By Johannah Nantongo
KAMPALA.The Attorney General Sam Mayanja has backed President Museveni’s proposal to transform City Square into a modern commercial complex featuring a hotel and shopping mall.
Mr Mayanja also hit back at claims by city businessman Hassan Basajjabalaba that he has a stake in the City Square land. He reminded the businessman and those against the planned redevelopment of the facility to stop flogging a dead horse.
Speaking to this publication on Tuesday, Mr Mayanja said Mr Basajjabalaba’s claims of holding a leasehold on the two-acre land in Kampala City are false because it was rescinded and the land reverted to the government.
“A lease on public property does not confer permanent proprietary rights on a lessee. It confers on the user a period of time, and the developments are attached in the middle of the title deed as conditions, whether for two years, 10 years, 45 years, or 99 years,” he explained.
Mr Mayanja added: “I don’t know whether it was Basajjabalaba or one of his companies that was granted the lease some years ago and was rescinded. It remained public property and I don’t understand his claim of a lease that was rescinded. He had not even developed the land and I understand he was compensated.”
Mr Mayanja’s revelations came barely a month after Mr Basajjabalaba, upon learning that authorities in Kampala are currently reviewing plans of giving away the two-acre land to his fellow businessman Hassan Bulwadda to construct an environmentally friendly arcade, told the Committee on Commissions, Statutory Authorities and State Enterprises (Cosase) that he Hassan Basajjabalaba had a stake in it.
Appearing before the Muwada Nkunyingi-led committee on September 23, Mr Basajjabalaba said: “I acquired the lease for City Square in 2002, initially for five years and later extended it to 49 years. I am the rightful owner. I wonder why some people want to give it to another rich man. If they want to take it away, they must compensate me first.”
He added: “KCC [Kampala City Council] advertised City Square for redevelopment and we bid for it. There were like six companies; one of the companies was from Kenya. After bidding, we were the winners. Then we were requested to pay a premium of Shs1.65 billion, which was paid in 2001…City Square was leased to us in late 2001. The whole two and a half acres.”
Mr Mayanja, the chief government legal advisor, said Mr Basajjabalaba was given a paper offer, which was rescinded many years ago.
“A lease offer doesn’t give a lessee permanent rights to a property that never belonged to him. He cannot flog a dead horse; let him continue making threats until he gets tired,” he said.
He added: “If he wants, let him offer a competing programme for the redevelopment of the City Square. We are not interested in old stories; we want development.”
New Owner
President Museveni, in an August 30 letter, directed Ms Minsa Kabanda, the Kampala Capital City Authority (KCCA) and Metropolitan Affairs Minister, to evaluate the proposal by Mr Bulwadda to redevelop the two-acre land into a modern real estate complex.
Mr Museveni instructed Ms Kabanda to examine the feasibility of the project in consultation with KCCA and submit a report on the matter.
“I have received a letter from Hassan Bulwadda dated August 18 proposing to develop the two acres at City Square in Kampala into a modern, eco-friendly real estate complex, with a hotel, shopping mall, etc., using solar power,” President Museveni’s letter reads.
“Study the proposal, discuss with KCCA and come back to me,” President Museveni added in his instructions to the minister.
Under the proposal, the planned development aims to incorporate green technology to power the mixed-use site featuring commercial retail spaces and hotel accommodations.
A special committee of ministers and technical experts was formed to review the proposal and submit a report before a final decision is made. The Kampala minister’s committee has since submitted its report to the President and Mr Mayanja was part of the joint committee.
Kampala Lord Mayor Ronald Balimwezo and the Leader of the Opposition in Parliament, Mr Joel Ssenyonyi, have since opposed the planned giveaway.
They warned that any attempt to give the land to a private developer would erode the only remaining green space in the city centre.
In a September 12 letter to Mr Mayanja, Mr Balimwezo said the square dates back to 1903, when the colonial administration set it aside as Government Square. He argued that it has since acquired civic, historical and constitutional importance.
“City Square must be left open. It is the City Square that helps us breathe, take in the air. It must not be played with. That is our take,” Balimwezo told the Monitor earlier last month.
Despite these opposition concerns, Ms Mayanja told this publication that the proposed construction of an environmentally friendly arcade is timely since it will help in weeding out criminals who have made City Square their safe space.
“The people of Kampala should not lose sleep over the planned redevelopment of the City Square. There is nothing illegal about the President’s proposal as this facility belongs to Ugandans. Any development will preserve the flora and add to the exquisiteness of our city. What’s the essence of having a facility that harbours criminals in the middle of the capital city?” he wondered.
He added: “…the City Square has become a place where criminals go. After disturbing the city, they come and rest at the City Square and plan their next move to attack the towns, shops, and rob innocent Ugandans. The police have stationed a truck in that place with permanent personnel constantly fighting the criminals, and this must stop.”
Further explaining, the Attorney General said Article 99 (2) of the 1995 Constitution vests all executive authority in the President and he exercises that mandate in accordance with the laid-down procedures.
This, he said, explains why the President asked the Kampala Minister to look at Mr Bulwadda’s proposal and engage in the process.
“The President will eventually make the final decision on the planned redevelopment of City Square,” he said.
Commenting on the greenery, the former State Lands minister said it is no longer there because these people are actually sitting there most of the time, destroying it.
“That must change; here is a Ugandan who has come with the plans, first of all, to reintroduce the green, which has been destroyed; he is reintroducing it in a modern way, bring the fountain, the water fountain, where any Ugandan can pose for a nice photo,” he said.
He added: “That is the city square we want. We want a modernised city that can compete with other cities like New York, Washington, London, Paris, Bonn, or any other modern city, so that when you want to take a snap, whether you are in Bonn, London, Washington, or Kampala, it’s the same.”
Speaking to this publication on Wednesday , Mr Bulwadda refused to talk about Basajjabala’s lease offer claims.
“We are going to keep the flora and even expand it so that Ugandans can enjoy the new City Square. The funding for the project has also been secured. We have everything in place to undertake this project as soon as the President clears it.