MBALE – I have been reading with interest the embarrassment Uganda Muslim Supreme Council leadership has found itself; their headquarters at old Kampala are up for attachment and sale.
The idea of putting such a huge historical site for sale leaves a very bad taste in the mouth. First of all, I am wondering which business man would like to inject his 19 Billion in a structure that was designed solely as a place of worship.
It feels blasphemous to convert it into a shopping mall, theatre, a cinema hall, a show ground or perhaps as offices space.
Just this morning, I had a discussion with Pastor Okidi Drey of Colonial Field Pentecostal Church with the hope that I would convince him to consider purchasing the mosque and then converting it into a church. His response was astonishing; he told me how much he fears the ghosts of the late Idd Amin who began the project and that of the late Muammah Gadaffi who completed the construction that had stalled for decades. Is selling the mosque the best reward to give these two gallant sons of Africa who loved Islam with a passion?
Talking of Gaddafi Mosque brings one thing to my mind, the reaction of government when Dodoviko Mwanje lawfully demolished St Peter’s Church in Ndeeba upon obtaining a judgment in his favour which decision was neither appealed against nor set aside.
I was mainly fascinated with the reaction of President Yoweri Museveni who even visited and toured the site. After his remarks, he ordered for the arrest of the owner of the property, several police officers and even Lawyers. In what appeared to be a long-drawn land conflict, the Anglican Church made a lot of noise over the matter hence causing a national uproar; I hear touch not a place of worship.
As a result of the directive, the State House Anti-Corruption Unit together with the Uganda Police swung into action arresting senior police officers and Kampala Capital City Authority officials who authorized the demolition. Whereas it was confirmed that a due diligence was carried out showing businessman Dodovico Mwanje was the rightful owner of the land through his company, nobody studied the merits of the allegation simply because it was a presidential directive coming just a few weeks to the 2021 general election.
While at the demolition site, the President seemed agitated by the decision of court that led to the eventual demolition of the Anglican Church. “I am sad about this church incident, but we are going to punish whoever was involved. Even if the church was wrong, they should have engaged you and negotiated with you instead of putting down the church,” said the President.
He added that demolishing a church is a curse and rubbished reports that Government was involved in this incident. “It is not true that Government broke down the Church, that’s propaganda. I am a Christian who can’t allow this.” He further said he would invite the Namirembe Diocese Bishop, the Rt. Rev. Wilberforce Kityo Luwalira, and engage with all parties involved in the conflict to find a lasting solution. “I am going to call Bishop Luwalira and the land will remain for the church. I have joined this war and we shall build a new church.”
Years down the road, the President has not found a lasting solution as promised. Dodoviko Mwanje has not been allowed to take full possession of his land because the President said the land will remain for the church yet the registered owner has not been compensated. To date there is no appeal against the decision of Justice Keitirima’s ruling of June 6, 2019. Above all, whereas the President joined the war to defeat Dodoviko, the promise to build another church on the same land has not materialized and above all, nobody is talking about it.
Usually, after judgment has been delivered, there are several steps and procedures taken by the successful party before securing attachment orders. These processes take time just like it was with St Peters Church Ndeeba. In that case, the church of Uganda was quiet, church members and so was government. They only remembered to wail and act after the graders had been deployed. Is this what the government and Muslims are waiting for or it is some kind of conspiracy to get rid of Muammah Gadaffi legacy.
That is however beside the point. The impression created by the President’s intervention and visit to the demolition site seems to suggest he got involved because some propagandist had said the government had a hand and that as a Christian, he would not allow anyone to take over a place of worship. One would imagine his statement was merelya political statement given that elections were just a few weeks away, a time when every vote meant everything to him.
The reasons for giving you that church background is simply to show you that there is no balance in this life. A similar incident, call it an attack on a place of worship is eminent today. Though the facts may appear different, the justification is that the outcome of the Gaddafi Mosque dispute could result into the same fate as what befell St Peters Church Ndeeba. If a business man bought that mosque, he would have a right to use it the way he pleases including breaking it down for some other viable profitable business.
You now understand why some religious institutions have registered their assets in the names of trustees while at the same time keeping their land titles for from those who locally run the day today management of these religions. Am told there is a religious institution that keeps their land title at their headquarters in Europe making it hard for the leaders to mutate, mortgage or sell any of their properties. They instead give leases and have a fully-fledged department in charge of estates. Mubajje would have resigned if he was one of them.
Already, the Court of Appeal has dismissed with costs an application in which the Uganda Muslim Supreme Council wanted a stay of execution of warrant in which a one Justus Kyabahwa was permitted to attach nine properties including Gaddafi Mosque to recover his 19 Billion after a failed land transaction involving Sembabule ranch land. “Clearly, the balance of convenience would be in not granting this application for stay of execution but to allow the party with the judgment in hand to proceed with the execution process.”
Armed with his judgment and decree, the judgment creditor acted with aped to benefit in what we call fruits of litigation. On November 16, the registrar issued a warrant of execution allowing Justus Kyabahwa to sell nine properties including Gadaffi Mosque to recover his money. The only good thing is that UMSC has appealed the decision but that is not good enough.It does not make legal sense to appeal a decision whose subject matter is has been attached and sold and a return made. After execution, reversing or undoing what has been done is almost next to impossible only that it can be atoned by an award of damages.
The adequacy of the compensation in case of the unlikely victory at appeal is where the problem lies.Money is not the same as the glorious Gadaffi Mosque that has made Muslims proud for years; it is in fact a tourist site. The appeal henceforth becomes an exercise in futility and can even stifle the progress of the appeal due to loss of interest. Is the government and the Muslim waiting for graders to arrive before they can act, after all the mosque is now guarded by highly trained soldiers with very clear instructions, who are these soldiers working for?
If the facts remain as they are, the Uganda Muslim Supreme Council needs to consider a fundraising like the Church of Uganda did to save their building housing Equity Bank.If devoted Muslims with the exception of those who hate Shaban Mubajje but love Islam can each folk out 10,000 shillings on a given Friday, this Mosque can be rescued from the preying eyes of Auctioneers. Currently, Uganda has a population of about 45 million out of which a 2021 census estimates that Muslims constitute about 14-15 percent of the current population.
If this information is true, and all the Muslims including the Tabliqs, the Sunni and the Shia Muslims put their differences in sects aside just for this cause, they can redeem Gadaffi Mosque. I know the President may be waiting for a last minute intervention to pay off Justus but that is a farfetched wish. Not so long ago, Buyinzika lost a life time business empire, Sembuuya of Sembule Steel Mills cried for a bail out in vain while the government was watching from the peripheral. You can never be sure of a promise unless you are Basajjabalaba or Bitature.
Finally, Why are Muslims quiet about “emali yo Busilamu”, have they resigned to fate, have they been silenced or they trust Mufti Shaban Mubajje will manage alone? I ask the Muslims to carefully study the sale agreement between Justus and UMSC, you will realise that just a portion of the money was deposited to the account of UMSC, where did the rest go. If any properties were bought in Kyanja using part of the proceeds of the sale, in whose names are these properties registered and where are the land titles. Your guess is as good as mine.
The writer is a commentator on political, legal and social issues. Wadroger @yahoo.ca
