National consensus to solve land conflicts

Oct 05, 2013

Presidential adviser David Mafabi has called for a national consensus on how to tackle land disputes in the country.

By Francis Emorut

The presidential adviser on political affairs, David Mafabi has called for a national consensus on how to tackle land disputes in the country in order to spur economic development.

“We need a national democratic consensus in advancement of population and economic base of society,” Mafabi said, specifically pointing to the land question.

He argued land conflicts have hindered economic development in the country.

The political analyst was addressing lawyers during the sixth annual rule of law symposium organized by Uganda Law Society and supported by Kondrad Adenaur Stiftung.

It was held on Friday at Golf Couse Hotel in Kampala under the theme: “Constitutionalism and Rule of Law in Uganda: A Reality of Façade.”

The land issue today has become a serious talking point as a result of rampant evictions and land grabbing. Relations between landlords and tenants have also worsened.

Historical factor

According to Mafabi, the problem of land wrangles in the country stems from the 1900 Agreement in which Buganda’s populace was rendered landless.

“We must go back to the 1900 Agreement which rendered the population of Buganda landless and we must confront the historical injustices and move forward,” he said.

He noted that land is increasingly becoming a commodity willing seller and willing buyer and conflicts that arise after “can’t be sorted out by a stroke of a pen”.

‘Hopeless situation’

Mafabi advised lawyers to go back to the drawing board, if the land issue is to be solved, because there is too much filibustering in the judiciary.

The presidential advisor was responding to remarks made by Peter Walubiri, an expert on land law who said that the notion that land belongs to citizens of Uganda might not be true or it might be hollow.

He was referring to Article 237 of the Constitution.

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Kenyan law expert Paul Muite (right) talks to Uganda Law Society president Ruth Sebatindira during the symposium. PHOTO/Francis Emorut

The expert cited the struggle between landlords and tenants and the struggle between central government and the districts and kingdoms over control of land.

“It is a hopeless situation we are in today of landlords and tenants struggles,” Walubiri said.

Rule by law or rule of law?


He went on saying the biggest problem the 1995 Constitution created was that of lawful occupant and bonifide occupant.

This has created dual system of land ownership, he said.

“You have a law which is retrogressive. It doesn’t answer peoples’ aspirations. It is rule by law and not rule of law.”

He was presenting a paper titled: “Rule of Law.” He said land continues to be fragmented.

On constitutionalism, a renowned Kenyan politician and constitutional law expert, Paul Muite urged all political actors to embrace an inclusive political system where every woman and man are given an opportunity to develop without looting state resources.

“Constitutionalism and rule of law will never become a way of life in a society that doesn’t have a genuine democracy,” Muite, who was a presidential candidate in the March Kenya elections, said.

Asked about his take on perceived cadre judges, the Kenyan expert said: “There are individual judges who are doing the right thing. Don’t focus your attention on those who are cadres of the ruling party.”

He urged lawyers to come out of their comfort zones and mingle with the public and civil society organization to advance a just system in the country.

The function was attended by development partners, Justice Remmy Kasule, Lord Mayor Erias Lukwago and Beti Olive Kamya, the president general of Uganda Federal Alliance (UFA) and others.

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