Gen Tumukunde, Gen Okecho, Col Bantariza finally retire from the army

By Joan Pounds

Three serving Uganda People’s Defense Forces (UPDF) including Deputy Executive Director Uganda Media Centre, Col Shaban Bantariza and Lt Gen Tumukunde have been retired from the army. 

The other officer is Lt. Gen Frederick Okecho.
The three officers’ retirement was announced at a ceremony in Mbuya Army barracks that was presided over by the Chief of Defense Forces (CDF) Gen Edward Katumba Wamala on Monday.
Tumukunde’s retirement comes just weeks after President Museveni promoted him to the rank of Lieutenant General early this month.

Lt Gen Tumukunde, also former Director General of Internal Security Organisation (ISO), skipped the rank of major general in the promotion that was seen as reconciliation between him and President Museveni after falling out of favour with the establishment in 2005.

He was forced to resign as army MP after he openly expressed his opposition to the lifting of presidential term limits from the Constitution to allow Mr Museveni run for a third term. 

Early this year, Col Bantariza accused the former Chief of Defense Forces (CDF), the late Gen. Aronda Nyakairima, of masterminding his arrest and prosecution because of the trust President Yoweri Museveni has in him. 

Col. Bantariza had been arrested, charged and remanded over fraud-related offences while still the Director of National Leadership Institute (NALI).

He had been charged with seven offences which included misappropriation of resources, forgery, conspiracy to defraud, ill treatment of subordinates and misconduct.
However, on April 14 this year, the General Court Martial chaired by Maj Gen Levi Karuhanga acquitted Col Bantariza on grounds that prosecution failed to prove a case against him.

Two months later, President Yoweri Museveni re-appointed Col Bantariza as Deputy Executive Director Uganda Media Centre.

Officer waiting
The army is yet to retire former intelligence Chief David Tinyefuuza, who returned from exile and is now a critic of government although he is viewed by some sections of society as a mole.

UN rights chief warns over upsurge in Burundi killings

By Estella Jones

Geneva - The UN human rights chief warned on Monday that Burundi risked sliding back into civil war after a dramatic rise in killings, arrests and detentions in the troubled east African country.

Almost every day, dead bodies are found lying on the streets of some of Bujumbura's neighbourhoods," Zeid Ra'ad Al Hussein said in a statement.

In many cases, the victims appear to have been killed by a bullet fired at close range. The bodies sometimes show signs of torture and are typically found with their hands tied behind their backs," he said.

Zeid noted that many of the victims had reportedly been arrested by police of Burundi's National Intelligence Agency (SNR) before their deaths.

Discredited elections

"This succession of unexplained killings, and the widespread perception that they may be linked to state institutions, is instilling a deep sense of fear within the population, especially in neighbourhoods known to be supportive of the opposition," he warned.

Burundi, in the heart of a region that has been one of the world's most volatile over the last three decades, has been gripped by unrest since April surrounding a violent and discredited election.

President Pierre Nkurunziza won a highly controversial third term in July in polls boycotted by the opposition and denounced by the United Nations as neither free nor fair.

His re-election bid sparked an attempted coup by rebel generals and months of civil unrest led by opposition groups, who condemned it as unconstitutional.

The government accuses those who took part in the protests against his third term of "insurrection".

'Absolute impunity'

Since April, Zeid's office said it had registered 134 killings, more than 90 cases of torture and hundreds of cases of arbitrary arrest and detention, including 704 arrests this month alone.

"We have also been receiving many allegations of torture carried out by the police or the SNR, with the reported aim of forcing victims to confess to participation in an armed rebellion," Zeid said.

"The perpetrators of both torture and killings appear, to date, to have enjoyed absolute impunity," he lamented.

Zeid stressed that because such serious crimes are going unpunished, "more people are looking to take the law into their own hands".

There is an increasing risk that spiralling tit-for-tat violence will plunge the country back into its bloody past," he warned.

Burundi's civil war killed at least 300 000 people from 1993-2006 and sporadic violence has continued since, with fears mounting of a renewed conflict, which could have ripple effects throughout the region.

Zeid also said search operations had intensified across Burundi aimed at seizing illegal weapons, and that in Bujumbura, police now often surround specific neighbourhoods, blocking all entry and exit points to carry out the searches.

Given these searches sometimes continue for several days, this method raises serious concerns with regard to freedom of movement," he said, also noting "consistent accusations" of looting and destruction of property by police during the searches.

Bukonzo East MP Bihande Has Lost His Seat In Parliament.

Bukonzo East Member of Parliament Yokasi Bihande Bwambale has lost his seat following a Constitutional Court ruling.
The same court also ordered the Kasese MP to refund all the salary and allowances he has been drawing since he was convicted by the Anti-Corruption Court two years ago for uttering false accountability regarding the funds he received from Parliament to develop his constituency.
In a unanimous decision of the court, the panel of five justices led by Deputy Chief Justice Steven Kavuma on Monday ruled that from April 3, 2012, Mr Bihande should have stopped receiving a monthly salary and allowances since he had ceased being an MP.

“The second respondent (Mr Bihande) shall vacate his seat in Parliament immediately. His seat in Parliament is declared vacated,” ruled the justices.
The justices added: “from the 3rd day of April 2012 when the 2nd respondent (Mr Bihande) was convicted of offenses involving dishonesty and moral turpitude, he ought to have ceased to receive any salary, allowances and any other emoluments and privileges accorded to a Member of Parliament having ceased to be an MP….”
The other justices on the panel were Eldad Mwangusya, Richard Buteera, Prof. Lillian Tibatemwa and Fredrick Egonda Ntende.

Further, the court ordered Mr Bihande, the husband to Kasese District Woman MP Winfred Kizza to pay all the costs that the petitioner, Mr Fred Police Busige, a concerned voter of Bukonzo East constituency used in successfully pursuing this petition.

In 2012, the then Anti-Corruption judge Catherine Bamugemereire convicted Mr Bihande after he pleaded guilty to embezzling Shs20m and forging accountability for the constituency development funds (CDF) that he received before uttering false accountability to the chief accountant of Parliament.
He was sentenced to a fine of Shs1 million or two years in jail in default for the charge of uttering a false document and to a fine of Shs2m or in default be imprisoned for three years.
The MP opted to pay the fine and he regained his freedom.

I’m Coming Home; But not Like Kyakabale, says Col Mande.

By Estella Jones

Former commander of the dissolved rebel group People’s Redemption Army Col Samson Mande has once again hinted on his impeding return to the country, once shown green light by the regime. 

Mande, who has been in exile in Sweden after his rebel group was defeated by the UPDF in the DRC, said today that he is ready to hold talks with government on his return. 

Mande said at the beginning of the year, that he would be in the country by the close of last month [July].

Last week there were rumors that he had discreetly returned to Uganda, which he refuted as false. 

Today, Col Mande revealed that he would by all means return to his home country and that he was prepared to discuss with government on the terms. 

This he said however, he would do on condition that he is not compelled to join the ruling government which he has critiqued for about 2 decades. 

He said he doesn’t want to follow in the footsteps of his former colleague in the PRA Lt. Col Anthony Kyakabale who was pardoned by the President in March this year. 

Kyakabale is currently drumming support for President Museveni in the south western region. 

“I am willing to discuss any matter with the government as long as they don’t force me to join NRMO as Kyakabale,” stated Mande. 

“I am not jobless here so am not under economic duress like Kyakabale was. I have my own projects and property in Uganda so I need no government job or help.” 

He added, “I want to come and offer solutions or be part of the ongoing struggle for the political social economic challenges my motherland is going through.” 

President hires SMS company for Campaigns

By Estella Jones

Kampala. After picking nomination forms to run for NRM party chairman and presidential flag bearer in the 2016 election, President Museveni has hired a bulk-sms company to push his campaign messages to Ugandans explaining his candidature.

According to a statement addressed to Uganda Communications Commission (UCC), the messages will be in both audio and text.
Mr Silva Musubika, the executive director SMS Empire, the company that has been hired, confirmed the deal and said his team had started the job.

We started work on Sunday and we hope to complete by Friday (August 7),” Mr Musubika said.

The UCC spokesperson, Mr Fred Otunnu, said the commission had received the letter and noted that the company (SMS Empire) is aware of terms under which certain messages are disseminated.

The messages should be at no cost to the receiver and should have opt out options to those who don’t want them, if that is breached, of course, we will take action” Mr Otunu said.
Mr Don Wanyama, the special media assistant in the office of the NRM national chairman, confirmed the development and said the messages would be sent to all Ugandans.

It is true the message is from the chairman (President Museveni). It is a summarised message from the statement he made after picking his nomination forms last Friday,” Mr Wanyama said.

The message

The message which Daily Monitor has seen reads: “Owing to NRM achievements especially bringing peace, the historical league and party structures seconded me to pick nomination forms for NRM chairman and presidential flag bearer 2016 with a mission of leading Uganda to a middle income country by 2019. My fellow Ugandans, join me on this great and rewarding journey. Thank you for the support and trust. Yoweri K Museveni”

Cabinet Gives Up on Electoral Reforms Clause

By Joan Pounds

Cabinet has given up on one of the main clauses in the Constitutional Amendment Bill 2015 commonly known as the Electoral Reform Bill, which is focused on changes in the electoral process. 

The long awaited Bill was only introduced in Parliament by government through the Attorney General on 30th April 2015, a few months before the Electoral Commission issued the road map for the coming general elections of 2016. 

Although the electoral process ahead of 2016 has already started, the Bill seeks to amend some of the articles in the 1995 Constitution including the name of the EC, the appointment procedure of EC commissioners, crossing from one political party to another, minimum requirement of judges of different courts and introducing salary review commission.

The committee of Legal and Parliamentary Affairs that was charged with the duty of scrutinizing the Bill finalized their work last month and it is currently being debated though opposition members in the same committee disagreed with the main report and authored their own. 

It has now emerged that Cabinet that passed the Bill before it was introduced in Parliament has agreed and withdrawn clause 4(1)(g) which sought to amend article 83 (g) of the constitution. 

Article 83 (g) says any Member of Parliament that crosses from his or her political party to another party should vacate and his or her seat be declared vacant. The Bill wanted to undo the restriction and give opportunity for those who want to cross freely do it before the end of their term. 

The clause became very contentious since the interpretation of article 83 (g) is currently before the Supreme Court in a case between the four rebel MPs and the National Resistance Movement automatically making it prejudice for Parliament to debate the matter. 

The four MPs including Theodore Sekikubo, Barnabas Tinkasimire, Mohamed Nsereko and Winfred Niwagaba were expelled from the ruling party and asked to leave the house. 

Speaker of Parliament, Rebecca Kadaga however disagreed with the Attorney General which compelled him to challenge and win the win the decision in the Constitutional Court. 

The four MPs appealed at the Supreme Court that overturned the ruling returning them back to Parliament. 

The debate on the Constitutional Amendment Bill was halted at Parliament awaiting another interpretation from the Attorney General who had asked for time to consult with Cabinet. 

Debating resumed on Monday when it became clear that Cabinet has given up on the clause and withdrawn it. 

During the same debate on Monday, MPs like Tinkasimire and Nalubega Mariam (Butambala women) asked parliament to adopt some of the proposals that were made in the minority report by opposition members Ssegona Medard and Paul Mwiru to restore the term limits for the president to redeem the image of parliament because there were allegations of bribery to lift it. 

Meanwhile Budadiri west MP Nathan Nandala Mafabi who is also the Secretary General of FDC asked his colleagues to be careful in scrutinizing the bill so that what they decide do not catch up with them because 70 percent may not return. 

I hope Kagame ‘defies’ masses on term limits

By Estella Jones

The people of Rwanda are demanding that the Constitution be amended to allow President Paul Kagame stand again in 2017.

It is easy to find this demand on the streets of Rwanda’s capital, Kigali. But you will also find opposition, albeit in hushed tones. 

The debate is raging. The person whom it concerns the most, Kagame, insists the debate must go on. Part of the debate has turned on the very prohibitive wording of Article 101: “…Under no circumstances shall a person hold the Office of the President of the Republic for more than two terms.”

Recently, more than 3.5 million signatures were presented to parliament, which last week voted overwhelmingly to start the process of amending the Constitution. It’s quite evident that only one outcome is likely – article 101 will be deleted or changed to read differently. 

Other than a complete deletion of the two-term limit provision, one option being floated is to insert a clause providing for a referendum on a third term for a specific leader. One way or the other, it is a foregone conclusion. Here is why. 

On Wednesday, I interviewed the chairman of the Social Democratic Party (PSD), also minister for natural resources, Dr Vincent Biruta. This ministry, like most government offices in Kigali, is housed in a plush building with a corporate outlook and clear signs of an evidently-functional public body, unlike the filth and neglect that attends government offices in many African countries.

I told Minister Biruta that it was rather strange for his party, supposedly the main opposition political party, to endorse the process of removing term limits so Kagame stands again yet they can’t beat him in an election.

“It’s the people, not us the leaders,” he reasoned. He continued: “they believe that they cannot as yet trust another leader other than Kagame. He has been such a high-performing president and the people want him to continue.”

I reminded Dr Biruta that the mark of leadership is the courage to stand above the wishes and sentiments of the masses. If masses were the ones to always dictate what should be done, then the very notion of leadership would lose meaning. 

At any rate, I added, he, as the leader of the second largest party, should be pushing for alternative leadership and a culture of sustainability and continuity, instead of putting all hopes in one mortal being.

President Kagame finds himself in a very precarious situation. He is a man known to rigidly stick to his beliefs and principles. Will he hold out or will he succumb to the “demands of the people?” He has been on record for making two very important statements. 

First, that he would not seek another term after serving the two constitutional ones. Second, that it is not true that no one else is capable enough to take over from him; and if it were true then, that would mean he, as a leader, has failed and should for that very reason step down.

Sources close to him say he regrets not taking the issue of succession seriously and not preparing ahead of time. Now 2017 is in sight and Kagame finds that, even without the popular demand for him to stay, he is not quite ready to relinquish power. 

His controversial involvement in the Congo, coupled with some internal dynamics, make it risky for him to leave power without sufficient guarantees that he will not end up somewhere in detention as happened last month to his chief of intelligence, General Emmanuel Karenzi Karake, arrested and still held in London.

Kagame’s Rwandese Patriotic Front (RPF) was birthed and groomed in Uganda. Its affable and highly-regarded founding leader, the late Major General Fred Rwigyema, was Uganda’s deputy army commander. Rwigyema’s RPF successor, then Major Paul Kagame, was a senior Ugandan intelligence officer in what was then called Directorate of Military Intelligence, headed by the then Colonel Mugisha Muntu. 

It is possible that at the time Rwigyema and his compatriots launched their struggle to return home, on October 1, 1990, they were seeing glimpses of the rot that the NRM government eventually fully became.

When Museveni’s misrule shot through the roof in the late 1990s, with glaring scandals of malfeasance in the privatization of state corporations, shoddy deals in military procurements and ghost soldiers, Kagame must have watched keenly.

As president of Rwanda, he had a perfect living example of a government next door, and one grossly mismanaged by his politico-military mentor, with clear lessons on how not to run a government. He had to strive to be different. Today, Rwanda has achieved what Uganda can’t realize under the decadent regime of General Museveni, notwithstanding Kagame’s much-talked-about poor record on civil liberties and individual freedoms.

Now enter the term limits debate. Perhaps again committed to being different from Uganda, at the time Museveni was manipulating the constitutional amendment process in 2003-5, including bribing MPs to remove term limits, Rwanda was promulgating a new Constitution with an article stating unequivocally: “under no circumstance shall a person…” 

General Museveni must be keeping his fingers crossed that General Kagame yields to the “demands of the people!”