Claim that colonialist only gave mailo land to cultural leaders is misleading

While appearing on Baba Radio in Jinja recently, President Museveni incorrectly referred to mailo land as satanic and alleged that the colonialists only distributed it to cultural leaders.
The claim that the colonialists distributed land to only cultural leaders is to say the least misleading.

In Buganda, cultural leaders are the clan and sub-clan heads with the Sabataka at their head.

These leaders did not receive land under the 19000 Agreement.
Prior to the advent of colonialism land in Buganda was individualised through official (ettaka ly’obwakabaka, clan and chiefs’ land) and personal ownership (ettaka ly’obwesenze.)
Any person owning land under this system, including the “abakopi” or “abeesenze”) could apply to the lukiko to be certified as the owner of his customary holding.

On his application being successful after due diligence, the applicant was issued with a provisional certificate which was filed at the land office for survey purposes and issuance of a final certificate by the Governor.
Section 15 of the 1900 Agreement gives a lie to the claim that the colonialists distributed mailo land.

It reads: ‘As regards the allotment of the 8,000 square miles among the 1,000 private landowners, this will be a matter to be left to the decision of the lukiko with an appeal to the Kabaka. The lukiko will be empowered to decide as to the validity of claims, the number of claimants and the extent of land granted…...”
No one received more than what he owned under the customary system although four developments led to large scale forcing the government to limit to 30 square miles which an individual could own. This frenzy was caused by four developments.
First the cost of surveying land was beyond many people who decided to sell.

Secondly, the plague which afflicted Kyaggwe County forced many residents to relocate elsewhere after selling their land.
Thirdly, some people did not see any value in a mere piece of paper namely the title deed.

Fourthly, the Land (survey) Law and the Land Tax Law forced many people to prefer cash to landholding.

The sales were not arbitrary, but were regulated by the Land (Agreements) Law and all details, including the agreements witnessed by the Katikkiro and two chiefs, the receipts, and the survey records were filed in the land office and are captured on microfilms, which thankfully, are now in the custody of the Commission of Inquiry into Land Matters after efforts to put them out of the way at the land office became public.

In another programme on Bukedde TV Kampala minister Beti Kamya claimed that under the 1900 Buganda Agreement where many of the Kbaka’s subjects refused compensation for land required for a public project, the Kabaka would take the land from him and the land would be vested in the Uganda Land Commission. This was misleading.
In the first place, the minister was reading from section 4 of “The Law to Empower the Kabaka to Acquire Land for Purposes Beneficial to Nation” of 1945, not the Buganda Agreement.

Secondly, under that section, the Kabaka was allowed to force the owner to sell and if the owner refused, then the power to acquire the land would be invoked, but only after a committee of three had been appointed to advise on the purchase price.
There was no mention of Uganda Land Commission, which in any case, was a creature of the 1967 constitution that was enacted after kingdoms were abolished.
It is ironical that the government is now calling in aid a law which was passed 70 years ago by Buganda government to amend a constitution in which federo was rejected..

Mr Mulira is a lawyer.
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