CHAPTER 7: Changing Land Tenure System in East Africa

By the end of this chapter, you will be able to:

1. know various types of land ownership in Uganda.
2. understand how the land was traditionally owned in Uganda, Kenya and Tanzania
3. know the mainland reforms carried out in Uganda since independence.
4. understand the historical development of land ownership in Uganda
5. appreciate the value of land as a cornerstone of development in Uganda.

Keywords

• customary
• freehold land
• land reforms
• land tenure
• mailo land

Introduction

After studying this chapter, you will be able to understand and evaluate issues of land ownership and management in Uganda.

A land tenure system refers to the methods through which land can be acquired, owned and utilised. In Uganda, land can either be owned permanently or temporarily. Land in Uganda can be owned as mailo, freehold, customary or public land.

Land Tenure Systems in East Africa

Customary land tenure

Under the customary land tenure system, land is communally or collectively owned by a particular group of people in a given area. Its utilisation is usually controlled by elders, clan heads or a group in a community’s own well-defined administrative structures. This land tenure is common in the northern, eastern and some parts of western Uganda.

Figure 7.1: A settlement on customary land: Customary land tenure is commonly found in the northern and eastern parts of Uganda

a Freehold land tenure This land tenure system was set up by agreements between the kingdoms of Buganda, Bunyoro, Toro and Ankole, and the British colonial government. Grants of land under the freehold system were made by the British Crown and later by the Uganda Land Commission. Holders of land under the system are entitled to a certificate of title.

Figure 7.2: (a) A certificate of title and (b) settlement on freehhold land: Freehold land tenure system is common in urban and semi-urban areas

Mailo land tenure

Changing Land Tenure System in East Africa The mailo land tenure system is mainly in Buganda (central region) and some parts of western Uganda. The system refers to the freehold granted by the colonial government in exchange for political co-operation under the 1900 Buganda Agreement. It is guided by the provisions of the 1998 Land Act. The basic unit of the mailo system is a square mile, hence the term “mailo”, which is also equivalent to 640 acres.

Figure 7.3: (a) A certificate of title for mailo land and (b) part of mailo land: Mailo land tenure system is common in Buganda with vast unoccupied land or with tenants

Leasehold land tenure

The leasehold land tenure system provides for ownership of land for a specified period. In Uganda one can get a lease from an individual, local authority or government for a period usually of 49 or 99 years with agreed terms and conditions. This is the most common land tenure system in urban centres.

Figure 7.4: A certificate of title: Under leasehold tenure the terms are very clearly stated on the certificate

Public land tenure

Under this type of land tenure system, the government owns land and has the right to lease it to any company or individual on specific terms and agreements or covenants. The government can also use the land for development purposes.

Activity 7.1 1. Understanding land tenure systems in East Africa

1. Ask people in your area or do research using ICT or the library and Identify the land tenure system existing in your local community

2. Explain how land is acquired in your local community

3. In groups, discuss the challenges faced in land management and ownership in Uganda.

Traditional Land Ownership in East Africa

In East Africa, traditional land ownership depended largely on the political set-up. Land use depended on the activities of the community in the area.

In centralised traditional societies, land ownership was vested in the kings and chiefs. The king owned all the land and had the authority to distribute land among his loyal subjects. Land control gave the chiefs power to manage the people. The chiefs in a kingdom had to be loyal in order to get land allocations from the king.

Figure 7.5: A settlement in Karamoja: Traditional ownership of land among the Karamojong

Among decentralised communities, land was owned communally. There was no claim of ownership by individuals or families. Land belonged to the clan as an inheritance from the ancestors. Land rights were vested in the clan elders.

The community’s economic activity determined land usage. Among pastoralists and nomadic communities, land was largely used for grazing animals. Settled communities utilised land mainly for growing crops and for the grazing of a few domestic animals.

Activity 7.2 1. Finding out about traditional land ownership in East Africa

1. Carry out research on how land was traditionally acquired in your community. You can use ICT or library research or from knowledgeable people around you

2. Explain the challenges of communal land ownership in Uganda.

3. In groups, discuss how communal land can best be utilised by the community

Land Reforms in Uganda after Independence

There have been several land reforms aimed at easing obstacles to land usage in Uganda since independence in 1962. These land reforms include the following:

The 1962 Public Land Act

The 1962 Public Land Act had several issues to comect immediately after Uganda’s independence in 1962. According to this Act, all indigenous Ugandans had the right to occupy unalienated public land in Uganda without any notice. The government was prohibited from granting freehold or land lease on any public land without the consent of customary occupants. It also empowered occupants of customary land to apply for a land lease over the land they occupied.

The 1975 Land Reform Decree

The 1975 Land Reform Decree was declared by the former President Idi Amin. The decree also abolished all laws that had been passed to regulate the relationships between landlords and tenants in Buganda, Ankole and Toro. The decree declared all land in Uganda to be public land Accordingly, the government could lease land occupied by customary tenants to any person qualified to utilise it and the was abolished. The occupation of public land without permission rights of indigenous Ugandans to occupy land by customary law was declared an offence but customary land owners retained the right to sell or donate land.

The decree declared all land in Uganda to be public land Accordingly, the government could lease land occupied by customary tenants to any person qualified to utilise it and the was abolished. The occupation of public land without permission rights of indigenous Ugandans to occupy land by customary law was declared an offence but customary land owners retained the right to sell or donate land.

The 1995 Uganda Constitution

The 1995 constitution repealed the 1975 decree and restored land tenure systems (mailo, freehold, leasehold and customary) as it was at independence. The constitution gave land to citizens, but the historical conflict between mailo owners and tenants was not resolved.

To resolve this conflict, the government enacted the 1998 Land Act. The Act created lawful tenants on land belonging to landlords by registration and owning titles. This was done to provide security to tenants. However, the Act also created several legitimate types of ownership over the same piece of land. The landlords could not use their land because of multiple occupancy of land. The 1998 Land Act was amended in 2003 to resolve the conflict, but was not clear specifically on government acquisition of land or leasing out public land.

Activity 7.3 Finding out about land reforms in Uganda

1. Using ICT or the library, research and identify the land problems that exist in Uganda.

2. Explain how the relationship between landlords and tenants can best be improved to address the problems of ownership of land in Uganda.

3. In groups, discuss how land problems have affected development in Uganda.

History of Land Ownership in Uganda

Pre-colonial Uganda had varied land tenure regimes. This, for example, varied from one ethnic group to another. Buganda had four categories of traditional rights to land. These were clan rights (Obutaka), the rights of the Kabaka and the chiefs (Obutongole), the individual hereditary rights (Obwesengeze) and the peasant’s rights of occupation.

Land could be accessed through inheritance. It could also be accessed through approval by the head and a member of the group in the area about land that was not occupied. The colonial government introduced land tenure systems that saw land in Uganda getting divided. This was according to mailo, freehold, leasehold and customary tenure systems in the 1900 Buganda Agreement. The agreement declared unoccupied and uncultivated land wasteland and allocated square miles of land in the kingdom to the kings and chiefs under a mailo land tenure system.

The mailo tenure is more or less private freehold in Buganda. In other parts like Toro and Ankole, it was referred to as native freehold tenure by the 1900 and 1901 agreements of Toro and Ankole, respectively.

The colonialists also introduced freehold and leasehold land tenure systems in 1903 under the Crown Lands Ordinance. The aim was to cater for public works such as roads, schools, hospitals, canals and land for development.

The mailo land tenure created landlords and tenants on the same land. The tenants were to pay rent and tributes to landlords in order to have rights on the land. The landlord-tenant relationship was streamlined in the 1928 Envujjo laws in Buganda, and the Landlord and Tenant Law of 1937 in Ankole. Under these laws the tenants were protected from eviction.

The Public Land Act of 1969 gave any person rights to legally occupy any rural land not in the category of leasehold or freehold. It also protected customary land rights so that any freehold or leasehold on customary tenure would be granted with the consent of the customary holder.

The 1995 Uganda Constitution and the 1998 and 2003 Land Acts were enacted. These addressed the conflicts resulting from the colonial tenure system distortions.

Activity 7.4 1. Finding out the history of land ownership in Uganda

1. Using ICT or the library, research and identify the terms of the 1900 Buganda Agreement on land.
2. Explain how the Buganda Agreement influenced land ownership in Uganda.
3. In groups, discuss how the land reforms have addressed the weaknesses in the Buganda Agreement. Present your ideas to the rest of the class.

Value of Land in Uganda

The various land reforms in Uganda have increased the value of land in the country. This was made possible by putting right the land problems and providing security of land tenure. This process has enabled land to be used for economic development in various areas of the country.

Figure 7.7: Adverts for sale of land: Many estate companies carry out land transactions and management

Land has become a commodity and a trade item. People have invested lots of money in it. People are buying and selling land for housing, commercial purposes, agricultural use, and industrialisation. This has allowed land to be a safe commodity to invest in and reap profits from within a short period of time.

Land is used as collateral security by those securing loans and credit facilities from financial institutions. This has allowed land to be put to better use by disposing of unwanted land to those in need of it. The competition for land has increased both in rural and urban areas because of its increased value. Land has been used for different types of investment. People have invested in residential and commercial buildings, agriculture and industry, mining, forestry and others. The investments in land have created employment opportunities for many people in the country.

Figure 7.8: Rental housing: Real estate development has increased the value of land

Activity 7.5 Understanding the value of land in East Africa

1. Visit any land and property dealers in your area and collect information on the prices of land according to different localities. Draw a table of comparison and share it with your classmates.

2. Explain the causes of different price levels in the different localities.