The group led by Tsama William and 47 others is seeking a court declaration that the right to life of twenty people who died as a result of the landslides which occurred in December 2019 was infringed.
Popularly known as ‘Tsama William and 47 others,’ the case has been pending since it was filed in 2020. Williams and others have argued that the Government of Uganda had been aware of the risk of landslides in Bududa for many years, but it had not implemented landslide early warning systems.
They seek relief from the courts, including declarations that their right to life, right to own property, right to physical and mental health, and the right to a clean and healthy environment were infringed when landslides occurred.
“Bududa district is likely to suffer from more landslides in the future because of the past history of landslides and, due to factors such as changing rainfall patterns and increasing extreme weather events caused by climate change and environmental degradation, and that if the affected people are not urgently relocated and resettled, further loss of life, loss of property and infringement of human rights is likely to occur,” reads their founding affidavit.
The group also wants the court to declare that the respondents, the Attorney General, National Environment Management Authority (NEMA), and Bududa District Local Government Council, are responsible for the violation and infringement of their human rights and freedom. The authorities deny their culpability.
Amos Mushiiza, the lawyer representing the landslide survivors, says that they are seeking reinstatement of an earlier application with a view to the court handling several declaration requests by the applicants.
Mushiiza says that the court has now asked the applicants and the respondents to file written submissions, and a ruling on whether the application will be reinstated or not will be made on December 10, 2025.
Tsama William, a resident of Naposhi village in Bushika Sub-County, says ever since they were devastated by the landslides in 2019, their lives have not been the same, a reason they are seeking court redress to compel the government to act.
Samantha Atukunda, an official with Greenwatch, a non-government organization, says the matter highlights the effects of climate change and the disputes that can occur as a result of climate change disasters. Greenwatch and Kakuru & Co. Advocates are supporting the landslide victims in their fight for justice.
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