The five Justices of the Constitutional Court led by Justice Richard Buteera the Deputy Chief Justice, Justice Catherine Bamugemereire, Justice Muzamir Kibeedi, Justice Irene Mulyagonja and Justice Oscar Kihika have sealed off the legal battled between the Kabaka of Buganda Ronald Muwenda Mutebi and the Kingdom princes and Princesses on the ownership of the Kingdom multibillion properties.
As TV10GanoMazima, we exclusively found out Prince Kalemera Kimera son to Prince Harold Kagoro Kimera, who is a son to fallen Buganda Kingdom’s Sir Daudi Chwa sued Kabaka Mutebi and the Attorney General Kiryowa Kiwanuka accusing them of hiding behind the Traditional Rulers (Restitution of Assets and Properties) Act to grab the properties they inherited which are currently registered in the names of the Kabaka of Buganda.
In his affidavit, Kalemera told Court that his father was appointed as the administrator of his grandfather’s estate and the government of Uganda has so far denied him the opportunity to benefit from his grandfather’s assets.
He told Court that the Traditional Rulers (Restitution of Assets and Properties) Act is inconsistent and contravenes Article 26 of the Constitution hence deprives him of his properties.
He further cited that Section 2 (4), (5) , (6) , (71 and (8) of the Traditional Rulers (Restitution of Assets and Properties) Act is inconsistent with Article 26 (2) and 21 of the Constitution hence discriminates him by birth and social standing from claiming his beneficial interest in the estate of his father and grandfather.
He explained that the act of the Attorney General allowing the registration of private properties owned by his grandfather into the names of Kabaka of Buganda was unconstitutional to the extent that it contravenes Article 2, 21, 246 (3) (a) of the Constitution.
He insisted that the Attorney General legitimises an act of fraud by expressly providing for the omission of payment of any tax, duty or fee and by alteration or cancellation of any relevant certificate of title and issue of a fresh certificate of title or otherwise is to that extent unconstitutional.
He asked Court to declare that and order that Sections 2 and 3 of the Traditional Rulers (Restitution of Assets and Properties) Act are inconsistent with Articles 2, 21, 26, 246 (3) (a) and (b) of the Constriction, and are to that extent void.
Kalemera further wanted the Constitutional Court to direct the High Court to investigate the proprietorship of properties registered in Kabaka’s name while hiding under the Traditional Rulers (Restitution of Assets and Properties) Act to ensure proper restitution to the beneficiaries of the estates of the registered proprietors.
He pleaded with the Court to direct Kabaka and President Yoweri Kaguta Museveni’s government to compensate him with USD 60,000,000,000 (United States Dollars Sixty Billion) for the properties deprived of him and other beneficiaries.
However, the Attorney General through Franklin Uwizira, a State Attorney challenged the petition stating that it does not disclose a cause of action against the Attorney General.
He asked court to declare it misconceived, prolix and an abuse of processes since it does not raise any issues or questions for interpretation of the Constitution.
Uwizira’s evidence was supported by the affidavit from Bashir Kizito Juma the Attorney appointed by Kabaka Mutebi who denied all the allegations placed on him.
He challenged the petitioner to provide evidence showing that his grandfather privately owned Kabaka’s Lake and land comprised in Busiro Block 183 Plot l at Bumera.
He explained to court that the petitioner’s claim for recovery of the properties is misplaced and asserted that the said claims need first to be established before a competent court and are therefore not matters for constitutional interpretation.
He placed the burden on Kalemera to prove that the land forming part of the estate of his grandfather was returned to Kabaka as he claimed and once he gathers enough evidence, he should petition an ordinary court not the Constitutional Court as he did.
In her lead judgement, Justice Mulyagonja noted that the petitioner unequivocally admits that the relevant part of Article 26 of the Constitution which he seeks court to interpret was already interpreted by the some court and the decision binds so there is nothing to interpret.
On the issue of the alleged violation of the petitioner’s rights due to the cited provisions of the Constitution and other laws, Mulyagonja advised him to return to the High Court to complete the suits that he filed which are still pending determination.
“It was therefore an abuse of the process of this court and the High Court and a waste of the valuable time and limited resources of this court. For that reason, the petitioner shall pay the costs of the petition to the respondents, in any eventer,” Mulyagonja stated while other justices on the panel agreed with him.
Prince Kalemera returned back from the United Kingdom where he was serving in the King’s army to fight for his grandfather’s estate.
Since 2015, he has been fighting with Kabaka Mutebi accusing him of using his power and influence to grab properties belonging to other Buganda Royals.
However, Kabaka Mutebi has been defeating him using Kiryowa Kiwanuka as his personal lawyer before he was appointed the Attorney General.
Kabaka Mutebi’s Constitutional Court judgment is a big blow to other members of the Royal family who are planning to petition court claiming that Kabaka Mutebi has been using his office to grab their inheritance.
Grandchildren of the fallen Buganda King Suuna are also threatening to sue Kabaka claiming that he has grabbed their land at Budo and Nabbingo.
However, Denis Bugaya of Buganda Land Board, the Kingdom agency assigned by Kabaka Mutebi to manage the Kingdom land rubbished the allegation made by Robert Ssewava one of the grandchildren of fallen King Suuna.
Kabaka Mutebi is still battling with city controversial lawyer Male Mabirizi who also petitioned the Constitutional Court seeking a declaration that Kabaka Mutebi is not the owner of Buganda Kingdom official mailo land but only a trustee.
