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WITNESS RADIO MILESTONES

Buganda Prince’s widow accuses lawyer of land grabbing

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The widow is seeking the intervention of President Yoweri Museveni, Anti-Corruption State House Unit boss, Lt Col Edith Nakalema and lands minister, Beti Kamya.

Mary Ssimbwa, 80, a resident of Kabowa, a Kampala suburb, says her late husband’s former lawyer, Mukhembo, fraudulently acquired the land following the death of Ssimbwa in November 2014.

COURT|LAND GRABBING|FRAUD

The widow of Prince David Alexander Ssimbwa and the descendants of Sir Daudi Chwa II, have accused city lawyer Philip Mukhembo of allegedly grabbing their 350-acre piece of land at Nantabulirwa in Mukono district.

Mary Ssimbwa, 80, a resident of Kabowa, a Kampala suburb, says her late husband’s former lawyer, Mukhembo, fraudulently acquired the land following the death of Ssimbwa in November 2014.

The deceased was the younger brother of Sir Edward Mutesa II and one of the children of Ssekabaka Daudi Chwa II. The land is located a few metres from the Ridar Hotel in Seeta.

“Ssimbwa instructed Mukhembo of Wameli and Company Advocates to get the titles of his father’s land. He was to get 10% in legal fees. But he instead took the entire land and sold some to other businessmen,” she said.

In an agreement, dated November 17, 2011, seen by the New Vision, Prince Ssimbwa instructed Wameli and Company Advocates to obtain letters of administration in respect of the estate of the late Chwa II. The prince also instructed the law firm to invoke all legal means applicable in the identification and recovery of property belonging to Chwa II.

Mukhembo, trading as Luwangula Estates, is alleged to have sold part of the land to different business persons, including an Ethiopian who has a mailo title, yet according to the law foreigners are not supposed to hold such titles.

The widow is seeking the intervention of President Yoweri Museveni, AntiCorruption State House Unit boss Lt Col Edith Nakalema and lands minister Beti Kamya.

Court battle 

On May 10, 2018, the Family Division of the High Court directed the Commissioner Land Registration and/or Principal Registrar, Mukono Land Registry to process and issue titles for the disputed land, which has never been done.

Court documents indicate that in 2015, Wameli and Company Advocates asked former Family Court judge Percy Tuhaise to order the Registrar of Titles in Mukono to issue a certificate of title for the land in the names of Sir Daudi Chwa II (deceased) and, then, in the names of the administrator of the estates.

The law firm also requested that a certificate of title be issued in the names of Chwa II and Mukhembo. They wanted the Mukono district staff surveyor to reinstate the old boundaries of the plots as per the certified cadastral sheets by the Commissioner Survey and Mapping.

The law firm had filed the case against the administrators of the estate of Chwa II, Attorney General, Commissioner Land Registration and Commissioner Survey and Mapping.

When the case came up for hearing, counsels David Kaggwa and Elisha Bafirawala, for the respondents, objected to the law firm’s pleas.

Kaggwa pointed out that following the court judgment, the taxation was resolved by consent where the applicant was to be paid 10% of Prince Ssimbwa’s share.

In response, Counsel Senkeezi Ssali submitted that the orders of court were not only declaratory but were also directives. He stated that court had directed the estate to be distributed within a year.

Lawyer speaks out

Renowned lawyer, Anthony Wameli, said Mukhembo offered legal services to Prince Ssimbwa, who dismissed him without pay. He added that Mukhembo went to court and won a case in which he was supposed to get 10% of Ssimbwa’s estate.

“Those allegations are baseless and far-fetched and we also have land in that area,” Wameli said.

**New Vision

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WITNESS RADIO MILESTONES

Uganda: Land-grab victim communities will join counterparts in commemorating the 2024 International Day of Struggle Against Industrial Plantations.

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By Witness Radio team.

On September 21, 2024, land-grabs communities under their group, the Informal Alliance for communities affected by irresponsible land-based investments in Uganda for the first will join fellow victims in commemorating the International Day of Struggle Against Industrial Plantations, highlighting the growing threat posed by large-scale monoculture plantations.

These industrial plantations have led to the forced eviction of millions of people across Uganda, displacing indigenous communities and stripping them of their land rights and livelihoods. Driven by multinational companies and government-backed investors, with the support of government and private security entities, these evictions prioritize profits over people.

Among the many Ugandan communities still suffering the devastating impact of monoculture plantations are over 30,000 people who were violently displaced from the Namwasa and Luwunga forest reserves between 2006 and 2010 to make way for the New Forests Company’s pine and eucalyptus plantations. In addition, thousands of local and indigenous communities were illegally evicted to make way for palm oil plantations in Kalangala district. Nearly 4,000 people had their land grabbed by the Formosa tree planting company in the Mubende district, and over 35,000 were displaced in Kiryandongo to make way for industrial agriculture to grow maize, soybean, and sugarcane plantations, among others. These and other affected communities united and formed the Informal Alliance for Victims affected by irresponsible land-based investments to defend their rights in early 2019.

The International Day of Struggle Against Industrial Plantations was first celebrated on September 21, 2004, during a community network meeting fighting against industrial tree plantations in Brazil. Since then, it has become a day when organizations, communities, and movements worldwide come together to celebrate resistance and raise their voices, demanding an end to the relentless expansion of industrial tree plantations.

In Uganda, on Saturday, September 21, the 2024 commemoration will start with a radio program in a local dilect (Luganda) purposely to highlight weird experiences faced by communities displaced by large-scale monoculture plantations, struggles for justice, and holding companies and financiers accountable. A one-hour radio program starting at 10 a.m. EAT will feature leaders of the loose alliance. Listen to the radio program on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Later, land-grab victims in Uganda will join their colleagues from Africa and other countries around the globe in a webinar meeting aimed at fostering organizations’ and rural communities’ connection across member countries and communities to build confidence, share experiences, strengthen our campaign to reignite hopes and forge a bond of understanding between the Informal Alliance and victim communities shattered by destructive plantations as well as deterring future plantations expansion.

The Webinar will start at 3PM EAT and will be aired live on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Please note: Both the radio show and Webinar will be live on Witness Radio on www.witnessradio.org or download the witness radio app on playstore to listen live.

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WITNESS RADIO MILESTONES

Uganda: CSOs claim Agilis Partners forcibly evicting local communities to pave way for agribusiness; company did not respond

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Witness Radio and its partners have alleged that thousands of people from local and Indigenous communities have been forcefully evicted from their land to make way for Agilis Partners Limited’s large-scale farming operations, in violation of international human rights law.

They have raised concerns about severe human rights abuses including forced evictions and lack of prompt, fair, and adequate compensation; violations of Indigenous peoples’ right to free, prior, and informed consent; abduction, arrest, torture, and judicial harassment of human rights defenders, and alleged sexual violence against women and girls, as well as other negative social and environmental impacts.

Witness Radio and its partners representing PAPs have written to Agilis Partners on several occasions seeking a dialogue between the company and people who have been harmed however, the company has not responded to their communications.

In a letter to Agilis Partners in June 2024, 36 civil society organizations called on Agilis Partners and its financial backers to take immediate action to stop the human rights abuses and harassment committed against community members, engage in dialogue with the communities, and restore the lands to the people that have been displaced.

We invited Agilis Partners to respond to the letter, the company did not respond.

Company Responses

Agilis Partners. No Response.

Source: business-humanrights.org

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Witness Radio and Partners to Launch Human Rights Monitoring, Documentation, and Advocacy Project Tomorrow.

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By Witness Radio Team.

Witness Radio, in collaboration with Dan Church Aid (DCA) and the National Coalition for Human Rights Defenders (NCHRD), is set to launch the Monitoring, Documentation, and Advocacy for Human Rights in Uganda (MDA-HRU) project tomorrow, 22nd February 2024, at Kabalega Resort Hotel in Hoima District.

The project, funded by the European Union, aims to promote the protection and respect for human rights, and enable access to remedy where violations occur especially in the Mid-Western and Karamoja sub-regions where private sector actors are increasingly involved in land-based investments (LBIs) through improved documentation, and evidence-based advocacy.

The three-year project, which commenced in October 2023, focuses its activities in the Mid-Western sub-region, covering Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale, and Mubende districts, and Karamoja sub-region, covering Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido, and Karenga districts.

The project targets individuals and groups at high risk of human rights violations, including Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs). It also engages government duty bearers such as policymakers and implementers in relevant ministries and local governments, recognizing their crucial role in securing land and environmental rights. Additionally, the project involves officials from institutional duty bearers including the Uganda Human Rights Commission (UHRC), Equal Opportunities Commission, and courts, among others.

Representatives from the international community, faith leaders, and business actors are also included in the project’s scope, particularly those involved in land-based investments (LBIs) impacting the environment.

The project was initially launched in Moroto for the Karamoja region on the 19th of this month with the leadership of the National Coalition for Human Rights Defenders (NCHRD).

According to the project implementors,  the action is organized into four activity packages aimed at; enhancing the capacity and skills of Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs) in monitoring, documentation, reporting (MDR), and protection, establishing and reinforcing reporting and documentation mechanisms for advocacy and demand for corporate and government accountability;  providing response and support to HRDs and marginalized communities; and lastly facilitating collaboration and multi-stakeholder engagements that link local and national issues to national and international frameworks and spaces.

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