THE LAND (AMENDMENT) BILL,

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1 THE PARLIAMENT OF UGANDA OF THE JOINT COMMITTEES OF PHYSICAL INFRASTRUCTURE, AND PARLIAMENTARY AFFAIRS THE LAND (AMENDMENT) BILL, THE PARLIAMENT OF PARLIAMENT HOUSE KAMPALA November 2008

2 The Land (Amendment) Bill, 2007 was read for the first time on 5 th February 2008 and referred to the Committees of Physical Infrastructure and Legal and Parliamentary Affairs for consideration, In accordance with Rules No. 116 and 133(a) of the Rules of Procedure of Parliament, the joint Committee considered the Bill and wishes to report to this august House. This land (amendment) Bill 2007 tries to address one of the current biggest land problems which are evictions and this has attracted public attention where some critics view it as a government scheme to steal peoples land while government insists that the intension of the Bill is to protect helpless lawful, bona fide and customary occupants of land who face incessant evictions everyday. Article 237 of the 1995 Constitution vests land to the citizens of Uganda and it specifies four systems of land holding; customary, leasehold, mailo, and freehold. Under article 237(9), the constitution directed Parliament to enact a law regulating the relationship between land owners and bonafide/lawful occupants. Parliament then enacted the 1998 land Act. Despite this law that regulates the relationship between tenants and the registered owner, have rampant.

3 In the height of the rampant evictions and the legal gaps, the only option left to handle the evictions is to amend the existing law by inserting the provisions that can address the problem. 2.0 of the Bill The principle objectives of the Bill are: - (a) To amend the Land Act, Cap.227 to enhance the security of occupancy of lawful and, bona fide occupants on registered land; (b) To regulate and define the relationship between lawful and bona fide occupants and registered owners of land; and (c) To enhance the protection of lawful and bona fide occupants and occupants on customary land from wide spread evictions from land without due regard to their land rights as conferred by the Constitution and the Land Act. 3.0 Methodology The Committee held meetings and received memoranda from the following stakeholders: - 1. Ministry of Lands, Housing and Urban Development 2. Ministry of Justice and Constitutional Affairs 3. The Uganda Bankers Association 4. The Uganda Law Reform Commission 5. The Uganda Law Society 6. The Uganda Land Alliance 7. Mr. Peter Mulira, Advocate

4 8. The Uganda Human Rights Commission 9. The Buganda Kingdom 10. The Uganda Joint Christian Council 11. Hon. Amanya Mushega 12. The Conservative Party 13. Bahima Barondagane *j 14. Batooro Community resident in Kampala, Entebbe and Jinja 15. Ms Nakayi <j The Committee received other written submissions from several other stakeholders. With the support of USAID-Strengthening Democratic Linkages project, the Committee conducted a countrywide consultative exercise to solicit views on the Bill. The Committee specifically conducted visits to Masaka, Mpigi, Kayunga, Mubende, Kiboga, Mukono, Arua, Koboko, Adjumani, Nebbi, Moroto, Kotido, Mbarara, Kibaale, Fort Portal, Masindi, Kabale, Soroti, Kapchorwa, Iganga, Tororo, and Mbale. The Committee made reference to the following documents: - (a) The 1995 Constitution of the Republic of Uganda (b) The Constitution of the Republic of Uganda (As amended in 2006) (c) The Land Act, 1998 (d) The Land (Amendment) Act, 2004 (e) The 1975 Land Decree (f) The 1928 Busuulu and Envujjo Law (g) The Registration of Titles Act, Cap.230 (h) The Forum for Promoting Democratic Constitutionalism

5 Observations The Committee observes that: - «No sufficient consultations were done to precede the drafting of the Bill. This was evidenced from the public outcry and criticisms of the proposed law. To correct this, government through the Ministry of Lands, Housing and Urban Development did the following: 1. Conducted country wide sensitization meetings in all regions of Uganda. 2. Government put in place parallel institutional arrangements, to conduct consultative exercises on the Bill. For instance, the Presidential Task Force on the Land (Amendment) Bill, Government submitted new amendments on the land Act (amendment) Bill This arose out of the public outcry and consultations made by the Minister. These new amendments were accepted and considered by the Committee. A copy is herewith attached on this report. The land (amendment) Bill comes in as a stop gap measure due to public outcry on land grabbing, forceful evictions and grave associated crimes as we wait for the National land policy which the Ministry has started on. «The 1998 Principal Act and the 2004 amendment Act have several provisions which were not operationalised for several reasons. Stakeholders expressed concern about enacting another amendment law, which shall serve no purpose, but

6 rather lay archived in shelves. However, ministry of lands assured the Committee that this time funds will be availed to operationalise the principal act and the attendant act. The Bill introduces amicable relationship between landowners, lawful and - bona fide occupants, user and occupancy rights. Whereas the Bill emphasises security of occupancy of the lawful and bona fide occupants, it talks less on the entitlements, rights and freedoms of land owners. The Bill attempts to codify and legislate on matters pertaining to customary land tenure system. Presently, most matters relating to customary land are governed by the traditional norms, beliefs and practices,, specific to a cultural group. There is currently no policy on land in Uganda. The Committee raised this matter with the Ministry. The Committee was assured by the Minister that there is a draft National land policy which is in advanced stages and consultations are about to be completed. Many evictions have already been carried out; if this law is enacted at this time and cannot operate retrospectively, then many people will have suffered. Government should find a way of assisting people who were evicted before the enactment of this law, the same way the Departed Asians and Bona fide occupants were helped. The Committee urges Government to expedite the land policy and bring it to Parliament.

7 Government should avail adequate funds to the enforcement bodies and institutions. The Committee expressed reservations about the commitment of government in implementing this law the same way it failed to facilitate the implementation of the 1998 land Act. Government should even after passing this law continue with countrywide consultations on the land (amendment) Act and the attendant land policy. This shall alleviate the fears and anxieties that the public may develop on this legislation.» Government should set up the land fund to compensate all land owners in order to remove dual ownership and competing rights on the same piece of land (by both the tenants and land owners) Government should get involved in the surveying, demarcation and opening of boundaries of land in areas with land disputes other than leaving it in the liberalised sector (private surveyors). There is need to specify the courts that will be handling land matters in the Bill so that these cases are disposed off faster. Hon. Speaker, Hon. Members I beg to move.

8 THE PROPOSED AMENDMENTS TO THE (AMENDMENT) BILL, Clause 2 a) Amendment of 2 (a) (1) Clause 2 (a) (1) is amended by inserting immediately at the beginning of sub-clause (1) the expression "Subject to the provisions of other laws" Justification: to widen the provision. b) Transfer of clause 2 (a) (4) Clause 2 (4) is Deleted and transferred to Clause 4 Justification: For ease of reference and uniformity with the Principal Act (Land Act) c) Renumbering sub- clause" (5)" Sub-clause 5 is renumbered as sub clause (4) Justification: For logical arrangement of the entire clause. d) Insertion of a new sub- clause "(5)" Clause 2 is amended by inserting a new sub - clause immediately after sub- clause 4 to read as follows; "For purposes of this section, the word Court shall mean a court presided over by the Magistrate Grade 1 or Chief Magistrate as the case may be, and reference to the Land Tribunal in the Principal Act and the Amendments thereto shall be interpreted accordingly" Justification: The word court is not defined in the Principal Act.

9 (e) Amendment of Clause 2 (b)(3) Sub clause (3) is amended by deleting words "a group of persons" appearing in lines one and two, and substituting them with the word "family" Justification: For clarity and to avoid repetition. a) Paragraph (a) of Clause 3 is deleted and transferred to clause 4 Justification: For ease of reference and uniformity. b) Paragraph (b) of clause 3 is amended by deleting the words "and the Commissioner shall not make any entry on the certificate of title in respect of that transaction" appearing in lines two, three and four. Justification: The words are redundant. 3. Clause 4 <.. '. : \, a) Clause 4 is amended by deleting the words, "by substituting for subsection (4) the following" appearing in lines one and two of the first paragraph after the marginal note. Insert a new provision, (a) immediately Sub-.Section (1) of Section 92 is amended by inserting a new provision immediately after subsection (1) paragraph (d) as follows;

10 "(e) attempts to evict, evicts, or participates in the eviction of a lawful or bonafide occupant from registered land without an order of eviction/ 7 Justification: For consistency and uniformity. Section 92 is amended by inserting immediately after subsection (5) the following:- "(5a) A person convicted of an offence specified in subsection (1) (e) is liable on conviction to imprisonment not exceeding seven years."