{UAH} Why is the so called land grabbing ubiquitous in Bugandaregion?
|
9:54 PM |
No comments |
By Joseph Kamusiime
Why is the so called land grabbing ubiquitous in Buganda region?
In Rukungiri where I was born 48 years ago I have never seen or witnessed a scenario called land grabbing. Interesting enough is that our land was not surveyed so the local people own this land not registered under the Titles Act. Their boundaries which are marked using a smal shrub called " Omugolola" and " oruyenje" have survived over a century without any dispute over this customary land ownership system that is embraced by everyone. Few elites have titles and for no other reason but to use them as collateral in banks for credit facilities. So what is the genesis of land grabbing in Buganda? Is it fair to say that NRM is responsible for land grabbing in Buganda? My answer is NO.
The genesis of land grabbing here is the 1900 Buganda agreement. Under article 15 of that agreement, land was grabbed from citizens and redistributed giving the bigger chunks to the chiefs, tge church, the colonial govt
called crown land, and forest reserves. For example 320 square miles went to chiefs. 96 was given to regents, 92 to the church , 16 to the queen mother, 350 to The kabaka, her majesty 9000 sqm, the princesses took 90 sqm, the princes took 32 sqm, mbogo took 24sqm, kamswaga of koki took 20sqm, 8000sqm was also given to chiefs and landowners. Govt stations took 50 sqm. This is how 19600 sqm of land in buganda was grabbed from the local people and they were rendered tenants!!!! The mailo system of land tenure was then created. This system created a landlord and tenant class in Buganda. People lost cultural authority over land and the peasants now bibanja owners and bataka revolted forcing the colonial govt to enact busulu and envujjo law in 1928 to address these grievances. Until the 1962 public land Act there was no security of customary land ownership in uganda. This was also short-lived wen Amin passed the land reform decree of 1975 under which all land became govt property.
Therefore, when NUP and others claim that NRM is responsible for land grabbing , they are simply exhibiting ignorance about how land ownership in Uganda has evolved since pre colonial days. Buganda in particular started this land grabbing business thru collaboration with the colonialists. Museveni was not born by 1900. How can u blame him now for displacing many people in 1900 and giving land to the chiefs?????
Has this anomaly ever been rectified???
I now delve into what I think are positive achievements of NRM is the restoration of land ownership rights.
The 1995 constitution recognized all forms of.land ownership unlike it was before.
1. Mailo
2. Customary
3. Leasehold
4. Freehold.
Sections 29 of The land act cap 227 protects bona-fide and lawful occupants on registered land. Section 31 of the land act also protects a tenant by occupancy against arbitrary eviction by landlords. The tenant can only be evicted for non payment of ground rent and after a court order. The eviction shall not be effected until six months from the date of that court order.
Under article 26 of the constitution, every Ugandan has a right to own property including land and where such land is taken over by govt in public interest the owner is entitled to prompt fair and adequate compensation from the govt. Every Ugandan has the right to sue whoever has either trespassed or forcefully taken over his land under the laws of uganda. There is no land dispute in uganda today that cannot be resolved under the land laws that we have and this is Credit to the NRM. What people call land grabbing today are mainly isolated cases where tenants and landlord disputes are decided by courts and the winning side applies for eviction. We also have sophisticated fraudsters who may sell land to more than one person. In such a case the court has power to decide who of the two is bona-fide. such an eviction has nothing to do with land grabbing.
Sometimes an absentee land.lord who is a registered owner may sell land yet the land is occupied by bibanja owners. The purchaser by law is required to compensate the kibanja owner or allow the kibanja owner acquire the mailo interest.
--
-- Why is the so called land grabbing ubiquitous in Buganda region?
In Rukungiri where I was born 48 years ago I have never seen or witnessed a scenario called land grabbing. Interesting enough is that our land was not surveyed so the local people own this land not registered under the Titles Act. Their boundaries which are marked using a smal shrub called " Omugolola" and " oruyenje" have survived over a century without any dispute over this customary land ownership system that is embraced by everyone. Few elites have titles and for no other reason but to use them as collateral in banks for credit facilities. So what is the genesis of land grabbing in Buganda? Is it fair to say that NRM is responsible for land grabbing in Buganda? My answer is NO.
The genesis of land grabbing here is the 1900 Buganda agreement. Under article 15 of that agreement, land was grabbed from citizens and redistributed giving the bigger chunks to the chiefs, tge church, the colonial govt
called crown land, and forest reserves. For example 320 square miles went to chiefs. 96 was given to regents, 92 to the church , 16 to the queen mother, 350 to The kabaka, her majesty 9000 sqm, the princesses took 90 sqm, the princes took 32 sqm, mbogo took 24sqm, kamswaga of koki took 20sqm, 8000sqm was also given to chiefs and landowners. Govt stations took 50 sqm. This is how 19600 sqm of land in buganda was grabbed from the local people and they were rendered tenants!!!! The mailo system of land tenure was then created. This system created a landlord and tenant class in Buganda. People lost cultural authority over land and the peasants now bibanja owners and bataka revolted forcing the colonial govt to enact busulu and envujjo law in 1928 to address these grievances. Until the 1962 public land Act there was no security of customary land ownership in uganda. This was also short-lived wen Amin passed the land reform decree of 1975 under which all land became govt property.
Therefore, when NUP and others claim that NRM is responsible for land grabbing , they are simply exhibiting ignorance about how land ownership in Uganda has evolved since pre colonial days. Buganda in particular started this land grabbing business thru collaboration with the colonialists. Museveni was not born by 1900. How can u blame him now for displacing many people in 1900 and giving land to the chiefs?????
Has this anomaly ever been rectified???
I now delve into what I think are positive achievements of NRM is the restoration of land ownership rights.
The 1995 constitution recognized all forms of.land ownership unlike it was before.
1. Mailo
2. Customary
3. Leasehold
4. Freehold.
Sections 29 of The land act cap 227 protects bona-fide and lawful occupants on registered land. Section 31 of the land act also protects a tenant by occupancy against arbitrary eviction by landlords. The tenant can only be evicted for non payment of ground rent and after a court order. The eviction shall not be effected until six months from the date of that court order.
Under article 26 of the constitution, every Ugandan has a right to own property including land and where such land is taken over by govt in public interest the owner is entitled to prompt fair and adequate compensation from the govt. Every Ugandan has the right to sue whoever has either trespassed or forcefully taken over his land under the laws of uganda. There is no land dispute in uganda today that cannot be resolved under the land laws that we have and this is Credit to the NRM. What people call land grabbing today are mainly isolated cases where tenants and landlord disputes are decided by courts and the winning side applies for eviction. We also have sophisticated fraudsters who may sell land to more than one person. In such a case the court has power to decide who of the two is bona-fide. such an eviction has nothing to do with land grabbing.
Sometimes an absentee land.lord who is a registered owner may sell land yet the land is occupied by bibanja owners. The purchaser by law is required to compensate the kibanja owner or allow the kibanja owner acquire the mailo interest.
--
"When a man is stung by a bee, he doesn't set off to destroy all beehives"
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com
---
You received this message because you are subscribed to the Google Groups "Ugandans at Heart (UAH) Community" group.
To unsubscribe from this group and stop receiving emails from it, send an email to ugandans-at-heart+unsubscribe@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/ugandans-at-heart/CAFxDTfrJFZQPPxNCSS86yROFsFuHKvPcXTAcGMbj-SX91bkpuQ%40mail.gmail.com.
Related Posts:
{UAH} Emily Thornberry says Donald Trump is a ‘threat to world order’ who does not deserve a UK state visit- {UAH} BEING RICH
- {UAH} LIGHT AND DARKNESS ARE RELATIVE
- {UAH} LOOK JERRY, WATCH YOUR MOUTH- TOM IS A TWO-HEADED HINDU GOD:!!!
- {UAH} OMASWA Awarded the 2019 - Hideyo Noguchi Africa Prize - Medical Services Category
0 comments:
Post a Comment