A NEW KIIRA EVS “THE BEAST”HITS THE ROAD TO BE EXHIBITED AT PARLIAMNENT

By Moses Sserwanga

Kiira Motors Corporation, will exhibit a new version of one of its products dubbed the Kiira EVS also known as “The Beast”

LAKE VICTORIA BOAT TRAGEDY:THE NEED TO OVERHAUL THE NATIONAL MARITIME LAW

By Moses Sserwanga

The tragic boat accident that left at least 32 Ugandans dead on lake Victoria  was a case of total negligence and recklessness by the parties  responsible for the safety of people travelling on our national water bodies . The proprietors of the boat and its crew exhibited no duty of care for their clientele when they deployed a dilapidated vessel for a social cruise .

This national tragedy also showcased the growing tendency by many public servants not to commit to the execution of their respective  mandates for  fear of political ramifications and this is most manifested among security agencies especially police officers at various ranks . Take for example the case of the marine police officers  who even after being in possession of incriminating evidence that the  ill-fated boat was  not only in poor mechanical condition but was also not registered nor licensed ,still allowed it to carry revellers on the fateful day .

The police’s failure to stop the cruise could perhaps explain the state of their mind at the time- given that  many of the revellers were  people of influence  who were hell bent at getting on with the cruise . As fate would have it ,the vessel capsized just under one hour of take off .  This accident further  illustrates the sheer lack of disaster preparedness in this country even when we have a fully- fledged ministry in charge of the disaster docket.

Otherwise ,how do you explain the slow response by the rescue teams when the victims sent out numerous distress calls while still on the boat which was within just 10-15 minutes ride off the docking point .Some survivors have since been quoted in the mainstream media that when they contacted police it was the usual embarrassing story of no fuel! It were the abavubi (ordinary fishermen) on their rudimentary-rickety boats who responded and actually rescued the so much talked about 26 survivors. As such- there was no visible government machinery at a critical time of need to conduct a grand rescue mission the kind we saw when a team of young boys was trapped in a cave for several days somewhere in Malaysia .

And this national misery could not be complete until  when State Ministry in charge of the transport docket stated of course when not prepared, that GOVERNMENT was looking for the ill-fated "boat" because it was not licensed nor registered . What a tragedy !
As if that is not bad enough , a  closer look at the legal framework that governs the water transport sub –sector  shows something of a bizarre nature . On our statute books we have the 20^th century  Maritime transport law- such an outdated piece of legislation . The Marine Insurance Act of 2002 only deals with issues of insurance policy coverage . So unlike the Traffic and Road Safety Act of 1998 , there is no updated specific law to deal with a modern water transport system with all its attendant challenges .
This means that apart from criminal negligence under the Penal Code, the perpetrators of felonies on our water bodies cannot be brought to book for violation of a specific code of conduct .In otherwise, there are no updated specific duties and obligations , defined offences and penalties for the water transport sector .
The National Transport Master Plan 2008-2023 barely covers anything significant about the water transport apart from lamentations of poor enforcement of operator safety procedures, since services are often characterised by gross over-loading, use of defective vessels, and absence of basic safety equipment such as lifebelts and jackets.
In the Plan ,it is also indicated that navigation routes are archaic and need to be re-surveyed; navigation aids are often damaged or missing and there is severe capacity constraints in both the Transport Licensing Board and the Marine Police resulting in poor enforcement of water transport standards.
There is therefore, an urgent need to  update or enact a new water transport law and  operationalize the proposed new Multi-Sector Transport Authority (MTRA). The authority must be equipped with sufficient resources and staff to carry out vessel inspections regularly, with powers to prosecute and suspend licences where owners persistently flout the legal safety requirements.
 Lastly , let us as Ugandans , allow public officials to serve our country and enforce the rule of law without fear of any political ramifications . Enough said .
The Writer is Media and Communications Consultant/ Trainer and Advocate of the High Court of Uganda
msserwanga@gmail.com

LET UGANDANS UNITE AGAINST TORTURE BY SECURITY FORCES

LET UGANDANS UNITE AGAINST TORTURE BY SECURITY FORCES

BY MOSES SSERWANGA

The rising number of cases of suspects being tortured by police officers and other security operatives while in detention centers have convulsed the country and whipped up unprecedented public outcry .  Television and radio interviews of torture victims have been recorded  while  video clips of victims narrating their ordeal have gone viral on the social media.

And yet this new worrying trend is against the NRA/NRM long held doctrine against torture and political assassinations dating back to the bush war days spanning from the early 1980s. When President Yoweri Museveni  launched the NRA/NRM revolution and the bush war some 36 years ago , he maintained a zero tolerance for torture as a means of extracting  intelligence information or illegal confessions from suspects .

It is therefore, surprising and utterly disreputable that in the recent past ,some police officers have taken it upon themselves to torture suspects  while in police custody and other un-gazetted detention centers .  A special committee of the police force  led by the Director of Legal and Human Rights  Erasmus Twaruhukwa and whose other members included Dr. John Kamya, James Kushemererwa and Emilian Kayima recently recommended the closure of Nalufenya after it found that the detention facility did not meet minimum standards required of a holding place for suspects .

And whereas, the new police administration led by the Inspector General of Police , Martin Okoth Ochora should be commended for their brave action to close the Nalufenya detention facility following  wide public protests -that it was one of the most recognized torture chambers in the country ,special investigations should be instituted to bring to book all the police officers who  have been  involved in  gross violation of human rights including the torture of suspects .

The Uganda constitution 1995,in Article 24 under the bill of rights provides for  human dignity and protection from inhuman treatment .It states thus :” no one shall be subjected to torture ,cruel ,inhuman or degrading treatment and punishment. “

The Prohibition and Prevention of Torture Act read together with other international legal instruments interalia, the United Convention Against Torture also- outlaws torture in any form including but not limited to physical and psychological torture, holding suspects incommunicado and denying them adequate medical care .

The courts of Uganda have gone ahead to uphold these principles that govern the fundamental human rights of suspects and one of the recent cases being  the 19 suspects in the Kaweesi murder case . The High Court held that there was gross violation of the suspects human rights when they were subjected to various forms of torture while in detention at Nalufenya .

The court observed  and rightly so that  the rule of law is not a self-effecting doctrine where it’s enforcement is a function of the will of people but rather has institutions charged with enforcing it, especially the police and the  judiciary.

The practice of torture, therefore, is in stark contrast to the doctrine of the rule of law. All suspects in the custody of the state should be accorded their fundamental human rights as enshrined in our constitution . Under our criminal  justice system suspects are presumed innocent until proved guilty by a court of competent jurisdiction. The Uganda police and other security  agencies should not be allowed a  free hand to torture suspects because anyone can fall victim any day .

And in its continued effort to clean up a badly tarnished police image , the new police administration  should carry out regular independent inspections of all detention facilities across the country to stamp out human rights violations. It  is in the best interest of  society that police cells and other detention facilities meet the intentionally acceptable standards to ensure the observance of human rights and promotion of the rule of law.

We  need a robust human rights protection mechanisms involving both the rights holders and duty bearers. All is not lost on us.

The writer is an Advocate of the High Court of Uganda

And Media, Communications Consultant/trainer.

msserwanga@gmail.com

GOVERNMENT GIVES KIIRA MOTORS 144 BILLION TO MAKE ELECTRIC VEHICLES

By Moses Sserwanga

The Uganda Cabinet has approved the commercialisation of the Kiira Electric Vehicle Project where government will invest Ugs.144billion in a phased approach , Minister of Science Technology and Innovation Dr. Elioda Tumwesigye has said.

While addressing the media in Kampala , Dr. Tumwesigye said that Kiira Motors Corporation (KMC) will assemble vehicles including electric ones in partnership with reputable vehicle manufacturers . “This  should progressively position the Kiira Vehicle plant for growth prospects in cutting-edge vehicle technology innovation ,” he stated.

Tumwesigye added:  “ this  landmark Cabinet decision builds upon the work started at Makerere University with support from the Presidential Initiative for Science and Technology Innovation to champion value addition in the domestic automotive industry for job creation and diversification of the economy.”

The decision was informed by a comprehensive appraisal and approval of the feasibility study for setting up and operating the Kiira Vehicle Plant by the Ministry of Finance, Planning and Economic Development.

During the four year start up phase, (2018/19-2021/22), the government will give Kiira shs. 143.7bn. The Kiira Vehicle Plant facility shall be set up at the Uganda Investment Authority (UIA) Jinja industrial and Business park.  The funding will also help Kiira Motors Corporation to enter into partnership agreements that will lead to the assemble of vehicles this year.

Cabinet also mandated the Ministry of Science a, Technology and innovation   to provide policy guidelines and oversight for the implementation of the project .  “This is an opportunity for us to realize our vision of making vehicles in Uganda. We are grateful to the president, cabinet, and government for trusting us. We want to encourage the private sector to start looking at investment opportunities in the automotive value chain,” says Paul Isaac Musasizi, the Kiira Motors CEO.

 How Ugandans Will Benefit

As Uganda moves  to put locally made cars on the market for the first time by end of this year ,,many Ugandans are wondering how they  could benefit from a budding automotive industry when it finally takes off.

Automotive experts have intimated that  cars just like any other locally manufactured products will have many components or parts that should ideally be sourced locally  and therefore  offer huge economic benefits to the local parts fabrication suppliers . At least on average , a car has over 30,000 parts by the time  it leaves the  production line and this will not be any different when Kiira Motors Corporation (KMC)’s  much anticipated Vehicle Production Plant is set up in Jinja . 

While major  car makers  the world over ,  source car  parts from a broad range of global automotive suppliers overseas , in Uganda with the availability of abundant natural raw materials for   car production  , enterprising  Ugandans  should be prepared  to cash  in on the economic opportunities that will be created across the country’s nascent automotive industry .

This is because the country is endowed with a variety of rich minerals that are key to the successful implementation of the car manufacturing sector .Among the minerals that are abundant across  the country include ,copper and cobalt deposits in the border district of Kasese, gold in the areas of Mbarara, Kabale,  Kisoro, Rukungiri,Kanungu ,Busia , MubendeHoima and parts of West Nile ,Iron ore in Mityana and lead in Kamwenge .

Other raw materials needed for car manufacturing like lithium  can be found in Kabale, Mukono, Mbale and Mubende; tin,  zinc, kaolin , glass and sand are all locally available. The challenge will be how the government will facilitate the business minded Ugandans to benefit from these natural resources across the automotive value chain .

There is  no doubt that promotion of local automotive value chain enterprises  will be a very important government  intervention that will lead to the  creation of  jobs and spread wealth among a wide section of the population which presently is unemployed . Car body builders, vehicle canopies for pick-ups, fiber glass components manufacturers , leather seats makers ,after sells car service providers like  garages , fuel stations should all prepare to seize and benefit from the economic opportunities that will come with the development of the automotive sector .

Dr. Tumwesigye said that the assembly plant will initially employ 900 people but in the long run 2,000 direct jobs and 12,000 indirect jobs will be created.

Vehicles Made in Uganda

KMC championing green mobility in Uganda and Africa

For the last 10 years , Kiira Motors Corporation  has also been at the forefront of  championing  green mobility technologies in Uganda and on the African continent producing the  first electric solar bus, the Kayoola Solar Bus in 2016 that won the company international accolades . KMC engineers led by Prof . Sandy Steven Tockodri the KMC Executive Chairman and Mr. Paul Isaac Musasizi , the Chief Executive Office (CEO) , have also produced the Kiira Electric Vehicle (EV) SMACK hybrid in 2014 and the Kiira EV in 2011.

ENDS

UGANDA REVENUE AUTHORITY’S MOVE TO OBTAIN PEOPLE’S BANK ACCOUNTS DATA IS UNCONSTITUTIONAL

UGANDA REVENUE AUTHORITY’S  MOVE TO OBTAIN

PEOPLE’S BANK ACCOUNTS DATA IS UNCONSTITUTIONAL

BY MOSES SSERWANGA

The Uganda Bankers Association has come out strongly and rightly so to reject machinations by the Uganda Revenue Authority (URA) to obtain private information of the banks’ customers data for taxation purposes.

At least 30 commercial banks have since petitioned the Constitution Court to declare section 42 of the Tax Procedures Act 2014 under  which URA issued the notice to obtain banks’ clients data , unconstitutional. For starters , the Uganda Constitution in article 27 provides for the unfettered right to privacy of personal information including but not limited to the unauthorized disclosure of personal identity information and photographs .

Although parliament is yet to enact an enabling law about personal data protection including the right to privacy of an individual’s photographs , it is an internationally accepted legal principle that banks owe  a fiduciary duty to their clients irrespective of their standing in society . This is the same duty that applies to a doctor and lawyer to clients relationship. The fiduciary relationship is premised on the internationally established understanding  that whatever information comes in the possession of the said professionals in course of their professional duty about their clients is treated as being confidential and cannot be passed on to third parties without the express permission of the affected individual or by court order in criminal and civil cases.

This same principle is encapsulated in the Bank of Uganda Consumer Protection  Guidelines 2011 which among others compel commercial banks to treat their customers fairly and reasonably by not being aggressive , humiliating and or  intimidating .

Therefore , URA’s attempts to compel banks to disclose their clients banking information was in total contravention of the constitution,   banking law and principle as we have come to know them. It should also be noted that Uganda is a signatory to the East African legal framework on the protection of personal information and the cyber laws which was put in place in 2010.

Banks are not at liberty to disclose without court order and if they go ahead to release personal data of their clients they do so in breach of trust and confidentiality and can be sued for specific and general damages .

This same procedure applies to the notorious practice of banks running full page notices where they publish photographs of  people who have defaulted on loans in national newspapers.  This practice is not only humiliating to the  affected  individuals whose photographs are put in the public domination and therefore exposed to third parties but it is also fundamentally flawed and illegal.

The loan contract is between the bank and the individual or entity to which the loan is extended .  That contract is never intended for the knowledge of third parties even when there is a breach by either party .  The banking law and civil procedures accord banks many legal channels through which they can recover a loan from a defaulting customer without breaching their right to privacy .

The banks can do so by either foreclosing a mortgage or  through court processes where they can obtain court orders for specific cases .  In decided cases courts have stated that there is nothing immoral if an individual failed to repay a loan due to circumstances beyond their control and that the practice of exhibiting a photograph of a person and shamming them in public for the sin of being in an impecunious condition cannot be encouraged in civilized societies.

Banks also have a duty to adequately inform and  educate their clientele about the implications of taking out loans especially salaried loans which are pegged on an individual’s “guarantee” to remain in employment . The practice by banks now is that once such an individual loses their job the loan balances automatically fall due . The question then is , how can such a person who has lost their job automatically pay up for their loan balances ? This is the same problem that brought the USA economy to its knees in the mid 2000s.

The aggressive marketing of loans has dire ramifications for the banks , their clients and  the wellbeing of the national economy . Banks being in a superior position must at all times act judiciously.

The  writer is Media and Communications Consultant /Trainer

And Advocate of  the High Court of Uganda

msserwanga@yahoo.com

OLD VEHICLES MAKING KAMPALA ONE OF THE MOST POLLUTED CITIES IN THE WORLD

BY MOSES  SSERWANGA

As if it is not bad enough for the  millions of Ugandans who continue to wake up in the wee hours of the day to beat the endemic traffic jams-to drop kids at school and get to work in time, Uganda’s Capital City  Kampala, has also  been listed among the 30 most polluted cities in the world .

According to the World Health Organization, the air in these 30 cities was found to be the most polluted in 2016 and  contains high levels of dangerous particulate matter, small enough to enter the human bloodstream through the lungs—a problem that contributes to an estimated 7 million premature deaths each year.

And yes, Kampala the only African city on the list , is named along side other cities like Jodhpur ,Agra, MandiGobindgrah in  India, Tangshan in China, Bushehr in Iran, Narayangong in Banladesh ,Rawalpindi in Pakistan among others. Although there are many factors contributing to the dangerous high levels of pollution in these cities , ranging from steel mills,burning of scrap tires to extract iron, nuclear power plants , brick manufacturing , for Kampala, pollution researchers have cited vehicle emissions as the leading cause of air pollution .

But  this should not come as a surprise because in 2014 Uganda imported over 45,000 vehicles with an average age of 16 years or what automotive industry experts call “end of life vehicles”. So one can imagine the carbon emission levels caused by these second hand vehicles which in Kampala speak we call ”new”.

According to World Health organization, (WHO), premature deaths from outdoor air pollution could double by 2050, with the largest increases expected to occur in the emerging economies of Africa,  Southeast Asia and the western Pacific. It should be noted that air pollution affects the human lungs  andcontributes to causes of mortality such as strokes, heart disease and lung cancer. 

That’s why this latest  ranking of Kampala among the most polluted cities in the world should be taken with great concern . The Policy makers must get back to the drawing board and fix this problem before it gets out of hand.

A review of the existing legislation (Traffic and Road Safety Act 1998, Investment Code Act, the Income Tax Act, the Value Added Tax Act, the Free Zones Act 2014, and National Industrial Policy 2010)  shows that the highlighted laws only focus  on  registration of motor vehicles in Uganda and attempt to deal with issues of  policy related to revenues from taxes ,ownership and road safety..Unfortunately ,this  existing legal frame doesn’t  expressly address transport-based carbon emission standards within the country.

The takeoff of the green mobility market in Uganda requires a clear government policy on the limitation or total ban of  importation of second hand cars that are more than five years old. These progressive government policies will not only help to reduce on the high carbon emissions in Kampala and elsewhere in the country they will also facilitate the fast development of a competitive  automotive industry in Uganda.

And much as Kampala City Council Authority, (KCCA) should be lauded for keeping the city relatively clean and green, they too as major stakeholders ,should  tackle the problem of pollution head on and rather urgently.

The city planners should look elsewhere in the East African region and borrow a leaf on how to handle theKampala  traffic nightmare. Both Kigali(Rwanda) and Dar es Salaam (Tanzania) have gone big with their respective new public transport projects . Dar es Salaam now has a fleet of  210 buses with special road lanes and are faster than the matatus .  This has encouraged many private car owners to leave their cars at home and use public transport during the peak working hours reducing traffic jams considerably. Kigali also has a good public transport system which has kept the city free of jams and heavy air pollution .

KCCA should adopt a similar model  to deal with the endless traffic jams and high level of pollution . It is not far fetcher for the city authorities to look at other transport alternatives like electric or solar powered buses to conduct  traffic runs around Kampala.

Vehicle electrification is a major step toward curbing the hazardous transport-based emissions while improving fuel efficiency .When Engineers at Kiira Motors Corporation, (KMC) unveiled electric concept vehicles the Kiira EV and the Kayoola Solar Bus the first of the kind on the African continent not many predicated that electric cars are taking center stage in the automotive industry across the globe.

Electric buses for urban public transport, therefore , could help to reduce not only the sickening traffic jams but also curb air pollution in Kampala. KCCA can partner with Kiira Motors Corporation to set up electric buses test drives say along the new Entebbe express highway as they figure out how to solve the Kampala traffic jam quagmire.

The Writer is Media and Communications Consultant/ trainer and Advocate of the High Court of Uganda.

msserwanga@gmail.com

OLD VEHICLES MAKING KAMPALA ONE OF THE MOST POLLUTED CITIES IN THE WORLD

BY MOSES  SSERWANGA

As if it is not bad enough for the  millions of Ugandans who continue to wake up in the wee hours of the day to beat the endemic traffic jams-to drop kids at school and get to work in time, Uganda’s Capital City  Kampala, has also  been listed among the 30 most polluted cities in the world .

According to the World Health Organization, the air in these 30 cities was found to be the most polluted in 2016 and  contains high levels of dangerous particulate matter, small enough to enter the human bloodstream through the lungs—a problem that contributes to an estimated 7 million premature deaths each year.

And yes, Kampala the only African city on the list , is named along side other cities like Jodhpur ,Agra, MandiGobindgrah in  India, Tangshan in China, Bushehr in Iran, Narayangong in Banladesh ,Rawalpindi in Pakistan among others. Although there are many factors contributing to the dangerous high levels of pollution in these cities , ranging from steel mills,burning of scrap tires to extract iron, nuclear power plants , brick manufacturing , for Kampala, pollution researchers have cited vehicle emissions as the leading cause of air pollution .

But  this should not come as a surprise because in 2014 Uganda imported over 45,000 vehicles with an average age of 16 years or what automotive industry experts call “end of life vehicles”. So one can imagine the carbon emission levels caused by these second hand vehicles which in Kampala speak we call ”new”.

According to World Health organization, (WHO), premature deaths from outdoor air pollution could double by 2050, with the largest increases expected to occur in the emerging economies of Africa,  Southeast Asia and the western Pacific. It should be noted that air pollution affects the human lungs  andcontributes to causes of mortality such as strokes, heart disease and lung cancer. 

That’s why this latest  ranking of Kampala among the most polluted cities in the world should be taken with great concern . The Policy makers must get back to the drawing board and fix this problem before it gets out of hand.

A review of the existing legislation (Traffic and Road Safety Act 1998, Investment Code Act, the Income Tax Act, the Value Added Tax Act, the Free Zones Act 2014, and National Industrial Policy 2010)  shows that the highlighted laws only focus  on  registration of motor vehicles in Uganda and attempt to deal with issues of  policy related to revenues from taxes ,ownership and road safety..Unfortunately ,this  existing legal frame doesn’t  expressly address transport-based carbon emission standards within the country.

The takeoff of the green mobility market in Uganda requires a clear government policy on the limitation or total ban of  importation of second hand cars that are more than five years old. These progressive government policies will not only help to reduce on the high carbon emissions in Kampala and elsewhere in the country they will also facilitate the fast development of a competitive  automotive industry in Uganda.

And much as Kampala City Council Authority, (KCCA) should be lauded for keeping the city relatively clean and green, they too as major stakeholders ,should  tackle the problem of pollution head on and rather urgently.

The city planners should look elsewhere in the East African region and borrow a leaf on how to handle theKampala  traffic nightmare. Both Kigali(Rwanda) and Dar es Salaam (Tanzania) have gone big with their respective new public transport projects . Dar es Salaam now has a fleet of  210 buses with special road lanes and are faster than the matatus .  This has encouraged many private car owners to leave their cars at home and use public transport during the peak working hours reducing traffic jams considerably. Kigali also has a good public transport system which has kept the city free of jams and heavy air pollution .

KCCA should adopt a similar model  to deal with the endless traffic jams and high level of pollution . It is not far fetcher for the city authorities to look at other transport alternatives like electric or solar powered buses to conduct  traffic runs around Kampala.

Vehicle electrification is a major step toward curbing the hazardous transport-based emissions while improving fuel efficiency .When Engineers at Kiira Motors Corporation, (KMC) unveiled electric concept vehicles the Kiira EV and the Kayoola Solar Bus the first of the kind on the African continent not many predicated that electric cars are taking center stage in the automotive industry across the globe.

Renowned carmaker Volvo has since announced that all its new models will have an electric motor from 2019. The Chinese-owned firm, best known for its emphasis on driver safety, has become the first traditional carmaker to signal the end of the internal combustion engine as we have come to know it.It plans to launch five fully electric models between 2019 and 2021 and a range of hybrid models. It is also not a secret that Kiira Motors Corporation have a hybrid model, the Kiira Smack on their concept innovations display.International Automotive Industry commentators state that Volvo's announcement is a direct reflection of where the auto industry is headed. 

Electric buses for urban public transport, therefore , could help to reduce not only the sickening traffic jams but also curb air pollution in Kampala. KCCA can partner with Kiira Motors Corporation to set up electric buses test drives say along the new Entebbe express highway as they figure out how to solve the Kampala traffic jam quagmire.

The Writer is Media and Communications Consultant/ trainer and Advocate of the High Court of Uganda. This article can also be found at msserwanga.blogspot.com

msserwanga@gmail.com