Aboneka Writes

By Michael Aboneka As part of easing the lock down, the President announced several updates which included opening of arcades that meet the standards set, salons and allowing boda-bodas carry passengers. The boda-bodas and arcades must keep records of every person as part of the new requirements. They must write down their name, National ID number, Residence and telephone number in a bid to help in contact tracing just in case one of them happens to contract COVID-19. Be that as it may, there are issues concerning privacy of a person and that of their Data. The President recently assented to the Data Protection and Privacy Bill into law operationalizing Article 27 of the Constitution. The law aims at protecting the the privacy of the individual and of personal data by regulating the collection and processing of personal information; provides for the rights of the persons whose data is collected and the obligations of data collectors, data processers and data controllers; regulates ...

By Michael Aboneka The rush to create new cities has been marred with the appetite to create constituencies for many and not necessarily for the reasons of economic development among others. I have not seen any strategic development plan of any of the new Cities but rather been bamboozled with Candidate Posters of all manner and colour intending to take up political seats in the new cities. Among these is the "City Woman MP." I am wondering what law created the vacancy of "City Woman MP." Article 78 of the Constitution establishes the composition of the Parliament and specifically 78 (1) (b) establishes One Woman Representative for each District. Therefore, this means that the Constitution refers to a District and not a City for a representative of the Women in a district. Secondly, a City is curved out of a District that already has a Representative of the woman (wrongfully and commonly referred to as "Woman MP") and there is no need of a Second rep...

By Michael Aboneka Jr: The response to the COVID-19 pandemic has taken a general approach  regardless of the various categories of our population. The PWDS make up 26.5% of the general population (2014) and the blind 12.4% of the 26.5% PWDs who need specific interventions during this COVID-19 era.  I have seen blind people suffering the wrath of the curfew enforcement with the enforcement agencies not considering their unique situations.  Further, the educational messages making rounds on the media do not take care of the deaf as they have no sign-language interpreter and this therefore means that about  are missing out on the message from the Ministry of Health. Secondly, I have seen that masks are now being distributed and most of them are one size fits all with elastics to which one will attach to their ears. How about those without ears, how will they use the general masks. A simple string mask will be befitting of this category, but has the Ministry thought about his? Further, ...

On Monday 18th May 2020; the President made some further directives on COVID-19 to wit; mandatory use of the facial masks. He continued to say that the masks are those only provided for by the Government (even without showing a sample). These will only be ready in two weeks time. The time for distribution to every Ugandan is unknown just as the food has not reached all the intended 1.5 million Ugandans in 2 months. What shall happen to the distribution of masks to the entire Country? The Stautory Instrument made by the Minister on May 8th makes it mandatory for every one to wear a facial mask while in Public but the same instrument does not define what a mask is or what categories of masks are acceptable! This loophole is susceptible to abuse by the enforcement agencies. By Government making it mandatory for everyone to wear only a Government manufactured mask, is it trying to define what a mask is? Unless the Stautory Instrument is amended to include what amounts to a mask, any piece ...

Since the official announcement of COVID-19 by the Minister of Health on March 13th 2020, there were a number of measures taken as a means to prevent the spread of the Pandemic. As required by the law (section 10 of the Public Health Act) that the Minister by way of order has to announce an epidemic, the Minister indeed by the way of order, Public The Public Health (Notification of COVID – 19) Order, 2020 declared COVD-19 as a notifiable disease for the purpose of the Public Health Act. Further, the Order brought into application the Public Health Act to wit-Section 11 (Power to make Rules), Part IV (Prevention and Suppression of Infectious Diseases) and section 36 (Power to Enforce Precautions at Boarders) of the Public Health Act and are now applicable to to COVID – 19. This therefore means that the management of COVID-19 is now by way of law(s) exercised by the Minister of Health. The right to free movement, leave and return to ones’ country The right to free movement emanate...

There has been too much activity since Uganda announced its fist cased of COVID-19. The Ministry of Health requested for a supplementary budget before Parliament and what should have been a simple task was a hard one. after days of debate, the supplementary budget was passed and MPS still continued to complain that their role in the fight against COVID is not clear. I was wondering whether MPs have quickly forgotten their role, the role of Parliament is clearly established which among others is to make laws, appropriation and over sight. it seems MPs want to tune to being health workers and drivers so that they are at the front line fighting COVID-19? Who then shall carry out the oversight function over Ministry of Health? As we were still healing from this, Parliament passed 10 Billion shillings translating to 20 Million for each MPs so that they join the fight against COVID-19. The question is, what exactly are the MPs going to do with the money yet they passed a supplementary bu...

Transparency and accountability are one of the principles that this Government boasts of and continues to preach. COVID-19 is here and several developments have happened. First, Parliament approved a supplementary budget of 284 Billion Shillings to fight COVID-19. This was approved under Addendum 2, of the Supplementary Expenditure Schedule No. 2 for Financial Year 2019/2020 and the 284 billion shillings will be used by the Health, Security and Local Government sectors, Kampala Capital City Authority (KCCA) and the Ministry of Disaster Preparedness and Refugees. Of the 284 Billion Shillings, the security sector was to receive Shs 77.4 billion; Shs 36.1 billion for Local Governments; Shs 59.4 billion for disaster response and Shs 2 billion to KCCA. The balance, which is about 109.1 Billion was to the health ministry. We thank the Parliament for approving this fund to help in the fight against COVID and we hope that the money will be accounted for to the latter and that Parliament wi...

I salute the Ministry of Health for the efforts so far in as far as managing the Corona Pandemic and providing timely information to the general public. The President on March 18th, 2020 delivered a speech on the Country's position on the Corona Pandemic and stated several what he termed as strategies. Below are issues that are still hanging in the balance: 1. Is the Speech legally enforceable? The President made a speech on Wednesday 17:00hrs and this was one of the shortest speeches in history I have observed. Th Speech had consequential orders and I am wondering how they will legally be enforceable. I don’t think Presidential orders from a speech are legally biding. There needs a legal process by a Minister tabling or exercising her powers under the Public Health Act by first making a statutory order of the Corona to be brought under the Public Health Act and then make a special Statutory Instrument detailing the rules and their sanctions. As it stands, what will be t...

The President has so far had four addresses of which he progressively issues new directives to the public. I have been part of those challenging the legality of the directives in the absence of the Statutory Instrument by the Minister of Health. We kept pushing until the Statutory Instrument were issued on 24th March 2020. Will these act retrospectively? Those who ere arrested for defying the directives before the issuance of the Statutory Instrument by the Minister on Mach 24th 2020, what was the basis for their arrests? Isn't this an an infringement of rights and a rape on rule of law especially Article 28 of our Constitution that bars any arrest of individuals in absence of any law demanding so? Secondly, I have seen security agencies beat up people in Mityana, Busia and other parts of the country in the name of enforcing the directives. This is illegal and a violation of human rights as there is no law subjecting "offenders" to corporal punishment and the security ...