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UPDF takeover of govt development projects illegal, misguided

President Museveni decreed that the army takes over development projects in education and health sectors

President Museveni decreed that the army takes over development projects in education and health sectors

President Museveni recently “decreed” that the army/UPDF would take over construction in the education and health sectors because of corruption by public officials.

It is disingenuous for the president to use corruption as the excuse for this move. The UPDF is equally corrupt (Kaweweta, Eria Mubiru and J2E Investment 76B scam/NAADS/OWC etc). The issue though is once the disease is diagnosed shouldn’t the disease be treated! We all know there is NO political will to fight corruption.

Uganda National Roads Authority (UNRA) has issued a statement that the UPDF through their “commercial arm” National Enterprise Corporation (NEC) is to take up road construction in line with the directive.

Museveni's directive clearly did not include the roads sector. What this shows is that this is a clearly orchestrated move! NEC being a commercial arm of government is required to compete like any other commercial enterprise. This sets a bad precedent!

Next will be a government move that ALL printing services be provided by UPPC or New Vision! Or that it will only pay suppliers who bank in government owned banks (HFB/Post Bank)!

Where does that leave the private sector? Economies are developed by the private sector. Privatisation was driven by the fact that the government had no business doing business and they were bad at it.

Legally this cannot work. UNRA relies on reservation schemes to justify this move. The Public Procurement and Disposal of Public Assets (PPDA) Act provides that the Authority consults with a competent authority/relevant stakeholders, the public procurement contracts to be subject to a reservation scheme should be specified, and SHALL designate the particular sectors within a specified geographical area that are eligible to participate in the reservation scheme.

It goes on to list the reason for reservation schemes to wit promote the use of local expertise/materials, participation of local communities/local organisations/SMEs/business ventures, apply specific technologies, and promote registered associations women/youth/PWDs. Reservation schemes are intended to provide space for disadvantaged groups!

The PPDA Act also clearly states that defence and national security organs shall comply with the Act. NEC as the UPDF’s commercial arm is therefore expected to follow the Act.

In the event that they would like to utilise their resources force account mechanisms would be ideal. Force account mechanisms work when undertaking works of a PDE using personnel and equipment of the PDE or of another PDE.

Supplies should be procured in accordance with the Act, overhead costs would be less than a contractor would have charged. The accounting officer is required to make available, materials, employees, tools and equipment, adequate for the works.

The overhead costs envisaged are those incidental to mobilising other contractors relative to the costs of the construction. It, therefore, begs the question - how has UNRA arrived at the savings purportedly expected? NEC would be using its personnel and equipment.

UNRA’s statement indicates they will provide experts “in a deliberate up skilling initiative” clearly NEC isn’t bringing expertise as the president purports!

If the UPDF are so skilled perhaps they should divert their energies to building respectable accommodation for the personnel in the armed forces.

I believe this “decree” is misguided and unlawful. The economy cannot recover from the shocks of the pandemic if the government chooses to sideline the private sector. It contravenes the WTO multilateral trading rules and the EAC Treaty to mention a few.

Consideration has to be had to rules of development aid partners who have heavily funded the construction industry. The construction industry should rally together and fight this with ALL they have got! The private sector will do well NOT to sit this out! You are going to be blown to smithereens! Your survival depends on it!

The author is a public procurement specialist with 12 years’ experience as an advocate in the Attorney General’s Chambers/ ministry of Justice & Constitutional Affairs.

Comments

+11 #1 Kalibbala 2021-07-15 18:42
If the UPDF are so skilled perhaps they should divert their energies to building respectable accommodation for the personnel in the armed forces...Exactly..You see All along This senile Wrong President has been hoodwinking the Country of Professionalism in the Army whereby the Poor Forces are Sleeping like Rats...Now that he has run out of Cash to pay them , he is sending them to start backing Tiles (matafaali)! Failed State in the Making...
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0 #2 Akot 2021-07-17 23:47
[UPDF takeover of govt development projects illegal, misguided]

Uganda belongs to Musveni who owns UPDF & every institution workss for him!

The question to ask now is;

*When will Musevnei dissolve posts of tribal leaders & become a real man & just, rule a people who look up to him?

Some naive Ugandans still believe tribal lands are 'nations', unaware that the tribalistic system Museveni put in place means Uganda, formed by tribal lands, no longer belong to any tribe, but to Museveni!

What a shame, not 1 triba has leadership to FREE his people, declare his tribal land independent land & govern as a real leader!

What will Ugandans do when Museveni will be no more, go along with his military son & the family busienss goes on in peace?

Will Museveni's son provide public/social services?

How many years do Ugandans believe Museveni will live?
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0 #3 Akot 2021-07-17 23:52
Quoting Kalibbala:
If the UPDF are so skilled perhaps they should divert their energies to building respectable accommodation for the personnel in the armed forces...Exactly..You see All along This senile Wrong President has been hoodwinking the Country of Professionalism in the Army whereby the Poor Forces are Sleeping like Rats...Now that he has run out of Cash to pay them , he is sending them to start backing Tiles (matafaali)! Failed State in the Making...


Thanks!

What will the situation be when Museveni dies & leave Ugandans in this state with poor soldiers, tribal leaders not knowing what 'nation' means & they too, look up to Museveni?

Ugandans MUST bringing down the tribalistic system & UNITING, NOW, before it's too late!
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+4 #4 sula 2021-07-18 10:11
Samantha, the problem is that many of you were hoodwinked, You failed to understand that museveni/NRA were /still a militia outfit .

It was never a National Liberation Movement, with leaders , groomed ,prepared determined and brilliant enough (above average) to govern a country.

To you, the short time you have seen ,Tumwine,Tunyefunza,Otafire,Salim Saleh,Karekezi,Kaguta,Karangwa,etc , do you believe these are leaders who should have led Uganda 35 YEARS ? ?????

My dear the reality is Uganda is under a militia Occupation - governance will only come after their departure.
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0 #5 Abner 2021-07-18 10:44
Well written my dear sister. However, all we need is services.

If the civil servants have failed him, let him use other means to deliver because at the end of the day, we shall still hold him accountable.
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0 #6 Akot 2021-07-18 18:11
Quoting Kalibbala:
If the UPDF are so skilled perhaps they should divert their energies to building respectable accommodation for the personnel in the armed forces...Exactly..You see All along This senile Wrong President has been hoodwinking the Country of Professionalism in the Army whereby the Poor Forces are Sleeping like Rats...Now that he has run out of Cash to pay them, he is sending them to start backing Tiles (matafaali)! Failed State in the Making...


Thanks.

Yet, Ugandans are assuring "the senile Wrong President" 40 years in power through the divisive tribalistic system that disempowers them, but ensures no developed country even blames the senile Wrong President!

Ugandans are peacefully waing for next fake election that will shut them further with the senile Wrong President!
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0 #7 Akot 2021-07-18 18:33
Witness said it already;

[Witness

Whenever you don't have a just cause for change, you endup failing miserably.]

Ugandans have even forgotten Museveni & his war dogs looted banks while in the bush & when T.Okello/Acholi stood down face to UNITY of all the other tribes for Museveni, the first thing they did was set up road blocks & asked Ugandans for money politely!

Without ending the tribalistic system & UNITING, Museveni is going no where!

Will Ugandans go along with Museveni's son when the father dies of old age with the same UPDF as security body & what change will that be?
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0 #8 Akot 2021-07-22 19:00
Quoting sula:
...many of you were hoodwinked, You failed to understand that museveni/NRA were /still a militia outfit.

It was never a National Liberation Movement with leaders, groomed, prepared determined and brilliant enough (above average) to govern a country.

...Tumwine, Tunyefunza, Otafire, Salim Saleh, Karekezi, Kaguta, Karangwa etc, do you believe these are leaders who should have led Uganda 35 YEARS?

the reality is Uganda is under a militia Occupation - governance will only come after their departure.


Thanks.

Only bringing down the tribalistic system & UNITY will end their diabolical rule, hold on Uganda & enslavement of the naive people to whom tribal lands belong, yet they are slaves in them!
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0 #9 Akot 2021-07-22 19:22
Ugandans, please, please, please,

For the sake of the next generation, bring down the tribalistic system & UNITE to ensure an end to Museveni's evil rule & NOW!

Why wait for Museveni to drop dead & leave the post to his military son!

Tribal leaders in posts ensure Museveni's family business, fake parliament legitimaises the most inhuman rule ever & the outside world will remain silent as long as the tribalistic system stands!

How will Museveni be got rid of when Ugandans to whom tribal lands that form UGAND belong, have no National Leadership & are tribally divided & ruled by the demon?

Why do Ugandans prefer Museveni & family, instead of becoming ONE PEOPLE to ensure change, then forming the kind of governance they want?
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