Land evictions: Blame the Queen and Parliament, not judges

Nov 05, 2018

It is of no surprise that Justice Bamugemereire is disrobing the judiciary and should not be a cause of alarm and hullabaloo

By Keefa Kaweesa 

In the New Vision of October 29, 2018, the Lord Justice Bamugemereire is reported to have made a statement at a press conference about the Judiciary frustrating the work of the commission.

That the commission had encountered court orders, judgments and injunctions entered by judicial officers that had led to thousands of evictions of bibanja holders.

She is reported to have cited land issues the commission had already launched investigations into the matter.

To believers in reforms, this is a damning statement.

Justice Bamugemereire has taken a bold and concrete step towards solving the land grab and eviction while on the other side of the coin she has been lambasted for coming out publically to condemn the temple of Justice where she also a priestess.

A senior counsel of the Uganda Law Society has taken the lead amongst those to castigate the Commission.

He said that its role was only to make recommendations in a report to the appointing authority.

The Chief Justice, the Lord keeper of the temple, also questioned the rationale of Justice Bamugemereire going public without first referring the matter for in house warming,

In fact he has taken exception to the fact that justice Bamugemereire had gone to the media and has almost called it a blasphemy.

In a related development, Tweheyo's Anti Corruption Committee has also downloaded a bombshell.

It reports that the Baguma Isokes Uganda Land commission has taken the lead in fueling land grabbing and eviction. Such revelations are good fodder for Bamugemereire commission.

However, six years ago, I wrote an article in the New Vision titled 'There must be a review of land law' which was published on 24th October 2012.

Under this article, I quoted  H.E the President response to the then Minister for the Youth Ronald Kibule after narrating the ordeal of a woman Mrs. Ruth Tamale  of Bulika- Nama Sub County, Mukono District whose house had been razed to the ground by the land lord and the husband had been imprisoned because of a kibanja dispute.

This was at a public faction at Naggalama and the President in reply provided a genesis of coming into force of the Busuulu and Envujjo law of 1928 and emphasized there and then that no kibanja owner should be evicted except for nonpayment of Busuulu

On Thursday October 25, 2018, H.E. the President repeated the same history at Kirangira village in Nama Sub County in Mukono District where over 400 people's houses have been demolished  and people  have been evicted by one Dick Banoba the landlord, after getting court order and allegedly facilitated by RDC and a District Police Commander.

The President narrated to the people about the struggle and agitation for land by the Bataka in the 1920s culminating in the setting up of a land commission in 1924.

I concur with H.E. the President.

The said commission consisted of the then Chief Justice (Sir Charles Griffin) and the Provincial commissioner, Buganda (J.C.R. Sturrock) and others

According to available records, the commission findings were impracticable, that the British government, mindful of the powerful support rendered to the few Bataka by the many Bakopi or cultivating tenants,

"Declared its intention of insisting upon the passage of legislation to ensure security of tenure to native occupiers and for limitation and regulation of rents and tribute in kind" this was on   October 15, 1926 published in the Uganda Herald.  

The "Buganda Busuulu and Envujjo law of 1928", which was described as

"Perhaps the first legislative enactment in Africa dealing with native rental conditions" came into effect on January 1, 1928.

I hasten to add that Section 11 of the Buganda Busuulu and Envujjo Law of 1928 provided that

"No tenant may be evicted by the mailo owner from his kibanja save for public purpose or for other good and sufficient cause unless a court having jurisdiction shall have tried the case and made the order of eviction".

The same law also provided that

"While a tenant is still prosecuting his appeal, or until the time for appeal has expired, he shall remain in undisturbed possession of his kibanja until such time as the order of eviction shall have been received from the final court of Appeal".  

This Law, the president said, was the principal foundation of the current Land Act of 1998 and the subsequent 2010 amendments therein. 

The present Bamugemereire commission just like the then Chief Justice Sir Charles Griffin of 1924 is at the same predicament of trying to solve the land equation.

It therefore of no surprise that Justice Bamugemereire is disrobing the judiciary and should not be a cause of alarm and hullabaloo.

It is my submission therefore that there should not be any room  for harassment of Judge Bamugemereire's Commission however what should be at stake now is for every knowledgeable Ugandan to contribute ideas to the commission in order to enable it construct a sustainable amendment of the law which will help Uganda overcome this colonial Law. 

The writer is a Lawyer

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