Prime
Lawyers query Museveni directive on land evictions
President Museveni (left) recently shares a light moment with the executive members of the Uganda Law Society led by Ms Pheona Nabasa Wall (third right) at State House, Entebbe. PHOTO/ COURTESY
What you need to know:
- An illegal land eviction is any forcible removal of a tenant—directly or indirectly—without prior court approval.
The Uganda Law Society (ULS) has said President Museveni’s directive that empowers a district security committee to ascertain whether a court order for eviction can be carried out undermines the Judiciary.
“We [lawyers] feel that this directive…heavily undermines the independence and effectiveness of the Judiciary,” Ms Pheona Nabasa Wall, the ULS president said, adding that it will result in “people losing faith in the court system.”
In a February 28 letter addressed to Prime Minister Robinah Nabbanja, President Museveni ordered that “no eviction should be allowed to take place in a district without the district security committee, chaired by the RDCs, meeting, looking and consulting directly the minister of lands.”
He added: “If this is not done and evictions take place, I will hold all the members of the district security committee, except the UPDF representative because he/she may not know the substance of the issues involved, responsible and I will take action against all of them.”
The President also asked the Chief Justice to prevail over judges and magistrates who issue eviction orders on grounds that some of them collude with land grabbers.
“I request His Lordship the Chief Justice to prevail on his magistrates and judges from violating the Constitution by illegally evicting our people in collation with the land grabbers,” Mr Museveni directed.
He added: “I further direct the minister of Lands to inform the Attorney General about such abuses by the judicial officers so that legal action can be taken on them.”
An illegal land eviction is any forcible removal of a tenant—directly or indirectly—without prior court approval. It involves the threat or use of violence, a landlord’s attempt to make land unliveable in the hope that the tenants will leave.
While land grabs have become widespread in the country, Ms Wall insists that the district security committees should only play a watchdog role.
“This is for security purposes; it should not be for the purposes of executing court orders. We propose that these people be notified, they keep an eye to ensure the evictions are legally carried out, in the right hours, in the right times as prescribed by the law, but we should not have them interfering with court orders,” she said.
Ms Wall stated that the executive should instead offer protection when evictions are being carried out.
“It is a considered opinion that we need to follow the law when it comes to land evictions…the role of the Executive is to enforce and protect the enforcement of the law…the role of the Judiciary is coming up with court orders and making informed decisions which should be encouraged and not deterred by the Executive,” she concluded.
