Gashumba’s claim over “Omalako Jajja Tova ku Main” slogan challenged

By | June 18, 2023

Hajat Hadija Uzieye Namyalo, the manager of the Officer of the National Chairman in Kyambogo has challenged claims by social media critic, Frank Gashumba that he own copyrights and all the other rights surrounding the slogan, “Omalako Jajja Tova ku Main” .

Sometime in October last year, a  group of youth led by Namyalo referring to themselves as “ Bazukkulu ba Museveni” launched a campaign in which they  asked President Museveni to offer himself as a presidential candidate in the 2026 general election.

Interchangeably using the slogans “Omalako Jjajja Tova ku main”, “Sigala ku Ballot”, “We Command you to Stand Again in 2026 and Beyond” and “Bazzukulu ba Museveni”, the group traversed various parts of the country seeking endorsements for Museveni to stand again in 2026.

However, early last month, social media commentator and critic, Frank Gashumba ran to the Uganda Registration Services Bureau to copyright “ Omalako Jajja Tova ku Main Sigala Ku Ballot: Jajja we command you to stand again in 2026 and beyond , bazzukulu ba Museveni to register the slogan as his own art work that he claims he birthed in November 2022.

Claim challenged

However, in a June, 5 letter to URSB, Hajjati Namyalo through her lawyers of Sebuufu Usaama and  Stanley Kangye from K&K Advocates challenged Gashumba’s claims saying she is the originator and creator of the words and the slogan.

“I officially commenced the use of "Omalako Jajja Tova Ku Main Sigala Ku Ballot: Jajja, We Command You to Stand Again in 2026 and Beyond: Bazzukulu Ba Museveni" in Uganda on 19th October 2022 when at my office in Kyambogo, I launched a bid by like minded Ugandans to urge the National Chairman, Yoweri Kaguta Museveni to stand in the 2026 elections, which date significantly precedes the purported date of birth of works as stated by the applicant in his application,” Namyalo says in her letter to URSB.

She argues that whereas Gashumba claims that the works were birthed on Novermber, 5, 2022, she has evidence of use  use and public exposure of this phrase through various media channels, including social media, print media, and public events on dates preceding this.

“The applicant's attempt to copyright my work represents an infringement of my intellectual property rights that I created in the course of my work as the Head of the Office of the National Chairman of the National Resistance Movement (NRM).”

Originality

Namyalo says she developed the  phrase "Omalako Jajja Tova Ku Main Sigala Ku Ballot: Jajja, We Command You to Stand Again in 2026 and Beyond: Bazzukulu Ba Museveni" together with a group of NRM  youth members based on “ our own creativity and ingenuity.”

She says the phrase exhibits a unique combination of words and expressions, reflecting their  originality as the creators and our support for the re-election of the incumbent president.

“ As the originator, hold the exclusive rights to this creative work and oppose any attempts to claim copyright ownership over it by the applicant.”

The manager of the Office of the National Chairman at Kyambogo says the registration of the copyright for the aforementioned work by Gashumba  aims to cause confusion among the public regarding the true originator of the phrase.

She notes that Gashumba’s application for copyright contains the name, image and likeness of President Museveni without his consent which she says will mislead the public into believing that the social media critic is the rightful owner and creator of the work and that he has the authority of the NRM national chairman to use his name, image and likeness.

Namyalo says this will be diluting President Museveni’s reputation and unfairly benefiting Gashumba.

“Given the significant investment of time, effort, and resources in building and promoting this phrase, I have a legitimate interest in protecting the established rights. I have reasonable belief that the applicant filed the copyright application in bad faith with the intention to unfairly exploit and infringe upon the established rights in the works,” she argues.

Namyalo told URSB that the slogan "Omalako Jajja Tova Ku Main Sigala Ku Ballot: Jajja, We Command You to Stand Again in 2026 and Beyond: Bazzukulu Ba Museveni" has gained significant recognition and acclaim within the public sphere as has become closely associated with their  campaign.

“ I have received widespread acknowledgment and praise for its originality and impact. This recognition further establishes and strengthens my objection to the applicant's attempt to claim copyright ownership.”

She adds that Gashumba’s claimed worked appears to be a combination of elements, including words and phrases, that are non-distinctive and commonly used within the political and campaign context.

“The inclusion of non-distinctive elements does not meet the threshold of originators.”

“I therefore request that this office(URSB)  rejects the registration of application No. UG/C/2023/89 for the copyright of the work titled "Omalako Jajja Tova Ku Main Sigala Ku Ballot: Jajja, We Command You to Stand Again in 2026 and Beyond: Bazzukulu Ba Museveni. I am prepared to provide additional evidence, such as dated materials, media coverage, witness statements, or any other supporting documentation to further substantiate my claim of originality and prior use and I trust that your office will thoroughly examine the evidence and arguments presented and make a fair and just decision in accordance with the applicable copyright laws and regulations.”

She therefore seeks that Gashumba’s application to copyright the slogan is thrown out by URSB.

Background

Gashumba is a member of the MK( Muhoozi Kainerugaba) Movement which is a group of Ugandans both within and out of the country laying the groundwork for Gen Muhoozi Kainerugaba to become the next president of Uganda.

On the other hand, Namyalo leads a group that seeks to have Museveni stand again for election as president in 2026.

The development comes on the backdrop of assertions by President Museveni that some of the members of MK Movement are self-seekers.

“You remember when he celebrated his 48th birthday, there was some enthusiasm by some of the youths. When I analysed it, I could see that it was because of weakness of our system.I could see it was sort of a resistance movement within the resistance movement(NRM). … but fo course some of the things (Gen) Muhoozi doesn’t know is that some of them are looking for their own interests. Some are looking for this, some are looking for that,” Museveni said during the NRM caucus retreat at Kyankwanzi early this month.

In a tweet in March this year, Senior Presidential Advisor on Special Operations, Gen Muhoozi Kainerugaba described the “jajja tova ku main” proponents as gangsters.

“Tova ku main is the brand for all gangsters, criminals and disasters Uganda has. It has nothing to do with my family,” Gen Muhoozi tweeted.

 

https://nilepost.co.ug/2022/10/19/nrm-youth-command-museveni-to-stand-again-in-2026/

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