Museveni directs minister Anite to audit UTL

Thursday July 18 2019

A photo montage of President Museveni (left)

A photo montage of President Museveni (left) and State Minister for Privatisation and Investment, Ms Evelyn Anite (right). FILE PHOTOS 

By Monitor Reporter

President Museveni has directed State Minister for Privatisation and Investment, Ms Evelyn Anite to institute an audit in the activities of Uganda Telecommunication Limited (UTL).

In a letter dated July 16, 2019, Mr Museveni said he had “heard of some allegations” against managers of the telecom company.
“This is to direct you to institute an audit in the activities that are going on in Uganda Telecommunication Limited. I have heard of some allegations,” reads part of Museveni’s letter, a copy of which was seen by this publication.

For more than two years, UTL has been placed under administration and there is no clear signal suggesting that the status quo is about to change.
In early 2017, UTL was in debts of more than Shs700b when the Libyans, who held 69 per cent shares, left.
At that time, government had to liquidate the firm or save its collapse by putting it under provisional administration to allow a search process for competent investors to take it over.

The company was handling most official government telecommunication businesses, especially the official telephone lines.
In May 2017, UTL went under Administration Deed and government appointed the Registrar General of Uganda Registration Services Bureau (URSB), Mr Twebaze Bemanya, as the provisional administrator.
One of his tasks was to find an investor to buy UTL within six months. Others were to clear liabilities to all creditors.

However, the company did not attract a new investor and Mr Bemanya’s provisional administration was extended twice.
Efforts to get a new investor have been futile, triggering speculation that UTL will be under administration for a long time or be declared insolvent and liquidated.

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In May 2018, President Museveni ordered that all government ministries, departments and agencies (MDAs) sign up UTL as their sole provider for internet services as part of efforts to make the company more attractive to a prospective investor.
The National Backbone Infrastructure (NBI) would also be surrendered to UTL by the National Information and Technology Authority (NITA) to ensure fiber network connectivity across the country.

Debts
A Shs200b debt UTL owed to government was also written off and turned into shares under Uganda Development Corporation (UDC).
In April last year, Cabinet extended UTL’s operational licence for 20 more years. This also included a directive that Uganda Communications Commission (UCC) expands the UTL reach to cover the whole country.
However, to-date, the search for the right investor continues and the company remains indebted to the tune of Shs536b, according to a bi-annual progress report for November 22, 2018 to May 22 this year that the administrator sent to the Commercial Court, all creditors and shareholders indicated.

Besides that, more than 1,000 pensioners have since petitioned the Speaker of Parliament, Ms Rebecca Kadaga, seeking their Shs1.5b that court awarded to them but the company has not yet cleared it.
The relationship between UTL and UCC is also on the rocks.
In an April 29 letter, Mr Godfrey Mutabazi, the regulator’s executive director, wrote to Mr Bemanya, saying it may not renew the UTL licence in June 2020 because the latter had not met the application process requirements under the law.

He also stated that UTL owes UCC Shs49.8b in pre-administration debt and Shs10.2b as part of the administration.
Mr Mutabazi also accused the company of failing to comply with the Uganda Communications Act 2013 which requires an installation of an Intelligence Network Monitoring System (INMS) to enable state agencies monitor telephone calls for security purposes.

“UCC is concerned that whereas all private telecom companies fully complied with this requirement, UTL is to date not connected to INMS. This made UTL become the potential conduit for all fraudulent calls and transactions in the sector, thereby rendering government efforts to improve revenue assurance in the telecoms sector ineffective,” Mr Mutabazi stated.
“By not being connected to this system, UTL could expose the country to security risks since traffic through the UTL network is not effectively monitored by the security agencies,” he added.
Mr Mutabazi urged government to expedite the process of finding an investor.

He faulted UTL for underutilising assigned mobile and fixed phone numbers, not complying with the directive on implementing Location Based Services (LBS), not submitting any of its networks and end-user device/terminals to UCC for approval; poor quality of service, using networks that no longer have manufacturer’s support services and failure to seek UCC approval prior to using short codes used by other network services.

Finance, UTL woes
There has also been a protracted fight between Mr Bemanya and the Ministry of Finance.
Early this year, the ministry failed to have UTL audited on two occassions. The first was when Finance minister Matia Kasaija requested the Auditor General, Mr John Muwanga, to audit UTL.
In April, Mr Muwanga wrote back to the ministry, saying he could not audit the company because “it is being supervised by court.”
The second attempt was by State Minister for Privatisation and Investment, Ms Evelyn Anite, who asked Mr Bemanya to allow the ministry audit the company.

Mr Bemanya declined, saying such an exercise can only be conducted after the lapse of the Administration Deed in November.
After a week of confrontation through letters between Ms Anite and Attorney General, Mr William Byaruhanga, and his deputy Mwesigwa Rukutana, President Museveni last Thursday ordered Justice and Constitutional Affairs minister Kahinda Otafiire to ensure UTL issues are presented before Cabinet before any further action is taken. The President insists efforts to revamp UTL through getting another investor must be explored first and Cabinet must take a decision on that.

“As I have guided on several occasions, given the strategic importance of UTL to the economy, government has been in the process of identifying a suitable investor/s to partner with to revamp UTL as opposed to diverting it,” Mr Museveni wrote on July 3.
“The above position was also taken by Cabinet. Therefore, no actions contrary to Cabinet’s position should be taken. Further, Cabinet must always be consulted on any investment or related decisions concerning UTL before they are taken,” he added.

The following day, Mr Otafiire wrote to Mr Bemanya to expedite the process of finding an investor before the company is liquidated.
“As the administrator of the company, you are requested to expedite the process of sourcing a strategic investor. You are required to continuously update me on the progress to enable me report to Cabinet accordingly,” Mr Otafiire stated.
There are also other limitations that undermine the successful search for an investor for UTL as listed in the 2017 audit report of PricewaterhouseCoopers Uganda.

Limitations
It noted that there was need for a restructuring plan that would include conversion of the Shs224b debt UTL owes to Ucom, a company owned by the Libyans, into equity.
The firm also recommended that the Uganda Posts and Telecommunications Corporation pension liability of Shs206b be taken over by government and converting the combined debt of Shs134b owed to government entities such as Uganda Revenue Authority, National Social Security Fund and UCC into equity.
The auditors argued that this would reduce the debt to Shs145b. However, this has not been done.

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