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Hoima Court allows government to deposit rejected compensation by Tilenga oil project affected persons (PAPs) in court.

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By Witness Radio team

In what is considered an expedited Court decision, 42 households are losing their land to Total Energies’ Tilenga oil project in Buliisa district. This followed a court ruling that the households opposed to compensation being offered for their land and other properties instead be deposited in the Court’s bank account.

The rushed court ruling arrived barely four days after the case was filed and offered a single court hearing.

On December 4, 2023, the Attorney General Chambers, on behalf of the Ministry of Energy and Mineral Development rushed to court requesting permission to deposit compensation and evict 42 households from Kasenyi, Kizongo, Kirama, and Bugigo villages in Buliisa district.

Many households are opposed to receiving compensation for their properties as some argue that it is very low, 18 of them are allegedly in family land disputes while others have not been identified by Total but, their compensation will be deposited in the court’s bank account.

During the hearing, Counsel Herbert Alinda, one of the households’ lawyers had asked for time to study the case but, the Attorney General’s Chambers refused his request saying, the application was brought before the court seeking permission to deposit compensation or not.

In his ruling on December 08th, 2023, Justice Jessy Byaruhanga based on the Attorney General Chambers’ submission and granted the permission.

The Friday ruling is the second of this nature where the government has persisted in using courts to deprive citizens of their right to own property or receive adequate compensation.

In 2020, the government of Uganda through the Attorney General sued nine Tilenga project-affected households including Happy Ignatius, Tundulu John, Aheebwa Korokoni, and others accusing them of frustrating the implementation of the Tilenga Oil project in Kasenyi village, Ngwedo sub-county in Buliisa district when the nine refused low compensation of 3.5 million per acre that was being given under Resettlement Action Plan 1.

In 2021, the Masindi High Court illegally allowed the government to deposit the households’ compensation in court.

Only eighteen (18) households of the 42 turned up for the hearing. Community leaders attribute the low turnup of community members in court to the fact that some were unaware that they had been sued while others were given short notice and had no money to transport them to court.

Mr. Seremos Kamuturaki, a victim involved in the lawsuit and present at the hearing, expressed dissatisfaction with the ruling adding that many of them did not agree with the court’s decision to deposit their money on the court’s account.

Mr. Jealousy Mugisa Mulimba, another victim expressed concerns regarding the case’s proceedings mentioning that the case was filed at the Hoima High Court on December 4, 2023, and a hearing date was set as early as December 8, 2023.

Mugisa highlighted that some of the 42 households being sued were only informed about the case on December 6, 2023, leaving many unaware of the instituted case and questioning why the judiciary was acting swiftly.

Mr. Dickens Kamugisha, the Chief Executive Officer of the Africa Institute for Energy Governance (AFIEGO) says, “A court that makes a ruling after a single hearing when the same court has been adjourning other cases that were filed nearly ten years ago is a shame to itself and Ugandans. Citizens should not sit back and watch courts be used. We must collectively devise measures to ensure that courts dispense justice.”

Mr. Abdul Musinguzi of TASHA Research Institute Africa revealed that “What happened in court was absurd. Poor community members were not given a chance to defend their rights after they were ambushed with the hearing. Our courts need to serve the community, not individuals and neocolonial corporations.”

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Campaigning LC I Chairpersons Barred from Land Transactions Until Polls End.

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The Ministry of Lands has restricted LC I chairpersons seeking re-election from handling land transactions until after the July 28 village elections to prevent fraud, disputes and irregularities during the campaign period.

The Ministry of Lands, Housing and Urban Development has temporarily barred Local Council I (LC I) chairpersons seeking re-election from participating in land-related transactions, citing concerns over possible fraud and disputes during the election period.

In a public notice issued on Thursday, the ministry directed all campaigning LC I chairpersons to stop witnessing, endorsing, recommending or overseeing land transactions until the electoral process is concluded.

The directive comes as campaigns for village chairperson elections enter the final days ahead of polling on July 28.

“The advisory has been issued as a precautionary measure to safeguard the integrity of land transactions during this transition period and to minimise the risk of disputes, fraud, or other irregularities that may arise,” the ministry said in the notice.

The ministry advised members of the public against relying on LC I chairpersons who are actively campaigning for services involving the witnessing of land sale agreements, verification of ownership, handling of boundary disputes or any other transaction requiring local administrative involvement.

Individuals with urgent land matters were encouraged to seek assistance from qualified legal practitioners or use other lawful channels until the elections are completed.

“The Ministry urges the public to exercise patience until the election process is concluded. This precaution will help prevent costly mistakes and safeguard the interests of all parties,” the notice added.

The temporary restriction comes amid continued concerns over land disputes, which remain among the leading sources of conflict in Uganda, with local leaders often playing a key role in verifying ownership and facilitating village-level transactions.

Although LC I chairpersons do not have the legal mandate to transfer land ownership or issue titles, they are commonly relied upon during land transactions because of their knowledge of residents and local land histories.

They often help confirm the identity of sellers, identify boundaries and witness sale agreements alongside members of their executive committees, providing community-level verification before transactions are completed.

Legal experts have previously cautioned that LC I endorsements only provide local credibility and do not replace formal requirements under Uganda’s land laws. Buyers are still required to conduct proper due diligence before purchasing land.

According to the Electoral Commission roadmap, elections for Village (LC I) chairpersons will be held on July 28 across Uganda’s 71,214 villages. Elections for Parish (LC II) chairpersons will follow on August 10.

The Ministry of Lands said LC I chairpersons will resume their normal involvement in land-related matters after the conclusion of the electoral process.

Source: nilepost.co.ug

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Mbale City Senior Lands Officer Charged with Abuse of Office Over Sale of Govt Property

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KAMPALA — A senior land management official in Mbale City has been arraigned before the Anti-Corruption Division of the High Court on charges of abuse of office and fraudulent procurement of a certificate of title after allegedly facilitating the irregular sale of government-allocated land to a private businessman.

Emmanuel Paul Kigaye appeared in court Tuesday following his arrest by the State House Anti-Corruption Unit in collaboration with the Criminal Investigations Directorate and the Office of the Director of Public Prosecutions.

According to the prosecution, between September 2019 and May 2023, Kigaye, while serving as senior land management officer at Mbale City, engaged in an arbitrary act prejudicial to his employer’s interests. He is accused of irregularly causing the Registrar of Titles at the Mbale Ministry Zonal Office to issue a certificate of title for Plot 27, Bishop Masaba Road, in the name of businessman Moses Wamatsembe.

The state alleges that the action was illegal because the plot had already been allocated to the Dairy Development Authority. Prosecutors further claim that Kigaye fraudulently processed and procured the registration of a freehold certificate of title — FRV MBA199 Folio 22, instrument number MBA-0009476 — for land measuring approximately 0.5040 hectares at the same location, still in Wamatsembe’s name.

Kigaye denied the charges. He was remanded to Luzira Prison and is scheduled to reappear in court July 16.

The case highlights ongoing efforts by anti-corruption agencies to tackle irregularities in land administration, a sector long plagued by disputes and allegations of malfeasance in Uganda. Land management officers wield significant influence over title processing and allocations, making the position susceptible to abuse when proper safeguards are bypassed.

The State House Anti-Corruption Unit, established by President Yoweri Museveni in December 2018 under Article 99(4) of the Constitution, was created to fast-track the resolution of corruption complaints received by the presidency. Since its inception, the unit has conducted more than 400 operations across more than 100 districts, resulting in the arraignment of more than 856 suspects and 150 convictions. It has also recovered billions of shillings in public funds and facilitated the interdiction of numerous corrupt officials.

The arrest of Kigaye forms part of the unit’s intensified scrutiny of public officials suspected of undermining government interests through corrupt land deals. Such cases often involve collusion between bureaucrats and private individuals to divert public resources for personal gain, eroding public trust in local governance and development authorities.

Court proceedings are expected to shed more light on the alleged transaction as investigations continue. Officials from Mbale City and the Dairy Development Authority have yet to issue public statements on the matter.

Source: pmldaily.com

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Kibaale Residents Raise Corruption Concerns Over Delayed Land Title Processing

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Residents of Kibaale District have accused officials of corruption and unnecessary delays in the processing of land titles, saying the challenges continue to fuel land conflicts and deny vulnerable communities secure land ownership. The concerns were raised during a Uganda Land Commission sensitisation on the Systematic Land Adjudication and Certification programme.

Residents of Kibaale District have raised concerns over alleged corruption and prolonged delays in the processing of land titles, saying the challenges continue to affect land ownership and fuel disputes within communities.

The concerns were raised during a community sensitisation meeting organised by the Uganda Land Commission (ULC) on the Systematic Land Adjudication and Certification (SLAC) programme, ahead of the issuance of more than 2,000 land titles covering 647 hectares (1,600 acres) of land purchased by the government from Fred Kasozi for beneficiary communities.

The land, located on Block 241, Plot 1 in Buyanga, covers Kasambya, Kineka A, Kikonge, and Kidukuule villages in Buyanga Sub-county, Kibaale District.

Residents welcomed the initiative but questioned why many beneficiaries under previous phases of the programme are yet to receive their land titles despite completing the registration process several years ago

They argued that the delays have created uncertainty over land ownership and contributed to an increase in land-related disputes.

Community members also alleged that corruption within the land administration process has made it difficult for vulnerable people to access land titles, with some officials reportedly demanding bribes before processing applications.

Ibrahim John Mulumba, a resident of Kibaale Town Council, said he applied for a land title more than six years ago but has never received it.

“Some of us processed our land titles over six years ago, but they have never been released. We believe some of the delays are because people could not afford to pay bribes. Corruption among some land officers has frustrated many applicants,” Mulumba said.

He further claimed that only a few people managed to obtain land titles through the intervention of adjudication committees.

Janepher Mbabazi, a resident of Kikonge A Village, accused some government officials of promoting corruption, which she said has contributed to increasing cases of land grabbing.

Matia Birungi, the LC I Chairperson of Kasambya Village, welcomed the government’s intervention, saying the programme offers a lasting solution to persistent land conflicts affecting communities.

Augustine Bugara from the Uganda Land Commission warned officials against engaging in corrupt practices, noting that such behaviour undermines government programmes intended to improve people’s livelihoods.

“Corruption sabotages government programmes and denies intended beneficiaries the services they deserve,” Bugara said.

Vincent Kasaija, the LC II Chairperson of Kibaale, applauded the government for rolling out the programme, saying secure land ownership would promote peaceful coexistence and create a stable environment for economic development.

Kenneth Kabyanga, Chairperson of Kibaale Town Council, urged the Commission to ensure that land titling is implemented in line with the town’s physical development plan to avoid future planning challenges within the central business area.

Tom John Kasenge, a Commissioner at the Uganda Land Commission, said the programme is intended to improve community livelihoods by securing land rights and reducing land-related conflicts.

“The programme is aimed at promoting community livelihoods through agriculture by securing land ownership and ensuring communities live in a conflict-free environment,” Kasenge said.

He explained that communities who have occupied the land as bona fide occupants would eventually receive legal ownership, enabling them to invest confidently in long-term development.

Kasenge also outlined the requirements for processing land titles, noting that beneficiaries would pay processing fees ranging between Shs30,000 and Shs40,000.

He said the exercise would begin with community mobilisation, followed by boundary opening, land surveys, plot subdivision, and eventual issuance of land titles.

Responding to concerns raised by residents, Kasenge assured the community that the Commission remains committed to addressing challenges affecting the programme and finding sustainable solutions to land disputes.

Meanwhile, Kibaale Resident District Commissioner Stephen Byaruhanga acknowledged the existence of corruption within the district’s land administration system, alleging that some officials attached to the District Land Board had frustrated legitimate applicants.

“There have been corruption tendencies involving some officials, and many people have failed to benefit because of those practices,” Byaruhanga said.

He requested the Uganda Land Commission to provide his office with records from previous land title processing exercises to facilitate investigations into cases where beneficiaries never received their titles.

“Having this information will enable the security team to investigate those who frustrated the process and ensure accountability,” he added.

John Byarugaba, a staff surveyor in the Kibaale District Lands Office, said preparations for the latest land title distribution exercise had been completed.

“We already have everything in place, including survey stones, and we are ready to begin the exercise,” Byarugaba said.

He explained that under Block 244, Plot 20 in Karuguza, 912 land titles were processed and all beneficiaries received them, while under Block 178, Plot 1 in Nyamarunda Town Council, 1,517 land titles were processed, although a few remain uncollected.

He added that approximately 200 land titles under Block 244, Plot 19 in Buyaga, Karuguza, are still pending processing.

Source: nilepost.co.ug

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