By Mahmud Tim Kargbo
In a brewing land dispute that raises serious questions about governance, transparency, and land rights, the Guma Valley Water Company (GVWC) finds itself at the centre of controversy over its claims to land at Mile 13. As tensions mount between GVWC and private landowners, legal experts and concerned citizens are calling for a firm adherence to the Guma Valley Water Company Act of 2017 and the Constitution of Sierra Leone, 1991 to ensure that justice prevails.
Guma’s legally recognised land holdings
According to the Guma Valley Water Company’s Act of 2017, GVWC owns three specific parcels of land within the Colony Forest Reserve at Guma, totalling approximately 97.88 acres. The breakdown of these holdings is as follows:
Parcel A – Approximately 44.0 acres, located between two streams west of the Peninsular Circular Road and the Colony Forest Reserve Boundary at its junction with the main access road to Guma Valley.
Parcel B – Approximately 53.88 acres, situated within the Colony Forest Reserve at Guma, starting at a point 76.2 meters northwest from the center of the main access road to Guma Valley.
Parcel C – This parcel has detailed boundary descriptions in the Act, but its exact acreage is unspecified.
These properties are officially recorded in a plan titled “Guma Lands” (No. 73/60-61) and registered in the Registrar-General’s Office. They fall within the Western Area Forest Green Belt, making them protected by law. Any encroachment or deforestation in these areas has sparked concerns about safeguarding Freetown’s primary water source.
Mile 13: A case of “imaginary lines”
Despite the Act’s explicit listing of GVWC’s land, it makes no mention of GVWC owning land at Mile 13. If there is no official land survey or legal documentation to substantiate GVWC’s claims, then the company’s alleged ownership at Mile 13 appears to rest on “imaginary lines” rather than concrete legal grounds.
An independent legal expert, speaking on condition of anonymity, noted: “If the Managing Director of Guma Valley Water Company cannot produce any legal documentation supporting his claims at Mile 13, then his assertions hold no legal weight.”
A battle between private landowners and GVWC’s managing director
Information from local sources suggests that GVWC’s Managing Director, Maada S. Kpenge, is aggressively pursuing land claims at Mile 13, despite Kamara, Dumbuya, Sesay, Jalloh, Jaward, Barrie, Conteh, and Bangura families possessing legitimate legal documentation proving ownership of the disputed land.
Alarmingly, sources alleged that rather than protecting GVWC’s legitimate land holdings, some of its officials are more focused on personal interests, potentially encroaching on private landowners’ properties under the guise of GVWC authority. Further investigation reveals that disputed GVWC lands around the dam has already been developed, with buildings constructed on these so-called ‘imaginary lines’—yet GVWC has offered no legitimate resistance.
Selective enforcement: Why Mile 13?
GVWC officials, speaking off the record, have raised concerns about the Managing Director’s selective enforcement of land claims. While transmission pipes across Freetown are constantly been encroached upon by private property owners, GVWC has failed to act against these infractions. Instead, the Managing Director appears solely focused on chasing legitimate landowners at Mile 13, which is nine miles away from the dam and does not interfere with GVWC’s transmission pipelines.
Adding to the controversy, experts point out that the 770mm pipeline that GVWC claims to be protecting is non-functional. It was previously used to supply Kingtom Power House Sulzar machines, which are no longer in operation. Currently, Sierra Leone’s water supply relies on the 28-inch main transmission pipe, which runs from Guma’s treatment works to Spur Road Reservoir and then to Tower Hill for distribution.
The legal framework for acquiring private land
Under the Guma Valley Water Company Act, 2017, GVWC has the authority to acquire land, but only under legally established procedures:
Negotiation & Agreement – GVWC must first negotiate in good faith with landowners for a mutually agreed acquisition.
Compulsory Acquisition – If negotiations fail, GVWC can resort to compulsory acquisition under Section 21(1) of the Constitution of Sierra Leone, 1991, provided that:
The land is needed for public purposes such as defense, public health, or infrastructure development.
There is reasonable justification for any hardship imposed on landowners.
The government provides prompt and adequate compensation.
Affected individuals have the right to challenge the acquisition in court.
GVWC’s actions: A violation of the law?
If the allegations against Managing Director Maada S. Kpenge are true, then GVWC’s actions constitute a direct violation of legal principles, including illegal detention, harassment, and intimidation of private landowners. Section 15 of the Sierra Leone Constitution explicitly protects citizens from being deprived of their property without due process and fair compensation.
Upholding the rule of law
GVWC must adhere to both the Guma Valley Water Company Act, 2017 and the Constitution of Sierra Leone, 1991in all land dealings. The selective pursuit of Mile 13 landowners, while failing to protect actual GVWC properties, suggests a misuse of power that warrants serious investigation.
As the legal battle over Mile 13 intensifies, the people of Sierra Leone must demand accountability, transparency, and justice. If GVWC has legitimate claims, it must prove them through legal documentation—not through intimidation or arbitrary enforcement.
The question remains: Will justice prevail, or will powerful individuals continue to manipulate the system for personal gain?
