Connect with us
  • NATIONAL

    OPINION: Information Every ‘Kibanja’ Owner Should Know: Quantum Compensation To Mailo As Bibanja Push For Constitutional “Ebyaffe”…

    Published

    on

    Junior lands Minister Dr. Sam Mayanja

    The bibanja “ebyaffe” is a constitutional right. Articles 237 (8), and 237 (9) sets out to correct the historical injustices they have suffered for decades.

    Article 237 (8) guarantees them security of occupancy as, an interim measure, pending the attainment of full “ebyaffe” when two years after the first sitting of Parliament elected under the 1995 Constitution two things would happen:  A law would be put in place regulating the relationship between the bibanja holder and titled landlords and under 237 (9) (b) a law would be put in place providing bibanja holders with guaranteed perpetual registrable interests in land under freehold title. This is the final “Ebyaffe” for bibanja holders.

    It baffles why Parliament elected after the 1995 Constitution did not pass the bibanja “ebyaffe” legislation. Parliament instead enacted the 1998 Land Act which circumvented the “ebyaffe” in articles 237 (8), and 237 (9).

    The “Ebyaffe” involves giving freehold titles to bibanja holders on mailo, freehold, and leasehold as set out in Article 237 (8). It is freehold titling because Article 237 (1), (3) and the conversion provisions of a leasehold to freehold in article 237 (5) and customary tenure to freehold under Article 237 (b) all indicate freehold titling as the ultimate goal.

    That goal is for all citizens to enjoy one registrable security of tenure in freehold.  A single tenure for all Ugandans with registrable interest in perpetuity is the “ebyaffe”.

    The calls for compensation to title holders from where the “ebyaffe” shall be obtained means a payment of a lump sum that is an equivalent of the legal interest of the title curved out the landlords’ holding.

    This is either the nominal ground rate receivable by the title holder or the monetary value of the production activity receivable by the kibanja holder, enjoyable or realizable in perpetuity.

    In land valuation terms perpetuity means a maximum of 15 years. If we use a capitalization rate (yield) of 8%, it would mean the titled landlords’ compensation has long been lost through the influence of time.

    It means that busulu or rental payment ceased in 1943!  In fact, the average valuation practice of capitalization rate or yield of 11% common in Uganda valuation practice is used, perpetuity would only be nine (9) years.

    Taking nine (9) years as perpetuity, a landlord title holder who has exploited the kibanja occupant through four generations of grandfathers, for over one hundred and twenty years, would therefore find the compensable quantum calculated in perpetuity to be zero.

    It must be recognized that the annual busulu that was fixed a century ago was an amount of ten (10) shillings. Rental review was not provided for, whether there was appreciation in land value or not.

    Taking this to its logical conclusion-the bibanja holders would after the nine years perpetuity valuation period, occupy the kibanja without any disturbance of busulu payments. The mailo owner’s right to busulu was to expire after the perpetuity valuation period of nine years.

    In this scheme of things, a titled land owner, part of which shall be taken up by “ebyaffe” under Article 237 (8), is entitled to no trillions, no compensation.

    Even when computed over the century long period of historical injustices, the titled landlord’s share amount to nothing, as the compensation would have been limited only to a lump sum arising from the landlords’ legal interest of ten (10) shillings, or using the current Land Act,  arising from the annual ground rent (busulu) acknowledged by the District Land Boards.

    The current practice of valuers putting some kind of apportioning of compensation amount between the bibanja holders (project affected persons-PAPs) is irregular.

    It apportions, 60%-70% to bibanja holders while 30%-40% is given to the titled landlord. This practice only means that landlords have been receiving much more than their legal interests. It is a scheme which has been cheating the kibanja holder.

    With the NRM Government fully committed to ensuring registrable security of tenure for every citizen, compensation to landlords should only be an equivalent share of their interests.

    As of today, fair and adequate compensation to titled landlords would be in a ratio that is of equivalent, or equal to the ratio of the nominal ground rent to the net income from an acre parcel of land that prevailed during the colonial period or a lump sum arising out of the amounts at a ground rent acknowledged by the District Land Boards. It can therefore not be a compensation in the trillions being tossed around, rather it has to be zero.

    In this scheme of things, the magnanimity of the NRM leadership under President Museveni, shall have to be stretched to the limit, to find a formula on which a compensation value can be calculated-which formula may only be possible if based on compassionate grounds.

     

    Dr. Sam Mayanja

    Minister of state for Lands

    smayanja@kaa.co.ug

    www.kaa.co.ug

    Comments

    CRIME

    Kabaka Mutebi, Tycoon Ham Kiggundu Kigo Land War Deepens As BLB Boss Faces Prosecution Over Conflict Of Interest …

    Published

    on

    Tycoon Ham Kiggundu (L) and Kabaka Ronald Muwenda Mutebi (R). Inset is Bashir Juma

    Kabaka of Buganda Ronald Muwenda Mutebi’s Kigo Land war with city tycoon Hamis Kiggundu, the proprietor of the Ham Enterprises Limited has deepened after Ham’s lawyers called for the prosecution of Buganda Land Board (BLB) boss Bashir Kizito Juma over conflict of interest.

    Kabaka through his lawyers led by Buganda Attorney Christopher Bwanika, lawyers from K&K Advocates and S&L Advocates petitioned the registrar Land Registration John Karuhanga seeking the cancellation of land titles Comprised on Kyadondo Block 273 plot 23974, 23976, 23975, 23977 and Kyadondo Block 273 plot 87,99, 110 situated at Kigo in Wakiso district.

    Kabaka asserted that he is the rightful owner of the land and accused Ham of fraudulently conniving with officers at Wakiso district land board to grab his land which he inherited from his father and grandfathers.

    He added that Ham admitted that he illegally obtained the land and accepted the cancellation which he strongly objected to in his defense before Karuhanga.

    In his defense, Ham, through his lawyers led by Fred Muwema contended that he is the owner of the land after he legally obtained it from Wakiso district land board.

    He claimed that the survey report which Kabaka Mutebi based on to argue his case is fake since it is not even dated and that’s the reason why he appointed a private surveyor William Matovu to conduct another survey report which contradicted with that of the Kabaka. He promised to present it to the registrar.

    He pleaded to the registrar not to base on the testimony of Bashir Kizito Juma, the legal Attorney to Kabaka because he has a conflict of interest in the matter.

    “Our contention is that there is an actual conflict of interest in the duties of Bashir Kizito Juma acting both as a public officer and a private officer of the complainant,” Ham’s lawyers said.

    They added, “This type of conduct by Bashir Kizito Juma is against the Code of Conduct and Ethics of Public Service issued under the Public Standing Orders 2010.”

    They divulged that conflict of interest is a punishable crime in Uganda especially where a public officer holds a position in a private body whose operations are in conflict with his official duties.

    He added that the irony of the matter is that the freehold titles were granted by the Wakiso District Land, which employs Bashir Kizito Juma which means that he is both a witness and the architect of the complaint.

    “This tribunal can therefore not entertain this conflict of public officers to pursue a conflicted complaint which derogates all best practice in public law. In our considered view, entertaining this complaint as presently filed is to perpetuate illegality and a constitutionally prohibited act,” they stated.

    Ham pleaded with Karuhanga’s tribunal to dismiss the complaint and declare him the rightful owner of the said land.

    Bashir Kizito Juma is the head Corporate affairs, operations and business development at Buganda Land Board (BLB), a corporate body that runs the kingdom’s land.

    Karuhanga is set to declare his team’s decision this week.

     

    By Sengooba Alirabaki

    Comments

    Continue Reading

    NATIONAL

    Dr. Musenero’s Troubles Escalate As Parliament Gives IGG Three Months Ultimatum To Investigate Her Over Alleged Mismanagement Of Covid-19 Funds…

    Published

    on

    IGG Betty Kamya (R) and Minister Musenero (L)

    Parliament has given the Inspector General of Government (IGG), Beti Kamya three months to carry out further investigations into allegations of financial mismanagement against the Minister of Science, Technology and Innovation, Dr. Monica Musenero.

    “We have agreed as a House that there are some burning issues such as abuse of office, money that has been lost, that we refer this and give the IGG three months to report back on the action taken,” Speaker Anita Among said yesterday.

    The resolution was reached during a plenary session when the parliament adopted amendments from the select committee report tabled on May 11 that was first tasked to investigate the alleged mismanagement of Covid-19 funds.

    According to the report, there were gross irregularities, including Shs. 2.6b that was unaccounted for that is why members recommended for the disbandment of the Presidential Scientific Initiative on Epidemics (PRESIDE) and that Dr. Musenero be personally held accountable for the alleged mismanagement.

    Kazo County Member of Parliament, Dan Kimosho who moved the motion to amend the report has thus called upon Dr. Musenero to step down from her office as investigations into her case continue.

    In response, however, Dr. Musenero who has since denied all the allegations told parliament that “If there is in any way, in my work and in the way I handled things, offended anybody, I regret those things and I will work to build a reputation and to build the science.”

    “The report refers to money which was lost but that money never left the Ministry of Science to go to PRESIDE scientists, because PRESIDE itself didn’t receive any money. There was no money lost and Musenero never touched any money.

    “Now, when you go to a technical institution like IGG, which is okay because we will sit and analyze the evidence. I am happy with the recommendations of the committee report, although they have some things which were not very accurate. We shall be telling the public what those facts are,”  Dr. Musenero added.

    Since last year, Dr. Musenero has been reporting to the committee to respond to a wide range of issues linked to the development of the Covid-19 drug of which the project is registering significant progress.

    President Museveni on several occasions publicly applauded Dr. Musenero with a vote warning all her perceived detractors that he would die with them should they continue attacking “his scientists.”

    Museveni recently even cautioned that the unwarranted fights would derail the projects of developing numerous virus vaccines.

    The President on many occasions has said that Uganda is likely to be the first African country to develop a Covid-19 vaccine.

     

    By Kobusiinge Monica

    Comments

    Continue Reading

    NATIONAL

    End Of Operation Shujaa: UPDF To Withdraw Troops From DR Congo In Two Weeks Unless M7 And Tshisekedi Agree On Extension…

    Published

    on

    Commander Operation Shujaa, Maj. Gen. Kayanja Muhanga (with walking stick) in DRC

    The Commander of Land Forces Lt. Gen. Muhoozi Kainerugaba has announced that Uganda will remove its troops from the neighbouring Democratic Republic of Congo (DRC) in two weeks after months of massive fights and bombings in a fight against the Allied Democratic Forces (ADF) terrorists.

    According to Lt. Gen. Muhoozi, Operation Shujaa will officially cease in about two weeks.

    “Operation Shujaa will officially cease in about two weeks according to our original agreement. It was supposed to last for 6 months. Unless I get further instructions from our Commander in Chief or CDF, I will withdraw all our troops from DRC in two weeks,” Lt. Gen. Kainerugaba revealed on Tuesday.

    Muhoozi however added that Operation Shujaa will only continue if President Museveni and President Tshisekedi agree to extend it.

    “To be clear Operation Shujaa will continue even for another 6 months if the two Presidents, Kaguta Museveni and H.E. Tshisekedi decide to extend it. The two of them are the ultimate authorities. The Joint Forces of UPDF and FARDC are happy to keep eliminating ADF,” he added.

    Under the command of Maj. Gen. Kayanja Muhanga, Uganda Peoples Defence Forces (UPDF) in November last year launched an operation code-named operation Shujaa with air, artillery and ground attacks against ADF rebels in eastern DR Congo in a move to eliminate the Islamist militants who had allegedly launched terror attacks on Uganda.

    Maj. Gen. Kayanja Muhanga, celebrating Women’s Day with Congolese women in Kainama trading centre.

    The ADF has for several years operated in the volatile North Kivu which borders other provinces including Ituri to the north and South Kivu to the South and has been a battleground for a number of rival armed ethnic groups since 1998.

    The province consists of three cities including; Goma, Butembo and Beni as well as six territories Beni, Lubero, Masisi, and Rutshuru.

    According to the Centre for Strategic and International Studies, the ADF which was designated as a terrorist group by the US government has used the name Madina at Tauheed Wau Mujahedeen (City of Monotheism and Holy Warriors (MTM) to refer to emphasize its links to the Islamic State.

    In 2019, the Islamic State claimed responsibility for an ADF attack and first referenced a “Central Africa Province.”

    The organization is allegedly led by Musa Baluku, who served as a senior ADF Islamic legal official before consolidating power following Mukulu’s arrest in 2015.

    The group has been blamed for last year’s bomb attacks in Kampala which killed over seven people and left others with severe injuries.

    Following the launch of an operation against the group in the thick DRC forests by a joint force of the UPDF and Armed Forces of the Democratic Republic of the Congo (FADRC), the ADF rebels were said to have fled their hideouts and were roaming in the thick jungles after their lives were made difficult.

    Consequently, the group has been carrying out attacks on several villages and towns where they know the joint forces are not present and looting food and animals.

     

    By Kobusiinge Monica

    Comments

    Continue Reading

    like us

    TRENDING