About me.

Andrew M. Mwenda is the founding Managing Editor of The Independent, Uganda’s premier current affairs newsmagazine. One of Foreign Policy magazine 's top 100 Global Thinkers, TED Speaker and Foreign aid Critic



Monday, February 18, 2019

Impunity at Bank of Uganda


How institutional independence allowed the central bank to indulge in gross mismanagement and incompetence

THE LAST WORD | ANDREW M. MWENDA | Last week was the most shameful for Bank of Uganda. During hearings before the parliamentary committee on Commissions, Statutory Authorities and State Enterprises (COSASE) it was exposed that BoU sold the assets and liabilities of the now defunct Crane Bank Limited (CBL) irregularly in blatant violation of the law.

First, a caveat: I am biased when it comes to issues of CBL. Its former owner, Sudhir Ruparelia, is my friend. I was a customer of CBL as were all businesses I am associated with. In this capacity, I experienced the high quality of service CBL extended to their customers and which was tailor-made to address the specific characteristics of our society. Therefore, my personal bias and interest should not blind the reader to the issues I raise.

BoU took over statutory management of CBL on October 20, 2016. It then, on November 30, 2016, entered an agreement with DFCU Bank to buy CBL’s assets and liabilities and gave DFCU unlimited access to CBL records.

Clearly BOU had no intention or desire whatsoever to stabilise CBL; its intention was to liquidate. On December 9, 2016, BOU asked DFCU to submit a bid to buy the assets and liabilities of CBL.

The first draft forensic audit report by PricewaterhouseCoopers (PWC) on CBL came out on January 13, 2017. So, essentially, BoU had invited DFCU to buy CBL assets and liabilities before it had an inventory of these assets and liabilities. How can you sell what you do not know? Secondly, BoU did all this without a forensic report showing the present value of the assets it was selling. Without a reserve price BoU simply asked DFCU to pay whatever it wished.

Now we must remember that the Financial Institutions Act (FIA), clearly states that: “In determining the amount of assets which is likely to be realised from the financial institutions assets, the receiver shall a) evaluate the alternatives on the present value basis, using a realistic discount rate; or b) document the evaluation and assumptions on which the evaluation is based, including any assumptions with regard to interest rates, asset recovery rates, inflation, asset holding and other costs.” BoU disregarded these provisions completely.

DFCU grossly undervalued CBL assets knowingly and paid peanuts. Hence, a month after buying them, it re-valued them at prices five times higher. For example, CBL had valued its branches at Shs90 billion. DFCU valued them at Shs10 billion and paid stamp duty at that price. It re-valued them at Shs48 billion immediately after. Is this not tax fraud?

Why did BOU act with such recklessness and DFCU accept to go along with this blatant violation of the law if the two were not colluding to defraud the shareholders of Crane Bank and the taxman? For two decades, BOU has adopted a policy where, whenever a commercial bank is in distress, their only solution is to liquidate. They make no consideration of any alternative; like how they can rescue a bank. Over the years, I have realised that this is a result of four factors in order of their importance: ideology, impunity, incompetence, and corruption.

Ideologically there is hostility to local ownership of banks. We assume that bankers do insider lending and other practices that undermine the viability of a bank. This bias is not pulled out of thin air. It is the response to this that matters. The lesson we get from such mistakes is criminal prosecution of the culprits, which silences them. BoU then hands over the local bank to those it wishes in sweetheart deals that suggest collusion between BoU and the buyers.

A business, like a person, grows from infancy to maturity. In infancy, it will make many mistakes and suffer the problems of incompetence, mismanagement, and even fraud. In practically every enterprise, these mistakes should be opportunities for learning, correcting mistakes, and improving on performance. Every person, organisation, business or country grows through such feats and starts.
The ideological problem in Uganda is that where local firms are involved, such mistakes become the excuse and the justification for shutting them down.

To kill a business because of these mistakes is like punishing a child of one year because it pees and plays in its own pee. This has led us to a situation where the commanding heights of our economy are owned by foreign firms. Ugandans only work in them as employees. Hence profit repatriation, transfer pricing and other illegal remittances by multinational firms are sucking the country dry.

BoU officials have defined their role narrowly i.e. to achieve financial stability. This is helped by the FIA. In pursuit of this narrow objective, BoU officials abuse their independence by acting with impunity, intimidating, and blackmailing owners of distressed banks with criminal prosecution to unfairly dispossess them. In cases involving local owners they had also jailed some of them. This suppressed any challenge to the criminal and fraudulent way BoU acts.

Previously no one questioned whether BoU followed the law or whether their claims against any given failing bank were true. Indeed, no one asked whether the only option available to the central bank was to liquidate a bank in distress. Because everyone respected their independence and believed they were doing the right thing, the people at BoU felt omnipotent. Thanks to Sudhir, he was the only dispossessed bank owner who decided to fight back; a factor that has exposed BoU incompetence, impunity, and criminality.

I personally experienced this impunity and blackmail. During a meeting to resolve the problems of CBL at the ministry of Finance, Justine Bagyenda, then Executive Director Bank Supervision, told me point blank: “we are the state and were going to destroy Sudhir and take all his property, including that private home he is very proud of if he does not play ball.” Today I feel proud that I live in a country with strong institutions to check this kind of impunity. As we know, it is BOU managers like Bagyenda not Sudhir, who are in the dock.

Here was the crisis at BoU: Bagyenda lacked basic intellectual ability to understand the macro economic challenges of Uganda, and how to resolve banks in distress with strategic foresight. This was compounded by that fact that, while intellectually astute, Deputy Governor Louis Kasekende approaches bank issues through highly technical and theoretical lenses. To make a bad situation worse, Governor Tumusiime Mutebile was too ill to add anything valuable.

****

26 comments:

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Lauren Mathew said...

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Ann Lopez said...

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Alex reema said...

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Ann miller said...

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Florence charlott said...

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Sharon Wayne said...

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Amber Perez said...

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My husband left me for another woman 3 months ago and ever since then my life have been filled with pains sorrow and heart break because he was my first love whom i have spent my entire life with. A friend of mine told me he saw some testimonies of a spell caster called Dr Great that he can bring back lover within some few days, i laugh it out and said i am not interested but because of the love my friend had for me, she consulted the great spell caster on my behalf and to my greatest surprise after 2 days my husband called me for the very first time after three months that he is missing me and that he is so sorry for every thing he made me went through.He came back to me and now we are happy together. I still can’t believe it, because it highly unbelievable. Thank you Dr.Great for bringing back my lover and also to my lovely friend who interceded on my behalf, for any one who might need the help of this great spell caster here is the email address:

infinitylovespell@yahoo.com  or  infinitylovespell@gmail.com

you can also call him or add him on Whats-app:+2348118829899 

View his blog  http://infinitylovespell1.blogspot.com

Amber Perez said...

DR. GREAT IS THE BEST SPELL CASTER ONLINE WHO RESTORED MY BROKEN RELATIONSHIP AND I HIGHLY RECOMMENDS DR. GREAT TO ANYONE IN NEED OF HELP!
 
My husband left me for another woman 3 months ago and ever since then my life have been filled with pains sorrow and heart break because he was my first love whom i have spent my entire life with. A friend of mine told me he saw some testimonies of a spell caster called Dr Great that he can bring back lover within some few days, i laugh it out and said i am not interested but because of the love my friend had for me, she consulted the great spell caster on my behalf and to my greatest surprise after 2 days my husband called me for the very first time after three months that he is missing me and that he is so sorry for every thing he made me went through.He came back to me and now we are happy together. I still can’t believe it, because it highly unbelievable. Thank you Dr.Great for bringing back my lover and also to my lovely friend who interceded on my behalf, for any one who might need the help of this great spell caster here is the email address:

infinitylovespell@yahoo.com  or  infinitylovespell@gmail.com

you can also call him or add him on Whats-app:+2348118829899 

View his blog  http://infinitylovespell1.blogspot.com

Morris Catana said...

After being in relationship with my husband for years, he broke up with me. I did everything within my reach to bring him back but all was in vain, I wanted him back so badly because of the love I had for him, I begged him with everything, I made promises but he refused. I explained my problem to my friend and she suggested that I should rather contact a spell caster that could help me cast a spell to bring him back , I had no choice than to try it. I messaged the spell caster, and he assured me there was no problem and that everything will be okay before three days. He cast the spell and surprisingly on the second day, my husband called me. I was so surprised, I answered the call and all he said was that he was so sorry for everything that had happened, That He wanted me to return to him. He also said he loved me so much. I was so happy and went to him that was how we started living together happily again, Contact Dr Azaka Today the great Spell caster that can help you with any relationship issues, You can add him up on WhatsApp +2349059389105 or email Via azakaspelltemple@gmail.com or WhatsApp +2349059389105
Interesting to know that Dr Azaka also have solutions to problems like 
1) Love Spells2) Lost Love Spells3) Divorce Spells4) Marriage Spells5) Binding Spell.6) Breakup Spells7) Banish a past Lover8.) You want to be promoted in your office/ Lottery spell9) want to satisfy your lover
Thanks For Reading My Life Testimony

victoria joe said...

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I have something to share with you!!! There is a great joy in my heart which I want to share with everyone. My name is victoria joe. I had a misunderstanding with my lover a few years ago; which led to us to break up and he never wanted to hear my voice again. He saw a beautiful love more prettier than myself, but as time went on I met Doctor Love0. He is a great spell caster (medicine man ). I contacted him through his email: (doctor0lovespell@gmail. com) and explained everything to him. He said that I shouldn't worry, that my lover will come back to me on his knees begging for forgiveness. I bought  some items that he told me to buy for the preparation of the spell. After everything was prepared he told me that my lover will come to me after 24hours begging. My greatest joy now is that he actually came back to me and fell on his knees begging for forgiveness, and today we are happy. Do you have any problem with your loved one? Do not know what to do? Well worry no more because Doctor Love0 can provide you with a spell to get him or her back. With the help of a spell just as he helped me. Contact Doctor Love0 today via  FB page: https://www.facebook.com/Lovespellthatworkfastusa  or visit his website:  https://doctor0lovespell.wixsite.com/lovespell  also check his blogs: https://doctorlovespell0.blogspot.com/

amber rose said...

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I am Amber Rosa from FLORIDA, When I eventually found testimonies about this spell caster Dr.Love0, how he helped many people to get their lovers and broken homes back, i contacted him too,because I was absolutely desperate to get my lover back. Life without my lover was a real mess for me and my kids. i wanted a dramatic change and I thought love spell could be the solution. After discussing the resolution with Dr Love0, he gave me hope that he will restore my relationship. I felt confident that he will actually make my lover to return home and he did! It’s fantastic what this great spell caster have done for me, his help is priceless! I don't know what I would have done without Dr.Love0, He does his job so well he is organized and highly functional, i believe he is the best spell caster i can count on when it comes to all kinds of spell, I am so happy that my lover return back home. If you need help, contact him right now through these details below:Email: (doctor0lovespell@gmail. com)or visit his FB page: https://www.facebook.com/Lovespellthatworkfastusa check his blogs: https://doctorlovespell0.blogspot.com/  or check website:  https://doctor0lovespell.wixsite.com/lovespell

mofar said...


This is my testimony about the good work of Dr. GODWIN who help me.... I'm from north carolina USA. And am sorry for putting this on net but i will have to by this world top spell caster that brought back my husband which left me out for past 3 years, i eventually met this man on a blog site posting by one of is client for help, i explained everything to him and he told me about a spell caster that he had heard about and he gave me an email address to write to the spell caster to tell him my problems. In just 2 days, my husband was back to me. I just want to say thank you to this truthful and sincere spell caster, sir all you told me have come to pass and thank you sir. Please i want to tell everyone who is looking for any solution to problem such as LOTTERY SPELL, DIVORCE SPELL, DEATH SPELL, PREGNANCY SPELL, PROMOTION SPELL, i advice you to kindly consult this spell caster, he is real,he is powerful and whatever the spell caster tell is what will happen, because all what the spell caster told me came to pass. You can kindly contact him on: his email address is drgodwinsolutionhome@gmail.com or directly on whaTsapp +2348054615060 .. i will forever be greatful

Anusha Todurkar said...

A big thanks to Dr Oselumen i never believe that there still exist a real death spell caster after all this years of disappointment from the enormous spammers on the Internet who go about scamming people, until i was opportune to meet Dr Oselumen a real spell caster, through a close friend called Jennifer who Dr oselumen had helped before, when i contacted him with his email via droselumen@gmail.com i explain how my ex have been giving me problem in my marriage, she never allowed me a moment of peace, and i need to end it by killing her, and i don't want to make use of assassin because it will be risky so i needed to do it in a spiritual way that's why i decided to contact him, he assured me not to worry as i have contacted the right person at the right time, i co-operated with him and in less than a week my ex was dead, she slept and never woke up all thanks to Dr Oselumen indeed he's really a humble man. you can contact dr oselumen for any death spell, such as to kill your superior in the office and take his or her place, death spell to kill your father and inherit his wealth ,death spell to kill anyone who have scammed you in the past ,spell for increase in salaries, spell for promotion at the office, spell to get your ex lover back, if things is not working well in your life then you need to contact him now via Email droselumen@gmail.com call or add him on whatsapp +2348054265852.

grace said...

Are you looking for a way to get back your relationship if yes help has come your way i got a testimony online about Dr Abaka how he help someone in getting back his wife and i contacted him for help i am so happy that right now my husband is back to me with the help of Dr Abaka if you need help in getting your ex or your relationship back you can contact him he will help you just the same way he help me win my husband back after 2 years of separation contact him today and be happy with your marriage you can email him on drabakaspelltemple@gmail.com or call him on whats-app +2349063230051 or website https://drabakaspelltemple.blogspot.com.