Jailed lawyer Mabirizi in court over environmental degradation charges against Ruparelia
Jailed city lawyer, Hassan Male Mabirizi arrives at Entebbe Grade One Magistrate on April 13, 2022 to challenge a court decision that allowed the DPP to take over his case against Ruparelia Group of Companies for allegedly dumping soil in Lake Victoria. PHOTOS/ IVAN KAMANA WALUNYOLO
Jailed city lawyer, Hassan Male Mabirizi today appeared before Entebbe grade one magistrate to challenge a decision by Entebbe Court to allow the director of public prosecutions (DPP) take over his case to prosecute Ruparelia Group of Companies for allegedly dumping soil in Lake Victoria in Kitubulu, Katabi town council.
Mr Mabirizi who came to court carrying several files and flanked by prison warders contends that upon court decision to grant the DPP rights to prosecute the case, he (Mabirizi) was not notified nor a copy of affidavit given to him.
Therefore, Mabirizi who's currently serving an 18-month prison sentence for contempt of court in another case, wants court to overturn the decision so that he can continue prosecuting the comapny.
The state prosecutor who represented the DPP, Mr Timothy Amerit informed court that the maverick lawyer would be availed with a copy of the affidavit since his whereabouts had not been known by the time court made the decision under contention.
The Grade One Magistrate, Ms Elizabeth Kabugho then set May 20, 2022 for hearing of his case.
Mabirizi’s appearance in court followed a production warrant issued early this month by Ms Kabugho to allow him participate in the proceedings. Mabirizi is serving an 18-month jail term at Kitalya Prison.
The case against the company under the watch of businessman Rajiv Ruparelia as its managing director, was first taken to court by Mabirizi, who instituted private prosecution proceedings last December.
However, on January 20, when Rajiv was expected to take plea, state attorney Timothy Amerit presented a letter dated January 6 stating that the DPP was interested in taking over Rajiv's case file. Mabirizi however, protested the move.
Mabirizi then argued that the case should be adjourned to a date when Rajiv is able to attend court, take plea and listen to the proceedings, including submissions for and against DPP taking over the case file.
Amerit cited Article 120 of the 1995 Uganda Constitution which provides powers to the DPP to take over proceedings initiated by individuals or other authorities at any stage. However, Mabirizi protested, saying the DPP wants to ‘kill’ the case. He added that it’s unconstitutional to hear the case in Rajiv’s absence.
As a result, Amerit and Mabirizi asked the judicial officer to issue criminal summons against Rajiv. Kabugho however, did not pronounce herself on either issue. She instead adjourned the case to February 21.
On February 21, Rajiv was expected to take plea and the magistrate was also expected to deliver her ruling on whether or not the DPP has powers to take over the case file from private prosecutor Mabirizi.
However, Rajiv, Mabirizi and the state attorney Amerit were all absent. Rajiv's lawyer Nelson Walusimbi then told court that his client could not attend court because he was indisposed. He said that Rajiv had contracted the COVID-19 virus and was in self-isolation at the time.
Kabugho noted that Amerit had communicated that he was undertaking a week-long training and would therefore, not attend court. Mabirizi did not communicate his absence. At the time, he was in hiding after the High court sentenced him to serve an 18-month jail term.
Kabugho then adjourned the case to March 9 to enable the accused person, the private prosecutor or his representative and the state attorney to attend court. However, the proceedings failed to take off because Rajiv again did not appear in court. Kabugho then issued criminal summons against Rajiv to compel him to appear on April 13.
Mabirizi said he moved to initiate private prosecution proceedings against Rajiv as a responsible citizen because the National Environment Management Authority (NEMA) and police would most likely not arrest or charge him for dumping soil in the lake due to his wealth and influence in the country.
He accuses Rajiv, the managing director of Speke hotel of undertaking activities in the protected zones along riverbanks, lakeshores, and natural beaches contrary to Section 53 of the National Environment Act, 2019. The same Act provides for penalties, whereby a person on conviction may pay a fine not exceeding Shs600 million or serve not more than 12 years in jail or both.
In December, NEMA ordered Speke hotel to remove all the soil it had dumped on the fringes of Lake Victoria shorelines before it can be allowed to resume construction works in Kitubulu, Katabi town council.
NEMA made the directive after Maria Assumpta Nakamya, a resident of Entebbe, complained about soil being dumped into the lake. The authority and police officers visited the site and then met with Ruparelia Group officials who own Speke hotel over their activities in Kitubulu.
The authority noted that there were concerns of lakeshore degradation from soil siltation into Lake Victoria, contrary to conditions of approval in the Environment and Social Impact Assessment (ESIA) Certificate issued to the developer in 2020.
According to NEMA, Speke hotel acquired a permit to build a hotel where Ssese Gateway Beach was previously located with the condition of maintaining a buffer zone of 100 meters as provided for in the riverbanks and lakeshore use regulations, 2020. The hotel also applied for a permit to build a marina in the same place but NEMA, in a tweet on December 12, 2021, said the application was denied.
Last month, NEMA board of directors and management inspected the site to assess whether or not their orders had been implemented. The management ordered Rajiv to comply with environmental laws and added that the order to halt activities at the site still stands until further notice.
In an April 6 statement, the environmental watchdog insists that the proprietor has to first fulfil certain conditions aimed at protecting the lake before a permit is issued.
“…given that water levels have risen and covered part of the previously approved project area; and the fact that water levels will continue to fluctuate, Nema has set the following conditions to protect the lake, before the application for the Lake Shore User Permit can be considered;” a statement posted on the Authority’s website reads in part.
