Connect with us

Defending Land And Environmental Rights

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

Published

on

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.

Continue Reading

Defending Land And Environmental Rights

State fails to produce a key witness, prematurely closes its prosecution in the trial of the eight land rights defenders

Published

on

By the Witness Radio team,

The state prematurely closed its prosecution in the trial of the eight community land rights defenders after it failed to produce its last witness, the Investigating Officer (IO).

Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha are facing a charge of threatening violence, which attracts a four-year sentence upon conviction.

Upon closure of the prosecution, the defense lawyers applied for the dismissal of the case for want of prosecution, adding the evidence before the court too weak to sustain a conviction

The court has directed the defense to file its written submission and serve the prosecution by 10th February 2022.

Since 2020, the prosecution has only presented two witnesses, which resulted in the trial being marred with unnecessary adjournments and transfers of trial magistrates.

The prosecution alleges that on September 4th, 2020, the eight community rights defenders, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local farmers and criminalized activities of community land rights defenders for resisting illegal and forceful evictions of poor communities in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The court will rule on the application to dismiss the case on the 20th of March 2022

Continue Reading

Defending Land And Environmental Rights

Mubende police arrest and charge farmers that workers of a tree-planting company attacked.

Published

on

By Witness Radio team

Five smallholder farmers have been arrested and charged with malicious damage by Mubende police, Witness Radio Uganda has learned.

The victim farmers include; Kabuka Levi, Lubwama Robert, Bulegeya Erisa, Byakatonda David, and Byamukama Yuda are among the victims of the company attacks. Upon arrest, they (victims) recorded statements and later were released on police bond.

Before their arrest, the farmers had opened several cases against their tormentors (company workers) for attacking and destroying their properties worth millions of Shillings. Several files were opened including SD.ref/09/07/12/2022 and SD.ref/12/07/12/2022 against company workers. However, to their surprise, the police made a U-turn and got them arrested.

On December 7th, 2022, in the wee hours of that day, a group of over 20 casual workers linked to Formosa limited, a tree planting company based in Mubende district attacked several families, properties like houses and food crop plantations were destroyed, and several farmers were severely beaten with intentions of forcing them off their land.

“When we reached Mubende police, we were all arrested and interrogated for almost an hour before recording statements on malicious damage charges. The company reported that we cut its trees and had photos as evidence which we did not do.” Mr. Kabuka Levi told Witness Radio in an interview.

In the meantime, the same company in 2017 caused the arbitrary arrest and imprisonment of 5 community land rights defenders for 15 years and 35 years on murder and other charges. The five include; Paul Sinamenya, Richard Ssemombwe, Fenehansi Kaberuka, Esau Hategeka, Godfrey Bukenya, Yonnah Ssebanenya, and Sserugo Sam Ssemigo.

Witness Radio appealed against the conviction of 5 defenders for review and is waiting on the appellant court to set the hearing date of the case.

Since 2011, Formasa company under the protection of private security guards and the police has grabbed 2590 hectares that were a source of livelihood for hundreds of poor communities.

The land grabbing has affected over ten (10) villages including Butoro, Kyedikyo, Nakasozi, Namayindi, Kitebe, Kisiigwa, Mukiguluka, Busaabala, and Kicucuulo located both in Maduddu and Butoloogo sub-counties in Mubende district.

Continue Reading

Defending Land And Environmental Rights

Community land rights defenders that have been on trial since 2020; are set to return to court this January.

Published

on

By Witness Radio Team.

The criminal trial of eight (8) Community land rights defenders on charges of threatening violence is to resume on the 23rd of January 2022, with the state producing its final witness.

The defense lawyers are preparing a submission of no case to answer upon closure of the prosecution’s case because of the insufficiency of the case.

So far, the prosecution has presented two witnesses before the court since 2020, whose trial sessions have been marred with unnecessary adjournments and transfers of hearing magistrates.

The eight community land rights defenders include; Mwawula Fred, Ramu Ndahimana, Samuel Kusiima, Martin Munyansia, Martin Haweka, Amos Wafula, Eliot Talemwa, and George Rwakabisha were charged with threatening violence, a charge that attracts a four-year sentence upon conviction.

The prosecution alleges that on September 4th, 2020, the eight and others, while at Kisalanda village, allegedly threatened to harm one of the police officers guarding Great Season SMC Limited’s plantation.

In November 2020, the prosecution disclosed to defense lawyers and informed the court that investigations were closed and the prosecutor’s chambers were ready to proceed to trial.

Great seasons SMC Limited is one of the multinationals that have forcefully evicted thousands of local people and later criminalized activities of smallholder farmers that have resisted illegal evictions in the Kiryandongo district. The others include Kiryandongo Sugar Company and Agilis Partners Limited.

The trial will start at 10 am East African Time.

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to our newsletter





No spam mail' ever' its a promise

Trending