Day

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In Kampala
Keith Muhakanizi, the Permanent Secretary, Ministry of Finance, Economic Planning and Development said that Uganda needs to progressively reduce on the tax exemptions given to different sectors so as to be able to collect more revenue domestically.
He said that everyone should pay taxes including all politicians and religious leaders for Uganda to be able to tax above 15% of her Gross Domestic Product (GDP).
The permanent secretary explained that Uganda’s biggest problem is the contradictions of political systems. He noted that for enough taxes to be collected, everybody must be taxed regardless of the political consequences.
Muhakanizi’s reaction comes at a time when different media houses reported that URA was to tax religious books. According to the report, URA is holding onto a consignment of bibles that were imported from neighboring Kenya and has since declined to release them pending a VAT tax.
The Archbishop of the Church of Uganda His Eminence Stanely Ntagali’s pleas to have the shipment released tax free fell on deaf ears of the tax body.
Amid growing protest on social media over taxing religious material, the Commissioner General, Uganda Revenue Authority Mrs Doris Akol came out dismissing the news as ‘fake news’.

Source: www.mknewslink.com a greater western Uganda news website
Email: wmuhwezi75@gmail.com
Tel: +256702680106

By Ayebazibwe Edigar
Student Bachelor of Laws,
Uganda Christian University, Mukono
Parliament approved a recommendation by the Legal and Parliamentary Affairs Committee calling for the scrapping of pre-entry exams at LDC to increase the legal practice services in the country, that means that entrants to the Law Development Centre (LDC) will not be subjected to pre-entry exams if a resolution made by Parliament is to be implemented.Government should abolish the pre-entry exams policy at LDC to increase access to legal services in the country,” the report recommended at page 4.
The resolution of parliament cannot vary a statutory instrument which has force of law. The law council established under section 2 of the Advocates Act administers the Pre-entry exam through the Committee on Legal Education and Training whose mandate is established under section 6A of the Advocates (Amendment) Act, 2002.
The committee is mandated among others to prescribe the professional requirements for admission to the post-graduate Bar Course and qualifications necessary for eligibility for enrolment as an advocate according to section 6(1) (c) of Advocates (Amendment) Act, 2000.With this authority the law council enacted the Advocates (Professional Requirement for Admission to Post Graduate Bar course) (Amendment) Notice which came into force on 17th June 2010. This made pre – entry exam a mandatory prerequisite for a law graduate to acquire a post graduate Diploma which is part of the professional skill and experience before one enrolls as an advocate in Uganda.
Whereas power to make law is a reserve of parliament under Article 79(1) of the constitution of Uganda, parliament may delegate such power to an institution or person of authority, parliament cannot by resolution nullify Advocates (Professional Requirement for Admission to Post Graduate Bar course) (Amendment) Notice. Such kinds of legislation are provided within the law to enable Government to make a small change to the law without having to introduce an entirely new Bill to Parliament.
For parliament to revoke such law-making power, it has to introduce an amendment to the principle legislation, which would require the mandatory procedures for enacting an Act of parliament. In the case of Twinobusingye severino v Atttorney General constitutional Petition 41 of 2011, constitutional Court held that recommendations of parliament are merely advisory and are not mandatory to government. In Picture Houses Ltd Vs Wednesbury Corporation [1948]1KB 223, at 229, where Greene MR. stated: “If any authority misdirects itself in law, or acts arbitrarily on the basis of considerations which lie outside statutory powers, or unreasonably that its decisions cannot be justified by any objective standard of reasonableness, then it is the duty and function of the courts to pronounce that such decisions are invalid and when these are challenged by any one aggrieved by them and who has the necessary locus standi to do so” .
Therefore, the understanding is that the Legal and Parliamentary Affairs which is established by Rule 175(2)(g) of the Rules of Procedure of parliament cannot approve a resolution to override a legal notice even if such recommendation has been unanimously agreed to by parliament. Such recommendation remains persuasive to the Law Council through the Committee of Legal education and training.
The only way parliament can have its resolution binding is amending section 6(1)(c) Advocates (Amendment) Act, 2000 to forbid the pre-entry exam to the bar course but not a mere resolution. In June 2017, Ghana’s Supreme Court ruled that it is unconstitutional for the General Legal Council to make it mandatory for LLB holders to write entry examinations as well as pass an interview before they are admitted to pursue their professional careers in law, court reached the unanimous decision in an application brought before it by US-based law Professor Kwaku Asare in the case of Prof Stephen Asare v Attorney-General & General Legal Council ACCRA – A.D. 2015
He was challenging the mode of admission of law students into the Ghana School of Law, the constitutionality of the General Legal Council’s imposition of new admission requirements for the professional course and also the constitutionality of the General Legal Council’s policy on reviewing examination scripts and quota admissions system. It also edged the GLC to introduce a quota system for the admission of students by accredited law school faculties to present the huge numbers of LLB holders who get turned out from the faculties.Therefore, the parliament of Uganda cannot by resolution render a statutory instrument void unless it is either done by a competent court or parliament enacts an amendment to the same provision.

Source: www.mknewslink.com a greater western Uganda news website
Email: wmuhwezi75@gmail.com
Tel: +256702680106

By Sylvia Kugonza
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In Kabarole
Kabarole district leaders are irked by the rampant cattle theft that has caused insecurity thus hampering development in the district.
Asiimwe Stephen the Kabarole Resident District Commissioner, attributed the rampant cattle theft to insecurity and veterinary officers and extension workers who offer fake travel permits to allow movement of cows.
He added that nine people in connection with armed robbery have been detained waiting to appear before court.
The RDC however appealed to the public to remain vigilant and impound any cows moved beyond 6:00pm and in case of any suspicion report to authorities.
Mrs Balinda Gertrude the councilor Busoro sub county said that cattle thieves connive with butchers. She also noted that police release suspects before investigations are complete.
Asiimwe Edward councilor, Hakibaale observed the need of rearming the home guards since the issue of cattle theft has become serious.
The district chairperson Mr.Rwabuhinga Richard directed the LC1 and LC3 chairpersons to revive the “Manyumba Kumi “ (Ten Houses) security arrangements and encourage residents to blow whistles whenever thieves are cited in the area.
On 1st April 2018, 11 cows were impounded being moved from Kyenjojo but with permits offered by Kicwamba sub county veterinary officer and the Municipal veterinary officer who had been interdicted for issuing forged travel permits of cows.

Source: www.mknewslink.com a greater western Uganda news website
Email: wmuhwezi75@gmail.com
Tel: +256702680106

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In Kampala
Religious clerics across different faith groups have expressed their concern and dissatisfaction following an order by the Uganda Revenue Authority (URA) to start paying taxes on Bibles, Qur’ans, prayer and hymn books.
In a letter dated 19th April 2018, the URA commissioner general, Ms Doris Akol termed the practice of not taxing religious entities and materials as an ‘anomaly’.
The Uganda Revenue Authority (URA) has ordered religious groups to start paying taxes on Bibles, Korans, prayer and hymn books.
Clerics across faith groups yesterday reacted to the proposal with consternation and disbelief, insisting the religious materials should be tax-exempt since they use them for “spiritual nourishment” of Ugandans.

However, the URA commissioner general, Ms Doris Akol, disagreed, saying the practice of not taxing the entities and materials was in the first place ‘an anomaly’. “We understand that Value-Added Tax (VAT) has in the past not been paid on the said Bibles, prayer books and hymn books. This was an anomaly,” she wrote.
Ms Akol was responding to a petition a month earlier by the Church of Uganda Archbishop Stanley Ntagali.
The prelate had asked the tax man to release a consignment of 9,120 prayer and hymn books imported from Nairobi, Kenya, without the church having to pay VAT.
In his March 18 letter, Archbishop Ntagali noted that items had been shipped in by Centenary Publishing House Limited, Church of Uganda’s (CoU) publishing arm, which in his view should be tax-exempt.

However Ms Akol said she had no power to waive a tax not excluded under the law and, as such, URA released the consignment only after CoU paid Shs8.9m.
Mr Joshua Kitakule, the secretary general of the Inter-Religious Council of Uganda, an umbrella body of different faiths, yesterday said whereas religions should not entirely be tax-exempt, imposing 18 per cent VAT on Bibles, Korans and prayer books would be “erroneous”.
Mr Ramathan Mugalu, the secretary general of the Uganda Muslim Supreme Council, said that President Museveni had said all imported prayer materials that are not for sale should not be taxed.

The government has also proposed to impose new taxes, including on social media users in the next Financial Year as Uganda struggles to wean itself off donors.

Source: www.mknewslink.com a greater western Uganda news website
Email: wmuhwezi75@gmail.com
Tel: +256702680106

By Sylvia Kugonza
www.mknewslink.com
In Fort portal
Police in Fort portal arrested and detained five district councilors and one local resident over holding illegal demonstration.
The arrested include; Jorum Bintamanya district councilor representing South division Fort portal municipality, Peter Bazira Kichwamba Sub County, Female district councilor Kichwamba Edina Mukarwiza, Karibata Francis elderly councilor Busoro Sub County, Anthon Kasaija Bazar Ward South division and one only identified as Philip a local resident.
According to Musa Tibakirana the DPC Fort portal police, the suspects during the weekend went on Radios and social media mobilizing people including CSOs, civil servants and the media to stage a demonstration at Fort portal Regional Referral hospital over poor administration of the hospital director.
Tibakirana explained that the councilors did not inform the police about the demonstration that he termed as Illegal demonstration.
They were arrested from the hospital premises on 14th May 2018 afternoon as they tried to mobilize some patients to join them.
The councilors accuse the hospital administrator Dr. Tugumisirize Florence of her bad leadership leading to poor services at the facility which led to over 30 maternal deaths last year.
The most alleged affected departments are children’s ward, Maternity and the outpatient department.
However, Dr. Tugumisirize attributed the deaths to expectant mother who visit the facility at a late stage.

Source: www.mknewslink.com a greater western Uganda news website
Email: wmuhwezi75@gmail.com
Tel: +256702680106