Uganda Times

Tag: justice ssekaana

  • Former ISO Director and Operatives Ordered to Pay Compensation to Torture Victim

    Former ISO Director and Operatives Ordered to Pay Compensation to Torture Victim

    High Court Holds Col Kaka Bagyenda and 14 Security Operatives Liable for Illegal Detention and Torture

    In a legal ruling, the High Court in Kampala has directed former Internal Security Organisation (ISO) Director, Col Kaka Bagyenda, and 14 security operatives to pay compensation amounting to Shs175 million to a businessman who was unlawfully detained and subjected to torture. The victim, Musa Nsereko, endured over a year of confinement without any formal charges on Lwamayuba island in Kalangala district. Justice Musa Ssekaana issued the order, highlighting the violations of Nsereko’s rights.

    The court proceedings revealed that Musa Nsereko was arrested on May 27, 2018, by a combined force comprising the Internal Security Organisation and other militia groups while he was traveling from Kyengera to Nabbingo. The arrest was carried out by plain-clothed security operatives who subsequently held him in a safe house on Lwamayuba island. Shockingly, Nsereko was never provided with any explanation for his arrest.

    During his unlawful detention, Nsereko was isolated on the island for a staggering 17 months. Throughout this period, he was denied access to his family, legal representation, and essential medical treatment for the injuries sustained during his arrest. Disturbingly, Nsereko endured torture, which included the breaking of his hand and forced labor, causing further physical and psychological harm.

    Justice Ssekaana, in his ruling, emphasized the existence of a comprehensive legal framework aimed at preventing and prohibiting torture. However, he expressed deep concern over the persistent occurrence of violations against individuals’ rights to freedom and the prevalence of cruel, inhuman, and degrading treatment in Uganda. The judge held Col Bagyenda and the group of security operatives responsible for the torture inflicted upon Nsereko, although the government itself was not found liable in this case.

    As part of the court’s decision, Musa Nsereko has been awarded compensation in the form of Shs175 million, along with interest at a rate of 15% from the date of the ruling until full payment is made.

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  • Court clears URA on electronic fiscal receipting, invoicing solution

    Court clears URA on electronic fiscal receipting, invoicing solution

    The High Court has ruled that Uganda Revenue Authority(URA) legally exercised discretionary powers when it issued a general notice requiring all VAT registered taxpayers to start issuing e-invoices or e-receipts or employ electronic devices connected to the tax body centralised invoicing or receipting systems .

    This decision comes after Capital shoppers Ltd, Quality supermarket,Kenjoy Supermarket, Jazz Supermarket and Mega Standard Supermarket challenged the said general notice claiming it was illegal and ambiguous.

    Justice Ssekaana Musa ruled in favour of URA and dismissed the application.

    According to the judge, the procedure adopted by the applicant’s counsel for court to quash the Tax Procedures Code (E-Invoicing and E-Receipting) Regulations, 2020, for being enacted without stakeholder participation is very irregular and the court would not grant such leave to make an amendment during submissions.

    The applicants through their lawyers, Ortus Advocates made an “objection to selective implementation as pilot candidates for the pilot exercise in the implementation of the Electronic Fiscal Receipting & Invoicing Solutions” and the same was communicated to URA on 25th May 2020.

    The judge noted that the applicants ought to have conclusively and exhaustively waited to explore the remedies available.

    “The applicants were wrong to pursue the two remedies concurrently and without trying to exhaust the one pursued first. The action of the applicants of pursuing both available remedies is an abuse of court process and should be discouraged,”he ruled.

    The Tax Procedures Code (E-Invoicing and E-Receipting) Regulations 2020 were enacted by the Minister of Finance, Planning and Economic Development and passed by the Parliament.

    The judge noted that the propriety of the said regulations cannot be brought into question without the author.

    “URA did not make the said regulations and her role under the Uganda Revenue Authority Act is to administer and give effect to tax laws. Therefore, the Attorney General was the proper party to represent the Minister and not the implementing agency”he stated.

    The judge ruled that the respondent, the Commissioner General of URA, properly exercised the power given by parliament and the applicants’ argument of ambiguity of parent law (section 73A(1) and 73A(2) is completely flawed and a misapplication and appreciation of the Tax Procedure Code (Amendment) Act, 2018.

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