Uganda’s land paradox: Lawlessness amidst rich laws
“Gaps in land laws and inconsistent enforcement leave many occupants vulnerable to eviction. Fraudulent transactions and disregard for bibanja rights continue to fuel land conflicts and undermine public trust,” Writes Frederick Mbagadhi Nkayi
Frederick Mbagadhi Nkayi. (File)
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OPINION
By Frederick Mbagadhi Nkayi
Recently, massive land disputes, evictions and persistent cancellation of titles have been witnessed in the country, creating enormous controversies over land matters. Consequently, Uganda’s land system presents a striking paradox.
On paper, the country boasts one of Africa’s most comprehensive frameworks for land ownership, with statutes governing tenure, registration and dispute resolution.
In practice, however, millions of occupants, from customary tenants to lawful and bona fide occupants, face insecurity, eviction and limited protection. This contradiction between “rich laws” and “poor protection” is rooted in historical, legal, lack of patriotism and socio-economic complexities.
Recently, during the parliamentary lands committee meeting, urban development state minister Margaret Muhanga reignited an intense debate on matters of land reform in Uganda. While advocating the phase-out of mailo land, Muhanga condemned the colonial masters for the land tenure mess, whose precursor lies in the 1900 Buganda Agreement.
The 1900 agreement, without local community consent, introduced mailo tenure in Buganda, granting chiefs and notables perpetual ownership, while freehold grants were issued to missionaries and institutions. At independence in 1962, Uganda retained mailo, freehold, leasehold and customary tenures.
The Public Lands Act of 1969 began protecting customary tenants on public land, but comprehensive protection came with the 1995 Constitution, which recognised lawful and bona fide occupants.
The 1998 Land Act established an institutional framework to register, administer and secure land, yet enforcement gaps left many occupants vulnerable.
That notwithstanding, Article 26 of the Constitution guarantees the right to property, prohibiting compulsory deprivation except for public purposes, defence, safety, order, morality or health, with prompt compensation and judicial recourse.
With the Land Act, customary landowners may secure certificates of ownership under section 4.
In light of the above, President Yoweri Museveni directed the Lands Ministry to issue leases to squatters on public land to reduce conflicts and improve tenure security. He banned evictions without district security committee approval, protecting bibanja holders from arbitrary removal, while fraudulent titles should be cancelled. The aim of these measures was to bridge the gap between Uganda’s rich land laws and poor protection.
On that note, however, despite the legal framework, ambiguities in defining lawful occupants, unclear tenants’ rights and inconsistent judicial enforcement leave many vulnerable. All these issues arise from a lack of patriotism.
Out of such mischief, the Bamugemereire Commission of Inquiry, 2016–2020, recommended, among others, the following:
-Tenure and registration: Register all land in Uganda after adjudication, including customary land, to minimise disputes and enhance tenure security.
-Introduce customary freehold in law to remove the perceived subservient position of customary tenure.
-Amend the Land Acquisition Act of 1965. Define who has compulsory acquisition power and what public interest means.
-Curtail excessive powers of the chief government valuer and the lands registration authorities.
Conclusively, all attempts should work towards the fusion of the parallel freehold systems (mailo and others) into a single tenure system.
The author is the Commissioner- RDC Secretariat in charge of Kampala Metropolitan- Office of the President