Violation of constitutional rights
Ugandan High Court awards journalists damages, finds violation of constitutional rights
The Ugandan High issued an interesting ruling a few weeks ago in he case of Francis Tumwekwasize, Timothy Sibasi and Ibrahim Sadik v. Attorney General. The applicants, journalists for WBS television, launched a constitutional petition in the High Court against the Attorney General for the enforcement of their rights, claiming that police had prevented them from entering a football stadium where several hundred police were living at the time and had beaten them up. The Ugandan constitution provides a special procedure for ‘enforcement of rights’ and the journalists opted to use this rather than launch an ‘ordinary’ claim of assault. After reviewing the facts, the judge overwhelmingly found for two of the applicants (the case of Mr Sadik was dismissed for lack of evidence), holding that “It sounds to me superfluous that a journalist proceeding to cover a newsworthy incident would first require permission to access the venue, in the absence of any evidence that the denial of accessibility was in the interest of public peace and order ... No evidence has been presented to court that the Stadium could not be accessed without any permission and that the applicants were aware of it. In my view the act of denying them access amounted to a breach of their freedom as journalists to inform the public as to the sanitary condition of the Stadium at the time.” The judge goes on to award the applicants USD7,500 each in damages, stating that this amount would “meet the ends of justice, especially in an environment where complaints of Police Constables being trigger-happy are on the increase. Journalists must be protected rather than harassed”.
This judgment - and especially the judge's final words - is about as clear a statement you would get from a court about the deteriorating media freedom situation in Uganda.
Full judgment follows:
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THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGA DA AT KAMPALA
(CIVIL DIVISION)
HCT-00-CV-MC-0036-2009
1. FRANCIS TUMWEKWASIZE
2. TIMOTHY SIBASI
3. IBRAHIM SADIK
APPLICANTS
VERSUS
ATTORNEY GENERAL
RESPONDENT
RULING
The applicants brought this application by Notice of Motion under Article 50 of the Constitution and Rule 3 (1) of the Judicature (Fundamental Human Rights & Freedoms) (Enforcement Procedure) Rules, 2008 (S.l 2008 No.55) for orders of enforcement of Fundamental Human Rights and Freedoms of the applicants allegedly breached by the respondent's agents.
The details are set out in the affidavit of the first applicant, Francis Tumwekwasize. According to him, he was employed by WBS TV as a reporter since 2005. On 27/08/2008 he was assigned by the news editor of WBS to cover a story relating to the sanitary situation at Namboole Stadium. The public had raised concern that the Special Police Constables who were residing in Namboole Stadium had made the stadium unsanitary. He arrived at the Stadium at about 2.00 p.m. in the company of the 2nd and 3rd applicants wearing WBS labels and the van clearly marked WBS Television. On the way to the office of the Stadium management, the trio were accosted with shouts and alarms from several Special Police Constables who barred them from entering the Stadium on account of several newspapers having written condemning the SPCs unsanitary behavior at the Stadiurn. They retreated to their van but could not get out of the gate because the SPCs had closed it. The SPCs arrived at the van, forced it open, pulled them out and beat them with batons, kicks, sticks and metals and took away their cameras and their accessories and set their dogs at them. They were later set free but denied access to the Stadium. All this is denied by the respondent through its servant Laban Muhabwe, a Senior Superintendent of Police, who claims to have been at the Stadium at the time. It is Mr. Muhabwe's averment in the affidavit in reply that there were no Special Police Constables at Namboole Stadium at the time.
At the conferencing the parties agreed on one single point, that is, that the applicants went as journalists to Namboole Stadium on 27/08/08. The rest was disputed.
ISSUES:
1. Whether the applicants were assaulted, battered and molested by the respondent's agents.
2. Whether the acts complained of amounted to a breach of the applicants' freedom of the Press.
3. Whether the acts complained of amounted to cruel, inhuman and degrading treatment.
4. Remedies
Counsel:
Mr. Rwakafuuzi for the applicants.
Mr. Karuhanga for and on behalf of the Attorney General.
I will first deal with the objection raised by learned Counsel for the respondent based on Rule 4 of the Judicature (Fundamental Rights and Freedoms) (Enforcement Procedure) Rules, 2008. This Rule provides that:
"A motion shall not be made without notice to the Attorney General and other party affected by the application."
It is the view of learned Counsel for the respondent that the only notice known at law which can be served on to the Attorney General is the Statutory Notice of forty five days; that failure to serve the notice on the Attorney General makes the application bad in law.
Learned Counsel for the applicants did not file any reply to the said objection.
I am inclined to the view that the notice to the Attorney General referred to in Rule 4 of Section I 2008 NO.55 is different from the Statutory Notice required under Section 2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, Cap.72. I say so because Article 50 of the Constitution provides a relaxed procedure for enforcement of Fundamental rights and freedoms. The procedure pointed out by learned Counsel for the respondent obtains in ordinary suits on plaint under the Civil Procedure Rules.
In Dr. J. W. Rwanyarare & 2 Others vs Attorney General HCMA No.85 of 1993 High Court held that in matters concerning the enforcement of human rights under the Constitution, no statutory notice was required because to do so would result in an absurdity as the effect of it would be to condone the violation of the right and deny the applicant a remedy.
See also: Greenwatch vs Uganda Wildfife Authority & Anor HCMA No.15 of 2004.
I am of the view that a notice to the Attorney General under Statutory Instrument 2008 NO.55 is a statutory requirement whether the Attorney General has been sued or otherwise as long as the matter concerns enforcement of the fundamental rights and freedoms under Article 50 of the Constitution. It shouldn't be confused with a Statutory Notice required in ordinary suits where the notice period is intended for the purpose that the government may investigate the claim and if possible settle it out of court. For the reasons stated above, I would disallow the objection and I do so.
Issue No.1: Whether the applicants were assaulted,
battered and molested by the respondent's agents.
I have already set out in detail the basis of the applicants' claim against the respondent. Mr. Tumwekwasize purports to swear the affidavit on his own behalf and on behalf of his co-applicants, Timothy Sibasi and Ibrahim Sadik. However, there is nothing on record to suggest that he was given any authority by his colleagues to do so.
The affidavit itself contains averments which should have come from the aggrieved persons themselves. For example, he alleges that the 2nd and 3rd applicants were injured when none of them has indicated so in an affidavit sworn by self. He also alleges that the 3rd applicant lost money in the scuffle and yet the alleged loser of the money has not stated so himself. However, the 1st applicant has at least attached a copy of treatment notes to his affidavit, implying that he too was injured and treated at Nsambya Hospital thereafter. Besides, there is an affidavit of Dr. Ingabire showing that she attended to the 2nd respondent at the Hospital. No such evidence is available in respect of Ibrahim Sadik.
This court is acutely aware that a person is competent to swear an affidavit on matters or facts he knows about or on information he receives and believes. And under article 50 (2) of the Constitution, any person or organization may bring an action against the violation of another person's or group's human rights. Whichever way it is done, however, there must be evidence of existence of those facts.
In the instant case, it is evident that the first applicant was at the Stadium. He claims to have been in the company of Timothy Sibasi. I have already indicated that Mr. Sibasi underwent medical treatment with the first applicant. To this extent, there is evidence on which to base the inference that Mr. Sibasi was also at the Stadium. This, however, is not so with Ibrahim Sadik who has neither made any statement on oath or given any evidence to show that he too was treated at Nsambya like his co-applicants. This is particularly important in view of Laban Muhebwa's sworn evidence that he saw two men only in a scuffle with police at the stadium. In view of this evidence and Sadik’s failure to furnish any evidence to court that he too was assaulted and battered as claimed, I'm of the view that his claim cannot stand. It ought to be struck out 3nd I do so.
As to whether Mr. Tumwekwasize and Mr. Sibasi were assaulted, I have considered the affidavit evidence of Mr. Tumwekwasize. He avers that on the way to the Stadium management, his team of journalists was accosted with shouts and alarms from several police constables. They did not stop at shouting. Several of them charged at them, surrounded them and blocked them from entering the said offices. The journalists retreated to their van but the said constables followed them there and set their dogs to bite them. This was in addition to being beaten and kicked and their cameras being taken away. On being taken to one Laban Muhebwa, he ordered that the cameras be returned to them.
Although Mr. Muhebwa denies the alleged mistreatment of the applicants in his affidavit, he does not deny seeing at least two of them at the Stadium. He confirms in paragraph 6 thereof that there was pandemonium at the Stadium and that cameras were confiscated from them. He avers in paragraph 11 that the applicants' report to him was that people who confiscated cameras from them were Special Police Constables. He admits in paragraph 12 that he ordered restoration of the cameras to them. Although he denies existence of Special Police Constables at the Stadium at the time, he does not mention in his affidavit whom he ordered to return the cameras to the applicants and why they had confiscated the said cameras from the applicants in the first instance. But he avers that the applicants exchanged words with those people and “called the police officers Iumpens'”, implying that those people who were attacked, were policemen. None of them was sworn an affidavit to show that they were ordinary police officers and not special Police Constables. Coupled with this is evidence of Dr. S. K. Kiwanuka and Dr. Prossie Ingabire that they treated these two journalists at Nsambya Hospital on the very day of the scuffle at Namboole Stadium. The medical treatment notes show what each journalist was complaining about and how they were treated.
Against all this evidence, we have evidence of Dr. Moses Byaruhanga. Whereas the incident happened in August 2008, Dr. Byaruhanga swore an affidavit on 12/10/2009, over a year later.
From his affidavit, he did not examine any of the applicants to ascertain whether or not they or any of them sustained the injuries alleged. He sat in his office, perused their treatment notes and came to the conclusion that the applicants, 1st and 2nd, were not assaulted. He has in effect rubbished the findings of his colleagues when he did not see the subject matters of those findings, the applicants themselves. I think the respondent's evidence on this point is to say the least absurd. It is of no value.
In law a fact is said to be proved when the court is satisfied as to its truth. The evidence by which that result is produced is called the proof. The general rule is that the burden lies on the party who asserts the affirmative of the issue in dispute. When that party adduces evidence sufficient to raise a presumption that what he asserts is true, he is said to shift the burden of proof: that is, the allegation is presumed to be true, unless his opponent adduces evidence to rebut the presumption.
Applying the above principle to the facts herein, it follows that the burden is on tile applicants to prove that on 27/08/08 they were assaulted, battered and molested by agents of the respondent. As between the evidence of the doctor who did not see the applicants and that of the doctors who saw and treated them, court would obviously go by the evidence of the latter. It is evidence that establishes in a material particular that the applicants were assaulted. It disproves Laban Muhebwa's assertion that they were not assaulted. The applicants have alleged that they were assaulted by Special Police Constables. I have found no evidence to prove otherwise. It is not disputed that Special Police Constables are agents of the respondent. I hold that they are. Applicants 1 and 2 have in my view discharged the burden of proof cast on them by law. On the balance of probabilities, they were assaulted, battered and molested.
I would answer the first issue in the affirmative in respect of 1st and 2nd respondent only and I do so.
Issue No.2: Whether the acts complained of amounted to a breach of the applicants' freedom of the Press.
The applicants are relying on Article 29 (1) (a) of the Constitution. Under this law every person in this country enjoys the right to freedom of speech and expression. This right includes freedom of the press and other media. The defence argument on this point is that the applicants had no rights to access the Stadium without express permission for an express purpose.
Mr. Muhabwe does not state that much in his affidavit. He wvas at the Stadium at the material time. He saw the applicants being molested.
They had identified themselves as journalists attached to WBS TV. He has not offered any explanation as to why his men opted to harass the journalists in a ruthless manner. Free press usually means the right to publish, a right to confidentiality of sources and a right to access information.
It sounds to me superfluous that a journalist proceeding to cover a newsworthy incident would first require permission to access the venue, in the absence of any evidence that the denial of accessibility was in the interest of public peace and order. If the conditions at the Stadium were unsanitary, that was the more reason why they deserved exposure for remedial purposes. No evidence has been presented to court that the Stadium could not be accessed without any permission and that the applicants were aware of it. In my view the act of denying them access amounted to a breach of their freedom as journalists to inform the public as to the sanitary condition of the Stadium at the time.
Issue No.3: Whether the acts complained of amounted to cruel, inhuman and degrading treatment.
On this point, the applicants rely on Article 24 of the Constitution. Under this law, no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.
It is noteworthy that the Consitution itself does not define the terms "torture, cruel, inhuman or degrading treatment." Courts have tried to define them depending on the context.
Learned Counsel for the applicants has drawn to my attention the opinion of one Guy Vassal Adams in connection with this case. His opinion can at best be of persuasive value. It is not evidence that the acts complained of amounted to cruel, inhuman and degrading treatment.
In Victor Mukasa & Anor vs Attorney General HCMC No. 24/06 (unreported) the trial Judge was of the view that the acts of the respondent towards two ladies amounted to torture, cruel, inhuman and degrading treatment. The ladies had suffered humiliation at the hands of LC officials and Police. Each case must of course be decided on the basis of its unique facts and circumstances. There cannot be any hard and fast rule about this. Mr. Rwakafuuzi's argument, if I have understood it correctly, is that a person's dignity is guaranteed by the Constitution and should not be injured by anyone. I accept that argument. Any injury to a person's dignity should therefore be condemned by the courts. The injured person should be compensated in damages.
I have understood the import of this application to be basically about human dignity. These are journalists who went to cover an incident in Namboole but ended up being assaulted and molested by the police in dehumanizing circumstances. It has not been argued that the treatment they received at the hands of the Special Police Constables was in public interest. In my view the acts complained of came within the meaning of cruel, inhuman and degrading treatment as stipulated in the Constitution. I so hold.
I would therefore also answer the third issue in the affirmative and I do so.
Issue No 4: Remedies
The object of an award of damages is to give the plaintiff compensation for the damages, loss or injury he/she has suffered. Money is not awarded as a replacement for other money, but as a substitute for that which is generally more important than money. It is the best that a Court can do in the circumstances of each case.
In Victor Mukasa case, supra, the second applicant was awarded Shs.l0m for torture, inhuman and degrading treatment by her Lordship Stalla Arach Amoko. In Ronald Reagan Okumu & Others vs Attorney General HCMA No. 63/2002, Kania J. awarded the applicants Shs.l0m each for violation of their rights or personal liberty. Learned Counsel for the applicants is of the view that in the present case the torture was more aggravated since it caused injuries and prayed that each applicant be awarded Shs.30m for the torture and degrading treatment. I have already indicated that the applicants were assaulted, battered and molested. In addition they were prevented from reaching the scene of their intended story or even to talk to the Stadium Management. The agents of the respondents earn no credit for such bizarre conduct on their part much as the applicants' cameras were returned to them.
Doing the best I can in the unique circumstances of this case and taking into account the procedure ad opted by the applicants of proceeding by Notice of motion instead of an ordinary suit where damages would be pleaded, strictly proved and properly assessed, an award of Shs. 15,000,000/= (Fifteen million only) to each applicant, i.e. Mr. Tumwekwasize and Mr. Sibasi, whose presence at the Stadium has been proved to the satisfaction of the court, would in my view meet the ends of justice, especially in an environment where complaints of Police Constables being trigger-happy are on the increase. Journalists must be protected rather than harassed. Each applicant's award shall attract interest of 20% per annum from the date of ruling till payment in full.
The two applicants shall also have the costs of the application.
Orders accordingly.
Yorokamu Bamwine
JUDGE
23/03/10
Mr. Rwakafuuzi for applicants
Applicants absent
Elison Karuhanga for respondent
Court:
Ruling delivered.
Yorokamu Bamwine
JUDGE
23/03/2010
English Court of Appeal blasts a path for free speech
The eagerly awaited appeal judgment in BCA v. Singh was published today. It's quite a bombshell (in a good way!) - it cites Milton, refers to classic ECHR Article 10 standards, gives Orwell a nod, adopts a marketplace of ideas philosophy and concludes by proposing a bit of a rethink around the defence of fair comment.
The Lord Chief Justice is playing a blinder here.
On opinion, he says:
"The opinion may be mistaken, but to allow the party which has been denounced on the basis of it to compel its author to prove in court what he has asserted by way of argument is to invite the court to become an Orwellian ministry of truth. Milton, recalling in the Areopagitica his visit to Italy in 1638-9, wrote:
"I have sat among their learned men, for that honour I had, and been counted happy to be born in such a place of philosophic freedom, as they supposed England was, while themselves did nothing but bemoan the servile condition into which learning among them was brought; …. that nothing had been there written now these many years but flattery and fustian. There it was that I found and visited the famous Galileo, grown old a prisoner of the Inquisition, for thinking in astronomy otherwise than the Franciscan and Dominican licensers thought."
That is a pass to which we ought not to come again."
He goes on to say the following, about the nature of "evidence" (in the scientific sense - the case concerned allegations whether or not chiropractic works):
"What "evidence" signifies depends heavily on context. To a literalist, any primary fact – for example, that following chiropractic intervention a patient's condition improved – may be evidence of a secondary fact, here that chiropractic works. To anyone (and not only a scientist) concerned with the establishment of dependable generalisations about cause and effect, such primary information is as worthless as evidence of the secondary fact as its converse would be. The same may equally well be true of data considerably more complex than in the facile example we have given: whether it is or not is what scientific opinion is there to debate. If in the course of the debate the view is expressed that there is not a jot of evidence for one deduction or another, the natural meaning is that there is no worthwhile or reliable evidence for it. That is as much a value judgment as a contrary viewpoint would be."
He then goes on to adopt a US marketplace of ideas standard:
"We would respectfully adopt what Judge Easterbrook, now Chief Judge of the US Seventh Circuit Court of Appeals, said in a libel action over a scientific controversy, Underwager v Salter 22 Fed. 3d 730 (1994):
"[Plaintiffs] cannot, by simply filing suit and crying 'character assassination!', silence those who hold divergent views, no matter how adverse those views may be to plaintiffs' interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. … More papers, more discussion, better data, and more satisfactory models – not larger awards of damages – mark the path towards superior understanding of the world around us.""
And he concludes that the entire common law concept of 'fair comment' is in dire need of relabeling if not a wholesale rethink:
"In an area of law concerned with sometimes conflicting issues of great sensitivity involving both the protection of good reputation and the maintenance of the principles of free expression, it is somewhat alarming to read in the standard textbook on the Law of Libel and Slander (Gatley, 11th edition) in relation to the defence of fair comment, which is said to be a "bulwark of free speech", that "…the law here is dogged by misleading terminology… 'Comment' or 'honest comment' or 'honest opinion' would be a better name, but the traditional terminology is so well established in England that it is adhered to here".
We question why this should be so. The law of defamation surely requires that language should not be used which obscures the true import of a defence to an action for damages. Recent legislation in a number of common law jurisdictions - New Zealand, Australia, and the Republic of Ireland - now describes the defence of fair comment as "honest opinion". It is not open to us to alter or add to or indeed for that matter reduce the essential elements of this defence, but to describe the defence for what it is would lend greater emphasis to its importance as an essential ingredient of the right to free expression. Fair comment may have come to "decay with … imprecision". 'Honest opinion' better reflects the realities."
Time for Strasbourg to stop the abuse of criminal libel laws
Across Europe, criminal libel laws continue to be routinely abused to silence legitimate criticism. In its most extreme form, we see this happen in places such as Azerbaijan, where journalists are serving jail time; but in other countries, too, criminal libel laws are routinely employed against journalists. Because of the availability of prison sentences and often hefty fines, and the fact that a conviction will lead to a criminal record, these laws cast a long shadow and have a serious chilling effect on free speech.
One might have thought that the European Court of Human Rights, in its de facto role as a constitutional human rights court for Europe, would have picked up on this and have issued an unequivocal ruling stating that the use of criminal libel laws, particularly when prison sentences are available, violates the right to freedom of expression. It would be a useful ruling to issue. It has had appropriate cases before it.
Unfortunately, it has not done so. In a series of recent cases, it has come close though. In its recent decision in Gavrilovici v. Moldova (15 December 2009, Application no. 25464/05), the Court stated: "[T]he Court recalls that imposing criminal sanctions on someone who exercises the right to freedom of expression can be considered compatible with Article 10 “... only in exceptional circumstances, notably where other fundamental rights have been seriously impaired” (par. 60)
Similarly, in Bodrožić and Vujin v. Serbia (23 June 2009, Application no. 38435/05) the Court held: "[R]ecourse to criminal prosecution against journalists for purported insults raising issues of public debate, such as those in the present case, should be considered proportionate only in very exceptional circumstances involving a most serious attack on an individual’s rights (para. 39)"
And in its decision in Cumpănă and Mazăre v. Romania (17 December 2004, Application no. 33348/96), the Grand Chamber explained – in relation to the imposition of a prison sentence – that such exceptional circumstances might include “cases of hate speech or incitement to violence” (para. 115; see also Mahmudov and Agazade v. Azerbaijan, par. 50).
Also last year, the Court held in Długołęcki v. Poland (Application no. 23806/03, 24 February 2009) that “when a statement, whether qualified as defamatory or insulting by the domestic authorities, is made in the context of a public debate, the bringing of criminal proceedings against the maker of the statement entails the risk that a prison sentence might be imposed” (par. 47); and see again, mutatis mutandis, Mahmudov and Agazade v. Azerbaijan, (Application no. 35877/04, 18 December 2008) para. 51).
While all these statements are helpful, in none of these cases did the Court go so far as to state that criminal libel per se violates freedom of expression. It probably wasn't necessary for it to do so on the facts before it - but it would have been useful had the Court taken a step back, assessed its backlog of Article 10 cases, realised many of them concerned criminal libel convictions and entered a categorical judgment of principle.
What the Court has done is refer to the availability of civil law remedies when it has found that the imposition of criminal sanctions on speech violated Article 10. For example, in Mahmudov and Agazade v. Azerbaijan the Court took into consideration that the criminal sanction imposed in that case “was undoubtedly very severe, especially considering that lighter alternatives were available under the domestic law” (at para. 50). And in Lyashko v. Ukraine (Application no. 21040/02, 10 August 2006), the Court held: "[T]he dominant position which the Government occupies makes it necessary for it to display restraint in resorting to criminal proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries or the media." (par. 41f) The latter is in fact the standard Castells v. Spain statement re-hashed and with some emphasis added - but the Court could have gone much further.
There are in fact numerous cases where the Court has held that the use of civil law remedies in defamation is to be preferred over criminal law remedies (see, for example, Fedchanko v. Russia, 11 February 2010, Application no. 33333/04; Krutov v. Russia, 3 December 2009, Application no. 15469/04; Lombardo and others v. Malta, 24 April 2007, Application no. 7333/06). In Raichinov v. Bulgaria (20 April 2006, application no. 47579/99), the Court stated that "the assessment of the proportionality of an interference with the rights protected thereby will in many cases depend on whether the authorities could have resorted to means other than a criminal penalty, such as civil and disciplinary remedies" (par. 50).
Similarly, in Kubaszewski v. Poland (2 February 2010, Application no. 571/04), the Court emphasised that “the party who felt offended had recourse to means of civil law which, in the Court's view, are appropriate in cases of defamation" (par. 45).
All of this is helpful - but it stops short of what's really needed: a categorical statement denouncing criminal libel as a violation of freedom of expression. It's always a case of so close, yet so far.
The time has now come for it to make that final step. Criminal libel violates freedom of expression. Look at the annual reports of the CPJ, RSF, Article 19 and dozens other free speech groups, domestic and international. Criminal libel laws are abused to restrict legitimate journalism. The European Court is in a position to do something about it - now do it.
The case of Makarenko v. Russia will be before the Grand Chamber selection panel soon and presents an ideal opportunity. My plea to the Panel: accept the case, and let the Grand chamber issue a suitably Grand judgment and rid the continent of one of the most abused pieces of law around.
Posted by mwesigye herbert at 1:20 AM 0 comments
Monday, September 14, 2009
THE FOUR DYNAMICS OF TRANSFORMATION
There are five key attributes of a healthy leader:
• Christ.
• Community.
• Character.
• Calling.
• Competencies.
Thus, a healthy Christian leader is a man or woman who knows God, was formed and lives in supportive and accountable community, has strong character, knows the purpose of God and presents it with credibility, clarity and passion, and has the necessary gifts, skills and knowledge to lead the people in the accomplishment of this purpose – and is continually growing in all five areas.
Whether or not one embraces our particular “5C Model,” everyone agrees that we must build the whole person. Certainly, no one seems to be arguing that we should build Christian leaders who don’t know God, or who don’t have character, and so forth!
But how can we build the whole person? It’s very easy to say that we need to do this. How can we actually build union with Christ, relational capacity, integrity, vision and practical ministry capacities in an emerging or existing leader?
There is no guaranteed formula for doing this. However, biblically, there are consistent dynamics that are effective in changing people’s lives. In addition, our own experience affirms the power of these dynamics. After 30 years of walking with God, studying the Scriptures, leading churches and building leaders, we have experienced and observed, over and over again, four particular dynamics that bring transformation to people’s lives. These are the “Four Dynamics of Transformation.”
This idea of Four Dynamics – the 4Ds – is so simple and yet so powerful. We already know this intuitively; it’s commonsense. There are four dynamics that bring transformation of life:
• Spiritual – the transforming power of the Holy Spirit (connecting with God).
• Relational – the transforming power of relationships with others (connecting with people).
• Experiential – the transforming power of life’s experiences (connecting with life).
• Instructional – the transforming power of the Word of God (connecting with Truth).
This was the practice of the early church:
They devoted themselves to the apostles’ teaching and to the fellowship, to the breaking of bread and to prayer. (Acts 2:42)
They were “devoted” to all four dynamics:
• the apostles’ teaching – instructional.
• fellowship – relational.
• the breaking of bread – experiential.
• prayer – spiritual.
This is how lives were changed in the New Testament church!
This was how Jesus built His emerging leaders.This was how Paul ministered the Gospel:
…our gospel came to you not simply with words, but also with power, with the Holy Spirit and with deep conviction. You know how we lived among you for your sake. You became imitators of us and of the Lord; in spite of severe suffering, you welcomed the message with the joy given by the Holy Spirit. And so you became a model to all the believers in Macedonia and Achaia. (1 Thess. 1:5-7)
Once more, all 4Ds were present:
• our gospel came to you not simply with words – instructional.
• but also with power, with the Holy Spirit and with deep conviction – spiritual.
• You know how we lived among you for your sake – relational.
• You became imitators of us and of the Lord – experiential.
• in spite of severe suffering – experiential.
As a result, the lives of the Thessalonians were transformed and they became “a model to all the believers.”
How the 4Ds Work
Through the spiritual dynamic, we come face-to-face with the inward Presence of the Holy Spirit, who transforms us:
And we all, with unveiled face, beholding the glory of the Lord, are being transformed into the same image from one degree of glory to another. For this comes from the Lord who is the Spirit. (2 Cor. 3:18, ESV)
Through the relational dynamic, we connect with people who reveal Christ to us and transform us:
From him the whole body, joined and held together by every supporting ligament, grows and builds itself up in love, as each part does its work. (Eph. 4:16; cf. Rom. 12:5; 1 Cor. 12:7; 1 Pet. 4:10)
The experiential dynamic includes the impact on us of many kinds of life’s experiences. For example, in the sufferings, challenges and pressures of life, we go beyond our own capacities to succeed and, in a deeper way, look to God for His help, and we are changed:
… We were under great pressure, far beyond our ability to endure, so that we despaired even of life. Indeed, in our hearts we felt the sentence of death. But this happened that we might not rely on ourselves but on God, who raises the dead. (2 Cor. 1:8-9)
In the instructional dynamic, we are changed by the Word of God, by the power of Truth:
… and how from infancy you have known the holy Scriptures, which are able to make you wise for salvation through faith in Christ Jesus. All Scripture is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness, so that the man of God may be thoroughly equipped for every good work. (2 Tim. 3:15-17)
When all 4Ds are strongly present in a leader development design, spiritual life is nurtured, relational capacities are strengthened, character is developed, calling is clarified and deep leadership capacities are built. This is how healthy leaders are built.
The 4Ds in Leader Development Design
If we are to build the whole person, our leader development design must strongly be:
• Spiritual. We must bring our emerging leaders face-to-face with God through prayer, fasting, meditation in the Word of God, forgiveness, reflection and encounters with the Holy Spirit.
• Relational. Healthy leaders are built in a context of genuine relationships with other people who are their mentors, coaches, role models, leaders, teachers, friends, and spiritual mothers and fathers.
• Experiential. Leader development is a hands-on experience. People learn by doing, especially when they are challenged. Pressure is also essential in the formation of a leader.
• Instructional. The teaching of the Word of God must be practical, relevant and engaging.
To build healthy leaders, all Four Dynamics of Transformation must be strongly present; none can be neglected, all have the highest priority. This is the true challenge of Christian leader development – to design and cultivate transformational cultures of leader development.
Posted by mwesigye herbert at 11:19 AM 0 comments
Thursday, February 5, 2009
GADDAFI AND TOORO QUEEN MUM IN LOVE Col. Gaddafi
The Untold Story
The magnificent mansion, built about in 2005, is located inside a high perimeter wall, sharing a compound with another which was bought by Mrs. Kellen Kayonga, the proprietor of ASKAR, a company that recruits Ugandans to go to Iraq to work as guards. The house is currently being occupied by Jovia Saleh who is Kellen's sister.
The Libyan leader sent the money to buy the house for his loved Queen of Toro, through the Uganda Moslem Supreme Council which gave it to Hassan Basajjabalaba.
Why Gaddafi Bought Best A Mansion
Gaddafi had been told by his aides in Kampala that Kemigisa was staying in an unfitting residence in Muyenga. She therefore needed a more befitting residence. Gaddafi had also been told that Kemigisa was neighbouring a super rich man's residence where she would go for sauna, massage and steam bath. The aides told the great leader that the people in the neighbour's house would always get optical nutrition of the Queen's curvy body as she would be passing in the corridors dressed in a wet kalesu stuck to her body and bringing out all the curves.
Gaddafi was not happy with this revelation and ordered his accountants to wire the money immediately to buy a posh residence with all those facilities fitted in.
Posted by mwesigye herbert at 7:57 AM 0 comments
Saturday, January 31, 2009
The Impact of Computers on Mass Media Houses
Computers are electronic devices that enable communication. MEDIA Houses are organizations that disseminate information to the general public. They include newspaper organizations, broadcasting stations, magazine publications, television station online media and publishing houses. This industry has been changing due to the use of computers this discussed at length in this assignment. One of the biggest sources of change is the influence of new technology that leads into the shift of old journalism to the new journalism.
GROWTH OF MEDIA TECHNOLOGY
In a few short years, digital technology has become an integral part of media production and distribution. It has also established itself as a communication medium rivaling print and broadcast. As such, digital technology is the new media technology of today and the future. Professionals in journalism, public relations, advertising, broadcast, and mass communications are being confronted with a new and still evolving media landscape. Historically, media technologies have taken many years to go through stages of development, introduction, adoption, and wide acceptance. The current media technology has exploded in less than a decade and is continuing through development with no end in sight rather than growing to maturity. Theorists and practitioners alike are not yet able to predict the direction of the technology or its effects. It is still changing too rapidly.
EFFECT OF COMPUTER TECHNOLOGY ON MEDIA PROFESSIONALS
Modernization in media industry really affects the life of media personality. They also bothered by these changes. It affects on the way of their thinking that develops changes in mass media. It makes their work easier and faster but also puts their selves into risk. Many transaction got failure in processing. Some lose their credibility and professionalism. Similar to overall culture changes, the media profession changes as it is influenced by technology. The technology once handled by specialists and consultants is becoming part of all media professionals’ jobs. Magazines, television programs, and newspapers are publishing on the Internet in an attempt to "cross benefit" by having two media products states by Beam in 1997. Media professionals must also understand some practical theory of new media technology. As an example, print and broadcast journalism are changing as length of story becomes less of an issue due to the incorporation of hyper linking.
COMPUTER TECHNOLOGY THREATENS THE EXISTENCE OF MEDIA PROFESSIONALS
The level of their career and profession as well is not already highly regarded since everybody can act as a media practitioner. New media technology is digital technology applied to mass communications. Obviously, the Internet is new media technology. So are satellite and cable data transmission, computer assisted research, multimedia publishing, and even word processing.
The technology changes the way all media are produced, distributed, displayed, and stored. It can provide different medium to be used in giving out of information for every individual that have knowledge and capacity to access on it. It will push for some individual to become a public servant through on line service wherein citizen journalism occurs. Through this high technology, becoming a media personality is viable because you can have it without earning a degree. Life of a media personality nowadays is influenced by these technologies. Changes seriously affect our media status as a whole.
THE MASS MEDIA REVOLUTION STARTED BY COMPUTERS.
It is about the digital world. No more using of the manual procedure. The modernization that we enjoy today continues in this revolution. It is about living in cyber space. Everything is done through new technology. No one can be called master or leaders, all of us can do impossible things. It sounds like we breathe through technology, for without it we will die. Life is very easy there is no more going outside of your house to have something. Things will happen in just one click. It is all about computer-generated life. Life is very simple. Work becomes faster and easier. Media practitioner does no longer exist in print or radio it is all about digital television. Telephone is already in the form of hologram. People are getting closer and closer.
COMPUTER EFFECT ON ETHICS OF JOURNALISM:
New Journalism vs. Old Journalism
Technology moves faster and faster and it will contributed a lot of benefits that people will embrace to survive. Going back, they say that journalist is more credible in old journalism than the new journalism but I did not agree with it. Attitude and ethics implied in both situations. It only matters on the writers on how they will apply it. On the other hand I believe that one of traditional journalism’s vital roles will be to help society become more media literate.
This will rebound to the benefit, perhaps, of professional Journalists, but that’s not a good enough reason by itself to do it. Society needs the help. Therefore, it is important to have enough knowledge and ideas about technologies to become a good communicator. Through these new media technologies it is easy for our media persons to help improve the society and have a better nation. In this revolution mass media in the Philippines can already compete globally as an effective and credible journalism.
All in all, Computers have benefited Media houses greatly.
Posted by mwesigye herbert at 9:10 AM 0 comments
IMPACT OF COMPUTERS ON MEDIA HOUSES
To some journalists like many members of the society, computers are nothing other than just a replacement of manual typewriters. For them, the only use of computers is the keying in of articles. If they go a little bit far then it’s receiving and sending e-mails. Just that and nothing more! But the question is, were computers and other Information and Communication Technology (ICT) tools meant for such a limited purpose? The Oxford Advanced Learner’s Dictionary describes technology as the way in which scientific knowledge is put into practical use. This means that the scientific knowledge is now used to provide solution to a certain problem. From time immemorial man invented various tools to improve the quality of his life. Good examples of early technologies were simple tools such as axes, spears, bows, arrows and the like. With time, man has continued improving them so that they stand the test of time and need. As a result, we now talk of automotives, aircrafts, computers, Internet and many more. The technological changes have not spared journalism either. An ICT writer, Kwami Ahiabenu of International Institute for ICT Journalism (Penplusbytes) of Accra-Ghana, in his book Introduction to ICT Journalism says that though journalism is an old profession, it is not static. ”As time goes on we are all striving to improve the quality of journalism. ICTs when utilized appropriately can provide us with a powerful tool for improving and maintaining quality of journalism,” he says. Now what are the ICTs and ICT journalism? Ahiabenu describes ICTs as the whole range of technologies that facilitate communication, the processing and transmission of information by electronic means and they include, though not restricted to, computers, Internet, mobile phones, digital cameras and many more. On the other hand, Ahiabenu defines ICT Journalism as the use of ICT tools in journalism. Journalists can make use of ICTs in the gathering and researching information to be used in news stories and distribute the stories to a wide range of audience (s) worldwide. For instance, nowadays ICTs have made it quite easy to disseminate information more quickly and thus the news circle has become shorter. Likewise the quality of news has also improved because with technology at our disposal, journalists can verify the information that they want to use in their stories by cross checking with other sources or finding background information. So if there is an accident of a ship sinking in Lake Victoria, for instance, one could go to search engines such as www.google.com and ask for background information of ship accidents on the Lake and thus add in his/her story as background. Again if one is not sure of the right spelling of, let’s say, the President of Russia he/she could go to www.question.com and type the question and the right name would come by a single click! Ahiabenu says that ICT is a new and exciting area as it offers a lot of unlimited opportunities and he thus urges journalists to invest time and energy for harnessing the opportunities, which have the profound positive impact on our professional life. For instance, according to another renowned ICT Journalism writer, Gray Hanson, computers have played a major role in journalism and mass communication. As early as 1956, computers started to replace manual typewriters and major media organizations could afford computer-based technologies. Today computers have become part and parcel of most newsrooms though in most developing countries like Tanzania, some newsrooms do not have the benefit of having the full array of computers. Most newsrooms find it hard to have enough numbers of well-equipped and modern computers for each staff and thus make journalists scramble for the few computers available. On the other hand, Internet subscription fees have also become far above what the media houses can afford and thus deny the journalists opportunities of finding information from various websites. However in some cases journalists themselves show little or no interest at all in coping with the technological changes and thus render ICT tools like computers in their newsrooms useless except for emails and typing news stories. On his side, Kunda Chinyanta Mwila, a Zambian website development specialist says that the introduction of ICTs has led to a change in typesetting, layout, designing and printing infrastructure at most African newspapers. Besides having a long experience in journalism, Mwila is also a vice Board Chairman of the Media Institute of Southern Africa (MISA). ”Nowadays we no longer heavily rely on telex of fax machines to send or receive information materials, instead many newspapers use e-mail and computer networks for such purposes,” he says. Mobile and satellite telephones, and the general improvement of landlines have made it possible for newspapers and other media houses to get stories from a reporter stationed anywhere in the world, he adds. However, he admits that the most prominent reason for failure by media houses to fully incorporate ICT in their daily operations is financial constraint because many of them can’t afford buying sufficient number of computers for their workers. Again he says, in rural Africa there is no infrastructure to support the existence and the availability of ICTs and that even where they might exist, the cost is so high above the reach of majority of media houses. But he is optimistic that once fully adopted and adapted, ICTs will transform newsrooms into cabled and networked centres with all journalists discharging stories onto a network, editors picking them before sending them for page setting and publication. ”This will enable newsrooms to efficiently coordinate material, communicate easily with all members of staff and easily send the materials for publication or broadcasting,” Mwila says adding:”Thus instead of individuals getting a copy from one desk to another, ICTs will enable the copy and other articles to flow on computer local area network (LAN) within the newsroom, drastically reducing the time lag in passing materials.” ICTs also helps a lot in the whole process of information and knowledge management in the media houses and thus enable all the journalists and the rest of the members of staff to keep pace in their day to day work. Now the challenge is to all Tanzanian journalists and media houses to see to it that we make maximum use of the ICTs so as to ensure accuracy, good flow and efficiency in our day-to-day work. We like it or not, there is no hiding place from the technological advances and it’s upon us to appreciate and understand this as early as possible so as not to be left dragging our feet behind the rest of the world.
Posted by mwesigye herbert at 7:30 AM 0 comments
Christ Builds Community and Community Builds Christ
In the western church, Christianity is largely understood as an individual thing – a personal transaction between the individual and God. Consequently, leader development is also understood, largely, in individual terms – the individual learns and grows in an essentially individualized learning environment and then, once qualified, he performs his ministry and fulfills his personal calling.
In the New Testament, however, there is a very close relationship between the church and the leader’s maturing union with Christ.
Of course, “church” does not refer to an institution, nor merely to a weekly meeting on Sunday morning. The New Testament church is a true spiritual Community – the lives of the saints joined together in the Presence and love of God, growing together, serving together and building each other toward corporate maturity in Christ.
This relationship between the leader’s union with Christ and the life of the Community can be expressed in two fundamental ways: Christ builds Community, and Community builds Christ.
First, “Christ builds Community” means that the leader’s union with Christ will be expressed in the leader living together with others in the Community in a spirit of self-giving love, of true servanthood.
There is a spectacular description of this in the first four verses of Philippians 2.
If you have any encouragement from being united with Christ, if any comfort from his love, if any fellowship with the Spirit, if any tenderness and compassion, (Phil. 2:1)
Paul writes beautiful words about union with Christ in verse 1, referring to the believers’ experience of union with the Triune Godhead and our participation in the great eternal fellowship of His Self-giving Love.
any encouragement from being united with Christ – the motivating and “encouraging” Presence of Christ in our lives, inwardly and actively directing us to Truth, to holiness, to servanthood, to life (Gal. 4:6; 1 John 3:24; 4:13; 5:10; John 14:26; 16:13-15; Rom. 8:14-16).
any comfort from his love – the inward comfort of the love of God, as we go through various sufferings, which comfort then becomes the source of our comfort to others (2 Cor. 1:4-5).
if any fellowship with the Spirit – the continual experience of inward fellowship with the Holy Spirit, as the Spirit reveals the Father and the Son (John 14:21-23; 2 Cor. 13:14).
These are extraordinary words of Life; a clear articulation of the inward reality of knowing God, living in His Presence, living by His Life; a high expression of our invitation to participate in the eternal, self-giving Love of the Godhead – as the Father loves the Son and gives Himself fully to Him, as the Son loves the Father and gives Himself fully to Him, as the Holy Spirit receives the love of the Father and the Son and gives Himself fully to them.
In this context, are Paul’s next words: if any tenderness and compassion. The direct result of the inward life of God by His Spirit is tenderness and compassion toward one another! This is the fruit of Divine fellowship, the mark of those who know God (1 John 4:7-12). If we live in union with Christ, it will be expressed in self-giving love toward one another.
The next result of the indwelling life of Christ, according to Philippians 2:2, is unity:
then make my joy complete by being like-minded, having the same love, being one in spirit and purpose. (Phil. 2:2)
The Source of church unity is not organizational mechanics, but the eternal unity of the Godhead (John 17:21) – the eternal exchange of self-giving love within the Godhead; we are now corporately invited into participation in this unified fellowship (John 16:13-15)!
Then, in verses 3-4, Paul describes the practical outworking of their life together (v. 2) which proceeds from the inward life of Christ (v. 1).
Do nothing out of selfish ambition or vain conceit, but in humility consider others better than yourselves. Each of you should look not only to your own interests, but also to the interests of others. (Phil. 2:3-4)
What follows, in verses 5-11, is the supreme Example of this self-giving love proceeding from Divine Life – the Lord Jesus, who did not “grasp” the rights, rank, honor and glory (the “form”) of Deity, but temporarily gave them up (“emptying Himself”), for the sake of those He loved. We are to do the same thing – and it all comes from inward Divine Life.
Christ builds Community! The inward life of Christ in the believer’s (and leader’s) life builds Community.
Thus, if you know God, you will serve your brother. If you love God, you will forgive your brother. If you walk with God, you will be patient and longsuffering toward your brother. If you live in God’s Presence, you will honor and prefer your brother before yourself. This is true spiritual ministry; this is the healthy leader.
…I urge you to live a life worthy of the calling you have received [being filled with the fullness of God, as described in chapters 1–3]. Be completely humble and gentle; be patient, bearing with one another in love. Make every effort to keep the unity of the Spirit through the bond of peace. (Eph. 4:1-3)
We know that we have passed from death to life, because we love our brothers… (1 John 3:14)
Dear friends, let us love one another, for love comes from God. Everyone who loves has been born of God and knows God. (1 John 4:7)
As we love one another, we love Him. As we enjoy one another, we enjoy Him. In caring for each other, we care for Him. In opening our hearts and lives to one another, we invite His Presence. In serving each other, we kiss His feet. In pouring out our lives for one another, we pour out His love back to Him. As we prefer one another, we give Him the pre-eminence. As we behold each other, we perceive His beauty. As we embrace one another with self-giving love, we taste His sweetness. As we wash each other’s feet, we smell His fragrance.
Jesus dwells in His church – to love and to be loved. As we love one another, quickly and imperceptibly the one love passes over into the other, and we love Him. As we fellowship with each other, quietly and almost unnoticeably we come in contact with Him. And the loving fellowship with which we embrace our brother ascends to that with which we love God, and we are united together in the eternal love and fellowship of the Godhead.
No one has ever seen God; but if we love one another, God lives in us and his love is made complete in us. (1 John 4:12)
No one has ever seen God (1 Tim. 6:16), but when we love one another out of His indwelling, self-giving love, we do see Him, we do hear Him, we do touch Him!
Church life is both a foretaste and a beginning of everlasting life. As we love one another, we participate in the eternal love and fellowship of the Godhead, joyfully awaiting the fullness of this union, in the realm which is to come. (Quoted from In Him Was Life by Malcolm Webber.)
Healthy Leader Development
This is why Community-integration is key to healthy leader development – Christ expresses Himself in Community!
Leader development processes that are separate from, or token add-ons to, the life of the spiritual Community, do not build life, do not build character, do not build godly vision, do not build healthy leaders
Posted by mwesigye herbert at 7:29 AM 0 comments
Friday, January 30, 2009
GOOD LEADERS ARE MADE NOT BORN.
If you have the desire and willpower, you can become an effective leader. Good leaders develop through a never ending process of self-study, education, training, and experience. This guide will help you through that process.
To inspire your workers into higher levels of teamwork, there are certain things you must be, know, and, do. These do not come naturally, but are acquired through continual work and study. Good leaders are continually working and studying to improve their leadership skills; they are NOT resting on their laurels.
Before we get started, lets define leadership. Leadership is a process by which a person influences others to accomplish an objective and directs the organization in a way that makes it more cohesive and coherent. Leaders carry out this process by applying their leadership attributes, such as beliefs, values, ethics, character, knowledge, and skills. Although your position as a manager, supervisor, lead, etc. gives you the authority to accomplish certain tasks and objectives in the organization, this power does not make you a leader, it simply makes you the boss. Leadership differs in that it makes the followers want to achieve high goals, rather than simply bossing people around.
Bass' (1989 & 1990) theory of leadership states that there are three basic ways to explain how people become leaders. The first two explain the leadership development for a small number of people. These theories are:
Some personality traits may lead people naturally into leadership roles. This is the Trait Theory.
A crisis or important event may cause a person to rise to the occasion, which brings out extraordinary leadership qualities in an ordinary person. This is the Great Events Theory.
People can choose to become leaders. People can learn leadership skills. This is the Transformational Leadership Theory. It is the most widely accepted theory today and the premise on which this guide is based.
When a person is deciding if she respects you as a leader, she does not think about your attributes, rather, she observes what you do so that she can know who you really are. She uses this observation to tell if you are an honorable and trusted leader or a self-serving person who misuses authority to look good and get promoted. Self-serving leaders are not as effective because their employees only obey them, not follow them. They succeed in many areas because they present a good image to their seniors at the expense of their workers.
The basis of good leadership is honorable character and selfless service to your organization. In your employees' eyes, your leadership is everything you do that effects the organization's objectives and their well-being. Respected leaders concentrate on what they are [be] (such as beliefs and character), what they know (such as job, tasks, and human nature), and what they do (such as implementing, motivating, and providing direction).
WHAT MAKES A PERSON WANT TO FOLLOW A LEADER?
People want to be guided by those they respect and who have a clear sense of direction. To gain respect, they must be ethical. A sense of direction is achieved by conveying a strong vision of the future.
The Ugandan High issued an interesting ruling a few weeks ago in he case of Francis Tumwekwasize, Timothy Sibasi and Ibrahim Sadik v. Attorney General. The applicants, journalists for WBS television, launched a constitutional petition in the High Court against the Attorney General for the enforcement of their rights, claiming that police had prevented them from entering a football stadium where several hundred police were living at the time and had beaten them up. The Ugandan constitution provides a special procedure for ‘enforcement of rights’ and the journalists opted to use this rather than launch an ‘ordinary’ claim of assault. After reviewing the facts, the judge overwhelmingly found for two of the applicants (the case of Mr Sadik was dismissed for lack of evidence), holding that “It sounds to me superfluous that a journalist proceeding to cover a newsworthy incident would first require permission to access the venue, in the absence of any evidence that the denial of accessibility was in the interest of public peace and order ... No evidence has been presented to court that the Stadium could not be accessed without any permission and that the applicants were aware of it. In my view the act of denying them access amounted to a breach of their freedom as journalists to inform the public as to the sanitary condition of the Stadium at the time.” The judge goes on to award the applicants USD7,500 each in damages, stating that this amount would “meet the ends of justice, especially in an environment where complaints of Police Constables being trigger-happy are on the increase. Journalists must be protected rather than harassed”.
This judgment - and especially the judge's final words - is about as clear a statement you would get from a court about the deteriorating media freedom situation in Uganda.
Full judgment follows:
=========================
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGA DA AT KAMPALA
(CIVIL DIVISION)
HCT-00-CV-MC-0036-2009
1. FRANCIS TUMWEKWASIZE
2. TIMOTHY SIBASI
3. IBRAHIM SADIK
APPLICANTS
VERSUS
ATTORNEY GENERAL
RESPONDENT
RULING
The applicants brought this application by Notice of Motion under Article 50 of the Constitution and Rule 3 (1) of the Judicature (Fundamental Human Rights & Freedoms) (Enforcement Procedure) Rules, 2008 (S.l 2008 No.55) for orders of enforcement of Fundamental Human Rights and Freedoms of the applicants allegedly breached by the respondent's agents.
The details are set out in the affidavit of the first applicant, Francis Tumwekwasize. According to him, he was employed by WBS TV as a reporter since 2005. On 27/08/2008 he was assigned by the news editor of WBS to cover a story relating to the sanitary situation at Namboole Stadium. The public had raised concern that the Special Police Constables who were residing in Namboole Stadium had made the stadium unsanitary. He arrived at the Stadium at about 2.00 p.m. in the company of the 2nd and 3rd applicants wearing WBS labels and the van clearly marked WBS Television. On the way to the office of the Stadium management, the trio were accosted with shouts and alarms from several Special Police Constables who barred them from entering the Stadium on account of several newspapers having written condemning the SPCs unsanitary behavior at the Stadiurn. They retreated to their van but could not get out of the gate because the SPCs had closed it. The SPCs arrived at the van, forced it open, pulled them out and beat them with batons, kicks, sticks and metals and took away their cameras and their accessories and set their dogs at them. They were later set free but denied access to the Stadium. All this is denied by the respondent through its servant Laban Muhabwe, a Senior Superintendent of Police, who claims to have been at the Stadium at the time. It is Mr. Muhabwe's averment in the affidavit in reply that there were no Special Police Constables at Namboole Stadium at the time.
At the conferencing the parties agreed on one single point, that is, that the applicants went as journalists to Namboole Stadium on 27/08/08. The rest was disputed.
ISSUES:
1. Whether the applicants were assaulted, battered and molested by the respondent's agents.
2. Whether the acts complained of amounted to a breach of the applicants' freedom of the Press.
3. Whether the acts complained of amounted to cruel, inhuman and degrading treatment.
4. Remedies
Counsel:
Mr. Rwakafuuzi for the applicants.
Mr. Karuhanga for and on behalf of the Attorney General.
I will first deal with the objection raised by learned Counsel for the respondent based on Rule 4 of the Judicature (Fundamental Rights and Freedoms) (Enforcement Procedure) Rules, 2008. This Rule provides that:
"A motion shall not be made without notice to the Attorney General and other party affected by the application."
It is the view of learned Counsel for the respondent that the only notice known at law which can be served on to the Attorney General is the Statutory Notice of forty five days; that failure to serve the notice on the Attorney General makes the application bad in law.
Learned Counsel for the applicants did not file any reply to the said objection.
I am inclined to the view that the notice to the Attorney General referred to in Rule 4 of Section I 2008 NO.55 is different from the Statutory Notice required under Section 2 of the Civil Procedure and Limitation (Miscellaneous Provisions) Act, Cap.72. I say so because Article 50 of the Constitution provides a relaxed procedure for enforcement of Fundamental rights and freedoms. The procedure pointed out by learned Counsel for the respondent obtains in ordinary suits on plaint under the Civil Procedure Rules.
In Dr. J. W. Rwanyarare & 2 Others vs Attorney General HCMA No.85 of 1993 High Court held that in matters concerning the enforcement of human rights under the Constitution, no statutory notice was required because to do so would result in an absurdity as the effect of it would be to condone the violation of the right and deny the applicant a remedy.
See also: Greenwatch vs Uganda Wildfife Authority & Anor HCMA No.15 of 2004.
I am of the view that a notice to the Attorney General under Statutory Instrument 2008 NO.55 is a statutory requirement whether the Attorney General has been sued or otherwise as long as the matter concerns enforcement of the fundamental rights and freedoms under Article 50 of the Constitution. It shouldn't be confused with a Statutory Notice required in ordinary suits where the notice period is intended for the purpose that the government may investigate the claim and if possible settle it out of court. For the reasons stated above, I would disallow the objection and I do so.
Issue No.1: Whether the applicants were assaulted,
battered and molested by the respondent's agents.
I have already set out in detail the basis of the applicants' claim against the respondent. Mr. Tumwekwasize purports to swear the affidavit on his own behalf and on behalf of his co-applicants, Timothy Sibasi and Ibrahim Sadik. However, there is nothing on record to suggest that he was given any authority by his colleagues to do so.
The affidavit itself contains averments which should have come from the aggrieved persons themselves. For example, he alleges that the 2nd and 3rd applicants were injured when none of them has indicated so in an affidavit sworn by self. He also alleges that the 3rd applicant lost money in the scuffle and yet the alleged loser of the money has not stated so himself. However, the 1st applicant has at least attached a copy of treatment notes to his affidavit, implying that he too was injured and treated at Nsambya Hospital thereafter. Besides, there is an affidavit of Dr. Ingabire showing that she attended to the 2nd respondent at the Hospital. No such evidence is available in respect of Ibrahim Sadik.
This court is acutely aware that a person is competent to swear an affidavit on matters or facts he knows about or on information he receives and believes. And under article 50 (2) of the Constitution, any person or organization may bring an action against the violation of another person's or group's human rights. Whichever way it is done, however, there must be evidence of existence of those facts.
In the instant case, it is evident that the first applicant was at the Stadium. He claims to have been in the company of Timothy Sibasi. I have already indicated that Mr. Sibasi underwent medical treatment with the first applicant. To this extent, there is evidence on which to base the inference that Mr. Sibasi was also at the Stadium. This, however, is not so with Ibrahim Sadik who has neither made any statement on oath or given any evidence to show that he too was treated at Nsambya like his co-applicants. This is particularly important in view of Laban Muhebwa's sworn evidence that he saw two men only in a scuffle with police at the stadium. In view of this evidence and Sadik’s failure to furnish any evidence to court that he too was assaulted and battered as claimed, I'm of the view that his claim cannot stand. It ought to be struck out 3nd I do so.
As to whether Mr. Tumwekwasize and Mr. Sibasi were assaulted, I have considered the affidavit evidence of Mr. Tumwekwasize. He avers that on the way to the Stadium management, his team of journalists was accosted with shouts and alarms from several police constables. They did not stop at shouting. Several of them charged at them, surrounded them and blocked them from entering the said offices. The journalists retreated to their van but the said constables followed them there and set their dogs to bite them. This was in addition to being beaten and kicked and their cameras being taken away. On being taken to one Laban Muhebwa, he ordered that the cameras be returned to them.
Although Mr. Muhebwa denies the alleged mistreatment of the applicants in his affidavit, he does not deny seeing at least two of them at the Stadium. He confirms in paragraph 6 thereof that there was pandemonium at the Stadium and that cameras were confiscated from them. He avers in paragraph 11 that the applicants' report to him was that people who confiscated cameras from them were Special Police Constables. He admits in paragraph 12 that he ordered restoration of the cameras to them. Although he denies existence of Special Police Constables at the Stadium at the time, he does not mention in his affidavit whom he ordered to return the cameras to the applicants and why they had confiscated the said cameras from the applicants in the first instance. But he avers that the applicants exchanged words with those people and “called the police officers Iumpens'”, implying that those people who were attacked, were policemen. None of them was sworn an affidavit to show that they were ordinary police officers and not special Police Constables. Coupled with this is evidence of Dr. S. K. Kiwanuka and Dr. Prossie Ingabire that they treated these two journalists at Nsambya Hospital on the very day of the scuffle at Namboole Stadium. The medical treatment notes show what each journalist was complaining about and how they were treated.
Against all this evidence, we have evidence of Dr. Moses Byaruhanga. Whereas the incident happened in August 2008, Dr. Byaruhanga swore an affidavit on 12/10/2009, over a year later.
From his affidavit, he did not examine any of the applicants to ascertain whether or not they or any of them sustained the injuries alleged. He sat in his office, perused their treatment notes and came to the conclusion that the applicants, 1st and 2nd, were not assaulted. He has in effect rubbished the findings of his colleagues when he did not see the subject matters of those findings, the applicants themselves. I think the respondent's evidence on this point is to say the least absurd. It is of no value.
In law a fact is said to be proved when the court is satisfied as to its truth. The evidence by which that result is produced is called the proof. The general rule is that the burden lies on the party who asserts the affirmative of the issue in dispute. When that party adduces evidence sufficient to raise a presumption that what he asserts is true, he is said to shift the burden of proof: that is, the allegation is presumed to be true, unless his opponent adduces evidence to rebut the presumption.
Applying the above principle to the facts herein, it follows that the burden is on tile applicants to prove that on 27/08/08 they were assaulted, battered and molested by agents of the respondent. As between the evidence of the doctor who did not see the applicants and that of the doctors who saw and treated them, court would obviously go by the evidence of the latter. It is evidence that establishes in a material particular that the applicants were assaulted. It disproves Laban Muhebwa's assertion that they were not assaulted. The applicants have alleged that they were assaulted by Special Police Constables. I have found no evidence to prove otherwise. It is not disputed that Special Police Constables are agents of the respondent. I hold that they are. Applicants 1 and 2 have in my view discharged the burden of proof cast on them by law. On the balance of probabilities, they were assaulted, battered and molested.
I would answer the first issue in the affirmative in respect of 1st and 2nd respondent only and I do so.
Issue No.2: Whether the acts complained of amounted to a breach of the applicants' freedom of the Press.
The applicants are relying on Article 29 (1) (a) of the Constitution. Under this law every person in this country enjoys the right to freedom of speech and expression. This right includes freedom of the press and other media. The defence argument on this point is that the applicants had no rights to access the Stadium without express permission for an express purpose.
Mr. Muhabwe does not state that much in his affidavit. He wvas at the Stadium at the material time. He saw the applicants being molested.
They had identified themselves as journalists attached to WBS TV. He has not offered any explanation as to why his men opted to harass the journalists in a ruthless manner. Free press usually means the right to publish, a right to confidentiality of sources and a right to access information.
It sounds to me superfluous that a journalist proceeding to cover a newsworthy incident would first require permission to access the venue, in the absence of any evidence that the denial of accessibility was in the interest of public peace and order. If the conditions at the Stadium were unsanitary, that was the more reason why they deserved exposure for remedial purposes. No evidence has been presented to court that the Stadium could not be accessed without any permission and that the applicants were aware of it. In my view the act of denying them access amounted to a breach of their freedom as journalists to inform the public as to the sanitary condition of the Stadium at the time.
Issue No.3: Whether the acts complained of amounted to cruel, inhuman and degrading treatment.
On this point, the applicants rely on Article 24 of the Constitution. Under this law, no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.
It is noteworthy that the Consitution itself does not define the terms "torture, cruel, inhuman or degrading treatment." Courts have tried to define them depending on the context.
Learned Counsel for the applicants has drawn to my attention the opinion of one Guy Vassal Adams in connection with this case. His opinion can at best be of persuasive value. It is not evidence that the acts complained of amounted to cruel, inhuman and degrading treatment.
In Victor Mukasa & Anor vs Attorney General HCMC No. 24/06 (unreported) the trial Judge was of the view that the acts of the respondent towards two ladies amounted to torture, cruel, inhuman and degrading treatment. The ladies had suffered humiliation at the hands of LC officials and Police. Each case must of course be decided on the basis of its unique facts and circumstances. There cannot be any hard and fast rule about this. Mr. Rwakafuuzi's argument, if I have understood it correctly, is that a person's dignity is guaranteed by the Constitution and should not be injured by anyone. I accept that argument. Any injury to a person's dignity should therefore be condemned by the courts. The injured person should be compensated in damages.
I have understood the import of this application to be basically about human dignity. These are journalists who went to cover an incident in Namboole but ended up being assaulted and molested by the police in dehumanizing circumstances. It has not been argued that the treatment they received at the hands of the Special Police Constables was in public interest. In my view the acts complained of came within the meaning of cruel, inhuman and degrading treatment as stipulated in the Constitution. I so hold.
I would therefore also answer the third issue in the affirmative and I do so.
Issue No 4: Remedies
The object of an award of damages is to give the plaintiff compensation for the damages, loss or injury he/she has suffered. Money is not awarded as a replacement for other money, but as a substitute for that which is generally more important than money. It is the best that a Court can do in the circumstances of each case.
In Victor Mukasa case, supra, the second applicant was awarded Shs.l0m for torture, inhuman and degrading treatment by her Lordship Stalla Arach Amoko. In Ronald Reagan Okumu & Others vs Attorney General HCMA No. 63/2002, Kania J. awarded the applicants Shs.l0m each for violation of their rights or personal liberty. Learned Counsel for the applicants is of the view that in the present case the torture was more aggravated since it caused injuries and prayed that each applicant be awarded Shs.30m for the torture and degrading treatment. I have already indicated that the applicants were assaulted, battered and molested. In addition they were prevented from reaching the scene of their intended story or even to talk to the Stadium Management. The agents of the respondents earn no credit for such bizarre conduct on their part much as the applicants' cameras were returned to them.
Doing the best I can in the unique circumstances of this case and taking into account the procedure ad opted by the applicants of proceeding by Notice of motion instead of an ordinary suit where damages would be pleaded, strictly proved and properly assessed, an award of Shs. 15,000,000/= (Fifteen million only) to each applicant, i.e. Mr. Tumwekwasize and Mr. Sibasi, whose presence at the Stadium has been proved to the satisfaction of the court, would in my view meet the ends of justice, especially in an environment where complaints of Police Constables being trigger-happy are on the increase. Journalists must be protected rather than harassed. Each applicant's award shall attract interest of 20% per annum from the date of ruling till payment in full.
The two applicants shall also have the costs of the application.
Orders accordingly.
Yorokamu Bamwine
JUDGE
23/03/10
Mr. Rwakafuuzi for applicants
Applicants absent
Elison Karuhanga for respondent
Court:
Ruling delivered.
Yorokamu Bamwine
JUDGE
23/03/2010
English Court of Appeal blasts a path for free speech
The eagerly awaited appeal judgment in BCA v. Singh was published today. It's quite a bombshell (in a good way!) - it cites Milton, refers to classic ECHR Article 10 standards, gives Orwell a nod, adopts a marketplace of ideas philosophy and concludes by proposing a bit of a rethink around the defence of fair comment.
The Lord Chief Justice is playing a blinder here.
On opinion, he says:
"The opinion may be mistaken, but to allow the party which has been denounced on the basis of it to compel its author to prove in court what he has asserted by way of argument is to invite the court to become an Orwellian ministry of truth. Milton, recalling in the Areopagitica his visit to Italy in 1638-9, wrote:
"I have sat among their learned men, for that honour I had, and been counted happy to be born in such a place of philosophic freedom, as they supposed England was, while themselves did nothing but bemoan the servile condition into which learning among them was brought; …. that nothing had been there written now these many years but flattery and fustian. There it was that I found and visited the famous Galileo, grown old a prisoner of the Inquisition, for thinking in astronomy otherwise than the Franciscan and Dominican licensers thought."
That is a pass to which we ought not to come again."
He goes on to say the following, about the nature of "evidence" (in the scientific sense - the case concerned allegations whether or not chiropractic works):
"What "evidence" signifies depends heavily on context. To a literalist, any primary fact – for example, that following chiropractic intervention a patient's condition improved – may be evidence of a secondary fact, here that chiropractic works. To anyone (and not only a scientist) concerned with the establishment of dependable generalisations about cause and effect, such primary information is as worthless as evidence of the secondary fact as its converse would be. The same may equally well be true of data considerably more complex than in the facile example we have given: whether it is or not is what scientific opinion is there to debate. If in the course of the debate the view is expressed that there is not a jot of evidence for one deduction or another, the natural meaning is that there is no worthwhile or reliable evidence for it. That is as much a value judgment as a contrary viewpoint would be."
He then goes on to adopt a US marketplace of ideas standard:
"We would respectfully adopt what Judge Easterbrook, now Chief Judge of the US Seventh Circuit Court of Appeals, said in a libel action over a scientific controversy, Underwager v Salter 22 Fed. 3d 730 (1994):
"[Plaintiffs] cannot, by simply filing suit and crying 'character assassination!', silence those who hold divergent views, no matter how adverse those views may be to plaintiffs' interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. … More papers, more discussion, better data, and more satisfactory models – not larger awards of damages – mark the path towards superior understanding of the world around us.""
And he concludes that the entire common law concept of 'fair comment' is in dire need of relabeling if not a wholesale rethink:
"In an area of law concerned with sometimes conflicting issues of great sensitivity involving both the protection of good reputation and the maintenance of the principles of free expression, it is somewhat alarming to read in the standard textbook on the Law of Libel and Slander (Gatley, 11th edition) in relation to the defence of fair comment, which is said to be a "bulwark of free speech", that "…the law here is dogged by misleading terminology… 'Comment' or 'honest comment' or 'honest opinion' would be a better name, but the traditional terminology is so well established in England that it is adhered to here".
We question why this should be so. The law of defamation surely requires that language should not be used which obscures the true import of a defence to an action for damages. Recent legislation in a number of common law jurisdictions - New Zealand, Australia, and the Republic of Ireland - now describes the defence of fair comment as "honest opinion". It is not open to us to alter or add to or indeed for that matter reduce the essential elements of this defence, but to describe the defence for what it is would lend greater emphasis to its importance as an essential ingredient of the right to free expression. Fair comment may have come to "decay with … imprecision". 'Honest opinion' better reflects the realities."
Time for Strasbourg to stop the abuse of criminal libel laws
Across Europe, criminal libel laws continue to be routinely abused to silence legitimate criticism. In its most extreme form, we see this happen in places such as Azerbaijan, where journalists are serving jail time; but in other countries, too, criminal libel laws are routinely employed against journalists. Because of the availability of prison sentences and often hefty fines, and the fact that a conviction will lead to a criminal record, these laws cast a long shadow and have a serious chilling effect on free speech.
One might have thought that the European Court of Human Rights, in its de facto role as a constitutional human rights court for Europe, would have picked up on this and have issued an unequivocal ruling stating that the use of criminal libel laws, particularly when prison sentences are available, violates the right to freedom of expression. It would be a useful ruling to issue. It has had appropriate cases before it.
Unfortunately, it has not done so. In a series of recent cases, it has come close though. In its recent decision in Gavrilovici v. Moldova (15 December 2009, Application no. 25464/05), the Court stated: "[T]he Court recalls that imposing criminal sanctions on someone who exercises the right to freedom of expression can be considered compatible with Article 10 “... only in exceptional circumstances, notably where other fundamental rights have been seriously impaired” (par. 60)
Similarly, in Bodrožić and Vujin v. Serbia (23 June 2009, Application no. 38435/05) the Court held: "[R]ecourse to criminal prosecution against journalists for purported insults raising issues of public debate, such as those in the present case, should be considered proportionate only in very exceptional circumstances involving a most serious attack on an individual’s rights (para. 39)"
And in its decision in Cumpănă and Mazăre v. Romania (17 December 2004, Application no. 33348/96), the Grand Chamber explained – in relation to the imposition of a prison sentence – that such exceptional circumstances might include “cases of hate speech or incitement to violence” (para. 115; see also Mahmudov and Agazade v. Azerbaijan, par. 50).
Also last year, the Court held in Długołęcki v. Poland (Application no. 23806/03, 24 February 2009) that “when a statement, whether qualified as defamatory or insulting by the domestic authorities, is made in the context of a public debate, the bringing of criminal proceedings against the maker of the statement entails the risk that a prison sentence might be imposed” (par. 47); and see again, mutatis mutandis, Mahmudov and Agazade v. Azerbaijan, (Application no. 35877/04, 18 December 2008) para. 51).
While all these statements are helpful, in none of these cases did the Court go so far as to state that criminal libel per se violates freedom of expression. It probably wasn't necessary for it to do so on the facts before it - but it would have been useful had the Court taken a step back, assessed its backlog of Article 10 cases, realised many of them concerned criminal libel convictions and entered a categorical judgment of principle.
What the Court has done is refer to the availability of civil law remedies when it has found that the imposition of criminal sanctions on speech violated Article 10. For example, in Mahmudov and Agazade v. Azerbaijan the Court took into consideration that the criminal sanction imposed in that case “was undoubtedly very severe, especially considering that lighter alternatives were available under the domestic law” (at para. 50). And in Lyashko v. Ukraine (Application no. 21040/02, 10 August 2006), the Court held: "[T]he dominant position which the Government occupies makes it necessary for it to display restraint in resorting to criminal proceedings, particularly where other means are available for replying to the unjustified attacks and criticisms of its adversaries or the media." (par. 41f) The latter is in fact the standard Castells v. Spain statement re-hashed and with some emphasis added - but the Court could have gone much further.
There are in fact numerous cases where the Court has held that the use of civil law remedies in defamation is to be preferred over criminal law remedies (see, for example, Fedchanko v. Russia, 11 February 2010, Application no. 33333/04; Krutov v. Russia, 3 December 2009, Application no. 15469/04; Lombardo and others v. Malta, 24 April 2007, Application no. 7333/06). In Raichinov v. Bulgaria (20 April 2006, application no. 47579/99), the Court stated that "the assessment of the proportionality of an interference with the rights protected thereby will in many cases depend on whether the authorities could have resorted to means other than a criminal penalty, such as civil and disciplinary remedies" (par. 50).
Similarly, in Kubaszewski v. Poland (2 February 2010, Application no. 571/04), the Court emphasised that “the party who felt offended had recourse to means of civil law which, in the Court's view, are appropriate in cases of defamation" (par. 45).
All of this is helpful - but it stops short of what's really needed: a categorical statement denouncing criminal libel as a violation of freedom of expression. It's always a case of so close, yet so far.
The time has now come for it to make that final step. Criminal libel violates freedom of expression. Look at the annual reports of the CPJ, RSF, Article 19 and dozens other free speech groups, domestic and international. Criminal libel laws are abused to restrict legitimate journalism. The European Court is in a position to do something about it - now do it.
The case of Makarenko v. Russia will be before the Grand Chamber selection panel soon and presents an ideal opportunity. My plea to the Panel: accept the case, and let the Grand chamber issue a suitably Grand judgment and rid the continent of one of the most abused pieces of law around.
Posted by mwesigye herbert at 1:20 AM 0 comments
Monday, September 14, 2009
THE FOUR DYNAMICS OF TRANSFORMATION
There are five key attributes of a healthy leader:
• Christ.
• Community.
• Character.
• Calling.
• Competencies.
Thus, a healthy Christian leader is a man or woman who knows God, was formed and lives in supportive and accountable community, has strong character, knows the purpose of God and presents it with credibility, clarity and passion, and has the necessary gifts, skills and knowledge to lead the people in the accomplishment of this purpose – and is continually growing in all five areas.
Whether or not one embraces our particular “5C Model,” everyone agrees that we must build the whole person. Certainly, no one seems to be arguing that we should build Christian leaders who don’t know God, or who don’t have character, and so forth!
But how can we build the whole person? It’s very easy to say that we need to do this. How can we actually build union with Christ, relational capacity, integrity, vision and practical ministry capacities in an emerging or existing leader?
There is no guaranteed formula for doing this. However, biblically, there are consistent dynamics that are effective in changing people’s lives. In addition, our own experience affirms the power of these dynamics. After 30 years of walking with God, studying the Scriptures, leading churches and building leaders, we have experienced and observed, over and over again, four particular dynamics that bring transformation to people’s lives. These are the “Four Dynamics of Transformation.”
This idea of Four Dynamics – the 4Ds – is so simple and yet so powerful. We already know this intuitively; it’s commonsense. There are four dynamics that bring transformation of life:
• Spiritual – the transforming power of the Holy Spirit (connecting with God).
• Relational – the transforming power of relationships with others (connecting with people).
• Experiential – the transforming power of life’s experiences (connecting with life).
• Instructional – the transforming power of the Word of God (connecting with Truth).
This was the practice of the early church:
They devoted themselves to the apostles’ teaching and to the fellowship, to the breaking of bread and to prayer. (Acts 2:42)
They were “devoted” to all four dynamics:
• the apostles’ teaching – instructional.
• fellowship – relational.
• the breaking of bread – experiential.
• prayer – spiritual.
This is how lives were changed in the New Testament church!
This was how Jesus built His emerging leaders.This was how Paul ministered the Gospel:
…our gospel came to you not simply with words, but also with power, with the Holy Spirit and with deep conviction. You know how we lived among you for your sake. You became imitators of us and of the Lord; in spite of severe suffering, you welcomed the message with the joy given by the Holy Spirit. And so you became a model to all the believers in Macedonia and Achaia. (1 Thess. 1:5-7)
Once more, all 4Ds were present:
• our gospel came to you not simply with words – instructional.
• but also with power, with the Holy Spirit and with deep conviction – spiritual.
• You know how we lived among you for your sake – relational.
• You became imitators of us and of the Lord – experiential.
• in spite of severe suffering – experiential.
As a result, the lives of the Thessalonians were transformed and they became “a model to all the believers.”
How the 4Ds Work
Through the spiritual dynamic, we come face-to-face with the inward Presence of the Holy Spirit, who transforms us:
And we all, with unveiled face, beholding the glory of the Lord, are being transformed into the same image from one degree of glory to another. For this comes from the Lord who is the Spirit. (2 Cor. 3:18, ESV)
Through the relational dynamic, we connect with people who reveal Christ to us and transform us:
From him the whole body, joined and held together by every supporting ligament, grows and builds itself up in love, as each part does its work. (Eph. 4:16; cf. Rom. 12:5; 1 Cor. 12:7; 1 Pet. 4:10)
The experiential dynamic includes the impact on us of many kinds of life’s experiences. For example, in the sufferings, challenges and pressures of life, we go beyond our own capacities to succeed and, in a deeper way, look to God for His help, and we are changed:
… We were under great pressure, far beyond our ability to endure, so that we despaired even of life. Indeed, in our hearts we felt the sentence of death. But this happened that we might not rely on ourselves but on God, who raises the dead. (2 Cor. 1:8-9)
In the instructional dynamic, we are changed by the Word of God, by the power of Truth:
… and how from infancy you have known the holy Scriptures, which are able to make you wise for salvation through faith in Christ Jesus. All Scripture is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness, so that the man of God may be thoroughly equipped for every good work. (2 Tim. 3:15-17)
When all 4Ds are strongly present in a leader development design, spiritual life is nurtured, relational capacities are strengthened, character is developed, calling is clarified and deep leadership capacities are built. This is how healthy leaders are built.
The 4Ds in Leader Development Design
If we are to build the whole person, our leader development design must strongly be:
• Spiritual. We must bring our emerging leaders face-to-face with God through prayer, fasting, meditation in the Word of God, forgiveness, reflection and encounters with the Holy Spirit.
• Relational. Healthy leaders are built in a context of genuine relationships with other people who are their mentors, coaches, role models, leaders, teachers, friends, and spiritual mothers and fathers.
• Experiential. Leader development is a hands-on experience. People learn by doing, especially when they are challenged. Pressure is also essential in the formation of a leader.
• Instructional. The teaching of the Word of God must be practical, relevant and engaging.
To build healthy leaders, all Four Dynamics of Transformation must be strongly present; none can be neglected, all have the highest priority. This is the true challenge of Christian leader development – to design and cultivate transformational cultures of leader development.
Posted by mwesigye herbert at 11:19 AM 0 comments
Thursday, February 5, 2009
GADDAFI AND TOORO QUEEN MUM IN LOVE Col. Gaddafi
The Untold Story
The magnificent mansion, built about in 2005, is located inside a high perimeter wall, sharing a compound with another which was bought by Mrs. Kellen Kayonga, the proprietor of ASKAR, a company that recruits Ugandans to go to Iraq to work as guards. The house is currently being occupied by Jovia Saleh who is Kellen's sister.
The Libyan leader sent the money to buy the house for his loved Queen of Toro, through the Uganda Moslem Supreme Council which gave it to Hassan Basajjabalaba.
Why Gaddafi Bought Best A Mansion
Gaddafi had been told by his aides in Kampala that Kemigisa was staying in an unfitting residence in Muyenga. She therefore needed a more befitting residence. Gaddafi had also been told that Kemigisa was neighbouring a super rich man's residence where she would go for sauna, massage and steam bath. The aides told the great leader that the people in the neighbour's house would always get optical nutrition of the Queen's curvy body as she would be passing in the corridors dressed in a wet kalesu stuck to her body and bringing out all the curves.
Gaddafi was not happy with this revelation and ordered his accountants to wire the money immediately to buy a posh residence with all those facilities fitted in.
Posted by mwesigye herbert at 7:57 AM 0 comments
Saturday, January 31, 2009
The Impact of Computers on Mass Media Houses
Computers are electronic devices that enable communication. MEDIA Houses are organizations that disseminate information to the general public. They include newspaper organizations, broadcasting stations, magazine publications, television station online media and publishing houses. This industry has been changing due to the use of computers this discussed at length in this assignment. One of the biggest sources of change is the influence of new technology that leads into the shift of old journalism to the new journalism.
GROWTH OF MEDIA TECHNOLOGY
In a few short years, digital technology has become an integral part of media production and distribution. It has also established itself as a communication medium rivaling print and broadcast. As such, digital technology is the new media technology of today and the future. Professionals in journalism, public relations, advertising, broadcast, and mass communications are being confronted with a new and still evolving media landscape. Historically, media technologies have taken many years to go through stages of development, introduction, adoption, and wide acceptance. The current media technology has exploded in less than a decade and is continuing through development with no end in sight rather than growing to maturity. Theorists and practitioners alike are not yet able to predict the direction of the technology or its effects. It is still changing too rapidly.
EFFECT OF COMPUTER TECHNOLOGY ON MEDIA PROFESSIONALS
Modernization in media industry really affects the life of media personality. They also bothered by these changes. It affects on the way of their thinking that develops changes in mass media. It makes their work easier and faster but also puts their selves into risk. Many transaction got failure in processing. Some lose their credibility and professionalism. Similar to overall culture changes, the media profession changes as it is influenced by technology. The technology once handled by specialists and consultants is becoming part of all media professionals’ jobs. Magazines, television programs, and newspapers are publishing on the Internet in an attempt to "cross benefit" by having two media products states by Beam in 1997. Media professionals must also understand some practical theory of new media technology. As an example, print and broadcast journalism are changing as length of story becomes less of an issue due to the incorporation of hyper linking.
COMPUTER TECHNOLOGY THREATENS THE EXISTENCE OF MEDIA PROFESSIONALS
The level of their career and profession as well is not already highly regarded since everybody can act as a media practitioner. New media technology is digital technology applied to mass communications. Obviously, the Internet is new media technology. So are satellite and cable data transmission, computer assisted research, multimedia publishing, and even word processing.
The technology changes the way all media are produced, distributed, displayed, and stored. It can provide different medium to be used in giving out of information for every individual that have knowledge and capacity to access on it. It will push for some individual to become a public servant through on line service wherein citizen journalism occurs. Through this high technology, becoming a media personality is viable because you can have it without earning a degree. Life of a media personality nowadays is influenced by these technologies. Changes seriously affect our media status as a whole.
THE MASS MEDIA REVOLUTION STARTED BY COMPUTERS.
It is about the digital world. No more using of the manual procedure. The modernization that we enjoy today continues in this revolution. It is about living in cyber space. Everything is done through new technology. No one can be called master or leaders, all of us can do impossible things. It sounds like we breathe through technology, for without it we will die. Life is very easy there is no more going outside of your house to have something. Things will happen in just one click. It is all about computer-generated life. Life is very simple. Work becomes faster and easier. Media practitioner does no longer exist in print or radio it is all about digital television. Telephone is already in the form of hologram. People are getting closer and closer.
COMPUTER EFFECT ON ETHICS OF JOURNALISM:
New Journalism vs. Old Journalism
Technology moves faster and faster and it will contributed a lot of benefits that people will embrace to survive. Going back, they say that journalist is more credible in old journalism than the new journalism but I did not agree with it. Attitude and ethics implied in both situations. It only matters on the writers on how they will apply it. On the other hand I believe that one of traditional journalism’s vital roles will be to help society become more media literate.
This will rebound to the benefit, perhaps, of professional Journalists, but that’s not a good enough reason by itself to do it. Society needs the help. Therefore, it is important to have enough knowledge and ideas about technologies to become a good communicator. Through these new media technologies it is easy for our media persons to help improve the society and have a better nation. In this revolution mass media in the Philippines can already compete globally as an effective and credible journalism.
All in all, Computers have benefited Media houses greatly.
Posted by mwesigye herbert at 9:10 AM 0 comments
IMPACT OF COMPUTERS ON MEDIA HOUSES
To some journalists like many members of the society, computers are nothing other than just a replacement of manual typewriters. For them, the only use of computers is the keying in of articles. If they go a little bit far then it’s receiving and sending e-mails. Just that and nothing more! But the question is, were computers and other Information and Communication Technology (ICT) tools meant for such a limited purpose? The Oxford Advanced Learner’s Dictionary describes technology as the way in which scientific knowledge is put into practical use. This means that the scientific knowledge is now used to provide solution to a certain problem. From time immemorial man invented various tools to improve the quality of his life. Good examples of early technologies were simple tools such as axes, spears, bows, arrows and the like. With time, man has continued improving them so that they stand the test of time and need. As a result, we now talk of automotives, aircrafts, computers, Internet and many more. The technological changes have not spared journalism either. An ICT writer, Kwami Ahiabenu of International Institute for ICT Journalism (Penplusbytes) of Accra-Ghana, in his book Introduction to ICT Journalism says that though journalism is an old profession, it is not static. ”As time goes on we are all striving to improve the quality of journalism. ICTs when utilized appropriately can provide us with a powerful tool for improving and maintaining quality of journalism,” he says. Now what are the ICTs and ICT journalism? Ahiabenu describes ICTs as the whole range of technologies that facilitate communication, the processing and transmission of information by electronic means and they include, though not restricted to, computers, Internet, mobile phones, digital cameras and many more. On the other hand, Ahiabenu defines ICT Journalism as the use of ICT tools in journalism. Journalists can make use of ICTs in the gathering and researching information to be used in news stories and distribute the stories to a wide range of audience (s) worldwide. For instance, nowadays ICTs have made it quite easy to disseminate information more quickly and thus the news circle has become shorter. Likewise the quality of news has also improved because with technology at our disposal, journalists can verify the information that they want to use in their stories by cross checking with other sources or finding background information. So if there is an accident of a ship sinking in Lake Victoria, for instance, one could go to search engines such as www.google.com and ask for background information of ship accidents on the Lake and thus add in his/her story as background. Again if one is not sure of the right spelling of, let’s say, the President of Russia he/she could go to www.question.com and type the question and the right name would come by a single click! Ahiabenu says that ICT is a new and exciting area as it offers a lot of unlimited opportunities and he thus urges journalists to invest time and energy for harnessing the opportunities, which have the profound positive impact on our professional life. For instance, according to another renowned ICT Journalism writer, Gray Hanson, computers have played a major role in journalism and mass communication. As early as 1956, computers started to replace manual typewriters and major media organizations could afford computer-based technologies. Today computers have become part and parcel of most newsrooms though in most developing countries like Tanzania, some newsrooms do not have the benefit of having the full array of computers. Most newsrooms find it hard to have enough numbers of well-equipped and modern computers for each staff and thus make journalists scramble for the few computers available. On the other hand, Internet subscription fees have also become far above what the media houses can afford and thus deny the journalists opportunities of finding information from various websites. However in some cases journalists themselves show little or no interest at all in coping with the technological changes and thus render ICT tools like computers in their newsrooms useless except for emails and typing news stories. On his side, Kunda Chinyanta Mwila, a Zambian website development specialist says that the introduction of ICTs has led to a change in typesetting, layout, designing and printing infrastructure at most African newspapers. Besides having a long experience in journalism, Mwila is also a vice Board Chairman of the Media Institute of Southern Africa (MISA). ”Nowadays we no longer heavily rely on telex of fax machines to send or receive information materials, instead many newspapers use e-mail and computer networks for such purposes,” he says. Mobile and satellite telephones, and the general improvement of landlines have made it possible for newspapers and other media houses to get stories from a reporter stationed anywhere in the world, he adds. However, he admits that the most prominent reason for failure by media houses to fully incorporate ICT in their daily operations is financial constraint because many of them can’t afford buying sufficient number of computers for their workers. Again he says, in rural Africa there is no infrastructure to support the existence and the availability of ICTs and that even where they might exist, the cost is so high above the reach of majority of media houses. But he is optimistic that once fully adopted and adapted, ICTs will transform newsrooms into cabled and networked centres with all journalists discharging stories onto a network, editors picking them before sending them for page setting and publication. ”This will enable newsrooms to efficiently coordinate material, communicate easily with all members of staff and easily send the materials for publication or broadcasting,” Mwila says adding:”Thus instead of individuals getting a copy from one desk to another, ICTs will enable the copy and other articles to flow on computer local area network (LAN) within the newsroom, drastically reducing the time lag in passing materials.” ICTs also helps a lot in the whole process of information and knowledge management in the media houses and thus enable all the journalists and the rest of the members of staff to keep pace in their day to day work. Now the challenge is to all Tanzanian journalists and media houses to see to it that we make maximum use of the ICTs so as to ensure accuracy, good flow and efficiency in our day-to-day work. We like it or not, there is no hiding place from the technological advances and it’s upon us to appreciate and understand this as early as possible so as not to be left dragging our feet behind the rest of the world.
Posted by mwesigye herbert at 7:30 AM 0 comments
Christ Builds Community and Community Builds Christ
In the western church, Christianity is largely understood as an individual thing – a personal transaction between the individual and God. Consequently, leader development is also understood, largely, in individual terms – the individual learns and grows in an essentially individualized learning environment and then, once qualified, he performs his ministry and fulfills his personal calling.
In the New Testament, however, there is a very close relationship between the church and the leader’s maturing union with Christ.
Of course, “church” does not refer to an institution, nor merely to a weekly meeting on Sunday morning. The New Testament church is a true spiritual Community – the lives of the saints joined together in the Presence and love of God, growing together, serving together and building each other toward corporate maturity in Christ.
This relationship between the leader’s union with Christ and the life of the Community can be expressed in two fundamental ways: Christ builds Community, and Community builds Christ.
First, “Christ builds Community” means that the leader’s union with Christ will be expressed in the leader living together with others in the Community in a spirit of self-giving love, of true servanthood.
There is a spectacular description of this in the first four verses of Philippians 2.
If you have any encouragement from being united with Christ, if any comfort from his love, if any fellowship with the Spirit, if any tenderness and compassion, (Phil. 2:1)
Paul writes beautiful words about union with Christ in verse 1, referring to the believers’ experience of union with the Triune Godhead and our participation in the great eternal fellowship of His Self-giving Love.
any encouragement from being united with Christ – the motivating and “encouraging” Presence of Christ in our lives, inwardly and actively directing us to Truth, to holiness, to servanthood, to life (Gal. 4:6; 1 John 3:24; 4:13; 5:10; John 14:26; 16:13-15; Rom. 8:14-16).
any comfort from his love – the inward comfort of the love of God, as we go through various sufferings, which comfort then becomes the source of our comfort to others (2 Cor. 1:4-5).
if any fellowship with the Spirit – the continual experience of inward fellowship with the Holy Spirit, as the Spirit reveals the Father and the Son (John 14:21-23; 2 Cor. 13:14).
These are extraordinary words of Life; a clear articulation of the inward reality of knowing God, living in His Presence, living by His Life; a high expression of our invitation to participate in the eternal, self-giving Love of the Godhead – as the Father loves the Son and gives Himself fully to Him, as the Son loves the Father and gives Himself fully to Him, as the Holy Spirit receives the love of the Father and the Son and gives Himself fully to them.
In this context, are Paul’s next words: if any tenderness and compassion. The direct result of the inward life of God by His Spirit is tenderness and compassion toward one another! This is the fruit of Divine fellowship, the mark of those who know God (1 John 4:7-12). If we live in union with Christ, it will be expressed in self-giving love toward one another.
The next result of the indwelling life of Christ, according to Philippians 2:2, is unity:
then make my joy complete by being like-minded, having the same love, being one in spirit and purpose. (Phil. 2:2)
The Source of church unity is not organizational mechanics, but the eternal unity of the Godhead (John 17:21) – the eternal exchange of self-giving love within the Godhead; we are now corporately invited into participation in this unified fellowship (John 16:13-15)!
Then, in verses 3-4, Paul describes the practical outworking of their life together (v. 2) which proceeds from the inward life of Christ (v. 1).
Do nothing out of selfish ambition or vain conceit, but in humility consider others better than yourselves. Each of you should look not only to your own interests, but also to the interests of others. (Phil. 2:3-4)
What follows, in verses 5-11, is the supreme Example of this self-giving love proceeding from Divine Life – the Lord Jesus, who did not “grasp” the rights, rank, honor and glory (the “form”) of Deity, but temporarily gave them up (“emptying Himself”), for the sake of those He loved. We are to do the same thing – and it all comes from inward Divine Life.
Christ builds Community! The inward life of Christ in the believer’s (and leader’s) life builds Community.
Thus, if you know God, you will serve your brother. If you love God, you will forgive your brother. If you walk with God, you will be patient and longsuffering toward your brother. If you live in God’s Presence, you will honor and prefer your brother before yourself. This is true spiritual ministry; this is the healthy leader.
…I urge you to live a life worthy of the calling you have received [being filled with the fullness of God, as described in chapters 1–3]. Be completely humble and gentle; be patient, bearing with one another in love. Make every effort to keep the unity of the Spirit through the bond of peace. (Eph. 4:1-3)
We know that we have passed from death to life, because we love our brothers… (1 John 3:14)
Dear friends, let us love one another, for love comes from God. Everyone who loves has been born of God and knows God. (1 John 4:7)
As we love one another, we love Him. As we enjoy one another, we enjoy Him. In caring for each other, we care for Him. In opening our hearts and lives to one another, we invite His Presence. In serving each other, we kiss His feet. In pouring out our lives for one another, we pour out His love back to Him. As we prefer one another, we give Him the pre-eminence. As we behold each other, we perceive His beauty. As we embrace one another with self-giving love, we taste His sweetness. As we wash each other’s feet, we smell His fragrance.
Jesus dwells in His church – to love and to be loved. As we love one another, quickly and imperceptibly the one love passes over into the other, and we love Him. As we fellowship with each other, quietly and almost unnoticeably we come in contact with Him. And the loving fellowship with which we embrace our brother ascends to that with which we love God, and we are united together in the eternal love and fellowship of the Godhead.
No one has ever seen God; but if we love one another, God lives in us and his love is made complete in us. (1 John 4:12)
No one has ever seen God (1 Tim. 6:16), but when we love one another out of His indwelling, self-giving love, we do see Him, we do hear Him, we do touch Him!
Church life is both a foretaste and a beginning of everlasting life. As we love one another, we participate in the eternal love and fellowship of the Godhead, joyfully awaiting the fullness of this union, in the realm which is to come. (Quoted from In Him Was Life by Malcolm Webber.)
Healthy Leader Development
This is why Community-integration is key to healthy leader development – Christ expresses Himself in Community!
Leader development processes that are separate from, or token add-ons to, the life of the spiritual Community, do not build life, do not build character, do not build godly vision, do not build healthy leaders
Posted by mwesigye herbert at 7:29 AM 0 comments
Friday, January 30, 2009
GOOD LEADERS ARE MADE NOT BORN.
If you have the desire and willpower, you can become an effective leader. Good leaders develop through a never ending process of self-study, education, training, and experience. This guide will help you through that process.
To inspire your workers into higher levels of teamwork, there are certain things you must be, know, and, do. These do not come naturally, but are acquired through continual work and study. Good leaders are continually working and studying to improve their leadership skills; they are NOT resting on their laurels.
Before we get started, lets define leadership. Leadership is a process by which a person influences others to accomplish an objective and directs the organization in a way that makes it more cohesive and coherent. Leaders carry out this process by applying their leadership attributes, such as beliefs, values, ethics, character, knowledge, and skills. Although your position as a manager, supervisor, lead, etc. gives you the authority to accomplish certain tasks and objectives in the organization, this power does not make you a leader, it simply makes you the boss. Leadership differs in that it makes the followers want to achieve high goals, rather than simply bossing people around.
Bass' (1989 & 1990) theory of leadership states that there are three basic ways to explain how people become leaders. The first two explain the leadership development for a small number of people. These theories are:
Some personality traits may lead people naturally into leadership roles. This is the Trait Theory.
A crisis or important event may cause a person to rise to the occasion, which brings out extraordinary leadership qualities in an ordinary person. This is the Great Events Theory.
People can choose to become leaders. People can learn leadership skills. This is the Transformational Leadership Theory. It is the most widely accepted theory today and the premise on which this guide is based.
When a person is deciding if she respects you as a leader, she does not think about your attributes, rather, she observes what you do so that she can know who you really are. She uses this observation to tell if you are an honorable and trusted leader or a self-serving person who misuses authority to look good and get promoted. Self-serving leaders are not as effective because their employees only obey them, not follow them. They succeed in many areas because they present a good image to their seniors at the expense of their workers.
The basis of good leadership is honorable character and selfless service to your organization. In your employees' eyes, your leadership is everything you do that effects the organization's objectives and their well-being. Respected leaders concentrate on what they are [be] (such as beliefs and character), what they know (such as job, tasks, and human nature), and what they do (such as implementing, motivating, and providing direction).
WHAT MAKES A PERSON WANT TO FOLLOW A LEADER?
People want to be guided by those they respect and who have a clear sense of direction. To gain respect, they must be ethical. A sense of direction is achieved by conveying a strong vision of the future.
posted by mwesigye herbert at 11:14 AM
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