The Fine Art of Management by Conflicts

Of the series of girlfriends—too many for my own good—,two stand out for their abilities at creating conflicts. Just when I am feeling comfortable and considering the ultimate possibilities, boom! Where did that come from? I am hit by a crisis. I am accused of this and that. As I become defensive we sink down to our lowest selves as we shout at one another. This is followed by the silent treatment. Sooner or later we are buddies again and in paradise—till next time! With time, however, the cycle becomes old and we drift apart and are only friends with benefits—if you know what I mean.

The story of confrontational relationship management may well mirror the story of Museveni’s NRM vis-à-vis the Uganda population. This year alone we can count a series of deliberately created conflicts meant to put the population on edge.

1. As his CHGOM intoxication was wearing down, he needed something to stir the water. He thus derided the Juba talks to the extent of dissociating himself from his own representative, Rugunda. What was that all about?
2. If you can understand the near fanaticism in floating the conflict-loaded land legislation, give me call. Now we will see how he will manage the practical implications of the said law in the Temangalo land saga.
3. Denying a tribal king the right to visit his subjects
4. Tribal ministers being roughed up for no apparent credible reason but to show who is the boss of all bosses.
5. Handling the Temangalo land issue by bending laws to achieve desired self-serving outcomes.

As if these were not tiring enough, this week Mr. Museveni went back to his old conflict grazing ground of Acoliland by releasing information on his design for taking land by using the government’s power of eminent domain.

Yes, in a democracy, a government can take land from owners based on certain constitutional and legal framework. The law of eminent domain is, however, fraught with controversies which his international agencies might have to contend with as they help in financing the Madhivani sugar scheme.

Acoli is not new to land appropriation by the government. However, even in the totalitarian colonial British rule, the government had to negotiate with the Acoli in taking large swaths of land for the Paraa Game Park. Incidentally, the terms of that settlement need to be revisited because the government maybe owing Acoli billions in back royalties on paid usage by visitors to the park.

What then is the power of eminent domain? This assumes that Uganda is not China, and the government is accountable to generally accepted legal principles based on the democratic world model. In this model eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use. However, in most jurisdictions this power is weighed against the equally valid claim of private ownership and the right to do with it whatever manner one legally wants. And so to effect eminent domain there must be just compensations or some court hearings on alternative uses.

In the case of the said Acoli land, community property is a recognized private property to which the residents have asked to get settled down first after a virulent conflict before it can negotiate directly with the Madhvani Group. Is this too much to ask? Or is the present overture the equivalent of looting a house on fire?

In a twisted version of public use, the government now defines economic use as public use. That is partly why it tactically injects a percentage of government ownership in the deal as a public usage ruse.

If the Acoli MPs were astute tacticians, they should have long been prepared for this because Mr. Museveni will try every avenue to get his way. We live in interesting times. Let us be prepared for long legal battles ahead.