Land probe: Interdicted government valuer grilled over Shs600b claim for dam land

KAMPALA. Interdicted senior government valuer, Moses John Magara is on the spot for allegedly approving claims for compensations worth more than Shs600 billion by a group of persons affected by the ongoing construction of Isimba and Karuma dams in Kayunga and Kiryandongo districts respectively.

Mr Magara, a land economist attached to the lands ministry was interdicted in October 2016 to pave way for investigations into accusations of professional impropriety in regard to valuation of a swamp at Shs18 billion in favour of Excellent Assorted Manufacturers.

The company owned by businessman, Ephraim Ntaganda has since sued government over the claim for compensation of the protected land excised by government for the construction of Entebbe Expressway.

It is alleged that in 2014 during his tenure as the senior government valuer, without instructions from his superiors approved the exorbitant claims for billions in favour of more than thirteen persons.

Evidence presented before the land probe shows that Mr Magara considered the compensation claims after initial compensations for the project affected persons had been completed and vacant possession already given by claimants.

They include; Disson Nsubuga, Berenado Ssajjabi, John Apoogo, John Wafula, Okuni Owori, Adiliano Okuni, Ali Kagoda, Celina Etapu and Rose Achieng who are demanding for Shs203 billion compensation.
Others are former Ntenjeru County MP, Tom Kazibwe Musisi and Entebbe Municipality Town Clerk Charles Magumba claiming for Shs132 billion through their lawyers of Kampala Associated Advocates and Galisonga and company Advocates. Other claimants Ms Ruth Sebadduka and Charles Matovu are also seeking for unspecified amount through another law firm.

At Karuma dam, it is alleged that Mr Magara approved valuation worth Shs2 billion in favour of Retired High Court Judge Ralph Ochan and that the value has since been paid while unspecified amount was valued and paid to former deputy prime minister Henry Muganwa Kajura for land in Kyangwari in Hoima District.
Energy Ministry officials reported that all the contested claims were approved by Mr Magara during his tenure.

Evidence presented yesterday indicates that a group of 13 people who are seeking for compensation of sand reserves and rock of their former land which they already transferred to government, have since separately sued government for compelling orders.

Appearing before the Justice Catherine Bamugemereire-led commission, Mr Magara was quizzed for over more than six hours in regard to post evaluations that committed government.
He is accused of failure to work diligently, causing financial loss to government, insubordination, acting with impunity, corruption and bribery that led to approval of payment to claimants.

Mr Magara described the accusations as unfortunate insisting that he acted diligently and that the awards were fair and accurate based on the expert opinion from the department of geological surveys and the legal framework.

“As senior officers, we were assigned powers to handle matters and conclude them on behalf of the Chief Government Valuer (CGV). The approval was based on the methodology and in view of the legal framework which allows valuation of other interests apart from land, crops and developments,” testified Mr Magara insisting that his decision was made aware to his superiors.

Witnesses told the land probe that on all the claims, Mr Magara in exercise of his personal interest issued request to geologists for assessment to form basis for him to approve payments thereby committing his employer, the government, to pay the questionable billions in compensation.

In a letter presented to the commission, Mr Magara is accused by his superiors of disregarding protocol, procedures and acting with impunity. But Mr Magara described the complaint as a calculation to injure his reputation.

“It is entirely not true that it was intended to cause financial loss and frustrate government project. We acted as an office of the CGV with instructions but the consequences were not foreseen. We were guided severally on the same matter but the opinion of the geology department was fair and accurate,” he said.

Mr Magara is one of the senior government officials quizzed in connection with the questionable compensation claims worth billions of Shillings against government in regard to the construction of Isimba and Karuma hydropower dams. Others include former permanent secretary in the lands ministry, Mr Gabindadde-Musoke, Mr Kazibwe and Mr Magumba as well as Eng. Peter Magambo, a civil engineer attached to Kagga and Partners consultant.

Last week the chairperson of Project Steering Committee of Karuma and Isimba dams, Eng Badru Kiggundu described the costs as exorbitant saying that the claimants are seeking for additional payments after they were fully compensated in 2014 for their customary interests.

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