Govt issues new rules to address land fraud

A raft of new guidelines in the land sector will come into force as part of efforts to combat widespread fraud in the sector. The government hopes the guidelines will firmly draw a line in the sand as it looks to tackle long-standing issues that have blighted the country’s land regime.

One of the prevalent forms of land-related fraud involves the issuance of multiple titles for the same piece of land. This practice typically occurs within the land registry, which is responsible for issuing certificates of title. Due to errors or intentional misconduct, land registries may inadvertently issue more than one title for the same parcel of land.

This publication has seen a May 2 internal memo addressed to all registrars of titles and ministry zonal office land officers directing them on “prioritising of inspection reports as integral part of first registration.”

In the internal memo, Baker Mugaino, the acting commissioner of Land Registration at the Ministry of Lands, acknowledges the widespread occurrence of land fraud in the country and suggests the need to “enhance the credibility and transparency of our registration process and safeguard the property rights of all stakeholders.”

Comprehensive land inspection, he says, shall for example, enable officials of the land ministry to validate customary claims and ensure that information recorded in the registry is undisputed. Such proactive actions, he adds, will help prevent future conflicts, ensure legal compliance, and address potential irregularities at the outset, thus saving time and unnecessary litigations.

“The Office of Titles has received numerous petitions of sitting tenants/customary owners requesting for cancellation of titles on the ground that the title registration facilitation procedure didn’t comply with Section 64 of the Land Act and Regulation 21 of the Land Regulations, 2004, in particular that the Area Land Committee did not visit the land, have a record of the proceedings and adjudicate the land rights to ensure that the applicants are the non-registered land owners,” he writes.

Land inspection

Mr Mugaino highlights the role of land inspection in furnishing details and insights regarding the features of a specific land undergoing registration. This process, he notes, involves visual inspections, measurement and research to ensure compliance with the legal regime to minimise registration irregularities and inaccuracies in ownership records.

The acting commissioner, Land Inspectorate, has been tasked with the responsibility of ensuring compliance by ensuring that land officers ensure that “Land Inspection Reports and physical planning forms” are complete in their purpose before forwarding for registration.

In the new guidelines, the land officers at the Lands ministry zonal offices should ensure that on every fresh allocation the minutes of the District Land Board verify that the board is satisfied that it has complied with the detailed requirements of Regulation 21 of the Land Regulation 2004.

Regulation 21 outlines the procedural requirements for committee hearings, including conducting hearings in public with attention to decorum, allowing all parties to appear in person or by representative, considering evidence on land boundaries, giving particular regard to the interests of women, children, and persons with disabilities, preparing a comprehensive report with findings and recommendations, and submitting reports to the board monthly, among other provisions.

According to its website, the Lands Ministry boasts at least 22 zonal offices nationwide, with Wakiso District housing two of these offices: the Wakiso Busiro and the Wakiso Kyadondo zonal offices.

When it comes to leases, the new guidelines require the land officer, secretary of the land board, or district surveyor to have inspected the land, perused the topographic maps and cadaster, and satisfied themselves that the land is available for leasing through an inspection report.

Other guideposts

The district physical planning committee should also have inspected the land and satisfied itself with land usage and zoning through the issuance of Land Form 3 under the Physical Planning Act 2010, signed by the chairman and secretary of the District Physical Planning Committee. Land Form 3 provides for application for change of land use.

Upon consultation, Mr Mugaino notes that all first registrations of 250 hectares (617 acres) and above should be inspected by registrars of title before registration. On conversion of blue page to white page, the field officer (surveyor) should be able to indicate in the survey report whether the applicant is in physical occupation. If the applicant is not in possession, then any conversion to white page is subject to the unregistered interests on the land.

Doubts, however, persist about the effectiveness of the new guidelines, with the main challenge per observers lying in ensuring successful implementation and enforcement.

In January, the government introduced fresh guidelines for obtaining special certificates of title in order to curb fraudulent transactions. This move came after another directive issued by Lands minister Judith Nabakooba on November 28, 2023. The directive instructed land registration commissioners, survey and mapping officials, and all registrars to conduct on-site visits for physical diligence before granting special titles. The issuance of special titles, she noted, has become increasingly contentious due to conflicting claims over land ownership.

Uganda’s land regime

Land registrars in Uganda collaborate with leaders from village to district levels to conduct due diligence. This process is supervised by Resident District Commissioners (RDCs) and Chief Administrative Officers (CAOs). The goal is to ascertain true ownership, identify potential duplications, and ensure the legitimacy of land titles before issuance.

The central and northern regions of Uganda, particularly under the Mailo system, have experienced higher instances of land disputes. Accusations have been levelled against bureaucrats involved in land matters.

Land is a critical concern in Uganda, playing a pivotal role in economic development. It holds significance for the Ugandan Parliament, as it is central to social, political, and economic life across the country. Despite regional diversity, agriculture, natural resource use, and other land-based activities remain essential for livelihoods across the nation

In an interview with Saturday Monitor, Mr Richard Muganzi of Landcode Initiative welcomed the new guidelines, reasoning that they, to some extent, may help.

“The Ministry of Lands, Housing, and Urban Development has always had a set of procedures in place that should be followed when undertaking registration of land. Among other key requirements is the need to have an inspection report that clearly provides information and insights about characteristics of a particular land under registration,” he said.

“I think the need for more scrutiny in respect of the first registration of 250 hectares (about 618 acres) and above is that such sizeable land is likely to entail competing, overlapping and conflicting interests/rights where registrars of title can make deeper analysis than most of the local structures in place. This measure can, to some extent, reduce the increasing occurrence of abuses, irregularities, and inaccuracies in land registration,” he added.

Concerns

A lawyer actively involved in the sector but who is not authorised to speak had this to say: “This memo brings to light what has been happening throughout the country.  It is true some people obtain land titles without ever visiting the land in question. Inspecting the land or not is, in my view, part of the problem. The bigger problem lies with politicians who want to obtain political capital over each land dispute…”

He added: “Then some other cancer that is eating this nation are the RDCs. We have the clear provisions of the law—they mandate the ALCs and other surveyors to act as he states in the guidelines - if there has been non-compliance with the law, what makes you think the guidelines will work?”

The lawyer said they think the new guidelines will work for a few days and then “normalcy” will return.

“If we do away with corruption, ‘godfathers’ and politics the guidelines wouldn’t be necessary. The success of these guidelines depends on many players, not just the registrars that are mentioned,” the lawyer told this publication.

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