Objection my Lord: legal practice demystified

Having received a brief of the client’s case, and identified legal issues. You should develop a Checklist to enable you pick necessary legal information you would need to advise the client and also in case of court action, sufficient information to support the action and also the mode of Commencement. In developing one you can be guided by the Substantive legislation on the matter, case law and even the CPR for example Check list No Standard template Make sure it covers the details of the workshop question There and general things in the personal details 0.7. 1 is also a guiding factor

Media Law and Policy in Uganda: an appraisal on legal and policy issues in journalism in Uganda

The word "media" is adopted from the plural of the Latin word "medium". To mean news, entertainment, education, data and promotional messages are sent world-wide through this type of communication channels. Every broadcasting medium like newspapers, magazines, TV, radio, billboards, direct mail, telephone, fax and internet are part of what is the media. In Uganda a system of customary law applied in Uganda prior to Britain declaring it a protectorate in 1884 and establishing colonial administrative law throughout the territory. In Buganda, largest of the traditional kingdoms in present-day Uganda, the kabaka (king) appointed a trusted official, the katikkiro, to be in charge of the kingdoms administrative and judicial systems. The country was never fully colonized as non-Africans were not allowed to acquire freeholds. Following the rise of African nationalism, a constitutional monarchy with a government based on the British model was implemented in 1955, and in 1957 political parties emerged and direct elections were held. Uganda became an independent commonwealth nation on 9th October 1962 with Milton Obote as prime minister. Within four years, however, Obote abrogated this constitution and declared himself president under an interim constitution. Following an attempt on his life in 1969, Obote banned opposition political parties, leaving himself the country de facto absolute ruler. Less than two years later, on 25th January 1971, Obote was ousted in a military coup led by armed forces commander Idi Amin Dada. Amin declared himself president, dissolved parliament and amended the constitution to give himself absolute power. The subsequent eight years proved a reign of terror marked by political repression, ethic persecution, gross human rights abuses (including extra judicial killings) nepotism, corruption and economic mismanagement. Obote was given sanctuary by Tanzanian leader Julius Nyerere, and was joined by some 20,000 followers. A year later, a group of these exiles attempted, unsuccessfully, to invade Uganda and remove Amin, who blamed Nyerere for backing and arming his enemies. Relations between the two states remained strained for many years. By 1977, the Uganda economy was floundering as was Amin’s hold on power. In an attempt to bolster his position, Amin ordered troops to attack Ugandan exiles in the Kagera salient, a narrow strip of Tanzania that juts north past Rwanda and Burundi and forms part of the southern border of Uganda. On 21 January 1979, Nyerere ordered a Tanzanian invasion of Uganda. By early April, Tanzanian forces had captured the capital, Kampala and Amin had fled the country. Tanzanian troops then spread throughout Uganda to maintain law and order during preparations for elections. As there was no potential successor who enjoyed national support, Obote was returned to the presidency in December 1980, but his government struggled to suppress opposition. In 1985, Obote was ousted in another military coup, this time led by Brigadier General Tito Okello, who ruled for six months before being deposed by the rebel National Resistance Army led by Yoweri Museveni, who was installed as president. Following promulgation of a new constitution in October 1995, Museveni won Uganda’s first ever direct presidential election. In a referendum in July 2005, 92.5% supported restoring multiparty politics. The following month, parliament voted to change the constitution to allow Museveni to run for more than two terms. He is now in his fifth five-year term of office, opposition leaders claimed, however, that the 2016 election was marred by voter intimidation, arrests of opposition leaders and other irregularities. The Museveni years have proved a period of relative political and economic stability. Gross domestic product (GDP) in Uganda was worth US$26.37 billion in 2015, with GDP per capita ranking 37th of 53 African nations.16 While Uganda surpassed the millennium Development Goals target of halving poverty by 2015, and made significant progress in reducing hunger and empowering women, a large proportion of its current (2016) population of 37.8 million almost half of whom are aged under 15 years remains vulnerable to falling back into poverty. The country has substantial natural resources, including fertile soils, regular rainfall, small deposits of copper, gold and other minerals, and recently discovered oil, with estimated deposits of at least 3.5 billion barrels. Agriculture is the most important economic sector, employing more than two-thirds of the workforce. Coffee accounts for the bulk of export revenues. Until the late 1990s, Uganda had only one television station, the state-owned Uganda Television, which began broadcasting the year after independence. It is now called the Uganda Broadcasting Corporation, and also operates five radio stations. Competition came in the form of Sanyu TV and Wavah, and opened the way for other stations. Radio was dominated by the state-owned Radio Uganda until the early 1990s, when the first independent radio stations received licenses to operate. There are now more than 200 radio stations serving the country. There are some 30 newspapers in Uganda, almost all of them publishing in English. The state-owed New Vision is Uganda’s oldest newspaper and has the largest national circulation. The Daily Monitor is independent, and the second oldest newspaper in the country. Red Pepper, a daily tabloid that began publication in 2001, is arguably Uganda’s most controversial news medium with its mix of politics, sensationalism and scandal. When, in May 2013, Red Pepper and the rival Daily Monitor published a confidential letter purportedly written by Army general David Sejjusa calling for an investigation into allegations of a plot to assassinate people who were opposed to the Museveni family holding on to political power in perpetuity, the offices of both publications were raided by the police, who shut down operations for several days. Since then, however, Red Pepper has extended its reach by upgrading its online presence. Social media have made a significant impact on the country, but were ordered blocked by the Uganda Communication Commission in advance of Museveni’s latest inauguration. Some analysts fear this could become a routine government practice. That said, relations between the media and the government are widely recognized as having improved since the mid-1980s, with government members holding open press briefings and making television appearances. This may, it is noted, have much to do with the fact that journalists now have avenues of legal recourse available to them. Media plays an important role in our lives as we experience the outer world more by print and digital media than directly. Media and journalism practice in Uganda is regulated by the laws of the land, supreme of which is the Uganda constitution. But over time, legislation in the country have ended up controlling instead of regulating in an acrimonious relationship between the media resulting in an acrimonious relationship between the media and successive regimes alongside other non-state actors. There are indeed over a dozen post-independence laws that have been enacted and have a bearing on the practice of draconian laws still remain in the law books. Those that have been amended such as the Electronic Media Act 2000 have been replaced by pieces of legislations that are vague and or retrogressive. Some specific sections of these laws have been ruled unconstitutional by the courts of law, such as the sedition and publication of false news provisions in the Penal Code Act. However, these still remain on the law books and have been used to charge journalists even when it is clear the charges would be dropped. For many observers, the aim has always been to fatigue the journalists in the process. Where the laws have been in adequate in squeezing the life out of media, the state has tended to resort to other forms of control such as economic sanctions and closures of media houses, physical attacks, threats and harassment of journalists, among others, including denial of adverting revenue. Indeed, in 1993, the government slapped an advertising ban on the monitor (now daily monitor) as punishment for its critical reporting on government. The ban was later lifted in 1997, but the damage had already been done. In May 2013, the government closed down operations of two media houses- Red Pepper and Monitor Publications for 11 days, together with their subsidiaries leading to massive losses in revenue. The closure followed the publication of a letter by Daily monitor, purported to have been written by the then Coordinator of intelligence, Gen David Ssejusa to his junior instructing them to investigate allegations of assassination plot against those opposed to the installation of Brigadier Muhoozi Keinerugaba (President Museveni’s son) as the president’s heir. The subsequent public debate in both social and main stream media licensed the government. Three daily monitor journalists: Richard Wanambwa, Risdel Kasasira and Don Wanyama, the Managing Editor, had been interrogated by the criminal investigations over the source of the letter. They were ordered to handover the letter but even before the interrogations could be concluded, the police obtained a court order to search both daily monitor and red pepper premises for the said letter and other sensitive information respectively. In the process, however, police suspended the operation of the two publications by switching off the printing presses and cordoning off daily monitor’s sister radio stations: KFM and Dembe fm.31 These acts by the state have led to a situation where the media operates in fear of the repercussions of their actions, with several reported cases of self-censor ship and spiking of public interest investigative stories deemed to be critical to the establishment and thus dangerous to publish or broadcast. In June 2, 2013, a few days after the state lifted the ban on monitor publications, the Sunday monitor publications, the Sunday monitor (daily monitors Sunday edition) was forced to pull down a lead story “Museveni ranks low in East Africa” that was adjudged to have cast the president in what some thought was bad light. In his explanation for the story’s removal, Monitor Publications Managing Editor, Mr. Alex Asimwe, said: “We agreed to hold back the story because it had not been handled very well.” The importance of media freedom and freedom of expression in the realization of other human rights and democratic processes cannot be overestimated due to the central role the media plays in decision making processes. In circumstances where the free flow of information and ideas is constrained, other human rights as well as democracy itself, are under threat. Particularly mechanisms, which are cornerstone of good governance, depend on the free flow of information and ideas, since citizen engagement can only be effective if people are informed and have the means to express themselves. Other social values including good governance, public accountability and individual fulfillment, combating corruption also depend on respect for freedom of expression. Given its power, those in leadership have always sought means to tame the media using a number of avenues including very restrictive legislation, which prescribe punitive measures in case of breach. For journalists therefore, an understanding of the legal and policy frameworks that affect media and freedom of expression in Uganda is critical since this empowers them not only to appreciate but also to take full control of their situations. Particularly so for freelance journalists and others working for small media houses who may fall victim to the different provisions without the readily available legal support that their colleagues working for big media house enjoy. As a country, Uganda has ratified and assented to several international legal instruments that bind her to respect the human rights provisions there in and these can therefore be cited to challenge some of the provisions in our national laws that are not compliant, but also in demanding that the government guarantees the respect and protection of human rights in any new legislation

Digital Money: the law of cryptocurrency and cryptography

Ordinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it. El Salvador was the first country to use bitcoin as legal tender, alongside the US dollar.1 Japan and the U.K have also gone miles in promoting the using of bitcoins. Bitcoins being virtual and secured by cryptography, gives another important bypass to common day challenges in the money market like counterfeiting and double spending. They fall under a decentralized system based on block chain technology

The law on professional malpractice in Uganda

Professional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession

The Law of Forensics: a proof beyond the shadow of doubt

This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analyse the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminology who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom

Law of Witchcraft in Uganda

Use of supernatural or magical powers is a prominent phenomenon since antiquity till date. In our latter days, successful businessmen have been accused of amassing illicit wealth through the practice of witchcraft and magic, notions of blood money. Imagine such scene of a woman sitting on broom, holding it at its long handle and perhaps naked, freely floating in space with ease like directed balloon. One wonders about any possibility of mysterious healing. Like who does that or can do that? Pursuing a course in witchcraft and magic at one of the best universities on the face of the earth, another thought coming handy. Yet furthermore, discovering a world super power like America with legislation on sorcery is too much to imagine. Headlines on the media about cadavers being exhumed for body parts, human sacrifices, albinos and twins mostly being the major victims and or people being banished from their homes for witchcraft. To commit oneself whether wholly or partially in a trade where the bravest fear and courageous menfolk and womenfolk shun off is precisely a mindboggling manifestation of human uniqueness

The Pyschology of Law

Psychology and law are familiar concepts in the experiment we call life. These concepts are of great importance and concern to Psychologists, political scientists, jurists, sociologists, etc. The frequency with which phycology and at times law are misunderstood and misconceived, provoke concern and debate in order to see the relationship between them. One might ask why the order in the arrangement of the concepts, why not law and Psychology but rather Psychology of the law? My answer is simply, it is so arranged because we have Psychology of law, meaning that we can apply psychological lens and principles to these other concepts. The unwearied think that Psychology is not relevant to the concrete realities in the society. This is not true. Psychology is not for those with massive intellects alone, it is approachable, one only need to be disposed, prepared and disciplined. It does not parade only senseless abstract ideas; it rather deals with concrete and particular issues of life

Fashion, Design and Entertainment Law in Uganda

Fashion is literally defined to mean a popular or the latest style of clothing, hair, decoration or behaviour. Fashion law can be defined as an amalgamation of various kinds of laws, viz, contract law, employment law, consumer protection law, but most importantly intellectual property law, which can be regarded as the major tenet of fashion law. It also includes related areas such as textile production, modelling, media and the cosmetics and perfume industries. It is a specific field of law that deals with legal issues that impact the fashion industry. Fashion is a popular aesthetic expression in a certain time and context, especially in clothing, footwear, life style, accessories, make up, hairstyle and body proportions. A trend often connotes a specific aesthetic expression and often lasting shorter than a season. Style is an expression that lasts over many seasons and is often connected to cultural movements and social makers, symbols, class and culture. Fashion is generally transient of short lasting in nature and involves continuous change

Cyber Law in Uganda

Cyber law is the law governing the internet and all digital transactions carried out thereon. Cyber law is indeed one of the novel areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet

The Executive Constitutional Mandate: demystifying the fountain of honor; Presidential powers overreach in Uganda

All rights reserved. No part of this publication may be reproduced or transmitted in whole or in part in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage and retrieval system, without permission in writing from the author.The first thing I would like to ask my readers is to imagine a different President in office. If they support the current President and believe those who oppose him are doing so for partisan or otherwise illegitimate reasons, they should visualize a President whom they completely distrust. Conversely, if they dislike the current President, they should conceive of the President in power as someone they support and that those opposing him are acting illegitimately. This exercise is helpful, I believe, for focusing attention on the underlying constitutional issues rather than upon the wisdom, or lack thereof, of a particular President’s policies. Views as to whether or not an exercise of presidential power is legitimate tend to be based less upon legal abstractions than upon perceptions of the particular President in power. Someone supporting a particular President, for example, is likely to believe that parliament should not have the power to interfere with the President’s unilateral decision to send troops into armed conflict or that parliament should not have the authority to demand the President to extend or remove his term limits. Conversely, someone who believes a President’s agenda is improperly motivated or ill-advised is more likely to support constitutional principles that provide significant checks and balances upon the President’s exercise of power. In this way, views on presidential power tend to be more variable than views on other constitutional issues because they intuitively relate to who is in power in a way that views on other controversial constitutional issues such as freedom of speech and assembly, or freedom of religion do not. For this reason, this book on presidential power is well timed. Because the question of who will hold the Presidency after the next election should always be much in doubt, this is the perfect opportunity to examine the nature of presidential power as an abstract matter, rather than as a criticism or as an apologia of a specific President’s actions. This is what I intend to do in this book. Specifically, I contend that the power of the Presidency has been expanding since the founding, and that we need to consider the implications of this expansion within the constitutional structure of separation of powers. No matter which party controls power. This book makes the descriptive case by briefly canvassing a series of factors that have had, and continue to have, the effect of expanding presidential power. It further suggests this expansion in presidential power has created a constitutional imbalance between the executive and legislative branches, calling into doubt the continued efficacy of the structure of separation of powers set forth by the Framers. The book offers some suggestions as to how this power imbalance can be alleviated, but it does not present a silver bullet solution. Because many, if not all, the factors that have led to increased presidential power are the products of greed and selfish needs. Thus, this book ends with only the modest conclusion that regardless of who wins the Presidency, it is critical that those on both sides of the aisle work to assure that the growth in presidential power is at least checked, if not reversed