On July 29, 2008, Patriotic Baganda members of the Uganda’s Parliament told off President Museveni’s minister of internal affairs, Ruhakana Rugunda, after his presentation of an untruthful statement about the recent kidnap of 3 Buganda officials. Rugunda presented his statement, amid vigorous heckling, to a special session of the parliament, which was called to debate the arrest of Peter Mayiga, Medard Lubega Sseggona and Betty Nambooze. Beti Kamya (Lubaga North) rubbished Rugunda’s statement, demanding that Mr. Museveni’s occupation government explain why Betty Nambooze was stripped naked at Jinja Road police station. Hussein Kyanjo (Makindye West) condemned the rampant abuse of human rights, insisting that the Buganda officials were not arrested by Police but by some other dubious armed forces. He revealed that shortly after the kidnapping of the Buganda officials, he (Kyanjo) spoke to the military officer who heads Uganda’s police, Maj. Gen. Kale Kayihura, who confirmed that the police were clearly unaware of the abduction. Issa Kikungwe (Kyaddondo South) reserved his attack for the excessive tribalism in government, which he blamed for most of Uganda’s ills. He pointed out that people from certain parts of Uganda routinely practice sectarianism and nothing is done but when others publicly complain about such sectarian behavior trumped up charges are brought against them. Michael Mabikke (Makindye East) warned the NRM that it must abandon its bushmen practices. They must come to grips with the fact that Buganda’s issues cannot and will not be swept under the rug. Even the British colonialists were not able to do it, and it will not go away with the NRM. One MP who most vocally supported the occupation government and Rugunda’s statement is Janet Kataha Museveni (Ruhama) the wife of Uganda’s president. She defended her husband’s government on the decision to violate Uganda’s constitution by holding the Buganda officials for over 48 hours without taking them to court. According to her, the government must not be blamed for violating the constitution because they lost time when they were transporting the captives across western Uganda. As far as she was concerned, what is more important is to deal with what she referred to as the abuse of her husband’s government. Rugunda’s full statement before Parliament is reproduced below:

Rt. Hon. Speaker, Hon. Members of Parliament,

1.On 25th July 2008, I received my copy of a letter, ref SP/8 written to the Clerk to Parliament by the Rt. Hon. Speaker, responding to a petition that Parliament convenes in plenary today, 29” July 2008 to handle business relating to the arrest, detention and subsequent release of the three persons named above. This petition required Parliament to convene and receive the official Government statement by the Hon. Minister of Internal Affairs on the arrest of the three individuals, who happen to be officials of the Buganda Kingdom. Inter alia, the statement was to state:
i) The personnel who effected the arrest
ii) The subsequent confinement and treatment of the three
iii) The proper procedure for commencement of criminal proceedings
iv) The duration within which such proceedings ought to commence.

2 Mr. Speaker Sir, Hon. Members, Police has been closely monitoring actions and statements made from time to time by some individuals and groups. The statements have been both in the print and electronic media. Investigations were carried out in respect of these statements made by the three individuals that were viewed by Police as amounting to offences of:
i. Promoting war,
ii. Sedition,
iii. Incitement to violence,
iv. Threatening violence and
v. Sectarianism.

In addition, investigations revealed that acting jointly and at times individually, the three engaged in what appeared to be unlawful activities in Kyenjojo, Kamwenge, Kasese, Kibaale, Bundibugyo, Hoima and Kampala Districts. Investigations of the three individuals on Terrorism and other offences are still continuing.

3. At some point during the investigations, it became necessary to arrest the three. On Friday 18 July 2008, Police detectives arrested them, at different times, and from different locations within Kampala. Mr. Speaker Sir, since some of the acts constituting the alleged offences are said to have been committed in and outside Kampala, it was necessary to transfer them to areas outside Kampala in order to assist the Police in investigations. It is for this reason that it became difficult to adhere to the 48 hour rule regarding detention of suspects in police custody.

4. While the investigations were going on in those areas, Buganda Road Court, on Wednesday 23rd July 2008 issued a court order, ordering for their unconditional release from Police custody. Accordingly, the three were on Thursday 24th July 2008 released from Kyenjojo Police Station.

5. Mr. Speaker Sir, on the basis of evidence that had been gathered, and, in accordance with the law, the three were re-arrested.
• Mr. Medard Lubega and Mrs Betty Nambooze were produced before Nakawa Chief Magistrates court on Friday 25th July 2008 charged with sedition, as investigations continue for other charges of sectarianism, threatening violence, incitement to violence, and promoting war. The two accused were granted bail by court.
• Mr. Peter Mayiga was released on Police Bond at Jinja Road Police station pending further investigations.

6. Mr. Speaker Sir, regarding the specific issues put forward in the petition, I wish to state as follows:
a) The arrests were effected by the Police.
b) The three were at all times in Police custody.
c) Criminal proceedings may be instituted in several ways in accordance with section 42 subsection 1 of the Magistrates’ Courts Act, inter alia, by a Police officer bringing a person arrested with or without a warrant before a Magistrate upon a charge.

It was under this provision that the proceedings against the three were commenced. d) Investigations start immediately information is received and thereby, criminal proceedings begin.

7. Mr. Speaker Sir, Government in accordance with the Constitution, will continue to carry out its mandate of ensuring security of the people and their property and is unequivocally committed to the rule of law.

8. Mr. Speaker Sir, Rule 60, in the Rules of Procedure of Parliament (The Rule on sub-judice), does not allow a matter that is before Court to be discussed out of Court. On Friday 21 July 2008, Mr. Medard Lubega and Ms. Betty Nambooze were charged in Court. In view of the above, I am wondering whether discussing this matter out of Court is not Sub-judice. I seek your guidance.

I thank you Rt. Hon. Speaker. Dr Ruhakana Rugunda

The kidnapped Buganda Kingdom officials have been released on police bond and court bail respectively. The government reports that Peter Mayiga received his police bond from Jinja Road Police station while Betty Nambooze and Medard Lubega got their court bail from Nakawa Magistrates courts in Kampala.  The release of Buganda officials on police bonds seems to suggest that President Museveni’s government concedes or the judge knows that this was an incompetent attempt to “manufacture a case after the arrest”.  Normally, Uganda police bonds are accepted for cases involving petty thefts, adultery, idleness and similar offenses – not capitol offenses.

The three officials were kidnapped by security operatives commanded by David Tinyefuza over the weekend of July 20 and illegally held in secret “safe houses” for more than 100 hours.  The standard legal practice for this type of arrest is to issue summons to the person, requiring them to report to police or to be immediately arrested and transportation to police.  The police are required to produce the suspect in a court of law within 48 hours according to the Uganda Constitution. In this case the arrests were not handled by police and they were personally ordered by President Museveni. And for over 48 hours even the police did not know why the captives had been detained – technically, it was a President ordered kidnapping. On Wednesday a judge in Kampala declared the continued holding of the trio by President Museveni unconstitutional and ordered their release. They were released on Thursday but re-arrested within 15 minutes, in a style that President Museveni and his Minister Ruhakana Rugunda helped establish in 1960s as UPC youth wingers.

As can be clearly seen, the people came out in droves to see the prisoners released and to show them support. More on this story soon.  

Photos from UG Observer and New Vision

MINISTRY OF INTERNAL AFFAIRS PRESS STATEMENT

1. In compliance with the Court Order issued by the Buganda Road Court on Wednesday 24th July 24, 2008 ordering that, Peter Mayiga, Medard Ssegona Lubega and Betty Nambooze be released from Police unconditionally, the Police has accordingly released them from Kyenjojo Police Station today Thursday 24th July 2008.

2. However, on the basis of the evidence so far gathered, and in accordance with the law, the Police has re-arrested them and they are to appear in Court tomorrow Friday 25th July 2008.

Ruhakana Rugunda (Dr.)MINISTER OF INTERNAL AFFAIRS

The United States DOD has defined an occupied territory as:

Territory under the authority and effective control of a belligerent armed force. The term is not applicable to territory being administered pursuant to peace terms, treaty, or other agreement, express or implied, with the civil authority of the territory.

We argue that even a casual but sober review of Uganda’s political history should lead to the conclusion that the aggrieved people of Buganda, under their Kabaka (king) have a case to declare their nation an occupied territory under the authority of a belligerent armed force.

• Fact: Buganda has internationally recognizable boundaries that in 1967 were not in dispute by any of her neighbors (Tanzania, Busoga, Bunyoro, Ankole, Tooro and Lango).
• Fact: The natives of Buganda constitute a distinguishable nation, with distinct cultural practices, national language and customary laws that developed over more than 500 years ago.
• Fact: In 1962 the civil government of Buganda, headed by Kabaka of Buganda, entered a legal agreement (Uganda Constitution of 1966) with other nations and populations in colonial Uganda to federate and gain independence as a single country.
• Fact: In 1966 Prime Minister Obote and his supporters, without consulting Buganda’s civil government or population, illegally overthrew the Uganda Constitution with the use of armed forces. The then Kabaka, Muteesa Walugembe, was exiled to the UK where he died under suspicious circumstances.
• Fact: Between 1966 and 1986 various warlords, including Obote, Idi Amin and Museveni captured Uganda state power through the violent and illegal use of arms.
•  Fact: After Yoweri Museveni captured power by the force of arms in 1986 he organized an exercise to develop a new national constitution that would return the governance of Uganda to a legal status. The flagship activity of the constitution making exercise was the independednt Odoki Commission (leg by Justice Odoki) which collected information that would be properly address the aspirations of all the people in Uganda.
• Fact: According to the “Odoki Report”, over 90% of the people of Buganda explicitly demanded that they be governed under federal form of government which prevailed before the overthrow of the 1966 Uganda constitution.
• Fact: Museveni, Bidandi-Ssali and their supporters illegally (under natural law) broke the terms of the constitution making process and administratively invalidated the demands of the people of Buganda and introduced an experimental substitute that they dubiously name “decentralization”.
• Fact: Since 1986 has, through decrees and targeted laws, constructed a legal system that is selectively punitive to Buganda, her people and her civil leadership, the Kabaka institution. One example is the currency reform decree which devalued the Uganda Shilling by 90% in an environment where Baganda held over 60% of all cash wealth in Uganda. Another example is the 1998 Land Act which set “mailo” land rent (nearly exclusivel found in Buganda) to less than 1$ (US) regardless of size and freely gave away Buganda’s 9,000 square miles customary lands but not those of other nationalities.
• Fact: Museveni, Tinyefunza and their accomplices have issued numerous public statements over radio in newspapers threatening to “destroy” elements of Buganda’s civil leaders, calling Buganda leaders “hyenas”, reminding Baganda that “you don’t have the guns”, telling Kabaka Mutebi to fire Buganda leaders “who don’t agree with Government” and even reminding Baganda of the “1966 crisis” when the 1962 constitution was overthrown.
•  Fact: Buganda’s civil leaders (Kabaka’s Government), with overwhelming support, are only demanding that Museveni and his supporters stop the injustices again the people of Buganda – return the 9,000 square miles and other properties and restore the only form of governance that Buganda has ever willing accepted (federal).

Over the weekend of July 19, 2008 the people of Buganda held a national conference (Lukiiko Ttabamiruka) to discuss the issues of land, poverty and governance which confront them. The Uganda government seems to have underestimated the conference until, on July 18, 2008, one Buganda official, Lubega Ssegona, eloquently’s spoke about its expected results in front of Government agents.

Unexpectedly powerful speeches by Kabaka Mutebi, his wife Nnabagereka Nagginda and others seem to have created virtual panic among Government officials and their Baganda collaborators, resulting in one of the most ill conceived political decisions by Museveni since he came to power. The government arrested Betty Nambooze, Peter Mayiga and Lubega Ssegona (detainded just before the meeting) to preempt further political damage. And in the process handed Baganda nationalists the strongest case so far that the Uganda government considers any expression of Buganda nationalism as a crime. Evidence that Buganda is all but occupied by a belligerent force that will not tolerate and use force against the national aspirations of the native population. Isn’t Buganda under armed occupation?