Cancellation of land titles falling within Bukasa and Namanve central forest reserve and the surrounding wetland #SGR

bukasa-namanve

MINISTRY OF LANDS, HOUSING & URBAN DEVELOPMENT

A PRESS BRIEFING ON CANCELLATION OF LAND TITLES FALLING WITHIN BUKASA AND NAMANVE CENTRAL FOREST RESERVE AND THE SURROUNDING WETLAND

 BY MINISTER FOR LANDS, HOUSING & URBAN DEVELOPMENT,HON BETTY AMONGI

                                           HELD AT THE UGANDA MEDIA CENTRE

 

                                                   (11.00 AM  – 20th January 2017)

  1. Members of the Press, Government of Uganda in implementation of it’s physical and social infrastructural networks as provided for in the National Development Plans, is in advanced stages of commencing construction of the Malaba-Kampala Standard Gauge Railway, Kampala-Jinja express Highway, Bukasa Inland Port and the Namanve-Luzira Power line.

 

  1. The corridors of these projects and the land covered by these projects areas is already surveyed and gazzetted. In Kampala, the projects all converge with interchanges and crossings in the areas of Bukasa, Namanve and Butabika-Luzira.

 

  1. Commencement of civil works has been delayed by the land acquisition process as the area is heavily encroached by illegal occupants some of whom were erroneously issued with Certificates of Titles and now claiming hefty sums of money in compensation before giving vacant possession.

 

  1. Most of the claimants fall within Namanve Central Forest Reserve and the surrounding Wetland along the shores of Lake Victoria. This is so, irrespective of the clear provisions of the Law that prohibits certain activities, settlement and parceling or titling of such land by private individuals.

 

  1. It is against this background that Government has with immediate effect ordered the cancelation of all the Certificates of Titles issued within the Namanve Central Forest Reserve and the attendant Wetland to pave way for the proposed infrastructural development.

 

GOVERNMENT’S JUSTIFICATION

 

  1. Namanve together with the villages of Bukasa, Kolo, Senyi and Wankolokolo stretching from the now Wakiso to Mukono Districts was way back in 1948, declared a Central Forest Reserve.

 

  1. It was gazetted with the enabling Statutory Instruments under Cap. 246-1 1962 Laws of Uganda and Pursuant to Legal Notice 41 of 1948. This Forest Reserve is publicly known and was demarcated in the process of alienation for this purpose which for all intents and purposes amounts to titling in favor of the managing Agency (NFA) on behalf of the People of Uganda.

 

  1. Under Article 237(2)(b) of the Constitution of Uganda, the Government or Local Government holds in trust for the people and protects natural lakes, rivers, wetlands, forest reserves, game reserves, national parks and any other land reserved for ecological and tourist purposes for the common good of all citizens.

 

  1. Similarly, under Article 242 of the Constitution, Government is empowered to make Laws and policies to regulate the use of land. The above Constitutional provisions are effected by sections 43 and 44 of the Land Act, Cap 227 respectively, which vest such lands in Government to hold in trust for the people of Uganda and subjects management and utilization by the owner or occupier of any such land to The National Forestry and Tree Planting Act, National Environment Act, and Water Act, among others.

 

  1. It is specifically provided for under section 44(4) of the Land Act that Government or Local Government shall not Lease out or otherwise alienate any natural resource referred to above.

 

  1. The Constitution and the enabling laws cited above clearly reserve or conserve the Forests, Lakes, Rivers, Wetlands and Swamps as protected areas/zones with controlled access for environment friendly activities.

 

  1.  Under S.59(1)(a) of the Land Act, District Land Boards only have powers to hold and allocate land in their  jurisdictions which is not owned by any person or authority. As stated above such lands are owned by Government and managed or controlled by its agencies NEMA and NFA.
  2. The act of gazetting is both constructive and actual notice to the whole world that such land is not free and available for occupation or titling by either Uganda Land Commission or the District Land Boards. The process of alienation coupled with gazetting if completed like in this case in itself amounts to legal title and therefore no other title can legally be processed or issued on such land.

 

  1. Under section 91 of the Land Act, Cap 227 the law gives the Registrar of titles powers to deal with titles which were among others illegally or wrongfully obtained as was the case in the above areas.

 

CURRENT STATE OF AFFAIRS 

 

  1. Most of the above land is highly encroached by private individuals who have gone as far as obtaining freehold and leasehold titles within bounds. The titles granted to them are by Wakiso District Land Board. For a person /applicant to qualify to be granted a freehold interest, such a person ought to have been either a customary tenant or the land should have been available and free for allocation.

 

  1. In this case, anybody who was granted a lease or freehold on this land, such grants or titles are illegal and irregular from the start.

 

  1. The second ground upon which a freehold would be granted is where an applicant is settled, living or using the land being applied for. In this case the land is a forest reserve and the other is a wetland. The applicants or claimants are in this case culpable victims of their own schemes. With full knowledge or information to the contrary, they wrongfully declared in the application forms to acquire titles to be customary tenants in the Central Forest Reserve and Wetland. The claimants therefore provided misleading information in their application forms that led to the issuance of titles.

 

  1. For there to be a grant of a lease, the Lessor must be the Controlling Authority of that land being applied for. This land as already stated, has never been free and available to the District Land Board for leasing as it is titled land and property of NFA and NEMA. The land management institutions at the lower level i.e. the District Land Board and the Area Land Committee of Wakiso, failed to exercise due diligence by not   establishing whether the land was within their control, titled and the nature of the terrain before extending offers of leases and freeholds to individuals.

 

  1. It should be observed that the Ministry has been advising the Controlling Authorities to survey and title their land, and provide the cadastral data for inclusion and integration in the Land Information System. However they have delayed and hence resulting into these challenges.

 

  1. The applications that have been pending before the Wakiso District Land Board and not yet submitted for titling are to be rejected for the same reasons, while those who had completed surveys and were issued with deed plans but had not submitted their applications to Wakiso District Land Board are advised not to do so as their applications will not be entertained.

 

  1. Government has therefore taken a decision and directed the Office of Titles to exercise the powers under section 91 of the Land Act, to cancel Certificates of Title that were wrongfully or illegally obtained.

 

  1. We thank the Ugandans who have willingfully returned their titles for cancellation. For those who have not yet, I encourage you all to return the titles for cancellation.

 

I thank you for listening to me and now will respond to any questions.

 

End

 

List of land titles to be cancelled

  1. FREEHOLD REGISTER VOLUME WAK1602 FOLIO 14

PLOT 1241 KYADONDO BLOCK 242 LAND AT BUKASA

  1. FREEHOLD REGISTER VOLUME WAK1602 FOLIO 13

PLOT 1242 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK614 FOLIO 1

PLOT 722 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK573 FOLIO 4

PLOT 721 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK862 FOLIO 18

PLOT 21 KIBULWAMWANA ROAD, ENTEBBE

 

  1. FREEHOLD REGISTER VOLUME WAK868 FOLIO 18

PLOT 697, 698, 699, 700 AND 701 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK572 FOLIO 5

PLOT 713, 714 AND 715 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK1154 FOLIO 23

PLOT 1230 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK2294 FOLIO 6

PLOT 1316 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK87 FOLIO 25

PLOT 717 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK450 FOLIO 7

PLOT 1067 AND 1068 KYADONDO BLOCK 242 LAND AT KIRINYA

 

  1. FREEHOLD REGISTER VOLUME 942 FOLIO 25

PLOT 635 AND 636 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME 942 FOLIO 24

PLOT 634 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK566 FOLIO 3

PLOTS 709 AND 710 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK87 FOLIO 25

PLOT 717 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK1518 FOLIO 24

PLOT 691 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK1518 FOLIO 25

PLOT 692 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK2243 FOLIO 4

PLOT 1308 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. FREEHOLD REGISTER VOLUME WAK827 FOLIO 13

PLOTS 689 AND 690 KYADONDO BLOCK 242 LAND AT BUKASA

 

  1. LEASEHOLD REGISTER VOLUME 4199 FOLIO 17

PLOT 676 KYADONDO BLOCK 242 LAND AT BUKASA – KIRINYA

 

  1. LEASEHOLD REGISTER VOLUME 4199 FOLIO 18

PLOT 674 KYADONDO BLOCK 242 LAND AT BUKASA – KIRINYA

 

  1. LEASEHOLD REGISTER VOLUME 4199 FOLIO 19

PLOT 675 KYADONDO BLOCK 242 LAND AT BUKASA – KIRINYA

 

The Illegal Land Title Owners

             1. DJS Investment Ltd

P. O. Box 31364, Kampala

2. Mangusho Satya Semu

P. O. Box 8254, Kampala

3. Namuli Dorothy

P. O. Box 12141, Kampala

4. Kasozi Ronald

P. O. Box 4211, Kampala

5. Kaasa Ivan

P. O. Box 73644, Kampala

6. Mash Investments Ltd

P. O. Box 22975, Kampala

7. Balayo and Associates Ltd

P. O. Box 831, Kampala

8. Wagaba Christopher

P. O. Box 6997, Kampala

9. Silver Gidongo

P. O. Box 8584, Kampala

10. Hashim Hassan

P. O. Box 70164, Kampala

 

11. Nagitta Josephine

P. O. Box 946, Kampala

12. Namukwaya Lovinsa Kityo and

Nantaba Rose

P. O. Box 946, Mukono

13. Busingye Harrison

P. O. Box 2345, Kampala

14. Camelot Agencies Ltd

P. O. Box 27893, Kampala

15. Hashim Hassan

P. O. Box 70164, Kampala

16. Wabuyi Jimmy

P. O. Box 50004, Kampala

17. Kanyunyuzi Annette

P. O. Box 520, Kampala

18. Daniel Murokora

P. O. Box 70313, Kampala

19. Masbros Construction Co. Limited

P. O. Box 1460, Kampala

20. E. Africa Heavy Machinery

Limited

P. O. Box 10734, Kampala

 

 

 

 

 

 

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