Locals question how Hajj Mbabaali bought Lake Birinzi

When Bukoto South legislator, Hajj Muhammad Muyanja Mbabaali, acquired a land title for lake Birinzi, he did not imagine the attention it would attract given the fact that the natural resource is a public asset.
Lake Birinzi is one of the satellite lakes of Lake Victoria, only separated by a sand bar.
According to documents secured from Masaka Lands Zonal Offices, Hajj Mbabaali owns 640 acres of land which constitutes Lake Birinzi
The legislator insists he legally acquired the land around the lake in 1998 before it was gazetted.
Early this week, he revealed that he plans to set up an ice processing plant, fish farm, hotel and beach estimated to cost Shs12b, on the disputed lake.
“That place is privately owned. It had a small water body which kept expanding, but if government wants to take it, let them compensate me. If they don’t do so, I will definitely sue them,” Hajj Mbabaali said during an interview with Daily Monitor.
He, however, declined to reveal how he acquired the land and how much money he needs as compensation.
“Just know that I have a title and I am sure it is genuine,” he said.
Under normal circumstances, to acquire public land in a such place, one has to seek clearance from the area land committee before embarking on the process of securing a land title. Area land committees are mandated under the law to verify borders of land and rights over land so that approval of land transaction can be recommended.
Mr Fulgencio Buyondo, the Birinzi Village chairperson, said the area land committee was never consulted on the matter.
“I am surprised that he [Hajj Mbabaali] owns a title. We fetch water from Lake Birinzi and our animals drink from it, but he had fenced the lake until residents resolved to cut the barbed wires,” he said.
Other residents from Katwadde and Kisaaka villages also draw water from the same lake.
According to Mr Ali Wamala, the regional senior registrar of titles, there is no record in their computerised system indicating that Hajj Mbabaali owns a land title for Lake Birinzi. “If we had the block number or plot number, we could easily access it ,but his [Hajj Mbabaali] name does not appear anywhere in our system, may be it is in the old files,” Mr Wamala said.
He also emphasised that before giving out any titles, the area land committee inspects the land before the district officials and later the zonal land office approves and issues the title.
Mr Swaibu Sulambaaya, a Masaka-based social rights activist, however said area land committees no longer have relevance in land administration in the country since powerful individuals side-line them as they opt to deal directly with higher lands officials in government .
“Those committees [area land committees] exist, but they are undermined. They [members of communities] usually learn about land acquisitions in their areas in newspapers after people have already acquired land titles,” he said
According to Mr Denis Obbo, the Ministry of Lands spokesperson, one can acquire land in a protected area only when it is categorized as “former public land” .
“That[ former public land ] is land which was gazetted when residents were already settling on it, but if it doesn’t fall under that category it calls for parliamentary approval,” he said
In case of former public land, Mr Obbo said the applicant fills a form and follows the procedure through the area land committee to the district level and applies for a title through the Ministry of Lands in accordance with Public Lands Act 1969.
Mr David Kureeba, an environmentalist and programme coordinator at National Association of Professional Environmentalists (NAPE), said giving away Lake Birinzi to an individual will affect the biodiversity in the entire Nabugabo wetland system which covers 22,000 hectares.
Lake Nabugabo catchment area connects several rivers and wetlands in Masaka, Gomba, Mpigi and Kalungu districts and drains directly into Lake Victoria.
“ It’s not proper for a Member of Parliament who should be teaching people mitigating measures to claim ownership of a resource of national importance,” Mr Kureeba, said.
“Encroaching on such catchment areas compromises livelihood, water levels, aquatic life and wetland system,” he added.
Mr Kureeba said he doubts Mr Mbabaali owns a genuine land title, saying developers sometimes misinterpret user permits from National Environment Management Authority (Nema) as titles.
“Nema has a right to give leases to people in such areas [around rivers and lakes] only if the planned activities do not compromise biodiversity and when levels of deterioration are mitigated,” he said
But Hajj Mbabaali decries that his land holdings at Birinzi have been politicised by some local leaders who have interest in the same land. “That land is currently valued at Shs5b and some politicians in Masaka think they can demonize me and take my land, no way,” he said
He, however, denied reports that he fenced off the lake to bar residents and fishermen from accessing it.
“I am living in harmony with people around and they are free to access the lake including those who go there for cultural functions,” he said
Hajj Mbabaali’s disclosure comes a week after the State Minister for Lands, Housing and Urban Development, Dr Chris Baryomunsi, said government had resolved to cancel all land titles that were issued to developers in protected areas in all regions across Uganda .
According to the minister, a government statement will soon be issued officially informing individuals that their land titles in wetlands along lake shores and forests have been cancelled.
“All individuals with land titles in protected areas are put on notice and no one will be spared,” Dr Baryomunsi said.
He was responding to concerns raised by the Masaka District chairperson, Mr Jude Mbabaali, who claimed that Hajj Mbabaali possesses a land title for Lake Birinzi and the Lands Ministry had failed to cancel it.
“I am sure the MP [Hajj Mbabaali] illegally acquired the land title and has since fenced off the lake, preventing fishermen and other residents from accessing it,” he said.
“I sought the permanent secretary’s assistance to cancel the title last year, but I have received no response since then,” he added.
Dr Baryomunsi said cancellation of land titles in protected areas is in response to President Museveni’s directive to restore the heavily depleted environment .
Early last year, President Museveni said government had embarked on a long term strategy to recover, restore and protect all protected areas in the country. Ms Naomi Karekaho, the Nema public relations officer, told Daily Monitor that under the current legal frame work, no individual can claim ownership of a public natural resource.
However, she noted that one can apply to Nema and seek permission to utilise a piece of land neighbouring a lake or a river when it is 150 metres and 200metres respectively away from the lowest water mark.
“For the case of Lake Birinzi, the one claiming it is not known to us and he has not sought permission to put up any development,” she said.
Ms Karekaho advised Masaka District leadership to formerly petition Nema about the grabbing of the lake in order for the authority to take action.
According to Dr Baryomunsi, corruption among the Lands Ministry officials is a major challenge as many illegal land titles are issued out.
He also revealed that most of the illegal land titles were issued before digitalisation of land registration was rolled out.
“Now that an atlas was created, all wetlands, lakes and forests which belong to government were entered into the computerised system. It is now hard for anyone to claim ownership because the system rebuffs it,” Dr Baryomunsi said.

Encroachment of wetlands
Various developers have already acquired titles in wetlands and along lakeshore in Kalungu and Masaka District.
Pastor Samuel Kakande of the Synagogue Church of All Nations, acquired more than 40 square miles off the shores of Lake Victoria, part of which has wetlands and forests that have been greatly depleted.
In August last year , some wealthy private developers had started filling soil in Nakayiba Wetland near Masaka Town, but were blocked by Mr Mbabaali, who questioned how they acquired plots in a wetland.
Early this month, the Masaka Resident District Commissioner, Mr Herman Ssentongo, also halted illegal logging in forest reserves especially in Kachuchu and Mujjjuzi along Lake Victoria shores .
Both the Nation Forestry Authority (NFA) and UPDF have since suspended staff who have been conniving with timber dealers to deplete the forests.

Process of acquiring a land title

Application. A person has to go to the sub-county and pays Shs20,000 as application fee.
He/she fills forms 7, 10 and 23. ( Form 7 contains particulars of the applicant while 10 is a public notice form which alerts people about the person buying the land and whether there is any contention about the land. Form 23 is a demarcation form which members on the area land committee fill after demarcating the land).
Inspection. After filling the forms, one submits them to the sub-county and later to the area land committee. The area land committee then publicises the land within 14 days before it begins its inspection.
After the 14 days, the committee inspects the land and measures its size and a map is drawn on the same land with clear dimensions.
Inquiries are done and the village chairman is asked whether the land belongs to the person processing the title or not.
The neighbours and other residents are also asked what they know about the land
The owner then shows the committee boundaries of the land. After, the parties sign to confirm that the land belongs to the applicant or not.
The applicant has to present the purchase agreement.
The area land committee writes an independent report addressing it to the district land board and with a recommendation to give land to the applicant or not.
Members on the district physical planning committee visit the land together all technical people including the physical planner, environment officer, surveyor among others.
After the visit , they make a report and give a minute number which will recommend whether to give the applicant a title or not.
All the collected information is taken to district land board and a decision is taken to approve the application or reject it.
Survey. Cause to survey notice the land is given in case the application is okayed
Then the district land board forwards the file to the ministry zonal land office to issue the title.
Compiled by Gertrude Mutyaba,Al-Mahdi Ssenkabirwa
& Wilson Kutamba