Ministry of Lands should rethink modifications on land titles

On February 2, 2019, the Ministry of Lands, Housing and Urban Development posted on its Facebook page a screenshot of the Uganda Gazette titled: ‘Notice of Modification of Forms of Certificate of Title’.
The changes are made under section 200 of the Registration of Titles Act, which empowers the Commissioner Land Registration to modify or alter the forms contained in the several schedules “to suit the circumstances of every case”.
In the notice, the modified forms of Certificate of Title shall bear four new special features.
However, for purposes of this article, I will focus on only two, namely; the requirement for a National Identification Number (NIN) to be entered against the name of the registered owner; and secondly, the need for the phone number and email address of registered land owner to be added against his/her name.
On the face of it, these are progressive reforms which should enhance inviolability of titles. However, a further inquiry will show that there are some challenges with these proposals.
The requirement for a NIN is excellent because National IDs provide the best alternative for verification of one’s identity. Nonetheless, let us not lose track of the reality. The national ID enrolment exercise was rolled out in April 2014.
It is saddening that for four years now, several people are still struggling to get their national IDs. I have also handled numerous clients whose details in the national ID have errors, but it has taken a lot of time to fix.
Has Ministry of Lands, Housing and Urban Development considered how the intricacies at NIRA are going to impact the processing of land titles? I am sure some people still recall the confusion that followed the simcard verification exercise using NINs in May 2017.
Having a phone number is ordinarily good because an estimated 70 per cent of Ugandans own simcards or phones (2018 Jumia Mobile Report). Whereas this may be realistic, we need to remember that phone numbers are changeable, can be stolen and are not a broadly acceptable identification method.
The process of replacing a simcard which, on top of Nira now involves police is complex and time consuming. Besides, most telecom service providers are privately-owned and can close anytime. The same report estimates internet penetration at 44 per cent in Uganda.
Ideally, this would mean that people who own and may be use email addresses fit within the said bracket. But here is the other dimension; anyone can create a disposable email address. This disqualifies an email from being a conclusive source of one’s identity.
In addition, emails can also be hacked into by fraudsters. Our literacy levels (let alone computer literacy) do not help the situation. What does this mean for Ugandans from far-flung parts of the country with limited internet access?
Reforms are good, but without matching investment in infrastructure to support the changes, there will be more challenges created. Nira is at the centre of these reforms and as long as its delivery remains inefficient as it is now, the NIN and phone number requirements will become prohibitive.
Whereas the need to uphold the sanctity of land titles is justifiable, the ministry needs to rethink these new features so as to avoid placing an extra burden on those seeking land services.
If not addressed, acquisition of land titles henceforth risks becoming an exclusive service that only elites with easy access to modern technology will enjoy.
We are likely to alienate the wananchi from this service.

Mr Elau is the managing partner, Elau & Ochom
Advocates and Legal Consultants