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Alex Musinguzi Kiyimba Vs Electoral Commission & Anor. (Mbarara HCT Election Pet. No. 07 Of 2011) [2011] UGHC 89 (8 July 2011);
IN THE HIGH COURT OF UGANDA
AT MBARARA
HCT-05-CV-EP - 7 of 2011
ALEX MUSINGUZI KIYIMBA…………………………….……………PETITIONER
1. ELECTORAL COMMISSION,
2. OWOYESIGA DEUS MUKYENGA……..…………………………RESPONDENTS
J U D G M E N T
Before: LADY JUSTICE CATHERINE BAMUGEMEREIRE
The Agreed facts:-
The Petitioner (Alex Musinguzi Kiyimba) and the 2nd Respondent (Owoyesiga Deus Mukyenga) were both candidates in Local Council LC III Elections held on 7th /March/2011. The Elections were in respect of the LCIII Chairperson for Ishaka Division, Ishaka - Bushenyi Municipality in Bushenyi District. Both Candidates had been duly nominated on the 29th October 2010. The said elections for LCIII Chairperson were conducted by the 1st Respondent, the Electoral Commission. The Electoral Commission declared the 2nd Respondent winner of the elections having polled 2,317 votes as against 1633 votes garnered by the Petitioner. The vote margin is 684 votes. It is also agreed as a fact that the 2nd Respondent had served as a Public Servant to-wit a special Police Constable (a.k.a SPC). It is the Petitioner's case that 2nd Respondent having been an SPC did not effectively resign the said office on being nominated and eventually elected as LCIII Chairman of Ishaka Division. The 2nd Respondent on the other hand contends that he was lawfully nominated and subsequently elected to office. He further contends that he did everything in his power to relinquish the office of SPC as proven by his letter of resignation dated 24th July 2010 and received by the Police Force on 13th August 2010.
The Petitioner challenged the declaration of the 2nd Respondent as winner by filing this Petition. Petitioner challenged the 2nd Respondent for being irregularly nominated and further alleged that the respondent committed offences and illegalities whose effect is to invalidate the whole election and render it null and void.
In a joint scheduling memorandum filed before this Court the Learned Counsel for the Petitioner, Adonia Benyamisa and Counsel for the Respondents, Tabaro Edwin assisted by Mwebesa for the 1st Respondent and Magoba for the 2nd Respondent agreed on a set of facts followed by four issues. The Trio also agreed that all the parties would rely on their affidavits which had been deemed as read and are on Court record. In addition they agreed on witnesses for cross-examination and the amount of time they would need for this whole exercise. Agreement was reached about the number of days needed for this petition. To this end the trio decided that they needed two days to carry out cross-examination of witnesses and submissions to make oral submissions and time was allotted for this exercise.
The main grounds of Alex Musinguzi's Election Petition are contained in paragraph three of the Petition and state as follows:
1. That the 2nd Respondent being a civil Servant did not resign before contesting as a candidate as required by the law.
2. That on the date of the elections on 7th March 2011, his agent, one Magezi Vincent at Ward III Taxi Park II Polling Station, wrote down the names of all the people who came for the voting exercise and they were (389) Three Hundred Eighty Nine voters of which Two Hundred Forty Two (242) were male and One Hundred Forty Seven (147) were female. There were also Seven (7) invalid votes making up (altogether) (396) Three Hundred Ninety Six votes.
3. That at the conclusion of the voting exercise, the counted votes were (435) Four Hundred Thirty Five only which exceeded the number of voters who came for the voting exercise and all this was well- known to the Returning Officer.
4. That the Petitioner states that all the above amount to gross malpractices which substantially affected the outcome of the election.
This Court will address the final prayer made during the submission of Learned Counsel Adonia Benyamisa for the Petitioner after a full review of the submissions by both counsel.
The agreed issues were as follows;
1. Whether the 2nd Respondent resigned from the Uganda Police Force prior to his nomination as a candidate for LCIII Chair/Person Ishaka Division in the Municipality of Ishaka – Bushenyi, Bushenyi District.
2. Whether there were any illegalities and offences committed by the Respondents?
3. Whether there were any malpractices and or irregularities committed and if so whether they affected the results of the election of LCIII Chairperson Ishaka, in a substantial manner?
4. What remedies, if any, are available to the parties?
The five witnesses were cross-examined during the course of the petition. They are;
1. PW1 Alex Kiyimba Musinguzi
2. The Petitioners were unable to procure Magezi Vicent for cross-examination. His affidavit (which for unknown reasons was not on Court record) was expunged but was availed to the Learned Counsel) from the record.
Respondent's case
3. RW1 Owoyesiga Deus Mukyenga
4. RW2 Twine Mike
5. RW3 Mulimira Barbara
It should be noted that the Petitioners having failed to procure Magezi Vincent, closed the Petitioner's case accordingly.
PW1 Musinguzi Alex Kiyimba filed one main affidavit in support of the Election Petition and supplementary affidavits. In his main affidavit Musinguzi Alex Kiyimba stated that indeed he contested against Owoyesiga Deus Mukyenga the 2nd respondent for the post of Chairperson LC III. He stated that the 2nd Respondent did not resign from his post of a civil servant as required by law. In his supplementary affidavit dated 25th May 2011 he stated that thus:
"That it is true the 2nd Respondent never resigned as a police special constable before being nominated as a candidate for Chairperson Ishaka Division, Bushenyi-Ishaka Municipality Local Government Council Elections 2011."
In this supplementary affidavit he further stated that the 2nd Respondent continued to draw a salary on the Government contrary to the law and to the Attorney General's opinion.
In this main affidavit in support of his petition dated 4/4/2011 he stated that the votes counted by his polling agents were not equal to the votes announced by the presiding officer. He further alleged that on polling day 7th March 2011, the 2nd Respondent used his car to transport people who were to participate in the election.
In cross-examination by Magoba for the 2nd Respondent PW1 stated that he knew Owoyesiga very well. He further said in cross that he noticed after the elections that the Petitioner did not resign from office. He further said this had not come to his attention during the campaigns. In cross he acknowledged seeing a letter of resignation dated 24/07/2010 which had been received on 29/07/2010.
He stated that he acknowledged a receipt date of 13.08.201 and of an endorsement on 20.09.2010. He conceded that he did not know the procedure for resigning. He also referred to an uncertified document on "Edit payroll" with petition names dated March 2011.
Concerning the vote stuffing this witness stated that the petitioner relied on one Magezi who was his agent. He conceded that Taxi Park Ward II results would not have changed his results very much.
On cross-examination by Mwebesa for the 1st Respondent the Petitioner stated that at nomination 2nd Respondent stated his occupation as businessman. Further, regarding the transportation of votes he conceded that he did not personally see the 2nd Respondent transporting votes. That the vehicle must have belonged to one of his supporters whom he could not name and had no sound knowledge of the owners.
RW1 Owoyesiga Deus Mukyenga was the 2nd Respondent in this petition. In his affidavit in support of the answer to Petition stated that it was true prior to his nomination as a candidate for the post of LCIII Chairperson he was a Special Police Constable appointed on contract. He stated that on 24/July/2010 before his nomination he duly resigned in compliance with the electoral requirement.
In his affidavit he denied there being any irregularities or malpractices before, during and after his election to the post of Chairperson LCIII Ishaka Division and insisted that the election was free and fair. He the 2nd Respondent won this election by a margin of 684 votes.
He denied using his vehicle for transporting votes. In paragraph II of his affidavit he stated thus,
"That in response to paragraph 2 and 3 of the Petitioner's supplementary affidavit I wish to state that I resigned by my letter of 24.July.2010 and left duty and I expected my employer to remove my name from the pay roll thereafter. I was not aware that my name remained on the pay roll though as usual I continued operating my Account which I opened even before I was appointed as Special Police Constable."
In cross-examination Owoyesiga Mukyenga testified that he completed Junior Four. He also obtained a Diploma in Business Administration in 1992. He was appointed as an SPC on 26.08.2004.
In cross-examination he further said his duties as an SPC are to assist the police in executing their duties, to keep law and order and to protect property. Although he had an SPC uniform he did not own a gun. He earned 195,000 UGX a month. He stated on cross that he last received salary in June 2010. He stated that when the Police Force saw his resignation they stopped his salary immediately. He testified that the Police Registry received his letter of resignation on 13/August/2010. His evidence was that he never received any money in March 2011.When asked by Bemanyisa about his varying signatures he stated that he had sworn an affidavit showing a change in his signature. He indeed did acknowledge that the signature on most of his documents was different from the signature on his affidavit dated 27th May 2011. He then testified that he had sworn another affidavit changing his signature.
On re-examination is confirmed that he stopped receiving money in June 2010 and has thus not received any pay slips. He stated that he had duly handed over his uniform and that he did not have any property belonging to the police.
RW1 Twine Mike, a polling agent of RW1 Owoyesiga stated in his affidavit dated 27th /May 2011 that he reported to Ward III Taxi Park II polling station, on 7th March 2011 at around 7:00am.
He also stated that he did not see Magezi Vicent writing down names of the people who voted at that polling station.
He further stated that at Taxi Park II the Petitioner polled 93 votes while the 2nd Respondent polled 335 votes. There were 7 invalid votes. He denied that ballot papers cast exceeded the number of people who voted. He also stated that Magezi Vicent did not raise any objection at all. He (Magezi) only refused to sign after his candidate lost at this polling station. He testified that no complaint was lodged at all.
PW3 Mulimira Barbara in her affidavit dated 24/5/2011 stated that she is Returning Officer and also Registrar of Bushenyi District. She is an Officer of the Electoral Commission. She stated that the elections held on 7th March 2011 were free and fair and reflected the will of the people of Ishaka Ward III.
She stated that she never received any complaints from the Petitioner. She stated that had the Petitioner complained immediately his complaints would have been handled immediately. She stated that for instance the nomination forms of the 2nd responded disclosed that he was a businessman. He never disclosed that he had resigned as an SPC and therefore the Electoral Commission is not to blame for this. She stated that the polling agents in ward III Taxi Park II did not contest the result.
Under cross-examination by Benyamisa for the Petitioner, RW3 stated that she joined Mbarara Registry in June 2010. She had earlier been a Voter's Roll Editor in 2001. She was Data Entrant in 2006. This was her first time to be directly engaged in elections.
She further stated that nominations for LCIII were conducted around 29th October 2010. She also stated that for a person to be validly nominated she would have to verify signatures of a candidate's supporters. That addition, a candidate was required to present 50 signatures from the electoral area. If the candidate is a party flag bearer the officials verify that the chairman of the respective party has signed off and attested with a stamp. An independent candidate only needs his own signature and that of his agents. The officials also check for the stamp of the commissioner of oaths in order to ensure that documents are properly commissioned. In addition officials check whether a candidate has paid the requisite fees. A civil servant is also required to present a letter of resignation.
A candidate signs three sets of nomination papers which are then stamped. All three copies are original. The Returning Officer retains two copies and gives the candidate one copy of the nomination.
The returning officer stated on cross-examination that the most important oath was the oath authenticating the candidate. She further stated that the oath relating to the official agent carried less weight since candidates could pick, choose and change agents at will. She further stated that the omission in the dates of the oath authenticating candidate was a minor omission.
The Witness stated that she had 13 presiding officers. In reference to a declaration of result form for Ward III Taxi Park II, she saw only the signature of one agent, Magezi Medard. She did not know of any other Polling Agent. On re-examination she again restated that the 2nd Respondent said he was a businessman. She stamped his nomination forms on 29/October/2010. The Declaration Return DR form she referred to was the one found in the sealed ballot box after the elections took place. She stated that she only re-opened the sealed ballot box on receiving count papers which required the DR forms. Otherwise there were sealed away after polling day.
Annextures
The following Annextures received and marked as follows:
"Annexture A"-Resignation letter Marked "P1"
"Annexture B" the edit pay roll is not marked as Petitioner's exhibit since it lacks authentication.
"Annexure C" Marked "P2"
Annexure relating to the Respondents will be marked as R1
Annexure "A" appointment letter of second Respondent Marked "R1"
Annexure "B" Resignation letter dated 24/7/2010 Marked "R2"
Annexture "C" Termination Notice dated 27th May 2011 Marked "R3"
Annexture "D" Return Form for Transmission of Results Marked "R 4"
Annexture "Y" Appointment NKA polling Agent Marked "R5"
Annexture "M" Chairperson DR Form marked "R6"
The Law Applicable to Electoral Petitions of this nature is as follows:-
1. The Constitution
2. The Local Government Act (otherwise referred to hereafter as (LGA))
3. Presidential Elections Act
4. Parliamentary Election Act (PEA)
5. Civil Procedure Act
6. The Evidence Act
7. Civil Procedure Rules
8. Case Law
9. Election Commission Act
10. Procedures and Circulars relating to running of Government Office.
Burden and Standard of Proof
Although a Petitioner is required to prove his case on the balance of probabilities, that degree is heightened by the requirement to prove the matter to the satisfaction of Court. See Dr Kiiza Besigye v Yoweri Kaguta Museveni & Anor. Elec. Petition No.1 2001.
It is trite that the burden of proof in an election petition lies upon the Petitioner whose duty it is to prove the grounds of his petition to the satisfaction of Court. This degree of proof which is 'to the satisfaction' is a higher than that normally required in an ordinary civil suit.
Section 61 of the PEA sets down the degree and standard of proof expected in an election petition.
Section 61 (1) of the PEA states and I quote,
"(1) the election of a candidate as a Member of Parliament shall only be set aside on any of the following grounds if proved to the satisfaction of Court."
While in criminal cases a Court must be satisfied beyond reasonable doubt, the degree of proof in election petitions is to the satisfaction of Court. S. 61 (3) stipulates the standard of proof. It states;
"(3) Any ground specified in subsection (1) shall be proved on the basis of a balance of probabilities."
As stated above, the standard of proof is on a balance of probabilities; however, the degree of proof is heightened. This in part is due to the fact that election petitions are matters of national and collective interest. Due to the importance of the subject matter, the gravity of allegations and the sensitivity surrounding election petitions, the degree of proof in an election petition required is higher than that required in an ordinary suit.
As stated above, four issues were agreed upon and I will proceed to address the first issue:
Whether the 2nd Respondent resigned from the Uganda Police Force prior to his nomination as a candidate for LCIII Chairperson Ishaka Division in the Bushenyi-Ishaka Municipality.
Submitting on this issue, Benyamisa for the Petitioner adopted the definition of resignation in Aggrey Awor v Mugeni Steven Wasike & the EC Petition No.5 of 2006, in which it was stated that resigning was a formal renouncement or relinquishment of an office. That resignation must be made with the intention of relinquishing of office. Further that resignation must be spontaneous and the person must relinquish his rights under the post earlier held.
Relying on the Petitioner's supplementary affidavit dated 25.05.2011 Benyamisa submitted that the Respondent never resigned at all. He further averred that the authority who should have accepted the resignation of the 2nd Respondent was the IGP. He went on to state that by the day of election, the IGP had not accepted the 2nd Respondent's resignation. Benyamisa further submitted that going by his appointment letter Exh "P1" the duties of an SPC were the same as those of a normal police man. He then went further to submit that since the appointment letter stated that the appointment was subject to acceptance in a similar vein resignation could only be effective when accepted.
Relying on A.G v Gen David Tinyefuza Constitutional Appeal No.1 of 1997 (Supreme Court) Wambuzi C.J, as he then was, held that an army officer could only be discharged from the army by the authorized officer. The above case cited with approval the holding in A.G V Opolot(1969) EA 631, that a dismissal could only be effective only if it had been exercised by the President as the law provided. Benyamisa observed that in this petition before Court only the IGP or a person authorized by him was mandated to accept a resignation. He further submitted that the resignation was not effective until there was an acceptance from the IGP in writing (which did not happen before the 29/October/2010).
He argued that in the instant case an acceptance was written after Petitioner had filed his case and that the purported acceptance was simply an attempt to validate past illegalities.
The other leg of his argument was that whilst the 2nd Respondent wrote a resignation letter, he did not forthwith surrender the benefits that came with his job. It is therefore the Petitioner's case that there was some evidence that the 2nd Respondent may still have been on the pay roll by March 2011.
Benyamisa further argued that the 2nd Respondent in his affidavit dated 27.05.2011 was aware of the Edit Pay Roll which proved that he was still receiving salary. He further asserted that the 2nd Respondent admitted that his account was receiving salary although the 2nd Respondent blamed it on his employer.
Benyamisa alluded further to dishonest and untruthfulness in the evidence of the 2nd Respondent.
He submitted that the 2nd Respondent lied when he denied receiving a salary by March 2011. Further that he also lied when he stated that his salary was stopped in June 2010 when the record at the Police Headquarters showed that his letter of resignation was first received on 13th August 2010.
Furthermore, Benyamisa further argued that only documentary proof by way of bank statement would rebut the assertion that the Petitioner received salary in March 2011.
Further reference was made to S.90 and S.91 Evidence Act, General Industries v NPART Civil Appeal No.5 of 1998 (Supreme Court), Kasifa Namusisi & others v Francis Ntabazzi Civil Appeal No.4 of 2005(Supreme Court)
Learned Counsel Magoba for the second Respondent replied first. He submitted that indeed the 2nd Respondent effectively resigned his office thirty days before his nomination. He further contended that the 2nd Respondent's resignation letter was written by the 2nd Respondent on 24/July /2010 and received by the police on 13th August 2010. He further submitted that the 2nd Respondent's appointment to the role of Special Police Constable (SPC) was made within the ambit of Art. 252(2) of the Constitution & S.64 of the Police Act which Counsel understood to mean that 2nd Respondent was to hold an office on such terms and conditions as the appointing authority reviewed from time to time. Further still that the post of Special Police Constable was held on contractual basis. Magoba emphasized S.64 2(d) of the Police Act.
Magoba further averred that the Police Act and Regulations do not provide for a procedure for resignation of an SPC.
Quoting Art. 252(2) of the Constitution of Uganda 1995 he stated that where the procedure is not provided for or stipulated under any law, resignation takes effect when the officer resigning writes a letter addressing it to his appointing authority and that it must be received by such authority or authorized office.
That in this case the 2nd Respondent wrote a resignation letter and it was received on 13th /08/201. Consequently, in his view, the 2nd Respondent duly complied with the requirements of Art 252(2) Constitution and S.115 of the Local Government Act. As such, Magoba continued, the 2nd Respondent was validly nominated and elected.
Regarding the effectiveness of the resignation, Magoba averred that the 2nd Respondent did all that was within his power to leave the Police Force within the law. The 2nd Respondent had tendered his resignation letter and it was duly received on 13th .August.2010. Magoba further contended that the 2nd Respondent had no authority over his appointing authority and could not force them to delete his name from a pay roll. It was entirely the duty of his employer to perform that action.
Further in reply to the Petitioners assertion that the 2nd Respondents resignation was not effective because his name remained on the pay roll and did not receive a reply, Magoba for the 2nd Respondent averred that the 2nd Respondent did all that was within his power to leave the police force well before 30 days as required by law. Magoba asserted that the 2nd Respondent resignation was received by the police on 13th August 2010. Magoba further insisted that there is no evidence to prove that the 2nd Respondent continued to receive a salary. Further he averred that it was the function / duty of the police force, not his client, to take him off the pay roll. He further submitted that he believed his client's resignation was effective the moment the letter was received by the authorized Police Officer.
Replying in respect of the authorities relied upon by the Petitioner Magoba for the Respondent submitted that the cases were distinguishable. Starting with the case of AG V Major Gen. David Tinyefunza Supreme Court Constitutional Appeal No. 1 of 1997. Magoba averred that David Tinyefunza was an officer in a regular Army Force which has a well laid down procedure for resignation of an officer. He stated that in the case now before Court, there was no such procedure.
Distinguishing the case of Aggrey Owori Magoba replied that Wasike was a town clerk and there were standing orders which provided a procedure under which such an officer could resign. He further averred that Awori's case was distinguishable because the letter was addressed to a wrong authority. Again he averred that this case could not apply to the principles laid down in Awori's case because the set of facts are different and so are the instances addressed.
In responding to the first issue, Tabaro for the 1st Respondent associated fully with the submissions of Magoba for the 2nd Respondent. He further submitted that the 1st Respondent cannot be faulted at all for the acts of the Petitioner. Relying on the evidence of the Returning Officer, Mulimira Barbara, he submitted that the 2nd Respondent made representations to the Returning Officer that he was only a businessman. His submission was that the Returning Officer was therefore unaware of his immediate past service with the Uganda Police. She clearly stated in her evidence on cross examination that had it been brought to her attention that the 2nd Respondent was a police man, she would have required him to present a resignation letter. Tabaro prayed that if the first issue was found in favour of the Petitioner then the 1st Respondent should not be condemned in costs.
Nobody addressed the issue of the acceptance of resignation which was retrospective.
Concerning the issue whether there were any illegalities and offences committed, Bemanyisa for the Petitioner stated that an illegality goes to the root of the petition itself. He relied on the case of Cardinal Emmanuel Nsubuga supra which states that an illegality overrides questions of pleadings before Court and that as such there is no need to prove that the illegality substantially affected the election. In enumerating the illegalities committed by the 2nd Respondent counsel for the Petitioner referred to S. 111(3) of the LGA, he stated that during cross-examination, he noted that there was violation of the oath. In some cases the oaths were not dated and in other cases the 2nd Respondent did not sign. He relied on the Oaths Act. Submitting on the Oath, Benyamisa for the Petitioner stated that there was no valid oath and therefore no valid nomination.
He referred to the case of Kanyua V Nganga E.A Vol. 4 (2004) Pg. 104 where an originating summons lacked the signature of the deponent. It was held in Kanyua that the affidavit was null and void and the affidavit was struck out. He submitted further that in Baguma Robert Eliphaz V E.C & Anor. Pet. No. 10 of 2006 (Fort Portal), Rugadya J held that a petition that was not dated was incompetently before Court. Counsel for the Petitioner submitted that failure to sign and date nomination papers was a fatal illegality. He further submitted the RO misinterpreted the law when she said these were minor irregularities.
Submitting on whether the police officer should enter politics, he stated that a public servant should not stand or offer himself as a candidate without resigning. Benyamisa further submitted that a person who contravenes the Act commits an offence. Benyamisa made reference to S. 139 (d) of the LGA. Submitting further, Benyamisa referred to the Attorney General's circular regarding the participation of public servants in an election.
When challenged by Court to distinguish between an irregularity and an illegality Benyamisa stated thus;
"In my view an illegality is an act that offends a legal provision. An irregularity is an act that offends a legal procedure… it is my submission that the omissions and acts of the Respondents offend the legal provisions of the law and therefore amount to illegalities. I urge Court to hold so."
In reply to the Petitioner's submission on the issue of illegalities and offences, Magoba for the 2nd Respondent averred that under S.139 of the LGA a Court may set aside an election on account of illegalities and offences committed by a Respondent personally or by his agents with his knowledge and consent or approval. Magoba contended that the 2nd Respondent committed no such illegality or offence nor did any of his agents. Counsel for the 2nd Respondent submitted that other than the grievance of resignation, the Petitioner in his pleadings does not mention any offences or illegalities that had been committed by the Respondents. Submitting further Magoba's contention was that the irregularities referred to are not provided for under the Local Government's Act.
Magoba further contended that the errors pointed out under the Administration of Oaths Act may be procedural illegalities but not illegal acts under the Local Government Act. One of the documents of contention was an oath authenticating an agent of a candidate. Magoba submitted that this document was inconsequential to an election as pointed out by the Returning Officer.
On failure to resign being a fatal illegality, Magoba submitted that the 2nd Respondent duly resigned. He submitted further that failure to resign may not amount to an illegality but rather a procedural irregularity. On the issue of misrepresentation, Magoba stated that his client did not misrepresent himself. He submitted that his client was no longer a policeman hence calling himself a businessman.
Tabaro for the 1st Respondent invited Court to critically appraise the procedure adopted by the Petitioner. Tabaro contended that the illegalities and offences submitted upon by counsel for the Petitioner were never pleaded.
Tabaro referred to paragraph 3 of the petition which raised the two issues:
1. Resignation of 2nd Respondent and
2. Anomalies at Ward III Taxi Park II polling Station, Bushenyi Ishaka.
Tabaro contended that Bemanyisa should have amended his petition to allow for an argument on purported irregularities. He further contended that Benyamisa's submissions are tantamount to a fishing expedition.
On points of law that require evidential proof, Tabaro submitted that such points of law ought to be pleaded. Tabaro prayed that Court blinds itself to the submissions of counsel because they offend rules of procedure.
Concerning the irregularities raised by the Petitioner, Tabaro contended that they do not warrant setting aside an election.
Responding to the question relating to the meaning of an illegality Tabaro for the 1st Respondent submitted that an illegality was anything unlawful. He stated that not every unlawful act by parties in a petition forms ground for setting aside an election.
Referring to S.139(c) of the LGA he submitted that it spells out an illegality. Further that S.146-158 lists illegal practices. Pointing to S. 146 – 158 of the LGA Tabaro submitted that no offences mentioned there-under were committed in this election.
Tabaro further submitted that the Parliamentary Elections Act applies to Local Government Elections and the local government election interpretation section. That the PEA defines an illegal practice. He further argued that S.146-159 of the Local Government Act was similar to provisions in the Parliamentary Elections Act.
I have carefully examined and considered the status of a Special Police Constable as provided for under the laws of Uganda. Under S.3 of the Police Act Cap 303 Special Police Constables constitute part of the Uganda Police Force. Further S.64 of the Police Act empowers the officer in charge of an area in which an unlawful activity has occurred or may occur to appoint such a number of residents in the neighbourhood as he or she thinks necessary to be a Special Police Constable to reinforce members of the force in that area. The appointment has to be made in writing and only when there is need to re enforce the regular police officers. The terms on which the special police officers are employed are terms which may be determined by the Inspector General of Police. Also under S.65 (a) the special constables have the same protection and perform the same duties as police officers.
Having considered the totality of the provisions of the law relating to police constables I am of the view that their role is of a temporary nature, and that they do not enjoy the same terms and conditions as a police officer. More over their service lapses when the task for which they were appointed expires. Given that they are appointed locally to respond to a local need and that they are required to respond to situations of a temporary nature and that their roles are performed in their local neighborhoods and that their terms and conditions are determined by the IGP as he deems fit, Special Police Constables are not bound by the Police Act and are not covered by part IV of the Act which regulates appointment, promotion, retirement, service and discharge or termination of appointments of police officers.
In my view therefore, the status of a police constable is that of a temporary employee. As such since there is no clear policy regarding and regulating the resignation of a special police constable, the default position is Art. 252 (2) of the constitution as argued by Learned Counsel for the 2nd Respondent.
Article 252 (2) of the constitution states:
"(2) The resignation of a person from any office established by this constitution shall take effect in accordance with the terms on which that person who appointed or if there are no such terms, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorized by that person or authority to receive it".
I am satisfied that the 2nd Respondent took the necessary steps to resign from the job. He wrote a letter resigning from his job dated 24.07.2010. This letter is Annex "A" of the Supplementary Affidavit in support of petition. The resignation letter was received by the police force on 13th August 2010. An endorsement to that effect appears on the letter reinforced by earlier endorsement instructing the assistant commissioner of police to go ahead and terminate the person.
Clearly this case and scenario can be distinguished from the cases referred to by the Learned Counsel of the Petitioner. For instance the case of A.G & ANOR vs. General David Tinyefunza Constitutional appeal No. 1 of 1997 (supreme Court) refers to an Army officer who was serving in a regular army force. In that Army force there was a procedure for resignation which was clearly spelt out. The officer (Tinyefuza) could not act outside existing procedures. In the case of Owoyesiga, however, the position of the police is that the IGP determines the terms and conditions as he deems fit. There is no procedure laid down for the resignation of Special Police Constables.
In distinguishing the case of Aggrey Awori V Mugeni Stephen & EC Election Petition No. 5 of 2006 which was upheld on appeal in WasikeStephen Mugeni V Aggrey Awori Election Petition Appeal No. 1 of 2006 (Court of Appeal). I do agree with Learned Counsel for the 2nd Respondent that the facts related to a resignation addressed to the wrong authority. In the case of Awori the set of facts and the circumstances addressed are not applicable to the petition now before Court. In this petition the Petitioner addressed his letter to the IGP who is the rightful authority. He got a response from an officer authorized by the IGP to act on his behalf accepting the resignation retrospectively. I therefore find that the facts giving rise to this petition are unique and need to be tested on their own merit.
I find that the Petitioner failed to prove to the satisfaction of Court that the 2nd Respondent did not resign. I also note in passing that there is no evidence to prove that the 2nd Respondent received a salary after his resignation. The Annexture B "Edit Pay Roll" was found inadmissible because it lacked authentication. Once again I find that the Petitioner has failed to prove to Courts satisfaction that the 2nd Respondent's resignation was not effective.
Indeed I find that that the 2nd Respondent resigned from the Uganda Police Force prior to his nomination as candidate for LC III Chairperson Ishaka Division.
Under common law just as employment may be inferred from the conduct of an employer so may a resignation. Inference can be drawn from the messages and conduct of the employer.
I now turn to the issue 2. Whether there were any illegalities and offences committed by the 2nd Respondent?
Before I specifically address this issue, I would like to make a few comments. Learned Counsel Tabaro for the 1st Respondent invited Court to critically appraise the procedure adopted by the Learned Counsel for the Petitioner. Tabaro noted and I agree with him that the illegalities and offences submitted upon by Learned Counsel for the Petitioner were never pleaded. This implies that there was a substantial deviation from the original grounds of the petition.
Tabaro further contended that the grounds of this petition were very clear. They related to the resignation of the 2nd Respondent and the anomalies in Ward III Taxi Park II polling station in Bushenyi- Ishaka. It was Tabaro's contention that Bemanyisa should have amended his petition to allow for an argument on purported illegalities. He further contended that Benyamisa's submissions were tantamount to a fishing expedition.
Tabaro submitted that an illegality was anything unlawful. He stated that not every unlawful act by the parties in a petition forms ground for setting aside an election.
I must say that I agree that Learned Counsel Benyamisa appeared to be on a newt-picking or fishing expedition.
I do agree with Tabaro to the extent that the grounds of the petition must be stated upfront in the main body of the petition. The law clearly requires the Petitioner to state as clearly as possible the grounds upon which they rely. In the instant case there were two core grounds raised in the main body of the petition. These were resignation and malpractices. During the course of the proceedings the Learned Counsel for the Petitioner drifted into new areas outside what was earlier pleaded. Rather than stick to the grounds of his petition Benyamisa totally abandoned the grounds of his petition and sought and attempted to introduce new grounds. By abandoning the third and fourth issues of this petition which formed a major ground of this election petition I find that the Learned Counsel for the Petitioner departed from his proceedings and even conceded failure in these particular grounds. This is particularly glaring in face of the expunged affidavit evidence of a one Magezi Vicent, who had purportedly witnessed irregularities at Ward III Taxi Park. I therefore find that there is no basis upon which issue no. 2 can be discussed since it was never a pleaded ground for this petition. I note that since Benyamisa for the Petitioner abandoned issue no. 3 and no. 4 Court has no reason to examine these issues either and makes no finding on them.
In the premises, since the Petitioner has failed to prove to the satisfaction of this Court that the 2nd Respondent resigned his post I have no option but to dismiss this Petition with costs.
Signed 8/7/2011
Lady Justice Catherine Bamugemereire
Judge of the High Court
Odo Tayebwa v Nasser Basajjabala & Anor (ELECTION PETITION APPEAL NO. 013 OF 2011) [2012] UGCA 11 (17 April 2012);
Tayebwa Vs Kakuuna & Anor (PETITION NO. 005 OF 2016) [2016] UGHCED 58 (26 August 2016);
Byamukama K. James v Kaija William and Another (HCT-01-CV-EP- 0009/2006) ((HCT-01-CV-EP- 0009/2006)) [2006] UGHC 40 (15 September 2006);
Besigye v Museveni & Anor (ELECTION PETITION NO.1 OF 2001) [2001] UGSC 4 (6 July 2001);
Besigye Kiiza v Museveni Yoweri Kaguta and Another (Election Petition No.1 of 2001) [2001] UGSC 3 (21 April 2001);


Home Videos James Hetfield Delivers Acoustic Version of Motorbreath – Watch It!
Metallica frontman Hetfield has been caught on video playing an acoustic version of Metallica's song Motorbreath.
His performance took place in San Francisco at his annual charity event Acoustic-Four-A-Cure, co-founded with Sammy Hagar, which is held to raise funds for baby cancer research.
The third edition of the show additionally featured Joe Satriani, Kris Kristofferson, John Mayer, Melissa Etheridge and others.
Watch Children React to Listening Metallica for First TimeThis Girl Absolutely Crushes Metallica's Song "All Nightmare Long " | Watch It!


My baby girl has been eating solid food for over a month now, and my love, appreciation and passion for food is on over drive! I knew that when the day Fern delved into the world of foods, it would heighten my awareness of what I, and therefore she was eating. I want to create really healthy habits and associations with foods for her, without setting any strict rules or fear around food. I want her to have such a varied diet of home made dishes, fresh fruits and vegetables and homegrown produce that she feels joy and pleasure from everything we make and eat together. I know that one day she will want to eat ice cream with her cousins, be given sweets from well-meaning friends and share feasts full of less-healthy foods with reckless abandon. All of this is part of life and all is fine. Though when we are at home, in our normal routine and surrounded by all of the locally available wonderful ingredients that we are, I want to share with her my love for real home cooking and natural ingredients. I want her food to be food that I would want to eat myself too! So my journey into creating Ferns first foods began here. It started with her green smoothies and finger foods or fruit and veggie sticks which she seemed to enjoy with much delight. Now as she is eating more and more, I wanted to make her something packed full of nutrients in the form of a soft light cake which she could feed herself. It needed to be dairy-free and sweetened only by fruit, with nutrient density from our free-range organic eggs, protein rich grains and some extra good fats thrown in for good measure. I had all the specifications ready, now time to make this babies breakfast cake baked!
I call it Breakfast cake as it is basically all of the things I like to eat for breakfast all put together into a tasty cake. What more could be more perfect when you want a quick and easy breakfast, mid-morning or afternoon snack or healthy desert? Oats, fruits, eggs, seeds and a touch of sweet and spice is what my mornings are made of. I kept this cake as low on added sweetness as possible as it as made specifically for my 7 month old baby, but you could up the date/apple syrup or add some honey or maple syrup if you wanted a sweeter treat. That being said, I feel it is sweet enough, especially for a breakfast meal. Feel free to switch around the fruits/veggies for things like pears/ pumpkin/raspberries/figs, use different spices and use whichever kind of milk you prefer.
Preheat the oven to 180 deg C. Mix the first 6 dry ingredients in a bowl. Whisk the eggs and add the milk and date/apple syrup. Mix well the pour over the dry ingredients. Add the grated apples/carrots and berries and mix well. Grease a cake or loaf tin with coconut oil (or as I do, use a silicon flexible tin) and pour the mixture in. If making into muffins, use muffin cases or silicon moulds.
Bake for 30-40 minutes until golden and cooked through. Transfer to a wire rack to cool before slicing.
Hi do you have a cookery book for sale? If not you should do one!
I was so excited to make these but I think I did somthing wrong. They are very wet on the inside even though I cooked them almost an hour. Thank you for the great recipe what could I be doing wrong?! The only thing I didn't have was ground flax seeds so I added more cinnamon. The box of quinoa flakes says quinoa hot cereal flakes. Are these the wrong thing? Sorry to bug you just trying to figure out what I did wrong.
Hi Jo! Just made this for my little one. I used flax egg but like the above it's just a bit too, only a tad though…she's still gobbling it up! It was my first time using flax so almost certain my measures were off. Will certainly be trying again. As a side note thank you so much for your blog and Instagram. I was proud of my 'healthy eating' before I came across you but your recipes and knowledge has changed my life. My cupboards are now empty of chemical rubbish (well almost, can't push the Mr in the deep end!) and full of grains and pulses I never even knew existed. I feel so excited and happy that I now get to raise my little girl passing on my new knowledge. Perhaps I sound nutty now but I'm sure you will understand where I'm coming from. just…thank you. Can't wait for more recipes and updates from you and your beautiful family.
*wet that should of said.
Just curious if you have managed to re-test this recipe yet? I've just made it and while it tastes yummy, like the others have said above, it has come out still quite wet in the middle.


text:
Ankit Agarwal
Do You Really Need Hard Drive Recovery Software? If Yes, Why?
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redpajama_set_name: RedPajamaCommonCrawl


One Ounce For Onion at Ekkamai district in Bangkok needs no further introduction but did you know that this hipster cafe has opened another branch at the popular ChangChui this year?
Head over to One Ounce For Onion for their handcrafted house brews and delightful range of light bites.
Their straightforward menu offers little besides their signature espresso based drinks, smoothies and ChangChui specials (food and drinks that are exclusive to this outlet).
It is not the place to go to if you are looking for a wide range of mains on the menu but somewhere to chill and catch up with your friends over coffee.
Their Iced Latte (THB100/S$4.12) is prepared with the right balance of espresso and creamy milk. The refreshing drink came with a slightly bitter aftertaste just the way we like it.
If you are looking for a drink to cool off from Bangkok's sweltering heat, you cannot go wrong with an Iced Latte at One Ounce For Onion.
Not keen on having coffee? There are other non-caffeine choices too. After getting to know our preferences, the friendly barista recommended a smoothie with a whimsical name—Summer Is Getting Better (THB140/S$5.76).
The ingredients found inside include pineapple, pumpkin, ginger and green basil. It sounds like an odd combination but we were pleasantly surprised that the flavours actually went well together. The rich pineapple drink came with distinct hints of ginger that was not too overpowering for our liking.
Feeling peckish, we decided to order it's sound jap crab (THB220/S$9.05) which is a small portion crab meat salad with green apple, avocado, miso herbs and spicy mentaiko. While we think that it is rather pricey for such a small plate, the intense flavours got us hooked onto the dish.
Have the crab meat and avocado together with toasted bread given at the side. It was so delicious that we finished it within minutes!
Alternatively, you can also get the Bollywood Baller (THB280/S$11.52), Pasta Thai Garlic Bacon (THB180/S$7.40) and Porkball Gnocchi (THB180/S$7.40).
Read: 7 Reasons Why You Must Visit ChangChui Night Market In Bangkok.


Renault prepared a concept of the autonomous, connected and electric robotic car EZ-Ultimo for Paris Motor Show, which can extend the premium experience of a hotel, resort or aviation flight as an 'individual mobile lounge'.
A car that will be available on request for a ride, an hour or entire day will provide a premium experience in the cabin that can be arranged according to the expectations of the service provider. Since it is a robot vehicle it will be completely autonomously operated and the user will be able to enjoy the journey in a space that will be designed as a private lounge equipped with comfort and services for relaxation or work.
Renault says that the concept will also fulfill their promise of 'Easy Life' as the entry will be facilitated by a wide automatic door, and the seats will turn to the entrance to facilitate the entry of the passengers. The privacy of the passengers will be provided with a mesh on the windows, and comfort in the interior will be arranged by the combination of wood, marble and leather.
Ultimately, the EZ-Ultimo will be fit for the fourth stage autonomous drive and, in conjunction with the surrounding infrastructure, will be able to adapt to the urban environment, motorways or shuttle activities on certain roads.
At the Tokio Motor Show Toyota will present an concept of future fuell cell electric vehicle which could be also seen as successor of Toyota's hydrogen fuell cell sedan Mirai or perhaps even a new FCEV model.


text:
package org.labkey.remoteapi.query.jdbc;

import java.sql.ResultSetMetaData;
import java.sql.SQLException;
import java.sql.Types;
import java.util.Date;
import java.util.List;

/**
 * User: jeckels
 * Date: Apr 2, 2010
 */
public class LabKeyResultSetMetaData extends BaseJDBC implements ResultSetMetaData
{
    private final List<LabKeyResultSet.Column> _columns;
    private final LabKeyConnection _connection;

    public LabKeyResultSetMetaData(List<LabKeyResultSet.Column> columns, LabKeyConnection connection)
    {
        _columns = columns;
        _connection = connection;
    }

    public String getCatalogName(int column) throws SQLException
    {
        return _connection.getFolderPath();
    }

    public int getColumnCount() throws SQLException
    {
        return _columns.size();
    }

    public boolean isAutoIncrement(int column) throws SQLException
    {
        return false;
    }

    public boolean isCaseSensitive(int column) throws SQLException
    {
        return true;
    }

    public boolean isSearchable(int column) throws SQLException
    {
        return true;
    }

    public boolean isCurrency(int column) throws SQLException
    {
        return false;
    }

    public int isNullable(int column) throws SQLException
    {
        return ResultSetMetaData.columnNullable;
    }

    public boolean isSigned(int column) throws SQLException
    {
        return true;
    }

    public int getColumnDisplaySize(int column) throws SQLException
    {
        return 10;
    }

    public String getColumnLabel(int column) throws SQLException
    {
        return getColumn(column).getName();
    }

    public String getColumnName(int column) throws SQLException
    {
        return getColumn(column).getName();
    }

    public String getSchemaName(int column) throws SQLException
    {
        return "unknown";
    }

    public int getPrecision(int column) throws SQLException
    {
        return 4;
    }

    public int getScale(int column) throws SQLException
    {
        return 4;
    }

    public String getTableName(int column) throws SQLException
    {
        return "unknown";
    }

    public int getColumnType(int column) throws SQLException
    {
        Class type = getColumn(column).getType();
        if (type == String.class)
        {
            return Types.VARCHAR;
        }
        if (type == Integer.class)
        {
            return Types.INTEGER;
        }
        if (type == Long.class)
        {
            return Types.BIGINT;
        }
        if (type == Date.class)
        {
            return Types.DATE;
        }
        if (type == Short.class)
        {
            return Types.INTEGER;
        }
        if (type == Byte.class)
        {
            return Types.INTEGER;
        }
        if (type == Double.class)
        {
            return Types.DOUBLE;
        }
        if (type == Float.class)
        {
            return Types.FLOAT;
        }
        if (type == Boolean.class)
        {
            return Types.BOOLEAN;
        }
        throw new UnsupportedOperationException("Unexpected type: " + type);
    }

    public String getColumnTypeName(int column) throws SQLException
    {
        Class type = getColumn(column).getType();
        if (type == String.class)
        {
            return "VARCHAR";
        }
        if (type == Integer.class)
        {
            return "INTEGER";
        }
        if (type == Long.class)
        {
            return "BIGINT";
        }
        if (type == Date.class)
        {
            return "DATE";
        }
        if (type == Short.class)
        {
            return "INTEGER";
        }
        if (type == Byte.class)
        {
            return "INTEGER";
        }
        if (type == Double.class)
        {
            return "DOUBLE";
        }
        if (type == Float.class)
        {
            return "FLOAT";
        }
        if (type == Boolean.class)
        {
            return "BOOLEAN";
        }
        throw new UnsupportedOperationException("Unexpected type: " + type);
    }

    private LabKeyResultSet.Column getColumn(int column)
    {
        return _columns.get(column - 1);
    }

    public boolean isReadOnly(int column) throws SQLException
    {
        return true;
    }

    public boolean isWritable(int column) throws SQLException
    {
        return false;
    }

    public boolean isDefinitelyWritable(int column) throws SQLException
    {
        return false;
    }

    public String getColumnClassName(int column) throws SQLException
    {
        return getColumn(column).getType().getName();
    }
}

redpajama_set_name: RedPajamaGithub


text:
Alexander Court
Alexander Court is a new trophy office development in the core of Washington, DC's Central Business District. An unforgettable statement building, Alexander Court maximizes efficiency for tenants. Designed by the world-renowned firm of Pelli Clarke Pelli Architects in collaboration with Fox Architects, the 800,000 square foot building complex offers frontage along four major thoroughfares, including an entrance on K Street, and an expansive 2-story lobby fronting L and 20th Streets featuring an iconic 12-story atrium. With over 1,000 linear feet of window line per floor, it is an ideal floor plate for today's modern workplace. Natural light floods through the floor-to-ceiling high performance glass curtain wall system to all areas of a floor.
Alexander Court features an indoor-outdoor rooftop terrace and entertainment space with spectacular views of the National Cathedral and across northwest DC. Inside, a 3,000-square-foot conference center with a retractable glass wall to the outdoor terrace seats up to 100 people and features a catering facility for events. Amenities include a 7,500-square-foot state-of-the-art fitness center with cardio machine area, weight room, yoga studio and locker rooms with towel service. The building has achieved LEED Gold certification. The development is easily accessible by car and within walking distance of the Farragut North (Red Line), Farragut West (Orange and Blue Lines), Dupont Circle (Red Line) and Foggy Bottom (Orange and Blue Lines) Metro stations, providing tenants with unparalleled accessibility in and around the District.
Contacts and other details
alexandercourt.com
Will Stern, Avison Young
Rob Fink, Director of Commercial Leasing at Rockrose
Commanding Two-story Lobby with Café & Wine Bar Operated by For Five Coffee Roasters
Soaring 12-story Atrium
Lobby Entrances on K, L and 20th Streets
Fitness Center with Locker Rooms and Towel Service
Easy MetroRail Access
Private Terrace & Conference Center
Two connected On-site Parking Garages Provide Multiple Exit Points
Major Office Tenants
Akin Gump Strauss Hauer & Feld
Bates White
Paul Weiss, Rifkind & Garrison
Cornerstone Research
SmithBucklin
Major Retail Tenants
Ruth's Chris Steakhouse
For Five Coffee Roasters
EagleBank
Legal Terms & Privacy Notice
Broker Email Signup
Broker Email Signup * Required
<% if(subtitle && subtitle.length > 0) { %>


Are you looking for a pair of aviator-shaped frame for prescription eyeglasses or prescription sunglasses? Cary Aviator eyeglasses are a great choice. Coming classic black, golden, gunmetal and silver four colors, adjustable nose pads and lightweight metal material, this pair is perfect for both men and women.


text:
Inside the Story
COVID-19 Positivity Messages
KAYHAN LIFE
EU Regrets U.S. Refusal to Allow Economic Aid for Iran to Fight Coronavirus
By Robin Emmott
BRUSSELS, April 22 (Reuters) – The European Union has urged the United States to ease its sanctions on Iran and approve economic aid to help deal with the coronavirus pandemic, but its calls were rejected, the EU's top diplomat said on Wednesday.
EU foreign policy chief Josep Borrell said the United States was preventing the International Monetary Fund from assisting Iran, the Middle Eastern country most affected by the coronavirus, adding that he regretted Washington's position.
"We supported first to soften the sanctions and second, the request by Iran to the International Monetary Fund for financial help," Borrell told a virtual news conference after a video conference of EU foreign ministers.
Iranian Foreign Minister Javad Zarif shakes hands with High Representative of the EU for Foreign Affairs and Security Policy and Vice-President of European Commission Josep Borrell in Tehran, Iran, February 3, 2020.
REUTERS./
"I regret that the Americans are, at this stage, opposing the International Monetary Fund from taking this decision. From a humanitarian point of view, this request should have been accepted," he said.
Washington has said it is not letting up on its "maximum pressure" campaign against Iran despite the coronavirus, continuing to use sanctions to try to limit Tehran's ballistic missile program and influence across the Middle East.
U.S. President Donald Trump reimposed sanctions on Tehran's petroleum exports in 2018 after withdrawing from the 2015 Iran nuclear deal between Tehran and six world powers. The European Union helped to negotiate the agreement.
Tehran says its nuclear program is for peaceful purposes.
Reuters reported on April 15 that the United States opposed a massive IMF liquidity injection through issuance of new Special Drawing Rights, akin to a central bank making new money, that would have benefited Iran and other countries.
The programme could have provided hundreds of billions of dollars in foreign exchange reserves for all of the global lender's 189 member countries, according to sources familiar with the IMF's deliberations. The U.S. Treasury declined to comment for the Reuters April 15 report.
Iran has almost 86,000 confirmed cases of COVID 19, the respiratory disease caused by the novel coronavirus, and more than 5,000 deaths, according to a Reuters tally.
The European Union, which has provided some humanitarian aid to Iran despite U.S. sanctions, said on March 23 that it supported Iran's request for IMF help.
(Reporting by Robin Emmott;editing by Grant McCool)
Please click here to support Kayhan Life
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An Eight-Decade Journey
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Iranian Performers, Personalities Come Together in Global Yalda Celebration
Dampokhtak
London to Host Major 'Epic Iran' Exhibition at the Victoria & Albert Museum This Year
Twitter Should Ban Ayatollah Khamenei, Says Iranian Human Rights Activist Masih Alinejad
Ailing Iranian-Austrian Prisoner Massud Mossaheb Issues Plea from Evin Jail
Zoom to Yalda – A Virtual Celebration
Inspiring Iranians
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Spreading Positivity
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REJECTACCEPT


Company Vendor Buildium You must be believing you are an actual wizard with quantities of deserving understanding saved in your brain. You are not the only one; practically every one people assumes the exact same about him/herself.
Company Vendor Buildium Just how taking care of a property is not a DIY thing?
You think you are wise sufficient to watch a couple of YouTube videos and after assimilating details from the magnificent Google, you are all set to show yourself some impressive points. All the crafts out there are not just DIY points.
Handling a property is just one of those points which you may try to do by yourself, eventually you will not have the ability to do it alone. Every craft requires special knowledge and also ability to run it efficiently. And that's when you need an expert residential property manager.
To sail via the treatments of rental building administration, you need an ideal home monitoring expert as your captain of the ship. Thanks to the technology, today we have reliable residential property monitoring software program to make that job even more simple for us. When we browsed the net, out of many offered residential or commercial property administration software application, we found buildium property management tool/software. Yes, right here you can discover packages of authentic information, solutions, and professional home managers.
Company Vendor Buildium That is a residential property manager in fact?
To help you pick an appropriate as well as professional property supervisor, here we bring you an introduction. Before you look into this more, do you recognize that is a residential property manager really?
Really, in easy words, a property manager is a person that plays the function of an intermediary in between the lessees and the homeowner. For making sure the owners possessions' protection, a residential or commercial property manager is responsible.
If you are amongst those proprietors who have no experience and also idea and you do not wish to dedicate your hrs of the day to residential or commercial property management, a trusted residential or commercial property manager will make your life simple.
Company Vendor Buildium Let's start – A summary of why you require a building manager?
Inning accordance with buildium property management concepts, listed below we are mosting likely to share with you some million dollar tips as well as factors you should think about. This summary will certainly offer you with an understanding right into why you have to look for the assistance of a good residential property manager besides residential or commercial property monitoring software.
Because you can always terminate up an on the internet search to obtain a hint regarding exactly how much the various other home owners are billing for a residential or commercial property much like yours.
This will give you a rough suggestion of setting a rental cost for your home.
Your property supervisor will certainly take this hassle out of your mind, by thoroughly evaluating the marketplace situation for establishing the best rate.
This way, you will have the ability to strike a balance between your elevating regular monthly revenue and also retaining low rental fees.
You will certainly always get good tenants if you are looking for solutions of a specialist building supervisor. You don't need to stress any longer regarding the examination of debt records, lawful matters, running safety checks, confirmation of work and reference monitoring. Your reliable and also the expert residential or commercial property manager will do these all work for you.
The majority of the times, collecting the rental payments from renters in a timely manner is a rather challenging task itself. During initial 2 3 months, they will favorably transfer the cash into your accounts straight as well as timely. Soon, truth crashes in and also you get stuck in a situation where your tenants decline to pay the loan.
To prevent this nightmare, buildium property management experts and we recommend you work with an expert residential or commercial property supervisor They understand their task and they find out about the clever ways to deal with lessees and also collecting money from them prompt.
Company Vendor Buildium Do you need correct advertising of your home?
You must recognize when and also how you can smartly market your house. With your hectic routines, you will not be able to do that. Just a specialist building manager will assist you in the correct advertising and marketing of your home or business. They know the means for doing time promotion of your residential property so to save you from long-lasting vacancies.
Looking for a way to optimize your profits? Hire a property supervisor.
Yes, most importantly the advantages, a trustworthy and experienced residential property supervisor will become your right-hand man for optimizing your earnings. You just need to pay a set amount of portion to your supervisor for his amazing services, each month. This is a lot low as compared with what you will certainly need to pay in instance you are employing a team of experts to enhance things for you.
Generally, you have to pay simply 6% to 10% of your revenues to your house supervisor. This assists you to maintain a lion's share of profits in your own pocket. Isn't it a wise technique?
Being a property manager without the aid of a residential property manager is never simple. If there happens any problem at your rental building, the occupants won't be well-mannered sufficient to think about the moment. They will certainly sound you as soon as possible regardless of if you are enjoying an excellent night rest at 3 am. And also it's obviously your job to obtain their problem fixed.
But if you have a residential property manager on your side, it's no a lot more your headache to sacrifice your wonderful rest for these wake-up telephone calls. Your home manager will deal with these late-night emergencies. They recognize ways to take care of the troubles timely and also as necessary.
We recommend you have a specialist home manager as well as make your life easy. Allow the residential or commercial property manager do all what they are professional of doing.


Florida is full of back roads and small towns, and you'll find plenty of spots brimming with history and culture. Locals will want to tell you stories of pirates and treasure, and you'll feel like you've stepped back in time when you wander into many of the villages and beach towns around the state. Take a look at these eight small towns that are worth a road trip while you're on vacation in Florida—or getting settled as a new resident.
About an hour and a half north of Miami, Juno Beach is a quiet coastal town with a distinctly local feel. Drive north on Interstate 95 from Miami, West Palm Beach, or Fort Lauderdale. If you're coming from the north, take I-95 or Interstate 75 south to Palm Beach County. This town isn't like other beach attractions, it's small and simple with lots of natural beauty and quaint, locally-owned boutiques. Take in a sunrise from the Juno Beach Pier, which is also a popular fishing spot. Nestled between restaurants and shops in the historic center is the Downtown Carousel, inspiring whimsy and merriment for adults and kids.
Just over an hour from Tampa is Inverness, a town that celebrates the cooter turtle with an annual festival. There is a large lake and a boardwalk behind the local police station where those turtles enjoy swimming and sunning themselves. Drive north on I-75 out of Tampa, or take the more scenic Highway 301 until you roll into town. American flags line the downtown area, where visitors can peruse antique shops, enjoy a home-style meal at one of the family-run restaurants, and hike through historic Fort Cooper.
If you love the Florida Keys but want to be away from it all then Cedar Key is the one to visit.
Cedar Key is an island off the northwest coast of Florida less than an hour west of Gainesville and just over two hours north of Tampa. It provides tranquil views of the Gulf of Mexico, plenty of opportunities for wildlife and nature, and some of the freshest seafood in Florida. It's a walkable town, and visitors enjoy strolling the local boardwalk, where typical tourist shops bump up against B&Bs and restaurants overlooking the water. Atsena Otie Key is just a little further off the coast of Cedar Key and only reachable by boat.
Just south of Gainesville in Alachua County is Micanopy, the oldest inland town in Florida. It has an intimate, leafy feel and the storefronts downtown are distinctly southern in their charm. If you love antiques, used books, and coffee shops that are great for people watching, this is the town for you. It's located on Highway 441 and surrounded by other small Florida towns that are easy to visit if you're taking a drive through the central part of the state. This is a favorite area for parents visiting their students at the University of Florida.
An hour and a half east of Sarasota in Highlands County is Sebring, which is called The City on the Circle. That's because all of the downtown action takes place on Circle Drive, where visitors can find shops, restaurants, and local arts and crafts. Outside of downtown, Sebring is surrounded by freshwater lakes, including Lake Jackson, Little Lake Jackson, and Dinner Lake. Sebring International Raceway has been hosting races since 1950. Take scenic Route 66 out of Sarasota and past Myakka, Solomon's Castle, and Zolfo Springs.
Mount Dora's quaint downtown includes several historic homes.
Modern art shows and annual festivals entertain locals and visitors in this small town in Central Florida on the shores of Lake Eustis. Mount Dora is about 40 minutes north of Orlando, off Highway 429 and past the commanding Lake Apopka. In Mount Dora, visitors enjoy antique stores, old-fashioned creamery shops, fudge factories, and local artisans. Nearly every weekend features a boat parade, regatta, or fishing tournament.
A seaside village that's home to six of the Florida Keys, Islamorada is equidistant to Miami and Key West, about an hour and a half off the mainland on scenic Route 1. The coral reefs are breathtaking and draw snorkelers and scuba divers from all over the world. With many tourists sticking to the better-known Keys, this is the best one for solitary swims, leisurely beach strolls, and instructive visits with nature and wildlife.
If you want a quiet place to relax on the beach with a drink, you have to check out Captiva Island.
An hour off the coast of Fort Myers is Captiva Island, a barrier island that is largely car-free. There is a resort and a yacht harbor, and visitors enjoy shelling and watching birds such as herons, osprey, and sandpipers along the shore. It's a perfect place for all water activities, particularly kayaking, fishing, and boating. Plus, the sunsets off the Gulf of Mexico are legendary.


text:
Un-American Dream Deferred—University Of Chicago Alumni Respond To Open Borders Propaganda
Paul Nachman
August 05, 2011, 05:00 AM
As a University of Chicago alumnus (PhD, Astronomy and Astrophysics, 1978) I groaned mentally when the May-June issue of the alumni magazine arrived in the mail, with its cover article Dream deferred about the destructive doings of one Joshua Hoyt, [Email him]who (we learn) graduated from the UofC in 1985 with a master's degree in Latin American Studies. [See heroic picture, left.]
The article, by Richard Mertens, is subtitled Joshua Hoyt, AM'95, leads the fight for immigrants' rights in Illinois, an excellent tip-off to the blithely pernicious ideas contained in its seemingly endless 4,400 words. And, as one can guess from its main title, the struggles over the federal DREAM Act are a theme throughout.
In part, my unvoiced groan was about the daunting challenge of submitting a letter to the magazine that would, within their nominal 300-word limit, adequately torpedo the array of outrages and other targets served up in the article. To my shame, I wound up submitting nothing, fecklessly blowing off the challenge.
Then the July-August issue arrived, and I was beyond delighted to discover that seven other alumni, with graduation dates between 1964 and 1998 and with majors from biology (MS and PhD) to business (MBA and bachelor's) to public policy (master's), had barraged the magazine with six letters that handed the editors their heads over the Hoyt/Mertens piece. (There was also one letter—the lead-off—that was complimentary about the article, but it was very brief and inconsequential. So we can conclude that the feedback from readers was overwhelmingly negative, and perhaps there were even more critical letters that they didn't use. It's only fair to acknowledge, though, that the editors gamely published a fusillade that's so pungently critical of their product.)
To give VDARE.com readers the flavor of the initial offense and the counterattacks, here are a few lowlights from the article itself, to be followed by samples from the irate alumni's letters.
Regarding the effort to pass the DREAM Act that foundered in the U.S. Senate last December 18:
"At a coalition phone bank, workers spent their days asking Illinois supporters to call their representatives. Hoyt worked his own phone, urging prominent state officials to declare publicly their support for the DREAM Act. Many did, including former Republican governor James Edgar and a dozen university presidents. … Although a majority of senators voted to end debate and move the bill to the Senate floor, only three Republicans did—not enough to prevent a filibuster. 'Oh, shit,' Hoyt thought as he watched the vote unfold. Then he got in his car and drove west, to the office of the Albany Park Neighborhood Council.[Email them] About three dozen people, many of them young undocumented Latinos, had gathered in a conference room to watch the voting. When Hoyt arrived some were still sobbing. 'They were practically moaning with despair,' he recalls. "
Despair in those ranks is a good thing for the American nation.
The state-level organization for which Hoyt currently works has an obscene amount of money:
"Under his leadership the Illinois Coalition for Immigrant and Refugee Rights has thrived. Since Hoyt joined in 2002, the organization has grown in size and influence. It has expanded its reach in downstate Illinois and in the Chicago suburbs, increasing from about 75 to 138 member organizations. Its budget has grown from $1.8 million to $7.9 million, its staff from nine to 25 employees. In nine years he has transformed the group into a powerful advocate for immigrants and a leader among similar organizations around the country. "
So the financial resources of this nation-breaking coalition that operates in just a single state has to be the same order of magnitude as (I'll estimate) the budgets of NumbersUSA, FAIR, and the Center for Immigration Studies, combined. Luckily we have the American citizenry on our side.
People in such organizations have a peculiar notion of democracy:
"Hoyt, 55, has worked as an organizer almost continuously since graduating from the University of Illinois at Urbana–Champaign, only once or twice veering toward politics or lapsing into what he calls 'straight' employment. He's spent almost all of that time in Chicago and in Latin America, where he was briefly a lay volunteer for the Catholic Church. His commitment to community organizing reflects both talent and temperament—'I've always been good in a fight.' But it also springs from a powerful belief in democracy and an equally powerful indignation toward anyone who would deny it to 'the most vulnerable in our community.' … 'We can't have a democracy where 11 million people are frozen in third-class status and with their families vulnerable to being deported any moment,' he says. 'We benefit from their work. They clean our floors, serve our tables, and yet we won't invite them to the table of our democracy. The only way immigrants have become full members of our democracy is to fight to get to the table.'"
Hoyt's "democracy" has zero overlap with the idea of self-determination for the American polity. And "immigrants" in the quotes above means, of course, "illegal aliens."
Although Hoyt and the article's author apparently sensed no irony, the flaw in their unspoken world view is revealed in the following paragraph (note the sentence I've italicized):
"In 1997 Hoyt helped start United Power for Action and Justice, [Email them]an ambitious coalition of community groups and religious organizations from across the Chicago region. The aim of United Power was to take the city's organizing to a new level of coordination and influence by reaching across racial, ethnic, religious, and geographic lines. But Chicago was too diverse, too tribal, for such an organization to work at the level its founders envisioned. Hoyt says, 'It didn't become what we hoped it would become.' "
The alumni's published letters in response exhibited admirably robust intellectual diversity, attacking Mertens's hagiography of Hoyt at many vulnerable points, while also pummelling the editors. Some highlights follow.
Michael Taylor (MBA 1986) of Stamford, CT roasted both the editors and the article:
"I have to take you to task over your story 'Dream Deferred' by Richard Mertens, which was billed as 'Bound & Determined' on the cover. … I found it to be grossly one-sided and overly suggestive. Frankly, the failure to edit this piece properly is appalling. … Eleven million people are not 'frozen in third-class status' in the United States. Most illegal immigrants can simply return to the countries where they are already citizens and start the legal process. They are not bound to the United States as is suggested by the barbed wire on the cover."
Jeffrey Singer (MPP 1998) of Chicago wrote, in part:
"I was extremely disappointed in Richard Mertens's article on Joshua Hoyt, AM'95, and 'immigrant rights.' The article … at no point takes seriously the arguments of those of us who are sick and tired of the way this state and successive presidential administrations have treated the issue of illegal immigration. In fact, after starting the article promisingly by using the proper terminology of illegal immigrant to refer to immigrants who enter this country by breaking our immigration laws, Mr. Mertens soon falls into the Orwellian word usage of 'undocumented'—as in 'undocumented student' for 'Diana,' who is shamefully allowed by the University to attend classes instead of being turned in to federal authorities for deportation.
The simple facts of the matter, which you won't get from Mr. Hoyt, is that we do have a democracy in this country, and the voters in this democracy get to decide who deserves citizenship and who does not. … Not all the citizens of Illinois, nor all graduates of the University of Chicago, support illegal immigration and the shameful work of Joshua Hoyt. "
"Shameful work." No minced words there!
Doug Wood (MBA 1975) succinctly touched on both obfuscatory language and economic basics:
"Your article on Joshua Hoyt uses the term 'immigration reform' seven times but not once uses the more accurate term 'amnesty.' … What other content is there to 'comprehensive immigration reform'? … It is a significant error to presume that those such as Hoyt who argue for amnesty are on a higher moral plane than their opponents. Even the most elementary application of economics would conclude that the 11 million illegal immigrants compete for wages with the lower-income segments of American society and, in doing so, drive down their wages. If liberals really did have the slightest concern for the poor of this country, the first thing they would do would be to shut down illegal immigration."
Immigration-wars stalwart Peter Schaeffer (BS 1974) of Sugarland, TX hit on, among a range of succinctly-made points, the essential dishonesty of the DREAM Act:
"The proposed Dream Act needs to be considered realistically. This is massive amnesty for all illegal aliens who can claim, even fraudulently, that they entered before the age of 16 and have lived in the United States for at least five years. The proponents assert that illegal immigrants must serve in the military or attend college. This is not true.
The key reason is that any 'qualifying' alien gets ten years of legal status simply by applying. Of course, in theory applications can be denied. However, past experience shows that blatantly fraudulent applications will be received in massive numbers and readily accepted."
Biologists Jane Shoup (PhD 1965) and Stefan Shoup (MA 1964) of Big Falls, WI concentrated on the ecological concerns that initially got many of us (e.g. the founders of FAIR and of NumbersUSA) embroiled in this struggle to rescue the nation's future:
"The article 'Dream Deferred' featuring Joshua Hoyt exemplifies a very narrow and misguided focus, excluding recognition of calamitous ecological and resource problems. It is ever more apparent that this nation cannot now support the needs of our current population, much less millions more due largely to immigration, legal and illegal."
Finally, Louis Dudas (MBA 1973) of Oro Valley, AZ excoriated the editors' agenda (quite apparent if one reads the magazine regularly):
"I am writing on a subject that has disturbed me for some time, namely the University of Chicago Magazine's content and tone. For quite some time it has struck me how blatant and biased some of the major articles have focused on a distinct irreverence for those of us who are still dedicated to the notions of honor, duty, truthfulness, and love of freedom and justice….The latest issue featuring the radical notions of Joshua Hoyt in his support for civil disorder, gutter tactics, and a destruction of America is beyond contempt. Moreover, his invoking of Saul Alinsky, PhB'30, is utterly despicable. … I will confess that I am not proud that I attended the University and indeed will urge my extended family members to avoid the school as their potential choice. At least my wife and I will do our part and disavow our legacy support, which we had planned in our estate trust."
And it seems to me that there's a lesson here: The ranks of us well-informed dissidents are now large enough—if we all do our parts—that even monster articles such as this disgraceful one about Joshua Hoyt can be combated: Instead of being daunted, as I inexcusably was, just pick out a piece to refute and be confident that others will be hammering away on other pieces.
Note that there's an important venue for this besides formal letters-to-editors: More than four years ago, VDARE's Patrick Cleburne remarked on "the articulate ferocity of the hostile comments posted on the discussion threads following" op-eds on immigration by Ruben Navarrette.
Nowadays, of course, such threads are commonplace, and knowledgeable VDARE readers can usefully contribute to them, at the many op-eds and news articles where they're enabled, by supplying facts, arguments based upon those facts, and links to the facts. For example, I often see such remarks at the websites of newspapers from all across the country by Lance Sjogren and by "Delaware Bob," two individuals whom I know.
And don't be afraid to plagiarize, I. E. use VDARE.com facts without attribution if that'll help—all's fair in our struggle to preserve Western civilization.
Paul Nachman [email him] is a retired physicist and immigration sanity activist in Bozeman, MT. Read his VDARE.COM blogs here.


text:
3-D Ultrasound Quantifies Plaque Burden in Healthy Middle-Aged Cohort
Even at midlife, 55% of men and 30% of women have subclinical atherosclerosis identified on ultrasound, report investigators.
By Michael O'Riordan
The use of 3-D vascular ultrasound of the carotid and femoral arteries can safely quantify early atherosclerotic disease burden in healthy men and women, according to the results of a new study.
Imaging with 3-D ultrasound identified a higher burden of atherosclerotic plaque in men compared with women and an increasing plaque burden as individuals aged. Additionally, plaque burden, specifically in the femoral artery, strongly correlated with cardiovascular disease risk factors.
The new study, which was led by Beatriz López-Melgar, MD (Centro Nacional de Investigaciones Cardiovasculares Carlos III, Madrid, Spain) and Valentin Fuster, MD (Icahn School of Medicine at Mount Sinai, New York, NY), and published July 10, 2017, in the Journal of the American College of Cardiology, provides "evidence that 3-D vascular ultrasound is a feasible and reproducible approach to not only detect, but also quantify, early atherosclerotic burden," according to the researchers.
Plaque volume, they explain, is a comprehensive measurement that includes disease presence and amount, which likely better reflects the cumulative effects of chronic cardiovascular risk factor exposure. The group points out that while 2-D vascular ultrasound can detect and grade the extent of atherosclerosis in different territories, 3-D ultrasound has been proposed as a better means to quantify peripheral atherosclerosis.
The PESA Study
In this population-based observational study, the researchers evaluated the plaque burden in 3,820 healthy men and women aged 40 to 54 years participating in the Progression of Early Subclinical Atherosclerosis (PESA) study. In addition to a physical examination, lifestyle questionnaires, and bloodwork, individuals had a baseline 3-D ultrasound of the bilateral femoral and carotid arteries. Follow-up visits are scheduled at 3 and 6 years.
At the baseline visit, the median global plaque burden was 50.8 mm3 and was higher in men than in women (63.4 mm3 vs 25.7 mm3; P < 0.001). Overall, atherosclerosis was present in 55.8% of men and 30.5% of women, was more pronounced in the femoral artery than in the carotid, and increased significantly with age.
Atherosclerotic plaque burden also tracked with cardiovascular risk factors. In a multivariate-adjusted analysis, male sex, increasing age, smoking (10 pack-years), dyslipidemia, and hypertension were associated with plaque burden. Diabetes was associated with plaque burden in the femoral but not carotid artery.
Gary Mintz, MD (Cardiovascular Research Foundation, New York, NY), who was not involved in the study, told TCTMD the imaging findings as a whole were not too surprising, particularly since it's been long documented that Western populations have a high prevalence of atherosclerosis.
"This study extends that to midlife," said Mintz. "If you look at plaque burden, global plaque burden of 30%, 40%, 50% is not that unusual and it increases as people get older. The Framingham study showed that a long time ago—older people have more coronary disease, and men have more than women until women get older. This is perhaps a more novel way of looking, at but it's not too surprising."
Regarding the technology, Mintz said one of the limitations of 2-D vascular ultrasound is the inability to sample a significant proportion of the vasculature. Also, one of the problems with ultrasound, in general, remains the reproducibility of image acquisition, he said.
In the present study, reproducibility was assessed as the agreement between three readers for global plaque burden, but Mintz said he would have liked to see a reproducibility analysis based on the technical aspects of image acquisition. External ultrasound is more dependent, or at least has the potential to be more dependent, on these technical aspects, including the skills of the technologist, he said.
"Since ultrasound is 100% noninvasive, it would have been better to have the reproducibility analysis started with acquiring a second set of images," said Mintz. "For example, technician 1 leaves the room, technician 2 comes in and redoes the study. Now, that's kind of arcane but it's important because anytime you're doing serial studies, or studies amongst many patients, then reproducibility is really important."
Potential Clinical Implications
Regarding the clinical implications, Mintz said there is reason to think 3-D ultrasound will supplement 2-D ultrasound but it depends a lot on the cost of the equipment as well as technical training. In terms of how it may be used, he said, it's a matter of philosophy.
"If you are of the belief that atherosclerotic coronary disease is ubiquitous in the Western population and everybody should be taking a statin, then it's a little unclear what this would mean clinically," he said. That said, 3-D ultrasound could be used to screen for individuals who have aggressive, albeit asymptomatic, atherosclerosis in order to target them with more intensive therapy, such as a PCSK9 inhibitor.
In an editorial accompanying the study, J. David Spence, MD (Western University, London, Canada), points out that total plaque burden is a much stronger predictor of cardiovascular risk than ultrasound measurements of intima-media thickness (IMT) and is more sensitive to the effects of therapy.
For example, in the High-Risk Plaque Study, carotid plaque burden was correlated with coronary calcium scores and predictive of adverse events, but IMT was not, he notes. Spence states that the development of 3-D ultrasound will make it easier to implement imaging studies where the artery is treated rather than simply treating cardiovascular disease risk factors.
Michael O'Riordan is the Associate Managing Editor for TCTMD and a Senior Journalist. He completed his undergraduate degrees at Queen's…
López-Melgar B, Femández-Friera L, Oliva B, et al. Subclinical atherosclerosis burden by 3-D ultrasound in mid-life. J Am Coll Cardiol. 2017;70:301-313.
Spence JD. Approaching automated 3-dimensional measurement of atherosclerotic plaque volume. J Am Coll Cardiol. 2017;70:314-317.
The study authors report no conflicts of interest.
Mintz is the chief medical officer of the Cardiovascular Research Foundation, the publisher TCTMD.
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