Thursday, 5 December 2013

IF YOU WANT KNOW BLACK NOVEMBER HAS BEEN, ASK THE LORD MAYOR



INDEED THE MONTH HAS BEEN HECTIC
By John Blanshe Musinguzi
“Being democratic is not enough, a majority cannot turn what is wrong into right. In order to be considered truly free, countries must also have a deep love for liberty and an abiding respect for the rule of law”
Around Makerere University, the month is always termed as “black November.” This is due to many tests, course works, strikes and more of it all scarcity of a shilling among community members. For the lord mayor, “November has been blacker” as the he was impeached, re-instated and then re-impeached by Attorney General.
The saga began with Lukwago on 7th claiming that government had finalised plan to kick him out of the city hall.
On 14th, the tribunal led by Justice Bamugemereire released the 2,748 pages document. Among others, it recommended that the Lord Mayor be impeached. The report was handed to Minister for Kampala Frank Tumwebaze to start process of implementing these recommendation.
On Tuesday 19th, four councilors were elected to fully constitute the City Council. These were Mr Frank Kanduho, of the Uganda Law Society, Ms Verna Mwinganisa Mbabazi of the Uganda Society of Architects, Mr Karuma Kagyina of the Uganda Institution of Professional Engineers and Mr Benson Nyabwana of the Uganda Medical Association were sworn in at the KCCA parking lot.
 On Thursday 21st, KCCA Executive Director Jennifer Musisi rushed swearing-in of these councilors
On the same day, former FDC leader Kizza Besigye and Lord Mayor Erias Lukwago were released on 40M non cash bond by Buganda Road Court. This was nearly after 72hours in custody centrally to constitutional 48 hours.
On Monday 25th, the most controversial day during the Lord Mayor impeachment process. The Lord Mayor kicked out of office. In a special council meeting chaired by Frank Tumwebaze the minister in charge of the Presidency and the Kampala Capital City Authority (KCCA), 29 councilors voted in favour of removing Lukwago. Only three councilors were against.
 On the same day High Court deputy Registrar Fred Waninda issued an interim injunction, restraining Kampala Minister Frank Tumwebaze from implementing the vote of no confidence against Mr Lukwago, until the High reviews the tribunal
Unfortunately, Mr Lukwago’s lawyer Abudullah Kiwanuka who had gone to KCCA to serve the minister with court injunction that had blocked his censure, was beaten up like a chicken thief by plain-clothed police officers
On Thursday 28th, High Court Judge Yasin Nyanzi ordered Kampala Minister Frank Tumwebaze to stop the implementation of the tribunal report that paved way for the censure of Lord Mayor Erias Lukwago until his main application challenging the Justice Catherine Bamugemereire recommendations is determined.
On the same day Jennifer Musisi announced unprecedented closure of KCCA citing security threats. This came hours after Lukwago statement that he would march to his office at City Hall to resume his duties
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It is fascinating that Lukwago is the Lord Mayor according to some city residents while others call him former Lord Mayor. Historians must have had a busy month writing the history of how he was impeached. We shall always retell this history to the future generations.
The impeachments process was dominated by abuse of human rights. I could not believe and I am still wondering why Abdul Kiwanuka, a lawyer was inhumanly beaten in such away by the police. It was as if he is not a human being. It should be remembered that fundamental human rights and freedoms of individuals are inherent and not guaranteed by the state. It’s interesting that our constitution (20, 2) say that the rights and freedoms of individual and groups shall be upheld and respected and promoted by all organs and agencies of government and all persons. Where is respect of these rights by the police?.
As Margaret Thatcher said “being democratic is not enough, a majority cannot turn what is wrong into right. In order to be considered truly free, countries must also have a deep love for liberty and an abiding respect for the rule of law.” NRM has the majority but there will never be a day when NRM will turn what is wrong into right.
I also wonder whether our politicians know that power is dynamic. Time will come whether in good or bad will leave power. What next?, it will be time to answer millions of questions.
My tribute to the Erias Lukwago, you may have to fight a battle more than once to win it. A thousands elected you, how can 29 kick you out of office?. No, no, no.
John blanshe Musinguzi is a journalism and communication student at Makerere University  
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