Residents of Nansana Municipality have cited the delayed conclusion of cases, travelling long distances and failure to reclaim bail money as some challenges faced as they seek justice in courts of law.

They revealed these before principal judge Dr Flavian Zeija who was officiating at the Nabweru Chief Magistrate's court open day. During the open day, the judiciary visits communities to get feedback about their services and challenges faced by the court users in relation to the dispensation of justice.

The locals further told Zeija that they donated land for the construction of Nabweru Chief Magistrates court but when its operations started, the court instead started hearing cases from Nansana Municipality. And when Nansana Grade One Magistrate's court was established, there was confusion on which court should hear cases from the three divisions.

Besides the Nabweru and Nansana courts, sometimes residents are informed that their cases will be heard from Wakiso Magistrate's court which is far from them. Dr Zeija said that plans are underway to re-gazette all the magisterial areas in the country such that court users will no longer have to travel or trek longer distances to seek justice.

As of last year, Uganda's total case backlog stood at 50,592 cases (30.11 per cent) against 168,007 pending ones. Zeija also said that they plan to amend the laws governing magistrates court such that their mandate or powers are expanded from hearing cases whose value is not more than Shs 50 million to cases with much value. He has also cautioned judicial officers against being rude when handling litigants.

At the same event, different players in the justice system including Uganda Law Society, Uganda Police Force, Office of the Director of Public Prosecutions, and the Uganda Prisons Services explained to the community about their different roles as institutions and what the public should expect from them.

Simon Peter Siima, the assistant OC of Luzira Upper Prison said that they receive complaints from the public about prisoners who have been released before completion of their respective sentences.

Siima said that every person convicted and sentenced to serve a jail term in prison is entitled to remission which is a third of the punishment imposed by the courts. He explained that if the prisoner conducts himself in a good manner, they can have their sentences reduced.

Musa Mulangira Kanakulya and Expedito Kizito Salongo the local council leaders in the area decried the low pay, saying that they earn only Shs 10,000 and that lawyers normally come and execute agreements with their area residents without their involvement, especially in land transactions.

However, Zeija said that issues of low payments should be addressed to the resident district commissioner. He further said that matters to do with lawyers should be addressed by the Law Council which is charged with regulating the conduct of advocates. - Judith Kukunda, The Observer

Undercapitalised commercial banks in South Sudan now risk closure due to the ongoing scrutiny by the Bank of South Sudan to strengthen the banking sector, a report from the International Monetary Fund (IMF) has revealed.

The IMF report No. 23/108, dated March 1, 2023, noted that the said banks account for about “six percent of system assets and 12 percent of deposits”. 

“Over the coming months, the BoSS will lay out plans to address the undercapitalization of the domestic banking sector (MEFP). Several licenced commercial banks, accounting for six percent of system assets and 12 percent of deposits, appear to be undercapitalised,” the report read.

The lender warned that “undercapitalization is unhealthy for financial development and affects the capacity of the banking sector to absorb shocks in economic growth and development.”

It added that the bank had already taken the necessary measures by revoking the licences of “two inactive domestic banks” that were yet to start operations. 

“It is also reviewing the licences of inactive banks that are critically undercapitalised and have ceased operations,” the report elaborated.

Future plans

It stressed that the BoSS Board would begin publishing audited financial statements after the strategy for addressing undercapitalization is approved in June 2023.

“By June 2023, the BoSS Board will approve a time-bound strategy for addressing banking sector undercapitalization as one of the SBs of the PMB,” the IMF noted in the report. 

“The BoSS will proceed to enforce the publication of audited financial statements by all commercial banks operating in South Sudan, and, to enhance transparency, it has also commenced the regular publication of quarterly Financial Soundness Indicators (FSI) for South Sudan’s banking sector on its website.”

But a news report published by The East African on June 3, 2023, stated that BoSS would phase out low-denomination banknotes, reduce cash payments, and prioritise payments through bank accounts.

“Juba is also seeking to reduce the cost of cash transactions by phasing out low denomination banknotes and reduce the cash reliance of the economy through supportive policies, including paying civil servants through bank accounts,” wrote The East African.

“The Bank of South Sudan (BoSS) has disclosed in the International Monetary Fund (IMF) Country Report No. 23/108 dated March 2023 that plans are underway to implement an insurance plan for bank depositors as part of a wider East African integration agenda, seeking to protect account holders and boost confidence in the regional banking sector.”

False report

But a reliable source from the Bank of South Sudan who spoke anonymously said such reports were not true as the governor of the Bank of South Sudan (BoSS) had not said anything like that.

“I am not sure about this. I don’t know their source of information because the source of information is the governor; if the governor had said this, this could be true,” denied the anonymous source.

Importance of capitalisation

In June 2023, Dr. Moyi Harry Ruben, the acting managing director of Ivory Trading and Investment Company, issued similar sentiments that banks that lack capital are economic baggage.

“Bank capital risk should not be treated lightly because it may affect the whole economy. In other words, excess credit, interest risk, and operational risk could result in a bank’s having insufficient capital to meet losses resulting from loan losses. It may even run short of cash in some cases,” Moyi said. 

He stressed that the Central Bank imposed the policy of adequate capital so that it could defend the economy.

“The important reason why the Central Bank imposes capital adequacy is simply to safeguard the economy and the customer’s deposits, prevent panic withdrawals that may cause a lack of confidence in the banking industry in the country, and influence the functions of a discount window where banks can borrow money from and safeguard confidence in the banking system,” he added.

“Banks need to have several reserves for prudential purposes. If a bank fails to meet its minimum desired level of reserve assets, it may have to turn away customers, loan seekers, and other obligations that fall due.”

Accounts closure

In January 2023, the Bank of South Sudan (BoSS) issued an order for the closure of the bank accounts of public institutions like ministries and commissions as well as state governments in commercial banks, asking for the list of exempted banks to be submitted by January 27, 2023.

“In light of the above, the BoSS is hereby directing all commercial banks to close all bank accounts of central government institutions (ministries and commissions) and state governments except donor-funded project accounts of these institutions,” the BoSS said, demanding that the names of these exempted banks be submitted no later than Friday, January 27, 2023. By Mamer Abraham, The City Review

The Constitution in Chapter 4 Article 43(1) f provides that every Kenyan citizen is entitled to, among many other rights and freedoms; the right to education.This is in line with the Education for All goals calling on countries to ensure they provide their citizens with free, accessible and equitable education that is in tandem with SDG 4 agenda on provision of free, quality and accessible education to all citizens of the world by 2030. This call has been elusive to most countries in the world.

The Kenya National Union of Teachers alongside other teacher trade unions launched a report on the extent and nature of privatisation and commercialisation of education in Kenya in September, 2022. There is an ongoing debate about private education, notably for-profit education, leading to the commercialisation of education. The UN Special Rapporteur on the Right to Education has devoted three consecutive reports to raising alarm on the subject. Against this backdrop, the study demonstrated the increase of private education providers in the education sector. 

Like many other countries, Kenya is slowly recovering from the economic meltdown resulting from the impact of Covid-19. However, for the country to maintain momentum on the gains made on the education front, it is important that the government commits itself more in education provision. Commitment to provide infrastructure, especially the extra classrooms and laboratories for junior secondary schools (JSS) is laudable, plans by TSC to employ 35,000 more teachers on contract terms by the end of 2023 to address workload and understaffing is commendable.

This will go a long way in making public schools more attractive, hence a step in retaining more leaners in public schools. Focus should, however, also be on putting these teachers on permanent and pensionable terms, just like their other colleagues. This will go a long way in promoting equity in service provision. 

It is important to note is that there are various causes of privatisation and commercialisation of education in Kenya which can be categorised as demand and supply factors. They are high demand for education, inadequate public schools, perceived decline in quality of education, increased human population, education policies, availability of trained and unemployed teachers, perception of free basic education, increased number of business entrepreneurs in the education sector, reduced government capitation, differentiated curriculum demand in education, lack of regulation of private schools, distance to school, poor working conditions among teachers in the public school system, demands by students themselves and demands by school management boards.

These triggers can be handled by government if proper investment in education is undertaken. In the 2022/2023 budgetary allocation, Sh544.4 billion was appropriated for the education sector. Sh12 billion was set aside for free primary education with Sh2.5 billion going to teacher recruitment, Sh64.4 billion was for free day secondary schools and Sh5 billion for exams waiver for Grade Six, Class Eight and Form Four students. Sh294.7 billion was allocated to the Teachers Service Commission, Sh6.8 billion to the secondary education quality improvement projects, Sh91.2 billion to university education and Sh15.8 billion to Helb, among other costs.

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This allocation is not enough to sustain the education sector given the fact that the population has out grown the available infrastructure and the 100 per cent transition policy by government. It is of our considered opinion that more funds be directed to the sector for the realisation of both local and international commitments on education.

Realising that it is the role of the government to provide free and quality education to children as stipulated in the Sustainable Development Goal number 4 and the Kenyan Constitution, the survey recommended the need for all education stakeholders to be involved in the national dialogue on the best way to regulate private education providers and increase government schools’ presence in identified areas, especially urban informal settlements. 

The study also recommended stringent observance of the Kenya Physical Planning Act (2019) that provides for social amenity spaces in residential areas, revamping public schools to make them more attractive to parents, learners and workers, revised and increased government capitation to public schools, ambitious recruitment of trained teachers to public schools across the country, increase budgetary allocation by the National Government to the quality assurance and standards department to enhance monitoring and regulation of schools.

The survey also recommended a review the boarding schools policy in Kenya, which is the main avenue for commercialisation of education and ensuring the unionisation and protection of the rights of teachers and education support personnel in private schools. We hope these recommendations will help in forming a national dialogue that will address privatisation and commercialisation of education. By Collins Oyuu, The Standard