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Land probe commission denies mailo land abolition recommendation  

The Commission of Inquiry into land matters headed by Justice Catherine Bamugemereire, has denied media reports that in its interim report to President Museveni, it proposed the abolition of mailo land titles.

In a statement released today, the commission said that this was a misunderstanding of some of its interim recommendations by some media houses. Yesterday, Daily Monitor reported that one of the 19 recommendations in an interim report that the commission gave to the president on 15th February 2018 is to abolish mailo land titles.

Justice Catherine Bamugemereire hands over the commission's report to President Museveni

This move if put into effect could put government at loggerheads with the Buganda kingdom establishment at Mengo, which owns most of the land in question. The said recommendation has already caused outbursts from kingdom officials and loyalists who vowed to out rightly reject it.

Some stated that maybe the sole purpose of the commission was to “take away Buganda land” and not to solve land matters in the country, allegations the commission denies.

“The commission has not recommended the abolition of ownership rights currently represented by mailo land tenure,” the commission statement reads in part.

“What the commission recommended is that efforts to be made to fuse these parallel freehold type systems into a single tenure to introduce clarity and cohesion.”

Mailo land is a form of freehold predominant in Buganda, with some peculiar historical characteristics that came into effect when the kingdom of Buganda signed an agreement with the British-administered Uganda Protectorate in 1900. Other types of land tenure systems in Uganda include freehold, customary and lease hold.

In order to achieve the said fusion of the land systems, the commission said, it would be necessary to address the contradictions caused by occupancy rights that frequently affect Mailo tenure system.

Throughout its countrywide travels, the commission has found numerous complaints of ownership rights on mailo land between sitting tenants and purported owners some of whom had fake titles to show for it. Others were wrangles between members of the Buganda royal family with each side claiming ownership of certain pieces of land.

“These contradictions include separation of rights of ownership from occupancy that has led to difficulties in the smooth operation of the mailo tenure system,” the commission said.

It also recommended the restructuring and strengthening of the land fund through democratic provisions enforced by the government over a period of time, which may include appropriate compensation to either the landlords or tenants.

“Please note that all recommendations in the interim report are not final and are subject to further discussion, pending the publication of the final report,” the statement says.

“The commission continues to consider and debate its interim recommendations and to this end, it welcomes public discourse based on full information, engagements and submission of views and opinions as to how these recommendations may be refined or improved.”

President Museveni meeting the land probe commissioners 

Outline of 19 land probe commission interim recommendations

1) The multiple land administration, management and conservation agencies be merged into two super bodies.

2) District land boards and Area Land committees be dissolved and their mandate passed on to the proposed Land Authority.

3) Legal and policy reforms undertaken to facilitate the restructuring of the land sector’s institutional arrangements, enhance accountability, and address historic land distortions.

4) Reduction of current land tenures from four to perhaps three; freehold, customary free hold and leasehold. All government land to be held under freehold by the state.

5) Implement a nationwide survey and titling of all land, including customary land, with government support through the land fund.

6) The ULC [Uganda Land Commission] be abolished and its functions under the new authority be limited to holding public land only.

7) A futuristic land bank be developed to relieve government of heavy financial burdens and delays associated with land acquisition for public works.

8) The land fund be purposively capitalised and restructured to work effectively under the Land Authority

9) The office of the chief government valuer be restructured, and streamlined, and merged under the Land Authority.

10) Strong and punitive accountability and anti-corruption mechanisms in the land sector should be urgently put in place and implemented, in line with a zero tolerance to corruption policy.

11) All land fraud investigations should be broadened to include the participation of the Financial Intelligence Authority, the Inspectorate of Government, and other key criminal justice agencies.

12) All illegally allocated and acquired government and ‘public land’ be recovered through cancellation of illegally acquired land titles and holding all those found culpable to account.

13) Government to urgently halt the illegal encroachment on protected forests and wetlands, and restore these to the status of 1990.

14) A consolidated and validated national database be urgently developed, that includes the NFA map data, the Wetlands Atlas, and government institutional land.

15) Strengthen pre-land transaction identification processes by mandatory use of national identification for citizens, and relevant documentation for foreigners.

16) The re-establishment of district land tribunals as full time dispute resolution mechanisms with an expanded membership, and chaired by a Grade One Magistrate.

17) Mediation function provided under the Land Act be re-structured to provide for the option of disputing parties to each appoint an additional mediator.

18) The 2012 Draft Legal Aid policy be expeditiously considered and passed by cabinet.

19) Interests of cultural institutions, religious bodies, and women must be represented in the composition of district based land administration and dispute resolution fora, and also within wildlife conservation and benefits sharing processes.

kamogajonathan50@gmail.com

 

Comments

+4 #1 Akot 2018-02-21 20:24
So, when will Ugandans help museveni finalise conquest of their country & make them landless forever?

While museveni will celebrate, what will Ugandans be doing then & where will museveni resettle Ugandans?

why are we playing with museveni?

What will museveni do to Buganda, then the rest of tribes, when we shall have officially-legally-constitutionally handed over the entire zone to him?

Will Acholiland be military base for museveni then?
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-3 #2 WADADA rogers 2018-02-22 08:49
Why are Ugandans afraid to confront issues that directly affect Buganda, i even dont know why the commission is denying that they made the recommendation.

I personally, wish that the mailo tenure is abolished.
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+1 #3 kikola 2018-02-22 15:21
wadada, anyway u are wadada. you are foegiven. there is point in discussing anything with you whetehr economic or social. your dislike of baganda is displayed alread.

u have nothing to debate about this isssue. i hopw u r living in mbale/leave issues of the generals to the generals.
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0 #4 Akot 2018-02-22 19:40
WADADA rogers, understood.

Ugandans are in denial of reality: museveni will own the entire zone then form the Republic of Uganda as he wants! Not 1 tribe will have tribal land that will still belong to them the moment we hand over the country to museveni through parliament!

It's a pitty Buganda preferes dealing with museveni instead of the rest of tribes forgetting Buganda is in Central & museveni wants complete control of Kampala-Entebbe, then the rest of tribal lands will just fall in place!

Buganda should by now know that the rest of tribes are not the danger, but museveni who wants the country for him-his people!

Museveni came for a country Buganda is part of: unless Buganda-any other tribe that wants to be Free breaks away or we Unite, there is no what museveni won't own Uganda!...
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0 #5 Akot 2018-02-22 19:45
...The enemy is not ourselves, we are all losers, each & every tribe, because it's our tribal lands that formed the Republic museveni shattered, yet the demon uses us to hand him over our tribal lands!

But our Unity, even when we hate one another & want to stay seperate, will help us get the kind of administration we want without museveni & we MUST UNITE before museveni is handed the country to constitutionally!

Buganda should remember Sir E.Mutesa ll chose to go along to form the Republic with Dr Obote because he believed it was the right thing to do than!

Yet, if Sir Mutesa ll had decided to make Buganda independent state, this would have been accepted by the rest of tribes & Bagandans also!...
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0 #6 Akot 2018-02-22 19:52
...We MUST STOP fighting one another because this only bolsters museveni while we are all being thrown out of even our tribal lands!

Our UNITY will throw museveni out then we will go for:

- Reformation of the Republic, or

- Independent tribal states!

Museveni is going no where & will own our country: is this what we want, especially he is using us to hand over our country to him?

Why is Acholiland not Free & what will museveni do do Acholi when he is owner of the entire zone?

Uganda enemy is museveni who wants our tribal lands for him-his people!

Which tribe came to help Acholi when museveni massacred them?

Which tribe will come to help Bugand or any other when museveni will give them lesson so they never dare defy him?
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0 #7 Akot 2018-02-22 19:56
WADADA rogers, let's go back in time!

[Lakwena
Quoting Akot:

Ugandans MUST really wake up!

Acholi MUST now bring an end to this nonsense & protect their tribal land by keeping museveni out of it: if this means Kony coming back on Acholi land & occupy it instead of keeping foreign land safe from museveni, then be it!

Enough is enough!


Akot, my biggest concern is: Rwot Acana must come clean. Either he is M7's servant or he serves the people of Acholi.

He and others should not forget that it is not M7 paying the Shs.5 million a month for their upkeep.

It is Ugandans taxpayers who are footing their bills, which make them continue to breath in and out.

Otherwise they would be paupers in the their so call chiefdom. Acana should tell M7 in uncertain term to back off giving Acholi land to any investor.]

It's time we wake up before it's too late!
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0 #8 Akot 2018-02-22 20:05
The picture above speaks a lot: it's a Ugandan handing over documents to show the world it's museveni who has final say in the country & Ugandans serve him with respect!

Yet we still call ours Ugandans in our country, unaware we are handing it over to the demon officially-legally -constitutionally & the entire world is witness to this!

Whether it's done in parliament or in open space, the result is the same: museveni is finalising conquest with such ease!

Will museveni still need tribal leaders when conquest is finalised?

Justice Catherine Bamugemereire is making sure the pracious documents don't fall down & get dirty!

As it is, it won't be long now for museveni to declare Uganda his!
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0 #9 WADADA rogers 2018-02-23 08:40
The 1998 Land Act creates a Land Fund (monies appropriated by Parliament and loans obtained by Government) to give loans to tenants by occupancy to enable them acquire registrable interest; to enable government to purchase registered land and to enable tenants by occupancy to acquire registrable interest and to redistribute it to tenants; to resettle persons who have been rendered landless and to assist other persons to acquire titles!!

The fund has been used to purchase land of Baganda absentee land lords in places like Kibaale.

Today over 100 titles have been acquired in Kibaale from absent Baganda landlords.

The Uganda Land Commission has power to acquire land in a compulsory way in case the owners refuse to sell.
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