Museveni warns judges over land

Mar 31, 2009

President Yoweri Museveni has directed judicial officials to stop issuing eviction orders which he said could cause a civil war.

By Milton Olupot

President Yoweri Museveni has directed judicial officials to stop issuing eviction orders which he said could cause a civil war.

Nobody, he said, has the powers to evict tenants.

“The Constitution and the Land Act are clear. Nobody can evict a tenant.”

According to a statement issued by State House yesterday, Museveni said evictions are illegal and unconstitutional. “It should be the tenant to accept compensation on his own,” Museveni said. Even where the tenants accept compensation under duress, intimidation or coercion, the transactions remain illegal, the President said.

He was speaking while meeting the Uganda Judicial Officers’ Association members at State House Nakasero.

The 1928 Busuulu and Envujjo Act gave powers to the colonial governor to sanction evictions, Museveni said, noting that this was amended to make the evictions impossible.

He supported resident district commissioners who block and reject court eviction orders. “They are carrying out my instructions and they are doing a good job.”

Recently the Principal Judge, James Ogoola, blasted the commissioners and other state functionaries for interfering with court judgments and orders over land disputes.

“If nobody is allowed under the law to sanction land evictions, where do you base your eviction orders?” Museveni asked.

He said even where the buyers purport to have agreed with the tenants under the willing-seller willing-buyer arrangement, the magistrates should consider the size of the Kibanja and the prevailing price.

Museveni challenged the judicial officials to restore the image of the Judiciary. He said people had lost trust in the Judiciary. “Many people in the villages tell me that Abalamuzi baatutama (we lost trust in the Judiciary)”.

He said he dismantled two armies and created the National Resistance Army which became the UPDF.

“Because we were tough during the bush war on these soldiers, we won the trust of the wananchi,” said the President.

Museveni maintained his earlier stand that court judgments should be audited. “When I raised this issue, I was cursed. Your judgements must be audited because the President is audited by Parliament and Parliament is audited by the voters. Who audits you?” he asked.

The President said the notion that the judicial officers are neutral is false. He explained that they cannot be neutral between the criminal and the victim. “You should be on the side of the law not neutral,” he sad. On poor investigations by the Police, Museveni said instead of dismissing cases over the poor investigations, judicial officials should direct the Police to make proper investigations before releasing criminals allegedly for lack of evidence.

The President accepted their request to involve them in his patriotism school programmes. He also agreed with many of their proposals and the need to meet regularly.

He donated a vehicle to their organisation and also contributed funds to their SACCO.

In their memorandum, read by their chairperson, Muhairwa Arali, said land disputes were becoming controversial.

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