than shs100m.

“The last person to get his pay is that member whose account is in bank of Baroda. But those in banks like Centenary bank will by the close of today have their money.

The process to pay was meant to commence on Friday but it delayed because it was a public holiday,” our sources confirmed to us.

DETAILS

For some time now, parliament has allegedly been at loggerheads with finance ministry over fuel allowances.

Apparently, the members through those sitting on the budget committee have been clamoring for an increase in their fuel allowances.

It was a protracted war which bosses in the treasury have been totally against and didn’t want to endorse such an idea.

It even forced one of the bosses in the treasury to allegedly flee to China for some days in a bid to dodge the signing of the documents for payments.

As a plan to hit back at finance’s actions, parliament allegedly protested by rejecting the financial quarterly release until the top up for fuel had been included.

It was not so long ago that parliament finally won the battle and by last week, the payments had been started for preparations by finance ministry.

We were informed that by yesterday, the money had started going to members’ accounts and they are all itching to get it.

“I can assure you, we are very broke. Campaigns are in our necks. We have no money and this money is really a blessing to us. We expect it and it will do miracles to us,” a source told us and that in fact, several members were by yesterday making numerous orders for campaign posters.

When contacted for a comment, parliament clerk Jane Kibirige Lubowa neither confirmed nor denied our story.

She said that she had been away from office and therefore needed time to confirm the payments.

“I have to find out whether there is that payment. As far as I am concerned, I paid salaries but I need to find out,” she said on phone.

WHY THE PAYMENT

According to our knowledgeable sources, MPs have been claiming that the money being given to them for fuel is little yet the price for fuel per liter has risen since 2011 when they came to parliament.

The finance ministry continues to allocate shs2500 per liter since 2011 yet the prices for fuel have been going up.

It is for this reason that members are now demanding for compensation for their fuel allowances with each member now going to bag extra shs1300.

The calculation for this tactical ‘compensation’ is dating back in 2011 until the present day. It covers a period of five years according to our insiders.

“Each member expects not less than shs200m for this compensation. They are going to pay us in installments of three or two. But we are happy that we have finally got this money. It is really timely,” sources stated.

The proposed new counties
1. Agago North County
2. Orungo County
3. Lutseshe County
4. Kachumbala County
5. Bukomansimbi South County
6. Elgon County
7. Dokolo South County
8. Gomba West County
9. Kilak North County
10. Ik County
11. Bulamogi North-West County
12. Kabweri County
13. Kashongi County
14. Kibanda North County
15. Chua East County
16. Kole North County
17. Kanyum County
18. Butemba County
19. Kyaka South
20. Mwenge Central
21. Luuka South
22. Maracha East County
23. Kashari South County
24. Ruhinda North County
25. Tepeth County
26. Aruu North County
27. Buyamba County
28. Mawogola North County
29. Dakabela County
30. Ora County
31. Kibale County
32. Tororo North County
33. Kibale East County
34. Aringa North County
35. Aringa South County
36. Kigorobya County
37. Koboko North County
38. Bukuya County
39. Adjumani East County

New constituencies to widen EC’s Shs70b budget shortfall



Parliament.

With about five months to the general election, the proposed creation of 39 new seats in the 10th Parliament has widened the shortfall in the Electoral Commission (EC) budget.
This comes amid growing concerns from lawmakers and civil society activists who project that the deficit is likely to mess the 2016 roadmap.

We understand that although EC had planned for Shs272.46 billion in its 2015/16 financial year budget for electoral activities, the government only provided them with Shs202.39 billion, leaving the electoral body at the crossroads with a Shs70 billion shortfall as the clock winds down to February 2016.

On Wednesday, Local Government minister Adolf Mwesige tabled a motion for a resolution of Parliament to create 39 new constituencies amid complaints from members that their requests were not granted.

The legislators also demanded that the minister tables the list of the new municipalities.
However, the minister said Cabinet is yet to approve the creation of the new municipalities.

When contacted the other day, EC spokesperson Jotham Taremwa said: “EC is ready to organise elections in the new counties that Parliament will finally approve. Whatever shortfall of the budget the commission finds, we shall bring it to the attention of government to provide the required funds. We are confident government will do the needful.”

Although Mr Taremwa yesterday told us that the electoral body was ready to hold the elections in the new constituencies, Mr Mathias Mpuuga (Masaka Municipality), Mr Nandala Mafabi (Budadiri West) and shadow Finance minister Geoffrey Ekanya said the new counties would “add insult to injury”.

“EC budget for 2016 elections is going to rise yet they already have glaring shortfalls in their budget. This is going to mess things at EC,” Mr Mafabi said.

The Budadiri West MP added: “We would like the government to explain the criteria they used to create the 39 counties of 300,000 voters yet we have others of 800,000 voters but were left out. They are creating constituencies for political reasons yet the economy is in shambles.”

Sources close to EC told Daily Monitor that after factoring in the budget for organising elections in the 39 new administrative units, the budget for 2016 elections is likely to hit the Shs300 billion mark including an estimated Shs100 billion deficit in the 2015/16 budget allocation.

CCEDU to monitor DP Polls.

The Citizens' Coalition for Electoral Democracy in Uganda (CCEDU) has assigned five monitors to watch the polls during the Democratic Party National Delegates Conference due to take place at Katomi Kingdom Hotel, Garuga, Wakiso District from 23-26 July, 2015.

Is anyone out there? Does anyone draw breath in this country? Parliamentarians I presume you are still taking lessons on how to use your i pads that have been new for i don't remember how many years. Well am sure you need more lessons, even the whole next term might not be enough. If it were not so you would be updated on how a fellow MP was man handled the other day and you were pretending to be busy debating laws that don't help Ugandans but continue to put the country into the hands of a few! You should perhaps urge the law enforcers to respect the bad laws you pass. Because these bad laws are putting our country into hands of a few citizens that think they own this country more than the others.
Do our PARTISAN ASKARIS know article 1 of the constitution well? Of course yes, but it seems some amending would serve the very wanted purpose by the commander in chief.
What about section 3 of the PRESIDENTIAL act, what is happening to democracy fellow country men? Elders..Prof NSIBAMBI, Capt MIKE, Prof MONDo?? Say something, actually do something, am personally tired of raps.
What is freedom, where is the democracy in being a criminal and just aspiring for the 1st job of the country, actually being a leader other than a RULER? Sir.Kainerugaba you should aspire for the seat, you never know you might just be disowned. Let's understand that to agree & to disagree is a human right, do we have any right anyway?? Democracy is achieved through the rule of law, which law was last followed.... someone remind a neighbour. Yeah right, the POMA. Of all the crime in this country only that that disagrees with ARTICLE 1 is respected & favoured most. What happened to CONSTITUTIONALIS? People that are meant to address these issues are so busy fearing for there jobs at the age of 70+ and you wonder WHY their grandchildren are boarding planes to go be professional maids, actually most of them are legal advisors at the expense of there sleeping young and old tax payers that have gladly accepted being cowards over facing a brighter future;we prefer a slowly ' dimming' one. If i may ask, WHAT are you legally advising when the country and its 'unconstitutional' democracy is eroding steadily?
People who fought, we are really grateful but you should also return the favour and thank those that didn't fight, not with a bar of soap or kg of sugar for a vote that won't actually matter, they grew food and hid you for God's sake. Besides no one owns this country more than the other though some are the only ones with it's vision!
A nation must continue to pursue democracy, thanks Dr for your unending fight, did it really start anyway?? Transparency, accountability, constitutionality, this word 'democracy' where is all that in another RAP? When you haven't lost a friend or relative in an extra judicial act you always feel safe enjoying the spectator seat, but are you really SAFE? If you are, WHY should you hold a certain party's card for your job safety or family? These are the UPC tyranny days but in a different color. There are many questions i cannot answer but CAN YOU? Before you take that cold glass of water think of the substandard life around you, ...I didn't say yours! Then reflect on how best it would be improved in a few years if you played your part now. The urge for power is here, for once have sight or else peaceful transition of power will forever be that...a dream. The only day the Britons passed on the powers to our fellow black masters we freely and cheaply sell our rights to. If you have lost hope, do it for those with a little hope.
Let's speak and be heard, let's fight for power.
For God and my country.

NRM legislators kick out Opposition poll reforms


Parliament- Ruling party members on the Legal and Parliamentary Affairs Committee yesterday threw out proposed constitutional reforms presented by the Opposition and civil society activists.

Months ago, the Opposition had proposed that Article 60 of the Constitution be amended to provide for an Independent Electoral Commission to sanitise the electoral process ahead of the 2016 election.
However, the NRM MPs on the committee rejected this idea and other Opposition proposals and instead adopted the government proposal to change the name of EC to Independent Electoral Commission (IEC). They have also agreed that a Member of Parliament expelled by his or her own political party, should lose his or her seat in Parliament.

Members who attended a committee retreat at Century Hotel in Kamuli District, from Monday to Saturday told Daily Monitor yesterday that the meeting ended in “sharp disagreements” after the National Resistance Movement (NRM) side disregarded proposals from the people who appeared before the committee but only maintained the government amendments in the draft Bill.
Mr Stephen Bakka Mugabi, the vice committee chairperson, last evening confirmed that the committee report was ready but declined to comment on the accusations that the NRM MPs had “ganged up” to throw out the Opposition views.

Mr Stephen Tashobya (Kajara), the chairman of the committee, yesterday also said: “We considered everything but I cannot give you the contents of our report before it is tabled in the House.”

Daily Monitor understands that Opposition MPs on the committee, led by Shadow Justice minister Medard Sseggona, were drafting a minority report to counter what the Leader of Opposition (LoP) in Parliament, Mr Wafula Oguttu, yesterday called “a stupid report”.

Mr Oguttu yesterday confirmed that the Opposition members were drafting a minority report on The Constitutional Amendments Bill 2015 and mobilising their supporters to come to Parliament and demand for meaningful reforms.

The LoP also pointed the finger at President Museveni, whom he accused of arm-twisting the committee to have his way in the proposed constitutional amendments. The committee report is expected to be tabled in Parliament today.

Mr Tashobya said he was not aware of the President’s meddling in the affairs of the committee work and insisted that those drafting the minority report were free do so since the Parliamentary Rules of Procedure allow them.
Though heavily outnumbered, Opposition had promised to wage a serious battle in Parliament over The Constitution (Amendments) Bill 2015, which they described as a travesty of democracy.

When contacted yesterday on the accusations that the President had interfered with the work of the committee, Presidency minister Frank Tumwebaze said Mr Museveni was not an MP and therefore not a member of the committee.
The government’s proposals, in effect, increase the President’s sway over the EC and fall far short of what the Opposition had hoped would be a process that would ensure a truly free and fair election next year.

Although the electoral body would take on a new name, the President will continue to appoint the commissioners with the approval of Parliament.

OPPOSITION PROPOSALS
• The Current Electoral Commission disbanded and a new body called the ‘Independent Electoral Commission’ replace it.
• The selection of commissioners and staff of a new electoral body should follow a process of open application, public hearings and scrutiny conducted by the Judicial Service Commission.
• Commissioners would serve for a guaranteed one, non-renewable seven-year term.
• Any removal of a commissioner should follow the same criteria applied in the removal of a High Court judge.
• Presidential term limits be reinstated in the Constitution.
• Provide for a running mate for the President.
• Voters should be empowered to challenge the presidential results.
• Increase time given to challenge the presidential elections from 10 to 21 days.
• Supreme Court delivering the judgement after the elections should be revisited.

OTHER GOVERNMENT PROPOSALS
• Government wants to amend Article 144 of the Constitution to increase the retirement age from 70 to 75 years in the case of Justices of the Supreme Court and the Court of Appeal and from 65 to 75 years in the case of judges.
• The amendments also propose corporate status for the Inspectorate of Government and the establishment city land boards.
• Set up a Salaries and Remuneration Board and other related matters to set salaries for civil servants and public officers, including MPs.

President Yoweri Museveni has dropped Prime Minister Amama Mbabazi from Cabinet replacing him with Health minister Dr Ruhakana Rugunda .
In a letter written to the Speaker of Parliament Rebecca Kadaga, President Yoweri Museveni said that by the virtue of powers vested in him by the constitution of the country, he has appointed Dr Rugunda with immediate effect as the Prime Minister of Uganda.
In the letter copied to the Head of Public Service and Amama Mbabazi, the President commended the ougoing Prime Minister for his service to the country.The new Prime minister will wait for approval by Parlaiment .
Rugunda, who has been a key figure in the cabinets of President Yoweri Museveni, took over the health portfolio replacing Dr Christine Ondoa who was dropped from the cabinet. Prior to the health ministry he had served as Uganda’s Permanent Representative at the United Nations, from January 2009 until May 2011.

Fear is growing in Rwanda as top
members of the military are
arrested and ordinary people
disappear. President Kagame
appears to be determined to stifle
all opposition. Human rights
organizations are alarmed.
About a month ago, in late July
2014, Rwandan president Paul
Kagame reshuffled his cabinet. He
said a reorganization would bring
about a better working climate and
promote development and wealth
in the East African country. The
move triggered a series of events
which quickly attracted the
attention of international human
rights organizations...
m.allafrica.com/stories/201408290441.html/?maneref=http%3A%2F%2Fallafrica.com%2Fview%2Fgroup%2Fmain%2Fmain%2Fid%2F00032319.html

Rwanda: Increasing Arrests and Disappearances Rattle Rwandans [Deutsche Welle] Fear is growing in Rwanda as top members of the military are arrested and ordinary people disappear. President Kagame appears to be determined to stifle all opposition. Human ...

The prime minister of the
southern African kingdom of
Lesotho has fled to South Africa,
alleging a coup by the army and
saying his life is in danger.
Speaking to the BBC, Thomas
Thabane said he would return from
South Africa, which surrounds
Lesotho, "as soon as I know I am
not going to get killed".
Reports say the capital, Maseru, is
now calm after soldiers seized
buildings. The army denied staging
a coup.
Lesotho has seen a series of military
coups since independence in 1966.
Mr Thabane has headed a unity
government since, but suspended
parliament sessions in June amid
feuding in his coalition.
He denied accusations that his
actions had undermined his
government.

Our MPs have been bailed out by
our dear president with Shs 41.2bn
(most likely public money) to sort
out their indebtedness.
Each MP is to get (some have
already got) between between Shs
110 million and Shs 130 million to
clear their debts. With Parliament
having 375 MPs (excluding the ex-
officio), Museveni looks headed to
pay out at least Shs 41.2bn.
Never mind that last week, UNDP
released the Human Development
Report 2014 that ranked Uganda at
a lowly 167 position out of the 187
countries assessed. The report only
reaffirmed what we all already
know about the poor service
delivery in this country.
Uganda’s referral national hospital
has now seems to have shifted to
Nairobi Hospital since the medical
services at Mulago Hospital can’t be
trusted anymore by those who can
afford better.
If, like it is often said that a society
get leaders it deserves, then what
is that Ugandans did to get the
leaders they have?

International Scene Update: Deadly Attacks Hit Kenyan Coast. More than a dozen people have died in two simultaneous attacks on the Kenyan coast. The identity of the perpetrators remains unclear, but al-Shabab militants from Somalia have carried out other attacks in the area.

The Kenyan Red Cross said on Sunday that at least 13 people died in two separate gun attacks overnight on Saturday.

In a statement on Twitter, the Red Cross said gunmen killed four people in the trading center of Hindi in the district of Lamu, and that nine more people were killed in another attack in the Gamba area of Tana River county.

No group has yet claimed responsibility for the attacks.

The attack in Hindi took place in the coastal region where some 65 people were killed in two attacks last month. Islamist al-Shabab insurgents from neighboring Somalia claimed responsibility for those attacks, one of which occured in the town of Mpeketoni and the other in a nearby village.

Kenya has seen a spate of gun and explosive attacks since deploying its troops to Somalia in October 2011 to fight the al Qaeda-linked group.

Hello our beloved Ugandans, Our very 1st issue is in the pipeline, have your say on any event, issue, failure of your mp or ugandan parliament or EALA, send in your article to ([email protected]) anytime from now, we be so fine to get back to you

Gmail Gmail is email that's intuitive, efficient, and useful. 15 GB of storage, less spam, and mobile access.

Another MP In
Deadly Accident
Police are investigating circumstances
under which Oleru Huda, the woman
Member of Parliament Yumbe district,
got involved in a life-threatening road
accident on Tuesday morning at
Bamusutta village in Nakasongola
district.

these rising terror attacks on our nbours mean alot...SUMTHING has to be done.

The United States has cancelled a
regional military exercise with
Uganda, cut funding for a Uganda
police programme and imposed
travel bans on Ugandan officials
involved in “serious” human rights
abuses and gross public corruption
in response to the passing of the
anti-homosexuality law.

NRM Deputy Chief Whip & Ndorwa
West MP David Bahati speaking to
the press in reaction to news of
USA aid cuts to Uganda. USA has
cut $5.4m dollars of direct aid to
Uganda over passage of the anti-
homosexuality law. Bahati was
chief sponsor of the law. Bahati
says, "The statement by the US
government is absurd. These
people are only contributing 19%
to our budget. We cannot let 19%
wash away our culture by allowing
a man to sleep with a fellow man
and a woman marrying a fellow
woman. The decision we took as
parliament still stands. We aren't
going to be intimidated."

Sam Kutesa has just delivered his
acceptance speech as the next
president of the 69th session of the
UN general Assembly

MPS APPROVE changes to Standing Orders allowing Cabinet Secretaries to face MPs directly and answer questions from floor of the House.

Ugandans Must Embrace Politics Of Logic And Civility

Honest and respectful debate is not Uganda’s core strength. The tendency to dismiss and blackmail each other – to just win political arguments is a culture that continues to dominate most of pre and post-independence Uganda.

Concrete debates on ideology, philosophy, science and transformation are losing grip.



Universities like Makerere where heated intellectual debates that used to shape Public Policy in East Africa have gone mute.



Legacy stories about the sharp Professors Akiiki Mujaju and Samuel Rubaraza Karugire are now a subject of legend and largely nostalgic. Although one of their ilk Prof. M. Madman is once in a while around- the steam of logical and concrete debate is waning. Now the chaotic social platforms have taken over, where discipline is really person to holder.

Well, these are social and not academic platforms! But yes, academics can find space to sanitize these platforms. But the bigger picture is that our leaders and those aspiring to be our leaders must promote and engage in politics of logic and veer from innuendos, rhetoric and partisan jibes.



Ugandans are a decent people that appreciate logic. Long gone are days when our politics were driven by sectarian diatribes, provincialism and partisan hatred. It is okay to disagree- but we must respect each other. I therefore argue young professors in our Universities and other young citizens in other professions who cherish logical debate and are on right course to continue the course and perpetuate these ideals in their spaces.



You may for example disagree with Democratic Party President Norbert Mao’s positions and sometimes pokey views, but it is always a pleasure to listen to him. This is because; he mostly attempts to drape his arguments in facts and context. When Brig. Noble Mayombo died, chills covered Uganda. You did not have to agree or know him in order to like him. His silver tongue studded with policy commentary and sharp ears awed some us.



He excited and inspired us with his intellectual curiosity and agility. I, for example, engaged in deep conversation with Brig. Noble Mayombo in early 2006 on why Uganda’s economy should be private sector led.



He for example argued that we should let private businesses and individuals do as much as possible because since they risk their own money; they have a much stronger incentive to invest wisely. He also argued that private individuals and businesses are more likely than state bureaucracies to abandon unsuccessful ventures.



He affirmed that the role of state as a regulator is important. I left the discussion convinced about Uganda’s economic strategy although I now think that too much and unfettered capitalism can leave many people behind and be less inclusive.

Inclusive growth

Perhaps one of the things we should start a discussion on is inclusive growth and the level of involvement the government of Uganda’s should partake in economic consolidation and prosperity while allowing private sector to flourish.



The master of political manoeuvre in our history was Uganda Peoples’ Congress (UPC). Old stories are told of how UPC had 99 tricks! Do we want to go back to Twariire politics of UPC? The young generation will be at a loss if we allow those to be the rules of the game. Can we stand up to jointly advocate for clean and logical politics?



I believe what Ugandans are most hungry for in politics right now is authenticity – and that cannot be presented through overt or covert scheming but rather through ideological depth, sober articulation, exemplary and action based leadership.



Ultimately, we should trust the judgment and decency of Ugandans and abandon assumptions as conveyed by some in wider media and political corridors that manoeuvres and maximalist schemes determine governance in this Country.



It is time for actors in our politics at all levels to make a case for concrete public policies and ideas that can make all of us succeed.



Ugandans are listening and will reward individuals and groups that cherish logic over partisan spin and misinformation. Politics of trickery, scheming and sloganeering will no longer pass as an acceptable form of debate in this Country. Eamon de Valera (1882-1975) said “I shall strive not to be guilty of adding any fuel to the flames of hatred or passion”.



We can indeed learn a lot from Eamon de Valera.

Morrison Rwakakamba

Special Presidential Assistant – Research and Information



[email protected]

Tumwebaze: Understanding Opposition Rhetoric on Electoral Reforms, rigging

As usual our opposition groups are beginning to look for scapegoats to try and justify their impending loss in the forthcoming 2016 general elections after failing to offer superior alternatives relevant to the population.
By Frank Tumwebaze Presidency Minister,

What they fail to comprehend is that political work is very scientific. It's not about how "smart" one postures or schemes for short term political convenience, but its rather on how relevant one's political mobilization is to those whose support he/she seeks to win.



For political mobilization of any contender to be relevant, it must dispense a message of hope and offer realistic solutions to people's livelihood challenges.



It cannot be sustained around quarrels and squabbles of personal ambition driven by rivalry and envy. That is why it's no longer exciting to tell Ugandans that Museveni has stayed for long. So what about it?



They have ever witnessed moments when Uganda was changing leaders the way human Beings change their dressings and nothing progressive was achieved. The message of mobilization therefore has to be relevant to what affects every one’s day to day life. This is where NRM scores against all the odds of propaganda and negative publicity in the media it faces all through.



After every election our colleagues only concentrate on demonizing one man called President Museveni instead of carrying out a genuine political audit on their own political capacity. They continue to leave in denial. They fail to understand that by spending so much time only dreaming of a Tahrir square uprising in Kampala and struggling to lure youth to engage in “street protests”, only serves them to capture short lived media headlines, but does not in any way build for them a strong political centre of gravity where common interests of majority Ugandans can coalesce and thus win their substantial support.



And for that reason the political geography of the country remains the same without themselves seizing any new territory of support. Independent opinion polls have time and again proved this fact.

Political reforms

Our opposition groups, however, led mainly by Dr Besigye, and fully aware of all these political realities in as far as their political ratings stand; have resorted now to looking for scapegoats.



They trade mainly on two "cover" stories. I call them cover stories because they are not real. They are intended to be used as cover ups for their glaring political weaknesses. The first one is they are vigorously trading in the so called electoral reforms campaign.

Ideally that would mean that they have a set of proposals suggesting either policy or legal reforms. And these would be specific with clear justifications for the different mandated arms of government to look at and consider.



Unfortunately these so called reforms are not anywhere articulated. It’s all about one and only one obsession of theirs: Museveni and Museveni nothing else. To them electoral reform means removing Museveni. One wonders whether beyond their anti-Museveni agenda, they have anything else crucial to offer to Uganda’s development trajectory. This eventually renders their whole crusade illogical. For example they talk of disbanding the Electoral Commission; a body created by the constitution and appointed with the approval of parliament.



One wonders how and who will disband a constitutionally provided for body? If they want to amend the Constitution and perhaps propose a diffident procedure or criteria of appointment of members of the Electoral Commission let them come up with concrete proposals contained in a formal bill to Parliament such that their proposals are subjected to rigorous scrutiny as is always the procedure.



But to dream and push for unconstitutional methods to bring about what they want is not only unreasonable but also unacceptable. When you ask them for a better frame work they clamour for, nothing substantive and serious is put forward. Yet the political frame work we are running is part and parcel of our constitutional order that Dr Besigye and others participated in making during the CA.

If indeed their call for electoral reforms was real, one wonders why they don't support genuine reforms like the national identity card registration exercise that will put to a complete stop all cases of multiple registrations and therefore multiple voting. Why are they vehemently opposed to such initiatives that will help to build an irregularity proof-electoral system, if they are serious political actors of integrity?

Supreme Court ruling

Their second political cover story equally traded most is this “famous" lie told time and again, by both those who know the truth and those who speak out of ignorance; that the supreme court twice confirmed that elections were rigged and that only judges spared annulling the results on the just mere technicality of the substantiality test. Of course this is not true. Of all, I was recently astonished by retired justice Kanyeihamba for going on record at a national debate organized by the civil society echoing the same falsehood. I took serious exception to not only the inaccuracies the retired judge presented in regard to this story of the Supreme Court rulings; but also the way he was seriously contradicting his own earlier rulings on the same and which are on record.



The facts however are available.

In 2006 Besigye challenged the results of the Election in what is known as Election Petition No 1 of 2006. In order to cancel an election you must (under S.59 of the Presidential Elections Act) show that there were irregularities which affected the result in a substantial manner or that a candidate has personally committed an electoral offense. So the "substantiality test" is not a creation of the Supreme Court. That is the first to understand.



What happened in the Petition?



Besigye tried to argue that the substantiality test was a violation of the Constitution which said the only standard is that the election must be free and fair (Article 1(4)). All seven judges disagreed (including Kanyeihamba) and held that the Presidential Election Act does not violate the Constitution. I therefore invite the retired judge prof Kanyeihamba to go back and read that judgment his own piece inclusive.



The Allegations



Besigye made a number of allegations. Basically he said that the election was not free and fair and that a number of irregularities affected the result in a substantial manner to his disadvantage. He also said that Candidate Museveni then, had personally committed illegal acts like bribery and had also defamed him by calling him (Besigye) a musezi at a campaign rally in Arua. All the irregularities cited were clearly explained in the judgements and could not in any way point to the fact that the election was rigged. Though alleged by Besigye, they were not proved and so they collapsed.



Rigging literally means that one party actually stole the votes at the expense of the other. No judge confirmed this. The magnitude of each of the irregularity raised, including those that were even proved was determined and explained by the judges. It had nothing to do with NRM or President Museveni. And there was no direct causal link established by the court between their effect and Besigye's loss. If the effect was there, it affected both sides. I can delve into some of the cited irregularities and show what the court said;



1. Disenfranchisement of voters: The majority found that about 150,000 people were removed from the Register. The circumstances are that after registration there was a display period for the voters register. Names were removed by parish committees. The Supreme Court found that the procedure used by those committees was somewhat erroneous. Justice Katureebe said that although the procedure was not followed there was a lacuna in the law. And so the irregularity was systemic and not a creation of neither of the parties.



The judges found no evidence that this was a deliberate plan by NRM to remove FDC supporters from the Register and there was no proof that the majority of people removed were Besigye supporters. Odoki held that even if they were, surely would 8 Million people be forced to vote again on account of 150,000 missing names? And in any case, if the 150,000 votes of those who did not vote were to be donated to Besigye, would that make him victorious? Just simple logic. Certainly not. Overturning the choice of the people therefore should be based on more than that.



2. Failure to cancel results where malpractices had occurred in Kiruhura, Palliisa and Manafwa. While this was alleged, the Court found no evidence to support the allegation that there were gross malpractices in Manafwa and Kiruhura. In Palliisa where the court established malpractices, the results in those particular constituencies were cancelled.



3. Failure to declare results in accordance with the law: The majority judges however dismissed this claim.



4. Bribery: The court found bribery had occurred in some parts and that some agents of both parties (NRM and FDC) were involved but on the evidence they rejected the idea that there was "nationwide bribery" that rendered the entire process not free and unfair.



5. Multiple voting and Ballot Stuffing: A solider called Barigye claimed to have voted many times. However his evidence was so contradictory that Katureebe called it "too coloured to be relied upon". However they found evidence of ballot stuffing in Palliisa to be true but the results of the election in the constituencies in Palliisa had been cancelled by the Electoral Commission.



6. The court also looked at reports of election monitors. The Observers found the Electoral Commission had displayed significant improvement in the conduct of the elections. The reports showed "exaggerated nature" of Kizza Besigye’s evidence. The court said Besigye should not plead his case in "terms and synonyms" but his case must be "precise, specific and unambiguous".



Sampling

The DEMGROUP which had agents in 69 districts used a scientific sampling method that came to the same conclusion as the final result. So how could Kiiza Besigye then finally claim to have been rigged out and those results were doctored at Basima House?



All his allegations were however denied. The President then said that it was Besigye instead who had defamed him in Arua by alleging that he (President) killed Ayume.



The Decision

By majority of four to three the court held that the irregularities did not affect the result in a substantial manner. By majority of 5-2 (the 5 include Kanyeihamba JSC) it was held that President Museveni did not commit any offenses as alleged by Besigye.



What did this mean?

By reading court judgment in full, it becomes evidently clear that Besigye didn't have any strong case, the deliberate misrepresentations of the court judgement over time, notwithstanding.



For example, Justice Katureebe said that even if one voter was removed from the Register it would be a violation of the law. He however, paused; would that be sufficient to cancel an election? He said that you cannot cancel an election based on evidence that is "flimsy, exaggerated and consists of outright lies."



He then evaluated the evidence of Besigye and said that while there had been instances of systemic irregularities, he concluded that the election held reflected the will of the people who turned up to vote and that he would not interfere with the peoples' exercise of their discretion.



In his ruling Justice Katureebe further cited examples that exposed glaring falsehoods and contradictions in Besigye's pieces of evidence. Like the case of Farida Nagawa, an FDC supporter who alleged she was arrested and dumped in a cell with 400 people in Mbarara on polling day.



The judge did not believe that there was a cell that could accommodate 400 people in Mbarara. Farida then claimed that at 4pm Edith Byanyima got her released from that cell of 400 inmates in Mbarara. The judge further pointed out that Ms. Edith Byanyima had stated in her own affidavit that by that exact time of 4pm, she was at Kiruhura Polling Station almost 100Kms away. So how then could she have been able to help Farida get released at the same time yet they were in two worlds apart? The lies couldn't add up!!



Odoki CJ held that; there was substantial compliance with the law and said "the elections though with some shortcomings enabled the will of the people of Uganda to be expressed and the results of the election reflected the wishes of those who were able to vote and who were the overwhelming majority.



This means in effect that the irregularities did not affect the results in a substantial manner. 1st Respondent (Electoral Commission) exhibited significant improvement in the conduct of these elections, which were the first multiparty elections since 1980, and also the first time the Presidential and Parliamentary elections were held on the same day."He noted



Kanyeihamba in his dissenting minority opinion found that the substantiality test was wrong. He said that as long as there was illegality it should be enough to cancel an election, no matter the magnitude and the responsible actor. In his wisdom, he found that both Museveni and Besigye had rigged and when he put this to Besigye, his lawyer argued that for them they are allowed to rig. After all they lost.

Errors

The irregularities detected therefore were largely due to system errors and non compliance of different actors (agents, supporters, electoral officials) and these affected all contending sides but couldn't in any way fail the process to determine the winner.



That is why anybody serious about fighting electoral fraud and malpractices of any form must support initiatives like computerized registration of all eligible voters to totally seal off any loopholes.



Such system errors however advanced a country may be in terms of technology, will manifest themselves anywhere, no matter the level of readiness. What matters is the will on the part of all the contenders to acknowledge and scientifically address them. But they cannot fail the intention of the voters to be known.



Frank Tumwebaze, MP



Minister in Charge of the Presidency and Kampala City