Apollo N. Makubuya
Dear Honourable Members,
I write further to Owek. Katikkiro’s letter to you on the Land (Amendment) Bill 2007 that is presently on the floor of Parliament.
The kingdom recognises the fact that there are many people suffering violent evictions from their homes and that ancestral grounds are being desecrated in gross violation of our cultural norms. However, we do not consider that the Bill addresses the twin evils of corruption and impunity, which are the root cause of the rampant evictions across the country. Rather than solving the problem, this Bill sows the seeds of many more problems in the future. It is bound to set communities against each other and further divide our people along social and economic lines. Instead of helping people to live together in harmony, the Bill will exaggerate latent fault lines in our society and foster hatred and violence that may take generations to resolve. You must be aware already of the unfortunate cases where some occupants have killed innocent landlords to protect their interests.
In our view, the solution to illegal evictions lies in the enforcement of the current laws and not in passing of new ones. There is nothing today that stops the Police or other security organ from arresting, detaining and prosecuting individuals that illegally evict occupants of land. The Constitution of Uganda Art. 237 (8) and the 1998 Land Act guarantee security of tenure of lawful and bona fide occupants. This position has been reconfirmed by the Supreme Court of Uganda in the cases of Kampala District Land Board vs National Housing and Construction Corporation CA no. 2 of 2004 and Kampala District Land Board vs Babweyaka and 3 others CA No. 2 2007. In view of this, it is clear that the Bill is superfluous.
The Bill compounds the problem of Buganda’s expropriated land including the 9,000Sq miles that remain in the hands of the state. By entrenching the rights of all sorts of occupants of that land and making it impossible to remove them, except for non payment of ground rent, the Bill in effect completely alienates the said land and renders any “negotiations” for its eventual return futile. This, plus the fact that bibanja holdings are found mainly in Buganda makes the Bill particularly problematic for Buganda. Yet there are no limits on the size of bibanja.
We also consider that the failure to fully operationalise the 1998 Land Act must be addressed. The Bill will not have any real effect if the Land Act itself is largely dysfunctional. Substituting the role of the district land boards for example, with the minister in charge of lands can not be a solution to the problem.
Thus, like many other groups and individuals in the country, the Kingdom of Buganda opposes the Bill and presented its views to the Physical Infrastructure and the Legal Committees on April 10, 2009. We highlighted the dangers that lurk within the Bill and proposed an ideal, “win-win”, solution to the problem of violent evictions founded on the uniform and strict enforcement of existing laws. Sadly, it would appear that the Committee did not give adequate consideration to this presentation.
Land affects all of us. We relate to it culturally, socially and economically. Land nurtures us, sustains us and ultimately entombs us when we pass on. This makes land rights a very sensitive issue that should not be unnecessarily politicised or decided upon in haste. I urge you to consult widely with your constituents and to search your conscience before making a decision. Please take note that your decision shall affect the cultural, social and economic wellbeing of millions of people in this generation and in generations to come. I trust that you understand the value and wisdom of broad consensus in matters such as this one – for it is consensus that bestows any law with legitimacy. This is truly a matter which calls for patriotism over partisanship or politics. Above all, take note that in casting your parliamentary vote, you stand before the Court of Posterity.
Honourable Member, the people of Buganda and Uganda count on your wisdom and integrity and trust that, together with your Honourable colleagues, you will handle this Bill objectively in order to engender peace, order, development and good governance in Uganda as prescribed by Article 79(1) of the Constitution.
I thank you for your kind attention.
Mr Makubuya is the Attorney General of Buganda Kingdom



