By Moses Sserwanga
Parliament has this year created more than 20 new districts bringing the number of
the local administrative units to an unprecedented 119.
Uganda is one of the smallest countries in Africa with more districts than any
other country on the continent. Algeria, Sudan and the Democratic Republic of
Congo are the largest countries in Africa but each has less than 60 districts.
DR. Congo has 41 districts, Sudan 54 and Algeria only 34 districts.
This has certainly placed great strain on the limited physical and human
resources with some districts having hardly any competent technocrats to run
them. Another area of our public life that has been affected by the
proliferation of districts in this country, is the coordination of both
policy and institutional structures.
Although there have been efforts to develop and reform the decentralisation
programme with government considering a more advanced approach to public
administration through the E- government project, no tangible- positive results
have been realised that far. The E-government system installed by a Chinese
company Hauwei to help ministries coordinate their activities without
officers necessarily moving places, has not been optimally utilised .
Often the craze for new districts has been driven by political imperatives
without sustained planning to take into account the costs and what it takes to
deliver quality, adequate and timely services to the majority rural poor.
That’s why government should fast track the implementation of the E-government
programme .
E- government is a revolutionary concept that has given public administration a
new meaning in some of the more advanced countries like China. In china
alone ,the E-government model has helped transform local administration -
enabling improved coordination between the central , provincial and local
administrative units .
The successful example of this model can be borrowed from China’s western
mountainous province of Chengdu where a standard service oriented
E-government was created just six years ago and its now serving between 2-3
million people a year.
With this model, the central and provincial governments are in position to
speedily coordinate the operations of 43 ministries at a one stop center . For
instance if you are a foreign investor and you want to set up business in
Chengdu city , you don’t have to run from one ministry to another. All you need
to do is visit the Chengdu E- government service facility with highly
centralised service windows to address almost all people’s needs at reduced
cost and time.
This has created transparency, led to reduction in administrative costs and
red tape-ensuring a good business environment that is the hall mark of china’s
tremendous economic growth. With the e-goverment model the public is in
constant touch with the local administrators to determine public policy and the
pace of social and economic advancement. Public servants are monitored
through CCTV to ensure that they report for duty on time and attend to public
affairs with a professional tenacity that allows the Chinese people to work 24/7.
This approach is also quite significant because its has altered democratic
governance as it traditionally constituted - making nonsense of the quest by
any public servant / politician to make arbitrary decisions without the
approval of the people governed.
It has also opened up space for the leaders at all levels to exercise
creative policy engineering often needed to lift the economy . This can
perhaps explain why china , only this week ,became the second largest
economy in the world effectively overtaking Japan the hitherto, perennial
occupier of the number two position after the United States of America.
Now that our leaders are hell bent at creating as many districts as they can
possibly be, let them at least embrace the E- government model to scale down on
the costs of public administration and provide quality services to the people
in reasonable time.
The writer is a journalist and advocate
Tuesday, August 24, 2010
UGANDA -CHINA TIES ARE THEY BENEFICIAL FOR OUR COUNTRY
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 below:
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 below:
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.
Friday, May 28, 2010
ICC CONFERENCE OFFERS OPPORTUNITY TO COMMIT TO JUSTICE
By MOSES SSERWANGA
Uganda is privileged to host the first landmark review conference of the Rome Statute which established the International Criminal Court (ICC) . The United Nations Secretary General, Ban Ki-moon will open the historic conference today at Munyonyo.
It’s 12 years since the Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute), the treaty that established the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome. The statute, which came into force on July 1, 2002 and has since been ratified by 110 countries including Uganda, has drastically changed international criminal law.
The Rome Statute and its implementing agency the International Criminal Court, has in the short period of its existence ensured that perpetuators of horrendous crimes against humanity do not escape the rule of law. And the list of indicted suspects grows by the day, the latest being those accused of perpetuating crimes against humanity during the 2007/8 post election violence in Kenya.
The ever elusive Joseph Kony and his Lords Resistance Army (LRA) deputies Vincent Otti, Okot Odhiambo and Raska Lukwiya have also been indicted but are yet to face trial at the ICC. They stand accused of 33 counts of war crimes and crimes against humanity committed against the people of northern Uganda in the last 20 years.
The indictment of these men and others still at large in various parts of the world proves one thing ; that the Rome Statute which is now up for review, has to a certain degree been effective in ensuring that there is no place for impunity in the 21st Century. Of course there is a lacunas (gaps) in the Rome Statute which must be filled.
One such gap is the lack of a definition for the international crime of aggression. It is now a serious issue of contention because of the presumed influence of the powerful nations when they seek to attack or invade weaker nations without the approval of other civilized states.
Unlike the crimes of genocide, crimes against humanity and war crimes, the International Criminal Court (ICC) cannot exercise jurisdiction for the crime of aggression because the Statute is silent on its definition and doesn’t set out the circumstance under which court can summon suspects.
However , according to the proposed amendment the individual crime of aggression is now defined as the planning, preparation, initiation or execution by a person in a leadership position, of an act of aggression. Importantly, it contains the threshold requirement that the act of aggression must constitute a manifest violation of the Charter of the United Nations, which is basically an instrument geared at the peaceful co-existence of nations.
The act of aggression is the use of armed force by one State against another State without the justification of self-defense or without authorisation by the Security Council. The acts of aggression contained in the amendment proposals involve invasion by armed forces, bombardment and blockade.
It’s encouraging that in an effort to avert cross border wars between or among nations, the threshold and formulation of the proposed definition: there is preliminary compromise made by many states that the powerful states should not use their positions to invade other countries without the approval of the international community. It should be noted , however, that USA, France and Britain are some of the super powers still opposed to this settlement.
On the issues of ICC’s jurisdiction, there is also broad consensus that an investigation could be opened by the prosecutor on the basis of a UN Security Council referral, a state-party referral, or proprio motu (the prosecutor’s own volition). In other words, the same trigger mechanisms would apply as in the case of the other three crimes under the Court’s jurisdiction. No nation should be allowed to invade another without just cause and support of other civilised states.
The writer is a journalist and advocate
msserwanga@gmail.com
Uganda is privileged to host the first landmark review conference of the Rome Statute which established the International Criminal Court (ICC) . The United Nations Secretary General, Ban Ki-moon will open the historic conference today at Munyonyo.
It’s 12 years since the Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute), the treaty that established the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome. The statute, which came into force on July 1, 2002 and has since been ratified by 110 countries including Uganda, has drastically changed international criminal law.
The Rome Statute and its implementing agency the International Criminal Court, has in the short period of its existence ensured that perpetuators of horrendous crimes against humanity do not escape the rule of law. And the list of indicted suspects grows by the day, the latest being those accused of perpetuating crimes against humanity during the 2007/8 post election violence in Kenya.
The ever elusive Joseph Kony and his Lords Resistance Army (LRA) deputies Vincent Otti, Okot Odhiambo and Raska Lukwiya have also been indicted but are yet to face trial at the ICC. They stand accused of 33 counts of war crimes and crimes against humanity committed against the people of northern Uganda in the last 20 years.
The indictment of these men and others still at large in various parts of the world proves one thing ; that the Rome Statute which is now up for review, has to a certain degree been effective in ensuring that there is no place for impunity in the 21st Century. Of course there is a lacunas (gaps) in the Rome Statute which must be filled.
One such gap is the lack of a definition for the international crime of aggression. It is now a serious issue of contention because of the presumed influence of the powerful nations when they seek to attack or invade weaker nations without the approval of other civilized states.
Unlike the crimes of genocide, crimes against humanity and war crimes, the International Criminal Court (ICC) cannot exercise jurisdiction for the crime of aggression because the Statute is silent on its definition and doesn’t set out the circumstance under which court can summon suspects.
However , according to the proposed amendment the individual crime of aggression is now defined as the planning, preparation, initiation or execution by a person in a leadership position, of an act of aggression. Importantly, it contains the threshold requirement that the act of aggression must constitute a manifest violation of the Charter of the United Nations, which is basically an instrument geared at the peaceful co-existence of nations.
The act of aggression is the use of armed force by one State against another State without the justification of self-defense or without authorisation by the Security Council. The acts of aggression contained in the amendment proposals involve invasion by armed forces, bombardment and blockade.
It’s encouraging that in an effort to avert cross border wars between or among nations, the threshold and formulation of the proposed definition: there is preliminary compromise made by many states that the powerful states should not use their positions to invade other countries without the approval of the international community. It should be noted , however, that USA, France and Britain are some of the super powers still opposed to this settlement.
On the issues of ICC’s jurisdiction, there is also broad consensus that an investigation could be opened by the prosecutor on the basis of a UN Security Council referral, a state-party referral, or proprio motu (the prosecutor’s own volition). In other words, the same trigger mechanisms would apply as in the case of the other three crimes under the Court’s jurisdiction. No nation should be allowed to invade another without just cause and support of other civilised states.
The writer is a journalist and advocate
msserwanga@gmail.com
Wednesday, November 11, 2009
KAZINI'S LIFE: AN OFFICER WITH EXTRA ORDINARY SKILLS
KAZINI'S LIFE: An officer with extra ordinary skills
Moses Sserwanga
Kampala
Afande Kazini, as he was fondly referred to by his charges and friends, was a brave and no-nonsense commander who together with his late brother, Lt. Col Johnson Jet Mwebaze were some of the Luweero bush war veterans that were deployed by President Museveni to end the Allied Democratic Forces, (ADF) rebellion in western Uganda, in the mid 90s.
Unlike many other senior military officers, Gen. Kazini was never afraid of being in the company of journalists, taking them to the war frontline to have first hand information and later dining and wining with them as he looked forward to another day of battle field work. He took his security and that of his troops and civilians (including journalists) under his care seriously to the extent that he would arm “the Mchaka Mchaka graduates” as he routinely referred to some of us –in case things went out of hand.
Passionate soldier
His passion for good journalism was unrivalled- that on one occasion, when a landslide blocked the Fort Portal –Bundibugyo Road, he gave up his seat on a military helicopter to allow a journalist fly to the remote district to get the ‘real feel’ about the progress of the war. Such are the sad twists and turns of life that the man who survived countless enemy bullets and bombs in the bitter cold Rwenzori Mountains and the inhabited jungles of DR Congo, yesterday morning succumbed to death in such a bizarre non-combat situation.
I SWEAR: Gen. Kazini takes oath during his trial in the General Court Martial. His military career stumbled when he was charged in November 2005 with creating ghost soldiers.
A soldier with extra-ordinary military skills but short on academic credentials, Kazini was still very articulate in explaining his military strategies. He always found time to talk to journalists- to let the general public know about what went on in the war zone. “We in the military should be accountable to the people who pay our salaries and they need to know what we are doing,” he once stated.
One of the post bush war popular Generals, Kazini’s presence at the frontline was such a morale booster to the UPDF troops- that they would walk long distances- at times on empty stomachs to secure the Rwenzori region. And his high military rank and achievements notwithstanding, at the battle field, Kazini joined his troops to sing army victory songs and would share a plate of posh and beans with privates. These are some of the fine attributes of the fallen war hero that will perhaps mark his place in history. May his soul rest in eternal peace.
Mr Sserwanga covered the ADF war for three years and is Saturday Monitor Editor.
Moses Sserwanga
Kampala
Afande Kazini, as he was fondly referred to by his charges and friends, was a brave and no-nonsense commander who together with his late brother, Lt. Col Johnson Jet Mwebaze were some of the Luweero bush war veterans that were deployed by President Museveni to end the Allied Democratic Forces, (ADF) rebellion in western Uganda, in the mid 90s.
Unlike many other senior military officers, Gen. Kazini was never afraid of being in the company of journalists, taking them to the war frontline to have first hand information and later dining and wining with them as he looked forward to another day of battle field work. He took his security and that of his troops and civilians (including journalists) under his care seriously to the extent that he would arm “the Mchaka Mchaka graduates” as he routinely referred to some of us –in case things went out of hand.
Passionate soldier
His passion for good journalism was unrivalled- that on one occasion, when a landslide blocked the Fort Portal –Bundibugyo Road, he gave up his seat on a military helicopter to allow a journalist fly to the remote district to get the ‘real feel’ about the progress of the war. Such are the sad twists and turns of life that the man who survived countless enemy bullets and bombs in the bitter cold Rwenzori Mountains and the inhabited jungles of DR Congo, yesterday morning succumbed to death in such a bizarre non-combat situation.
I SWEAR: Gen. Kazini takes oath during his trial in the General Court Martial. His military career stumbled when he was charged in November 2005 with creating ghost soldiers.
A soldier with extra-ordinary military skills but short on academic credentials, Kazini was still very articulate in explaining his military strategies. He always found time to talk to journalists- to let the general public know about what went on in the war zone. “We in the military should be accountable to the people who pay our salaries and they need to know what we are doing,” he once stated.
One of the post bush war popular Generals, Kazini’s presence at the frontline was such a morale booster to the UPDF troops- that they would walk long distances- at times on empty stomachs to secure the Rwenzori region. And his high military rank and achievements notwithstanding, at the battle field, Kazini joined his troops to sing army victory songs and would share a plate of posh and beans with privates. These are some of the fine attributes of the fallen war hero that will perhaps mark his place in history. May his soul rest in eternal peace.
Mr Sserwanga covered the ADF war for three years and is Saturday Monitor Editor.
Thursday, September 17, 2009
ALLOW WORKERS TO BORROW FROM NSSF SAVINGS
Allow workers to borrow from NSSF savings
Dr Sam Lyomoki, one of the Workers’ MPs, has belatedly woken up to suggest that he will move a private members bill to amend the National Social Security Fund (NSSF) Act- the law that was meant to regulate and safeguard the workers pension fund. Even so, the MP’s suggested amendment(s) are largely targeted to the ‘juicy’ positions on the NSSF board which are of little consequence and no benefit at all to the toiling workers who are required by law to make monthly contributions/savings to this run-down Fund.
Before we even consider the merits and demerits of Dr Lyomoki’s proposed amendments, the leadership of this country needs to be reminded that apart from being at the core of the very survival of our national economy, (the total value of the Fund as of June 30, 2009 was Shs1.3 trillion with rations at 70 per cent fixed deposit, 10 per cent equity and 20 per cent real estate) the safety of workers’ savings is of great national concern. This is particularly so because at Shs1.6 trillion, the fund represents 21 per cent of our Shs6 trillion national budget.
The extent of the irregularities and criminality identified in the recent audit of NSSF did not only reveal a web of manipulation and insider dealings but also outright fraud. It is further apparent from the auditor’s report that some of the criminal actors in the NSSF saga are engaged in money dealing schemes at the expense of the principal beneficiaries of the fund who are the workers. This criminal impunity is also evidenced in part, from the court records in the case of NSSF versus Alcon.
The cost of this wanton behaviour doesn’t need a rocket scientist to fathom. Just about two years ago the workers had been promised a 14 per cent interest benefit on their accumulated savings. Now, after the reported fraud at Workers House, and just a year after the 14 per cent interest promise, the managers have had the audacity to tell the beneficiaries (workers) that their savings can only attract a paltry 2.5 per cent interest representing a massive 12.5 per cent decline annually. What a shame!
And yet, in typical Ugandan style, the workers who are the shareholders of the fund (owners) continue to be, for lack of a better word, gullible to these manipulations and daylight robbery.
But much as Ugandans are generally known for being indifferent about national issues, surely the estimated 300,000 members of NSSF can for once push for fundamental reforms in the pensions sector.
The idea of amending the NSSF Act should not be limited to the composition of the board because that alone will not be of any direct benefit to the workers. Instead, the law should be amended to eliminate the monopoly being enjoyed by the government-run NSSF. Workers should be at liberty to save their money with competent service providers in order to realise maximum benefits accruing from their savings.
The age at which members can access their savings should also be lowered from the current 55 to 40 years- given that the national life expectancy is 47 years. But perhaps the most fundamental reform needed in the pensions sector now, is to allow members to borrow against their savings. Workers should be allowed to employ their savings as security to acquire personal development soft loans at very affordable interest rates not exceeding 12 per cent annually.
National organisations like NSSF must not be meddled with for political expediency because the ramifications can be quite insurmountable. This is the more reason why the government should make an enduring positive difference by prevailing over the NRM-dominated Parliament to save the workers the agony of unrealised dreams.
Mr Sserwanga is journalist and advocate
msserwanga@gmail.com
Dr Sam Lyomoki, one of the Workers’ MPs, has belatedly woken up to suggest that he will move a private members bill to amend the National Social Security Fund (NSSF) Act- the law that was meant to regulate and safeguard the workers pension fund. Even so, the MP’s suggested amendment(s) are largely targeted to the ‘juicy’ positions on the NSSF board which are of little consequence and no benefit at all to the toiling workers who are required by law to make monthly contributions/savings to this run-down Fund.
Before we even consider the merits and demerits of Dr Lyomoki’s proposed amendments, the leadership of this country needs to be reminded that apart from being at the core of the very survival of our national economy, (the total value of the Fund as of June 30, 2009 was Shs1.3 trillion with rations at 70 per cent fixed deposit, 10 per cent equity and 20 per cent real estate) the safety of workers’ savings is of great national concern. This is particularly so because at Shs1.6 trillion, the fund represents 21 per cent of our Shs6 trillion national budget.
The extent of the irregularities and criminality identified in the recent audit of NSSF did not only reveal a web of manipulation and insider dealings but also outright fraud. It is further apparent from the auditor’s report that some of the criminal actors in the NSSF saga are engaged in money dealing schemes at the expense of the principal beneficiaries of the fund who are the workers. This criminal impunity is also evidenced in part, from the court records in the case of NSSF versus Alcon.
The cost of this wanton behaviour doesn’t need a rocket scientist to fathom. Just about two years ago the workers had been promised a 14 per cent interest benefit on their accumulated savings. Now, after the reported fraud at Workers House, and just a year after the 14 per cent interest promise, the managers have had the audacity to tell the beneficiaries (workers) that their savings can only attract a paltry 2.5 per cent interest representing a massive 12.5 per cent decline annually. What a shame!
And yet, in typical Ugandan style, the workers who are the shareholders of the fund (owners) continue to be, for lack of a better word, gullible to these manipulations and daylight robbery.
But much as Ugandans are generally known for being indifferent about national issues, surely the estimated 300,000 members of NSSF can for once push for fundamental reforms in the pensions sector.
The idea of amending the NSSF Act should not be limited to the composition of the board because that alone will not be of any direct benefit to the workers. Instead, the law should be amended to eliminate the monopoly being enjoyed by the government-run NSSF. Workers should be at liberty to save their money with competent service providers in order to realise maximum benefits accruing from their savings.
The age at which members can access their savings should also be lowered from the current 55 to 40 years- given that the national life expectancy is 47 years. But perhaps the most fundamental reform needed in the pensions sector now, is to allow members to borrow against their savings. Workers should be allowed to employ their savings as security to acquire personal development soft loans at very affordable interest rates not exceeding 12 per cent annually.
National organisations like NSSF must not be meddled with for political expediency because the ramifications can be quite insurmountable. This is the more reason why the government should make an enduring positive difference by prevailing over the NRM-dominated Parliament to save the workers the agony of unrealised dreams.
Mr Sserwanga is journalist and advocate
msserwanga@gmail.com
Wednesday, June 3, 2009
JUDGES MUST BE ABOVE REPROACH
Some of the cardinal principles and rules of judicial conduct are to the effect that justice is administered without fear or favour, affection or ill will. However, these fundamentals seem to have been given second rate attention in our justice system lately.
The judiciary is back on the front pages of the national newspapers albeit for the wrong reasons. The decision by the Uganda Law Society members not to appear before one member of the bench newly appointed Justice,Anup Singh Choudry for alleged misconduct while in practicing law in the UK, is a highlight of the unfortunate and undesirable situation where some judicial officers have thrown the much-cherished judicial decorum to the wind.
And the problem of errant judicial officers who include magistrates at all levels and even high court judges is not new to the Ugandan public. There are numerous cases where inept and corrupt judicial officers have denied litigants justice. These by the way are the same officers who are supposed to jealously guard the succinct of our fragile justice system.
One of the celebrated and most progressive English Judges the world has come to know, Lord Denning MR (Master of Rolls) has defined justice to mean what the right -minded members of the community- those who have the right spirit within them- believe to be fair.
Lord Hewart C.J as he then was, also coined the famous phrase: " justice should not only be done, but be manifestly seen to be done " . Article 15(1) of the Constitution captures the same spirit of fairness where it states that a litigant or accused person must be afforded a fair hearing by an independent and impartial court.
The administration of such justice therefore rests on advocates and more particularly judicial officers. Their guiding star as Chief Justice Benjamin Odoki has stated previously, is the judicial oath, which is a symbol of both their independence and impartiality.
Justice Odoki has also noted that judicial officials can achieve true understanding and respect for the judiciary only as a public response to their integrity, impartiality, fair play, conscientious attention to duty and simple courtesy.
Public esteem therefore, cannot be regained until each judge is willing to accept his personal accountability as an integral part of the responsible group. Evil grows because good men do nothing about it.
Unfortunately some of the learned gentlemen and ladies of the bench seem have forgotten that they took the judicial oath to dispense the much craved for justice in our society.
And this grim picture was well captured by non other than the chief executive of this country President Yoweri Museveni some ten years back at the swearing in of Chief Justice Benjamin Odoki. In his witty style, the first remarks President Museveni made shortly after Justice Odoki had taken oath were and I quote: " Mr. Acting Chief Justice, you will have a big problem of fighting drunkenness among some of the magistrates. I have reliably learnt that drink is affecting the efficiency of some of the magistrates so much so that they are continually late in court and some are heavily in debt.
I need hardly emphasise that being drunk and being in debt are the surest ways of becoming corrupt " . But these were not the only complainants Museveni had against judicial officers in this country.
He went ahead and highlighted a number in fact eight to be precise and I will summarise them. He did complain about the notorious, yes notorious court clerks whom he said brandish their power in such a manner that those who look at them from a distance think they are executioners and not peace-makers.
These are the same clerks who extort money from the unsuspecting public while claiming to know the ' right> judges/ magistrates who can easily give a litigant the relief sought. In deed it ' s also true that some judicial officers accept ' gifts ' or call them ' envelopes ' .
The same judicial officers adjourn cases unnecessarily and this causes a failure of justice. No wonder the Chief Justice, just a fortnight ago, announced that he was working on a regulation that will limit the number of times a case can be adjourned. This could not have come at a better time for the much suffering public.
There are also reports where judicial officers in an attempt to get ' ease ' money try bogus cases at times without court files and order for fines to be paid and pocket the proceeds. I hope the readers of this column have not forgotten the scandal that again graced the cover pages of our national papers when some judicial officers pocketed millions of shilling received in bail money.
And what the public doesn ' t know is that once you pay for bail and the matter or case is settled by court such monies are supposed to be refunded. But because of the excitement of one securing their liberty, normally people don ' t claim for these monies.
Some magistrates are so lazy that they illegally compel accused persons to plead guilty and not waste court ' s time when there is a strong arguable case. They also in some cases reserve judgments for such long periods that it amounts to miscarriage of justice.
The president noted then, that if the judicial officers don' t hold the law in high repute, if people begin to feel that courts are unable to redress their wrongs speedily and cheaply, the image of the law will suffer and when the image of the law suffers, the image of the judiciary would also suffer.
It is an established principle throughout the whole of the civilized world that judges and all other judicial officers should be completely clean in their handling of disputes among the parties.
In his essay about the judicature, Bacon stated, " a judge ought to be more learned than witty, more reverend than plausible, and more advised than confident but above all 9 emphasis mine , integrity is their portion and proper virtue " .
This column will next week discuss the judicial code of conduct and subsequently examine the legal procedure of removing an errant judge/magistrate from office.
The writer is a Journalist and Advocate.
+256772434677
The judiciary is back on the front pages of the national newspapers albeit for the wrong reasons. The decision by the Uganda Law Society members not to appear before one member of the bench newly appointed Justice,Anup Singh Choudry for alleged misconduct while in practicing law in the UK, is a highlight of the unfortunate and undesirable situation where some judicial officers have thrown the much-cherished judicial decorum to the wind.
And the problem of errant judicial officers who include magistrates at all levels and even high court judges is not new to the Ugandan public. There are numerous cases where inept and corrupt judicial officers have denied litigants justice. These by the way are the same officers who are supposed to jealously guard the succinct of our fragile justice system.
One of the celebrated and most progressive English Judges the world has come to know, Lord Denning MR (Master of Rolls) has defined justice to mean what the right -minded members of the community- those who have the right spirit within them- believe to be fair.
Lord Hewart C.J as he then was, also coined the famous phrase: " justice should not only be done, but be manifestly seen to be done " . Article 15(1) of the Constitution captures the same spirit of fairness where it states that a litigant or accused person must be afforded a fair hearing by an independent and impartial court.
The administration of such justice therefore rests on advocates and more particularly judicial officers. Their guiding star as Chief Justice Benjamin Odoki has stated previously, is the judicial oath, which is a symbol of both their independence and impartiality.
Justice Odoki has also noted that judicial officials can achieve true understanding and respect for the judiciary only as a public response to their integrity, impartiality, fair play, conscientious attention to duty and simple courtesy.
Public esteem therefore, cannot be regained until each judge is willing to accept his personal accountability as an integral part of the responsible group. Evil grows because good men do nothing about it.
Unfortunately some of the learned gentlemen and ladies of the bench seem have forgotten that they took the judicial oath to dispense the much craved for justice in our society.
And this grim picture was well captured by non other than the chief executive of this country President Yoweri Museveni some ten years back at the swearing in of Chief Justice Benjamin Odoki. In his witty style, the first remarks President Museveni made shortly after Justice Odoki had taken oath were and I quote: " Mr. Acting Chief Justice, you will have a big problem of fighting drunkenness among some of the magistrates. I have reliably learnt that drink is affecting the efficiency of some of the magistrates so much so that they are continually late in court and some are heavily in debt.
I need hardly emphasise that being drunk and being in debt are the surest ways of becoming corrupt " . But these were not the only complainants Museveni had against judicial officers in this country.
He went ahead and highlighted a number in fact eight to be precise and I will summarise them. He did complain about the notorious, yes notorious court clerks whom he said brandish their power in such a manner that those who look at them from a distance think they are executioners and not peace-makers.
These are the same clerks who extort money from the unsuspecting public while claiming to know the ' right> judges/ magistrates who can easily give a litigant the relief sought. In deed it ' s also true that some judicial officers accept ' gifts ' or call them ' envelopes ' .
The same judicial officers adjourn cases unnecessarily and this causes a failure of justice. No wonder the Chief Justice, just a fortnight ago, announced that he was working on a regulation that will limit the number of times a case can be adjourned. This could not have come at a better time for the much suffering public.
There are also reports where judicial officers in an attempt to get ' ease ' money try bogus cases at times without court files and order for fines to be paid and pocket the proceeds. I hope the readers of this column have not forgotten the scandal that again graced the cover pages of our national papers when some judicial officers pocketed millions of shilling received in bail money.
And what the public doesn ' t know is that once you pay for bail and the matter or case is settled by court such monies are supposed to be refunded. But because of the excitement of one securing their liberty, normally people don ' t claim for these monies.
Some magistrates are so lazy that they illegally compel accused persons to plead guilty and not waste court ' s time when there is a strong arguable case. They also in some cases reserve judgments for such long periods that it amounts to miscarriage of justice.
The president noted then, that if the judicial officers don' t hold the law in high repute, if people begin to feel that courts are unable to redress their wrongs speedily and cheaply, the image of the law will suffer and when the image of the law suffers, the image of the judiciary would also suffer.
It is an established principle throughout the whole of the civilized world that judges and all other judicial officers should be completely clean in their handling of disputes among the parties.
In his essay about the judicature, Bacon stated, " a judge ought to be more learned than witty, more reverend than plausible, and more advised than confident but above all 9 emphasis mine , integrity is their portion and proper virtue " .
This column will next week discuss the judicial code of conduct and subsequently examine the legal procedure of removing an errant judge/magistrate from office.
The writer is a Journalist and Advocate.
+256772434677
Tuesday, June 2, 2009
MEDICINE AND THE LEGAL CONSENT OF THE UNDER AGE (CHILDREN)
MEDICINE AND THE LEGAL CONSENT OF THE UNDER AGE (CHILDREN)
As the state struggles to marshal resources to meet core components of the right to health ,the majority of Ugandans who live in the country side l walk long distances to get to the nearest health center for medical attention.
And when they finally get there , the quality of services they get from these inadequately manned health centers are deploreable to say the least . These health centers lack medicines and medical implements. The poor suffering rural folks are in most cases left to the mercy of God.
One important development in the law of malpractices among medical practitioners therefore, concerns the direct liability of provider units( read village clinics or health centers) and the medical workers who man them for the failures in their services.
Courts have maintained that even in situations like Uganda where health centers are poorly serviced , in terms of medicines and medical equipment, a doctor or any other health worker has a higher duty to provide a satisfactory standard of care to avoid causing injury to a patient like the case was with Nafuna a baby girl who lost her arm due to a poorly administered injection.
The standard of care which has to be adhered to by all medical practitioners extends even to diagnosis and communication with the patient(s). For instance in medical practice, before a medical worker ventures into diagnosis, he must first get to understand the medical history of a patient.
And the readers of this column will agree that this is not the practice in many of our clinics let alone our major referral hospitals . Doctors and nurses alike , are always in a hurry to diagnosis patients even before knowing the history of the cases brought or refered to them. The doctor's failure to study the a patient's medical history can be fatal. it does not only lead to wrong diagnosis but also wrong prescription and wrong treatment and in a process aggrevates a patient's condition. That ' s why courts have again held medical workers liable if they give a wrong diagnosis which is contrary to acceptable standard practice. In situations where a patient(s) would be entitled to damages.
The intervention of courts in cases of negligence in communication by the medical professionals is also on the rise. As more and more doctors and paramedical workers become involved in a patient ' s treatment, the danger of verbal instructions to such a patient is only too apparent. Errors in the general practitioner ' s letter of referral where say a doctor refers to left leg instead of right leg can so easily lead to an injury of a patient.
In the case of Nafuna another legal issue seems to have emerged. The girl's father didn't consent to decision of the specialised doctor to amputate her harm. The question then is , in life threatening situations where minors are involved, do doctors have to seek consent of parents before carrying out a medical procedure which can like in the case of Nafuna ,lead to permanent disability?
The care of children is governed by the general principles governing professional standards. The law of consent is premised on the assumption that patients will normally be able to take decisions for themselves, but this will often not be the case with children.
In cases where children cannot consent a parent may usually give consent on their behalf. A child or minor according to our constitution is a person below the age of 18 and by implication such a person can not give legal consent. That ' s why even if a 17 year old girl willingly indulges in a sexual relation with a man, the man would still be charged with defilement and he can ' t plead that the 17 year old girl gave consent.
However, for medical purposes, courts have held that the test to be applied is whether the child had ' sufficient understanding and intelligence to enable him or her to understand fully what a doctor has proposed ' .
Understanding fully, therefore requires an appreciation of the consequences of treatment , including possible side effects, and also the anticipated consequences of failure to treat. And the test of maturity established by courts is assessed in respect of each individual child and each separate medical treatment.
An example of who the test of maturity has been applied can be found in one of the decided cases, where a 15 year old boy who was dying of leukaemia expressed his opposition to receiving a blood transfusion . the judge held that he did not appreciate the extent of the fear and distress he would suffer, and consequently did not really understand what he was demanding. He was therefore not competent to give consent.
The overwhelming picture that emerges from this is - that courts are reluctant to allow children to choose to die rather than live and extremely resistant to such decisions where the motivation is religious. And doctors need to seek consent of parents when medical treatment is required as an emergency to save life.
So Nafuna ' s case is arguable since its not clear whether her condition was treated as a case of emergency to save her life by the doctors who amputated her arm. The facts show that the girl ' s father was opposed to the doctor ' s decision to amputate- however is the doctor the girl ' s arm as an emergency to save her life, then he is protected under the law.
Courts have stated that where it would be considered unreasonable in the opinion of most relevant medical experts to withhold the medical care in question, and it does not raise social or moral considerations , then it is permissible to proceed without parental consent and even in the face of parental objection like in the case of Nafuna ' s father.
These legal principles therefore , allow medical practitioners to dispense medicines and treatment when it is done in the interest of the person who cannot consent and permit the health care professionals to judge where those interests lie.
In situations where parents disagree on the issue of consent in cases which are not of an emergency nature, courts have held the medical professional could still be held liable if the proceeded to treat a child. It is also possible that it might amount to negligence if no responsible body of professional opinion would support proceeding without the consent of both parents.
And where parents and children disagree, the law is to the effect that health professionals can only treat the basis of the parental approval. This is because the right to consent to treatment is only lost by parents once the child became competent to consent. The law presumes that parents stand in the best position to attend to the best interests of their children for as long as the case is not of an emergency nature to save the life of a minor.
Moses Paul Sserwanga
Journalists/ advocate
Mobile-0772 43 46 77
msserwanga@yahoo.com
As the state struggles to marshal resources to meet core components of the right to health ,the majority of Ugandans who live in the country side l walk long distances to get to the nearest health center for medical attention.
And when they finally get there , the quality of services they get from these inadequately manned health centers are deploreable to say the least . These health centers lack medicines and medical implements. The poor suffering rural folks are in most cases left to the mercy of God.
One important development in the law of malpractices among medical practitioners therefore, concerns the direct liability of provider units( read village clinics or health centers) and the medical workers who man them for the failures in their services.
Courts have maintained that even in situations like Uganda where health centers are poorly serviced , in terms of medicines and medical equipment, a doctor or any other health worker has a higher duty to provide a satisfactory standard of care to avoid causing injury to a patient like the case was with Nafuna a baby girl who lost her arm due to a poorly administered injection.
The standard of care which has to be adhered to by all medical practitioners extends even to diagnosis and communication with the patient(s). For instance in medical practice, before a medical worker ventures into diagnosis, he must first get to understand the medical history of a patient.
And the readers of this column will agree that this is not the practice in many of our clinics let alone our major referral hospitals . Doctors and nurses alike , are always in a hurry to diagnosis patients even before knowing the history of the cases brought or refered to them. The doctor's failure to study the a patient's medical history can be fatal. it does not only lead to wrong diagnosis but also wrong prescription and wrong treatment and in a process aggrevates a patient's condition. That ' s why courts have again held medical workers liable if they give a wrong diagnosis which is contrary to acceptable standard practice. In situations where a patient(s) would be entitled to damages.
The intervention of courts in cases of negligence in communication by the medical professionals is also on the rise. As more and more doctors and paramedical workers become involved in a patient ' s treatment, the danger of verbal instructions to such a patient is only too apparent. Errors in the general practitioner ' s letter of referral where say a doctor refers to left leg instead of right leg can so easily lead to an injury of a patient.
In the case of Nafuna another legal issue seems to have emerged. The girl's father didn't consent to decision of the specialised doctor to amputate her harm. The question then is , in life threatening situations where minors are involved, do doctors have to seek consent of parents before carrying out a medical procedure which can like in the case of Nafuna ,lead to permanent disability?
The care of children is governed by the general principles governing professional standards. The law of consent is premised on the assumption that patients will normally be able to take decisions for themselves, but this will often not be the case with children.
In cases where children cannot consent a parent may usually give consent on their behalf. A child or minor according to our constitution is a person below the age of 18 and by implication such a person can not give legal consent. That ' s why even if a 17 year old girl willingly indulges in a sexual relation with a man, the man would still be charged with defilement and he can ' t plead that the 17 year old girl gave consent.
However, for medical purposes, courts have held that the test to be applied is whether the child had ' sufficient understanding and intelligence to enable him or her to understand fully what a doctor has proposed ' .
Understanding fully, therefore requires an appreciation of the consequences of treatment , including possible side effects, and also the anticipated consequences of failure to treat. And the test of maturity established by courts is assessed in respect of each individual child and each separate medical treatment.
An example of who the test of maturity has been applied can be found in one of the decided cases, where a 15 year old boy who was dying of leukaemia expressed his opposition to receiving a blood transfusion . the judge held that he did not appreciate the extent of the fear and distress he would suffer, and consequently did not really understand what he was demanding. He was therefore not competent to give consent.
The overwhelming picture that emerges from this is - that courts are reluctant to allow children to choose to die rather than live and extremely resistant to such decisions where the motivation is religious. And doctors need to seek consent of parents when medical treatment is required as an emergency to save life.
So Nafuna ' s case is arguable since its not clear whether her condition was treated as a case of emergency to save her life by the doctors who amputated her arm. The facts show that the girl ' s father was opposed to the doctor ' s decision to amputate- however is the doctor the girl ' s arm as an emergency to save her life, then he is protected under the law.
Courts have stated that where it would be considered unreasonable in the opinion of most relevant medical experts to withhold the medical care in question, and it does not raise social or moral considerations , then it is permissible to proceed without parental consent and even in the face of parental objection like in the case of Nafuna ' s father.
These legal principles therefore , allow medical practitioners to dispense medicines and treatment when it is done in the interest of the person who cannot consent and permit the health care professionals to judge where those interests lie.
In situations where parents disagree on the issue of consent in cases which are not of an emergency nature, courts have held the medical professional could still be held liable if the proceeded to treat a child. It is also possible that it might amount to negligence if no responsible body of professional opinion would support proceeding without the consent of both parents.
And where parents and children disagree, the law is to the effect that health professionals can only treat the basis of the parental approval. This is because the right to consent to treatment is only lost by parents once the child became competent to consent. The law presumes that parents stand in the best position to attend to the best interests of their children for as long as the case is not of an emergency nature to save the life of a minor.
Moses Paul Sserwanga
Journalists/ advocate
Mobile-0772 43 46 77
msserwanga@yahoo.com
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