NEWSLETTER

JANUARY - MARCH 2021 ISSUE 24 I VOLUME 24

REGIONAL EXPANSION: A photo of URSB's newest office in City. The Regional Office offers services to over 11 districts in the greater Masaka Region.

URSB Newsletter January-March 2021 A A 1 NEWSLETTER

EDITORIAL TABLE OF CONTENTS TEAM

Mercy K. Kainobwisho The business clinic setup at Liberation Square - Masaka that preceded the launch of the Registrar General URSB - Masaka Regional Office.

RG’s Foreword URSB in 1 13 pictures

Ursb continues expansion by Tears of a Nangobi Provia opening new Head Editorial Team 2 Regional Office 16 criminal to serve greater Masaka region

Holding and subsidiary Copyright companies— 18 protection 4 what are of computer they? programs in the digital era Twebaze Honorata Content Manager How traditional knowledge in agriculture Curbing 6 can improve 20 corruption Africa’s food together security

The distinctive role of marriage COVID-19 10 21 Update registration in Baryevuga Steven Douglas Writer & Editor NEWSLETTER

FOREWORD

hope this message finds you and Placing clients first while promoting Government’s your families safe and healthy. One Stop Centre direction that By virtualising our services almost has all services positioned to offer 2020 was one of the most overnight, we have been able to joint seamless services to support volatile and challenging years. guide many of our clients with service delivery, while easing the insight, advice, and creative IThe COVID-19 pandemic and doing of business for the populace economic distress have tested all solutions to help them continue seeking to play their part in national of us in many different ways. It to register businesses, legalise socio-economic development. is an incredible honor for me to their marriages, create & innovate lead and serve URSB in times like intellectual property, seek easier Along the same line, progress on these where we continue to make ways of using movable property our permanent shared facility with our valuable contribution amidst to access credit as well as take up our other partners, the Uganda the challenges. My predecessor expert corporate rescue advice Business Facilitation Centre in Mr. Bemanya Twebaze together to help them transform their that will house URSB, with the Board have transformed businesses. Uganda Investment Authority (UIA) & Capital Markets Authority (CMA) this entity into one of the most Along with the other achievements, nationally admired Government is in the last stages of completion we continue to take our services with the move-in expected to organisations. I was fortunate to closer to the citizens. on theth 25 work closely with Mr. Bemanya in materialise towards the end of the of March 2021, we successfully Financial Year in June 2021. We my different capacities at URSB, and opened our 5th Regional branch in as I take on my new role as Registrar are looking forward to the positive Masaka City as a way of repositioning impact expected from this move. General, I am proud to have a very our services as a vehicle for local supporting Board Members whose development, in line with Uganda’s While we have seen great success, counsel has seen us make all these Vision 2040. This office offers the we are energised to do more. Our remarkable strides, as well as the full portfolio of our services and commitment to being the centre of unrelenting efforts of our staff to serves the greater Masaka Region excellence for registration services whom we owe this steady growth. covering over 11 districts across does not respect tradition — it only the region. We thank the Minister respects innovation. This is a critical Serving with purpose of Justice & Constitutional Affairs, time for us to remain innovative and When the pandemic hit, URSB had Hon. Prof Ephraim Kamuntu for learn more while staying focused three top priorities—continue to his stewardship towards this new on our mission of service. provide our clients with excellent venture, and the Board led by customer service they deserve; our forward looking Chairman, Finally, I would like to thank protect our employees; and take Ambassador Francis K. Butagira. everyone for the support to me the steps necessary to cement in my first quarter as Registrar our mandate by taking advantage Looking towards the future General. I look forward to working with you all,as we deliver our of opportunities presented by the As we close off the 3rd Quarter of rapidly changing environment. long-term priorities and improved the 2020/2021 Financial Year, we performance for URSB, our nation I am pleased to share that we made find ourselves in a strong position and the Government of Uganda. strides on all fronts. to leverage off and collaborate with our sister organisations under our For God and my country. Our quick adaption and pro-longed partnerships strategy. We have All-digital, All-Online strategy has made significant progress in this supported us to deliver quality area with over 9 engagements Mecry K Kainobwisho customer service to our clients held with identified partners in the with less disruptions. We have media, Government services, legal Mecry K. Kainobwisho successfully transitioned more fraternity, banking and regulatory than 50% of our entire service support. These collaborative portfolio online, while keeping our initiatives are helping us rally employees safe. partners to support our mandate URSB Newsletter January-March 2021 1 NEWSLETTER

URSB CONTINUES EXPANSION BY OPENING NEW REGIONAL OFFICE TO SERVE GREATER MASAKA REGION

The RG(in Gomesi) together with the URSB Staff that attended the launch of the Masaka Regional Office. Steven Douglas Baryevuga- spectrum of services with the Rakai, Kyotera, Kalungu, Senior Communications & Media vision of helping enterprising Lwengo, Bukomansimbi, Relations Officer. Ugandans from across the Kalangala,Lwemiyaga and Masaka district. he Uganda Registration region to take full advantage Services Bureau of easy access to services and Speaking at the grand opening, (URSB), opened a new ease the doing of business Hon. Prof. Ephraim Kamuntu, branch in Masaka City to capture the growing the Minister of Justice and Tto serve the Greater Masaka opportunities in the central Constitutional Affairs who was also the Chief Guest said that the Region. With the opening of region which is the country’s new economic engine. Government was committed this branch, URSB now has a to ensuring that citizens are total of Five Regional Offices This newest full service office provided with services in with the others being in located at Plot 28, Edward order to spur socio-economic Mbarara, Mbale, Arua, Gulu Avenue, Mayor’s Chambers, development. “Masaka is very and branches within opened its doors to the public vital in our economy, as well at Posta Uganda Sekaziga on 15th March, 2021 and as a priority city in Uganda. House and Twed Plaza. The covers 10 districts including Under President Museveni’s office shall offer URSB’s entire Lyantonde, , economic stimulus initiatives,

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this region is endowed with with the soon to be launched Mbarara, the new office immense opportunities that Uganda Business Facilitation will enable us to create a if tapped can be Uganda’s Centre which will give URSB, cohesive service network and economic hub. By setting Uganda Investment Authority further strengthen our service up an office here, URSB is & Capital Markets Authority capabilities in this region,” the making a crucial step on its permanent occupation under Registrar General said path to expanding its nation- the One Stop Centre initiative, building services to reach we are pleased to expand our Other high profile dignitaries at a multitude of citizens and presence in this region and the event included the Minister support development plans introduce our services to the for ICT & National Guidance, as envisioned in our Vision residents and business owners Hon. Judith Nabakooba, 2040 strategy that prioritizes of these vibrant communities,” Permanent Secretary Bagiire spread of infrastructure he concluded. Vincent Waiswa, members that promotes national of Parliament, URSB Board transformation. This also The Registrar General, Mercy Members, the Resident City signifies a pioneering move K. Kainobwisho, the Registrar Commissioner Masaka, and in Government’s plans to General on her part said the outgoing Mayor. develop social and economic the branch opening was in response to growing demand The launch was preceded capacity in high potential by a week-long business regions through provision for services in the region. clinic at Liberation Grounds of accessible services” Hon. “URSB has decided to open this Kamuntu said. branch here after we sensed in Masaka Municipality at the opportunities arising from which URSB together with Ambassador Francis Butagira, the economic development other partner Government the Board Chair added that in the region. We will ride on Agencies showcased their URSB’s Strategic Development the Masaka office to make our services to the residents. Plan III focuses on areas contribution to the economic URSB is a Government that support the business development of the broader agency established by an environment and Masaka had central region and offer been identified as a viable support to local enterprises, Act of Parliament to register region to set up. “On behalf while leveraging on our businesses, marriages, of the Board of Directors, other range of services to intellectual property rights, we are excited to be opening stimulate positive livelihoods security interests in moveable our Masaka branch to serve for our clients. Together with assets and handling of more clients easily. Along the offices in Kampala and insolvency matters.

URSB Staff attending to clients during the Masaka business clinic that preceded the launch of the newest regional office.

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HOLDING AND SUBSIDIARY COMPANIES—WHAT ARE THEY?

By Birungi Denis, Legal Officer, Legal Advisory Services Unit. ompanies are corporate from control. Ownership exists 50% or reach majority to give that vehicles for investment. where a company owns more company effective control over They exist in different than 50 percent shares, while the intended subsidiary. Once forms such as limited and control can occur even where company X acquires majority Cunlimited companies; private and the company does not own more stake in company Y, company X public companies, single member than 50 percent, for as long it becomes a holding company of has majority stake to influence company Y and consequently, companies and general limited decision making. company Y becomes a subsidiary liability companies, companies of company X. limited by shares and companies How are holding and subsidiary limited by guarantee, holding and companies formed? Secondly, an already existing subsidiary companies. company may form a subsidiary There is no rocket science in company. This is done by company In this article, we shall explore forming a holding or a subsidiary A incorporating company B, the concept of Holding and company. For holding companies, and taking up all the shares or subsidiary companies, how they as soon as a company acquires a majority of them. Company A are formed, and advantages of majority or total stake in another, becomes a holding company of forming subsidiaries. then it automatically becomes a company B and company B, a holding company of the owned subsidiary of Company A. A holding company is one that company. This may be done owns or controls one or more through transfer of shares, A third way is by takeover or other companies, wholly or where the shareholders of the acquisitions, which occurs when partially. While a subsidiary subsidiary sell either majority one company makes a successful is one which is owned or shares or all the shares to the bid to assume control of, or controlled. Where a company holding company. acquire another. A good example holds majority stake in another is Facebook’s acquisition of company, then that other Note, however, that a company Instagram and WhatsApp—which company is partially owned. merely buying shares in another are now its subsidiaries. Where the holding company company does not automatically owns 100% stake/shares, then create a holding-subsidiary Conglomerates. relationship. The stake acquired/ the subsidiary is wholly owned. Formation of conglomerates Ownership however, is different shares bought must either exceed

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is another way through which Madhvani Group of companies, a single stockholder, whether holding-subsidiary relationships Mukwano group of companies, natural or legal person and where manifest. The online Investopedia Ruperalia group of companies, the subsidiary is an operating Dictionary defines a conglomerate among others. company. as a corporation that is made up of a number of different, Why create a subsidiary? Secondly, it gives an opportunity of having separate unrelated sometimes unrelated businesses. First, it minimizes risk by shielding In a conglomerate, one company businesses each with its own the parent company from liability. management structure. owns a controlling stake in a While a holding/parent company number of smaller companies owns majority stake or exercises Third, subsidiaries may be used for all of whom conduct business control, it is not liable for the different branding and identity. 1 separately and independently . losses and legal liabilities of the Each business has its own name In Uganda, examples of subsidiary. However, there is an and brand unique to the services conglomerates include: Alam exception to this, where a veil it offers. Group which ownes Sugar & may be lifted to hold a holding Allied Industries Limited, Steel company liable for the obligations Concisely, subsidiaries are Rolling Mills Limited, Saimmco of its subsidiary. Some examples therefore important for Limited, Crocodile Tool Company, include situations where debtors organizational structuring, Alam Property Limited, Rhino form a company and transfer limitation of liability and branding. Footwear Limited, Casements to it all their assets with an Growing business empires will Africa Limited, Roofclad Limited, intention of defrauding creditors; find creating subsidiaries ideal for Uganda Oxygas Limited, Kaliro where a company is found to a sustainable business enterprise. Power Station. Other examples are be a mere instrumentality of 1 https://www.investopedia.com/terms/c/conglomerate.asp

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HOW TRADITIONAL KNOWLEDGE IN AGRICULTURE CAN IMPROVE AFRICA’S FOOD SECURITY

raditional Knowledge (TK) is simply the skills, ideas and knowledge passed within any community, generation after generation, causing to form spiritual and cultural Tidentity. Traditional knowledge is used to observe, monitor and report weather-related changes in food and agricultural systems and to adjust to these climate-related impacts. The loss of such knowledge and resilience results in increased food insecurity, poverty and conflicts, while livelihoods decline and biodiversity disappears. Agriculture is the science, art and practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to live in cities. The history of agriculture began thousands of years ago. After gathering wild grains beginning at least 105,000 years ago, nascent farmers began to plant them around 11,500 years ago. Pigs, sheep and cattle were domesticated over 10,000 years ago. Plants were independently cultivated in at least 11 regions of the world. Industrial agriculture based on large-scale monoculture in the twentieth century came to dominate agricultural output, though about 2 billion people still depended on subsistence agriculture.

By Twinomujuni Kafunjo, Traditional Knowledge Agriculture on top Coordinator The number of people employed in agriculture can be more than 80% in the least developed countries, and less than 2% in the most highly developed countries. Selective breeding and modern practices in animal husbandry have similarly increased the output “When an elder dies, of meat, but have raised concerns about animal a library burns” – welfare and environmental damage. Environmental issues include contributions to global warming, Amadou Hampate Ba depletion of aquifers, deforestation, antibiotic resistance, and growth hormones in industrial meat production. Genetically modified organisms are

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Variety of plant species According to Food Agricultural Organisation (2009), stated that approximately 10,000 to 15,000 plants that are known to be edible, about 7,000 species have been used in agriculture for food and fodder throughout human history. Today, less than 2 percent of these are recognized as economically relevant at the national and global levels. Currently, 20 cultivated plant species provide 90 percent of all the human food derived from plants; 12 plant and 5 animal species together provide 70 percent of the human diet. Such a narrow genetic basis puts food sustainability at risk. Of the 7,000 animal breeds developed by traditional herders/ pastoralists, 1,000 have become extinct over the last century. If remedial action is not taken, a further 2,000 domestic breeds will become extinct in the next 20 years. Only 14 domesticated mammal and bird species now provide 90 percent of the human food supply from animal sources. Today’s international breeds are based on a narrow genetic base; food security is threatened when these breeds are affected by pests and diseases, and by climate and environmental changes. Global traditional knowledge Worldwide, farmers and indigenous and local communities have traditional knowledge, expertise, skills and practices related to food security and to food and agricultural production and diversity. Traditional farming, fishing, pastoralism/herding, foraging and forestry are based on long established knowledge and practices that help to ensure food and agricultural diversity, valuable landscape and seascape features, livelihoods and food security. However, traditional livelihoods and indigenous plant varieties, landraces and animal breeds are now increasingly endangered by large-scale commercialization of agriculture, population dynamics, land-use/cover changes and the impacts of climate change. widely used, although some are banned in certain During the precolonial and colonial times, British countries. missionaries and later colonial masters, coming with a supposedly superior knowledge of farming Many rural peoples have generated traditional techniques, sought to impress the local African knowledge related to the thousands of indigenous farmer to change their centuries old methods of crop and plant varieties, animal breeds, landraces farming. From the time of colonial incursion into and wild species that they use as food, medicine Africa, indigenous knowledge of agriculture became and other products to ensure food and livelihood the practice of the seemingly ignorant rural peasants. security. Currently, there are 10,000 cultures and 6900 languages globally involved in thousands of According to Chika Ezeanya-Esiobu (2019), the traditional knowledge systems. education system in Africa has consistently ignored the knowledge, skills, and survival strategies of local farmers, who have successfully managed

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their farmlands and remained Traditional versus modern greater attention being paid to productive for centuries, with The increasing realization of the local or indigenous knowledge. little or no external input. hazardous effects of so-called Nathan Einbinder and Helda modern farming methods - such Despite the glaring differences Morales (2019) in a piece titled as synthetic fertilizers, and toxic between African and European “Why traditional knowledge is the chemicals that act as pesticides climates, the subject of key to sustainable agriculture” - have resulted in European agriculture as taught in African have argued that after decades of scientists scuttling through the schools and colleges relies almost technological advances focused villages of Africa in search of entirely on European models on grain production and the indigenous knowledge as a “major and applications. Agriculture development of synthetic inputs, untapped source for developing textbooks from which students there is finally recognition that sustainable agriculture”. are taught are in some cases the benefits - higher crop yields imported from Europe, and and increased food supply - also Tim Hart (2005) in a study titled when published in Africa, rely come with side effects. These “Indigenous Knowledge and Its on published European texts for include widespread soil and Relevance For Agriculture: A Case ideas. Not much effort is invested water contamination, human Study In Uganda” notes that in in research into indigenous displacement from the expansion recent decades an increased knowledge of rural farmers, and of large-scale monoculture awareness has arisen of the the use of such in formulating farm operations, health impacts failure of conventional agricultural science- and technology-based including diabetes, and heavy practices to be effectively and agricultural practices that will reliance on fossil fuels, among equitably applied to the different work sustainably in Africa. others. types of zones in which agriculture is practiced. This has resulted in

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Unique practices In a paper titled “Reconciling used under each system are more Traditional Knowledge with similar than they are different. As a means to improve food Modern Agriculture: A Guide for security, as well as tackle other Building Bridges” Klaus Ammann Growth challenges issues related to cultural and (2007) points out that in the years Unfortunately, farmers’ access environmental restoration, many since the Convention on Biological farmers have turned (or returned) to certain resources such as free Diversity was adopted, issues electricity to draw groundwater to agroecology - a set of ancestral of traditional knowledge have and sustainable practices and for irrigation, the negligence of come to affect the legitimacy of legumes in crop rotations, and principles that include the use the multilateral trading system, of heritage crops; seed saving; the indiscriminate application in general, and its IP (intellectual of chemical fertilizers and soil conservation measures, such property) aspects, in particular. as reduced or no tillage; and the pesticides have culminated production of composts from Combined knowledge in the degradation of soil and local organic material. While water. The damage to the local interest in agroecology In order to engage indigenous ecological foundations essential is notably high, communities knowledge in furthering socio- for sustainable advances in that promote it struggle to economic development, policy- productivity have led to the compete against national and makers will need to reconsider onset of fatigue in agricultural international programs that gift the prevailing notion of a systems. The initiation of agrochemicals and hybrid seeds, fundamental dichotomy between exploitive agriculture without which, despite bumper harvests indigenous and scientific a proper understanding of the in the first year, cannot be re- knowledge and begin to challenge various consequences of every collected due to their sterility or both types of knowledge. The one of the changes introduced patents, and are reported by local dichotomy between traditional into traditional agriculture, farmers as intolerant to drought. and scientific ways of knowing is and without first building up a Agrochemicals continue the cycle not only artificial but problematic, proper scientific and training of displacing local knowledge in that it hinders exchange and base to sustain it, may only lead of how to maintain soil fertility communication between the us, in the long run, into an era of through careful management two. The dichotomy between agricultural disaster rather than of organic material; how to traditional knowledge and one of agricultural prosperity. scientific knowledge is most avoid pest outbreaks through Need for protection & intercropping and knowledge of apparent in, and lies at the root soil types and microclimate; and of, perceived differences between Promotion the approaches of today’s organic how to use other interrelated The promotion and protection farming and technology-intensive practices that, among the families of traditional and local food farming systems. we work with, involve a deep and agricultural knowledge connection to the land and its While indeed there are important will require international, stewardship. differences, traditional knowledge intercultural and interdisciplinary approaches, communication Knowledge is power and scientific knowledge share important similarities. and cooperation. Coordination There is need to empower those Knowledge, in both cases, is of indigenous and local who hold traditional knowledge, based on human observation communities’ sustainable use, support local groups, and and experience and is tested, conservation and management of introduce new techniques only replicated, and transmitted food and agriculture within and when easily appropriable and within its respective community across ecosystems and landscapes harmonious within surrounding through social institutions and will also require synergies that nature and customs. Only when mechanisms put in place for link food security, livelihood we once again start valuing that purpose. Moreover, deeper sustainability, poverty alleviation agriculture as a system that is part examination of the genetic and food and agricultural of a larger social system, with all integrity of plants used within productivity to rural development the history and tradition that organic and biotechnology-based processes based on in-situ and comes with it, will we see a shift agricultural systems shows that ex-situ conservation of food and to truly sustainable agriculture. the respective crop varieties being agricultural genetic resources.

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THE DISTINCTIVE ROLE OF MARRIAGE REGISTRATION IN UGANDA

By Vincent Katutsi-Director Civil Registration

arriage union redefined by western is first traced culture that was brought in biblical in by Christian missionaries writing with and Arab traders from Mthe creation stories. The Europe and the East book of Genesis gives an respectively. What is obvious though, is that account of the first union the underlying aspect that between man and woman. defined marriage, were It is written, “God said, ‘It similar across the board. is not good for the man For example; to be alone. I will make a helper suitable for him”… a) Marriage was that is why a man leaves his understood to be father and mother and is between a man united to his wife, and they and a woman who become one flesh.The Bible were unrelated by is believed to be one of the blood. In traditional oldest books ever written, African culture and just as Adam is believed to status and gained them special biblically, marriages be the first human creation and recognition. These unions were were polygamous. In Eve the second. If this belief were highly regarded within and out Christendom, however of their communal settings and to hold true, it suffices that the the marriage was one buttressed relations among clans. union mentioned is the first ever to between one man and occur between a man and woman Marriage as understood one woman to the and one can authoritatively say traditionally was a union of a man exclusion of all else. that marriage has existed since and woman(women) of age. Age b) The family played a key of marriage was determined by time immemorial. role in choice of a suitable prevailing cultural standards but Unions between adults are as old in principle girls who presented suitor much as the parties as human existence and were at as mature, were eligible to get provided the necessary the centre of human heritage. married. In some cultures, men consent. In instances Revered as a community event, had to undergo initiation into where the girl was below marriage was viewed as central adulthood before they could be a certain age, the consent to procreation ‘be fruitful and eligible to marry. of the parents was multiply; fill the earth and subdue required before such girl it’. In traditional cultural setting, Marriage customs across could get married. Men and women of age working culture closely with their families, formed c) Marriage was always unions that changed their social The basic tenets that defined a practice by people marriage where later to be

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“government”. Marital unions are therefore not a creature religion as seems to be the understanding of some people but a cultural way of life that has taken shape and is influenced by various cultural belief systems. In African tradition, Marriage occurred under the watchful eye of the community and was a social issue controlled by clear albeit unwritten codes of values and norms. In societies that had political A couple shows off their marriage certificate after their civil wedding at the URSB Headquaters. order, the political dominion had an oversight function. deemed to be of age. In divide, Muslim converts married In biblical times, marriage traditional cultural setting as many as four wives whilst was a civil ceremony and was the start of menstruation Christian converts were restricted overseen by the state. was a good indicator that to one wife. Sooner than later a girl was mature and came the Indians following the As it eventually evolved, the duty ready for marriage whilst building of the railway line. Their to preside over these functions in some cultural, men population begun growing in the was ceded to the church but the underwent some initiation establishing township that their state maintained firm grip. In to be eligible to marry. numbers soon blossomed into a effect, alongside canonical values, The western approach cultural pressure grouping. the state provides parameters was premised on age that are central to the marriage The above status quo, created as a number whilst the ceremony. Some of these for competing interests in as Islamic approach was not parameters include determining far as culture was concerned, too far from the African the majority age when a party the strongest cultural grouping cultural understanding of maybe legally married, the steadily subduing the less maturity. concept of free consent of couple, assuming ones. Today Christianity the equal rights and opportunities The advent of European has heavily impacted traditional during the marriage etc. missionary adventure into Africa African culture using modern by necessary implication affects class room education as the In Uganda today for example, the the way some of our traditional primary driver. This has however majority age is given as 18 years. cultural practices sometimes not wiped out the Muslim faith Any marriage union that does not demonizing them as barbarian and traditional practices of the recognize that set factor is void and not fit for practices in what Indian Hindu practices. ab initio and the guilty party is a to them was modern society. culpable before the law. State role in marriages As such practices such as Marriage in Uganda’s setting bride wealth were considered What is clear is that marriages wife purchase and polygamy since time immemorial were a Similarly, the church is an was deemed un godly. Due to function of the ‘state’. i.e. there appointed agent of Government competiting interest among has always been centralized in conducting the marriage the Muslim Arab traders and control managed by some kind of ceremony and as such must European Christian missionaries, social order in today’s language observe certain criteria before depending on which side of the performing that function. Over

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and above the eligibility to marriages existence and save Marriages, churches would licence marry criteria, these include, for evidence to contrary makes before solemnizing marriages authorization to celebrate such conclusive proof of one’s marital and the local administration marriage evidenced by licence. status. was actively engaged collecting Note that none observance of this and transiting all marriage In Uganda today, the notion of license nullifies the union. records to the Registrar General. marriage registration is barely The late 1970s social disorder In Uganda today, there are five taking shape again following characterized by coup d’etats types of legally binding marriage years of turmoil and institutional and liberation struggle, the unions, viz; breakdown. In the early years system and institutions where after independence, records of a) the customary marriage heavily impacted but society marriage, birth and death were regulated by the continued to exist. Marriages religious maintained by the office Customary Marriages continued being performed of the Administrator General and (Registration) Act, albeit in many unlicensed places later Registrar General under b) the church marriages of public worship, the statutory the Ministry of Justice. These regulated by the Marriage expectation was eroded with records can easily be traced at the Act, time hence no licensing and or successor institution; the Uganda c) the Civil marriage equally registration. regulated by the Marriage Act, At the Uganda Registration Services Bureau today, we d) the Islamic marriage regulated by the preach the gospel of marriage Marriage and divorce of registration. This is the bedrock Mohamedans Act and of social cohesion and the e) the Hindu Marriage foundation of the family the regulated by the Hindu basic political unit. Marriage Marriage and Divorce registration has become central Act. in global politics for emigration purposes, strategic planning and In recognition of these marriages, social protection of vulnerable the various laws provides that they groups such as women, child, will be conducted in accordance and refugees. with rites and customs of each given sect. This legal recognition In this article, it is my intention of the various marital unions to clarify the types of marriage should not be taken for granted. prevailing in Uganda, to This sets a leveled play field of emphasize that as a legal Registration Services Bureau. all persons engaged in these concept, non is superior to the The same however can be said marriages in as far as rights and other and that persons living in of the similar records during the obligations emanating by virtual Uganda are free to choose the mid 1980s up until 2012. With of these marriages is concerned. marriages of choice and celebrate heightened sensitization and them. The only underlying issue Under the various laws, all rigorous campaigns, the registry is that calls for urgent attention is marriages entered into or today reconstituting the register that marriage registration should solemnized whatever the asking all designated marriage be treated with the utmost of circumstance must conform celebrants to file including urgency if the parties involved with the constitutional standard backlog. are to benefit from the social and with respect to free consent and Licenses for places of legal services that are a preserve consent age and ultimately must worship of the married. be registered. Registration of marriages by face value provides With respect to licensing places prima facie evidence of such of worship for celebration.

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URSB IN PICTURES MASAKA REGIONAL OFFICE OPENING: To expand reach of services, the regional office was unveiled in the Masaka Munici- pality. Below are some of the pictures of the launch ceremony that was presided over by the Min. of Justice & Constitution- al Affairs, Hon. Prof. Ephraim Kamuntu.

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1. The RG, Mercy K. Kainobwisho (c), Lawrence Byensi (3rd R), 4. Tony Glencross (4th L), Mananging Director, Nation Media Ag. Director General UIA in a group photo after a courtesy Group-Uganda, Mercy K. Kainobwisho (5th L) in a group visit. UIA & URSB run joint activities topromote the ease of photo after the RG’s courtesy visit to the business in Uganda. Newspaper Offices in , Kampala.

2. The RG Mercy K. Kainobwisho (2nd L), David Livingstone 5. The URSB team led by the RG Mercy K. Kainobwisho, pose Ebiru (2nd R), Executive Director UNBS pose for a photo for a group photo with Kin Kaliisa- MD Next Media Services after a meeting. inside the NBS TV studios during the team’s visit at the Next Media Park in Naguru, Kampala 3. The RG, Mercy K. Kainobwisho (c), Allan Shonubi (4th L), Senior Partner, Shonubi Musoke pose for a group photo 6. The RG Mercy K. Kainobwisho, (R) hands over a gift hamper after a meeting at Shonubi Musoke & Company Advocates to Rashmi Pillai, the Executive Director, Financial Sector offices. Deepening Uganda. The two parties met to agree on joint activities to support the financial services sector.

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1 -3; Women in Business Club; To celebrate International Women’s Day and support female entrepreneurship, the Registrar General officially unveiled the Women’s Day exhibition at the URSB Headquarters in Kampala. Women exhibitors were offered the opportunity to showcase their businesses to the general public. 1

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4. Hatwib Mugasa (L), Executive Director, NITA-U together with Mercy K. Kainobwisho, Registrar General URSB sign an MOU that will support an SMS gateway service to fasten service delivery for clients.

5. The RG Mercy K. Kainobwisho (R) exchanging MoU documents with Umar Nyanzi, President of the Muslim Centre for Justice & Law at the URSB Headquarters in Kampala.

6. Staff cut cake to celebrate Valentine’s Day 2021 at the Civil Registry. 6

URSB Newsletter January-March 2021 15 NEWSLETTER

TEARS OF A CRIMINAL

By ASP Alex Tumuhairwe: In-Charge, Enforcement Operations-URSB Enforcement Unit Around late 2018, I headed an enforcement operation at Nkrumah Road in search of suspected counterfeit/ infringing products. I accessed a store that I later learnt belonged to someone called Yiga (Not real Names) which was full of these counterfeit products. Immediately I accessed the stores, the owner appeared with two women who were related to him. Surprisingly, Yiga was known to me since he had been a victim in our Alex Tumuhairwe (2nd L) with other enforcement officers carry out an enforcement operation in down town Kampala. previous enforcement operations where a few of such counterfeit rading in Pirated/ operation is a planned activity products were recovered from his counterfeit products in the areas where a crime is other shop. is one of the growing suspected to be committed crimes in the country. with the aim of recovering the On seeing us sweeping the entire TThis crime occurs when someone needed evidence for arrest and stores, Yiga and the relatives uses another person’s creative prosecution. knelt and broke into tears. It was (intellectual property) works my first time to see three mature In June 2018, we received a without their permission. The law people kneeling and weeping complaint from a client who provides that for any person to before me and begging me not had registered his trademark use another person’s Intellectual to take their “Maali”(Goods) as it in Uganda and was importing Property rights, it has to be with was their only means of livelihood products that bore his registered the consent of the rightful owner, and survival. I was so touched but trademark. He reported that there and or else, the person will be Yiga became more shocked that at were other importers in Uganda taken to be infringing on the rights that moment even money could dealing in similar goods bearing a of the owner and is answerable not save his Maali. Yiga’s blood similar trademark on them. These under the law. pressure shot up, immediately dealers had successfully confused fainted and he was carried outside Enforcement operations are his customers which had led to of the building and rushed to those activities that I enjoy most loss of some economic benefits as for treatment. when executing my duties as a the market was now shared. I was so touched, sat down for Police Officer. An enforcement

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a while trying to conceptualize the situation and when I came back to my senses, I realized that was my profession and had to complete the task successfully. Yiga was later on convicted of trademark infringement and served his punishment. On top of that the whole store of goods was destroyed as the infringing items could not be returned to the market . When, I visited the same place recently at Nkrumah, Yiga’s stores were being rented by other people and I was informed that Yiga was in Kayunga where he had started commercial goat farming upon release from prison. Its of recent in November 2019 while doing enforcement operations at Zai plaza that I experienced a similar situation. As the seizure of suspected pirated material was taking place, I saw a number of people weeping and others fainting as the infringing materials were being bundled on to the police car for transfer into police custody. No amount of pleading with me from the area leaders could save the situation and whatever had been recovered still could not be released to them until investigations were finalized. I was later informed that one of the victims of my enforcement vowed never to deal in pirated movies again after the loss of her investment. Although I tend to ignore these tears when wearing the professional uniform,when I put aside the profession, these tears become embroiled on my brain. Generally dealing in counterfeit and pirated products may seem to be highly profitable and very addictive but in the event that you are caught in this crime, the consequences are highly costly not only to the suspect but to everyone. Alex Tumuhairwe fully dressed for enforment operations.

URSB Newsletter January-March 2021 17 NEWSLETTERNEWSLETTER

COPYRIGHT PROTECTION OF COMPUTER PROGRAMS IN THE DIGITAL ERA

By Wabugo Michael-Project Support Officer under the Berne Convention (1971). Further, the WIPO Intellectual Property Copyright Treaty adopted in 1996 which is considered to be an update of the Berne Convention confirmed rotection of computer programs is one of the in article 4 that computer programs are protected as major concerns which has occupied the global literary works within the meaning of article 2 of the Intellectual Property System. In the early 1970s latter. This protection applies whatever may be the when the software market started expanding, Pinternational IP experts became preoccupied with mode of expression of computer programs. whether computer programs could be protected under Copyright laws sui generis (special kind) of regime, patents or copyright. Consensus was later achieved, the copyright IP regime The Copyright and Neighbouring Rights Act, 2006 identified as the most appropriate for the protection of under Sec. 5 lists computer programs as eligible computer program. subject matter for copyright protection. The Act harmonises Uganda’s copyright law with the TRIPS This consensus was reflected in the World Trade Agreement in respect to protection of computer Organisation Agreement on Trade Related Aspects programs. of Intellectual Property (TRIPS) in Article 10.1 which provides that computer programs, whether in source A computer programme under the interpretation or object code, shall be protected as literary works section of the Act means a set of instructions

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in situations where a licensee or an assignee may request for proof of ownership. Registration can also serve as prima facie evidence contestations of ownership. Programming & copyright A person seeking registration of a computer program must fill a copyright application form and pay the requisite fees. The application must be accompanied by a copy of the source code stored on a storage medium like a CD or printed in hard copy and other expressed in any language, code or notation, accompanying materials e.g. flow charts, manuals intended to cause the device having an information and brief write up. The applicant is issued with a processing capacity to indicate, perform or achieve a notice and this must be published in the Uganda particular function, task or result. gazette for a period of sixty days. Upon lapse of the notice period in the absence of an objection, a Computers are devices that have an information certificate of copyright registration is issued. processing capacity, they store, process and retrieve information. It is also understood that computer There are limitations or exceptions to the protection of programs are commonly installed and executed on a computer programs. The Copyright and Neighbouring computer. Computers are dumb, they simply carry Rights Act, 2006 doesn’t expressly provide for such out tasks under the command of a user. This is made limitations and this is a matter for consideration possible by a computer programs or usually referred when the Act is reviewed for amendment. The to as software. common limitations in the computer program include decompilation for interoperability purpose or to Software protection enable the program work on other devices, making a back up copy to correct errors , make a back-up copy, There are two categories of software, system study, understand and test a program to determine software and application software. The latter its suitability for the person’s use and for any purpose manages the hardware resources in computer, it is that is not prohibited under any license or agreement known as operating system software like Windows whereby the person is permitted to use the program. or Mac Os while the former enables a user to make use of the computer, for example, preparing a word document. Computer programs are coded in different languages; machine language or high level language. Machine language are understood by the computer, computers understand in binary digits (0 and 1), high level language are human intelligible therefore can be understood by those with knowledge in software programming. There are many high level programming languages including Java and Python. Copyright protection of computer programs is the object code or source code and not in the functionality. For a source code to be executed by Copyright protection of computer programs is a computer, it must be translated into a machine pivotal in stimulating the growth of Uganda’s language by another program called a compile or ICT sector given the fact that it is one of the key interpreter. Copyright protection of a computer priority of Vision 2040, which has been identified program is automatic upon creation. But an author to transform the country into a modern economy. of a computer program can voluntarily register his It is therefore important that software developers or works. Registration has benefits to a copyright or owners of computer programs understand how holder of a program namely; it serves as proof of best they can use IP to protect their innovations. ownership and makes it easier for commercialisation

URSB Newsletter January-March 2021 19 NEWSLETTER

CURBING CORRUPTION TOGETHER

ganda Registration Services Bureau, in the only if the whistleblower wishes to reveal month of January 2021, launched a whistle their identity; blowers hotline. This publicly accessed c) If the whistleblower reveals their identity, medium is poised to offer the public, the receiving officer will ensure that an Ua platform to report all incidences of corruption, acknowledgment of receipt of the information bribery and coercion to pay for services outside the is issued to him/her as evidence of receipt; acceptable legal means. The new Hotline which is open to both staff and the public, offers an open and d) The receiving officer will then prepare a safe environment within which anyone can report in preliminary report with recommendations good faith, any suspected misconduct or wrongdoing based on the disclosure made and submit by staff. to the Registrar General for further management. Procedure: Please note that all information related to the Once a call is placed, the receiving officer shall; disclosure of information is by phone call on the whistleblowers’ hotline. The phone call is not a) Document the information provided by the recorded to uphold confidentiality and maintain whistleblower in a prescribed form for record anonymity of the caller/whistle-blower unless the purposes and may request the whistleblower person wishes to disclose their identity. to provide evidence related to the act in the safest way possible to help aid investigations; Protected reporting of corruption on the b) Ensure that the Form which has the recorded Whistle Blowers Hotline-0414673200 information is signed by the whistleblower

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URSB Newsletter January-March 2021 21 NEWSLETTER

Registra�on of Security Interests in Movable Property (SIMPO)

You can now register your company using a one paged lean memorandum and ar�cles of associa�on (memarts).For a copy of the memarts, visit our website www.ursb.go.ug r n u a a n WhatsApp 124444 r ca ur toll free line 1 6.

28, Edward Avenue, Mayor’s Chambers

22 January-March 2021 URSB Newsletter