Ugandan President Yoweri Museveni has been sued by local artiste Richard Kaweesa for allegedly using his song ‘Another Rap’ in the 2011 campaigns.
Kaweesa has challenged him over the immunity he enjoys as the Head of State. In a petition before the Constitutional Court, Kaweesa says Museveni should be deprived of his immunity to allow for him be sued in his private and personal capacity.
“In any case, the presidential immunity is not absolute because a president can be a proper and necessary party to legal proceedings in the Supreme Court, challenging presidential elections under article 104 of the Constitution, where he issued for his personal actions during elections,”
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Kaweesa says in his petition.
The singer says since the President can be a complainant and witness in a criminal case, presidential immunity can, therefore, be removed during proceedings for the removal of the President from office before a tribunal or medical board sanctioned under article 107 of the Constitution.
“Therefore, not all acts of the President are official presidential actions, which must be protected by presidential immunity.”
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Kaweesa last year wrote to President Museveni, seeking USh5 billion in compensation for copyright infringement.
Kaweesa said he wrote and produced the song, which later became popular as Museveni campaigned for votes and eventually won the 2011 polls partly riding on the song.
In response, President Museveni dismissed the claims, saying he commissioned the making of the song, which makes him the ultimate owner.
Through lawyers, KTA advocates, the president says the song is registered under UG/C/2010/25 in his own name, making him the legal copyright holder.