By Kabuye Ronald
The Acting Commissioner for Land Registration, Mugaino Baker, has issued new directives regarding land titles that have drawn accusations of illegal possession by the National Social Security Fund (NSSF) from customary landowners. In a report dated April 22, 2024, Commissioner Mugaino, leveraging powers granted under the Land Act, has recalled the land titles for plots FRV 402 Folio 13 (Plots 274, 323, and 1322) to correct errors and rectify boundary issues.
The action was prompted by complaints from customary landowners who claimed that NSSF was unlawfully occupying their land. The commissioner’s report mandates the recall and re-survey of the mentioned plots to ensure they do not overlap with land belonging to the complainants. Additionally, Mugaino has urged the NSSF to seek an amicable resolution with the customary owners to lawfully acquire any disputed land.
In his order, the Commissioner stated that NSSF and state agencies should initiate criminal proceedings against any individuals found to be criminally liable for fraudulent activities related to the land titles. He also directed the Commissioner for Surveys and Mapping to increase surveillance, oversight, and supervision of the Survey Register to prevent double titling and ensure proper compliance with survey standards.
The commissioner’s findings revealed several discrepancies in the land titles and ownership. The NSSF purchased land from Uganda Company Holdings Ltd in 2013, but the shareholders of this company were all foreigners, which is prohibited by the 1995 Constitution of the Republic of Uganda and the Land Act. These laws forbid foreigners from holding Freehold or Mailo proprietary interest in land, raising questions about the validity of the land transfer to NSSF.
Furthermore, the investigation uncovered irregularities in the amalgamation of titles, suggesting that the necessary procedures were not followed, leading to overlapping plots and boundary issues. The Commissioner noted that NSSF failed to explain how a small plot measuring 0.797 acres could lead to the creation of a significantly larger plot (1322) measuring 186.6 acres.
These revelations came to light after the Commissioner received a letter from the Attorney General in November 2022, seeking clarification on the rightful ownership of the land in question. This prompted a public hearing involving various state agencies, including the Inspectorate of Government, the Directorate of Criminal Investigation Police, the Statehouse Anti-Corruption Unit, and others, which eventually led to the issuance of the commissioner’s orders.
The orders have been issued just days after the Makindye Magistrates Court acquitted five individuals accused of fraudulent procurement of titles on the contested land. The acquitted individuals are Bogere Moses, Lubowa Muhammad Kityo, Namanya Betty, Nakanwagi Daphine, and Onyango Patrick.
As this story continues to unfold, the implications for land registration, ownership rights, and the integrity of the process in Uganda are sure to be closely monitored by stakeholders and the public. The resolution of these issues could have far-reaching consequences for customary landowners, the NSSF, and the broader landscape of land registration in Uganda.
