On October 2nd 2021, a Saturday, at about 7.30 am between the islands of Ssemuganja and Bufumira in Bufumira Sub County, Geoffrey Mbabazi, a supervisor for the Kyamuswa bit in the National Forestry Authority and Ibrahim Muyingo, a transport assistant under the National Forestry Authority impounded a boat sailing from Lwabaswa landing site in Bujumba Sub County to Kigungu, in Entebbe Municipality.
The boat which had 500 kilograms of Nile Perch and 500 kilo grams of Tilapia, 80 bags of charcoal, 20 life jackets, a 40 Yamaha Horsepower engine, 60 liters of petrol, 10 bags of cassava, 6 bags of sweet potatoes, 10 passengers, 100 kilo grams of cat fish, 9 bags of pineapples, 16 bags of cabbages, 10 bags of roughages, 20 bags of different species of egg plants, 12 bags of yams, 23 bunches of yellow bananas, 30 bunches of matooke, 19 bunches of sweet bananas, 20 sacks of passion fruits, a tool box, nozzles, 50 empty jericans were being taken to the market in a boat branded, Nabumba.
Upon arrest, the boat was diverted to the Fisheries Protection Unit in Mwena, Kalangala town. The arresting officer, Geoffrey Mbabazi asked the boat owner, Daniel Kaweesa Ssebagala to speak to his bosses who included the NFA sector manager for Kalangala then, Phillipson Mugumya and the then Environment Police Officer Mpaka Alex Nyakarwa who reportedly asked for Ugx 8 million for the boat to be set free to sail to Kikgungu, its intended destination.
Kaweesa reportedly told the officers that he had no money for such transaction and that he was taking goods belonging to several people to Kigungu for transactions. The officers, under the guidance of the NFA Sector manager then, Phillipson Mugumya later offloaded the boat, and took off with all assets that were being taken to the market.
The boat was also parked at the docking pier at the Fish Plant in Mwena, Kalangala town where it has since been left to rot away.
A case of being in possession of illegal forest produce contrary to section 82 and 83 of the National Forestry and Tree planting act of 2003. However, all the officers could not prove that the products on the cargo boat was an illegal forest produce.
The case is still ongoing in the Magistrates court in Kalangala. However, upon realizing that the boat was rotting away and the produce was nowhere to be seen, the Director of Nabumba Transporters Daniel Kaweesa Ssebagala on November 18th, 2021, wrote to the resident state attorney Arthur Masaba asking for the release of the assets to avoid further damage from dare weather conditions that had started making the boats a wreckage.
Kaweesa also raised that the boats were not safe and that were a family business that would win bread for the family members, the business also operated under a loan which was bound for interest from a bank that ought to have been paid.
He also presented that documentation that indicated that the produce his workers were transporting was legal and mandated for transported by the boats, but the officers did not offer any attention despite him promising to bring the boats/exhibits to court anytime they were required.
He however was not listened to by the state attorney in whose hands, the power to save the assets from damage was. On December 2nd, Kaweesa petitioned the state attorney to grant him authority over the remaining assets since the boats had already turned into wreckages with a view of keeping them safer and in a more reliable way.
The State Attorney again refused to offer such authority. It was established that Mr. Masaba, with communication from the NFA sector manager then Phillipson Mugumya and the Police Environment officer Alex Mpaka Nyakarwa, refused to release the items until Kaweesa paid a ransom of Ugx 8 million despite having taken all perishable goods and charcoal.
December 16th, after being unsatisfied with the way he was treated, Kaweesa again wrote a letter to the State attorney requesting to be given possession of all the remaining items for safe custody since he was innocent and has never been proved guilty of any such crime relating to illegal transportation of forest produce, letter which was also met with a deaf ear from Masaba and the environment officers.
On January 20th, 2022, Kaweesa filed a case before the Chief Magistrates court held in Kalangala a notice of motion, under article 21 and 26 of the 1995 constitution requesting for an order of court to among others, the officers including Phillipson Mugumya, the NFA sector manager then for Kalangala, Alex Mpaka Nyakarwa the environment officer under the Uganda Police Force, Ibrahim Muyingo, their transport officer, Geoffrey Mbabazi, the Kyamuswa NFA supervisor and Bosco Sseruwagi, a transport assistant at NFA discriminated Kaweesa in spheres of his social and economic rights.
He also wanted that a declaration he (Kaweesa) has been deprived of his rights to own property in contravention of the supreme law, the constitution. He also wanted a declaration that the officers illegally seized and detained Kaweesa’s property, violated his economic rights.
He also wanted court to order for imprisonment of the respondents for the gross violation of his rights. He also asked for a permanent injunction against the officers for violating the applicant’s (Kaweesa) constitutional rights and demanded for compensation of up to Ugx 20,000,000 for the damaged boats, a public apology, costs of the application and any other remedy that court may deem appropriate.
“I have been humiliated, deprived of my rights and made to incur losses which I never was supposed to. Many of my contracts have been canceled because of the people’s high handedness towards crippling me financially and brought mental anguish. Since it was a family business, some of the school going children have dropped out of school and the girls impregnated. The proceeds from the business would look after the old members of the family who are now dying because we cannot look after them. We have bank loans and banks are taking our property. These people must pay for all such damages.” Kaweesa says.
Kaweesa’s greatest pain is that the perpetuators of such heinous crimes are still enjoying rights and taking more of people’s property in the name of working for government. “This tool must stop and they must be held culpable and accountable.”
Upon the application, the officers defended selves claiming that the application is tandemn and incurable and that they are not liable for their personal actions and that the institution (NFA) and government should incur for their misgivings. They also asked court to dismiss the application with costs.
On Thursday, October 20th 2022, Kalangala grade 1 magistrate, His Worship Herbert Arinda in the matter ruled that under the Human Rights enforcement act 2019, the applicant (Kaweesa) had the right to petition before the honorable court and that law provides the magistrates court with the power to hear and rule on such applications.
He also ruled that the applicant was right to sue the officers individually for cases they committed as individuals and should be held liable. He however indicated that such cases involving Human Rights Violations are forwarded to the high court for determination in not more than 90 days.
Several transporters on Lake Victoria and Human Rights defenders within the area applauded court for such a decision saying, they have for long a time experienced such violations and mistreatment at the hands of the said officers without justice being delivered.
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