Published on 01/07/2024
The National Environmental Management Authority (NEMA) has defended the selective demolitions of structures in wetlands, addressing public concerns that residential and commercial buildings are being targeted while factories are ignored. NEMA argues that indiscriminate demolition of all structures would impose legal liabilities on the government, as some developers possess lawful permits from various government agencies to establish structures in wetlands.
Barirega Akankwasah, Executive Director of NEMA, made this defense during a two-day probe by Parliament’s Committee of Commissions, Statutory Authorities and State Enterprises (COSASE) into recent evictions in the Lubigi wetlands. Several MPs had questioned why factories and companies, such as Stabex Fuel Station were spared in the recent evictions while surrounding structures were demolished.
Akankwasah explained, “There are developments we found in the wetlands. Some of them we issued restoration orders to, such as Stabex Fuel Station. When we issued these orders, they provided documents of approval from other government agencies including NEMA from some time back. Demolishing such a structure would attract legal liability to the government, which is why we didn’t proceed with demolitions when they appealed the restoration orders.”
His remarks were in response to questions posed by Bukomansimbi South MP Kayemba Ssolo, who asked if other former occupants in Lubigi were given the same opportunity to apply for permits as Stabex. Ssolo inquired, “Stabex applied and was given a permit. Was the same opportunity given to the people who were living there before? Were they given a chance to apply for a license before eviction? And now that the land is free, if another person comes asking for a permit, can they be given a permit to use that same land as Stabex did?”
Sarah Naigaga, Legal Affairs Officer at NEMA, denied allegations of selective application of the law, stating that the restoration of wetlands is a law enforcement exercise targeting anyone who breaches the law. “Some infrastructure in the wetlands was established with due process of approval, and removing them would result in liability to the government. We are investigating and ensuring that those permitted are indeed operating within the conditions of their approval,” Naigaga noted.
When asked to disclose the directors of Stabex Fuel Station, Akankwasah claimed ignorance, stating, “We don’t know the directors of Stabex because it is a company. A company is a legal entity in its own right, and we deal with the company, not the individuals.”
COSASE Chairperson Medard Sseggona, also the MP for Busiro East, rejected NEMA’s response and insisted that the Authority provide documents identifying the individuals behind the company. “Take us seriously. The company as a building doesn’t sign that document; someone signed the application for the permit. The Committee is directing you to find the particulars of those directors and provide them to us,” Sseggona demanded.
Akankwasah denied allegations that the evictions target poor communities, arguing that the enforcement exercise is just beginning and that NEMA is not the competent body to assess poverty status in Uganda. “When we are enforcing, we wouldn’t know who owns what. We have seen someone claiming six houses in Lubigi; I wouldn’t consider that person poor. The definition of a poor person is subjective and would require a detailed assessment,” Akankwasah stated.
Eddie Kwizera, the MP for Bukimbiri County, also rejected Akankwasah’s argument, noting that while rain caused disasters in Bududa and other highland areas, in Lubigi, it was NEMA that caused disaster in people’s homes. “When we look at Bududa, where people have been resettled, what is the government’s role in protecting life and property in that place? Did you plan any resettlement mechanism?” Kwizera asked.
