Fmr Jinja mayor says the wrangles only serve to perpetuate the ugly face of Jinja city in places with modern structures.
By Nelly Otto
JINJA, July 11, 2022: Former Jinja Municipal Mayor Hajji Mohammed Baswari Kezaala has blamed the Departed Asians Property Custodian Board (DAPCB) for all the property wrangles in Jinja, other cities and towns across the country.
“…DAPCB is the source of confusion over these properties because it was left to stay after it wound up business, the earlier it wound up would have been better for the country…” Kezaala regrets.
Kezaala’s reaction follows the latest conflict over a property on Plot 1C Iganga Road, Jinja City where a section of tenants has refused to vacate claiming they have allocation letters from DAPCB.
According to available documents, the 1924 building in question belongs to Vijay Amritlal Kotecha who was issued the Repossession Certificate under LRV5 Folio 10 on 26 February, 1992 by then Minister of State for Finance, Planning and Economic Development Joas Mayanja Nkangi.
He dismissed misleading claims by one Sabebhe Mayanja from the Divestiture Committee who says the property was reverted to the custodian board after the repossession process was not concluded.
He says the wrangles only serve to perpetuate the ugly face of Jinja city in places with modern structures with more working space and accommodation facilities for the ever increasing population which also translates into increased revenue to the city authority for improved service delivery.
Kezaala who was born and bred in Jinja says DAPCB officials are simply looking for a soft spot in the person of Kotecha who was born in the same building, hence a citizen of Uganda by registration.
Apparently, alluding to the Biblical expression where Jesus told His disciples against reaping from where they have not sown, the former DP strongman (Kezaala) warned fellow Basoga, asking them to sober up.
“…if you know that you have never ferried a trip of sand, bricks or cement to a particular plot for construction, act mature and look for better things to do than fighting for what does not belong to you…,” he pleaded.
The central government, through the Attorney General early this year wrote to the Ministry of Finance, Planning and Economic Development on matters surrounding the Departed Asians Expropriated Properties.
The letter dated March 11 and was received on 16 same month was signed by Kiryowa Kiwanuka (AG) which gave details of issues surrounding the properties which have refused to leave the headlines.
Among the key legal guidance highlighted in the Kiwanuka letter is that once the Minister of Finance, Planning and Economic Development has dealt with an expropriated property by issuing a repossession certificate (letter of repossession), a certificate of purchase or a certificate of receipt (letter of receipt), he or she has no power under the Act (Expropriated Properties Act Cap 87).
Kiwanuka also states that even if there was an error on the part of government, the minister (Finance) cannot cancel a certificate of repossession adding that the power to cancel a certificate of repossession exclusively vests in the High Court.
The other aspect is that any person who is aggrieved by any decision made by the Minister under the Act, may, within 30 days from the date of communication of the decision to him or her, appeal to the High Court against the decision. Needless to say, the time to do this has expired for many of the cases including Plot 1C Iganga Road.
Conclusively, Kiwanuka stresses that the Custodian Board Divestiture Committee does not have powers to repossess, manage or allocate any property that has been dealt with by the Minister.
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