Why reclaiming Masaka Children Park isn’t easy

The controversy surrounding the irregular sale of Masaka Children’s Park sends a clear signal that more prime public properties in the city are not safe.

The disputed piece of land measuring 2.07 acres (about 0.837 hectares) on Plot 64-74, Elgin Street, was originally gazetted as a children’s park. Vendors had been occupying it since 2018, until August 7 when they were relocated to their new market.

But on the night of  August 12, unknown people fenced the park with iron sheets.

This did not go down well with city dwellers, who on the following morning, with the backing of area legislators: Dr Abed Bwanika (Kimaanya/Kabonera) and Ms Juliet Kakande (Masaka City Woman) stormed the park and attempted to pull down the iron sheets before police dispersed them with teargas.

The disputed land is adjacent to the Masaka Secondary School main gate.

Last week,  city mayor Florence Namayanja stunned city dwellers when she revealed that the parkland is currently owned by Ms Sylvia Nagujja Lutta, a member of the late Kampala-based businessman Francis Kakumba’s family.

The latter allegedly obtained a freehold title on August 17, 2011.

However, there was already another leasehold title of 99 years acquired on January 1, 1959, by then Masaka Town Council, which morphed into a municipality and recently a city.

“ I assumed office two years ago when the Children’s Park had already been sold off, it is very unfortunate that people who could understand this are the ones politicising this whole issue for their selfish interests,” she said.

She added that those dragging her name in the irregular sale of the park simply want to dent her career.

“If one of those MPs wants to become the mayor, let them declare intentions rather than bringing an issue where I played no role. If the title is in someone’s name, will it be fair to say the park is ours?”  Ms Namayanja asked.

Ever since the controversial sale of the park became a matter of public discourse, the city speaker, Mr Tonny Ssempijja, avoided talking about it.

He, however, said: “My friend, that land was sold way back before the current leadership assumed office .” 

Those familiar with  Masaka  City administration's internal works consider the Children Park a ‘gone case’  and add it to a long list of properties that the city has lost in dubious transactions in the past years.

“That is how the Mayor’s Garden, Kkumbu Estate and many other properties went. I can assure you that those trying to save the park are fighting a losing battle,” Mr Joseph Ssenzonga, a senior citizen and chairperson of Soweto Ward, said. 

According to Mr Ssenzonga, it could have been easier to push the private investor off the public land if the current city leadership had been cooperative and ready to cancel the alleged fraudulent transaction.

“But some key city leaders like the mayor, speaker and a host of councillors seem contented with what was done and show no interest in pursuing the matter. The other day the speaker said it will be a waste of time and taxpayers’ money to go to court, this is ridiculous,” he said.

Currently, the disputed parkland is heavily guarded by security personnel.

Mr Swaibu Sulambaaya, a social activist and chairperson of the Southern Region Social Rights Association, said if the authorities fail to play their part, city dwellers will fight back and save the park.

“We all know that land was gazetted as a Christian park and we are ready to defend it at all cost. The title which the developer possesses was issued when the lease given to the city council still had 47 years to elapse,” he said.

Kimaanya/Kabonera Municipality mayor Steven Lukyamuzi, who previously served as  Masaka Municipal speaker between 2011 and 2016, says he will challenge the irregular sale of the park in courts of law.

 “It is not true that the disputed piece of land was sold off during his tenure. I was the speaker in 2011 and no council minute nor resolution is okaying the sale of that specific property to any private developer,” Mr Lukyamuzi said.

“I am going to drag the city council and developer to court to challenge the process in which that land was disposed of,” he added.

Dr Bwanika and other Opposition leaders said they would not relent in the quest to save the Children’s Park.

“It is evident that Ms Namayanja has embarrassed us as NUP members, whatever the case, she should have been on the side of the people. We apologise to the Masaka people for giving them a self-centred mayor, we didn’t know,” he said.

On Tuesday, the deputy city clerk, Mr Richard Mugisha, gave credence to reports that the park was fraudulently sold off.

Responding to Ms Kakande’s August 2 letter, Mr Mugisha said Ms Lutta never requested for possession of the parkland as claimed by Ms Namayanja.

“ …to the best of my knowledge and records available, there is no such a request ever presented to the office of the town clerk,” the letter reads.

On the issue of the hoarding permit issued by the council allowing Ms Lutta to fence off the park, Mr Mugisha said such a permit was never granted and the fencing of the park was done illegally.

“…on the certified search report for Plot 64-74 Elgin Road, I wish to state that there is no such report on file because when a request for the search was made to the Principal Assistant Secretary, Masaka Zonal land office on August 9, the response was that Plot 64-74 Elgin Close shows no matching records in the Land Information System(LIS 0),” the letter reads in part 

Lawyer’s view 

In an earlier interview with this publication, a Masaka-based lawyer, Mr Sam Ssekyewa, said in situations where there are two title deeds on the same land, the first title is considered under the law.

“The law envisaged such a scenario and the Commissioner of Land Registry under  Section 91 of the Land (Amendment ) Act, 2004 has the powers to cancel the second title for having been issued in error,” he said.  

Mr Ssekyewa said some people in land offices usually base their decisions on the information in the system to issue new titles rather than coming on the ground.

“Sometimes they take a long time to update their data and when they issue a certificate that overlaps another certificate it is an error,” he added.

Lost titles

Last year, it emerged that a total of  20 land titles owned by the city were missing.

The city property inventory indicates that the affected properties include Kkumbu Playground, Masaka Regional Referral Hospital mortuary, Masaka Central Market, Katwe Market, Masaka Bus Park, and Mayor’s Chambers.

Others are Old Kkumbu Estate, Lions Nursery School, Masaka Public Library, Kkumbu Forest Reserve, Transit Parking Yard, Kyabakuza Health Centre II, Kimaanya residential house, Kimaanya Kabonera Sub-county headquarters, Bwala public playgrounds, City yard, Masaka Golf Course, and several green belt spaces and plots.

It is still unclear how and when the titles were lost.

Masaka leaders have over the years faced public criticism over illegal parcelling out of public land and open spaces to private developers. Some of the properties so far sold off include the Mayor’s Gardens, Children’s Park, Town Clerk’s residence, Old Kkumbu Estate, public cemetery, and a host of green belts and forest reserves.

In June 2015, the High Court in Masaka issued an injunction suspending the district land board from conducting any transactions on land and properties owned or managed by the council.

This followed an application filed by some council authorities challenging what they termed as continued irregular sale and allocation of public land.

In 2021, Mr Steven Asiimwe, the then Masaka Resident City commissioner, petitioned the Ministry of Lands, Housing and Urban Development to carry out an independent land audit following the rising land cases in the area. However, the ministry has yet to respond to these concerns.

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