New Guidelines Issued for Land Ownership Verification
The government has introduced fresh guidelines for obtaining special certificates of title, aiming to enhance the verification process and prevent fraudulent land transactions. Lands Minister Judith Nabakooba instructed land registration commissioners, survey and mapping commissioners, and all registrars to conduct on-site visits before issuing special titles. The move comes as disputes over land ownership claims have increased, particularly in areas like Wakiso and Mukono.
The guidelines require land registrars to collaborate with leaders from the village to district levels, under the supervision of resident district commissioners (RDCs) and chief administrative officers (CAOs), to confirm ownership and check for duplications before issuing special titles. The commissioner of land registration will oversee the certification process of documents by duty bearers and leaders.
Minister Nabakooba, in coordination with the Attorney General Kiryowa Kiwanuka, issued the guidelines to address issues such as the forgery of titles and fraudulent land acquisitions. The guidelines aim to prevent the creation of Mailo titles on Freehold land, issuance of titles on disputed land, or multiple titles on the same land.
The central region, where the Mailo system is prevalent, and northern Uganda, affected by Balaalo influx, face higher land disputes. Allegations of connivance between bureaucrats, brokers, and unscrupulous individuals in irregularly issuing special titles on disputed lands have been widespread.
Wakiso and Mukono, along with the capital, are identified as hotspots for land grab and title forgery. A case in Namayumba Sub-county involving late Gabudyeri Lubajja’s grandchildren highlights the complexity of land disputes, contributing to the 31,641 pending land cases nationwide as per the 2020/21 Justice, Law and Order Sector (JLOS) Annual report.
The guidelines were issued in response to an opinion by Attorney General Kiryowa Kiwanuka, making bureaucrats personally liable for fraudulent land transactions. Minister Nabakooba emphasized the need for higher diligence in the title replacement process and warned of prosecution for non-compliance.
Pushback from Officials
The minister’s directive received mixed reactions. Commissioner of Land Registration, Mr. Baker Mugaino, argued that the guidelines would unnecessarily slow and frustrate land transactions, especially the titling process. He highlighted the existing strengthened process and questioned the need for additional meetings and verifications.
Lawyer Elias Nalukoola expressed agreement, emphasizing that the minister’s approach may not be realistic, and involving multiple stakeholders could lead to witch-hunting landlords on flimsy grounds. However, Richard Muganzi, the executive director of Landcode Initiative, welcomed the guidelines, seeing them as a deterrent against fraud.
