Govt to cancel over 400 land titles
CLIMATE CHANGE |
The lands ministry is to cancel more than 400 land titles that were erroneously issued in forest reserves to different people and entities, including the King of Bunyoro Kingdom and Hoima Sugar Limited.
Dennis Obbo, the ministry's spokesperson, said the process to cancel more than 400 land titles in different central forest reserves managed by the National Forestry Authority (NFA) is in the advanced stages.
Obbo said they were responding to a compliant from NFA, which is mandated by law to manage 506 forest reserves across the country.
"We got a complaint from NFA with evidence and for sure the process of cancelling the land titles has started," Obbo said in an interview. The ministry yesterday published a public notice in the media, summoning the concerned individuals and companies for a hearing.
He added: "After the public hearing, they (land titles) are going to be cancelled as required by the law. Cancelling the titles is a done deal."
Obbo said the concerned parties have to go for the hearing with their documents backing up ownership of the land for verification.
"We have to give them an opportunity to respond. After the public hearing, they will know their fate," the ministry's publicist said.
"They will have to return the land titles. Even if they do not return them, we are going to cancel and impound them the moment they are produced."
In a three-page public notice authored by Opio Robert, the acting commissioner for land registration, which was published in New Vision of December 29 (Tuesday), a public hearing for all entities with land titles in forest reserves is expected on February 18, 2021 at 10:00am at the Ministry of Lands, Housing and Urban Development headquarters in Kampala.
During the same meeting, the leadership of NFA or their representatives are expected to attend the public hearing with all documents pertaining to the contested land, Opio stated.
He also said he would forward the matter to the Director of Criminal Investigations Directorate of the Uganda Police for investigation and prosecution of the people engaged in the illegal survey and inspection of forest land and unlawfully obtaining certificates of title for land in forest reserves.
Climate change
Obbo said climate change is real and the move to cancel the land titles comes in the wake of devastating floods that have left the low-lying areas of Uganda underwater for almost the whole year (2021).
"In this era of climate change, we need to take action to save the environment," Obbo said, adding that cancellation of the titles will help to conserve the environment for posterity, which is good for everybody.
Tom Okello, who is the executive director of NFA, said most of the land titles in forest reserves were issued in central Uganda, particularly Greater Kampala. Most of the titles are in the forest reserves of Wakiso district
Process of degazettement
The process of degazettement is elaborate and can only be done by Parliament of Uganda after approval from the lower councils including LC1, LC3, LC5 as well as an endorsement from NFA, the National Environment Management Authority (NEMA) and the Ministry of Water and Environment.
An environment and social impact assessment study has to be conducted and the developer in whose favour the forest is degazetted has to acquire land elsewhere for exchange with the forest. The land should be either of the same quality or better in relation to biodiversity.
Onesimus Mugyenyi, the deputy executive director of Advocates Coalition for Development and Environment, a civil society organisation, described the allocation of land titles to developers as de facto degazettement. He said it taking pace outside the law governing forestry.
How titles are issued in reserves
Obbo said sometimes, the area land committees misrepresent facts on the ground.
"You find that where there is papyrus, they say there are trees, where there are forests they say it is grassland," Obbo said.
"This creates problems for the subsequent processes."
Mugyenyi said the problem with land titles in forest reserves is that there is connivance between government officials (district land board and surveyors) and the people interested in the land.
"The problem is that there is a lot of impunity and the people who behind the titles issued in error are not punished and there is nothing that will stop them from issuing more land titles in forest reserves and wetlands," he said.
Aisha Alibhai, the public relations manager of NFA, appealed to intending land buyers and institutions of government to work together when processing land titles.
Fight over Bugoma
Hoima Sugar backed by Bunyoro Kitara Kingdom has been embroiled in a fight with conservationists over Bugoma Forest Reserve in Kikuube district.
The lands ministry issued a land title in the names of Omukama Gafabusa Iguru, the king of Bunyoro on August 1, 2016 who leased 5,799 hectares to Hoima Sugar Limited for 99 years on August 4, 2016.
The land title was cancelled by the ministry in October 2016, but re-instated when William Ogaro, a commissioner in the ministry and William Byaruhanga, the Attorney General, failed to appear in court as witnesses.
According to the public notice, the individuals or entities/institutions that will be affected by changes in the register include the Omukama of Bunyoro Kingdom, Hoima Sugar, Muhammed Kamoga, Fiduga Limited, Megha industries, Hudson Mukasa, Capital Venture International limited and Sango Bay Estates Limited among others.