Minister Mayanja halts canceling of titles issued on scouts land

The State Minister for Lands, Sam Mayanja has issued an order halting the  cancellation of subdivisions, certificates of title and subleases which had been created on the scouts land at Kaazi in Wakiso district.

The acting commissioner of land  registration, Baker Mugaino last  month  cancelled them on grounds that they were created in an error.

The said land is comprised in LRV 1693 Folio 5 Kyadondo block 273 plot 5 at Kaazi but  had been subdivided into plots 25038, 25039, 25040, 25041, 25042, 25043 and 25044.

Mugaino said the Uganda Land Commission (ULC) that gave consent to the transactions was not the lessor, rendering all the dealings on the land legal.

The ruling by Mugaino came on the backdrop of a July, 15, 2024 request by Minister Mayanja to the State House Anti Corruption Unit to take over investigations which at that time were being handled by Mugaino.

The minister had directed that Mugaino works with the State House Anti Corruption Unit.

However, in a September, 11 letter to the State House Anti Corruption Unit head, Brig Henry Isoke, the minister says he was surprised to learn that the Commissioner of Land Registration had pre-empted the report of  investigations and went ahead to cancel all the subdivisions and certificates of title and subleases which had been created on the said.

He said this decision was made on grounds that the title was created without consulting and seeking consent of the title holder who in his view is the Kabaka of Buganda, who had obtained the title pursuant to the provisions of the Traditional Rulers (Restitution Assets and Properties) Act 1993 Cap 247.

Mayanja says this was wrong.

He explains that he had reasons for asking for the State House Anti Corruption Unit to investigate the matter.

“The property in issue had to be within the ambit of the Traditional Rulers (Restitution Assets and Properties) Act 1993 Cap 247. The above quoted 1993 Act only concerned properties which were confiscated by Government from the Traditional Rulers under the 1967 constitution. The 1962 constitution, had placed the Administration of Public Land in Uganda pursuant to Article 118 of that Constitution under three public entitles. For the whole of Uganda, the Uganda Land Commission, for each federal state or Kingdom, a federal Board, and for Districts, a District Land Board,”Mayanja says.

He explains that a contention held by several schools of thought that public land was never confiscated from traditional rulers by the 1967 constitution because it was public land and never belonged to traditional rulers.

“Given the situation above, it was my firm belief that it was important that the matter of how the land title at Kaazi came under the proprietorship of the Kabaka be investigated by your office and not the narrow officer in the name of acting Commissioner of Land Registration. The matter has wider national implication.”

The minister explains that the investigation will  help explain the controversy on public land managed by private individuals or private companies

“It will be illegal to transfer such land to a private individual like Kabaka or company like Buganda Land Board Limited. Accordingly given this controversy I preferred a wider investigation by your office, to a narrow line by the acting Commissioner Land Registration.”

Mayanja said the 1967 constitution didn’t confiscate mailo land and therefore the 1993 Act cannot apply to it.

He explained that  in this context, he sees no law in which the Kabaka got a title over Kaazi land which was a mailo tenure.

“ This needs a wide investigation not the narrow approach taken by the acting Commissioner Land Registration.”

Mayanja said the investigation by the acting commissioner land registration was narrow and left out many issues, which necessitated  the State House Anti Corruption to handle.

“In view of the lack of depth in the investigation by the acting Commissioner Land Registration which led to him into issuing directives under section 91 of the Land Act, cannot stand because of the various omissions I have indicated above.”

He requested Gen Isoke to continue with investigations , but also directed the acting commissioner to turn over all the documents concerning this matter in his possession to the State House Anti Corruption Unit.

“After the completion of your investigations, the tool of government under alternative dispute resolution mechanism set out in section 91 of the Land Act, will be used to conclusively resolve the matter, from a position of knowledge, information, and clarity of law.”

He consequently directed the acting commissioner to withdraw his amendment order unconditionally.