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OPINION

By Dr. Sam Mayanja

Anarchy, until recently, was apt in describing the state of affairs at land registries.

The registries had been taken over by hoards of land brokers, who have been the force behind the inexplicable loss of land records.

They connive with registry employees to extort money from the unsuspecting public from whom they demand payment in order to “look and find” the missing files.

The image of torn land records littering in hips all over office floors only serviced to convince the public in coming up with the solicited bribe.

Semi illiterates and lacking any requisite professional expertise, brokers thrive on playing the public psychology that it is only through them that their work can be done.

They actually set up known offices within the land office campus, at the gate, or just within the vicinity of the ministry zonal office (MZO) and with the knowledge of land officials, “screen” all those seeking to access services “allocate” the would be user to particular officers and of course exacting payment before “being allowed” to proceed into the land office!

The brokers have no expenses to incur, such as office rents and do not pay taxes.

They have the ability to pay large sums of money to land registries officials to get their work prioritised and get their business expedited, including forgeries, fraud and other dubious transactions.

This has denied service delivery to the less privileged Ugandans crowding registries as they cannot afford to pay bribes.

With the installation of the Uganda Land Information System (ULIS), the situation has improved through computerisation by using a software for automating the database and scanning of land records.

With the ULIS a land transaction say for land conveyancing will start with member of the public submitting his documents, which include the land title, the national Identification number, the telephone number, passport photos and received copies stamped.

These documents are scanned and if the system discovers that there is already an existing title or land is in a wet land, etc. the system will reject the application.

If documentation succeeds through this stage, payment is advised to the person, who submitted the application, who upon such advise effects their application through URA.

The URA automatically advises the ULIS that payment has been effected. It is when ULIS has received that advise from URA that a transaction proceeds. In many MZOs, like Wakiso, the land office is a one stop centre and transaction takes just hours. In case of a search, it can take just minutes.

A title deed, which has gone through the ULIS, has a unique security feature, a unique serial number, proprietor’s national ID number and the MZO, which issued the title. This and other features make it imposable for double titling to happen and forgery an impossibility.

The ULIS is being updated and connectivity extended to the survey department, the Administrator General’s department, the Judiciary and as indicated is already connected to the URA.

The link up to ministries of water and environment, NEMA, tourism and wildlife will ensure that never again will title deeds be issued on wetlands, wildlife etc, as the system will reject such applications.

The system is being extended to link up with district land boards, the Uganda Land Commission, the justice ministry of Justice and the Attorney General’s Chambers.

In order to ensure that land registry and land administration within the contest of ULIS maintains the professionalism it deserves, only five categories are allowed to transact in the MZO. Namely; the registered proprietor, where the registered proprietor is unable to transact in personal for some genuine reason, including, but not limited to, living outside Uganda, he or she can appoint an Attorney with a proper legally drawn up Powers of Attorney duly registered with the registrar of documents at the URSB, a practicing Advocate with a current Practicing Certificate and duly approved chambers by the Law Council, a practicing Surveyor with Current Certificate and offices approved by the Surveyor Board, a practicing Architecture with current Certificate and office approved by the Board of Architectures and finally Bank officials duly authorized for the purpose by the Uganda Bankers Associations.

With the ULIS in place and constantly updated, the land registry has regained its position as a sacred place for Land Records. The ULIS is second to none in Africa and is constantly receiving delegations from various countries for bench marking. The days of long queues of desperate Ugandans craving for services including registration of transfers of land, caveats, mortgages, leases, searches etc. are fast receding into the night of history.

All these developments in the land registry and administration of land in the country are wholly attributable to the foresight and vision of His Excellency President Museveni, who in his intuitive grasp of direction, drew the strategy for the abiding values of ensuring the safety of land records and authorised a $400m World Bank facility which has made ULIS a reality and a show piece for African advancement.

The writer is the Minister of State for Lands

smayanja@kaa.co.ug www.kaa.co.ug