Court trims government powers on acquiring citizen’s land

Police arrest a man suspected to be part of the rioters in Kasokoso, Wakiso District on Tuesday. Residents were protesting government takeover of their land. PHOTO BY ABUBAKER LUBOWA

Kampala- Court has nullified a section of the law which gives government powers to take possession of citizen’s land before compensation citing violation of the right to property.

A panel of five judges of the Constitutional Court; Remmy Kasule, Faith Mwondah, Kenneth Kakuru, Geoffrey Kiryabwire and Eldard Mwangusya unanimously declared that section 7(1) of the Land Acquisition Act is unconstitutional arguing that it contravenes Article 26 of the Constitution.

Section 7(1) of the Land Acquisition Act provides that: “Where a declaration has been published in respect of any land, the assessment officer shall take possession of the land as soon as he or she has made his or her award under section 6; except that he or she may take possession at any time after the publication of the declaration if the minister certifies that it is in the public interest for him or her to do so”.

The court held that the controversial section does not provide for prior payment of compensation, before government compulsorily possesses any person’s property.

“We hereby declare that the act of the Uganda National Roads Authority (UNRA) complained against by taking possession of the land prior to payment of compensation contravened a citizen’s right to property as enshrined in Article 26 of the Constitution,” the justices held.

The court’s decision arises out of a petition by Mr Asuman Irumba, a property owner in Kyeharo-Kabwoya in Hoima District and Charity organisation Advocates for National Resources Governance and Development (ANRGD) against Attorney General (AG) and UNRA.

The duo complained against UNRA’s actions of taking Mr Irumba’s land before compensation during the upgrading of Hoima-Kaiso-Tonya road in Hoima District.
They also argued that Section 7 is inconsistent with the Constitution leading to various actions of UNRA to violate Mr Irumba’s rights guaranteed under Article 26 of the Constitution.

Article 26
Protection from deprivation of property
(1) Every person has a right to own property either individually or in association with others.
(2) No person shall be compulsorily deprived of property or any interest in or right over property of any description.