Dear All,
The Banyoro land case in which they want the Uganda Constitutional Court to declare the Anglo-Ganda 1900 Agreement as null and void was adjounred this morning because one of the five judges did not appear in court. And the Constitutional cannot sit when one of the five judges is missing.
The Banyoro, represented by Oyam MP Ayena Odongo want the Constitituiional Court to interpret several constitutional issues like, is the Anglo-Ganda 1900 agreement null and void?
Did the constitutional transfer of Buyaga and Bugangaizi in 1965 change the phyisical boundaries of the two counties to Bunyoro-Kitara, that is did the two counties physically, administration, land and political nature, were they legally all transferred to Bunyoro-Kitara, or only the political aspect was transferred.
However, going deeper into history, the very interesting questionthe Constitution Court is required to answer is, did Col. Henry Colville, the then millitary commander of Anglo-British forces have power to transfer territory.
This case has put the Uganda Government in a very embarrassing position. The land the Banyoro want given to them is the land which the Uganda Constitutnet Assembly in 1995 declared belong to the indigenous Banyoro and therefore Baganda absentee landlords who are clinging on those titles must be made to surrender them to the indigenous Banyoro after which the Baganda will be compensated with funds located in the LAND FUND which the Constitutnet Assembley specifically created to compensated the Baganda.
While about 400 Baganda have complied and surrendered the land titles and given to Banyoro, about 3000 of them are refusng to surrender them.
The Uganda Government set up a commission of Inquiry in 2001 headed by Makerere University Professor Mwaka to find out what should be the solution.
The Commission recommended that the Baganda absentee landlords be given their compensation and if they do not pick it it should be deposited in the Bank of Uganda for them to pick when they will see it fit.
However, the Uganda government has not implemented the Professor Mwaka recommendations.
This case is taking on a very ugly outlook with the whole of Bunyoro-Kitara turning up to support the original ten petitioners from Kibaale District. for example whenever the case is coming up hundreds of thousands of Banyoro from all over the kingdom turn up at the Constitutional Court to witness the verdict.
And now the MP for Buyaga West Tinkasiimire has thjrown his whole weight behind the Banyoro petitioners. As the pictures show he was athe Constitional court this morn ing to render support to the Banyoro petitioners.
Henry Ford Mirima
Press Secretary of the Omukama ofr Bunyoro-Kitara
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