By Mulengera Reporters
On behalf of the GoU, George William Bizibu the Executive Secretary for Departed Asians Properties Custodian Board (DAPCB which is part of the Finance Ministry) has written to Parliament communicating the government position on the status of 1000s of properties in Kampala, Jinja and other towns.
Responding to new COSASE Chairman Mubarak Munyagwa who is undertaking a comprehensive inquiry into the mismanagement of departed Asian properties (worth over Shs3trn), Bizibu highlights some of the problem properties whose proprietorship COSASE must begin with.
One of the properties Bizibu puts on the spot disputing current ownership is Plot 24 Kampala Road on which property mogul Sudhir Ruparelia’s Kampala Boulevard stands. This is opposite Postal Office Kampala Road and its one of the newest/swankiest buildings in Kampala’s CBD.
Bizibu’s “strictly confidential” 35-page dossier shows that the property mogul is in possession of air regarding that property because the guys from whom his Crane Management Services bought had repossessed the land in circumstances government “considers fraudulent.”
Bizibu says to obtain the Repossession Certificate from the Finance Minister as provided for under Expropriated Properties Act (EPA), Sudhir’s predecessors in title used a power of attorney that has since been established to have been defective invalidating the entire transaction.
The implication is that all transactions subsequent to that repossession were null and void and can therefore not stand in law. “We [DAPCB] do not have records of Crane Management Services engaging in the process of the properties in issue,” Bizibu discloses in a confidential report that discusses many other properties and, in the process, recommending prosecution of individual culprits behind the improper transactions he says cost government trillions of shillings.
DISCUSSING BIGIRIMANA
Powerful Permanent Secretary Pius Bigirimana is another prime property owner the government report pronounces itself on. This is in reference to Plot 6 Princess Annie Drive in Bugoloobi. The original Asian owner was Hassanali Jafferali Jaffer who in July 1964 was issued a 94-year lease offer. That was 8 years before Amin’s 1972 economic war which resulted into expulsion of Asians.
That even when no lawful repossession ever took place in ways the EPA prescribes, the High Court Registrar went ahead and certified a fraudulent transfer of the land from Hassanali to a one Nagris Jaffer. This was on 14th April 2007. Using that certification, the property was on the same day transferred to Amirali Jafferali Jaffer under instrument number 388200.
It was later transferred to Marzia Jaffer on the same day under 388201 and later to Francis Mutabaazi on 26th November 2009 under 390771. On the same day, the same property was transferred to Edward Ruyondo under 421512. It was from Ruyondo that the same property was three years later transferred to Bigirimana on 15th November 2011 under instrument number 458253.
Bizibu, whose expose has excited MPs on Munyagwa’s COSASE seeing it as an opportunity to publicly humiliate big people and in the process appease their electors, concludes: all these transfers and transactions were improperly carried out because the procedures laid down in EPA weren’t satisfactorily complied with.
Firstly, there is nothing on DAPCB file that shows the property was property repossessed following the 1972 takeover by government. To the contrary, the available records show that compensation was paid out by GoU resulting into the genuine original owner Hassanali denouncing interest in the same. It therefore legally remains government land on which no private transactions and conveyancing can ever be permitted.
Bizibu urges MPs to lay particular interest on the circumstances under which the High Court registrar negligently certified the purported letters of administration from the Court Family Division of Wales. Bizibu is of the view that by asking tough questions around that issue, MPs are going to make very interesting findings. That MPs should also query into the authenticity of the signatures preceding the acquisition of letters of administration and powers of attorney.
STANBIC BANK CITED
Yet that isn’t all about this Bugoloobi property. The DAPCB boss also updates MPs on the current status on the property including the Stanbic bank mortgage that continues to be in force “having been registered on 15th November 2011″ under instrument number 458246.
He adds: “A substitute page was created on 15th November 2011…This property was compensated for by the GoU as per the evidence attached hereto. Therefore, any other subsequent dealings with the property not in favor of government were fraudulent.”
Compensation simply meant a property couldn’t subsequently be reclaimed and repossessed having become government’s. That there is even no repossession file at the Lands Ministry registry as would ordinarily be expected. Bizibu recommends prosecution of those involved for failing to disclose compensation had been received. That they should face sanction for knowingly misleading the Commissioner of Land registration into authorizing the transfers and subsequent mortgaging of the land. That the actors involved have continued deriving economic gain to the detriment of government.
MORE IN BUGOLOOBI
In the same Bugoloobi neighborhood, the government report refers to Plot 7 on Princess Annie Drive. That whereas GoU released compensation in favor of Jivan Abji Badrudin who had a 93-year lease as of 1972, in April 1998 there was a transfer in favor of Ahmad Mumtaz purporting to be the attorney/agent/representative of the same Badrudin Jivan (for whom compensation money was released). Bizibu notifies COSASE that all subsequent dealings after compensation were fraudulent and MPs should identify the rightful persons for severe reprimand.
DIPLOMATICALLY COMPLICATED
The government report says the same of Plot 24 Mackenzie Vale Kololo and Plot 7 Solomon Rise Bugoloobi. To corroborate contents of his summary report especially regarding compensation, Mr. Bizibu attaches loads of correspondences the BoU, then legislature NRC, the British High Commission, UNHCR, UPDF/CMI & the Finance Ministry have over the years been exchanging regarding these properties. UNHCR had to be involved because following the 1972 expulsion, some of the former owners had taken up refugee status in Canada, Britain, India and other places.
Bizibu also shares a list of 67 prime properties whose former British Asian owners were compensated through the British High Commission in Kampala. This is one area causing some to already be nervous of the Munyagwa inquiry because some of the 67 properties for which compensation was paid by the GoU have since been reclaimed and repossessed by former owners raising questions whether the British authorities didn’t accountably pass on the money. Parliamentary scrutiny around that area could raise diplomatic problems and thereby complicating relations between Kampala and London, a scenario that could be too painful for Museveni to ponder on the eve of a decisively major election that 2021 is threatening to be.
Bizibu also makes reference to properties that should have remained government’s since former owners didn’t bother returning to Uganda after the expulsion. These include Silver Springs Hotel (1969) Ltd based in Bugoloobi Plot 76A. That on realizing former owners Abdul Ghani and Abdul Majid hadn’t returned to Uganda, an unnamed “agent without legal requirements and fraudulently secured a repossession under repossession certificate no. 0073.” This was in 1984-way before the current Silver Springs Hotel (1969) Ltd took over in 1998. That all this shouldn’t stand because the acts of 28th November were fraudulent just like the resultant title issuance. That in 1999, the property was transferred to Karan Investments Ltd under 380578 and eventually mortgaged in Bank of Baroda. Bizibu urges MPs to thoroughly look into this property. Similar circumstances surround Plot 13 Kanjokya Street in Kamwokya and Plot 43 Jinja Road in Kampala.
There are other prime properties which Bizibu says Parliament should spearhead advocacy and help DAPCB to ensure they are repossessed because their relevant repossession certificates were issued in error and ought to have been cancelled by the Finance Minister on the advice of the Divesture Committee on getting new facts pertaining to ownership. Those properties on which the repossession grant ought to be revoked include Plot 10 Princess Annie, Plot 13 Market Street and Plot 76D Mbuya Area in Bugoloobi.
There are also properties whose proprietorship should be reversed because the District Land Boards that sanctioned the relevant allocations acted ultra-vires without lawful powers to do so because the law (EPA) explicitly excludes them. These include Plot 3 Market Street under the old KCC, Plot 33 Madhvani Road in Jinja, Plot 5 Scan Road Jinja and Plot 19 Oboja Road Jinja. That some have committed even worse fraud by tactfully surrendering DAPCB land to the District Lands Boards (DLBs) and then quickly apply afresh for new leases in the hope that can permanently conceal history of past/prior fraudulent dealings in which they are complicit. Bizibu shares with MPs a list of properties falling under that category.
The MPs should also inquire into Abdul Ghani & Abdul Majid’s role in the curious repossession of the following properties: Plot 43 Jinja Road Kampala, Plot 13 Kanjokya Street in Kamwokya and Plot 76A Mbuya Area in Bugoloobi. Bizibu urges MPs to establish the extent of fraud, misrepresentation, fictitious powers of attorney, probate and letters of administration.
MPs equally are tipped on Plot 3 Market Street, Plot 6 Namirembe Road, Plot 8 Namirembe Road, Plot 10 Namirembe Road and Plot 12 Namirembe Road with specific reference to the role of an entity called Nazarali Jamal & Sons Ltd.
Government must also get back some properties because the Indians who claim to currently be lawful owners didn’t repossess them validly. This is in reference to properties that were jointly owned prior to the expulsion but repossession was applied for, claimed and obtained by one and not two or more original shareholders who held it jointly as required under EPA. In some cases, some Indians used fake documents purporting to be authorized to claim on behalf of peers who did not return to Uganda whereas not. Bizibu says many properties were lost by government through such circumstances and should be reclaimed back. Examples include Plot 66 William Street Kampala and Plot 7 Dewinton Road.
Those Bizibu urges Parliament to particularly summon and scrutinize regarding this aspect of the investigations include: Canadian citizen Mohammed Alibhai’s Alberbridge Real Estate Managers company which is based in Bukoto Kampala. The government claims the firm “operates over 360 properties most of which were fraudulently repossessed.” That the firm used “fake and unregistered powers of attorney” to effect many repossessions from the Custodian Board. Bizibu writes: “A prime example is Plot 4, 5 Rubaga Place and Plot 6 Hoima Road. The said files have been duly investigated by Uganda Police and sanctioned by the DPP for prosecution. Please find an attached inventory of properties repossessed under the Aldebridge/Alibhai.”
He also refers to Sikh Saw Mills & Ginners Ltd which he says is responsible for “170 properties that were fraudulently repossessed as the original owners never returned to claim. An inventory of the said properties is attached.”
He also refers to Gandesha disclosing that over 75% of the properties he manages in Jinja “were falsely reclaimed as the rightful owners never returned.” He refers to an inquiry into the same by CIID whose report he attaches for the MPs. In the same vein Mr. Bizibu references on a one Mr. Balbinder Singh saying he is equally an interesting case MPs must look into. He says the same of city property mogul Ranjan Taylor regarding curious repossession of large numbers of properties. That many of the properties under Mr. Ranjan are in the category of those whose owners didn’t return to claim them.
He refers to Sikh Saw Mills & Ginners which was the subject of an advert the GoU ran in Uganda Gazette to confirm its owners had indeed lost interest or were unable to return to Uganda. None responded but that later on, Balbinder Singh and others later turned up claiming to have powers of attorney to repossess the company’s property in Jinja and Kampala including Plots 12, 14 & 16 Luzira Drive in Nakawa Division.
That Ambassador Mumtaz Kassam used equally curious powers of attorney to repossess many properties on behalf of former owners. These include 154 properties, a tea estate in Masindi and 16 properties in Jinja. That the Board later realized this repossession shouldn’t have happened because the impugned properties belonged to the category of Indians who lost interest and never returned to claim.
That consequently, the Custodian Board has been sued by some aggrieved people in Jinja. MPs are also urged to look into the repossession of Dewinton Road Plot 1, 3, 5 & 7 and as well as Plot 3 Kampala Road. The same is said of Plot 2A Rubaga Place and 2B Rubaga Place whose circumstances are even more intriguing. That whereas the attorney/agent claimed the owners were Asians, the DAPCB inquiry established that the actual owners as of 1972 were a Yemen family and not Indians. They are resident in Yemen and say they have never claimed repossession of the land. That they have never lived in Canada as was stated on the GoU file as repossession was being granted.
There is also Plot 7 Dewinton Road in Kampala which was repossessed in error as 50% of the stake therein belongs to the GoU as the original co-owner never returned to claim joint repossession of the same. That in October 1992, Ambassador Mumtaz Kassam (using Mulira & Co Advocates as her contact address) aided Sugrabai Amarbhai to disputedly repossess this Dewinton Road property.
That having taken over from Gandesha, a company called Property Angels Ltd has had questionable repossessions in Jinja and Mbale where a 2013 Police inquiry established the attendant powers of attorney had been forged/unregistered invalidating all the resultant repossessions. That these mostly belonged to owners who never returned.
Bizibu also prompts MPs to look into the equally curious activities of Rafiki Mohammed who got hold of so many properties using powers of attorney obtained in circumstances GoU considers very controversial. “There are many properties owned and managed by Rafiki that are under review and investigation by the Board,” Bizibu reports in his confidential report to Parliament. He urges MPs to support and advocate for increased funding for DAPCB so that challenges like inadequate staffing and inadequate investment in ICTs can be addressed. He also wants DLBs rebuked off the Board’s mandate. He also demands for a special court within the Judiciary that can expeditiously hear and resolve the very many ownership disputes relating to the thousands of properties under the DAPCB management and control.
Bizibu also indicts Property Services and it’s official Pradip Karia holding him responsible for many things including anomalous dealings involving land under the mandate of the DAPCB. He at length addresses the anomalies regarding Plot 14 Ben Kiwanuka (aka South) Street. Disputing the circumstances under which it was repossessed, Bizibu doubts whether the current registered proprietor Pradip is the rightful owner. That there are two certificates of title relating to the same property. That the one they have as the DAPCB was retrieved from Grindlays Bank where the property had been mortgaged by original owners (Rajabali Valimahomed Vaiya, Akbarali Valimahomed & Nurdin Alidima Valimahomed) at the time of the expulsion.
The Custodian Board boss wants MPs to look into the role of purported attorney Nazim Tajdin Valimahomed & the Kampala lawyers he worked with in the subsequent fraudulent transactions that occurred. That DAPCB paid the mortgage and rescued the title from the bank but their genuine title is being challenged by the existence of another special title that Mr. Nazim obtained using a statutory declaration (affidavit-like) whose contents disclose he didn’t have sufficient connection to the former owners from whom he claims to have got powers of attorney.
That the declaration’s contents disclose someone who was struggling to reveal historical facts regarding the property he knows very little about. Preceded by statutory declaration, the special title can be issued to replace the previous one (in case it genuinely can’t be traced) under S70 of the RTA. Buzibu says Pradip Karia Kunnal’s title should be cancelled and perpetrators of the fraud subsequently prosecuted for occasioning so much financial loss to the government.
Bizibu claims that the statutory declaration Nazim Tajdin (the purported attorney) used to derive interest which he passed on to facilitate Pradip’s ownership was fictitious because all the facts disclosed therein was mere guess work. That Nazim didn’t for instance disclose that there was a loan basing on which the original owners had mortgaged the property with Grindlays Bank before the expulsion.
Instead his declaration created the impression the original title was missing because of the dramatic circumstances of the expulsion whereas not. That it got misplaced in the chaos that characterized the expulsion in 1972. Bizibu demands that Pradip’s special certificate of title (issued under instrument no. 363145) be cancelled and replaced with the one of the original owners registered under instrument no.129058 on 23rd May 1955.
The other anomaly Bizibu points out is that the Certificate of Repossession from which Pradip purports to derive his proprietorship of the land in question was never registered at the land registry yet this mandatory under the relevant laws. That those claiming to have applied for the repossession even never physically turned up in Uganda within 120 days as required under S9(1)(d) and S1(c) of the Expropriated Properties Act. That failure to physically show up permitted government to retain ownership of the property, a situation he says pertains up to this day totally extinguishing Mr. Pradip’s claim. (For comments, call, text or whatsapp us on 0703164755 or email us at mulengera2040@gmail.com).
