Court clears Bidco over palm oil project

Sep 30, 2016

Court said the lawsuit was unnecessary and the environmental groups could have acquired the truth by simply contacting the company

The High Court of Uganda has cleared Bidco against claims of deforestation in the Vegetable Oil Development Program in Kalangala district.

The public interest case filed by three environmental groups alleged that Bidco coerced government through the National Forestry Authority (NFA) to degazette forest reserves on Bugala Island for the growing of oil palm.

The court rejected this claim on grounds that that defendants have never asked government to degazette any forest reserve as claimed in the plaint therefore no forest reserve has been degazetted.

"The land was provided on lease to Bidco by government for the project was not a degazetted forest, therefore, the issue of degazzeting should not have arisen" Judge J. W Kwesiga said in his ruling.

The court also rejected the claims of deforestation. "None of the defendants (Bidco) have entered or cleared any forest reserve and claims to the contrary are false," the judgment stated.

In the ruling the court said it could not find any evidence that the company's activities violated the right to a clean healthy environment.

"The plaintiff should have further produced evidence to establish that growing of palm trees would be harmful to clean and healthy environment rather than being accredited to a clean and healthy environment by growth of palm trees".

The court said the lawsuit was unnecessary and the environmental groups could have acquired the truth by simply contacting the company.

Martin Lugambwa the chairman of the Kalangala Oil Palm Growers Association welcomed the ruling.

"This is great news. Let them leave us to enjoy the fruits of Oil Palm with our families. Our lives have changed, our children are going to good schools and we are happy. Let them leave us alone" he said.

Nelson Basalidde the general manager of the Palm Growers Trust echoed the sentiment. "The court has validated what we have always said and known".

Bidco Uganda managing director Kodey Rao who testified during the trial also lauded the ruling.  

"This project has gone out of its way to maintain the environment and transform the community. The small holder farmers are happy and the community is happy. Kalangala has become a beacon for progress. We thank the court for making the truth known" he triumphantly said.

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