By KT Reporter
The State Minister for Lands, Sam Mayanja, has directed that over 2,000 bonafide land occupants who have faced threats of eviction since 1972 from Joy Bahinguza be issued land titles for the contested land in Kiruhura District. The directive settles a land dispute that has dragged on for more than 50 years, involving over 10 court appearances. The Minister issued the order on Monday while meeting the occupants of Kyakabunga Village in Nyakasharara Subcounty at Nyakasharara Seed School.
Mayanja also instructed Joy Bahinguza—the claimant of the 450 acres—to seek compensation from the government, warning her against evicting the residents. The land currently hosts commercial buildings owned by the occupants along the roadside, as well as a government seed school with more than 600 students. Bahinguza told the Minister that she has lived on the land since the 1970s through her late husband, but lost her title after mortgaging it with the then Uganda Commercial Bank.
“I have been on this land since the 1970s and with a title but I released that they did not give me back my tittle when I cleared the mortgage and it was affected when it was privatized off, but I have other documents,” she said. Andrew Rwakishieja, the chairperson of Nyakasharara Subcounty, said the dispute began in 1971 when the land was fraudulently surveyed by the late Bahinguza using GPS despite people already occupying the area. He explained that the land changed hands through three people until it was eventually owned by the late Bahinguza, after which his widow attempted to evict the occupants.
Minister Mayanja said: “The tittle that Bahinguza claims to have was cancelled by the Commission of Land Registration, under Section 88, and the Commission can cancel without reference to court. And this matter was done through that process, after these people had made their complaint.” He instructed the District Land Board to begin processing land titles for the bonafide occupants.
“So, it was cancelled. There’s no title now in place for the District Land Board not to give these people titles. So I’ve directed him to immediately start giving these people titles and freehold titles.” Robert Kamanda, the chairperson of Kyakabunga Village, welcomed the development and commended the government and President Museveni.
“I want to thank President Museveni and his minister, what they have decided is going to settle our biggest problem, we are going to continue with the development,” he said. Later, the Minister met another group of 2,000 bonafide occupants on the Nyakatookye land measuring 200 acres. The land is claimed by Steven Tumusiime (130 acres) and Sanyu Vennay (63 acres), though residents say they have lived on it for more than 40 years.
Both Tumusiime and Sanyu asked the minister to find a solution to the long-standing dispute. Sanyu requested resettlement of the occupants, while Tumusiime asked for compensation. Minister Mayanja said the Constitution, the Land Act, and the 2013 presidential directive protect occupants and prohibit forced evictions.
“I told them their rights in law, that the occupancy is guaranteed by the Constitution. So, those people under Tumusime should continue their occupancy unperturbed. I have advised them to look for compensation from the government, good enough, Tumusime has already applied for compensation, he will be compensated.”
He added: “I have undertaken personally to put there a forwarding letter recommending that he be compensated as shall be vetted by the government body or within a negotiation within the law.” “And as for Sanyu who was saying she’s going to court, I asked her not to proceed because she will be wasting her time in court.”
“These Bibanja Holders have a right of Occupancy, under the Constitution, and under the Land Act, even if she says she purchased the land, the Act is clear. If you buy, the subject to the legitimate rights of Bibanja Holders.” Agnes Mushabe, 70, one of the occupants, welcomed the decision, saying it was long overdue. She added that residents now hope the government will fully implement the directive.
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