A day after the Attorney General MwesigwaRukutana tabled in the Parliament the Constitutional Amendment Bill 2017 whose import was the government’s intention to acquire private land for public works, there were more voices in opposition to the Bill. The Bill that sought to amend Article 26 of the 1995 Constitution sought to allow the central government or local governments to take the position of private land upon depositing the compensation amount in Court pending determination of the dispute in the Court. “To enable the government or a local government to deposit to with the Court compensation awarded by the government for the property declared for compulsory concision.” Said, Deputy AttorneyGeneral –MwesigwaRukutana

Senior Counsel Peter Mulira an expert on land law urged that was no need for a new law. He explained that the existing laws were adequate to enable the government carry out planned infrastructural and investment projects. “Under the existing laws, the government can take the property, possession of the property immediately as soon as the Assessment officer has made an award. In other words, there is a process once you reach the point of compensation, the government automatically takes over the land, so I don’t see the point in this Amendment Bill.” Said, Peter Mulira – Expert on Land Law.

While tabling the Bill, the Deputy Attorney General MwesigwaRukutana said delays in land acquisition for public works had caused huge financial loss to the State in penalties paid to road contractors for redundant machinery at construction and project sites as Courts resolve disputes. But the Vice Chairperson of the Uganda Land Alliance Agnes Kirabo who is also the Coordinator of the Food Rights Alliance attributed such delays to the government’s decision to borrow money before securing counterpart funding for compensation and even funding the project. “So we should always make sure that we have secured funds that are going to compensate people, we evaluate their assets on time and equitably and we compensate them promptly.” Said, Agnes Kirabo – Vice Chairperson, Uganda Land Alliance.

“Then let the government show us a list of the people who have been frustrating the government. And when you frustrate a government project, you commit a crime, you should be prosecuted.” Said, Peter Mulira. We also sought the opinion of some Ugandans on the proposed amendment. “This is a bad Bill which members of the Parliament should not pass. It is hard to claim compensation after giving your land to the government. We cannot trust the government with our land.” Counsel Mulira and Kirabo advised the government to wait for the recommendations of the Commission of Inquiry into Land matters chaired by Justice Catherine Bamugemereire before tabling any amendments to the Land Act or taking any major policy actions on the land matters. “So why the hurry. Secondly, there is also a proposal to have a comprehensive review of the Constitution. Again why is the hurry? It is an insult to the people of Uganda that their Constitution is going to be used to take over private land illegally.” Said, Peter Mulira. “I really question the commitment and actually what is going to be the added value in a nutshell of the Land Commission.” Said, Agnes Kirabo.