Makerere accused of defying court order to demolish Katanga land structures

Makerere University officials have been accused of defying court orders by demolishing structures on the disputed Katanga land.

In March, the High Court issued a temporary order stopping any government employees or its agents  from evicting more than 50,000 occupants, among them Pastor Daniel Walugembe on Katanga land near Wandegeya until the final disposal of the main case.

The court also halted any criminal investigations against Pastor Walugembe in respect to the dispute over Katanga land and also stopped the government agencies from interfering with any developments on the land in dispute.

The court order was issued against the Attorney General, the director of criminal investigations, the commandant of the land protection unit of the Police, and the Police.

However, it is alleged by locals that on Thursday morning,  a group of people commanded by Makerere University security officer, Ivan Tenywa while guarded by armed men, attacked and demolished structures in Busia Zone, Wandegeya Parish which is part of the disputed Katanga land.

Residents and their leaders said that the attackers stole property which included a wire mesh, iron bars, Concrete poles, iron sheets in the midnight action in violation of court orders.

Abdu Ssekajja, a local area leader in Busia Zone appealed to authorities to intervene to compel Makerere University and its agents to abide by the court order and desist from exercising impunity because the attackers were guarded by men in army uniform.

He said that the attackers destroyed a fence and a garage as well as taking the items which affected peoples’ businesses in the area.

Pastor Daniel Walugembe protested against the demolition saying that it is an act of impunity by government agents taking the law in their hands.

“We have instructed our lawyers to institute both criminal and civil proceedings against any institution behind these demolitions and individuals because this is contempt of court,”  Walugembe said.

He added that cases of malicious damage to property, theft, criminal trespass and abduction of our guards shall be opened against any perpetrators of the demolition.

Thomas Bagonza, the area councilor at Kawempe Division condemned the demolition saying that the act amounts to violence and disrespecting the laws by the government agents.

“We are going to take legal action against anyone in this case. We were declared bonafide lawful occupants and the decision of the court has never been overturned but instead it is being infringed,” Bagonza said.

However, when contacted for a comment, the Makerere University security officer, Ivan Tenywa who is said to have commanded the operation denied any wrongdoing.

“I don’t know anything about what you are saying,” Tenywa told the Nile Post in a brief phone interview before hanging up.

Background

In 2015, the High Court ruled that the Katanga Valley land was occupied by four family members and their licensees who are now bonafide occupants whose rights are well protected under the laws governing ownership of land.

The four family members are Jonathan Yosamu Masembe, Blasio Buyisi, George Kalimu and Samalie Nambogga. They are battling with Makerere University and the Commissioner Land Registration over cancellation of their land titles and ownership of the land by Makerere.

In April this year, the court stopped Kampala Capital City Authority (KCCA) from demolishing structures on Katanga land until determination of pending disputes.

The order was issued against KCCA and its deputy executive director, Eng David Luyimbazi.

 

 

 

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