Prime
Court orders district land boards off customary land
Locals at Juka Trading Centre in Apaa Parish where they relocated following clashes between the Madi and Acholi in 2019. PHOTO | FILE
What you need to know:
- In a unanimous decision of the court, five justices held that the de-gazetted land, which used to be owned by any customary owners, clan or community in the Acholi Sub-region, reverts back to the original customary owners under Customary Tenure System, where such ownership is proved.
The Constitutional Court has ruled that, among others, the practice of leasing de-gazetted land and former public land by the district land boards, is unconstitutional.
In a unanimous decision of the court, five justices held that the de-gazetted land, which used to be owned by any customary owners, clan or community in the Acholi Sub-region, reverts back to the original customary owners under Customary Tenure System, where such ownership is proved.
“The practice of administering and leasing de-gazetted lands and former public lands by the district land boards, except for the land that arises in terms of reversion from leases formerly granted to noncitizens or land which is proved by evidence to be land owned by anybody or authority, contravenes is inconsistent with Article 237 (1) and (3) of the constitution,” Justice Christopher Madrama, who wrote the lead judgment on February 20, said.
He added: “However, I would not nullify any leases which have been granted without having heard the beneficiaries of the lease, and any grievances relating to grant of any lease shall be handled by the High Court, which will consider all relevant factors.”
The other justices were Fredrick Egonda, Elizabeth Musoke, Monica Mugenyi and Christopher Gashirabake.
The petitioners were retired Supreme Court Judge Galdino Okello Moro, retried Bishop of Kitgum Diocese Macelod Baker Ochola, Livingstone Okello Okello, Rosalaba Oyaa, and Center for Public Interest Law.
The respondents included the Attorney General and the land boards of Agago, Amuru, Gulu, Kitgum, Lamwo, Nwoya, Omoro and Pader districts.
The petitioners had argued that the 1995 Constitution returned all the land to the citizens, which was to be owned in accordance with the tenure systems provided for in the said Constitution.
To that effect, they claimed that the Acholi land reverted to the communities and that the presidential directive of leasing the Aswa Ranch land to private entities and people was wrong.
“The actions of the 2nd to 9th respondent district land boards of the Acholi sub region in administering de-gazetted land and former public land under the Public Lands Act 1969 in Acholi Sub-region, that since 1995 is held as Customary Land Tenure in perpetuity, is inconsistent with the customary land and propriety rights thereof as guaranteed under articles 2 (1) & (2), 26 (1) & (2) and 237 (1) & (3) of the constitution,” the petitioners stated.
“That the actions of the first respondent (Attorney General) in leasing of land at Aswa Ranch in the Acholi Sub-region, through presidential directives to private entities and persons as free public land, is inconsistent with the Customary Land Tenure and proprietary rights thereof as guaranteed under the Constitution,” they added.
At the tail end of their decision, the justices held that since the petition concerned a matter of great public interest geared towards interpretation of the law affecting land ownership under systems of customary tenure affecting many regions in Uganda, they asked each party to bear its own costs.
PETITION
The petitioners had argued that the 1995 Constitution returned all the land to the citizens, which was to be owned in accordance with the tenure systems provided for in the said Constitution.
To that effect, they claimed that the Acholi land reverted to the communities and that the presidential directive of leasing the Aswa Ranch land to private entities and people was wrong.
