What you need to know:

Their denial comes barely a fortnight after the International Court of Justice (ICJ) ordered Uganda to pay $325m (about Shs2trillion) to the DRC for its role in the conflict there between 1998 and 2003

Some of the Ugandans cited in the commission of inquiry allegations into illegal exploitation of natural resources and other forms of wealth in the Democratic Republic of Congo (DRC) 2001 have denied any involvement in the infamous plunder.

Their denial comes barely a fortnight after the International Court of Justice (ICJ) ordered Uganda to pay $325m (about Shs2trillion) to the DRC for its role in the conflict there between 1998 and 2003.
This was after the international court held that Uganda violated international norms as an occupying force in the DRC between 1998 and 2003.
Sunday Monitor sounded out some of the Ugandans cited in the 2001Justice DC Porter report and this is what they had to say.

Mr Sam Engola

He is a Ugandan businessman and politician who once served as a Cabinet minister.
According to the commission of inquiry, Mr Engola was accused of travelling to the DRC on military planes.
A one Capt Badogo was forced to admit that the plane also carried 1.5 tonnes of salt for Mr Engola at the behest of the Chief of Staff.
The report further stated that Mr Engola admitted to operating in the DRC and that he exported salt, sugar, soap, cigarettes, fuel, beer, jerrycans, as well as carried business people.

Asked what he thinks of the ICJ ruling that condemned Uganda to paying Shs2 trillion and whether he still has moral standing in society, Mr Engola pleaded his innocence.
He admitted to owning three aircrafts and securing a tender with the UPDF to transport cargo to the DRC. He insisted that never at any time was he involved in plunder.
“I was transporting cargo to save the people of Congo. The planes were mine. I had three aircrafts and I was hired to transport cargo. It was an official tender. I won a tender. I was doing business with them and I never looted. My hands are clean,” he said by telephone on Friday.
Indeed, the Justice DC Porter report exonerated Mr Engola after it established that he only had business interests in the DRC.
“…According to his own public admission, was conducting trade with the Democratic Republic of Congo, which cannot in itself be said to be illegal, illicit, or subject to criticism,” the Justice Porter report said of Mr Engola.

Kahinda Otafiire
According to the Justice Porter report, the name of Maj Gen Otafiire featured in respect to two cars, alleged to have been imported from DRC. Proper ownership of the said vehicles (a Mercedes Benz saloon and a Jeep Cherokee) had been raised in local newspapers.
In his defence, Maj Gen Otafiire told the Porter-led commission that one of the cars was purchased for the External Security Organisation (ESO). The other—a Mercedes Benz—was for a Rwandan called Paul Nyangabyaki.

Maj Gen Otafiire, who was the head of ESO at the time, said he deployed the car to the DRC to help in covert operational work for ESO. He, however, didn’t get a log book for the machine. The ownership of the car was then raised when he was seen driving it.
According to Otafiire, the Jeep Cherokee belonged to Mr Joseph Maditi—a Sudanese national working for UNHCR in Yumbe—and that he would occasionally leave the car which was registered in Sudan with him. The commission heard that Otafiire would sometimes use it in Congo.

When contacted on Thursday evening, in light of the international court decision and orders, the Internal Affairs minister briefly said: “Don’t be silly! My name was cleared by the commission…”
The Porter-led commission indeed cleared minister Otafiire of any wrongdoing. The commission said the explanation given by Maj Gen Otafiire at the time—as it was of an allegation contained only in a newspaper report—was consistent with his duties at the time. The report added that the commission would not recommend taking the allegations against him any further.
“In support of its allegations against Col Otafiire, the panel sent various documents to this commission … This commission has been unable to rely upon them.”

Caleb Akandwanaho, aka Salim Saleh

The commission’s report carried allegations of how Gen Saleh was a shareholder and a director in Take Air Ltd whose aircrafts plied Uganda-Congo routes during wartime.
It was alleged that Gen Saleh, as a shareholder, submitted invoices to UPDF for payment and was paid Shs111m for flights to the Congo that could not be identified.
“Gen Saleh could not explain the reason for the payment. He promised to check with his staff and report back to the commission. This was not done. Months later, the general appeared before the commission again and when asked about the documents he had promised, including manifests, he said that he had failed to get them,” accusations against Gen Saleh in the report read in part.

Maj Gen Kahinda Otafiire and Mr Sam Engola

The commission report shows that Take Air closed at the backend of 1998. It adds that Gen Saleh had difficulties in tracing its managing director, who left Uganda in March 1999. To date, payment is still not accounted for.
In its conclusions, the Justice Porter Commission held that it didn’t have evidence to prove that Gen Saleh was a key figure in any of the networks described nor has the reconstituted panel provided any such evidence.

However, under the Take Air conclusions against the four-star general, the commission recommended further investigations on grounds that it had failed to conclude the same.
“Further investigations in respect of Take Air to trace and confirm accountability for Shs111m. The commission has been unable to complete inquiries as Salim Saleh has failed to produce the necessary supporting documentation,” the commission’s report stated.
Gen Saleh could not be reached for two days despite repeated calls to him and also a torrent of short text messages.
He didn’t return the same by press time on Friday evening.

Lt Gen Muhoozi Kainerugaba
The name of the commander of the Land Forces also featured in the Justice Porter report though he was cleared of any wrongdoing.
While appearing before the commission, Gen Muhoozi testified of how he did not go to the eastern Congo where the alleged plundering took place. But rather he went to the DRC capital, Kinshasa. Gen Muhoozi further offered that he made two trips to the DRC—the first time being in 1997, during the regime of President Laurent Kabila when he went to source market for his meat products on behalf of his family’s ranch.

About the second visit, Gen Muhoozi said he went there in early 1998 when he had started working for Caleb International, Salim Saleh’s firm. He revealed having discussions with some potential partners in the DRC with a possibility of developing some mining interests there.
While exonerating him, the Justice Porter’s commission held: “There is nothing in the allegations against this officer. This commission has dealt with the allegation.”

Jovia Akandwanaho
It was alleged that, Ms Jovia Akandwanaho, Salim Saleh’s wife, owned the Victoria Group that was majorly involved in diamonds business.
It was further claimed that Ms Akandwanaho had introduced a one Khalil (a 22-year old involved in diamond smuggling) to a Civil Aviation Authority (CAA) official at the airport. She reportedly helped him to and fro the DRC and Belgium with the illegal diamonds.
The report revealed that the same official was run severally by Jovia to assist couriers from Belgium through customs. The commission concluded that she actively participated in the illegal diamond smuggling operations of the Victoria Group.
“This commission has set out Jovial Akandwanaho’s involvement with Khalil’s diamond smuggling ring,” the Justice Porter reporter concluded on Ms Akandwanaho’s involvement in Congo.
Efforts for two days to reach out to Ms Akandwanaho to give us her side of the story in light of the international Court’s recent decision were futile.
She neither picked our repeated calls nor responded to short text messages.
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