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The CSOs’ Appeal to hear the EACOP case on merit is a crucial development, with the ruling now awaited.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has heard an appeal filed by four civil society organizations (CSOs) challenging the dismissal of their case against the East African Crude Oil Pipeline (EACOP).

The appeal, filed by four civil society organizations (CSOs), seeks to reconsider the case on its merits after the First Instance Division of the EACJ dismissed it in November 2023 on procedural grounds.

The case was before Justice Nestor Kayobera, Justice Kathurima M’Inoti, Justice Anita Mugeni, Justice Barishaki Bonny Cheborion, and Justice Omar Othman Makungu.

The East African CSOs, Center for Food and Adequate Living Rights (CEFROHT), Africa Institute for Energy Governance (AFIEGO), Natural Justice (NJ), and Centre for Strategic Litigation (CSL), argued that the lawsuit was dismissed unfairly and that the First Instance Court had improperly evaluated the evidence before making its ruling.

According to CSOs, the EACOP project, if implemented, could lead to significant environmental damage, endangering local livelihoods, water supplies, and biodiversity. This includes potential oil spills, disruption of ecosystems, and contamination of water sources. They further assert that TotalEnergies, China National Offshore Oil Corporation (CNOOC), and the governments of Tanzania and Uganda failed to provide a sufficient risk assessment for the project and to adhere to international human rights norms.

The EACOP project is a significant pipeline initiative spanning over 1,400 kilometers, designed to transport crude oil from Uganda’s Lake Albert region to the Tanzanian port of Tanga. The project is a joint venture of TotalEnergies and China National Offshore Oil Corporation (CNOOC) in partnership with the governments of Uganda and Tanzania.

During the appeal hearing in Kigali, Rwanda, the CSOs’ lawyers, known for their expertise, presented robust arguments against the First Instance Court’s dismissal of the case.

Counsel David Kabanda, one of the CSOs’ lawyers, argued that the First Instance Court had overstepped its role by evaluating evidence when considering the preliminary objection raised by the Tanzanian government, which claimed the case was time-barred. He emphasized that determining a preliminary objection should not require examining evidence.

The CSOs’ legal team also emphasized that the case had been filed promptly under the EAC Treaty, a key legal instrument that allows individuals in East African countries to challenge unlawful acts within two months of their enactment or upon gaining knowledge of such acts.

They also urged that the court should have examined other, non-time-barred portions of the case if a portion of it was dismissed on time-barred grounds.

The CSOs also raised the First Instance Court’s ruling to award costs to the Tanzanian and Ugandan governments and the East African Community Secretary General (EAC). They contended that a decision like this may deter future public interest lawsuits, particularly those involving human rights and the environment, as it could set a precedent of penalizing those who advocate for public welfare.

Lawyer Rugemeleza Nshala cautioned that charging in public interest cases, particularly those involving the environment and human rights, could have a “chilling effect” on those seeking justice. “The case that was filed affects the people, and this is why we have all these people in court today,” he said.

After hearing arguments from both sides, including legal representatives for Uganda, Tanzania, and the EAC Secretary General, the appellate judges reserved their ruling, stating that it would be delivered “on notice.”

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Rwot Acana, UPDF clash over evictions from govt ranches

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The Acholi Paramount Chief, Rwot David Onen Acana II, has accused the Uganda People’s Defence Forces (UPDF) soldiers of using excessive force during the eviction of his subjects from disputed land in Acholi and Aswa ranches in Angagura Sub-County, Pader District.

Rwot Acana, who visited the area on July 25, accused soldiers involved in the eviction of using unnecessary violence, beating locals and firing gunshots into the air. The eviction began last Monday in the villages of Juba, Gogwiri, Pabit, Aringobot, and Bira. The army aimed to remove about 700 households accused of illegally occupying the ranch land.

At a meeting held at Corner Ranch, Rwot Acana called on the UPDF to halt the ongoing eviction, urging authorities to first remove the Balalo pastoralists off land they occupy as per the Presidential Executive Order II of June 2025.

“Help us get the Balalo out of the region first. That is the priority according to the presidential directive,” he stated. The paramount chief said the security agencies ensured the pastoralists’ cattle were removed from the sub-region as part of enforcing the order. “First, remove the cattle from Acholi, then address land demarcation and acquisition issues. Understand the acquisition process and the parties involved,” he added.

Rwot Acana also accused the Pader Resident District Commissioner (RDC) and the UPDF of acting under “wrong orders fuelled by negative energy,” causing fear among his people. “The UPDF beat my subjects and fired gunshots. This is uncalled for,” he said. Local leaders in Angagura Sub-county reported theft of property, livestock, and foodstuffs during the eviction.

Mr Freddy Stephen Okello, Angagura Sub-County Chairperson and head of the sub-county security committee, alleged that soldiers stole food and chickens from residents. “Bullets were fired in the air, and food and chickens were stolen. This has created fear in the community. We later met with the 5th Infantry Division Commander and Dr Kenneth Omona, State minister for Northern Uganda Rehabilitation, to request a halt to the eviction,” he said.

The affected families reportedly settled on the land in 2011 following the end of hostilities in northern Uganda. Rwot Acana described the eviction as chaotic and harsh: “Beating my subjects, stealing their crops, destroying their homes, and forcing them to sleep outdoors in the cold is cruel. It brings back memories of the two-decade-long LRA war.” He warned that such actions would not be tolerated if repeated.

Rwot Acana interacts with residents who were evicted from ranches in Angagura Sub-county, Pader District on July 25, 2025. PHOTO/JAMES OWICH

The communities appealed to the government to allow them to harvest crops before leaving. However, the UPDF dismissed the allegations of violence as attempts to sabotage their operation.

Capt Edrin Mawanda, the public information officer for 5th Division, told our reporter on Sunday that accusations against the army were false and meant to frustrate efforts to do their lawful duties. He insisted that no soldiers committed any abuses and praised the professionalism of the troops.

 “The operation is proceeding smoothly. No one was injured as alleged. Misleading the public is dangerous. We urge politicians and leaders to be patient,” he said.

Capt Mawanda stated that the eviction would continue unless officially ordered to stop.

“Our men are committed to implementing the President’s directives fully. There is a lot of blackmail against the uniformed forces by politicians trying to disrupt our efforts. But no one will derail us. We will only stop if higher authority instructs,” he added. He also noted that while the troops are not well-equipped, they have received adequate briefings and support, including food supplies.

Source: Monitor

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The Court nullifies the Lake Katwe Surface Rights formerly granted to the Chinese-Ugandan Consortium due to a violation of community rights.

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By Witness Radio team.

The High Court of Uganda at Fort Portal has overturned the grant of surface rights over Lake Katwe to Rwenzori Shining Star Limited, a salt mining company affiliated with a Chinese-Ugandan multi-million-dollar venture, Witness Radio has learned.

The Court’s decision is a testament to the power of collective action. It follows a case filed in the High Court of Fort Portal by the Tweraneho Listeners Club and 10 other applicants, representing over 6,000 people from Katwe Kabatoro town council, whose livelihoods depend on Lake Katwe. The applicants bravely challenged the illegal giveaway of Lake Katwe to an investor by the Town Council of Katwe Kabatoro.

The company, Rwenzori Shining Star Limited, is a multimillion-dollar investment in a Chinese-Uganda Consortium. According to the company documents, the company’s board Chairman is Captain Mike Mukula, who serves in one of Uganda’s top political positions.

In September 2020, Rwenzori Shining Star Ltd applied to the Katwe Kabatoro Town Council for surface rights over Lake Katwe to set up a salt mining project.

In less than three months, the town council granted the surface rights to the company without consulting the local miners or project-affected persons, a decision that led to adverse effects, including forced evictions, which altered the lives of many families and their livelihoods.

Under Miscellaneous Cause No. 007 of 2021, the applicants, who included those evicted from their workplaces, among others, claimed that the giveaway was made without consultation, thereby violating their constitutional rights.

In a court proceeding on July 14, 2025, presided over by Hon Justice Vicent Emmy Mugabo, it was made clear that both Katwe Kabatoro Town Council and the local government had no legal authority to grant surface rights.

In addition to not having the authority to grant surface rights, the honorable court also revealed that the actions of the surface rights giveaway violated the rights of the local communities.

“The applicants claim that the 1st respondent’s (Katwe Kabatoro) act of granting lake Katwe surface rights to 2nd Respondent (Rwenzori Shining Star Ltd) without consulting the local people and direct beneficiaries of the lake is inconsistent with and violates their rights.” The Court ruling, which Witness Radio obtained a copy of, reads.

The court’s decision not only nullified the surface rights but also issued a permanent injunction, providing a sense of security to the community. This injunction restrains Rwenzori Shining Star Limited, its agents, and any other persons from interfering with the ongoing activities of community members currently using the lake.

Mr. Simon Amanyire, the Executive Director of Twerwanko Listener’s Club, a Non-Governmental Organization that supports the affected victims, welcomed the significant milestone and the duo’s respect for the court ruling.

“TLC welcomes the decision of the high court and hopes the company will respect court decisions.” The Director wrote to Witness Radio’s team.

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20 witness to testify against ex-land registration commissioner Mugaino

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Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The Inspectorate of Government (IG) says about 20 witnesses are expected to testify against former Commissioner for Land Registration Baker Mugaino.

Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The cancelled titles belong to Tropical Bank, Namayiba Park Hotel and businessman Gerald Akugizibwe.

The titles are for land comprising Kibuga Block 12 plots 658, 659, and 665 in Kisenyi; Kibuga Block 4 plot 152 in Namirembe, and Kyadondo Block 244 plot 2506 in Kisugu, Kampala district.

In a statement released on July 23, 2025, IG says the 20 complaints including Tropical Bank officials have recorded witness statements and are ready to give evidence against Mugaino in court.

The statement was released following an article published in the Independent Magazine titled, “IGG abusing her office”.

The IG said the article contains unfounded allegations against the person of the Inspector General of Government (IGG), Beti Kamya Turwomwe, questioning her decision to interdict, investigate and later prosecute Mugaino.

According to the IG, it is standard procedure for the IGG to issue orders to interdict a public officer if they have cause to believe that the officer might interfere with investigations.

The IG says the authority is derived from Article 230(2) of the Constitution of the Republic of Uganda and Section 13(6) of the Inspectorate of Government Act.

The IG states that the matter of Mugaino’s conduct while performing official duty is before court and, therefore, cannot be discussed in the public because it offends the sub judice law.

The IGG over the past four years has interdicted over 150 public officers, including six senior officers in the Office of the Prime Minister and many chief administrative officers.

Complaints

According to the statement, between December 2024 and April 2025, the IGG received 22 complaints against Mugaino alleging cancellation of certificates of title without following prescribed procedures under the law, removal of caveats without giving prescribed notices, double titling, issuing of special certificates of title while original ones exist, leading to multiple titling, cancellation of certificates of titles for disputes that would essentially be handled by courts with the intention of defeating Justice.

IG states that preliminary investigations found merit in the allegations and the IGG decided to launch a full-scale investigation in the office of the commissioner land registration.

Allegations

Prosecution alleges that between April 8 and 20 this year, Mugaino, while employed in the public service as commissioner of land registration, lands ministry in Kampala, abused his authority by arbitrarily performing acts prejudicial to his employer’s interests – the Government of Uganda, Tropical Bank Ltd, Akugizibwe and Namayiba Park Hotel.

He is accused of irregularly cancelling certificates of title his office had issued to Tropical Bank, Akugizibwe, and Namayiba Park Hotel.

The prosecution also alleges that Mugaino neglected his duties as stipulated in Section 88 of the Land Act and his schedule of duties as commissioner land registration, in April this year when handling a complaint about the land in question.

Background

Court documents indicate that on February 28, 2007, Businessman Mousa Lutwama Kizito obtained a credit facility of shillings 400 million from Tropical Bank using collateral constituting land at Kisugu in Kampala.

The documents further state that on August 18, 2007, Lweza Clays Ltd also obtained a credit facility from Tropical Bank using collateral consisting of land comprising Namirembe and Kisugu in Kampala and Lweza in Wakiso district.

Accordingly, Tropical Bank on September 25, 2007 registered the mortgages on the certificate of title.

However, Kizito and Lweza Clays defaulted on their loan repayments, prompting the bank to advertise the mortgaged properties after winning a court case.

Consequently, the bank on October 10, 2022, sold the mortgaged property at Namirembe to Akugizibwe for shillings 415 million. The bank also sold property at Kisenyi to Namayiba Park Hotel for shillings two billion.

The bank wrote to the Registrar High Court requesting the return of the mortgaged certificates of titles and bank guarantee as per the court order issued by Justice Stephen Mubiru.

The bank applied to the Commissioner Land Registration, requesting for special certificates of title upon failure to retrieve the mortgaged copies from the Registrar High Court (Commercial Division).

In a petition dated April 8, 2025, MBS Advocates, acting on behalf of Kizito and Luweza, requested the commissioner land registration to cancel the certificates of title for the land in question and Mugaino allegedly illegally removed court orders and caveats that had been lodged on the certificates of title, without any other orders from court.

Original Source: New Vision

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