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Land registrar admits to issuing fake land titles

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In one of the most heart-rending revelations, a senior registrar of titles at the ministry of Lands, has admitted masterminding a fraudulent land transaction in which she created and issued a fake special certificate of land title, that may see 161 households including the auditor general John Muwanga evicted.

Acting against the provisions of the law, Luella Ataro Bogere, without any due consideration of the normal procedures, acted illegally and created a special certificate of title for land under contention, located on Block 185, Plot 1131 at Namavundu sub-county Wakiso district. The fake title was created in the name of Peninah Karenge Busingye.

In collaboration with other surveyors, among them Vianney Lutaaya, a surveyor in the ministry of Lands, Ataro, issued a special certificate of title, knowing that all the plots in the mother certificate had proprietors.

Ataro did not also consider the normal procedures that when somebody applies for special certificate of title, the registrar has to wait for 30 days after an announcement is made in the national gazette.

Appearing before the Commission of Inquiry into land matters on November 20, the senior registrar of titles failed to defend herself saying it was an oversight. The commission is investigating allegations of double titling of land in Namavundu, Kasangati town council in Wakiso district. Commissioner Fred Ruhindi put Ataro to task to explain why she is always implicated in serious land fraudlent deals.

“This is not the first time you have caused a change in proprietorship on people’s titles. And this one is gigantic. What is it that it is you constantly? How many times so far have you been here on very grave matters and this one is worse? You have been compromised to the marrow,” Ruhindi said.

“You knew the transactions were taking place on this title but you didn’t act. Don’t try to white wash things here… but even if you wanted to do things fishy, you can’t even do it nicely”.

Ruhindi lashed out at the way the likes of Ataro testify against complainants in court.

“In courts of law you are the very people who go and testify against the complainants and testify against the commission. You earn twice from your deals. You earn from a person claiming money from government and the ones you are giving fake titles. Assuming our commission never came into existence, how could you actually cover this?” Ruhindi asked.

Commissioner Mary Oduka questioned why Ataro decided to ignore the statutory 30 days required by the law before issues of the fraudulent title.

“How much money was that that was involved that you couldn’t even wait for the days (30 days). Don’t tell me it was an oversight, you didn’t know. Not even God will listen to it.” said Oduka..

This is the fourth time Ataro whose name has hit the post office box for notorious fraudulent land deals, is appearing and being questioned before the commission. In June 2017, the Land Probe chairperson, Justice Catherine Bamugemereire ordered for the arrest of Ataro who she accused of obstructing justice and disrespect. Ataro was detained at Wandegeya police station.

Ataro, who was then appearing for the second time before the commission to explain her role in the issuance of a set of land titles to individuals in wetlands located at Kijabijo, was also accused of telling lies by the commission.

”And I am asking you again today and you said no. What exactly do you mean? Which means you actually knew about it”, a visibly exasperated Bamugemereire said.

Ataro who had been avoiding some of the questions put to her by the commission could not, despite overwhelming evidence from witnesses, admit that she had a hand in deceptive land deals and did not follow right due procedures when processing applications leading to grant of certificate of titles in wetlands.

Records obtained by the commission showed that title 170 plot 644 was registered by Ataro and her senior land management officer, Satya Mwangushya without following laid down procedures. The two, the commission heard, avoided the district land officer and the district land board by approving the award of certificate of titles in a wetland.

In March 2018, the commission told Ataro to resign after she was accused of allegedly conniving with land grabbers to take the central forest reserve in Ssayi, Mukono municipality, and soliciting for money in order to sign transfer forms.

The revelation followed an earlier testimony from one Evelyn Kafeero, who had wanted to transfer a piece of land she bought from Jude Clement Kidega in 2014. Ataro, the commission heard, refused to sign the transfer forms and instead demanded for Shs 10 million for the transaction.

Kidega, an employee of ministry of Works, is also accused of selling part of Ssayi central forest reserve in Mukono, which is under contention to Kafeero, admitted before the commission that he paid Shs 10m to Ataro to help her sign his transfer forms

The land probe team also heard that Ataro illegally authorised the sub division of Kabaka’s land at block 369 plot 3 at Golomolo Kiyaga without Buganda kingdom’s consent. It is alleged that Ataro, through  a mutation form, authorised the sub-division of Kabaka’s land from block 369 into plots 8,9,10, 11 and 13.

Mutation is the transfer or change of title ownership from one person to another when the property is sold. 
Ataro has further been implicated in the issuing of title in Mabira central forest reserve to Nurdin Yusuf and Bashir Yusuf illegally.

In all these incidences, Ataro, vehemently denied any involvement in the bribery scandal.

“My lord, it is not true that I received money. It is totally false,” Ataro said. She also stated that she did not know that the land in dispute was a forest reserve.

But in a turn of events and unlike other appearances where denial was been the order of the day, Ataro, who was again arraigned before the commission this time round succumbed to her deceitful woes and admitted creating the special title for the Namavundu land located on block 185, plot 1131 in the names of Peninah Karenge Busingye.

“My lord and commissioners, it was an oversight and I apologise for it, I did not know the magnitude of the problem but now I realise there was a problem,” Ataro told the commission during cross examination.

She admitted she did not advertise the application for the special title in the newspapers, as it is required by law, to establish whether or not there were people with interest on the land.

But this did not solve the equation: “The way you minimalise mistakes by saying it was an oversight…, I apologise…is rather appalling. You issued the certificate of title in violation of all the rules, regulations and procedures of the law. You had made up your mind that you have to get a title out” Justice Bamugemereire.

“This thing of titling a certificate that belongs to over 160 people and you keep saying I apologise is ridiculous.”

Documents tendered before the commission show that the fraudulent special title was issued only nine days after the application was submitted as opposed to the 30 statutory days required by law.

Furthermore, the commission found out that the special title that was supposed to be issued in the original names, was instead issued in the in the name of Natasha Karenge. Kerenge has been summoned to appear before the commission. However, last week he submitted a letter, to the commission purporting that she was indisposed and that her doctor had prescribed a bed rest. Karenge asked to be given some time before she can appear before the commission.

The presence of the illegal special title came to the forefront when one Karenge together with her daughter, Natasha Karenge, under duress, fenced off the land claimed by one Stanley Lwanga, who holds the original title of the land under contention.

Lwanga, a retired accountant formerly with the ministry of Health, is one of the 161 households in Namavundu who face eviction as a result of the fraudulent transaction. Others include the auditor general, John Muwanga.

The land probe commission was created by President Yoweri Museveni in December 2016 and is chaired by Justice Catherine Bamugemereire. Bamugemereire is assisted by six commissioners; Fredrick Ruhindi, Dr Rose Nakayi, George Bagonza Tinkamanyire, Joyce Gunze Habaasa, Mary Oduka Ochan and Robert Ssebunnya

The commission’s lead counsel is Ebert Byenkya while the deputy and assistant lead counsels are John Bosco Suuza and Andrew Odiit respectively. The commission’s mandate is to probe the efficiency of the laws, policies and processes of land registration, acquisition, administration and management.

It is also tasked with inquiring into the effectiveness of the Uganda Land Commission (ULC) in administering public land and relevant bodies in the reservation of wetlands, forests, road reserves and national parks.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Witness Radio and Partners to Launch Human Rights Monitoring, Documentation, and Advocacy Project Tomorrow.

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By Witness Radio Team.

Witness Radio, in collaboration with Dan Church Aid (DCA) and the National Coalition for Human Rights Defenders (NCHRD), is set to launch the Monitoring, Documentation, and Advocacy for Human Rights in Uganda (MDA-HRU) project tomorrow, 22nd February 2024, at Kabalega Resort Hotel in Hoima District.

The project, funded by the European Union, aims to promote the protection and respect for human rights, and enable access to remedy where violations occur especially in the Mid-Western and Karamoja sub-regions where private sector actors are increasingly involved in land-based investments (LBIs) through improved documentation, and evidence-based advocacy.

The three-year project, which commenced in October 2023, focuses its activities in the Mid-Western sub-region, covering Bulisa, Hoima, Masindi, Kiryandongo, Kikuube, Kagadi, Kibale, and Mubende districts, and Karamoja sub-region, covering Moroto, Napak, Nakapiripirit, Amudat, Nabilatuk, Abim, Kaabong, Kotido, and Karenga districts.

The project targets individuals and groups at high risk of human rights violations, including Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs). It also engages government duty bearers such as policymakers and implementers in relevant ministries and local governments, recognizing their crucial role in securing land and environmental rights. Additionally, the project involves officials from institutional duty bearers including the Uganda Human Rights Commission (UHRC), Equal Opportunities Commission, and courts, among others.

Representatives from the international community, faith leaders, and business actors are also included in the project’s scope, particularly those involved in land-based investments (LBIs) impacting the environment.

The project was initially launched in Moroto for the Karamoja region on the 19th of this month with the leadership of the National Coalition for Human Rights Defenders (NCHRD).

According to the project implementors,  the action is organized into four activity packages aimed at; enhancing the capacity and skills of Human Rights Defenders (HRDs) and Land and Environmental Defenders (LEDs) in monitoring, documentation, reporting (MDR), and protection, establishing and reinforcing reporting and documentation mechanisms for advocacy and demand for corporate and government accountability;  providing response and support to HRDs and marginalized communities; and lastly facilitating collaboration and multi-stakeholder engagements that link local and national issues to national and international frameworks and spaces.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Kiryandongo leadership agree to partner with Witness Radio Uganda to end rampant forced land evictions in the district.

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By Witness Radio team.

Kiryandongo district leaders have embraced Witness Radio’s collaboration with the Kiryandongo district aimed at ending the rampant violent and illegal land evictions that have significantly harmed the livelihoods of the local communities in the area.

The warm welcome was made at the dialogue organized by Witness Radio Uganda, Uganda’s leading land and environmental rights watchdog at the Kiryandongo district headquarters, intended to reflect on the plight of land and environmental rights defenders, local and indigenous communities and the role of responsible land-based investments in protecting people and the planet.

Speaking at the high-level dialogue, that was participated in by technical officers, policy implementers, religious leaders, leaders of project affected persons (PAPs), politicians, media, Civil Society Organizations (CSOs), and development partners that support land and environment rights as well as the Land Based Investments (LBIs) Companies in the Kiryandongo district, the leaders led by the District Local Council 5 Chairperson, Ms. Edith Aliguma Adyeri appreciated the efforts taken by Witness Radio organization to organize the dialogue meeting aimed at bringing together stakeholders to safeguard community land and environmental rights in order address the escalating vice of land grabbing in the area.

During the dialogue, participants shared harrowing accounts of the impacts of land evictions and environmental degradation, including tragic deaths, families torn asunder, young girls forced into marriage, a surge in teenage pregnancies, limited access to education, and significant environmental damage which have profoundly affected the lives of the local population in Kiryandongo.

Participants attending the dialogue.

In recent years, Kiryandongo district has been embroiled in violent land evictions orchestrated to accommodate multinational large-scale agriculture plantations and wealthy individuals leaving the poor marginalized.

According to various reports, including findings from Witness Radio’s 2020 research Land Grabs at a Gun Point, the forceful land acquisitions in Kiryandongo have significantly impacted the livelihoods of local communities. It is estimated that nearly 40,000 individuals have been displaced from their land to make room for land-based investments in the Kiryandongo district. However, leaders in the district also revealed in the dialogue that women and children are affected most.

The Kiryandongo Deputy Resident District Commissioner, Mr. Jonathan Akweteireho, emphasized that all offices within the Kiryandongo district are actively involved in addressing the prevalent land conflicts. He also extended a welcome to Witness Radio, acknowledging their collaborative efforts in tackling and resolving land and environmental issues in the district.

“Ladies and gentlemen, we all know that the land rights together with environmental rights have been violated in our district, but because we don’t know what our rights are, because we have not directly done what we could to safeguard our rights and now this is the time that Witness Radio has brought us together to safeguard our rights. I want to welcome you in Kiryandongo and be rest assured that we shall give you all the necessary support to help us manage these rampant cases,” Ms. Adyeri said in her remarks during the dialogue meeting.

The team leader at Witness Radio Uganda, Mr. Geoffrey Wokulira Ssebaggala expressed gratitude to the participants for their active involvement in the dialogue and revealed that Witness Radio’s objective is to find a holistic solution to the escalating land disputes in Kiryandongo district serving as an example to other districts.

“We are here to assist Kiryandongo district in attaining peace and stability because it stands as a hotspot for land grabbers in Uganda. Mismanagement of land conflicts in Uganda could potentially lead to a significant internal conflict. Everywhere you turn, voices are lamenting the loss of their land and property. Kiryandongo, abundant with ranches, suffers from a lack of a structured framework, which amplifies these land conflicts. The influx of wealthy investors further complicates the situation,” Mr. Ssebaggala disclosed.

Within the dialogue, Mr. Ssebaggala emphasized the need for the Kiryandongo district council to pass a by-law aimed at curbing land evictions as an initial step in addressing the prevalent land injustices.

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WITNESS RADIO MILESTONES

Kiryandongo authorities decry rising cases of land disputes

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The LC5 chairperson of Kiryandongo, Ms Edith Aliguma Adyeri, has saidnland dispute has impacted on people’s lives, dignity and children’s education in the district.

Just like other parts of Uganda, conflicts over land in Kiryandongo arise when individuals – who often are blood relatives – compete for use of the same parcel of land or when members of the community lay claim over ownership of unutilised government land.

Ms Adyeri further said land and environmental rights affect people both directly and indirectly, “and we are not hearing it from afar. It is already together with us [here], it has already affected us!”

She was speaking at a meeting which sought to discuss alternative remedies to salvage the appalling land and environmental rights situation in Kiryandongo at the district headquarters on Thursday.

The one-day dialogue was aimed at reflecting on the plight of land and environmental rights defenders, local and indigenous communities and the role of responsible land-based investments in protecting people and the planet.

It was attended by private companies, members of civil society and local government officials and organised by Witness Radio – an advocate for land and environmental rights in Uganda – in partnership with Oxfam, and Kiryandongo District leadership.

“Some people have even died, families are broken up, and brothers are not seeing eye-to-eye because of land rights. Access to justice is equally becoming very difficult because when you hire one lawyer that
lawyer will talk to learned friends, and they agree. They leave you in suspense,” Ms Adyeri said.

According to her, some children have not accessed education because of land and environmental rights.

Mr Jonathan Akweteireho, the deputy Resident District Commissioner of Kiryandongo, said enlightened people especially should be sensitive to the historical injustice of this area.

“We can never handle the Bonyoro land question without thinking about that history. It will be an injustice to the incomers, to the government and to the leaders who don’t understand,” he said.

“We had 38 ranches here which on the guidance of these international organisations, especially the World Bank, the government restructured them, allowing people to settle there, they were never given titles and up to today, there are big problems in all those ranches,” he added.

Mr Jeff Wokulira Ssebaggala, the executive director of Witness Radio, said that a well-functional land sector supports land users or holders and investors, reduces inefficiencies and provides mechanisms to resolve land disputes.

Mr David Kyategeka, the secretary to the Kiryandongo District Land Board, said the issue of land rights is very clear but the major challenge has been sensitising the locals to know what rights he or she expects to enjoy out of this very important resource.

Source: www.monitor.co.ug

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