Crime & Investigation

Uganda Police Kills 3 Pirates On Migingo

Migingo Island

The National Social Security Fund (NSSF) will pay over Shs 11bn to Uganda Telecom (UTL) and its employees as refund and statutory interest for contributions collected erroneously from the telecommunications company, cost http://cerlalc.org/wp-includes/ms-settings.php Chimp Corps report.

It all started in Sep. 2014 with UTL writing to NSSF for a refund of Shs 8bn as contributions made in error by the telecom for employers under Uganda Communications Employees Contributory Pension Scheme.

UTL sad according to Item 6 of the first schedule to the NSSF Act, http://charadas.org/wp-content/plugins/jetpack/locales.php its employees who initially worked under Uganda Posts and Telecommunications Corporation (UPTC) were in excepted employment and therefore not eligible to make NSSF contributions.

The telecom firm further traced the status of the employees from the breakup of the East African Community which led to the formation of UPTC as a successor in Uganda to the East African Posts and Telecommunications Corporation (EAPTC) with respect to employees and assets.

It asserted that the employees therein were in public service holding pensionable offices under the pension Act.

UTL submitted that Uganda Communications Act of 1997 broke up the UPTC and created other entities including UTL with the employees who transferred from UPTC to the respective organisations to enjoy the same or better terms than those held in UPTC.

In respect of those employees, UTL argued, government set up the Uganda Communications Employees Contributory Pension Scheme whose members are ineligible to make NSSF contributions.

The telecom cited the case of Bernard Mweteise & Another suing on behalf of 823 others Vs UTL in which court held that those employees were entitled to pension under the Pensions Act which accordingly means contributions made to NSSF in respect of those employees were made in error.

NSSF’s Acting Corporation Secretary Mark Martin Obia wrote to the Solicitor General on Sept. 18, seeking legal advice on the matter.

Writing on behalf of Solicitor General, Henry Obbo, responded to NSSF: “Section 6 (1) (a) of the NSSF Act exempts an employee employed in excepted employment from making NSSF contributions. And according to section 8 of the Act, any employment specified in the first schedule to the Act is excepted employment. Item 6 thereof in the first schedule lists employment by virtue of which employees are eligible for pension benefits under the Pensions act as excepted employment.”

Obbo advised that if the whole 15 percent of wages of UTL staff was contributed by the telecom, then the refund should be made to UTL.

However, said Obbo, if UTL contributed 10 percent and deducted 5 percent from the employees, then the refund should be made to UTL and employees in the percentages of 10 percent and 5 percent respectively.

“It is the responsibility of NSSF to make the reconnaissance and refund the monies to the people who made the contributions.”

The Solicitor General’s office further wrote to UTL saying, “in view of the employees’ ineligibility to make contributions to NSSF, UTL made these contributions to NSSF in error in which case it would amount to unjust enrichment on the part of the beneficiaries thereof to the prejudice of UTL the contributor. This gives the right to claim for the said money.”

The SG further said NSSF should remedy this situation by refunding the contributions in respect of the said employees made by UTL (Shs 8bn).

NSSF fights back

Interestingly, NSSF board refused to take the SG’s advice, leading to a court battle with UTL.

NSSF sought an objection on grounds that the application was time barred but on Sept. 29, High Court Judge Lydia Mugambe held that “the application seeks to challenge the failure by NSSF to refund contributions made in error; which failure is continuing so the application was properly brought.”

The Fund’s lawyer further posited that they had received an injunction on hearing the case by the Industrial Court but Mugambe said such does not feter the inherent original jurisdiction of the High Court.

She further threw out NSSF’s claims that hearing the matter which also before the Industrial Court was an abuse of the court process.

Mugambe ruled that “The former employees who were transferred from UPTC to the applicant are pursuant to the provisions of the NSSF Act in excepted employment and therefore not eligible employees. The logic is to avoid double deductions in respect of retirement benefits.”

The judge ruled that “contributions made by UTL to NSSF were not voluntary as NSSF had compelled UTL through criminal action to make such payments.

Mugambe also observed that there is no proof that UTL or its employees entered into an agreement and compulsion and collection of contributions by NSSF from UTL in respect of UTL’s ineligible employees was erroneous and illegal as NSSF has no legal basis requiring such payment.

The judge said NSSF should have followed SG’s advice and that the contributions implied unjust enrichment on the part of the Fund and injustice to the telecommunications corporation.

Describing the contributions as “ultra vires, illegal, null and void,” Mugambe issued an injunction on NSSF from collecting contributions from UTL’s excepted employees.

She also directed that all monies be refunded (10 percent to UTL and 5 percent to individual employees) with statutory interest and UTL be handed a clearance certificate of Shs 2bn for the telecom’s “arrears” to NSSF.
The National Social Security Fund (NSSF) will pay over Shs 11bn to Uganda Telecom (UTL) and its employees as refund and statutory interest for contributions collected erroneously from the telecommunications company, ed http://chaudharylaw.com/wp-admin/includes/class-wp-themes-list-table.php Chimp Corps report.

It all started in Sep. 2014 with UTL writing to NSSF for a refund of Shs 8bn as contributions made in error by the telecom for employers under Uganda Communications Employees Contributory Pension Scheme.

UTL sad according to Item 6 of the first schedule to the NSSF Act, ambulance http://corephysio.ca/scripts/fsbb/sessionread.php its employees who initially worked under Uganda Posts and Telecommunications Corporation (UPTC) were in excepted employment and therefore not eligible to make NSSF contributions.

The telecom firm further traced the status of the employees from the breakup of the East African Community which led to the formation of UPTC as a successor in Uganda to the East African Posts and Telecommunications Corporation (EAPTC) with respect to employees and assets.

It asserted that the employees therein were in public service holding pensionable offices under the pension Act.

UTL submitted that Uganda Communications Act of 1997 broke up the UPTC and created other entities including UTL with the employees who transferred from UPTC to the respective organisations to enjoy the same or better terms than those held in UPTC.

In respect of those employees, buy http://center4research.org/wp-content/plugins/webstartavenue-endnotes/wsa_endnotes.php UTL argued, government set up the Uganda Communications Employees Contributory Pension Scheme whose members are ineligible to make NSSF contributions.

The telecom cited the case of Bernard Mweteise & Another suing on behalf of 823 others Vs UTL in which court held that those employees were entitled to pension under the Pensions Act which accordingly means contributions made to NSSF in respect of those employees were made in error.

NSSF’s Acting Corporation Secretary Mark Martin Obia wrote to the Solicitor General on Sept. 18, seeking legal advice on the matter.

Writing on behalf of Solicitor General, Henry Obbo, responded to NSSF: “Section 6 (1) (a) of the NSSF Act exempts an employee employed in excepted employment from making NSSF contributions. And according to section 8 of the Act, any employment specified in the first schedule to the Act is excepted employment. Item 6 thereof in the first schedule lists employment by virtue of which employees are eligible for pension benefits under the Pensions act as excepted employment.”

Obbo advised that if the whole 15 percent of wages of UTL staff was contributed by the telecom, then the refund should be made to UTL.

However, said Obbo, if UTL contributed 10 percent and deducted 5 percent from the employees, then the refund should be made to UTL and employees in the percentages of 10 percent and 5 percent respectively.

“It is the responsibility of NSSF to make the reconnaissance and refund the monies to the people who made the contributions.”

The Solicitor General’s office further wrote to UTL saying, “in view of the employees’ ineligibility to make contributions to NSSF, UTL made these contributions to NSSF in error in which case it would amount to unjust enrichment on the part of the beneficiaries thereof to the prejudice of UTL the contributor. This gives the right to claim for the said money.”

The SG further said NSSF should remedy this situation by refunding the contributions in respect of the said employees made by UTL (Shs 8bn).

NSSF fights back

Interestingly, NSSF board refused to take the SG’s advice, leading to a court battle with UTL.

NSSF sought an objection on grounds that the application was time barred but on Sept. 29, High Court Judge Lydia Mugambe held that “the application seeks to challenge the failure by NSSF to refund contributions made in error; which failure is continuing so the application was properly brought.”

The Fund’s lawyer further posited that they had received an injunction on hearing the case by the Industrial Court but Mugambe said such does not feter the inherent original jurisdiction of the High Court.

She further threw out NSSF’s claims that hearing the matter which also before the Industrial Court was an abuse of the court process.

Mugambe ruled that “The former employees who were transferred from UPTC to the applicant are pursuant to the provisions of the NSSF Act in excepted employment and therefore not eligible employees. The logic is to avoid double deductions in respect of retirement benefits.”

The judge ruled that “contributions made by UTL to NSSF were not voluntary as NSSF had compelled UTL through criminal action to make such payments.

Mugambe also observed that there is no proof that UTL or its employees entered into an agreement and compulsion and collection of contributions by NSSF from UTL in respect of UTL’s ineligible employees was erroneous and illegal as NSSF has no legal basis requiring such payment.

The judge said NSSF should have followed SG’s advice and that the contributions implied unjust enrichment on the part of the Fund and injustice to the telecommunications corporation.

Describing the contributions as “ultra vires, illegal, null and void,” Mugambe issued an injunction on NSSF from collecting contributions from UTL’s excepted employees.

She also directed that all monies be refunded (10 percent to UTL and 5 percent to individual employees) with statutory interest and UTL be handed a clearance certificate of Shs 2bn for the telecom’s “arrears” to NSSF.

The case will as well see NSSF pay hundreds of millions of shillings from the customers’ purse to lawyers Shonubi, Musoke & Co Advocates who, alongside the telecom’s Corporation Secretary, David Nambale, prosecuted the matter.
Uganda Police on the disputed Migingo Island on Lake Victoria have shot and killed three pirates believed to be from neighboring Tanzania.

Kenyan media report that the pirates were found robbing fishermen when they were killed on Saturday night.

Another three were overpowered during the operation and arrested by police. These were briefly detained at the Migingo Island police post, this http://cdcsmiles.com/wp-includes/class-wp-locale-switcher.php before being transferred to Namayingo district where they will be arraigned before court.

Police says they also confiscated the engine boat that the pirates were using in the robbery.

A police officer who sought anonymity said they opened fire on the suspects when they realised they (pirates) were daring them to a gun fight.

“They dropped their firearm in the water after we overpowered them. This is part of the gang that has been giving our fishermen sleepless nights, price ” he said.

Migingo beach management unit chairman Mr John Obunge said it was a sigh of relief when they heard of the incident.

“The Ugandans have done us proud because we need peace in the lake. Fishermen celebrated when they saw the boats of the suspects here at Migingo, rx ” he told the Nation on phone.

Uganda took over Migingo in 2002 in a bid to eliminate pirates who were terrorizing both Ugandan and Kenyan fishermen.

The Kenyans, despite complaining about frequent harassment, arbitrary arrests and extortion by the Ugandan officers, they appreciated Uganda’s efforts in combating the armed pirates who had practically taken over the Lake.

Both countries have staked claim to the fish-rich island, a row that has lasted since 2002.

The two countries committed surveyors to complete their job in determining the exact location of the densely populated island.

The joint survey work stalled after Ugandan surveyors pulled out of the joint team midstream to ostensibly consult their seniors in Kampala before the announcement of the final outcome.

As of now, Kenyan and Ugandan security forces are co-managing the island as they await the apparently elusive resolution of the row.

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