Land law failing govt projects - Kisamba-Mugerwa

Oct 24, 2019

He said that government must be assertive and not susceptible to blackmailers who play the political appeasement card

Former minister Dr Wilberforce Kisamba-Mugerwa, has said Article 237 (I) of the Constitution, that says the land belongs to citizens of Uganda, is misused to frustrate government projects.

Kisamba-Mugerwa expressed his opinion to the land probe commission in Kampala after he was invited on Thursday to give his expert view on land use management.

Lead counsel Ebert Byenkya, observed that the constitutional provisions had been subjected to varied misleading interpretations. He sought the agro-economist's perspective.

Kisamba-Mugerwa responded that government must be assertive and not susceptible to blackmailers who play the political appeasement card.

"It has brought us problems. Government projects have stalled because the land belongs to the citizens. It is good politically but practically, it cannot work. We need to be very bold and streamline this country," said Kisamba-Mugerwa.

He emphasised that in the event that a person is selfishly stalling a project, the government must be decisive, immediately move that person, if need be by compulsion, and compensation made later.

Kisamba-Mugerwa served in various ministerial dockets in the government of President Yoweri Museveni, between 1991 and 2004.

He served as minister of agriculture, minister without portfolio in the Office of the Prime Minister, and state minister for finance and economic planning.

He poured scorn on people who own land but leave it unutilised. The agro-economist stressed that land is a factor of production, that should never be left to go to become derelict.

"Can you build a hotel and lock it, or but a 14-seater passenger taxi, licence it and then park it? It would not make sense!" said Kisamba-Mugerwa, who is currently Ndejje University chancellor. 

Brokers exaggerating land prices

The former Makerere University don, ridiculed brokerage operators in land transactions, saying they had distorted the market, by exaggerating land and property prices.

"Today, these brokers are escalating prices. We need a perfect market so that you know who is selling and who is buying. The government should effectively regulate land brokerage services," said Kisamba-Mugerwa.

Probe chairperson Justice Catherine Bamugemereire sought his opinion on a solution to the rampant land title forgeries.

Kisamba-Mugerwa, who is currently chairperson Microfinance Support Centre, suggested a tough certification exercise and unique land title security features. 

"We should invest more in land title security features. Even if we digitise, we are digitising the wrong information. We can verify these titles. That is not a problem," replied the agro-economist.

Bamugemereire agreed, noting that only 20% of land countrywide, is titled. She commended him for his incisive views.

Commission fact file

On December 8, 2016, President Yoweri Museveni appointed a seven-member commission of inquiry chaired by Court of Appeal Justice Catherine Bamugemereire, to inquire into land matters.

This was prompted by several documented instances of public outcry. The team took oath on February 19, 2017, with a mandate to inquire into the effectiveness of law, policies and processes of land acquisition, land administration, land management and land registration. 

Subsequently, public hearings commenced on May 9, 2017, at National Archives and Records Centre in Nakasero.

On November 10, 2017, the President extended the probe's mandate for six months. Last year on May 4, 2018, Museveni endorsed an 18-month extension of the probe.

The probe commissioners are Frederick Ruhindi, Dr Rose Nakayi, Mary Ochan, Robert Ssebunnya, Joyce Habaasa, and George Bagonza.

Deputy lead counsel is John Bosco Suuza, while Andrew Odiit is assistant lead counsel.

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