MBAGADHI FREDERICK NKAYI: UGANDA’S LAND PARADOX, LAWLESSNESS AMIDST RICH LAWS

Recently, massive land disputes, evictions and persistent cancellation of titles have been witnessed in the country, creating enormous controversies over land matters. Consequently, Uganda’s land system presents a striking paradox.

On paper, the country boasts one of Africa’s most comprehensive frameworks for land ownership, with statutes governing tenure, registration and dispute resolution.

In practice, however, millions of occupants, from customary tenants to lawful and bona fide occupants, face insecurity, eviction and limited protection. This contradiction between “rich laws” and “poor protection” is rooted in historical, legal, lack of patriotism and socio-economic complexities.

Recently, during the Parliamentary Lands Committee meeting, the Minister of State for Urban Development, Hon. Margaret Muhanga, reignited an intense debate on matters of land reform in Uganda.

While advocating for the phase-out of Mailo land, Muhanga condemned the colonial masters for the land tenure mess, whose precursor lies in the 1900 Buganda Agreement.

Uganda’s land history therefore reflects a complex evolution shaped by tradition, colonialism and modern law. Pre-colonially, land was held communally by tribes, clans or nomadic groups, with individual usage rights recognized. Colonial rule, however, transformed this landscape.

The 1900 Agreement, without local community consent, introduced Mailo tenure in Buganda, granting chiefs and notables perpetual ownership, while freehold grants were issued to missionaries and institutions. At independence in 1962, Uganda retained Mailo, freehold, leasehold and customary systems.

The Public Lands Act of 1969 began protecting customary tenants on public land, but comprehensive protection came with the 1995 Constitution, which recognized lawful and bona fide occupants.

The 1998 Land Act established an institutional framework to register, administer and secure land, yet enforcement gaps left many occupants vulnerable.

That notwithstanding, Article 26 of the 1995 Constitution guarantees the right to property, prohibiting compulsory deprivation except for public purposes, defence, safety, order, morality or health, with prompt compensation and judicial recourse.

With the same Land Act, customary landowners may secure certificates of ownership under Section 4.

In light of the above, President Yoweri Museveni directed the Ministry of Lands to issue leases to squatters on public land to reduce conflicts and improve tenure security. He banned evictions without District Security Committee approval, protecting Kibanja holders from arbitrary removal, while fraudulent titles should be cancelled. The aim of these measures was to bridge the gap between Uganda’s rich land laws and poor protection.

On that note, however, despite the legal framework, ambiguities in defining lawful occupants, unclear tenants’ rights, and inconsistent judicial enforcement leave many vulnerable. All these issues arise from a lack of patriotism.

Some evade legal processes, engage in fraudulent transactions, ignore Kibanja rights, fail to comply with government directives and illegally occupy public land. Such actions undermine cohesion, weaken the rule of law, and perpetuate land conflicts, preventing Uganda from realizing constitutional protections. The disregard for collective national interest over personal gain fuels insecurity and distrust in land governance.

Out of such land mischief, the Justice Bamugemereire’s Commission of Inquiry, 2016–2020, recommended, among others, the following:

Tenure and registration: Register all land in Uganda after adjudication, including customary land, to minimize disputes and enhance tenure security.

Introduce customary freehold in law to remove the perceived subservient position of customary tenure.

Amend the Land Acquisition Act of 1965. Define who has compulsory acquisition power and what public interest means.

Curtail excessive powers of the Chief Government Valuer and the lands registration authorities.

Conclusively, all attempts should work towards the fusion of the parallel freehold systems (Mailo and others) into a single tenure system.

In the interim, while these recommendations await appropriate consideration, Museveni’s priorities and directive to all stakeholders emphasize:

– Regulation of public land;

– Safeguarding Kibanja holders;

– Demonstration of patriotic values;

– Strengthening enforcement;

– Respect for legal processes; and

– Promotion of responsible land stewardship.

The author is the Commissioner- RDC Secretariat in charge of Kampala Metropolitan- Office of the President.