it wouldn’t be a surprise to see President Museveni, or immediate family, stay in power past 2021. The question is how. President Yoweri Museveni being inaugurated in 2016, 30 years after he first came to power Yoweri Kaguta Museveni was confirmed as the winner of Uganda’s presidential election for a fifth consecutive time on 20 February 2016. However, if the president is to stay in office beyond the next set of elections in 2021 he will have to overcome a constitutional impediment. Article 102 (b) of Uganda’s 1995 Constitution states that “a person is not qualified for election as President unless that person is not less than thirty-five years and not more than seventy-five years of age”. President Museveni will be 76 in 2021. But in the last year, Museveni, indirectly and from a distance, has been testing out strategies to either keep himself in power or anoint a successor. Born again? In December 2016, Justice Steven Kavuma, Uganda’s second most senior judge was rumoured – though this has been denied by Uganda’s judicial authorities – to have sworn an affidavit that he was in fact four years younger than his official age. At 69, Kavuma appeared to have found a new lease of life just as his retirement age of 70 loomed. His announcement drew much hilarity on Ugandan social media, but was there an ulterior motive for his actions? Kavuma, a founding member of the ruling National Resistance Movement (NRM), served as State Minister for Defence in the early 2000s and was described as “hugely partisan” by a former Supreme Court judge. The process behind his appointment as Deputy Chief Justice in 2015 was challenged in the courts. “There is no doubt he enjoys the confidence of Museveni”, Nicholas Opiyo, a Kampala-based political analyst and human rights lawyer, told ARI. Could he therefore have been testing the water for the president? Museveni’s official birthday is 15 September 1944 but given his well-documented upbringing to rural, illiterate parents, the date was estimated by reference to local historical events. Museveni only needs to be one year younger to stand again in 2021. The idea of altering one’s age is not as surprising as it might sound according to Opiyo, who notes that “the practice is commonplace among civil servants who do not want to retire upon clocking up their mandatory retirement age”. This point is reinforced by a letter dated 6 February 2017 from the Ministry of Public Service (MPS), which indicated that “many requests” had been made by officers to change their dates of birth, particularly those coming up to retirement. For now, the MPS has been clear that the dates declared at the time of initial appointment will be used, but Museveni will undoubtedly be watching what unfolds with interest. A repeat performance Elsewhere, the wheels are already in motion for a tried and tested approach. In August 2016, a private member’s bill was presented to parliament by NRM MP Robert Ssekitooleko. The bill, which was subsequently thrown out by the speaker, Rebecca Kadaga, without being debated, proposed raising retirement ages for judges and life tenures for members of the electoral commission. “It was widely, and correctly, perceived as a first step towards undermining and eventually amending Article 102 (b) of the Constitution to remove the presidential age limit”, wrote Dr Busingye Kabumba, a constitutional law expert at Makerere University, though Ssekitooleko denies this. Uganda has history of such shenanigans. After the presidential elections in 2001, Museveni faced a constitutional impediment to re-election: the country’s two-term presidential limit. A sustained and successful parliamentary push for constitutional reform ensued. Museveni consistently distanced himself publicly from this campaign, but was widely considered to be directing it behind the scenes. The removal of term-limits was passed by parliament in 2005 alongside the reintroduction of multi-party politics. In Uganda’s 10th parliament, the ruling party has the two-thirds majority – excluding NRM-leaning independents – required for constitutional amendments. Even outspoken critics, like Rebecca Kadaga, are unlikely to oppose what Museveni wants. According to Opiyo, “she is combative on soft issues, and for the purpose of raising her political capital when it benefits her, but in matters crucial to the president, she has always given in”. A trade-off that sees the removal of age limits coupled with the reintroduction of term limits (with Museveni starting afresh) is a possible approach, and one that would deflect some criticism at home and abroad. A family affair The removal of age limits might not be the only change to Uganda’s political system ahead of elections in 2021. With the NRM so dominant in the legislature – the main opposition Forum for Democratic Change (FDC) holds less than 10% of seats – Uganda might look to move towards a new democratic model. “I expect the next move for the NRM will be to immunise the presidency from adult suffrage and make ascendancy to the position the choice of parliament,” political analyst Angelo Izama told ARI. If this succeeded, the NRM would all but guarantee that its chosen candidate would be the president and remove any risk of losing out in presidential polls, which historically have produced closer results than those at the parliamentary level. Museveni would still require a resolution to his age-limit conundrum if he wants to remain in charge, but a system where the president is indirectly elected could also open the door further to family succession. A handover of power from Museveni to his son Muhoozi Kainerugaba has long been mooted in Ugandan political circles. Talk of the “Muhoozi project” was revived in mid-January 2017 by a reshuffle in the defence sector that saw several senior “historicals” replaced by military officers of Kainerugaba’s generation. This included the president’s son going from being the head of Special Forces Command to State House, where he will serve as a special presidential advisor for special operations – a move that suggests Muhoozi is being prepared for the political and administrative rigours of the presidency. Anna Reuss, a Kampala-based political and security analyst, does not believe there is a fixed plan, but acknowledges that “without doubt he [Museveni] is positioning his son, and other family members, in anticipation of a possible succession”. If not his son, could Museveni’s wife be the next president? Izama believes so. “Janet Museveni is second to her husband when it comes to political experience, has served as a two-term MP, and is a long-serving member of the cabinet. She is also a force in the NRM party and instrumental in state-business relations”, he says. If the system is changed before 2021, “a more direct and less controversial route will open for Janet Museveni”. By keeping the presidency within the family, Museveni would also be able to maintain a degree of control, and use his patronage networks even if he were officially out of office. How, not if Museveni has not publically commented on his future but a close look at the political manoeuvrings since his re-election in 2016, and even before, indicate that he is already trying to find a way to extend his time at the helm into a fourth decade. “Many will not support another term”, says social media commentator Grace Natabaalo, but at the same time the majority of Ugandans will not be surprised to see Museveni, or an immediate family member, confirmed as president in 2021. The more pertinent question, and the one to watch, is how they go about getting there.
Uganda: Age Limit Bill lined up,why now? After months of speculation, the omnibus Constitution (Amendment) Bill, which contains a clause to remove the presidential age limit, has been lined up to be officially gazetted. We have seen a copy of The Uganda Gazette dated June 8, 2017 where the Constitution (Amendment) Bill is listed as one of the bills that are due to be published. Sources said the bill shall be published in the gazette in a few weeks' time. Interviewed for a confirmation on Friday, June 30, Maj Gen Kahinda Otafiire, the minister of Justice and Constitutional Affairs, said the Constitution (Amendment) Bill 2017 awaits to be published in The Uganda Gazette before it can come to parliament for debate. The Uganda Gazette, according to the ministry of Justice's website, is the "official newspaper of government." Otafiire said: "Once the bill has been gazetted, a Constitutional Review Commission shall be appointed and it will gather views from the people." Otafiire added that all articles of the Constitution, including 102 that touches on the qualifications for one to be a president,will be up for possible amendment. "What is so special about Article 102? Is it a commandment from God? If the public wants the age-limit amended, it will be amended. If they don't want, we shall leave it," Otafiire said. Specifically, Article 102 (b) states that a person is not qualified for election as president of Uganda if he or she is "less than thirty-five years and or more than seventy-five years of age." The fiery minister continued: "The Constitution is not my property. I am just a custodian. If people want some articles to be amended, it is their right." Otafiire's remarks confirm earlier speculation that government plans to have the presidential age cap abolished despite public denial by senior government officials. In a 2012 interview that is now commonly shared on social media, President Museveni told NTV: "I don't think someone can be an effective leader after 75 years." However, since his re-election last year, the president has been more circumspect, simply telling journalists that he will follow the Constitution. SEVERAL ATTEMPTS Museveni, who turns 73 later this year, will be 76 by 2021 and thus ineligible to stand for president under the constitution as it is today. Political analysts predict that just as he did in the run-up to the lifting of presidential term limits in 2005, President Museveni will distance himself from the move to remove the age-limit, leaving it to his outspoken supporters in and out of the NRM-dominated parliament. Some politicians, seeking to catch his attention, have already stoked the potentially fiery debate. In August 2016, the Kyankwanzi district leadership drafted a resolution in support of an amendment to lift the age-limit. Led by Woman MP Ann Maria Nankabirwa, the resolution was handed to a smiling President Museveni after a meeting of both parties. Later on, it was Robert Kafeero Ssekitooleko's turn to catch the president's attention. In September 2016, the Nakifuma MP tried in vain to table a private member's bill that was seen as a ruse to lift the presidential age limit in the Constitution. On the face of it, the bill aimed to raise the retirement age of judges and give electoral commissioners an extended tenure but, under the surface, it was believed to be targeting Article 102(b). The Nakifuma MP's move collapsed on September 13, 2016 after Speaker of Parliament Rebecca Kadaga directed that the motion be shelved until government tables an omnibus bill with all constitutional amendments therein. Ssekitooleko is now understood to be part of a group of MPs actively working to figure out how the age-limit clause can be set aside. Others, according to our sources, are, John Bosco Lubyayi (Mawokota South), Simeo Nsubuga (Kassanda South), former FDC treasurer Anita Among (Bukedea Woman), Arinaitwe Rwakajara (Workers), Peter Ogwang (Usuk) and Jacob Oboth-Oboth (West Budama South). Asked about the Constitution (Amendment) Bill, Rwakajara told The Observer on Saturday that he will support it when it comes to parliament. "Let it come to parliament and we see the details. I will support it," Rwakajara said. Yet any attempt to lift the age-limit will most likely set off protests from some sections of the public, opposition groups and civil society activists. Godber Tumushabe, the executive director of the Great Lakes Institute for Strategic Studies (GLISS), told NYUMABANI on Saturday that government's insistence on pushing forward with the amendment shows they don't have the interests of citizens at heart. "This government no longer works for the people. It works for itself and President Museveni. What Museveni wants is what becomes law," Tumushabe said. Betty Nambooze, the Mukono municipality legislator, told NYUMBANI last week that the opposition would rise up against any attempt to lift the presidential age-limit. "I call upon all well-meaning Ugandans to join us in the struggle against dictatorship. We shall not sit by and watch as Museveni tampers with the Constitution."
“The same people who betrayed Mobutu are now with Kabila, telling him he’s God, telling him he’s whatever. It’s bullshit.” Moïse Katumbi:credit NYUMBA For a man many see as the natural heir to the presidency of the vast and populous Democratic Republic of Congo (DRC), Moïse Katumbi cuts a fairly reserved figure. A gentle and sometimes bashful tycoon-turned-politician, one gets the sense that if he were his biblical namesake, his instinct would be to strike a behind-the-scenes deal with the Red Sea rather than command it to part with a booming authority. Whatever his approach, however, it has put him in good stead. The son of a Jewish father from Greece and a Congolese mother, Katumbi, now a youthful 52, first made his mark in business. He inherited a role in the already-successful family company in Katanga province, but expanded its activities in mining and logistics. All of which helped make him one of the Congo’s richest people. From 2007 to 2015, he was governor of Katanga, which saw impressive economic growth and development. Under his presidency of the Lubumbashi football team TP Mazembe, the club has won the African Champions League three times. Now Katumbi wants to be president of the country. If free and fair elections were held, he probably would be. He has significant popularity and the support of much of the opposition. But when he’ll get a chance to test this hypothesis is anyone’s guess. President Joseph Kabila, who has led the DRC since 2001, was meant to step down when his second mandated term expired on 19 December 2016. But he simply failed to organise elections. Protests escalated until an agreement was made on 31 December that a transitional government would be established − with Kabila still as president − and that elections would be held in 2017. Yet more than halfway through the year, the polls are no closer and the electoral commission recently announced that they have been delayed indefinitely. Moreover, in 2016, Katumbi was sentenced to 36 months in absentia for selling a property illegally. The charges are widely considered to be politically-motivated, but they mean he is stuck in exile in Brussels. African Arguments caught up with the wannabe Congolese president: You’ve said repeatedly now that you’ll be returning to the DRC shortly. Do you know when yet? I’m going as quick as possible. I went with my lawyer to the High Commission for Human Rights in Geneva and got a good answer, so I’m definitely going back. I miss my country and my people. Do you have a date? The date is soon. I’m like a general. I need to plan everything properly. You have much support in the DRC, but many also distrust you, including various grassroots movements that are doing much of the mobilising on the ground today. They see you as someone who’s always lived in luxury, eating at expensive restaurants and flying in private jets, while two-thirds of Congolese live in poverty. Why should they believe in you? In a democracy, not everyone will love you. The majority would like me to run as president. I was first a businessman. 95-97% know the true story about Moïse Katumbi. I was a hardworking person, 30 years in business, a successful businessman. I didn’t go bankrupt. When I started as governor of Katanga, the province was sending $150 million to the national level per annum. After one year, it went to $3 billion because I fought corruption. When I am president, all the people will see the change. They can look on my website, they can talk to Katangese people to see my contribution. How will you convince the doubters? Kabila is attacking me – only me – because he knows in the first round I will win the elections. When I arrived as governor of Katanga, Congo was producing just 8,000 tonnes of copper per annum. I stopped exports of unprocessed material and told people to build new factories. We went from 8,000 tonnes to 1.3 million tonnes. My province was the size of France, with 4.5 million people. Within one year, the population doubled as people came from their provinces to look for good governance and jobs. You criticise Kabila now, but you were very close to him for many years. How are substantively different from him? What specific policy changes would you make if you were president tomorrow? I can’t deny I worked with Kabila. The constitution allowed me two terms, which I did. President Kabila today is illegal. He finished his mandate in 2016. The difference between us first is that I respected the constitution. I didn’t kill anyone. I didn’t jail anyone. What is important is the future. I would first establish the authority of government and law. I’d fight corruption. Create jobs. We need to have a strong economy. How? First, you need energy. Congo has a lot of water and no energy. I would call the private sector and all partners to help us and use money you have locally to improve energy. You need to create the middle-class. Also transparency, which is very important in the mining sector and all sectors. You’ve got the best place for tourism. You have to develop this. And develop education. The future of Congo is not mining but the brains of our young people. And develop agriculture. At the moment, our money is going to other countries for imports. We need to create jobs in agriculture. And the money must go to the central government and be published. You must not violate the budget. The president is going over the budget sometimes by 700%. Surely everyone, including Kabila, would largely agree that all these things are important. What specifically would you do? What I say is that I’ve done it when I was the governor. It’s not just theory. Take education. When I started, we had 300,000 students at school and less than 10% were girls. I built good infrastructure and paid teachers well. We went to over 3 million children after 9 years, 50% of whom were girls. When I began, we were importing 98% of our agriculture. When I left office, we were importing 25%, because I put everyone to work on agriculture. The main difference you emphasise between you and Kabila seems to be that he violated the constitution. If he’d stepped down last year, would he have been a good president? Kabila missed the train. He was supposed to leave on time, not kill the people. If he left, the international community and Congolese would be happy. No matter what he did wrong, people would respect him as the first president to bring democracy. He did good things, he did bad things. Now everything has become very bad because of the killing. From Kabila’s perspective, his strategies have worked. The elections are no closer, while the opposition’s divided. Veteran opposition leader Etienne Tshisekedi has passed away. You’re in exile. And the wealthy businessman and recent critic of Kabila, Sindika Dokolo, has just been sentenced to a year in prison. What’s your plan to change things? These are short manoeuvres. You think Sindika Dokolo can steal $1 million? His father was the first black banker in the country. Because Dokolo is telling Kabila to step down, the president’s only strategy is to take him down with fake charges, like he did with me. He thinks this is successful, but this is a short road. And how will you bring that road to an end? We are bringing it to an end because our constitution gives us the right to remove him. At the moment, he doesn’t have any legal frame. The people are going to chase Kabila because Article 64 of our constitution allows us. We’re going to say “Mr President, the game is over”. In life, you have to always be true. You can’t be clever to more than 80 million people. The end is sure to come this year. Kabila will no longer be president. Yes, but how will you bring this about? At the moment, he seems to hold all the cards. Killings is not a card, killing is evil. But it helps keep him in power. It works for some time. You have read widely. All the people who killed, what is their end? Their end is very bad. Perhaps, but sometimes only after decades of rule. For us, it is not going to take decades. Congo is not other countries. 80 million people need change. Kabila should wake up. Ok, so would you encourage people to go onto the streets to force this change? Yes. I’m also going on the streets and will encourage the people, because today people are dying and no serious investors have come to the country since 2016. Going back to Dokolo, there are rumours the two of you are forming a political alliance. Is this true? Sindika is a Congolese brother first. He’s a businessman and just inaugurated a cement factory in Angola. He works hard. He wants to contribute to change in Congo. You see how they are killing pregnant women and children in the Kasai. Sindika wants change in the country like any Congolese person. Given you share that goal, does it make sense to join forces? Not just the two of us. I was with Sidika Dokolo and Félix Tshisekedi. It’s all the Congolese people, civil society, everyone. We need real change. Congolese people today are determined. I have met a lot of Congolese children born in Europe who want to go back and contribute. Before you resigned from the ruling coalition, you talked to President Kabila. He offered you something, but you declined. What happened in that meeting? I went to see the president to tell him “Mr President, in life there is a time to come to office and a time to go”. I said Congo is not about you, it’s about 80 million people. It’s not about Moïse Katumbi, it’s about the people. I advised him not to continue, but to have the first peaceful democratic transition. The same people who betrayed Mobutu are now with Kabila, telling him he’s God, telling him he’s whatever. It’s bullshit. He should look at how Mobutu was finished because the people of Congo at that time needed change. This interview has been condensed and edited.
Only President Paul Kagame has a chance of winning the 2017 presidential election. And he could stay in power until 2034. President Paul Kagame has been in power since 1994 “More of a coronation than real contest.” That’s how the Kenyan daily The Standard characterised Rwanda’s presidential poll slated for 4 August. It sums up the reality well. In countries with competitive politics, elections are an important moment giving rise to debate and excitement. Not so in Rwanda. Rwandans have become accustomed to polls where everything is settled in advance. This was the case before the genocide, when the country was officially a one-party state. And it has been the case since 1994, after which Rwanda became a de facto one-party state under the Rwandan Patriotic Front (RPF). The current template for elections was set in 2003, when a constitutional referendum and the first post-genocide elections were held. In the run-up to these polls, the last genuine opposition party was banned, while the campaign was marred by arrests, disappearances and intimidation. An EU observer mission noted that, ironically, “political pluralism is more limited than during the transition period”. The polls themselves were replete with allegations of fraud, manipulation of electoral lists, ballot-box stuffing, and flawed counting. Paul Kagame was declared the winner with 95% of the vote. Similar dynamics were seen in the 2008 and 2013 parliamentary elections as well as the 2010 presidential poll. Opposition leaders were arrested and condemned to long prison sentences, while other critical voices were killed or went into exile. In 2010, there were reports of local leaders going from door to door to collect voters’ cards and submitting their ballots for them. The Commonwealth observer mission at the time noted that “it was not possible to ascertain quite where, how and when the tabulation was completed”. Kagame until 2034? The presidential elections in 2010 were expected to be Kagame’s last. He was beginning his second constitutionally-mandated seven-year term and denied that he would seek re-election. He even claimed it would be a failure on his part not to find a replacement and warned that “those who seek a third term will seek a fourth and a fifth”. Nevertheless, many remained sceptical that Kagame would step down, and in May 2013, his position became clearer when Justice Minister Tharcisse Karugarama was sacked shortly after insisting in an interview that Kagame would have to leave power in 2017 in accordance with the law. By this time, a campaign had already started aimed at “convincing” the president to stay in office. In 2015, this culminated in 3.7 million Rwandans signing a petition – some under significant pressure – demanding that parliament enact constitutional changes that would allow Kagame to remain in power. It was claimed that this was a spontaneous action by the people, but it is unlikely such an operation could have been organised without the president’s knowledge and direction. In subsequent “consultations” on the matter held throughout the country, MPs and senators claimed to have only found ten people – out of a population of 11 million – who opposed the initiative. Soon after, both houses unanimously approved a constitutional amendment to be put to a referendum. The proposed revision called for maintaining the two-term limit and reducing term lengths from seven to five years. It also included a crucial provision allowing the incumbent to first run for an additional seven-year term, after which he would be eligible to bid for two more five-year terms. The changes effectively allow Kagame to stay in power until 2034, by which time he would have ruled Rwanda for 40 years. While the issue of term limits has led to protests in many African countries, in Rwanda there was no debate or demonstrations around the December 2015 referendum. This was not surprising given that since the RPF took power, no demonstrations have taken place that were not organised by the regime itself. The amendment passed with 98.3% of the popular vote. On 31 December 2015, President Kagame announced that he would run again, saying: “You requested me to lead this country again after 2017. Given the importance and consideration you attach to this, I can only accept”. The candidates Others also declared their intention to stand in 2017, including a handful of independents, but they have faced significant obstructions. In May 2017, 35-year-old Diana Rwigara announced her candidacy, saying “people are tired, people are angry”. She had previously shown courage in criticising the government and human rights abuses. In the days following her announcement, doctored nude photographs of her circulated on social media. Another aspirant, the Catholic prelate turned politician Thomas Nahimana, was denied access to Rwanda. Meanwhile, Gilbert Mwenedata, claimed that he was refused rooms by hotels in Kigali to hold a press conference to announce his plans. The challenges facing independent candidates are dauntingly high to begin with. To be eligible, they must collect 600 signatures of support, including at least 12 from each of 30 districts. This may not seem much, but in an environment that does not tolerate criticism of the regime, it takes a lot of courage to reveal oneself to be an opposition supporter. Rwigara claimed that local leaders threatened her supporters as they tried to gather signatures. Nevertheless, at least two hopefuls – Rwigara and Mwenedata – claimed to have met this requirement. But the National Electoral Commission (NEC) rejected their candidacies, claiming many of the signatures gathered were invalid. The NEC did not allow the candidates to see their lists to work out which names were disqualified, and several diplomats in Kigali expressed concern over the process. In the end, only one independent hopeful – the little-known former journalist Philippe Mpayimana – made it onto the NEC’s final list. The barriers for political parties are less onerous, and the Democratic Green Party’s (DGP) Frank Habineza was affirmed as the third and final presidential candidate. All other parties announced that they would not field nominees, but instead back Kagame. No level playing field As in previous elections in Rwanda, 2017’s opposition candidates have not faced an easy time or a level playing field in the run up to the polls. While the RPF benefits from vast financial resources through its business ventures, other hopefuls were warned by the NEC against raising funds before being declared eligible. The electoral commission also announced in May that any social media messages by candidates or parties had to be submitted for vetting 48 hours prior to publication. Habineza called the decision “oppressive” and, after strong diplomatic protest, the measure was rescinded in early-June. Opposition parties – in particular the non-registered FDU-Inkingi – have also seen their cadres arrested or disappeared. Amnesty International recently denounced the climate of fear surrounding the elections, saying: “Since the ruling Rwandan Patriotic Front took power 23 years ago, Rwandans have faced huge, and often deadly, obstacles to participating in public life and voicing criticism of government policy. The climate in which the upcoming elections take place is the culmination of years of repression.” In these tense and oppressive circumstances, and given the widespread allegations of manipulation in Rwanda’s previous elections, it is not surprising that the head of the EU delegation in Kigali has said that “you would not lose any money if you bet on Mr Paul Kagame”. Indeed, a 90% or higher victory for Kagame on 4 August seems inevitable in what will be coronation rather than election. All this is underscored by the latest Bertelsmann Stiftung’s Transformation Index (BTI) report in which Rwanda scored a mere two out of ten for “free and fair elections” and “effective power to govern”, and three for “association/assembly rights” and “freedom of expression”.