In a bid to combat widespread fraudulent transactions and strengthen the verification of land ownership, the Ugandan government has introduced new land registration rules for obtaining special certificates of title.
The move comes as a response to the increasing disputes and challenges associated with the issuance of special titles, particularly in districts like Wakiso and Mukono.
Lands Minister Judith Nabakooba, alongside the commissioners for land registration, survey and mapping, issued directives emphasising on-site visits for physical diligence before special titles are granted.
The land registration rules, unveiled on November 28, are a proactive measure to address the rising controversies surrounding land ownership claims.
With the issuance of special titles becoming a contentious matter due to conflicting claims, the government aims to instil a more rigorous verification process to curb forgery and fraudulent land acquisition and registration.
Under the new rules, land registrars are mandated to conduct due diligence by collaborating with leaders from the village to district levels, supervised by resident district commissioners (RDCs) and chief administrative officers (CAOs). This comprehensive consultation process aims to ascertain true ownership, identify potential duplications, and ensure the legitimacy of land titles before they are issued.
Minister Nabakooba, in collaboration with Attorney General Kiryowa Kiwanuka, believes that these guidelines will help prevent the creation of Mailo titles on Freehold land, issuance of titles on disputed land, or the occurrence of multiple titles on the same land.
“For land applied for, where the acreage is quite big, again further due diligence must be exercised by consulting all stakeholders to satisfy that it is free from encumbrance,” minister Nabakooba’s letter reads in part. It adds: “These [guidelines are] intended to create more safeguards and alertness among all duty bearers.”
The emphasis on on-site visits and thorough consultations with stakeholders intends to address the long-standing issue of irregularities resulting from a failure to verify facts on the ground.
She argued that the current title replacement process of anyone lodging a complaint to the police, presenting the supporting documents, publishing in the official gazette and filing records at Lands offices are inadequate to catch mischief, especially where family members falsely declare original titles lost to get a special ones.
“… issuance of special certificates of titles should be controlled at the centre where further due diligence must be exercised by liaising with all leaders from the Local Council One to Five under supervision of CAOs and RDCs to confirm that land where aspects of title is going to be made free of any dispute and no duplicate/owner’s copy is truly not in existence,” the minister wrote.
She warned that non-compliance with new land registration rules will result in the prosecution of officials who make a mistake.
The central and northern regions of Uganda, particularly under the Mailo system, have witnessed higher instances of land disputes, with accusations against bureaucrats for colluding with brokers and individuals to irregularly issue titles on contested lands.
Wakiso and Mukono, integral parts of Metropolitan Kampala, have become hotspots for land grab attempts and title forgery.
Land disputes have been a persistent challenge, as exemplified by the case in Wakiso District’s Namayumba Sub-county, where bonafide occupants find themselves entangled in a family feud over land ownership.
The unresolved nature of such conflicts contributes to the larger issue of pending land cases, as highlighted in the 2020/21 Justice, Law and Order Sector (JLOS) annual report, which recorded 31,641 pending land cases countrywide.
To further address the complexities within the land registration process, Minister Nabakooba’s guidelines outline a comprehensive approach, involving due diligence at various administrative levels, consultations with stakeholders, and steps to verify the authenticity of land titles.
The involvement of local leaders, supervised by RDCs and CAOs, aims to provide additional layers of scrutiny and safeguard against fraudulent practices.
The government’s commitment to preventing fraudulent land transactions is evident in the legal opinion of Attorney General Kiryowa Kiwanuka, who communicated that bureaucrats found culpable in formalising fraudulent land transactions would be held personally liable. This departure from the previous practice, where the government bore the brunt of liability, signals a more stringent approach to tackling land-related malpractices.
While some officials, such as Mr. Baker Mugaino, the commissioner of Land Registration, express concerns that these directives might slow down land transactions, others, including Mr. Richard Muganzi of Landcode Initiative, welcome the guidelines as a necessary step to curb fraud and conflicts stemming from irregular land acquisitions.
“The new land registration rules will curb the fraud that has been happening between some groups of individuals. It may be family members who connive with the land ministry officials and issue such titles to give them access to sell the land, hence leading to conflicts,” he said.
Six Steps to Replace Lost Title:
According to the Justice Centres Uganda (JCU), “a genuine land title” is issued by the office of titles in Lands ministry.
A registered owner is issued the original title while the Registry retains a similar version called the White Copy.
In the event, an owner loses/misplaces their copy, or dies, the Lands ministry upon application by the land owner, successor or agent issues a replacement title called a special title/Substitute Certificate of Title.
The process of applying for a special title is outlined below in the Transactions Procedures Series:
Notify the Police
Upon loss or misplacement of a title, a landowner must notify the police and obtain a case reference number.
Have Supporting Documents
These include duplicate certificates of title, a request letter for a substitute title, passport photographs and photocopies of all required documents.
Petition Land Ministry
A landowner submits documentation to the Commissioner of Land Registration for processing of the substitute certificate of title.
