President’s ban on land evictions is for common good

In short, the directives which banned all land evictions that are not cleared by respective District Security Committees (DSCs) do not upset the Constitutional or legal framework and there is no ground challenge them. The directives serve to streamline the process of carrying out evictions and removing such powers from the hands of a few individuals who can and have been abusing such powers. 

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In issuing the directive, President Museveni was using his powers under Articles 98(1) and 99(1) to ensure good governance and protect the Constitution. For legal accountability purposes, the President invoked these provisions to establish an unchallengeable basis for his orders. This served to give the officials concerned confidence to carry out the directives without fear of any repercussions.

The President was resolving a long standing operational lapse that caused insecurity and social upheaval and has been complained about for some time. The media has been full of stories and scenes of illegal and violent evictions and pending evictions that threatened to break down the peace and quiet of various places.

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Note that there are two types of evictions that were causing problems; there are those evictions that were illegal and procured fraudulently through a corrupt court process or where the various stakeholders, including the buyer and seller were not in full agreement. Then, there were the legal evictions carried out wrongly without notifying local authorities to oversee the exercise. Both categories have been posing a great danger to peace and security and polarising relations between the landed and the landless.

With H.E’s new directive, tenants have a shield but, also, the claims of landlords and new buyers are secured since all parties would have to reach an understanding before physical possession of any space is accomplished.

For avoidance of doubt, the DSCs are composed of RDCs and RCCs who are the heads.

Other members are a representatives from prisons, District Police Commander (DPC), District Internal Security Officer (DISO), a UPDF representative who is the Intelligence Officer, Chief Administrative Officer (CAO), Town Clerk, Mayor and Resident State Attorney (RSA). The composition of DSCs is such that all security organs and administrative organs are represented. This enables wide consultations that consider all angles to a land matter before consent is procured for an eviction to take place, if need be.

Members of DSCs now know that any eviction that they have not cleared or cleared irregularly will backfire on them.  Officials will not negligently or corruptly look on as violent situations explode in their respective jurisdictions.

In the same communication, the President requested His Lordship the Chief Justice to prevail on Justices and Magistrates from violating the Constitution by illegally evicting people in collusion with land grabbers. He further directed the Minister of Lands to inform the Attorney General about such abuses by judicial officers so that legal action can be taken on them.

In so doing, H.E did not usurp court’s powers but appealed to the head of the bench to ensure that his officers dispense of justice as fairly as possible in land matters.

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With the President’s new directive and appeal to the Chief Justice in this regard, no presiding judicial officer should have interest and pass a decision in a land matter without exhaustively considering the facts on the ground. The indulgence of the learned Chief Justice will make a great difference in how land matters are approached in the Judiciary.

Mr Faruk Kirunda is the Deputy Presidential Press Secretary.