The Ministry of Lands has barred government officials, security agencies, surveyors and private actors from intervening in disputed land matters unless they follow a coordinated and documented legal process, warning that anyone who carries out an unlawful eviction or demolition will face punitive action.
The directive is contained in a circular issued by Ms Judith Nabakooba, the Minister of Lands, Housing and Urban Development, which took effect on Thursday. The circular requires evictions and demolition of structures on contested land to be based only on a verifiable court order issued through due process and implemented in accordance with applicable safeguards, including Presidential Executive Order No. 2 of 2022.
Ms Nabakooba said the measures are intended to curb violence, destruction of property, intimidation, insecurity and disorder associated with land disputes, which she said are also putting unnecessary pressure on courts and law enforcement agencies.
‘From today, no government officer, security agency, surveyor or private actor should intervene in a disputed land matter outside a lawful, coordinated and documented process,’ she said yesterday.
‘Under this circular, I direct as follows: No person may be evicted or structure demolished based on influence, verbal instructions, administrative letters or unverified documents,’ she added.
The minister said the ministry had observed cases in which security personnel were deployed, people threatened with eviction or taken to police, and occupants removed while court cases were still pending.
‘We have been finding challenges where the court processes are still ongoing, meanwhile on ground there is uncoordinated troop movement, people are threatening to evict others, they are taking others to police to make statements, they are evicting people before court has made its final pronouncement and that’s why we are saying we must respect that process,’ Ms Nabakooba said.
Security deployments
Ms Nabakooba said security forces must not be deployed to influence possession or ownership of contested land. Instead, where violence, destruction or threats to life occur, police and other competent agencies should intervene to protect life and property and preserve evidence.
‘Security personnel must not be moved or deployed to influence possession or ownership of disputed land. Where violence, destruction or threats to life occur, police and other competent agencies must intervene promptly and lawfully, protect life and property and preserve evidence,’ she said.
The minister also directed that government officials, political leaders and security officers should not visit disputed land without prior coordination through district or city security committees.
She further restricted non-court-authorised locus visits and surveys.
According to the circular, a locus visit that is not ordered by court requires prior written approval from the Minister of State for Lands or clearance from the district or city security committee acting collectively.
This means that an individual Resident District Commissioner or Resident City Commissioner cannot, on their own, authorise such an intervention.
‘Control locus visits and surveys except where expressly sanctioned by a court. Non-court locus visits require the Minister of State for Lands’ prior written approval or clearance from the district or city security committee as a committee, not the RDC or RCC as a single person,’ Ms Nabakooba said.
She added that survey activities on disputed land must be traceable and coordinated and should not be used to confuse, dispossess or prejudice occupants.
Private security guards and other private actors were also barred from enforcing disputed land claims.
Rising complaints
The directive comes amid a steady stream of complaints received by the Ministry of Lands over alleged land grabbing and unlawful evictions.
Mr Joseph Ssembatya, the Commissioner for Land Administration at the Ministry of Lands, Housing and Urban Development, said the ministry receives between 20 and 30 complaints related to land grabbing and evictions every week.
‘Internally, we have structures that are dealing with disputes that keep emerging every other day. Of course, there are some notorious ones that we’ve kind of resolved, and there are yet more that we’re yet to resolve,’ Mr Ssembatya said.
Ms Nabakooba said the ministry will establish a dispute resolution desk to receive and coordinate eligible complaints, prevent duplication and refer cases to the agencies best placed to investigate or act.
She said every intervention under the new arrangement must produce a verifiable report.
Investigations assigned by the minister will have to be completed within three months unless an extension is given in writing.
Agents unable to execute an assignment must return it within two weeks and explain why they cannot act.
Where necessary and permitted by law, the commissioner may lodge a caveat to protect disputed land while an inquiry or determination is pending.
The minister also directed that information received under the circular be centrally recorded and treated as confidential for the official purpose for which it was provided.
Special certificates suspended
In a separate measure, the minister has suspended for three months the issuance of special certificates of title to people whose duplicate land titles have been lost, destroyed or damaged.
Ms Nabakooba said the suspension follows concerns over fraud, corruption and manipulation in the process of obtaining replacement titles.
She said the three-month suspension would give the ministry time to investigate the reported abuses, strengthen verification procedures and introduce additional safeguards.
Ms Nabakooba said the ministry would work with investigative agencies during the review.
She said the suspension should not be interpreted as a withdrawal of land registration services, adding that the Office of Titles had been directed to notify courts about the measure.
‘I have also instructed the Office of Titles to notify courts of law about this development so that when clients and stakeholders take it as refusal to provide land services during these three months, they are aware of what is going on,’ she added.
How replacement titles are issued
A special certificate of title is issued by the registrar of titles when the duplicate certificate has been lost, destroyed or damaged to the extent that it can no longer be used.
Under the existing procedure, an applicant submits an application for a special certificate, a statutory declaration duly completed and witnessed by a Commissioner for Oaths, and two passport photographs.
The applicant is also required to pay Shs15,000 in registration fees and Shs10,000 in stamp duty.
The application and supporting documents are submitted to the Department of Land Registration, where the documents are processed and a copy stamped ‘Received’ is returned to the applicant.
After five working days, the applicant checks with the department for a letter to the Uganda Gazette notifying the public of the proposed issuance of the special certificate.
The public notification runs for 30 days. After publication, the applicant presents proof of the Gazette notice to the Department of Land Registration for verification.
The ministry then proceeds with issuance of the special certificate, which is collected after a further 10 days.
Ms Nabakooba said the technical team to be constituted during the suspension will examine the entire process and recommend measures to protect registered landowners and strengthen the integrity of the land register.
She said the government recognises certificates of title as critical legal documents relied upon by citizens, courts, financial institutions, investors and property buyers.