Pastor Male Attacks MPs For "Ignorantly" Passing Anti-Gay Bill
Kampala
pastor, Moses Solomon Male, renowned for his solid stand in the Robert Kayanja
sodomy case, has called upon President Yoweri Museveni not to sign the anti-gay
bill, clarifying that Members of Parliament only passed it in their greatest
"ignorance".
By
07/01/2014 18:40:00
Pastor Solomon Male
“The anti-gay bill aims at protecting homosexuals. There are
enough existing laws that offer tougher penalties, this bill muzzles the media
and makes it had to criminalise gays,” male was quoted saying today, Tuesday.
In an exclusive interview at the Kampala High Court this
morning, Male told Chimpreports that there is no need for a new law, adding
that legislators should critically analyse the existing laws that have in
several cases been used against such criminals.
Male observed that “due to the ignorance of the Members of
Parliament, the homosexuals have created an avenue to have a law for themselves
which is more calm to them than the amended panel code act of 2007 which was
signed by President Museveni”.
"Under sodomy, the maximum sentence is life in jail and
under defilement, the maximum sentence is death and if it is protecting the
children, which is a better law?" he wondered.
The amendment provides that "Any person who performs a
sexual act with another person who is below the age of eighteen years in any of
the circumstances specified in subsection (4) commits a felony called
aggravated defilement and is, on conviction by the High Court, liable to suffer
death".
He further revealed that “sexual act means penetration of the
vagina, mouth or anus, however slight, of any person by a sexual organ; the
unlawful use of any object or organ by a person on another person’s sexual
organ; “sexual organ” means a vagina or a penis."
All this caters for homosexuality and there is no need for a new
law.
Male said the law proposers claim that there is no law against
promotion but section 148 of the penal code clearly states that any person
whether in private or public commits an act of gross indecency with another
person or procures another person to commit any act of gross indecency with him
or herself or attempts to procure the commission of any such act by any person
with him or herself or with any person, commits an offense and is liable to
imprisonment of seven years.
Male has blamed the legislators for continually misleading Ugandans
that the country has got no laws yet they have failed to interpret the existing
laws.
"Uganda's
problems are the systems not the lack of laws and if they claim there is no
law, then under which law was Chris Mubiru arrested and prosecuted likewise to
Bernard Randall and Albert Cheptoyet?"
He noted that this is just misleading Ugandans that there is no
law by the legislators yet the penal code provides for everything.
Male revealed that he is afraid that if the passed bill is
signed by the president, it is bound to be challenged because it contravenes
with the provisions of the constitution.
"If MPs are to come up with any new law, they should go
ahead and deny the homosexuals their right to privacy and without that the MPs
are deceiving that any law that they pass is going to be able to deal with the
two consenting adults," Male advised.
"Where two adults have consented to indulge in
homosexuality, in the privacy of their bed room, there is no way you can get
them because Article 28 of the constitution on fundamental human rights
guarantees every person a right to the privacy of their bed room and if you
dare get in there, then you bleach the constitution and you are liable to
imprisonment.”
Male further said that one cannot encroach on one's right to
privacy without seeking a high court order setting aside one's right to privacy
and by the time this is done, the criminals would have escaped.
Male pointed out that the new bill is making it even harder to
criminalise homosexuals by muzzling the media and demanding that counsellors
should report any case of homosexuality within 24 hours before counselling the
victim of the act and if not to be convicted for five years in jail.
Male commenced that no other law on the penal code requires the
exclusion of the media like the new bill which under section 6 provides that in
some cases the media shall be closed out more so during the hearing in case of
a minor.
The bill also demands that if any reporter or journalist reports
on any reports which reveal the particulars of the victim, then the
journalist's sentence is about Shs 5m fine and this is a clear communication
that the report will keep shut because a few can afford to raise such an amount.
Pastor Male makes U-turn on anti-gay bill
By Emmanuel Mulondo & Mercy Nalugo
Posted Wednesday, December 25 2013 at 02:00
Posted Wednesday, December 25 2013 at 02:00
Kampala
Just days after Parliament passed the
Anti-Homosexuality Bill, a cleric and leading critic of gay practices
has said the President “should not sign the Bill into law.”
“It is unfortunate that our MPs seem not to be serious with what to do with their time. They gave Ugandans the impression that there was no law to deal with homosexuality which was not true.
“It is unfortunate that our MPs seem not to be serious with what to do with their time. They gave Ugandans the impression that there was no law to deal with homosexuality which was not true.
Secondly the Bill they passed waters down the
existing law and will simply give homosexuals opportunity to petition
the constitutional court to strike it and other legal provisions out,”
Pastor Solomon Male of the Arise for Christ Ministry told the Daily
Monitor yesterday.
“His excellency shouldn’t bother assenting to it.
They (MPs) have failed to deliver and instead opted for populism to
cover up their failures,” the cleric asserted. Religious leaders from
across the denominations have extolled the Speaker Rebecca Kadaga and
the House for passing the Bill.
Meanwhile, two MPs have asked President Museveni
not to assent to the Bill. MP Sam Otada (Kibanda County), and Fox Odoi
(West Budaama) say it is irrelevant.
The legislators during a press conference held at
Parliament on Monday defended homosexuals and lesbians saying they
should be left to practice the acts envisaged as immoral since they are
also human beings . The MPs argued that homosexuality is a social
problem that can only be solved by parents and the church and not the
law.
The House passed the bill on Friday in a session Prime Minister Amama Mbabazi challenged as having lacked quorum.
First read;
Pr Moses Solomon Male demands parliamentary inquiry into Police misconduct in sexual abuse cases
http://solomonmale.blogspot.com/2013/07/pr-male-writes-to-speaker-of-parliament.html
Pentecostal Prosperity Pastors and their ignorance of the bible version controversy: Bishop David Kiganda mis- interprets Pastor Solomon Male’s stance against divorce
http://watchmanafrica.blogspot.com/2013/07/pentecostal-prosperity-pastors-and.html
Let Catholic Church change teachings or accept responsibility for increased ritual murders
The day Pastor Solomon Male biblically Challenged Bishop David Kiganda Divorce & Remarriage
Pr Solomon Male responds to Presiding Apostle Serwadda on Bishop Kiganda divorce & remarriage
WONDERING WHY PASTOR SOLOMON MALE WAS DISOWNED BY PASTOR JOSEPH SSERWADDA AND HIS BORN AGAIN FAITH FEDERATION PHARISEES
Pastor Solomon Male, in Kizito Michael George blog ,
https://www.google.com/#q=Kizito+Michael+George%2C+Pastor+Solomon+Male
Pastor Male: Why Supporters of Anti-Gay Bill Have it Wrong
- http://sunrise.ug/index.php?option=com_content&view=article&id=603:pastor-male-why-anti-homo-law-supporters-have-it-wrong&catid=104:opinions&Itemid=534
- Published on Saturday, 04 January 2014 11:52
By Pastor Solomon Male
Friday, December 20, 2013 sparked off much excitement in the country when in a landmark decision the Parliament of Uganda passed the Anti-homosexuality Bill 2009 to honor Speaker Rebecca Alitwala Kadaga's delayed 2012 promise of a Christmas gift.
Friday, December 20, 2013 sparked off much excitement in the country when in a landmark decision the Parliament of Uganda passed the Anti-homosexuality Bill 2009 to honor Speaker Rebecca Alitwala Kadaga's delayed 2012 promise of a Christmas gift.
Many Ugandans predominantly led by the clergy across religious
divides not only rejoiced but proclaimed Speaker Kadaga a heroine and
her parliament brave, then turned pressure onto H.E. President Yoweri
Kaguta Museveni to assent to the bill, 'believing' it will magically
thoroughly address the challenge of homosexuality that continues to
wreck lives of many Ugandans, especially youths and children, male and
female who get lured into it thinking it is a healthy alternative sex
life.
Having spearheaded the nationwide campaign against homosexuality since 2002, I feel obliged to guide Ugandans through this critical moment so that we don't regret the decisions taken. I am not reacting to circumstances or making a U-turn as the Daily Monitor of 25 December 2013 reported, but re-iterating my position well stated in documents to the Speaker of Parliament: the Report And Petition On Homosexuality In Uganda dated September 30th 2009 which spelt need for an inquiry and my rebuttals of the Anti-homosexuality Bill 2009, dated 7/7/2010 and 19/12/2012.
It is important to note that the bill was premised on lies and driven by populism, opportunism and hypocrisy, and accepted by the masses because of ignorance; there are better laws on the Penal code if only they can be enforced; it breaches the constitution and is a trap intended to culminate into the legalization of homosexuality.
The premise of lies that there are no laws:
Whereas there are very good laws on the penal code to ably contain commission of the act of homosexuality and its promotion, the Bill promoters deceived Ugandans that there were no laws criminalizing it. My efforts to write and inform the legislators about better existing laws if only systems: the Police, judiciary and directorate of Public prosecutions could be cleaned up fell on deaf ears because of their distaste for dissenting views: the lies had already won them public applause especially among populist and opportunistic religious leaders and they had resources to foster the bill.
In its Principle, 1.1, paragraph 5, the Bill states: "There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise."
When talking about defects in existing law, 2.1, it states, 'This proposed legislation is designed to fill the gaps in the provisions of other laws in Uganda e.g. the Penal Code Act Cap. 120.
The Penal Code Act (CapI20) has no comprehensive provision catering for anti-homosexuality. It focuses on unnatural offences under section 145 and lacks provisions for penalizing the procurement, promoting, disseminating literature and other pornographic materials concerning the offences of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders.
This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also same-sex sexual acts and other related acts."
These lies were told at campaign rallies, religious platforms and through the non-analytical media which also refused to carry the credible argument that the country has excellent laws which just need enforcement.
Surprising is that most Ugandans, even when educated hate reading. Even lawyers supposed to be knowledgeable in law read only what they feel relevant to the cases they handle and many don't know that very good laws exist on the Penal Code. Those who know never paid attention till it was passed.
When it comes to clerics, it is even worse. Whereas some are preoccupied with the spiritual needs of their followers, most, because of commercialization of religion prove to be more of religious merchants who cannot read what they cannot use to make money from their desperate followers. So, when the Bill was tabled, all believed the lies that there were no laws to ably deal with homosexuality and its promotion, hence, my obligation to uncover the lies beneath the Bill.
The Penal Code Act (Cap 120) already handles the vice of homosexuality:
Its Section 145 on un-natural sex offenses criminalizes homosexuality sex activity. It specifically says: "Any person who - (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; commits an offence and is liable to imprisonment for life."
The language used is so polite so as not to offend anyone but the message is very clear: sex must not be un-natural. In the Bible, Romans 1.26-27, it says: 'For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature. And likewise also the men, leaving the natural use of the woman, burned in their lust toward other; men with men working that which is unseemly, and receiving in themselves that recompense of their error which was meet.'
'Against the order of nature means,' the sexual organs are not used in the way they were naturally intended to be used: the man's penis only penetrating the woman's vagina: not the man's penis penetrating the anus or mouth of a person or, vagina being penetrated by anything other than the penis or, a person having sexual intercourse with an animal, etc.
'Carnal knowledge' is a legal euphemism for sexual intercourse (activity), doesn't discriminate between male and female and is derived from the Biblical usage of the word know / knew as seen in Genesis 4.1, "And Adam knew Eve his wife; and she conceived, and bore Cain, and said, I have gotten a man from the LORD." King James Version. So when the Penal code says carnal knowledge, it means sexual intercourse.
This section indiscriminately criminalizes such sexual activity and prescribes sentences of life in jail, and under it, cases are prosecuted.
Under this law, His Worship Byaruhanga Jesse R, Chief Magistrate Luwero, convicted on own plea of guilty and sentenced one Kavuma Sadique Fahad, a teacher of Zakayo Musisi Memorial Primary School, Luwero, to 3 years on each of the two counts of sodomizing two of his primary 7 pupils (Nakibinge Ssozi Dan, 13 years old, Criminal Case No 458 of 2010 and Dan Nkoyoyo, 14 years old, Criminal Case No 459 of 2010.
Though because of the ages of victims this offender would have been more appropriately charged under The Penal Code Amendment Act 2007, Section 129, the Police and State Attorney inappropriately charged him here where the sentence is life in jail because under Section 129 of the Penal Code, he would have faced a death sentence. Circumstances tell a story.
When the victims told their parents and the matter was reported to Luwero Police, instead of Police arresting the offender and investigating the complaints, it helped him to flee and then turned to extorting money from them till they came to me. I immediately took up the matter with AIGP Assan Kasingye, then head of Community Policing, who called the DPC Luwero. The receiver said wrong number. When he called the OC CID, he gave same number. When Kasingye called again, he denied having received any call from his boss. Even instructions to apprehend Kavuma fell on deaf ears till we opted for an expose well handled by WBS TV investigative program, Vumbula (available) which compelled them into action and he was arrested from Katosi, Buikwe District.
On the day of court, the Investigating officer brought another young boy to tell court that the two victims were actually lying, Kavuma hadn't sodomized them. When the Luwero Resident State Attorney intervened on my request, called the file and interrogated the boy, he gathered the boy had been told by the Police to lie. He decided to seek for an adjournment to amend the charge sheet and charge him under Section 129 of the Penal Code: of aggravated defilement (which carries a death sentence) and defilement (which carries life in jail). The magistrate granted the application for an adjournment and the victims, their parents and I left court as the accused was returned to the cells.
Later that day, I was surprised by the phone call from the Resident State Attorney telling me that after we had left court, the accused was returned to court in the afternoon, charges read for him again, he admitted them and was summarily sentenced to 3 years on each count, a total of 6 years not running concurrently!!! The rest is another long story of abuse of systems to prevent justice.
If there is no law, under which law was he prosecuted, convicted and sentenced since law is not retrospective?
To be continued next week.
The writer is the Leader, of National Coalition Against Homosexuality & Sexual Abuses in Uganda
Having spearheaded the nationwide campaign against homosexuality since 2002, I feel obliged to guide Ugandans through this critical moment so that we don't regret the decisions taken. I am not reacting to circumstances or making a U-turn as the Daily Monitor of 25 December 2013 reported, but re-iterating my position well stated in documents to the Speaker of Parliament: the Report And Petition On Homosexuality In Uganda dated September 30th 2009 which spelt need for an inquiry and my rebuttals of the Anti-homosexuality Bill 2009, dated 7/7/2010 and 19/12/2012.
It is important to note that the bill was premised on lies and driven by populism, opportunism and hypocrisy, and accepted by the masses because of ignorance; there are better laws on the Penal code if only they can be enforced; it breaches the constitution and is a trap intended to culminate into the legalization of homosexuality.
The premise of lies that there are no laws:
Whereas there are very good laws on the penal code to ably contain commission of the act of homosexuality and its promotion, the Bill promoters deceived Ugandans that there were no laws criminalizing it. My efforts to write and inform the legislators about better existing laws if only systems: the Police, judiciary and directorate of Public prosecutions could be cleaned up fell on deaf ears because of their distaste for dissenting views: the lies had already won them public applause especially among populist and opportunistic religious leaders and they had resources to foster the bill.
In its Principle, 1.1, paragraph 5, the Bill states: "There is also need to protect the children and youths of Uganda who are made vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technologies, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise."
When talking about defects in existing law, 2.1, it states, 'This proposed legislation is designed to fill the gaps in the provisions of other laws in Uganda e.g. the Penal Code Act Cap. 120.
The Penal Code Act (CapI20) has no comprehensive provision catering for anti-homosexuality. It focuses on unnatural offences under section 145 and lacks provisions for penalizing the procurement, promoting, disseminating literature and other pornographic materials concerning the offences of homosexuality hence the need for legislation to provide for charging, investigating, prosecuting, convicting and sentencing of offenders.
This legislation comes to complement and supplement the provisions of the Constitution of Uganda and the Penal Code Act Cap 120 by not only criminalizing same sex marriages but also same-sex sexual acts and other related acts."
These lies were told at campaign rallies, religious platforms and through the non-analytical media which also refused to carry the credible argument that the country has excellent laws which just need enforcement.
Surprising is that most Ugandans, even when educated hate reading. Even lawyers supposed to be knowledgeable in law read only what they feel relevant to the cases they handle and many don't know that very good laws exist on the Penal Code. Those who know never paid attention till it was passed.
When it comes to clerics, it is even worse. Whereas some are preoccupied with the spiritual needs of their followers, most, because of commercialization of religion prove to be more of religious merchants who cannot read what they cannot use to make money from their desperate followers. So, when the Bill was tabled, all believed the lies that there were no laws to ably deal with homosexuality and its promotion, hence, my obligation to uncover the lies beneath the Bill.
The Penal Code Act (Cap 120) already handles the vice of homosexuality:
Its Section 145 on un-natural sex offenses criminalizes homosexuality sex activity. It specifically says: "Any person who - (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; commits an offence and is liable to imprisonment for life."
The language used is so polite so as not to offend anyone but the message is very clear: sex must not be un-natural. In the Bible, Romans 1.26-27, it says: 'For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature. And likewise also the men, leaving the natural use of the woman, burned in their lust toward other; men with men working that which is unseemly, and receiving in themselves that recompense of their error which was meet.'
'Against the order of nature means,' the sexual organs are not used in the way they were naturally intended to be used: the man's penis only penetrating the woman's vagina: not the man's penis penetrating the anus or mouth of a person or, vagina being penetrated by anything other than the penis or, a person having sexual intercourse with an animal, etc.
'Carnal knowledge' is a legal euphemism for sexual intercourse (activity), doesn't discriminate between male and female and is derived from the Biblical usage of the word know / knew as seen in Genesis 4.1, "And Adam knew Eve his wife; and she conceived, and bore Cain, and said, I have gotten a man from the LORD." King James Version. So when the Penal code says carnal knowledge, it means sexual intercourse.
This section indiscriminately criminalizes such sexual activity and prescribes sentences of life in jail, and under it, cases are prosecuted.
Under this law, His Worship Byaruhanga Jesse R, Chief Magistrate Luwero, convicted on own plea of guilty and sentenced one Kavuma Sadique Fahad, a teacher of Zakayo Musisi Memorial Primary School, Luwero, to 3 years on each of the two counts of sodomizing two of his primary 7 pupils (Nakibinge Ssozi Dan, 13 years old, Criminal Case No 458 of 2010 and Dan Nkoyoyo, 14 years old, Criminal Case No 459 of 2010.
Though because of the ages of victims this offender would have been more appropriately charged under The Penal Code Amendment Act 2007, Section 129, the Police and State Attorney inappropriately charged him here where the sentence is life in jail because under Section 129 of the Penal Code, he would have faced a death sentence. Circumstances tell a story.
When the victims told their parents and the matter was reported to Luwero Police, instead of Police arresting the offender and investigating the complaints, it helped him to flee and then turned to extorting money from them till they came to me. I immediately took up the matter with AIGP Assan Kasingye, then head of Community Policing, who called the DPC Luwero. The receiver said wrong number. When he called the OC CID, he gave same number. When Kasingye called again, he denied having received any call from his boss. Even instructions to apprehend Kavuma fell on deaf ears till we opted for an expose well handled by WBS TV investigative program, Vumbula (available) which compelled them into action and he was arrested from Katosi, Buikwe District.
On the day of court, the Investigating officer brought another young boy to tell court that the two victims were actually lying, Kavuma hadn't sodomized them. When the Luwero Resident State Attorney intervened on my request, called the file and interrogated the boy, he gathered the boy had been told by the Police to lie. He decided to seek for an adjournment to amend the charge sheet and charge him under Section 129 of the Penal Code: of aggravated defilement (which carries a death sentence) and defilement (which carries life in jail). The magistrate granted the application for an adjournment and the victims, their parents and I left court as the accused was returned to the cells.
Later that day, I was surprised by the phone call from the Resident State Attorney telling me that after we had left court, the accused was returned to court in the afternoon, charges read for him again, he admitted them and was summarily sentenced to 3 years on each count, a total of 6 years not running concurrently!!! The rest is another long story of abuse of systems to prevent justice.
If there is no law, under which law was he prosecuted, convicted and sentenced since law is not retrospective?
To be continued next week.
The writer is the Leader, of National Coalition Against Homosexuality & Sexual Abuses in Uganda
Pastor Male Attacks MPs For "Ignorantly" Passing Anti-Gay Bill
Kampala
pastor, Moses Solomon Male, renowned for his solid stand in the Robert
Kayanja sodomy case, has called upon President Yoweri Museveni not to
sign the anti-gay bill, clarifying that Members of Parliament only
passed it in their greatest "ignorance".
By
07/01/2014 18:40:00
“The
anti-gay bill aims at protecting homosexuals. There are enough existing
laws that offer tougher penalties, this bill muzzles the media and
makes it had to criminalise gays,” male was quoted saying today,
Tuesday.
In
an exclusive interview at the Kampala High Court this morning, Male
told Chimpreports that there is no need for a new law, adding that
legislators should critically analyse the existing laws that have in
several cases been used against such criminals.
Male
observed that “due to the ignorance of the Members of Parliament, the
homosexuals have created an avenue to have a law for themselves which is
more calm to them than the amended panel code act of 2007 which was
signed by President Museveni”.
"Under
sodomy, the maximum sentence is life in jail and under defilement, the
maximum sentence is death and if it is protecting the children, which is
a better law?" he wondered.
The
amendment provides that "Any person who performs a sexual act with
another person who is below the age of eighteen years in any of the
circumstances specified in subsection (4) commits a felony called
aggravated defilement and is, on conviction by the High Court, liable to
suffer death".
He
further revealed that “sexual act means penetration of the vagina,
mouth or anus, however slight, of any person by a sexual organ; the
unlawful use of any object or organ by a person on another person’s
sexual organ; “sexual organ” means a vagina or a penis."
All this caters for homosexuality and there is no need for a new law.
Male
said the law proposers claim that there is no law against promotion but
section 148 of the penal code clearly states that any person whether in
private or public commits an act of gross indecency with another person
or procures another person to commit any act of gross indecency with
him or herself or attempts to procure the commission of any such act by
any person with him or herself or with any person, commits an offense
and is liable to imprisonment of seven years.
Male
has blamed the legislators for continually misleading Ugandans that the
country has got no laws yet they have failed to interpret the existing
laws.
"Uganda's
problems are the systems not the lack of laws and if they claim there
is no law, then under which law was Chris Mubiru arrested and prosecuted
likewise to Bernard Randall and Albert Cheptoyet?"
He
noted that this is just misleading Ugandans that there is no law by the
legislators yet the penal code provides for everything.
Male
revealed that he is afraid that if the passed bill is signed by the
president, it is bound to be challenged because it contravenes with the
provisions of the constitution.
"If
MPs are to come up with any new law, they should go ahead and deny the
homosexuals their right to privacy and without that the MPs are
deceiving that any law that they pass is going to be able to deal with
the two consenting adults," Male advised.
"Where
two adults have consented to indulge in homosexuality, in the privacy
of their bed room, there is no way you can get them because Article 28
of the constitution on fundamental human rights guarantees every person a
right to the privacy of their bed room and if you dare get in there,
then you bleach the constitution and you are liable to imprisonment.”
Male
further said that one cannot encroach on one's right to privacy without
seeking a high court order setting aside one's right to privacy and by
the time this is done, the criminals would have escaped.
Male
pointed out that the new bill is making it even harder to criminalise
homosexuals by muzzling the media and demanding that counsellors should
report any case of homosexuality within 24 hours before counselling the
victim of the act and if not to be convicted for five years in jail.
Male
commenced that no other law on the penal code requires the exclusion of
the media like the new bill which under section 6 provides that in some
cases the media shall be closed out more so during the hearing in case
of a minor.
The
bill also demands that if any reporter or journalist reports on any
reports which reveal the particulars of the victim, then the
journalist's sentence is about Shs 5m fine and this is a clear
communication that the report will keep shut because a few can afford to
raise such an amount.
