UMSC seeks mediation in Muslim land wrangle

The controversy surrounding the sale of Muslim land at Bukiragi Village, Ntuusi Sub-county, Sembabule District, has taken a new twist with lawyers of Uganda Muslim Supreme Council (UMSC) seeking mediation with a group of Muslims who sued the top clerics over irregular sale of the property.
 The disputed land, which houses a ranch, measures approximately two square miles .
The clerics contend that the land was disposed of by UMSC without consent.

During a meeting with Ms Agnes Nkonge, the registrar of Masaka High Court,  in which both  parties were summoned to agree on how to proceed with the case on Wednesday, Mr Sam Ssegawa, one of the UMSC lawyers, said Muslim leaders led by the Mufti of Uganda, Sheikh Shaban Ramadhan Mubajje are ready to sit with the complainants to resolve the matter outside court .
This suggestion was welcomed by the complainants, but they insisted that the UMSC top leadership should refund the money to the buyers and change the property back into the names of UMSC.
“Mediation is good because it saves both time and money, but the mediation should aim at recovering the sold property, nothing else,” Mr Bashiru Lukawa, a lawyer for the petitioners,  said.

It is alleged that on June 24, 2020, the top Muslim leadership, in disregard of the interests of Islamic faith, sold land in Sembabule to businessman Arthur Kayanja.
In a case filed before the High Court in Masaka, a group of 11 Muslim leaders in Sembabule District, allege that the transaction carried out in the name of UMSC as the seller is tainted with fraud, irregularities and bad faith. 
Sheikh Mubajje is jointly sued with UMSC, Supreme Council Secretary General Hajj Ramadhan  Mugalu and businessman Kayanja.

It is alleged that the transaction was done on land under caveat and that it was purchased at a price below the fair market value to cheat the institution and government of its revenue.
The complainants are Ismael Weraga, Hussein Matovu, Isa Rukandonda, Hajj Yasin Lubowa, Abdu Nasiri Mugisha, Sheikh Abdullah Mutazindwa, Sheikh Jjuma Mukiibi, Musa Nzogiroshya, Sheikh Bruhan Zziwa, Sheikh Swaibu Kirumira, Abasi Mukiibi, Elias Taremwa Kayongo, Swaibu Kintu and Hussein Zirimenya.

Hajj Yasiin Lubowa, the chairperson of Masaka District Muslim land board, said the disputed land has a running lease given to Mr Albert Muganga of Enterprise Handling Services Ltd and his lease is still valid for six years and upon  expiry, Muslims will decide what to do with the land.
“As Mr Muganga’ s lease nears expiry, we want to have this land back into hands of Muslims for development purposes like other religious denominations  and use their properties to improve livelihoods of their people,” he said.

 Hajj Lubowa said Muslims have since 1995 lodged two caveats on the land and it is not clear how UMSC officials removed them and sold off the land .
Justice Nkonge asked both parties to return to court on June 10 for mention of the case .
The land in question was donated by former President Idi Amin Dada in 1974.
The UMSC top leadership denied selling the Sembabule land, but Hajj Mugalu later confirmed that the land  was disposed of at Shs3.5b because the council has allegedly not benefited from it over the years .
He said the proceeds from the sold land was later used to purchase an apartment in Nyanja-Ntinda, a Kampala suburb, which fetches Shs10m per month and another rental property at Nyanama Village off Entebbe Road, where UMSC earns Shs2.8m per month. 

In 2008 , UMSC leased Plot 30 on William Street,Kampala to businessman Hassan Basajjabalaba, who also later sold it to another city mogul Drake Lubega. The matter ended up in court with some Muslims accusing Mufti Mubajje of illegally disposing of the property, but the then Buganda Road Chief Magistrate Margaret  Tibulya  (currently judge of Anti-corruption court) acquitted  him.

Tibulya ruled that there was undisputed evidence to show that Mubajje had indeed disposed of the Muslim property .
This forced the dissatisfied group of Muslims  to set their base at Kibuli hill and elected the late Sheik Zubair Kayongo as its supreme mufti.
When Kayongo  died in 2015 , the group replaced him with Sheikh Silman Kasule Ndirangwa, who resigned last month .
The said property has since been reverted to Muslims and Sheikh Mubajje apologised for his wrongdoing.