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Defending Land And Environmental Rights

How politically connected individuals abuse their powers to grab land from poor communities; a case of a Ugandan presidential aide

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Mrs. Grace Majoro Kabayo, (standing in the middle) in a meeting that was blocked by residents.

By witnessradio.org Team

As the demand for land for land based investments soars, the middleman’s role in the unlawful land transactions between investors and government agencies remains crucial in the broader scheme. The middleman business has become a lucrative venture in Uganda; more people are being recruited into it. For a public servant with access to vital information from land registries, the business is a goldmine. Middlemen are grabbing land for investors.

From the stage of land grabbing to investing, middlemen resort to the use of violence orchestrated by both police and other security agencies; at this point, high levels of impunity are exhibited, land rights defenders and land owners who demand for justice are then arrested for non-existent offences.

Witness Radio – Uganda records show that a reasonable percentage of grabbed land from poor communities in the country have for instance remained undeveloped.

In Mubende District, Central Uganda, residents accuse Mrs. Grace Majoro Kabayo a Senior Presidential Advisor for using her position to fraudulently acquire their land using police and officials from the Ministry of Lands. Ironically, Kabayo advises the President of Uganda on Pan-Africanism, and doubles as the Executive Secretary of the Pan African Women Organization’s PAWO Eastern Africa chapter, where she oversees the organization’s day-to-day activities.

Mubende District according to Witness Radio – Uganda figures, is ranked as one of the districts with the highest incidents of forced and illegal evictions and has registered with more than five cases since the year 2021 started.

Mubende District is bordered by Kyankwanzi District to the north, Kiboga District, Kassanda to the northeast and Mityana District to the east. Gomba district and Sembabule District lie to the south, whereas Kyegegwa District to the southwest and Kibaale District to the northwest.

Mrs. Kabayo with her political influence is allegedly using survey and boundary opening tactics to grab 625 Ha of land for thousands of inhabitants, which she has never lived on or owned.

According to locals, this is not the first time for the presidential advisor to engage into land grabbing, in 2017 while accompanied by the police in Mubende, she forcefully surveyed and grabbed 20 square miles and now wants to expand.

It is anticipated if Kabayo succeeds with the land grab, more than 5000 people on five villages comprising Kattambogo A, Kattambogo B, Rwobushumi, Rwonkubi and Nyaruteete, in Kigando-Buwekula Sub County in Mubende district, will lose their livelihood.

A letter dated 29th March, 2021, signed by the Permanent Secretary, Ministry of Lands, Housing and Urban Development, Mrs. Docus Okalanyi which Witness Radio – Uganda obtained a copy, okayed the move by the president’s advisor to open boundaries on land located at block 379 and all adjacent blocks which include: 378, 380 and 381 a process which the residents opposed.

Without any prior notice to the residents, Kabayo accompanied by the officers from Ministry of Lands, State House officials, and security personnel for the Uganda Peoples’ Defence Forces (UPDF) and Uganda Police had planned to conduct a rally at Nyarutete, one of the 5 villages, but was blocked by the angry residents.

Mr. Ruzhoga Laurent, 53, a resident of the village from birth, said, they have been facing threats of forced evictions for the last three years by Kaboyo. He asserted that his family would not leave the land for an imposter. Ruzhoga added that he would only leave as a corpse.

Jordan Byakatonda, an area land committee, chairperson said, the land targeted is public land with people on living on it.

He said, any person who wishes to get a leasehold on public land must first show his or her interest in the land before picking application Form 8 from the District Land Office or Area Land Committee, fill it, and attach 4 passport photos. He stated that the area land committee’s mandate involves receiving applications and issuing notices for public hearings concerning land ownership using Form 10, Byakatonda observed that Kaboyo had not engaged the committee during the process.

Information Sources from Mubende district preferring anonymity for security reasons accused some government officials of manipulating the stated legal procedures and guidelines. “Everything is coming from the center (ministry) instead of starting from an area where the land is located”, said the source.

“The first time we saw her, she was grabbing land and now she has come back to take ours. When she was asked by the land probe committee headed by Justice Catherine Bamugemereire why she had surveyed the land forcibly, she replied that she never surveyed any land and did not know those people,” another villager who preferred anonymity said.

According to guidelines of Ministry of Lands, Housing and Urban Development Planning Act, 2010 and Land Act, Cap 227, state that;

Any applicant for a leasehold on the public land must have in his/her possession fully completed form 4,10,19 23, a set of 3 authentic deed plans, 3 passport photographs, receipts of payment and a forwarding letter requesting for a freehold title signed by the District Land officer of the respective district where the land is located.

Step 2

The applicant presents the full set of original documents in duplicate and a photocopy of the same to the department of land administration for checking.

The photocopy is stamped received and returned to the applicant. The applicant checks with the department of land administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved the documents are forwarded to the department of the land registration for issuance of a freehold land title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him/her by the department of land administration stamped, received and identification documents on collecting the freehold Title. The applicant signs for the title and the photocopy is stamped returned on completion.

Documents required include; Deed plans, set of passport photographs, general receipts of payment and a requesting letter. Fees paid at the ministry. Registration fees-10,000#, Assurance of the title- 20,000#, issuance of the title-20,000#.

The preliminary steps that involve the Area Land Committee were not complied with by Mrs. Grace Majoro Kabayo as she acquired land that accommodates thousands of people.

Defending Land And Environmental Rights

Kawaala community land rights defenders will report for police bond for the fourth time on 1st August.

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By Witness Radio – Uganda team

Kampala, the three community land rights defenders from Kawaala Zone II charged with fraud are reporting back at the Old Kampala Regional Police Headquarters on Monday 1st of August.

It will be the fourth time for the defenders to report for the bond.

While appearing at the station on 18th July 2022, the two of the three defenders were re-arrested and subjected to another interrogation which lasted for one hour between 11 am to 12 pm local time.

They were quizzed by the head of the investigations at the Old Kampala Police headquarters, Deputy Assistant Inspector of Police (D/AIP) Patrick Domara. Land rights defenders Kabugo Michael and Kasozi Paul Ssengendo reported.  The third defender Busobolwa Adam did not turn up due to health-related issues.

On the third time, the two defenders who reported before police recorded additional statements on fraud charges that were preferred against them on July 11th, 2022.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries three-year imprisonment on conviction.

The lawyers representing the defenders said their clients were questioned by the police about their land ownership in Kawaala and the documents proving ownership. Police said that the complainant accuses defenders of forging land sales agreements and occupying land illegally.

The defenders were summoned, arrested, and interrogated on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Buroora who is accusing them of fraud.

The Resident City Commissioner is a representative of the president in the Capital City at the division level.

However, Witness Radio – Uganda believes that charges preferred against the community land rights defenders are a result of their continued mobilization of the local community of Kawaala to resist forced eviction, seek fair compensation, and resettlement before the Lubigi drainage channel is constructed.

“We challenge the RCC to bring evidence pinning the community land rights defenders on the alleged charges. We believe this is intimidation and continued efforts of fighting back to silence the work of the land rights defenders, wastage of their time and resources,” said one of the lawyers.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementer of the project.

The said project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

According to Witness Radio-Uganda lawyers, the community which is being forced off of its land without due process started living on that land in the 1940s and did not invite the project on their land.

The defenders will be reporting back on police bond at 10 am local time on the 1st of August 2022.

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Defending Land And Environmental Rights

Police re-arrest and interrogate Kawaala Community land rights defenders upon reporting back on bond.

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By Witness Radio Team

Kampala, Two of the three community land rights defenders from Kawaala Zone II, Kampala suburb have been re-arrested and re-interrogated on fraud charges at Old Kampala Regional Police Headquarters.

The duo had reported back to police on bond on fraud charges for the third time since they were first summoned on June, 29th 2022.

Kasozi Paul and Kabugo Micheal were subjected to another interrogation which lasted for one hour between 11 am to 12 pm local time. They were quizzed by the head of the investigations directorate at the Old Kampala Police headquarters, Deputy Assistant Inspector of Police (D/AIP) Patrick Domara. The third defender Busobolwa Adam could not make it due to health-related issues.

According to defenders’ lawyers, the duo recorded additional statements on fraud charges that were preferred against by police on July, 11th, 2022.

According to defenders’ lawyers, the victims were questioned by the police about their land ownership in Kawaala and the documents proving ownership. Police are saying that the complainant is accusing defenders of forging land sales agreements and occupying land illegally.

Section 342 of the Penal Code states that forgery is the making of a false document with the intent to defraud or deceive. It carries three-year imprisonment on conviction.

The defenders were summoned, arrested, and interrogated on the orders of the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division Anderson Buroora who’s accusing them of fraud.

Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio-Uganda says that the community which is being forced off its land without due process started living on that land in the 1940s and did not invite the project on their land.

Witness Radio – Uganda further believes that charges preferred against the community land rights defenders are a result of their continued mobilization of the local community of Kawaala to resist forced eviction, seek fair compensation and resettlement before the Lubigi drainage channel is constructed.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced evictions by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) funded by World Bank. Kampala Capital City Authority (KCCA) is the implementer of the project.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

The defenders were released on a police bond and required to report back on the 1st of August 2022 at 10 am local time.

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Defending Land And Environmental Rights

Six community land rights defenders from Kawaala have turned up at police for interrogations but, failed to take off

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By Witness Radio Team.

The six community land rights defenders from Kawaala zone II and the local leader that were summoned to appear at the Old Kampala Regional Police Headquarters have turned up, however, the interrogations did not take off due to the absence of the head of investigating team.

The six community defenders were required to report back to police for further investigations into alleged crimes that have not yet been officially disclosed to defenders’ lawyers. They were supposed to appear before the police investigation team today the 06th of July 2022 at 10:00 AM.

The defenders include; Kasozi Paul, Busobolwa Adam, Kabugo Micheal, Serugo Charles, Ssemanda David, Sserukwaya David, and the area vice-chairman Patrick Kato Lubwama.

While appearing before police for the first time last week on Wednesday 29th, the Deputy Assistant Inspector of Police (D/AIP) Domara Patrick who heads the investigations team casually said the defenders and the local leader are being investigated for obtaining money by pretense and forgery, which charges are not mentioned on police summons.

Since the first COVID outbreak in 2020, the victim defenders and others have been leading a pushback campaign to stop forced eviction by a multimillion dollars Kampala Institutional and Infrastructure Development Project (KIIDP-2) being implemented by Kampala Capital City Authority (KCCA). The drainage channel construction is financed by the World Bank.

This project first impacted Kawaala Zone II around 2014, when a channel diversion was constructed. The current planned expansion will widen that channel and require forced evictions across an area at least 70 meters wide and 2.5 km long.

Witness Radio – Uganda has established that the Deputy Resident City Commissioner (RCC) in charge of Rubaga Division, Mr. Anderson Burora is among the complainants. Resident City Commissioner is a representative of the president in the Capital City at the division level.

Witness Radio – Uganda believes that police are being used to harass and intimidate defenders to back off the justice campaign for people negatively impacted by the drainage channel.

The defenders and the local council leader have been booked to report back to the police on Monday, the 11th of July 2022 at 9:00 AM local time.

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