Attorney General Kiryowa Kiwanuka and National Environment Management Authority (NEMA) have to defend themselves against twenty-four individuals who were affected by the 2024 Lubigi eviction who dragged them to Court claiming that their human rights were violated during and after the incident.
In their individual affidavit evidences, Prossy Namwima, Ruth Namuddu, Cissy Namawejje, Deborah Nakamya, Fred Mukulu, Ssalongo Charles Tibenkana, Musa Mwanje, Tadeo Ronald Mugume, Dorothy Nabakiibi, Annet Najjumba, Teddy Nabasenya, Honnah Katushabe, Diana Nakiganda, Jovial Ahimbisibwe, Blessing Kalungi, Noor Nakawesa, Sophia Kalule, Hoodu Kayondo, Deogracious Ntege, Julius Bagabe, Abdul Musanje, Madina Nantume, Kigozi Musoke and Gilbert Mwesigwa narrated how their human rights were violated during the evictions.
Their Human Rights Enforcement Application was filed at Makindye based Standard, Utilities and Wildlife Chief Magistrates Court and they await the respondents to file their defense.
The applicants insist that the accused government agencies violated their rights including their right to a fair hearing which is under Articles 28 and 44, right to property under Article 26, right to practice any lawful trade or business under Articles 40 and 45, right to freedom of movement, assembly and association enshrined in Article 29, right to life and adequate standard of living or housing enshrined in Articles 22 and 45, right to freedom of religion and worship and association enshrined in Articles Article of the Constitution.
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They want a court declaration that the actions of NEMA which were executed against them on 30th May 2024, 10th June 2024, 11th June and 17th June 2024 which resulted into their forceful eviction and demolition of their structures in Ganda Kawuwa, Kyebando Parish, Nabweru Sub- County, Nansana West II A zone, Ward, Nansana Municipality and Nabweru South, Cell I, Nansana Municipality all in Wakiso district purported to be a Lubigi Wetland was illegal because the respondents did not have a Court Order and did not comply with the due process as stipulated under sections 129-133 of NEMA Act.
They further want court to declare that the purported gazette of their land as wetland without a notice, hearing, or consultation, prompt and fair compensation infringed and violated their human rights as stated in the country’s supreme laws on the land.
They insist that the ongoing criminal trial against them which resulted from their arrest should be declared unconstitutional and with immediate effect they should be acquitted of the charges.
“A permanent injunction restraining the Government of Uganda or any state agency from further and/or future demolition of Citizens’ land fixtures in purported protected areas without Court Orders and without due process,” the application reads in part.
They want court to force the Attorney General on behalf of the government to compensate them the billions of monies they lost as a result of the evictions. They also want to be allowed to access their land and be compensated for the malicious criminal prosecution which NEMA is currently subjecting them to.
The application was filed days after lawyers protested the decision that the Standard, Utilities and Wildlife magistrate Alice Molly Adong placed on all the twenty-four accused person on defense.
She ruled that NEMA prosecutors convinced her that the accused persons intentionally encroached on the gazetted wetland in Lubigi and refused to vacate it even if the prosecutor’s field officers served them with the notice to vacate the said places.
However, the accused’s lawyers insist that there was no evidence that warranted the presiding magistrate to place their clients on defense noting that there was no registered gazette of Lubigi as a wetland which was brought to Court as evidence.
Most of the accused persons are sixty years and above and in their affidavits, they told court that they have been staying on the said land for more than fifty years and Ronald Muwenda Mutebi the Kabaka of Buganda through Buganda Land Board, his agency which is responsible for managing his land and that of the Kingdom, has been recognizing them and they have been paying rent to the landlord.
Namuddu, one of the accused persons pleaded for forgiveness from President Museveni and asked for help to start a new life instead of being persecuted by their own government which now wants to send them to prison as the presiding magistrate threatened.
