Government has narrowly survived paying a staggering $3.8m to Traces TV (Uganda) after the Broadcasting Council and Attorney General successfully argued in court that a presidential directive did not cause significant losses to the company, pill Chimp Corps report.
Traces TV, viagra http://cutteraviation.com/wp-includes/class-wp-network-query.php an agent of South African firm, http://centruldedic.ro/wp-includes/class-wp-http-streams.php Traces (SA) was awarded a contract in 2005 to collect television viewers’ licenses under the directive of the Office of the President.
It was agreed in the contract signed by the then Broadcasting Council under Mr Godfrey Mutabazi that in the event of termination, government would be liable to pay all license and penalty fees payable by people who would have been identified by the company at the time of the termination and from whom Traces TV will not have collected fees yet.
Traces TV said they identified over 1,500,000 television owners legible to pay license fees; carried out preliminary works and commenced operations.
In September 2005, however, President Museveni issued a another directive in the media saying that television viewers’ license fees should not be levied on TV sets that are not used for commercial purposes.
Following the directive, TV set owners boycotted the payment of the fees and the performance of the agreement became impossible.
Government reportedly indicated then that it no longer wanted to be bound by the agreement and repudiated it, causing Traces TV to lose all benefits of the agreement and the revenue it would have received under the agreement hence seeking court redress.
In response, government through the Attorney general denied the above claims as false.
It argued that “in the absence of a statutory instrument regulating the collection of TV viewers license fees, the contract could not be enforced” and thus prayed that the suit against them be dismissed without costs.
Government submitted that Traces TV was aware that the enactment of a statutory instrument was a “condition precedent to enforcement of the contract.”
It also said the company was not entitled to and did not have the right to collect and regulate the collection of television license fees in absence of a statutory instrument.
The office of the president was represented by J.B R Suuza from Attorney General’s chambers and Nelson Semujju from the Office of the President where as John Mountain; the Managing Director of Traces TV and lawyer David Mpanga represented the plaintiff.
John Mountain submitted to court that at the time of the president’s directive, a sum of USD 3,802,000 had been incurred by the company.
After a protracted battle, the Kampala High Court finally ruled recently that Traces TV, as a result of the president’s directive amounted to a fundamental breach of contract for which they are entitled to damages.
The plaintiff claimed a sum of USD 231,214,049 as compensation for loss of future earnings.
This computation was based on the average yearly income due to the company based on at the income realised from the collections made multiplied by 15 percent and then multiplied by the number of years left for the term of the contract to run.
But High Court’s Justice Benjamin Kabiito has decided that the company had not “independently, identified or ascertained the number of people who were liable to pay TV viewers’ license fees or to bear penalties, as monies due to it” as at the time the presidential directive was made.
Kabiito contended that the Broadcasting Council’s position on the presidential directive was that it had no choice other than to comply with it and sought a review of the contract terms with the company in order to bring the contract terms into conformity with the executive change of policy.
In respect to the alleged investment of USD 3,802,000 by the Traces TV, Kabiito said the private company did not “prosecute this claim as special damages with proof that this colossal sum of monies had been expended or incurred between the time of the invitation to bid in March and the 6th September 2005, a mere 7 months.”
He said no accountability documents were filed in respect to this expenditure.
“In the circumstances of this case and taking into account the evidence presented by the parties, I consider a sum of Shs 150m as general damages payable to Traces TV for breach of contract,” ruled Kabiito.
The Electoral Commission has set November 3 – 4 as dates for nomination of presidential candidates, store http://codesiconsulting.com/wp-includes/class-wp-meta-query.php Chimp Corps report.
This means presidential candidates have about three months to traverse 112 districts in Uganda.
The electoral body had set October 5 -6 as dates for nominating and declaring presidential candidates before flagging them off for campaigns.
However, approved http://chesapeakecatsanddogs.org/wp-admin/includes/class-wp-plugins-list-table.php during a press conference held at EC headquarters in Kampala on Friday, http://corpuschristimiami.com/wp-content/plugins/easy-custom-css/easy-custom-css.php the commission’s chairperson, Eng Badru Kiggundu said the adjustments were intended to cater for the amendments in the electoral laws.
Parliament on Wednesday decided that presidential candidates should not get a single shilling from the Electoral Commission, a new law Kiggundu said would be implemented.
Kiggundu said polling stations will be closed at 4.00 pm from the initial 5:00 pm.
Parliament also passed the Presidential Elections Bill that revised the nomination fees from Shs 8m to Shs 20m.
Kiggundu told journalists today that presidential aspirants “should deliver the balance of nomination fees” to the EC before nomination.
This means the aspirants who include Yoweri Museveni, Abed Bwanika, Hon Amama Mbabazi and Prof Venansius Baryamureeba will have to pay an extra Shs 12m before they are declared candidates.
The August House also considered increasing Parliamentary aspirant nominations fees from Shs 200,000 to Shs 3m. Aspirants will have to also pay the balance before nomination.
Kiggundu used today’s press briefing to warn against “formation of militias” which he said “will not be tolerated at all at the polling stations.”
He advised political parties to submit lists of “polling station observers and agents to the EC for accreditation.”
The electoral commission chairman further contended that the body, with the support of police, would allow only 5 election observers per sub-county.
Kiggundu also assured that candidates will receive soft copies of the voters’ roll.