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Court to decide on fate of 80 affected families in crude oil pipeline dispute

Some of the PAPs who rejected the government’s compensation packages gather at Masaka High Court following the session on September 16, 2024. PHOTO | MALIK FAHD JJINGO

What you need to know:

  • The Attorney General’s application to the court alleges that the Project Affected Persons (PAPs) have refused to accept compensation packages approved by the Chief Government Valuer. As a result, these individuals continue to occupy the land designated for the project.

The High Court in Masaka has scheduled September 27 to deliver a ruling on a case concerning the eviction of over 80 residents to facilitate the construction of the crude oil pipeline project.

The case is being heard by Masaka High Court resident judge Lawrence Tweyanze.

The Attorney General’s application to the court alleges that the Project Affected Persons (PAPs) have refused to accept compensation packages approved by the Chief Government Valuer. As a result, these individuals continue to occupy the land designated for the project.

In the application, the Attorney General is seeking permission to deposit the families' compensation sum of Shs711.6 million into court for land located in the districts of Lwengo, Rakai, and Kyotera.

During a court session on Monday, Justice Tweyanze informed the PAPs that their continued delay in vacating the land could jeopardize the project. He advised them to consider accepting the government’s compensation offer, or risk having their compensation set aside to allow the project to proceed.

Ms Fatuma Nakisekka, a representative of the PAPs, told the court that while they are willing to accept the government’s compensation, they are currently facing difficulties in obtaining Letters of Administration.

“Our family has agreed to accept the compensation, but we have not yet received letters of administration, which is preventing us from accessing the funds. We need the government’s assistance to obtain letters of no objection so that we can process the letters of administration and access the money,” she said.

During the preliminary stages of the case, some PAPs’ lawyers indicated that their clients were prepared to accept the compensation rather than having it deposited in court. Justice Tweyanze advised them to meet with the Attorney General, sign consent forms, and have the government deposit the money directly into their bank accounts.

“The Attorney General must submit their submissions by the end of today [September 16]. All respondents (PAPs) should submit their responses by September 20, and the Attorney General has until September 23 to file rejoinders. The court will deliver its ruling by September 27 via email,” the judge stated.

The court also noted that some PAPs are experiencing issues with obtaining Letters of Administration due to missing Letters of No Objection. The court advised that it could expedite the processing of these letters due to the urgency of the matter.

Mr John Lubega, another PAP, stated he would not accept the government’s compensation package, arguing that it is below market value. He claims the government has offered Shs2.8 million for his 56 coffee and mango trees, while he expected Shs8 million.

Mr Yisto Kayinga Muddu, the coordinator of the Community Transformation Foundation Network (COTFONE), a regional civil society organization, expressed that they will continue to assist PAPs who believe their properties have been undervalued.

The 1,445 km pipeline, which will run from Hoima and traverse nine other districts, is expected to pass near approximately 172 villages. 

Of these, 29 are in Mubende, 28 in Sembabule, 25 in Kakumiro, 24 in Lwengo, 24 in Kyotera, 15 in Kikuube, 15 in Rakai, 8 in Kyankwanzi, and 5 in Gomba. As of February, 2,740 acres had been secured, and 2,866 PAPs had been compensated for land and/or crops.

Once construction begins, the pipeline is expected to take at least 36 months to complete, creating approximately 10,000 jobs and offering numerous local opportunities for content in both countries. The pipeline represents the largest trade deal between Tanzania and Uganda, with an annual value of $120 million (Shs425 billion) in each direction.