Land probe: DPC contradicts self

John Bosco Suuza introduces the witness and asks him to take oath
Suuza: Please you state your name please.
Akankwasa: I am Akankwasa Bernard, a Superintendent of Police.
Suuza: How old are you?

Akankwasa: I am 45 years old.
Suuza: Where do you live?
Akankwasa: I live in Hoima District.
Suuza: What academic qualification do you hold?
Akankwasa: Senior Six.

Suuza: So you are a police officer, where do you operate from and how long have you been there?
Akankwasa: I operate from Hoima and I been there for three years.
Suuza: We have evidence before this commission that in 2015, you facilitated the eviction of a number of families from land in Bugaya block 6, plot 6, which previously belonged to Prince Herbert Rwakiswaza Kimera, now sold to Hoima Sugar Factory Limited. The eviction of these people was brutal and to make matters worse, it was in disregard of a court order. What do you have to say?

Akankwasa: What I can recall is that when Hoima Sugar Factory Limited bought that land in February 2015, there was a fight between the investor and the local people.
Suuza: What did you know about that fight?
Akankwasa: They complained to the Resident District Commissioner (RDC) who is the head of security.
Suuza: How did you get involved?

Akankwasa: The RDC requested for security from the district for the investor. The RDC called for a security meeting at the district and they agreed that we should provide security to the camp at Kiziranfumbi to protect the equipment, because when they tried to clear the bush, they got some attacks from people who did not want that factory to be there for reasons I do not know. Since I was tasked to deploy security and I did, they have been there for quite some time and up to date, security is still there.
Suuza: Tell us about the eviction?

Akankwasa: The evictions, what we did, the officers we provided did not evict, their work was to protect the equipment, clearing undeveloped land. They cleared, leaving some homesteads because people were living on that land and there was a court order that the said people should remain where they are.
Suuza: My interest is about those that left, how did they leave and where did they go?

Akankwasa: The information I have from the one who bought land is that for those who remained on the land were later compensated and left.
Suuza: Are you aware of an Internally Displaced Persons (IDP) camp in Hoima?

Akankwasa: I know that there are some people whom I cannot tell where they came from but some of them, I think, are those who were compensated. When they were clearing, there was a part that was left and some people started coming on it.
Suuza: When the investor went into trouble from people who were occupying that land, they went to court and the court issued an order. Did you see that order?

Akankwasa: Yes my lord. Only that I do not have it here but it was saying that people should not open new gardens and the investor should not exceed the already developed part.
Suuza: What that order means, because as of July 4 2015, this order referred to people on the land that they should not cultivate the suit land. Is this order still valid? Are these people still on the land?
Akankwasa: I think it is still valid and some people are still on the land.

Suuza: Those that were in contest with the sugar factory.
Akankwasa: I am not sure but the information I got from the one who bought the land is that they were compensated.
Suuza: We have evidence from a number of people from that area that they were evicted despite presence of the court order and they were evicted by the police. So we want to know your participation as police and you in particular.

Akankwasa: These people (investor) started clearing the land around 2013 as I was told by a person who bought the land….
Suuza: You had a letter from the registrar expressing concern that the court orders were not being respected and this did not concern you to ensure that the court order is enforced, that shows that there was something wrong. What was happening?
Akankwasa: Yes my lord, the order shows that there were people at that time and the time of the letter, people were not there.

Suuza: Now consider that together with the statement made by one of the witnesses we had here called Asaba Muhereza, (reads the statement) “…that after the issuance of the court order and the letter, instead Hoima Sugar Limited continued to demolish our houses and destroy our crops with the help of the police being commanded by the regional police commander (RPC) Charles Ssebambulidde and there came DPC Bernard Akankwasa, RDC Godfrey Nyakahuma and deputy RDC Ambrose Mwesigye continued with the exercise up to when we were totally evicted from our land and now we are living in camps.” You have been personally accused, what is your answer?

Akankwasa: If am being accused of deploying, I deployed but I did not participate in the eviction, I was not there.
Suuza: You have accepted that when these people were evicted, some remained there?

Akankwasa: Yes
Suuza: Then how do we believe you that you did not participate in the evictions, when you saw this?
Akankwasa: When they cleared the bush, some people who had their homesteads and gardens remained.

Suuza: So it is your testimony that they only cleared the bush.
Akankwasa: Personally, I visited the area with the judge, RPC; some homesteads were there but surrounded by sugarcane. They would clear and leave some gardens.

Suuza: When did you visit with the judge?
Akankwasa: It was in 2015 but I don’t remember the date, but I think after this letter.
Suuza: But before that letter and before you visited with the judge, the complainants had already been evicted from the land.
Akankwasa: Some homesteads were still there but some who had makeshifts had already left.

Suuza: How had they left? Under what circumstances?
Akankwasa: I can’t tell.
Suuza: So how did you know, because you said some people who had makeshifts had left.
Akankwasa: They were not there and structures were also not there. They were showing the judge that “my structure was here”.
Suuza: Why were they showing the judge where their structures were?

Akankwasa: After this letter, when the judge had come to confirm whether what they were telling him was the truth. We found out that some homesteads and gardens were still there and some people were staying in the camps on the land that was left when they were clearing the bush.

Suuza: Can we agree that there were evictions that took place whether before or after you visited?
Akankwasa: I sent about 15 policemen led by a certain sergeant, I don’t remember his names.

Judge: What happened on that day when the situation changed and you had to remove teargas?
Akankwasa: The locals wanted to attack the workers who were clearing the land with graders. It was on February 20, 2015.
Suuza: What did the report say that really happened?

Akankwasa: The report I got is that there was exchange between the policemen who were guarding the equipment and the locals.
Suuza: You are a very senior police officer and more knowledgeable in these things than I am. How could local people wake up one morning and decide to attack police officers who were simply guarding property at some place?
Akankwasa: They were against the development and the investor clearing more land. They called us and complained to the RDC and we went there for a meeting

Justice Bamugemereire: Could it be possible that the investor was clearing more land than what they thought was his?
Akankwasa: I am not sure my lord
Justice Bamugemereire: How come they were protesting after a certain point?
Akankwasa: They were against clearing the undeveloped land because it was more than the developed one.
Suuza: About how many residents were involved in this scuffle with your men?

Akankwasa: They were around 50 people.
Suuza: Any injuries or death reported?
Akankwasa: No.
Suuza: Is it true that at some point, the judge met you and the RPC and called upon you to respect his order verbally?
Akankwasa: Yes, my lord.
Suuza: Why did he do that?

Akankwasa: Because he was getting more complaints from the area.
Suuza: What were the complaints about?
Akankwasa: They were reporting that the investor was going ahead to clear more land, which they claimed was theirs and destroying their gardens.

Suuza: What was the directive from the judge?
Akankwasa: To remain where they were …
Suuza: To you as a police officer…

Akankwasa: To respect and enforce the order.
Suuza: I am taking you back to the question of IDP camp, is it still your position that you don’t know where those people came from? First of all, do you know where it is located?
Akankwasa: I know where it is located.
Suuza: Is it one camp or two
Akankwasa: I know one.
Suuza: Where is it located?

Akankwasa: In the area called Kijjaayo.
Suuza: About how many people are in that camp?
Akankwasa: I am not sure. About 200 people.
Suuza: Where did the 200 people come from? You are in charge of law and order in that area.
Akankwasa: There are some people who had been called to come and get land.

Suuza: Who called them?
Akankwasa: I think the local leaders but when that (undeveloped) land was cleared, they had nowhere to go.
Suuza: I don’t think I am getting your story. Why were they called at that very moment?

Akankwasa: I can’t tell, my lord.
Suuza: Have you talked to any of these people in the camp?
Akankwasa: No, my lord.
Suuza: You did not find it necessary to engage with them?
Akankwasa: I last went there when we went with the judge in 2015. And I left Hoima for like one year, then went back.
Suuza: How did you manage to go back to Hoima?
Akankwasa: It was on transfer.

Suuza: Did you request to go back to Hoima?
Akankwasa: We do not ask for transfers, my lord.
Suuza: Why do you think you were taken back to Hoima in such a short time?

Akankwasa: I do not know, my lord.
Suuza: Your name has been cited in other land eviction incidents. In the land claimed by a man called Joshua Tibagwa, you were cited, in the eviction of people from what is claimed to be Kyangwali refugee settlement, you name was cited, why were you always involved in these evictions?

Akankwasa: As head of security, my lord, when we are asked to do like Kyangwali land, it was the Prime Minister’s office.
Suuza: Did the Prime Minister’s office give you any court order?
Akankwasa: I only participated…
Judge: Who in the Prime Minister’s office asked you to get involved in Kyangwali?

Akankwasa: We worked with (Charles) Bafaki. I only participated when we were removing people from the sub-county but during the eviction, the forces that were used did not come from Hoima. They were brought from Kampala by Bafaki.
Suuza: What kind of forces are you talking about?
Akankwasa: It was Police Field Force Unit
Suuza: Was that extra-ordinary that they had to bring manpower from Kampala to carryout operation in Hoima and you were not aware?

Akankwasa: I was aware. They informed me.
Suuza: Why did they have to get manpower from Kampala?
Akankwasa: I don’t know, my lord. Because of lack of manpower in Hoima… Commissioner Joyce Habaasa: In what understanding did you allow the operation in Kyangwali to take place in such a magnitude? Did you also have a court order?
Akankwasa: In Kyangwali, I participated when we were removing people from the sub-county to their respective districts.
Habaasa: How could such an operation take place when the DPC was unaware?

Akankwasa: It was not organised by me; I was only contacted to provide escorts.
Habaasa: Which means you were aware?
Akankwasa: I was aware.
Habaasa: And you allowed the eviction to take place?
Akankwasa: It was organised by officers from the Office of the Prime Minister and through the RDC’s office. The RDC, being the head of security, he gave ago ahead.