Findings on illegal transactions on estate of Daudi Chwa, Omulangira George William Mawanda

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By Dr Sam Mayanja

Dr Sam Mayanja, the Minister of State for Lands recently made a presentation about the mismanagement of the Uganda Boy Scouts Association and illegal dealings on land comprised in Kyadondo Block 273 Plot 5 at Kaazi National Camping site (formerly FC18454, MRV 269 Folio 25) and Kyadondo Block 273 Plot 10 Kigo (Formerly FC 18454) – Estate of H.H. Daudi Chwa and that of Omulangira George William Mawanda. Below is his presentation.

This office received a petition from the beneficiaries of the Estate of H.H. Daudi Chwa and that of Omulangira George William Mawanda regarding illegal transactions involving land belonging to their Estates and by extension land belonging to the Uganda Scouts Association and dealings involving Buganda Land Board Limited invoking provision of the Traditional Rulers (Restitution of Assets and Properties) Act of July 30, 1993.

The complaints, were reviewed by myself with the involvement of a team led by Dr Hillary Emmanuel Musoke, Senior Presidential Adviser/Special Duties.

Additionally, Ms Phiona Barungi, Senior Presidential Assistant/Special Duties, who had also done work on this complaint, gave me an opportunity to read her findings on the issue.

I also held consultations with Brig. Gen. Isoke, the head of the State House Anti-Corruption Unit, along with his team.

In addition to the above I looked at court precedents and found two cases involving properties of Sir Daudi Chwa II, the first one was in 2020 Prince Kelmera Another (Administrator of the estate of the late HRH Sir Daudi Chwa II) V the Kabaka of Buganda three (3) others (Civil Suit No 535 of 2017) 2020 UGHCLD 16 (28 September 2020) and the second in 2024 Prince Kelmera H Kimera V Attorney General the Kabaka of Buganda (constitution petition 9 of 2020) 2024 UGCC 3 (February 14, 2024).

None of the two cases handled the status of the properties which follow within the Estate of H.H. Daudi Chwa II. I was accordingly at liberty to delve in the Daudi Chwa II Estate properties without offending any court decision on the matter.  

Investigations were conducted under the following four broad inquiries:

• Historical background of mailo and laws relating to land management in Uganda 1900-1995;
• The land at Kaazi designated for the Scouts;
• The land belonging to the estate of H.H. Daudi Chwa and the late Omulangira George William Mawanda;
• The constitutionality of implementing the Traditional Rules of Assets and Properties Act of July 30, 1993, on which Buganda Land Board Limited and other entities by whatever name called, bases their proprietorship claim.
  
  

Historical Background:

In 1900, the Buganda Kingdom and the British colonialists entered into an agreement governing political, legislative, and administrative matters between the colonisers and the Buganda Kingdom as the first Province of the Uganda Protectorate.

One of the key provisions of this agreement was Article 15, which among other things, allotted private estates measured in square miles to the Kabaka, chiefs, and other notables.

Official Estates (official mailo) allotments were also made to the Kabaka, abamaza, and the three regents who when Kabaka Daudi Chwa became of age reverted to the titles of native “Ministers” under offices of Katikiro, Omulamuzi, and Omuwanika. They were given the titles of “Owekitibwa” (Owek.).

The legal status

The Land Law of June 15, 1908, defined private mailo in section 2 (b) as that which the owner can sell, give away to another person or bequeath in his will.

The official mailo was defined in section 5 (a) and (b) as that land held by a chief for as long as he is in the office of that chieftainship and when he leaves the chieftainship he ceases to have that land.

Section 2 (b) defined land which was allotted to the Kabaka in the 1900 Agreement (namely, 350 Miles), as official mailo to the Kabakaship and held by the Kabaka for the time being on the thrown.

The private mailo was regulated by the 1908 Land Law and the Registration of Titles Ordinance 1923. The official mailo on the other hand, was regulated under the Official Estates Act of May 15, 1919.

Section 2 of that Act indicated that the Official Estates must have been allotted by virtue of the 1900 Agreement and section 3 (1) states that the holder for the time being of an Official Estate shall be deemed to be a corporation sole by the name of the office of which he is for the time being the holder and by that name.

Thus, private mailo land was to individual ownership which could be freely sold or inherited, distinct from official estate allocated to chiefs and administrative units, for administrative purposes or office. It was public land tied to the office which ensured that the colonial administration maintained control while also appeasing the traditional leadership structure of the Buganda Kingdom. Official Mailo was tied to specific offices, meaning it remained with the position rather than the individual.

All chiefs, from the Kabaka down to Saza and Gombolola leaders, controlled both official and private mailo. For instance, the three regents i.e. Apollo Kaggwa, Stanislaus Mugwanya, and Zakaria Kizito were granted official mailo attached to their offices, and in addition were allotted private mailo or estate which were personal property and remained part of their respective estates in perpetuity.

The official mailo attached to their offices remained public land governed under the Official Estates Ordinance of 1919.

Kabaka Chwa had his 350 square mailos as Official Estate, and like other chiefs, regents, and other private mailo beneficiaries, had full ownership rights over the private mailo allotted to him and could deal with his private mailo land as he saw fit, but the 350 square miles official estates reminded administered under the Official Estate Act 1919.

Kaazi Land;

The late Kabaka Daudi Chwa II personally owned private mailo land in various areas across Buganda, including land at Munyonyo, Lubowa, Nakigalala, Kigo, Busabala, Kajjansi, Mengo, etc. One of Daudi Chwa’s personal mailo estates was registered under Final Certificate No. 18454, and situate in Kaazi as per certificate of title indicated as “ABSOLUTE MAILO ESTATE”. The following words were inscribed on the title;

“Private mailo land comprising of 1193 acres held in absolute mailo proprietorship at Masajja, Gangu, Ndejje, Kibulim Kitiko, Busabala, Kigo and Kirinda e.t.c held as mechantable fee simple, in the names of Daudi Chwa of Makindye, Ssabagabo, Munyonyo, Uganda Province. This title has been registered and this is the final certificate under the registration of titles act 1924”

The same write up appears on all the final certificates of title which were obtained by the Late Daudi Chwa II over land registered in his personal proprietorship around 1923-1927 and this was during his lifetime. The land so registered, therefore, was his personal property and not subject to the provisions of the Official Estates Act of 1919. 

In 1938, a year before his death, Kabaka Daudi Chwa II donated a portion of his personal estate at Kaazi to the Boy Scouts of Uganda under a Deed of Donation, dated June 7, 1938, originally written in Luganda and later translated into English by Makerere University under reference CLCSDS/K063/02/10/2023, copy of the Deed in Luganda and the English translation is attached marked annexure “A”.

The following were the main deed ingredients:-

• (i) Donated 100 acres to the scouts of Uganda under a leasehold arrangement. Upon expire of the lease, the 100 acres shall be transferred to the Scouts to own in perpetuity under mailo tenure;
• (ii) The remaining 20 acres to be transferred to his Heir;
• (iii) The donation was made in the best interests of the Boy Scouts of Uganda;
• (iv) Kabaka Daudi Chwa II made this donation with the aim of ensuring that the Scouts and Girl Guides of Uganda would not be disturbed by future generations. ("Nkoze ekyo okukuuma abasikautu nabagayidi bange obutataganyizibwanga abalibawo nabaliddawo.")

 

The Deed of Donation was witnessed by the individuals who at the time held the offices of the Katikkiro, Omulamuzi, and Omuwanika.

Succession of Sir Daudi Chwa II

Kabaka Daudi Chwa II died in 1939, a year after executing the Deed of Donation. Upon his death, his oldest son and fifth-born child, Prince George William Mawanda Chwa, became the heir to his private estate, as the first four children were all daughters.

Under Buganda customs, the first-born son cannot inherit the Kabakaship. As a result, Chwa’s fifteenth child, Edward Frederick David William Muteesa Walugembe, was enthroned as his successor to the throne, but did not inherit the private estate of Daudi Chwa II.

Following Chwa’s death, much of his estate was administered by Nkulunze which was the Private Treasury of a reigning Kabaka, who after the death of Chwa was Edward Muteesa II. The busuulu and other tenancy payments related to the land were being passed on to the Heir of Daudi Chwa’s Estate, the late Prince George William Mawanda Chwa.

To clarify matters regarding the succession of Kabaka Daudi Chwa II, Hon. J.S. Mayanja Nkangi, former Katikkiro of Buganda (November 1964–1993), provided guidance in a letter dated November 10, 2009, to the Deputy Registrar of the High Court of Uganda (Family Division). As someone well-versed in Buganda customs, he advised as follows:

• The heir to Daudi Chwa II in his personal capacity was not the same as his successor in the role of Kabaka of Buganda;
• This distinction is crucial in matters such as applications for Letters of Administration regarding the personal estate of Daudi Chwa II. The heir to his personal estate was Prince George William Mawanda Chwa, whereas his successor as Kabaka was Edward Mutesa II;
• Consequently, the heir to the late Prince George William Mawanda Chwa is now the head of the lineage of Ssekabaka Daudi Chwa II. That person is Prince David Namugala Mawanda Chwa;
• Therefore, Prince Namugala Mawanda Chwa is the rightful administrator of the personal estate of his grandfather, Daudi Chwa II, distinct from the Kabakaship. Copy of the letter of Owek. J.S Mayanja Nkangi is attached marked annexure “B”.

More affirmations of ownership of Kaazi land by Daudi Chwa II

The H.H. Daudi Chwa II ownership of Kaazi land was affirmed by Mr Opio Henry Ogenyi, the then Acting Commissioner for Surveys and Mapping. In his letter dated October 10, 2023, to the Secretary of the Uganda Land Commission, he confirmed that historical records indicated that the Kaazi land belonged to the Estate of the Late H.H. Daudi Chwa II, as recorded under Final Certificate No. 18454. Copy of the letter of Mr. Opio Henry Ogenyi, and its attachments is indicated hereto as annexure “C”.

Dealings on the Kaazi Land by Muteesa II

Sometime in 1953, Omulangila G.W. Mawanda Chwa raised a complaint to the then reigning Kabaka of Buganda Muteesa II, who like Omulangila Mawanda was a direct descendant and beneficiary of the estate of the late Daudi Chw II, regarding the non-payment to him of the ground rent (Busulu) collected from the Daudi Chwa II Estate. At the time of raising the complaint some of the properties of the Estate of the late Daudi Chwa II were under the administration of the personal Treasury (Nkulunza) of the reigning Kabaka Edward Muteesa II.

Kabaka Edward Mutesa II by his letter dated May 12, 1953, replied to Omulangila Mawanda’s complaint and informed him of what had been done to the properties which were under Omulangila Mawanda’s ownership as the heir to H.H. Daudi Chwa II and in matters concerning his personal properties, which he owned as the heir to H.H Daudi Chwa II.

Kabaka Mutesa in that letter explained the actions that had been taken regarding H.H. Daudi Chwa’s personal estates of which Omulangila Mawanda was the Heir-:

1. a) The Scouts were granted a 49-year lease instead of the 99-year lease initially indicated in the documents. Copy of the title deed is attached marked “D”. The lease to the Scouts was indicated as an incumbrances on the title registered on June 10, 1948, as Inst. 81336;

1. b) The Buganda Government planned to relocate Kigo Prison to Ndejje Sabaggabo as had been demanded by Daudi Chwa II before his death and the demand continued to be made by his heir Omulangila Mawanda;
   
   
2. c) However, since there were no buildings at Ndejje to house the prison, the Buganda Kingdom decided to take a 49-year lease on part of Sekabaka Daudi Chwa II’s estate, along with an additional 200 acres;
   
   
3. d) That the Kingdom would take its own donation of two (2) square miles (FC: 18457 (339.8 Acres) no. FC: 18456 (927.81 acres) from the 18 square miles on FC: 18454. The balance of 16 square miles would be transferred to the estate of Daudi Chwa II under the management of the Heir Omulangila G. W. Mawanda. Copy of Edward Muteesa II’s letter to Omulangila Mawanda date 12/05/1953 is attached marked annexure “E”.

From this letter, it is clear that the Kaazi land and the land currently leased to Kigo Prison were part of Daudi Chwa II’s Estate, which measured 10,305.81 acres. This included Plots 4, 5, 6, 7, 8, 9, and 10, all of which were under Omulangila G.W. Mawanda’s management as heir to the personal Estate of H.H. Daudi Chwa II.

The letter clearly indicates that the mailo properties on which Kaazi land was located, did not form part of the official mailo or kingdom property, but were owned by the Estate of the late H.H. Daudi Chwa II. This explains why the rent collected from those properties had to always be sent to the Heir (Prince Mawanda) and other beneficiaries of the Estate of the late H.H. Daudi Chwa II.

This also explains why H.H. Daudi Chwa II had before his death had ordered the shifting of the prison to be moved from his private mailo in Kigo to a different location at Ndejje, where official mailo was available. However, as Edward Muteesa II explained in his afore quoted letter, this relocation could not take place because there were no buildings on the Ndejje land.

Transition of the Land management and dealings in Uganda from 1962 to 1975

In 1962, prior to Uganda obtaining its independence, the Uganda (Independence) Order in Council 1962 was enacted to facilitate the transition to independence. Order 23 maintained the existence of the mailo tenure system after independence.

The 1962 Constitution maintained the land ownership system, but went a step further to establish the Uganda Land Commission for the central government, as well as federal and district land boards, which would hold public land for the different Kingdoms and Districts.

The land envisaged to be controlled and held by these boards, such as the Buganda Land Board, was public land, which was not owned by any individual at the time. This included land which was Crown land administered under by the Crown Land Ordinance 1903 and transferred to District land Boards and Federal (Kingdom) Boards as freehold tenure under the 1962 Public Land Ordinance. Public Land also included the Official Mailo land administered under the Official Estates Act 1919.

Position under the 1967 Constitution

After the 1966 political changes, pronounced by the courts in the case of ex-parte Matovu as a successful revolution, Parliament of Uganda constituted itself into a constituent assembly, debated and passed the 1967 constitution which remained in force with minor amendments until 1995. 

The 1967 constitution under Article 108 (1) established the Uganda Land Commission to administer all public land in Uganda, and pursuant to Article 108 (5) (a) and (b), vested the following public land to the Uganda Land Commission:

• Every Official Estate held by a corporation sole by virtue of the provisions of the Official Estates Act;
• Any land which immediately before the commencement of the 1967 constitution was vested in the Land Board of a Kingdom (Federal Unit of Administration), or a District (District Unit of Administration).

The Public Land Act of 1969, which operationalised the 1967 constitutional order, provided for the vesting, control, and management of public land and in Section 1 indicated that such land was to continue to be “so vested for the same estate or interest and to the same extent as they were previously vested”. Meaning that the land was to continue to be public land.

On the other hand, private mailo was under Article 126 (1) of the 1967 constitution provided for “the continuation in force of the system of mailo land tenure in the Districts of Bunyoro, East Mengo, Masaka, Mubende, and West Mengo”. The official mailo under section 2 of the Official Estates Act was not the mailo which continued in force under Article 126 (1) of the 1967 constitution. The private mailo therefore cannot be subject to Traditional Rulers (Restitution of Assets and properties) Act of July 1993- it was not property “confiscated by the state” as stated in the long title of the Traditional Rulers (Restitution of Assets and properties) Act 1993.

The Act was intended to restore to traditional rulers assets and properties previously owned by them, or connected to their offices in a personal capacity, which had been confiscated by the state under the 1967 constitution. It had nothing to do with private property like the private mailo owned by former traditional rulers like Daudi Chwa II, or Official Estate administered under the Official Estates Act 1919.

The 1995 Constitution and the Current Legal regime vis-à-vis Traditional Rulers (Restitution of Assets and properties) Act 1993;

According the Article 2 of the Constitution, the Constitution of the republic of Uganda is the supreme law of the land and any act, law contrary to it is null and void to that extent.

The Constitution guarantees a right to property and this was re-emphasised by the Supreme Court in its decision of Uganda National Roads Authority Vs. Irumba Asumani & Peter Magelah, Supreme.

Firstly, Court Constitutional Appeal No.2 of 2014, where the Court upheld Article 26 of the Constitution on freedom from deprivation of property provides for prompt payment of fair and adequate compensation prior to the State's compulsory acquisition of any property. The Court ruled that the Land Acquisition Act (Cap 226) was unconstitutional in so far as it provided for the compulsory acquisition of property before the payment of compensation to the owner.

Secondly, Article 126 of the 1967 constitution provided for “the continuation in force of the system of mailo land tenure”. The Traditional Rules of (Assets and Properties) Act, of July 30, 1993, is only in connection with properties confiscated from Traditional Rulers under the 1967 constitution. Land which was owned by the families of former kings in their personal capacity is not subject of the Traditional Rulers (Restitution of Assets and properties) Act 1993 Act.

The Daudi Chwa II estate land, the Omulangila G. W. Mawanda land and the ba Nalinya land was land to individuals not Traditional Rulers (Kings) and thus doesn't form part of the "official mailo" as was used by those who illegal transferred H.H. Daudi Chwa II’s Kaazi land from mailo to official mailo and then used the Traditional Rulers (Restitution of Assets and properties) Act 1993 Act to transfer the now created official mailo to the Kabaka of Buganda.

The Impact of Article 274 (1) of the 1995 Constitution on the Traditional Rulers (Restitution of Assets and properties) Act 1993 Act

Article 274 (1) of the 1995 Constitution mandates that pre-existing laws must be interpreted and applied with necessary modifications, adaptations, qualifications and exceptions to bring them into conformity with the Constitution. Ugandan courts have adopted three approaches in applying this provision:

1. Reading words into the impugned law – This can be done explicitly or implicitly to align the law with the Constitution;
   
   
2. Striking out and replacing words – Courts may remove unconstitutional provisions and replace them with new language, though extensive modifications may exceed judicial authority;
   
   
3. Striking out words without replacement – In some cases, courts may remove provisions outright without substituting new ones.

The Traditional Rulers (Restitution of Assets and Properties) Act of 1993 having been an existing law after the coming into force of the 1995 constitution falls within the scope of Article 274(1), of the constitution and cannot come into existence or operate without appropriate amendments as required by Article 274 (1) to bring it into conformity with the constitution.

The 1995 Constitution introduced several key legal changes in land holding and management requiring amendment to the Traditional Rulers (Restitution of Assets and properties) Act 1993 Act before it operates. They include the following:-

• The Traditional or Cultural Leaders constitutional legal status under Article 246 is different from that which obtained prior to the 1995 constitution. The corporation sole legal status was a novelty different from the position in the 1962 constitution or other constitutions prior to 1995;
• All land in Uganda immediately before the 1995 constitution was public land managed by the Uganda Land Commission. Under the 1995 constitution, land belongs to the citizens of Uganda under tenure systems set out in the constitution;
• Public land was decentralised from Uganda Land commission as was the position before 1995, to District land Boards under the 1995 constitution only Government land remained under the administration of the Uganda Land Commission;
• Mailo and freehold tenure had been abolished by the 1975 Land Reform Decree. The 1995 constitution reintroduced both mailo and freehold as tenures;
• The 1975 Land Reform Decree had abolished the Busulu and Envujo Law of 1928 which had provided bibanja holders with security of occupancy. The 1995 constitution reintroduced the security of occupancy to bibanja holders under Article 237 (8) of the constitution;
• Prior to 1995 constitution leaseholds were not tenancies. The 1995 Decree constitution not only introduced them as tenancies but also provided that a Ugandan citizen who obtains a lease out of public land can convert it into freehold under Article 237 (5) and section 28 of the Land Act;
• Prior to 1995 customary holding was not a tenancy. However, under the 1995 constitution Article 237 (3) (a) and section 9 of the Land Act customary holding occupancy was not only a tenancy but also convertible to freehold;
• Prior to 1995 constitution, they was no provision for converting a kibanja holding (a legal or bone fide occupant) into titled land. However, under the 1995 constitution, Article 237 (9) (b) mandates Parliament to enact a law under which a kibanja holder can obtain a land title (registrable interest) over the land under his or her occupancy as provided under Article 237 (8).

It obvious, therefore, that conditions exists in the constitution requiring the Traditional Rulers (Restitution of Assets and Properties) Act of 1993 to be amended pursuant to Article 274 (1) in order for it to conform to the constitution. Until that is done the Traditional Rulers (Restitution of Assets and Properties) Act of 1993 is not a law. It is outside the purview of the constitution.

Fraudulent Transfer of Kaazi Land by individuals hiding behind Kabaka Mutebi’s name.

As already stated hereinabove the Kaazi land was property of Daudi Chwa II, who under a Deed of Donation passed it on to the Scouts of Uganda and to his heir, Omulangila Mawanda. In addition, it has been shown that the Kaazi land was private mailo and not official mailo not under the Official Estate Act 1919, therefore cannot be subject to the Traditional Rulers (Restitution of Assets and Properties) Act of 1993.

It was, therefore, an illegality for individuals hiding behind Kabaka Mutebi’s name and their agents to convert the Kaazi mailo land into official Mailo and use the Traditional Rulers (Restitution of Assets and Properties) Act of 1993 to transfer the land into the names of Kabaka of Buganda. Copy of the illegal transfer on the title marked annexure “F”.

The following are the illegalities which individuals using Kabaka Mutebi’s name and their agents attempted to back date and fabricate transactions over the Kaazi land certificates of title:

1. a) Misrepresentation of Official Mailo Status; the land in question was never official Mailo; rather, it was part of the private estate of Daudi Chwa II. Despite this, the individuals hiding behind Kabaka Mutebi’s name misrepresented that the land was Official Mailo and ensured that this false classification was recorded on the new certificate of title;
   
   
2. b) Exclusion of Donated Land; out of the 120 acres, 20 acres had been donated by Daudi Chwa II to his Heir. However, when a new title was created, this donation was excluded, effectively disregarding the grant to the heir;
   
   
3. c) Falsification of Historical Ownership Records; The FRV and MRV records originally indicated that as of 1924, the registered proprietor of the land was Daudi Chwa in his personal capacity. However, in the new title, was illegally altered to show that the land was first registered under the Uganda Land Commission on January 14, 1924. This was factually incorrect, as the Uganda Land Commission was set up under the 1962 independence constitution Article 118 (1) (a). In 1924 Uganda Land Commission was not in existence;
   
   
4. d) Improper vesting of the Estate into a Corporation Sole;

As indicated hereinabove when the H.H Daudi Chwa II died his personal property went to his Estate and managed by Nkuluze or the holders of the letters of administration of that estate. The illegal transfer to a Corporation Sole known as “Kabaka of Buganda”, disregarded the law and violated the the Daudi Chwa II Estate’s property rights;

1. e) Improper claim of compensation of Kigo Prison land by Buganda Land Board Limited

 Buganda Land Board Limited was illegally registered during the year 2015 as a private company yet Kingdom (Federal) Land Boards were established under section 118(1) (b) and (3) of the Uganda Independence Act, 1962. Despite the illegality, Buganda Land Board Limited claimed compensation of Kigo Prison land whereas the land falls under the same block and is part of the Estate of the Late H.H. Daudi Chwa II from which the Kaazi land was mutated.

Irregular registration of Uganda Scouts Association and deliberate departure from Boy Scouts and Girl Guide Act, Cap.45 (now Cap. 148 in the revised laws):

• An organisation known as the Uganda Scouts Association Limited was a private company deliberately registered with a misleading name, with objective similar to those of a statutory body i.e. The Uganda Boys Scout Association under the Boy Scouts and Girl Guide Act;
  
  
• It was illegal to register such a private company limited by guarantee called “the Uganda Scouts Association Limited” when an Act of Parliament had already provided for the Uganda Boy Scouts Association;
  
  
• In the matter of the Companies Act No. 1 of 2012 – Company Compliant No. 11385 of 2022 Princess Diana Teyeggala -Vs- The Uganda Scouts Association Limited, it was ruled that the private company passed off as the statutory scout body and ordered its deregistration;
  
  
• The illegal Scouts Association Limited was used to lease the Kaazi land to third parties for purposes not originally intended. These third parties are now holders of leases which were not cleared by the authentic scout’s body under the Boy Scouts and Girl Guide Act, Cap.45 (now Cap. 148 in the revised laws). The Kaazi land is now in the hands of these third-party investors. However, the leases were recently deregistered by the Commissioner of Land Registration.

Directives

In view of the above findings, I direct as under:

1. That the registration of the Kaazi land in the names of Kabaka of Buganda was illegal. The land was initially freehold, later altered to private Mailo, then re-entered as official Mailo, and eventually transferred to the Kabaka of Buganda. However, as the review hereinabove indicate the land is the private Mailo belonging to the Estate of late H.H. Daudi Chwa II;

I accordingly by copy of this letter directing the Commissioner Land Registration to correct the register by deleting Kabaka of Buganda and reverting the land back to the Administrators of the Estate of Daudi Chwa II

1. That by copy this letter I directing the Commissioner Land Registration to work with the Administrators of the Estate of H.H. Daudi Chwa II to mutate and issue mailo title for 100 acres to the Boy Scouts Association and the Girl Guide Association of Uganda, as provided under the Boy Scouts and Girl Guides Act (Cap. 45, now Cap. 148). This will ensure alignment with legal provisions and the Deed of Donation of H. H. Daudi Chwa II.
   
   
2. That by copy of this letter I direct the Commissioner Land Registration to mutate and issue Mailo Title to the Estate of Omulangila G.W. Mawanda for the remaining 20 acres, and thereafter transfer to Prince Namugala Mawanda Chwa is the rightful administrator of the personal estate of his grandfather, Daudi Chwa II, as stipulated in the Deed of Donation and as advised by the late Hon. Mayanja Nkangi vide his letter attached hereinabove;
   
   
3. That by copy of the letter I direct the Commissioner Land Registration to correct the register and restore the 16 square miles as stated in Kabaka Edward Muteesa II’s letter hereinabove annexed.
   
   
4. That by copy of this letter I direct the Commissioner of Land Registration to work with the Administrators of the Estate of H.H. Daudi Chwa II to mutate and register the two (2) square miles which the late Daudi Chwa II donated to Buganda Kingdom as per the letter of Kabaka Muteesa II annexed hereinabove. The 2 square miles title to be kept under custodianship of Uganda Land Commission until the issue of legal registration of statutory body to administer the Buganda kingdom land as set out in Article 246 (3) of the 1995 constitution as been effected;
   
   
5. That by copy of this letter I direct the Commissioner land Registration to work in liaison with the lawful governing body of the Scouts Association instituted under the Boy Scouts and Girl Guides Act (Cap. 45, now Cap. 148) to agree on the terms of restatement of the lease titles cancelled back reinstatement of lease titles for the Lawful Investment Companies legally operating on the 100 acres of Scout Kaazi land. This will ensure investment continuity and legal certainty;
   
   
6. That by copy of this letter I direct the Registrar of Companies in view of court ruling of September 21, 2023, in Company Complaint No. 11385 of 2022 (Princess Diana Teyeggala v. Uganda Scouts Association Limited), to deregister the Uganda Scouts Association Limited to ensure legal compliance with the framework governing Uganda Boy Scouts Association as statutory body under Boy Scouts and Girl Guides Act (Cap. 45, now Cap. 148);
   
   
7. That by copy of this letter I request the Ministry of Education and Sports, to issue a statutory instrument under the Boy Scouts and Girl Guides Act to guide the legalisation and regulation of the Uganda Scouts Association under the Boy Scouts and Girl Guides Act (Cap. 45, now Cap. 148). This shall help streamline its operations within the legal framework;
   
   
8. That by copy of this letter I direct the Register of Companies to deregister the Buganda Land Board Limited registered in 2015 as a private company, misleading and passing out to be similar to the 1962 statutory body which was set up under section 118 (1) (b) and (3) of the Uganda Independence Act 1962.  A private company cannot be a successor in title to a statutory body. I also direct that its sister company– the Buganda Land Board Fund Limited also be deregistered. The Directors of these companies are directed that by operation of law, they cease any dealing in land transactions;
   
   
9. After the amendment to the Traditional Rulers (Assets and Properties) Act of July 30, 1993, as required under Article 274 (1) of the constitution, has been effected, the cultural institution of the Kingdom of Buganda as set up under Article 246 of the constitution, shall be supported to establish a Land Board within a statutory, and legally recognized framework;
   
   
10. That by copy of this letter, I direct the Commissioner Land Registration to cancel any proprietorship entries by Buganda Land Board Limited or any individual by whatever name called purporting to base the proprietorship claim on the Traditional Rulers (Assets and Properties) Act of July 30, 1993. Any proprietorship found to be due to the cultural institution as per Article 246 shall be properly registered in accordance with the law after compliance with Article 274 (1) and statutory registration of the cultural land board in accordance with the law;
    
    
11. By copy of this letter, I direct the Secretary to the Treasury and Permanent Secretary Ministry of Lands, Housing and Urban Development to halt Buganda Land Board Limited’s claim for compensation regarding Kigo Prison and any other claim being based on the yet to be constitutionalized Traditional Rulers (Assets and Properties) Act of July 30, 1993. Steps be taken to recover the funds so far paid.
    
    
12. By copy of this letter Ms Phiona Barungi, Senior Presidential Assistant/Special Duties, is mandated to follow up implementation of these Directives.

Dr Sam Mayanja

MINISTER OF STATE FOR LANDS