What awaits Katureebe’s inquiry into Apaa land conflict

On Friday, the retired chief justice, Bart Katureebe, was sworn in as the chairperson of a five-member commission of inquiry to investigate the causes of the Apaa land conflict in northern Uganda.

Other members include Justices Alice Mpagi Bahigaine, Steven George Engwau, Joyce Gunze Habaasa, and Dr Fred Henry Bateganya. The commission, slated to begin its inquiry soon, will have George Omunyokol as its lead counsel and Imelda Adongo as its secretary.

During the swearing-in ceremony at the State House in Entebbe, President Museveni explained the judicial commission’s role, appointed in April, to help resolve long-standing issues like the Apaa land conflict between the districts of Adjumani and Amuru in northern Uganda, illegal detentions, tribal fighting, and illegal timber cutting.

Museveni emphasized the commission’s unique powers, stating, “The best medicine for the Apaa land dispute is a commission of inquiry. Why? Because, in all our other efforts, people play with us. The commission has got powers of a court.”

He noted that individuals summoned by the commission must respond positively or face consequences, believing that this would be more effective in resolving issues than previous efforts.

ONGOING CONFLICTS

Before the commission’s appointment, the area has seen continued tribal fights and land grabbing, leading to casualties, injuries, property theft, and houses being set on fire. A significant incident involved the re-arrest of Maj Traver Kibuuka, the second in command of the 71st Battalion and sector commander, Apaa in early July.

Maj Kibuuka and the paramount chief of Madi, Stephen Drani Izakare, were previously charged with seven counts of attempted murder and three counts of assault. However, the charges were withdrawn for lack of evidence. Kibuuka’s second re-arrest led to protests, and 24 local leaders stormed the Naguru police headquarters to petition against Kibuuka’s re-arrest.

The police authorities have since made several drastic transfers within Adjumani, although local complaints continue. Several petitions have been presented to various authorities, including the speaker of parliament, Anita Among, and others regarding the alleged behaviors of local officials.

TRIBAL TENSIONS AND SECURITY CONCERNS

The area has witnessed tribal fighting between Madi and Acholi people, lead- ing to killings, property theft, and houses being set on fire. The locals appreciate recent improvements but allege that specific groups are still causing disturbances in the area, where over one million people live.

The Madi paramount chief, Drani Stephen Izakare, petitioned CDF Gen Wilson Mbadi, expressing disappointment in some leaders and urging full investigation into the prevailing security matters. Sharon Lucy Amony, a local leader, spoke of continued threats and violence, including the loss of her six children.

LEGAL MATTERS

The legal proceedings surrounding Maj Kibuuka and Chief Izakare are com- plicated, stemming from an incident in April that resulted in property destruction. Under new charges, Maj Kibuuka is accused of assault, causing serious body injuries, and has been remanded to Gulu military barracks.

Kibuuka’s lawyers expressed concern over alleged malicious and baseless charges, writing a letter of intent to sue the 4th Division commander Kabango. They emphasized that Kibuuka has been trying to prevent bloodshed caused by tribal fights and questioned the intentions behind the charges.

HOPE FOR RESOLUTION

Local leaders in Apaa have expressed gratitude to President Museveni for appointing the judicial inquiry commission and eagerly await the opportunity to contribute their insights for the area’s betterment.

Protracted land dispute in Mukono leaves security in a spot of bother

Less or slow attention has been given to the intense struggle for a plot of land located on Mbeya island in Mpunge sub-county in Mukono district.

The said Plot 9 on Block 494, Kyaggwe, measuring seven acres, is claimed by both Jackson Twinamasiko, a businessman in Mukono, and Maj Mark Wanyama, a senior UPDF officer. For over three years now, the disagreement between the two has sparked outrage among island residents who feel that their rights to due process and the rule of law are being undermined.

Besides, the businessman has lately claimed that his life is in danger. Twinamasiko sought legal intervention, resulting in a temporary injunction issued in November, 2019 to halt any activities related to the disputed land. The injunction, granted by Mukono High court, restrained Wanyama and his associates from engaging in any sale, alienation, transfer, subdivision, or interference with the contested land until the main case’s conclusion.

Despite this injunction, the landlord, Francis Tyaba, who is based in the USA, through Joyce Lutaaya, proceeded to sell the land to Wanyama, who forcefully occupied it by deploying armed military personnel to prevent Twinamasiko from utilizing it.
High court’s final decision on the main case is pending in November of this year.

HOW IT BEGAN

After identifying the land in 2019, Twinamasiko dispatched emissaries who found out that the land in question was part of a larger chunk measuring 23.9 acres (9.7 hectares), of which 16 acres had already been sold to Wanyama, leaving seven acres available for purchase.

To ensure that the land was free from any legal encumbrances and that the powers of attorney claimed by Joyce Lutaaya were legitimate, Twinamasiko conducted a search of the land’s ownership records at the ministry of Lands.

Following his assessment of the land and its ownership, Twinamasiko selected Michael Higenyi to act as his attorney and oversee the transaction.

After reaching an agreement with the landowners, he was required to make a commitment fee payment of Shs 20 million towards the total amount of Shs 70 million, which he did on November 6, 2019, through his dfcu bank account.

The remaining balance of Shs 50 million was due before the end of the month, and Twinamasiko made the payment on November 20, 2019, to the Nono Boutique account, which belongs to Lutaaya in Standard Chartered bank. His attorney was expected to draft a sale agreement with Lutaaya and the other sellers of the land at a later date.

However, upon realizing that Twinamasiko had bought the remaining seven acres of land, records show that Wanyama colluded with Lutaaya to pay back Twinamasiko’s Shs 70 million plus an additional Shs 5 million per acre. On November 24, 2019, Lutaaya refunded the sum of Shs 70 million to Twinamasiko’s dfcu account through her Nono Boutique. However, Twinamasiko refused the refund and took the matter to court.

“I did not lend Lutaaya money that she could later pay back. Rather, I had purchased the land; it is just a mere allegation being made that I am insisting on taking land that does not belong to me,” Twinamasiko reasoned in his plaint.

He requested the court to seize the illegally deposited Shs 70 million from his account to cover any potential legal consequences, and a caveat was placed on the land. Three months after these events, another group of brokers approached Twinamasiko, attempting to sell the same land.

This time, they had a land title in the name of Wanyama, who was accused of being involved in the land grab. Instead, he took swift action and went to the Mukono zonal lands office with relevant documentation, leading to the annulment of the brokers’ forged land title.

During the court hearing, it was discovered that Wanyama had an agreement dated April 6, 2019, indicating that he had purchased 16 acres of land. Still, the same court discovered that the officer had two additional agreements, which were forged, suggesting that Wanyama had also purchased seven acres of land on November 19, 2019, after Twinamasiko had paid a commitment fee of Shs 20 million.

Another agreement showed that Wanyama purchased 25 acres of land on April 6, 2019. This, actually, meant that he (Wanyama) now holds 48 acres in a place that only has 23.9 acres.

INTERIM USE OF LAND

The court granted Twinamasiko an interim use of the land pending the final court decision. Thereafter, Wanyama was accused of hiring a group of men who went to the land and assaulted some of Twinamasiko’s workers on top of destroying various tree species that had been planted on the land.

The attackers also set fire to various properties, including temporary shelters that had been erected on the land for casual workers. Upon realizing that no action was taken by the police after documenting the damage caused by Wanyama and his associates, Twinamasiko reported a case of contempt of court at the Magistrate’s court in Mukono.

On October 29, 2022, Wanyama is said to have discharged another team of people offered to him by Brig Shaban Lukyamuzi, the former head of the Presidential Special Task Force on Land and Environment, which allegedly orchestrated the remaining property erasure and aided Wanyama in creating a militia presence on the contested land.

They further assaulted 10 of Twinamasiko’s workers, including Alex Akampulira, Veleriano Asiimwe and others. An eyewitness, Richard Lubwama, a resident in the area, says the soldiers engaged in activities that could have resulted in loss of lives.

CONTINUED PURSUIT FOR JUSTICE

On November 17, 2022, the Mukono district security committee held a meeting chaired by RDC Fatumah Ndisaba to address the concern. It was agreed that the two parties vacate the land until the matter is settled in court.

With the repeated contempt of both court orders and the district security committee, Twinamasiko petitioned the police, but Mukono district police commander Edrisa Kyeyune has since feared confronting soldiers at Mbeya. Despite Twinamasiko’s repeated pleas to various authorities, his efforts have yielded minimal results.

“On October 31, 2022, I wrote to the UPDF chief of defence forces and the deputy speaker of parliament, Thomas Tayebwa. On November 9, 2022, I petitioned the head of legal, the State House Anti-Corruption Unit (Shacu), the minister of Security, and the inspector general of police on November 25, 2022, among others,” he says.

“The only notable response has come from CDF Gen Wilson Mbadi, who engaged the Chieftaincy of Military Intelligence. However, limited action has been taken, despite the findings’ transmission back to him by CMI.” Among the infractions reported for CMI’s investigation are land invasion by a senior army officer and property damage on October 29, November 5, and November 8, 2022. Twinamasiko also urged an inquiry into Lukyamuzi’s actions.

Shacu spokesperson Mariam Natasha Oduka has also revealed that the unit has embarked on investigating the same matter so as to arrive at a proper and guided conclusion.

INTIMIDATIONS

According to sources familiar with the matter, on July 31, 2023, Ben Mugisha from police’s Crime Investigations Department (CID) land protection desk, accompanied by 12 armed individuals, raided Twinamasiko’s workplace at night between 10pm till midnight. Their apparent intention was to arrest him, but he had left earlier.

They were reportedly travelling in two vehicles: a double cabin bearing licence plate UP 4653 and a saloon car.

“No official summons was issued to me by the CID headquarters. I have received credible information that Maj Wanyama has influenced individuals at Kibuli, starting with unit commandant Johnson Dale Olal, to orchestrate my arrest due to my land purchase near his property on Mbeya island,” claims Twinamasiko.

He is now concerned about his personal safety, believing that a group under the command of Wanyama is pursuing him with malicious intentions. He opened up a case about the raid at his workplace, and on August 2, this year, he found himself instead arrested by the CID in Kibuli, where he had gone to follow up on a complaint he lodged against Mugisha.

Despite being granted a police bond, Twinamasiko was rearrested the following day on allegations of causing intentional property damage, boundary removal, and trespassing on the contested land at Mbeya. He was presented in Mukono Magistrate’s court, where he was granted bail.

According to him, the arrest was seemingly orchestrated to portray him as a land grabber for media purposes.

“Upon reaching the Mukono Chief Magistrate’s court, I noticed a multitude of cameras. Interestingly, the court dismissed similar accusations against me in 2021. I wonder if the same file has been revived and why I have never been summoned to write a statement.”

Twinamasiko was granted a cash bail of Shs 300,000, while his sureties, Robert Kizito Mugerwa and Mark Ssentamu Kabunga, were granted a non-cash bail of Shs 10 million.

WANYAMA’S RESPONSE

Maj Wanyama insists that whatever is said to the media by Twinamasiko is baseless. According to him, he purchased the contested plot of land and has documents.

“I am confident court will determine that I am the rightful owner of the land and he is the fraudster; I have all the documentary evidence confirming ownership. It is his people orchestrating attacks against mine, and then after he gives information in reverse format,” he says. Wanyama adds that Twinamasiko moves on to bribe every official to assist him in the fraud mission.

“Twinamasiko takes advantage of the fact that I am a soldier, and since people have the wrong mentality about soldiers, they tend to believe him,” he says.

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Digital number plates too costly – drivers

In 2018, President Yoweri Museveni officially issued a directive authorizing the Russian firm, Joint Stock Company Global Security, to execute a compulsory digital surveillance system.

This system, designed to monitor all motor vehicles, motorcycles, and other vessels within the jurisdiction of Uganda, requires an electronically activated device to be affixed to each motor vehicle.

This initiative was not merely an isolated decision but a component of President Museveni’s comprehen- sive 10-point security measures. This measure was formulated in response to a marked increase in gun violence within the nation, a crisis that tragically resulted in the loss of several Ugandan lives.

Notably, these heinous crimes were often perpetrated by individuals utilizing motor vehicles and motorcycles, thereby necessitating a concerted and technology-driven response. Codenamed “Intelligent Transport Management System” (ITMS), the project took shape on July 23, 2021, when a 10-year agreement was signed for the provision of this digital monitoring and tracking system.

The Russian firm will implement the deal in partnership with the National Enterprise Corporation (NEC). According to Gen Jim Muhwezi, the minister of Security, the project will roll out on October 31, 2023.

Last week, the ministry of Works and Transport revealed on their website that new vehicle and motorcycle owners would pay Shs 714,000 for the digital number plates, while already registered users would be required to pay Shs 150,000 and Shs 50,000 for vehicles and motorcycles, respectively.

Winston Katushabe, the commissioner for Transport Regulation and Safety at the ministry of Works and Transport, stated that the government would receive a share of the non-tax revenue generated over the 10-year period. The financial model, covering the total investment of the ITMS, including the sale of number plates and traffic fines, informed the pricing of the new digital plates.

“Even when it was not a security issue, the government had already started initiating a new regime of replacing these number plates. Here we have a total solution where the number plate has a tracker for security purposes,” Katushabe explained.

Susan Kataike, the spokesperson for the ministry of Works and Transport, confirmed that the company is ready to produce the first number plates by October 31. The government has allocated land to the Russian company for their offices, and construction is underway.

“The exercises would have started in March with the registration of government vehicles; however, we were not ready. What you need to understand is that it is a new technology, a new system which will be integrated into the entire transport system,” she told The Observer.

Reactions to the digital number plates were mixed. Some, like Ashadu Kyambadde, a driver with over 50 years of experience, praised the benefits to security organisations, saying it would allow for tracking vehicles and individuals involved in crimes. Others expressed concern over the costs.

Michael Meneza, a driver and businessman, argued that the digital number plates should be free of charge for those with old plates and that the cost for new ones was unfair. Concerns were also raised about the lack of government sensitization regarding the digital number plates and skepticism about their effectiveness in the fight against crime.

Hakim Ddungu suggested that the government should engage with different stakeholders in its plan to introduce digital number plates.

“This is a money-making venture for the government. We paid for these old number plates; why should we pay for what we already paid for? The government should engage us in a program, ask us to pay a service fee for exchanging these number plates, but not just issue orders,” John Kasumba said.

He also proposed favourable programs, such as a payment plan and a grace period of about one year, for people to pay for the new plates.

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What Uganda needs to overcome impasse with the World Bank

There has been a significant standoff between President Museveni and the World Bank over the latter’s suspension of public funding to Uganda.

On Tuesday, August 8, 2023, the World Bank announced that it would be suspending any future funding for projects in Uganda over alleged human rights violations following the signing into law of the March 21 Anti- Homosexuality Act.

The World Bank is one of the Bretton Woods institutions that was created to reduce poverty by lending money to governments in low-developed countries with an aim of improving their standards of living.

Currently, the World Bank funding portfolio for Uganda is at $ 5.2 billion and is being used to run several projects like the Uganda Climate Smart Agricultural Transformation Project, Electricity Access Scale-up Project and the Uganda Support to Municipal Infrastructure Development Program, etc.

Regardless of the suspension, World Bank has promised the current fund portfolio will not be affected as some of the monies for these projects has already been disbursed with some of them nearing completion. The president, on the other hand, came out to criticize the suspension of new funding and promised to find alternative sources of funding.

This standoff could have dire economic and fiscal consequences that might inevitably be felt by the country, especially the taxpayers. Immediately following this suspension, for example, the state minister for Finance, Henry Musasizi, informed parliament about government’s intention to revise the National Budget to ensure that its activities and operations maintain smooth running amidst funding constraints.

A report by the Daily Monitor has also indicated a decline in the value of Uganda’s currency which also appears to be headed for its biggest fall since 2018. The revised budget and a drop in Uganda’s currency value are some of the many significant consequences of World Bank’s actions.

This might lead to Government of Uganda carrying out desperate and aggressive techniques in order to soothe the impasse and obtain money to fund its budget. Some of these policies include imposition of austerity measures like reducing travel for government officials, retaining allowances for public servants, delayed payments for government-procured goods and or services, laying off of workers, among other measures, which might be adopted in the near future.

These is also likely to be more aggressive tax collection and enforcement measure aimed at increasing revenue to meet the budgetary needs. In fact, the president once hinted on this during his budget reading speech when he intimated that Uganda Revenue Authority was under collecting taxes and that Uganda’s tax-to-GDP ratio of 13 per cent was ‘unserious’.

He went on to challenge the revenue body to replicate countries like Holland whose tax-to-GDP ratio currently stands at 39.7 per cent. With this aggressiveness, taxpayers are likely to receive several assessments from URA. This, however, is not the ultimate solution.

If Uganda is to achieve economic independence, in light of the World Bank’s actions, there would be need to come up with more efficient tax and revenue policies that ensure maximizing revenue collections and minimizing leakages or hemorrhage.

The first would be to streamline the exemptions policies across all tax heads. According to a 2019 report on tax exemptions by SEATINI-Uganda, the country lost over Shs 2.8 trillion in tax exemptions for the financial year of 2022-/2023. This constituted six per cent of last year’s budget.

Cutting down on these exemptions would not only raise the tax collectable but would also mean that entities that were erstwhile non-taxpaying would get involved in the grand plan of developing Uganda. There is need to also rationalize and streamline the refund claim under Uganda’s Value Added Tax regime.

The current practice is that taxpayers are allowed to claim excess VAT paid on purchases which is at times higher than the VAT that the taxpayer collects from his customers. The challenge with this is that it creates opportunities for abuse which leads to revenue leakages as taxpayers overclaim their refunds mainly based on fictitious invoices being issued.

The revenue administration should also spread the tax compliance gospel to various Ugandans. By increasing the level of tax compliance, there would be a drop in the money spent in ensuring that debt arrears are collected. Tax audits would also easily be carried out without several intricacies caused by aggressive tax planners.

Additionally, there would be need to incentivize payment of taxes in order to encourage compliance among taxpayers. These incentives, however, have to be non-tax-based. Interest and penalty can be waived for most compliant taxpayers if the payments are made within a specific quarter of the financial year.

This would encourage timely payment of taxes which would increase the money within government coffers to help in financing the already affected budget and ensure that the government programs and operations have a smooth running.

As a result, the effects of the World Bank Group suspension of funding would not have dire effects on Uganda.

The Writer is an Advocate of the High court and a tax expert

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South Sudan, Uganda yet to resolve captured grains

Uganda still has to negotiate with the government of South Sudan for the release of dozens of trucks that were impounded for containing grains contaminated with aflatoxins.

In May, the government of South Sudan impounded 90 trucks from Uganda that had crossed into its territory carrying grains, mostly maize, that were not fit for consumption.

The trucks carried other foodstuffs such as beans, sorghum, cassava flour and finger millet. Aflatoxins are a type of fungi that are found on agricultural crops such as maize (corn). Exposure to aflatoxins is said to increase the risk of liver cancer.

The Uganda National Bureau of Standards confirmed that some of the produce in the Ugandan trucks had tested positive for aflatoxins.

“Traders dealing in the supply of the above commodities should comply with the requirements of safety and quality standards and must seek certification of such commodities from UNBS before putting them on both the domestic and export markets,” UNBS advised.

The capture of the trucks has created a trade standoff between the two neighbours, with tensions cooling recently after South Sudan released 23 trucks in June. South Sudan promised to release the rest of the trucks in the weeks ahead, but no formal announcement has been made on whether they have been let go. Negotiations by the different trade bodies of the two countries are ongoing.

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Lands ministry rolls out second housing symposium edition

In a collaborative effort, the ministry of Lands, Housing, and Urban Development (MLHUD) and Habitat for Humanity Uganda (HFHU) unveiled the second edition of the National Housing Symposium, set to take place on October 5, 2023, at the Mestil hotel in Kampala.

The National Housing Symposium is a national-level event to mark International Habitat day and World Urban month. It will bring together public and private sector housing partners and key stakeholders from across the housing sector’s value chain, along with international and national delegates, to share knowledge, emerging best practices, innovations, and lessons around affordable housing.

It will also discuss the progress of achieving access to affordable and decent housing for all through the implementation of the new urban agenda.

This year’s symposium theme is “Affordable Housing in urban informal settlements as a driver for economic growth.”

At the media launch of the housing symposium, the chairperson for Habitat for Humanity, Robert Waggwa Nsibirwa emphasised the increasing demand for decent housing in the country and stressed the need for collaboration among all stakeholders in the housing sector to address this issue.

He reported that the Ugandan government, in partnership with organisations like UNDP, KCCA, and cultural institutions, is coming together to find solutions within communities. He noted that Habitat for Humanity Uganda, as an organisation, has actively provided affordable housing in rural areas and is dedicated to continuing these efforts in the future.

He also mentioned their collaborative work with partners to tackle affordable housing in slum areas and informal settlements across urban centres, cities, municipalities, and towns.

“Ensuring adequate housing is a fundamental goal; and we are committed to contributing to the reduction of housing poverty in Uganda. Housing poverty leads to various negative consequences, impacting both physical health and mental well-being,” Nsibirwa said.

Habitat for Humanity is in the process of preparing the launch of 47 houses constructed in the eastern part of the country, specifically in Mayuge and Kumi districts. This initiative aligns with this year’s resolution to reduce the housing deficit in Uganda.

The organisation has more plans to be revealed in due course. Dave Khayangayanga, the director for Housing at the ministry of Lands, highlighted the urgent housing deficit in Uganda, currently reaching 2.4 million units, emphasizing that approximately seven million individuals across the country require affordable housing solutions.

On his part, Robert Otim, the Habitat for Humanity National director, mentioned that the upcoming symposium will cover various topics, including micro-level financing and evidence-based research related to affordable housing in Uganda. He highlighted Habitat for Humanity’s “Home Equals” campaign, aimed at gathering resources to help informal communities with necessities like clean water.

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