By: Akida Leonard @
shemejiakida@gmail.com
While President Museveni argues he does not mind about any one annoying him regarding the current talk on the Computer Misuse Act, 2011, that has seen prominent and deemed Bazukulu battling with security agencies ( Law Enforcement Team- if you wish to call them so), Ugandans are still in doubts on who could be judged right and or wrong between the Fountain of Honor and Security Organs who have repeatedly arrested and detained culprits of the law. The culprits are arrested, detained and charged with cases related to offensive communication against the person of the President even though the annoyed person claim he’s free from any annoyances.
In this article, The Parrots digs deeper to bring to you a well researched list of Wanainchi who have at one point in time fallen victims of offensive communication since the 2016 General elections, how they escaped the charges and some of these still battle with courts while others were set free to do what a Mwana was Ssabasajja call: ” Agenda oly’ enkoko yo.” About 15 people have been arrested for allegedly offending President Museveni since the 2016 general elections.
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| The Parrots Writing Tip
Punde si punde, Swahili People say, we commit no crime highlighting to you about the long told Computer Misuse Act, 2011, which even the President believes is a colonial law bringing him in duo agreement with the Bazukulu, activists and other Human Rights Organizations. However, with the day-day dynamisms in technology no one can tell whether or not the law can be amended. |
What the Law says:
Section 25 of the Computer Misuse Act, 2011, on offensive communication and cyber harassment, is perhaps the most controversial. “Any person who wilfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable on conviction to a fine not exceeding 24 currency points or imprisonment not exceeding one year or both,” the act reads in part. Twenty four currency points is an equivalent of Shs480,000.
The President and some of his closest circles have severely been attacked on social media and culprits have been arrested and brought to book. However, the law seemingly subjects “Omuntu wa Wansi” commonly known as the marginalized person since they are oftenly invoked by other persons through social media platforms and police remain reluctant on charging the offenders.
Also; Section 24, of this Penal code Act suggests a sentence to life imprisonment to anyone found guilty of annoying, ridiculing the President. This Act However is contrary to Article 19 of the 1995 constitution which grants individuals rights to freedom of expression that includes freedom of speech, association, and assembly.
If you were thinking of an idea to deliver any information about the President, those close to him, better read about the following people and their communications so as you don’t follow suit into their footsteps.
1. Mr Kabuleta, is the currently known victim. He was arrested on Friday 5thJuly,2019, hile with friends at Forest Mall in Lugogo, Kampala, ahead of his weekly Watchman Fellowship held at UMA Upper Gardens, was grabbed by plain-clothed security agents at around 5pm.
Kabuleta was arrested due to his social media campaign in which he authored missives critical of the ruling establishment and the First Family.
In the memo entitled “Mafia Empire and the Transition”, which was published on his Facebook page on July 8, Mr Kabuleta was particularly critical of President Museveni’s son and senior presidential advisor on special operations, Lt Gen Muhoozi Kainerugaba.
He said a plot was in flight to ensure that Gen Muhoozi succeeds his father as President.
“The First Son is already being sent on foreign missions on behalf of his father and is meeting ambassadors and dignitaries, and tweeting about it,” Mr Kabuleta’s post read in part.
He added: “Maybe the Godfather is planning to go into semi-retirement after rigging the 2021 elections and take on an advisory role as his son runs the family business called Uganda Limited…… or maybe, just maybe, the transition happens within NRM and the country adopts a parliamentary system in which the party with the most elected legislators takes the presidency……. Whatever their plans, I know for sure that the reality will be different. The Mafia empire is crumbling and Uganda will return to Ugandans.” Kabuleta posted.
The culprit under “Joseph Kabuleta Weekly Rant Returns,” repeatedly referred to the fountain of honour as “a Gambler, Thief and Liar which contradicts Section 25 of the Computer Misuse Act, 2011. He was later bailed.
2. On June 12, the police arrested Pidson Kareire, the managing editor of a news website, The Drone Media, on charges of, among others, four counts of “offensive communication. The charges stem from The Drone Media’s reporting on labour recruitment firm, Middle East Consultants Limited. Mr Kareire pleaded not guilty to the charges and was released on a non-cash bail of Shs10m.
3. In 2018, Mukono Muicipality MP Betty Nambooze was arrested and detained on charges under the Computer Misuse Act for her alleged social media comments prior to and after the shooting to death of Arua Municipality MP Ibrahim Abiriga and his brother Saidi Butele Kongo.
4. Raymond Soufa, alias Peng Peng, Nasser Mugerwa and a one Jane Kuli, were indicted by the police under the same law and related events.
6. June 18, 2019: Events promoter Andrew Mukasa, also known as Bajjo, was charged with incitement of violence against the person of the President and offensive communication. Bajjo was granted a bail and the case is still in courts of law.
7. February 25, 2019: City socialite Shanita Namuyimba, alias Bad Black, was quizzed by the police CID for allegedly abusing and defaming President Museveni on social media. In the video, she also claims that the President had impregnated her and then forced her to abort.
8. January 2019: Police in Gomba District arrested a 19-year-old man for allegedly insulting President Museveni. Authorities said, Joseph Kasumba, a resident of Kanoni Town, abused Mr Museveni, calling him names, including Bosco. Gomba District Police Commander, Robert Kuzaara, at the time said Mr Kasumba would be charged with alleged alarming, annoying and ridiculing the person of the President contrary to the Penal Code Act.
9. November 2017: Five directors and three editors of the Red Pepper publications were charged with seven counts, including offenses under the Computer Misuse Act 2011. The accused were Arinaitwe Rugyendo, Richard Kintu, James Mujuni, Patrick Mugumya, Richard Tusiime, Johnson Musinguzi alias Byarabaha, Ben Byarabaha, and Francis Tumusiime. They were charged with, among other things, injuring the reputation of President Museveni, disturbing the peace of his younger brother, Gen Salim Saleh and the then Security minister, Gen Henry Tumukunde.
In 2016: self- centred Dr Stell Nyanzi was arrested after she published a post on her Facebook page describing President Museveni as “a pair of buttocks”. She was arrested again on November 2, 2018. In both instances, she is facing charges relating to offensive communication and cyber harassment.
10. December, 2017: Music producer Jonah Muhanguzi and artiste David Mugema were arrested and locked up in prison for allegedly insulting President Museveni. The prosecution alleged that Mr Mugema and Mr Muwanguzi repeatedly composed, recorded, produced and distributed a song in which they attacked and disturbed the peace of President Museveni. The DPP discontinued charges of offensive communication against the duo. Mr Muwanguzi was also independently charged with abetment of offensive communication.
11. Security detectives arrested Moses Nsubuga, alias Viboyo, a local musician for composing a song in which he allegedly used obscene words to attack government leaders, including President Museveni and Speaker of Parliament Rebecca Kadaga. Viboyo was detained at Jinja Road Police Station on charges of offensive communication.
12. December 2016: Swaibu Nsamba Gwogyolonga was arrested on charges of offensive communication against President Museveni. Trouble for Nsamba stemmed from his Facebook post expressing how he would announce and mourn the death of President Museveni when he died. The post was accompanied with a photoshopped picture of Mr Museveni and how he would look after his demise. Mr Nsamba said the charges against him infringe on his freedom of expression. He is one of the petitioners in the Constitutional Court and his trial was stayed pending determination by the Constitutional Court in that hearing.
13. June 2015: Robert Shaka was arrested and remanded to Luzira Prison after being charged with offensive communication contrary to Section 25 of Computer Misuse Act. According to the charge sheet, the State alleged that Mr Shaka, disguising as Tom Voltaire Okwalinga (TVO), between 2011 and 2015, in Kampala, wilfully and repeatedly using a computer with no purpose of legitimate communication, disturbed the right to privacy of President Museveni by posting statements regarding his health condition on Facebook.
14. October 31, 2018: Ms Susan Namata spent two months in police custody before she was presented before Buganda Road Magistrates Court on October 31, 2018. Ms Namata and her friend allegedly recorded a video threatening to hit President Museveni with their genitals. Ms Namata was charged with the offense of offensive communication and cyber harassment towards the person of the President. She was remanded, but later granted bail. Her friend, who is said to be out of the country, remains on the run.
15. July, 2018: Mr Mulangira Hope Kaweesa was arrested on charges of offensive communication after he allegedly circulated an audio threatening to harm President Museveni.
Banyankole have a proverb: “Eibega tirikiira Mutwe,” literally meaning that a shoulder can never be equal to a head. This proverb is told to person in lower levels to preserve respect to those in upper levels who possess more than they do.
Do you still feel offending the President or any big fish in the government? The article above should entirely make you THINK TWICE before you act on your idea. Mwenye Macho Tazama!
