By The Insight Post Uganda
Mukono-Uganda
Tensions are running high on Mbeya Island, as residents fear for their homes and livelihoods. The cause of their distress is, Major Mark Wanyama, a senior Army officer in Uganda People’s Defence Forces (UPDF), who claims the seven acres of land situated at Mbeya Island, close to Katosi landing site in Mukono district.
Despite a temporary injunction issued by the Magistrates Court in November 2019, which has yet to make a final ruling on the case, the officer is allegedly threatening to use his military might to take possession of the land.
The situation has sparked outrage among the island’s residents, who feel that their rights to due process and rule of law are being undermined. Adding to their anxiety is the fact that police officers who would investigate the matter were reportedly powerless after being threatened by Wanyama and his associates.
As the dispute continues to simmer, the question of whether the military might prevail over the principles of the rule of law remains a pressing concern for all involved parties.
How Trouble Started
In September 2019, a group of land brokers went to Jackson Twinamatsiko’s residence in Kigunga, a suburb of Mukono District.
It is said that Twinamatsiko had tasked the brokers to scout for land near the shoreline of Lake Victoria. They had identified around seven acres of land situated at Mbeya Island, near the Katosi landing site.
The land in question was originally owned by Francis Tyaba, who is now based in the United States. However, the administration of the land was in the hands of Joyce Lutaaya, who had been granted powers of attorney in 2008.
This allowed her to conduct transactions on behalf of Tyaba, who lived on a different continent.
Upon receiving word that the land he had been seeking was available, Twinamatsiko dispatched emissaries to visit the site and confirm its availability.
According to Twinamatsiko, the emissaries found that the land in question was part of a larger chunk of land measuring 23.9 acres (9.7 hectares), of which 16 acres had already been sold to Major Mark Wanyama, leaving 7 acres available for purchase.
To ensure that the land was free from any legal encumbrances and that the powers of attorney claimed by Joyce Lutaaya were legitimate, Twinamatsiko conducted a search of the land’s ownership records at the Ministry of Lands.
Following his assessment of the land and its ownership, Twinamatsiko selected Michael Higenyi to act as his attorney and oversee the transaction.
After reaching an agreement with the landowners, he was required to make a commitment fee payment of Ugx20 million towards the total amount of Ugx70 million which he did on November 6, 2019 through his DFCU bank account.
The remaining balance of Ugx50 million was due before the end of the month, and Twinamatsiko made the payment on November 20, 2019. According to him, his attorney was expected to draft a sale agreement with Joyce Lutaaya and the other sellers of the land at a later date.
However, upon realizing that Twinamatsiko had bought the remaining 7 acres of land, Wanyama, the person who purchased the first 16 acres of land was dismayed.
“He (reportedly) said he wouldn’t be a neighbour to someone from Western Uganda and immediately reached out to the sellers to immediately stop the deal,” a source that asked not to be named told this website.
Moving on, the sources so close to the two parties, Joyce Lutaaya and Mark Wanyama, have revealed told us that Lutaaya agreed to pay Twinamatsiko a sum of Ugx 70 million plus an additional Ugx 15 million per acre for the remaining 7 acres that had already been paid for by Twinamatsiko.
On November 24th, 2019, Lutaaya refunded the sum of Ugx 70 million to Twinamatsiko’s DFCU account through her Nono Boutique. However, Twinamatsiko refused the refund and took the matter to court.
Twinamatsiko argued, “I did not lend Joyce money that she could later pay back. Rather, I had purchased the land, and the allegations being made by the other party are baseless and not supported by law.”
As a result, on November 27th, 2019, the court issued a temporary injunction against Joyce Lutaaya that prevented her from selling the land until the main case on Plot 9, Block 494, Kyaggwe, was resolved.
Twinamatsiko requested the court to seize the illegally deposited Ugx70 million from his account to cover any potential legal consequences, and a caveat was placed on the land.
Three months after these events, another group of brokers approached Twinamatsiko, attempting to sell the same land. This time, they had a land title in the name of Mark Wanyama, who was accused of being involved in the land grab.
Instead, he took swift action and went to the Zonal Lands office with relevant documentation, leading to the annulment of the brokers’ forged land title.
During the court hearing, it was discovered that Maj. Wanyama had an agreement dated April 6th, 2019, indicating that he had purchased 16 acres of land.
Still, the same court discovered that the officer had two additional agreements, which were forged suggesting that Wanyama had also purchased 7 acres of land on November 19, 2019, after Twinamatsiko had paid a commitment fee of Ugx20 million. Another agreement was showing that Wanyama purchased 25 acres of land on April 6, 2019.
This, actually, meant that he (Wanyama) now holds 48 acres in a place which only has 23.9 acres.
Court Grants Interim Use Of Land
However, the court granted Twinamatsiko an interim use of the land pending the final court decision, which angered Wanyama.
The charged officer then hired a group of men who went to the land and severely assaulted some of Twinamatsiko’s workers and destroyed various tree species which had been planted on the land.
A number of Twinamatsiko’s workers were physically assaulted during the incident, with one even being stabbed, resulting in serious injuries.
The attackers also set fire to various properties belonging to Twinamatsiko, including temporary shelters that had been erected on the land.
Upon realizing that no action was taken by the police after documenting the damage caused by Wanyama and his associates, Twinamatsiko reported a case of contempt of court at the Magistrates Court in Mukono.
Upon learning of the case, however, sources say that the UPDF major hired a team of soldiers, led by Prince Juuko, who stormed the scene on October 29th, 2022and destroyed the remaining property and further assaulted ten of Twinamatsiko’s workers including- Alex Akampulira, Asiimwe Veleriano and others.
According to Richard Lubwama, a resident in the area who witnessed the incidents, the soldiers, allegedly on orders from Wanyama, engaged in activities that could have resulted in the loss of lives.
Twinamatsiko Petition, Fruitless
Despite repeatedly petitioning various offices such as the Inspector General of Police, Commander in Chief, Chief of Defense Forces, Inspectorate of Government, and Ministry of Security, Twinamatsiko’s efforts have yielded no results.
The only response he has received is from General Wilson Mbasu Mbadi, the Chief of Defense Forces (UPDF), who engaged the Chieftaincy of Military Intelligence and Chief of Legal Services, but little action has been taken and the attacks and threats continue.
Another attack happened two weeks ago living Twinamatsiko’s worker –Namara with grave injuries. He was rushed to Mulago Hospital n very critical condition. However, the police in the area have not taken any action, and no arrests have been made.
But, the Kampala Metropolitan Spokesperson, Patrick Onyango, stated that Namara was part of the team that attacked and destroyed Wanyama’s house. The police statement does not specify whether the suspects were intercepted on land or water.
However, after the State House Anti-Corruption Unit was petitioned, some of the wrongdoers were immediately punished. Wanyama appears to be frustrated with the legal system and has vowed to use any means necessary to reclaim the land.
One of his workers at the farm located in the same area has repeatedly stated that violence is the only option Wanyama has to remove Twinamatsiko from the land because he hates his tribe and he’s greedy for the land.
Wanyama is adamant that he won’t allow Twinamatsiko to take over the land, even if it means he has to die. “He has a feeling that he will one day force me off that land. Suspects who destroyed my properties were released by police,” Wanyama insists.
At present, the Criminal Investigations Department, including the CID Commander, is working towards finding an amicable solution to the issue, specifically identifying the culprit behind the property destruction, as both parties deny responsibility.
Meanwhile, the court has not yet made a ruling on the land ownership matter.
Tribal Sentiments
Apart from greed for land, the clashes between the Wanyama and Twinamatsiko could be rooted in tribal sentiments. Uganda is a diverse country with over 50 tribes, each with unique cultural practices, beliefs, and customs.
The fact that the UPF Officer and the prominent businessman come from different tribes may have fueled the tensions between them. Tribalism can manifest in various ways, including a sense of superiority or inferiority, stereotypes, and prejudice.
If either party harbours negative feelings towards the other’s tribe, it can create a hostile environment, and any disagreement or conflict could easily escalate into a larger issue.
While the country has made strides towards promoting unity and inclusivity, tribalism remains a deeply ingrained issue that has the potential to divide communities.
Tribalism in Uganda has been known to cause violence and conflict, as evidenced by historical events such as the Rwenzururu kingdom clashes and the Kasese massacre.
If the clashes between the UPF Officer (Wanyama) and Twinamatsiko are indeed rooted in tribal sentiments, there is a risk that it could lead to a wider conflict, affecting not only the two parties but also their communities.
“It is, therefore, crucial to address any tribal sentiments that may be fueling the tensions and promote unity and inclusivity as a way of preventing tribal clashes,” an elder in Mbeya island advised.
It is also important to hold individuals accountable for any actions that promote tribalism, including hate speech or discrimination. “By addressing tribalism, Uganda can move towards a more peaceful and cohesive society where diversity is celebrated,” he states.
Military Might vs. Rule Of Law
The Insight Post Uganda analyst has said that the impact of military officers undermining court decisions can have severe consequences on the rule of law and the overall stability and functioning of a country’s legal system.
According to the analyst, some potential impacts include;
Erosion of public trust: When military officers undermine court decisions, it undermines public trust in the impartiality and fairness of the judiciary. This can lead to a loss of confidence in the legal system and a breakdown of the social contract between citizens and the government.
Encouragement of lawlessness: When military officers undermine court decisions, it can send a message that the rule of law does not apply to them, and others may follow suit. This can create a culture of lawlessness and impunity, where people are emboldened to flout the law.
Undermining the separation of powers: The principle of the separation of powers is a cornerstone of a democratic system, where each branch of government has distinct responsibilities and limits on its power. When military officers undermine court decisions, they are effectively disregarding the authority of the judicial branch and infringing on its independence, which can weaken the overall system of checks and balances.
Risk of violence and conflict: When military officers undermine court decisions, it can create a situation where conflicting parties may resort to violence to resolve disputes. This can lead to instability, insecurity, and even conflict, which can have far-reaching consequences for society.
‘It is crucial for military officers to respect the authority and independence of the judiciary and uphold the rule of law,” he summarises.
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