Sunday, October 30, 2011

YOU THE EXECUTIVE CAN SAVE USD400 ON DESIGNING THE ORGANIZATION ANNUAL REPORT

In daily life, many an Executive Director would love to have every task done by staff or hired out. What if you as executive decide to take on the challenge of designing your organizations’ Annual Report? Don’t you think it a good challenge and may be a worthy saving to the organization such that the USD400 you had budgeted for that item remains in the organizations coffers? Don’t you imagine that such an input makes you a better manager? Think about it. At least on my part, designing such is not something I would hire out as there is no challenge in the process of production that I cannot face head-on. What is your take when you look at the work below?
William Kituuka Kiwanuka
























THE PUBLIC ORDER BILL IS STRATEGIC IN ENHANCING THE POLICE STATE WHICH UGANDA IS

Museveni’s Government is threatened by public gatherings. The way people were attracted and made contributions to the ‘people’s parliaments’ (bimeeza) that were checked after the Buganda Riots is a good for reference. However, common sense dictates that when there are ills that people suffer from, it is best to give them avenue to address those ills such that you in authority make effort to address them. But suppressing them because you have created a police state will with time lead to an explosive situation, which the NRM Government would avoid.
William Kituuka Kiwanuka
UGANDA GOVERNMENT TABLES TOUGH PUBLIC ORDER MANAGEMENT BILL
Catherine Bekunda
26 October 2011,
A new Bill which seeks to outlaw the use of megaphones, loudspeakers, loud hailer and public address apparatus except with a written permission of the Inspector General of Police or an authorized officer has been tabled before Parliament.
The Public Order Management Bill 2011 tabled in parliament on Tuesday outlaws all apparatus whether artificial or not used for amplifying, broadcasting or reproducing any music or speech or any other sound within in Uganda.
"A person shall not, in a public place or so as to be a public nuisance use megaphones, loudspeaker...," the Bill reads in part.
This will greatly affect street preachers, music and movie sellers and people announcing concerts around the country who have been using megaphones and public address systems on trucks to woo customers.
The Bill describes a public place as "Highway, public park or garden, public bridge, road lane, footway, square, court, alley or passage and any open space to which, for the time being, the public have or are permitted to have access by payment or otherwise."
The minister has powers to declare any place a gazetted area "if the minister is of the opinion that it is desirable in the interests of public tranquility."
If a place is declared a gazetted area, then it will be unlawful for any person to convene a public meeting at which more than 25 persons will be present unless a permit has been obtained by the organizer.
Other provisions in the Bill include; All Public meetings ending by 6.00pm while no meeting can start before 6.00am, the Event organizers providing a steward for every 50 demonstrators or participants in a public meeting.
"They must ensure that all participants are unarmed and peaceful; undertake to compensate any part or person that may suffer loss or damage from any fall out of the public meeting," the Bill states.
Event organizers who fail to comply with the above requirements may face up to two years in jail.
The Bill also requires organisers to give a seven day notice in writing to the Inspector General of Police (IGP) of their intention to hold a public meeting. The notice however should not exceed 15days before the proposed date of the public meeting.
In the notice, the organiser must state their full name, physical and postal address and their immediate contact. Other requirements are the proposed site for the meeting, the estimated number of persons expected, and the purpose of the meeting.
The Bill was tabled by James Baba, the state minister of internal affairs who said it is aimed at prescribing measures for safeguarding public order without compromising the principles of democracy, freedom of association and freedom of speech.
"The inspector General of Police will have the power to direct the conduct of public meetings subject to the law," Baba said.
Speaker Rebecca Kadaga committed the Bill to the Committee of Public Service and Local Government for scrutiny.
"Let the committee peruse and report back to the House within 45 days," Kadaga directed.
However, the Bill does not restrict "public meetings held wholly inside a building or convened in good faith for; religious observance, by the government or administration of a district, primarily for sports purposes or for any other social event including a funeral, wedding or party."
The Bill makes it incumbent upon an authorised officer to give notice within 48 hours after receipt of the notice to hold a public meeting to the organiser that it is not possible to hold the proposed public meeting.
Some of the grounds under which a public meeting may not be held are; if notice of another public meeting on the date, at the same time and venue proposed has been received, or if the venue is considered unsuitable for the purposes of crowd and traffic control or will interfere with other lawful business.
However, the Bill provides that in case a person is aggrieved by the decision of the authorised officer he or she may appeal within 14 days to the IGP and if they are still not satisfied with the IGP's explanation then they can appeal to High Court within 30 days.
The Bill gives as duties of a police officer; provision of security to both participants and members of public, assessing the risks of the meeting, identifying a traffic plan for both vehicles and humans and dispersing defiant or unruly crowds at a public meeting "where the police officer has reasonable grounds to believe that a breach of peace is likely to occur..., in order to prevent violence, restore order and preserve peace."
The Bill restricts the use of fire arms by the police officer to only when in self defence against imminent threat of death or injury, or in defence of others. He or she may use firearms when arresting a person presenting danger, and resisting the officer's authority.
The Bill also states five restricted areas in which no public meeting must take place unless with the permission of an authorised officer. They are; Parliament and its precincts, State House Entebbe, State lodges countrywide, International airports and Courts of Judicature.

MARIA KIWANUKA REPORT ON LOANS GRANTS AND GUARANTEES FOR 2010/2011 TO PARLIAMENT

MARIA KIWANUKA REPORT ON LOANS GRANTS AND GUARANTEES FOR 2010/2011 TO PARLIAMENT
The Report is dated June 8, 2011
The report was presented by Minister of Finance, Miria Kiwanuka before the August House in accordance with the provisions of Section 1 of the Budget Act and presents information relating to the new external financing undertaken in (Financial Year) FY 2010.11 and the total indebtedness of Government as at 1st march, 2011.
In the FY 2010/11, new loans equivalent to USD 1.174bn have been approved by Parliament, new grants worth the equivalent of USD 0.217bn have been concluded while no new guarantee has been issued.
As at 1st March 2011, Government indebtedness stood at USD 4.29bn. The outstanding fiscal contingent liabilities on publically guaranteed debt is USD 155.4million.
A Comment
The question to ask is whether the loans borrowed will help better the situation of the people of Uganda. There is need to establish whether the borrowed funds are really improving the welfare of the people of Uganda or contributing to their impoverishment. People are impoverished as they are taxed highly to make the repayments, yet there may not be evidence that borrowed funds were actually channeled to benefit the people, as there are a number of cases reported on where funds have been diverted. 2ndly, it is incumbent on the NRM Government to get a difference between party funds and funds procured to help all the people of Uganda. It will be great if the NRM can meet this objective as there are instances cited where the beneficiaries to some of these monies are party supporters; which is a criminal act.
William Kituuka Kiwanuka

AMAMA MBABAZI IS A POTENTIAL CANDIDATE FOR LUZIRA WHETHER IN GOVERNMENT OR OUT




As long as it can be proven beyond reasonable doubt that Amama Mbabazi is caused financial loss to the people of Uganda for his personal gain, there is no way he can be safe. He may see himself second to god in Uganda, but that does not exonerate him. Be it today or after, he has to face the law. This business of using office, feeling to be so high can be used with a short lived cushion as long as the NRM reigns, but Mbabazi MUST know that as long as he has a case to answer, he will have to face the law, and if there are any recoveries to be made, he will or his estate will meet them. There is need to cultivate a culture of being responsible. Who can witch hunt a person who is clean? Some people see themselves on earth as long as the NRM under Museveni is in control, but this caliber of people are advised to better do business the right way. No body will go away with the money of the people of Uganda and imagine he will not pay back. Ugandans have to recover from whoever steals their money as long as it can be proved that he did. Period.
William Kituuka Kiwanuka

MBABAZI NAME IN CHOGM THE ICT CONNECTION
11.0 MINISTRY OF INFORMATION &COMMUNICATION TECHNOLOGY

11.1 CHOGM Disbursements to the Ministry
The Committee was informed that by the time of audit, the total funding allocated and released to the Ministry to cater for CHOGM activities amounted to Shs.4,869,892,986. An amount of Shs.130,282,210 was however still on the bank Account as at 31st January, 2008.
Findings
• The Committee, however found that the Ministry of ICT had spent an extra US$5,000,000 outside the budget approved by Parliament for CHOGM. This amount was reportedly spent on the TETRA communications systems (walkie talkie system) procured by the Ministry of ICT, but for use by the security.
• The money was diverted from an ICT loan for the National Data Transmission Backbone Infrastructure Project to the Security Ministry and yet, when the loan was being approved, the walkie talkie system was not included in the loan request.
• Whereas the Permanent Secretary, Ministry of Information Communication and Technology (ICT) had signed a Memorandum of Understanding with Huawei for the supply of the TETRA system at US$4,500,000, the same PS instead went ahead and released to Huawei US$5,000,000 for the equipment, including an unexplained $500,000. This therefore led to a loss of US$500,000 which cannot be accounted for.
• Further, the Committee found out that this expenditure, though spent on CHOGM activities, was not declared to the Auditor General during the Special Audit on CHOGM, contrary to the requirements of the National Audit Act
• The Committee also found that the procurement of the system under the Security Ministry was carried out without regard to the PPDA Regulations.
• The original contract between Government and Huawei provided that Huawei was supposed to do the supply of all the equipment, and was only supposed to seek consent from Government. This was not done. Instead, Government went ahead to select the supplier named Balton (U) Ltd. It was not clear how this particular contactor was sourced, and whether the price charged was competitive
• The Committee found out that, H. E the President, in the meeting of 12th June 2006, had “questioned the expenditures on communication equipment”, and directed that “the army communication equipments should be used (by the Police, etc), instead of purchasing new communication equipment”
• The Minster in charge of Security, however, took it upon himself to introduce the issue of US$5,000,000 to the President, the first time ever, the figure surfaced. Whereas the Minister explained to the Committee that he was at the tail-end of the procurement process, the Committee found out that there had been no process at all, and that the alleged process was actually his own creation. He even failed to produce any evidence in support of his argument.
• Whereas in a meeting with HE the President, it was resolved that another meeting be held between HE and the Security technical Committee later, to rationalize and justify the proposal, the Minister could not table any minutes to show that such meeting ever took place, and what advice such committee had rendered.
Instead, on 13th October 2006, the IGP wrote to the Minister for ICT (and copied to the Minister for Security) claiming that the security Committee had convinced the President that they should procure the TETRA system from Balton at US$5,000,000. The Committee questioned the mandate of the IGP in writing to the Minister of ICT instead of his line Minister in charge of Security, who had all along been pursuing the matter with the President. Whereas the President was mentioned in this letter, he was not copied the same letter, and instead, it was copied to the Security Minister.
• The Minister also could not prove that he was not, in any way, associated with Ms Balton, its executives and staff. As such, the committee could not rule out conflict of interest on the part of the Minister.
• Further Investigations on the Countries that had been supplied with the TETRA system in the last ten years do not show that Uganda was one of the beneficiaries of TETRA supplies. The Committee could therefore not ascertain whether the TETRA equipment were ever supplied at all, and if so, whether they were genuine.

Testimony by members of the Security Committee
• The security staff testified before the Committee that they had made contacts with 15 potential suppliers of the required equipment, and they finally zeroed on 5 of them. One of them was Balton U Ltd, which had indicated that they would be willing to supply the equipment at US$3.2 million
• While the President was concerned about the budget and source of funding for this equipment, the ICT team in the meeting informed him that there was some money under the Chinese loan for the Backbone Transmission project that could be used to procure this equipment.
• The ICT Ministry took the lead as the lead procuring entity and sought clearance from the PPDA for direct procurement, which they obtained.
• However, the Minister for Security, Amama Mbabazi, put aside the indicative price of US$3.2 million, for the equipment and instead informed the President that they were able to find equipment at a cost not exceeding US$5,000,000. Interestingly, when Balton was later asked to submit a bid, it submitted a bid of US$4,999,999.
• This information contradicted what the Minister had earlier communicated to the Committee, that by the time he informed the President about the $5.0million estimate, the procurement process was at the tail end. But these witnesses confirmed that no procurement process had commenced at that time, at all.
• Later, when security technical staff learnt that the specifications and quantities they had requested for had been reduced and were to be supplied at U$5.0million, they complained. Consequently, the ICT Ministry reduced the contract amount to US$4.5 million, although then they agreed to supply all that the security Committee had requested. Even then when the supplies were made, there were shortfalls as follows;-

S/NO Contract Items Items at 3.2 million USD Items agreed at
(USD 4.5 million) Loss between USD 3.2m and USD 4.5 m Items delivered Shortfall
1 Master system centre 2 1 1 1 0
2 PABX 1 1 0 1 0
3 UPS 230 VAC-50Kw and Backup Batteries 2 2 0 2 0
4 Remote Dispatchers 4 4 0 4 0
5 Micro wave links 12 12 0 12 0
6 Automatic vehicle location system 12 1 11 1 0
7 Remote radio sites with power supplies 4 12 (8) 12 0
8 Towers 30-38 22 9 13 3 6
9 Generator 18KVA with fuel tanks 12 12 0 9 3
10 Portable MTH 2500 600 1900 600 0
11 Mobile Radios with GPS 700 70 630 70 0
12 Hands free 1000 100 900 100 0
13 Base Radios 10 10 0 10 0
14 Laptop with programming software 2 2 0 2 0
15 Motorcycles 1 - 1 0
16 Gateway 1 2 (1) 0
17 Transportable repeaters 4 - 4 0
18 Personal data assistants 15 - 15 0

• They also informed the Committee that the Executive Sales person at Balton at the time of this procurement was one Ms Susan Katono, who was responsible for processing and issuing of price quotes, etc
• The Committee also separately established that the said Ms Susan Katono is related by blood to Minister Amama Mbabazi.
• Whenever Susan Katono, wrote about this procurement, she copied to Hon. Amama Mbabazi and yet Zeeudi managing Director of Balton never did so.
• The Inspector General of Police (IGP) Kale Kayihura never attended the meeting of 12th September 2006, with H.E. the President where Hon. Amama Mbabazi asked for US$5,000,000 for the purchase of this equipment. It was therefore the responsibility of not Kale Kayihura but Minister Mbabazi or the Minister of Information, Communication & Technology to ask for the procurement. Unfortunately Hon. Amama Mbabazi chose to play “hide and seek” games and instead used the Inspector General of Police.
• The Government of Uganda paid some US$500,000 as commission to Huwaei on a demand that was not included in the contract. The Committee found this criminal.

CAN YOU IMAGINE THAT A PRIMARY TEACHER IS PAID THE EQUIVALENT OF TWO SECONDS ADVERTS ON CBS FM?

It is a fact and real; the primary teacher who gets a net of shs 200,000 is paid the equivalent of the cost of 2 30 seconds advert on CBS 88.8 FM run between 6.00am and 9.00am. This is true. The Government of Uganda must come to ground and address the harsh economic situation it has created. In the 1960’s salary earners were kings. These people’s contribution was being rewarded. However, today, it disturbs to see that a situation has been created where it is those who exploit Ugandans that stand to benefit. Government when working on the budget of 2012/13 must address the imbalance. It is sad.
William Kituuka Kiwanuka

Friday, October 28, 2011

COULD PASTOR MUGERWA'S TRAGIC DEATH BE GOD'S ANGER?



PASTOR JOHN MICHAEL MUGERWA'S PERSONAL TESTIMONY.
Hello my friends, my name is John Michael Mugerwa. I’m happy to introduce myself to you. I was born March 3, 1961 in the jungles, and raised up in those remote places. I grew up in a Catholic family. Both of my parents were Catholic and were also raised up as Catholic. I feared God, though I didn’t know much about salvation. When I was 16 years old, I moved to the city of Kampala, which was the only city we had in Uganda to further pursue my studies. Because by then I had finished my Primary section and I needed to join the Secondary level. I came to Kampala in 1977, but I didn’t go further as far as school was concerned. I ended up dropping out having lost my father who died in 1979. It wasn’t easy for my mother to pay for my school dues. Though she struggled and tried very much, she couldn’t push me ahead for long. She only pushed me for one year, and then in 1980 I dropped out due to the lack of school fees.
When I dropped out of school in 1981, I started working. I got a job washing cars and I started doing that as a source of my income. I washed cars many years, for almost 10 years from 1981 to 1991. However, in 1982 it was a Monday early in the morning, and I was on my way walking to work. One man who was a stranger to me asked me whether it was okay to join me, to walk together to town. I agreed, he joined me and we walked in company, and after we had walked for just a few meters, he asked me, “John, did you go to church yesterday?” Because it was Monday and yesterday was Sunday, so he wanted to know if I had gone to church. I told him “Yes”, and my yes was true because I had gone to church that Sunday. Then he asked me another question, “What did the priest talk about, what did he teach?” I had gone to the church, and attended only the mass, I wasn’t ready for that question, and I didn’t know much about the sermon. But this stranger wanted to know the sermon and I wasn’t able to answer that question. I tried to dodge it by trying to argue with him and say, “You don’t belong to my faith, and I don’t belong to yours, why should you like to know much about my faith?” But the fact is I was only trying to dodge him, I couldn’t answer his question. During that time we started arguing and when he saw that I was arguing even more, I don’t know how it came about, but he reached into his bag and pulled out a new bible and gave it to me. In my life I had never owned a bible so that gift simply shocked me, humbled me and I couldn’t argue with him any more.
When he realized that I had been humbled, he took the advantage of preaching to me and he went ahead and to tell me that I needed to clear my life, put my life right with Jesus. Remember, we are on our way walking but he was busy preaching to me. During that time he went ahead to ask me, “John, were you baptized?” I said, “Yes.” And he asked me, “When was that?” I told him that I was baptized as an infant, but he told me, “But John, you need to know that you must believe first so that you might be baptized.” He told me to open my bible, (because by then it was my bible) to the book of Mark, chapter 16, verse 15. But I didn’t know where the book of Mark was, so he helped me and we opened to the book of Mark, and we read “Go into the whole world and preach the gospel. Whoever believes shall be baptized.” He told me I must believe first so that you might be baptized.
During that sharing a light shone upon my mind and I knew I needed to believe in Jesus Christ to be my personal saviour. I told him, “I need to believe.” He was excited and he took me to the side of the road, it was a busy road. By then I was still a young man and this man led me to confess my sins and to repeat after him a confession prayer. I tried to argue with him, “Brother just give me the directions to your church, and I will come on Sunday”. But he couldn’t let me go, he wanted me to confess the sinners prayer. It was a bit of an embarrassment to me, I knew he wouldn’t let me go, and I didn’t want to disappoint him, thinking that he might even withdraw his bible from me. So I just agreed, he took me to the side of the street and I repeated after him and he told me to speak louder after him, though it was a bit of embarrassment to me, but you know I had to do it.
Then after that, he told me to close my eyes though people were looking at us. Most of them knew me, and they were surprised and wondered what I was doing. It was early in the day and they were wondering what had happened to me. He couldn’t let me go and he prayed over me, this was a Pentecostal man. He just shouted in his prayer and it was a long prayer, but what could I do. Then after that it was time for him to let me go and that is when I realized he wasn’t even going to town, he was just pretending, just using it as a trap to trap people like me. But good enough, he gave me money to catch a bus so that I didn’t have to walk to town. And the balance was enough for me to get lunch and supper for that day. What a blessing I received on the same day, salvation and money.
After that day, I went back home, by then I had entered into a traditional marriage with my wife Evah that happened in the same year. So I went back home and told my wife, she couldn’t believe me what happened, but it was the truth. And she told me “Okay, when you go to church on Sunday, then I will accompany you.” Sunday came and I dressed up and my wife did the same and she accompanied me and we ended up going to the church where that street preacher had directed us. We met him at the door, he introduced us to the pastor and the whole church was excited and received us with joy. When my wife saw what happened, how gladly they received us, she also surrendered her life to Christ on that day. So since then that was our turning point.
We stayed in that church, the pastor loved us, together with the street preacher, they loved us and he started to disciple me. Sometimes I would join him on the streets and we would preach together and then after, I became an interpreter for my pastor. He would preach and I would interpret in Swahili, sometimes he would preach in Swahili and I would interpret in Luganda, the local language mostly spoken here in Kampala. Being an interpreter of a man of God, I became acquainted with the Holy Ghost and the Holy Ghost would deliver the message some times through me. Then, in 1984 two years after my salvation, there was an apostle in the city, his name is Alex Mitala. Together with my pastor of the local church I was attending, they planted a church in one of the slum areas of Kampala, named Katwe. This was a place full of gangs, prostitutes, thugs, bandits and people of that calibre. So, I was to take the job of pastor to that newly established church. I accepted by the grace of the Lord though I was still young in the Lord and I didn’t know much about ministry. But I accepted by the grace of the Lord and on January 31, 1984 we took over the responsibility and the work of that church.
The church began with only two women, but we had to begin somewhere. It was only the might of the Lord which enabled me to stay. Just imagine, I was from a large church and now here I am beginning with only two women, that even shocked my wife and she went back to our former church. She did not like to come to my new church of only two women. But anyway, I stayed there and served those two ladies, the grace of the Lord was there and I ended up serving them and leading them what to do. One was the secretary, the other was the treasurer and I became the chairman, so the three of us were the elders. From time to time I wanted to quit, I thought that maybe this was not the right place, but spiritual fathers in the city told me to be faithful with few and the Lord would bless me with many.
One time I was attending a minister’s conference and I heard one preacher talking about how faithful Jesus was with one woman at the well, and after that faithfulness, the Lord poured out the whole city to him. That message changed my thinking and I went back and decided to be faithful with the two women, but as I am speaking now I have good news. The church started growing and growing. Right now the church has grown, we have given birth to many sister churches. I have many spiritual sons and have shown them how to plant churches around the nation. The church I started with is still growing and now if you visit us on Sunday morning you will see about 800 people and in the evening service you would see about 2,000 people. So God has just been taking us from glory to glory time after time. That is how the church has been growing, and the Lord has blessed us in that area.
To take you back, remember I had married my wife in 1982 the traditional way. We decided to renew our marriage vows in 1985, and that was a great blessing. As I am speaking right now, the Lord has blessed us so much, as I have told you. Our church has existed for 20 years and we have given birth to over 20 sister churches, and our church has grown to 2,000 people and the Lord continues to bless us. We constructed a church building which accommodated us for seven years, but we outgrew the building and the Lord gave us an additional piece of property. There we have set up a temporary shelter and by the year 2005 we will commence the work of constructing a new church building.



The wreckage (Inset) is Pastor Mike Mugerwa

By Our Reporter.

Pastor Mike Mugerwa of Saints Gate Pentecostal Church in Makidye died on spot in a motor accident along the Jinja-Iganga highway on Thursday.

The accident occurred at 7pm in Kakira when two trucks and a super custom all traveling from Iganga knocked each other. Another Ugandan and three whites also died on the spot.

Paul Mwerangye, the only survivor in the super custom is admitted at the Islamic clinic in Jinja. He said the accident occurred when the truck driver who was driving ahead, slowed down abruptly to negotiate a hump.
The speeding trailer from the back hit the super custom squeezing it between the two trucks. Mwerangye, a brother to Captain Peter Musherure of the Uganda Peoples Defence Forces, said the super custom had six passengers.
The group was traveling from Iganga where they had gone for a gospel outreach program. He sustained deep cuts on the head. Police and Red Cross arrived at the scene at around 7:30 pm. Jonathan Musinguzi, Jinja district police commander says the bodies were taken to Jinja hospital morgue

TIME OUT FOR POLITICAL PATRONAGE; KAMPALA TAXI PARK CONTRACT MUST BE TENDERED

It is so disgusting the rubbish from the UTODA. This is how low Uganda has ssank. UTODA management cannot have any courtesy when dealing with the owner of the parks they are tendering. They don't even get ashamed to shout out so much when they have been know to default simply because they have god fathers. We are fed up with leadership in this country taking us back to the stone age. Can you imagine the wealth the UTODA managers have as we go through a kraal like taxi park when it rains. Enough is enough. If NRM cannot manage the affairs of this country in a decent way, the best is pack and go.
The taxi parks should be tendered out openly stipulating the standards expected. There should be NO default on revenue. That type of silly management is not the computer age. It is sad going through the taxi parks when it has rained and you have to look to a shoe shiner. Whoever is scheming for UTODA, if these guys are to keep in business the taxi business MUST be professionally run. And someone must tell UTODa that we are nor aware when they bought the parks which they seem to take as personal property.
William Kituuka Kiwanuka

HomeNewsNational

UTODA SUES KCCA OVER CONTRACT

By ANTHONY WESAKA & Robert Mwanje

Posted Wednesday, October 26 2011 at 00:00

In Summary

The taxi body alleges that their contract to operate in the city runs up to October 2014.

Kampala

Uganda Taxi Operators and Drivers Association Ltd (Utoda) yesterday went to court seeking an interim order stopping Kampala Capital City Authority (KCCA) from taking over the management of public transport.

The move comes a week after KCCA announced that it will directly start managing public transport in the city next month when its contract with Utoda expires. The order is intended to allow the taxi body maintain its status quo until their main application before the same court is heard and determined.

In their application filed before High Court in Kampala last week, Utoda argues that it is unfair for KCCA to take over the operation of the taxis in the city since their contract still runs up to October 2014.

The application for an interim injunction is expected to be heard before one of the Kampala High Court registrars, Isaac Muwata today. “An interim order restraines respondents, their agents from interfering with the applicant’s management of taxi operations in the city due to expire in October 2014 pending the determination of the main miscellaneous cause,” reads part of the notice of motion by Utoda. The respondents in this case are KCCA and its Executive Director Jennifer Musisi Ssemakula.

The friction between Utoda and KCCA arose on October 18 this year when the latter in its memorandum addressed to among others the Lord Mayor Erias Lukwago and the division councillors erroneously announced that the taxi operators’ contract was expiring at the end of the month.
awesaka@ug.nationmedia.com & rmwanje@ug.nationmedia.com

Wednesday, October 26, 2011

BANK OF UGANDA AND THE AUDITOR GENERAL MUST MAKE SURE THAT MOBILE MONEY DON'T MINT MONEY

It is not clear how Bank of Uganda monitors mobile money transaction, but if this are not properly monitors, they are a possible cause of destabilizing the financial situation in the country. Those concerned need to do something.
William Kituuka

YOU NEED A LOT OF COURAGE TO ENDURE WHAT KASIBANTE HAS GONE THROUGH


It is not clear where this Singh man came from. A man from nowhere with good evidence by himself that he lost a lot of money to voter bribing and hence wanted to use that to secure the Parliament seat at all cost. Kasibante has gone through a lot of trial courtesy of the NRM which long ago lost credibility and resolved to use voter bribing given the badly impoverished citizenry they have created. What Kasibante is going through and making his swearing a problem is just part of the trials Ugandans have to go through to see that a regime which is more of a liability is exposed. There is all the hope that the voters will get the right person they voted for into the Parliament and not an impostor.

William Kituuka Kiwanuka

KATONGOLE SIGHN LOSES PARLIAMENTARY SEAT
By Stephen Otage

Posted Monday, October 24 2011 at 16:37

The High Court in Kampala, has declared Moses Kasibante the duly elected member of Parliament for Rubaga North saying he was the rightfully elected member of constituency. In a judgement which lasted more than one and a half hours, High Court Judge Justice Kibuuka Musoke faulted the Mengo Chief Magistrate for issuing a vote re-count order and abdicating the re-count process to a third party which should not have been the case as stipulated by the Parliamentary and Presidential Elections Act which led to the mess that followed the process later. The ruling brings to an end Mr. Katongole Singh's brief parliamentary career that saw him make a submission during the heated oil agreements debate in the house in support of the NRM party.

KATONGOLE SINGH
Saturday, 11 June 2011 09:19 by eriasa mukiibi sserunjogi

What makes the new Rubaga North MP so powerful?
The new Rubaga North MP, Parminder Singh Katongole, has imprinted himself on the politics of Uganda in an interesting fashion.
In a space of three months, he got the Electoral Commission to implement a vote recount against a court order and gazette him speedily; the recount, later declared ‘of no consequence’ by Judiciary spokesperson Erias Kisawuzi, took place within the precincts of Buganda Road Court; and Parliament brought forward his swearing-in by a day, catching his opponents off guard.
Those events and others have got people asking what makes Singh so powerful.
Asking the diminutive Ugandan of Indian extraction, who spots a ponytail, will not reveal much. He will smile at you, speak to you in Luganda if you like, or English with equal ease. Those who claim to know him will tell you he is tough and easily irritable.
NRM insiders say he is “an asset” to the ruling party as a fundraiser, mainly from the powerful Asian community of traders, industrialists, and large commercial farmers. A businessman himself, with interests in the popular big concert venue, Kati Kati Restaurant, and Catnkar Limited, a fuel and transport company, he melds well at the class and ethnic interest levels. Within the party, however, he also keeps the right company. NRM insiders say Katongole works closely with the powerful party secretary general and newly appointed Prime Minister, Amama Mbabazi. In the last election, for example, as the party’s deputy treasurer, he was in charge of all money for campaign activities.
It is not for nothing that party mobilisers at Kyaddondo road call him ‘Uncle Money’, an image he maintained in Rubaga North as he campaigned to enter Parliament. He printed huge campaign posters, dished out money to youth, women and other groups and individuals and donated an ambulance van to the constituency with his campaign picture imprinted on it.
But such power can only carry you up to a point. When his swearing was brought forward by a day to May 16, acrimony erupted because back in the contested constituency, Rubaga North, his challenger Moses Kasibante was engaged in running battles with the police as he tried to stage a protest against Katongole’s swearing in.
Kasibante was originally declared winner of the Feb. 18 election with 24,054 against Singh’s18,595 but a misty vote recount over a week later reversed the verdict, giving Singh 24,802 votes against Kasibante’s 22,850.

The recount, which went on into the dead of the night on Feb. 28, proceeded under tight security, oblivious of the High Court order stopping it.
Katongole had secured an order for recount from Mengo Chief Magistrate’s Court claiming that results from some polling stations had not been tallied. Kasibante successfully challenged the order, citing among other reasons, that some of the ballot boxes presented for the recount were not properly sealed.
But the recount continued because the Electoral Commission officials doing the job argued that the High Court order arrived ‘too late’ when the recount had already started.
The Electoral Commission gazetted Katongole as the Rubaga North MP-elect within hours, even if they had not done the same for Kasibante who had spent over a week as MP-elect.
Kisawuzi denounced the recount, saying the lower court had defied a High Court order.
In the High Court, Kasibante’s lawyer, Erias Lukwago, added to the controversy by submitting that the Electoral Commission flouted the law by gazetting Katongole without a certificate of recount from the Mengo Chief Magistrate Phillip Odoki who was supposed to have supervised the recount.
But Kasibante was confronted by a powerful legal team extracted from Akampumuza and Company Advocates, Mugenyi and Company Advocates, and Mwesigwa Rukutana and Company Advocates.
Singh’s lawyers resorted to what Kasibante’s lawyers call delaying tactics, asking the High Court to refer the case to the Constitutional Court for interpretation. Judge Vincent Zehukirize saw no reason to refer the case to the Constitutional Court. He ruled that the matter Singh wanted to refer to the higher court, that he had been racially abused, was not part of the issues to be determined.
But Katongole appealed the ruling, in the process delaying the hearing of the main suit. He was eventually sworn in before the suit was disposed of.
The main case will now be heard between June 13 and 17 but observers say that even if Kasibante wins it, he would still have a lot of time to wait since Singh has the option of appealing to the Court of Appeal and again to the Supreme Court. The process could take years.
Katongole may have imprinted his name on Uganda’s politics as a politician who gets his way regardless, but the same tag has sparked grumbling from unusual quarters; his colleagues in parliament.
On his maiden showing on the floor of Parliament, Katongole was greeted with sarcastic applause and boos from his colleagues.
Fluke, fluke, shouted Mukono Municipality MP Betty Nambooze, who is among those who maintain that the genuine winner of the constituency was her colleague, DP-leaning independent candidate Moses Kasibante. But Katongole remained unfazed.
“I fear only God,” he defiantly told reporters at Parliament after his acrimonious swearing-in on May 16. Of the Kasibante group challenging him he says simply that they should learn to concede defeat gracefully. “Why don’t they want fairness,” he asks, possibly unaware that those he has stepped on to get to top feel he is doubly unfair

Tuesday, October 25, 2011

KADAGA MAKING HISTORY?

Kadaga: NRM can’t block oil resolutions
By Mercy Nalugo

Posted Tuesday, October 25 2011 at 00:00

In Summary

Speaker vows to reject attempts by ruling party caucus to overturn decisions of Parliament regarding oil agreements and ministers accused of receiving bribes.
Speaker Rebecca Kadaga yesterday said political party caucus decisions cannot challenge resolutions of the House, shutting the door on attempts by the leadership of the ruling party to engineer a reversal on positions recently agreed on the oil sector. She said as Speaker and head of the Legislature, she still stands by the resolutions made by the House during its special session on the sector two weeks ago.
Among the more contentious of the resolutions was that all ministers named in an alleged billion shilling oil bribery scam to step aside while Parliament investigates the matter, and for government to cease transacting in the sector from until necessary laws have been passed to give effect to the National Oil and Gas Policy for purposes of enhancing transparency and accountability.
“I have been telling people that I don’t accept what comes out of party caucuses otherwise I would be obliged to go and attend DP press conferences, UPC press conferences, and others. Parliament is Parliament and the decisions it makes are final,” she said.
Ms Kadaga, who was meeting a delegation of women leaders from South Sudan, had earlier met a section of MPs both NRM and independents. MPs Wilfred Niwagaba, Theodore Ssekikubo, Barnabas Tinkasiimire, Mariam Nalubega, Mohammed Nsereko and Cerinah Nebanda said they met Ms Kadaga about disagreements with some of their colleagues over the oil debate.
“Our concern was to tell her that when the controversial issue comes back to Parliament for discussion, we will not rescind our earlier position. She also agreed that she has nothing to do with whatever takes place in party caucuses,” Mr Tinkasiimire said of the meeting.
A 10-point resolutions motion, upheld by majority legislators through voice-voting during a special session on the oil sector two weeks ago, has now pitted the President against some of his party members with his alleged demands that the resolutions be revised.
The NRM, which enjoys a supreme majority in Parliament, just returned from a retreat at the National Leadership Institute, Kyankwanzi, where Mr Museveni’s sentiments were discussed, and saw some MPs walking out on him in disagreement.
The legislators have since revealed a plot to move a motion to adopt roll-call voting instead of the voice-voting, as part of an alleged plan to ‘blackmail’ MPs into siding with Mr Museveni. “We will vote to uphold the resolutions of Parliament, which we took because they are good resolutions. The President promised to dismiss us from the party but we represent our people who sent us to Parliament and not him,” Mr Tinkasiimire said.
“In principle we feel we cannot proceed with them because the caucus has turned itself into the Parliament of Uganda and there is a process to oust the resolutions of Parliament,” said Mr Ssekikubo.

mnalugo@ug.nationmedia.com

Monday, October 24, 2011

TIME IS NOW TO FIGHT CORRUPTION IN UGANDA; THE WAY FORWARD



Organizations involved in the corruption war in Uganda are the only solution to the scavengers that are turning Uganda broke and inducing abject poverty to our people. We must stop this business of just talking about thieves as they accumulate at the expense of Ugandans and posterity. The way forward is for organizations involved in the anti corruption crusade to raise money from all possible sources and advertise to pay handsomely whoever can give concrete information leading to exposure of those who are looting the country. This will help to get information as it is a fact that the deals which lead the country broke are undertaken with the knowledge of many people who if given incentives may easily give details of the information so that recoveries are made or a record is kept so that recoveries are done at the appropriate time if the NRM Government is reluctant to see recoveries made.

William Kituuka Kiwanuka
Why Law Makers made a U- turn

Most lawmakers baying for the blood of ministers who allegedly pocketed billions of shillings as kickbacks, and demanding their resignation, have dramatically made a u-turn and are planning to rescind decisions they took on the floor of Parliament during the explosive debate.
Uganda’s Parliament, on October 12, unanimously voted to have Prime Minister Amama Mbabazi, foreign affairs minister Sam Kutesa and internal affairs minister Hillary Onek step down and give way for an ad hoc committee to investigate allegations of bribery against them.
“Enough is enough on corruption; there is no smoke without fire. I don’t see any problem in resigning a job once you’re suspected. The President can send them on leave to give way for investigations,” Gen Elly Tumwine, an army representative and close confidant to the President, argued then.
The resolution was one of the ten for which MPs voted after two days of heated debate.

But how did intense lobbying and President Museveni’s charm offensive at the National Leadership Institute Kyankwanzi put out a fire that nearly gutted the chambers of Parliament?
Nous and isolation
According to sources that attended the Kyankwanzi retreat, Museveni used political nous and isolation, and was even cunning enough to win over the hearts of the majority of lawmakers who only a fortnight ago seemed they would not budge on the resolutions they had agreed upon.
Aware that it would be difficult to sell his message across the spectrum, Museveni began by isolating a group of lawmakers who have historically refused to budge and accept government positions during controversy. Sources told The Observer that Museveni on Friday morning took to the floor after acting Chief Whip David Bahati.
Bahati had initially attempted to debate the NRM performance in the last presidential election, but Museveni immediately commenced debate on the ten resolutions the House had adopted during the oil debate. But before debating the details of the resolutions, Museveni went on the offensive, asking why rabble-rousers Muhammad Nsereko (Kampala Central), Theodore Ssekikubo (Lwemiyaga) and Wilfred Niwagaba (Ndorwa East) “were mobilizing people not to attend the retreat”.
Niwagaba then asked: “Whoever I mobilized not to attend, please stand up”; and without any response, the accusation lost legitimacy.
Ssekikubo also denied preaching any sentiment against the retreat. But the Mbarara municipality lawmaker, Medard Bitekyerezo, said he had listened to a radio programme where Nsereko said he would not attend the retreat — although he failed to name the radio station in question.
Nsereko sprung up to defend himself. “I appeared on CBS [radio] and said that we need to be more practical than simply going to Kyankwazi.”
Explaining why the Kyankwanzi retreat might turn out as a superfluous event where taxpayers’ money will be put to waste, Nsereko cited a similar previous exercise: “Some months ago, we met at State House and agreed that the country should be divided into agricultural zones, but this has stayed on paper since then.”
Feat of rage
In a feat of rage, Museveni warned: “So are you [Nsereko] saying that the organizers of the retreat are stupid and the old man [Museveni] is stupid, so he does not know what is practical?”
Amidst heckles from other MPs who felt it was a sign of disrespect for their colleague to sustain a personal exchange with the President, Nsereko continued: “We [MPs] recently visited a children’s ward in Mulago hospital and there were a few oxygen masks that the health workers rotate [among the children] depending on the condition of the patients. If we buy more, we can make NRM stronger.”
Museveni persisted: “So, you did not want MPs to come to the retreat. You think I don’t know what I am doing?”
Nsereko was not done either: “This is what I believe in, and it’s my opinion and conscience,” he said, his voice nearly drowned by the howls of those heckling him, shortly before Museveni called for a lunch break.
Upon resumption of the debate on Friday afternoon, Museveni said the parliamentary resolutions cannot be implemented and that “if it means going to the bush, I can go back to the bush.”
But Ssekikubo told Museveni: “Your Excellency, you went to the bush to restore constitutionalism and one of the institutions of this Constitution is Parliament. So, please don’t go back to the bush.”
Museveni, while debating the first Parliamentary resolution — which demanded that a moratorium on executing oil contracts and transactions be placed on the government until the necessary laws are passed — said this is unacceptable because the government would lose revenue.
He said if the government adopted such a radical position, it would lose a lot of money, including the country’s $404m tax claim from the $1.45bn sale of Heritage’s stakes in two oil blocks to Tullow Oil Plc. An arbitration process is underway in London.
“If this money is refunded, it could be used to build Karuma dam,” Museveni said.
The President, who had asked the deputy Attorney General Fred Ruhindi to complement his arguments, said the moratorium would also affect revenue collection from the sale of three exploration blocks to Total SA and China National Offshore Oil Corporation (CNOOC) Ltd, bought from Tullow at $2.9bn.
However, sources told The Observer that Niwagaba, a lawyer, articulately explained why the moratorium would neither impact on revenue collection nor affect the reward of the $404m tax dispute. But many MPs agreed with Museveni, saying they would rescind the decision to place a moratorium in the oil industry.
However, a few lawmakers who had rejected this position quietly left the venue at about 7pm and have since not returned to Kyankwanzi. They include Dr Chris Baryomunsi, Cerinah Nebanda, Ssekikubo, Nsereko and Niwagaba.
Proxy wars
Museveni had warned lawmakers not to be sucked into such flawed debates as the allegations of bribery, which are mere proxy wars within the NRM party.
“Baryomunsi is fighting Mbabazi’s wife, while Niwagaba is fighting battles on behalf of Father Gaetano [Tibanyenda] against Hope Mwesigye [former Agriculture minister and sister-in-law to Mbabazi],” he said.
Museveni, in a thinly veiled statement, revealed that Fr Tibanyenda tried to get close to Mwesigye, in vain. “Ssekikubo is fighting Kutesa,” he added.
However, Museveni said the position to rescind the resolution should remain within the confines of the NRM and in Kyankwanzi, and should not be misinterpreted.
“We don’t need to go to Parliament and people say, ‘the Sabalwanyi (chief fighter) is fighting [Speaker Rebecca] Kadaga and Parliament,” he argued.
Former Uganda Law Society president Bruce Kyerere told The Observer on Saturday:
“The executive can constructively engage the legislature to review the resolution if the President came up with positive information he thought is of much importance. But speaking of reversing the whole resolution without constructive engagement will be abuse of the doctrine of separation of power.”
Mbabazi survives
Sources reveal that although Museveni courted lawmakers through an impassioned plea, Mbabazi also quietly marshaled support using regional caucuses. Sources say Sembabule Woman MP Anifa Kawooya, a close associate of Mbabazi, almost traded blows with the Wakiso and Butaleja Woman MPs, Rosemary Sseninde and Nebanda, respectively, who insist that the ministers should step aside before the parliamentary committee begins investigations into the oil bribery allegations.
Mbabazi also relied on Yona Musinguzi (the Ntungamo municipality), Gabriel Ajedra (Arua Municipality), David Muhumuza (Mwenge North), Judith Amoit (Pallisa Woman) and the state minister for Regional Cooperation, Asuman Kiyingi, to roundly defeat the resolutions that particularly call for his resignation. Prior to the retreat, a majority of NRM lawmakers were defiant, demanding the resignation or censure of ministers who allegedly received kickbacks from Tullow Oil.
Buyaga East County MP Ignatius Besisira, who was vocal on the floor and demanded the resignation of those implicated, has since changed position. When The Observer contacted him on Friday, he declined to comment on his change of heart. Several MPs had earlier vowed not to be swayed by President Museveni.
“The Kyankwanzi retreat is all about interaction, and as a President, he should respect our conscience as MPs, lest we invoke other means if he is being contemptuous of Parliament and the Constitution,” Baryomunsi told The Observer prior to the retreat.
Peter Okeyoh (Bukooli Islands) shared this sentiment, saying the MPs would resist any attempts to be whipped.
“They can do whatever they want to do; for us we shall just wait for them in Parliament. This is not a party issue; we should put the national issues ahead of our political parties,” said Felix Okot Ogong (Dokolo), who was away in Nairobi on Friday.
Firebrand Rwampara MP Vincent Kyamadidi left Kyankwanzi on Monday and did not return after the President rebuked him. He had asked Museveni what had gone wrong within the ruling party, to which the President curtly replied: “It’s because of your indiscipline that we are facing this problem.”

mutaizibwa@observer.ug
skakaire@observer.ug

Sunday, October 23, 2011

DOING BUSINESS REPORT 2012 BY WORLD BANK

EMBARGOED: Not for news wire transmission, posting on Web sites, or any other media use until Thursday, October 20, 2011, 00:01 GMT, which is Wednesday, October 19, 08:01 PM in Washington D.C.

Doing Business 2012 Fact Sheet:
Summary of Doing Business Reforms in Sub-Saharan Africa

Angola made transferring property less costly by reducing transfer taxes. It also strengthened its credit information system, by adopting new rules for credit bureaus and guaranteeing the right of borrowers to inspect their data.
Areas of business regulation reform: Registering property, Getting credit (credit information)
Rank in Doing Business 2012: 172 Rank in Doing Business 2011: 171

Benin made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Starting a business, Getting credit (legal rights)
Rank in Doing Business 2012: 175 Rank in Doing Business 2011: 173

Botswana
Rank in Doing Business 2012: 54 Rank in Doing Business 2011: 52

Burkina Faso made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. Burkina Faso made dealing with construction permits less costly by reducing the fees to obtain a fire safety study.
Areas of business regulation reform: Starting a business, Getting credit (legal rights), Dealing with construction permits
Rank in Doing Business 2012: 150 Rank in Doing Business 2011: 151

Burundi made dealing with construction permits easier by reducing the cost to obtain a geotechnical study, made paying taxes easier for companies by reducing the payment frequency for social security contributions from monthly to quarterly, and made resolving insolvency easier by amending its commercial code to establish foreclosure procedures. In addition, Burundi strengthened investor protections by introducing new requirements for the approval of transactions between interested parties, by requiring greater corporate disclosure to the board of directors and in the annual report, and by making it easier to sue directors in cases of prejudicial transactions between interested parties.
Areas of business regulation reform: Dealing with construction permits, Paying taxes, Resolving insolvency, Protecting investors
Rank in Doing Business 2012: 169 Rank in Doing Business 2011: 177

Cameroon made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Starting a business, Getting credit (legal rights)
Rank in Doing Business 2012: 161 Rank in Doing Business 2011: 165

Cape Verde made registering property faster by implementing time limits for the notaries and the land registry. It improved its credit information system by introducing a new online platform and by starting to provide five years of historical data. And it made resolving insolvency easier by introducing qualification requirements for insolvency administrators and a shorter time frame for liquidation proceedings.
Areas of business regulation reform: Registering property, Getting credit (credit information), Resolving insolvency
Rank in Doing Business 2012: 119 Rank in Doing Business 2011: 129

The Central African Republic made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. The Central African Republic further eased the process of starting a business by reducing business registration fees. And it made registering property easier by cutting the cost in half.
Areas of business regulation reform: Starting a business, Getting credit (legal rights), Registering property
Rank in Doing Business 2012: 182 Rank in Doing Business 2011: 183

Chad made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. Chad further eased the process of starting a business by eliminating the requirement for a medical certificate.
Areas of business regulation reform: Starting a business, Getting credit (legal rights)
Rank in Doing Business 2012: 183 Rank in Doing Business 2011: 182

The Comoros strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Getting credit (legal rights)
Rank in Doing Business 2012: 157 Rank in Doing Business 2011: 156

The Democratic Republic of Congo reduced the administrative costs of obtaining a construction permit, made paying taxes easier for firms by replacing the sales tax with a value added tax, and made business start-up faster by reducing the time required to complete company registration and obtain a national identification number.
Areas of business regulation reform: Starting a business, Dealing with construction permits, Paying taxes,
Rank in Doing Business 2012: 178 Rank in Doing Business 2011: 176

The Republic of Congo strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. The Republic of Congo made registering property more expensive, however, by reversing a previous law that had reduced the registration fee.
Areas of business regulation reform: Getting credit (legal rights), Registering property (making it more difficult)
Rank in Doing Business 2012: 181 Rank in Doing Business 2011: 180

Côte d’Ivoire made it easier to start a business by reorganizing the court clerk’s office where entrepreneurs file their company documents. In addition, it eliminated a tax on firms—the contribution for national reconstruction (contribution pour la reconstruction nationale). Côte d’Ivoire also strengthened access to credit, by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Starting a business, Paying taxes, Getting credit (legal rights)
Rank in Doing Business 2012: 167 Rank in Doing Business 2011: 170

Equatorial Guinea strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Getting credit (legal rights)
Rank in Doing Business 2012: 155 Rank in Doing Business 2011: 161

Eritrea
Rank in Doing Business 2012: 180 Rank in Doing Business 2011: 178

In Ethiopia delays in providing new connections made getting electricity more difficult.
Areas of business regulation reform: Getting electricity (making it more difficult)
Rank in Doing Business 2012: 111 Rank in Doing Business 2011: 104

Gabon strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Getting credit (legal rights)
Rank in Doing Business 2012: 156 Rank in Doing Business 2011: 160

The Gambia made getting electricity faster by allowing customers to choose private contractors to carry out the external connection works. In addition, it reduced the minimum turnover tax and corporate income tax rates. And it made trading across borders faster by implementing the Automated System for Customs Data (ASYCUDA).
Areas of business regulation reform: Getting electricity, Paying taxes, Trading across borders
Rank in Doing Business 2012: 149 Rank in Doing Business 2011: 145

Ghana increased the cost to start a business by 70 percent.
Areas of business regulation reform: Starting a business (making it more difficult)
Rank in Doing Business 2012: 63 Rank in Doing Business 2011: 60

Guinea strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Getting credit (legal rights)
Rank in Doing Business 2012: 179 Rank in Doing Business 2011: 179

Guinea-Bissau made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Starting a business, Getting credit (legal rights)
Rank in Doing Business 2012: 176 Rank in Doing Business 2011: 181

Kenya introduced a case management system that will help increase the efficiency and cost-effectiveness of commercial dispute resolution.
Areas of business regulation reform: Enforcing contracts
Rank in Doing Business 2012: 109 Rank in Doing Business 2011: 106

Lesotho made enforcing contracts easier by launching a specialized commercial court.
Areas of business regulation reform: Enforcing contracts
Rank in Doing Business 2012: 143 Rank in Doing Business 2011: 142

Liberia made starting a business easier by introducing a one-stop shop. It strengthened its legal framework for secured transactions by adopting a new commercial code that broadens the range of assets that can be used as collateral (including future assets) and extends the security interest to the proceeds of the original asset. And Liberia made trading across borders faster by implementing online submission of customs forms and enhancing risk-based inspections.
Areas of business regulation reform: Starting a business, Getting credit (legal rights), Trading across borders
Rank in Doing Business 2012: 151 Rank in Doing Business 2011: 155

Madagascar made starting a business easier by eliminating the paid-in minimum capital requirement—but also made it more difficult by introducing a new requirement for tax registration before company incorporation. Madagascar improved its credit information system by eliminating the minimum threshold for loans included in the database and making it mandatory for banks to share credit information with the credit bureau.
Areas of business regulation reform: Starting a business, Getting credit (credit information)
Rank in Doing Business 2012: 137 Rank in Doing Business 2011: 144

Malawi improved its credit information system by passing a new law allowing the creation of a private credit bureau. And it made resolving insolvency easier by adopting new rules providing clear procedural requirements and time frames for winding up a company. But property registration became slower because the previous year’s improvement in the time for processing compliance certificates at the Ministry of Lands was not sustained.
Areas of business regulation reform: Getting credit (credit information), Resolving insolvency, Registering property (making it more difficult)
Rank in Doing Business 2012: 145 Rank in Doing Business 2011: 141

Mali made starting a business easier by adding to the services provided by the one-stop shop. In addition, it strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Starting a business, Getting credit (legal rights)
Rank in Doing Business 2012: 146 Rank in Doing Business 2011: 148

Mauritania made dealing with construction permits easier by opening a one-stop shop.
Areas of business regulation reform: Dealing with construction permits
Rank in Doing Business 2012: 159 Rank in Doing Business 2011: 162

Mauritius
Rank in Doing Business 2012: 23 Rank in Doing Business 2011: 21

Mozambique made getting electricity more difficult by requiring authorization of a connection project by the Ministry of Energy and by adding an inspection of the completed external works.
Areas of business regulation reform: Getting electricity (making it more difficult)
Rank in Doing Business 2012: 139 Rank in Doing Business 2011: 132

Namibia adopted a new company law that established clear procedures for liquidation. But it made transferring property more expensive for companies.
Areas of business regulation reform: Resolving insolvency, Registering property (making it more difficult)
Rank in Doing Business 2012: 78 Rank in Doing Business 2011: 74

Niger strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement.
Areas of business regulation reform: Getting credit (legal rights)
Rank in Doing Business 2012: 173 Rank in Doing Business 2011: 172

Nigeria
Rank in Doing Business 2012: 133 Rank in Doing Business 2011: 133

Rwanda made starting a business easier by reducing the business registration fees. And it eased firms’ administrative burden of paying taxes by reducing the frequency of value added tax filings from monthly to quarterly. Rwanda’s credit information system improved, as its private credit bureau started to collect and distribute information from utility companies and also started to distribute more than 2 years of historical information. Rwanda made transferring property more expensive, however, by enforcing the checking of the capital gains tax.
Areas of business regulation reform: Starting a business, Paying taxes, Getting credit (credit information), Registering property (making it more difficult)
Rank in Doing Business 2012: 45 Rank in Doing Business 2011: 50

São Tomé and Príncipe made starting a business easier by establishing a one-stop shop, eliminating the requirement for an operating license for general commercial companies, and simplifying publication requirements. It made dealing with construction permits easier by reducing the time required to process building permit applications, and it made registering property less costly by lowering property transfer taxes. In addition, São Tomé and Príncipe made trading across borders faster by adopting legislative, administrative, and technological improvements.
Areas of business regulation reform: Starting a business, Dealing with construction permits, Registering property, Trading across borders
Rank in Doing Business 2012: 163 Rank in Doing Business 2011: 174

Senegal made it easier to start a business and strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Acts. The amendments to the Uniform Act on General Commercial Law replaced the requirement for a copy of the criminal records of a company’s founders with one for a sworn declaration at the time of the company’s registration. The amendments to the Uniform Act on Secured Transactions broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. In addition, Senegal made trading across borders less costly by opening the market for transport, which increased competition. And it made enforcing contracts easier by launching specialized commercial chambers in the court.
Areas of business regulation reform: Starting a business, Getting credit (legal rights), Trading across borders, Enforcing contracts
Rank in Doing Business 2012: 154 Rank in Doing Business 2011: 157

The Seychelles made paying taxes less costly for firms by eliminating the social security tax. In addition, it made trading across borders faster by introducing electronic submission of customs documents. But an expansion of the jurisdiction of the lower court increased the time required to enforce contracts.
Areas of business regulation reform: Paying taxes, Trading across borders, Enforcing contracts (making it more difficult)
Rank in Doing Business 2012: 103 Rank in Doing Business 2011: 109

Sierra Leone improved its credit information system by enacting a new law providing for the creation of a public credit registry. It made enforcing contracts easier by launching a fast-track commercial court, and it made trading across borders faster by implementing the Automated System for Customs Data (ASYCUDA). Sierra Leone made resolving insolvency easier by establishing a fast-track commercial court in an effort to expedite commercial cases, including insolvency proceedings.
Areas of business regulation reform: Getting credit (credit information), Enforcing contracts, Trading across borders, Resolving insolvency
Rank in Doing Business 2012: 141 Rank in Doing Business 2011: 150

South Africa made starting a business easier by implementing its new company law, which eliminated the requirement to reserve a company name and simplified the incorporation documents. It made transferring property less costly and more efficient by reducing the transfer duty and introducing electronic filing. And South Africa made resolving insolvency easier by introducing a new reorganization process to facilitate the rehabilitation of financially distressed companies.
Areas of business regulation reform: Starting a business, Registering property, Resolving insolvency
Rank in Doing Business 2012: 35 Rank in Doing Business 2011: 36

Sudan
Rank in Doing Business 2012: 135 Rank in Doing Business 2011: 135

Swaziland made transferring property quicker by streamlining the process at the land registry.
Areas of business regulation reform: Registering property
Rank in Doing Business 2012: 124 Rank in Doing Business 2011: 123

Tanzania made trading across borders faster by implementing the Pre-Arrival Declaration (PAD) system and electronic submission of customs declarations.
Areas of business regulation reform: Trading across borders
Rank in Doing Business 2012: 127 Rank in Doing Business 2011: 125

Togo strengthened access to credit by implementing amendments to the OHADA (Organization for the Harmonization of Business Law in Africa) Uniform Act on Secured Transactions that broaden the range of assets that can be used as collateral (including future assets), extend the security interest to the proceeds of the original asset, and introduce the possibility of out-of-court enforcement. Togo also reduced its corporate income tax rate.
Areas of business regulation reform: Getting credit (legal rights), Paying taxes
Rank in Doing Business 2012: 162 Rank in Doing Business 2011: 158

Uganda increased the efficiency of property transfers by establishing performance standards and recruiting more officials at the land office. In addition, Uganda introduced changes that slowed business start-up by adding time to the process of obtaining a business license—though it also simplified registration for a tax identification number and for value added tax by introducing an online system.
Areas of business regulation reform: Registering property, Starting a business (making it more difficult)
Rank in Doing Business 2012: 123 Rank in Doing Business 2011: 119

Zambia made registering property more costly by increasing the property transfer tax rate.
Areas of business regulation reform: Registering property (making it more difficult)
Rank in Doing Business 2012: 84 Rank in Doing Business 2011: 80

Zimbabwe
Rank in Doing Business 2012: 171 Rank in Doing Business 2011: 168


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For more information on Doing Business 2012, please contact:
Nadine Ghannam +1 (202) 473-3011 Sushmitha Narsiah +1 (202) 473-0995
E-mail: nsghannam@ifc.org E-mail: snarsiah@worldbank.org

Contacts for region-specific queries on Doing Business 2012:
Sub-Saharan Africa

Lucie Cecile Giraud +254 717 717 910 Aby K. Toure +1 (202)473-8302
E-mail: LGiraud@ifc.org E-mail: Akonate@worldbank.org