Thursday 14 June 2012

Assault on press freedoms in Uganda using colonial laws: First Lady Janet Museveni sues the Daily Monitor


First Lady sues Monitor

http://www.newvision.co.ug/news/631933-first-lady-sues-monitor.html


Publish Date: Jun 14, 2012


By Vision Reporter

Uganda's First Lady Janet Museveni Wednesday sued the Daily Monitor Newspaper for defamation.



Mrs. Museveni who is also the Karamaja Affairs minister is demanding for an apology.  



The First lady asserts that in three different publications in the month of May, 2012, the paper published articles portraying her as a fraudster who was involved in land grabbing in the Karamoja region.



Through her lawyers, Kiwanuka and Karugire Company Advocates, the First Lady contends that the allegations are completely false, yet the paper went ahead to publish the same which injured her character in the eyes of the right-hand thinking members of the public.



The Monitor Newspaper has 15 days to file their defense. The matter has been allocated to High Court judge Benjamin Kabiito.



Her lawyers said the May 12, 2012 article titled; "Karamoja leaders accuse First family of land grabbing" was intended to malign the First Lady as being involved in "fraudulent acquisition of land and illegal mineral extraction in Karamoja."



The lawyers quoted part of the article that: "The MPs claimed that 6,130 hectares of land measuring 15,325 acres located in Kimcharin, Moruita Sub-county, in Nakapiripirit District, have been sold and leased to a company called Feronia Uganda Ltd, while 2001 hectares have been sold and leased to another entity, Pro-Solutions Limited at sh140 without consent of the customary land rights owners.


Defamation: Mbabazi sues Monitor for sh5b


Publish Date: May 17, 2012


By Vision Reporter

The Prime Minister, Amama Mbabazi has threatened to drag the Monitor publications and its top management to court over alleged defamation and also demanded sh5b compensation in damages.


In a notice of intention to sue addressed to the Editor of Monitor newspaper, Mbabazi's lawyers Mugisha and Co. Advocates, also asked for an apology prominently published on the front page like the "malicious" article which reportedly projected their client as "a criminal who engages in fraud" and not worth to be "trusted with public resources."


The Daily Monitor on May 7, 2012 published a lead story titled: "Police quiz Mbabazi over NRM party cash money problems." Mbabazi later dismissed the report as false and said he was consulting his lawyers on what remedy to seek.


"We wish to categorically state in the strongest terms that the allegations contained in your said newspaper article in as far as they relate to our client are completely untrue and in their ordinary and natural meaning are defamatory and constitute libel of our client," the lawyers wrote.


The May 9, notice was also copied to Managing Director of Monitor Publications Limited, the Chairman of Nation Meda Group Company Limited --- which owns Monitor --- and journalist Richard Wanambwa who was the author of the now contentious story. Attempts to obtain a comment over the matter yesterday, from the Monitor management, were futile.


The lawyers contend that Mbabazi who was hitherto held in high esteem as the Prime Minister of the Republic of Uganda, Secretary General of the ruling NRM, MP for Kinkizi West and holder of both the Nalubale and Kagera medals of distinguished service in Uganda , has been "seriously injured in honour, character and reputation in his profession."


They pointed out that the offending publication discredited the PM's national and international standing and he has been "brought into public scandal, ridicule and contempt" to the extent of being "ostracized, suffering damage as a consequence."


"Take further notice that unless you do within three days from the date hereof, appear in our chambers, publish an apology on the 1st page of your publication in a conspicuous and prominent manner and make an undertaking in writing never to write any matter defamatory of our client and also pay sh5b, being cumulative compensation for the damage which you have inflicted on our client plus 10% thereof being our professional fees in the matter, so far, we shall be constrained to invoke the long arm of the law in protection of our client to your peril as regards costs sequel and attendant embarrassment," the lawyers wrote.


In an interview with the New Vision on May 8, a day after the article came out, Mbabazi complained about "this sustained character assassination campaign of the Monitor." He claimed it was intended to give an impression that "Uganda is unstable, badly governed and not an attractive destination for investment and tourists."


Mbabazi declared he would use the law to get redress. "This is my new stance regarding all publications and electronic media. I have been silent for long and taken for granted. I have decided to fight back," Mbabazi stated then.


Publish Date: May 17, 2012


First Lady denies grabbing land, to sue Monitor paper


By Anne Mugisa
The First lady and Minister for Karamoja, Janet Museveni has issued the Monitor Newspaper with a notice of intention to sue over a story that implicated the First Family in alleged land grabbing in Karamoja.

Her lawyers, Kiwanuka and Karugire Advocates and Solicitors stated that the May 12, 2012 article titled; "Karamoja leaders accuse First family of land grabbing" was intended to malign the First Lady as being involved in "fraudulent acquisition of land and illegal mineral extraction in Karamoja and has used the Special Forces Group to achieve these nefarious ends."

The lawyers quoted part of the article that: "The MPs claimed that 6,130 hectares of land measuring 15,325 acres located in Kimcharin, Moruita Sub-county, in Nakapiripirit District, have been sold and leased to a company called Feronia Uganda Ltd, while 2001 hectares have been sold and leased to another entity, Pro-Solutions Limited at sh140 without consent of the customary land rights owners.

“It is alleged that the above companies belong to members of the ruling family but we shall divulge more details later,” said Moroto Municipality MP, Simon peter Aleper, who chaired the Friday Press conference.

“We have asked the local government to tell us who gave them the land. There is a process on how land can be acquired but this was not adhered to. These companies are fraudsters,” said the MP, who did not say what exact connection exists between Feronia, pro-Solutions and the First family.

"The Karamoja sub-region MPs' remarks come amid long standing fears within the community that minerals are being mined and spirited away with alleged collusion of certain elements within the army's Special Forces Group that is deployed in the sub-region. SFG units guard the president and his family."

The lawyers said that even after the Monitor found no evidence against the First Lady and stated so, they "recklessly and maliciously republished" on May 24, 2012.

"On Page 12 of your Daily Monitor Newspaper of the 27th of May 2012, in your Parliament Watch section, you left no doubt as to whom you referred in your earlier articles", the lawyers stated in their May 28, 2012 notice to the Monitor Publications Ltd.

They quoted the paper as stating in the Parliament Watch as: "Frowns: Janet Kataha Museveni: The First Lady bags this week's frowns for her alleged role in a scam to fleece the Karimojong of their land. The Karamoja Sub-Region Parliamentary caucus while addressing journalists at Parliament claimed that there is an ongoing ploy to grab mineral rich land, although this newspaper has not been able to obtain independent corroboration of the allegation that members of the First family may be linked to the mischief. The MPs said that the First Lady who also doubles as the Minister for Karamoja was hiding behind companies to acquire land in the region."

The lawyers stated that the statements are completely false and malicious and that the series of articles that the paper published were calculated and have indeed greatly disparaged the reputation of "our client."

The lawyers demanded that the Monitor immediately retracts "the libelous matter and publish an apology" agreed with them in advance and published with equal prominence given to the articles.

They added that, "our client shall claim damages suffered as a result of the said libel whose quantum we shall communicate to you as soon as the apology is run."

The lawyers said that should the paper fail to comply with their demand within seven days, they will institute legal proceedings against the publication.

 "If you have no intention of complying, kindly inform us immediately so that we may institute the proceedings without delay," the lawyers stated.

When contacted for comment, Monitor's Managing Director, Alex Asiimwe   referred the New Vision to the Executive Editor, David Sseppuuya, who said,"we shall handle the issue legally."

Karamoja leaders accuse First Family of land-grabbing



By MERCY NALUGO 

Posted  Monday, May 21  2012 at  00:00

State House at the weekend denied claims by some politicians from Karamoja on Friday that “members of the ruling family” are involved in a land-grabbing racket in mineral-rich parts of the sub-region.

President Museveni’s press secretary Tamale Mirundi said the MPs who made the allegations are being used by what he called “some vultures inside government” whom he promised to name at a later stage. “There is excitement about the discovery of oil across the border [with Kenya] in Turkana and the political vultures want to seem like they are the saviours. We know them very well and they are rearing ugly eggs in Karamoja,” said Mr Tamale.

He added: “The minister for Karamoja (Janet Museveni) has been there for nine years now, why is it that it is only the Karamoja sub-region MPs making noise. Why don’t they talk about cattle rustling and who defeated it. The President knows very well who is using them and if he fought cattle rustling then he can handle them.”
Incitement

He said the “vultures” are inciting the Karamoja population against the President and challenged them to name who is grabbing land there. He, however, noted that all minerals belong to the government of Uganda. “Such an area is gazetted but residents can get dividends after the exploration,” Mr Tamale added.

The Karamoja Sub-region Parliamentary Caucus while addressing journalists at Parliament on Friday said there is an ongoing ploy to grab their mineral-rich-land, although Daily Monitor has not been able to obtain independent corroboration of the allegation that members of the first family may be linked to the mischief.
The leaders also threatened to abandon the NRM party after they accused the government of failure to address their concerns that range from bad roads, collapsed bridges and poverty.

Sold land

The MPs claimed that 6,130 hectares of land measuring 15,325 acres located at Kimacharin, Moruita Sub-county, in Nakapiripirit District, have been sold and leased to a company called Feronia Uganda Limited while 2,001 hectares have been sold and leased to another entity, Pro-Solutions Limited, at Shs140 million without the consent of the customary land rights owners.

“It is alleged that the above companies belong to members of the ruling family but we shall divulge more details later,” said Moroto Municipality MP Simon Peter Aleper, who chaired the Friday press conference.
Doctored minutes

He claimed that the minutes of the district land board were forged by some members of the district land board. “We have now asked local government to tell us who gave them the land. There is a process on how land can be acquired but this was not adhered to. These companies are fraudsters,” said the MP who, however, did not say what exact connection exists between Feronia, Pro-Solutions and the first family.

The Karamoja sub-region MPs’ remarks come amid long-standing fears within the community that minerals are being mined and spirited away with the alleged collusion of certain elements within the army’s Special Forces Group that is deployed in the sub-region. SFG units guard the President and his family.

For long, vast tracts of Karamoja have been open to fortune hunters who exploited the lawlessness brought on by armed intra-clan cattle rustling to engage in illegal mining of gold and other gems.
Petitions


Documents presented before the press indicated that a pressure group, Karamoja Human Rights Activists, have petitioned the Principal Private Secretary to the President, the Minister of State for Minerals, Mr Peter Lokeris, the Minister for Karamoja Affairs, Ms Museveni, Ethics Minister Fr Simon Lokodo, Speaker of Parliament Rebecca Kadaga and the House Natural Resources committee for appropriate action.

“When we called Minister Lokeris over the matter, he said he was not aware of the said transactions and that those were criminals trying to grab land in Karamoja,” said Mr Aleper.

The legislators said in Moroto District, through the Karamoja 50-year Master Plan, a design was prepared by what they called “self-centred forces” in Uganda to steal 1,500 acres of land in the mineral rich Rupa Sub-county. Also, in 1998, the people of Katikekile Sub-county lost land with quality marble rock deposits to investors.
mnalugo@ug.nationmedia.com

 

Directors of companies cited in Karamoja land grabbing named

The monitor, 24-5-2012

The accusations were made by a group of MPs from Karamoja that Pro-Solutions Limited and Feronia Uganda Limited, said to be involved in the land-grabbing racket were allegedly linked to the First Family.

Available records at the registrar of companies show that the directors for Pro–Solutions Limited are Ms Lillian Nabakabya and Ms Hassan Muyenga of Ndeeba, a Kampala suburb, while those of Feronia Uganda Limited are Island Rift Valley Investments Limited and Sernialine Cayman.
A search on the internet, however, revealed nothing about the above companies.

Whereas there is an international company, Feronia Inc, a global land acquisition and development company that has experience in large scale agri-business in many countries, Uganda inclusive, Daily Monitor could not establish whether Feronia Uganda Limited is part of the International company.

The Karamoja Sub-region Parliamentary Caucus while addressing journalists at Parliament last week claimed there is an ongoing ploy to grab their mineral-rich-land, although this newspaper has not been able to obtain independent corroboration of the allegation that members of the first family may be linked to the mischief.
‘Grabbed’ land

The MPs claimed that 6,130 hectares of land measuring 15,325 acres located at Kimacharin, Moruita Sub-county, in Nakapiripirit District, have been sold and leased to a company called Feronia Uganda Limited while 2,001 hectares have been sold and leased to another entity, Pro-Solutions Limited, at Shs140 million without the consent of the customary land rights owners.

State House has since dismissed the claims. President Museveni’s press secretary Tamale Mirundi said the MPs who made the allegations are being used by what he called “some vultures inside government” whom he promised to name at a later stage.

The legislators told Daily Monitor yesterday that they stand by their statement and that they have lined up evidence to pin the first family and some officials of the district land board who forged minutes of the district land board as having approved the dubious land transaction.

“We have also obtained the apology letter from the district physical planner who said he was under duress to approve the minutes. We have also been informed that the President has sent his team there and we hope they don’t tamper with our evidence,” said Remigio Achia (Pian County, NRM). Mr Simon Aleper (Moroto Municipality, NRM) said they will not yield to any pressure until the matter is handled to its logical conclusion.
Nakapiripirit bound

The lawmakers were by yesterday preparing to travel to Nakapiripirit to compile more evidence on ground. According to sources that did not want to be named because of the sensitivity of the matter, the district leadership is now in arms over the issue and want the transaction halted.