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Government geologist questioned over Shs600b claim for Isimba dam
Interrogated. The acting director of geology in the Energy ministry, Mr Zachary Baguma (right), with his lawyer Geoffrey Ojok before the land probe commission yesterday. PHOTO BY BY EPHRAIM KASOZI
Kampala. A senior government official has been interrogated over Shs600 billion compensation claims for rock and sand reserves on land purchased by government to pave way for the construction of Isimba Dam in Kayunga District.
Mr Zachary Baguma, the Acting Director in charge of Geological department in the Energy ministry, was quizzed in connection with authoring of an assessment report that formed basis for the interdicted senior government valuer Moses Magara to award billions to claimants who were already paid.
Mr Magara was interdicted in 2016 over accusations in regard to questionable valuations over a swamp that was excised by government in Wakiso District for construction of Entebbe-Kampala Expressway.
It is alleged that in 2014 during his tenure as assistant commissioner in charge of geology, Mr Baguma in collusion with Mr Magara authored the assessment report for sand and rock reserves affected by the construction of Isimba hydro power project.
The disputed report in favour of claimants, Mr Tom Kazibwe, a former Member of Parliament for Ntengeru County and Entebbe Municipality Town Clerk, Mr Charles Magumba, who have since sued government for payment of Shs132 billion, which is part of the Shs600 billion claim.
Appearing before the Justice Catherine Bamugemereire–led commission in Wandegeya, Kampala, Mr Baguma was quizzed over accusations of committing financial fraud, telling lies on oath, collusion, compromising the professional ethics and working against the interest of his employer, which actions risked Shs600 billion.
Tasked to explain the basis of his decision to assess a property that was already valued and owners compensated, the methods used to determine quantities of the rock, Mr Baguma testified that the actions were taken basing on instructions from a letter from the Ministry of Lands to the commissioner and that no facilitation was provided for the work.
Mr Baguma admitted that he nominated a five-member team of geologists without the consent and authorisation of then permanent secretary, Mr Kabagambe Kaliisa.
“I took instructions from my immediate supervisor and I stand by the report,” testified Mr Baguma who was accused of flouting the legal guidance in carrying out the disputed assessment,” he testified.
Accused of setting a dangerous precedent for the economy, Mr Baguma insisted that the geologists have done similar work and has since been approved.
“The decision we took was wrong, it was an oversight that we did not consult the permanent secretary,” said Mr Baguma who denied working against the laws.
He amused the commission when he admitted that the claimants were paid for surface interest but his report is accurate and that his accusers did not carry out an assessment.
The commission lead counsel, Mr Ebert Byenkya, said the investigation is in line with terms of reference in connection with assessing the legal and policy framework on government land acquisition.
Source: Daily Monitor
Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.
Professional Standards Unit, Uganda Police-Kampala.
RE: COMPLAINT AGAINST UNPROFESSIONAL CONDUCT OF THE DPC KIRYANDONGO DISTRICT FOR AIDING AND ABETTING LAND GRABBING IN NYAMUTENDE KITWARA PARISH KIRYANDONGO DISTRICT AND CARRYING OUT ILLEGAL ARRESTS AND DETENTION OF INNOCENT RESIDENTS/ BIBANJA OWNERS FOR PROTESTING AGAINST THE ILLEGAL EVICTION FROM THEIR LAND.
We act for and behalf of the Lawful and bonafide occupants of Land described as LRV MAS 2 FOLIO 8 BLOCK 8 PLOT 22 (FORMERLY KNOWN AS RANCH 22).
Our Clients are residents of Nyamutende Village, Kitwara Parish in Kiryandongo District where they have lived for more than 30 years and sometime in 2017, they applied for a lease of the said Land to Kiryandongo District Land Board through the Directorate of Land Matters State House.
As they were still awaiting their Application to be processed, they were shocked to establish that the said land had been instead leased to and registered in the names of Isingoma Julius, Mwesige Simon, John Musokota William, Tumusiime Gerald, Wabwire Messener Gabriel, Ocema Richard and Wilson Shikhama, some of whom were not known to the Complainants. A copy of the Search is attached hereto
Our clients protested the above action and appealed to relevant offices, but were shocked to discover that the above persons had gone ahead and sold the same to a one Maseruka Robert.
Aggrieved by these actions, the Complainants appealed to the RDC who advised them to institute proceedings against the said persons, and assigned them a one Mbabazi Samuel to assist them to that effect. The said Mbabazi accordingly filed Civil Suit Noa 46 of 2019 against tne said registered proprietors at Masindi High Court challenging the illegal and fraudulent registration, sale and transfer of the subject land to Maseruka Robert.
While awaiting the progress of the case mentioned hereinabove, the Complainants were surprised to find that the said Mbabazi, instead of assisting them, he went into a consent settling the said suit on their behalf without their knowledge or consent. A copy of the Consent is attached hereto.
Among the terms of the said consent Judgment was that the residents would be compensated without specifying how much and would in return vacate the Land.
As if that was not enough, Maseruka Robert and Mbabazi Samuel are going ahead to execute the said Consent Judgment by forcefully evicting the occupants without compensation which has prompted the complainants to challenge the said Consent by applying for its review and setting aside at Masindi High Court which is coming up for hearing on the 29th March 2023. A copy of the Application is attached hereto.
Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on the date it was fixed for hearing (6th February 2023). A copy of the Application is attached hereto
On Thursday last week, three tractors being operated by 6 workers of a one Mbabazi Samuel [the very person who had been entrusted to represent our Clients to secure their Land through Civil Suit No.46 of 2019] encroached close to 50 acres of our Clients’ land and started ploughing it but our Client’s protested and chased them away.
We have however been shocked to receive information from our Clients that on Sunday at Mid night, 3 police patrols invaded the community in the night and arrested community members; Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanunu Innocent, Mukombozi Frank, Kuzara, Rwamunyankole Enock, and took them to Kiryandongo Police Station where they are currently detained.
We strongly protest the illegal arrests and detention of our Clients as this is a carefully orchestrated land grabbing scheme by Maseruka Robert and Mbabazi Samuel who are receiving support from the DPC Kiryandongo.
The purpose of this Letter therefore is to request your good office to investigate the misconduct, abuse of office and unprofessionalism of the said DPC Kiryandongo District and all his involvement in the land grabbing schemes on land formerly known as Ranch 22.
Looking forward to your urgent intervention,
C.C The Head Police Land Protection Unit Police Head Quarters Naguru
CC The RDC Kiryandongo District
CC The Chairman LCVKityadongo District
CC The Regional Police CommanderAlbertine Region
WITNESS RADIO MILESTONES
The Executive Director of Witness Radio Uganda talks about the role played by Witness Radio in protecting communities affected by large-scale agribusinesses in Kiryandongo district in an interview with the ILC.
WITNESS RADIO MILESTONES
Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards.
By Witness Radio Team
Uganda’s leading land and environmental rights watchdog, Witness Radio has been awarded the best CSO land rights defender award 2022 in the recently concluded National Land Forum Awards held last week at Mestil hotel in Kampala.
Witness Radio’s executive Director, Jeff Wokulira Ssebaggala attributed the award to the community land and environmental rights defenders who stand up against the intimidation and different forms of harassment from land grabbers (economically powerful and politically connected companies and individual investors).
“This is an award for defenders at a community level. They work in very deadly environments filled with harassment, torture, death threats, arrest, trumped-up charges, and kidnaps among others to advocate for community land and environment rights. This is happening at a spate where criminalization and silencing of community land rights defenders are at increase.” Jeff added.
The award has come at a time when hundreds of Ugandans in different parts of the country are accessing services provided by the organization ranging from legal service provisions, non-judicial mechanism engagements, empowerment to help them understand their rights, and using the same knowledge to use the same skills to push back against illegal and forced evictions
The chairman of the organizing committee of the second National Land Forum, Mr. Jimmy Ochom noted some progress on legislation in Uganda’s land Governance. He cited growing inequalities on land where the poor are more vulnerable.
During awards, the state minister for housing, Hon persis Namuganza revealed that the government approved the plan for 2018-2040 that maps the land use in the country.
According to the minister, the government had identified land for settlement, game reserves, wildlife, arable land for farming, and water bodies among others in the plan which she said was passed a few weeks ago.
The event was organized by Oxfam and partners and provided a platform for discussions by the different actors in the land sector on issues around land governance, including land rights, land administration, and land governance for improved collaboration, cooperation between the actors, and improved land service delivery for Ugandans under a theme “Taking stock of the National Land Policy in addressing Land inequality in addressing Land inequality in Uganda.”
Other categories of awards that were won by different organizations and individuals including Mr. Eddie Nsamba-Gayiiya for his contribution to research on land rights, Justice Centers Uganda for Promoting Access to Land Justice, and Mr. Henry Harrison Irumba for Championing Legal Reforms among others.
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