pac meeting ministry of land
TRANSCRIPT
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Hon. Nathan Nandala Mafabi:
Ok accounting officer we are going to look at 2006/2007 the issue of National Forest
Authority will be dealt with under ministry of water and environment.
Committee Clerk:
2.6 domestic arrears
Hon. Nathan Nandala Mafabi:
Yes accounting officer
Accounting officer:
Mr. Chairman my response was that the ministrys accumulated domestic arrears are in
respect to alternate contribution to international organizations on factual obligations
which were not fully paid by the end of the year and for the land acquired by the
government including some of ranches that were part of the ranches in the restructuring
exercise. The ministry continues to accumulate arrears mainly because of industrial
capable commitment that it entered into and which commitments subsists this includes
membership to international organizations. Some of the arrears are as a result of running
contracts that do not determine at the close of the financial year. Bituary budget cards doas a result of non fulfillment of planed activities; some of the activities may have
commenced and may not be easy to get out of.
Hon. Nathan Nandala Mafabi:
Have you attached the details of the arrears?
Members I think you go this response some time back.
Accounting officer:
This book has been around
Hon. Nathan Nandala Mafabi:
No we have it
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Let us find out is this file different from this?
Accounting officer:
Which is that I dont know what is in there
I have given you some updates on part B pull housing.
Hon. Nathan Nandala Mafabi:
So this is the update
Accounting officer
Yeah its the update of some answers which are already with you because some activity
has taken place since but the details of these arrears.
Hon. Nathan Nandala Mafabi:
So as members are still looking for the details of the arrears
Accounting officer:
I think we had put in the annex
Hon. Nathan Nandala Mafabi:
There are no annexes here
Accounting officer:
On that one
Hon. Nathan Nandala Mafabi:
No; so we shall take this. Can we take this as our annex?
So accounting officer members on page 6 we have seen here you are making adjustments
of domestic arrears. What do you mean? You are saying over stated, under stated, under
stated, and under stated.
Accounting officer:
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Can your commission allow me for my PS to assist me?
Hon. Nathan Nandala Mafabi:
Yeah-yeah the microphone is there for him he may be of great help.
The PS ministry of lands:
Thank you Mr. Chairman and Hon. Members
Hon. Nathan Nandala Mafabi:
Yes go ahead
The PS ministry of lands:
We shall start with the adjustments of 362,390,045 million this was to do with some
tables that were captured under ministry of water after explained so we had also
recognized them in our accounts so doing the reconciliation between the ministries that
was I identified so we had to adjust our tables down wards by that amount.
Hon. Nathan Nandala Mafabi:
So these were sent to water?
The PS ministry of lands:
Yeah to water
Hon. Nathan Nandala Mafabi:
Ok
Auditors general are you noting it?
Cross check as if they are there.
The PS ministry of lands:
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No such was a contingent yes from the accounting perspective but it hadnt been
recognized any where.
Hon. Nathan Nandala Mafabi:
No you pick it
The PS ministry of lands:
Yeah that is why we pick it here
Hon. Nathan Nandala Mafabi:
But you cant pick it under here
The PS ministry of lands:
No it affects the net worth that it is being picked in this reconciliation of in the net worth.
Hon. Nathan Nandala Mafabi:
May be here we did poor mathematics. The contingent was a liability on the book just as
a memorandum now it crystallizes that means now it enters in the books officials. That is
the time we recognize it so you debit ok you debit the
The PS ministry of lands:
But we didnt recognize it as a contingent
Hon. Nathan Nandala Mafabi:
But even if you have not recognized it as a contingent it has surfaced. Ok you were doing
it where was it missing before?
The PS ministry of lands:
In our accounts?
Hon. Nathan Nandala Mafabi:
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Have you heard?
He debited the results and credited the payables
The PS ministry of lands:
Yeah
Hon. Nathan Nandala Mafabi:
Ok let us go ahead we shall see where they are.
So now let us go to page16 remember there is attached. So it is attached so we have there
the have you seen the statement of memorandum. Accounting officer we can lend you;
you may not be having the photocopy in the office.
Accounting officer:
Thank you Mr. Chairman
Hon. Nathan Nandala Mafabi:
Members are we there? Page16 no page 17.
So now we have the opening which is 13.3 billion so where is now the corresponding
credit of that one?
Yeah this note here would be explaining if the figures were up here but the housing
commitments at the beginning includes this; ooh yes-yes you are right you have 12.962 if
we subtract yes it is included. Is it the one?
Yeah it looks because the figure is different yeah the only thing is it subtracts yeah it is
adjusted I think.
The end of year was 12.9 now it went up by 13.3 yeah it might be there lets go to the
next one the 387 so now lets see how much it would be the difference.
The next one
The PS ministry of lands:
Mr. Chairman you recall the issue of domestic arrears has been a contentious issue when
ever we come here and in all our previous meetings there have been directives to sit down
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to do the entire reconciliation. I remember the last time we appeared here for 2005/2006
we did submit that reconciliation so some where in the process after all those various
adjustments and agreeing on that shows position of the payables in the ministry, it was
observed that there was an under statement in our domestic arrear position by 387 million
which is indicated there.
Hon. Nathan Nandala Mafabi:
So this was the one
The PS ministry of lands:
Yeah 387
Hon. Nathan Nandala Mafabi:
So do you have the listing of 382 and 387?
The PS ministry of lands:
Yeah I have the list of 382, 387 is what we have given you that detail 9. whatever billion.
Hon. Nathan Nandala Mafabi:
Is 77 there?
The PS ministry of lands:
Yeah
Hon. Nathan Nandala Mafabi:
So we have now; 72 you have also attached?
The PS ministry of lands
Which one?
Hon. Nathan Nandala Mafabi:
The first one 382 is there?
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The PS ministry of lands:
Yeah 864 million
Hon. Nathan Nandala Mafabi:
But you are telling us here you transferred 2.7
The PS ministry of works:
Ok fine I thought you were asking for the closing balances of that year how much we
transferred where the 313 million comes in, 2.7 transfers met in the previous financial
years.
Hon. Nathan Nandala Mafabi:
Yes
The PS ministry of lands:
It was the accumulative figure for three financial years right from 2003/2004, 2004/2005,
2005/2006 totaling to 2.7 billion that was the transfer for the previous years. But the
transfer letting to the canceled cheque is embedded in that 800.
Hon. Nathan Nandala Mafabi:
So you transferred 2.7 but you had a balance of 2.8 are you seeing it?
The PS ministry of lands:
I dont see the 2.8
Hon. Nathan Nandala Mafabi:
The end of year balance was 2.8 billion you transferred 2.7
The PS ministry of lands:
Yes that is right- that is right
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That is good
Ok. So are we ok now?
The PS ministry of lands:
I think so Mr. Chairman
Hon. Nathan Nandala Mafabi:
Ok members he is saying he transferred all the money
So we can go on; the only thing we want is the evidence of 101million.
Do you have the evidence of 101 million?
The PS ministry of lands:
Yes I should be-I should be
Mr. Chairman let me ask which evidence is it.
Hon. Nathan Nandala Mafabi:
Transfer of 101 million
The PS ministry of lands:
It is part of that receipt of 864 million.
Hon. Nathan Nandala Mafabi:
Ok. Can you give us the total breakdown of 864 million?
The PS ministry of lands:
Mr. Chairman if you go back to note 20 I can see we closed with 650 million. Mr.
Chairman the section of 864 it includes the cash balances we had in Bank of Uganda in
the expenditure account of 642,612,855 million as per note 20. it also includes the
cheques that were canceled to a tune of 22, 748,756 million, it also has cheques that went
tarred the un presented cheques to a tune of 199,356,616 million shillings.
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It is not there we are going to demonstrate that it is not there. You see you are saying
balance why we are going to show you that it is not there. Are you seeing you had
balance of 7.36 you transferred that, you had balance 642 so it can also be embedded
there if it is opening cash. Is it part of the opening cash?
The PS ministry of lands:
Mr. Chairman I think you can go to page 6 where there is analysis of cash
Hon. Nathan Nandala Mafabi:
Yes Page 6
We are there; you wanted page 8 we are there.
The PS ministry of lands:
Yeah
Depreciation of movement of cash during the year
Hon. Nathan Nandala Mafabi:
Yes. It is there so now we subtract 313 so you have 108 million
The PS ministry of lands:
Of?
Hon. Nathan Nandala Mafabi:
So you want me to go through again?
The PS ministry of lands:
No if you look at this reconciliation here you know out of this 2.8 billion we transferred
2.7 billion there was that cash released in the account of 313 million add the cash to the
cash flow statement the actual cash anticipated at the close of that financial year 235.
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Hon. Nathan Nandala Mafabi:
So, who is managing it?
Accounting Officer:
It is the minister of finance according to that agreement I have given you. The bank is
supposed from time to time giving their accounts of the funds to the minister of finance
for us sometimes we go there how much is on the account and they tell us.
Hon. Nathan Nandala Mafabi:
With interest?
Accounting Officer:
Well, we dont go into those details.
Hon. Nathan Nandala Mafabi:
What is the balance on that account?
Accounting Officer:
30 bnillion I think that is what capitalized housing finance company to become a bank
now.
Hon. Nathan Nandala Mafabi:
Then how do you capitalize with workers money?
Accounting Officer:
They have been giving mortgages now through public servants then to the general public
but the scheme which was supposed to be developed to assist public servants who never
benefited from the exercise that one hasnt been put in place, putting place hasnt been
completed.
Hon. Nathan Nandala Mafabi:
You are not a signatory to this account?
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Accounting Officer:
No.
Hon. Nathan Nandala Mafabi:
No, accounting officer the idea was all civil servants should benefit those who have the
houses should pay then those who pay the money we get should be able to get a house for
those who are coming. Now you have defeated the purpose your selves.
Accounting officer:
No Mr. Chairman I have not because I have gone ahead to propose the scheme. That
scheme needs to be approved before it comes in to implementation. One of the elements
on that scheme is the interest scale and as I have said I have been stuck on that point for
some time. The interest scale because where as the ministry of finance says it should be
market we are saying it should not and they are arriving at that point of compromise now
is really taken some time but again if we are really to agree on that one they would be
moving ahead for the implementation of work because this is now an issue that has been
mobilized by our parliamentary opinion.
Hon. Nathan Nandala Mafabi:
No, I think parliament would not refuse to do this; this thing is over due. So what we
want you to do is go and ask minister of finance
Accounting officer:
Mr. Chairman sorry to interrupt my previous answer was that may be you help us with
ministry of finance.
Hon. Nathan Nandala Mafabi:
Now you want our help
Accounting officer:
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supplementary to run the same account I think that is the most important think. We are
writing to the minister to tell us why there is no statutory instrument, what authority he
got to open this account and how he has been spending the money with out the statutory
instrument.
But also you civil servants are unfair this account is supposed to help you; you should
been the ones who should have raised that fund and they are saying there was no
parliamentary approval and we were not accessing it.
Accounting officer:
You know actually when Mr. Sendaula was still in the office he actually brought the
resolution to parliament but then I dont what happened.
Hon. Nathan Nandala Mafabi:Yeah there was a resolution but I think he never presented it.
This query was even under ministry of works
Accounting officer:
Yeah that is where he was housing and communication.
Hon. Nathan Nandala Mafabi:Next
Yes accounting officer
Accounting officer:
Mr. Chairman our account at Stanbic is number 1400016610. This account was used to
collect evaluation fees from the beneficiaries of pull houses as observed by the audit. It
was not possible to avail this information at the time of audit because the function had
had not been transferred to this ministry. The function is reverted to ministry of lands
housing and urban development in January and the balance on this account as of 30 th June
is now 22,183,521 million and I have since instructed to close the account and transfer
the balance to the consolidated account.
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Hon. Nathan Nandala Mafabi:
Annex 2 is there
You mean our government value is very cheap like this?
Because whenever they value they say 0.125% assuming we have got; the other time it
was about 50 billion.
Accounting officer:
30 actually
Hon. Nathan Nandala Mafabi:
30 billions. It should be over 75 million.
Accounting officer:
This has been a collection account money was being transferred regularly and even it has
never been used for this purpose and that is even why we decided to close it because even
the evaluation funds when we do dont draw from this account. So account really was just
collecting and transferring to the consolidated account it wasnt being used for what it
was setup for. It should been drawing many and do the evaluation but it was not used for
that it was just a collection account.
Hon. Nathan Nandala Mafabi:
So auditor general I think you have to audit this account. So we send this to auditor
general to audit all the annexes you gave because they are not transferred so let the
auditor general audit them.
Hon. Tindamanyire Kabondo:
Mr. Chairman I want to ask accounting officer. Do you know accounting officer one of
your responsibilities is to ensure proper accountability in all the government accounts in
your ministry?
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Accounting officer:
Mr. Chairman if you go back to a little bit of history this ministry of mind is new it came
being in 2006 and it has taken it a long time to settle down and begin to work. It took for
example two years for the housing aspect to be cleared what was moving from the
original ministry of works housing and communications which broke down to works and
transport and this one really was created a new ministry. And because of doing and
toiling who is doing what in housing there was no transfer of responsibilities in that area
until later say 2009 Jan that is when I was formally handed over the full housing
committees and its responsibilities, this is an account under that committee and that when
it was handed over is when we started doing what we are saying.
Hon. Kabondo Tindamanyire:
So you run this
Accounting officer:
No we are not doing it-we are not doing it. It was still with ministry of works and far as
lands is concerned because works hasnt handed it over.
Hon. Kabomdo Tindamanyire:
Do you see that is it your responsibility as accounting officer?
Accounting officer:
Yes when it is handed over to me. If and it is handed over to my ministry yes before it
comes to my ministry it cant be my responsibility and that handover must be formal.
Hon. Nathan Nandala Mafabi:
I think the whole issue which the member is bringing is that you should be aware.
Accounting officer:
Yeah I understand what he is saying but all I am saying is that I could start taking
responsibilities for something that has not been formally given to me.
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Hon. Nathan Nandala Mafabi:
This clearly shows governments accounts are understated because this money is not
reflected any where in the accounts of government.
Accounting officer:
Mr. Chairman it is true that by 30 th June 2007 the starters of the ready accumulated
arrears had not been compiled the position was established by 30th September 2008 to be
660,547,251 million and this position by June had reduced to 506,660,956. I have
actually because it seems these fellows are not really paying this money like they should
so what we have done is to ask the Housing Finance Bank to consolidate this rent arrears
with mortgage obligation of these fellows so that this arrears can start earning some
interest for government.
Hon. Nathan Nandala Mafabi:
But if you are in my house and you dont pay I though I chess you
Accounting officer:
But then this is government and these are its citizens and it also goes to those social
responsibilities.
Hon. Nathan Nandala Mafabi:
But no dont they get salary?
Accounting officer:
Yes I want to assume that they do and there have been repulsions in meeting the
obligations so instead of keeping on running after them we have consolidated these
arrears with mortgage. So now they will become part of their mortgage obligation and
they will also be attracting some interest.
Hon. Nathan Nandala Mafabi:
How do we get it? Rent goes where?
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Accounting officer:
We are supposed to pay in the same account
Hon. Nathan Nandala Mafabi:
In the same Bank
Accounting officer:
Yeah the Housing Finance Bank
Hon. Nathan Nandala Mafabi:
This is a very complicated case
So now rent we are not so sure.
Accounting officer:
Mr. Chairman I think with this obligation we shall be sure because even what is
happening is that some of these properties were being sold to third parties which third
parties were even denying the responsibilities but the good thing they hadnt yet taken the
possession of titles. So now when you consolidate them with mortgage even the third
party who has bought the property will have to pay to get clearance of taking the title.
Hon. Nathan Nandala Mafabi:
What about those who took before?
Accounting officer:
No, most of these guys actually had not.
Hon. Nathan Nandala Mafabi:
Because I am told that goodwill now is on Buganda road flats with 200 million
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So for us who left early we lost. So you are saying you have mortgage there.
So Auditor General is there any thing you can read from that; the only thing is that may
be confirm whether this has been merged.
Auditor General, Auditor General you confirm to us then.
The rate that is has now been part of the increased now the good thing with it now is that
we are earning interest on it that means you refuse to pay so it becomes part of your
obligation it attracts the interest. The only thing you have to confirm if all these have
been now added to the outstanding mortgages
Accounting officer:
Mr. Chairman out of your observed 261 properties, the beneficiaries in this category at
the time of audit 115 of them have since exhibited mortgages but the delay in executing
mortgages seems to derive the difficulties individuals have in traversing the procedure of
obtaining the title. However, since the function of titling resides in my ministry, it was
agreed that Uganda lands commission should play a modern and growing in assisting
those processing titles to ensure the speed up of the process. Mr. Chairman the problem
here is that we have difficulties which I will admit to and some of the individuals when
they are processing titles individually it takes time for them to go through the process of
our ministry to get a title and this also locks their process of getting the mortgage. So
what we are saying is that we should help these fellows and have land commission deal
with these cases in a batch so that land commission would actually be the one to submit
them to registration for the titles and then it would charge them an administrative fee.
But according to the lands commission they havent sat down as a board to pass it as a
board resolution to be able to do that.
Hon. Nathan Nandala Mafabi:
Members you have the listing it is there.
These are people who have not got the execution but most of these have sold this
property. Like this Kololo here, Mpala there I saw it.
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Accounting officer:
But even then Mr. Chairman still the person who bought that thing needs to execute the
Mortgage.
Hon. Nathan Nandala Mafabi:
But are they paying the principal with interest as much as they have not executed the
mortgage?
Accounting officer:
They did that that is why have moved down to this stage where now they need to there is
a form they fill it, they do the stamp duty and then they go for titling.
Hon. Nathan Nandala Mafabi:
So the only thing is titling?
Accounting officer:
Yes
Hon. Tindamanyire Kabondo:
Isnt there a situation where a third party comes to ask what is the total figure instead of
getting mortgage
Accounting officer:
It is a possibility but I dont know whether it has ever happened where the third party
Hon. Nathan Nandala Mafabi:
Many have done it
Accounting officer:
Yeah it happens that would of course oxidize the whole thing that you dont have to go
through mortgages he pays the upfront.
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Hon. Nathan Nandala Mafabi:
So the money is now available to lend?
Accounting officer:
At a commercial rate
Hon. Tindamanyire Kabondo:
What percentage is it available?
Accounting officer:
Of that type?
Hon. Nathan Nandala Mafabi:
All of them this one you are saying they have paid.
Accounting officer:
It is very high
Hon. Nathan Nandala Mafabi:
It is very high; this Mpala all in Kololo is gone, this Acassia here.
Hon. Nathan Nandala Mafabi:
Any way Auditor General where is our loss here. Let us look at the loss so that we ask the
accounting officer to pay.
Accounting officer:
Let them go to ministry of lands and housing division and see the gentle man called Mr.
Lubowa.
Hon. Nathan Nandala Mafabi:
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They have never left houses up to now down there you will never get houses at Lubowa
they are still there. Mr. Lubowa when are you becoming the PS; he doesnt want with
more appeal in houses.
Accounting officer these are 178 they are supposed to be 261.
Accounting officer:
Mr. Chairman that list the annex which we have appended there has not been reviewed
like I have reviewed these answers so you may find that when you talk about these 115
who now have performed may be some of them are still being indicated in that schedule
and we need to leave it and now give you one which now reflects 146.
Hon. Nathan Nandala Mafabi:
Let us get clear now; one these people have signed they have not only got titles but they
are paying mortgage with interest. Is that true?
Accounting officer:
I dont know whether they are pay this interest. When they do the commitment and they
open up that relationship with the Bank this where unfairness can be made in it because
now from the point of view of the buyer because now you start charging him the interest
and yet he hasnt even got his tile, he has not even finished the mortgaging processes.
Hon. Nathan Nandala Mafabi:
But here we are charging
Accounting officer:
Of course if it is the point of his own not being responsive to the situation that is it then
may be it can be because of our problems.
Hon. Nathan Nandala Mafabi:
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Accounting officer here the reason is the title whether he has the title or not he has to pay
the interest. So we want you to confirm despite the fact that they dont have the title
whether they are paying because the title will come eventually. Are they paying?
Accounting officer:
We need to establish that.
Hon. Nathan Nandala Mafabi:
Because we may be not charging them let me give an example I have seen somebody
here he was given 55 million in
Accounting officer:
Mr. Chairman Can I ask Mr. Lubowa to tell us.
Hon. Nathan Nandala Mafabi:
Yeah he should tell us
Yeah Lubowa tell us
Mr. Lubowa:
Mr. Chairman what happens after paying the 8%,
Hon. Nathan Nandala Mafabi:
Yeah go ahead
Mr. Lubowa:
After paying the 8 % of the whole payment the interest begins to accrue so the Bank
computes the interest which has accrued.
Hon. Nathan Nandala Mafabi:
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No, no it cant happen
Hon. Saleh Kamba:
I though you will get the title after finishing all the payment.
Accounting officer:
Yes. And the title is deposited in the Bank.
Hon. Nathan Nandala Mafabi:
Auditors General we want you to confirm these people dont have the titles but they are
paying their monthly payments with interest ok that is what we want you to confirm and
if we find out that they are not paying the accounting officer will be held responsible.
Accounting officer:
In that case Mr. Chairman I can get the property and sell it to some one else.
Hon. Nathan Nandala Mafabi:
But I am advising you in advance to know that the moment we discover that these people
are not paying the interest.
Accounting officer:
Yeah. But Mr. Chairman how do I engage you to pay they have told you to pay how do I
engage you to pay. The only penalty I can list upon you is to disposes you from the
property.
Hon. Nathan Nandala Mafabi:
No, no we dont have any problem with that no I think you have not got the argument we
are saying the moment somebody gets the allocation, he deposits 8% he should
immediately start paying the mortgage even if it is in arrears that means he has the
obligation but the moment we hear you have not told him the obligation you will be
responsible.
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Accounting officer:
No that is in terms of the letter of offer.
Hon. Nathan Nandala Mafabi:
Ok. Go to the next
Accounting officer:
Mr. Chairman there we some 95 case that were observed by the auditor that they had
actually got the titles but they had not completed to execute their mortgages and by the
time now we are responding 80 of them have performed and the full housing commission
also recognized this problem and resolved to be more firm with non performing in house
fund allocaties. These 15 cases which are still outstanding we have actually disposed
them out of these properties.
Hon. Nathan Nandala Mafabi:
That is better
Accounting officer:
No we have actually given them a notice by the end of the month or else we shall take
back the property end of July.
Hon. Nathan Nandala Mafabi:
These are the ones in annex you attached
Accounting officer:
Annex 5 yes
Hon. Nathan Nandala Mafabi:
Yeah if they are not paying
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Accounting officer:
By the end of this month we shall take back the properties
Hon. Nathan Nandala Mafabi:
But Rugamera died isnt it so?
Accounting officer:
His estate should have performed
Hon. Nathan Nandala Mafabi:
But is Rugamera there?
Accounting officer:
Yeah he is there
Hon. Nathan Nandala Mafabi:
The only thing he lost is RDCship.
I know him he was a tuff RDC in Bugisu
So these one you have told them to perform
Accounting officer:
Yeah we have told them to perform by the end of this month or else we shall take back
the properties.
Hon. Nathan Nandala Mafabi:
Yeah if they dont perform I think we need the houses there are many people across who
need them.
Accounting officer:
Mr. Chairman Can I go to the next?
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Hon. Nathan Nandala Mafabi:
Yes it is ok
You go to the next accounting officer.
Accounting officer:
Mr. Chairman as observed by the Auditors general these condemn year properties; these
are condemn year properties whose plans were not ready and some surveys had not yet
been done and the deposits were made to secure the interest of their allocaties. Auditors
generals fearness was thought obtaining prier of being sold. 250 of these cases have since
received they were 343 and 250 of them they received their values and the evaluation Mr.
Chairman was delayed by lack of condmnier plans which plans have now being received
and they should be getting evaluation of these properties and we are saying that by
September we shall have communicated to everybody about the evaluation and we expect
you to be there.
Hon. Nathan Nandala Mafabi:
But I think the argument is that are we not going to lose the interest as much as I have
deposited I have secured the interest.
Accounting officer:
Mr. Chairman, now we gave them offers I think let him explain
Mr. Lubowa:
What happens in this case the offers were given on the estimated values what was
estimated is what would be equivalent say 10% of the property value and these people are
supposed to continue paying even the monthly installments of what is estimated to be say
the rental value of that property that is what they pay monthly. For instance In Kampala
like say Buganda road where some one had got the property he makes a deposit payment
say 5 million and then he makes the monthly payment of 300,000/= per month that is
how it was done.
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Hon. Nathan Nandala Mafabi:
So the 300,000/= does it go to the purchase of the property or that is our rent?
Mr. Lubowa:
Towards the purchase of the property
Hon. Nathan Nandala Mafabi:
How?
Mr. Lubowa:
Because we didnt want to lose value
You pay a deposit say 5 million then on monthly basis you continue paying 300,000/=
that is how it is done.
Accounting officer:
When you get the evaluation now done the true value of the property will now be
established and it will be dehiscent with what ever is it that you have paid and you get the
balance.
Hon. Alex Byarugaba:
Mr. Chairman what was additive government value?
Accounting officer:
The additive government value that is evaluation
Hon. Alex Byarugaba:
Exactly after what was it?
Accounting officer:
That actually why was saying here that some of these properties had no cadmium plans
and there fore the evaluation could not be done the cadmium plans had been delayed.
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Hon. Alex Byarugaba:
Mr. Chairman you what was see he going to do? What was he establishing?
Hon. Nathan Nandala Mafabi:
You mean you are just giving detail and whatever and you do nothing?
Accounting officer:
I think there is a bit of misunderstanding here now first of all if there are cadmium
properties lets say that the cadmium property or a unit is different from a flat and
average person thinks that a flat is a cadmium unit no it is not. So when the law of
cadmium was passed these properties existing were supposed to be converted into
cadmium units that conversion depends on two major factors;
1 The land must be resurveyed where the properties are. The survey must take in to
the account the cooperation how the owners want to put on that land you know it may be
in blocks and two floors one are three. Now three the cadmium plan must be drawn to
indicate each unit because the unit on the third floor may also be having a garage on the
ground floor and what have you, so all those parameters are just established. When they
are established then we value you start getting certain words like unit factor that means
that is the proportion of value of land your flat which you call a flat now which we call
the cadmium unit has. So the inspections which came in were not final. We move on the
ground to see the properties say for example Kiira road there are many units on the
ground but they dont have boundaries and they dont have reference numbers we had to
go, Naguru this former East African Community flats we went at least we saw we know
what they are but not until the details come dictating who owns what space, what factor
of value of land he attributes to his flat we cant complete the evaluations.
Hon. Kabondo Tidamanyire:
What do you mean factors coming in from where?
Accounting officer:
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No the factors come in when you are surveying you are creating cooperation. The
cooperation is that body that is immediately established of the owners of the cadmium
units. You are establishing the value of proportion for land per one, you are allocating the
outside garages and what have you that one is done by an architect and that is what we
call drawing up a cadmium plan because you see those areas especially the government
properties having been what they are some of them were not surveyed, some were
surveyed and they had been encroached on so the architects could not draw the plans
until the land had to be resurveyed that is why consultants will engage to establish that. In
fact that process delayed the whole thing even in Nakasero here where we had run the
evaluation people again changed their position and created again new cooperation and
they increased the number and we have to re-do. So the inspection definitely what we did
good enough those which were clear we came out with value, those which were not we
gave information to housing to Lubowa say this one go back, this one there is an error,
this is this and this and this is what they have been doing and this where the PS has said
the plans have started coming in I think yesterday I got some, the Entebbe ones are
coming in and those ones in Naguru so we hope we should be able to complete the
evaluations with in the next two months.
Hon. Kabondo Tindamanyire:
Mr. Chairman Can he be more specific when he says the tenants changed the cooperation
it is not clear to me so that it affects the evaluation?
Accounting officer:
Lets take an example of Bugolobi if you have four blocks of flats and each one is 32 ok
they are sitting on may be one and half acres now when you value them together, then
each one of those depending on it size, bed rooms and all that will be having a factor unit
in the value of land. Now if you happen to change that one so that the 5 blocks are now
divided into two co-operations, you have two on one unit and then three on one unit you
have to look back and see how much land are the two take and who is there and how
much land are the three taking. So the figure will definitely change and the owners of the
blocks know either they want to have more land on their side and fought for the boundary
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here instead of here so that is what happens things change you ask them they know why
they fight over that instead of two or one or three.
Hon. Nathan Nandala Mafabi:
I thought it is simple mathematics
Accounting officer:
No it is not simple you know they normally fight over land because they are either getting
more land or they know bigger numbers are difficult to manage they want to manage
their and that. If it was uniform it would be what you are saying but normally what they
do is not pro-data there are few things which change on the ground.
Hon. Saleh Kamba:
Mr. Chairman. Is your department computer illiterate? Is it computerized?
Accounting officer:
To some extend we are computerized but depending on what you are asking
Hon. Kabondo Tindamanyire:
Assuming you have parameters all some body came up and say I have changed to this
condominium we have added on another block like lets use the example of Bugolobi.
Blocks say 1, 2, 3&4 and now they say they add on 5 to make that cooperation of that
group and you have all your parameters dont you think you would just put in all that
work?
Accounting officer:
It is easy that why I have said it is not taking long do you give the information and that is
what is coming in.
Hon. Kabondo Tindamanyire:
But this is 2009 you get it
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Accounting officer:
Yeah but you are trying to give me a job of the architect the consultant who was
surveying, the consultant who was drawing the plans I was not there sir I am telling you I
am just receiving the information.
Hon. Kabondo Tindamanyire:
Who employees the consultant and the architect because at that time for us we are
concerned that is Lubowa; so he is the one making the government lose the money in the
process
Accounting officer:
It is not Lubowa
Hon. Kabondo Tindamanyire:
I am saying we are going to point our hands to you.
Hon. Nathan Nandala Mafabi:
The government is also very good is the party in Lubowa
Hon. Peter Mutuluuza:
Mr. Chairman I think what the member is asking may be is why the consultants who were
given this job took all that long to come in with the results of their exercise and that is the
question which havent been investigated.
Hon. Nathan Nandala Mafabi:
But accounting officer we are not agreeing with the government bowler one you have the
condominium you have valued the property our job is to divide the many and start paying
why should some people change are they not buying time?
Accounting officer:
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Yes with your permission you know this is the problem of explanation and people
misunderstand the information. We have only one area where that one has happened that
is Nakasero he was asking me the factors but the truth of the matter is that the other one
did not have their surveys through and the condominium plans drawn through it is now
that they are coming. Those ones which came we did that is why you hear others bought
and others did not.
Hon. Nathan Nandala Mafabi:
Can we find out from you when did this start the issue of properties to be given to the
civil servants this one specifically when did it start?
Accounting officer:
The condominiums?
Hon. Nathan Nandala Mafabi:
Yeah
Hon. Kabondo Tindamanyire:
Lets use example of Bugolobi. How come Bugolobi which was of national housing is
almost all through and that one where the government has more interest is so slow to be
implemented.
Accounting officer:
If I may simply say plainly the consultant who was given that job delayed.
Hon. Kabondo Tindamanyire:
Are you trying to suggest that the consultants employed by government are so slow and
those employed in private sectors are more efficient?
Accounting officer:
You may take it that way but that is the truth
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You can ask the accounting officer I have talking on this he can answer him self what I
want you to note is that I am not delaying any evaluations as soon as they come I do my
work.
..
Mr. Chairman like I said that the member wanted to know really why the member had
taken time to come out with their work and I was begging the indulgence of the
committee that I havent really gone in to the investigation of this completely I could say
one or two things but I would be wanting to give you a clear answer why it has taken
such a long time I think that is the concern you raised.
Hon. Nathan Nandala Mafabi:
Yeah. And accounting officer you should notice values of properties have changed! Now
if these civil servants had got those houses the other time the value would be different
now the value we are going to attach to them is the current value.
Accounting officer:
We are already having problems like that actually.
Hon. Nathan Nandala Mafabi:
No the evaluation should be now the only person you should take to court is the other one
Accounting officer:
Why? Mr. Chairman you see when the offer was being given to the buyer was that you
have been allocated to this property without value then they give you provisional amount
of money to pay as a commitment and then they tell you the value will be given to you
after the evaluation. Now if evaluations take such long time by the time evaluation is
done after 5 years down the road may the property would have been 20 million you do it
5 years after may be it is now 70 million now this is the value which is actually
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communicated to you. Now the value if 70 because you are informed at a time that you
will be given the value the true value after evaluation.
Hon. Kabondo Tindamanyire:
Mr. Chairman it is not the question of evaluation only at that time but there is also
question of creating payables as far as government is concerned especially people who
are making this and whatever and I would not be surprised if you find in the subsequent
years the percentage of payables of ministry of lands and whatever will be going up
because people who are supposed to be doing work and be paid at that time take so many
year in the process will accumulate a lot of work.
Accounting officer:
It was actually change of the cost of the unit of the property on the payment.
Hon. Nathan Nandala Mafabi:
The payment to the contractor
Accounting officer:
The contractor was ranched he was given contract plans for a number of year and then
you find that the problem has been in some instances that even the that had been given to
the contractor had not been fully appreciated the extent of the work like in the
achievement value I have been telling you some of this land had been encroached up on
and these facts were not even known and when you are giving some one work go and
value that property he goes to the ground and he actually discovers a lot of difficulties
accompanying that property then now he comes back up you find work even becoming
bigger because of the issues on the ground which were never appreciated at the time
when you are giving him the terms of reference.
Hon. Alex Byarugaba:
Mr. Chairman. I still dont understand first of all in fact there are normal procedure of
attaining the government property is to look at the value. You can not tell me you went to
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offer the government properties with out valuing the property. Why did you rush to sell
the government property without determining the value? In fact you are changing the
normal procedure of offering the government properties.
Accounting officer:
Mr. Chairman the rationale was to give comfort to the person sitting on the property
because the main thing of giving out these properties is you sell it to perceiving sitting
tenant that is the regulation to do with housing sells that the person who is occupying that
house that public servant has the first call. But now if you are not giving him if you
havent got the value and he is sitting on it and you are going through this issue, the
money you would actually go away or die some thing like the honorable here was saying
and then they would lose that property because some one else will come in it and then the
new person would be the one to take it the other person will be dispossessed simply
because you hadnt finished these processes so you actually hanker that thing give it to a
person who is there then there you start doing his work.
Hon. Nathan Nandala Mafabi:
So now the issue is these people are going to be disadvantaged we gave them the comfort
to be sure they would be the ones to buy. The disadvantage the will pay the make price.
Accounting officer:
But it is still not the market rate but it has gone up actually it will be the same value as
that time given the values of this properties the considerations.
Yeah basically values appreciate over time dispite this financial crunch but the values of
today are different from the values of 1990, 2005 are different from in fact I get problems
from the allocates when we are giving them new values they are saying they are paying
much more than the others but the truth of the matter is the money that was paid in 1990
is more valuable and if you have put it in the account I think it should have accumulated.
That two the every moment we talk of the market we talk of the market today we are not
going to say ok let us put you to the base of 1990 or 1995 some thing like that so indeed
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they will pay more money but we hope they will be understanding that the value today of
the money is the value of the money in 2000.
Hon. Nathan Nandala Mafabi:
You have made a case because those who paid in 1990 the price is not the same as now
the money has also lost value. So we are giving you three months to do the evaluation
and finish and then also make sure that market price so that these people if fact this will
take care of the interest they would have paid if they had taken the mortgage at that time
so this one there is no big issue they should not cry.
Accounting officer:
Mr. Chairman where as the observations by the Auditor and collectors have returned with
the audit, the situation has since then changed and by June last month there were only 7
cases left in this category. You may also wish to know that at its last meeting the pull
houses committee sales resolved to repossess such houses that have not had any deposits
paid against their allocation. Letters of withdrawal have actually being issued.
Hon. Nathan Nandala Mafabi:
But accounting officer you give me an allocation I dont pay that means I am dodging the
interest so how are you going to handle such a case
Accounting officer:
But it is difficult to dodge the interest
Hon. Nathan Nandala Mafabi:
No but I have got the allocation. I dont deposit 3% because the moment I deposit that is
when I will start paying.
Accounting officer:
To fulfill their obligations or else their offers will be evoked. Then he also advised that
all those offers no money as yet should be sent a reminder if they are still in the palmers
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period to perform within that same period which has been done. The palmers period is
over by the time it is over seven cases were still out side. So these seven cases we are
taking back the properties.
Hon. Nathan Nandala Mafabi:
Allocate to other people. Who are these seven cases?
Accounting officer:
I dont think we have the names but that appendix I dont think it was updated.
Hon. Nathan Nandala Mafabi:
I have seen appendix seven here. Ministry of defense has refused.
Accounting Officer:
Where?
Official from Ministry of Lands
The list of 15 I think which you talked about
Hon. Nathan Nandala Mafabi:
But they were 150 not 15. You wrote 15
Accounting Officer:
Yeah. They reduced to 15 actually by the time we gave you this document the answer it
was 15 that is where I made this update it is now 7.
Hon. Nathan Nandala Mafabi:
Is the update here?
Accounting officer:
Yeah the book says 15 the update now is 7
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Hon. Nathan Nandala Mafabi:
Is it here?
Accounting Officer:
Yeah page 8 of the update.
Hon. Nathan Nandala Mafabi:
We have seen here but where is the annex?
Accounting officer:
Annex is this one annex 7 but it is showing 15 of them. So the 7 we didnt show the
seven.
Hon. Nathan Nandala Mafabi:
So who are seven?
So defense has refused the house.
Kabondo since you are from the good region there is a house here for defense they will
give it to you.
Where are the copies of the withdrawn?
Accounting officer:
Mr. Chairman we did not come with these copies but they are there but we can even bring
them in the afternoon.
Hon. Kabondo Tindamanyire:
You bring them in the afternoon
Hon. Nathan Nandala Mafabi:
You better give them to us and we see
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So what we are trying to recommend here is that the payment should be with effect from
the offer from the offer time to avoid loss of interest on the mortgage.
So who have not paid the government should reposes the properties immediately.
Committee clerk:
Roman five
Hon. Nathan Nandala Mafabi:
Yes accounting officer
Accounting officer:
Mr. Chairman this category originally it was 181 and some of these fellows hadnt even
paid the full 8%. The sales committee revoked actually this we shall also give you a copy
of this revocation of the offers.
Hon. Kabondo Tindamanyire:
Now who are there? Whose houses are those?
Accounting Officer:
Sorry
Hon. Nathan Nandala Mafabi:
They are back to us now
Accounting Officer:
Yeah the houses will come back to the committee
Hon. Kabondo Tindamanyire:
So those one who are there are they paying rent or what?
Accounting officer:
That is our problem because they did not even perform on their offers
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We are now just going to evict them and take back our property. For all this time they
have been living there. Those who had paid something will lose it because many of them
some performed others half performed. Those who half performed may those one
whatever they half performed may be regarded by government as rentals because we are
not going to refund any money.
Hon. Saleh Kamba:
That means those have not even paid the 8%?
Accounting officer:
They have not fully paid they paid a half way or some percentage.
Hon. Nathan Nandala Mafabi:
But accounting Officer you are saying re-allocated here- re-allocated here. You re-
allocated it to civil servants or the public?
Accounting Officer:
No, all these things are public servants so even we do re-allocation to the public servant.
And we have got cases of recusant members of the public who are actually living in
public service properties and they have refused to move out. When we evict them they
take us to court and we are continuing with that process also.
Hon. Nathan Nandala Mafabi:
Ok can we have those you re-allocated? You said there are those re-allocated but also
here we want them. When you re-allocate do you give the current market value or the
value at that time?
Accounting Officer:
That is now an issue. What do we do?
Hon. Nathan Nandala Mafabi:
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Is it true you valued these properties which were re-allocated?
Accounting Officer:
We havent given to him yet
Mr. Chairman if you look at these issues some of these guys had been within that
protective period which they were still having time with in which to perform. That time
has now expired so now it expires you havent performed you reposes. Now since I have
been advised the committee would probably say new values then it would be taken to him
to be valued. What is that property worth now?
Hon. Nathan Nandala Mafabi:
But this was re-allocated at what price
Accounting Officer:
Where is that re-allocation Mr. Chairman?
Official from Ministry of Lands:
No, they havent. he said that we shall have to lease properties re-allocated.
Hon. Nathan Nandala Mafabi:
No but here I have something from you. Have you seen this table? I have a table whose
handwriting is this? Lubowa?
Accounting Officer:
That is 8
Hon. Nathan Nandala Mafabi:
Yes
You have seen you have it there
Accounting Officer:
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Yes
Official from Ministry of Lands:
Those one which are shown as re-allocated the beneficiaries either passed on or the offers
elapsed and then they were re-allocated by the committee.
Hon. Nathan Nandala Mafabi:
Yeah. At what value?
Official from Ministry of Lands:
No they were re-valued by the Chief Government value committee.
Hon. Nathan Nandala Mafabi:
Can we have evidence of those re-allocated with the values and the re-allocates?
So can we have cases of where you have re-allocated and values you gave?
Official from Ministry of Lands:
It is ok you can have it
Hon. Nathan Nandala Mafabi:
So here now what we are saying those which were re-allocated we want to see the values
and who bought them.
Those which were non-performing and then we say cancel all. Cancel those which are
non-performing. We need proof of that immediately.
We want the government Baluwa to do the evaluation.
Government Baluwa in three months if you are given this cant you finish it in one week?
Accounting Officer:
Mr. Chairman let me answer for him because he is every loaded man. Valuation in
ministry is an area which really heavily loaded in that if you just look at this and you
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think it is just 4, 5 houses, there are a lot of property and work which is actually on his
desk. So he needs to sit down and evaluate.
Hon. Kabondo Tindamanyire:
Why are you interested in this?
Accounting Officer:
I am telling you my problem because now what do you want me to tell you. I can tell you
in one week I would have done it when I cant I need to tell you why I can not do it in
that short time.
Hon. Saleh Kamba:
Mr. Chairman is the PS why cant you allow him to take his responsibility?
Accounting Officer:
No, the responsibility of the ministry is mind
Hon. Saleh Kamba:
Are you the one inspecting his duties?
Accounting officer:
I know what kind of responsibilities he has
Hon. Nathan Nandala Mafabi:
You have made that man redundant accounting officer
Accounting Officer:
Really this is my responsibility the general management of the ministry and I know now
what is in the pocket of the evaluation I can tell you that he can not finish it in three days.
Hon. Peter Mutuluuza:
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Accounting Officer:
That is when we shall be able to tell you when we shall complete this work because even
this evaluation he hasnt received this as yet. Because the sale committee sat I think on
Wednesday this week and it had already said it was going to do this now it has done it
then we need to take these properties and pass them over to evaluation instructing them to
re-value.
Hon.Saleh Kamba:
Mr. Chairman assuming we made a comment that may be the accounting officer is hiding
something for it not to be valued.
Accounting Officer:
No, no otherwise I wouldnt even be issuing the eviction orders and what have you.
Hon. Nathan Nandala Mafabi:
Ok we are giving you; you must instruct him with in two days evict, instruct for re-
evaluation and we shall give him one month to make sure that these properties are given
away to new civil servants. Dont give them to your selves.
Accounting officer:
We have finished this issue Mr. Chairman I dont want him to open it up again. Please.
Hon. Nathan Nandala Mafabi:
Ok. We are giving you one month
Ok. Auditors General also verify that what they are saying was done that means the
money which was outstanding it remains there are you getting me? Here they said 150
they are saying there are only 15 that means the others had done it so remember to cross
check that it is there that applies to also 131 properties.
Committee Clerk:
Six
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Accounting Officer:
Mr. Chairman six is the VAT payment to URA and we are saying that remittances to
Uganda Revenue were stopped and the URA request the Attorney General that the matter
be resolved through an out of court settlement and Attorney General has not yet advised
us on what settlement they have arrived at with URA on this issue.
Hon. Nathan Nandala Mafabi:
I think this was the price of the houses was going up. Isnt that what it means?
Hon. Alex Byarugaba:
Why is it that the ministry has to wait for the ministry of justice?
Accounting Officer:
I didnt hear what you were saying. I am sorry I didnt hear.
Hon. Rebecca Atengo:
We were talking about the 170 million why is it constant and yet the amounts being
received are varying given the evaluations being done; 170 million VAT payments is
constant over the years.
Accounting Officer (PS):
The accounting officer had already explained that these were the arrears according to
what he captured actually. There are arrears whose prime schedule had been negotiated
between agents HFCU and URA and it was so secure that an appeal had been made to the
commercial court and HFCU had been asked to stop remittance to URA until the matter
is resolved. The negotiation seems to be between HFCU and URA to pay that constant
amount of money over time.
Hon. Saleh Kamba:
That is the arrears. You mean the subsequent one is up to date?
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Accounting Officer:
The problem is I think even these arrears of 170 are consistent we had not complete
because now the HFCU went again to court and appealed because it stopped and the
URA and I think is the one dragged to court for non payment. And that is what we are
reporting on that URA and Ministry of Justice they are looking at an out of court
settlement and dont know the details on that as yet.
Hon. Nathan Nandala Mafabi:
I think accounting officer the argument is here that every month the stock of houses is
increasing as it increases the VAT should increase. Why were you maintaining it at 170?
Accounting Officer:
Mr. Chairman I think this 170 regards the arrears not with new payments it is arrears and
these arrears are likely to cease here in the narration of the audit it was in negotiation then
you pay so much for what ever period it was. Then along the line they contest that again
and go to court that why at all such I be paying any VAT any way.
Hon.Alex Byarugaba:
Mr. Chairman I think there are two issues the accounting officer is talking about the
arrears but the query is about the sale of pull houses there no is correlation of arrears
which means it is other at the time of sale. What is being constant is a figure.
Accounting Officer:
Mr. Chairman I am actually looking at the narration of the audit
Hon. Alex Byarugaba:
Then this one which value is this?
Accounting Officer:
You see that is the first paragraph you are reading. If you read the 2 nd paragraph of the
narration audit the explanation of the accounting officer which he gave at that time which
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the auditor picked and put here. This issue came to me when it was actually at this stage
of stoppage and the clearance with in URA and justice and that is where it is still. The
background I am also looking at is the narration of the audit.
Hon. Nathan Nandala Mafabi:
Accounting officer the issue is that you are paying 170 million per month.
The stock of the houses is increasing that means the VAT component should be going up
to be able to answer this we want you to tell us how did you come to 170?
Accounting Officer:
Mr. Chairman that is what I am saying if you look at part B of the narration of the auditor
he is saying these were arrears whose repayment scheduled had been negotiated between
HFCU and URA they are the ones who negotiated this figure of 170.
That is where negotiations were based on.
Hon. Nathan Nandala Mafabi:
You get the negotiation because the negotiation must be on a basis. Let us get what was
the negotiation? What was the principle amount? Ok. What was decided as the monthly
deductions or payments? Then what about the current?
Accounting Officer:
The current which period
Hon. Nathan Nandala Mafabi:
No, let us look 2006/2007
Accounting Officer:
Which one the current before the stoppage?
Hon. Nathan Nandala Mafabi:
Yes
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Accounting Officer:
Mr. Chairman if I understand you correctly may be now what you need me to tell you
which information I dont have is the basis of this negotiation because I dont have that
but I can ask the Housing Finance to give me the details of that negotiation. What were
they negotiating before to arrive at this 170 because their negotiation started from the
figure I dont which then they agreed with URA that they will now pay 170 for a given
period of time which I also dont know and then I can give you that information from
Housing Finance because the negotiation was between Housing Finance and URA.
Hon. Nathan Nandala Mafabi:
This value would be constant if the stock of the houses sold is constant so what happens
is if your house you had bought it at 20 million they will add on VAT. Are you getting
me?
Accounting Officer:
Mr. Chairman you see I understand what you are saying supposing you had a bank loan
of say 10 million and I cant pay it now we go to tax man we start negotiating and say I
cant pay this money but may be we negotiate and say I will pay you 8 million we break
it up I will pay you monthly payments of so much then I start paying you the same figure
in mind which are arrears.
Hon. Nathan Nandala Mafabi:
That one we dont have any problem
Auditors General are you ready?
Auditors General:
May be the PS will have to add us more information on more interest paid on that money
plus your minutes. Do you have any money?
Accounting Officer:
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Yes of course we have an interest then the principal would have been the one to get into
the work I am not the principal in the arrangement between the government and the
housing finance it is ministry of finance. And it will be with ministry of finance not with
me because now the government interest in this case has been taken care of by ministry
of finance. It is the principal between the agreements drawn between the housing finance
and government of Uganda. Now for me my interest is because I generate the money and
also as you noted we need to do the scheme for the public servants to continue assisting
the public servants so I am interested in that as a secondary partner but originally the
people with that responsibility between the two government it is finance that will
represent the government.
Hon. Nathan Nandala Mafabi:
I am going to say you should be the one who is having the more interest. You have the
houses for your civil servants. Who pays this VAT?
Accounting Officer:
By the housing finance
Hon. Nathan Nandala Mafabi:
No
Accounting Officer:
Ultimately yes the people who are putting the money
Hon. Nathan Nandala Mafabi:
Housing finance is the collector on behalf of government
Accounting Officer:
That is why it was actually stopped
Hon. Nathan Nandala Mafabi:
You are the one making the prices for the houses of the staff too high
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Accounting Officer:
Mr. Chairman with all due respect I am not the principal of this arrangement I dont see
how I can become an act when I have no role in the agreement my interest is secondary.
Hon. Kabondo Tindamanyire:
Mr. Chairman who determines the figure?
Accounting Officer:
Which figure?
Hon. Nathan Nandala Mafabi:
Of VAT
Accounting Officer:
That is government
Hon. Nathan Nandala Mafabi:
No, the government Baluwa gives 20 million that is the basis of VAT and accounting
officer it is you who is making the prices of the houses so high first of all you want to
reduce the interest. Now you are charging them interest on VAT we are saying you
should be very interested to make sure that the rate which is applicable or the amounts is
not so high assuming now you have agreement that you should charge them to be passed
to the civil servants because this money is being paid by the civil servants.
Accounting Officer:
Yes Mr. Chairman that is actually why we actually interesting our selves to see how this
thing is getting results but when it comes to issues of close follow up I believe in the
arrangements that were entered into by government with this bank the principal on the
government side should take the responsible and then for me as an interested partner
somebody who is to whom it may concern I would be asking this principal to make sure
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that this issue we want it to be like this or to be like that. That is why we are even asking
the interest payable on the loan scheme should be reduced.
Hon. Mathias Nsubuga:
Have you got any response from ministry of justice over this money?
Accounting Officer:
Actually they have not given us any firm response on this
Hon. Mathias Nsubuga:
I mean have you made any follow ups? Have you written to them?
Accounting Officer:
Yes that is correct of recent I have not but it was some time back I havent done it again
but I just talked to the auditor general that I didnt have position.
Hon. Mathias Nsubuga:
You are a responsible civil servant you know how things are done me I think you should
have showed a letter that you have been following up this issue but you have failed.
Accounting Officer:
The only thing missing Mr. Chairman is the letter but we have been really following up
this issue.
Hon. Nathan Nandala Mafabi:
Accounting Officer we are still interested in this 170. How did it come up?
Accounting Officer:
Mr. Chairman I was asking for your indulgence and saying that I could provide these
responses.
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Hon. Nathan Nandala Mafabi:
To who
Accounting Officer:
Me communicating now with the bank asking them the details other wise I dont have the
answer.
Hon. Nathan Nandala Mafabi:
You do that we want you to get for us how they came to 170 and that would be the one
that will determine the next questions. So without that we can not do much we need to
know how you came to 170. You said how many days were you putting your self?
Accounting Officer:
We havent discussed
Hon. Nathan Nandala Mafabi:
No you have been saying one day, two days
Accounting Officer:
Mr. Chairman it is up to you I am not in control of the response.
Hon. Nathan Nandala Mafabi:
Ok we shall give you seven days by next week on Friday we should be able to have this.
Members we have finished the civil servants houses. Is there any body that has a burning
issue on houses? You can ask your civil servants.
So members we go to the issue of land acquisition but it looks so big.
Yes accounting officer.
Accounting Officer:
Mr. Chairman this is this Mutungo thing really they have not resolved this issue as yet.
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Hon. Nathan Nandala Mafabi:
This is the Mutungo thing?
Accounting Officer:
Yes
Hon. Nathan Nandala Mafabi:
So what is the status now?
Accounting Officer:
Mr. Chairman the status hasnt changed
Hon. Nathan Nandala Mafabi:
Like last year
Accounting Officer:
Yes this man is still struggling with Mengo
Hon. Nathan Nandala Mafabi:
So the issue is now with Mengo
Accounting Officer:
And we are still havent moved it is really the same position as it appeared on this point.
Hon. Rebecca Atengo:
You put it on record
If there is a general confusion
Accounting Officer:
Yeah that the position is really I am just saying that it is still in court because they opened
the case against this landlord of this place.
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Hon. Nathan Nandala Mafabi:
Nsubuga, Nsubuga you follow up this thing with Mengo
Since it is court we shall wait
Committee clerk:
D
Accounting Officer:
Mr. Chairman this issue of D really had to do with some money that had been paid for
titles that seemly were encumbered and we now have a copy of these titles showing that
they are not encumbered may we may need to but I did no make a copy.
Hon. Nathan Nandala Mafabi:
We can run copies
Accounting Officer:
Because I wanted to remain with a set of copies
Hon. Nathan Nandala Mafabi:
So this one you are saying they were not encumbered
Accounting Officer:
You can look at it
I think this is the one in query
Hon. Nathan Nandala Mafabi:
Auditor general that they are not encumbered you verify and you let us know
Hon. Byarugaba do you have interest in this case?
Hon. Alex Byarugaba:
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Yes Mr. Chairman I have interest. When I looked at the ranches that have been
compensated, Masaka ranches they have not yet in fact recently on the floor of the house
they came and said they have never got any thing. Now can he tell us on Isingiro and
Ankole ranches?
Accounting Officer:
Mr. Chairman this one here he was really looking at this payment that was done out of
this ranching schemes but as general statement on these ranches that were restructured.
There has been a problem that we have not been able to pay the claimers for a long time
not only Masaka but also other ranching areas and recently the last time we came here I
think the committee advised us because even the ministry has never captured these
records in our final account which we now give we are interfacing the ministry of finance
to see how to get funds to pay these claimers in all the ranching schemes not only Isingiro
there is also Masaka, there is Bululi and all other schemes. Government hasnt paid these
schemes as it should have paid them basically that is what I am saying.
Hon. Nathan Nandala Mafabi:
They were aware that government you know why this was asking because they are the
ones who tool the land like us you took our land, Masaka I am sure you are the ones you
know the names which are there the Karugabas, the Kabondos and what ever.
Accounting Officer:
We have since then paid some members not all of them but the small money which come
in we pay.
Hon. Alex Byarugaba:
And another issue is that you took their titles since then up to know you have not returned
their titles.
Accounting Officer:
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There was a problem of clarity because it was not even clear about the surrender of titles
and some time last year I actually wrote a general letters to all the claimers under this
scheme to give me proof that they actually gave in their documents to assist me to be able
to assist me to make a proper record and then start look at that kind of stuff.
Hon. Mathias Nsubuga:
So you are in the process of making their pension?
Accounting Officer:
Yes they are coming in now and we are looking at those who dont have and they have
actually submitted.
Hon. Nathan Nandala Mafabi:
Let us do in this way we want you to give us all the information on all the ranches and
how far you have gone to compensate the owners.
Hon. Alex Byarugaba:
Mr. Chairman may be they do it this way how much has been valued? How much has
been paid? And what is out standing?
Hon. Nathan Nandala Mafabi:
So now we are saying we want all the ranches taken over
Accounting Officer:
What was now out standing is in the region of 18 billion
I think the original figure may have been actually what has been paid is very small think
what has been paid is in the region of 2 billion.
Hon. Nathan Nandala Mafabi:
Have you paid Musiguzi?
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Accounting Officer:
Musiguzi was never part of this
Hon. Nathan Nandala Mafabi:
These ranches what does the government use them for when they are bought?
Accounting Officer:
Actually the scheme has been actually to rationalize there were squatters in these areas
they had no land and some individuals had very large ranches so government thought in
its wisdom that it could cut pieces from given ranchers and then keep passing them over
to these fellows who are squatters leave away the problem of squatting.
Hon. Alex Byarugaba:
Mr. Chairman I also know most of them have been together and the squatters have been
paid to buy them selves where they have been like say in Busara some people have been
honored where was that money before?
Accounting Officer:
I am not aware of that
Hon. Nathan Nandala Mafabi:
May be that was for the board ones
Hon. Rebecca Atengo:
Of record why dont we try to do that in Lango and we see how it moves
Accounting Officers:
You dont have squatters you have customary land all over
Hon. Rebecca Atengo:
Squatters are all there we take them there
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Hon. Nathan Nandala Mafabi:
What about in Bugisu when are you doing the Squatters in Bugisu?
Any way I think we can give you one week to give us this so that we can answer the
query of ranches.
Hon. Alex Byarugaba:
May be Mr. Chairman I dont whether that one can help I have been reading papers about
this issue of land in Temangalo we settled it and the ministry was supposed to have
issued NSSF their title it seems this land is still encumbered. Who has those land titles as
of today?
Hon. Nathan Nandala Mafabi:
Amama Mbabazi
Hon. Alex Byarugaba:
No
Official Ministry of lands:
The caveats were removed and the transfers done to NSSF
Hon. Nathan Nandala Mafabi:
So the whole land is now in NSSF
Official ministry of lands:
Yes
Hon. Nathan Nandala Mafabi:
Who had put the caveat?
Who had caveated?
Official ministry of lands:
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NSSF was the one who had caveated
Hon. Nathan Nandala Mafabi:
How do you remove the caveat it is the owner now?
Accounting officer:
It was an interested party
Accounting officer:
That I think clears the error thank you very much
Hon. Nathan Nandala Mafabi:
That including the swamp?
Accounting officer:
Even if it was there the swamp is part of it
Hon. Rebecca Atengo:
It is a wrong forum
Hon. Nathan Nandala Mafabi:
It is a wrong forum but also accounting officer also at this juncture we would also want
you to go and find out we are told that there are some government officials who want to
take land from Byogerere Kirinya about 700 acres. I am told they are portioning
themselves some ministers, some officers 10 acres like they did it at Butabika. I am sure
Kabondo you may have been approached by now because you come from a good region.
Hon. Alex Byarugaba:
Mr. Chairman if we may conclude this one because it is of our interest really
Hon. Nathan Nandala Mafabi:
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Which one?
Hon. Alex Byarugaba:
That the title has now been given to NSSF how come zay is still on the land?
Accounting officer:
He can be there as a tenant
Hon. Nathan Nandala Mafabi:
No, no accounting officer that is not the issue of yours
Accounting Officer:
What we could say is that the titles that had been of concern in that issue which NSSF
had interest in they caveated them protected them as they were going on with the dispute
between the sellers and themselves. So when these disputes were dealt away with they
actually came and removed the caveat and the page stamp and the titles were transferred.
So that land which Mr. Zay is sitting on may be it is now part of this property owner.
Hon. Nathan Nandala Mafabi:
No, no if Zay is sitting on the NSSF it is the due of NSSF to evict him we dont know we
are sitting here we may be sitting on some bodys land. Alex can leave NSSF matters to
NSSF.
Hon. Alex Byarugaba:
I wanted them to be modest
Hon. Nathan Nandala Mafabi:
No, no for you; you have transferred the titles you have handed them to NSSF they could
submit them to Zay.
Accounting officer we go on
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Committee Clerk:
12.3 cash payments
Hon. Nathan Nandala Mafabi:
Yes accounting officer
Accounting Officer:
Mr. Chairman the recommendation guidance was taken and I am really saying since then
we are not doing this kind of the thing. But this is now I think Mr. Chairman there are
two issues here may be my answer was not adequate enough. I should have may be
appointed out that this was not impress money the ministry thus spend in cash when it
goes in to arranging work shops and seminars especially up country where we need to
pay participants and there is no other way we can pay them other than cash.
Hon. Nathan Nandala Mafabi:
But accounting officer we must tell you that if as you have added we need you to add
more information here. You withdrew money 1.1 billion cash now this cash was spent on
activities what we want you to be able to jump first to get more than what you authorized
you must get the PSSTs authority. No, no if your impress is 1 million then you want to
exceed 1 million, I think that is the function which has been delegated to the accountant
general or the PSST I dont know.
Accounting Officer:
Mr. Chairman my understanding of impress is that but I will still ask my PA to give more
light on that but at every beginning of financial year we do request for the authorization
of the impress to run the ministry during the financial year and as far as I am concerned
that is now the impress. But during the financial year as you transact the business you get
business which you need to transact in cash and when you do that transaction to my own
way of understand that is not part of the impress, Mr. Chairman with you permission can
I ask my PA to add on to that.
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Hon. Nathan Nandala Mafabi:
Yes let him add on
The PA Ministry of Lands:
Thank you Mr. Chairman, can I go ahead?
Hon. Nathan Nandala Mafabi:
Yes please you can go ahead
The PA Ministry of Lands:
I think the PS has been going through this what we are calling interest here is not actually
interest this has been our provision during our discussion with the auditors. These are
cash payments for the activities not interest.
Hon. Nathan Nandala Mafabi:
They are cash what? Payments
The PA Ministry of lands:
Yes
Hon. Nathan Nandala Mafabi:
What we want you to do is to tell us what was this. Did you get the details of that?
The PA Ministry of Lands:
He should be having them
Hon. Nathan Nandala Mafabi:
Because if it is a workshop which has been authorized that means you wrote a cheque in
the names of some Hotel in Mbale.
Accounting Officer:
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No, no is not the case this cash should be paying for example you if come to attend that
workshop as a fuel refund or some kind of allowance some thing like that.
Hon. Nathan Nandala Mafabi:
So that was the payment so you tell us so that we clear this. That would be the one to help
you to so what was this one training, workshop? So tell them we clear this but then we
are saying that cash payments must be minimized.
Accounting Officer:
Mr. Chairman that is appreciated and actually recently ST also guided on that and
recently as of that guidance we actually need to ask his express authority because
drawing this cash withdrawing which we need to make.
Hon. Nathan Nandala Mafabi:
I am told that he has given you 20 now you will planned it in a way that you will make
20,20, 20 or 19.9
Accounting Officer:
No, no
Because we show why we want that money so when we are going to have a workshop we
show say 50 or 70 million cash then we explain it is for this and that.
Hon. Nathan Nandala Mafabi:
No, no that is for clearance
Accounting Officer:
To clear
Hon. Nathan Nandala Mafabi:
That was ok but there is what he has allowed you to draw with out going to him
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Accounting Officer:
But my Ministry doesnt have that kind of money to be withdrawing it on a routine
manner.
Hon. Nathan Nandala Mafabi:
There s an audit going on I hope it will come up with all those
Now ok we have got these titles we are happy but there are two caveats there is just in
Kasaijja and Uganda land commission.
Accounting Officer:
You didnt give our copy back we gave it to you
Hon. Nathan Nandala Mafabi:
No, where is your copy
Accounting Officer:
You havent given it to me
Hon. Nathan Nandala Mafabi:
They say you have removed the encumbrance. You have not answered the question there
are two people who have encumbered it there is Justine Kasaijja and Uganda land
commission that is ok.
There are two people see here if it is not this