Stop Notice to Majestic Commodities Limited vacated without prejudice
Following public outcry over the legality of activities taking place along Mpanga Close in Bugolobi including backfilling and damage to access roads occasioned by trucks ferrying murram, NEMA instructed the developer, Majestic Commodities Limited, to halt all activities on site pending further investigations.
The stop notice was issued on 11th October, 2022 after a site inspection. Investigations into circumstances and conditions to the vanquishing of the wetland have since been completed and below are the findings;
i.Government first titled the said land on 1st April 1987 and allocated it to East African Clay Products Ltd, then to Nyumba Ya Chuma Ltd on 15th April 1989
ii.The said land was a subject of Constitutional Petition No. 13 of 2010 (Nyumba Ya Chuma Ltd Vs Uganda Land Commission and Attorney General) in which the ownership of the land was confirmed as Uganda Land Commission
iii.Uganda Land Commission allocated the said land to Nextel Ltd on 2nd March 2010 and then to Majestic Commodities Ltd on 27th October 2010
iv.Cabinet, on the recommendation of the Policy Committee on Environment on 7th June 2017 under minute 223(CT2017) exempted the said land together with the adjacent UBC land from any title cancellation based on the fact these were titled lands before wetlands were protected by the Constitution in 1995 and for the said land, also the ruling of the Court of Appeal on the matter
v.NEMA issued a certificate to Majestic Commodities Limited for development of villas and warehouses on 25th May 2011 under certificate No. NEMA/EIA/3730 which certificate was replaced by Certificate No. NEMA/EIA/14682 for construction of residential houses issued on 22nd March 2021 by the then Executive Director.
In the circumstances, the land can only be salvaged for conservation if Government compulsorily acquires the said land following due process of land acquisition and compensation.
Our orders stopping Majestic Commodities Limited from developing the land have therefore been vacated without prejudice to save the institution from civil liability claims.
We shall however continue to monitor the developments on the site to ensure that there is compliance with the conditions of approval.
Notes to Editor
On September 2, 2021 NEMA indefinitely suspended the receipt, consideration and issuance of approvals for all developments within wetlands. The suspension was instituted to reduce pressure on wetlands and ecosystems.