Mengo defends Buganda Land Board

Buganda Kingdom has said it will not pursue confrontation with government but use engagement and diplomacy to ensure its land is titled.

The declaration was in response to President Museveni who last week said Buganda Land Board (BLB) is illegal.

In a statement yesterday, Mr Dennis Bugaya, the BLB spokesperson, said Mengo will steer clear of the politics on the issue and continue educating people about land rights.

“We shall always do this under the wise guidance and stewardship of the Kabaka, who is the custodian and registered proprietor of all the land that we manage,” the statement reads in part.

In a November 8 letter to the ruling National Resistance Movement Central Executive Committee members, Mr Museveni declared BLB illegal, and directed the party’s mobilisers to fight it.

“Resist land evictions for bibanja owners and work for the emancipation of the bibanja owners and compensation of the exploitative Mailo owner. Resist all schemes of okutemako (cut pieces from) of the bibanja owners’ land or kyaapa mungalo (“leases” given by the illegal Buganda Land Board),” the President wrote. 

Mengo yesterday said it is law abiding, adding: “BLB shall remain focused on its core objectives of making sure all tenants on Kabaka’s land are issued with land titles by the Ministry of Lands Housing and Urban Development.” 

Mr Bugaya said Article 246(3) of the Constitution and the Traditional Rulers’ (Restitution of Assets and Properties) Act create the office of the traditional ruler as a corporation sole with the rights of any legal entity. 

Mr Bugaya said the Kabaka incorporated BLB under the Companies Act 2012 with a key mandate to look after and manage all assets and properties that belong to the  kingdom.
Mengo has also vowed to continue to pushing for its rental dues from the government. 

The kingdom also added that BLB will continue to contribute to national development projects such as housing projects to close the decent housing deficit in the country. 

In conjunction with a Chinese firm Guoji, Mengo has set up private housing estates at Mirembe Villas Housing in Kigo and the affordable housing project in Sentema Busiro. 

It is also helping masses secure their occupancy in line with the government’s Land information system.

“This has widened the tax base for government as the process of bringing these hitherto unregistered interests under the Registration of Titles Act, stamp duty and registration fees are paid to the government through Uganda Revenue Authority. We believe these efforts should be supported rather than castigated,” the statement reads.

Legal take
Several legal experts have described President Museveni’s tirade at BLB as regrettable. 

“If the President is aggrieved that Buganda never supported him, let him go back to the people,” Mr Wandera Ogalo, a lawyer, said.
He added: “Since when does the President complain on behalf of the people? I don’t see any sense of what is going on. People on land are not complaining. Let the President leave the occupants (on Kabaka’s land) to complain.”

Mr Ogalo said it is within public domain that the President and Kabaka Mutebi signed agreements, returning land titles.

“How can you be the same person who gave them the land titles and now turn around? This is to deliberately cause confusion,”  he said.

The Attorney General, Mr Kiwanuka Kiryowa, said he would offer legal advice after a thorough analysis of the issues.
“I think I need to study what they (Mengo and President) are saying and be able to guide the country appropriately. I don’t know what the issue is,” Mr Kiwanuka said yesterday.

Veteran lawyer, Mr Peter Muliira, said the government seems to be looking for a fight with Mengo.

“Before 1967, a receipt for rent was tantamount to a lease or an interest in land. Today’s apparent anarchy in land matters seems to stem out of clarity in legal perception,” Mr Muliira said, adding that nobody can declare kyapa mu ngalo  illegal unless private ownership of land is first abolished. 

He said there are many problems with the current land laws because they are based on political biases.

Mawokota North MP and lawyer Yusuf Nsibambi said government should concentrate on development programmes instead of dividing its people.

Why the feud? 

The government wants to amend the land laws and abolish the Mailo land system, which is predominant in Buganda. Mengo is against the move.

On October 10, the Minister of State for Lands, Mr Sam Mayanja, declared the activities of BLB illegal.