KCCA drafting law to preserve historical buildings from tasteless investors

Isingiro, Uganda |  THE INDEPENDENT |  Money cannot buy class, so the saying goes. But in Kampala, money can at least destroy the class. And that is the dilemma facing Kampala Capital City Authority as the current laws cannot deter the nouveaux riches (new millionaires as opposed to old money) who are bent on breaking down replacing historical structures in order to put up high rise buildings that can take in many tenants to pay them rent.

So KCCA is now working on an Ordinance to protect and preserve historical buildings and sites in the city.The City Lord Mayor Erias Lukwago says the Ordinance will help the Authority to protect Uganda’s historical and Cultural heritage in the Kampala that is at the risk of mishandled in the hands of private individuals.

The Ordinance includes sections that require government to acquire historical sites in private hands and where the property is not acquired by government, a fund to set up for owners as a motivation and also help them maintain the sites. Lukwago says some owners of historical buildings have taken decisions to develop their properties in a manner that erases the history. He says the new Ordinance will compel owners to preserve the buildings and sites since they are part of a large history beyond their interests as owners.

The Ordinance comes at a time when the existence of a number of private owned historical buildings and sites is threatened. Recently, Uganda’s first business Mall- Pioneer Mall was brought down as the owner sought to construct a bigger and more modern building.

Also, KCCA and Conservationists are still battling with Watoto Church Limited management that wants to demolish the historical structure formerly known as Norman Cinema, to put up a ‘modern’ structure. If Watoto Ltd ignore the city authorities and the conservationists and proceed destroy the original structure, they can only be fined ugx2,000( about half a dollar).

Norman Cinema was the first modern cinema in Uganda and was a famous performance stage for artistes since the 1940s. The Ministry of Tourism and Conservationists from the Cross Cultural Foundation Uganda suggested to Watoto to make developments but maintain the unique architectural design of the building and some key historical features of the cinema. 

But the developer has insisted that they own the property and want to expand it. Recently, the Ivory Tower of Makerere University, just like Kasubi Tombs in Kasubi a few years back, was brought down by a fire whose origin is yet to be known. There is the Historical Monuments Act of 1968 but it is insufficient in a way. 

First, the Act provides that for a historical building to qualify as so, it should be listed by the line Minister. It also requires for government to enter an agreement with private owners of a listed site specifying the terms of maintenance and access of the site to the public among others. A license is then issued for one to operate the site.

According to the Act, anyone who destroys, alters, defaces, removes, repairs, injures or imperils any preserved or protected or discovered object or, contravenes any of the terms and conditions imposed in a license issued under the Act can be convicted to a fine not exceeding two thousand shillings or imprisonment for a period not exceeding six months or to both.

This, conservatives says is not enough to deter people from destroying historical buildings and sites. Lukwago says it is only strong legislation that can help in preservation of the sites. 

He says buildings and sites should be protected from disasters like fires adding that the original feel of the site is lost when a building or site is destroyed and reconstructed.  He gave an example of Kasubi Tombs which he says lost some items like royal items that can not be replaced.

Simon Musasizi team leader of the Heritage Conversation Trust of Uganda, a project run by CCFU, says such historical buildings in the country should be conserved such that history can continue to be told with visible evidence. He stressed the importance to preserve the cultural heritage of country.Musasizi also adds that as KCCA strives to make Kampala a tourism city, it can achieve that by preserving historic buildings and sites.

 He gives the examples of Paris and Kenya’s Mombasa town which are some the largest and oldest towns with ancient buildings. The preservation of the towns and the ancient buildings that depict different architectural designs attracts tourists to the cities.

The Ministry of Tourism is also working on a strong legislation to preserve the sites.

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