Lusanja evictions were illegal-Attorney General

The Independent

12 December 2018

Kampala, Uganda—The evictions that saw hundreds of families lose their property on a 75-acre piece of land in Lusanja village in Kasangati Town Council in Wakiso district were illegal, parliament heard on Tuesday.

In his statement to parliament, the Attorney General William Byaruhanga, said that the affected people were unlawfully pushed off their land since the eviction order was for Mpererwe, Sekanyonyi Zone and not Lusanja.

He said the Judicial Service Commission (JSC) has started investigating the Nabweru Chief Magistrate, Rebecca Ester Nasambu and Registrar, Baker Rwatooro who issued the eviction order.

He said the JSC has already charged the duo with conduct prejudicial to the good image of service contrary to regulation 23 (a) of the Judicial Service Commission Regulations 2005.

The other charges are producing substandard work under regulation 23(f) of the Judicial Service Commission Regulations 2005 and unsatisfactory performance of duty under section F-s No.2 (q) of the public service standing orders 2010.

Events Leading to the Eviction

According to his statement, Medard Kiconco filed a civil suit before the Nabweru Chief Magistrate Court under Land Civil Case No. 7 of 2017 against Opendo Patrick and 16 others, which was handled by Nasambu.

In the suit, Kiconco sought orders for abetment of a nuisance, demolition, delivery of vacant possession, pennanent Injunction and award of damages plus costs of the suit against the defendants.

“The matter proceeded exparte (without the defendants filing a defense). On 3 October 2017, Her worship Nasambu delivered Judgment with orders declaring the defendants as trespassers, a pennanent injunction against the defendants, demolition of structures and general damages of Shillings 20,000,000 plus costs of the case,” reads part of the Attorney General’s statement.

The file was then forwarded to the Execution Division of High Court on 24 October 2017 and another file was opened on 7 November. A notice to show cause allegedly served and witnessed by one Henry Sejjeba, the Local Council I Chairman of Mpererwe, Sekanyonyi Zone was issued for the defendants to appear on 15 November 2017.

Byaruhanga says that a miscellaneous application by the defendants filed in December, 2017 at Nabweru Chief Magistrate seeking for orders that the Exparte Judgment by Nasambu be set aside was dismissed on 2 July 2018 under Order 9 Rule 22 of the Civil Procedure Rules for failure to prosecute it for a long time.

Another miscellaneous application filed by the defendants for interim stay of execution was heard by the Deputy Registrar on 19 December 2017 and allowed on condition that the applicants deposited security for costs of Shilling 20 million and subsequently.

The High Court Execution Division dismissed the application on 19 December 2017 on grounds that the same had been overtaken by events.

“After dismissing the application to set aside the Exparte Judgment on 2 July 2018, the High Court Execution Division proceeded with the execution process and on 23 August 2018, His worship Rwatooro Baker, Deputy Registrar issued a warrant to Kirunda Moses T/A Spear Link Auctioneers & Court Bailiff,” reported Byaruhanga.

The Bailiff on 12 October 2018 went ahead to execute the court order by giving vacant possession of land comprised in Kyadondo Block 206, Plot 671, abatement of the nuisance and demolition of the defendants illegal structures.

Findings by the Attorney General

Byaruhanga says Nasambu lacked jurisdiction to handle the matter and that she handled the suit until the end without visiting the contested land.

“There was no proper service of summons against the defendants among others and there was no merit in her explanation other than asking for forgiveness and pardon, there by forwarding her case to Judicial Service Commission for disciplinary action,” said Byaruhanga.

He further said that Rwatooro failed to exercise due diligence as required by rule 6 of the practice Direction No. 1 of 2007 in respect to issuing orders relating to land, which affect or impact on the tenants by occupancy.

“There was no merit in his explanation where he only insisted that the notice to show cause was served on the defendants, there by forwarding his case to Judicial Service Commission for disciplinary action,” further said Byaruhanga.

The Attorney General also said that the Judiciary was still investigating the court bailiff, Moses Kirunda, saying a case is before the Land Division of High Court.

However, the Speaker of Parliament, Rebecca Kadaga tasked Byaruhanga to explain why he has not taken action against Kirundas who acted illegally.

Byaruhanga asked for one week to report back to parliament about government’s decision against the court bailiff and police officers who executed the eviction.

Lgislators led by their Kyadondo East counterpart, Robert Kyagulanyi demanded that since the people were evicted illegally there is need for just action from government including compensation and reinstating their homes since many of are living in very conditions.

Kadaga instructed MPs to draft a motion on how the evicted families should be compensated by government.

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URN

Government moves to interdict magistrate who ordered Lusanja eviction

Kenneth Kazibwe, Daily Monitor

Government has started investigations into the manner in which the Nabweru Chief Magistrate Rebecca Nasambu issued an eviction order for over 200 residents at Sekanyonyi-Lusanja village in Kasangati Town Council, Wakiso District.

Responding to queries from legislators over the plight of the people, trapped and living in tents after mass evictions, the Attorney General, William Byaruhanga told parliament that the magistrate is currently under investigation with a view of punishing her for the erroneous actions.

“She failed to exercise due diligence required in respect to issuing orders relating to land which affect or impact tenants or occupants and there was no merit found for her explanation because she only insisted the notice to show cause was shown to the defendants,” Byaruhanga told parliament on Tuesday afternoon.

The chief government lawyer said the Nabweru Chief Magistrate and the court registrar Baker Rwatooro have been charged with conduct prejudicial to the good image of service which contravenes the regulations of the Judicial Service Commission.

According to Byaruhanga, the duo is also charged with producing substandard work and unsatisfactory performance of their duty contrary to the Judicial Service Commission regulations and the public service standing orders.

Eviction Was Illegal

The Attorney General told the August House that in 2017, one Medard Kiconco filed a suit before the Nabweru Chief Magistrates Court against 17 people and was handled by Nasambu seeking for orders of demolition and delivery of vacant possession of the property in question among others on top of costs.

He said the matter proceeded exparte and that on 3 October 2017, the magistrate delivered a judgment in which she declared the 17 people as trespassers on the land.

According to Byaruhanga, the defendants in December filed an application seeking for orders to have the earlier judgment set aside but it was dismissed.

“Another miscellaneous application filed by the defendants for interim stay of execution was heard by the Deputy Registrar on 19 December 2017 and allowed on condition that the applicants deposited security for costs of Shilling 20 million and subsequently the High Court Execution Division dismissed the application on 19 December 2017 on grounds that the same had been overtaken by events,”Byaruhanga said.

“After dismissing the application to set aside the exparte judgment on 2 July 2018, the High Court Execution Division proceeded with the execution process and on 23 August 2018, His worship Rwatooro Baker, Deputy Registrar issued a warrant to Kirunda Moses T/A Spear Link Auctioneers & Court Bailiff.”

Investigations by government found out that the Nabweru Chief Magistrate didn’t have jurisdiction to handle the matter and that she handled it without making a locus visit to the contested piece of land.

“There was no proper service of summons against the defendants among others and there was no merit in her explanation other than asking for forgiveness and pardon, there by forwarding her case to Judicial Service Commission for disciplinary action,” Byaruhanga told parliament.

The Attorney General requested for a week to be able to return to the floor of the August House with a proper decision on all officers involved in the unlawful eviction.

Original article

Bobi Wine asks the Speaker to Arrest Museveni Brother of Evicting and leaving 160 homeless

2018/12/12

JP reporter

This was my submission on the floor of Parliament yesterday, regarding the illegal, illegitimate and high-handed eviction of the people of Lusanja which lies in Kyadondo East Constituency and Kawempe North. Only yesterday, the judiciary came out and apologized, while informing the nation that the court order which was relied on to evict over 350 families, leaving them homeless, was meant for land in Sekanyonyi Zone in Mpererwe and not in Lusanja! If this is not the worst form of inefficiency, impunity, corruption, maladministration and a symptom of a failing state, I don’t know what it is! Today, we shall move Parliament to pass a concrete resolution to punish the perpetrators of this crime, demand compensation for the victims, and demand that as our people try to rebuild themselves with our support, they will not be interfered with by state agencies. We want justice, and we want it now.

Original article with video

President orders inquiry into eviction of 550 people in Lusanja, Wakiso District

17 October 2018

PPU Reporter

President Yoweri Museveni has ordered an inquiry into an appalling land eviction matter in Lusanja Parish in Ssekanyonyi Zone, Nangabo Sub-County in Wakiso District where over 70 families have been evicted and 350 houses destroyed affecting over 550 people.

The eviction reportedly started in the middle of this month of October 2018 on a 9.6 acre piece of land allegedly on the orders of a one Kiconco Medard.

Addressing the gathering, President Museveni informed people of the area in particular and Uganda in general that in the Constitution of Uganda of 1995, the law on land is very clear and stipulates that a person who was on a piece of land for 12 years by the time that constitution was promulgated, is a rightful owner and that a person who was on land after 1983 is a bona-fide occupant/squatter who holds a right to negotiate and dialogue with the land owner for settlement.

The President told the people that he had stepped into their land eviction matter as a freedom fighter on the side of the for people’s rights.

Even an illegal occupant on the land should be allowed possible negotiations to vacate the land normally, he said.

According to Sekanyonyi Zone LC1 Chairman, Fred Kanyike, 350 houses have been demolished and 200 more are threatened with destruction.

President Museveni, however, assured the residents that there will not be any more destruction of anyone’s property. He, therefore, ordered for investigation into the matter and that the culprits be apprehended.

He told Office of Prime Minister Office to provide shelter for the evicted victims, food relief and other necessary contingencies as government assesses the value of the property destroyed and considering possible compensation.

President Museveni further warned all those people that are involved in fraudulent land evictions saying that in such incidences, the parties involved should wait for the law to take its course.

Mr. Museveni also stopped the people who at one point turned unruly and began removing corrugated iron sheets that had been used to fence off the land in dispute, saying, to retaliate using evil against evil is ungodly. “Do not behave like thieves,”he said.

The Land Inquiry Commission’s observation report says that although the said owner of the land, one Kiconco Medard, acquired the land in 2016 with the bibanja holders already on it, he ought to have compensated the squatters before any evictions would be effected.

Original article

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