Legally, Buganda’s 9,000 square miles don’t exist
Recently the state minister for lands, Dr Kasirivu Kyamanywa Atwooki, threw a challenger in the land debate when he announced that the 9,000 square miles of land which was known as crown land does not exist and went on to produce a map in his support which showed all land tenures in Buganda.
By Peter Mulira
Recently the state minister for lands, Dr Kasirivu Kyamanywa Atwooki, threw a challenger in the land debate when he announced that the 9,000 square miles of land which was known as crown land does not exist and went on to produce a map in his support which showed all land tenures in Buganda.
This information did not please the leadership in Buganda which has been demanding the return of akenda (9,000) from the central government, its beneficiary since the 1967 constitution..
Dr Kasirivu’s revelation was followed by the statement of the justice and constitutional affairs minister Khidu makubuya in which he claimed that only 4,638 square miles remained.
This figure seems to be erroneous because the minister based it on the premise that the 9,000 square miles ever existed anywhere on the ground. This figure was based on assumptions in the 1900 agreement as to the total area covered by the kingdom of Buganda.
At the time the agreement was made, no survey had been carried out and it is not known on what basis the assumptions were made. Section 15 of the agreement provided that “Assuming the area of the kingdom of Buganda, as comprised within the limits cited in this agreement, to amount to 19,600 square miles, it shall be divided in the following proportions… â€
The section then went on to allocate to the crown a total of 10,550 square miles while 9,050 square miles became mailo land to be owned by officials, individuals and religious organisations. Of this figure 8,000 square miles were allocated to 1,000 chiefs and private land owners as estates “of which they are already in possession… â€
The agreement then provided that should the total area turn out to be less than 19,600 square miles after a careful survey was done, the proportion be vested in Her Majesty would be reduced to the extent of the deficiency.
When the survey was completed in 1936, the total area came to 16,138 square miles excluding 1,714 square miles of swamp, a deficiency of 3,462 square miles which had to be deducted from the original figure of 10,550 square miles which had been vested in the crown on paper leaving the total of crown land on the ground to be 7,088 square miles or 5,538 if the deduction is taken from 9,000 square miles.
The definition of this 9,000 square miles or the final figure is instructive. On this subject the agreement reads: “The aforesaid 9,000 square miles of waste or cultivated or uncultivated land, or land occupied without prior gift of the Kabaka or chiefs, by bakopi or strangers are hereby vested in Her Majesty the Queen…… on the understanding that the revenue derived from such lands shall form part of the general revenue of the Protectorate of Uganda.†This in effect made it trust land a point we should not lose sight of in our current deliberations.
Naturally land so defined could not be found in one place and there had to be put in place a method of identifying it and legally characterising it as crown land.
This was done through the Crown Land (Declaration) Ordinance and its rules under which individuals and companies could apply for grants of freeholds on crown land once identified for commercial farming.
Among the individuals who got such land as a gift is Mr. Kisindhas who was given a large part of Mbuya hill in appreciation of his services as a supplier of foodstuffs to the army during the first world war.
However, most of the grantees were commercial planters among whom was a Mr. Johnson, the grandfather of Dr Maggie Kigozi, who became one of the country’s biggest coffee growers based at Buterere, Masaka, and Mr Buchanan (Bukanana to the Baganda) a tea grower near Kisoga in Mukono which later became a UDC plantation.
Among grantee companies was Uganda company Ltd which had coffee plantations at Lubowa and Nsimbe on Masaka Road. Other companies included Kyadondo Coffee Company which had a grant of 326 acres at Kasirize, Songe, just behind Seeta trading centre.
The other categories of crown land were swamps (1,714 square miles) and forests (1,500 square miles.) The forests which were vested in Her Majesty as crown land were identified in the Uganda Memorandum of Agreement (Forest), 1907,which was signed on October 25, 1907.
Most of the waste or uncultivated land was located within what is known as the cattle corridor which stretches from Rakai district through Mubende and Luwero up to some parts of Kayunga. Only 350 square miles of mailo land were allocated in this corridor because it was unsettled and uncultivated. Under the Buganda Agreement, 1961, which was signed on October 31, 1961, provision was made for the return of some of the crown land to Buganda to be managed by the Buganda Land Board.
However, all land occupied by the government for its work was excluded and was vested in the Uganda Land Commission. Further land occupied by the Uganda Electricity Board, Makerere University, Kampala and District Water Board and the Empire Cotton Growing Association, Namulonge, were vested in those organisations.
In addition, under section 19 (5) of that agreement the Buganda Land Board was enjoined to give leases of 199 years to four municipalities and towns. The agreement also provided under section 19 (6) that the transfer of crown land to the Buganda Land Board would not affect the obligations and rights of “existing lessees, licencees or other grantees.â€
The provisions of this agreement were implemented through an Ordinance which was enacted in March 1962. The question arises as to what was left to be transferred to the Buganda Land Board. Very little indeed.
Section 19 (4) of the agreement excluded land occupied by the government and the four organisations mentioned above. Then section 19 (5) gave away leases for 199 years for municipalities and towns and lastly section 19 (6) preserved the obligations and rights of “existing lessees, licencees or other grantees.â€
This left to be vested in the Buganda Land Board the cattle corridor (excluding the 350 square miles of mailo land), swamps, forests, unalienated land and all public land of the Kabaka’s government which included the official estates attached to chieftainships.
This land has had a chequered history since 1967 when it was vested in the Uganda Land Commission following the abolition of kingdoms.
The 1995 constitution returned it to District Land Boards in Buganda but under the recent amendment which established regional governments, regional governments may establish a regional land board similar to the former Buganda Land Board to coordinate all land use in the region.
In addition section 60 (2) of the Land Act, 1998, permits public land to be managed in the name of the traditional leader of the area in which it is found.
The writer is a lawyer
Recently the state minister for lands, Dr Kasirivu Kyamanywa Atwooki, threw a challenger in the land debate when he announced that the 9,000 square miles of land which was known as crown land does not exist and went on to produce a map in his support which showed all land tenures in Buganda.
This information did not please the leadership in Buganda which has been demanding the return of akenda (9,000) from the central government, its beneficiary since the 1967 constitution..
Dr Kasirivu’s revelation was followed by the statement of the justice and constitutional affairs minister Khidu makubuya in which he claimed that only 4,638 square miles remained.
This figure seems to be erroneous because the minister based it on the premise that the 9,000 square miles ever existed anywhere on the ground. This figure was based on assumptions in the 1900 agreement as to the total area covered by the kingdom of Buganda.
At the time the agreement was made, no survey had been carried out and it is not known on what basis the assumptions were made. Section 15 of the agreement provided that “Assuming the area of the kingdom of Buganda, as comprised within the limits cited in this agreement, to amount to 19,600 square miles, it shall be divided in the following proportions… â€
The section then went on to allocate to the crown a total of 10,550 square miles while 9,050 square miles became mailo land to be owned by officials, individuals and religious organisations. Of this figure 8,000 square miles were allocated to 1,000 chiefs and private land owners as estates “of which they are already in possession… â€
The agreement then provided that should the total area turn out to be less than 19,600 square miles after a careful survey was done, the proportion be vested in Her Majesty would be reduced to the extent of the deficiency.
When the survey was completed in 1936, the total area came to 16,138 square miles excluding 1,714 square miles of swamp, a deficiency of 3,462 square miles which had to be deducted from the original figure of 10,550 square miles which had been vested in the crown on paper leaving the total of crown land on the ground to be 7,088 square miles or 5,538 if the deduction is taken from 9,000 square miles.
The definition of this 9,000 square miles or the final figure is instructive. On this subject the agreement reads: “The aforesaid 9,000 square miles of waste or cultivated or uncultivated land, or land occupied without prior gift of the Kabaka or chiefs, by bakopi or strangers are hereby vested in Her Majesty the Queen…… on the understanding that the revenue derived from such lands shall form part of the general revenue of the Protectorate of Uganda.†This in effect made it trust land a point we should not lose sight of in our current deliberations.
Naturally land so defined could not be found in one place and there had to be put in place a method of identifying it and legally characterising it as crown land.
This was done through the Crown Land (Declaration) Ordinance and its rules under which individuals and companies could apply for grants of freeholds on crown land once identified for commercial farming.
Among the individuals who got such land as a gift is Mr. Kisindhas who was given a large part of Mbuya hill in appreciation of his services as a supplier of foodstuffs to the army during the first world war.
However, most of the grantees were commercial planters among whom was a Mr. Johnson, the grandfather of Dr Maggie Kigozi, who became one of the country’s biggest coffee growers based at Buterere, Masaka, and Mr Buchanan (Bukanana to the Baganda) a tea grower near Kisoga in Mukono which later became a UDC plantation.
Among grantee companies was Uganda company Ltd which had coffee plantations at Lubowa and Nsimbe on Masaka Road. Other companies included Kyadondo Coffee Company which had a grant of 326 acres at Kasirize, Songe, just behind Seeta trading centre.
The other categories of crown land were swamps (1,714 square miles) and forests (1,500 square miles.) The forests which were vested in Her Majesty as crown land were identified in the Uganda Memorandum of Agreement (Forest), 1907,which was signed on October 25, 1907.
Most of the waste or uncultivated land was located within what is known as the cattle corridor which stretches from Rakai district through Mubende and Luwero up to some parts of Kayunga. Only 350 square miles of mailo land were allocated in this corridor because it was unsettled and uncultivated. Under the Buganda Agreement, 1961, which was signed on October 31, 1961, provision was made for the return of some of the crown land to Buganda to be managed by the Buganda Land Board.
However, all land occupied by the government for its work was excluded and was vested in the Uganda Land Commission. Further land occupied by the Uganda Electricity Board, Makerere University, Kampala and District Water Board and the Empire Cotton Growing Association, Namulonge, were vested in those organisations.
In addition, under section 19 (5) of that agreement the Buganda Land Board was enjoined to give leases of 199 years to four municipalities and towns. The agreement also provided under section 19 (6) that the transfer of crown land to the Buganda Land Board would not affect the obligations and rights of “existing lessees, licencees or other grantees.â€
The provisions of this agreement were implemented through an Ordinance which was enacted in March 1962. The question arises as to what was left to be transferred to the Buganda Land Board. Very little indeed.
Section 19 (4) of the agreement excluded land occupied by the government and the four organisations mentioned above. Then section 19 (5) gave away leases for 199 years for municipalities and towns and lastly section 19 (6) preserved the obligations and rights of “existing lessees, licencees or other grantees.â€
This left to be vested in the Buganda Land Board the cattle corridor (excluding the 350 square miles of mailo land), swamps, forests, unalienated land and all public land of the Kabaka’s government which included the official estates attached to chieftainships.
This land has had a chequered history since 1967 when it was vested in the Uganda Land Commission following the abolition of kingdoms.
The 1995 constitution returned it to District Land Boards in Buganda but under the recent amendment which established regional governments, regional governments may establish a regional land board similar to the former Buganda Land Board to coordinate all land use in the region.
In addition section 60 (2) of the Land Act, 1998, permits public land to be managed in the name of the traditional leader of the area in which it is found.
The writer is a lawyer