Sheila Naturinda and Mercy Nalugo
24 September 2008
About one in four acres that Security Minister Amama Mbabazi and businessman Amos Nzeyi sold to the National Social Security Fund are in a wetland, the National Environment Management Authority confirmed to Parliament yesterday.
Nema Executive Director Aryamanya Mugisha yesterday told MPs investigating the controversial transaction that 116. 18 acres out of the 463.87 that NSSF paid for are in a wetland, which is protected from development under the law.
MPs on the Commissions, Statutory Authorities and State Enterprises committee had asked Nema to carry out an environmental audit of the land after Mr Mbabazi denied claims, made earlier by legislators after a visit to the site, that part of the land was a wetland.
Presenting a written and video report to MPs yesterday, Nema specialist Francis Ogwal said: "Approximately 25 per cent; 116.18 acres of the total area of 463.87 acres is a wetland," he said.
Yesterday's revelations mean that out of the 99.22 acres sold by Mr Mbabazi to NSSF through his company, Arma Limited, 41.75 acres are in a wetland. Out of the 364 .65 acres that Mr Nzeyi sold to the Fund, 74.43 acres are in a wetland. According to Nema, the wetland in Temangalo connects to two rivers; Kanyogoga and Kanywamusayi.
Ntenjeru North MP Sarah Nyombi asked whether an individual can have a title to a wetland but Nema lawyer Christine Akello said according to the Constitution, wetlands are public trustee resources. "You cannot alienate or obtain a title in respect to a wetland," she said. Both Mr Mbabazi and Mr Nzeyi have titles to all the land in question.
Yesterday's revelations left MPs concerned. "This is more or less an aggravated fraud," Lwemiyaga MP Theodore Ssekikubo said after the revelations. "You cannot sell all your goods hot air." Rubanda West MP Henry Banyenzaki shouted: "We move a (censure) motion."
Asked whether the fish ponds on part of Mr Mbabazi's land had been dug with Nema's approval, Dr Mugisha said: "We did not receive any submissions from the minister and so we did not carry out any environment impact assessment."
MPs are investigating the Shs11 billion deal over allegations of price inflation, violation of procurement laws and claims of political influence-peddling by a board member who has since said he was quoted out of context. The inquiries have since raised questions about the actual number of acres bought, their current ownership status, the fate of the people living on part of the land, as well as the claims that part of it is in a wetland.
All officials involved in the transaction deny any wrongdoing and NSSF officials say they bought the land in order to construct a low-cost housing estate. Asked whether Nema had been briefed about the housing project, Dr Mugisha said: "It is like putting the cart before the horse. As of now I do not know what NSSF is planning to do.
They are supposed to give us a project brief and we recommend whether the project is viable or not after the impact assessment report. Until they have submitted the necessary documents, I just cannot speculate." The environment added that the wetland in Temangalo can only be used for fish-farming, brick-laying and grazing animals "after Nema has approved those activities".
The Nema official dismissed claims by Kabula County MP James Kakooza that the NSSF planned to use the wetland as a green belt for a sewer system to serve the housing estate.
But Dr Mugisha said: "It's not necessary that one has to have a green belt in order to have a housing estate. One of the dangers facing wetlands is the sewerage systems; they don't have to be in wetlands because that would be very dangerous in cases where the wetland connects to the river or lake like in the Temangalo case."
The officials said owners of land adjacent to wetlands have a duty, according to the Constitution, the National Environment Act, the Land Act and the regulations on the Wetlands and Riverbanks and Lakeshores has a duty to prevent any degradation.
"Only regulated activities as required by the law and approved by Nema should take place. The channels that were dug on Plot 35 should be covered with soil to facilitate restoration of the wetland. This part of the wetland is important for flood control and regulation," Mr Ogwal told MPs. "Sections of the wetlands on Plot 12, Block 296 degraded from brick-making should be restored. This section of the wetland plays a very important hydrological function to the Mayanja-Kato wetland system," he added.
Meanwhile, Bibanja owners [tenants] on part of the Temangalo land have petitioned the committee claiming to be the rightful owners of the land which they claim was sold without their consent.
The petition was written in Luganda and signed by eight representatives claiming to be bona-fide occupants of the land.
"We have decided that these people come here and we hear their side of the story and see what the committee can do about it. They will appear here as our last witnesses on Tuesday," Bugweri MP Abdu Katuntu, also committee vice-chairman, said.
The committee continues its public hearings today with former health minister Maj. Gen. Jim Muhwezi, who sold land close to the area in question a few years ago but has been a vocal critic of the deal, before the NSSF management returns to wrap up its submission.
When Finance Minister Ezra Suruma faced the parliamentary inquiry on Monday, it was discovered that he had appointed business associates on the NSSF Board, approved the Temangalo transaction without information and unsuccessfully convinced NSSF MD David Jamwa and his deputy Prof. Mondo Kagonyera to resign.
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