The State Minister for Lands, Sam Mayanja has insisted that the titles owned by the Kabaka of Buganda on Kaazi land were acquired illegally.
He consequently directed that they should be cancelled.
The minister said his office received a petition from the beneficiaries of the Estate of H.H. Daudi Chwa and that of Omulangira George William Mawanda regarding illegal transactions involving land belonging to their estates and by extension land belonging to the Uganda Scouts Association and dealings involving Buganda Land Board Limited invoking provision of the Traditional Rulers (Restitution of Assets and Properties) Act of July, 30, 1993.
“The complaints, were reviewed by myself with the involvement of a team led by Dr. Hillary Emmanuel Musoke, Senior Presidential Advisor/Special Duties. Additionally, Ms. Phiona Barungi, Senior Presidential Assistant/Special Duties, who had also done work on this complaint, gave me an opportunity to read her findings on the issue. I also held consultations with Brig. Gen. Isoke, the head of the State House Anti- Corruption Unit, along with his team,” Mayanja said.
He noted that he also looked at court precedents and found two cases involving properties of Sir Daudi Chwa II; the first one was in 2020 Prince Kelmera Another (Administrator of the estate of the late HRH Sir Daudi Chwa II) V the Kabaka of Buganda 3 others (Civil Suit No 535 of 2017) 2020 UGHCLD 16 (28 September 2020) and the second in 2024 Prince Kelmera H Kimera V Attorney General the Kabaka of Buganda (constitution petition 9 of 2020) 2024 UGCC 3 (14 February 2024).
According to the minister, none of the two cases handled the status of the properties which follow within the Estate of H.H. Daudi Chwa II.
“I was accordingly at liberty to delve in the Daudi Chwa II Estate properties without offending any court decision on the matter.”
He noted that the late Kabaka Daudi Chwa II personally owned private mailo land in various areas
across Buganda including land at Munyonyo, Lubowa, Nakigalala, Kigo, Busabala, Kajjansi, Mengo, etc. One of Daudi Chwa’s personal mailo estates was registered under final certificate No. 18454, and situate in Kaazi as per certificate of title indicated as “ABSOLUTE MAILO ESTATE”.
Mayanja said the land was late Kabaka Daudi Chwa II’s personal property and not subject to the provisions of the Official Estates Act of 1919 and that in 1938, a year before his death, Kabaka Daudi Chwa II donated a portion of his personal estate at Kaazi to the Boy Scouts of Uganda under a Deed of Donation, dated June,7, 1938.
He explained that upon Chwa’s his death, his oldest son and fifth-born child, Prince George William Mawanda Chwa, became the heir to his private estate, as the first four children were all daughters.
“Under Buganda customs, the first-born son cannot inherit the Kabakaship. As a result, Chwa’s 15th child, Edward Frederick David William Muteesa Walugembe, was enthroned as his successor to the throne, but did not inherit the private estate of Daudi Chwa II.”
“Following Chwa’s death, much of his estate was administered by Nkulunze which was the Private Treasury of a reigning Kabaka, who after the death of Chwa was Edward Muteesa .The busuulu and other tenancy payments related to the land was being passed on to the heir of Daudi Chwa’s Estate-the Late Prince George William Mawanda Chwa.”
The minister said over the years, there was a fraudulent transfer of Kaazi land by individuals hiding behind Kabaka Mutebi’s name.
“As already stated hereinabove the Kaazi land was property of Daudi Chwa II, who under a Deed of Donation passed it on to the Scouts of Uganda and to his heir, Omulangila Mawanda. In addition it has been shown that the Kaazi land was private mailo and not official mailo not under the Official Estate Act 1919, therefore cannot be subject to the Traditional Rulers (Restitution of Assets and Properties) Act of 1993.”
“It was therefore an illegality for individuals hiding behind Kabaka Mutebi’s name and their agents to convert the Kaazi mailo land into official Mailo and use the Traditional Rulers (Restitution of Assets and Properties) Act of 1993 to transfer the land into the names of Kabaka of Buganda.”
He insisted that there have been illegalities in which individuals using Kabaka Mutebi’s name and their agents attempted to back date and fabricate transactions over the Kaazi land certificates of title.
Directives
The minister said that in view of the findings, he directs that the registration of the Kaazi land in the names of Kabaka of Buganda was illegal.
“The land was initially freehold, later altered to private Mailo, then re- entered as official Mailo, and eventually transferred to the Kabaka of Buganda. However as the review hereinabove indicate the land is the private Mailo belonging to the Estate of late H.H. Daudi Chwa II; I accordingly by copy of this letter directing the Commissioner Land Registration to correct the register by deleting Kabaka of Buganda and reverting the land back to the Administrators of the Estate of Daudi Chwa II,” Mayanja directed.
He directed the Commissioner Land Registration to work with the Administrators of the Estate of H.H. Daudi Chwa II to mutate and issue mailo title for 100 acres to the Boy Scouts Association and the Girl Guide Association of Uganda, as provided under the Boy Scouts and Girl Guides .
“ This will ensure alignment with legal provisions and the Deed of Donation of H. H. Daudi Chwa II. By copy of this letter I direct the Commissioner Land Registration to mutate and issue Mailo Title to the Estate of Omulangila G.W. Mawanda for the remaining 20 acres, and thereafter transfer to Prince Namugala Mawanda Chwa is the rightful administrator of the personal estate of his grandfather, Daudi Chwa II, as stipulated in the Deed of Donation and as advised by the late Hon. Mayanja Nkangi .”
He also directed the Commissioner Land Registration to correct the register and restore the 16 square miles as stated in Kabaka Edward Muteesa II’s letter but also directed the commissioner to work with the Administrators of the Estate of H.H. Daudi Chwa II to mutate and register the 2 square miles which the late Daudi Chwa II donated to Buganda Kingdom as per the letter of Kabaka Muteesa II .
“The 2 square miles title to be kept under custodianship of Uganda Land Commission until the issue of legal registration of statutory body to administer the Buganda kingdom land as set out in Article 246 (3) of the 1995 constitution .”