The Kayihura Trial Is A Test On Whether The NRM Is Still A Peoples Revolution Or Degenerating Into A Fascist Organization

The Kayihura Trial Is A Test On Whether The NRM Is Still A Peoples Revolution Or Degenerating Into A Fascist Organization 

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Justice Steven Kavuma’s Injunction Represents the Fascist Tendencies within NRM

 Today is the day the inspector general of police Gen kale Kayihura was supposed to appear before court to defend himself on allegations of aiding and abetting the torture of Ugandans.  But Justice Steven Kavuma has lodged an injunction stopping KK from appearing before court.

And the Ping-Pong reflects Uganda’s history which has largely been shaped by the character of the various political administrations that reigned since the advent of the 19^th century and most specifically in the last 150 years.

The African chiefs and kings governed their African subjects through a strict uncompromising totalitarian rule. The pre-colonial African rulers had the authority of life and death of their subjects. They openly engaged in extra judicial killings-as the case of the Namugongo martyrs who were killed by Kabaka Mwanga testifies.

So when the colonialists came, they largely interfered with the dictatorships of the African traditional kings.  

 They convinced the African kings to respect human rights. There is a story of how the Arabs convinced a very brutal Kabaka Mukaabya not to kill his subjects. Kabaka Mukaabya managed to get convinced to change his brutal ways and changed his name from Mukaabya (the name means the one who tortures people and they cry) to Mutesa (the name means the one who prefers negotiation)

Such was the brutality that reigned in Africa at the time that the African kings even sold their subjects to salve traders. .

Why Slave Trade Was Stopped By The Whites

 The white men got concerned and were got at the forefront of the fight against slave trade.

Much as the pan Africans argue that it’s the whites who benefitted from slave trade (with a  big claim that big global cities like London , Brussels , New York city were built by African slaves), the truth is that the African kings reaped more from the vice.

And when the agitation to end it started, it was the Whiteman who struggled to end slave trade and not the Africans.  The likes of William Wilberforce stood their ground against slave trade.

In fact part of the reason why the Europeans decided to colonize Africa was to stop slave trade.  This is because the Europeans had realized that they couldn’t stop slave trade when they were not in control of the African territory.  The white men knew that even if they stopped the slave trade in their backyards, the Africans would sell to the Arabs.

So a decision was made to colonize Africa.

But our pan Africanists will not want to tell us this bitter truth because they try to posture as the liberators and portray the Whiteman as the oppressor.

That’s why we study history that was largely written by afro centric historians who enjoy bashing the Whiteman.

Yet the truth is that the Whiteman interfered with the dictatorship of the African rulers.

So when the Whiteman was convinced that he had stopped slave trade and other evil vices like cannibalism by the African kings, he voluntarily granted independence to countries like Uganda.

Extra Judicial Killings And Torture

When we got independence, these post colonial rulers got another opportunity to revive their pre-colonial tendencies of killing and torturing their fellow countrymen.

The post colonial African rulers immediately embarked on torturing and killing their own people. In the case of Uganda, the governments of presidents’ Amin and Obote took the country to the point of anarchy.

During the Obote 2 regime, Uganda witnessed what can be termed as a reign of terror.

It was on that ground that Yoweri Museveni and a group of very young Ugandans declared war on that reign of terror that had started in the early 70s.

Although there have been suggestions that the five year bush war was premised on several factors (rigged elections), the restoration of the dignity of Ugandans was at the core of it all. Museveni himself was almost killed at a road block at Kireka.

Something had to be done to stop the torturing and killing spree.

The Peoples Revolution

It was therefore a sigh of relief when President Museveni’s NRA managed to restore the dignity of the Ugandans by eliminating extra judicial killings of the time.  And over the years there has been no direct contradiction to that philosophy of respect to life and property of Ugandans-with a few isolated exceptions of course.

Well, I have every reason to believe that president Museveni has been loved by Ugandans because of this factor. In fact when some few body guards of presidential candidate Amama Mbabazi beat up some NRTM supporters in Ntungamo , president Museveni angrily reacted by arresting all the culprits.

President Museveni categorically stated that ‘’nobody had the right to beat up any Ugandan’’. He even went on to say that anyone who does so ‘’would be poking his hands in the anus of the leopard’’.

So when some sections of the Uganda police started unleashing havoc on harmless Ugandans standing on the roadside, it was a test on whether president Museveni meant what he was saying or he was simply being populist

Ugandans wanted to see if the leopard would come out to protect Ugandans. But wapi, there was instead total silence from the principal.

It seems as if  the president was more concerned about NRM supporters and not Ugandans as a whole.

Suing Kayihura

It was for this reason that some concerned lawyers decided to sue the inspector of police for condoning the actions of the policemen.

Some of us who used to believe in the NRM ideology as a people’s revolutionary movement thought that Gen Kayihura had to appear before court as a gesture of working for a people’s revolutionary organization.

The most important point here is that KK’ court appearance in court would largely portray the NRM government as a people’s revolution that respects the rights of its citizens.

But KK seems to be falling into the trap which has been laid by the opposition. In their heart and souls, the Ugandan opposition doesn’t expect Gen Kayihura to lose the case, but they are laying a trap for him not to appear so that they fortify their claims that the NRM is a fascist organization.

  And in situations like these, Gen Kayihura should have appeared to debunk such evil intentions.

If KK doesn’t appear in court, the claims that the NRM government is a fascist government will gain more credibility.

WHAT DOES KK LOSE IF HE APPEARS IN COURT?

KK should have appeared in court because (1) he can easily argue that the errant police officers have already been put on trial.

(2) that he (KK)was not aware that the police officers were caning by-standers and not rioters.

 (3) that he only sanctioned the use of canes in the case of rioters and not on innocent Ugandans.

But it appears, Justice Steven Kavuma has put an injunction to stop Kayihura’s trial.

 Yet a more tactical way to deal with this would be to get there and argue the case out, to revive the belief that the NRM is law abiding.

As it stands KK’S trial is a contest between NRM posturing as a people’s revolution that respects the law or a fascist organization that rules by law. Its a trend that will determine its future as a peoples revolution.

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The author Fred Daka Kamwada writes columns for Uganda’s major dailies and is a fast rising blogger. Engage him at kamwadafred@gmail.com

It’s Easier To Market The Lifting Of Age Limit But It Puts President Museveni In An Embarrassing Situation

It’s Easier To Market The Lifting Of Age Limit ,But It Puts President Museveni In An Embarrassing Situation

Immediately after the 12^th may 2016 swearing in ceremony of President Yoweri Museveni, a lukewarm but very steady agitation for lifting of age limit for judges and the presidency started doing rounds in the country.

In parliament, Hon Kafeero Ssekitoleko emerged as the biggest crusader of this motion.

Incidentally or coincidentally, in the Kiganda urban lingo, the name Kafeero is used as a derogatory word for a person who is dull , unwise and lacking inteligence---am not being abusieve , by the way..

 I don’t know whether the Nakifuma County MP, Hon Kafeero Ssekitoleko is living by his derogatory name or he is moving the motion out of good will.

But in principal, Hon Kafeero is seeking for amendment of the constitution to lift the retirement age for judicial officers, and the tenure of office for members of the Electoral Commission.

The MPs mainly from the opposition have tried to block Ssekitoleko from tabling the motion in parliament, saying he was rushing the matter which they said tampers with the Constitution whose amendment needs input by all Ugandans.

The MPs proposed that the House defers the matter to a future date for consideration, after digesting the motion.

The draft Bill, titled “The Constitutional (Amendment) Act, 2016”, seeks to increase the retirement age for justices and judges, and for related matters.

The Bill also seeks to remove the limits on the tenure of the members of the Electoral Commission, and to also increase the period of adjudication of presidential election petitions.

The MPs however noted that the Bill is uncalled for; adding that the 9th Parliament resolved that there should be a Constitutional Review Commission, which they said should handle the matter.

The Merits Of The Age Limit Debate

In fact when I looked at the merits of the motion I realized that the agitation for lifting age limit is easier to market than the lifting of term limits.

On the surface of it, you can say that age limit on all positions of service is an infringement on the rights of people of advanced age and those above 75 years. In fact if Ugandans above 75 years contested against that provision in court they can easily win unnimously!

But the problem is that it has been politicized to appear is it’s for president Museveni’s benefit. 
and that is where the bone of contention begins to rear its head. 

Term Limit Conundrum 

During the debate on lifting term limits there was a big argument against the amendment. The principal for including term limits in the 1995 Ugandan constitution was premised on the fact that term limits were one of the constitutional checks on the presidency.

The spirit of the members of the constituent assembly was clearly to check or forestall any possibilities of dictatorial tendencies that emerge when someone overstays in office.

But it later turned out that it was to become a hindrance to president Museveni’s tenure in office.

It must be noted that during the promulgation of the 1995 constitution, President Museveni himself pronounced himself on the matter and agreed with the institution of the presidential term limits.

 But ten years later in (2005) he was forced to change his mind and went on to champion the cause for lifting the term limits on the presidency.

But one thing for sure, was that even president Museveni himself was ashamed of the whole issue and made all attempts to distance himself from it by denying interest.

How Presidential Term Limits Could Have Been Saved

There is a very good chance that he Museveni could have stepped down in 2006, but the volatile, revenge-driven politics of the time distorted it and forced him to cling on power due to the following reasons. 

 Ugandans should particularly blame Dr Kiiza Besigye for the continued stay of president Museveni because, (1) in 2001 he (Besigye) threatened to unleash havoc on president Museveni, his family and friends if he took power. Besigye designed a vindictive political campaign with a hummer as his symbol. He also vowed to banish the armed forces. Besigye’s vindictive political strategy hardened president museveni’s resolve to cling onto power with the solid support of the armed forces.

If Besigye had not pushed Museveni hard, there is a possibility that Museveni could have reconsidered his decision and opted to step down.

(2) The civil war in northern Uganda orchestrated by Joseph Kony’s LRA was another reason why Museveni found it hard to leave power. Remember the LRA was composed of counter revolutionary elements who had a strong political grudge on the person of president Museveni./ therefore Museveni had to first defeat them militarily to feel safe. Perhaps if Uganda was safe from any civil unrest Museveni would have found it safe to leave power. But you cannot leave power when your enemies are still at large.

The Vladimir Putin Example

Moving forward and holding the aforementioned factors constant for a moment, the best way to deal with that situation of presidential term limits should have been to adopt the Russian example where President Vladimir Putin stepped down when his presidential term ended, but bounced back after president Medyedev had served two terms.

The benefit was that the constitution was preserved even when the same individual (putin) served more terms.

Therefore, if president Museveni had stepped down in 2006, then someone else could have served one term up to 2011 as Ugandan president and then paved way for Museveni to comeback and serve two more terms from 2011-2016 and 2016-2021 without tampering with the constitution.

But in that way, the term limits on the presidency would have been preserved and president Museveni would have managed to serve much longer in power with a more credible mandate.

But lifting the term limits exposed him-Museveni as a selfish power hungry president.

WHY ITS EASIER TO LIFT AGE LIMIT 

Moving forward I think, the debate on age limit is going to be easier to advance than the term limit was in 2005.

It has widely been reported that during the 1994 constituent assembly, the spirit of the CA delegates in regard to age limit was more inclined at stopping president Milton Obote from coming back to contest for the Ugandan presidency  than regulating years of service.  

By that time Obote was still alive and about 76 years of age and still a political threat with a very big support base across the country. It was therefore considered a wise decision to block Obote from contesting for the Uganda presidency again by instituting age limit.

And that constitutional provision has not suffered any contradictions or need for amendment, until now when it became clear that president Museveni was going to become a casualty of that age limit provision since he will be around 76 and therefore constitutionally ineligible to contest for the presidency in 2021.

   
Now, as I told you earlier, it’s easier to make a case for lifting term limits because (1) it (age limit) sounds as if it segregates against old people. The crusade therefore becomes a case for respecting the rights of old people and a social issue.

(2)The old people can easily argue that they deserve the right to run the affairs of the country including the presidency since they are tax-paying citizens.

 (3)They (old people) have vast experience which can augur well for the country.

(4)They are not an outcast group and being above 75 years is not a crime.

(5) Other countries of the world don’t have age limits on the presidency and other higher positions of service.

Therefore it’s easier to sell the lifting of age limit through a contested debate and through strong intellectual arguments.

Counter Intellectual Arguments

I don’t see any counter intellectual arguments that the anti-lifting age limit camp can advance to push their cause to stop amending the age limit. Perhaps they can say that limiting age of service provides an opportunity for young people to serve.

But even that can be shot down by a counter argument that if the young people really deserve to serve, then they should freely compete with the old people above 75 years in a competitive contest.

THE BEST WAY FORWARD
I think we can get a win-win situation out of this amendment process if<
 1),the two  term limits are reinstated,
 2). if age limits are imposed on all public office holders,
,3), term limits are imposed on all public servants not to serve more than two terms.
 4) each term should be amended to be seven years each

The Point Of Embarrassment 

  But there is a point of embarrassment which was caused by president Museveni when he categorically pledged that he would not serve beyond 75 years. He told NTV’S Patrick Kamara that he thinks that serving beyond 75 was completely out of the question.

President Museveni also told the WBS talk show panel that included Hon Semujju Nganda , and its host Peter Kibazzo that he (Museveni )doesn’t think that he would be in good physical condition to serve beyond 75 years.

Conclusion

Therefore, from a moralistic point of view, this crusade to lift the age limit therefore puts president Museveni in a very embarrassing position. It portrays him as someone who doesn’t keep his word. Otherwise, if he had not uttered those promissory statements, it could have been  easy to amend the age limit provision and make president Museveni constitutionally eligible to stand for the 2021 presidential elections.

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The author Fred Daka Kamwada is widely regarded as Uganda’s number one blogger'\ chat him up at kamwadafred@yahoo.com

How Dr Riek Machar Narrowly Survived Death At President Salvar Kiir's Presidential Palaace

How Dr Riek Machar Narrowly Survived Death At President Salvar Kiir's Presidential Palaace

• ·         Exclusive Details Of How Riek Machar’s Son And Brother Were Killed Emerge

Fugitive former south Sudan vice president is reportedly in critical condition following the war confrontations which erupted between his forces and those of president salvar kiir on 8^th july 2016. It has been reported that he was injured and had to walk hundreds of miles to escape death in his mother country.

He was forced to walk over 500 miles in three weeks to Congo to avoid getting shot by Kiir’s choppers which were lurking in the air to shoot his convoy.

 It has been speculated that Machar might even die because his health is not in the very best condition since he is diabetic and has ulcers which were gravely aggravated by the recent fighting. His home was reportedly bombed to ashes.  

His sight was seriously affected and is undergoing serious medical care in Kinshasa.

How Riek Machar’s Son And Brother Were Killed

Meanwhile a more detailed account of how Riek Machar’s son Gatwang Riek Machar and his little brother Kuem Machar were killed in clash at the juba presidential has emerged.

 It has been reported that it was machar’s brother who provoked the fight that later escalated into a full scale war while president Salvar kiir and his deputy Riek Machar were inside the presidential palace.

Reliable sources said that machar’s brother is the one who came to the presidential palace and provoked a fight that almost led to the the death of his senior brother Riek.

All hell broke loose on the morning of July 8 when Machar was called to attend a meeting with president Kiir.

It’s said that that Machar was hesitant to attend the meeting, arguing that he was afraid to pass through the checkpoint:

 But an officer he called assured him of his security as the first vice president. But on arrival at the checkpoint, Machar stopped and demanded escort officers from the Joint Military Council (made up of Kiir and Machar forces).

The officers further advised that he would be allowed to go into the palace compound with his motorcade consisting of about 11 vehicles but his bodyguards would remain.

But while Machar and Salvar Kiir were inside the presidential palace, machar’s forces left his residence and arrived in a convoy of 20 Toyota pick-ups full of soldiers and an ambulance full of arms. They started spreading outside in a fighting formation.

These forces were reportedly led by his son Gatwang Riek Machar and his brother, Colonel Kuem Machar.

  Colonel Kuem Machar reportedly came from the ambulance and asked soldiers (in the Nuer language) if they had they guns cocked and ready to fire: .he then abused them for being cowards.

Colonel Kuem reportedly shot Salvar Kiir’s bodyguards for questioning colonel Kuem’s lopsided directives.  
That was the beginning of of the fighting that interrupted the meeting between the president and his deputy.

In the process of the fight colonel Kuem was the first to be shot followed by machar’s son Gatwang Riek Machar who had traveled with him in the ambulance?

Fighting ensued between the two factions, and machar’s official vehicle was sprayed with bullets and set on fire with grenades.
That is how Gatwang Riek Machar who left London to come fight for his father’s seat was killed among his father’s guards in J1.

Gatwang’s body was collected by South Sudan Red Cross and buried in mass grave with more than 1000 IO soldiers killed in Juba.

It has also emerged that president Kiir tried to restrain his forces but they were too angry to listen to him. President kiir feared the consequences of having Machar killed in his palace and made all efforts to protect him.

President Salvar Kiir Protects Machar From Death

In an exclusive interview with KTN‘s Jeff Koinange Live on Wednesday night, the president re-enacted the events of July 8.

He even took Mr Koinange round the palace as he described how he arranged for the evacuation of Machar from the presidential palace. President Kiir said he was forced to act as Machar‘s human shield as he (Machar) boarded the presidential limousine.

The two had been holed up in the palace as fierce gun battle between Machar‘s forces and Kiir‘s presidential guards raged on outside on July 8, triggering a crisis that would see hundreds killed. Mr Kiir was forced to give Machar his presidential limousine because Machar's vehicles had been destroyed in the fighting.

 "I took him from here. The car was parked here. So that if one of the men shoots, it will hit me first, to cover him. I was the one who opened the door of the car and let him in," said Kiir.

Kiir explained that he had no intention of harming Machar, but instead accused his then first vice president of planning to kill him. The president explained that his cancellation of a council of ministers meeting that was to take place on the morning of July 8 had probably saved his life and prevented the world's youngest nation from plunging into a worse crisis.

President kiir also claimed that Machar had planned that while we were in the council of ministers meeting, his men would come and open fire and kill him. And if I had died (Kiir )and he (machar) survived, he would declare himself president.

Dr Machar was armed with a pistol," Kiir alleged. The president explained that he had asked Machar and his second vice president James Wani to come to the palace to help calm tensions. It followed an incident the previous day when Machar's bodyguards had attacked security forces at a checkpoint, killing four and a civilian doctor.

 Kiir went on: "Riek Machar was in my hands here if I was just to grab his pistol and shoot him, who would have believed me? They would have condemned me that I lured him into the palace and killed him. I did not lure him to come and kill him. He had the intention to come and kill me."

The president said throughout the clashes he ensured that he did not leave Machar alone in the room because he feared some of the enraged presidential guards, who had lost their comrades in the fighting, might have turned on him.

 He said he offered his presidential limousine because Machar's motorcade of "ten or 11" cars had been destroyed in the fighting.

 "My official car was brought from behind the fence. It was bloody but this is the car that Dr Machar had to leave in," said Kiir. 
After escaping narrowly from the inferno at the juba presidential palace , machar had to foot for hundreds of miles as kiir's troops pursued him using tanks and choppers. 
president kiir says that he tried his to best to restrain his troops from pursuing his deputy but they continued to seek for revenge. Machar had no choice but to flee to the Congo border where he reportedly flew in a UN Plane to Kinshasa where he underwent intensive treatment. He has since returned to Sudan but his health is not in topnotch condition.

 Fred Daka Kamwada , the author is  Ugandan jjournalist writing for Uganda's main newspapers and a political pundit on radio and televsion. He is one of the fast rising bloggers in the country 
chat him up on kamwadafred@gmail.com 

Article sourced from Associated press , south Sudan tribune and standard media and Aljezeera

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