{UAH} Museveni gives away Nakivubo
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According to what has been written in the media, there is no firm or company among those that have been mentioned has the capacity to upgrade Nakivubo War Memorial stadium for the following reasons:
a. Nakivubo War memorial stadium is located at the lowest point in a wetland (Kisenyi ) that is it is placed on soggy clay
b. Initial designs were not good enough to drain water from the play ground into Nakivubo Channel
c. For above two reason the perimeter wall has sunk in ground almost a half a meter in the ground
d. Point c means that the stadium is technically (construction engineering) is unfit premises that can only be condemn for demolition
e. The more weight put on the perimeter wall the high the risk for the stadium to collapse and sink further.
f. All what I write here can be witnessed along Namirembe Road (is sinking) and on the Western side of the stadium Kampala Box Club and adjacent shops.
The remedy comes only when the stadium is completely overhauled – lay drainage pipes to draw water from the stadium.
Secondly the entire stadium should get a new aggregated and concert foundation to reduce the risk for collapse and give the stadium a new lease of life.
Third the play ground itself should be elavated to allow proper water flow underground.
Bwanika. (Physical Planner @ www.idrc-ug.com)
CHAPTER 47
THE NAKIVUBO WAR MEMORIAL STADIUM TRUST ACT.
Arrangement of Sections.
Section
1. Interpretation.
2. Extinguishment of existing trust.
3. Establishment of trust.
4. Establishment and constitution of board of trustees.
5. Chairperson of board.
6. Proceedings of board.
7. Board to keep accounts.
8. Powers of board.
9. Vesting of property in board.
10. Board to discharge liabilities of former trustees.
11. Application of trust property.
12. Appointment and meetings of management committee.
13. Functions of management committee.
14. Validation of acts of former trustees.
15. Protection from personal liability of members of board, etc.
Schedules
First Schedule Scheduled property in the freehold
register.
Second Schedule Scheduled property in the leasehold
register.
CHAPTER 47
THE NAKIVUBO WAR MEMORIAL STADIUM TRUST ACT.
Commencement: 20 August, 1953.
An Act to establish a trust for the furtherance of organised games and
to incorporate the trustees thereof.
1. Interpretation.
In this Act, unless the context otherwise requires—
(a) "board" means the board of trustees appointed under section 4;
(b) "committee" means the management committee appointed under
section 12;
(c) "former trustees" means the registered trustees of the Uganda
Native War Memorial Recreation Ground;
(d) "scheduled property" means the parcels of land described in the
Schedules to this Act together with all buildings and erections on
those parcels;
(e) "trust property" means all land, buildings, rights, monies,
securities, credits, effects and all other property whatsoever
vested in the board or of or to which the board is seised,
possessed or entitled and includes the scheduled property.
2. Extinguishment of existing trust.
From and after the 20th August, 1953, the trust hitherto existing relating to
the Uganda Native War Memorial Recreation Ground shall be extinguished
and the registration of the former trustees as a corporate body under the
provisions of the Land (Perpetual Succession) Ordinance (now repealed)
shall be void without prejudice to any rights, liabilities, actions, claims and
demands then subsisting.
3. Establishment of trust.
There is established a trust to be known as the Nakivubo War Memorial
Stadium Trust for the purpose of administering the trust property in such
manner as to encourage the participation in athletic sports and games of
organised bodies of the inhabitants of Uganda; and the trust shall be
administered, controlled and managed in accordance with this Act.
4. Establishment and constitution of board of trustees.
(1) For the purpose of administering, controlling and managing the
trust property there is established a board of trustees which shall be a body
corporate by the name of "The Trustees of the Nakivubo War Memorial
Stadium Trust" and by that name shall have perpetual succession and a
common seal, and in connection with the purposes and subject to the
provisions of this Act, with power to purchase, hold, manage and dispose of
real and personal property and such other powers as are conferred by this
Act.
(2) The board shall consist of not fewer than seven nor more than
nine members appointed by the Minister by notice published in the Gazette.
(3) Each member appointed to the board shall hold office for such
period as shall be specified in the notice of appointment and shall on the
expiry of that period be eligible for reappointment.
(4) If any member appointed to the board—
(a) dies;
(b) resigns;
(c) ceases to be a member by effluxion of time;
(d) is absent from Uganda for a continuous period exceeding one
year;
(e) is declared a bankrupt or enters into any composition with his or
her creditors;
(f) is convicted of any crime involving moral turpitude; or
(g) is unable by reason of any infirmity of mind or body, in the
opinion of the Minister, to perform the duties of a member of the
board,
there shall be deemed to be a vacancy on the board, and the Minister shall
appoint another person to the board in place of that member.
(5) The common seal of the board shall be authenticated by the
signatures of the chairperson of the board or of some other member of the
board authorised by the board in that behalf and of one other member of the
board.
(6) The board shall appoint a secretary to the board who shall be an
officer of the board but not a member of it who shall conduct the
correspondence and keep the records of the board and perform such other
duties as the board may from time to time direct.
(7) The board may appoint a treasurer to the board who shall be an
officer of the board but not a member of it who shall keep the accounts and
perform such other duties as the board may from time to time direct.
5. Chairperson of the board.
(1) The Minister shall appoint a chairperson and a vice chairperson
of the board, each of whom shall be a member of the board appointed under
section 4.
(2) Except as provided in subsection (3), the chairperson or, in his or
her absence, the vice chairperson shall preside at all meetings of the board.
(3) In the absence of the chairperson and vice chairperson, the
members present at any meeting shall elect one of their number to be
chairperson for the purpose of such meeting.
6. Proceedings of board.
(1) At any meeting of the board four members shall constitute a
quorum for the transaction of business.
(2) A decision of the majority of members present at any meeting of
the board shall be deemed to be the decision of the board.
(3) The chairperson or vice chairperson or member elected to be
chairperson shall have a deliberative vote in common with the other members
of the board; and if upon any question the voting shall be equal, he or she
shall in addition have a casting vote.
(4) The board may appoint from among the members of the board
any committee for any special purpose that it may deem expedient.
(5) The board may from time to time make rules for the transaction
of the business of the board or of any committee of the board.
7. Board to keep accounts.
(1) The board shall keep a full and correct account of all monies
vested, received and expended in and by it and shall at the end of each
calendar year submit to the Minister a report of the operations of the board,
accompanied by statements of assets and liabilities and revenue and
expenditure.
(2) The accounts of the board shall be subjected to an annual audit
by an auditor approved by the Minister.
8. Powers of board.
Subject to this Act, for the purpose of the administration, control and
management of the trust property the board may—
(a) sue and be sued in its corporate name;
(b) acquire by purchase, gift or otherwise or hold lands and rights,
easements or interests therein or thereover and any other
property;
(c) erect, alter, enlarge or improve any building or other erection
upon any part of the trust property;
(d) with the consent of the Minister, borrow and raise money upon
such terms and conditions as may be approved by the Minister;
except that the board shall not permit any mortgage or other
charge whether legal or equitable to be created so as to affect the
scheduled property or any part of it;
(e) sell, lease, dispose of or otherwise deal in the trust property or
any part of it; except that the board shall not sell, lease, dispose
of or otherwise deal in the scheduled property or any part of it;
(f) invest any monies not immediately required in and upon any
investment for the time being authorised by law for the
investment of trust monies and vary any such investment;
(g) plant, drain, level and otherwise improve and alter any land
forming part of the trust property;
(h) employ upon such terms and conditions as it may determine such
managers, agents, servants or workers as may be necessary;
(i) from time to time hire or permit the use of such part of the trust
property as consists of land, buildings or equipment to or by any
person for the purpose of conducting any athletic or sporting
contests or games, at such fee, if any, as the board may from time
to time determine;
(j) from time to time use the trust property or any part of it for the
purpose of promoting and holding any athletic or sporting
contests or games;
(k) from time to time use the trust property or any part of it for the
purpose of promoting and holding a parade, exhibition, fete,
bazaar or any other function for which the trust property or any
part of it is or becomes suitable, or hire or permit the use of such
part of the trust property as consists of land, buildings and
equipment to or by any person for any such purpose, at such fee,
if any, as the board may from time to time determine;
(l) make charges for admission to that trust property or any part of
it of persons desiring to witness any athletic contests, any games
or any other function, or in its discretion, permit any person or
body of persons to whom the trust property or any part of it has
been let, hired or permitted to be used under paragraphs (i), (j)
and (k) of this section to make such charges;
(m) support and aid in the establishment and support, whether by the
grant or loan, with or without interest, of monies or otherwise, of
any association or body formed for the purpose of promotion and
encouragement of athletic sport and games;
(n) do all such acts, matters and things as may be necessary for
carrying out the provisions and purposes of this Act.
9. Vesting of property in board.
Subject to the provisions of this Act relating to the scheduled property, all
land, buildings, rights, monies, securities, credits, effects and all property
whatsoever of or to which prior to the 20th August, 1953, the former trustees
were seised, possessed or entitled and the benefit of all contracts entered into
by the former trustees shall be and the same are vested in the board to the
same extent and for the same estate or interest as they were previously vested
in the former trustees to be held and enjoyed, sued for, recovered,
maintained, dealt with and disposed of in accordance with this Act.
10. Board to discharge liabilities of former trustees.
From and after the 20th August, 1953, the board shall in all respects be
subject to and shall discharge all obligations and liabilities to which the
former trustees were subject and shall indemnify the former trustees and each
of them from all such obligations and liabilities and from all costs and
expenses in that behalf.
11. Application of trust property.
The board shall apply the trust property and any income derived from the
trust property to or for the purposes of the trust; and if any land forming the
whole or part of the trust property shall be sold, the proceeds of the sale shall
be paid and applied in such manner as the Minister, with the advice of the
board, shall direct.
12. Appointment and meetings of management committee.
(1) For the purpose of advising the board in the management and
control of the trust property, the board shall appoint a management
committee the chairperson of which shall be the vice chairperson of the
board.
(2) The committee shall consist of the chairperson and not more than
twelve persons, who need not be members of the board, appointed by the
board with the approval of the Minister.
(3) Any person appointed to the committee shall hold office for a
period fixed by the board and shall on the expiry of that period be eligible for
reappointment.
(4) If any person appointed a member of the committee—
(a) dies;
(b) resigns;
(c) ceases to be a member by effluxion of time;
(d) is absent from Uganda for a continuous period exceeding one
year;
(e) is declared bankrupt or enters into any composition with his or
her creditors;
(f) is convicted of any crime involving moral turpitude; or
(g) is unable by reason of any infirmity of mind or body in the
opinion of the board to perform the duties of a member of the
committee,
there shall be deemed to be a vacancy on the committee, and the board may
appoint another person to be a member in place of that person.
(5) The chairperson of the committee shall preside at all meetings of
the committee; except that in the absence of the chairperson, the persons
present at any meeting of the committee shall elect one of their number to be
chairperson for the purposes of the meeting.
(6) At any meeting of the committee five persons shall constitute a
quorum for the transaction of business.
(7) A decision of the majority of persons present at any meeting of
the committee shall be deemed to be the decision of the committee.
(8) The chairperson or person elected to be chairperson shall have a
deliberative vote in common with the other members of the committee, and
if upon any question the voting shall be equal, he or she shall in addition
have a casting vote.
13. Functions of management committee.
(1) Subject to any general or special directions of the board, the
committee may exercise the powers conferred upon the board by virtue of the
provisions of section 8(h), (i), (j), (k) and (l), and all acts done by the
committee in exercise of the powers conferred shall be deemed to have been
done by the board.
(2) The committee shall submit to the board either monthly or at such
intervals as the board may direct a report of the exercise of the powers
specified in subsection (1) and at the same time account to the board for all
monies received and expended in connection with the exercise of those
powers.
(3) Subject to subsection (1), any matter relating to the
administration, management or control of the trust property shall first be
referred to the committee which shall consider the matter and advise the
board upon the exercise of its powers in connection with the matter.
14. Validation of acts of former trustees.
All acts done prior to the coming into operation of this Act by the former
trustees incidental to the trusts hitherto existing relating to the Uganda Native
War Memorial Recreation Ground are declared to have been done in lawful
exercise of powers in that behalf, and the former trustees are released and
discharged from and against all legal proceedings in respect of any such acts.
15. Protection from personal liability of members of board, etc.
(1) No matter or thing done by the chairperson or any member,
officer or employee of the board or by any member of the committee bona
fide for the purpose of executing any of the provisions of this Act shall
render the chairperson, member, officer or employee personally responsible
to any action, liability, claim or demand whatever.
(2) Without prejudice to the generality of subsection (1), no act,
matter or appointment done, performed or made between the 3rd September,
1955, and the 27th December, 1956, by the board or by the chairperson or
any member, officer or employee of the board in purported exercise of any
of the powers contained in this Act shall be deemed to have been unlawfully
done, performed or made by reason only that the period of appointment of
members of the board had expired.
_____
SCHEDULES
First Schedule.
s. 1.
Scheduled property in the freehold register.
All that parcel of land situate in the Mengo district containing 11.62 acres or
thereabouts and registered in volume 3, folio 24, of the freehold register.
_____
Second Schedule.
s. 1.
Scheduled property in the leasehold register.
All that parcel of land situate in the Mengo district containing .836 acre or
thereabouts and contained in volume 247, folio 3, of the leasehold register.
_____
History: Cap. 129.
Cross Reference
Land (Perpetual Succession) Ordinance, Ordinance 16/1909.
_____
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_____________________________
Bwanika Nakyesawa Luwero
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