Suite 309 Span House,
Plot 1 Portal Avenue, Kampala msmalearch@gmail.com
Commissioned to equip
God’s people for Freedom; come, we can accomplish this task together
25th January 2013
Dear partners, friends and fellow Ugandans,
Ref:
A BRIEF ON THE CHALLENGE OF CULTS & SODOMY IN UGANDA
Warm
greetings to you from Arising For Christ and all partners in the National Committee on Cults & False Teachings Awareness, and National
Coalition Against Homosexuality & Sexual Abuses in Uganda.
Thanks
for standing with us and your continued commitment to the campaign against
moral decadence in our country. As you all well remember, 3rd October
will always be remembered in our hearts for on that day, I (Moses Solomon Male),
Pr Kyazze, Pr Sempa, Pr Kaira, Deborah Kyomuhendo and David Mukalazi were
wrongly convicted after being denied our rights to defend ourselves against
tramped up charges and fabricated evidence just because we received, counselled
and referred to Police young men who came to us accusing Pr Robert Kayanja of
sodomizing them.
We
still can’t understand how victims and their Good Samaritans can be framed,
prosecuted and wrongly convicted through the very systems supposed to ensure
justice and redress to the hurt. It compels us to conclude that in this
country, justice happens to be for a privileged few who have power, money and
necessary access to power.
On moral decadence in religious institutions:
Of
much bother is that instead of being part of the solution to moral decadence in
society, our religious entities prove to be part of the problem and
developments indicate that unless we devise new strategies and widen the
campaign against moral decadence, the situation must worsen.
There
is no doubt that clerics are involved in the following:
Ø Inventing all sorts of tricks to defraud their desperate followers under
guise of praying for them. Parishioners have lost their tuition, business
capital, assets, etc to greedy religious merchants.
Ø Sexually taking advantage of the weak and desperate among their
followers (heterosexually or thru sodomy) and using the systems: Police, DPP
and Judiciary to silence them.
Ø Cover ups of fellow clerics and unwillingness to help victims get
redress.
Ø Movement with guns, rings of kanyama’s and armed protection.
As
you may well know, crimes committed on the weak and desperate are so difficult
to fight because many victims fear to speak out or touch the anointed backed by
systems.
Secondly,
when they report, Police mostly sides with culprits because of endemic
corruption in our midst.
So,
creating awareness still proves the best option as we continue with the
campaign against decadence in our spiritual entities which has increased in
recent times because of the so much time we have spent in court over the last 4
years for crimes we have never committed.
On the challenge of homosexuality; you must be aware of the following:
- On 21st Jan 2013, President Barack
Obama’s second inaugural address defined his determination to ensure that
just like women and Black American in USA, even homosexuals get their
rights and all forms of discrimination against them end. This means that
countries like Uganda dependent on foreign aid must either decriminalize
homosexuality or continue criminalizing it and forfeit funding. He sent
out a very strong signal to us that we either cease fire against
homosexuality or face the wrath.
- On 4th Jan 2013, the Church of
England, mother of the worldwide Anglican churches which include the
Church of Uganda, declared its formal recognition of Gay rights and okayed
their consecration into every level of priesthood. This means that would
be icons of morality can no longer bear the mantle of fighting such sexual
perversion. Right thinking people outside clerical circles must do so and
the challenge falls on the media fraternity.
- In 2011, as we were being tortured by the
systems, despite clear laws criminalizing the act and its promotion, homosexuals
in Uganda, supported by the constitution launched a door to door campaign
to make homosexuality acceptable; targeting local communities. About three
weeks ago, Kabuye Najeeb and Kaweesi Joseph were arrested in Kamalimali
Zone Bwaise, taken to Kawempe Police Station and after about a week
without being charged, their lawyers presented a Court Order, Harbious
Corpus and they were freed! Police
claimed there are no laws despite a very good law regime against
homosexuality and related acts as follows:
a.
PENAL CODE ACT 1950
Section 145: criminalizes sex
against the order of nature: sentence, life in jail
Section 146: Criminalises mere
attempts and defines sentence as 7 years in jail
Section 148 criminalises procurement and attempts to procure the
commission of such indecent acts and defines sentence as 7 years in jail
b.
PENAL CODE AMMENDMENT ACT 2007, clearly assented to by H.E the
President:
Section 129 of the Penal Code Act was amended to protect all children below 18 years, both male and female from all sorts of sexual abuses,
exploitations, molestations, etc, be it by heterosexuals and homosexuals. It is
as follows:
129.1 defines life in jail for sexual
activity of any child below 18 years
129.2 defines sentence not exceeding 18
years for attempt to perform sexual act with child below 18
129.3 defines death for anyone who
performs sexual act with any child below 18 years under circumstances defines
in 129.4 where victims is below 14
yrs, offender has HIV, offender is a parent, guardian or in authority over the
victim, victim is disabled, offender is a serial offender.
129.5 defines life in jail for whoever
attempts to have intercourse with victim in circumstances defined under 129.4
129.7 Says:
Ø “Disability” means a
substantial functional limitation of daily life activities caused by physical,
mental or sensory impairment and environment barriers resulting in limited
participation;
Ø “Serial offender” means a person means a person who has a previous conviction for the
offense of defilement or aggravated defilement;
Ø “Sexual act” means:
a)
Penetration of the vagina, mouth or anus, however slight, of any person
by a sexual organ;
b)
The unlawful use of any
object or organ by a person on another person’s sexual organ;
Ø “Sexual organ” means a vagina or a penis
- The
Constitution guarantees homosexuals all rights and freedoms guaranteed to
heterosexuals: ie: articles 21, 27, 29, 32, 36, etc.
Sadly, Parliamentarians continue to deceive Ugandans that they can make
laws against homosexuality without amending the constitution. This is eating
tax payers’ money and taking Ugandans for a ride.
In pushing for their rights and freedoms, homosexuals started with the
1995 constitution and ensured that they were not left out. Then they started their
advocacies so that law suits can start and they get precedents from courts: ie:
o
Lesbians Victor Juliet Mukasa & Yvone Oyo V
Arrtoney General Miscellaneous cause No 24/06, awarded Shs 13 million for
encroachment on their rights to privacy because they were two consenting
adults.
o
Miscellaneous cause No
163 of 2010, Kasha Jacqueline, David Kato Kisuule & Onziema Patience V
Rolling Stone and Giles Muhame: applicants awarded Shs 1,500,000 each for
infringement inter-alia on their rights to privacy by the respondents.
With the constitution interpreted to guarantee
the right to privacy of even homosexuals, no law can effectively handle consenting adults unless the
constitution is amended to exclude them from rights.
The David Bahati ‘Anti Homosexuality Bill’ at a glance looks so attractive and like
a magical savior against homosexuality, but on close scrutiny, its makes it
more difficult for anti – homosexuality crusaders to continue with the campaign
without getting into problems with the systems;
- Part ii section 6 on Confidentiality muzzles the media which
has been our greatest partner in the struggle & breaches articles 41, 29 & 19 of the 1995 constitution.
- Part iii section 9 clause 2 provides: ‘A
person shall not be convicted of homosexuality under this section upon the
evidence of one witness only, unless corroborated in some material
particular by evidence implicating the accused.’ Instead of making it easier to prove homosexuality, convict
offenders and deliver justice and redress to victims, this clause makes it
more difficult to do so.
- Part iii section 14: Failure to disclose
the offence: This clause requires all people in authority to report
homosexuality within 24 hours: This is laying trap for virtually all adult
Ugandans.
This clause turns well positioned Ugandans, including spiritual /
religious leaders, counselors, medical doctors, political and others who
owe their clientele a duty of confidentiality into state informers.
It turns desperate
parents, guardians and household heads into spies on members of their households
and similarly turns employers: directors, managers, supervisors, etc into spies
on the staff sexual lives.
It makes silence a
criminal offence just as speaking out can prove to be a grave unwritten offence
because of high endemic corruption and abuse of the Police, DPP and
judicial systems.
It dismantles all ethical codes of conduct with regard to confidentiality and tramples the freedom of conscience
enshrined in Article 29 of Uganda’s constitution:
Considering all that and more, this Bill must have
been a ploy by the Gay community in Uganda to get out of the closet, backed by
the international community and I am sure they have achieved that. Should
parliamentarians proceed and pass it, then homosexuals will turn to the
Constitutional Court and considering what they have already gained from courts,
they will succeed getting it nullified and all similar laws and then we will
have no law against such acts. What is apparent therefore is that through the
Bill Uganda has been trapped. Unfortunately, Parliamentarians and the bulk of
religious leaders, blindly or out of opportunism, populism and hypocrisy don’t
see this and they continue to push for it to pass!!
The best
way forward on homosexuality:
Ø
Abandon the bill. We have sufficient
laws. Let Parliament clean up the corrupt systems so that these laws can be implemented,
short of that, Parliamentarians are just parasites on Ugandans.
Ø
Sensitize the masses about existence of a
very good law regime.
Ø
Sensitize
people, especially children and youths in schools and communities about the
challenge and dangers of indulgence in homosexuality since thru sensitization, we
have achieved the following:
o
Many
youths who indulged out of curiosity, peer pressure etc and got addicted have
quit.
o
Many
others who turned to it for survival, need, due to pain, etc have quit.
o
Emma
Matovu who started while in Dubai, returned to Uganda & connected with the
LGBT community here quit after watching my presentation on dangers of
indulgence WBS TV
o
Close
to 100 Kyamugolani prison inmates quit after I taught them the dangers of
indulgence.
As usual, we seek your partnership. We greatly thank The Red Pepper for
job well done in exposing Chris Mubiru, who has been plaguing our country:
recklessly sodomizing young boys and women he accesses because of his financial
muscle.
Considering this breakthrough and our nasty experiences with Pr Kitaka,
Pr Kiweweesi, Pr Lesley, Pr Kayanja, Joseph Basaliza and all other sodomy complaints
we have handled, Apostle William Muwanguzi rape of Babra at gunpoint, Pr Yiga’s
sexual orgies and many others we have handled, we are bound to say that as long
as systems remain stinking rotten, corrupt and serving in the best interests of
law breakers, sidelining the systems to expose culprits and sensitizing the
masses still remain our best options.
The struggle
continues and we will not give up no matter how challenging it is when the very
systems that should have helped us are also working against us.
And this I say
without fear, favor or compromise that the Police, DPP and judiciary are
responsible for people’s lack of trust in the systems and resorting to mob
justice. As I have always stated: ‘Mob justice is not a deliberate attempt to
flout the law, but an inner compulsion due to people’s lack of trust in the
judicial and entire law enforcement system based on any previous attempts to
get justice in vain.’
To rebuild people’s trust in the systems, there is need for overhauls of
the systems to weed out injustices. If Parliamentarians can’t, they better quit
otherwise they make Parliament a mockery of Parliament.
Thanks, peace and blessings.
Moses Solomon Male
Pr/
Evangelist / Executive Director – ARCH
Publicity Secretary - National Committee on
Cults & False Teaching Awareness (NCCFTA).
Leader - National Coalition Against
Homosexuality & Sexual Abuses (NCAHSAU)
