Maj. Gen. Muhoozi one rank away

The gist of their petition was that the army promotions are supposed to be given by the UPDF’s Commissions Board and only forwarded to Museveni, who is the Commander in Chief (CiC) for approval. However, all the promotions including the most recent are decided by Museveni.

“These promotions are illegal,” Semujju said, “and so is the SFG because it is a creation of Museveni, which is against the law.”

A lawyer who was representing Semujju at the EACJ but only commented on conditions of anonymity also supported Semujju’s view.

“You can promote your son; that is not the problem,” the lawyer said, “the problem is that the law is clear on how these promotions are supposed to come and it is not from the Commander in Chief. So what we have been seeing is illegal.”

Semujju, however, said they later abandoned the case at the EACJ because instead of inquiring into their petition, the court treated it as a trial and wanted them to keep traveling to Arusha, which was not tenable.

The Independent has also seen the government response by Wanyama Kadoli for the office of the Attorney General, which describes the petition as devoid of merit, frivolous, vexatious and a gross abuse of court process.

It also notes that the Commissions Board does not promote but rather advises the CiC on promotions. In the response, the AG also notes that under the UPDF (Conditions of Service) Regulations S.1 307-2, the CIC is mandated to promote officers above the rank of colonel.

But it was not the first time the matter was ending up in court.

In August 2009, the then head of UPC’s Communication Department, Benson Ogwang Echonga, and a group of lawyers petitioned the Constitutional Court to declare as unconstitutional the promotion of Generals Museveni, Saleh, Tinyefuza, Aronda and Tumwine all from the same ethnic group to the highest rank in the UPDF.

Aronda, while defending the promotions told the Constitutional court that the named officers had rich military experience dating back to the early 1970s, including participation and leadership in the FRONASA through the 1981liberation struggle.

However, Aronda himself was not part of FRONASA and there were officers who were more trained than the five Generals.

Promotions in the UPDF are supposed to be regulated by the UPDF Act and Regulations- Conditions of Service for officers (CS-O).

Regulation 25 (1) of the CS-O notes that “the promotion of an officer shall be recommended by the commanding officer, and the recommendations shall be considered by the Commissions and Promotions Board on three different occasions and shall be within service brackets…”

Under this regulation, an officer can only become a Lieutenant after 12 months of commissioned service, a Captain after five to six years, a Major after 11 to 13 years, a Lieutenant Colonel after 18 to 20 years, Colonel, after 21 to 23 years. Sub regulation (2), however, notes that exceptional circumstances may be considered.

But President Museveni invokes his magnanimity in promoting soldiers.

For, instance, sometime back during the ruling party retreat at National Leadership Institute in Kyankwanzi, Museveni promoted Jessica Alupo, the Education Minister to the rank of Major.

Museveni’s decision to promote Alupo, who retired from the army in the early 2000s, followed his realisation that the Education Minister was still a Captain, a much junior rank in the army.

On seeing Alupo donning pips of a Captain, a surprised Museveni reportedly asked: “how can a minister be a captain?” The next morning, Alupo turned up as a Major.

Complaints in UPDF

Cases like these have fueled discontent in the UPDF’s rank and file since the bush-war days (1981-86).

Then-brigadier Henry Tumukunde, the former Director General of the Intelligence Services Organisation (ISO), for instance, the same year expressed disgruntlement over promotions in the army.

“I served as a division commander and headed ISO but I have remained on the rank for more than 10 years. Yet, those who have served in the army for 10 years have been promoted to the same rank and above,” Tumukunde was quoted in local media, “This government has a problem of not recognising people when they are still alive.”

Although Tumukunde did not mention names, he was understood to refer to Muhoozi. Tumukunde was recently promoted to lieutenant general and retired.

Sejusa also complained about the same issue.

“Imagine 70 year olds who joined the army before some of us started school still serving and on the army pay roll…,” Tinyefuza wrote, “…Retire us and Spare us the humiliation of having to salute our grandchildren…”