Bugolobi Developer Warns KCCA Against Frustrating Court Order  

Majestic Properties threaten legal action against KCCA and its leaders if its development of plots in Bugolobi continue to be frustrated

NATIONAL | A property developer has warned the Kampala Capital City Authority (KCCA) it will have to answer for contempt of court should its officials continue to frustrate housing projects it vows to carry on with in Bugolobi, a city suburb.

The long-standing contention on Plots 1-5 Mpanga Drive and 67, 69, 71, 73-81 Mpanga Close in Bugolobi has seen Majestic Commodities Ltd frustrated over the years in its quest to put up housing projects, with claims that the land is in the wetland or that the developer was not adhering to environmental assessments.

This comes despite the government declaring the said land vanquished.

According to the National Environment Management Authority (NEMA), vanquished wetlands are those that have completely lost their ecological function, and it would not be economically viable to reinstate them.

However, despite legally owning the land—and its vanquished status—a group of individuals maintains Majestic Commodities is backfilling a wetland and causing flooding in Bugolobi, among a raft of complaints.

The complaints appear selective considering the focus on a single developer. There are other known developers in the same locale, such as Zhong Zhong and China North Machine Company, besides dozens of private properties, including that of Flight Captain Mike Mukula.

Mr Mukula, ironically, is one of those said to be leading the crusade against Majestic Commodities. He did not respond to the Nile Post's request for a comment on allegations that he was conflicted and was channelling efforts toward having the same plots given to another investor.

However, local news site The Spy quoted Mr Mukula as saying he could speak to the President to engage Majestic Commodities about taking compensation and leaving the land.

"Government has no problem compensating Majestic Commodities in exchange for protection of the wetland," the website quoted Mr Mukula as saying.

"If there are titles, then they were released in error, and Government can pay for its mistakes by compensating them. I can talk to the President about this."

Legal wars

On November 7, KCCA physical planner for Nakawa Division, Mr Nzamba Kamali, directed Majestic Commodities to stop construction works on Plots 1-5 Mpanga Drive and 67, 69, 71, 73-81 Mpanga Close, Bugolobi, citing the need to address the critical concerns raised by environmental advocates and local communities.

But through their lawyers, the Kampala Associated Advocates, Majestic Commodities says it has already complied with all the requirements with approval from both the environmental watchdog NEMA and KCCA.

Majestic Commodities said the new directive—which appears to be seasonal from KCCA—comes even after the developer entered a consent judgement with KCCA and its directors on February 12, 2024, to end the back-and-forth frustration with its activities that had dragged on since 2010, when it legally acquired the land.

"One of the terms of the consent judgement was that our client be permitted to resume its housing project on designated plots in Bugolobi, Kampala, provided it complies with NEMA's Environmental and Social Impact Assessment (ESIA) requirements," the lawyers said.

"This consent judgement fully and permanently settled this dispute."

Mr Kamali said there was a building operation being carried out at the site contrary to the Building Control Act, 2013, the Building Control Regulations, 2020, and the National Building Code, 2019.

However, the developer says the new directive was not only in contempt of the court order but was also being made without taking into consideration that no building operations have taken place yet.

"All that is taking place is the dredging and opening up of the channels," it said.

"This is aimed at improving the water flow. It should be noted that all this is being done with the knowledge of both your office and NEMA. In fact, NEMA has visited the site and not raised any objection to the same."

The developer trashed allegations that it was backfilling the wetland, saying Mr Kamali had relied on social media misinformation to believe there was backfilling taking place.

"This letter serves to bring to your attention the illegal contemptuous actions of your office and your junior officers and to notify you that our client shall continue with its building project in accordance with the consent judgement and the approved building plans," the lawyers said.

"Should our client face any further interference with their construction project from your officers, our instructions are to take out contempt of court proceedings against KCCA and all officers involved."

Background

More than two decades ago, the government proposed that Nakivubo be converted into a wetland reserve, given its importance in filtering wastewater from Kampala before it enters Lake Victoria, regulating flooding, and conserving fish and other aquatic life.

In 2017, a Cabinet committee led by the Office of the Prime Minister determined that parts of the swamp were vanquished—had lost their ecological character.

The committee, which recommended allowing developers to promote alternative land use in the parts that were declared vanquished, said land titles had been issued in parts of the swamp before the 1995 Constitution was promulgated.

The government first titled the wetland (Bugolobi section) on April 1, 1987, and allocated it to East African Clay Products, then to Nyumba ya Chuma on April 15, 1989.

The land was the subject of Constitutional Petition Number 13 of 2010, in which the ownership of the land was confirmed as Uganda Land Commission (ULC).

According to various media reports, ULC allocated the said land to Nextel Ltd on March 2, 2010, and then to Majestic Commodities Ltd on October 27, 2010.

Cabinet, on the recommendation of the Policy Committee on Environment on June 7, 2017, exempted the said land together with the adjacent UBC land from any title cancellation, based on the fact that these were titled lands before wetlands were protected by the Constitution.

NEMA issued a certificate to Majestic Commodities for the development of warehouses on May 25, 2011, under certificate number NEMA/EIA/3730.

Later, the environment watchdog issued another certificate, number NEMA/EIA/14682, for the construction of residential houses on March 22, 2021.

The return of the Bugolobi wetland issue with the familiar developers suggests it just will not go away. It is like a pattern, a seasonal affair with that reminder to the developer to fulfill "this and that" to get going again.

Majestic Commodities acquired the land in 2010 with the intention of developing a housing project. By 2011, the developer had secured all necessary environmental and construction approvals, including certificates from NEMA and KCCA.

However, due to a dispute over ownership of the land, the project was delayed until 2019.

Yet in 2019, KCCA sought to cancel land titles for the plots, citing that the land was in a wetland.

At the time, NEMA clarified that the plots were in a vanquished part of the old wetland.

"Upon solving the hurdles to its project, our client continued to secure building permits and received additional project approval from NEMA and your office, including a building permit in March 2022," the lawyers for the developers said.

After one too many engagements with no end in sight, the developer sought legal recourse, leading to the consent judgement of February 2024.

With President Museveni now being dragged into the fight for the plots in Bugolobi, there must be more than meets the eye.

Perhaps Mr Museveni would start by demanding that KCCA and NEMA explain why it is the same plot, always, while every other in the wetland in Bugolobi is left to stand.

ting that the land was in a wetland.

At the time, NEMA clarified that the plots were in a vanquished part of the old wetland.

"Upon solving the hurdles to its project, our client continued to secure building permits and received additional project approval from NEMA and your office, including a building permit in March 2022," the lawyers for the developers said.

After one too many engagements with no end in sight, the developer sought legal recourse leading to the consent judgement of February 2024.

With President Museveni now being dragged into the fight for the plots in Bugolobi, there must be more than meets the eye.

Perhaps Mr Museveni would start by demanding that KCCA and NEMA explain why it is the same plot, always, while every other in the wetland in Bugolobi is left to stand.