TOP
Tuesday,October 15,2019 08:58 AM

Constitutional Court nullifies law on land

By Vision Reporter

Added 18th November 2013 01:19 PM

THE Constitutional Court has nullified the act by Government to take over people’s land before compensating them for it, saying the act offends the Constitution.

2013 11largeimg218 nov 2013 101951520 703x422

THE Constitutional Court has nullified the act by Government to take over people’s land before compensating them for it, saying the act offends the Constitution.

By Hillary Nsambu        
           
THE Constitutional Court has nullified the act by Government to take over people’s land before compensating them for it, saying the act offends the Constitution.


 The court made the declaration outlawing the Land Acquisition Act that used to give the Government liberty to possess any land prior to payment of compensation, which it said contravened the right of a person to property as enshrined in the 1995 Constitution.

 “We declare that Section 7 (1) of the Land Acquisition Act is hereby nullified to the extent of its inconsistency with Article 26 (2) of the Constitution,” the court declared.

 Earlier, it had not been provided for prior payment of compensation before the government compulsorily acquired or took possession of any person’s property.

Justice Remmy Kasule chaired the coram. The other members were Justices Eldad Mwangusya, Faith Mwondha, Kenneth Kakuru and Geoffrey Kiryabwire.

The ruling followed a petition filed by Advocates for Natural Resources Governance and Development (ANRGD), Asuman Irumba and Peter Magelah seeking declarations outlawing the acts by Government to compulsorily acquire peoples’ land before compensating them for it.

The petitioner dragged the Attorney general and the National Road Authority to court seeking interpretation of the law on land acquisition by Government prior to compensation.   

However, the court, first struck out the ANRGD, an NGO, as a party to the petition saying that its capacity as a petitioner to bring the petition as a person had not been proved.

The court ruled that any parties affected by the actions of the National Road Authority and the Government were at liberty to seek redress from a competent court under the Constitution or other relevant laws. However, it okayed the third petitioner (Magelah), a lawyer, to bring the petition in public interest.

The Government commissioned a project to upgrade the Hoima-Kaiso-Tonya road in Hoima District in order to ease and facilitate the oil exploration and exploitation activities in the area; a project that necessitated acquiring more land, forcing the Government to compulsorily acquire more land from the people, who were affected by it (project).

However, Irumba complained that his land situate at Kyeharo-Kabwoya was expropriated without prior prompt compensation, which violated the Constitution, hence this petition.
                                                                       
                                                                          
                                                                       
 
                     

 

Constitutional Court nullifies law on land

Related Articles

More From The Author

Related articles