KAMPALA: The land acquisition process for the establishment of Mandela National Stadium, Namboole was marred by fraud, witnesses have today told the Commission of inquiry into Land matters.
They said that instead of compensating tentants for their properties, the government has turned around to declare them encroachers on the property.
Former Kira Municipality Mamerito Mugerwa, one of the affected persons, told the Commission that those who were in charge of the land acquisition process were not transparent in their dealings with bonafide land owners who owned properties in Namboole area. He said officials from Uganda Land Commission and the Ministry of Lands wanted residents to surrender their land titles without compensation.
Mugwerwa said officials from Uganda Land Commission who spearheaded the process coerced or tricked residents to surrender their land titles before adequate compensation had been paid.
This, he said, set in motion a vicious cycle of tension which culminated into several legal suits against the government and the Uganda Land Commission.
According to Mugerwa, some of the suits are still in court, more than 30 years since the development of the National Stadium started. He said as a victim himself, he was paid a paltry 1.3 million Shillings for an undisclosed part of his property located on block Block 234 plot 264 on which his Hotel sits today. He has contested the matter in court seeking more compensation.
According to Mamerito, he refused to sign transfer forms for the said property when Uganda Land Commission wanted to prematurely pick his land title from him, like it did to other residents.
Mugerwa appeared before the commission on Monday afternoon to describe for commissioners the process of land acquisition in the country. He said Management of Namboole National Stadium has since turned around to brand him and others encroachers on to the National Stadium land for which they were never compensated adequately.
He told the Commission that he is willing to surrender the property to the government if his interests are met through addition of more money.
Norah Nabagesera, 80, another aggrieved witness who appeared before the commission said that officials of the Uganda Land Commission ended up pocketing the bulk of her compensation money for her husband’s property measuring 14 acres, 400 decimals located on plot 263 in 1989 when the process for the acquisition of land for building the stadium begun. She accuses Uganda Land Commission of retaining most of her compensation money for that family property.
According to Nabagesera, she is still demanding compensation for another 16 acres of land on plot 249 on which the Namboole Police station and the Market as well as the stadium sits. She says her family owned the land customarily as a Mailo Land, following the death of her husband Crespo Kitaka as the administrator of the Estate.
She told the Commission that she dragged Uganda Land Commission to court after realizing that her land was no longer a Mailo land but a freehold registered in the names of Uganda Land Commission in 2017.
Her lawyer Erick Muhwezi says Nabagesera secured a court decree cancelling the titles of Uganda Land Commission after establishing that the Commission acquired the property fraudulently.
According to the High Court Decree dated August 22, 2017, Justice Godfrey Namundi ordered the registrar of titles to cancel interests of Uganda Land Commission on the land and reinstate Nabagesera and her family.
The Commission has since written to Court to set aside the ruling for it to prove its interests in the matter.
The Land Commission of Inquiry chaired by Lady Justice Catherine Bamugemeriere says amongst others, it is interested in uncovering the mysteries behind government land acquisition process.
On Tuesday, the commission will continue to listen to testimonies from former Mayor of Kira Municipality Mamerito Mugerwa.
Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.
Professional Standards Unit, Uganda Police-Kampala.
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
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.
Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards.
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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