In a recent development, a high-ranking government official has suggested potential changes to land ownership laws in the country. Professor Nyeko Pen-Mogi, the acting chairperson at Uganda Land Commission, proposed an amendment to the Constitution that would allow the government to assume ownership of land nationwide. This proposal has reignited discussions surrounding land ownership in Uganda.
Professor Nyeko Pen-Mogi argued that transferring land ownership to the state would facilitate leasing land to individuals or organizations capable of developing it efficiently. Currently, Ugandan law dictates that land belongs to the people.
During a land management conference in the city, Professor Nyeko Pen-Mogi emphasized the need for organized urban development, suggesting that private-public partnerships could lead to the construction of affordable high-rise housing in informal settlements.
He also cited a past case in Mpigi District where a family’s demand for compensation delayed a road construction project. If the government takes control of land, such compensation-related delays could be minimized, according to Professor Nyeko Pen-Mogi.
However, this proposal has sparked concerns about its potential impact on the existing land tenure systems and cultural sensitivities related to private land ownership. Currently, the government is required to pay compensation before acquiring private land for public use.
In the past, Uganda faced a similar controversy during Field Marshal Idi Amin’s era when a decree declared all land in the country as public property.
The proposal, if pursued, would necessitate a constitutional amendment, specifically revisiting Article 237 of Uganda’s 1995 Constitution, which defines land ownership in the country.
The government’s chief legal advisor, Attorney General Kiryowa Kiwanuka, refrained from offering a definitive stance on the matter, stating that he needed more context before forming an opinion.
Reactions to the proposal have varied, with some experts expressing concerns about its feasibility and potential negative consequences, such as civil unrest and economic disruptions.
As discussions continue, the government is also considering the findings from a judicial inquiry into the lands sector, which includes recommendations for addressing land-related issues and promoting efficient land utilization in urban areas.
Ultimately, the future of land ownership in Uganda remains a topic of debate, with various stakeholders offering different perspectives on the matter.
