Lately, several media platforms have been awash with not-so-sweet news about the impasse between Kooki and Buganda cultural institutions. Until recently, before I elected to author this column, I used to receive quite a number of calls of collogues from media fraternity around, in my capacity as the Kooki official Spokesperson, about the same issues.
However, upon my first article titled; “Kooki-Buganda Impasse: The 126yr-Old `Agreement` and the 10yr-Old Deadlock amid the Two Cultural Institutions”, fewer calls have been registered. The article served the purpose. I have seen a couple of stories with some of the particulars inhere, well-presented as the official communication from Obwa Kamuswaga Bwa Kooki.
It is in that spirit that in this piece, I release some of the vital documents, majorly featuring the August 1st 2013-signed agreement between the Government of Uganda and His Majesty the Kabaka of Buganda, Ronald Muwenda Mutebi II. It is our obvious judgement that the Buganda Prime Minister, Owek. Charles Peter Mayiga was among, if not the key figure, that deliberated on, drafted, and approved of this agreement, before the Kabaka appended his signature on one side and President Museveni, on the other.
It is important to note that whatever Kooki is accused of demanding, is actually, just a humble reminder to Owek. Mayiga, of issues entailed in this hitherto secretive document he himself convinced his Master the Kabaka, to approve of. From the three documents below, my reader will easily appreciate that it’s not only Kooki`s reminder calls that the Prime Minister has continuously ignored, but that of his partners in government with whom, he procedurally entered into the agreement. Please read on…
THE REPUBLIC OF UGANDA AND IN THE MATTER OF THE TRADITIONAL RULERS (RESTITUTION OF ASSETS AND PROPERTIES) ACT CAP 247 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UGANDA AND RONALD MUWENDA MUTEBI II
This AGREEMENT is hereby made and entered into by and between the Government of the Republic of Uganda as represented by H.E the President of Uganda of State House Entebbe, herein referred to as “the government”, and the Kabaka of Buganda Ronald Muwenda Mutebi of P.O box 58, Kampala, herein referred to as “the Kabaka”
WHEREAS the government of Uganda and the Kabaka wish to cultivate and further develop cooperation for the mutual benefit for both parties through various programs and projects.
WHEREAS in furtherance of the above objective, the government and the Kabaka are desirous of making this agreement;
WHEREAS government is made pursuant to the traditional rulers (restitution of assets and properties) Act 1993 and aims to develop and expand the frame work of cooperation between the government and the Kabaka.
NOW THEREFORE ITS HEREBY MUTUALLY AGREED AS FOLLOWS
A. THE GOVERNMENT SHALL
1.Return to the Kabaka the formers estate of Buganda Kingdom comprising in;
a. Land in urban centers/towns.
b, land where former administration headquarters i.e., Gombololas and Masazas were situated.
C. Land not claimed, utilized or occupied by any lawful or Bonafide occupant as defined in the 1995 Constitution and Land Act in the rural or peri-urban areas where a rural or peri-urban areas is occupied by many people who don’t qualify as lawful or Bonafide occupants, the government and the Kabaka shall negotiate and amicably agree on the manner of handling the occupants such as government compensating the Kabaka.
D, Land on Mityana road (Jeaz farm)
E, Former Buganda Kingdom markets. For markets already developed or under development by the government, both parties shall negotiate and amicably agree on the mode of ownership.
2, Compensate the Kabaka for the land comprised in plot 52, Kampala Road, Muteesa House in London (42 queens garden road, London, SW)
3.Return or compensate the Kabaka for properties that formally belonged to Buganda Kingdom but were transferred to government. The properties mentioned in clause 1,2, and 3 and above, are subject to be verified by the relevant government agencies before they are transferred to the Kabaka or compensation is affected.
4. Renew on mutually agreed terms leases formerly granted to Buganda Kingdom but have since expired. The renewal shall not apply to properties or lands where the government has already issued, leased to third parties.
5.Make final payment in agreed installments to the Kabaka of UGX20389,206,000 (TWENTY BILLION THIRTY-NINE MILLION TWO HUNDRED AND SIX THOUSAND ONLY) in 2014-2015 financial year covering all rental arrears, premium, dues, court awards, interest accrued etc. The said amount shall be set up by both parties to the agreement before payment is affected. the government, however, will immediately mobilize UGX2,000,000,000 (TWO BILLION) as [Down] payment.
6. Ensure in accordance with provisions of the constitution, the Kabaka enjoys his freedom of movement in any and all parts of Uganda provided he respects the rights of other cultural institutions/leaders as enshrined in the Constitution and the Institution of Traditional or Cultural Leaders Act, 2011.
B.THE KABAKA SHALL
1. Execute his mandate and responsibilities in accordance with the laws of Uganda.
2. Ensure that the said land is used within the laws of Uganda for the promotion of cultures and traditions in Buganda and for development of the institution.
3. Honor all lawful interests issued by the government on land where he is a Lessor.
4. Respect the Cultural Norms of the other related ethnic communities located in Buganda such as the Banyala and Baruuli and leave to them land where the former administrative units were situated as was amicably agreed by both parties.
Both parties undertake to totally refrain from engaging in hostile propaganda against each other which has tended to sour relations between the parties in recent years.
It is hereby mutually agreed that H.E the President shall set up a team to ensure implementation of this agreement.
E. GOVERNING LAW
This agreement shall be governed by the laws of Uganda.
This agreement shall come into effect immediately on the day of signing.
G. DISPUTE RESOLUTION
Any dispute arising from this agreement shall be resolved mutually.
The agreement is signed this …………day of August 2013 at Kampala in the two original copies in English, both equally valid.
FOR THE GOVERNMENT OF UGANDA.
Yoweri Kaguta Museveni
President of the Republic of Uganda
In the presence of
For the institution of the Kabaka of Buganda
Ssabasajja Kabaka of Buganda
Ronald Muwenda Mutebi II
In the presence of
The Reminder from Minister of State Gender and Culture Affairs:
Ministry of gender, Labor and social Development
And Social Development
Obwa Kabaka bwa Buganda
DISMANTLING OF KOOKI ADMINISTRATION BY MENGO ESTABLISHMENT
Reference is made to the above subject as forwarded by Obwakamuswaga Bwa Kooki.
I take the opportunity to thank you for the efforts carried out to develop Buganda kingdom through the “Tofaali project”. The initiatives inspire other leaders to innovatively contribute towards development that can be implemented in their respective institutions.
However, it has been brought to my attention that in a bid to solicit for Tofaali, Buganda is proposing, without consultation; to go to Kooki Cultural Institution. The Kamuswaga wa Kooki officially wrote to you on his position on the above issue but you did not reply to his letter. The key issues among others relate to;
- Appointment of Ssaza Chiefs, Gombolola Chiefs and Miluka Chiefs in Kooki who are quite different from those already by Obwakamuswaga Bwa Kooki. See the letter attached
- The Attorney General`s letter informing you and requesting you to consider Kooki under the same memorandum accorded to Bunyaka and Buruli Cultural institutions. Letter attached
- I would like to refer you to the agreement that was signed on 1st August 2013 between Buganda Kingdom represented by Kabaka Ronald Edward Kimera Muwenda Mutebi II and government of Uganda represented by H.E President Yoweri Kaguta Museveni. Under Section (4) subsection 6, it was agreed that the Kabaka would have liberty to enjoy his freedom of movement in any part of Uganda provided that he respects the rights of other cultural leaders/institutions as enshrined in the constitution and Institution of Traditional or Cultural Leaders Act,2011. It may be inferred that the officials of the Kabaka should behave in similar spirit.
The purpose of this letter therefore, is to invite you for a meeting on Monday 24th August, 2015 at Ministry of Gender Labor and Social Development offices at Ssimbamannyo building. The purpose of the meeting is to discuss the modalities of Buganda Kingdom`s activities in Obwakamuswaga bwa Kooki
Rukia isanga Nakadama
Minister of State Gender and Culture Affairs.
CC; Permanent Secretary, Ministry of Gender, Labour and Social Development.
More Efforts by the Attorney General:
ATTORNEY GENERAL’S CHAMBERS
P.O BOX 7183, Kampala, Uganda
The Katikkiro of Buganda Government
RE; FORMER ADMINISTRATIVE UNITS (COUNTIES AND SUB-COUNTIES IN KOOKI, RAKAI DISTRICT)
The above matters refer
You will recall that on the 1st August, 2013 at Kampala, the government of Uganda represented by President Museveni and the institution of Mengo represented by the Kabaka Ronald Mutebi signed an agreement between the two parties to nurture and further develop cooperation for the mutual benefit of both. Under section B subsection iv, it was agreed that land comprising of former administrative units (counties and sub-counties) in Buruli and Bunyala will be to the communities of those areas.
Accordingly, modalities of implementing the agreement on administrative units have to be worked out. It was agreed that the Kabaka under section (4) sub-section 6 would be at liberty to enjoy his freedom of movement in any part of Uganda provided that he respects the right of the other cultural leaders /institutions as are enshrined in the Constitution and the Institution of Traditional or Cultural Leaders Act 2011.
In order to avoid any misunderstanding over this issue, we intend to provide you with guidance on how this should be done, of course your proposals and those of the above-mentioned cultural institutions will be welcome for consideration. Furthermore, the Kamuswaga of Kooki was inadvertently left out. It will therefore be necessary to amend the agreement to include him. Certificates of titles of the said administrative units were returned to Buganda Kingdom.
There is no doubt that the Kamuswaga of Kooki has for long enjoyed a peaceful co-existence with the Kingdom. The Kingdom needs to leave the administrative units for the Kamuswaga of Kooki.
I have been directed by the President to inform you and request you to consider the same arrangement under section (B) subsection iv of the memorandum of understanding to be accorded to the Buruli and Bunyala cultural institutions also to be applied to the Kamuswaga of Kooki.
Your usual cooperation of this matter will be highly appreciated.
Peter Nyombi, MP
C.C RT. HON. PRIME MINISTER
C.C THE PRINCIPLE PRIVATE SECRETARRY TO H.E THE PRESIDENT
C.C HON.MINISTER OF GENDER
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