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Norbert Mao

The Constitutional court has established timelines for a case involving six Democratic Party members, led by Member of Parliament Richard Lumu Kizito, challenging an agreement between their president general, Norbert Mao, and President Yoweri Kaguta Museveni.

The other legislators involved in the case are Michael Phillip Lulume Bayigga, John Paul Lukwago Mpalanyi, Fortunate Rode Nantongo, Richard Sebamala and Fred Kayondo. They have filed their case against President General Mao, Secretary General Gerald Siranda, the Democratic Party, and the Attorney General.

The deputy registrar for the Court of Appeal/Constitutional court has instructed eight law firms involved in the case to prepare for a conference by filing a joint written scheduling memo, including brief facts for each party.

The parties must also outline the issues/complaints to be resolved in the appeal/petition and submit a list of authorities each party intends to rely on, with relevant parts highlighted.

According to the court order, these authorities should have pertinent sections highlighted for reference. The parties must file and serve conference notes by March 1, 2024, with the petitioners submitting their submissions by March 18, 2024, and the respondents by March 29, 2024. Any rejoinder should be completed by April 15, 2024.

The court will then convene the conference interparty on April 18, 2024, at 11 am. The outcome of the conference session will be forwarded to the head of the court for directions on the subsequent steps regarding the expeditious resolution of the appeal/ petition.

The petitioners argue that they were elected to parliament on the DP ticket and are members of the party’s National Executive Committee, the decision-making organ of the party. They contend that without proper authority, consultation, or consent from the party’s organs, Mao, under the title of “Chairman General” (a position not recognized in DP’s constitution), signed a cooperation agreement with the ruling National Resistance Movement. This agreement includes provisions for DP’s support of the NRM government on various matters in parliament.

Records show that DP agreed to cooperate with NRM in supporting the overall governance agenda and supporting parliamentary votes on matters of confidence and supply for the full term of this parliament. Additionally, DP would support the NRM government on procedural motions in the House and at select/sessional committees on the terms set out in the agreement. Mao was also to be appointed as Justice and Constitutional Affairs minister, and by 2026, there would be no existing DP structures within the central part of the country.

According to the court records, the ministers appointed from DP agreed to be bound by the Cabinet rules in the exercise of ministerial responsibilities, including provisions on conduct, public duty, and personal interests of ministers. They would also be bound by the Principle of Cabinet confidentiality as laid out in the Cabinet Rules. The DP would support the government on procedural motions in the house and in committees, subject to consultation being undertaken.

Following the agreement, Mao was duly appointed the minister of Justice and took the oath on August 2, 2022. However, the legislators argue that while they have no issue with Mao being appointed as minister in his personal capacity, his actions of signing the cooperation with NRM while still serving as the DP president undermines the spirit, letter, and principles of democratic governance enshrined in the constitution.

They have asked the court to declare the agreement null and void and not binding on the DP. They also seek a permanent injunction restraining all organs of the DP from ratifying the impugned cooperation agreement with NRM. However, when the case was filed, the legal advisor of DP, lawyer Nalukoola Luyimbazi, through an affidavit of Ochaki Alex Oke of the members of NEC representing the West Nile sub-region of Uganda, argued that the case should be dismissed because it was misconceived and wrongly filed against the party.

They concurred with the petitioners that there has never been any gathering of the Democratic Party membership or leadership for purposes of consultation regarding the impugned agreement. However, Mukasa Mbidde, who is also a vice president, filed an answer to the petition, stating that he did not authorize Nalukoola to respond to the petition.

During the conference, the court will also address this internal party matter. Additionally, in 2022, lawyer Male Mabirizi instituted criminal charges against Mao and Siranda at Entebbe Chief Magistrate’s court, accusing them of common nuisance, disobedience of statutory duty, and conspiracy to defraud following the 42-clause agreement. By URN, The Observer

President of Democratic Republic of Congo Felix Tshisekedi ( FILE PHOTO - Anadolu Agency ) 

DOUALA, Cameroon

The president of the Democratic Republic of Congo said Thursday he was open to a dialogue with his Rwandan counterpart for peace but lashed out against an agreement recently signed between Rwanda and the European Union on mining.

“It’s a provocation in very bad taste,” said President Felix Tshisekedi during a live exchange with reporters on national television station RTNC.

Tshiseked alleged Rwanda was plundering Congo's mineral resources.

He criticized an agreement signed between the EU and Rwanda earlier this week linked to the strengthening of their cooperation in the mining sector, particularly with regard to critical raw materials such as tantalum.

Rwanda should not export wealth that it does not have, he said.

With the proceeds of these illicit sales, they will equip their armies and continue their ambitions in the Congo, he added.

He accused Rwanda of supporting the M23 rebel group, which launches regular attacks in eastern Congo.

“Rwanda continues to hide behind the M23, which is why I do not discuss with this terrorist group,” he said, responding to a question on holding talks with the rebels.

“My priority is peace, I want definitive peace for my country, for that I am ready to put a pause on my warlike desires. If we can obtain it with non-warlike methods I sign with both hands. But if it takes war to have peace I will also do it with both hands,” Tshisekedi added.

Tshisekedi is scheduled to meet his Angolan counterpart Joao Lourenco on Feb. 27. Lourenco is a mediator in this crisis.

Rwandan President Paul Kagame has always denied his support for the M23 rebels. By Aurore Bonny Anadolu Agency

 
 

The United Republic of Tanzania is all set to welcome ministers and attorneys-general to the Commonwealth Law Ministers Meeting, which will open in Zanzibar on 4 March 2024.

Held every two years, the meeting of law ministers is a leading platform for collaboration among the 56 Commonwealth countries, which share a common legal tradition. 

The theme of this year’s meeting is ‘Technology and Innovation: How digitalisation paves the way for the development of people-centred access to justice.’

Under this theme, law ministers will examine ethical ways to use technology to make legal services and information more accessible to people, while exploring responses to threats, such as cybercrime.

Hon Ambassador Dr Pindi H. Chana, the United Republic of Tanzania’s Minister of Constitutional and Legal Affairs and Chair of the 2024 Commonwealth Law Ministers Meeting, announced the meeting’s details at a press conference in Zanzibar on 26 February 2024.

Addressing journalists, she said:

“We expect to get a lot of benefits following this meeting as the topics that will be discussed will help to find the right ways to strengthen and enforce the law and access to human rights.

“Other benefits are promoting our country in the international space through various tourist attractions and convincing investors. In addition, this meeting will be an opportunity for small entrepreneurs to do their business in the meeting area and increase foreign currency income.”

In her message, the Commonwealth Secretary-General, the Rt Hon Patricia Scotland KC, commended the Government of the United Republic of Tanzania for making exceptional arrangements for the meeting.

Secretary-General Scotland drew attention to the pressing need to close the access to justice gap, which currently affects two-thirds of the world’s population. 

She highlighted the detrimental consequences of the lack of people’s access to justice on development, inclusive growth, and conflict prevention.  

The Secretary-General continued: “At a time when increasing conflicts are undermining respect for international law, ensuring equal access to justice remains a fundamental precondition for building peace and security for all.”

She said: 

“Our priority is to help all our member states deliver equal access to justice for all. That requires legal systems which can meet the needs of all.

“The upcoming Commonwealth Law Ministers Meeting offers us a vital platform to discuss the growing threats to the rule of law and find innovative ways to deliver the changes which will guarantee justice for every one of the 2.5 billion people living in our Commonwealth.” 

The meeting’s four-day agenda will cover a range of topical legal issues, including digital assets, electronic resources for efficient legal systems, access to justice for people with disabilities and developments in climate legislation.

The outcomes from the meeting will shape the agenda for the upcoming Commonwealth Heads of Government Meeting (CHOGM) in Samoa later this year. 

The meeting will be held at the Mora Hotel in Zanzibar from 4 to 8 March 2024

Samburu residents protest against banditry. They are living at the mercy of bandits.[Michael Saitoti, Standard]

Banditry and cattle rustling in the North Rift counties are not a new phenomenon. 

The attacks staged by suspected bandits from neighbouring communities have left a trail of destruction, deaths, thousands of livestock stolen and displaced hundreds of families. 

In Samburu County, such attacks have left 200 people dead in less than a year, families displaced and hundreds of livestock stolen. 

 

The vice has left communities living in Porro, Lobongare, Losuk, Malaso, Suguta, and Angata Nanyokie in Samburu West constituency desperate.  

Their leaders are also in despair while the government talks tough with little results. This is the situation facing many residents of Samburu West constituency, victims of recent bandit attacks that have left over 72 people dead in just four months. 

In Angata Nanyokie ward, area MCA Paul Leshimpiro is the latest casualty. His death and that of three other people, including a two-year-old boy, who were shot by bandits at the weekend, has caused uproar among leaders and their electorate. 

On Monday, Maa leaders led by Governors Joseph Ole Lenku (Kajiado), Patrick Ole Ntutu (Narok) and Samburu’s Lati Lelelit led a protest in Maralal town.  

The leaders led more than 2,000 protestors to Samburu County Commissioner’s office, where they presented their grievances. 

As they presented their petition, the pain, feeling of numbness and despair were written all over their faces. By Michael Saitoti, The Standard

 

On the opening day of the 6th session of the United Nations Environment Assembly (UNEA-6) meeting, environmental experts and advocates united to demand decisive action against the ongoing climate and plastics crises fueled by fossil fuels.

Hellen Kahaso Dena, Project Lead of the Pan-Africa Plastics Project at Greenpeace Africa, emphasized the dire need for a robust Global Plastics Treaty.

"Our planet is drowning in plastic, a crisis intricately linked to the fossil fuel industry. Member states are allowing fossil fuel interests to drive the treaty negotiations and water down its ambition. Ending the corporate addiction to plastic is an important part of moving away from fossil fuels, combating climate change, pollution and protecting communities," said Dena.

Amos Wemanya, Senior Advisor for Renewable Energy and Just Transitions at Powershift Africa, highlighted the devastating impact of fossil fuels on the climate.

 

"Fossil fuels are failing to power the African continent. Despite decades of coal, oil and gas extraction, 600 million Africans have been left without power. The era of fossil fuels must end now if we are to avert catastrophic climate change. We urge member states at UNEA-6 to commit to a rapid and just transition to renewable energy."

Seble Samuel, Head of Africa Campaigns and Advocacy for the Fossil Fuel Non-Proliferation Treaty Initiative, called for the adoption of an international treaty to equitably phase out fossil fuels and deliver a financed global just transition to distributed renewable energy systems.

"The plastics crisis reinforces the need for a binding Global Plastics Treaty as well as a Fossil Fuel Non-Proliferation Treaty that can tackle the root cause of both crises —fossil fuels. An international fossil fuel treaty is not only necessary, it is urgent. We need binding commitments to phase out fossil fuels and ensure a just transition for affected communities, particularly in Africa, that diversifies economies, deploys renewables, builds development alternatives and puts finance, technology, justice and equity at the centre."

Plastic production is closely tied to the fossil fuel industry, primarily through the extraction and processing of petrochemicals. The energy-intensive process of converting petrochemicals into plastics contributes to greenhouse gas emissions. As global fossil fuel demand is projected to decline, the fossil fuel industry is eyeing plastics as a lifeline. As the demand for plastic continues to grow, so does the need for fossil fuels, thus increasing emissions and accelerating the climate emergency.

Greenpeace Africa, Powershift Africa, and the Fossil-Fuel Non-Proliferation Treaty Initiative call on UNEA-6 member states to formulate and adopt a comprehensive and binding Global Plastic Treaty that addresses the entire lifecycle of plastics, from production to disposal. They also call on member states to endorse and implement an international fossil fuel treaty to fairly phase out fossil fuel production and support a just transition towards sustainable and renewable energy sources. AMA

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