Land tribunals protected the poor
Jan 27, 2007
SIR — It is on record that by Practice Direction No. 1 of 2006, the Chief Justice of Uganda suspended the function of the District Land Tribunals which have been very instrumental in the determination/settlement of land disputes. Such cases particularly involve tenants by occupancy who are unlawfu
SIR — It is on record that by Practice Direction No. 1 of 2006, the Chief Justice of Uganda suspended the function of the District Land Tribunals which have been very instrumental in the determination/settlement of land disputes. Such cases particularly involve tenants by occupancy who are unlawfully evicted.
Although these tribunals had their weaknesses more especially in raising a quorum, they were doing a commendable job in conflict resolution.
I have read in the press that their files will be entrusted to the Magistrates Courts. If the decision is implemented, it will create more problems instead of solving them. Some of the reasons I have in mind are:
lThese tribunals were special courts dealing mainly with customary tenants whom, through ignorance, are usually referred to as squatters. It has always been the tribunals to decide that these are not squatters.
Rather, they are tenants by occupancy who are protected from eviction by the relevant articles of the 1995 Constitution.
read together with the provisions of the Land Act, a land owner has no right to evict them from his or her land. The land owners have always been reminded that they hold their certificates of title to the land subject to the vested rights and interest in land of the tenants, as provided for under the Registration of the Titles Act.
l Unlike Magistrates Courts which handle all types of cases, civil, criminal and administration of estates, tribunals were confined to land disputes and were supposed to be more accessible, speedy and less expensive.
Hence, their existence is most needed in a society like ours where the poor and less privileged who cannot afford lawyers’ fees. In light of the above and many other grounds, my suggestion is that the life of the tribunals be extended or made permanent.Furthermore, these tribunals ought to be well facilitated to avoid intermittent adjournments due to lack of quorum resulting from members’ unpaid allowances.
Matters like temporary injunctions which involve counsels’ legal arguments should be handled only by the chairman, who is a lawyer, in order to ease the burden on the other members who cannot follow the proceedings and therefore their attendance would be dispensed with.
On the Other hand, if the files are distributed among magistrates, it may result in a total mess since the tribunals’ pecuniary jurisdiction over the value of the property which is the subject matter of the dispute concerning customary tenure has in most cases been unlimited.
In a Magistrates Court, matters of pecuniary jurisdiction may be raised from time to time.
Kulumba-Kiingi
Kampala
Although these tribunals had their weaknesses more especially in raising a quorum, they were doing a commendable job in conflict resolution.
I have read in the press that their files will be entrusted to the Magistrates Courts. If the decision is implemented, it will create more problems instead of solving them. Some of the reasons I have in mind are:
lThese tribunals were special courts dealing mainly with customary tenants whom, through ignorance, are usually referred to as squatters. It has always been the tribunals to decide that these are not squatters.
Rather, they are tenants by occupancy who are protected from eviction by the relevant articles of the 1995 Constitution.
read together with the provisions of the Land Act, a land owner has no right to evict them from his or her land. The land owners have always been reminded that they hold their certificates of title to the land subject to the vested rights and interest in land of the tenants, as provided for under the Registration of the Titles Act.
l Unlike Magistrates Courts which handle all types of cases, civil, criminal and administration of estates, tribunals were confined to land disputes and were supposed to be more accessible, speedy and less expensive.
Hence, their existence is most needed in a society like ours where the poor and less privileged who cannot afford lawyers’ fees. In light of the above and many other grounds, my suggestion is that the life of the tribunals be extended or made permanent.Furthermore, these tribunals ought to be well facilitated to avoid intermittent adjournments due to lack of quorum resulting from members’ unpaid allowances.
Matters like temporary injunctions which involve counsels’ legal arguments should be handled only by the chairman, who is a lawyer, in order to ease the burden on the other members who cannot follow the proceedings and therefore their attendance would be dispensed with.
On the Other hand, if the files are distributed among magistrates, it may result in a total mess since the tribunals’ pecuniary jurisdiction over the value of the property which is the subject matter of the dispute concerning customary tenure has in most cases been unlimited.
In a Magistrates Court, matters of pecuniary jurisdiction may be raised from time to time.
Kulumba-Kiingi
Kampala