Hon. Judith Nabakooba, Minister of Lands, Housing, and Urban Development says the government is committed to protecting ’Tenants by Occupancy’ (Bibanja Owners) from Illegal Evictions.
During a media briefing held on Thursday, Nabakooba addressed several challenges faced by locals in the Lands sector. She pointed to ensuring the rational, sustainable, and effective use and management of land, as well as the orderly development of urban and rural areas and safe, planned, and adequate housing for socio-economic development.
Nabakooba stated that despite government efforts to regulate and harmonize the relationship between landlords and tenants, the Ministry continues to receive reports of illegal evictions and the use of forged documents,especially court orders, to displace tenants by occupancy.
She noted that cases reported include double titling, family succession issues, landlord-tenant disputes, double sales by registered proprietors, generational claims, boundary disputes, illegal grants by district land boards, and issuance of titles in error. Since 2014, the Office of Titles has registered 2,134 cases requiring evidence or court decision implementation.
The Minister reminded Ugandans that the Land Act 1998, as amended, protects tenants from evictions and aims to restore harmonious landlord-tenant relationships.
“Section 92(1) (e) of the Land Act criminalizes any attempt to evict, or participation in the eviction of a lawful or bonafide occupant from registered land without an order of eviction from Court. A person who attempts to evict, evicts or participates in the eviction of a lawful or bonafide occupant from registered land without an order of eviction commits an offence and is liable on conviction to imprisonment not exceeding 7 years.” she said
Adding that:” Any tenant who sells his/her “Kibanja” without giving the first option of buying the “Kibanja” and taking the assignment of the tenancy to the land owner commits an offence and is liable to imprisonment not exceeding 4 years or a fine of UShs.1,920,000/= or both, and will forfeit his/her rights to the land owner.”
She reiterated key points from President Yoweri Museveni’s 2013 statement on land grabbing, emphasizing the illegality of manipulating peasants into accepting compensation, the verification of eviction orders by the High Court Registrar, penalizing corrupt officials, and the importance of not encroaching on government land.
The Minister outlined the types of tenants by occupancy protected by the law, including bonafide occupants and lawful occupants, detailing the rights and legal protections they are afforded under the 1995 Constitution and the Land Act Cap 227.
The Act criminalizes evictions without a court order, with offenders liable to imprisonment for up to seven years.
The sale of kibanja without offering the first option to the landlord is also criminalized, with penalties including imprisonment and fines.
Meanwhile on mitigating fraud in the processing of special Certificates of Title, Nabakooba explained that section 70 of the Registration of Titles Act allows for the issuance of special certificates of title.
She however said that this provision has been exploited, resulting in fraud such as applying for special titles on mortgaged properties, impersonating registered proprietors, and selling land multiple times.
“The Ministry has implemented measures to combat this, including requiring police reports, physical identification of registered owners, and message alerts via the Land Information System.”she said
The Minister advised additional measures, such as newspaper advertisements to increase public awareness and objections, due diligence by registrars, and addressing physical objections to the MZO Registrar of Titles to expedite alerts and avoid delays.
She also emphasized the importance of land inspections and their role in ensuring the integrity of the land registration process.
“Inspections provide crucial information about land characteristics, ensuring compliance with legal regimes and minimizing registration irregularities. The Office of Titles has received numerous petitions regarding non-compliance with inspection procedures, leading to requests for title cancellations.” said Nabakooba
To address this, the Ministry emphasized the role of District Physical Planning Committees in ensuring compliance with the Physical Planning Act 2010. Land officers at Ministry Zonal offices must verify compliance with regulations before fresh allocations, ensuring that all procedures are followed meticulously.
The minister further clarified that the Land Act Cap. 227 does not authorize LCs to participate in land registration and management. The Minister stressed that this role belongs to Area Land Committees at the sub-county level and reiterated that LCs should not involve themselves in land sales.
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