Districts, Mengo clash over saza, gombolola land
Mar 12, 2008
Amidst the controversies over the proposed Land Amendment Bill, there has been an ongoing wrangle between Mityana district and the Buganda government over a piece of land on which the district headquarters is located. Both parties claim that the land belongs to them.
By Joshua Kato
Amidst the controversies over the proposed Land Amendment Bill, there has been an ongoing wrangle between Mityana district and the Buganda government over a piece of land on which the district headquarters is located. Both parties claim that the land belongs to them.
The conflict has affected the construction of a multi-billion complex for the district headquarters.
This conflict is not unique to Mityana. Mukono, Kayunga, Kampala, Kiboga, Masaka and Rakai have been facing the same situation.
History of this land
During the division of land under the 1900 Agreement, at least 160 square kilometres of land were given to masaza (counties) and gombololas (sub-counties) across Buganda. These are different from the famed 9,000 square miles of land. They were largely for administrative purposes of the masaza.
The 20 masaza each received eight kilometres. This made a total of 160 square kilometres. At the time, this land was occupied by the saza and gombolola headquarters. This share was different from the eight miles each that was given to the various masaza chiefs.
The masaza included Kyadondo, which currently has the district of Wakiso; Butambala (Mpigi); Bulemezi (Luweero and Nakaseke), Buddu (Masaka), Kooki (Rakai), Kabula (Lyantonde), Mawogola (Ssembabule), Ssingo (Mityana and Kiboga), Buwekula (Mubende), Kyaggwe (Mukono), Bugerere (Kayunga), Buruuli (Nakasongola), Busiro (parts of Wakiso and Mpigi), Gomba (parts of Mpigi) and Mawokota (parts of Mpigi).
In 1967, this land was taken over by the central government. Ideally, most of the districts formed after that time, established their offices in buildings that formerly housed the saza headquarters. The titles of this land were kept by the Uganda Land Commission. In the 1995 Constitution and the 1998 Land Act, it was reverted back to the District Land Boards.
At the moment, most of these district headquarters are located on land and buildings that housed the saza headquarters. According to Buganda’s Attorney General, Apollo Makubuya, they have been developing it and giving parts of it to investors, without consulting Mengo.
“I call upon the Government to return our county and sub-county headquarters so that we can develop Buganda effectively,†the Kabaka of Buganda, Ronald Mwenda Mutebi said last year, while touring parts of Butambala, Gomba and Singo.
District leaders’ views
Kampala
There are many Kampala City Council (KCC) schools and health centres that were constructed on this land, or on part of the 350 private mailo of the Kabaka. These include Nabagereka, Katwe and Kitebi primary schools, and Kyamula Health Centre in Konge. Others include Kawaala Clinic in Bwaise and Makindye KCC headquarters.
“We have written to KCC several times over this issue, but they have never responded,†says a Buganda Land Board official. However, city mayor Hajji Nasser Sebaggala says he forwarded the letter to the Ministry of Local Government.
Kayunga
The district headquarters is housed in the former Bugerere Saza headquarters. The Kangulumira, Bbaale, Kayunga and Kayonza sub-counties are housed in buildings that belong to Buganda. The district is in the process of trying to construct its own headquarters.
“Mengo is right to demand the return of its property, which is currently under our custody because they are the rightful owners,†Boniface Bandikubi, acting chairman Kayunga district says. He, however, does not give a time frame and the legal backing for the returning of the said properties.
Rakai
The Kamuswaga Institution, which is part of Buganda, rents out the premises to the district administration. Payment of the rent is always problematic. By December last year, rent arrears had risen to sh15m, but the district could only pay the Kamuswaga sh0.5m.
“We recognise that these are cultural properties, but we are having financial problems, hence the delay in payment,†Rakai LC5 chairman, Vincent Ssetuuba Ssemakula says.
The agreement among many Buganda district leaders is that the properties can be returned. However, other than Masaka which returned some titles to Buganda a few years ago, other leaders have not.
Mukono
The former chairman, Damulira Kyeyune, had proposed the return of several properties to Buganda, but current chairman Mukoome Lukooya protested the proposal. Lukooya argues that the former district administration erred in returning the properties, since there was no enabling law governing the return.
Local government minister Maj Gen Kahinda Otafiire, has often said Buganda does not have the legitimacy to claim the said land. This earned the minister a vicious attack from Mengo, culminating into him being booed during the burial of the late Lubaga division chairperson, Winnie Makumbi.
According to the Government, the Buganda establishment as it stands today, has no legal backing to reclaim these lands, since it is not holding any administrative or executive powers. If it was under the Regional Tier system for example, it could certainly reclaim these lands. Nonetheless, the conflict is set to go on.
Amidst the controversies over the proposed Land Amendment Bill, there has been an ongoing wrangle between Mityana district and the Buganda government over a piece of land on which the district headquarters is located. Both parties claim that the land belongs to them.
The conflict has affected the construction of a multi-billion complex for the district headquarters.
This conflict is not unique to Mityana. Mukono, Kayunga, Kampala, Kiboga, Masaka and Rakai have been facing the same situation.
History of this land
During the division of land under the 1900 Agreement, at least 160 square kilometres of land were given to masaza (counties) and gombololas (sub-counties) across Buganda. These are different from the famed 9,000 square miles of land. They were largely for administrative purposes of the masaza.
The 20 masaza each received eight kilometres. This made a total of 160 square kilometres. At the time, this land was occupied by the saza and gombolola headquarters. This share was different from the eight miles each that was given to the various masaza chiefs.
The masaza included Kyadondo, which currently has the district of Wakiso; Butambala (Mpigi); Bulemezi (Luweero and Nakaseke), Buddu (Masaka), Kooki (Rakai), Kabula (Lyantonde), Mawogola (Ssembabule), Ssingo (Mityana and Kiboga), Buwekula (Mubende), Kyaggwe (Mukono), Bugerere (Kayunga), Buruuli (Nakasongola), Busiro (parts of Wakiso and Mpigi), Gomba (parts of Mpigi) and Mawokota (parts of Mpigi).
In 1967, this land was taken over by the central government. Ideally, most of the districts formed after that time, established their offices in buildings that formerly housed the saza headquarters. The titles of this land were kept by the Uganda Land Commission. In the 1995 Constitution and the 1998 Land Act, it was reverted back to the District Land Boards.
At the moment, most of these district headquarters are located on land and buildings that housed the saza headquarters. According to Buganda’s Attorney General, Apollo Makubuya, they have been developing it and giving parts of it to investors, without consulting Mengo.
“I call upon the Government to return our county and sub-county headquarters so that we can develop Buganda effectively,†the Kabaka of Buganda, Ronald Mwenda Mutebi said last year, while touring parts of Butambala, Gomba and Singo.
District leaders’ views
Kampala
There are many Kampala City Council (KCC) schools and health centres that were constructed on this land, or on part of the 350 private mailo of the Kabaka. These include Nabagereka, Katwe and Kitebi primary schools, and Kyamula Health Centre in Konge. Others include Kawaala Clinic in Bwaise and Makindye KCC headquarters.
“We have written to KCC several times over this issue, but they have never responded,†says a Buganda Land Board official. However, city mayor Hajji Nasser Sebaggala says he forwarded the letter to the Ministry of Local Government.
Kayunga
The district headquarters is housed in the former Bugerere Saza headquarters. The Kangulumira, Bbaale, Kayunga and Kayonza sub-counties are housed in buildings that belong to Buganda. The district is in the process of trying to construct its own headquarters.
“Mengo is right to demand the return of its property, which is currently under our custody because they are the rightful owners,†Boniface Bandikubi, acting chairman Kayunga district says. He, however, does not give a time frame and the legal backing for the returning of the said properties.
Rakai
The Kamuswaga Institution, which is part of Buganda, rents out the premises to the district administration. Payment of the rent is always problematic. By December last year, rent arrears had risen to sh15m, but the district could only pay the Kamuswaga sh0.5m.
“We recognise that these are cultural properties, but we are having financial problems, hence the delay in payment,†Rakai LC5 chairman, Vincent Ssetuuba Ssemakula says.
The agreement among many Buganda district leaders is that the properties can be returned. However, other than Masaka which returned some titles to Buganda a few years ago, other leaders have not.
Mukono
The former chairman, Damulira Kyeyune, had proposed the return of several properties to Buganda, but current chairman Mukoome Lukooya protested the proposal. Lukooya argues that the former district administration erred in returning the properties, since there was no enabling law governing the return.
Local government minister Maj Gen Kahinda Otafiire, has often said Buganda does not have the legitimacy to claim the said land. This earned the minister a vicious attack from Mengo, culminating into him being booed during the burial of the late Lubaga division chairperson, Winnie Makumbi.
According to the Government, the Buganda establishment as it stands today, has no legal backing to reclaim these lands, since it is not holding any administrative or executive powers. If it was under the Regional Tier system for example, it could certainly reclaim these lands. Nonetheless, the conflict is set to go on.