Connect with us

    OPINION: Orders Of Eviction And Trespass Against Kibanja Occupants Are Constitutionally Null And Void – Minister Mayanja…



    Minister Sam Mayanja

    The rights of a kibanja holder are stipulated under Article 237 (8) of the Constitution to enjoy “security of occupancy”.

    The constitution further provides that the land on which the bibanja holders enjoy that security sits on tenancies of “mailo land, freehold or leasehold land”.

    This security of occupancy is to continue until Parliament fulfils its obligation under article 237 (9) (b) to enact a law that provides for the bibanja holders to acquire registrable interest in the land over which they are in occupancy or possession.

    According to Article 237 (1) land belongs to the citizens and vests in them in accordance with the tenure systems constitutionally provided for. Article 237 (3) provides for four tenures namely; customary, freehold, mailo, and leasehold. Under Article 237 (8) bibanja holders have security of occupancy on; mailo, freehold or leasehold.

    The two tenures namely; mailo and freehold are all ownership in perpetuity. Customary tenure under 237 (4) (b) is constitutionally liable to be converted to freehold and therefore has ownership in perpetuity. Leasehold tenure under Article 237 (5) is also constitutionally liable to be converted into freehold.

    Under Article 21 all Ugandans are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and are entitled to enjoy equal protection of the law. The registrable right therefore envisaged under Article 237 (9) (b) to be acquired by the kibanja holder is a tenancy interest under Article 237 (1) and (3) of the constitution and must be a free hold tenancy created from the land on which they are occupying or in possession and to which the Constitution give them security of occupancy under article 237 (8).

    This constitutional scheme of things means that Ugandans should have one tenure system- the freehold. The bibanja holders shall obtain their freehold titles through a legal surgery curving the freehold title to which they are in occupation or possession under article 237 (8).

    Article 2 of the constitution provides that the constitution is the supreme law of Uganda and has binding force on all authorities and persons throughout Uganda. The Constitution prevails against any law or custom inconsistent with it and any such custom or law is declared null and void to the extent of the inconsistency.

    Constitutionally therefore, any Court order evicting a kibanja holder who by Article 237 (8) is guaranteed security of occupancy is null and void as it is inconsistent with the security of the kibanja occupancy provisions. Such court order would also render nugatory the provisions of Article 237 (9) (b) for a kibanja holder to acquire registrable interest.

    Equally unconstitutional is an order of trespass against a kibanja holder. It is his or her property under Article 26 to which under Article 237 (8) he enjoys security of occupancy. No one can be a trespasser on his or her owner’s property!

    In addition any law, be it the Land Act 1998 and any amendments thereto or any other law which has a provision which limits or touches on limiting the security of occupancy of a kibanja holder or his right of enjoying that property in equal measure as other citizen of Uganda, is null and void to the extent that it delegates away the constitutional rights of a kibanja holder. That law cannot sustain an action either in eviction or trespass.

    Actually the real owner of the land is the Kibanja occupant. He is in possession. In the road construction projects he is the project affected person (PAP) who is compensated 70% of the value of the affected land. The title holder’s interest is considered at 30%. The same consideration applies in cases where the government compensates the land owners under compulsory land acquisition. The title holder is paid 30% and the Kibanja occupant is paid 70%.

    So even under this scheme of things no eviction can lay against a kibanja occupant whose ownership is far higher than the title holder. Judicial authority is moreover on record asserting that any land title obtained to defeat the unregistered interest is a nullity. Which stands to reason that all titles obtained on land occupied by bibanja or other unregistered interest are a nullity and unconstitutional.

    It is within this constitutional scheme of things that the directive of His Excellency the President banning all land evictions against bibanja holders or other unregistered interest in land throughout the Country, must be applauded. Any eviction or trespass charge, preferred or ordered by any person or authority is unconstitutional and a nullity. All institutions of Government, executive, legislature and Judiciary are enjoined to work in unison to ensure that no single eviction of any citizen of Uganda ever happens again in our Republic. His Excellency’s directive amplified the words of that great American President Abraham Lincoln: “Governments are instituted among men to defend these rights”.


    Dr. Sam Mayanja

    Minister of State for Lands



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



    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


    Continue Reading


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



    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


    Continue Reading


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



    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


    Continue Reading

    like us