Land Telescope Land VOL. 3 January, 2019

VOL. 3 NO 1, January 2019 elescope TA TRUSTED PUBLICATION ON LAND MATTERS FROM BUGANDA LAND BOARD BuGANDA signs pact to coNStruct KABAKA affordable Houses USHERs in Ssentema in 2019 More than 3,000 people to get jobs - P3 Dr. Bukenya utilizes Kabaka’s land to provide hope for stroke patients: P7

Buganda land board Managing Director Kyewalabye-Male D. (Seated middle) and Gouji group’s Windy Shen (seated right) during the signing of the MoU to kickstart a partnership to construct affordable houses in Ssentema.

Check type of Mawokota chief Security of tenure before Kayima decries tenure can end land investingnns - P2 in districts that still land - P14 issue freehold question: titles on Kabaka’s P10 land - P13 Land Telescope EditorialVOL. 3 January, 2019 NEWS 2 Why we should welcome uganda Land Board Land Telescope reintroduced the sen- Feeding you land information sitization unit charged BLB’s sensitization drives with the responsibility of precious factor of produc- absent, not knowing that the So, when other organisa- teaching Ugandans about Published by buganda land tion, many people, including law requires them to look for tions involved in land manage- theirB rights and obligations on land. board. This team has since embarked on leaders, use this ignorance to the landlord, not the other way ment such as BLB come out to regular meetings and clinics across disenfranchise them of their round. Such small land-related sensitize people, they should rights. It is thus important matters can cause huge losses. receive the necessary support. kyewalabye-male: the kingdom calling upon people, Managing Director especially bibanja holders, to under- that these people are con- People need to know all this It is commendable that the sistently reminded of their and much more. ministry last year partnered stand and respect their land rights, Simon Kabogoza: obligations and responsibilities. rights. We appreciate that govern- with BLB to conduct weeklong Head Corporate Affairs Although these efforts and mes- It is easy to find a suppos- ment is mandated to sensitize sensitization meetings in sages therein may not be new, this edly well-informed person masses about these matters Buweekula and Kyaggwe. 1st Floor Masengere Building remains a very important interven- entering a fraudulent land through the mother ministry The same is expected this P.O.Box 14205, Kampala tion by BLB in terms on entrenching transaction without conduct- of Lands and Urban Develop- year . More of such initiatives Tel: 0312263741 land-related knowledge among ing due diligence such as title ment along with other line are needed if we want to end Email: [email protected] Ugandans. searches or location surveys. ministries. Unfortunately, the recurrent land-related Website:www.bugandalandboard.or.ug It is both amazing and shocking It is common for tenants to sometimes the ministry seems challenges in the country. Facebook: Buganda Land Board how many people are ignorant about ignore payment of ground rent so overwhelmed, needing a Twitter: bugandalandb land matters. Because land is a very just because the landlord is helping hand! Why government reclaimed OPEC land

For there to be a lease, there are two parties; the lessor (land owner) and the lessee (holder of user rights). The two parties are governed by the contract called a lease agreement in land transac- tions. Lease agreements have terms and conditions implored upon by either party to perform. Where one of the parties does not or fails to perform its contractual obligations, this amounts to a breach of the contract and entitles the aggrieved party to a number of remedies under the law. Where the breach has been by the lessee, one of the reme- dies available to the lessor, is the dennis obbo remedy of re-entry. There are a number of reasons ecently, the govern- that may necessitate the exer- ment, through Ugan- cise of re-entry among which da Land Commission is non-payment of ground rent (ULC), took over own- or non-observance of any of the ership of its land that covenants expressed or by law hadR been leased to OPEC Prime implied to be declared (Section Properties (U) limited located at 103(b) of the Registration of Nakawa – Naguru. Titles Act (RTA), Cap 230). ULC holds and manages gov- Under Section 114 of the RTA, ernment land as per Article 239 this re-entry is supposed to be of the 1995 Constitution, which noted in the Register upon sat- stipulates that “the Uganda Land isfaction by the Commissioner, Commission shall hold and man- Land Registration. This in effect, age any land in Uganda vested in totally terminates the relation- or acquired by the Government ship between the parties and the of Uganda in accordance with land in question may be disposed the provisions of the Constitution Chairman Uganda Land Commission Baguma Isoke at the Nakawa Naguru land that was reclaimed by government of by transfer, subdivision or any and shall have other functions other way the registered propri- as may be prescribed by Parlia- prosecuted.” However, these objectives in etor may deem fit. ment”. Reading the signpost remind- their lease agreement were never Re-entering land by landlords A big signpost was placed on ed me that one of the remedies realized and so was the basis for when tenants fail to meet their the land at Naguru-Nakawa read- available to the Landowners There are a number of reasons that government to re-own back the lease agreement obligations is ing: “The general public is hereby is eviction of the tenant and land after 10 years. a legal and lawful measure that informed that the Government re-entry into their land in case of may necessitate“ the exercise of allows owners to regain the of Uganda today 19th September failure by the tenant to meet the re-entry among which is non-pay- Re-entry by Government physical possession and propri- 2018 re-entered and has taken obligations stipulated in the lease A re-entry is a process where etorship of their land/property. possession of land comprised agreements. ment of ground rent or non-ob- a lessor (land owner) legally and That is how ULC has regained in LRV 4250/14 for plots 12-80 OPEC Prime Properties (U) servance of any of the covenants physically regains possession the Government land it leased to and all subdivisions arising there ltd had been leased this land to expressed or by law implied to be and proprietorship of property OPEC Prime Properties (U) Ltd. from which government had develop it so that they create or land hitherto leased out to an- leased to OPEC Prime Proper- employment opportunities, boost declared.... other party. This is done through The author is the spokesperson of ties (U) ltd. Any person found business and provide planned physical entry or an application the Ministry of Lands, Housing and trespassing on this land shall be settlement for Kampala dwellers. to the Courts of Law. Urban Development. Land Telescope 3 NEWS VOL. 3 January, 2019 Buganda partners with China firm to build affordable houses in Ssentema

t least 3,000 Ugandans are set to join the employment club following Buganda kingdom’s partnership with Chinese firm Henan GoujiA Industry Group to extend devel- opment projects across the kingdom. The partnership was signed at Bulange, Mengo on December 18, 2018 between Gouji representatives and Bu- ganda Land Board Managing Director Kyewalabye-Male D. The event was witnessed by Katikiiro Charles Peter Mayiga, Buganda cabinet ministers and officials from Buganda Land Board. Gouji are the constructors of the Mirembe Villas housing project in Kigo and have now shifted focus to construct houses affordable to middle-income earners. Construction starts next year. One such project is expected to start at Ssaza grounds in Sentema, some 20 kilometres from Kampala, covering at least 50 acres of uninhabited kingdom land. Speaking after the signing ceremo- ny, Katikkiro Charles Peter Mayiga applauded the Chinese for their com- mitment to development, noting that rarely do they promise and fail to de- liver. He advised ugandans to embrace Officials from Buganda led by Katikkiro Charles Peter Mayiga in a group photo with officials from Gouji and China Development Bank development and rip benefits. BLB Managing Director Kyewal- abye-Male noted that they intend to work with Gouji to construct affordable people to interact with each other out- job in the factory. In total, the factories houses and a modern industrial park to side their homes/in the public realm in the industrial park will likely pro- help local residents live in an organ- – a spirit of community living, one of duce at least 2,800 jobs. ised community on top of getting jobs. the priorities of the kingdom. According to the The target for manufacturers is to “The first phase targets uninhabited Wakiso district is expected to work produce for export to improve Ugan- land and we expect the project to be with the project managers to con- master plan, da’s forex earnings. struct a road from Masanafu flyover “ This project is expected to reduce expanded,” said Kyewalabye-Male. “It they are going will later extend and people within to Ssentema. The same project will pollution caused by car owners who those areas will be incorporated into have an extensive industrial park that to create a com- have to drive from home to work be- will directly employ 700 skilled and cause people will be living and working the projected and will not be evicted plete community unless they accept to be compensated.” unskilled personnel. The contract has in the same area. This becomes the first These low-cost units will range from a clause for local content, meaning with, a school, organized project where people work $10,000 (About Shs 36m) to $30,000 that most of the jobs in the project will and live in one area, besides medical (Shs 108m). This means that if each be held by Ugandans. shopping malls, officers. In the long run, it will become house accommodates five people, 2,500 The Ssentemahousing project is a health centre a mitigating factor against climate Ugandans will soon be staying in mod- result of an instruction from Kaba- change. ern houses. ka to have low-cost houses for his and leisure The SSsentemahousing project plan According to the master plan, they subjects. was mutually designed by a planner Every direct job in the factory will parks... Buganda Land Board chairman Eng. in Buganda Land Board called Fred are going to create a complete commu- Martin Kasekende nity with, a school, shopping malls, result into three indirect jobs (ser- Nyanzi. health centre and leisure parks to allow vices providers) to support that one

Buganda Land Board Managing Katikkiro Charles Peter Mayiga speaking Buganda Kingdom Finance Minister Director Kyewalabye-Male shakes Waggwa Nsibirwa hands with Gouji’s Windy Shen Land 4 Telescope VOL. 3 January, 2019 NEWSNEWS BLB MD announces year of efficiency

reetings to all of land documentation. a roundtable and discuss of you. Over time, this organi- the land issue at once. But I would like zation has accumulated this business of dreaming to thank unspeakable experience about laws and imposing everyone for in land management. As a them on us will not work. theirG priceless support to result, we have expanded You can’t solve an issue of the activities of Buganda our scope to start working landlords without talking Land Board in the pre- on land other than that to the principals. ceding year. We thank all of the Kabaka. Our team Surveying land takes a clients that have respond- of professionals includ- lot of money. We have a lot ed to our persistent calls ing surveyors, valuers, of land that was returned to secure their tenancy. physical planners and legal to Buganda but we have In 2018, we re-em- officers are now available not been able to conduct phasized the need for all to serve all client needs boundary opening. That tenants on Kabaka’s land irrespective of which land is why we request gov- to secure their tenancy. they possess. ernment to help us in this Many people have unreg- endeavor as they have istered plots of land. We Partnerships: done in other parts of the believe that this is un- We can’t work in isola- country. sustainable in a country tion. We have therefore Another challenge is where land wrangles are worked with other orga- the slow pace exhibited at the order of the day. We nizations especially in government land offices. tell people that a person sensitization drives. We There are a lot of excuses with proper documen- Buganda Land Board Managing Director Kyewalabye-Male D. have worked with the at lands offices and officers tation will always find ministry of Lands, Action there are very reluctant to himself on the right side Aid, Transparency Inter- execute their duties with of the law. So, we advise reewo where we gave out As an organization, we national, etc to conduct efficiency. everyone to come to titles at subsidized fees. are looking at developing a Land Awareness Weeks in There is also the chal- any of our branches and We are happy to report chunk of kingdom land in Kyaggwe and Buweekula. lenge of prolonged land secure their tenancy. that over 50 titles were Ssentema. We have already We are proud that Kabaka Our professionals have also cases. Most land cases We believe that the given out every month last identified partners and presented papers on land drag on in court until some only possible solution to year. So far, over 5000 construction of affordable is the only landlord in management at various people give up. I know land wrangles is security people on Kabaka’s land houses and a business “ national and international of a case at BLB that has of tenancy. have acquired titles. This is park is expected to start Uganda with an organised conferences. lasted for over 12 years. no mean feat in a country this year. register of bibanja holders. We are also working with If Kabaka’s case can last How do they secure where less than 700,000 15 financial institutions to 12 years, what about that tenancy? titles have been issued Other 2018 achieve- It is a pity that even provide loans to tenants on of an ordinary man. We It all starts with vigi- out over the past 90 years ments: government does not have Kabaka’s land who want to insist that we should have lance. Before you buy any (since 1928.) Our enforcement team get lease titles, but not the a land court with specific plot of land, be sure that We have thousands of has been very busy in such a register. finances. In 2018 we were timelines. the person selling it to people lying in the pipeline 2018 trying to ensure that happy to bring Stanbic you is the rightful owner, whose titles are under pro- all tenants on Kabaka’s Bank on board. This was THIS YEAR by reviewing their land cess. We hope to give out land follow the law when sending it for trial. a huge achievement since This is going to be a year documents. Make sure more titles this year, 2019. buying or developing land. The second monu- this is a big bank with a in which we will empha- that the seller introduces We are proud that Kabaka Many people are fond of mental case was the one wide branch network. We size transparency and you to the landlord and is the only landlord in constructing buildings in involving descendants insist that everyone should efficiency. We have put you seek consent before Uganda with an organised swamps and restricted of Sir Daudi Chwa II have a chance to own a and will continue to put buying the plot. This does register of bibanja hold- areas because they evade claiming that the 350 land title because it is posters showing all BLB not matter whether it is ers. It is a pity that even authorities and never kingdom land belongs to valuable. Our leases at BLB processes and all payment Kabaka’s land or private government does not have get their building plans their late father/grand- have an automatic renewal guidelines. Our clients mailo land; you should al- such a register. We believe approved. Our enforcement father. In the process, clause. should know that they are ways seek consent of the that this is one of the caus- team has ably dealt with their actions have affect- not supposed to make any landlord before buying a es of land wrangles in the such people. ed compensation claims CHALLENGES cash payments or addition- plot/kibanja. The land act country. We request gov- In 2018, our legal team for some major gov- Land is a valuable al payments to our employ- is very clear about con- ernment to ensure that it handled over 20 cases in ernment projects. The commodity and sometimes ees. We encourage them sent and at Buganda Land registers bibanja holders in court. While we have been good news is that court people become violent to- to report any misconduct Board we have a consent all areas where it has land. successful in most of them, has ruled against them wards some of our employ- to us. fee of 2% of the capital If they don’t do that, there there were two outstanding in many of the applica- ees. Sometime last year our We will continue sensi- value of the plot you are will never be a solution to ones. The first one was tions. Let me make this employee in enforcement tizing our tenants. We are buying. the land question. Irre- the case by Male Mabirizi clear: the land belonging Lukoma was attacked by planning a symposium on We encourage our spective of how many land where he wanted court to to the late Sir Daudi some hooligans and beat land matters in the UK. We clients to never pay any- bills government is willing declare that the Kabaka Chwa II and Buganda him badly. This is a result expect participants from thing more than 2% of the to table in parliament, the and BLB have no right to Kingdom is different. of some unscrupulous in- across the world. capital value. If any of our first step to ending land manage kingdom land. We would like to ap- dividuals who portray our We are going to em- employees advises you challenges is in drawing a We are happy that all preciate our legal team enforcement mechanisms power our commercial otherwise, we request clear database including judges agreed that this was including Counsel Chris as means to disenfranchise arm to push the Ssentema you to notify management all landlords and tenants. a very flimsy case and they Bwanika, Charlotte people in Kabaka’s land. housing project, as well as for action. Statistics indicate that land decided to throw it out. Nalumansi and others in We encourage people to survey more land and issue Secondly, we also ad- changes hands in urban ar- Sadly, this case was very the office of the King- follow the law. If someone more titles. vise people to obtain lease eas at a rate of 40 per cent stressing for our lawyers dom attorney General tried to use illegal means We would like to thank titles. We believe that a per annum. This means we who wasted a lot of time for the great work they to get money out of you, Ssaabasajja Kabaka for land title is the most se- need a database that is con- and money responding to have done. report them to us and we his support and trust in cure form of tenancy. So, stantly updated. We can’t the numerous applications We have intensified will handle the case. our work, Katikkiro for if one has the means, we have a national population by our brother Mabirizi. our sensitization drives We also have many con- his guidance and Lands highly encourage them of 40 million people when It is unfortunate that and now it is hard to men who use our names to minister Eng. Martin S. to obtain a title because we don’t know their places although court offered us go anywhere in USA, defraud people. Some even Kasekende (also chairman no one can evict you if of abode and land owner- costs, it is unlikely that the South Africa, UK or forge signatures of leaders of BLB board) for the guid- you have a title. A land ship. I understand that the vanquished has the capaci- Scandinavian countries at BLB. ance. We thank the BLB title further improves World Bank always has ty to pay. and fail to see a BLB The other challenge board as well as members the value of a given land development projects in We pray that in future, footprint. Last year we is politicization of land of management and BLB and attracts a higher fee Uganda, why don’t they court puts a mechanism sent a specialized team matters. We are seeing employees in case of government help us and give us funds where all cases filed are to popularize our Land endless laws about land. We finally thank Kaba- compensation, bank loan aimed at registering all first vetted. If court discov- Electronic Cards that Our suggestion to govern- ka’s chief for working with or resale. Ugandans and their land ers that the case is weak, use the palm-vein tech- ment is for them to call all us along the way. In 2018, we ran a cam- ownership details. we should not waste time nology for safe storage landowners and tenants to paign dubbed Kyapa Jubi- Land Telescope 5 NEWS VOL. 3 January, 2019

for Buganda Land Board cess saying it was binding because it showed that there their tenure and it would When Kyapa mu Ngalo took centre is need for the organisation help them access loans from to step up its sensitization banks. Majority agreed that activities. ‘Kyapa mu Ngalo’ would end In response, Mr. Robert land disputes...... many again stage at National Land Convention Opio, a commissioner for said ‘Kyapa mu Ngalo’ would Registration at the Ministry help in economic trans- t the end of of Lands, noted that there formation and called for 2018, Buganda about land matters. Even seems to be a correlation extension of the campaign Land Board people who are supposed to between non-titled land and with increased sensitization Managing implement land laws and slums in urban centres. drives. Director policies are not knowledge- He noted that because The presentation was Kyewalabye-MaleA D. gave able,” he said. people live in fear of evic- well taken by the audience an outstanding presentation He then talked about the tion, they build temporary which included policy on ‘Kyapa mu Ngalo’ at the inefficiencies at the lands structures. He said ‘Kyapa makers, non-government National Land Convention offices both at the district mu Ngalo’ can be used to organisations, members of held at Hotel Africana. and national level. overcome slums as it makes parliament, officials from the In this presentation, Mr. “In Kyaggwe, one time I people feel secure to build ministry of Lands, among Male started by noting wanted to donate a printer permanent structures. others. that Buganda Land Board to the ministry and they He, however, said the “This was a great opportu- manages over 1,000 square refused...... it’s good that other thing to be done after nity for us. People want us miles of Buganda Kingdom they are now working with giving people titles is to to take the campaign in lost land. He then divulged that us and we have just been to- teach them the value of a Counties. The Ateso commu- while the organization is- gether holding land aware- title and how they can use it nity wants us to share our sues lease titles, they never ness weeks in Mubende and to economically transform experience with the Emori- give out land in perpetuity recently,” he said. themselves. mori minister of lands. They MD Kyewalabye-Male speaking at the National Land Convention because it belongs to the He also suggested that Another researcher talked thought KMN was another Buganda institution. Ministry of Lands. at the 2018 year-end where one way of solving rampant about a study she did, evalu- new land tenure system. We He explained that after He then went into the ad- people were evicted for lack land wrangles is for gov- ating ‘Kyapa mu Ngalo’. are in touch with the Slum carrying out a mass regis- vantages of registration and of proper documentation on ernment to come out with She noted that they had dwellers organisation that tration and survey process giving out lease titles. their land. He noted that BLB a judicial system tailored carried out six gender-eval- did an independent study between 2013 and 2015, “We give out titles mainly currently gives out at least at adjudicating land cases uating questions. After on Kyapa mu Ngalo to get the kingdom, through BLB, to protect people from evic- 50 land titles every month. expeditiously as is the case analysing the research, most their report. Key interesting decided that those who had tions, and help them utilize He said that throughout with electoral petitions. He of the respondents said they findings indicate equality complied needed to be given their land commercially, the title-giving exercises, the also stressed the need for were unable to get infor- in access to proper land lease titles: that is how especially by getting access organisation’s leadership government to work with mation about ‘Kyapa mu documentation exhibited ‘Kyapa mu Ngalo’ was born. to credit,” he said. had realized that there is other stakeholders regularly Ngalo’, others said ‘Kyapa in the campaign for both He stressed that Buganda He noted that ‘Kyapa mu widespread ignorance about and in a fair-play mode. mu Ngalo’ was good but they men and women,” noted Mr. Land Board does not print Ngalo’ came to prevent in- land-related procedures and Mr. Male concluded by feared what would happen Simon Kabogoza, the Head of titles; they are instead made cidents such as the one that processes. stating that ‘Kyapa mu Nga- when the leases expired. Corporate Affairs at BLB. by government through the was witnessed in Lusanja “People lack information lo’ was a learning process Others welcomed the pro- Land 6 Telescope VOL. 3 January, 2019 interview BLB’s Lease Access Financing Initiative (LAFI) has transformed over 1,400 lives

n 2010, Buganda Land Board came up with a solution where it partners with financial institutions to help clients who are financially constrained but Iwant to secure tenancy to acquire loans in order to facilitate the ti- tle-processing exercise. We talked to ROSETTE NAKALYANGO, the Lease Access Financing Initiative (LAFI) coordinator, to know more about the performance of this project.

So, how does this whole thing work; how does someone get a loan? If someone has a kibanja on which they want to get a land title, they are expected to apply to Buganda Land Board and any of the partici- pating financial institution in which they have an active bank account. Buganda Land Board ascertains that the client is the rightful owner of the plot. The applicant is then required to pay at least 20% of the pre-deter- mined costs for lease processing inclusive of survey fees. Buganda Land Board then forwards valuation estimates needed to process the lease title for the client to the finan- cial institution. Kayima David Sekyeru (L) and Katambala Twaha Lwanyaga (2ndL) at one of the title-giving ceremonies. Many people have recieved lease titles The financial institution then as- through LAFI sesses the creditworthiness of the client and if it is satisfied, it makes should have a steady income that financial institutions. the necessary payments to enable will enable them repay the loan. They should have a steady income BLB process the title. Note: this We work hand in hand with banks for loan repayment. money is given directly to BLB to to ascertain the creditworthiness of avoid scenarios where a client may all applicants. It is noteworthy that Buganda Land Board be tempted to divert the money to since this project started, no one BLB ascertains the applicant’s own- other [burning] needs. has ever defaulted. This is because ership of kibanja; they process the When BLB gets the money, they of our due diligence. applicant’s information and provide process the title and give it to the a valuation estimates for the client financial institution which keeps it How many people have benefitted to the Financial Institution. They as collateral until the client finishes from this initiative? then process the land title and pres- the loan repayment. We have so far helped over 1,400 to ent it as collateral to the financial apply and obtain this service. institution. Which financial institutions do you work with? What is the minimum amount of Financial Institutions We currently work with 18 financial money that someone can get? Assess client’s creditworthiness, institutions, with the most recent It all depends on the size and LAFI coordinator Rosette Nakalyango advance estimated dues to Buganda bank to join the scheme being Stan- location of the plot of land. Title Land Board and hold all securities bic bank. The others are Centenary processing fees for an acre of land until loan is cleared. Bank, Opportunity Bank, Tropical in Makindye are very different from Bank, Housing Finance Bank, Post those of land found in Luweero for What plans do you have for the Bank, Orient Bank, Finance Trust, example. So, some people can get unit? loans for as low as Shs 5m while Title processing We want people to make good use Ugafode, Pride Microfinance, EFC, fees for an acre of Bank of Africa, Yako Microfinance, others will need maybe Shs 20m. “ of their land by acquiring develop- ment loans on top of the title-pro- Vision Fund, Bridge Credit Finance, land in Makindye For instance, it enables clients to What about the repayment period? cessing loans. For instance, it Letshego, Finca Uganda and Bulad- access finances on friendlier terms This also varies depending on the fi- are very different makes no sense for someone to get de Financial Services. in order secure tenancy. On the part nancial institution which the client a lease title on undeveloped land from those of land of financial institutions, it increases banks with. But most of the loans and just leave it idle. Since they Which people do you target? the number of loan applications go up to two years. found in Luweero already have a working relationship We primarily target bankable with meaningful collateral. And for for example. So, with the bank, we think it is plausi- groups. In other words, we look at BLB, it means a wider client base At what interest? ble for them to get more money and medium income earners who can some people can with land titles on Kabaka’s land. either be salaried or self-employed Financial institutions still deter- develop this land and use the land mine this. But they are usually far get loans for as low titles as collateral. Some banks are entrepreneurs. Take us through the obligations of lower than the commercial borrow- already doing this but we want to as Shs 5m while each of the parties in this initia- ing rates. harmonise it and make it part of the Why target these people? tive. others will need package. We target these people because this Kibanja Occupants is a loan and it has to be repaid. So, Why should someone embrace this maybe Shs 20m. product? They should be in possession of an the people who apply for these loans account with any of the partnering Because of its immense benefits. Land Telescope 7 land and investment VOL. 3 January, 2019

off Kabaka's land. The other thing is the fact that Dr. Bukenya utilizes Kabaka’s land leases given by BLB are different from other leases because they include an automatic renewal clause which means to provide hope for stroke patients that when the lease expires, it automatically renews without giving chance to other people This month we bring you to apply for it or the landlord to reclaim the land. I was Dr. Ibrahim Bukenya who also informed that if the lease expires and I don't want to has utilized Kabaka's land renew it, I just have to revert back to being a kibanja holder to help stroke patients. and pay ground rent.

What do you think are the Who are you? advantages of leasing? My name is Ibrahim Bukenya, If you have a sale agreement, the director at Stroke you have some rights over that Rehabilitation centre in piece of land but the levels of Wampeewo that treats people insecurity are higher than the with stroke in Uganda. We have one with a land title. Therefore, been here for over six years. We I encourage all people who have a plot of 1.5 acres. have resources to endeavor to We first rented but we realized obtain lease titles. If you get a that there are many people who land title, it becomes easier for need our services and we saw the bank to give you a sizeable the need and decided to buy loan which is not the case with Kabaka's land because it is safe. Dr. Bukenya (R) and our reporter at his facility people with sale agreements. For instance, before we registered Why do you think some people with Buganda Land Board, we fear Kabaka's land? just go there and register. on that same land and easily went to get a loan from the People just have wrong bank and they gave us very Growing up evict me. information. Our grandparents little money because we did not I grew up in Busega and my So, after learning that, I saw have always lived on Kabaka's have substantial security. On parents had a kibanja on it fit to register my land, pay land and I have never seen one occasion the bank refused Kabaka's land. At the same time Kkanzu and go ahead to survey anyone being evicted. altogether. But if you get a title, the current Katikkiro Charles and obtain a land title. This We rehabilitate stroke patients you easily get a loan. The other Peter Mayiga encourages us is the only way one can be through physiotherapy, advantage of the lease is the to register our bibanja interest assured of ownership of a given occupational therapy and speech fact that lease documents mean and those with resources to go piece of land. and language therapy. secure tenancy. Establishing the NGOs.. ahead and get titles. In the same spirit, I was approached by BLB Many people are afraid It is hard without regularized How has a secure tenancy employees from the Kasangati of getting a lease more so tenancy. You at least need helped in establishing Stroke service centre who pushed us to erecting permanent structures: Ebbaluwa Entongole to get Foundation? get a lease through sensitization what is your take on that? financial help. Encourage Indeed before we registered, drives. One of the employees I was not afraid of that because people to go to BLB offices we would reach out to donors who sensitized us told me that I as I said I grew up on Kabaka's and get registered, everything for funding to construct may have a kibanja but someone land and I have never heard of is transparent and they offer permanent structures but they else can go ahead and get a lease a case where people are evicted explanation for every step. You would always ask us to present documents showing ownership of the land. They indeed wanted a land title from Buganda Land Board. So, this also encouraged us to obtain a lease.

Any piece of advice? I saw “it fit to If anyone wants to put up register my land, permanent structures on leased pay Kkanzu and land, they should not be afraid. Let them go through the right go ahead to procedures of registration survey and obtain and leasing and start their a land title. This is businesses to avoid the the only way one disappointment of being bought out by someone else. Because can be assured if you are a kibanja holder, it of ownership of means you only have surface a given piece of rights but a lease holder has more rights and more security of land. tenure. The lease can expire but can easily be renewed.

Dr. Bukenya takes our reporter around the facility. Land 8 Telescope VOL. 3 January, 2019 PICTORIAL Buganda ends year with host of activities Festivities marking the end of 2018 were abound in Buganda kingdom. These included the annual Christmas carols, the Diaspora dinner as well as Enkuuka y’omwaka. We bring you some of the colourful pictures during these events that were all graced by Kabaka Ronald Muwenda Mutebi.

Kabaka with the organising committee of Christmas carols in Bulange, Mengo Kabaka in a group photo with some employees of Buganda Land Board

Kabaka enjoying Christmas carols Kabaka switching on the Christmas tree Employees of Buganda kingdom entities formed a choir to entertain Kabaka and his guests

BLB Managing Director Kyewalabye-Male praying for Kabaka Kabaka in a group photo with the organising committee of the Diaspora Dinner Kabaka with Princess Katrina Ssangalyambogo opening the new year

Kabaka greets guests at the Diaspora dinner Dignitaries at the Diaspora diner Multitudes of Ugandans turned out for the Nkuuka Jubireewo Land Telescope 9 CLIENT queries VOL. 3 January, 2019

What does the Land (Amendment)Act 2010 say on ground rent? The amendment to article 31 of the Land Act provides that What are the advantages a tenant must pay annual ground rent to the landlord as determined by district land boards. It further provides that “where the board has not determined the annual nominal ground rent payable by a tenant by occupancy within six months after the commencement of the Land (Amendment) of paying ground rent Act 2010, the rent may be determined by the Minister.” This provision, however, is only consistent with bibanja holders.

Can I sell land that has a lease title? Yes; the law grants per- What are the advantages of paying ground rent? mission to a land owner It established a relationship between the landlord and their tenant. to sell their land including It regularizes tenancy and gives confidence to the kibanja owners of leased land. owner that they are recorgnised tenants. The landlord is able to know the number of people on their land and what activities they are doing. If I got a lease title from Uganda Land Commission or from a District Land Board How do I know how much ground rent I have to before this land was pay? returned to Mengo, do According to the Annual Nominal Ground Rent I also process a new Regulations, 2011, by the lands minister, here are the fees lease? payable by tenants in respective areas. Holders of lease titles Bibanja holders in cities pay Shs 50,000 from governemnt before Bibanja in municipalities pay Shs 40.000 the land was returned to Bibanja hoders in Town Councils pay Shs 30,000 Mengo should come to Bibanja holders under Town Boards pay Shs 20,000 BLB to have their land Bibanja holders in villages pay Shs 5,000 titles are corrected to re- flect the new landlord, the Kabaka of Buganda. You will be helped at any of our branches. Is someone with a lease title on Kabaka’s land liable to paying busuulu as well? Golomolo residents ended in jubilation when government cancelled a land title of a minister What happens if a If a kibanja owner has already acquired a land title, tried to evict them off land that belongs to Buganda kingdom. BLB defended these residents he/she is obliged to pay ground rent as stipulated in the kibanja owner decides because they had registered their bibanja to sell his/her kibanja to lease agreement. A kibanja owner, on the other hand, pays a purchaser other than to the transaction in the busuulu as was assessed by the lands Minister or District Land Boards. Buganda Land Board? prescribed form, WITH The land law stipulates or without conditions, or that any tenant who wish- refuse consent to the How is consent to transact on kabaka’s land es to transfer ownership transaction. valued? of his/her property must It is valued in accordance to the location and the market Does the BLB Lease Access Financing Initiative seek consent of the land- value of a given piece of land. Consideration is also given extend beyond Kabaka’s land? lord. Failure to do so calls to the economic activity carried out in a given area. For The Buganda Land Board Lease Access Financing for legal action and if he/ What are benefits of instance, if the given kibanja is found at a trading center Initiative project is limited to BLB because its mandate she loses the case, they seeking consent? or an industrial area, one has to agree with the landlord does not extend to other private mailo land, but only to stand to be imprisoned for It helps the buyer seeking about a given price to pay in comparison with the value Kabaka’s land. four years, to be fined or consent to know the real of the land. landlord to whom they have both and lose the kibanja to pay ground rent. to the landlord. Secondly, it helps in What happens after my lease of 49 years expires. mitigating resultant land Where and how is consent paid? Will the Kabaka evict us from his land? wrangles because all When assessment of consent fees is finished, a tenant No! First, whoever qualifies for the leasehold title isa What does the law say parties are available and is advised to pay the money at any branch of Stanbic person who has previously owned a kibanja on Kabaka’s about consent to trans- can identify each other. Bank on Account NO. 9030005607948. Then BLB will get land and must be a registered tenant with Buganda Land act on a Kibanja? It helps the landlord to notification from the bank and process a receipt. Board. In the contract you will sign with BLB, there is a Section 34 of cap 227 know the number of tenants provision for automatic renewal of the lease after 49 years clearly gives the landlord on their land. and it will be up to you or your descendants to renew then. the right to give or deny It is very vital in If you do not want to renew, you revert to being a kibanja consent to a kibanja hold- regularizing tenancy. hoder. er who intends to sell their It is a form of bondage How does Buganda Land Board help people on interest in that kibanja to a between the landlord and Kabaka’s land to establish planned houses? baka’s Tombs, Buganda new owner or subdivide it the tenant Buganda Land Board has a physical planning unit which Where is the kingdom works building at Kakeeka, has come out with prototype housing projects that can be land that BLB is in or develop it. Basiima House and Nalin- acquired at a minimum fee to help people build standard charge of? ya’s House at Lubaga. It says: A tenancy by oc- houses. Before you start building, please approach any of Buganda Land Board cupancy may be inherit- Furthermore, the assets our branches and seek help on these plans. These plans manages all land and prop- under its mandate extend to ed. Prior to undertaking Who is supposed to come when approved by relevant authorities. erties returned under the any transaction to which include all those as outlined seek consnent? Restitution of Assets and by the memorandum of un- subsection (1) refers, the Any tenant selling, Properties Act of 1993. derstanding between the tenant by occupancy shall transfering part of or Such properties include president of Uganda and submit an application in exchanging a kibanja The Bulange, The Lubiri at the Kabaka. They include the prescribed form to holding has the Mengo, The Butikkiro, the former estates of Buganda the owner of the land for responsibility of first Buganda court building, Ka- kingdom comprising land his or her consent to the seeking consent from the baka’s official 350 square in urban centres or towns, transaction. The regis- landlord. This means that miles, Namasole’s 10 land where former admin- tered owner shall, within the kibanja holder has square miles, Banalinya’s istration headquarters six weeks from the date informed the landlord about land, Kabaka’s lake, former (countries and sub-coun- the potential change of Omulamuzi and Omuwan- ties) were situated, former of receipt of the applica- ownership of the kibanja ika’s official residencies at tion or such longer time Buganda kingdom markets, and the landlord has agreed Mengo, Land adjacent to etc. as may be prescribed, to the transaction. the Mengo Lubiri on which either grant a consent Registered land is a source of livelihood for many such as Buganda ministerial houses establishing ommercial buildings used to stand, all Basseka- Land 10 Telescope VOL. 3 January, 2019 opinion Security of tenure can end land question

by human rights network http://hrbrief.org/2009/07/ land-reform-and-forced-evic- tions-in-uganda. According to the World Bank, only 30% of the world population has registered rights to their land and home. In Uganda, less than 10 per cent of land is regis- BLB has professional surveyors that can help you even on land other than that of the Kabaka tered with titles. This leaves the majority of Ugandans exposed to Why you must do a location land grabbing, illegal evic- tions, human suffering and poverty. Land rights and survey before buying land lawful possession caught global attention at the 2015 climate change conference. ecause I work vision of this land to get an Among the key issues high- with Buganda independent title. lighted for climate change Land Board, many We have seen scenarios was lack of registered land people consider where one sibling decides Mulindwa Geofrey rights for natural resources me an expert in Someone may show you to sell part of their inherit- such as forests, swamps and Bland matters. This is typi- ed land and the rest gang an authentic land title he law describes indigenous lands. cal of humanity. It doesn’t “ up on the buyer and tell security of tenure This has left would-be matter what you do at a cer- to the land you intend to them it was an illegal sale. as the certainty protected land exposed for tain organization – as long Three, if the first two boxes that a person’s encroachment and other as you are employed there, buy and it even checks are ticked, then it is proper rights to land will land uses. Some of the sus- you should know every- out if/when you go for him to conduct a loca- beT recognized by others and tainable development goals thing therein. tion survey. protected in cases of specific (SDG’s ) adopted by the UN Haven’t you seen people the ministry of lands. Many people disregard challenges. focus on ending poverty, ask a nurse at Mulago to However, it is only a this crucial part of authen- People with insecure achieving food security and give them an expert opin- tication of land ownership tenure face the risk that advancing women’s rights ion on issues concerning location survey that can yet it is the most import- their rights to land will be through protection of land cardiology or a group of ascertain the exact GPS ant. A location survey may threatened by competing rights. drunkards at a local pub cost about Shs 500,000 claims, and even lost as a Just recently, Buganda ask a cleaner at Bank of location of the land in but can save you from be- result of eviction. (Busuulu). Land Board introduced Uganda (with all due re- ing defrauded of Shs 50m. As such, it is hard to For more than 25 years, a five-month campaign spect) to interpret the Na- question. How? transform Uganda or the Buganda Land Board has dubbed “Kyapa Jubireewo” tional Budget speech? Someone may show you an world at large without secu- been mobilizing and sensi- to commemorate the 25th In my case, I am no land authentic land title to the rity of tenure. As a country, tizing tenants on Kabaka’s coronation of the kabaka. surveyor, physical planner land you intend to buy and we cannot end poverty land to regularize their This campaign, ending or lawyer, but people ex- it even checks out if/when without ensuring security tenancy and obtain lease December 31, 2018, is pect me to know everything you go the ministry of of tenure for indigenous titles. Unfortunately, less aimed at issuing tenants on in those fields in relation to lands. However, it is only communities, individuals than 15 per cent of tenants Kabaka’s land with lease land management. a location survey that can and investors. Food security on Kabaka’s land have titles at subsidized fees. Just recently, a friend ap- ascertain the exact GPS lo- and production can be guar- registered their land rights So, while everyone is proached me asking for cation of the land in ques- anteed only when ones land and less than 1 per cent talking land rights, includ- some advice on a piece of department that offers ser- tion. There are scenarios rights are secure. You can’t have gone ahead to obtain ing an entire commission of land he was about to pur- vices to people on land other where a title of one piece of talk about protecting rights land titles. inquiry into land matters, chase. A land broker had than that of the Kabaka. land is identical to the title of vulnerable groups without This is a saddening Buganda kingdom through connected him to a certain I told him that all title verifi- of the piece of land lying protecting their land rights. scenario in a country where Buganda Land Board has lady who wanted to sell her cation checks are conducted directly opposite – think of Sustainable Development both government and pri- taken action, including share of inheritance from at the ministry of Lands of- the middle pages of an ex- Goal 1.4 (Agenda 2030) is vate evictions are a norm. subsidizing rates for one her late father. fices at districts and nation- ercise book. clear about this and specif- For example, in February to acquire a lease titles on My friend had been fur- al level (I didn’t need to be a So, a smart person may ically mentions the need 2008, ten days after the Kabaka’s land. nished with the block and surveyor to know this). trick you into buying what for countries to monitor the murder of a Belgian tourist The organization is also plot numbers of the certif- But before he could even go I will call a duplicate plot proportion of the total adult at the Mt. Elgon National carrying out sensitization icate of title to this land. He to the ministry for verifica- opposite the authentic population with secure ten- Park allegedly carried and registration of all now wanted me to check tion checks, I advised him to plot just because they look ure rights to land, according out by cattle thieves, the tenants on Kabaka’s land our (Buganda) systems to do three things. alike and a search at the to landportal.org/sdg-indica- Uganda Wildlife Authority to ensure that their land see if this land title exists. One, he should visit the said ministry will show that it tor -1.4. (UWA) evicted more than rights are safeguarded. I asked him if he had seen land and make sure it actu- exists. 1. The proportion of 4,000 people from commu- We are further forming the actual land title or vis- ally exists. He should talk The only way to sidestep the adult population with nities indigenous to the Mt. partnerships with financial ited the said land and he to neighbours and find out this trick is through a loca- documented tenure rights Elgon area. The UWA acted institutions to ensure that answered in the negative. if there are no encumbranc- tion survey. It is better to that are legally recognized with the assistance of the clients can access credit to He had just met the broker es or conflicts such as cur- lose Shs 500,000 than pay by governments. Ugandan military and justi- finance title acquisition and who assured him that the rent occupants unwilling to Shs 50m, build a house and 2. The proportion of fied its action as “humane- pay financial institutions in land belongs to five chil- move. start a family only to learn the adult population who ly” addressing “encroach- installments. dren (three girls and two Two, since the land ti- later that this plot actually perceive their tenure rights ment in the park.” It is time for the govern- boys) of a certain deceased tle to this land originally belongs to another person. as legally secure, regardless The eviction, however, ment and all key stakehold- man who left a will that belonged to the father of After my conversation of whether these rights are directly contradicted an ers in the land sector to specifically shared the land the person selling, I told with my friend, the glow documented. October 2005 decision by embrace such initiatives to among the siblings. my friend to first find out in his eyes told it all – he Legal documentation goes the Uganda High Court in ensure the development and First, this friend actually whether the administration had been helped, albeit by beyond land ownership Mbale, which ruled that the wellbeing of our communi- wanted to buy a plot on of the deceased’s estate was a layman’s point of view. by title deed and includes Benet were the “historical ties and country. private Mailo land and it transferred to another per- I also learnt one thing: other legally enforceable and indigenous inhabitants” could therefore not be ver- son. If yes, he should talk always know something documentation of user of the park and should The author is a Sensitisation/ ified through BLB systems. to that person and ensure about everything that your rights such as Certificate of be allowed to “carry out training, market research Buganda Land Board keeps that he/she agrees to the organization does irrespec- tenancy or proof of payment agricultural activities.” and corporate social records of people on Kaba- proposed sale and is even tive of your job. of nominal ground rent This is according to a brief responsibility officer. ka’s land, although it has a willing to sanction a sub-di- Land Telescope 11 opinion VOL. 3 January, 2019 Why you should not worry about getting a lease on land

a lease with a longer term because the longer the term of the lease, the better; especially if the title is to be used as collateral. So, before you sign a lease agreement, you are supposed to have read and agreed to the terms of the lease. These restrict the use to which the land can be put, the amount of ground rent and premium to be paid, the intervals in which ground rent will be revised and other the development conditions. Mind you, once you get a lease, you should not treat it like mailo land or land under freehold tenure. You should know what is expected MATTHIAS MULUMBA of you. You should ensure that the lease is still running at all times. You In Uganda today, owning land is can apply for a lease extension even almost everyone’s dream. The loca- before the lease expires and should tion of the land is a major factor that endeavour to honour the terms of the determines whether one will buy the lease. If you need to change the use given land or not. Location further that was agreed on in the agreement, influences the use to which you can you need to notify the lessor. This put that land as well as its value. Many people have received lease titles from BLB to start businesses including Dr Ssebulime (R) of Sebi will result into added costs since the Understandably, most people always Medical Centre in Nansana agreement will have to be varied. prefer to own land in perpetuity. land is like choosing a school for Secondly, we need to understand All in all, you should have foresight That is why they will opt for mailo a child. You must know what is the advantages of owning land before deciding on the use to which or freehold land instead of getting a required of you and the benefits that under leasehold tenure. One of you want to put to the land. You should be conversant with the zoning lease on land. might follow your decision. We need to the advantages is the fact that the The challenge is that such land Rather than ignore prime real initial cost of owning such land restrictions. is sometimes out of reach for most estate, we need to be bold like lions understand the is lower. The premium, which is When developing the land, the “ lessee should put a development on people because of its price. Other if we want to become the real-estate advantages of the lump sum paid by the person times, its location does not guarantee barons of the future or if we are to getting a lease to the landowner, the land that will not make a lease a the returns in the projected payback live in neighbourhoods perceived to owning land is a fraction of the market value. A burden. A commercial building for period in case one is to make an be ideal places of living. under leasehold lease also gives the lessee a chance instance can provide rent that can investment in real estate. First, you need to know that what to own land in a location where the cater for ground rent payments. The In Kampala, for instance, most of you put on the land matters if you tenure. One of owner would not be willing to sell same is true for residential apart- the land that is suitable for commer- are to get value out of it. Some devel- the benefits is their interests. It also encourages ments, tenements, factories, schools, commercial farms, name it. Land is a cial use is under leasehold tenure. opers are opting for condominium the fact that development and use of land since But to many people out there, the developments and high-rise devel- it would not make sense to contin- factor of production. We should look term lease is like a time-bomb. Some opments on land under leasehold the initial cost ue making annual payment for land beyond using it to construct homes. even miss the opportunity of own- tenure. Others are forming land of owning such that one is not using. Always look forward to putting land ing prime land because of this fear ownership groups and developing There are however some import- to the highest and best use. That way, caused by the uncertainty of owning the land as a group to offset the land is lower. ant considerations before taking a you will get the best out a lease. leasehold land. People often have development costs. The result is lease. For instance, a person opting these questions in mind: Will the organised and planned development for a lease ought to know the dura- The author is the Chief Valuer at lease be renewed upon expiry? Will and maximisation of the value of tion of the lease they are getting. Buganda Land Board. I manage to pay the ground rent? All land owned under leasehold owner- They should always look out for these questions are valid. But owning ship.

A BLB client with an envelope con- taining a land title Wakiso chairman Matia Lwanga Bwanika (R) hands over a land title to a BLB BLB clients line up to register after receiving lease titles client on one of the ‘Kyapa mu Ngalo’ events Land 12 Telescope VOL. 3 January, 2019 CLIENT VIEWS More Ugandans give their views about the law that prohibits building without a permit Government recently resolved to start Richard Kamya of implementing the 2013 Building Control Act Nanfumbambi welcomes the new government arrangement starting September 2018. Districts have since because it is going to help been tasked to institute building committees landlords. The new law requires with an objective of controlling all new building everyone intending to develop to present proof of ownership projects. In this law, everyone intending to put of their land and for bibanja up any structure should apply to this committee holders, they should first seek and present a building plan signed off by a consent of the landlord before building. professional architect. We talked to some rural Ugandans about this new development and hereunder we bring you their views.... Sauda Bulya from Katosi in Kyaggwe says since this is a law from government, no one can stand in its way. She however tasks government to ensure that all Ugandans are sensitised about its importance such that people can embrace it rather than oppose it.

Alibatasaabadde from Kirimu Edward Ssemulo is a resident of Ssaabaddu Ntenjeru says this new government directive to sub-county from Kyaggwe. He says he is not well conversant implement the Building Control Act will just with this law because there have been no government efforts make matters worse in delivery of services to sensitise masses about this law. He says he will have to wait at districts. He suggests that instead of for it to be implemented and see if it is good or bad. instituting a new committee, government should have utilised other local government Abas Batambuze is a avenues that already exist. resident of Bwanda in Mukono district. He is adamantly against this law which he says Kayondo Livingstone of is very unfair. "I am not sure Nsanja is against the new law. He says that such a law can work in it is very dangerous to put development Uganda. Now what are they powers in the hands of district officials. He going to do to a person who says lower-level leaders will be rendered has already started a building irrelevant yet they could have been able project without a permit? to superintend over development in their We are tired of government areas. He suggests that this law should be bureaucracy!" revised to at least introduce sub-county building committees. Land Telescope 13 INTERVIEW with chiefs VOL. 3 January, 2019 Mawokota chief Kayima decries districts that still issue freehold titles on Kabaka’s land

The Mawokota County Chief David Ssekyeru is a professional marketer but also doubles as an established farmer. He is the current chairman of the county chiefs’ council in Buganda. He previously worked with Shell Uganda, Ministry of Trade in the Idi Amin era as well as the defunct East African Community…… Our team talked to him about various management issues: below are excerpts

How is Mawokota? of Ssaabawaali Nkozi in Despite the many chal- Buwama and Kamengo. lenges, we are working We also have land and tooth and nail to ensure buildings of Mayem- that we meet our obli- begambogo and other gations as expected by places. However, many our appointing authori- buildings are still in the ty the Kabaka. hands of the districts but we are in constant How far have you negotiations with the reached in developing district leadership. We land for the county have advised them to headquarters? regularize their tenancy We have a master plan by obtaining lease titles whereby five acres have on land which they been earmarked for the have interest in such development of a model as the land housing the village that other people district headquarters, Kayima David Ssekyeru (R) and Katambala Twaha Lwanyaga will benchmark to de- negotiations are under- velop themselves. We way. Land Board to take We request for more are currently sourcing the necessary action. I coffee seedlings and we for Shs 3bn from poten- There have been some think such actions are are willing to distribute tial investors to get the issues concerning Pris- representative of the ex- them to every house- project going. ons land: how far are cessive greed that Kaba- The biggest challenge in Mpigi is that district authorities in hold in the country. the negotiations? ka talked about during What are the main ob- Prisons land is still his jubilee celebrations’ charge of land are still giving out“ freehold titles on Kabaka’s What about education? jectives of this project? being occupied by them message. Many cases land despite the fact that this land was returned to Mengo in In just three years, This model village and this issue has been have ended up in my of- we have managed to is expected to have referred to the office of fice and I have managed the 2013 MOU. We notified BLB about this challenge and we are connect over 150 stu- special plots/houses for the Katikkiro and this to halt them. told they are handling it with district officials. dents to various schools all 52 Baganda clans involves all land hous- under the Kabaka’s while the other houses/ ing prisons in the entire There was a monetary Education Fund. They huts will be used by county. We have how- package from BLB giv- are studying and some tourists from abroad ever managed to fence en to various counties have already finished. as well as domestic off land equaling 15 after the mass regis- acres to fend off some tourists. We will have a tration exercise: how How are you working told they are handling it What are the extant conference centre, we unscrupulous people did you utilize your with district officials. challenges? who wanted to grab it. with Buganda Land will have restaurants package? Board in promoting the There are some rogue for local foods and local There is another batch Some of the money Are you taking part in Kabaka chiefs who are of 50 acres that we in- current Kyapa Jubiree- drinks, we will have was used to purchase wo campaign? promoting Katikkiro's only interested in self- a crafts centre as well tend to fence off as long furniture and other campaign of restoring gain other than the col- as the management at Our relationship with as a showroom for our office assortments, the BLB is growing stronger coffee plantations? lective responsibility of cultural heritage. Prisons agrees to this same money was used I am proud that by working for the good of arrangement. and our collective mes- We want to organize to fence off and protect sage to all people on Ka- the time the Katikkiro the kingdom. Others are the village to be a Kabaka’s land while the baka’s land is for them introduced this cam- too old to serve while commercial centre that Is it true that some of rest was used to plant paign, I was one of the many have become land Kabaka's chiefs con- to obtain documenta- will benefit all clans as a banana plantation for tion by registering their champions of coffee brokers, involved in the well as the county and nive with tenants to the county. farming in my county. sale of Kabaka’s land make transactions on bibanja interests and kingdom at large. getting lease titles if We have worked well without the knowledge Following the 2013 Kabaka's land without How are you handling with the deputy Lands of BLB or the county seeking consent of Bu- they have the means. MOU between Kabaka squatters on county The biggest challenge Minister Owek. Hamis chief’s office. The good and President Musev- ganda Land Board? land? Kakomo as well as the thing is that the minis- That is definitely true. in Mpigi is that district eni, some land was re- It is only the Prisons authorities in charge BUCADEF team to dis- try of local government turned to the kingdom: There are many people that are still on this tribute coffee seedlings gave us the mandate who are involved in this of land are still giving how much of this land land. The rest have out freehold titles on and encourage people to change these errant has been returned by unbecoming behaviour been stopped. There are to grow coffee once chiefs; so, this problem but we have compiled Kabaka’s land despite Mpigi district adminis- others that had bought the fact that this land again. We have some will soon be solved. tration? a report on their activ- plots on this land and model farmers in Nkozi, The other big challenge ities including sub-di- was returned to Mengo The land near Mutuba 1 we advised them to in the 2013 MOU. We Katende, Golo and other is poverty. Our people sub-county in Mpigi is visions of bibanja and register and get recog- places and this also are very poor, which we have notified the notified BLB about this now under our jurisdic- nized. challenge and we are involves maize farming. affects development tion; there is also land legal team at Buganda generally. Land 14 Telescope VOL. 3 January, 2019 land tenure Check type of tenure before investing in land MARIA KAKINDA The rules of customary from the Land Commis- law also vary in different sion, fill it in (indicating Four years ago, Naboth parts of the country. The either subdivision or Amanya paid Shs 15m Land Act 1998 states that transfer) and return it to for seven acres of land in customary land tenure the commission. The sell- Mpambire village, along shall be governed by rules er: at the same time, the Masaka road. Everything generally accepted as owner from who you are went according to plan, binding by the particular buying fills in a transfer with the genuine owner of community, and anyone form and two consent the land, Ronald Mutebi, who acquires land in that forms. transferring the title of the community shall also Surveying: thereafter seven acres into Amanya’s be bound by the same a survey of the land is names. However, when rules.” says Mr Obbo. He done, and the ministry Amanya began con- adds that with customary completes the process structing on the land, the tenure, obtaining of a by filling and issuing a squatters whom Mutebi private certificate of title mutation form. had said would vacate the is possible for individuals, Getting the title: after land upon a simple notice whereby they simply have the process is complete, informed Amanya that to agree with the commu- the ministry offers you they were going nowhere nity that owns the land your title either subdivid- unless they were compen- (the clan or tribal chiefs), ed off an existing one, or sated. then the sub-county and an old one fully changed When Amanya threat- government land boards into your names. ened to forcefully evict take up the process of them from the land, they issuing the title. The Con- CHALLENGES vowed to pick up axes and stitution also provides for According to ASP Emil- sticks to fight off whoever turning of an individual ian Kayima, the former turned up to evict them. on communal tenure into spokesman of Uganda Amanya took the case to one on freehold, and lease Police, the problem of court, but to his shock, it hold can also be issued by dual ownership mainly was ruled that if at all he MARIA KAKINDA owners to tenants under on Mailo land is a chal- was to evict the squatters, this tenure. lenge which has arisen as he had to compensate Uganda Lands Commis- holders have since 1900 a result of the law giving them because they were sion after independence sold off their holdings, to Much of the land that is Leasehold rights of ownership and lawful tenants. – with only a few having such an extent that the The 1998 Constitu- usage to more than one If you ask dealers in the bought it mostly from Ministry of Lands puts leased was previously tion describes leasehold person for the same plot “ tenure as one where one of land. He says in its in- business of land, this kind government. the number of owners to owned by government of story is a rather famil- The Land Act specifies have risen to more than party grants to another terest to protect tenants, iar one in their circles, that the holder of land in 200,000 today courtesy of bodies, particularly the the right to exclusive pos- the law gives the tenants where a person who has freehold has full power of so many having inherited Land Commission and the session of land for a spec- powers that are almost of legally bought land from ownership, which means or bought parts of what ified period, usually in ownership, because the a bonafide owner faces off they can use it for any was previously one piece District Land Board, and exchange for the payment law states that a landlord with squatters demanding lawful purpose and sell, of land, thereby causing normally this comes with of rent. Under this type, cannot sell off any piece compensation before they rent, lease, dispose of it its subdivision”. a landowner (whether of land without the con- depart from it. by will. On the side of the some development condi- through freehold, Mailo or sent of the tenants. Kay- It is one of the reasons The act also decrees that Constitution, it states that tions imposed on the land’s customary tenure) grants ima says this is the cause why different real estate only citizens of Uganda mailo land owners are a lease to another person. of most of the wrangles dealers advise that before are entitled to own land not allowed to use their subsequent use by those to Mr Obbo says in prac- among people who buy you purchase a plot of under freehold tenure, powers against the inter- whom it is leased. tice, much of the land that land under Mailo tenure land, you should know with non-citizens allowed ests of customary tenants, is leased was previously and tenants they find on what type of tenure (the only the alternative of bonafide or lawful occu- owned by government the land. type of ownership or sys- leasing it for a period of pants. both fill application forms bodies, particularly the Kayima says: “What tem) the land is under as up to 99 years. This provision was in- with the zonal office of the Land Commission and some Mailo landlords do well as the implications. troduced in 1998 and re- ministry of lands in their the District Land Board, is sell off land without the Mailo Tenure vised further in 2010 with area, then wait for the and normally this comes consent of the tenants, TYPES OF LAND TENURE Yusuf Nsibambi, a the aim of inhibiting the zonal office to complete with some development and in the end the new There are four types of lawyer, says this type of possible eviction by land- the rest of the process. conditions imposed on the buyer gets in trouble with land tenure clearly spelt tenure is predominantly lords of people occupying Customary tenure land’s subsequent use by the tenants who were not out in the Constitution of in Buganda, with some mailo land as customary Mr Obbo explains that those to whom it is leased. informed of the sale by Uganda. These include minimal parts of An- tenants or squatters. with the exception of their landlord, yet the law mailo land tenure, free- kole, Bunyoro and Tooro Denis Obbo, the spokes- Buganda which is mainly Process of getting a protects them that if they hold tenure, leasehold sub-regions having it. He person for ministry of held under Mailo, land mailo land title were not informed, then tenure and customary describes Mailo tenure land says it is important in other parts of Uganda The process of obtain- they have to be compen- tenure. as one where permanent to note that there are no is held mostly under the ing a certificate of title sated.” ownership of a large plot more new titles issued for customary tenure. He under Mailo land is done Kayima, therefore, Freehold tenure of land belongs to land- land under Mailo tenure, says the Land Act of the through law. advises that anyone The Land Act 1998 lords who acquired it because all titles were Constitution describes Mr Obbo points out that buying land under Mailo defines freehold tenure through the 1900 Bugan- issued prior to 1928. this tenure as one where it is important to note that tenure where the land as a tenure that bestows da agreement, while at He says what is done land is owned communal- no new titles are offered has tenants, the buyer upon someone owner- the same time tenants on today is only further ly, by a clan, or a tribe, under Mailo Land, but has to first ensure that ship of registered land in the land are recognised subdivision of the existing among others. Mr Obbo rather old titles are either the existing landlord eternity – “owning the and they also have rights titles which were issued explains that there are subdivided or transferred and his tenants have land forever”. This type of to live on and utilise the prior to 1928, as well as different forms in which into new names. He says reached a memorandum tenure was set up by the land. changing the names on customary land tenure in order to get a land title of understanding, or else 1900 agreement between Nsibambi explains: the titles in cases where exists in different parts subdivided or transferred; the buyer will end up in Buganda and the British “Under Mailo land tenure, ownership is being trans- of Uganda. “In some you get the plot and block conflict.” colonial government. owners have perpetual ferred. Under the process places the land is held number of the land, then Mariebkaki25@gmail. Most owners of land un- ownership and are free to of subdivision and trans- communally, in some it present it to the Registry com der this tenure acquired it sell or pass on their rights fer of ownership, Obbo belongs to a particular of Titles who will confirm The author is a law- as grants from the colonial to their heirs. On the side says the applicant and the clan while in others, it whether it is registered. yer working with public government before inde- of selling, many mailo transferring land owner is held by individuals. The buyer. After, you interest law clinic, Mak- pendence and from the pick an application form erere University. Land Telescope 15 ADVERTorial VOL. 3 January, 2019 Land 16 Telescope VOL. 3 January, 2019 understanding land laws Why the law prohibits building

Government recently moved to start imple- menting the Building Control Act of 2013. Among other things, this law provides that anyone who intends to build must get a per- mit from the District Building Committee. Below we bring you Part VI of this law that prescribes control of building operations.

34. Building operations without (b) a geotechnical report made by permit prohibited a geotechnical laboratory accredit- (1) A person shall not carry out a ed by the ministry responsible for building operation unless he or she works and endorsed by a registered has a valid building permit issued geotechnical engineer; by a Building Committee. (c) where there are any excava- (2) A person who contravenes tions, a design of the soil support subsection (1) commits an offence system and protection of the adja- and is liable, on conviction to a fine cent structures, endorsed by a reg- not exceeding fifty currency points istered geotechnical or structural or imprisonment not exceeding two engineer. years, or both. (4) A Building Control Officer may, if he or she is of the opinion 35. Application for building per- that an application made to a Build- mit ing Committee under subsection (1) A person who intends to carry (1) does not comply with the re- out a building operation shall apply quirements of this Act, reject the to the Building Committee in the application, giving reasons in writ- area in which he or she intends to ing for the rejection. carry out the building operation, for a building permit. 36. Procedure for issuing build- A house with a plan is a beauty to behold (2) An application for a building ing permit permit shall be in a form prescribed (1) A Building Committee may, by the Board, and shall— upon receipt of an application for quired by the Building Committee, fails to issue a building permit with- (a) contain the name and physical a permit under section 35, issue submit it to the Building Committee in the period specified in section and postal address of the applicant; a building permit to the applicant for reconsideration. 36, the applicant may appeal to the (b) be accompanied by the land within thirty days after the date of (5) Where the Building Commit- Board. title or other proof of ownership of receipt of the application. tee is unable to reach a decision (4) The right of appeal to the the land; (2) A Building Committee may within thirty days as required by Board under this section does not (c) where the applicant is not refuse to issue a permit where the subsection (1), it shall, notify the take away the right of an applicant the owner of the land on which the building operation in respect of applicant in writing of that fact, to appeal to a court of law and the building operation is to be carried which the permit is applied for— within fourteen days after the date court may confirm, reverse or mod- out, contain the name of the land- (a) may constitute a change in of the meeting of the Committee, ify the decision of the Board. owner, the land title or other proof land use different from that for and shall indicate in the notice, a of ownership of the land and a which the land is designated; reasonable period within which it 38. Building operation subject to statement of the legal relationship (b) may result in degradation (c) where the will be able to reach a decision, but time limit between the applicant and the land- of the environment in the area in applicant is not in any case not later than sixty days (1) A building operation in re- owner; which the building operation is to “ from the date of the receipt of the spect of which a building permit is the owner of the (d) contain the name, registration be carried out; application. issued under section 36 shall com- number and a copy of the practising (c) may cause the depreciation in land on which (6) The Building Committee mence within twelve months of the certificate of the architect and his value of adjoining or neighbouring the building shall, where it issues a permit un- date on which the building permit or her signature, and official stamp properties; der subsection (1), endorse its ap- is issued and shall be completed of the Uganda Society of Architects (d) may result in a building which operation is proval on the building plan and oth- within a period of sixty months of and in the case of an engineer, a is unsightly or objectionable to the to be carried er documents, and shall return one the date on which the building op- endorsed copy each of the building eration was commenced. certificate of good structural prac- public; out, contain tice; (e) may result in a building which plan and other documents to the ap- (2) Notwithstanding subsec- (e) be accompanied by such is a nuisance to occupiers of adjoin- the name of plicant. tion (1), where a person, due to number of copies of building plans ing or neighbouring properties; the landowner, (7) A building permit issued un- unforeseen circumstances, is un- and other documents as may be re- (f) may be dangerous to life or der this section may be issued upon able to comply with the period of quired by regulations; and property; the land title such terms and conditions as the time specified in subsection (1), (f) contain a letter from the Chair- (g) may be located on a site which or other proof Building Committee may deter- he or she shall apply to the Build- person of the Village Council of the is filled up or covered with refuse or mine. ing Committee for extension of the area in which the building opera- matter liable to decomposition; or of ownership 37. Appeals from decisions of time within which to complete the tion is to be carried out. (h) does not comply with the re- of the land and Building Committee building operation and the Building (1) A person aggrieved by a deci- Committee shall not unreasonably (3) Where the building is a quirements of this Act. a statement multi-storied structure or building, (3) Where the Building Com- sion of a Building Committee may withhold the grant of extension. the application shall include— mittee rejects an application for of the legal appeal to the Board within thirty (3) A person who carries on a (a) a structural design and plans, a permit under subsection (2) the relationship days after the date on which he or building operation in contravention stamped by a registered structural Committee shall, within thirty days she receives notice of the decision of this section commits an offence engineer including the name, regis- after receipt of the application, noti- between the of the Building Committee. and is liable, on conviction, to a fine tration number and his or her sig- fy the applicant, giving reasons, in applicant and (2) An appeal under subsection not exceeding twenty five currency nature, a copy of the registration writing, for the refusal. (1) shall be in writing by the appli- points or imprisonment not exceed- certificate and a copy of the struc- (4) A person whose application is the landowner; cant or by the agent of the appli- ing thirteen months or both, and af- tural design calculations; rejected under subsection (3) may, cant. ter the notice is given, to a further after amending it as may be re- (3) Where a Building Committee fine not exceeding five currency Land Telescope 17 UNDERSTANDING land laws VOL. 3 January, 2019 operations without a permit

order the holder of the permit to en- sure that the building or earthwork, as the case may be, ceases to be in a state that is dangerous to life or property. (3) A notice issued under subsec- tion (1) or (2) shall contain such conditions as the Building Commit- tee may determine and the person upon whom the notice is served shall comply with the conditions stated in the notice. (4) A person who fails to comply with a notice issued under subsec- tion (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceed- ing one year, or both.

42. Prohibition of building meth- ods and materials (1) The Minister may, after con- sultation with the Board, and upon being satisfied that any method or material used in a building opera- tion is not safe, by notice published in the Gazette, prohibit the use of that method or material in the building operation. (2) A person aggrieved by the de- Unplanned building operations deter development cision of the Minister made under this section may appeal to the High Court. (3) A person who uses a prohibit- (i) predisposed to flooding; or ed method or material contrary to a (ii) has a poor drainage system. notice issued under subsection (1), (2) Where a Building Committee commits an offence and is liable, on (1) A Building Committee may, by notice in writing, order any person to stop a building operation— (a) issues a notice to a person under conviction, to a fine of not exceed- subsection (1), the Committee may ing forty eight currency points or where the building operation is carried out in a manner which— order that person to take remedial imprisonment not exceeding two “ measures to the satisfaction of the (i) is contrary to the provisions of this Act and the Code; years, or both. Building Committee before continu- and (ii) does not comply with health and sanitation requirements prescribed by regulations. ing with the building operation. 43. Right of entry by Building (3) A person who fails, without Control Officer good cause, to comply with a notice (1) For the purposes of this Act, a issued under subsection (1) or an Building Control Officer shall, at all points for each day on which the of- good cause, extend the period for six order given under subsection reasonable times, have the right of fence continues. further months. (2) commits an offence and is li- entry onto any land or site where a (5) Where a Building Control Of- able, on conviction, to a fine not building operation is being carried 39. Permits for minor building ficer refuses to issue a permit or an exceeding seventy five currency out, for the purpose of determining works extension permit under this section, A person intend- points or imprisonment not exceed- whether this Act is being complied (1) A person intending to carry the applicant may appeal to the ing to carry out ing three years or both. with. out minor building works shall ap- Building Committee against the re- “ (2) A Building Control Officer ply, in writing, to a Building Control fusal. minor building 41. Remedial action on defective may conduct tests on or carry out Officer for a building permit. works shall building an inspection on any land or site on (2) An application under subsec- 40. Order to stop building opera- (1) A Building Committee may, which a building operation is being tion (1) shall be accompanied by a tion apply, in writing, where a building— carried out. sketch plan with dimensions. (1) A Building Committee may, by to a Building (a) is in a state of disrepair; (3) A Building Control Officer (3) A Building Control Officer notice in writing, order any person (b) is dilapidated; or shall, upon request by the owner of shall forward to the Building Com- to stop a building operation— Control Officer (c) is showing signs of disrepair the building or person in charge of mittee for review, a copy of each (a) where the building operation is for a building or dilapidation, by notice in writ- a building operation whose site is application for a permit made under carried out in a manner which— permit. ing, order the owner of the building entered by the Building Control Of- this section, and his or her decision (i) is contrary to the provisions of to demolish the building or take ficer or authorised agent, produce on that application within five work- this Act and the Code; (2) An applica- remedial action on the building, as his or her official identification ing days after his or her decision. and tion under sub- the case may be, to a standard de- card. (4) A permit for minor building (ii) does not comply with health termined by the Building Commit- (4) A person who hinders or ob- works under this section— and sanitation requirements pre- section (1) shall tee. structs a Building Control Officer in (a) may be issued upon such terms scribed by regulations. be accompanied (2) A Building Committee may, the exercise of his or her functions and conditions as may be prescribed (b) where the building is one to by a sketch plan where— under this section, commits an of- by regulations; and which the public is to have access (a) a building; or fence and is liable, on conviction, (b) is valid for six months, within but does not provide access for per- with dimensions. (b) earthwork on which a building to a fine not exceeding twenty five which time the building operation sons with disabilities as provided operation is carried out or is to be currency points or imprisonment shall commence; except that the for in the Accessibility Standards. carried out, is dangerous or shows not exceeding thirteen months or Building Control Officer may, on the (c) if it is discovered, during the signs of becoming dangerous to both. application of the permit holder, for building operation, that the site is— life or property, by written notice, Land 18 Telescope VOL. 3 January, 2019 classifieds TV programs on Don’t Miss our Radio Programs on land matters land issues

‘Ettaka ye Nnyaffe’ program Don’t miss!!!!!!!!!!!!!! Don’t miss Ettaka ye Nnyaffe live talk show every Friday 8-9PM on BBS TV. aired on 88.8 CBS FM radio every Our team also attends land-relat- The program offers an opportunity to the viewers to get clarification on all Sunday from 8-8:30PM. The pro- ed programmes on many radio land-related matters from different stakeholders in land management. This gram offers an opportunity to the stations where they articulate on a year 2019 it comes down to you our clients and it will carry a more peo- listeners to get clarification on all series of topics about land. ple-centred approach. land-related matters from different Different stakeholders articulate different land matters. However, our of- stakeholders in land management. ficials also attend several TV programs and discuss land-related national issues. Land Telescope The ScoopVOL. 3 January, 2019 2018 Woodball winners crowned at coulourful dinner

Winners Some of the winners and colleagues BLB's Woodball maestros Kaddu Nuhu and overall winner while Watson Mugume from Nakidde Eseza were among the winners at the Kampala International University was awarded recent annual Woodball dinner when they beat the Most Valuable Player. Denise Nanjeru from the rest to scoop an award for the best 'Mixed Kyambogo University was the Most Valuable doubles' team in the corporate category. Player in the women category. The event was held at Kati Kati Restaurant in Outstanding players in the Corporate category Lugogo where officials from Uganda National included Tibah Rogers from Kisubi Technical Woodball Federation awarded Hajati Rehema Institute and Justine Balemesa from UNEB. Nanvuma, the BLB Woodball team patron, Other sponsores were also given certificates. for the continued support to the sport in the They include Chinese Embassy in Uganda, country. BLB are the sponsors of the national Ndejje University, Coral Coatings, CPA , National women's Woodball league. Council of Sports, Spennah Beach, etc. Ndejje University's corporate team was the BLB team at the dinner

Ssejjengo Baker becomes 2018 BLB employee of the year fter becoming the Buganda Land Board employee of the year, Mr. Ssejjengo Baker thanked heavens and attributed this unbelievable featA to God, BLB management as well fellow employees. Ssejjengo was announced the winner at a staff party held at Extreme Adventure Park in Busiika, fending off competition from four other contestants. He stood out for his enterprise and good working relationship with all stakeholders. Ssejjengo was later recognised by the kingdom at the annual Christmas carols where Katikkiro Charles Peter Mayiga handed out plaques to the best employees from all kingdom entities in the presence of Kabaka. For his attributes, Ssejjengo has now been elevated to Operations Manager of all branches. Katikkiro with Ssejjengo Land 20 Telescope VOL. 3 January, 2019 MASAKa map