On November 17, 2023, during the 15th Annual Rule of Law Symposium held at the Golden Tulip Hotel in Kampala, the Uganda Law Society (ULS) released the third quarterly Rule of Law Report (July–October 2023) under the theme “Advancing the Fights for Human Rights: The Critical Role of Security Agencies.”

The report focuses on the review of events like the week-long Legal Aid/Pro Bono Week, numerous professional trainings for members, youth engagements, the Ben Kiwanuka Annual Memorial Lecture, and other engagements all of which demonstrate ULS’ unwavering commitment to the betterment of its members, the community, and the nation at large.

It also captures critical events and issues, including the appointment of new judicial officers, the introduction and passage of new legislation, reports on cases of human rights violations, the empanelment of commissions of inquiry to investigate disputes of wide importance, the rising cases of enforced disappearances, violations of the rights of journalists, and general reports on the state of governance and the Rule of Law in Uganda.

According to Mr. Bernard Oundo, “the President of the Uganda Law Society, achieving an ideal state of rule of law in our society is a gradual and often painstaking process, but the rewards are infinitely worth the effort put in. The Rule of Law Report aims to inspire collaborative efforts towards a more just, equitable, and accountable society where the rule of law prevails for the benefit of all citizens.”

Mr. Oundo called on the relevant government, ministries, departments, and agencies, as well as civil society and the citizenry, to take keen interest in the recommendations outlined in the report in order to propel Uganda to the ideal state of governance and development that is desired.

While delivering a keynote speech, Dr. Livingstone Ssewanyana, the Executive Director of the Foundation for Human Rights Initiative, emphasised that the role of security agencies in promoting human rights should be critically assessed, taking into consideration all security organs. He called upon security agencies to uphold the principles of international humanitarian law and to ensure that impunity does not prevail in the execution of their duties.

Hon. Nobert Mao, the cabinet minister for Justice and Constitutional Affairs noted that the government is working tirelessly to increase the number of judges in the high court, and court of appeal as well as recruiting magistrates in every constituency of Uganda to reduce on case backlog in courts of law. He also advised opposition leaders that regardless of one’s affiliation, leaders should focus on holding constructive engagements with the state if their agenda is regime change.

It should be noted that in order to ensure that everyone is subject to the law and that no one is above it, the rule of law requires that laws be transparent, unambiguous, and administered uniformly.

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Those who do not know their EPS status, can cross check it, by downloading the UPF Mobi App, on an Android Smartphone and check for it up. Motorists can also go to the nearest traffic office, and check for the EPS status while at the station, any traffic officer, with an EPS tracking gadget, can check if your driving permit has an EPS ticket pending payment or not. Arrangements are also in place by the Directorate of ICT, on how to rejuvenate the short SMS code in coordination with the Uganda Communications Commission.

If you establish that you have a pending EPS ticket, please go to the bank and pay the traffic fine using the EPS Ticket, or on mobile money, Pay way or any Agent banking dealer. Do not ignore to pay a traffic ticket because it is an obligation for a traffic violator or defaulter, to respond to a traffic ticket within the stipulated time. Failure to do so, you will be deemed guilty by the law. As a result, one may face a surcharge for late payment of 50%, or have their motor vehicle impounded, their driving licence not renewed, pending clearance of the traffic ticket or taken to court. All these actions may be very inconvenient, disruptive or costly.

You must all remember, that police records are very well kept. Those who think they can avoid payment of the traffic ticket, are totally wrong. For instance, we have records of all traffic defaulters/violators to the pending EPS arrears of Ugx 8bn. It is against this background, that we are reminding all traffic penalty defaulters to clear their payments. We are commencing operations to crack down on all traffic penalty defaulters, on Monday 22.08.2022. The operations will target vehicles with unpaid EPS tickets, during the stop and search traffic operations, as well as tracking them from the CCTV camera centres. We also have plans of publishing the list of EPS defaulters in the print and electronic media.

At any stage, a traffic defaulter will find him or herself, involved with the police, who will arrest or impound their vehicle. Defaulters do not have a choice but to clear their arrears. Imagine if you are a driver who lives or earns by driving, its your way of life, you need to protect, your job, by jealously guarding your driving record.

If you think, petition and present your case to the EPS tracking unit, at the Directorate of Traffic and Road Safety, at Nateete Police Headquarters, for further review or any other inquiry. You can also call our toll-free number 0800199099 for further information.

All in all, the EPS tickets have enabled police to track the driving performance of motorists in Uganda and to penalize bad drivers.  The larger the infraction, the higher the fines, penalties and court action.

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“I warmly welcome you, Gen Busizoori to 3 Division to add positive energy towards disarmament operations in the Karamoja sub-region,” Gen Balikuddembe said, adding that he knows Gen Busizoori as a hard-working and knowledgeable officer.

The Division Commander said that it’s only through this current government under the stewardship and visionary leadership of President Museveni and the professional UPDF that disarmament operations were launched and registered a number of progressive phases.

“We must work hard, jointly with all stakeholders to create more conducive conditions and transform Karamoja to greater levels,” Gen Balikuddembe remarked.

He implored the commanders to maintain the visible strides so far made, in terms of arms, livestock recoveries, and scaled-down livestock raids which have ushered in relative calmness in the sub-region.

He further told officers to maintain operational momentum, especially in Kotido district for peace to prevail in other districts.

“The ongoing simultaneous cordon and search operations are a tested simultaneous approach that we must relentlessly double our efforts to decisively deal and defeat all criminal elements,” emphasised the Division Commander and also Commander of Operation.

He commended the outgoing Deputy Division Commander Brig Gen Mugisha for being a result-oriented person. “You are reliable, disciplined, and a performer. Maintain the same caliber, be our ambassador in your next tour of duty,” he added

The Outgoing Second in Command and now Special Forces Commander Brig Gen Mugisha thanked the President and Commander-In-Chief of the UPDF for entrusting him with the new responsibility.

He also expressed his sincere gratitude to both officers and men for the cooperation and hard work they exhibit and requested them to do the same to his successor.

In his acceptance remarks, Brig Busizoori thanked the President and C-I-C for recognizing his contribution towards building a modern, efficient and professional force, which has prompted the current appointment.

The new Deputy Division Commander promised to perform oversight and supervisory roles to strengthen the edge with the people through training to build more troops’ capacity and combat readiness, accountability of personnel and equipment serviceability, welfare, and ideological orientation.

He urged the Commanders and staff officers to continue embracing teamwork, cooperation, discipline, and having the integrity to accomplish the desired tasks.

The hand and take-over ceremony was attended and witnessed by Brigade and Battalion Commanders, and key staff officers and men of the Division.

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The suspect identified as Ssozi Derrick 20 years was arrested during an intelligence-led operation in areas of Kisumu Village, Nabweru Division in Wakiso District on 24/04/2022 at around 1500 hrs.

Ssozi, a resident of the same area was found allegedly surveilling the area while carrying a backpack.

An immediate search was conducted and officers recovered the following items from his backpack; 01 Panga wrapped in a red cloth, 02 knives, 01cutter and 02 harmers. The bag is also suspected to be stolen.

According to Owoyesigire, the detectives proceeded to his place of residence where another search was carried out and several suspected stolen properties were recovered. These include; 02 television sets, 02 woofers, 02 fans, three master keys, 01 Techno smartphone, cash amounting to four million fifty thousand Ugandan shillings (4,050,000) and other household items valued at thirteen million (13 million) Shillings.

“We also recovered two Motorcycles Reg nos. UFA 513J and UFL 408A suspected to be stolen, breaking implements, 03 Master keys, a cutter( blue cover), 05 Notes of South Sudanese pounds in the denomination of 50, 50 notes of Kenyan shillings, one hundred rupees, 05 suspected stolen mobile phones of infinix hot 10, W$Q (blue), Tecno smartphone, MI smart (pink) and itel buttons (mapeesa), a lap smart television, 02 sets of subwoofers HiFi and smart, 01 DVD player, 02 fans, 01 ADH refrigerator among others,” Owoyesigire said.

The Joint task team has intensified operations to find Ssozi’s colleagues and the suspect is currently being detained by Nansana police as investigations continue.

ASP Luke Owoyesigyire has urged Ugandans to remain vigilant so as to fight criminal gangs in their areas of residence.

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This was in a weekly police press conference revealed by ASP Faridah Nampiima, the traffic and road safety directorate spokesperson saying that a total of 108 accidents occurred in two Easter days and out of these 24 were fatal, 57 were serious and 27 were minor.

ASP Nampiima narrated that in the above two days’ accidents, 75 people were injured while 29 died.

In her report, Nampiima further said that a total of 9,278 traffic offenders were arrested and issued EPS tickets on various traffic offences at various checkpoints in the whole country from 10th to 18th April 2022 of which among these reckless driving 1,868, DMCs 1,869, invalid driving license 820, speeding 343, Not wearing seat belts 751, Riding a motorcycle without wearing a crash helmet 520, carrying more than one passenger on the motorcycle 142 among others.

The traffic and road safety directorate spokesperson warned all those operating private vehicles and station wagons [drones] to offer public transport without a license to stop it immediately.

“As you are aware section 105[1] of the traffic and Road Safety Act 1998 [as amended 2020] makes it an offence to use a vehicle for the carriage of passengers or goods for hire or reward when not licensed to do so or in breach of license and on conviction a fine of not less than fifteen currency points [ 300,000/=] and not exceeding one hundred currency points [2,000,000/=] or imprisonment not exceeding year or both”, she added.

ASP Nampiima has appealed to all drivers and road users to drive with discipline and avoid recklessness in a bid to reduce the rate of road accidents due to negligence.

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According to Faridah Nampiima the traffic and road safety directorate spokesperson, a bus belonging to YY Coaches company on Tuesday 19th April 2022 overturned at Wampewo Avenue along Jinja Road.

She noted that the accident which happened at around 6:00 am interrupted the traffic flow along the Wampewo roundabout and Jinja Road.

By press time, the actual number of casualties was yet to be established but according to Faridah Nampiima three passengers had already been confirmed critically injured and currently receiving treatment in Hospitals.

Nampiima said that the YY Coaches bus registration number UBG 463C was heading to Kampala from Mbale by the time it had an accident.

The traffic and road safety directorate spokesperson faulted the bus driver for speeding which she said resulted in the failure to negotiate the corner at the roundabout.

The incident comes just a few days after another bus belonging to Global Buses overturned in Lweera injuring three people.

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Police have summoned the father of the fallen speaker, National Unity Platform (NUP) President Robert Kyagulanyi (Bobi Wine), Vice-chairman NRM Buganda, Godfrey Kiwanda, MP Gilbert Oulanya, and Minister Chris Baryomunsi to assist with ongoing investigations surrounding allegations that the late speaker was poisoned.

This comes in the wake of the country’s president, Yoweri Museveni, warning the citizenry against engaging in unfounded allegations surrounding the fallen speaker’s death, lest they be summoned to assist the police with investigations pertaining to the matter.

The allegations were kicked off by the late speaker’s dad, who reported to the media that his son confessed to him that he was poisoned.

Bobi Wine, the leader of NUP, further noted that he wanted police to speed up investigations surrounding the passing of the leader.

Godfrey Kiwanda, the former mister of tourism and ruling NRM Vice Chairperson, also fueled the allegations, disclosing that the late Speaker of Parliament, told him that he was poisoned.

Kiwanda made these allegations while appearing on Capital FM’s “The Capital Gang” show.

Kiwanda noted that as much as Oulanyah had other underlying illnesses, the fact that he was poisoned should not be ruled out.

“Yes, he told me he was poisoned, and he asked me not to tell anyone. However, I disclosed it to Hon Chris Baryomunsi, “said Kiwanda.

Kiwanda added that Oulanyah’s condition worsened after 4-5 months.

Kiwanda’s claims came just a day after Nathan L’Okori, the father of Oulanyah, insisted that his son did not die of natural causes but was poisoned.

According to police spokesperson Fred Enanga, tests performed on the deceased’s body indicate that no form of poison was in the fallen giant’s body and therefore all parties harboring information that Oulanyah was poisoned are to be called to the police to assist with investigations.

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Some of the businessmen and women occupying the area of Kasangi claim that they are working for big people in the government. Some of these Chinese nationals are operating solely without even a registered company they mine sand direct from the lake which is an illegal activity.

According to our sources, it is alleged that the Lwera based companies labelled Double Q and Kamaliba community among many others are guarded by men in uniform and are operating on forged documents from the famous Nasser road a street in Kampala commonly known for duplication and manipulation of authoritative documents in the country.

Double Q company has gone ahead to construct permanent structures with a wall fence in the Lwera wetland. More structures are covered with containers with the intention of dodging enforcement to demolish them.

The Chairman Kamaliba community and the project lead claim to be a cadre supporting the ruling party the National Resistance Movement and that his trust and confidence are confined in the generals of the Uganda Peoples’ Defense Force and their friends.

Speaking to one Thomas (not real name) he says, this shows that the inspectors from the Ministry of Water and Environment together with the National Environmental Authority (NEEMA) are not doing enough and nothing they can do to stop these dangers to the environment.

“The illegal activities ongoing are a source of daily bread to these officers around.  They pretend to have closed some of them but in just an hour after the operation, you find that the companies have resumed work.”

At one time Members of Parliament on the Committee of Environment made a tour to Lwera but surprisingly instead of taking them to the companies performing illegal mining activities they were led to a rice irrigation farm.

This leads to a confirmation that the officers from the authority in charge of protecting the environment (NEMA) are aware of the dubious actions ongoing in the Lwera wetland. This has coined a number of questions.

Some of the companies that are fully registered and legally operating raise an alarm of unfair competition from the briefcase and red flag the companies which are not known legally and are doing business (mining and selling sand at a price of their choice).

PUBLIC CONCERNS:

1. There should be a uniform price range of sellers in the sand mining areas to create a fair completion among the business competitors.
2. Is the Environmental Police and NEMA aware of permanent buildings in Lwera wetlands?
3. Constructed permanent structures in the Lwera wetlands should be demolished and also other ongoing constructions in sand mining areas stopped.
4. Why has NEMA failed to stop illegal sand miners from operating until they get clear documents from the authorities?
5. NEMA and the Environmental Police should explain why materials including machines of some companies which are illegally operating in the wetlands cannot be confiscated.
6. Is the Environmental enforcement Police supporting the misuse of wetlands as well as aiding the construction of permanent buildings in these areas?
7. Why should companies continue to violate environmental guidelines unquestionable?
8. Why is the Ministry of Water and Environment and environmental activists silent on the issues concerning the dying nature in these wetlands?
9. Activities of Kamaliba Community, Katabazi and Double Q companies should be cross-checked in regards to environmental protection and destruction.
10. Relevant agencies should ONLY issue permits to competent companies but also be keen on how their activities in the wetlands.

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The seven were arrested in raids on two hideouts. Police spokesperson Fred Enanga declined to name the seven suspected terrorists.

But he said they had offered helpful clues on their targets, as well as the person motivating them to carry out attacks.

“Upon interrogation, they clearly indicated how they were being inspired, to carry out attacks on security personnel and VIP installations, within the country, by Imam Sulaiman Nsubuga, of the Lweza ADF Cell, who is still at large,” said Enanga.

“We are aware of the planned attacks on security personnel and continue to review our security posture, in the face of these targeted threats.”

The arrests were made almost three months since the suicide attacks at the Kampala Central Police Station (CPS) and along Parliamentary Avenue.

Enanga says the terrorism threat still exists and called for vigilance.

“Although we have now entered day 80 since the deadly suicide attacks occurred at CPS and Parliamentary Avenue, we have credible information indicating that these hostile groups are determined to carry out attacks to reveal their existence. Their tactics include use of suicide bombers, attacks on VIPs and security personnel, ride along shoot and kill, on bodabodas, use of AK 47 SMG random attacks and bomber attacks,” he noted.

“The threats are real and call for increased vigilance and caution, as people go about our daily activities.”

Months ago, a new rebel group allegedly plotting to remove Museveni from power was also exposed.

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The Commercial Division of the Court in Kampala has blocked Stanbic Bank and its agents from evicting an elderly woman, Agaba Halima whose land title in Kibuga Block 18 plot 697, Nateete was fraudulently mortgaged to the bank without her knowledge and consent.

Ms Flavia K. Nabakooza, the Commercial Court Registrar issued an interim order after considering the plea of the elderly woman due to be evicted by the Bank through bailiffs sent by their lawyers of Acadia Advocates, acting on behalf of the bank.

“….An interim order doth issue, restraining the Respondent, and its agents, servants, or any person acting on its behalf from (a) selling the suit land known as Kibuga block 18 plot 697 Nateete, and (b) evicting the applicant or interfering with her possession, use and quiet enjoyment of the suit land, until MA NO. 47 OF 2022 is heard interparties on 24th of January, 2022 at 2:40pm,” the Court directed.
The order has since been extended to February 20, 2022.

Documents tendered in Court have pinned brokers from Libra Court Bailiffs and Auctioneers, with a WhatsApp chat on court record showing that they were conniving to sale the property at Shs 1.6 billion and share commission proceeds with bank officials and lawyers.

Ms Halima Agaba, who is elderly, has since requested for the intervention of President Museveni the Prime Minister Robinah Nabbanja to rescue her from the fraud she says is orchestrated by the bank.

Background:
Ms. Halima Agaba, a resident of Nateete in Lubaga Division through her lawyers M/S Waymo Advocates ran to court—jointly suing Stanbic Bank Uganda and her foster son Francis Agaba—asking Court to declare that the impugned mortgage of her land comprised in Kibuga block 18 plot 697 Nateete is illegal and or fraudulent —also listing concrete grounds to her defense.

Documents submitted to court show that Halima is the registered proprietor of the suit land which is a family land where she ordinarily resides with her family.

Halima told court that she helped to raise Francis Agaba after he lost his biological parents at an early age.

Agaba lived with and was brought up as a son by Halima until he became independent.

In 2018, Halima says that she left her certificate of title of the suit land with Agaba for transfer to her names and for safe custody having trusted him as a son.

In November 2019, Agaba advised Halima to sign a formal document showing she has left the title with him for safe custody.

Later on, court documents show that Agaba came to Halima’s home in Nateete with some documents written in English for her to sign which he said was to formalize the safe custody of the title.

Documents also show that Agaba intentionally did not translate the said document to Halima in Rukiga before signing yet he knows Halima is illiterate in English language.

“Having trusted Agaba as a son, Halima signed the said document in Agaba’s presence believing that it was to formalize safe custody of her title. After signing, Agaba took all copies leaving none to Halima on the pretext that he needed to register them first,” the court documents further state.

Later in February 2020, Agaba informed Halima that he had borrowed UGX900M from the bank and deposited her title as security and that the document Halima had signed earlier was a mortgage agreement.

“Since Halima did not authorize Agaba to deposit the title with the bank or mortgage it, she got furious and ordered Agaba to return her title immediately unencumbered as the suit land is a family property. Agaba informed Halima that he had used the loan to make supplies to government schools in Northern Uganda and that the schools were on the verge of paying him immediately”

“Agaba firmly assured Halima that sooner than later, he would have paid off the loan, redeemed and returned Halima’s title to her. Since then till now, Agaba has not returned Halima’s suit title to her claiming the bank is yet to release the title,” the court documents state.

Halima insisted that she has never deposited her title with the bank for any reason neither has she ever appeared at the bank to request for or negotiate the alleged loan or mortgage—telling off Stanbic Bank Uganda to return her title and sort themselves with Agaba since the land transaction was illegal, null and void in.

“No other person except Agaba was present when Halima was signing the alleged mortgage deed and the affixed stamp of the alleged witness is a falsified attestation”, documents further say.

Working with Agaba, the contraversial land transaction is said to have been negotiated and frustrated by Kenneth Kawalya, Nassanga Margaret, Joshua Kitamirike, Edgar Isagara and recovery team all workers of Stanbic Bank Uganda who are believed to be behind this all fraud.

Key grounds:
Halima says the documents brought up for signing were not translated to her contrary to ss. 3 & 4 of Illiterates Protection Act and that the full name and address of the person who wrote the deed is not stated contrary to ss. 3 & 4 of Illiterates Protection Act.

Halima’s signature was not as a witness contrary to s. 147 of RTA by whoever affixed his or her stamp
“The signature of the alleged witness is scribbled contrary to s. 148 of RTA.

Halima further contends that the impugned mortgage is tainted with fraud in so far as Agaba lied to Halima that the mortgage deed was a document to formalize safe custody of her title well knowing she is illiterate in English language

She also insists that the troubled Agaba intentionally refused to explain the correct nature and meaning of the mortgage deed to her and that he connived with the bank staff to defraud her property.

Halima has also castigated Stanbic Bank Uganda Limited for failing to make inquiries from her as the registered owner/mortgagor before executing the mortgage.

“Falsified attestation and scribbled signatures contrary to ss. 147 & 148 of RTA….and intentionally omitting a certificate of translation and the true and full name of the person who wrote the mortgage deed contrary to ss. 3 & 4 of Illiterates Protection Act yet the defendants knew or ought to have known that Halima is illiterate”, the document say—noting that Agaba connived with the bank to deceptively create a mortgage over the suit land.

Demands:
Halima avers that she has suffered great hardship, inconvenience, stress and mental anguish due to the fraudulent conduct of Stanbic Bank Uganda and Agaba for which she holds them jointly and severally liable in damages.

“The cause of action arose in Kampala within the jurisdiction of this court and the value of the subject matter exceeds UGX 400,000,000,” the documents add—with Halima too, praying court to declare that the mortgage of the suit land is illegal, null and void and of no legal effect.

She also wants the Court to declare that the impugned mortgage is tainted with fraud but also issuing an order setting aside the mortgage.

Halima also wants court to order Stanbic Bank Uganda to deliver Halima’s certificate of title to her and set permanent injunction restraining the bank, its agents or servants from entering, alienating, dealing and or in any way interfering with Halima’s ownership, use and or quiet possession and enjoyment of the suit land.

Other demands include general damages with interest at court rate from the date of judgment till full payment, exemplary damages with interest at court rate from the date of judgment till full payment, costs of the suit and further relief court may deem fit.

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