"Fiat Justitia Ruat Caelum"

Uganda: Court halts takeover of PM Amama’s bank


By ANTHONY WESAKA

IN SUMMARY: Managing director Nzeyi asks court to block central bank from assuming control of NBC.

KAMPALA

The Constitutional Court on Friday evening blocked the takeover of the management of National Bank of Commerce (NBC) until the substantive application challenging the same is heard and disposed of in three months’ time.

In an unprecedented move, Bank of Uganda through its deputy governor Dr Louis Kasekende, this week took over the management of NBC, saying the continuation of its activities is detrimental to the interests of depositors. But being dissatisfied with this move, Mr Humphrey Nzeyi, the director of NBC and a son to one of the majority shareholders and businessman Amos Nzeyi, asked the Constitutional Court to halt the takeover process citing among others not being heard before the Central Bank took its decision to wind up the bank.

BoU had said in a press statement that NBC depositors will operate their accounts in Crane Bank. And by close of business on Friday, Crane Bank had implemented the process, calling on NBC customers to continue transacting business through its branches and to pick their ATM cards from its offices starting tomorrow.

Interim order

“An order does issue against the respondents (Bank of Uganda and the Attorney General) or employees or agents from implementation of the winding up order of the affairs of NBC issued in the first respondents’ public notice and correspondences suspending the Managing Director of NBC dated September 27 and any other sale of NBC pending the disposal of the main application,” read the interim order.

The interim order was issued by Justice Steven Kavuma in the presence of Nzeyi’s three lawyers. It will stay in force for three months. Mr Muwema, said they are working to have the interim order served to Bank of Uganda so that their intended takeover does not happen on Monday. “We are serving the interim orders on to Crane Bank this morning (Sartuday). BoU does not work on weekends but by all means, we shall also serve them by close of business today,” said Mr Muwema.


The respondents to this application who included BoU and the Attorney General were not represented in court as the matter was treated as urgent since the Central Bank was set to effect its takeover of NBC tomorrow.

The implication of this order is that the status quo of NBC remains by carrying on with its financial operations for the next three months until when the substantive application is heard and determined.

Justice Kavuma also directed the registrar of the court, Mr Erias Kisawuzi ,to expeditiously have the main application of this matter heard and determined. Mr Kisawuzi told this newspaper yesterday: “I will on Monday fix a hearing date for this matter.”

Shareholders

The other majority shareholders of NBC include; Prime Minister Amama Mbabazi and ICT minister Ruhakana Rugunda. The trio shares 86 per cent of the bank shares with the remaining 14 per cent owned by 320 other investors including former Finance Minister Ezra Suruma, Maj. Gen. Jim Muhwezi and retired Supreme Court Justice George Wilson Kanyeihamba.

Source: Sunday Monitor (30/09/2012): http://www.monitor.co.ug/News/National/Court+halts+takeover+of+PM+Amama+s+bank/-/688334/1520960/-/nchg9mz/-/index.html

RELIGION: Vatican court adjourns trial of ex-butler


A Vatican court trying the pope's ex-butler for allegedly stealing confidential papers has adjourned its proceedings until next Tuesday. The former aide could face four years in an Italian jail.

The trial of Pope Benedict XVI's former aide, Paolo Gabriele, opened on Saturday in a 19th century courtroom behind the apse of St Peter's basilica which is normally off-limits to the public within the small Vatican city-state.

Gabriele did not speak at the trial opening, but is expected to testify next Tuesday. Television cameras were largely excluded from the courtroom and only eight journalists were allowed to observe proceedings throughout. They later briefed other journalists.


The court comprising three Italian law professors ruled that only evidence provided by a Vatican prosecutor and Vatican police would be admissible. The court declared that the results of a separate probe carried out by cardinals was not admissible.

Presiding judge Giuseppe Dalla Torre, said the trial might be wrapped up in four court hearing days. Attendees in the public gallery included Vatican spokesman Federico Lombardi.
Separate trial for another accused

The court also accepted a request for the trial of Claudio Sciarpelletti -- a Vatican computer technician who is accused of abetting Gabriele's crime -- to be conducted separately. No date for that hearing was set.


Gabriele, a once loyal papal assistant, had been quoted by prosecutors - when arrested last August - as describing himself as a whistle-blower, who was trying to expose alleged graft at the headquarters of the Roman Catholic Church.

Gabriele faces a charge of aggravated theft, and, if convicted by the panel, the 46-year-old could face a prison sentence of up to four years.

Prosecutors had alleged that Gabriele met with investigative reporter Gianluigi Nuzzi earlier this year and gave him copies of the documents which were then widely published across international media outlets.

Power struggle exposed

The allegedly leaked documents pointed to a power struggle at the highest level of the church and offered insight into the workings of the Holy See.

A spokesperson for the Vatican said the 85-year-old pontiff was hurt by the betrayal of confidence by someone he "knew, loved and respected."

The papal state has no prison system, meaning if convicted, Gabriele would serve time in an Italian jail, however, it is expected the pope will pardon him.

ipj/dr (AFP, Reuters, dpa, AP)

Source: DW (29/09/2012): http://www.dw.de/dw/article/0,,16273545,00.html



Youngest Guantanamo Bay prisoner Omar Khadr leaves for Canada


The youngest prisoner to be held at the Guantanamo Bay detention centre has been returned to his native Canada.

Omar Khadr had been held at the US base in Cuba since 2002, after being detained in Afghanistan aged 15.

A military plane flew Khadr, the last Westerner at Guantanamo, to Canada early on Saturday.

He will serve the rest of his eight-year jail term in Canada. He pleaded guilty to killing a US soldier in Afghanistan.

Khadr left the prison on a US military plane and arrived at a Canadian air base in Trenton in Ontario province, from where he was transferred to the Millhaven maximum prison, Public Safety Minister Vic Toews told a news conference.

Plea bargain deal


The US Department of Defense said in a statement: "The United States government has returned Khadr to Canada where he will serve out his remaining sentence. The United States co-ordinated with the government of Canada regarding appropriate security and humane treatment measures."

Khadr was sentenced to 40 years in prison by a US military tribunal at Guantanamo Bay in 2010 on war crimes charges.

The charges against him were: murder in violation of the law of war; attempted murder in violation of the law of war; conspiracy; providing material support for terrorism; and spying.

But, as part of his plea deal, his sentence was limited to eight years.

Under the deal, he became eligible to return to Canada last October.

Canada declined to intervene in Khadr's trial, despite federal court rulings in Ottawa that his rights were violated when Canadian agents interrogated him at Guantanamo Bay.

'First family of terror'


The majority of Canadians supported the campaign to repatriate Khadr, now 26, though the country remains split over the case.

"Omar Khadr is a known supporter of the al-Qaeda terrorist network and a convicted terrorist," Mr Toews said on Saturday.

Many still consider him and some members of his family a threat, while others see him as a child victim of both an extreme Islamist ideology and cruel and unusual treatment at the hands of the US authorities.

The Khadrs have been called Canada's "first family of terror".

Omar Khadr's father, an associate of Osama Bin Laden, took the family to Peshawar, in Pakistan, to support the Afghan mujahideen in their war against the Soviets when Khadr was a child. The father died in a firefight with Pakistani troops near the Afghan border in 2003.

One brother is paralysed from the waist down after being wounded in that same battle. Another has just been released from jail in Toronto after successfully fighting extradition to the US on terror charges.

Omar Khadr's sister, Zaynab, and his mother, Maha, are well-known in Canada for their radical views.

Some 166 detainees remain in detention at Guantanamo Bay.

Source: BBC (29/09/2012): http://www.bbc.co.uk/news/world-us-canada-19771668


Expert touts legal framework for uranium

Written by MASEMBE TAMBWE 


LACK of competent personnel and an effective legal framework have been cited as the missing link in the exploitation and development of uranium deposits that the government wants to venture in.

An environmental Lawyer and Director of the Environment Centre, Dr Rugemeleza Nshala said during a Policy Forum debate  in Dar es Salaam that the country lacks a robust legal and institutional regime to oversee the uranium mining industry along the value chain as is the case with exploration, extraction, transportation, beneficiation and marketing.

"Uranium mining institutions are almost non-existent. The current institutions do not have the requisite human, technological and financial means to oversee uranium operations in Tanzania," he said. Dr Nshala said one major problem at the moment was that small companies masquerading as foreign investors had rushed into the country and taken advantage of the geological data from previous exploration carried  out in the 1970s.

Between 1976 and 1979 the Tanzania government commissioned a number of geological surveys that led to the discovery of uranium deposits in the country.Given the drop of uranium prices in the world market, the government stopped those explorations in 1980. However, prices of uranium recovered in the past two decades which has created an impetus for resumption of uranium exploration in different parts of the world including Tanzania.

Dr Nshala cited there were many anomalies in the different legislations that current exist like the case of Mining Development Agreements (MDA) where the Mining Act shows that they are for applicants of holders of special mining licences with capital bases of 100 million US Dollars.It stipulates that there must be due diligence conducted by the applicant showing that they have the financial and technical ability to efficiently undertake such operations.

"No specific person or institution is assigned the task of conducting due diligence. However since the Minister is the one who has powers to negotiate, as stated in the law, MDAs, a necessary interference can be drawn that it is the Minister who is supposed to undertake such a function," he said.

He said that it was a very serious anomaly because most of the time the Minister is a politician who does not have the necessary technical and professional expertise of the mining industry and cannot perform such an important function. The lawyer said that the Minister was also not required to seek and obtain internal and external professional assistance to undertake such tasks and in short the Act vested the Minister with powers to negotiate in ignorance.

The royalty rate was also faulted where uranium mining companies are required to pay 5 per cent which is calculated on the gross value of the minerals, meaning that the market value of minerals at the point of refining or sale or in case of consumption with Tanzania, at the point of delivery within Tanzania.

"It is inadvisable to charge royalty rate on the value of the minerals but rather on the volume of the production while the value at the point of refinery may seem to be good - this entails the deduction of the production, insurance and refining costs," he said. Dr Nshala explained that  since refining operations were not conducted in the country and the government does not have the necessary capacity to verify such costs, it is forced to accept the uranium companies' figures to that effect.

The Tanzania Atomic Energy Commission Director of Nuclear Technology, Dr Mwijarubi Nyaruba discussing the debate said that uranium was a naturally occurring mineral and that problems start when it starts being mined.Dr Nyaruba said that at the moment all the government wants to do was mining and transporting uranium, but concurred with Dr Nshala that qualified and competent personnel engaged in the sector were needed.

"As we head towards the exploration of mining uranium, we should remember the importance of complying with transport regulations, having proper waste management, good record keeping and reporting to authorities when disaster strikes," he said. Dr Nyaruba said that the major challenges that he sees was the overlapping or having similar mandates of the Mining and Atomic Act, there was no collaboration among stakeholders involved in regulating uranium mining and need to have clear standards.

Source: Daily News (29/09/2012): http://www.dailynews.co.tz/index.php/local-news/9994-expert-touts-legal-framework-for-uranium

Rwanda: Supreme Court verdict paves way for Mugesera’s trial

Edwin Musoni


The Supreme Court yesterday rejected Genocide suspect Leon Mugesera’s application challenging the legal procedures on which the High Court based its decision to deny him more time to study his dossier.  

In Mugesera’s submission, he had argued that article 162 of the code for civil and administrative procedures on which the Nyarugenge Intermediate Court based its decision, contradicts article 18 of the constitution.

The article in question stipulates that “any person who was a party to the proceedings in the first instance may appeal the judgment if he/she has an interest therein, except when the law provides otherwise”.

It adds that “However, the appeal against an interlocutory judgment shall be made only jointly with the final judgment. In this case, the time limit for appealing against the interlocutory judgment starts running from the date on which the final judgment was notified to the party”.

According to the applicant, if the decision based on article 162 of the procedural code was upheld, it would undermine the constitution and his right to have more time to study his dossier.

“Although the court finds his pleading having been rightfully filed, his application is challenging a law that was scrapped three days before he filed his application makes his arguments non objective,” Judge Jean Baptiste Mutashya who read the judgment.

Deputy Chief Justice, Sylvie Zainab Kayitesi, presided over yesterday’s session, heading a nine-person panel of judges.

Mugesera was deported from Canada earlier this year after he lost all legal and political battles to bar his deportation to Rwanda to face Genocide charges.

He fled to Canada in early 90s after making an inflammatory speech in which he called upon the extermination of Tutsis and added that they should be killed and ‘transported’ back to Ethiopia via River Nile.

Source: The NewTimes (29/09/2012): http://www.newtimes.co.rw/news/index.php?i=15130&a=58936

EAC urged to enforce money laundering laws

By In2EastAfrica Reporter

Experts meeting in Kigali to explore ways of addressing money laundering and terrorist financing in the region are calling on the East African Community (EAC) partner countries to enforce the laws on money laundering.


The meeting brought together key stakeholders from governments, law enforcement agencies, financial institutions and security experts from the region.

Money laundering is the process of concealing the source of money obtained by illicit means. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount of money laundered, either worldwide or within their national economy.

“The only solution to curb money laundering and terrorist financing is to enforce our national laws and monitoring of terrorist organisations,” said Daniel Ochieng, Regional Coordinator of Terrorism Research and Response, East Africa.

Ochieng stated that if money laundering is prevented, terrorism would not flourish, adding that subversive activities are backed by money laundering and illegal financing.

In 1996, the International Monetary Fund estimated that two to five percent of the global economy involved laundered money.

“Money laundering and terrorist financing activities may have negative consequences for a country’s financial stability and macroeconomic performance. We call upon our economies to enforce the law so that these activities are prevented,” noted Ochieng.

The three-day forum, under the theme “Combating financial crimes in East Africa”, is organised by Cyber Security Africa, a technology security solutions company based in Nairobi, Kenya.

Speaking at the forum, the Director of Financial Stability at the National Bank of Rwanda,  Joy Ntare, said that money laundering cases in Rwanda were very rare and minimal.

The rare cases of money laundering are attributed to measures that include, among others, tight governance by the central bank, very small market and lesser population.

“We are in the region that is vulnerable so we need to be able to raise awareness,” she said.

“We may not be having such cases, but that does not mean that there is no possible risk for that. Being a peaceful country, we talk of zero tolerance to corruption and are busy attracting investors. So its paramount to enforce the anti-money laundering law because we may not be aware of the investors coming in and where they get the money from,” she added.

Ntare called for strong mechanisms to mitigate the risks of money laundering and terrorist financing activities in the region.

Rwanda passed the anti-money laundering and combating financing of terrorism law in 2008, a move that positioned the country to be competitive within the East African Community (EAC) by raising investor confidence.

In a bid to enforce the law curbing money laundering, the government established the Financial Intelligence Unit, an agency mandated to share information on suspicious transactions across borders.

The Alliance Manager at Cyber Security Africa, Sammy Kioko, said EAC governments have in place anti-money laundering laws but they need to be fully implemented to contain possible risks.

“The forum will be a platform where experts will share best possible ways to protect companies from fraud, anti-money laundering and terrorist financing measures in case such risks arise in the region,” he noted.

Alex Kioni, Lead Technical Consultant, Security Systems at IBM East Africa, said, “Financial crimes threaten organisations at multiple points of vulnerability. Levelling detection systems for both fraud prevention and detection and anti-money laundering processes can reduce risk while help improving analyst efficiency.”

Latest statistics from FIU show that from last year up to March this year, it reported 124 suspicious transactions.

According to the Rwandan law, any person who leaves or enters the country transporting cash or negotiable bills of exchange exceeding $10,000, without prior declaration, except for funds certified by a withdrawal slip issued by an accredited bank, will be committing a money laundering offence.

By Frank Kanyesigye, The New Times

Source: In2eatafrica (27/09/2012): http://in2eastafrica.net/eac-urged-to-enforce-money-laundering-laws/

US formally removes MKO from terrorist organizations list


The United States has formally removed the anti-Iranian Mujahedin-e Khalq Organization (MKO) from the US State Department's list of terrorist organizations.

The MKO was taken off the State Department’s blacklist on Friday, a week after US Secretary of State Hillary Clinton sent the US Congress a classified communication about the move. 

The MKO, which has murdered over 17,000 Iranians since the victory of Iran's Islamic Revolution in 1979, fled to Iraq in the 1980s, where it enjoyed the support of former Iraqi dictator Saddam Hussein and set up Camp Ashraf in the eastern province of Diyala, near the Iranian border. 

The group also cooperated with Saddam in the massacres of Iraqi Kurds and in suppressing the 1991 uprisings in southern Iraq. 

The MKO has been listed as a terrorist organization by much of the international community and has committed numerous terrorist acts against Iranians and Iraqis. 

Iran has repeatedly called on the Iraqi government to expel the group, but the US has been putting pressure on Baghdad to resist the calls. 

MHB/HGL

Source: PressTv (28/09/2012): http://presstv.com/detail/2012/09/28/264019/us-formally-takes-mko-off-terrorist-list/

Pope's ex-butler Paolo Gabriele on trial for theft


Pope Benedict XVI's former butler is set to go on trial in the Vatican on charges of aggravated theft.

Paolo Gabriele, 46, has admitted taking confidential documents and leaking them to the Italian media - although no guilty plea has been entered.

Mr Gabriele has told investigators that he was hoping to expose "evil and corruption" within the Church.

He is standing trial along with a Vatican technician, and faces up to four years in prison if found guilty.


Mr Gabriele was the Pope's trusted servant for years and held the keys to the papal apartments.

Many of the letters and other documents he took from the pontiff's desk were published in a book, His Holiness, by an Italian investigative journalist in May.

The so-called "Vatileaks" scandal has exposed alleged corruption and internal conflicts at the Holy See.

The BBC's David Willey in Rome says it has been one of the most difficult crises of Pope Benedict's seven-year papacy.

Mr Gabriele's co-defendant is computer technician Claudio Sciarpelletti, who is accused of aiding and abetting a crime.

No TV cameras or recorders are being allowed inside the courtroom. The proceedings will be reported by a pool of eight Vatican-accredited journalists.

Source: BBC (28/09/2012): http://www.bbc.co.uk/news/world-europe-19767667

Switzerland lawmakers reject burqa ban

Michael Haggerson at 1:22 PM ET

[JURIST] The Swiss Parliament [official website, in french] voted 93-87 on Friday against a bill which would ban burqas [JURIST news archive] and other face coverings in public places. Proponents of the bill argued that banning burqas would promote gender equality and improve national security. Those against the bill argued that it was an excessive measure because so few women in Switzerland wear burqas that it would unduly punish Swiss Muslims and that a ban would create a negative image of the country in the minds of Muslim tourists. The Swiss Senate decided to let individual cantons [swissinfo.ch report] choose how to address protesters that hide their faces.


Burqas and other symbols of Islam have been a controversial subject in Europe. In July the Netherlands announced that a ban on burqas would go forward [JURIST report] later this year. Proponents of the Netherlands ban said the purpose was to stop people from being able to commit crimes and remain undetected by concealing their identities and covering their faces. Belgium officially banned [JURIST report] burqas in July 2011. France's ban on burqas took effect [JURIST report] on April 11 2011. Swiss voters approved a proposal to ban the construction of minarets [JURIST report] in November 2009, and the vote was subsequently upheld [JURIST report] in the European Court of Human Rights [official website] in July 2011. Some commentators have suggested that the rationales behind the European burqa bans are weak [JURIST op-ed] and that the true purpose of the bills is societal discomfort.

Parents who collude with men who impregnate students to be arrested

BY THE GUARDIAN REPORTER


Education and Vocational Training deputy minister Philipo Mulugo has ordered the arrest of parents who would be proved to have accepted livestock given as an inducement to cover up for people who impregnate their schooling daughters.

Mulugo, who is also member of Parliament for Songwe constituency, gave the order at Khanga Secondary School in Chunya District recently where he was the chief guest at the school's third graduation ceremony.

He said in Songwe constituency, whose residents are mostly herders and farmers, there were instances whereby girls had their education cut short after being impregnated and no legal action was taken against the culprits.

He said what often took place was for the girl's parents to meet with the boy parents and soon the girl’s parents were given a number of cattle in order to settle the matter out of court.

“Parents who are proved to have taken cattle to cover up for those who impregnated their daughters should equally be charged in a court of law," said Mulugo.

Mulugo also ordered all students to move into the school's hostels and stop from staying outside the school premises.

He said the order to shift should be implemented within seven days so that by 1 October all should be living in the hostels.

Earlier, while reading the school development report, the headmaster said the graduating class started with 157 students but only 79 reached the fourth form.

He said the other students failed to complete their studies owing to various reasons, including truancy and pregnancy.

Mulugo donated two sets of microscopes to the school to help in practical training. Furthermore, the MP donated 2m/- for the purpose of purchasing solar panels and facilities to provide the school with solar power as the government is in the process of connecting the village to the national grid.

Meanwhile, the residents of Saza Village in Songwe constituency have sold to Shanta Gold Mine (SGM) sand believed to contain gold that was abandoned by the colonialists in the village.

The pile of sand was sold at $250,000 (about 390m/-) and already the money has been deposited in the village account.

Handing over the cheque to the village leaders, Mulugo said the money should be directed into village projects.

He said it was the duty of the village leaders to ensure people discussed openly the projects they want the money invested in.

“The expenditure too should involve the people, the task of leaders is to come up with project ideas and the people will decide on them. No leader should take the money without informing the people," said Mulugo.

SOURCE: THE GUARDIAN (28/09/2012): http://www.ippmedia.com/frontend/index.php?l=46315

Ewura to regulate private water sale

Written by ROSE ATHUMANI 


A DECISION to regulate the prices of water supplied by business people will come into effect by the end of this year, according to the Energy and Water Utility Regulatory Authority (Ewura).

The decision to control the prices of water drawn from the Water and Sewerage Corporation (Dawasco) boreholes and wells and supplied to consumers by motor vehicles, is aimed at ensuring that only clean water is sold and that the prices are reasonable.

Addressing a stakeholders' meeting convened to collect views and opinions in Dar es Salaam, the Dar es Salaam Regional Commissioner, Mr Said Meck Sadiki, said that under the new plan, more people, especially those with  low income will get clean water at  reasonable prices to be set by Ewura.

The RC noted that EWURA would be responsible for issuing licences for those interested in doing the business of supplying water and that there will be regular inspection of motor vehicles that carry the water and the boreholes from which the water is drawn.

The upshot is to ensure the water supplied to consumers is clean and meets health standards. He further noted that unscrupulous people who will sell water without any licence from EWURA will be breaching the law. Legal action will be taken against them if proven guilty, he said. "Currently, the prices of water sold to consumers vary. Some sellers demand 500/- per 20 litres, a rate that is near-impossible for low-income earners.

In this case, some poor people go without bathing for weeks because they cannot afford to buy enough water for cooking, drinking and bathing," the RC said. Mr Sadiki explained that boreholes will be inspected by responsible authorities to ensure that the water is, indeed, clean and good enough for human consumption.

"The water might look clean. However, some of the minerals present might be harmful. So the only way to find out is for responsible authorities to test and verify that the water is not harmful to humans," he explained. The RC also said that boreholes that are close to public toilets or water fetched from rivers and dams will not be allowed to be supplied to consumers. Once apprehended such water sellers will face the music.

He warned the public against vandalizing water infrastructure and stealing water pipes and selling them as scrap metal. Earlier, the Ewura Acting Director General, who is also the authority's Director for Water and Sewerage, Mr Mutaekulwa Mutegeki, said that people's views will help the authority in arriving at the right decisions in ensuring that the plan is implemented effectively.

Mr Mutegeki said that once the guidelines are in place, directives and regulations will follow in the quest to make official control of water supplied by the private sector. The Dawasco Chief Executive Officer, Mr Jackson Midala, said that there will be zones and that each will have its own water supply motor vehicles. He added that every zone will have its own water price.

He further said that those supplying water using motor vehicles will be responsible for refilling at designated centres only. Those who will go against the directives will be taken to task. "They must ensure that all equipment for water supply, including the tanks and pipes, are cleaned regularly because there will be unannounced inspections to ensure that they are clean," he said.

Mr Muro Massawe from Kimara who is a business person and supplies water using small vans carrying 1,000 litres tanks, commended the move, but appealed to Ewura and Dawasa to ensure that those who supply water in small quantities are also protected by the law.

"Some of us have small tanks, carrying 1,000 litres of water and we supply in remote areas that cannot be reached by big bowsers. So, licences issued by EWURA should also take into consideration such category of business people," he pointed out. The Dar es Salaam Water and Sewerage Authority (Dawasa) Director of Technical Service, Mr Boniface Kasiga, confirmed that water supplied in the city by Dawasco is too little.

"That's why we want to ensure that everyone who cannot get the water supplied by Dawasco is offered chance to buy it from the private suppliers at reasonable prices. But, at the same time, the business people should make a profit," he said. He added that the government plans to increase water supply in the city. He noted that the project, which draws water from Lower Ruvu, will increase the intake to 270,000 cubic metres a day from the current 182,000 cubic metres.

Less than 50 per cent of Dar es Salaam residents have access to piped water. The guaranteed supply reaches residents at Masaki, Oysterbay, Keko and Lugalo only.

Source: Daily News (28/09/2012): http://www.dailynews.co.tz/index.php/local-news/9965-ewura-to-regulate-private-water-sale

China's Bo Xilai expelled and accused of corruption


Top Chinese politician Bo Xilai has been expelled from the Communist Party and will face justice, state media say.

Mr Bo, the ex-Communist Party leader in the city of Chongqing, is accused of abuse of power and corruption.

His wife, Gu Kailai, was given a suspended death sentence in August for murdering UK national Neil Heywood.

The scandal has overshadowed the party congress that will oversee China's change of leadership. It will begin on 8 November, state media have announced.

The BBC's Martin Patience, in Beijing, says the Bo Xilai announcement ends months of speculation over the fate of a man who was once one of China's most powerful politicians.

Our correspondent says it is clear China's leaders wanted to try to end the damaging revelations, with the once-in-a-decade leadership change looming.

He says Mr Bo's career is over and he will almost certainly spend time in jail.


'Grave repercussions'
Mr Bo has not been seen in public since shortly after the scandal erupted and it was announced he was under investigation. He was suspended from his party posts in April.

Reporting an official statement from a party leaders' meeting, the state news agency, Xinhua, said Mr Bo stood accused of corruption, abuse of power, bribe-taking and improper relations with women.

The statement carried by Xinhua said Mr Bo "took advantage of his office to seek profits for others and received huge bribes personally and through his family".

It added: "Bo's behaviour brought serious consequences, badly undermined the reputation of the party and the country, created very negative impact at home and abroad and significantly damaged the cause of the party and people".

The statement urged "party organisations at all levels" to take heed of the "negative example" of the Bo Xilai case.

Xinhua said the violations included Mr Bo's time as an official in Dalian and Liaoning provinces, and as minister of commerce.

"Bo had affairs and maintained improper sexual relationships with a number of women," the statement added.

Xinhua said Mr Bo had been expelled from the party and the elite decision-making Politburo and Central Committee as he had "abused his power, made severe mistakes and bore major responsibility in the Wang Lijun incident and the intentional homicide case of [Gu Kailai]".

Wang Lijun was Chongqing's former police chief who was sentenced to 15 years in jail for ''bending the law, defection, abuse of power and bribetaking" in the Neil Heywood case.

There was speedy reaction to the latest news on China's social media sites.


On Sina Weibo, Shenjing Jihua posted that Mr Bo had "finally met his end", adding: "So justice will prevail, and there is still hope for China."

Although there were some postings in support of Mr Bo, others broadened the affair into a critique of Chinese corruption.

Huaju Yanyuan on QQ.com said: "The case of Bo Xilai tells us that one overlooked event led to a series of troubles, and that there isn't any clean official in China."

Xinhua has also announced that the party congress, which will herald the change of China's leadership, will begin on 8 November.

The Bo Xilai scandal has been China's biggest in decades and has cast a long shadow over the run-up to the congress, which is expected to see Xi Jinping replace Hu Jintao as president.

Mr Bo, 63, had been a prime candidate for a top post before the scandal broke.

It started when Wang Lijun fled to a US consulate in February, alleging that Gu Kailai had poisoned Neil Heywood to death in November 2011.

Gu was convicted of killing Mr Heywood after a multi-million dollar business deal turned sour.

Source: BBC (28/09/2012): http://www.bbc.co.uk/news/world-asia-19755035


MP Waititu freed on Sh1m cash bail

By NATION Reporter

IN SUMMARY:

**Senior principal magistrate Paul Biwott ordered Mr Waititu to report to the Kayole Police Station every Monday.
**The magistrate also ruled that the prosecution can prefer more charges including murder against the MP.
..........................
Embakasi MP Ferdinand Waititu has been released on a one million shilling cash bail.

Senior principal magistrate Paul Biwott ordered Mr Waititu to report to the Kayole Police Station every Monday.

The magistrate also ruled that the prosecution can prefer more charges including murder against the MP.

On Thursday, Mr Waititu denied two counts of incitement to violence and was detained at the Kileleshwa Police Station.

President Kibaki and Prime Minister Raila Odinga suspended Mr Waititu from his government position of Water assistant minister following the charges.

“Following charges in court against the Hon Ferdinand Waititu, President Kibaki after consultations with Prime Minister Raila Odinga has asked the Hon Waititu to step aside as an assistant minister pending the outcome of the case,” read a Presidential Press statement.

The embattled MP is also being investigated for murder.

State counsel Lilian Obuo told the court that the Director of Public Prosecutions (DPP) Keriako Tobiko wanted additional murder, assault and property damage charges preferred against the MP.

"Mr Tobiko has ordered the police to probe the MP for the murder of two people in Nairobi’s Kayole estate, shortly after the MP uttered inflammatory remarks against the Maasai community,” Ms Obuo stated, adding that the MP would face the additional charges after investigations.

The case will come up for hearing on November 27.

Source: Daily News (28/09/2012): http://www.nation.co.ke/News/politics/MP+Waititu+freed+on+Sh1m+cash+bail/-/1064/1519982/-/yjc7bn/-/index.html

Tamwa pledges to sensitize women on new constitution

Written by DAILY NEWS Reporter 


THE Tanzania Media Women’s Association (Tamwa) has vowed to sensitize women so that they make meaningful contributions towards the ongoing exercise to seek views to review the country’s constitution.
Speaking during a function to install her as the new Tamwa Executive Director, Ms Valerie Msoka, said the constitution was an important document that should take aboard every citizen’s interests including those of women and children. She said women’s interests will therefore be taken aboard if they are sensitized and helped to be part of the whole process of re-writing the constitution.

The new executive director promised to continue the good work of protecting children and women’s rights done by the outgoing director, Ms Ananilea Nkya, previous directors, Tamwa members and journalists at large. Ms Msoka said through its activities, Tamwa has gained popularity not only nationally but also at international level and got recognition through prizes and medals.

She also pledged to continue empowering female journalists through education scholarship programmes and other programmes. Ms Nkya pledged with the media to continue exposing issues that affect the people and country development. She said the role of the media should remain that of ensuring equal rights for all the people regardless of their status and gender.

She pledged with Tanzanians to continue supporting Tamwa by exposing acts that violate the rights of people particularly women and children. Mrs Msoka, a veteran journalist and founder member of Tamwa worked for Radio Tanzania for years before joining the Kiswahili Service of the BBC, London.

She later joined the UN working in war zones in Iraq, Sudan, Rwanda, Burundi and Democratic Republic of Congo (DRC). She holds MA in International Journalism from City University in London. The function was held at Tamwa offices, Sinza Mori, Dar es Salaam.

Source: Daily News (28/09/2012): http://www.dailynews.co.tz/index.php/local-news/9973-tamwa-pledges-to-sensitize-women-on-new-constitution

Amnesty calls on Sweden to assure Assange ‘won’t be extradited to US’


Israel Herald (ANI) Friday 28th September, 2012

Human rights organisation Amnesty International has asked the Swedish authorities to issue assurances that Wikileaks founder Julian Assange will not be handed over to the US.

Amnesty said fears Assange will face a US trial over Wikileaks ‘have played no small part in the current stand-off’.

According to the BBC, it added that it has no evidence that Sweden plans to extradite Assange to the US, but if such a ‘forced transfer’ did take place, it believed he would be exposed to a ‘real risk of serious human rights violations’.

“If the Swedish authorities are able to confirm publicly that Assange will not eventually find himself on a plane to the USA if he submits himself to the authority of the Swedish courts then this will hopefully achieve two things,” Nicola Duckworth, Amnesty’s senior director for research, said in a statement.

“First, it will break the current impasse and second it will mean the women who have levelled accusations of sexual assault are not denied justice,” Duckworth added.

Assange has been holed up in Ecuador’s embassy in London since June 19 in a bid to avoid extradition to Sweden.

He fears being sent to the U.S. to face interrogation over the whistle-blowing website. (ANI)

Article source: http://www.israelherald.com/index.php/sid/209576018/scat/b8de8e630faf3631
                          http://www.riseoftheright.com/2012/09/amnesty-calls-on-sweden-to-assure-assange-wont-be-extradited-to-us/

Alleged anti-Islam filmmaker arrested in Los Angeles

The alleged producer of an amateur video insulting the Prophet Mohammed that sparked protests in several Muslim countries was arrested in Los Angeles Thursday for violating probation following a 2010 conviction for banking fraud.


The alleged filmmaker behind the video that sparked protests across Muslim countries was arrested and detained without bond Thursday, as a US judge said she feared he would try to flee.

Nakoula Basseley Nakoula, the alleged director/producer of "Innocence of Muslims," appeared in court in Los Angeles after being arrested for breaching the terms of his probation for a 2010 banking fraud conviction.


Prosecutor Robert Dugdale said the 55-year-old had allegedly made eight breaches, including making false statements to probation officers and using at least three different names.

Judge Suzanne Segal ruled that Nakoula, who has been hiding since protests erupted over his film, be detained without bond, saying he was a flight risk and a danger to the community.

"The court has a lack of trust in this defendant," she said.

Concerns have been raised for Nakoula's safety due to the widespread anger his alleged video has provoked among Muslims, and his hastily-arranged court appearance was held under tight security in downtown LA.

The hearing was closed to the public, but journalists and anyone else interested was allowed to follow proceedings via videoconference from a separate building.

Nakoula -- allegedly the real identity behind the pseudonym Sam Bacile, listed as the director of "Innocence of Muslims" -- was briefly taken into custody earlier this month for questioning by his probation officer.

He was traced to a home address in Cerritos, south of Los Angeles, after international protests erupted against the 14-minute trailer video posted online.

The film depicting the Prophet Mohammed as a thuggish deviant offended many Muslims, and sparked a wave of anti-American protests that have cost several lives and saw mobs set US missions, schools and businesses ablaze.


In February 2009, a federal indictment accused Nakoula and others of fraudulently obtaining the identities and Social Security numbers of customers at several Wells Fargo branches in California and withdrawing $860 from them.

Nakoula's court appearance came a day after an actress involved in the video, Cindy Lee Garcia, filed a second lawsuit seeking to force YouTube and Google to pull the video trailer.

Garcia filed legal action in Los Angeles Superior Court last week, but a judge rejected it -- and on Wednesday, she filed a new suit alleging breach of copyright in federal court in Santa Clarita, California.

The actress says she had believed to have signed up for a film called "Desert Warrior" set 2,000 years ago, and only realized her lines had been over-dubbed when the row with Muslim protests erupted this month.

In her initial lawsuit, Garcia alleged she has suffered severe emotional distress, financial setbacks and the "destruction of her career and reputation."

But Los Angeles Superior Court Judge Luis Lavin denied her request for a restraining order to prevent YouTube, a subsidiary of Google, from continuing to show the film clips.

The English version of the trailer, which has been withdrawn from YouTube in a number of countries, includes blatantly overdubbed parts of dialogue, and Mohammed's name seems to have been added in post-production.

Garcia said she only saw four pages of script for the two days she spent on set, and had no idea about the movie's religious content. "No one spoke of the Muslim faith, no one spoke of Mohammed. Nor would I do that," she said.

(AFP)

Source: France24 (28/09/2012): http://www.france24.com/en/20120928-anti-islam-filmmaker-video-arrested-los-angeles-prophet-mohammed-basseley-nakoula-protests-innocence-muslims


MP Kasibante charged over Bukoto by-election violence


By Martins E. Ssekweyama

The hearing of the criminal case in which Rubaga North MP Moses Kasibante is accused of ‘disturbing the peace’ in the recently concluded Bukoto South by-elections has begun in the Masaka Chief Magistrate’s Court. Mr Kasibante appeared before Grade 1 Magistrate Monica Amono on September 27, with his lawyers, Peter Ssebyuma and Asuman Basaalirwa.

Prosecution, led by state attorney Ms. Ann Kiiza, alleges that on July 12 2012 during the Bukoto South parliamentary by-elections, at Sseke S.S Polling Station in Kinoni Town council, Kasibante and others still at large crossed the boundary line of the polling station and disrupted business at the desk of the election officials contrary to Article 83 of the Parliamentary Elections Act.

Kasibante denied the charges. However, the state attorney asked court for more time to gather more evidence against Kasibante.

The case was adjourned the case to October 30 2012.

Source: Daily Monitor (28/09/2012): http://www.monitor.co.ug/News/National/MP+Kasibante+charged+over+Bukoto+by+election+violence/-/688334/1520026/-/y6ke5h/-/index.html

New robbery style hits Dar


By Lucas Liganga, The Citizen Chief Reporter

Dar es Salaam. 

A wave of drive-by mugging has set the alarm bells ringing in this city of five million people. 

The attacks are carried out by thieves in vehicles, who cruise down the streets waiting to pounce on unsuspecting pedestrians walking along the roads, the objective being to snatch their handbags. 

The handbag raiders operate mainly in affluent areas such as Masaki during the day and move to the city centre in the evenings. The victims, most of them foreigners, complain that the police take no action even when they report the attacks. 

Last weekend, a drive-by mugging turned deadly when a 48-year-old Greek medical doctor working with the ministry of Foreign Affairs in Greece, Dr Petroula Hatzipandazi, was killed at Upanga after the muggers grabbed the back-pack strapped to her back and dragged her down the road for about 150 metres. She died later in hospital.

The response from the authorities has been muted, with the police failing to respond to queries on what they are doing to curb the crime wave.  

The Hellenic Society of Tanganyika, which takes care of the interests and welfare of Greeks in the country, has expressed concern about the government’s silence over the attack on Dr Hatzipandazi and similar cases.
 “At this point, all we expect is at least a message of sympathy from the Tanzanian government or local authorities—a much deserved condolence message to the family of 

Dr Hatzipandazi, the Greek government and her colleagues,” said Dimitri Mantheakis, chairman of the Hellenic Society.
A belated response from the ministry of Foreign Affairs and International Co-operation to The Citizen yesterday said it has written to the Inspector General of Police requesting that his office thunt down those involved in the killing of Dr Hatzipandazi.   
The letter is copied to the Chief Secretary, the Ministry of Home Affairs and the Embassy of Greece in the Kenyan capital, Nairobi.

“We have received with shock the news of the killing of the Greek woman diplomat,” Permanent Secretary John Haule told The Citizen in a telephone interview. “We hope the culprits will be arrested and prosecuted.” 

The ministry also received information that a second woman was recently mugged in Dar es Salaam. “We have instructed the IGP to make serious follow-ups on these incidents that might tarnish the good name of our country,” added the PS.
The Dar es Salaam Special Zone regional police commander Suleiman Kova yesterday declined to comment on what the police were doing to curb the muggings. He would not confirm whether or not the CCTV cameras installed in the streets were working. “We will talk to the media tomorrow and give details on the issue,” Mr Kova said.

But the Ilala Regional Commander ACP, Marietha Minangi, was more forthcoming, and told The Citizen on Monday that investigations into the death of Dr Hatzipandazi were underway.  

An email response from Ambassador E. Kouvaritakis, who also covers Tanzania after the closing of the Greece Consulate here, said Dr Hatzipandazi’s body will be flown to Greece tonight.

In an effort to press for action to stem drive-by muggings in the city, a group of former victims have started a facebook page  HYPERLINK “https://www.facebook.com/groups/166388156831623/” https://www.facebook.com/groups/166388156831623/ where people post their experiences.

Dr Hatzipandazi was in charge of a group of 33 Greek medical doctors and professors visiting Tanzania on a volunteer mission to help the sick in rural Iringa at the invitation of the office of Patriarchate  of the  Greek Orthodox Church mission based in Alexandria, Egypt.

According to Mr Mantheakis, the Dar es Salaam chapter of the Hellenic Society organised a farewell dinner on Sunday for the visiting doctors at the Parthenon Hall opposite the Red Cross Society of Tanzania headquarters. Dr Hatzipandazi and her colleagues, who were staying at the Palm Beach Hotel, left the hotel at 7.30pm and decided to walk to the hall.

“Little did the doctors imagine that outside Upanga Club a private car, with somebody hanging out up to his waist, would drive by and grab her little back- pack containing her meagre  personal belongings, including her  passport and phone,” said Mr Mantheakis.

The diplomat called on the government of Tanzania to ensure that Dar es Salaam is not reduced to the status of an unsafe African city.

He added: “Let all the progressive citizens of this great city today challenge ourselves in helping educate our youth that every visitor who comes to Dar es Salaam is a visitor to all of us and we have an obligation to help our guests as much as possible and also protect them as we would expect to be protected when we visit their countries. Let every visitor go back with good memories and respect for all that was extended to them by their hosts.”

Source: The Citizen (27/09/2012): http://www.thecitizen.co.tz/component/content/article/37-tanzania-top-news-story/26106-new-robbery-style-hits-dar.html

Netherlands court allows ICC witnesses to seek asylum

Brandon Gatto at 2:40 PM ET

[JURIST] A Dutch court on Wednesday ruled that three Congolese witnesses who testified in an International Criminal Court (ICC) [official website] case against militia leaderGermain Katanga [case materials; JURIST news archive] must be allowed to remain in the Netherlands to seek asylum. The three unnamed witnesses were originally awaiting trial as prisoners in the Democratic Republic of Congo [BBC backgrounder], but were transferred to the ICC's detention center in The Hague in May 2011. Since the ICC had originally intended to keep the three in detention and return them to prison after their testimonies, Dutch authorities initially believed that the witnesses were ineligible for asylum in the Netherlands. However, because the three had filed asylum applications [AFP report], the Dutch judges declared that they must be allowed to stay, and that the state must inform the ICC that it can take over custody of the witnesses within four weeks of the judgement. Legal experts surmise that the judgment may complicate matters for future asylum cases involving witnesses brought to The Hague solely for testimonial purposes, namely that countries may be unwilling to hand over their prisoners if they are allowed to seek asylum in the Netherlands.


Kantanga's case in the ICC has been ongoing for over five years. In July 2010 the court's Appeals Chamberdenied his request [JURIST report] for stay of proceedings and declaration of unlawful detention by Congo before his transfer to The Hague. Kantanga originally pleaded not guilty [JURIST report] in November 2009 to three crimes against humanity and seven war crimes, including murder, sexual slavery, pillage and the use of child soldiers. In September 2009 the Appeals Chamber upheld the admissibility [JURIST report] of Kantanga's case after he argued that the charges of war crimes and crimes against humanity against him should be dropped because he was being charged for the same crimes in the the Congo, thus violating the ICC principle of complementarity. The Appeals Chamber upheld the trial chamber's June 2009 dismissal of Katanga's challenge on the grounds that the there were no domestic proceedings against him at the time the charges were filed, and that subsequent investigations did not result in domestic charges. The trial chamber confirmed the charges [JURIST report] against him in September 2008. Kantanga, the former commander in the Front for Patriotic Resistance of Ituri [IRIN backgrounder], surrendered to the ICC and was transferred to The Hague in October 2007 after a warrant [text, PDF, in French] was issued for his arrest in July 2007.

THE PRESIDENTIAL AFFAIRS ACT, Cap. 9 (RE: 2002)


An Act to provide for certain matters relating to the functions and offices of the President, Vice-President and the Prime Minister.
[9th December, 1962]
C.A. Act No. 4 of 1962
R.L. Cap. 502
Acts Nos.
10 of 1980
26 of 1980
10 of 2001

PART I: PRELIMINARY PROVISIONS (ss 1-2)

1. Short title
This Act may be cited as the Presidential Affairs Act.

1A. Interpretation
In this Act unless the context requires otherwise–
"President" means the President of the United Republic;
"Vice-President" means the Vice-President of the United Republic;
"Prime Minister" means the Prime Minister of the United Republic;
"household" means a fully furnished house, outbuildings and surrounding land that is used as a dwelling house and includes bedding, cooking, laundry and other domestic equipment necessary for the day to day use.

PART II: PRESIDENTIAL FUNCTIONS AND AFFAIRS (ss 3-5)

2. Signification of orders
(1) Whereby or under any written law, other than the Constitution, any power, duty or function is conferred or imposed on, or is vested in the President, the exercise of such power or the performance of such duty or function by the President may, unless a contrary intention appears, be signified under the hand of a Minister, a Deputy Minister or a Permanent Secretary:
Provided that nothing in this section shall apply to the power of the President to make proclamations or shall restrict the manner in which the power of the President in relation to the executive functions of the Republic, other than any such function which is conferred by any written law, may be exercised through officers in the service of the Republic subordinate to him.

3. Advisory Committee on the Prerogative of Mercy
(1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of–
(a) a Minister appointed by the President;
(b) the Attorney-General; and
(c) not less than three nor more than five other members appointed by the President, and the President shall preside at the meetings of the Committee.
(2) The President may appoint different Ministers to be members of the Advisory Committee in relation to persons convicted by a civil court and persons convicted by a court-martial.
(3) Where any person has been sentenced to death (otherwise than by a court-martial) for any offence, the President shall cause a written report of the case from the trial judge or magistrate, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee; and after obtaining the advice of the Committee, the President shall decide in his own deliberate judgement whether to exercise any of his powers under section 45 of the Constitution.
(4) the President may consult with the Advisory Committee before exercising any of his powers under section 45 of the Constitution in any case not falling within subsection (3) of this section.
(5) Subject to any directions of the President, the Advisory Committee may regulate its own procedure.

4. Honours and awards
The President may institute and confer honours, dignities and awards.

PART III: LEGAL PROCEEDINGS (ss 6-10)

5. Civil proceedings in High Court only
No civil proceedings which may be instituted against the President shall be instituted in any court other than the High Court.

6. Civil proceedings in personal capacity
(1) Where any person proposes to institute any proceedings against the President as are referred to in subsection (2) of section 46 of the Constitution–
(a) the notice of proceedings referred to therein shall be accompanied by the plaint;
(b) the notice and plaint shall be delivered to the Chief Secretary or to a Permanent or Private Secretary to the President, or sent by prepaid registered post to the Chief Secretary at the State House.
(2) Where any such civil proceedings against the President as are referred to in subsection (2) of section 46 of the Constitution are instituted and the Court is satisfied that the plaintiff would, but for this subsection, be entitled to any order, judgement or decree or other relief, no order, judgement, decree or relief, other than by way of a declaratory order, judgement or decree shall be awarded against the President:
Provided that if any subsisting order, judgement or decree is not satisfied after the defendant has ceased to hold the office of President, the plaintiff may, within ninety days of the defendant ceasing to hold office as President, apply to the High Court for such order, judgement or decree as would, but for the provisions of this subsection, have issued in the original proceedings, and the Court shall make such order, judgement or decree as in the circumstances is just and reasonable.

7. Other civil proceedings
(1) All process in any legal proceedings against the President, other than those referred to in subsection (2) of section 46 of the Constitution, shall be delivered to or served on the Attorney-General.
(2) Where, in any proceedings to which this section refers the Court is satisfied that the plaintiff would, but for this subsection, be entitled to any order, judgement, decree or other relief, no order, judgement, decree or relief, other than by way of a declaratory order, judgement or decree, shall be awarded against the President.

8. Immunity from arrest and from process to compel appearance of President
(1) The President shall be immune from arrest.
(2) Subject to the provisions of subsection (3), no process shall be issued by any court or other person or authority empowered to issue process in that behalf–
(a) requiring or compelling the personal appearance or attendance of the President in any capacity; or
(b) requiring or compelling the President to produce any person or thing.
(3) Where a party to any proceedings in any court or before some other person or authority empowered to issue process in that behalf, applies for any process requiring or compelling the appearance of the President as a witness or requiring or compelling the President to produce any person or thing, the court or other person or authority may if, but for this section, it would have issued such process, notify the President of the application, but shall not make any other order or issue any other process on such application.

9. Service of process generally in State House and other official residence
(1) No legal process shall be served or executed within the State House, its lodges or grounds or, while he is resident therein, within other official residences of the President except by or under the directions of the Chief Secretary or a Permanent or Private Secretary to the President; and the Chief Secretary and Permanent or Private Secretary shall, when requested by a court to assist in the service or execution of any such process, give all reasonable and necessary assistance.
(2) No local government authority or public utility shall have any jurisdiction or power in regard to any matter or thing relating to the State House, its lodges or grounds or other official residences of the President.

PART IV: THE HOUSEHOLD OF THE PRESIDENT, VICE-PRESIDENT AND THE PRIME MINISTER (ss 11-14)

10. Expenses of President's household
There shall, in respect of each financial year, be charged on and paid out of the Consolidated Fund such sum of money as may be certified by the Treasury as being the sum required for and in respect of the salaries, allowances and expenses of the President's household and the upkeep of the State House and other official residences of the President.

10A. Expenses for the Vice-President's Household
There shall, in respect of each financial year, be charged on and paid out of the Consolidated Fund such sum of money as may be certified by the Paymaster-General as being the sum required for and in respect of expenses of the Vice-President's household and the upkeep of the Vice-President's house, lodges and grounds and other official residences of the Vice-President.

10B. Expenses for Prime Minister's Household
There shall, in respect of each financial year, be charged on and paid out of the consolidated Fund such sum of money as may be certified by the Paymaster-General as being the sum required for and in respect of expenses of the Prime Minister's household and the upkeep of the Prime Minister's house, lodges and grounds and other official residences of the Prime Minister.

11. Amendment of R.L. Cap. 1
[Repeals section 21(1) of R.L. Cap 1.]

THE IMMIGRATION (TRANSITIONAL AND SAVING PROVISIONS) ORDER, G.N. No. 657A of 1997


(Made under Section 38 of the Immigration Act)
1. Title
This Order may be cited as the Immigration (Transitional and Saving Provisions) Order.

2. Interpretation
In this Order, unless the context otherwise requires–
"the Act" means the Immigration Act;
"the effective date" means such date as the Ministry may by notice published in the Gazette appoint;
"repealed Acts" means the Immigration Act and the Immigration Decree of Zanzibar repealed by section 37 of the Act.

3. Holders of Zanzibar Residence permits to apply for residence permit
(1) Every person who immediately prior to the effective date is a holder of a valid residence permit issued or deemed to have been issued under the Immigration Control Decree of Zanzibar shall be entitled during the period (hereinafter in this order called the period of entitlement) commencing on the effective date and ending on the expiration of a period of six months after the effective date or the date on with the entry permit expires whichever is the earlier date, to apply for and be issued with a residence permit of such a class as the Director of Immigration Services may determine.
(2) Until the expiration of the period of entitlement or until the issue of a class A, B, or C residence permit, whichever shall be the earlier, a person to whom sub-regulation (1) applies, shall, notwithstanding the provisions of the Act or any other written law, remain entitled to all the rights and privileges and advantages of or pertaining to an entry permit holder under the repealed Decree to the same extent as he would have been so entitled had the Act not been enacted.
(3) At the expiry of the period of entitlement the presence, in the United Republic of a holder of such residence permit shall unless otherwise authorized under the Act, be unlawful.
(4) The Director of Immigration Services may either generally or in particular case extend the period of entitlement to a date not later than 30th September 1997.

4. Residence permit may be issued subject to conditions
Any residence permit class A, B or C issued under the provisions of the Act during the period of entitlement to a holder of entry permit issued or deemed to have been issued under the repealed Immigration Control Decree of Zanzibar may be issued subject to the conditions provided for under section 22 of the Act.

5. Endorsement
The provisions relating to the residence permits issued during the period of entitlement under the Act shall apply mutatis mutandis to any endorsement lawfully made upon an entry permit under the repealed Immigration Decree of Zanzibar and to any person in respect of whom such endorsement was made.

6. Passes
(1) Every pass and other authorisation issued or deemed to have been issued under the provisions of any regulations made under the laws repealed by the Act and in force immediately prior to the effective date shall–
(a) if the same could be issued under the provisions of regulations made under the Act, be deemed to have been so issued and shall have effect accordingly; or
(b) if the same could be issued under the provisions of regulations made under the Act, remain in force, subject to the limitations of the regulations under which it was issued or for the period which it was issued for a period of three months from the effective date, whichever is the shorter period.
(2) Upon the expiration of the period for which a pass or other authorisation referred to in paragraph (b) of subregulation (1) was issued or for a period of three months from the effective date, as the case may be, the presence in the United Republic of the holder of such pass or other authorisation shall, when otherwise authorized under the Act, be unlawful.
(3) When the holder of a pass or other authorisation has, under the provisions of any regulations made under the laws repealed by the Act or any enactment repealed by the repealed Acts, given any deposit or entered into any bond on his entry into the United Republic subject to deduction from such deposit or from the sum secured by such bond of any expenses incurred by or on behalf of the Government or the Revolutionary Government of Zanzibar such deposit shall be refunded or such bond shall be cancelled–
(a) upon such person leaving the United Republic permanently; or
(b) upon such person being granted citizenship of the United Republic.
(4) The provisions of this paragraph shall apply mutatis mutandis to any endorsement lawfully made upon a pass under the provisions of regulations made under the repealed Acts and to any person in respect of whom such endorsement was made.

7. Miscellaneous provisions
Notwithstanding the repeal of the repealed Acts by the Act–
(a) any person whose presence in the United Republic immediately before the effective date is unlawful under the provisions of the repealed Acts shall on or after the effective date be deemed be unlawfully in the United Republic for the purpose of the Act;
(b) any application for any permit, pass or other authorisation made under the provisions of the repealed Acts and not determined on the effective date shall be deemed to have been made under the provisions of the Act;
(c) all appointments made, directions given or powers conferred under the provisions of the repealed Act shall be deemed to have been made, given or conferred under the provisions of the Act.

8. Revocation
[Subject to the provisions of this Order all subsidiary legislation made under the repealed Acts is hereby revoked.]

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