Wednesday, September 6, 2017
HOW THE AUTOMOTIVE INDUSTRY HAS SUCCEEDED IN NEW EMERGING MARKETS
Saturday, September 2, 2017
THE KENYA SUPREME COURT DECISION WILL HAVE DIRE CONSEQUENCES
THE KENYA SUPREME COURT DECISION WILL HAVE DIRE CONSEQUENCES
The Supreme Court of Kenya has set precedent on the African Continent by overturning a presidential election result throwing the hitherto conservative jurisprudence in disarray. But the justices may have rushed to overturn the results which might lead to dire consequences for the East African nation.
In the first place , all parties agree that the elections are determined at the polling stations . And it seems there were no problems at the polling stations . The petitioners’ case just like in the Mbabazi’s case centered around the transmission of the results from the polling stations to the tally center in Nairobi.
If that was the focus of the dispute , the justices should then have recalled the results from the polling stations as contained in the tally sheets to verify , isolate those cases where there is a mismatch , and then reach a conclusion as to whether such inconsistencies affected the total overall figure in a substantial manner . Unfortunately the Court did not evaluate that evidence in the tally sheets, they didn't verify and instead rushed to play to the galley and nullified the same. The Courts decision then looked more of a political than a legal one .
The court wanted to set a precedent as being the first to do that and get the rave reviews which they are now enjoying at a huge cost that awaits the country . Many jurisdictions not only in Africa but America , South Africa, Nigeria, Canada , India among other , have been very reluctant to overturn presidential elections due to the financial , legal and social political ramifications not forgetting the security and stability of a state .
Now, the Kenyan decision has many both positive and negative ramifications but will highlight a few negatives ones . Let me start with the legal ones , the courts are going to.be flooded by a multitude of petitions from the local governors and other constituent elections . Because any smart lawyer will argue that if the Supreme Court has declared that the presidential elections lacked integrity and all, how then can the local elections be clean when.it was the same Electoral Commission that conducted those elections as well.
Secondly, basing on the judgment , the commission should be disbanded and the opposition has already filed a suit to that effect. That suit will be appealed up to the Supreme Court and when it is successful , then the electoral commission will have to be disbanded and a new one appointed with new electoral officials across the country . Question then is will the country be in position to hold fresh elections in 60 days as required by law ? Again the answer to that question might be in the negative . That will then mean the parliament will have to amend the constitution to enlarge time . So we don’t see Kenyans getting over this till the new year meanwhile, they won't have an effective government for that period because Uhuru is now a lame duck as we all know it .
Lastly, we wait to see the guidelines that will be set by court in its detailed judgment that will have to.be followed to ensure that the next results from the next elections will be accepted by all parties. This is because there cannot be a flawless election anywhere in the world that's why the substantially test was developed and adopted in many jurisdictions. But you can only apply that test if the court is willing to verify the transmitted results . In the case of Kenya , court didn't want to do it because of the time and resources involved and instead took the easy path of throwing it back to the voters and the cost is going to.be much more than if the court had endured to verify the results at the polling stations because that's where the winner is determined and not in the process of transmission .
Saturday, August 12, 2017
WHAT IS THE FUTURE OF ELECTRIC CARS IN UGANDA AND AFRICA
Friday, August 4, 2017
THE NEW LAND LAW IS RECIPE FOR ECONOMIC TRAGEDY
THE NEW LAND LAW IS RECIPE FOR ECONOMIC TRAGEDY
When Parliament recommended radical changes to our land law in 2007,exactly 10 years ago, I wrote this article in my Column The other Side of The Law, which was published by the Daily Monitor for five years . I'm glad to reproduce it given the on going debate about the government Land amendment Bill 2017 and the the Land Inquiry Commission headed by Lady Justice Catherine Bamugemereire.
This and many other articles on topical legal issues can also be found on my blog: msserwanga.blogspot.com.
The parliamentary joint committee appointed to handle the Land (Amendment) Bill 2007 has once again succumbed to pressure from the executive arm of government and recommended that the controversial changes to the land law be enacted in total disregard of public opinion.
Whatever the mischief the new amendments are intended to cure, the entire process of protecting the rights of ‘squatters’ has been flawed in a sense that no national consultations were carried out to rally Ugandans to support the new legislation. It’s ironical and illogical that the legislators could have the audacity to recommend that the amendments be passed into law and then national consultations be held later. Of what purpose will these ‘consultations’ serve when Parliament has already pronounced itself on the matter?
The machinations by the state to do as it pleases, without taking into consideration the opinions/views of the stakeholders, are a clear manifestation of leaders who are out of touch with the people they lead. In a recent survey commissioned by Monitor Publications Ltd (MPL) and carried out by a reputable research organisation, the Steadman Group, it transpired that six out of every 10 Ugandans are not satisfied with the government’s approach to solve the land problems in the country.
The polls showed that 66 per cent of Ugandans are disenchanted with President Museveni’s management of land issues. And this is besides the fact that knowledgeable and independent interest groups like the Uganda Land Alliance , Uganda Human Rights Commission and the Uganda Bankers Association are all opposed to the amendments and have since called for nation-wide consultations to be conducted before the law is amended.
It’s clear that the amendments will face serious legal challenges because they are basically creating competing rights of ownership of land– which is an important factor of production. With the peasants pitted against the landlords, land will unfortunately be rendered a non-saleable commodity.
The bankers have already, and rightly so, warned that the controversial land amendments being forced onto the people will close the market for mortgages and loans from which banks depend for most of their business. With a struggling economy and land prices going through the roof, people can only own a piece of land by acquiring mortgages through their bankers. But this cannot be possible when in the market, you don’t have a clear legally recognised owner of the land!
And this is not to argue that citizens should be evicted from their land illegally. The existing law has sufficient safeguards against illegal land evictions. The peasants, the majority of whom are squatters or settlers on vast chunks of land, already have their rights protected by the constitution.
The constitution provides for the protection of the land rights of the registered land owners (landlords) and those with equitable or secondary interests in land like the tenants by occupancy or bibanja holders , the bona fide occupants (people who have lived on any given piece of land unchallenged for more than 12 years before the coming into effect of the 1995 constitution) and lawful occupants (those who settled on land with the consent of the registered owner by virtue of the Busuulu and Nvujjo law of 1928). The provisions of the constitution are reinforced by the enabling law, the Land Act.
This column has stated in the past and repeats now that there is no serious lacuna (gap) in our land legal regime. The major problem is the poor implementation of the law and politicisation of the land conflicts across the country.
Securing lasting legal rights for the peasants/squatters can only be realised through purchase and subsequent transfer of title from the registered land owners to the buyers who in this case can be the peasants. The government should put in place a land fund to enable the peasants buy land and thus secure their land rights. Artificial legislation shall be successfully challenged in court and we shall be back to square one!
The writer is Media and Communications Consultant/Trainer
and Adocate of The High Court of Uganda .
msserwanga@gmail.co.ug
When Parliament recommended radical changes to our land law in 2007,exactly 10 years ago, I wrote this article in my Column The other Side of The Law, which was published by the Daily Monitor for five years . I'm glad to reproduce it given the on going debate about the government Land amendment Bill 2017 and the the Land Inquiry Commission headed by Lady Justice Catherine Bamugemereire.
This and many other articles on topical legal issues can also be found on my blog: msserwanga.blogspot.com.
The parliamentary joint committee appointed to handle the Land (Amendment) Bill 2007 has once again succumbed to pressure from the executive arm of government and recommended that the controversial changes to the land law be enacted in total disregard of public opinion.
Whatever the mischief the new amendments are intended to cure, the entire process of protecting the rights of ‘squatters’ has been flawed in a sense that no national consultations were carried out to rally Ugandans to support the new legislation. It’s ironical and illogical that the legislators could have the audacity to recommend that the amendments be passed into law and then national consultations be held later. Of what purpose will these ‘consultations’ serve when Parliament has already pronounced itself on the matter?
The machinations by the state to do as it pleases, without taking into consideration the opinions/views of the stakeholders, are a clear manifestation of leaders who are out of touch with the people they lead. In a recent survey commissioned by Monitor Publications Ltd (MPL) and carried out by a reputable research organisation, the Steadman Group, it transpired that six out of every 10 Ugandans are not satisfied with the government’s approach to solve the land problems in the country.
The polls showed that 66 per cent of Ugandans are disenchanted with President Museveni’s management of land issues. And this is besides the fact that knowledgeable and independent interest groups like the Uganda Land Alliance , Uganda Human Rights Commission and the Uganda Bankers Association are all opposed to the amendments and have since called for nation-wide consultations to be conducted before the law is amended.
It’s clear that the amendments will face serious legal challenges because they are basically creating competing rights of ownership of land– which is an important factor of production. With the peasants pitted against the landlords, land will unfortunately be rendered a non-saleable commodity.
The bankers have already, and rightly so, warned that the controversial land amendments being forced onto the people will close the market for mortgages and loans from which banks depend for most of their business. With a struggling economy and land prices going through the roof, people can only own a piece of land by acquiring mortgages through their bankers. But this cannot be possible when in the market, you don’t have a clear legally recognised owner of the land!
And this is not to argue that citizens should be evicted from their land illegally. The existing law has sufficient safeguards against illegal land evictions. The peasants, the majority of whom are squatters or settlers on vast chunks of land, already have their rights protected by the constitution.
The constitution provides for the protection of the land rights of the registered land owners (landlords) and those with equitable or secondary interests in land like the tenants by occupancy or bibanja holders , the bona fide occupants (people who have lived on any given piece of land unchallenged for more than 12 years before the coming into effect of the 1995 constitution) and lawful occupants (those who settled on land with the consent of the registered owner by virtue of the Busuulu and Nvujjo law of 1928). The provisions of the constitution are reinforced by the enabling law, the Land Act.
This column has stated in the past and repeats now that there is no serious lacuna (gap) in our land legal regime. The major problem is the poor implementation of the law and politicisation of the land conflicts across the country.
Securing lasting legal rights for the peasants/squatters can only be realised through purchase and subsequent transfer of title from the registered land owners to the buyers who in this case can be the peasants. The government should put in place a land fund to enable the peasants buy land and thus secure their land rights. Artificial legislation shall be successfully challenged in court and we shall be back to square one!
The writer is Media and Communications Consultant/Trainer
and Adocate of The High Court of Uganda .
msserwanga@gmail.co.ug
Tuesday, February 7, 2017
WHERE IS THE CIVILITY OF SECURITY AGENTS?
Media freedom and other attendant rights accorded to an individual by our constitution, last week received a boost when the High Court in Fort Portal ordered for the reinstatement of a political radio programme which was ordered off the airwaves by state security operatives.
Justice Rugadya Atwooki concurred with advocates representing Life FM, a private rural radio station, that the security agents' actions were unconstitutional and violated the Electronic Media Act. The judge ruled that the suspension of a political radio programme by state agents was inconsistent with what is acceptable and demonstrably justifiable in a free and democratic society.
Although for sometime now, the courts have been slowly developing our jurisprudence in all spheres of media law, this particular case is unprecedented because unlike in the past where the majority of settled media cases largely involved the print media (newspapers), the judgment in Fort Portal concerned itself with the electronic media (radio).
We have heard threats from government officials and the president to deal with radio stations or presenters who freely debate and tackle issues of human rights, democracy, corruption, good governance and the general rule of law.
This is because in most cases, the issues discussed directly affect the state and the people who run it . But instead of owning up and engaging their critics, our leaders often and unjustifiably, consider such critical views as treasonable and use the state machinery to muzzle them. Why should a spoken or written word be taken to be treasonable? Why should Ugandans tolerate incendiary statements by our leaders and army generals yet they (the masses) are denied the same freedoms to express their thoughts?
The free flow of information and ideas lies at the core of the very notion of democracy, which is effectively about respect for human rights. Democracy is about accountability. The public have an alienable right to scrutinise actions of their leaders and engage in open debate about the general welfare of the country. Unfortunately, our leaders at all levels are terribly afraid of these values and just don’t want the people to know the goings on in government .
And the reason for this belligerent behaviour, the intolerance and genuine fear among our largely corrupt, undemocratic leaders is clear- they have turned themselves into the law. It’s common knowledge that in rural areas and up-country towns, state operatives are on the loose! They are increasingly exploiting people's ignorance of the law and their constitutional rights to harass, intimidate and in worst cases terrorise the masses with abandon.
A case in point is the Life FM station in Fort Portal where a whole Regional Police Commander Martin Abilu who should have known better that media freedoms are constitutionally protected ordered the management of the radio station to “immediately and forthwith” suspend the “Twerwaneho” programme because, to him, it incited public anger against the government.
Why can’t our nation learn from other advanced democracies where restraint and tolerance for opposing views has become the cornerstone for upholding civil liberties!
Let’s take a recent scenario in the United States where inflammatory remarks by pastor Rev. Jeremiah Wright, the hitherto leader of Chicago’s Trinity United Church of Christ, shocked the American society.
Rev. Wright, who for 20 years was the pastor of Mr Barrak Obama, a popular candidate for the USA Democratic Party nomination, accused the US government and whites generally for giving black people drugs and building bigger prisons for them. He then called on God to damn America for treating its citizens as less than human.
President Bush’s right wing Conservative Party which controls White House, did not send paratroopers to close down Trinity United Church of Christ nor did they arrest or arrange prosecutors to charge Rev. Wright.
Similarly, Mr Obama did not disown his long time pastor. Instead he (Obama) and the rest of the Americans and the media, have engaged Rev. Wright in a civil manner to show that his remarks are outdated, wrong and have no place in the modern era.
Surely, can’t Ugandans especially our national leaders borrow a leaf from this! Can’t we for once, in our 30-year turbulent political history, learn to engage each other in a more tolerant fashion and resolve our differences political or otherwise, in a civil manner?
The write is a journalist and advocate
msserwanga@gmail.com
Moses Sserwanga interviewed Uganda's ambassador to China about the economic ties between the two countries now that China is the second largest economy in the world
excerpts bel
Can you give us an overview of the economic relationship between China and Uganda?
The relationship between China and Uganda is good. We engage in the private sector, commerce, trade, investment and government projects. The e-government project in Uganda is one of the several projects supported by China with $106million under concessional loan arrangement. Other projects include: a hospital of 100 beds, which is being built at Naguru, Kampala, an agricultural technological demonstration centre, aqua-culture and a fish farm which is being built at Kajjansi. Also inclusive is a government complex, a twin building which is being constructed adjacent to Parliament, the former Criminal Investigations Department Headquarters among others.
What are the trading ratios and Chinese investments in Uganda this year?
Trade volumes have been growing. In 2006, trade volume between China and Uganda was $170 million and we are now in excess of $300million.
What are the major exports to China?
At the moment, it is cotton, hides, skins, coffee and fish.
In terms of Foreign Direct Investment how has Uganda benefited from China’s tremendous economic growth?
According to Uganda Investment Authority records, Chinese companies are the leading investors in Uganda at the moment. I do not have the exact figures though.
What is the latest about the National Back Bone Infrastructure knowing that internet is now a major factor for development and then the e-government project where a Chinese company Hauwei is providing software systems?
The first phase of the project was largely to improve communication coverage within Kampala, Entebbe and Jinja for purposes of successfully hosting Chogm. The second phase is to cover the broader area of Uganda beyond the three towns and eventually to cover the whole country and ultimately the 3r 3rd phase is to cover the component of e-government.
How was the NBI and e-government project supposed to work in areas where there is no electricity?
In terms of the e-government project in Uganda, there are two aspects to it. One, the usage, the ability to use and the desire to use. This is a new project. It is supposed to go up to the sub-county level. Depending on whether those people in the offices at the sub-county would wish to use these facilities. There is the issue of facilitating the infrastructure that is put in place in order to increase the utilisation of the e-government which will help to provide good environment for investors and businessmen. It will cut down on the red-tape and corruption. The government is handling its part, which is to provide electricity to various locations. There is a programme financed by China for development of solar energy, late this year or next year targeting electricity deficiency in the remote areas.
It is alleged that shoddy work was done on the NBI, what’s your response?
If somebody says shoddy work was done that is a subjective statement because I believe this was a big project and there were set standards, set specifications and set quality outcomes. To say shoddy work was done there must be an evaluation done by some authority and the same authority must have determined that shoddy work was done. To the best of my knowledge no competent authority came up with report to say Huawei did shoddy work. It was speculation by different people.
Ingrained in the contract, there were set standards. Somebody must have proved that Huawei breached the contract in terms of those set standards. We have the National Information Technology Authority, we have the Ministry of ICT, I guess we have several agencies in Uganda who would come up with a position that Huawei did shoddy work and not based on speculations as was the case.
Secondly this is a big company in China and globally which cannot allow their reputation to be tarnished by substandard work. There were allegations of corruption; again this was subjective and speculative. Uganda has well stipulated procurement procedures which were followed and I know the Chief Executive officer of Huawei and top management practice zero-tolerance to corruption. Rather than speculate, Ugandans need to embrace this project. The contractors have done a good job according to the facts available to me.
How about the issue of cost? There are reports that the Uganda project cost more than that of Rwanda.
That is comparison. What were the components in terms of e-government and NBI? There is the element of taxation. In Rwanda did they pay taxes, the area coverage? The information I have is that the cost taking into account all the components was almost the same. There were no major deviations. The Uganda component is inclusive of equipment and civil works and taxes.
Is China interested in oil extraction or oil refinery in Uganda?
China has shown interest in the oil industry in Uganda. Chinese companies are already taking over interests of Heritage in the exploration stage. The President of Uganda has been emphasising that we will not export crude oil and that we must refine it from here.
The Minister of Energy has been to China for talks. Sinopec, a major Chinese player in the oil industry has shown interest in building an oil refinery in Uganda and I hope the negotiations will be successfully concluded. Sinopec officials will be visiting Uganda sometime next month (September) for more negotiations. Once the negotiations are concluded, hopefully by the end of this year, we will be in position to negotiate with the government of China.
How many Ugandans are living and studying in China?
At the moment, every year China offers Ugandan students scholarships at all levels, at graduate and post graduate levels, 35 students per year and there is an existing exchange programme for human resource training. Every year, more than 300 Ugandans of various disciplines come to China for various courses ranging from one year to six months. There is a lot of cooperation at the political level, in terms of training. There are vast opportunities and there are times when there is a need for specialised skills obtainable in China and a request is made by the Ugandan government to the China government and the embassy follows up the matter.
How will Uganda benefit from the 2010 World Expo in Shanghai, China?
First we are grateful to the China government for supporting Uganda and other countries to take part. They provided money to set up the African pavilion. I was told about $650,000 was spent for the construction of the African pavilion. The Expo will help us to showcase what we have, especially in areas of tourism. Many visitors have been to our stand. The benefits are many.
excerpts bel
Can you give us an overview of the economic relationship between China and Uganda?
The relationship between China and Uganda is good. We engage in the private sector, commerce, trade, investment and government projects. The e-government project in Uganda is one of the several projects supported by China with $106million under concessional loan arrangement. Other projects include: a hospital of 100 beds, which is being built at Naguru, Kampala, an agricultural technological demonstration centre, aqua-culture and a fish farm which is being built at Kajjansi. Also inclusive is a government complex, a twin building which is being constructed adjacent to Parliament, the former Criminal Investigations Department Headquarters among others.
What are the trading ratios and Chinese investments in Uganda this year?
Trade volumes have been growing. In 2006, trade volume between China and Uganda was $170 million and we are now in excess of $300million.
What are the major exports to China?
At the moment, it is cotton, hides, skins, coffee and fish.
In terms of Foreign Direct Investment how has Uganda benefited from China’s tremendous economic growth?
According to Uganda Investment Authority records, Chinese companies are the leading investors in Uganda at the moment. I do not have the exact figures though.
What is the latest about the National Back Bone Infrastructure knowing that internet is now a major factor for development and then the e-government project where a Chinese company Hauwei is providing software systems?
The first phase of the project was largely to improve communication coverage within Kampala, Entebbe and Jinja for purposes of successfully hosting Chogm. The second phase is to cover the broader area of Uganda beyond the three towns and eventually to cover the whole country and ultimately the 3r 3rd phase is to cover the component of e-government.
How was the NBI and e-government project supposed to work in areas where there is no electricity?
In terms of the e-government project in Uganda, there are two aspects to it. One, the usage, the ability to use and the desire to use. This is a new project. It is supposed to go up to the sub-county level. Depending on whether those people in the offices at the sub-county would wish to use these facilities. There is the issue of facilitating the infrastructure that is put in place in order to increase the utilisation of the e-government which will help to provide good environment for investors and businessmen. It will cut down on the red-tape and corruption. The government is handling its part, which is to provide electricity to various locations. There is a programme financed by China for development of solar energy, late this year or next year targeting electricity deficiency in the remote areas.
It is alleged that shoddy work was done on the NBI, what’s your response?
If somebody says shoddy work was done that is a subjective statement because I believe this was a big project and there were set standards, set specifications and set quality outcomes. To say shoddy work was done there must be an evaluation done by some authority and the same authority must have determined that shoddy work was done. To the best of my knowledge no competent authority came up with report to say Huawei did shoddy work. It was speculation by different people.
Ingrained in the contract, there were set standards. Somebody must have proved that Huawei breached the contract in terms of those set standards. We have the National Information Technology Authority, we have the Ministry of ICT, I guess we have several agencies in Uganda who would come up with a position that Huawei did shoddy work and not based on speculations as was the case.
Secondly this is a big company in China and globally which cannot allow their reputation to be tarnished by substandard work. There were allegations of corruption; again this was subjective and speculative. Uganda has well stipulated procurement procedures which were followed and I know the Chief Executive officer of Huawei and top management practice zero-tolerance to corruption. Rather than speculate, Ugandans need to embrace this project. The contractors have done a good job according to the facts available to me.
How about the issue of cost? There are reports that the Uganda project cost more than that of Rwanda.
That is comparison. What were the components in terms of e-government and NBI? There is the element of taxation. In Rwanda did they pay taxes, the area coverage? The information I have is that the cost taking into account all the components was almost the same. There were no major deviations. The Uganda component is inclusive of equipment and civil works and taxes.
Is China interested in oil extraction or oil refinery in Uganda?
China has shown interest in the oil industry in Uganda. Chinese companies are already taking over interests of Heritage in the exploration stage. The President of Uganda has been emphasising that we will not export crude oil and that we must refine it from here.
The Minister of Energy has been to China for talks. Sinopec, a major Chinese player in the oil industry has shown interest in building an oil refinery in Uganda and I hope the negotiations will be successfully concluded. Sinopec officials will be visiting Uganda sometime next month (September) for more negotiations. Once the negotiations are concluded, hopefully by the end of this year, we will be in position to negotiate with the government of China.
How many Ugandans are living and studying in China?
At the moment, every year China offers Ugandan students scholarships at all levels, at graduate and post graduate levels, 35 students per year and there is an existing exchange programme for human resource training. Every year, more than 300 Ugandans of various disciplines come to China for various courses ranging from one year to six months. There is a lot of cooperation at the political level, in terms of training. There are vast opportunities and there are times when there is a need for specialised skills obtainable in China and a request is made by the Ugandan government to the China government and the embassy follows up the matter.
How will Uganda benefit from the 2010 World Expo in Shanghai, China?
First we are grateful to the China government for supporting Uganda and other countries to take part. They provided money to set up the African pavilion. I was told about $650,000 was spent for the construction of the African pavilion. The Expo will help us to showcase what we have, especially in areas of tourism. Many visitors have been to our stand. The benefits are many.
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