{UAH} Effects of the MOU between Mengo and Museveni(part 2)
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2:02 AM |
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President Museveni hands over the titles at State House
Following the official handover of some 213 land titles to Buganda kingdom with much fanfare on April 15, 2014, the central government sought to recall 13 of these after the Kooki cultural institution laid claim to them.
But according to Kiwalabye Male, the chief executive officer of the Buganda Land Board, (BLB), the government's decision to recall the 13 titles is unconstitutional.
"We don't see any title in our possession that we feel should return to the central government unless the Constitution has been changed," Kiwalabye told a recent news conference in Kampala.
Last year, the government entered an agreement with Mengo, promising to return all of Buganda's properties. The properties included the official estate of the katikkiro, county and sub-county headquarters, markets and the official estates of the Ssaza chiefs, among others.
However, a clause in the agreement states that "[Kabaka shall respect norms of other] ethnic communities located in Buganda such as the Banyala and Baruuli, and leave to them land where the former administrative units were situated as was amicably agreed by both parties."
It is in respect of that clause that the government wants the 13 titles located in Kooki returned. Nevertheless, Kiwalabye explained that Buganda Land Board was in charge of all Kabaka's land in such areas.
"Those (Ssabanyala and Ssabaruuli) are simply bibanja holders [tenants] … as far as we are concerned; we have the titles and we will not be bothered about who says what," Kiwalabye said.
Attorney General Peter Nyombi on May 30 wrote to Katikkiro Charles Peter Mayiga, recalling the 13 land titles. The letter followed a protest by Kooki's cultural leader, the Kamuswaga Apollo Ssansa Kabumbuli II, against the decision to hand over Kooki-related titles to Buganda kingdom. Buganda believes the confusion stems from failure to understand the Kamuswaga's role.
"The Kamuswaga is a Ssaza (county) chief of Buganda; his role as a Buganda chief and at the same time a traditional leader of Kooki is always mixed up," Kiwalabye said.
"Going by the 1896 agreement [between Kooki and Buganda], his Kamuswaga loyalty and allegiance is to the Kabaka of Buganda. There is, therefore, land that belongs to him as Kamuswaga and land that belongs to Buganda kingdom, and for us we are concerned about the kingdom land," Kiwalabye added.
"We therefore don't know which exact titles the attorney general referred to in his letter."
Besides Kooki, Nyombi told a June 6 meeting of NRM leaders in Nakasongola that going by Section B (1)(iv) of the agreement, Mengo also should have no control over properties in Buruuli and Bugerere, a position Kiwalabye doesn't agree with.
"Some of the titles that were returned to us [had] never even been transferred; they are very old and in their original names such as Ow'essaza, mumyuuka, etc., which are known traditional titles of Buganda chiefs," Kiwalabye said.
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