Absence of title is at the root of tenure insecurity and was responsible for the near grinding to a halt of the colonial economy when the bibanja holders refused to grow cash crops until the security of tenure on the land they occupied was guaranteed.

The colonial administration in a report to the secretary of state for colonies stated that the boycott by the bibanja holders had engineered rural unrest and discontent which undermined the production of export crops and diminished the colonial state’s revenue.

Succumbing to the boycott pressure, the colonial administration put in place the Busulu and Envujo Law enacted in 1928. The law assured bibanja holders security in the occupation of their plots and freed them from the fear of arbitrary eviction.

In a study published in 1953 Mukwaya showed that in over 400 land cases he examined, there was no case of illegal evictions. All the cases involved, inter alia, minor boundary disputes and succession related issues. He posited that: “it is rare for courts to grant orders of eviction against tenants who fail to pay busulu or envujo. Any dues in arrears are legally considered civil debts, which are recoverable in the usual manner”.

This security of tenure which continued into the 1960s and early 1970s created an enabling atmosphere leading to a production boom and eventually an economic boom which secured Uganda a placing among the World’s top 10 producers of quality coffee, cotton and other produce.  The Coffee Marketing Board, Lint Marketing Board and Produce Marketing Board were put in place to handle the marketing of the boom production.

Unfortunately the 1975 Land Reform Decree abolished the security of tenure of bibanja holders rendering them mere tenants at sufferance back to the pre-1928 tenure insecurity status.

This was the position of law when the 1995 constitution was enacted. Unfortunately the constitution only provided for security of occupancy in Article 237 (8) for bibanja holders and left the issue of titling to the Parliament which under Article 237 (9) was to do this within 2years of its first sitting.

Unfortunately the legislation to be enacted by Parliament within 2years after its first sitting as envisaged under Article 237 (9) was never actualized. The 1998 Land Act was not the legislation that the constitution envisaged.

The background to the envisaged law is Article 237 (1) which provides that land belongs to the citizens of Uganda and vests in them in accordance with the land tenure systems provided for in the constitution.

Article 237 (3) provides four tenure systems namely; customary, freehold, mailo, and leasehold. When Article 237 (4) and (5) is analyzed, they all end up as freehold.

Tenures freehold and mailo are already freehold. These tenures are the registrable interest in land. Under section 237 (9) (b) Parliament was to make law providing for the acquisition of registrable interest as title by bibanja holders. This registrable interest would be freehold title since all the four tenures in Article 237 (3) end up as freehold.

Failure to enact this law leaves bibanja holders without any land vesting into them as per Article 237 (1) of the constitution thus constitutionally discriminated against other Ugandans who are titled.

There was no reason for Parliament not to have enacted a law providing bibanja holders with titles. There was already a precedent for this when the 1967 constitution transferred public land from federal and District Boards as previously prescribed in the 1962 constitution to the Uganda Land Commission. In that case the 1969 Public Lands Act operationalizing the 1967 Constitutional granted customary occupants (bibanja) a right to a leasehold title over the land they occupied.

Consequently Parliament would have found guidance in the 1969 Public Lands Act and provided for the kibanja occupants to be granted a legal title to their plots. The kibanja holder would have his kibanja converted to a freehold title.

It cannot be over emphasized that the 1969 Public Land Act provided a good starting point where an occupancy holding was converted directly from customary tenure to leasehold title. Therefore the mandate of Parliament under Article 237 (9) to enact a law providing for the acquisition of registrable interest to the bibanja they occupied was clearly practical and not without precedent. Moreover Article 237 (5) and section 28 of the Land Act 1998 allows for the customary leases converted and granted to a citizen of Uganda out of public land to be turned into freehold.

Delay to enact a law giving bibanja holders titles is at the root of the systematic risk associated with tenure insecurity in the Uganda land market. Ugandans who are owners of untitled bibanja in the same location cannot sell for the same amount like their fellow Ugandans who are in the same location but titled. This creates a state of disequilibrium among Ugandans.

Failure to get rid of the untitled bibanja insecurity is a trap on the road to Uganda’s development. The answer is a single freehold titled tenure security for all Ugandans in perpetuity.

Dr. Sam Mayanja

Smayanja@kaa.co.ug

www.kaa.co.ug

Maverick Mukono Municipality legislator who also doubles as the opposition Internal Affairs Shadow minister Betty Nambooze Bakireke and controversial senior presidential advisor on media Joseph Tamale Mirundi have placed Matia Kasaija the senior minister of Finance, Planning and Economic Development and his experts who include the Secretary to Treasury Ramathan Ggobi on spot to explain why they have allocated Shs1.8bn in the coming financial year 2024-25 to Chief Justice Alfonse Owiny-Dollo, Shs.1.4bn to his Deputy Richard Butera and Shs1.2bn to the Principal Judge Dr. Flavian Zeija as donations.

Both celebrated veteran journalists revealed that Ugandans are spending a lot of money on Chief Justice Dollo and other Judicial Officers to the extent that even in retirement they are going to look after them by paying them the full salary equal to that of those still serving in their respective offices, pay for their medical bills and other juicy allowances; and as if that is not enough, they are now adding another burden of giving them billions of shillings as donations.

“Will Dollo and those Judicial Officers donate the billions of money allocated to him by Kasaija to clerks in the judiciary or his security team? Ugandans are tired of this luxurious spending. Now traders in Kampala city, the heart of the economy, are on strike because of the high taxes but government officials are still squeezing them,” Nambooze said.

She further disclosed that Shs2.4bn was allocated to the Parliamentary Commission and predicted that other parliamentary commissioners are going to also receive Service Awards similar to that of former Leader of Opposition in Parliament Mathias Mpuuga Nsamba who was given Shs500m.

When Lwemiyaga county legislator Theodore Ssekikubo tried to table the matter on the floor of parliament this week, Speaker Among blasted him for speaking nonsense.

However, Speaker Among was defended by Mirundi who noted that she should not be harassed because most government officials are given billions of money to be spend as donations.

In his alternative budget 2024-25, shadow minister for Finance, Planning and Economic Development who also doubles as Kira Municipality legislator Ibrahim Ssemujju Nganda said that the government has budgeted for Shs162bn as donations in the 2024/25 budget.

He explained that more than half of the said money is under the residence of the President who will spend Shs77bn on community outreach programmes under the vote of item (description) donation.

His residence will donate another Shs59bn in what is termed as presidential initiatives bringing the total donations at his residence to Shs138bn.

Ssemujju said Museveni will spend Shs.4.2bn under his office on donations.

Ssemujju’s alternative budget also revealed that Chris Obore, parliament’s Director for Public Relations, will spend Shs 4.9bn in donations.

Prime Minister Robinah Nabbanja’s office will spend Shs 3.7bn as donation.

The Office of the Speaker of Parliament will spend Shs2.4bn and her deputy Thomas Tayebwa will spend Shs 1.8bn in donations.

The government chief whip Obua Denis’s office will spend Shs1.8bn.

Presidential Office for Mobilization and Security Services which is responsible for supervision and monitoring of field offices allocated with Shs4.2bn, Parliamentary Commission Office of the Speaker Administrative and support services Shs2.4bn, National Council of Sports Sports/Technical Talent Identification and Development was allocated with Shs2.2bn for donation.

The office of the Prime Minister Executive Governance Government Chief Whip Shs1.8bn, Parliamentary Commission Office of the Deputy Speaker Administrative and Support Services Shs1.8bn, Justice Kasule Lumumba’s Office of the Prime Minister Executive Governance General Duties was given Shs9.5bn for donation.

Vice president Jessica Alupo’s Office was given Shs7.1bn, Uganda Blood Transfusion Service Blood Donation Blood Collection was given Shs535,186,000.00, Parliamentary Commission Parliamentary Commission Secretariat Leadership and Management Shs4.8bn, Gen. Moses Ali’s Office of the Prime Minister Executive Governance 2nd Deputy Prime Minister  was given Shs200,000,000, Judiciary Chambers of the Chief Justice Dollo’s Leadership and Management was given Shs1.8bn,  Rebecca Alitwala Kadaga’s Office of the Prime Minister Executive Governance 1st Deputy Prime Minister Shs1.5bn.

Rukia Nakadama’s Office of the Prime Minister Executive Governance 3rd Deputy Prime Minister Shs1.5bn.

Justice Butera’s Judiciary Chambers of the Deputy Chief Justice Leadership and Management given Shs1.4bn.

Dr. Dorothy Kisaka’s Kampala Capital City Authority (KCCA) Administration and Human Resource Administrative and Support Services allocated Shs1.2bn.

Principal Judge Dr Zeija ‘s Judiciary Chambers of the Principal Judge Leadership and Management given Shs1.2bn.

The newly reappointed Prisons Commissioner General Dr. Johnson Byabashaija’s Uganda Prisons Service Finance and Administration Leadership and Management was given Shs95,000,000, Uganda Tourism Board (UTB) Planning, Monitoring and Evaluation Tourism Research Shs.63,000,000, National Population Council Family Health Reproductive and Infant Health Services Shs58,000,000, National Lotteries and Gaming Regulatory Board Research and Planning Research and Advocacy Shs50,000,000.

Again Kadaga’s Ministry of East African Community Affairs Finance and Administration Administrative and Support Services given Shs40,000,000, Maj. Gen. Geoffrey Kastgazi Tumusiime’s police Force Command and Control Strategic Command and Policy Guidance Shs35,709,195, Uganda Management Corporate Office Administrative and Shs30,043,000.

Again Kisaka’s Institute Support Services Kampala Capital City Authority (KCCA) Executive support Administrative and Support Services was given Shs.25,000,000.00m, Inspectorate of Government (IG) Finance and Administration Support services Shs.20,800,000, Uganda Registration Services Bureau (URSB) Finance and Administration Communication and Public Relations Shs.19,000,000, National Forestry Authority (NFA) Natural Forests Management Central Forest Reserves Management Shs.18,000,000, National Forestry Authority (NFA) Finance Administration Administrative and Support Services Shs12,000,000.

Kampala Central mayor Salim Uhuru’s Kampala Capital City Authority (KCCA) Central Division Urban Council Policies, Regulations and Standards Shs.11,610,833. National Unity Platform’s Emmanuel Sserunjogi’s Kawempe Division Urban Council Policies, Regulations and Standards Shs 11,610,833.

Mberaze’s Lubaga Division Urban Council Policies, Regulations and Standards Shs11,610,833.

NUP’s Ali Kasirye Mulyanyama’s Makindye Division Urban Council Policies, Regulations and Standards Shs11,610,833 and NUP’s Paul Mugambe’s Nakawa Division Urban Council Policies, Regulations and Standards Shs11,610,833.

Kampala Capital City Authority (KCCA) Central Division Urban Council Planning and Budgeting services Shs10,000,000. Kampala Capital City Authority (KCCA) Kawempe Division Urban Council Planning and Budgeting services was given Shs.1,000,000.

Kampala Capital City Authority (KCCA) Lubaga Division Urban Council Planning and Budgeting services Shs.10,000,000, Kampala Capital City Authority (KCCA) Makindye Division Urban Council Planning and Budgeting services Shs.10,000,000.

Kampala Capital City Authority (KCCA) Nakawa Division Urban Council Planning and Budgeting services Shs.10, 000,000, Mountains of the Moon University Vice Chancellors Office Leadership and Management Shs 10,000,000, Makerere University Central Administration Administrative and Support Services Shs9,999,992 among others.

According to Ssemujju, President Museveni’s government is set to spend a total of Shs.162,682,961,045 only on donations.

However, when contacted, Kasaija rubbished Ssemujju’s budget explaining that he lacks capability to plan for Uganda.

He advised him to only help him and President Museveni by exposing government officials who are involved in corruption and are eating taxpayers’ money allocated to their offices for service delivery to the common person deep in the village.

By Sengooba Alirabaki

Omutaka Ssalongo Augustine Kizito Mutumba the head of Kkobe clan who also doubles as the Speaker of Buganda Kingdom clan heads council is in huge trouble over the accusation of shielding Kingdom officials cited in the gruesome assassination of Ndiga (sheep) clan head Eng. Daniel Bbosa Lwomwa.

Highly placed sources in the clan heads Council have told theGrapevine that a section of clan heads have already placed Mutumba on notice and threatened to file a complaint with Brig. Gen. Christopher Ddamulira Sserunjogi’s Commandant of Police’s Directorate of Crime Intelligence and Maj. Dr. Tom Magambo’s Commandant of Police’s Criminal Investigation Department (CID) who are leading the investigations concerning Bossa’s assassination accusing him of obstructing justice.

One of the clan heads said that they passed a resolution in their meeting directing their council executive chaired by Mutumba to write to Ronald Muwenda Mutebi the Kabaka of Buganda asking for an emergency meeting with them to privately discuss the matters concerning Bossa’s assassination so that he can guide them on the way forward but he intentionally refused to execute the directive.

This clan head explained that they wanted to meet Kabaka Mutebi to reveal to him their fears which if not handled carefully could lead to their death since a number of people who they are complaining against are untouchables in Buganda Kingdom administration.

“We gave him together with his executive committee two weeks to write to Kabaka and he was supposed to brief us on the developments during last month’s meeting but when we tried to remind him, he just told us to be patient. He explained that our issue is being handled properly and asked us to first welcome Omuttaka Eria Lwasi Buzaabo the new Ndiga clan head to the council which we did. Since then, he has not responded to us whether via our WhatsApp group or in any other form,” a clan head said.

He added that they wanted to report to Kabaka Mutebi how Mengo administration under the leadership of Premier Charles Peter Mayiga are using Kingdom cultural court (Kkooti ya kisekwa) to harass and torment them.

He added that there is a lot of corruption in Kisekwa kkooti. He narrated how members sitting on it use their clerks like a one Milly Naluwenda to intimidate them and solicit for bribe from them as a condition to help them win cases slapped on them on grounds that they are not legally the heads their clans.

Naluwenda is among the five suspects were who joined Noah Derrick Lugya who is suspected to have pulled the trigger during the killing of Lwomwa.  They were charged and remanded to Luzira prison.

The suspected master planner of the entire assassination Tabula Bossa Lugya is on run and is expected to be hiding in the think forests on lake Victoria shores in Kalangala island. Police has already placed a Shs20m bounty on his head as a reward to any person who will help them to arrest him so that he is charged in courts of law.

As the fight to arrest Tabula continues, clan heads led by those who are battling with cases before Kisekwa kkooti include: Ffumbe clan head, Nsenene clan, Ngabi clan, Nkima clan, Enyonyi Nakisinge, Mamba and others. The clan heads also want to get an explanation from Kabaka himself why the appeals made before him as the Supreme court when it comes to cultural issues in Buganda are delaying.

He added that chances were there to meet Kabaka before he traveled abroad in March because he spent a lot of time in his Mengo palace meeting a number of people.

However, when contacted, Mutumba denied having any knowledge concerning the said resolution to write a letter to Kabaka.

He explained that the matter they wanted to drag him into is criminal in nature and is still under investigation.

“All of us were hurt by our colleague’s assassination but we should not use his death to solve our problems and grievances. Let them show you the minutes which we based on to pass such a resolution,” Mutumba said.

He asked his colleagues to be patient, noting that the Kabaka will meet them at the right time.

He added that they cannot force the king to meet them because he knows whatever is going on in their council given that minutes and resolutions for every meeting are always given to him.

It should be noted that Mayiga reported to Kabaka’s subject that their King is out of the country. He traveled to Europe to see his medical doctors.

Sources divulged that the Kabaka is expected into the country in May and it is the reason why he is not going to attend his birthday party on 15^th of May 2024. Kabaka also missed his 69^th birthday run last week and was represented by his sister Agnes Nabaloga Lubuga.

Since 2019, Kabaka Mutebi has been receiving treatment abroad and highly placed sources claim that he is suffering from cancer even though Mayiga informed his subject that he is suffering from Allergy.

By Hadijjah Namagembe