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WITNESS RADIO MILESTONES

Startling Revelations About 213 Titles Government Returned To Mengo Emerge at Land Commission of Inquiry

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By witnessradio.org team

A revelation by officials of Buganda Land Board (BLB), a professional body that Buganda King Ronald Muwenda Mutebi II to manage land and properties returned under the restitution of Assets and properties Act 1993, that only 8 out of 213 land titles returned by Central Government to Mengo in 2013 had been transferred to Kabaka’s name so far raised eyebrows in the session of the inquiry investigating into land management in Uganda.

Comprised of Justice Catherine Bamugemereire, Olive Kazarwe, Rutagaaza Suuza, Freddie Ruhindi, Robert Ssebunya, Mary Oduka Ochan, Joyce Habasa, Dr Rose Nakayi, George Bagonza Tinkamanyire and Douglas Singiza, the Commission heard on Friday afternoon that the Ministry of Lands was yet start processing the transfer of the remaining 205 titles to Kabaka Mutebi’s names three years later.

“In 2013, we received 213 titles from government through the president, it’s about three years now, but they [government] have transferred few of them into Kabaka’s name,” said Kyewalabye Male, the Chief Executive Officer of Buganda Land Board.

Kyewalabye explained that “we have been approaching the Ministry of lands to transfer these titles, but we don’t know why they are delaying the process yet the president gave a directive to transfer these titles. So, we play that this matter is expedited for the benefit of the tenants and the landlord [Kabaka] so as our work can continue.”

Although they didn’t make conclusive remarks on the issue, many of the Commission members looked astonished, promising to do something about it in their report.

TIME BOMB

Buganda Land Board officials led by Martin Kasekende, the chairman Board of Directors, Buganda Land Board and Minister of Lands, Agriculture and Environment in Buganda Kingdom, Barnabas Ndawula, Head legal department, Bashir Kizito, Head Physical Planning, survey and research, among others, the Board said that Uganda is sitting on time bomb, warning that the way computerization of land Information System was handled could be a recipe for disability in Uganda.

“The way computerization of land system has been made, has not followed the best standards which has reduced people’s land measurements and it can spark off trouble in the country just in case the land owners opted for opening of their boundaries,” said Kyewalabye.

When the commission tasked the Buganda Land Board officials to share their views of the possible causes of falsehoods that lead to creation of multiple titles on the same piece of land, officials faulted Ministry of Lands officials for applying weak methods of surveying land.

They thus appealed to government to strengthen its departments of; Department of Surveys and Mapping and office of titles to ensure that all due processes are being followed before issuing titles.

Between 2010 and 2013, Government contracted IGN France International to digitalize land titles and in 2013, the company handed over the first phase of digitalized 592,000 land title records to the ministry of Lands.

However, the ongoing system has since faced fierce criticism with a section of Ugandans saying that the new system is full of falsified land titles thus escalating land grab crisis in the country.

OPPOSED TO COMPULSORY LAND ACQUISITION

Buganda Land Board officials, also used their interface in the committee to vehemently oppose the proposal by Government to amend article 237 (1) of the constitution to provide for compulsory acquisition of land by government without compensation to the affected land owner.

“We oppose it [land amendment] because the law in Uganda provides that land belongs to people. Secondly, many people keep their money in land. So, when you say that you will compulsorily take their land on which their houses were built, where will they sleep?” Kyewalabye said.

He said that even with the current plain constitutional provision, government has reneged to the extent that it has used some of Kabaka’s land without payments before road constructions.

“We have many cases where Kabaka’s land has been grabbed by government in the process of constructing roads without compensating Kabaka up to now, if government can grab Kabaka’s land what about the peasants?” said Kyewalabye.

“Therefore, we out rightly oppose that bill because we believe it will promote unfairness and land grabbing in the country with impunity,” he added.

According to Kyewalabye, the projects in which Kabaka has been affected, Kibuye-Entebbe road, completed in 1998, Kampala northern bypass extension, Entebbe Express Highway ,Munyonyo Spur, Mpigi-Maddu-Ssembabule and Mukono-Kyetume-Katosi, comprising 70-acres and worth more that Shs 10bn.

Article 237(1) of the constitution stipulates that “land in Uganda belongs to the citizens of Uganda and shall vest in them in accordance with the land tenure systems provided for this constitution.”

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PETITIONS

Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.

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The Commandant,

Professional Standards Unit, Uganda Police-Kampala.

Dear Sir/Madam;

RE: COMPLAINT AGAINST UNPROFESSIONAL CONDUCT OF THE DPC KIRYANDONGO DISTRICT FOR AIDING AND ABETTING LAND GRABBING IN NYAMUTENDE KITWARA PARISH KIRYANDONGO DISTRICT AND CARRYING OUT ILLEGAL ARRESTS AND DETENTION OF INNOCENT RESIDENTS/ BIBANJA OWNERS FOR PROTESTING AGAINST THE ILLEGAL EVICTION FROM THEIR LAND.

We act for and behalf of the Lawful and bonafide occupants of Land described as LRV MAS 2 FOLIO 8 BLOCK 8 PLOT 22 (FORMERLY KNOWN AS RANCH 22).

Our Clients are residents of Nyamutende Village, Kitwara Parish in Kiryandongo District where they have lived for more than 30 years and sometime in 2017, they applied for a lease of the said Land to Kiryandongo District Land Board through the Directorate of Land Matters State House.

As they were still awaiting their Application to be processed, they were shocked to establish that the said land had been instead leased to and registered in the names of Isingoma Julius, Mwesige Simon, John Musokota William, Tumusiime Gerald, Wabwire Messener Gabriel, Ocema Richard and Wilson Shikhama, some of whom were not known to the Complainants. A copy of the Search is attached hereto

Our clients protested the above action and appealed to relevant offices, but were shocked to discover that the above persons had gone ahead and sold the same to a one Maseruka Robert.

Aggrieved by these actions, the Complainants appealed to the RDC who advised them to institute proceedings against the said persons, and assigned them a one Mbabazi Samuel to assist them to that effect. The said Mbabazi accordingly filed Civil Suit Noa 46 of 2019 against tne said registered proprietors at Masindi High Court challenging the illegal and fraudulent registration, sale and transfer of the subject land to Maseruka Robert.

While awaiting the progress of the case mentioned hereinabove, the Complainants were surprised to find that the said Mbabazi, instead of assisting them, he went into a consent settling the said suit on their behalf without their knowledge or consent. A copy of the Consent is attached hereto.

Among the terms of the said consent Judgment was that the residents would be compensated without specifying how much and would in return vacate the Land.

As if that was not enough, Maseruka Robert and Mbabazi Samuel are going ahead to execute the said Consent Judgment by forcefully evicting the occupants without compensation which has prompted the complainants to challenge the said Consent by applying for its review and setting aside at Masindi High Court which is coming up for hearing on the 29th March 2023. A copy of the Application is attached hereto.

Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on the date it was fixed for hearing (6th February 2023). A copy of the Application is attached hereto

On Thursday last week, three tractors being operated by 6 workers of a one Mbabazi Samuel [the very person who had been entrusted to represent our Clients to secure their Land through Civil Suit No.46 of 2019] encroached close to 50 acres of our Clients’ land and started ploughing it but our Client’s protested and chased them away.

We have however been shocked to receive information from our Clients that on Sunday at Mid night, 3 police patrols invaded the community in the night and arrested community members; Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanunu Innocent, Mukombozi Frank, Kuzara, Rwamunyankole Enock, and took them to Kiryandongo Police Station where they are currently detained.

We strongly protest the illegal arrests and detention of our Clients as this is a carefully orchestrated land grabbing scheme by Maseruka Robert and Mbabazi Samuel who are  receiving support from the DPC Kiryandongo.

The purpose of this Letter therefore is to request your good office to investigate the misconduct, abuse of office and unprofessionalism of the said DPC Kiryandongo District and all his involvement in the land grabbing schemes on land formerly known as Ranch 22.

Looking forward to your urgent intervention,

C.C The Head Police Land Protection Unit Police Head Quarters Naguru

CC The RDC Kiryandongo District

CC The Chairman LCVKityadongo District

CC The Regional Police CommanderAlbertine Region

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WITNESS RADIO MILESTONES

The Executive Director of Witness Radio Uganda talks about the role played by Witness Radio in protecting communities affected by large-scale agribusinesses in Kiryandongo district in an interview with the ILC.

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WITNESS RADIO MILESTONES

Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards.

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By Witness Radio Team

Uganda’s leading land and environmental rights watchdog, Witness Radio has been awarded the best CSO land rights defender award 2022 in the recently concluded National Land Forum Awards held last week at Mestil hotel in Kampala.

Witness Radio’s executive Director, Jeff Wokulira Ssebaggala attributed the award to the community land and environmental rights defenders who stand up against the intimidation and different forms of harassment from land grabbers (economically powerful and politically connected companies and individual investors).

“This is an award for defenders at a community level. They work in very deadly environments filled with harassment, torture, death threats, arrest, trumped-up charges, and kidnaps among others to advocate for community land and environment rights. This is happening at a spate where criminalization and silencing of  community land rights defenders are at increase.” Jeff added.

The award has come at a time when hundreds of Ugandans in different parts of the country are accessing services provided by the organization ranging from legal service provisions, non-judicial mechanism engagements, empowerment to help them understand their rights, and using the same knowledge to use the same skills to push back against illegal and forced evictions

The chairman of the organizing committee of the second National Land Forum, Mr. Jimmy Ochom noted some progress on legislation in Uganda’s land Governance. He cited growing inequalities on land where the poor are more vulnerable.

During awards, the state minister for housing, Hon persis Namuganza revealed that the government approved the plan for 2018-2040 that maps the land use in the country.

According to the minister, the government had identified land for settlement, game reserves, wildlife, arable land for farming, and water bodies among others in the plan which she said was passed a few weeks ago.

The event was organized by Oxfam and partners and provided a platform for discussions by the different actors in the land sector on issues around land governance, including land rights, land administration, and land governance for improved collaboration, cooperation between the actors, and improved land service delivery for Ugandans under a theme “Taking stock of the National Land Policy in addressing Land inequality in addressing Land inequality in Uganda.”

Other categories of awards that were won by different organizations and individuals including Mr. Eddie Nsamba-Gayiiya for his contribution to research on land rights, Justice Centers Uganda for Promoting Access to Land Justice, and Mr. Henry Harrison Irumba for Championing Legal Reforms among others.

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