Land inquiry clarifies on the "mailo" title issue

The Land Inquiry has clarified that it has not recommended for the abolition of the mailo land tenure system as reported by Daily Monitor on February 20.

The Mailo land tenure system is very prevalent in Buganda sub region and after the reports, the kingdom reacted harshly.

In a statement issued yesterday, the Justice Catherine Bamugemereire led commission noted that their recommendations had been misrepresented in sections of the media.

"The commission has not recommended the abolition of ownership rights currently represented by Mailo land tenure. Mailo land is a form of freehold in Buganda and some parts of Bunyoro, with some peculiar historical characteristics which the commission recognises. There are other forms of freehold available in Buganda and other parts of Uganda."

The statement signed by Erbert Byenkya, the lead counsel, says that what the commission recommended is that efforts be made to fuse, overtime, these parallel freehold type systems into a single tenure to introduce clarity and cohesion.

The statement also notes that the inquiry noticed that there are contradictions caused by occupancy rights that frequently affect Mailo tenure.

"These contradictions include separation of rights of ownership from occupancy that has led to difficulties in the smooth operation of the Mailo tenure system," notes the statement.

To achieve this, the commission recommended mechanisms including the restructuring and strengthening of the Land Fund and through provision for appropriate compensations to either the landlords or tenants, depending on their agreement.