Hashim Sesay,
100 Regent Road,
Lumley,
Freetown.
Tel: +23279539899,
Monday, 11th March, 2025.
The Chairman,
Water and Sanitation Committee,
Parliament of Sierra Leone,
Parliament Building,
Tower Hill,
Freetown.
Formal Complaint Against the Managing Director of Guma Valley Water Company, Maada S. Kpenge, regarding the unlawful denial of access to private land at Mile 13
Dear Honourable Chairman,
I write on behalf of the Kamara, Dumbuya, Sesay, Jalloh, Jaward, Barrie, Conteh, and Bangura families to formally lodge a complaint against the Managing Director of Guma Valley Water Company, Mr. Maada S. Kpenge, for his continued and unlawful denial of access to our legally owned land at Mile 13.
Our families have been in lawful possession of land at Mile 13 for generations, using it for farming activities such as cultivating cucumbers and peppers. However, since 2019, Mr. Kpenge has persistently acted beyond his authority to prevent us from accessing our land, despite our valid legal ownership. Meanwhile, other landowners in the same vicinity have been permitted to construct homes and develop their properties without any interference.
Background of the Conflict
In 2018, while we were utilising our land, workers from Guma Valley Water Company (GVWC) unlawfully attempted to erect mud structures within our property. Upon our intervention and clarification that this was private property, we dismantled the unauthorised structures. At that time, Mr. Maada S. Kpenge was not yet the Managing Director of GVWC, and our families coexisted peacefully with the company’s workers.
However, under Mr. Kpenge’s leadership, there has been a blatant abuse of power. In one instance, eight of our workers were arbitrarily arrested by GVWC and the National Protected Area Authority (NPAA) while clearing the land. The arrests were highly selective, as other workers across the street engaged in similar activities faced no such harassment. After our intervention and presentation of legal documentation to the NPAA and the Criminal Investigation Department (CID), the detainees were released without bail, as no lawful basis for their detention existed.
Unlawful Denial of Access to Our Land
Following this incident, Mr. Kpenge continued his aggressive campaign to dispossess us. Despite verifying the authenticity of our land documents, he openly admitted that GVWC was interested in acquiring our land and attempted to coerce us into relocating elsewhere. When we refused, he stationed military personnel on our property, effectively denying us access since 2019. This is a clear violation of our constitutional rights and an overreach of his authority.
Additionally, Mr. Kpenge has manipulated the situation by selectively allowing other individuals in the same vicinity to construct buildings while preventing us from even accessing our property. This selective enforcement raises serious concerns about bias, corruption, and abuse of office.
Violation of the Laws of Sierra Leone
The actions of Mr. Kpenge violate several legal provisions, including:
- The Constitution of Sierra Leone, 1991
Section 21(1) of the Constitution states that no property shall be compulsorily taken possession of or compulsorily acquired except under a law that makes provision for fair compensation and legal recourse. Mr. Kpenge’s actions are in direct violation of this provision, as our land has effectively been seized without due process.
- Guma Valley Water Company Act, 2017
The Guma Valley Water Company Act does not grant the Managing Director or any official of GVWC the authority to unilaterally seize private land or impose restrictions on private landowners. Mr. Kpenge’s actions amount to an abuse of power and a direct contravention of the legal mandate of the water utility company.
Request for Urgent Parliamentary Intervention
Given the gravity of this situation, we urgently call upon the Water and Sanitation Committee of Parliament to:
- Investigate the actions of Mr. Maada S. Kpenge concerning his abuse of power, selective enforcement of land restrictions, and unlawful occupation of private property.
- Ensure the immediate removal of military personnel from our land and restore our full access to our legally owned property.
- Summon Mr. Kpenge before Parliament to account for his actions and explain why he has chosen to disregard lawful property rights, while allowing others in the same area to develop their land freely.
- Enforce accountability and legal redress for the violations suffered by our families over the past five years.
We trust that the Water and Sanitation Committee will take this matter seriously and act swiftly to uphold justice, fairness, and the rule of law. We are prepared to provide all necessary documentation and evidence to substantiate our claims and look forward to your prompt intervention.
Thank you for your attention to this urgent matter. We remain hopeful that Parliament will stand in defense of our constitutional rights and prevent further unlawful actions against us.
Yours faithfully,
Hashim Sesay
(On Behalf of the Kamara, Dumbuya, Sesay, Jalloh, Jaward, Barrie, Conteh, and Bangura Families)