Emmanuel Mulondo
21 February 2007
Kampala — Government yesterday pleaded with Rubanda West MP Henry Banyenzaki to defer a motion ordering it to return NTV Uganda to the air after repeated failure by Minister of Information Haji Ali Kirunda Kivejinja to appear before the House to explain why the Broadcasting Council had ordered it switched off.
Adolf Mwesige, the minister for general duties in the Prime Minister's office, said Mr Kivejinja would on Thursday deliver a statement on the issue at which time MP Banyenzaki would be free to move the motion if he was not satisfied.
The station was switched off late last month from the Uganda Broadcasting Corporation mast at Kololo by officials of the Broadcasting Council who argued that its equipment did not conform to the required standards, an assertion denied by NTV managing director Victor Ngei.
MP Banyenzaki, who first raised the issue on the floor of the House on February 8, yesterday said that it was evident the minister was dodging Parliament.
"It is evident the minister is dodging. In this case I will move a motion. The issue has been on the floor of this House for two weeks," MP Banyenzaki, a member of the ruling National Resistance Movement, said as he enumerated promises by the Leader of Government Business and reminders by the Speaker.
"I pray that Hon Banyenzaki kindly defers this motion until Thursday. The minister will be here and give a statement on this matter, and if you are not satisfied, you will be free to move your motion," Mwesige, who is the acting Leader of Government Business said.
MP Banyenzaki referred to the persistent empty promises by Mr. Kivejinja, who he said was giving a bad image to government. "If this is this the way the third Deputy Prime Minister (Mr Kivejinja), who is also Minister for National Guidance, is going to guide the nation, then this country is in trouble," he said.
MP Banyenzaki, who read aloud a February 15 letter he had written to Mr Kivejinja in which he maintained that the closure of NTV Uganda was not based on valid technical reasons, violated "the principles of natural justice" and was "shameful and discriminatory."
Alice Alaso, Soroti woman MP and opposition Forum for Democratic Change secretary general, said, "The closure of NTV says a lot about government commitment to ensure free access to information. It is in the interest of this government to reopen this station." She said that back home Radio Veritas, run by the Catholic Church, was under constant threat of closure for hosting opposition politicians.
As a number of MPs in the more than half-full House tried to get to the floor to deliberate the matter, Deputy Speaker Rebecca Kadaga ruled that since the LGB had given a firm promise that the minister would make a statement on Thursday, debate should wait until then.
In his letter to Mr. Kivejinja which he circulated to fellow MPs through the Clerk, MP Banyenzaki pointed out that under the Electronic Media Act, the Broadcasting Council only had the power to issue licenses and regulate programme content, not switch off stations.
He said that the issue of equipment on which the council claimed to have based its decision was the mandate of the Communications Commission. "The closure of NTV is therefore completely ultra vires, i.e. outside the council's legal powers.
The minister is well aware of this. Why has he allowed this illegal closure to continue?" the MP asked. He pointed out that NTV was condemned without a hearing and that it was the only broadcaster of 10 using the Kololo mast put off the air.
The letter concluded that there were "no valid technical reasons for the closure of NTV," that the actions taken "violated all principles of natural justice and were shamefully discriminatory," that the Broadcasting Council "had no legal powers whatsoever to go outside the law governing it," that the actions taken by the council chairman "are so totally irrational, illegal and unfair that it is reasonable to strongly suspect corruption and or political intimidation by government," and that Parliament should "resolve to direct the Minister of Information to re-open NTV immediately."
The letter also asked what signal had been sent to potential investors in the country by the closure of the station that represents a $4 million investment.
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