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Govt resurrects emotive Land Acquisition Bill.



photo credit: Daily Monitor

President Museveni and then Lands State Minister Aidah Nantaba in Kayunga in June 2021 where the President had gone to mediate a land dispute. The government is set to reintroduce the compulsory Land Acquisition Bill. 

The government is set to reintroduce the controversial Land Acquisition Bill that, among others, seeks to enable compulsory land acquisition for strategic government development projects.
The Bill is among the 62 proposed legislations presented by President Museveni during the State-of-the-Nation Address on Tuesday that are to be introduced by government to the 11th Parliament during its second session that started on June 7.

According to the Ministry of Lands, the object of the draft Bill is to allow the government to acquire land for timely implementation of public works and end years of prolonged acquisition processes that have in the past cost the country billions of shillings and hindered essential projects.
The idea of the government to take over even privately owned land for public works dates back to 2017, and has often raised a raging debate across the political divide that remains unsettled.
 READ: Mailo land tenure debate sparks storm

Buganda premier Charles Peter Mayiga vowed to oppose the new proposed land law that seeks to provide for compulsory acquisition of land for government development projects, warning that it is a ploy to grab people’s land.
“As Buganda Kingdom, we shall not allow any law on land that seeks to grab land from Kabaka’s subjects and undermine Kabaka’s authority over land. They [government] should stop provoking us,”Mr Mayiga told the Lukiiko (Buganda parliament).

The property law
Article 26(2) of the Constitution stipulates that: “No person shall be compulsorily deprived of property or any interest in right over property of any description except where taking possession is necessary for public use and, or, is made under the law after prompt payment of fair and adequate compensation.”
However, in 2017, the government tabled the controversial Constitution Amendment Bill, 2017 that sought, among other things,  to amend Article 26 of the Constitution to allow government “compulsory acquisition” of private land for national projects and deposit in court the compensation money it deems appropriate regardless of whether the owner consents to it or not.

In the same year, President Museveni, conducted a countrywide radio tour to face the people with the aim of softening the public to embrace the proposed amendments.
Many, however, remained unyielding.  At the time, most of the Cabinet ministers as well as NRM legislators remained silent on the matter.
But the attempts to amend Article 26, which safeguards private land until adequate and timely compensation is made, were rejected by the 10th Parliament, and the government retreated to re-strategise.

Mr Dennis Obbo, the spokesperson at the Ministry of Lands, yesterday told Daily Monitor that the draft document is with the Ministry of Justice for drafting of a new Bill, after consultations with stakeholders, across the country.
Without delving into the details of the new amendments to the proposed law, Mr Obbo said some changes have been made to ensure the processes are within the confines of the Supreme Law.
“It is important we do not delay capital investments, which has been the case. Government in the past has lost $27m (Shs101b) per year in servicing debts because of such acquisition delays. We have looked at a win-win situation, listen to the owner of the land but also make sure government does not lose out,” Mr Obbo said.
The new Bill will maintain the deposit of compensation money on an escrow account in case a land owner has reservations about the amount they are offered.

The compensation rates will be determined by government valuer, according to the Valuation Bill, 2022, another attendant legislation that seeks to harmonise the acquisition process.
The Land Acquisition Bill also established a tribunal, headed by a High Court Judge to handle any disputes. Such a complaint must be heard and decided on within 30 days, and an appeal in 45 days.
In case Parliament approves the controversial amendments, Mr Obbo reiterated that land owners will be given a notice, allowed six months to vacate the land in question, and the government will only take over the land after compensation, or settlement in case of disputes.

Other inclusions
The draft Bill, according to sources in the Attorney General’s chambers, will also provide for resettlement and relocation packages as opposed to compensation.
The government will also table the Land Act Amendment Bill, 2022 that seeks to address land issues including the rampant eviction of bibanja holders and reorganise the current land tenure systems.

A sub-committee of the Cabinet chaired by Deputy Prime minister, Gen Moses Ali, is currently studying the report by the Justice Catherine Bamugemereire Commission to inform major amendments to streamline the land business.
The Gen Ali committee is reported to be under strict instructions to come up with “incontrovertible amendments” that are needed to stop rampant illegal evictions in the country.
Government will also reintroduce the Health Insurance Bill that elapsed with the 10th Parliament. The legislation  seeks to provide universal healthcare to all Ugandans.

Bills govt will present for legislation in 2022/2023 

1. The Uganda Peoples’ Defence Forces Act (Amendment) Bill 2022
2. The Social Impact Assessment and Accountability Bill
3. Uganda National Kiswahili Council Bill
4. The Employment (Amendment) Bill
5. The Occupational Safety and Health (Amendment) Bill
6. The Workers Compensation (Amend) Bill
7. Labour Unions (Amendment) Bill
8. The Culture and Creative Bill
9. The Veterinary Practitioners Bill
10. Animal Diseases Amendment Bill
11. Companies (Amendment) Bill, 2022.

12. The Insolvency (Amendment) Bill, 2022.
13. The Law Revision (Miscellaneous Amendments) Bill, 2022.
14. Energy Efficiency and Conservation Bill
15. Amendment of Atomic Energy Act,2008
16. Building Substances Bill,2022
17. The National Health Insurance Scheme Bill,2019
18. The Food and Drug Authority Bill,2017
19. Health Professional Council’s Authority Bill,2016
20. The Museums and Monuments Bill 2022
21. The Nakivubo War Memorial Stadium (Amendment) Bill.
22. Business Technical Vocational Education and Training (Amendment) Bill

23. The National Teachers’ Bill.
24. The Physical Activity and Sports Bill
25. The Local Government (Amend) Bill
26. The Uganda Communication (Amendment) Bill
27. National Information Technology (Amendment)Bill
28. Engineers Registration (Amend) Bill.
29. Uganda Railways Corporation (Amendment) Bill
30. Land Acquisition Bill,2022
31. Valuation Bill,2022
32. Real Estates Bill,2022
33. Land Act (Amendment) Bill,2022

34. Anti-Terrorism (Amendment) Bill
35. Small Arms and Light Weapons Control Bill
36. The Explosives Bill.
37. Transitional Justice Bill
38. Microfinance Deposit Taking Institutions (Amendment) Bill,2020
39. Annual Macroeconomic and Fiscal Performance Report FY 2021/2022
40. National Budget Framework Paper for FY 2023/2024
41. Semi – Annual Budget Performance Report FY 2022/2023.
42. Semi – Annual Macroeconomic and Fiscal Performance Report FY2022/2023

43. Annual Budget Estimates FY 2023/2024
44. The Appropriation Bill FY 2023/2024
45. Treasury Memoranda FY 2023/2024
46. Corrigenda FY 2023/24
47. Income Tax (Amendment)Bill,2023
48. Excise Duty(Amendment)Bill,2023
49. The Value Added Tax (Amend) Bill, 2023
50. The Stamps Duty (Amendment) Bill, 2023
51. Traffic and Road Safety (Amendment)Bill, 2023
52. Lotteries and Gaming(Amendment)Bill,2023
53. The Tax Procedures Code (Amendment) Bill 2023
54. Tax Appeals Tribunal(Amendment)Bill,2023
55. The Finance (Amendment) Bill, 2023
56. Budget Speech for FY 2023/2024.

57.The Supplementary Appropriation Bill FY 2022/2023
58. The Uganda National Council of Science and Technology (Amendment) Bill
59. Competition Bill
60. Consumer Protection Bill
61. Legal Metrology Bill
62. Industrial and Scientific Metrology Bill

Source: Daily Monitor

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Cosase wants Kamya, Kasaija punished over Shs10b saga



Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (Cosase) has ordered for an inquest and possible prosecution of ombudsman Beti Kamya and Finance minister Matia Kasaija.

The two government officials have been red flagged for “illegally clearing” the release of Shs10.6b that was paid to ghost claimants in 2020.

The Cosase report that was presented to the House on Thursday, also recommends that Mr Patrick Ocailap, the Deputy Secretary to Treasury, be “punished” for not thoroughly scrutinising the request for the release of the money.

Mr Ocailap was deemed to be at fault because he was acting on behalf of the then Secretary to the Treasury, Mr Keith Muhakanizi, who was at the time out of the country.

“Mr Matia Kasaija, Minister of Finance, Planning and Economic Development, and Mr Patrick Ocailap, the Deputy Permanent  Secretary and Secretary to the Treasury, should be investigated for their role in the Shs10.6b supplementary process,” the report, which also pins officials from Uganda Land Commission (ULC), reads in part, adding in another passage; “Management admitted that although the…supplementary was received and spent by ULC, the Commission did not initiate the request for the said money.”

Finance minister Matia Kasaija appears before Cosase on May 31, 2022.

It further revealed that Ms Beatrice Byenkya, the ULC chairperson, informed Cosase that she was never “consulted at all regarding the request for the supplementary budget, and neither was the Commission.”

ULC officials were also faulted for “conniving” with lawyer Richard Buzibira to forge court documents in regard to compensation.

“The lawyers from Lubega, Buzibira and Company Advocates should be prosecuted for aiding the fraudulent transaction,” the report states, adding, “Disciplinary action should be taken against Denis Kahabura, the registrar of Kibaale, for issuing a title based on forged documents.”

The crux of the matter was that the Shs10.6b release was effected by the Finance ministry following a request of Ms Kamya in her capacity as Lands minister at the time.

Cosase revealed that—without providing proof—the sidestepping of the ULC was informed by “a presidential directive.”

The report was stinging in its recommendation of punishments for ULC officials deemed to be in cahoots.

“Ms Barbara Imaryo, the then accounting officer, and Mr Siraje Isabirye, the head of accounts, should be prosecuted in regard to the ghost payments in the supplementary,” the report reads.

It adds: “Uganda police should work alongside Interpol to have Barbara Imaryo brought back into the country to face prosecution.”

During its investigations, the Committee also established that the entity is under staffed, besides the high staff turnover challenges stifling work at the entity.

“The Committee was concerned that ULC has no legal department despite the need for frequent legal advice and the high number of litigation cases. The top management has officers in acting capacity, while a number of lower staff are missing,” the report discovered.

Specifically, it was established that the “staff approved structure is 75; however, only 33 are in post and 42 positions are vacant. This indicates a staff workforce of 44 percent available to execute the Commission mandate.”

Legislators were also dismayed to learn that “there is a high turnover of accounting officers. For instance, within five years, the Commission—the report spelt out—“had four different accounting officers.”

Ombudsman Kamya’s troubles stemmed from the Auditor General’s report of Financial Year 2020/2021 that unearthed the ghost claimants compensated by the ULC.

Attempts by Sunday Monitor to get a comment from the ombudsman about recommendations of the report proved futile by press time. The Finance minister, meanwhile, told us “they are most welcome to investigate. That’s all I can say.”

Original Source: Daily Monitor

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Media For Change Network

Kikuube residents say Museveni misled on Kyangwali land.



President Museveni and Land Commission chairperson Catherine Bamugemereire in Lusanja, Nangabo Subcounty in Wakiso District settling a land dispute. Several cases have cropped up across the country.

Kyangwali , Uganda.The more than 1,000 people evicted from their ancestral land in Kyangwali sub-county in Kikuube district are protesting a letter authored by President Yoweri Kaguta Museveni referring to them as liars who want to steal government land.

The residents who have pitched camp at the office of the Kikuube Resident District Commissioner-RDC since February state that they are the genuine owners of over 36 square kilometres of land which is now under dispute between them and the Kyangwali Refugee Settlement. They are mainly women and children who were evicted from the villages of Bukinda, Kavule, Kyeya, Bwizibwera Nyaruhanga, Kabirizi, Nyamigisa and Katoma among others, in the Kyangwali sub-county.

In a letter dated July 17, 2022, President Museveni referred to the evicted residents as liars who want to steal government land. In the letter addressed to Prime Minister Robinah Nabbanja, President Museveni stated that he got a report from Brigadier Henry Isoke of the State House Anti-corruption Unit indicating that the Kingdom of Bunyoro Kitara donated 60 square miles of land in 1960 for the purpose of helping the refugees and foreigners coming to Bunyoro.

He added that back then, very few Banyoro and Batoro were in the area adding that most of the claimants are liars. He says that some years ago, former Prime Minister Dr Ruhakana Rugunda proposed a soft landing to deduct 10 square miles from the government land to settle the residents. The arrangement would give eight square miles to the ones from far away and two square miles to the indigenous Banyoro and Batooro with each family getting 2.5 acres.

He has directed the Prime Minister to order the evictees to accept the 2.5 acres ex-gratia allocated to each family or they forfeit even that one and stop disturbing public peace with their lies. According to Museveni, it is not good to get in the habit of stealing government land or falsely claiming other peoples’ land.

But the aggrieved residents say that the president is being misled about the conflict adding that most of the people he sends on fact-finding missions about the land go to the area when they are already compromised and feed him with wrong information.

Laurencio Tibesigwa, 70, one of the affected residents explains that his grandparents settled on the land in the 1950s, long before the said acquisition by the government and wonders how the government came to acquire the same land. He demands that the president visits the area to establish the truth about the said land.

Justine Kusiima, 73, another of the residents says that people who have been sent by the president to investigate the conflict have fed him with wrong information adding that only the president can get the correct information about the land in question.

Staratori Mutagamba, 65, also a resident on the contested land says that the president’s letter has reignited the untold suffering they have gone through for the past 13 years yet they thought that he who would be their saviour and resettle them on their ancestral land.

Officials from the settlement and the Office of the Prime Minister have been feuding with the residents since 2013 over the ownership of the land in question. In September 2013, the officials from the Office of the Prime Minister backed by the police and UPDF evicted more than 60,000 people from the contested land and resettled Congolese refugees on the land.

The residents were forced to settle in camps in Kyeya village in Kyangwali sub-county under very poor conditions where they have stayed to date. In 2016 and 2018, President Museveni ordered that the evicted residents be resettled on their ancestral land.

In October 2021, Prime Minister Nabbanja halted all the activities by her office on the contested land.   This was during her visit to the area to assess the condition of the evictees where she discovered that some officials from the OPM and Kyangwali refugee settlement area had connived to erect structures for refugees on the contested land, planted crops like beans, maize, cassava, bananas and groundnuts among others.

According to Nabbanja, this could be a move by some OPM and Kyangwali refugee settlement area officials to fraudulently grab the land from locals neighbouring the settlement. She ordered the Minister for disaster preparedness, the Camp commandant of Kyangwali refugee’s settlement area, Kikuube District Police commander-DPC and Resident district commissioner-RDC to ensure that no more activity takes place on the contested land until investigations into the wrangles are completed.

Source: The Independent

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Atiak sugarcane out-growers seek pay



Amuru District chairman Michael Lakony (left) speaks to National Agriculture Advisory Services executive director Samuel Mugasi at Atiak Sufar Factory in 2021.

On Monday, the farmers under Atiak Sugar Outgrowers’ Cooperative Scheme told journalists in Gulu City that they had also petitioned Parliament over the matter.

It is established that the claimants, who are also Lord’s Resistance Army war victims, renewed their pay demands recently when they discovered that the company closed Atiak sugar factory in Amuru District a few months after it received a Shs108b bailout from the government.

Ms Rosemary Achan, one of their leaders, said each of them demands the company Shs25m for the three years.

“This time we will do all it takes to get that money because we understand that the government gave them money to pay us, but unfortunately, they have shut down the factory,” she said.

“Initially, they told us that we would be paid in the second year of the work after the canes matured but the time passed and since then, they have been dodging us,”  she added.

This newspaper established that the victims were each assigned five acres of sugarcane to manage and would be paid Shs25m per year.

Mr Patrick Poly Okin Ojara, the Chwa MP, said they are preparing another petition for the Inspectorate of Government to investigate the firm and ensure that the funds are properly accounted for.

“The company and Naads came to Parliament last year for a supplementary budget and after they were granted the Shs108b, they decided to close the factory yet part of that money was meant to pay the pending wages of these victims,” Mr Okin said.

Mr Gilbert Olanya, the Kilak MP, said they cannot allow the government to continue spending billions of shillings on a factory that is keeping thousands of people jobless.  The government owns 44 percent of shares in the factory.

However, Mahmood Abdi Ahmed, the company’s director for plantation and agriculture, dismissed the claims of non-payment.

“If they claim they were not paid, the best people to comment on the matter are the chairpersons of the two cooperatives under which the claimants fall,”  Mr Mahmood said.

“We got funding from the government to plant the canes, and there is no employee who worked for us and was never paid, including the outgrowers whose money was channelled through the cooperatives’ leadership,” he added.

But Ms Joyce Laker, the chairperson of Atiak Outgrowers Cooperative Society, said the company only paid them for the seed canes and that money was given to the members directly not through the cooperatives between 2019 and 2020.

“The money we received was for the seed canes and most of it was deducted for the membership fees and annual subscription of the more than 2,000 members in our association,” Ms Laker said.

“[A total of] 182 members were paid. The rest of the unpaid members’ concerns can only be answered by the company,” she added.

Original Source: Dialy Monitor

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