Lukwago turns heat on councillors, Musisi.....CHUCK NORRIS BAMUNYWESEZA AMAZZI !!!! Heated: Kampala Executive Director, Jennifer Musisi helps herself with a water during the cross-examination The tribunal investigating Kampala Lord Mayor Erias Lukwago’s official conduct on Wednesday heard that the very reasons the petitioning councillors gave for the removal of Lukwago from office were similar to those they gave earlier to demand the removal of Jennifer Semakula Musisi, the KCCA executive director. Lukwago is accused of abuse of office, incompetence, failure to convene council meetings and use of abusive of language. The tribunal led by Justice Catherine Bamugemereire also watched video footage of most petitioning councillors submitting that Musisi and her directors should be removed for failing to implement council resolutions and shunning authority meetings. Siraje Lubwama and Derrick Kiyonga recorded the proceedings that began at 10am and below are the excerpts: Rutaro: (Tribunal lead counsel) My lord and members of the tribunal, today the tribunal is proceeding to cross examine some of the petitioners and technical witnesses. I would like the defence team to introduce themselves first. Katuntu: My lord, seniority demands that I introduce my colleagues. I’m Abdu Katuntu the lead counsel for the respondent. On the side of the petitioners we have counsels Kiryowa Kiwanuka, Obama Ssebuufu and T. Ocaya. The respondent is also represented by Medard Sseggona, Chrysostom Katumba, Abdallah Kiwanuka, Jude Mbabaali, Sam Muyizzi, Julius Galisonga and Richard Lumu. We’re ready to proceed. The lord mayor is in the building trying to sort out the logistics of the application we’re about to make. We agreed to cross examine the witnesses and we’re going to make reference to one authority meeting which the petitioners attended and participated in. We apply to the tribunal to allow us screen proceedings of the meeting on a projector. Katuntu: The lord mayor brought the video on a CD to his legal team on Tuesday and we had an opportunity to watch it. Bamugemereire: Do you know where it was recorded and who recorded it? How long is it? Katuntu: The lord mayor knows the source but the video is at most 10 minutes. Bamugemereire: I can see that among the witnesses here is the executive director. In my view we can start. Katuntu: We wanted to watch the video first because some of the questions are connected to it and for that matter I request that all witnesses remain in the inquiry room to watch it such that when we ask questions relating to the same, they can follow. Kiryowa: I have no problem with other technical witnesses but my clients who are the petitioners should be allowed to be in the room throughout the proceedings. Oryem: (Alfred, one of the commissioners) We know there is room for electronic evidence. If you want to cross examine using the video and the video is not here right now, we can proceed and when it is ready for viewing, we can watch it. Bamugemereire: And if you intend to tender it as evidence, then we may need the author. Sseggona: We will decide whether to tender it in at the opportune time. Rutaro: The first witness today to be cross examined is the executive director Mrs Jennifer Musisi. Katuntu: We have already intimated that I have not gone through all the 100-page testimony of Jennifer Musisi and the forest of exhibits therein. We intended to cross examine her last. But I’m ready to go through her remaining testimony before lunch break and we examine her in the afternoon. Oryem: Enjoy the services of the eight lawyers around you and make use of them to help you go through those records. Katuntu: What it means to be a lead counsel, you need to be conversant with everything. My team is doing a great job but as lead counsel I take full responsibility. Bamugemereire: We will ask the executive director to come back at lunch time. If that is useful, we shall go by your situation. Rutaro: The lord mayor is outside. He came in with five individuals who were suspicious to police and can’t come in and the lord mayor is insisting he needs them. I told Afande [Andrew Felix] Kaweesi [Kampala metropolitan police chief] that I’m going to communicate this to the tribunal. Katuntu: There is a note here which has just been sent (reads it). Three of the lord mayor’s aides have been detained in a police van and one of them is his driver. I want to object to the tribunal. I saw the executive director walking in with several aides. To deny the lord mayor of this city his aides who would help him and give him guidance shows a deliberate effort to deny him fair treatment and it is a circus of some sort. Police is being used to deny the lord mayor fair justice. Bamugemereire: You have made a point. However, we should not reduce the tribunal to a political rally. I’m not saying that you can’t fish, but we can’t solve everything outside the tribunal. This tribunal is not a circus as you have said for if at all it is a circus, I imagine what we’re doing here. Katuntu: I’m not talking about the tribunal being a circus but police behaviour. You ordered police to give the lord mayor safe passage. Kiryowa: The executive director came in her technical capacity but my clients have no aides. It is prudent to find out why the lord mayor’s aides are stopped. What if the aides were criminals? Let’s go with the matter before us. Oryem: You said you’re able to cross examine witnesses with or without the lord mayor’s presence. Since the lord mayor is not under arrest, he is free to come with or without the aides, is that correct? Katuntu: My lord I heard it from you that the guiding principle is fairness. It is prudent for a lead counsel to mention a problem. The tribunal can ignore the concern and we proceed but I’m bringing out the predicament of my client. First of all, this is a state tribunal set up by a minister. We’re ready to proceed. I hope my concerns have been captured. Bamugemereire: Inquiries can be made why the lord mayor’s aides are being arrested, let’s proceed. (Rutaro calls Tumushabe to take a stand). Bamugemereire: (to witness) You’re reminded that you are recalled for cross examination and you are still under oath on which you swore to tell the truth. Katuntu: I will leave Sseggona to cross examine the witness and I will ask summing up questions as a lead counsel. Sseggona: How old are you, Tumushabe? Tumushabe: I’m fine (bout of laughter). Sseggona: How old are you? Tumushabe: I’m 48. Sseggona: Did you sign the petition? Tumushabe: Yes I did. Sseggona: Where did you sign the petition from? Tumushabe: From Metropole hotel, no from KCCA Standing committee room. Sseggona: As petitioner number what? Tumushabe. No. 6, no No.7. Oryem: Where was the petition drafted from? Tumushabe: From a Standing committee room. Sseggona: Who drafted it? Tumushabe: Councillor Bruhan Byaruhanga and a combination of other members. Sseggona: What were the grounds? Tumushabe: Abuse of office, incompetence, misconduct, misbehaviour and failing to convene authority meetings. Sseggona: How many meetings have you attended so far? Tumushabe: Many but most of them special meetings. Sseggona: Is your grievance that he (Mayor) never convened meetings? Tumushabe: He used to convene special meetings which are not allowed unless there is a special issue. Sseggona: Who determines special issues? Tumushabe: Special meetings do not have an agenda. Sseggona: Is it in the law? Tumushabe: You check the fourth schedule of the KCCA Act. Sseggona: And you agree it is the lord mayor who determines the issue? Tumushabe: Yes. Sseggona: What meetings are you accusing him of not convening? Tumushabe: Ordinary meetings. My complaint is his failure to convene an ordinary meeting in every three months. Sseggona: Has the lord mayor ever convened any ordinary meeting? Tumushabe: There are two, one on 19th October 2011 and another in June 2012 and I attended both but minutes of those meetings have never been signed. Sseggona: We will get to the signing. How many meetings has he convened since you were sworn in. Tumushabe: You can check. Sseggona: No, I don’t give evidence, give evidence. Tumushabe: They are 19 and he did not give notice. Bamugemereire: Transcribers request that both the lawyer and witness go slow. Sseggona: Is it your evidence that the lord mayor has never convened any of the three meetings you petitioned for? Tumushabe: He has never. Sseggona: Is it true that you have never boycotted any meetings? Tumushabe: I have never boycotted, I’m not aware. Sseggona: Among the grounds, where does failing to convene the meeting fall? Tumushabe: Incompetence. Sseggona: Have you ever contributed in these meetings? Tumushabe: I don’t know whether my contribution was recorded because I’m not the clerk. Sseggona: (Gives witness documents concerning ordinary authority notice meetings dated 18th May 2012 and 17th June 2012 who reads them loud). Did you attend the meeting of 17th June, 2012? Tumushabe: I attended. Sseggona: Here is another notice dated 17th May 2012 and the meeting was for 28th May. How many meetings are those? Tumushabe: Let me guide you also. Sseggona: Don’t guide me. Tumushabe: These were resumed meetings. Sseggona: Did you sign your attendance of these meetings you refer to as resumed and also get allowance for each. Tumushabe: We don’t get allowance for resumed meetings. Sseggona: And if I bring evidence that you signed three times and got allowances three times? Tumushabe: I got the allowance of one sitting. Sseggona: We will get there. Read this notice dated 7th May 2012 and the meeting was scheduled for 6th June 2012 (reads). Did it take place? Tumushabe: No, it was postponed to 13th June 2012. Sseggona: Why was it postponed? Tumushabe: I don’t recall but lord mayor postponed that meeting. Sseggona: Are special meetings called to take tea and get allowances? Tumushabe: With that I can’t attend. Sseggona: What is your level of education? Tumushabe: I’m not going to answer that; I’m not looking for a job; I’m not looking for an application. Oryem: If you have not understood the question say so. Sseggona: Are there special meetings which you did not attend because there was no agenda? Tumushabe: I don’t remember. Sseggona: I thought those were the reasons you wanted the lord mayor removed from office. Tumushabe: I don’t remember. They were too many and I didn’t attend some. Sseggona: But you were elected to deliberate, who determines special meetings? Tumushabe: We also can determine. Sseggona: Who determines other than the one you petition against? Tumushabe: It is the lord mayor. Sseggona: Why did you opt not to attend and challenge him on the floor? Tumushabe: The executive director advised us that the meetings were illegal. Bamugemereire: On that note, we shall take a 15 minute break. Bamugemereire: (after the break) We had 45 minutes which we extended to one hour, you now have 15 minutes remaining. (A video is screened showing part of the authority meeting. Before the meeting, KCCA staff and some councillors are seen sweeping and cleaning the meeting room and Bamugemereire asks whether that also is part of the evidence to which Sseggona nods in approval. The footage shows petitioning councillors deliberating on the executive directors ‘incompetence’.) Oryem: Honourable, I think that sound wasn’t very good. I am at the farthest end of the speakers. I heard something about the meeting, the deputy lord mayor, I don’t have anything else. Bumugemereire: Continue with cross examination. You’re reminded that you have your 15 minutes. Sseggona: (to witness) Look at these two documents and confirm the dates. Tumushabe: The one dated 3rd October 2011 is a notice of the ordinary meeting to be held on 18th October 2011 (reads out the agenda before reading other notices of special meetings of 2nd June, 13th June, 21st June, 23rd August and 14th September). Sseggona: Did you attend those meetings? Tumushabe: I don’t recall. Sseggona: When do you choose to remember or to forget? Tumushabe: My counsel can give you the documents (Reads a notice of 22nd and 23rd November 2012, and the one of 26th September 2011). Sseggona: In earlier special meeting of 22nd November which you read, did you attend? Tumushabe: I attended. Sseggona: How many items were on the agenda? Tumushabe: They were eleven items. Sseggona: When the executive director advised you against attending? Tumushabe: I have remembered, I did not attend that one. I was in a workshop at Jinja organised by the World Bank. Sseggona: Did you bring it to the attention of the lord mayor that you were meant to be away? Tumushabe: No because he was aware of it. Sseggona: What did the lord mayor do in the abuse of office? Tumushabe: By not calling ordinary meetings to sign the minutes. Since the rest were special meetings, you cannot sign minutes. Sseggona: What items are supposed to be discussed in special meetings? Tumushabe: Emergencies like floods. Sseggona: What is KCCA’s annual budget of 2012/2013 financial year? Tumushabe: I don’t know. Sseggona: What was your budget in 2011/2012? Tumushabe: I don’t know, it is a long time. Sseggona: Do you know the money you collected in 2011/2012? Tumushabe: I don’t remember. Sseggona: Tell us about the people you say in your testimony that they were killed at the lord mayor’s incitement. Tumushabe: Did I say that? Sseggona: Yes you did, read the second paragraph on page 205 of the proceedings (reads). Okay, tell us who were killed among the tax collectors? Oryem: The statement says “I came to know of the death” not “people who died”. Tumushabe: I came to know of some tax collectors’ death. Sseggona: To that point nobody died? Tumushabe: Nobody died but they were beaten to death (laughter in inquiry room). Sseggona: Where did they go? Tumushabe: They are still working. Sseggona: The people who were beaten to death are still working? Tumushabe: I don’t know (more laughter). Sseggona: Since nobody died, how much money did KCCA lose in this exercise where tax collectors were beaten? Tumushabe: Executive director told us there was a significant loss. Sseggona: You talk about lord mayor holding rallies, how do you know he was inciting people? Did you attend any of the lord mayor’s rallies? Tumushabe: How did Ariong die? [Assistant Inspector of Police Moses Ariong was stoned to death in March 2012 during a fracas between the police and opposition demonstrators] Bamugemereire: Restrict yourself to answering questions, not asking questions. Tumushabe: I have never attended any of the lord mayor’s rallies. I was going in town and I saw him holding a rally at Arua park and Mini price and I saw somebody killed but I did not see the person who killed him. He had invited us but I did not want to be where Dr (Kizza) Besigye is because wherever he is, there is tear gas, I ran away. Sseggona: Did you hear what Lukwago said? Tumushabe: I didn’t. Sseggona: And you concluded that he incited violence? Tumushabe: There was tear gas. Sseggona: Lukwago carries tear gas? Tumushabe: I saw him talking but did not hear what he was saying. Bamugemereire: Your time is out, what can I do with you? Sseggona: I beg for 10 minutes. Bamugemereire: Work within that time. Sseggona: Did you know of an authority meeting that sat and resolved to refer the executive director to the appointing authority? Tumushabe: I participated but was not part of the resolution. Sseggona: I commend you, do you remember how many people suggested that resolution? Tumushabe: But that day I was not there, I heard of it from fellow councillors. Sseggona: Tell us a few councillors who told you. Tumushabe: I have not said any name. Oryem: Tell us a few names. Tumushabe: Councillor Madina, I was not interested. Sseggona: There was a meeting on 29th November 2012 petitioned by councillors. Did you attend it? Tumushabe: Let me first check. Bamugemereire: Counsel, in my life I know of a few professionals like policemen who keep diaries. In order not to take much time, rephrase and simplify the question. Sseggona: Did you petition for the meeting of 29th November 2012? Tumushabe: Yes, but it was not held. Sseggona: I will surprise you on that but let’s go to another question. How many ordinary meetings were called? Tumushabe: They were two one on 18th November 2011 and other on 13th June, 2011 resumed. Sseggona: Look at that November 11, 2011 notice of a special meeting. Actually you petitioned for it and it was held on 29th November 2011, confirm. Tumushabe: There is a provision in the 4th schedule for councillors to petition for special meetings. Sseggona: Confirm, who do you represent? Tumushabe: Makerere University. Sseggona: And you reside in the university? Tumushabe: I’m not an employee of Makerere, but a housewife to somebody employed there. Sseggona: Before becoming a councillor, what were you doing? Tumushabe: That one I’m not going to answer. Bamugemereire: Please, answer all questions. Tumushabe: I’m a housewife, I was at home. Sseggona: Were you present when the lord mayor dispersed a court session at city hall? Tumushabe: Was present. Bamugemereire: How many people do you represent? Tumushabe: I don’t know, I think about 5,000. Sseggona: Did all meetings where notice was given take place? Tumushabe: No. Sseggona: When will I have a good record of those that took place? Tumushabe: Those that have recorded minutes. Bamugemereire: When we return at 2:30pm, we shall have cross examination of the executive director. (Time check 1:30pm). Rutaro: (It is 2:50pm and the lord mayor is also present in the room and so is ED) My lord I am Daniel Rutaro assisted by counsel Titus Kamya. The respondent is continuing with cross examining witnesses. Katuntu: With the advice from the tribunal, I took leave this morning to go through the testimony of the witness we would like to cross examine. It is more less 100 pages. Her statement and annexure are about 300 pages. To make head and tail of it has not been easy but we have made some progress of course and we’re ready to start cross examination. Bamugemereire: Thank you counsel, I do note that there is a slight addition. I propose that your client sits close to you for the tribunal to have eye contact whether he approves or not. (Lukwago changes seat). That is better. Katuntu: We overshot time by one witness. We need to limit ourselves within the time. She is an important witness. We might even sacrifice some other witnesses. Bamugemereire: Can we have the witness? (Musisi takes the stand as KCCA Director legal Charles Ouma gives her a big suit case as her aides and security detail take positions in the already filled room) This is a reminder that you’re recalled and are still on oath. Katuntu: Ms Jennifer Musisi executive director Kampala City Council. Is that your proper description? Musisi: No, it is not. My name is Jennifer Semakula Musisi, executive director Kampala Capital City Authority. Katuntu: Okay, I refer you to your letter to minister Frank Tumwebaze whose subject is referring the executive director to the president for disciplinary action. May you confirm that actually this is your signature? Musisi: Can I first read the letter? Katuntu: Okay (reads quietly). Musisi: It is my letter dated 2nd November 2012, and the signature is mine too. Katuntu: May you read the details of that letter which talk about your misconduct and incompetence, and those of other directors? (She reads). Katuntu: Did any of your staff attend the authority meeting of 2nd November 2012. Musisi: I did not attend the meeting. I got a report that some staff attended, I do not recall who. Katuntu: Can you tell the tribunal the attendance of the meeting? Musisi: I can’t because I have no record. Katuntu: All the records are here. Oryem: What was the question? Katuntu: Who attended that meeting that resolved to refer the executive director to president for disciplinary action? Rutaro: There is an attendance register dated 2nd November, 2012 (gives it to Musisi). Katuntu: Yes, can you read out the names? (reads with no name of any technical staff). Katuntu: Is it true that all petitioners are part of the meeting that resolved as stated in your letter? Musisi: It appears. Katuntu: Is it true councillors resolved to have you disciplined for indiscipline, insubordination, impunity, misconduct and absconding from authority meetings? Were they right that you’re guilty of lack of respect, insubordination, absconding from meetings – the same charges they prefer against the lord mayor? Were they right in your case or not? Musisi: They were wrong in absence of evidence. Katuntu: They accused you falsely? Musisi: I can’t say that, they would have a basis. Katuntu: The tribunal wants the truth that is why I ask straightforward questions which require straight answers. Musisi: In the absence of evidence, they were wrong. Katuntu: So, accusing the lord mayor would not be the first time. They accused you before together with your directors of incompetence, misconduct and absconding meetings and there was no evidence. Musisi: True.
Posted on: Fri, 26 Jul 2013 17:48:21 +0000
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