By Mulengera Reporters
On Monday 22nd December, detained journalist and online broadcaster Dean Lubowa Saava of TV1O was once again brought to the Makindye-based Utilities Court by prison authorities for further hearing of his illegal broadcasting case. The TV10 proprietor has been under detention since September when UCC first preferred against him charges of illegal broadcasting for operating an online TV without license.
Saava on Monday was without a lawyer and this prevented the state prosecutors from UCC from leading their second witness they had come with. Joseph Matsiko, a licensing officer, testified and gave his evidence earlier and the second witness was here to build on that. This is consistent with the prosecution’s assertion that they are ready to ensure the accused person gets his right to a speedy trial as they are mandated under the Constitution.
Led by Dr. Abdul Salaam Waiswa, who heads the legal directorate at the Commission, UCC prosecutors told the trial Magistrate Gladys Kamasanyu they were ready to proceed with the trial; only for Saava to step forward to explain that his lawyer was absent because he lost a relative and his would-be substitute had gone to support his wife giving birth. Upon him taking to the dock, Kamasanyu asked “Mr. Dean Lubowa Saava, ba lawyers baliwa [where are your lawyers]?”
Insisting to speak in Luganda ostensibly to depict the fact that he was birthed and raised by a mother who is a member of the Buganda royal family (omumbejja), Saava quickly told Court he wants to engage in some negotiations to expedite the end of the UCC licensing case “naye mukama wange omulamuzi bano abasajja banfukidde akayinja mu ngato. Era bakambwe nyo era nga n’obusungu bwabwe jjendi bukyali bungi.” This translates to loosely mean “Your Worship I’m keen at a negotiated settlement but these state prosecutors are complicating everything and they are too angry towards me.”
Saava added that once the UCC prosecutors de-escalate on their anger and reciprocate his keenness to engage towards a negotiated settlement, even there won’t be much need for lawyers to be involved on his side. The UCC prosecutors insisted that defence lawyers must be involved so that the accused person fully understands the implications of everything as opposed to being stampeded into stuff he doesn’t adequately understand, given that he isn’t a lawyer.
“In fact, we had brought our next witness but who we released earlier on to leave because we had realized even before Court started that the accused person hadn’t come with his lawyers today,” Dr. Waiswa explained to the Magistrate.
The Magistrate insisted that Saava allows his lawyers to be sufficiently involved so that he fully understands what is at stake as talks progress. “Otherwise, there is nothing wrong with you negotiating with the state. In fact, it’s what would be the best thing for both parties and I pray for success in that direction.”
She then asked him to re-state to Court who his lawyers are for the same to be properly recorded. “He is called Sam Ahamya but he hasn’t been able to make it today,” Saava responded to which the Magistrate inquired “but my record here indicates Nestar Kaganzi, which is which?”
Saava clarified that Nestar Kaganzi had been dropped and replaced with Sam Ahamya. Without explaining the details, Saava told Court “That one [meaning Kaganzi] got involved into some issues and won’t be able to continue being part of this case.”
Without being prompted by the Magistrate, UCC’s Dr. Waiswa sought to respond to the accused person’s claims that they have been hostile to him and unwilling to embrace his proposal for a negotiated settlement.
“Your Worship that isn’t true except that he needs to understand that this is not our case as state prosecutors. There is a complainant and we can’t decide everything on our own and it’s not true that we, as the state [prosecutors], have been harsh to the accused person,” Dr. Waiswa clarified as Saava, standing in the dock, breathed with some sigh of relief.
Waiswa added that, even that Monday morning, before coming to the Court room, they had spent some good time having a discussion with Saava before the Magistrate walked in and called Court to business. He said that he had realized there is possibility to make progress and the earlier the accused person gets his lawyer involved, the better.
Waiswa also commended Saava’s family members for being cooperative, considerate and supportive of their remanded breadwinner. He said that because of their prudence, there is hope the matter will be resolved. Court was made to see light at the end of the very long tunnel.
The Magistrate also rejected and downplayed Dean Lubowa Saava’s fears after he casually likened the magnitude of his licensing dispute with UCC to the military confrontation that existed between the US and Iraqi under Saddam Hussein in the early 2000s. Kamasanyu jokingly replied “no Mr. Saava, that’s exaggerating the thing too much.”
The accused person indicated it’s possible to end the matter amicably and expeditiously in a manner that will culminate into a win-win situation for both parties.
He insisted that a lot can be accomplished even without much involvement of his lawyers who he suggested ought to be involved at the very tail end. In his view, all he needs is for the UCC lawyers to give him more audience than they have been doing thus far.
Waiswa asserted that they had no problem having audience with Saava, prompting the Magistrate to inquire “by the way Doctor, how exactly are you engaging when this man is in Luzira? How exactly are you interacting with him” for purposes of the negotiated settlement he is insisting on?
The UCC state prosecutors asserted that in their view, it was sufficient continuing to engage the accused person Saava through his family members, and where need be the defence lawyers too. Saava burst out: “Your Worship, these people have the money and means to even come to Luzira and we talk directly. I hereby request that you compel them to do so and to also generally become more positive about the negotiated settlement I’m proposing and prepared for.”
Waiswa said that, even when they are a team of very busy lawyers and prosecutors, they are in principle agreed and have no problem driving to Luzira to go and engage with the accused person more directly. Whatever the case, the Magistrate advised that the talking continues so that some amicable resolution is reached-and this exactly is what she will be expecting Dr. Waiswa and his entire UCC state prosecution team to update her about on 12th January 2026. For that is when the Dean Lubowa Saava matter will be coming back to her Court, besides several other telecom and communication-related matters the Commission’s legal team continues to prosecute before her.
The Magistrate was unequivocal that on that day (12th January) being updated on the progress is all she will be expecting, and not prosecution bringing their next witness. To her credit, Kamasanyu has repeatedly made it clear to all accused persons appearing before her that it remains their right to always change their mind-regarding when to plead guilty, maintain their innocence in which case the trial goes on and when to opt to try out a negotiated settlement, which often results into a plea-bargaining deal being entered into.
And in his case, Saava doesn’t seem to legally have many options because the offence of broadcasting without a license is almost an offence of strict liability against which not even the best criminal lawyer in Kampala can successfully defend him or any other accused person. You either have the broadcasting license or not, because the reasons or circumstances under which you came not to have it or to operate without it, would be immaterial. Gratefully, this is something the accused person seems to have been appropriately advised about by his lawyers. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
