Local Entrepreneur and proprietor of Green Lounge, Bar and Restaurant in Muyenga Ponsiano Kwizera is crying foul following repeated attempts by his neighbor Justice Andrew Bashaija to have his business closed.
Bashaija, a High Court Judge in the Civil Division is an owner of apartments that sit on plot 1652, in Ministers Village, Zimwe road in Muyenga, adjacent to Green Lounge, a bar and restaurant which is co-owned by Mr. Kwizera and Hakizimana prosper.
The judge has on several fronts used his influence to try and have Kwizera’s business closed claiming that the bar causes noise pollution from music and revelers who are drinking and partying all the time, very glaring sharp multi-colored lights, intrusiveness in privacy of residents of his apartments and potential for insecurity caused by the bar.
This website understands that a case was filed with the L.C.1 of the area but before the committee could carry out their investigations and rule on the matter, Judge Bashaija escalated the issue to the Kampala Capital City Authority (KCCA).
KCCA would then issue a notice directing that Mr. Kwizera closes down his business and relocates to another place. The notice was issued on 18th of December 2019, barely a month after the same body issued a trading license to the bar.
The license Number TLC: 2019811454 was issued by KCCA on 20th November 2019 and was supposed to expire on 19th November 2020 but due the Judge’s influence, the Authority’s hand was forced and they had to act.
Before a license is issued, KCCA is obliged to conduct research and ensure that the business being licensed complies with NEMA standards on noise and other standards as set by the Authority. But after less than two months, KCCA went back on their decision.
LC1 Committee Ruling
Having conducted their investigaions, the area LC1 committee ruled that; “the defendant is not liable for nuisance as the claimants failed to prove or bring any evidence as to the noise levels produced by the defendant.”
“The permissible decibels that the Defendant should operate in, under the National Environment (Noise Standards and Control) Regulations, 2003 were neither provided by KCCA nor the complainants,” the LC1 committee further stated.
“Much as the defendant is operating in the residential Area, he cannot be deprived of his Constitutional Right to livelihood enshrined under Article 22 of the Constitution of the Republic of Uganda 1995.”
“All parties should amicably continue to coexist together, live peacefully without any of the parties causing discomfort or disrespect against themselves whether they can prove their case or not.”
Concerns about the KCCA Notice
The LC1 ruling pokes holes in the KCCA notice which was issued out of ‘fear’ of the judge and not after conducting investigations to find out issues regarding the comment.
According to the LC1 ruling, KCCA never took time to find out how loud (decibels) the music playing at the bar was before deciding whether it was within or above the set standards by NEMA.
The Authority was also faulted for failure to provide the bar owner with the permissible decibels to use in that particular area.
Enter High Court
Unsatisfied, Justice proceeded to file the case with the High Court Civil Division, a court in which he holds a higher position of power and influence.
In his suit, Bashaija claimed that the said bar and restaurant in the course of its business activities has continuously and wilfully emitted irritatingly loud music and noise from revelers during the day and night and caused excessive noise pollution.
He lashed at the area LC1 committee saying it turned itself into the investigator, prosecutor and judge in the matter.
Court would later send an injuction barring Green Lounge Bar and Restaurant from playing any music what so ever, an order the owners agreed to follow.
Frustrated Business; Entrepreneur cries out.
Despite an appeal by Mr. Kwizera, the injunction against the bar was never vacated leading to frustration of business.
The bar was stopped from playing music which according to the bar owner has chased away customers leading to massive loss.
“The judge went ahead and told a blatant, plain lie, well knowing that after the order of the court, which he heads, I read and understood the order, and we decided no music will be played. As a result, our clients have reduced and our income has gone down,” Mr. Kwizera wrote in his letter to the Kampala Metropolitan Police Commandant.
“His calculated moves to defame our business and company name, alleging that our customers throw condoms over his fence, is a lie and proof that he is malicious, dishonest and bares false witness. We operate a bar and restaurant and not a hotel, motel, lodge and no one sleeps at this facility as he suggests.”
“If anything he operates a nursing, elderly home which has tenants that throw condoms in his own compound, to relieve their own stress and he goes ahead to blame his neighbours who are innocent, yet he knows the truth. He is the only complainant in the neighborhood of five close homes!”
Kwizera requested the KMP commandant to intervene in the matter saying; “the Judge is depriving us of a living and intends to close down our business under mysterious circumstances using his influence being the Head of the court to gain unfair advantage over us.”
