By BRENDA NANYUNJA

 

On Tuesday, May 15, 2018, David Chandi Jamwa, the former National Social Security Fund (NSSF) Managing Director, was released on bail by the Supreme Court of Uganda, Kampala.  Jamwa is facing charges of corruption: cause of financial loss contrary to Section 20 of the Anti-Corruption Act.  He was charged in the Anti-Corruption Division of the High Court and was sentenced to twelve years in jail.  He appealed the decision in the Court of Appeal and also applied for bail.  The bail was granted but he was re-incarcerated upon losing his appeal early in 2018.  Jamwa then appealed to the Supreme Court and also applied for bail.  It was granted.  To some, How can a man who has been convicted by the High Court and had his conviction confirmed by the Court of Appeal be set free on bail?

 

What is Bail Pending Appeal?

 

Bail is provided for under Article 23(6) of the Constitution of the Republic of Uganda.  Mr. Jamwa’s release is a rather interesting phenomenon because it exemplifies the legal concept of “bail pending appeal.”  His High Court conviction was upheld by the Court of Appeal, which saw his bail lifted.  Bail pending appeal is a legal process under Sections 132(4) of the Trial on Indictments Act and 40(2) of the Criminal Procedure Code where the appellate court has a mandate to grant a convict bail so long as the penalty being appealed is not a death sentence. This concept differs from “normal” bail, because “normally”, a bail applicant has not yet been declared guilty.  Whilst for bail pending appeal, the applicant has already been declared guilty.

The theoretical basis for the concept of bail is that the applicant is the only person capable of preparing their own defence and, of course, is believed to be innocent until proven guilty.  However, upon conviction, the presumption of innocence ceases. The Court in Arvind Patel vs Uganda S.C.C. Application N0. of 2003, laid down the legal framework for deciding whether or not an applicant is entitled to bail pending appeal.  The Court must scrutinize the character of the applicant; ask whether he or she is a first offender; ask whether the offence in question occasioned personal violence; measure the absence of frivolity and the reasonable possibility of success; and estimate the time the determination of the appeal is likely to take. A combination of at least two of these criteria may suffice to serve as a grounds for granting bail pending appeal.

 

Government is proposing a new tax on mobile money transactions. According to the tax proposals contained in the Excise Duty (Amendment) Act 2018, “A tax of 1 per cent of the value of the transaction will apply on mobile money transactions on receiving money, making payments and withdrawals of money”.
If this proposed new tax is passed law by Parliament, it will mean that with effect from 1 July 2018, government will take 1 per cent of the value of your money every time you use your mobile money account.
This means that when you receive money in your mobile money account, government will tax 1 per cent of it.
When you deposit money on your mobile money account government will take 1 per cent of it.

What 1% new tax on mobile money transactions means

When you withdraw the same money from your mobile money account, government will again take another 1 per cent of the same money.
This tax will always apply every time you use your mobile money account whether you are paying your child’s school fees, paying your Yaka bills, or sending money to pay your parent’s medical bills in the village.

Today Uganda joins the whole world to celebrate World Intellectual Property Day – April 26, 2018. According to the Director Intellectual Property at Uganda Registration Services Bureau Mercy K. Kainobwisho, “The Theme for this year is – Powering Change: Women in Innovation and Creativity.” She said “The National Intellectual Property Office is hosting close to 300 women in National Summit on Women in Intellectual Property today. URSB recognizes the role of women in creativity and innovation, women in all sectors of life, women leaders, women influencers and innovators”.

Ms. Mercy Kyomugasho Kainobwisho, DIRECTOR INTELLECTUAL PROPERTY, URSB

Mercy K. Kainobwisho further said “Every April 26, we celebrate World Intellectual Property Day to learn about the role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in encouraging innovation and creativity”. “This year’s World Intellectual Property Day campaign celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future”. 

Ibanda-Nahamya was Judge of the High Court, with her immediate past posting at the International Crimes Division. Justice Elizabeth Ibanda-Nahamya. Photo/File

Justice Elizabeth Ibanda-Nahamya. Photo/File

United Nations Secretary General António Guterres has appointed Justice Elizabeth Ibanda-Nahamya as Judge of the Mechanism for International Criminal Tribunals (MICT). According to press statement from the court dated March 27, 2018, the appointment is effective March 22. Guterres made the appointment following the resignation of Judge Solomy Balungi Bossa, who was recently elected to the International Criminal Court. Ibanda-Nahamya was Judge of the High Court, with her immediate past posting at the International Crimes Division.