The border hills of Uganda and Rwanda

 

Rwandans use soils from the Ugandan side as fertilisers for their gardens

Rwandan farmers are stealing Uganda's fertile soils to use as manure in their gardens, Rubanda district chairperson Kenneth Jogo Biryabarema has said. 

Biryabarema said the Rwandans are stealing fertile soils from Echuya forest reserve, in southwestern Uganda. The reserve, ranked Uganda's most important forest habitat due to the rarity of its flora and fauna, stretches from Rubanda to Kisoro districts near the Rwandan border and runs between Lake Bunyonyi and Mgahinga Gorilla national park.

It is home to more than 150 species of birds, eighteen of which are endemic to the reserve, including the Grauer's swamp warbler, the world's highly endangered bird.

But the future of the forest is threatened by human activity according to Biryabarema. He says that for a long time now, Rwandans have been crossing into Echuya, mining fertile loam soils which they take to use as fertilizers and manure in their gardens back home. 

He says that in the process, they dig trenches that are left open and endanger the lives of wild animals, in the forest.

Biryabarema says that the forest has also been ravaged by National Forestry Authority (NFA) staff, who were deployed to protect it but instead, put up gardens in the forest and failed to guard it against afforestation and soil mining by Rwandans. 

"There is a forest called natural Echuya forest reserve and it is in the hands of NFA and that forest has been ravaged by NFA staff because cut trees, they have gardens in that forest reserve and they raise animals in that forest. [Rwandans] who are near that forest come and carry fertile soils and take to their gardens as manure which is practically endangering the flora and fauna of that area. So we partnered with Kisoro local government and we agreed that that area should be upgraded from a level of a forest reserve to a national park because it is good for bird viewing. There are very many birds in that area." he said. 

Biryabarema told URN that Rubanda and Kisoro district officials agreed to lobby for the upgrading of the forest to a national park as well as transfer its protection from NFA to Uganda Wildlife Authority (UWA). 

"We feel it can be better protected by UWA when turned into a national park. The government can generate some money from tourists and as a district, we get some money through revenue sharing."

He added that although there are very many bird species in that area, the government is not collecting any money from people who visit it for birding activities. "It is generally the tour operators who benefit by bringing tourists for bird viewing," Biryabarema said.

Biryabarema argued that the district has no manpower to protect the forest stretch along the Rwanda border. The Rwanda side of the forest, he explained, was completely cut down and turned into gardens while that of Uganda is still protected. 

Biryabarema added that they have convened meetings with local leaders from Rwanda to address the issue. He said that with the election of the lower level - local council leaders, surveillance will be increased on the Rwanda border. 

"Being a big forest, they easily access because the side of Rwanda was completely cut down and they have families and homes along whereas the one of Ugandan side is still protected. So they easily access, they sneak in into the Ugandan side and carry Ugandan soils into their gardens. They don’t buy manure but they use it in their gardens as manure. We have been trying to have some cross-border meetings with the people in Rwanda, the governors and their local leadership to ensure that we protect our forests because we want to ensure that we need it and still love it and need to protect it for our future generations.
 
Biryabarema further said the district is facing a challenge of wild animals that destroy residents' gardens. He says that people who have had their gardens destroyed by wild animals have not been compensated for a long time, prompting them to start killing wild animals in revenge because of anger. 

 He added that Rubanda local government leaders proposed to Uganda Wild Life Authority to create buffer separating the part from residents' gardens but received no response.

Mr Evarist Mugagga 

On October 30, 2017, The Observer carried a story titled “Lawyer reignites Mengo land, political questions”, and another similar story appeared in the New Vision of October 29 titled “Return of Buganda Land Illegal”.

These articles allude to the opinions of senior lawyer Sam Mayanja of Kampala Associated Advocates who has variously pursued a very desperate line of abhorrence towards Buganda.

It is intimated in those articles that Mayanja submitted his opinionated memorandum to the Justice Catherine Bamugemereire-led commission of inquiry into land matters. This is precisely within his right as a respected lawyer.

However, his exercise of this ‘right’ and his consistent dislike for Buganda result into poisoned chalices of venom disguised as ‘distinguished opinions’.

In the mentioned memorandum, Mayanja imputes several points of law, some being misconceived and others bearing the attire of law but inherently inconsistent with developing society.

For instance, he harangues that “...it was an error for the registrar general to register a private entity in the name of Buganda Land Board which clearly confused the public with the name of the Buganda Land Board [that] existed under the 1962 independence Constitution…”

Mayanja only fell short of pointing out which public was confused or confuses the new Buganda Land Board with that of 1962.

Indeed, many of us who have sought regularization of land interests from Buganda Land Board have not, either by mistake or perception, conceived the idea that we are dealing with the 1962 board – some have, indeed, been advised by lawyers in the process.

Mr Mayanja should know that Buganda Land Board is not a registered proprietor on any land vested in the Kabaka of Buganda.

The counsel has sullenly laboured to appreciate why the Kabaka should have land vested in him, either as official estate or privately.

Article 246(3) of the Constitution states: The following provisions shall apply in relation to traditional leaders or cultural leaders: (a) the institution of traditional leader or a cultural leader shall be a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned; (b) nothing in paragraph (a) shall be taken to prohibit a traditional leader or cultural leader from holding any asset or property acquired in a personal capacity.

Clearly, unless the much-famed element of reading among lawyers has eluded the senior lawyer, there is no bar to owning property and assets. Once this constitutional provision is clear, then Mr Mayanja and others like him ought to read the other laws that prescribe how land can be owned.

Counsel Mayanja further questions the constitutionality of the Traditional Rulers (Restitution of Assets and Properties) Act of 1993 on grounds that there was neither a provincial administration, nor a federal administration at Mengo. Granted!

But clause (1) of Article 246 provides: subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies.

Mayanja ignores that whereas this doesn’t convey administrative or federal status to Buganda kingdom, it restores a kingdom.

The next question should then be, between the constitutionally-restored kingdom and the district land board, which entity qualifies to have, vested under it, the official estates of the former provincial or federal Buganda?

Shouldn’t counsel also read Article 274 about existing law which provides, in clause (1): Subject to the provisions of this article, the operation of the existing law after the coming into force of this Constitution shall not be affected by the coming into force of this Constitution but the existing law shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.  

Lastly, Mayanja seems to question the agreement between President Museveni and Kabaka Ronald Mutebi II in 2013.

Section 5 of the Traditional Rulers (Restitution of Assets and Properties) Act clearly envisages, for Buganda, negotiations for the return of the remaining assets and properties. Mayanja needs to appreciate the spirit in which the 2013 agreement was made.

He ought to appreciate the extent of the powers of the president in articles 98 (1) and 99 (1).

Secondly, Mayanja should appreciate that the law works in the interest of the people, who are inherently a progressive society. It, therefore, cannot sustain an ideal of only two sides – like a coin – of either legality or illegality. And, indeed, such kind of lawyering is fast aging out.

It is a justifiable argument that our land laws need progressive improvement. It cannot, however, be on the instigation of the passing generation.

There has been a lot of talk on how unfair and crude the colonial mode of apportionment of rights and ownership of land was implemented, but this ultimately was the walk of most societies.

Formation of states and societies and in almost all dependent societies mutated out of complex discussions; an attempt to rewrite history only takes societies back into conflict and chaos.

mgaga.evarist@gmail.com

The author is a concerned citizen and a law student.

Prominent lawyer Sam Mayanja has submitted a thought-provoking analysis of mailo land to the commission of inquiry into land matters.

A renowned lawyer for President Museveni and the NRM, he questions the legality of the Buganda kingdom establishment, through the Buganda Land Board, to own the 350 square miles and recommends that the Traditional Rulers (Restitution of Assets and Properties) Act 1993 should be amended to bring it in line with the Constitution, writes DERRICK KIYONGA.

The Justice Catherine Bamugemereire-led seven-member committee started work in May and has investigated land issues countrywide, meeting several people as it seeks to find a solution to the land-related challenges in the country.

President Museveni instituted the committee to probe land wrangles and it is expected to table a comprehensive report to provide solutions.

It is under this context that Mayanja, a senior partner at Kampala Associated Advocates (KAA), sought to help the commission understand the land problem from a historical perspective. He was aided by fellow lawyer Catherine Nansubuga in writing the submissions.

In the preamble, a copy of which The Observer has obtained, Mayanja says the gist of his submission concerns the mailo land tenure system, which is predominantly in Buganda premised on the 1900 Buganda Agreement.

He also cites the laws surrounding land administration and regulation of the mailo land tenure.

When reached for a comment on Friday, Mayanja confirmed authoring the submission. “My goal is to put the truth straight and help everyone concerned to bring their actions in line with the law,” he said.

But first, Mayanja tackles the Traditional Rulers (Restitution of Assets and Properties) Act. He notes that the act is inconsistent with the Constitution and, therefore, is liable to be challenged in the Constitutional court unless it is amended.

Mayanja seems to allude to the fact that the act was instituted in 1993, two years before the current Constitution was promulgated, something he says casts doubt on its constitutionality.

The Act is crucial when it comes to cultural institutions because it had an effect of restoring traditional assets and properties confiscated by state when Milton Obote abolished kingdoms on September, 17, 1967.

The kingdoms that Obote abolished following the abrogation of the 1962 constitution were Buganda, Ankole, Bunyoro, Tooro and Busoga. 

FEDERAL STATE

Mayanja says among the assets restored following the institution of the Traditional Rulers Act is Kabaka’s official 350 square miles of land. He notes that this was the land which was owned by Buganda as a province [federal state] under the 1962 constitution.

At the time of the institution of the Traditional Rulers Act, Mayanja says, there was neither the provincial, administration nor kingdom of Buganda Federo administration under which the official mailo could be restored.

“These 350 square miles of official mailo are constitutionally under the administration of the district land boards; so is the Namasole’s (Kabaka’s mother) 10 square miles and the seven square miles encompassing Bannalinya’s (Kabaka’s sisters) land,” he asks.   

Mayanja further notes that government recently returned official mailo titles to the Buganda Land Board (BLB), the entity that is in charge of managing Kabaka’s land.

Poverty on the land of the Kingdom of Buganda.

However, he says, those titles are officially supposed to be for the ‘Ssazas’ (counties) and ‘Gombololas’  (sub-counties). Mayanja seems to be referring to over 295 land titles that the central government has handed over to Buganda kingdom since 2015.

The move was in fulfillment of the memorandum of understanding government inked with Mengo in 2013. But Mayanja pokes holes in the move, saying the return had no legal instrument and in any case he says government cannot legally give away public land to a private entity in the name of BLB.

“Indeed it was an error for the Registrar General to register private entity in the name of Buganda Land Board which clearly confused the public with the name of Buganda Land Board which existed under the 1962 independence constitution,” Mayanja says.

“Under the 1962 constitution, the Buganda Land Board was a constitutional body, however, the current Buganda Land Board is a private company and corporation solely owned by the Kabaka who is Ronald Muwenda Mutebi.”
 
BUSUULU AND ENVUJJO LAW

In the 25-page document, Mayanja takes aim that the Busuulu and Envujjo law which he accuses of having a lot of ‘archaic provisions’ and, accordingly, he says that it should be modernized and overhauled without tampering with the security of tenure which the law has accorded to Bibanja holders.    

For instance, he cites Section 11 of the Buganda Busuulu and Envujjo Law of 1928, which provided  that: “No tenant may be evicted by the mailo owner from his kibanja save for public purpose or for other good and sufficient cause unless a court having jurisdiction shall have tried the case and made the order of eviction.”

The same law also provided that: “while a tenant is still prosecuting his appeal, or until the time for appeal has expired, he shall remain in undisturbed possession of his kibanja until such time as the order of eviction shall have been received from the final Court of Appeal.”

This law, according to legal analysts, was a principal foundation of the current Land Act of 1998 and the subsequent 2010 amendments therein.

Empty Land in Buganda awaiting speculative acquisation by rich landlords. 

Interestingly, Mayanja says that the Land Act of 1998 defines a kibanja holder as one who came to the land as result of the repealed Busuulu and Envujjo law yet under the 1995 Constitution, which he says reinstated the private mailo tenure, there was no law repealing the Busuulu and Envujjo law.

“Busuulu and Envujjo payment should be abolished and leasehold should only be extended by either the land commission or district land boards,” Mayanja opines. “This is to enable those with leaseholds to be protected by the provisions outlined in the guidelines on the on the administration of land under the Land Act.”

He further argues that procedures should be enacted where a kibanja holder should be allowed to convert to either freehold or mailo.  

Mayanja also delves into the utilization of land. Under the mailo system, Mayanja says only the kibanja holder was required to utilize land for economic purposes. When Asians were introduced in to Uganda’s system, Mayanja says, they were accorded land under the lease system and all leases carried developmental conditions.

“These conditions transformed the economy of Buganda and Uganda into a leading producer of coffee, cotton, tea and sugar, among other cash crops,” he says. “Kibanja holders used the land to build their homesteads and carry out economic activities.”  

This requirement of a kibanja holder to develop the kibanja and the Asian to conform to conditions imposed in their leasehold offers, Mayanja says, was the basis of agricultural development in Uganda and gave encouragement to Asian leaseholders to start building the towns and municipalities.

On the other hand, Mayanja says, the mailo owners simply collected rent and subdivided their mailo land for sale.

“It is surprising that from 1900 to date, no single development project was set up on the hundreds of official mailos,” Mayanja argues.

“No single coffee, tea or sugar estate is said to have been put up on any of the official mailo by whatever entity which owned that land; be it Kabaka’s, Namasole, Gombolola, Ssaza or other official mailo by whatever ownership named .”  

In conclusion, Mayanja advises that there is need to revisit the whole concept of mailo land. 

“Aside from creating a privileged class of landowners whose consideration was loyalty towards and collaboration with the colonial masters to keep law and order, among other things, it provided no development incentives whatsoever,” he says.

“There is still need to inquire into and modernize some of the laws on mailo ownership. In a phone interview, Noah Kiyimba, Buganda kingdom’s spokesperson, refused to comment, saying that he is yet to read Mayanja’s submissions. 
    
dkiyonga@observer.ug

Nb 

Considering the records of this government over the period of 30 years rule it has been in power, not much has been done to improve the land problems. If this same NRM government was ruling the same during the Anglo-Buganda protectorate Agreement period of 1890 to 1962, that is 72 years ago, there would be real chaos between the African rich and the African poor in the whole of the country of Uganda. 

On Wednesday, the commission of inquiry into land matters heard a startling testimony from Anna Kyohaire, whom residents in Mubende accuse of grabbing their 10 square miles of land with her husband, a Chinese national Martin Chang, through their company called Quality Parts Uganda Limited.

She denied allegations during cross-examination led by lead counsel Ebert Byenkya assisted by John Bosco Suuza. ALI TWAHA captured the proceedings.

Byenkya: Please state your full names for the record?
Kyohaire: My name is Anna Kyohaire.
Byenkya: How old are you?
Kyohaire: I’m 47 years. 
Byenkya: Where do you live?
Kyohaire: I stay in Najjanankumbi.
Byenkya: What do you do for a living?
Kyohaire: I’m a businesswoman.
Byenkya: What sort of business do you do?
Kyohaire: I sell spare parts of motorcycles.

Byenkya: And do you do that in your individual capacity?
Kyohaire: I do it with Quality Parts Uganda Limited. 
Byenkya: Who owns Quality Parts apart from yourself?
Kyohaire: It has two directors; one is myself and Chang, my husband. 
Byenkya: The name does not seem to be Ugandan. What is the citizenship of your husband?
Kyohaire: He comes from Taiwan [China].
Byenkya: When was Quality Parts incorporated?
Kyohaire: In 2000. 
Byenkya: Tell us who the shareholders are?
Kyohaire: My lord, I and my husband are the shareholders.

Byenkya: Can you tell us what the share capital of this company is?
Kyohaire: I have 55 per cent and my husband owns the rest. 
Byenkya: So this company called Quality Parts seems to be a company that was set up to do business in spare parts. 
Kyohaire: Yes, my lord.
Byenkya: Do you have a copy of the memorandum or articles of association. I didn’t see that in the copies that you gave us?
Kyohaire: I have the certificate of incorporation; I can always bring the memorandum next time.
Byenkya: What other business does this company do apart from spare parts?
Kyohaire: Planting trees, my lord. 
Byenkya: And where does it plant those trees?
Kyohaire: In Mubende district.

Byenkya: In which specific areas do you operate?
Kyohaire: In Namayende, Kidicho, Mutoro, Kichocholo, Nakasozi…
Byenkya: Do you own land there?
Kyohaire: Yes, my lord. 
Byenkya: Do you have titles? 
Kyohaire: Yes. 
Byenkya: Can you take us through the specific titles you have there? Give us the block, plot numbers and from whom the titles were obtained?  
Kyohaire: Plot 29 measuring 64.75 hectares. It belongs to Quality Parts Ltd. We bought it from Alexander Ssimbwa.

Byenkya: And when was Quality Parts registered for that title?  
Kyohaire: March 26, 2013. 
Byenkya: Do you have the purchase agreement from Mr Ssimbwa?
Kyohaire: Yes, my lord. I have the copy with me.
Byenkya: Ok let’s do the same thing with all the other titles. 
Kyohaire: There is Plot 25. It has 259 hectares. Quality Parts bought it from Henry Kimera. It was registered March 26, 2013. 
Byenkya: Next.
Kyohaire: There is plot 27. It measures 245 hectares. Quality Parts bought it from David Ssimbwa. Plot 37 measuring 259 hectares. Quality Parts bought it from David Mwenda. There is plot 39, my lord. It has 129.4 hectares bought by Quality Parts from Mwenda.  
Byenkya: And you have the sale agreements?
Kyohaire: Yes, my lord.

Byenkya: Are those all the titles?
Kyohaire: Yes.
Byenkya: I see that in respect of plot 29 Mr Henry Kimera sold the land using powers of attorney from Alexander Ssimbwa. Do you have a copy of the powers of attorney?
Kyohaire: I have it but I did not come with it. 
Byenkya: In respect of plot 25, I see that Henry Kimera sold as the administrator of the estate of Harold Kagolo Kimera. Have you brought the letters administration?
Kyohaire: I will crosscheck, my lord. 
Byenkya: In respect of plot 37, I see that Brian Mugabi Iga is the one who sold as the registered attorney for Mwenda David Ssimbwa. Do you have that power of attorney?
Kyohaire: I have them.

Byenkya: For plot 39, David Mwenda Ssimbwa seems to sell it for himself without the requirement of an attorney. Did he sign for himself?
Kyohaire: It is true, my lord. 
Byenkya: Do you have an explanation why in one agreement he needs an attorney and in another he doesn’t?  
Kyohaire: Where there was a requirement for powers of attorney, Mwenda David was not staying around. He stays in United Kingdom. 
Byenkya: You seem to be the majority shareholder in this company. Is there a managing director?
Kyohaire: I’m the managing director and Martin Chang. 
Byenkya: You cannot be two managing directors. Is there one who has executive powers?
Kyohaire: It is Martin Chang.

Byenkya: The reason why I’m asking is because when an agreement for plot 27 was signed, I see that the purchaser for the company signed in Chinese language. And then I see there is a witness who appears to be Anna Kyohaire.

I’m wondering how you could be the majority shareholder yet when it comes to decisions of purchase and signing, it is the other way round. That the minority shareholder is the one who signs and the majority shareholder is only a witness…

Kyohaire: I think that’s a mistake, my lord. 
Byenkya: Who is the financer of this company?
Kyohaire: There is nobody who funds us.
Byenkya: Who contributed the most capital for this company?
Kyohaire: The money came from the business that we do for spare parts. 
Bamugemereire: And where did the capital for the spare parts business come from?
Kyohaire: Originally my husband had a business in Taiwan. He still has businesses there. 
Byenkya: So, he basically brought the capital to start this company…
Kyohaire: Yes, my lord.

Byenkya: Where you the majority shareholder from its incorporation?
Kyohaire: At the beginning, I’m not sure. But I can crosscheck. 
Byenkya: From when did you start to know that you’re the majority shareholder?
Kyohaire: Around 2009.
Byenkya: Was that the time when you started to buy land?
Kyohaire: No, my lord. 
Byenkya: The reason I’m asking is because you know the kind of land that you hold. It is mailo. Do you and your husband also know that it is illegal for non-Ugandans to hold that land?    
Kyohaire: Yes.

Byenkya: You bought land but I don’t see anything which talks about Bibanja holders on the land..
Kyohaire: My lord, it’s true it’s not there.
Byenkya: When you were buying the land from what we have been hearing from a number of witnesses, that this land had been heavily occupied by people. Some of the testimonies talk of 1,400 people living in a number of villages. And these villages are so established that they have LC 1 and village councils. Were you aware of the presence of these people?
Kyohaire: They were in some parts and others were empty.

Byenkya: Since you knew that they were Bibanja holders on the land, I’m wondering whether you took some legal advice by the time you were entering these agreements…
Kyohaire: We tried to find out, my lord. 
Byenkya: According to the law, any person planning to sell land must offer that land to the people occupying the land first. Did you take trouble to find out whether this requirement had been fulfilled? 
.'To say the truth we told the people but…

Byenkya: I need you to provide that evidence because according to the [law], this offer must be given with detail and clarity. And it must be set out in order for the person to whom the offer is made, to understand the offer and respond. And those people must be given three month. So, I expect you to produce a document where you wrote to each of those occupants and made them that proposal setting out that they can buy and how much they can buy. And even giving them the three months to respond…

Kyohaire: The ones who sold to me told me they worked on it but they did not give me the documents. 
Byenkya: But these are a lot of people. You didn’t ask for it?
Kyohaire: I did not bother to ask. 
Byenkya: And do I think that was in light of the agreement that was saying you are the one to take responsibility?
Kyohaire: My lord, I had the thought to speak to the Bibanja holders.

Byenkya: Let us talk about your methods of negotiations. Let’s talk about Mr Sam Senkinga. Do you know him?
Kyohaire: I have heard of him.
Byenkya: What do you know about him?
Kyohaire: He was a resident on that land.
Byenkya: You have produced some agreements with a number of residents which you have submitted to the commission. Is Senkinga one of them? 
Kyohaire: Yes, my lord.

Byenkya: Let us go to Senkinga’s agreement. You signed an agreement with Senkinga with a company called Quality Parts. Senkinga testified here and I have reason to believe that he is the same person. Because this is what he said when we asked him if he had land in Kichocholo.

He says he had approximately 16 acres of land, of which seven acres was a coffee plantation. He says he had four and a half acres of eucalyptus trees in his testimony. Your agreement [however says] he had 4 acres which is close. He talks of 4.5 acres of bananas. So, do you think we are talking about the same person [Senkinga]?

Kyohaire: You’re right, my lord.
Byenkya: So, is he one of the occupants that you talked to?
Kyohaire: He’s one of them.

Byenkya: Let me give you more details about Senkinga. He is a family man. He has two wives and 13 children. And he was living on that land with his people and all that property that you compensated. So, he says that sometime, in 2015, your company came and you have a manager called Steven and he was approaching people to buy. So, he says the Chinese [Chang], the wife to the Chinese [Anna] and the manager approached me but “I declined to sell.” Do you think they are talking about you there?

Kyohaire: [remains silent for a while, takes a long sigh] yes, my lord.
Byenkya: He said: “Ann offered to buy every acre at Shs 600,000. I told her that I would only sell the entire Kibanja to her at Shs 100 million. Anna said that money would only buy land in Kampala.” And he says your negotiations failed. What do you think of that evidence, is it truthful?
Kyohaire: That is not true, my lord. 
Byenkya: What is not true? That you have never offered to buy his land?
Kyohaire: I have never met him. 
Byenkya: Did you have a manager called Steven?
Kyohaire: Yes, my lord. 
Byenkya: What were his full names?
Kyohaire: Steven Tumwine.

Byenkya: Senkinga says: “after negotiations failed, I was approached by a manager called Steven. He said he had been sent by Anna to survey my Kibanja.” And he thought you were going to pay him the money that he asked for but you surveyed the land and left…Is that also false?
Kyohaire: It’s not true, my lord.

Byenkya: Let me tell you what happened on the March 17, 2016. He was leaving his home heading to Kabando. And he was riding on a Boda Boda. He was stopped by men. He says he knew those men because they were working for your company. He says: “one of them lifted his panga and started cutting me. They cut my left hand, left leg and my head and they left me to die.”

From there he was rescued by passers-by and taken to hospital where he spent about a month. And this is what he says about you Anna: He added: “My father spoke to them urging them to pay my medical bills. They said they didn’t have money. That if I wanted to sort my medical bill, the only way was to receive Shs 16 million for Kibanja. I initially refused as the value for my Kibanja was higher.

The wife of the Chinese said she had Shs 16 million. I eventually accepted to save my life. I was paid at my hospital bed by the Chinese wife’s brother Abel and the manager, Steven Tumwine now deceased…they came with their documents which I signed but they didn’t give me a copy. ” Let’s go back to your agreement, I see someone whom he said for Quality Parts. Can you read that name?  

Kyohaire: Tweranaho Abel. He is my brother.
Byenkya: When I see this agreement, it upholds the story that Sam Senkinga told us. The figures are accurate. The people who participated in making the agreement are the same. And you can see when you look at the signature that he is not a literate person. How did you end up paying Senkinga money if his story was false?
Kyohaire: The father to Senkinga approached the manager and told him he wanted to sell his Kibanja. 
Byenkya: Did they tell you that he was in hospital and a victim of a brutal beating?
Kyohaire: I heard about that. 
Byenkya: Did you know that he was accusing your employees for putting him into that state?
Kyohaire: I heard of it. 
Byenkya: So, how do you go into entering an agreement with a person in such circumstances?

Kyohaire: The relatives approached us that they wanted to be paid. 
Byenkya: Don’t you think that another party would look at it as taking advantage of what you had done?
Kyohaire: It’s not like that. 
Byenkya: Tell us about Steven Tumwine?
Kyohire: He was murdered. 
Byenkya: Why do you think he was murdered? Do you think it has anything to do with activities of your company?
Kyohaire: I don’t know. 
Byenkya: Do you know if any people charged of his murder?
Kyohaire: They are some I heard of. 
Byenkya: Were they residents of that area?
Kyohaire: The ones I heard of are residents.

Byenkya: Do some of them include leaders of the local people?
Kyohaire: [witness remains silent]
Byenkya: Ok, let me give you a name. Richard Semuwomba Ssalongo, a resident of Butolo. He was the LC I chairman until you put him in jail. He was serving the people…do you know him?
Kyohaire: I have heard of him.
Byenkya: Let me tell you of another leader, Simon Ategeka, from Nakasozi. Is he one of those accused for the murdering Tumwine?
Kyohaire: I didn’t know he is one of those accused. 
Byenkya: If your activities are so innocent, how come that most people accused of murdering Tumwine are political leaders?
Kyohaire: I don’t know why it’s like that.

Byenkya: The truth is; you have a war with the people. That war is because of the way you have approached them. It has resulted in the death of Tumwine. It has resulted in the disability of Senkinga. It has resulted into jailing of nine political leaders accused of killing Tumwine. And that war has created widows…in your statement you’re saying everything is fine. Tell us how you want to talk to these people?
Kyohaire: All those things being said are lies. 
Byenkya: Why are these people telling lies about you?
Kyohaire: I think they are people trying to fail the project. As residents they have no problem but there are leaders telling them not to negotiate. 
Byenkya: So, you have been blaming the leaders?
Kyohaire: I don’t blame political leaders but instead of telling them how to go about it, they try to make the project fail. 
Byenkya: So, is it a coincidence that when Tumwine died, some of these political leaders were charged?    
Kyohaire: It’s not like that.   

Suuza: How old is Chang?
Kyohaire: 65 years. 
Suuza: When did he come to Uganda?
Kyohaire: I’m not sure but I met him in 2000. 
Suuza: When did you get married to him?
Kyohaire: 2005. 
Suuza: What kind of marriage did you contract?
Kyohaire: We did introduction but we did not get a certificate.
Suuza: Would I be correct if I concluded that this firm wanted to find a lawful way of owning land and therefore not only are you treating the residents in an unlawful manner but your company owns this land illegally? Or you own it through a scheme that was purely contrived to defeat the laws of Uganda?
Kyohaire: It’s not like that, my lord.
Commissioner Mary Ochan: When was your husband born?

Kyohaire: I don’t remember. 
Ochan: Your husband was born in September 4, 1943 according to records that you submitted. How old does that make him?
Kyohaire: [witness remains silent]
Ochan: Your husband is 74 years and not 65 as you testified. This makes me wonder how much of your husband you really know…
Kyohaire: I really know him. 
Ochan: What do you know about him?
Kyohaire: I’m not sure about the time he came.
Ochan: You have been married for about 15 years and up to now you have not asked him when he came to Uganda?
Kyohaire: I had not bothered, my lord.

Ochan: Are you really married to him?
Kyohaire: Yes, I only made a mistake in years. 
Ochan: You didn’t know his age, birthday. But what worries me is that you not knowing when he came to Uganda. It seems your name was just put on this company to enable them get land…
Bamugemereire: It has come to our attention that there is a likelihood that you have more titles that you have not declared or that the ones you have do not amount to the land you are using. Can you confirm that it’s only the five titles that you have?
Kyohaire: Those are the only ones we have, my lord. 
Bamugemereire: It’s most likely that you’re entitled to 4.5 squares miles and you’re using 10 square miles and you are harassing everybody…Does a foreign investor has any involvement in agriculture?
Kyohaire: That I didn’t know, my lord. 
Bamugemereire: You cut down people’s plantations, demolished houses and wrecked havoc on the locals. You will do me a favour and go with my investigators and they take you through what happened in that area. Thank you. 

alitwaha@observer.ug

On Friday last week, SWAIB YIGA appeared before the Catherine Bamugemereire-led commission of inquiry into land matters.

Yiga is accused of torture, masquerading as a surveyor, compromising government officials and fraudulently grabbing more than 1,000 acres of land from beneficiaries of the late Yokobo Lukwago's estate in Nakaseke district.

During cross-examination by Ebert Byenkya, the commission's lead counsel, Yiga denied any wrongdoing as he explained how events unfolded. Ali Twaha captured the proceedings.

Byenkya: My lord, I had just reminded Swaib that he took oath in Luweero district. Mr Swaib, you have been attending a number of hearings since you testified.
Yiga: Yes, my lord.

Byenkya: Since you testified, we have had a bit of evidence regarding various matters. We heard a surveyor, [Francis Barungi], who helped you in sub-diving and surveying. We have heard some members of Yakobo’s family that you dealt with. We have heard from the bibanja holders, the OC police station at Kapeeka.

Others are Ssekalogo Godfrey who was arrested for apparently taking maize from your firm; Steven Mukumbya who says you committed an act of torture when you accused him of stealing. There are a lot of witnesses. Before I ask you, is there any matter that you want to say first in response to all these testimonies?

Yiga: I request this commission to be very impartial and handle this issue carefully.
Byenkya: Is there anything you want to say in particular to any witness testimonies?
b I have carefully listened to the surveyor’s evidence touching the matter. But it’s unfortunate that he [Barungi] has told so many lies to this commission.

Among them is denying that he has [ever] received money from me. Before we started the job in Balitira and Naluvule, we had an agreement. At Naluvule, we agreed with him that he will do the job at Shs 50 million. I first paid Shs 42 million. After carving off Naluvule land, he stopped working and demanded for his balance first. I used to pay Shs 20,000 for his accommodation and I have all the receipts to prove it.  

Byenkya: So, you have all those receipts?
Yiga: I have not come with them today.
Byenkya: Make a note and provide those receipts. Regarding the money you said you paid him as professional fees, do you have any receipts for that?
Yiga: No, I don’t. But I gave him that money in the presence of six witnesses including the LC-1 chairperson of Senda. 
Byenkya: So, you don’t have receipts?
Yiga: We didn’t make one.
Byenkya: Is it true when Barungi describes you as a broker?
Yiga: It’s true, my lord. 
Byenkya: We have been listening to testimonies and it seems that you go around presenting yourself as a surveyor.
Yiga: I have never done that. In fact, that’s why I brought [Barungi] because he knows everything. When I get a job, I bring in technical people.
Byenkya: Were you here when Simon Lwanga [heir to late Lukwago’s estate] was testifying?
Yiga: Yes, my lord.

Byenkya: We were told that you were introduced to them by Ssentongo in the capacity of a surveyor.
Yiga: Ssentongo found me in the company of surveyors, who were working on some land. 
Byenkya: Let’s go to a survey report by Survey Tech. According to the report Barungi presented, he said initially he had instructions to open up Block 292 and 273. Are you familiar with those two blocks?
Yiga: Yes, my lord. 
Byenkya: It transpired that his report was purely about Block 292. What happened to 273?   
Yiga: That’s another lie. Because he is the same person who opened the boundaries of Block 273. 
Byenkya: It seems the Administrator General doesn’t know about it. Since you know about it, what happened?
Yiga: We agreed that Block 292 is not inclusive. Block 273 is in Kapeeka sub-county. The land title was not available at the moment… 
Byenkya: And in whose name was Block 273 on the blue page?
Yiga: [The late] Lukwago.

Byenkya: So, it belongs to the estate of Lukwago?
Yiga: Yes, my lord. 
Byenkya: What happened to that land?
Yiga: We were told that we should survey the land and make titles and transfer them from the blue page to the white page. 
Byenkya: And who gave you those instructions?
Yiga: We agreed with the beneficiaries of Eriasaf Ssali.
Byenkya: How big is Block 273?
Yiga: I don’t remember. But the titles were made.
Byenkya: In whose name is that title?
Yiga: In the names of the Administrator General. It was later transferred to the names of Simon Lwanga and Edith Ssali.
Byenkya: Do you own any part of Block 273?
Yiga: Not currently. But I had been promised part of that land, around 15 acres. 
Byenkya: What were the particulars of the title that came out?    

Yiga: On Block 273, there is Plot 12 and 29. 
Byenkya: And you say you cannot remember the sizes of those two plots?
Yiga: I can’t remember.
Byenkya: Since they are on the blue page, it was in the name of Yakobo. How did it end up with the children of Eriasaf Ssali?
Yiga: Those children, after surveying their land at Balatila, they were supposed to get 185 acres plus 44 acres. However, the land they got was measuring 135 acres. And they were supposed to get the other land in Kapeeka. 
Byenkya: Are you saying it’s in the Administrator General’s name? Because our evidence indicates the land was not revealed to her.
Yiga: That title was transferred and it belongs to the children. 
Byenkya: Was it through the Administrator General or did you do your own arrangements?
Yiga: The Administrator General. 
Byenkya: You also heard us discuss Plot 188, the 400 acres. The surveyor testified that initially, the residue of land of Yakobo at Balatila was 1,418 acres.
Yiga: I don’t remember the acres. On the 400 acres, I got the chance to see the file while at the DSSI. We found out that Wamala’s signature had been forged and I photocopied that file.

Byenkya: That doesn’t answer the question. The land on the blue page was still in the name of Yakobo. Whether they were forged documents, they were not affected. 
Yiga: That’s not the way it was. 
Byenkya: But this is your surveyor, Mr Barungi. It’s the report you gave to the Administrator General. So, had the 400 acres been transferred because they were still on the blue page, in the names of Yakobo?
Yiga: It was in the names of Robert Wamala and Joyce Namugambwa. And that file was to carve it off to the white page. 
Byenkya: The 400 acres; is it the one you told the family you had recovered?
Yiga: That land had a lot of controversies involving one Badru, who claimed ownership. There were other buyers I heard about…After a long fight with them at Bukalasa land office, they accepted defeat and gave up on the land.      
Byenkya: So, you then asked to be given extra payment for helping solve the dispute?
Yiga: I was given land and an agreement was made.

Byenkya: And how much did they agree to give you?
Yiga: According to the agreement, they gave me 75 acres. When we got to the Administrator General, they requested that I reduce the acreage by five acres, which I accepted much as the agreement states 75 acres.
Byenkya: So, this 400 acres was supposed to be paid after you recovered that land?
Yiga: They were satisfied with what I had done to get that land.
Byenkya: I am reading from the report: “That land became Plot 188.” Isn’t it?
Yiga: I don’t remember, my lord.
Byenkya: I am telling you. This is a survey report you presented to the Administrator General. And it says Plot 187 was measuring 1,003 acres. And then Plot 188 acres measuring 415.43 acres. Is that true?
Yiga: Yes, my lord.

Byenkya: According to the report, 188 was sub-divided further as follows; Plot 203, Plot 204, Plot 205, and Plot 206. And a certificate of titles of 203 was issued on July 23, 2015 for 100 acres. And they say, 70 acres was given to Swaib Yiga and counsel Kawalya.
Yiga: That report was not true.
Byenkya: But this is the report that you presented with your partner to the Administrator General?
Yiga: That surveyor is technical [person]. I am not technical. 
Byenkya: When you say, the report is not true. Why is that?
Yiga: Because there was a balance of 30 acres and I had taken 70 acres. 
Byenkya: Yes, that is what I’m talking about, the 100 acres…
Yiga: The 30 acres were given to the children of the late Catherine Nagawa.
Byenkya: You have admitted to getting 70 acres, what was not true?
Yiga: Since the surveyor made that report, I have never seen that provision.

Byenkya: Anyway, I’m more interested in you and Plot 188. Who owns Plot 204?
Yiga: The family sold that Plot to Mr Daniel Kasoma. 
Byenkya: I have a list here, and when you look at the inventory, it says, Plot 204 was sold to Swaib by Nampewo Jessica and Namugambwa. Are you sure you are not the owner of Plot 204?
Yiga: I am sorry. Kasoma bought 205.
Byenkya: Somehow 204, which had no title, ended up in your name? 
Yiga: I only bought off 204 from the beneficiaries and I have the agreements.  
Byenkya: When did you buy that?
Yiga: On January 16, 2017.

Byenkya: What I am wondering about is; this is your survey report. According to the surveyor, you are partners. On that day, when you were reporting to the Administrator General, you told her that only one title had come out. And these other plots you didn’t mention them.

And then, immediately, the Administrator General transferred to you those titles even without the other titles being accounted for. What happened?

Yiga: It’s true, I was given Plot 203 but the other two plots I have never been given. 
Byenkya: Which other plots?
Yiga: Plot 204 and 206.
Byenkya: On my list, it says “taken by Swaib, Plot 206 measuring 102 and 744 acres” it seems you also ended up with that title. Are you sure, if we check, the title of Plot 206 is not in your name?
Yiga: Plot 206 is not in my names. 
Byenkya: You know that it’s very easy to trace these divisions and transfers in the land office. That’s why I want you to stick to the truth. 
Yiga: The titles I have from that Plot is 244 and 249. 
Byenkya: Let me give you some other plots and see whether they are not in your name. How about Plot 237?
Yiga: That one is in my names.

Byenkya: Plot 204.
Yiga: I have not transferred it yet.
Byenkya: But you’re in the possession of the title?
Yiga: The title is there.
Byenkya: Plot 205. 
Yiga: That one too, but not yet transferred into my names. 
Byenkya: Plot 236, with 17 acres.
Yiga: I bought it from Jessica Nampewo and Namugambwa.
Byenkya: Plot 245.
Yiga: It’s in my names measuring 135 acres. I bought it from the beneficiaries of the late Eriasaf Ssali.  
Byenkya: Plot 247.
Yiga: I bought it from Nampewo Jane, the eldest daughter of the family. 
Byenkya: Plot 248.
Yiga: I don’t remember that one.

Byenkya: Do you have part of Plot 200 bought from Ssali Wamala?
Yiga: Yes, but it hasn’t been carved off. He still demands some money from me. I bought 29 acres.     
Byenkya: Plot 242 of Lwanga.  
Yiga: I bought it.
Byenkya: Plot 243, with 29 acres.
Yiga: I bought it. 
Byenkya: Plot 244.
Yiga: It is mine. 
Byenkya: It says here you received it as a surveyor. 
Yiga: That was for the work of surveying the land.
Byenkya: But you’re not a surveyor. 
Yiga: But I facilitated that job. It was not an easy job.

Byenkya: I’m just concerned on what you and Barungi were contracted to do. This estate used to have 1,418 acres of land. Is that correct?
Yiga: I don’t remember very well.
Byenkya: It’s in your survey report. How many of those acres do you own?
Yiga: It is about 1,000 acres.
Byenkya: So, you’re sitting on more than two thirds of the property and the beneficiaries are complaining. How is it possible that it’s only you who buys their land?
Yiga: They tried to source for buyers but I’m the only one who had cash available.

Byenkya: Do you know a young man called Steven Mukumbya?
Yiga: Yes, I do. 
Byenkya: How do you know him?
Yiga: On April 10, 2015, I was in Kampala. I was called by Kiggundu [my worker] and he told me there was trouble on the farm.

Some three days ago, I had deducted salaries from my employees for theft of my properties. I told them that I won’t make losses yet I paid them to take care of the farm. The workers resolved that they will search for a thief. I don’t know what happened after that. I think they locked him [Mukumbya] up in the house; all that I was being told, my lord.    

Byenkya: Did you know him?
Yiga: Yes, Mukumbya never attended school. 
Byenkya: Was he your employee?
Yiga: I used to see him on the farm. 
Byenkya: So, it’s possible he was your employee?
Yiga: He wasn’t my employee. Even in my records, I don’t know if he exists. I saw him when he was caught.  
Byenkya: So, what happened to him when they brought him to you?  Do you know how old he is?
Yiga: I don’t know.
Byenkya: He is 15 years old now. 
Yiga: I just heard that today.
Byenkya: When you saw him, how old did you think he was?
Yiga: He’s not that old. I warned my workers not to beat that boy.

Bamugemereire: Why were you saying that? Were they beating him and you could hear it?
Yiga: No. I told them I’m driving back. I instructed Kiggundu to keep an eye on Mukumbya not to be hurt. When I arrived, I found him up a tree. 
Byenkya: Who had told him to be on the tree?
Yiga: It was Kiggundu. Before he could climb down, I first asked him, if he had stolen. He replied to me that “Yes, I stole your things.”

He said he had one phone at home. But the second one, he had sold it to his brother at Shs 10,000. I told him to climb down. His uncle and some villagers were around.

Byenkya: Was the name of his uncle Jackson Kinene?
Yiga: Yes, he also sold me four acres of land.
Byenkya: Did you put him in your car boot?   
Yiga: I can’t do that. 
Byenkya: How did you take him?
Yiga: I told him, Kiggundu, and his uncle to get inside and we drove off up to the chairperson of Kabira because he is in charge of his area of residence…The chairman told me he was fed up of Mukumbya’s behavior. He said that Mukumbya had just been accused of ‘raping’ a pig.

Bamugemereire: Is that why you also chose to touch his genitals?  
Yiga: I didn’t. I am a Hajji!
Bamugemereire: Then explain to us why the child is in that state?
Yiga: My lord, I am speaking the truth. I have children too. I can’t get pliers and squeeze someone’s genitals. 
Byenkya: But you know that’s what he has accused you of?
Yiga: I was told. I can’t do something that terrible. I ask that the boy be taken to a good hospital and checked. If there is evidence that I tortured him, only then, will I be answerable.

Byenkya: Did you report the case?
Yiga: I always report things. If his mother was not sure that her son stole my things, she would not have agreed to pay me. 
Byenkya: Do you know that she had to sell her cow for Shs 900,000 to pay you?
Yiga: I dint know about that. I only wanted my compensation for the loss. 
Byenkya: Evidence before us shows you tortured this compensation from the boy and the mother.
Yiga: I have never done that. 
Bamugemereire: Mr Swaib, this evening, you will go with my police and show us whether you made a statement at police. If the statement is there, they will let you go. If it’s not there, they will take you to Wandegeya police and you make a statement. Thank you.

alitwaha@observer.ug

The Uganda Military Police trying to control the demostrating citizens of Bukasa, Kirinya and Kasokoso urban villages of Kampala.

On Sunday December 4, I presided over two school concerts at Hamad Islamic and Margaret schools in Bukasa and Kirinya villages respectively.

These schools are located a stone-throw away from my residence. The poor physical state of the classrooms and furniture profile the nature of parents that take their children to these schools. The children looked healthy but many were wearing different colours of socks and shoes. Some were putting on threadbare school uniforms, further revealing the size of their parents’ pockets.

If government maintains its threat of demolishing houses in ten villages in this area, these and more than a dozen primary schools will be no more by the beginning of 2017.

That is what an advert by the National Environment Management Authority (Nema) published in the New Vision on Monday signed by the executive director, Dr Tom Okurut, means. The notice gives occupants of compartments 3, 4, 5, 6, and 7 up to December 26 to leave.

“Failure to comply… this Authority … shall take all necessary steps against you including forceful eviction and prosecution…” reads the notice.

For the record, I am not an occupant of any of the above-mentioned compartments. I am just a neighbor, but also the representative for these poor people. Although hiding under Nema, government wants this land for four major infrastructure projects: Bukasa inland port, Standard Gauge Railway, Southern bypass and some electricity extensions.

In fact, this land belongs to National Forestry Authority (NFA), which failed to protect it against encroachment. There is a big problem at NFA. Uganda loses about 9,000sq hectares of forest cover every year and we are only replanting 3,000sq hectares officially. So sleepy are the administrators at NFA that even their headquarters in Bugolobi are being claimed by an Asian.

It is not surprising that these fellows allowed massive encroachment on this land in question commonly known as Namanve central forest reserve. And this encroachment began about six years ago. The occupants, who came during broad daylight, have taken almost all this land and established nearly 10 villages, complete with councils.

Trouble is that those who grabbed the land have since sold and left. Some of the recent buyers don’t even know the history of this place because, in some places, it is difficult to distinguish between NFA and private land.

And to make matters worse, the grabbers did it in the name of Mr Yoweri Museveni. They would establish an office first, plaster it with Museveni campaign posters and descend on the nearby land, parcel it and begin selling. Some of the land has changed hands like five times.

I have been told Mr Museveni has issued an order to Gen Kale Kayihura to drive away occupants of this land. The notice in the newspaper is, therefore, part of the preparatory work.

I met the Standard Gauge Railway working group from the ministry of works and explained to them why people should be compensated before they leave. They told me compensating people will be breaking both the Nema and NFA acts.

So, any time, you may hear of clashes in Bukasa because the many people that have settled here have nowhere to go. Some good-hearted people have told me government can compensate for the developments on the land before asking people to go away.

And I think this is what may stop the bloodshed. I have been told Museveni has also authorized establishment of a military barracks here to help during the eviction exercise.

Interestingly, during the last campaigns, the leadership in some of these villages stopped me from campaigning there. If I did, they argued, government would evict them. Now hundreds of them are streaming to my home every day crying for help.

I had earlier told them Museveni has no friends and he would evict them after elections. The humane part in me is telling me that I must do everything possible to protect them against an uncaring regime that has butchered people in Kasese, jailed a cultural leader and closed Makerere University.

And there is a solution. In Ethiopia, the government, with all its shortcomings, has a resettlement plan. Principally, governments are supposed to resettle people whether they have a claim on a piece of land or not. The NRM government, led by the revolutionary, doesn’t care.

That is the situation that we face in Bweyogerere. I keep asking myself why this regime allowed thousands of people to freely settle in a forest reserve and it is now giving them ultimatums!

 semugs@yahoo.com

The author is Kira Municipality MP.