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Land probe baffled by Entebbe town clerk new Shs 44bn rock compensation claim

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Entebbe Municipal Council town clerk, Charles Magumba

The Commission of Inquiry into land matters detained the Entebbe Municipal Council town clerk, Charles Magumba over Isimba hydropower dam double compensation claims.

Magumba is one of the people who filed new compensation claims for a rock on land they sold to government in 2014 to allow the construction of the 183 megawatts project at Nakatooke, Kayunga district.

According to information before the Justice Catherine Bamugemereire led commission, Magumba bought the 14 acres of land for which he was compensated by government while serving as a town clerk for Kayunga town council.

He was compensated with Shs 200 million in 2014 for his land that he had earlier bought between 2010 and 2011 at Shs 51 million. Despite being compensated, Mugumba complained to the then ministry of Energy permanent secretary Kabagambe Kaliisa in a letter dated July 2, 2014 seeking compensation for a rock on his land.

But according to Magumba, Kaliisa never responded to any of his letters prompting a joint letter dated July 30, 2014 letter by his lawyers in which they demanded the government chief valuer to carry out revaluation of the rock on Mugumba and former Ntenjeru South MP Tom Musisi Kazibwe’s land with a view of compensating them.

In an August 5, 2014 valuation report, signed by a senior valuation officer in the Lands ministry John Moses Magala and addressed to Kaliisa, Shs 44 billion compensation was recommend for Mugumba and another Shs 88 billion to Kazibwe.

With Magumba’s lawyers copied in the report, it has since informed the civil suit against government demanding a compensation totalling Shs 132 billion.

The commission’s deputy lead counsel John Bosco Suuza questioned the speed at which the revaluation was done by Magala and also noted that the report has since been disowned by the chief government valuer Gilbert Keremundo who accused Magala of doing things without his knowledge.

It’s this questionable report and others including the inflation of land compensation value for Kampala-Entebbe Express way to a tune of Shs 3 billion that led to Magala’s suspension in 2016.

Magumba denied knowledge of Magala’s dealings saying that all he was seeking is fairness and compensation for his rock since the contractor, China International Water and Electric Corporation was using materials from the rock to construct the dam yet government allegedly gave the contractor money to buy materials.

“In the initial stages when they told me I would be affected, they said I would be affected by the transmission line. But nonetheless my lord, I would be very happy as a Ugandan that what the ministry of Energy officials are saying is the truth.

That actually, they have a contract and government of Uganda is saving this money and Ugandans will not have to pay this money, Ugandans will not pay this loan because we have a loan to pay my lord and that this will reduce the cost of power, I would be very happy.

But if they are lying to you here and somehow the contractor is taking free money, it would be unfair to me as a Ugandan first of all as a private person for the loss I would have incurred. Then two, as a Ugandan because I would be part of the Ugandans who will be paying this loan,” Magumba submitted.

Suuza told Magumba that government had signed an engineering procurement contract (EPC) with the contract meaning that the contractor was given the site and everything within the project site. But Magumba said that he was not aware of this arrangement from the start since his numerous letters to the ministry of Energy were never responded to.

Justice Bamugemereire accused Magumba of conflict of interest saying that he bought land as a public servant with prior knowledge of a project and compensation process.

She further put it to Magumba that her commission had information that he had tried to use underhand methods by contacting former Energy ministry permanent secretary Kabagambe and government valuer Magala to get compensation from government.

“We have information that you actually approached Mr Kabagambe Kaliisa, please be truthful to yourself. Be truthful to yourself, be a truthful civil servant you did approach Mr Kabagambe Kaliisa…Isn’t true that you approached the Chinese and that’s when you decided that you’re going to tussle this out?” asked Bamugemereire.

The judge alleged that after failing to get the Shs 44 billion compensation claim, Magumba decided to sue government. With Magumba categorically denying the allegations, Bamugemereire handed him over to the CID officers attached to the commission to record further statements on the matter.

“Then you’re an incorrigible liar. You’re the kind of person who uses offices even Mr Kabagambe Kaliisa came here and said he declined your request. And you have personal issues with Kaliisa and you said you will tussle it out in court….you tried other means of getting this money and when those means failed you decided that you will go to court,” Bamugemereire said.

“You need to start thinking whether you want to be a public servant or a speculative businessman because you cannot use your public office to try and extort from government and at the same time pretend that you’re a loyal servant of the people of Uganda. Do you realise that you’re seriously conflicted? Many public servants sitting in that chair don’t want to talk about conflict of interest but it exists in our laws. It is an offence and both the Leadership Act and the Anti-Corruption Act.” she added.

Commissioner Fred Ruhindi also noted that the issue of conflict of interest was at play in Magumba’s case describing it as a tragedy for a town clerk to file a civil suit against the same government he serves.

“This issue of conflict of interest is downplayed but as a town clerk of an area who’s supposed to be guiding government on how public resources should be managed and government projects should be run, you’re the town clerk [but] you’re in court against yourself, you’re in court against yourself because you’re in court against yourself. You’re in court for land you bought at Shs 51 million [but] you’re in court claiming Shs 44 billion. Government official I don’t know why we should downplay this conflict of interest, its a government tragedy.” said Ruhindi.

Source: Observer

WITNESS RADIO MILESTONES

Land grabbers evict 360,000 Ugandans in 2024

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A staggering 363,021 Ugandans were displaced due to forced land evictions between January and June 2024, according to a new report by Witness Radio Uganda.

The report documented 90 cases of land evictions during this period, with nearly four incidents occurring weekly, affecting over 15,126 people and threatening 5,060 hectares of land nationwide.

The Central region was the epicenter, recording 52 eviction cases, followed by 24 in the Western region, eight in the Northern region, and six in the Eastern region. Alarmingly, the report estimated that 2,160 Ugandans face eviction daily, with 723 hectares of land at risk of being grabbed every day.

VIOLENCE AND HUMAN RIGHTS VIOLATIONS

Despite government promises and directives from President Museveni to halt evictions, land grabbers have routinely ignored these orders, often resorting to violence. Armed security forces, private militias, and police were reported to have carried out the majority of the evictions.

Of the reported cases, 37 were enforced by armed gangs on behalf of evictors, 25 involved Uganda Police, five were carried out with the participation of UPDF soldiers, and four were linked to private security companies.

“The egregious levels of impunity exhibited by land grabbers have left communities defenseless, creating an environment where their human rights are trampled without consequence,” said Jeff Wokulira Ssebaggala, country director of Witness Radio Uganda.

He called for accountability and justice, warning that the unchecked power of influential individuals and entities leaves marginalized communities vulnerable and without recourse.

DRIVERS OF EVICTIONS: INDUSTRIALIZATION AND LAND-BASED INVESTMENTS

The report identified the government’s push for industrialization and land-based investments as the primary drivers of forced evictions. Land is increasingly targeted for oil and gas extraction, mining, agribusiness and tree plantations for carbon offsets. While some of this land is already under development, other parcels remain vacant but are guarded by military personnel and private security firms.

Ssebaggala emphasized that industrialization must balance economic development with the protection of smallholder farmers’ rights to land and food security.

TRAGIC STORIES

The report highlighted harrowing cases that underscore the human toll of forced evictions. In Nakasongola, smallholder farmer Dan Ssebyala was ambushed and killed by armed men following a confrontation over disputed land. The district has become a hotspot for violent evictions involving absentee landlords and powerful investors.

Ismael Bwowe, a disabled father of 20, recounted how his land was confiscated after he demanded fair compensation. He faced intimidation, arrests and false charges from state authorities, including being accused of robbing an influential individual. Bwowe claimed that Total Energies offered legal support and representation on the condition that he accept their compensation terms.

“I refused,” he said, adding that the pressure to relinquish his land remains intense. The report underscores the urgent need for reforms to address forced evictions, ensure accountability, and protect the rights of vulnerable communities. Without meaningful intervention, Uganda risks deepening inequality and undermining the livelihoods of smallholder farmers who are essential to the country’s food security.

FAMILY JAILED AMID LAND DISPUTE

The plight of Richard Ssebagala, his wife Prossy Namande, and their relative Anania Ngabirano, residents of Kabubu-Kabongo village in Nansana Municipality, Wakiso district, highlights the human toll of Uganda’s ongoing land disputes. The family spent nine months in prison following their arrest on January 10, 2024, under controversial circumstances.

ARREST AND ALLEGATIONS

The arrests occurred at 1am, during a raid by officers from Luweero police station. Police reportedly banged on the doors and forcefully detained the family, accusing them of aggravated robbery. However, the family believes the arrest was a tactic linked to a land dispute with Benon Ntambi, a man who allegedly grabbed their land.

Before the arrests, Ntambi had reportedly destroyed crops, including tomatoes, potatoes, and bananas, on the contested land. While the family was incarcerated, a new building was constructed on their land, which is now occupied, raising further questions about the motivations behind their detention.

CALLS FOR JUSTICE

The case has drawn attention from Witness Radio Uganda, which has urged the government to take immediate action to address land grabbing and illegal evictions. The organization emphasized the need to strengthen land laws and protect vulnerable communities from abuses.

It also called for greater accountability in institutions such as the Uganda Police Force, the army and land registries, which are often accused of corruption and favoritism toward the wealthy.

“The government must prioritize justice for victims of illegal evictions and address systemic corruption that leaves the poor defenseless against land grabbers,” Witness Radio Uganda stated.

BROADER CONTEXT

This case underscores the broader issue of land conflicts in Uganda, where vulnerable families are often caught in disputes with powerful individuals or entities. Advocacy groups warn that the failure to address these issues not only erodes public trust but also perpetuates inequality and injustice.

As the government faces mounting pressure to act, the story of Ssebagala and his family serves as a stark reminder of the urgent need for reforms to protect land rights and ensure justice for those impacted by land disputes.

Source: The Observer

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WITNESS RADIO MILESTONES

Uganda: Community members violently evicted by security forces, allegedly related to EACOP; incl. co. responses

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On 10 February 2023, more than 2,500 community members were forcibly evicted from their land in Kapapi village in Hoima district in Western Uganda by security forces, receiving no compensation or resettlement.

Witness Radio, an Ugandan non-profit organisation comprised of human rights investigative journalists, lawyers, and social workers, said that many people were wounded during the eviction, women were raped, and houses were destroyed.

Witness Radio said its investigations found that this eviction occurred to clear the path for the Tilenga feeder pipeline, part of the East African Crude Oil Pipeline (EACOP). According to Witness Radio, in 2022 Kapapi community members’ land was surveyed for the Tilenga pipeline and people were informed they would be compensated for the land. Instead, they were forcibly evicted, which Witness Radio allege was backed and financed by Swacoff Intertrade Company Limited, known to TotalEnergies. They also allege that guards from private security company Magnum Security were involved. Witness Radio has also found that dozens of local farmers who were evicted have been arbitrarily arrested and face criminal charges.

The Business & Human Rights Resource Centre invited TotalEnergies, Swacoff Intertrade Company Limited, and Magnum Security to respond to the allegations. TotalEnergies responded and stated that no land eviction activities had been carried out by or on behalf of TotalEnergies EP Uganda (TEPU) and EACOP Ltd and that none of the affected people are Tilenga or EACOP Project Affected Persons. Swacoff responded and said that the company has never engaged in forceful eviction of any sort and asserts that these allegations are completely false. Their full responses and rejoinders from Witness Radio are available below. Magnum Security did not respond.

Source: Business & Human Rights Resource Centre

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WITNESS RADIO MILESTONES

Uganda: Land-grab victim communities will join counterparts in commemorating the 2024 International Day of Struggle Against Industrial Plantations.

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By Witness Radio team.

On September 21, 2024, land-grabs communities under their group, the Informal Alliance for communities affected by irresponsible land-based investments in Uganda for the first will join fellow victims in commemorating the International Day of Struggle Against Industrial Plantations, highlighting the growing threat posed by large-scale monoculture plantations.

These industrial plantations have led to the forced eviction of millions of people across Uganda, displacing indigenous communities and stripping them of their land rights and livelihoods. Driven by multinational companies and government-backed investors, with the support of government and private security entities, these evictions prioritize profits over people.

Among the many Ugandan communities still suffering the devastating impact of monoculture plantations are over 30,000 people who were violently displaced from the Namwasa and Luwunga forest reserves between 2006 and 2010 to make way for the New Forests Company’s pine and eucalyptus plantations. In addition, thousands of local and indigenous communities were illegally evicted to make way for palm oil plantations in Kalangala district. Nearly 4,000 people had their land grabbed by the Formosa tree planting company in the Mubende district, and over 35,000 were displaced in Kiryandongo to make way for industrial agriculture to grow maize, soybean, and sugarcane plantations, among others. These and other affected communities united and formed the Informal Alliance for Victims affected by irresponsible land-based investments to defend their rights in early 2019.

The International Day of Struggle Against Industrial Plantations was first celebrated on September 21, 2004, during a community network meeting fighting against industrial tree plantations in Brazil. Since then, it has become a day when organizations, communities, and movements worldwide come together to celebrate resistance and raise their voices, demanding an end to the relentless expansion of industrial tree plantations.

In Uganda, on Saturday, September 21, the 2024 commemoration will start with a radio program in a local dilect (Luganda) purposely to highlight weird experiences faced by communities displaced by large-scale monoculture plantations, struggles for justice, and holding companies and financiers accountable. A one-hour radio program starting at 10 a.m. EAT will feature leaders of the loose alliance. Listen to the radio program on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Later, land-grab victims in Uganda will join their colleagues from Africa and other countries around the globe in a webinar meeting aimed at fostering organizations’ and rural communities’ connection across member countries and communities to build confidence, share experiences, strengthen our campaign to reignite hopes and forge a bond of understanding between the Informal Alliance and victim communities shattered by destructive plantations as well as deterring future plantations expansion.

The Webinar will start at 3PM EAT and will be aired live on Witness Radio platforms on the website www.witnessradio.org or download the Witness Radio App on playstore.

Please note: Both the radio show and Webinar will be live on Witness Radio on www.witnessradio.org or download the witness radio app on playstore to listen live.

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