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Livelihood, Land And Investment

Court orders police in Mityana to unconditionally release a community land rights defender, and 5 others

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By witnessradio.org Team

Mityana district – A Chief Magistrate Court has ordered Mityana police headed by Maine Alex Mukono to unconditionally release six (6) people who have been held in police custody since 7th and 8th August 2019 to-date without being presented in any court of law.

The victims included; Kulumba John Sr, a community land rights defender, his wife Jane Nankabirwa, his son Kulumba John Jr, and three Minana Local Council one (LC 1) leaders namely; Muyingo Ibra, LC 1 chairperson, his vice-chairperson Ssenyanja Robert, and defense secretary, Kasule John.

This follows witnessradio.org lawyers from Kiiza & Mugisha Company Advocates to sue Mityana district police commanders Mwine Alex Mukono and the attorney general for illegally and unlawfully detaining community land rights defender plus other five people. The lawyers applied to the court for their unconditional release. 

Kulumba Sr and his wife in advanced age, suffering from Diabetes and high blood pressure, were rounded up and arrested from their marital home in Minana village while attending to their son (Kulumba Jr) who had visited them from Kampala, while the trio local leaders were rounded up and arrested at Mityana central police where they had gone to report and record a statement about the murder of one Mulinde Kamada Kimbugwe, which occurred near their village.

Late Kimbugwe before meeting his death was facing multiple criminal charges both at Mityana police and Chief magistrate court for selling land he did not own and also, selling a plot of land to multiple buyers.

Kulumba Sr and 5 others have since been framed and charged with murder by Mityana district police.

Kulumba Sr, before his arrest, has been in and out of government offices including the ministry of lands where he had been summoned several times to defend his/other people’s land ownership.

Hearing the Release Order application on August, 26th, Mityana Chief Magistrate Erias Kakooza said, police had no mandate to detain people beyond the stipulated time as per the 1995 Constitution of the Republic of Uganda, thus ordered for the release of the suspects.

Article 23 (4) of the 1995 Constitution of the Republic of Uganda grants suspects under detention a right to be brought before the court not later than 48 hours from the time of their arrest.

 

Livelihood, Land And Investment

Tension as over 3000 people face unlawful eviction in Lwengo district.

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By Witness Radio team

As illegal land evictions escalate in Uganda, land speculators and grabbers with the help of District Land Boards, continue to target and grab land for the less privileged communities.

Section 60 (2c) of the Land Act CAP 22 states that the District Land Board is mandated to manage all public lands in the district, and it has powers to sell, lease, or otherwise deal with the land held by it, among others. 

Witness Radio has documented scenarios where District Land Boards give away communities’ land they have lived on for decades without providing alternative settlements. 

In Kiboga district, Flavia Kizito, a Senior Secretary to the District Land Board, irregularly issued three leases on land belonging to a family of the late Edirisa Kyakulagira in 2018 and 2019. 

In yet another shocking news, there’s a looming forced eviction on land belonging to over 3000 residents in three villages, Kalagala Parish, Malongo sub-county in Lwengo district whose livelihood has been entirely dependent on their land.

The subsistence farming communities have lived on the public land undisturbed for decades until February 2022, when different groups started targeting and claiming land ownership.

Local farmers accuse land speculators and brokers that have compromised with some of their peers to work for them and grab their land measuring 153 acres in Kawule, Kasagazi, and Lugologolo villages.

We have been on this land for so long, and we are wondering how those people acquired its title. We heard rumors that the so-called Bamwesigye and Mwebesa are behind selling us, but we have nowhere to go. We are ready to defend it.” Said Kosi Joseph, the Lugologolo Chairman and one of the affected persons. 

He added that he has lived on his land for over 32 years.

Residents learned of a looming eviction on WhatsApp Message sent to one of the area’s Councilor Herbert Ssekabira by an unknown person, reading that “the land on which the villages sit belongs to them.”

Mr. Ssekabira, upon receiving the sad news, informed the community and prompted them to seek assistance from our leaders to stop the land grab. The WhatsApp message said the land was bought in 2014 and later acquired a leasehold in 2022.” Mr. Kosi further added.

Kittatta Ibrahim, the Lwengo district Local Council Five (5) chairperson, informed the community that investigations surrounding the acquisition of their land had commenced immediately. He added that they intend to lodge a caveat on the said land.

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Livelihood, Land And Investment

Breaking; Lands Minister directs police chief to arrest armed mobs involved in forced and illegal land evictions.

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By Witness Radio team

Uganda’s Lands Minister Judith Nabakooba has directed the Inspector General of Police (IGP), Martins Okoth Ochola to arrest all organized and armed mobs involved in forced and illegal land evictions.

The directive is the second one from the same minister to the police chief in three (3) months due to widespread forced and illegal land evictions in Uganda.

On February 28, 2022, President Yoweri Museveni came out and banned all land evictions in the country that are carried out without the consent of the respective District Security Committees (DSC).

The latest directive was triggered by violent scenes that occurred on the 19th of March 2023 when armed groups of men with graders invaded the St peter’s Church of Uganda’s land in Kibiri and started destroying crops planted on the church land. The armed group whose employer is not yet established claims the church is occupying someone’s land illegally.

In an attempt to stop the unlawful eviction, Church leaders, led by Reverend Maxwell Ssebuggwawo and some faithful tried to intervene but in vain.

According to eyewitnesses, the armed group immediately attacked the Clergyman and other Christians causing severe bodily injuries. In the scuffle, Rev. Maxwell Ssebuggwawo’s vestments were torn by the mob, whom the community believes was being targeted.

In response to the violent attack against the church leader and congregation, the minister observed that many land grabbers have resorted to using organized and armed mobs to evict people from their land. She further describes eviction as illegal and unacceptable since the government has capable security agencies that can effect lawful evictions.

“We have noted incidents where some crooks employ mobs to evict people yet we have security forces that can do this concerning the law. This is wrong. I have therefore directed the IGP to arrest everybody involved in these illegal acts and be brought to book”, the Minister added in an interview with the local media.

Witness Radio in the recent past has documented incidents where organized and armed mobs are participating in violent land evictions.  For instance, a recent eviction of a 99-year-old Hellena Namazzi in Numugongo in Kira Municipality in Wakiso district by Sema Properties boss, Ssemakula Sulait, another ugly case involved a violent eviction of over 2000 people off 328.1 hectares by one Moses Karangwa and Abid Alam in Kassanda district among others.

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Livelihood, Land And Investment

Over 500 Kapapi families in Hoima district remain stranded after the district security committee fails to resettle them back on their land as directed by the minister.

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By Witness Radio team.

Hundreds of families, violently evicted from their land in Kapapi and Kiganja sub-counties in Hoima district are still pondering their next moves as efforts to return to their grabbed land remain ambiguous.

The directive came after Hoima district police and private guards from Magnum, a private security company raided people’s homes in Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete villages in Kapapi and Kiganja sub-counties, Hoima district on 10th of February 2023 at 1:00 am.

The violent scenes left hundreds of children with scores of injuries, houses were torched, and property worth billions was destroyed.  The animals such as goats, sheep, and cows were butchered and others were looted.

On 22nd of February 2023, the Minister of Lands, Housing and Urban Development, Honorable Judith Nabakooba while addressing a meeting in Rukola village Kapapi sub-county, Hoima district directed the security committee to return the victim villagers back to their land.

She considered the eviction unlawful since it was conducted at night and without a court order.

In that meeting, area leaders, Hoima district police and Hoima Resident District commissioner, Mr. Rogers Mbabazi, Deputy Resident District Commissioner, Mr. Michael Kyakashari were in attendance.

The victim community accuses a group of people including Ndahura Gafayo, Aston Muhwezi, David Mpora, Monica Rwashadika, Agaba, and Wilber Kiiza of being responsible for the land grab.

The grabbed land is situated at the shores of Lake Albert adjacent to the Kabaale parish in Buseruka Sub-county where the greenfield oil refinery is to be established. In April 2018, the government selected the Albertine Graben Refinery Consortium (AGRC) as the private sector investment to finance, develop, construct, and operate the Greenfield oil Refinery estimated to cost $4b.

According to the Witness Radio research team, ever since the directive was made instead, there’s increased human rights violations including arbitrary arrests, detentions and threats, and intimidation against victims of residents encamped at Rwenyana Church to vacate.

The evictees report that after the minister’s directive, three community members include; Mbombo Steven, and Kalongo Steven have been arrested, charged, and remanded to Hoima government prison.

“Our families encamping at church and waiting to be resettled back as directed by the Minister are facing further threats and intimidation to go away. They say they don’t want us at the church. Some of us are currently in hiding for fear of arbitrary arrests or kidnaps.” A community member who preferred to be called Enos due to fear of retaliation told Witness Radio.

He further added that the community is living at the mercy of God, with no food, or shelter, and predicted an uncertain future for their children since they are not attending school.

“Families are scattered in different centers while others continue to live with their relatives. However essential services such as shelter, food, health services, and education for their children remain a challenge. These people found us on land and started claiming ownership of this land. Imagine when we went for a search at a land registry, we found out that they only have a title of 2 acres but everyone knows we have been on this land for over 30 years. We have people who were born on this land.” He added.

Witness Radio contacted Mr. Rogers Mbabazi, Hoima Resident District Commissioner who heads the district security committee, to understand how far the committee had gone with the implementation of the minister’s directive. He instead referred us to his Deputy Mr. Michael Kyakashari.

Mr. Michael Kyakashari, when asked about the status of the directive, told our reporter that he did not have an answer for him before he hung up.

“I don’t have an answer for you” He repeatedly said.

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