Mukono, Mengo fight over ownership of landing sites
Feb 28, 2007
THE wrangle between Mukono district local government and Mengo authorities over the control of several landing sites in Mukono has degenerated into a fight. The kingdom agents recently attacked the officials with stones protesting the district’s proposed take-over of Katosi landing site.
By Joel Ogwang
THE wrangle between Mukono district local government and Mengo authorities over the control of several landing sites in Mukono has degenerated into a fight. The kingdom agents recently attacked the officials with stones protesting the district’s proposed take-over of Katosi landing site.
Francis Lukooya, the LC5 chairman ordered the take-over after the kingdom had controlled Katosi for seven months. Asuman Muwumuza, the LC5 general duties minister, led an entourage to formalise it.
The Police had to fire bullets in the air to disperse the rioters and eight kingdom agents were arrested. There was a similar scenario at Kiyindi and Ssenyi landing sites.
History of the problem
Until 1966, the landing sites, among other properties, belonged to Buganda Kingdom. When Milton Obote, the then president, disbanded kingdoms in Uganda in 1967, the state took over all the kingdom property. It was not until 1986 when President Yoweri Museveni’s government came into power, that kingdoms were restored.
Return of the properties
Through the Traditional Rulers Act (restoration of assets and properties), the Government paved way for the return of the kingdom properties. In 1993, the act restored 10 assets and properties that were formerly confiscated. They were the Butikiro, Buganda Court, Kabaka’s 350 square miles of land, Kabaka’s Lake and Basekabaka’s Tombs, among others.
According to Lukooya, Mukono returned 21 land titles to the kingdom including those of Kyaggwe, Nakadindiri, Kakandwe, Kawuku, Kangulumira, Kkomo, and Vuluga. He says land titles of Ssenyi, Katosi and Kiyindi landing sites were not on the official list and thus, were not returned.
Godfrey Ddamulira’s alleged return of the landing sites
According to Rajab Kwegaba-Nanfumbambi, the kingdom agent in Ntenjeru, Godfrey Ddamulira, the former district chief, returned land titles of the three sites in December 2005.
“Ddamulira handed over the titles to the Kabaka, but I am surprised Lukooya is claiming they were never handed over,†he says.
Ddamulira announced the return of kingdom properties at a ceremony held at the district headquarters.
Mulwanyamuli Semwogerere, the then Buganda Katikiro, received files of the properties.
Muliika’s case
On the premise that the sites were returned, Dan Muliika, who succeeded Mulwanyamuli, took over management of the sites.
Although there was no formal hand-over, Muliika deployed agents to collect revenue on July 1, 2006. Mukono agents, however, also continued levying taxes on the fishermen. Muliika wrote a letter to Maj. Gen. Kahinda Otafiire, the local government minister, asking him to order the agents out of Buganda’s land.
In September, the minister wrote back asking Muliika to recall the kingdom agents. He said: “There are no minutes of any council meeting indicating the return of the sites. Mukono has no powers to return any properties to Mengo.†Otafiire added that the kingdom had no powers to tender or collect revenue from the sites. He also asked Mengo to refund all the monies they had collected.
Directive to Kayihura
Otafiire directed Kale Kayihura, the Inspector General of Police, to ensure compliance and oversee the evacuation of the agents. Kayihura wrote a letter to the Solicitor General seeking legal guidance.
In a letter dated February 5, 2007, the Inspector General of Government, Faith Mwondha, on behalf of Lucien Tibaruha, the Solicitor General, wrote that Mukono could not negotiate the return of the sites to the kingdom. It revealed that it is the Central Government that negotiates the return of land.
“As such, Mukono does not have the locus to negotiate for the return of the properties to the kingdom. Therefore, the alleged return of the properties (landing sites inclusive) is illegal and has no basis.â€
Uganda Land Commission stance
According to Mwondha, Mayanja Nkangi, the commission chairman and custodian of government land, said: “The kingdom is illegally holding the land and they do not have powers to collect taxes. And, as such, we agree with the opinion of the minister of local government.â€
Mwondha called for the giving back of the sites and if the kingdom wished to reclaim this land, they would have to negotiate with the Central Government.
Mukono’s position
According to Lukooya, the district has changed its position because of non compliance by the kingdom. “We had agreed not to ask them for a refund, but we are now going to,†he reveals. He says sh3m is remitted to the kingdom monthly and this translates to sh63m.
However, he says the money was not delivered to the Kabaka. Mukono had set up a committee, chaired by James Kunobwa, the district speaker, to negotiate the return of the properties with the kingdom.
Kunobwa says negotiations had been done with the kingdom officials. He says according to the Solicitor General’s stand, his committee has been disbanded.
Way forward
“I am a Muganda. I am not against the kingdom, but I am working within the confines of the law. What the kingdom is doing is illegal,†Lukooya says.
He adds that if the kingdom has to repossess its properties, it should do so lawfully. “We are willing to send a team to the kingdom to negotiate.â€
THE wrangle between Mukono district local government and Mengo authorities over the control of several landing sites in Mukono has degenerated into a fight. The kingdom agents recently attacked the officials with stones protesting the district’s proposed take-over of Katosi landing site.
Francis Lukooya, the LC5 chairman ordered the take-over after the kingdom had controlled Katosi for seven months. Asuman Muwumuza, the LC5 general duties minister, led an entourage to formalise it.
The Police had to fire bullets in the air to disperse the rioters and eight kingdom agents were arrested. There was a similar scenario at Kiyindi and Ssenyi landing sites.
History of the problem
Until 1966, the landing sites, among other properties, belonged to Buganda Kingdom. When Milton Obote, the then president, disbanded kingdoms in Uganda in 1967, the state took over all the kingdom property. It was not until 1986 when President Yoweri Museveni’s government came into power, that kingdoms were restored.
Return of the properties
Through the Traditional Rulers Act (restoration of assets and properties), the Government paved way for the return of the kingdom properties. In 1993, the act restored 10 assets and properties that were formerly confiscated. They were the Butikiro, Buganda Court, Kabaka’s 350 square miles of land, Kabaka’s Lake and Basekabaka’s Tombs, among others.
According to Lukooya, Mukono returned 21 land titles to the kingdom including those of Kyaggwe, Nakadindiri, Kakandwe, Kawuku, Kangulumira, Kkomo, and Vuluga. He says land titles of Ssenyi, Katosi and Kiyindi landing sites were not on the official list and thus, were not returned.
Godfrey Ddamulira’s alleged return of the landing sites
According to Rajab Kwegaba-Nanfumbambi, the kingdom agent in Ntenjeru, Godfrey Ddamulira, the former district chief, returned land titles of the three sites in December 2005.
“Ddamulira handed over the titles to the Kabaka, but I am surprised Lukooya is claiming they were never handed over,†he says.
Ddamulira announced the return of kingdom properties at a ceremony held at the district headquarters.
Mulwanyamuli Semwogerere, the then Buganda Katikiro, received files of the properties.
Muliika’s case
On the premise that the sites were returned, Dan Muliika, who succeeded Mulwanyamuli, took over management of the sites.
Although there was no formal hand-over, Muliika deployed agents to collect revenue on July 1, 2006. Mukono agents, however, also continued levying taxes on the fishermen. Muliika wrote a letter to Maj. Gen. Kahinda Otafiire, the local government minister, asking him to order the agents out of Buganda’s land.
In September, the minister wrote back asking Muliika to recall the kingdom agents. He said: “There are no minutes of any council meeting indicating the return of the sites. Mukono has no powers to return any properties to Mengo.†Otafiire added that the kingdom had no powers to tender or collect revenue from the sites. He also asked Mengo to refund all the monies they had collected.
Directive to Kayihura
Otafiire directed Kale Kayihura, the Inspector General of Police, to ensure compliance and oversee the evacuation of the agents. Kayihura wrote a letter to the Solicitor General seeking legal guidance.
In a letter dated February 5, 2007, the Inspector General of Government, Faith Mwondha, on behalf of Lucien Tibaruha, the Solicitor General, wrote that Mukono could not negotiate the return of the sites to the kingdom. It revealed that it is the Central Government that negotiates the return of land.
“As such, Mukono does not have the locus to negotiate for the return of the properties to the kingdom. Therefore, the alleged return of the properties (landing sites inclusive) is illegal and has no basis.â€
Uganda Land Commission stance
According to Mwondha, Mayanja Nkangi, the commission chairman and custodian of government land, said: “The kingdom is illegally holding the land and they do not have powers to collect taxes. And, as such, we agree with the opinion of the minister of local government.â€
Mwondha called for the giving back of the sites and if the kingdom wished to reclaim this land, they would have to negotiate with the Central Government.
Mukono’s position
According to Lukooya, the district has changed its position because of non compliance by the kingdom. “We had agreed not to ask them for a refund, but we are now going to,†he reveals. He says sh3m is remitted to the kingdom monthly and this translates to sh63m.
However, he says the money was not delivered to the Kabaka. Mukono had set up a committee, chaired by James Kunobwa, the district speaker, to negotiate the return of the properties with the kingdom.
Kunobwa says negotiations had been done with the kingdom officials. He says according to the Solicitor General’s stand, his committee has been disbanded.
Way forward
“I am a Muganda. I am not against the kingdom, but I am working within the confines of the law. What the kingdom is doing is illegal,†Lukooya says.
He adds that if the kingdom has to repossess its properties, it should do so lawfully. “We are willing to send a team to the kingdom to negotiate.â€