Bibanja holders should also get land titles - Chief Justice

Chief Justice Alfonse Owiny-Dollo has said bonafide occupants, also known as bibanja holders, should hold titles of the land they live on.

The head of the Judiciary reasoned that this is because there are many absentee landlords in the country.

“The absentee landlords hold the real land titles but have never set foot on their so-called properties. Meanwhile, families who have lived on and cultivated these lands for generations lack ownership. The solution lies in the Land Fund established to buy out such absentee owners and restore titles to the rightful occupants,” he said.

The Chief Justice made the remarks at the swearing-in ceremony for the chairperson of the Uganda Land Commission (ULC), Prof Pen Mogi Nyeko, and other members of the commission, who were vetted on September 3. The ceremony happened yesterday at the Supreme Court premises in Kampala.

After congratulating the chairperson and the other Commission members, Justice Owiny-Dollo urged the government to prioritise the Land Fund to support Ugandans whose land is burdened by outdated landholding systems, granting them rightful ownership and freedom.

In this regard, Ms Judith Nabakooba, the minister of Lands, Housing and Urban Development, said when managing the Land Fund, especially regarding compensating absentee landlords, it is crucial that due diligence is performed.

This, she said, would prevent fraud and ensure prompt compensation for the rightful beneficiaries.

“Your vigilance in this area will directly contribute to addressing historical land injustices and fostering justice and reconciliation among our communities,” Ms Nabakooba said.

The responsibility, Prof Nyeko noted, was a weighty one since land conflicts, central to Uganda’s history and development, often find their way into the courts.

Recognising the legal complexities involved, he pledged that the Commission’s approach would be fair, thorough, and rooted in due diligence.

“The commitment is not only to resolve current conflicts but to establish a system that sustains peace and promotes equitable development for future generations,” The new ULC chairperson said.

Chief Justice Owiny-Dollo noted that this appointment has arrived at a time when public lands--wetlands, and forest reserves, among others, have been destroyed.

“You must weigh the call for justice against those who misuse their power to take what belongs to the people. Protecting public land is not merely about managing resources; it is about upholding justice and serving as stewards for future generations,” the Chief Justice said.

To this, Prof Nyeko said with strict measures to prevent encroachment, the Commission seeks to safeguard land as a vital resource for Uganda’s future.

“This mission the Commission has is more than a job. It is a calling, driven by the collective aspiration to transform Uganda’s land landscape into a source of development and peace,” he noted.

The ULC members are Asuman Kyafu, Augustine Rukiika Bujara, Stella Acan, Rosemary Bikaako Tumusiime, Dennis M. Nduhura and Andrew Nyumba, who has been the acting Secretary of the ULC since 2022.

ABOUT ULC CHAIRPERSON

Nyeko Pen-Mogi has been the interim chairperson of Uganda Land Commission (ULC) and was appointed as a member of the Commission in August 2019. He also served as vice chancellor of Gulu University between 2001-2007, board chairperson of the National Environment Management Authority, among others