The Lands Commission Of Inquiry

The Chairperson of the Commission on Inquiry into Land Matters, Hon. Lady Justice Catherine Bamugemereire led the Commission of Inquiry into Land Matters team to state House, Entebbe on Wednesday 29th, July, 2020 to hand over the report to the appointing authority , H.E Yoweri Kaguta Museveni. The report comes after thirty months of inquiry into the Effectiveness of Law, Policies and Processes of Land Acquisition, Land Management and Land Registration in Uganda. Also in attendance were the Minister for Lands Hon. Betty Kamya, the Attorney General, Hon. William Byaruhanga and the Permanent Secretary for Lands. The president was very impressed with the report which he in turn handed to the Attorney General to produce a Government white paper for implementation.

Hon. Lady Justice Catherine Bamugemereire, the Chairperson Commission of Inquiry into Land Matters, this morning led a big delegation from the Commission, to join the rest of the country in the Anti- Corruption walk.

The colourful, well coordinated and highly attended walk was organized by various anti- corruption coalitions, organizations and civil society that included the IGG, state house anti corruption unit, Ministry of ethics and other agencies.

The chief walker, H.E Yoweri Kaguta Museveni, the president of the republic of Uganda remarked that corruption is a spiritual, moral and material problem. He asserted that corrupt people are parasites like ticks that suck without giving anything in return. He also noted that corrupt people are bad investors who think no one is watching, yet God watches them. He urged the four sectors of commercial agriculture, industry, services and ICT to support expansion of the sectors and to create jobs where necessary so as to eliminate corruption caused by acute need.

He remarked that unlike other agencies and sectors that employ on the basis of merit only, U.R.A, I.G.G and state house anti corruption unit should factor in the virtue of integrity as they recruit workers.

Amos Katureebe received the anti corruption hero award. Mr. Amos Katureebe, a councillor for Nyamityobora ward B, Mbarara Municipality was, on 8th November 2017, attacked with acid on his way home.

This was just one day before he was to testify before the Commission of Inquiry into land matters. The attack disfigured him, made him lose sight in both eyes, and left him with severe burns. He was hospitalized for 6 months in various health centres and hospitals both in Mbarara and Kampala.
Mr. Katureebe was targeted for being a leading anti-corruption champion in Mbarara Municipality, determined to expose unscrupulous individuals who were fraudulently transferring Government land into their names. It is against this back drop that he was chosen for the award of the Anti-corruption hero.

The Chairperson Commission of Inquiry into Land Matters, Hon. Lady Justice Catherine Bamugemereire was hosted by Mr. Ronald Ssebutiko on Bukedde FM Radio (100.5) on the Program Mugabansonga that runs 7-8pm.

In an expansive interview, Hon. Lady Justice Catherine Bamugemereire noted that although the Commission was constituted in November by H.E Yoweri Museveni, the president of the Republic, they were sworn in February 2017 and started operating in May 2017. They started with high level consultations from different Kingdoms like that of Buganda, Bunyoro and the Karamoja region and different land experts like different Professors from Makerere University.

The Chairperson and Commissioners set up different units to handle unique land challenges like Complaints department, Investigations Department, Follow-up Department and the Mediation Department among other key department that have been in operation at the Commission.

She noted that over 7780 land cases have been reported, not to mention the numerous phone calls the Commission has been receiving on a daily basis.

When asked how she and the Commission staff have managed to efficiently carry out its mandate to the satisfaction of many, she noted that the Commission has been using an inquisitorial approach where it handled case by case.

When asked by the host who the land grabbers are, Hon. Lady Catherine Bamugemereire noted that in each era, be it 1900, 1938, 1945, 1975 or even our own, it is easy for people with money, access to power and access to instruments of coercion among other advantages over others to grab land.

When asked about the different cases where the Commission has saved Government money, a case in point being the Isimba Dam Hydro- power project, Hon. Catherine Bamugemereire noted that the Isimba Hydro power project compensations were halted up today.

She noted that some of the issues that have brought conflict include over lapping interests on land brought by historical injustices that ushered in tenure systems like free hold, lease hold and mailo tenure system. These at times lead to misunderstanding between Bibanja owners and Landlords, a challenge the Commission ably handled by setting up a mediation department where warring parties could sit on a round table and agree on a way forward.
She mentioned other causes as being fraudulent surveying, commoditization of land, double titling, criminalization and militarization of land, impunity, elite capture of land and population increase.

When asked how she managed to chair three Commissions of inquiry that have been very successful and instrumental in instigating change like the KCCA probe, UNRA probe and now the Land Probe, Hon. Bamugemereire asserted that the boldness, firmness, patience, ability, wisdom and even endurance has come solely from God, coupled with the dedicated, committed and competent people she has worked with on the various Commissions.
She also highlighted the enabling virtues of professionalism, ethics and integrity and diligence.

She called upon Ugandans to remain calm even if the Commission is no longer taking complaints but to trust that the appointing authority will come up with a solution. She also urged Ugandans to be calm and mindful of others especially as we approach the festive season not to evict others or grab other people's land. She concluded by thanking people who worked hand in hand with the Commission, those who entrusted their cases to be handled by the Commission, especially the complainants and respondents and appealed to those who in any way felt offended by the Commission as it carried out its duties to consider the fact that it was for the good of the concerned parties and that the Commission did its best to work in professional and ethical ways.

His Excellency the President of the Republic of Uganda appointed the Commission of Inquiry into the Effectiveness of Law, policies, and processes of Land Acquisition, Land Administration, Land Management and Land Registration in Uganda on 8th December 2016, Vide Legal Notice No. 1 of 2017 as amended. This Commission comes 95 years, almost 100 years after the 1924 Commission. It is, therefore, a landmark Commission.

Over the last two years, the Commission of Inquiry has received over 7,767 complaints, with 50% of those being complaints on Land Grabbing and evictions, and corruption and fraudulent practices inland. These do not include the number of phone calls that come in daily, which come to tens of thousands. The Commission has held almost 600 public hearings, plus scores of locus in quo visits.

A total sum of over one Trillion Uganda Shillings of irregular payments have been exposed and halted as investigations continue. Examples where the Commission has saved Government from incurring significance financial loss include;
i. Isimba Hydro Power Project. In respect of claims for compensation for a rock. UGX 100,000,000,000/= (one hundred Billion) had been allocated for payment. The Commission highlighted the questionable circumstances surrounding these claims and halted these payments. Another UGX 132,000,000,000/= (One Hundred Thirty-Two Billion) not yet allocated, was also halted and is pending court action.

over 160 Titles in Nakivubo, Kinawataka, Namanve and Nambigirwa wetlands; and Namanve, Mugomba Central Forest reserves, and Gunda local forest reserve. The Commission halted payment of compensation to these titleholders of about UGX 40,000,000,000 (Forty Billion Shillings) and the matter is still in court.

Inquiries by the Commission discovered numerous irregularities in payments form the Land Fund to a number of persons, claiming on behalf of other applicants. one applicant was found to be involved in questionable claims totaling to UGX 9,651,655,000 (Uganda Shillings Nine Billion, Six Hundred and Fifty-One Million, six Hundred and Fifty-Five Thousand). The Commission advised Uganda Land Commission to halt these payments and this matter is still in court.
These among the very many, have been some of the achievements, successes, and victories of the Commission of Inquiry into Land Matters Chaired by Hon. Lady Justice Catherine Bamugemereire.

The Commission's tenure ends tomorrow the 9th of November 2019, bringing to an end the thirty (30) months of operation.

The Inspector-General of Government, Justice Irene Mulyagonja noted that the Inspector General's office receives many complaints in regard to the fraudulent acquisition of land. This, she informed, forces thee less advantaged into transactions they do not fully understand and lose property that way.
Justice Mulyagonja highlighted that many disputes and conflicts regarding land in the courts of law arise in family settings and include the struggle for ownership and occupancy of land that oftentimes arises between relatives and siblings.
she decried the patriarchal system that leaves women vulnerable and landless as when conflicts arise, women are not allowed to own land.

Justice Vincent Saldanha, a Judge of the Western Cape High Court articulated the law in South Africa in regard to eviction. He emphasized that every South African citizen has a right to water, food, and housing and that it is quite important to consider the vulnerable people who include women, children, single-parent homes and disabled people in evictions. He also informed that if there is an eviction, an emergency housing arrangement must be made. There must be temporary relocation with basic housing and basic services especially so citizens are not denied basic necessities of life.

In her closing remarks, the Chairperson Commission of Inquiry into Land Matters emphasized Justice Saldanha's suggestions that just like South Africa, the Ugandan Judiciary adopts a 'ubuntusim' approach, which is a humanistic approach towards approaching land challenges.

In Judge Robby Oweri Opio's closing remarks, he thanked the Commission for the tremendous work done these past 27months and hoped that the report will bring peace and tranquility and good land management. He also proposed that other constituted Commissions of Inquiry engage the Judiciary so they all together find solutions to Uganda's challenges.

' A country is dead if the Judiciary is dead! Judges ought to have a backbone and must be consistent. The Judiciary is Africa's only hope, so Judicial officers must be bold. Even if bad politics eliminates you, at least, we shall write a good obituary about you!' Those were the closing remarks of Professor Patrick Loch Otieno Lumuba this evening at the close of day one of the engagement meeting between the Judiciary and the Commission of Inquiry into Land Matters, at Imperial Golf View Hotel, Entebbe.

The engagement meeting which was opened by Rt. Hon. Bart Katureebe, the Chief Justice of the Republic of Uganda, has been organized by the Commission of Inquiry into Land Matters together with the Judicial Training Institute. While giving his opening remarks, Rt. Hon. Bart Katureebe urged Judicial officers to be diligent, faithful and honest. He encouraged them to at least work between 9:00am to 5:00pm to reduce on case backlog. He noted that although there are a few bad sheep who misuse authority and give the Judiciary a bad name, there are many Judicial officers who are working diligently to uphold the high standards of the Judiciary. He noted that criticism is healthy and if taken in good faith can be helpful. He also noted that there is need to train mediators who can ably mediate over cases without interfering with the mediation process.

The engagement has been attended by Justices of the Supreme Court, Justices of Court of Appeal, Judges of High Court, Worships, Registrars, the President of the Law Society, other Judicial officers in their various capacities and other distinguished dignitaries from other disciplines. Notable among those in attendance were Hon. Lord Vincent Saldanha, Judge Western Cape High Court of South Africa and Professor P.L.O Lumumba a legal practitioner, author of several books and renown media personality. Prof Lumumba dazzled the members with his extensive knowledge about land tenure systems, practices, challenges and proposals to the land challenges over the African continent and elsewhere. He emphasized that judges must have an inquisitorial mind, chart out alternative dispute resolution mechanisms and address historical injustices that have been the root of the current land challenges the African continent is grappling with.

The Chairperson Commission of Inquiry into land matters, Hon. Lady Justice Catherine Bamugemereire, together with Commission officials were thanked by the Chief Justice, eloquent and articulate professor, and different discussants who contributed to the debate, for ably trying to address Uganda's land challenges these past twenty-seven months.

The engagement meeting continues tomorrow and is expected to be closed by Rt. Hon. Rebecca Alitwala Kadaga, the Speaker of Parliament of Uganda.

Dr. Liz Alden Wily, a land specialist, today presented a paper titled, ' At the Crossroad: Restructuring Land Governance for a Fairer 21st Century', before the Commission of Inquiry into land matters chaired by Hon. Lady Justice Catherine Bamugemereire at Serena Hotel.

Dr. Liz Alden W***y, who is a political economist specializing in land and property issues, works independently as a consultant, policy adviser, program planner, implementor, researcher and advocate. Although she was born in New Zealand, she lives mainly in Kenya and works globally, especially in Africa.

She argued that globally, customary land tenure is losing status as permissive occupancy and use of Government or public lands. This, she stated, is turning 3 billion people into lawful landowners and 3-5 billion hectares into lawful community property.

she argued that there is a common need for new compulsory acquisition practice and a subtle need for release of old era state landlordism where it doesn't work.

In her paper, she discussed that tenure reform is reconstructing millions of permissive land occupants as lawful owners, a process in which Uganda itself was a lead actor in Africa in the 1990s. That of 54 states in Africa, 39 have enacted relevant new laws with strong reforms in 10 countries.

She gave an example of India's 2013 new law which in her opinion, sets a benchmark for best practice which is: double market value paid to rural dwellers, special safeguards for marginalized groups, relocation triggers 25 added benefits&lumpsome of $700 per adult, those not compensated in the past apply for backdated payment

She recommended that countries need to come up with new step-by-step land acquisition guidelines, regulations, and procedures which put many factors into consideration like gender sensitivity, variable valuation methods, positive outcomes for the affected, special protection for the poor&marginalized, compensation to be negotiable by the affected, flexibility in timing of payment for different situational typologies and that Government budget covers all costs earmarked prior to acquisition.

The Commission of Inquiry into land matters chaired by Hon. Lady Justice Catherine Bamugemereire, today, had an engagement with Government Ministries, Departments and Agencies (MDAs) at Serena Hotel in Kigo-Entebbe.

In her opening remarks, Hon. Lady Justice Catherine Bamugemereire raised the concern of the outmoded land acquisition act drawn in 1965 that is lopsided and outdated and can therefore not solve twenty-first-century land challenges. She noted that Governments and related agencies are under increasing pressure to deliver public services in the face of an already high and growing demand for land. The purpose of the engagement, therefore, was to dialogue about TOR5 of the Commission's Terms of Reference which mandates it to; assess the legal and policy framework on Government land acquisition.

Among the MDAs that attended were; Uganda National Roads Authority Executive Director, Allen Kagina, National Water and Sewerage Corporation represented by its Deputy Managing Director, Engineer Johnson Amoyo, who also gave the closing remarks. Others who attended were the Executive Director of Uganda Land Alliance, Akwi Ogojo, the Executive Director of Land-Net, Engineer Kasingye Kyamugambi whose presentation generated an exhaustive debate on the challenges MDAs face in matters of land acquisition, the legal advisor of Uganda Electricity Generation Company, Ms. Beatrice Kulume, Ms. Esther Mulyangonja of Uganda Electricity Transmission Company Limited and other representatives from key MDAs that handle land acquisition in Uganda.

The challenges of compulsory land acquisition that were identified include; destruction of livelihoods and families by compensation, non-monetary value of land, compensation for land in protected and conservation areas, capacity of land acquisition units, duplication of acquisition and compensations by different agencies in the same area, district compensation rates which are not in place, outdated or not reflective of the new developments, information sharing, planning and ex*****on of land acquisition, challenges and mapping among other challenges.

The recommendations made to the effect were that; there is an urgent need for financial literacy to the compensated Project Affected Persons (PAPs) to address wastage of the received compensation and destruction of persons and families, the need for consideration of non-monetary values attached to land, the need for Government to come up with a clear policy on compensation of wetlands, forests and wildlife, recruitment of professional valuers among other suggested recommendations.

in his closing remarks, Engineer Johnson Amayo applauded the Commission Chair Hon. Lady Justice Catherine Bamugemereire and the entire team for putting up an engagement where many MDAs can have a platform to discuss challenges affecting each of them. He noted that the engagement was one of a kind that drew different stakeholders whom he termed as having 'one master and drawing finances from the same entity'. He urged the Commission to put their proposals into consideration.

Paul Bukenya, 56 years, a farmer in Kyankwanzi and resident of Kajjansi appeared before the Commission of Inquiry into Land matters chaired by Hon. Lady Justice Catherine Bamugemereire to testify on subject land in Buwaya that was purchased by Uganda Freezones Authority.

Paul Bukenya and Dick Lutaya sold land to UFZA under Katende, Sempebwa Company Advocates. Bukenya testifies that he had no relation to the land as he is from the Ngabi clan and the land belongs to the Mamba clan but that he bought it from Merida Nambwerwe and her two daughters Eseza Namirembe and Cissy Nakazi.
Bukenya testified that he bought the 450 acres at 102 million. Bukenya refuted the claims that he impersonated before the Administrator-General as a grandchild or was in any way related to Alexander Gabunga, the original owner of the land.

When asked how he got to partner with Dick Lutaya, he informed that he needed a lot of money to purchase the land which he did not have and so had to partner with Lutaya.

Although Bukenya claimed that the vendors surveyed the land, Mr. John Musungu, while testifying before the Commission, in regard to the subject land this afternoon refuted the claims that the land was surveyed. He opined that the land could have been surveyed on the table and not on the ground. He informed that there was no Job Record Jacket for the land and that there was no evidence that the land had been surveyed. His observation was that the District surveyor signed the deed plan without knowing what was on the ground.

Mr. Musungu who informed that he was still following the necessary procedure and has not yet sent his report to UFZA was shocked to learn that UFZA went ahead to procure the land without his input and that the land title has already been canceled. Mr. Musungu is a land surveyor with survey consult who qualified in 1976 from the University of Nairobi. He has been the Chairperson Surveyor Registration Board with a specialty in land surveying, land mapping, and Geometrics.

Paul Bukenya vowed that he will not refund any coin of the 7.5 billion and cast blame on UFZA, and Government officials who create titles and clear contracts. Mr. Fred Masaba, 56 years, who formerly worked in the senior state Attorney's office in the Directorate of Legal Advisory services reacted to Paul Bukenya's submission that he is not a bonafide purchaser and so he should not hide behind a prominent lawyer and cast blame on Government officials.

The acting Commissioner land registration, Mr. Robert Opio, 58 years, a resident of Mukono, today appeared before the Commission of Inquiry into land matters chaired by Hon. Lady Justice Catherine Bamugemeire to testify on subject land comprised in Busiiro, block 534-540, plot 326, at Buwaya which was sold to Uganda Freezones Authority.

He testified that the office of the Commmissioner land registration refused to transfer the land to Uganda free zones authority, that the title could not stand because it was over land that did not belong to Lutaya and Bukenya. That Dick Bukenya and Paul Lutaya are not bonafide purchasers and the land title they are holding has been canceled.

when asked what ought to be done for the Government to recover the 7.5 billion, Mr. Opio informed that the Attorney General has advised that the money given to Dick Lutaya and Paul Bukenya be recovered, that the search was made to the wrong office, that what ought to have come out was an investigative report as to why there were discrepancies and not a search letter.

When Mr. Atwiine Andrew Besigye, 35 years, of BIKA associates, a real estate dealer, appeared before the Commission to testify on the same subject land. Atwiine testified that he together with Andrew Muhwezi were approached by Nakigudde Lillian, Mpiima Enock, Kizito William, Mwesigwa Winston and given powers of attorney to administer their land including receiving payment over the land as they claimed it was under threat.

He testified that the acres totaled to 20 acres and they received 1 billion to compensate the bibanja owners. When asked how they arrived at the 1 billion figure, he answered that they knew how much Free Zones was going to pay for the land.

Paul Bukenya and Engineer Dick Lutaya will appear before the Commission tomorrow morning to testify about their involvement on the subject land.

The Administrator General, Mr. Charles Kasibayo, 40 years, appeared before the Commission of Inquiry into Land Matters to testify on land comprised in Busiiro, Wakiiso District that was acquired by the Uganda Free Zones Authority.

Mr. Kasibayo testifies that the original owner of the estate Ndiwalana Gabunga Alexander died in 1930 and his estate was handled according to the Buganda succession law of 1912 but came to the office of the Administrator-General in 1967.

Ndiwalana distributed his estate to his four sons, leaving his son Sosani Kasozi as the heir of his estate. The administrator General who gave details of how the land was distributed was quick to add that the office is not in the know of how the estate was dealt with.

when asked about the link between Bukenya and Galiwango, Mr. Kasibayo informed that Bukenya could have been a son of one of the daughters. Records reveal that Namirembe Eseza, Cissy Nakazi, Namirembe Erina who transferred land to Bukenya and Lutaya are the very people who sold land to Uganda Prisons in the same locality.

The trio will appear before the Commission to testify about their involvement with the estate.

Professor Wilberforce Kisamba Mugerwa, 74 years, an agricultural economist, today appeared before the Commission of Inquiry into Land Matters to present a paper on land use and planning in Uganda.

Prof Kisamba Mugerwa was formerly a minister of finance, Member of Parliament, Chairperson National planning Authority, senior research fellow and lecturer at MISR. He is also currently the Chancellor of Ndejje University, Chair UMSC among other responsibilities.

He observed that Uganda is one of the fastest urbanized countries at 34℅ and as a result is facing challenges with planning, and uncontrolled urbanization that is endangering agriculture.

He observed that the mailo tenure system is the main source of land challenges in Uganda fueled by uncensored, unregulated and unregistered land brokers who do not pay taxes. He also identified unregulated surveyors who create chaos by their inaccuracies.

He suggested that contrary to the idea of land fund, the best way would be to enhance investment in human capital development like in education, health and skills, and that once these are catered for, people can always buy their interests.

He recommended that people need a changed mindset on land acquisition, land management and land registration in Uganda. That the land use policy needs to be reviewed and revised to ensure that strong effective institutions are in place and bold leaders who can make bold right decisions, however difficult it might be.