The Court of Appeal has today (Tuesday), July 25, 2023, set the ball rolling for hearing of the case challenging the certificate issued by the National Environment Management Authority (NEMA) green lighting Hoima Sugar Limited developments on parts of the disputed Bugoma forest land.
The case was filed by the Africa Institute for Energy Governance (AFIEGO) and some members of Save Bugoma Forest Campaign (SBFC) in May 2021.
The members include National Association of Professional Environmentalists (NAPE) and the Water and Environment Media Network (WEMNET).
The Court of Appeal sitting in Kampala today heard for the first time this case that seeks cancellation of the Environmental and Social Impact Assessment (ESIA) certificate of approval issued to Hoima Sugar Ltd (HSL).
The ESIA certificate approved development of Kyangwali Mixed Land Use project in August 2020, which faced resistance from environmentalists saying the approval affected Uganda’s second largest forest reserve – Bugoma and would have grievous environmental effects.
Among other issues raised by the complainants was lack of community consultations ahead of ESIA approval.
Today’s court hearing outcomes:
· The Registrar of the Court of Appeal gave both parties timelines to file conferencing notes. The notes will contain the brief facts of the case as it will be argued by the parties to the case.
· The notes will also include the issues to be determined by court.
· The conferencing notes are supposed to be filed before the next hearing on October 6, 2023.
Mr Dickens Kamugisha, the SBFC Chairperson said: “We are happy that court has commenced processes to enable hearing of our case.
He, however, expressed dismay that the delayed hearing of the case has exposed the forest to much destruction which could have been prevented.
He also expressed optimism that the court will prioritise this case hearing and other environmental cases to protect Uganda’s last few remaining tropical rainforests.
The case was dismissed by the High Court forcing the complaints to rush to the Court of Appeal where their hope for justice remains.
These environmentalists see light at the time the NFA reports a historical destruction of the forest with between 6,000 to 8,000 hectares destroyed on the disputed parts of the forest in the past three years as of April 2023.
