MTN Floors MP Katuntu in Mobile Money Case

CAF U-23 Championship Qualifiers 2nd (Round Return leg)

Saturday May 30th, view 2015

Uganda Kobs (2) vs. Rwanda Junior Wasps (1)

Venue: Nakivubo War Memorial Stadium @ 4:30 PM

Uganda Kobs will be out to complete their second part of their assignment against the Junior Wasps of Rwanda on Saturday evening.

The Kobs enter the second leg of the second round of Caf U23 championships with a 2-1 goal advantage after impressively beating their opponents in Kigali a week ago. Skipper Farouk Miya and Muzamiru Mutyaba got the advantage for Uganda.

The hosts failed to train on Friday morning because of heavy downpour experienced in Kampala but later managed to work out for an hour later at Lubowa.

Coach Milutin ‘Micho’ Sredojevic has been given a timely boost upfront by the arrival of CS Sfaxien striker, remedy Yunus Ssentamu who is expected to partner with Erisa Ssekisambu for goals. Lebanon based defender; Richard Kasagga has also arrived in camp ahead of the game.

Rwanda wasps travelled without their head coach Johnny McKinstry who is in Europe attending a coaching course. Assistant Coach Vincent Mashami will assume the reins on Saturday hoping to overturn the 2-1 deficit.

The coach is upbeat that his boys will do the job in Kampala and travel back with a win after rectifying the mistakes that cost the team the game at home.

“We are ready for the task ahead and the mood in the camp is positive. We have belief that we shall do well because we have corrected our mistakes from the first leg encounter that cost us heavily, especially when you look at the goals we conceded,” the coach said

The Junior Wasps need to score more than one goal without conceding for a chance to progress. They will put a lot of hopes on their attacking forwards in Dominique Savio Nshuti, first leg goal scorer and Yannick Mukunzi who masterminded their passage to this stage against Somalia.

First choice keeper Oliver Kwizera suffered a mild ankle injury and did not travel with the team but his place will not fall short as he is expected to be replaced by Marcel Nzarora who was part of Rwanda team that took part in the 2011 FIFA U-17 World Cup in Mexico.

Match officials;

Sudanese officials will officiate at the game. Sabri Mohamed Fadul will hold the whistle and will be assisted by Mustafa Ibrahim Medany and Yousif Eltirafi Saees Idris as first and second officials respectively. Hafiz Abdelghani Alamen is the standby referee and Mohamed Omar Abubaker Yusuf from Kenya has been assigned the commissioner’s job.

Possible lineups:

Uganda U23: Jamal Salim (GK), Shafiki Bakaki, Richard Kasagga, Ibrahim Kiyemba, Brian Ochwo, Derrick Tekkwo, Keziron Kizito, Muzamir Mutyaba, Farouk Miya, Yunus Ssentamu and Erisha Ssekisambu.

Rwanda U23: Marcel Nzarora, Michel Rusheshangoga, Emery Bayisenge, Faustin Usengimana, Celestin Ndayishimiye, Yannick Mukunzi, Andrew Buteera, Bonfils Kabanda, Dominique Antoine Ndayishimiye, Isaie Songa.
By Samuel Okulony

Since oil discovery, discount government has been encouraging students to enrol on petroleum courses at different institutions and universities in the country.

Oil companies for example Tullow has been sponsoring students every year since 2012 to study oil courses abroad.

Technical institutes like Kigumba Petroleum Institute have been opened up and students enrolled. This is aimed at equipping the youth with knowledge and skills to tap into the oil industry.

Since its inception in 2009 and first intake in 2010, more about a total of 88 students have already graduated in the first and second intake from Kigumba alone and more have enrolled, ambulance according to Professor Charles Kwesigwa, the Director of Uganda Petroleum Institute.

These students are yet to find jobs in the countries new oil industry. Today thousands are still being enrolled in several universities, institutions and sectors in the country, with Kigumba enrolling fresh students and Tullow announcing its scholarship scheme for 2015/2016.

There are also several projects in the Albertine Graben aimed at empowering the youth to tap into the oil sector through providing indirect services to the sector.

Many have acquired loans to open up enterprises like catering services, cleaning services, welding among others

However, government’s delay to make major decisions in the sector coupled with global fall in oil prices have seen several companies lay off workers and other players exiting the market for greener pastures in the neighbouring Kenya where things seem to be moving faster.

This raises questions on whether the youth that acquired skills will be absorbed in the oil and gas sector.

All indications show that oil production is not about to start any time soon to provide the much needed employment to the youth. It is estimated that, Uganda’s oil production will start around 2020. So where will the students who acquired skills go?

It is therefore important that government together with the oil companies come into agreement and commence the production of her 6.5 billion barrels to provide employment opportunities to the already frustrated unemployed youth in Uganda.

“Recent statistics show that youth unemployment in Uganda is the highest in Africa after Nigeria with more than 62 percent jobless.

Although the African Development Bank says it could be as high as 83 percent.

Uganda has the world’s largest percentage of young people less than 30 years 78 percent according to the 2014 preliminary results for Uganda.”
High Court Judge Justice Christopher Madrama sitting at Commercial court has dismissed a case in which Bugweri Member of Parliament Abdu Katuntu had sued MTN Uganda for allegedly operating financial services (Mobile Money) without being licensed as a financial institution.

Katuntu had claimed he was acting in exercise of his constitutional duty under Article 17 of the Constitution, pill instituting a public interest litigation.

He was seeking court’s intervention to declare MTN and other operators who are dealing in mobile money transfer services as amounting to engaging in financial services and as outside the scope of their Operator’s licences as telecommunications operators.

He further sought for declarations, advice that such provision of mobile money services by MTN, approved not being a regulated financial institution is illegal in the circumstances and as such should be compelled to declare and refund all moneys and profits accrued under the purported illegal practices.

Before the hearing of the case, the lawyers representing MTN (U) Ltd; Joseph Matsiko, Bruce Musinguzi and Idoot Augustine, all from Kampala Associated Advocates (KAA), did raise objections as to the propriety of the case against their client and further challenged the capacity of Abdu Katuntu to institute the case against their client.

The judge upheld the preliminary objections raised by MTN lawyers who argued that “Katuntu did not show any individual right that he enjoyed in regard to the mobile money services, which right had been violated by MTN.”

The disclosure of such a right, they argued, was a “fundamental pre-condition for the success of any suit.”

The lawyers further argued that Katuntu had failed to show court any violation of any constitutional right or provision by MTN, which would have brought the case under public interest litigation.

The judge also based his decision on the fact that there was no proof that Katuntu had explored other avenues to pursue his or public rights by reporting the matter to Police or DPP.

He advised Katuntu as a legislator to explore alternative avenues through bringing any such activity of mobile money within the express provision of the Financial Institutions Act, which duty lies with Parliament as the Supreme Legislative Organ.

Court held that, declaring MTN mobile money as a financial service, would amount to usurping parliament’s constitutional duty and therefore breaching the Constitutional principle of separation of powers.

Justice Madrama concluded that there is no constitutional right or duty that MTN has violated by operating MTN mobile money transfer services.

He therefore dismissed the entire case against MTN and other Telecommunications Operators, for failure by Hon. Abdu Katuntu to disclose a cause of action against MTN.

Idoot Augustine, one of MTN Lawyers who handled the case expressed satisfaction with the ruling.

“I think we are satisfied with the outcome of this case. Court has upheld all the grounds that we had raised in opposition and that affirms that MTN is carrying out its operations within the confines of the law,” he said.

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