The government has issued a set of guidelines that must be followed during land evictions, a move officials say is aimed at curbing the spate of illegal evictions that are often orchestrated by unscrupulous land dealers targeting the Bibanja holders in various parts of the country.
Ms Judith Nabakooba, the minister of Land, Housing, and Urban Development, in the October 31 letter, asked all Resident District/City Commissioners to implement the guidelines and ensure that land grabbing is stopped.
‘…this is therefore, to direct you to strictly comply with the above mentioned guidelines while dealing with court sanctioned evictions and non-court-sanctioned (illegal) evictions to curb the rampant land evictions and property demolitions that affect citizens’ tenure security,’ the letter reads in part.
According to the guidelines seen by the Monitor, the minister ordered that every eviction or demolition shall be preceded by a valid court order specifying the properties and properly identifying the persons implementing it. Area police, and or local authorities, she said, shall be notified and be present during the implementation.
‘There shall be notice of eviction or demolition issued to persons to be affected for not less than ninety (90) days and not more than one hundred twenty (120) days before eviction or demolition,’ the letter states. It adds: ‘Every eviction or demolition shall be carried out in a manner that respects and upholds human rights and dignity. Provision of storage facilities for eviction and demolition properties shall be emphasised.’
The minister also guided that all evictions or demolition shall only be carried out between 8am to 6pm, ‘and no eviction or demolition shall be carried out during weekends or public holidays’.
She further banned any form of non-court-sanctioned evictions, which she said are always a result of suspicious land transactions, subdivisions on disputed land, transfers of registered land with tenants, and evictions by administrators, executors, and beneficiaries of estates.
‘The current legal framework prohibits any eviction that is not sanctioned by the court. The rights of sitting tenants are determined by the court before any purported eviction,’ the letter read, in part.
It adds: ‘All applications for subdivisions shall attach a copy of an up-to-date orthophoto supported by a duly registered Statutory Declaration in proof of the fact that the land has no tenants or the tenants thereon were afforded an opportunity to purchase six (6) months prior to the application or that the application is duly consented to by them.’
On the issue of transfer of tenanted land, Ms Nabakooba asked the RDCs and RCCs to ensure Section 36 (3) of the Land Act Cap 236, which requires the registered land owner to give the first option of purchase to the sitting tenant(s), is followed. She said this statutory requirement is always ignored, resulting in rampant illegal evictions.
‘Where the acreage exceeds fifty (50) decimals of an acre in the central region or one (1) acre in other regions, the vendor or purchaser of the land shall submit a copy of a duly registered statutory declaration verifying the number of tenants on the land, the extent of developments thereon, proof of offer of opportunity to purchase to the sitting tenants six months prior to the application, voluntary consent (if any) to the subdivision and an up to date orthophoto of the land to the Land Officer at the respective Ministry Zonal Office,’ she said.
The minister further guided on the evictions orchestrated by heirs, administrators, executors and beneficiaries of estates, where she noted a growing concern where beneficial owners, executors or administrators of estates evicting sitting tenants from inherited properties.
‘The beneficial owner (s), heir(s), executor(s) or administrator (s) of an estate are statutorily required to acknowledge the subsisting interests (legal or equitable) of the sitting tenants in the estate in issue. Should misunderstanding emerge between the two, the heir, executor or administrator should engage the sitting tenants on the land with the view of amicably regularising their relationship /interests on the land in issue or agreeing to the sharing formula. This may be supported by a mediator,’ she said.
These guidelines come at a time when the country continues to grapple with challenges brought by illegal evictions. For example, in Namayumba Sub-county, it took the intervention of Ms Nabakooba and later court to save over 5,000 residents who were facing eviction following a dispute involving over 1,000 acres of land pitting them against the family of the late Gabdyeri Lubajja. The case is still ongoing in the High Court and the residents have since appealed to President Museveni to intervene. Mr Museveni, in June 2024, directed the Lands ministry to work hard to eliminate illegal land evictions countrywide.