Mugaino Baker, the Acting Commissioner for Land Registration, has taken decisive action by issuing new directives that address the contentious issue of land titles currently held by the National Social Security Fund (NSSF). These directives, detailed in a report dated April 22, 2024, involve the recall of land titles for plots FRV 402 Folio 13 (Plots 274, 323, and 1322) under the authority granted by the Land Act, aimed at rectifying errors and resolving boundary discrepancies.
This move comes in response to grievances expressed by customary landowners, who allege illegal occupation of their land by the NSSF. The commissioner’s directive mandates a thorough re-survey of the affected plots to ensure they do not infringe upon the lands owned by the local complainants. Furthermore, Commissioner Mugaino has called on the NSSF to negotiate amicably with the landowners to lawfully settle any disputes over the contested land.
In his comprehensive order, Mugaino also recommended that criminal proceedings be initiated against any parties found complicit in fraudulent activities connected to these land titles. He has tasked the Commissioner for Surveys and Mapping with enhancing the oversight and supervision of the Survey Register to prevent issues like double titling and to uphold strict compliance with survey standards.
Investigations led by the commissioner uncovered several irregularities with the land titles in question. Notably, the land purchased by the NSSF from Uganda Company Holdings Ltd in 2013 was originally owned by foreigners, which contravenes the 1995 Constitution of the Republic of Uganda and the Land Act that prohibit non-nationals from holding Freehold or Mailo land titles. This legal oversight casts doubt on the legitimacy of the subsequent transfer of these titles to the NSSF.
Further scrutiny revealed procedural failures in the amalgamation of the land titles, resulting in overlapping plots and unresolved boundary conflicts. One glaring anomaly identified was how a plot measuring merely 0.797 acres was developed into a significantly larger area of 186.6 acres, without adequate explanation from the NSSF.
These findings stemmed from an inquiry initiated by a letter from the Attorney General in November 2022, which requested clarification regarding the true ownership of the land. This inquiry culminated in a public hearing that included various state bodies such as the Inspectorate of Government, the Directorate of Criminal Investigation Police, and the Statehouse Anti-Corruption Unit.
The issuance of these orders occurred shortly after the Makindye Magistrates Court acquitted five individuals charged with the fraudulent acquisition of titles on this hotly contested land, namely Bogere Moses, Lubowa Muhammad Kityo, Namanya Betty, Nakanwagi Daphine, and Onyango Patrick.
As this situation unfolds, the ramifications for land registration, ownership rights, and procedural integrity in Uganda continue to be closely watched by stakeholders and the public. The resolution of these disputes will significantly impact the landscape of land registration and the rights of customary landowners in Uganda.
