By Ahmed Kateregga Musaazi
People of Buganda we’re excited with the healthy Kabaka Ronald Muwenda Mutebi ll that flagged off Kabaka’s birth day run at Mmengo place last Sunday on November 28th.
The Kabaka had already opened Masaka football tournament at Lugazi in Kyaggwe.
The Kabaka, who also doubles as Ssaabataka, is now healthier than he was at the coronation day at Nkoni palace in Buddu on Saturday July 31st 2021 that prompted the President to meet him and organised for his treatment in Germany.
According to Sunday Vision, while meeting Vision Group top managemement, the President said that he could not hold talk with a sick Kabaka and hence organised for his official trip to Germany where he was received by Uganda’s ambassadors in Belgium and Germany and with the President’s sister, Hope Kajubiri as the overseer.
We are grateful to the President for that kind heart but which is also an official obligation.
The meeting of the two principals came as a result of the Kabaka’s direct attack, on what he called, an attempt to take away Buganda’s Mailo estates.
Mailo estates , which are one of the constitutional land tenures in Uganda, others are Freehold, Customary and Leasehold, are both Private and Official.
Private estates were distributed to at least 1,000 notables in a land bonanza in Buganda under 1900 Agreement.
The Official Estates include the Kabaka’s 350 square miles, those of Nnaalinnyas (Princess Royals), Namasoles (Queen Mothers), three ministers; Katikkiro (Prime Minister) Omulamuzi (Judge) and Omuwanika (Treasurer), and Saza (county) estates including gombolola (sub county estates and miruka’s (parishes) bitaawuluzi (halls).
Since the promulgation of 1995 Constitution of the Republic of Uganda on Sunday October O8th 1995, and passing of 1998 Land Act, a lot of talk on a Land Fund by which private Mailo owners are to be paid off and customary tenants, according to 1927 Busuulu and Envujjo law, those that were found tilling the land as bibanja holders prior to 1900 Agreement, and those settled to the land thereafter, and their successors, who own bibanja in perpetuity, could automatically get titles. The experiment was done in lost counties, now Kibaale, Kagadi and Kakumiro districts, where Baganda absentee land lords are paid off and indegenous Banyoro are given titles. But it is yet to make an impact in Buganda, where are most of Mailo land owners who co-own it with bibanja holders , some lawful and others bonafide occupants.
While there are some Mailo land owners who are conservative and reluctant to surrender their titles for a pay off, there are those willing to do so, and their fingers are itching, but the process is so slow and this is worsened with bickering in the Ministry of Lands, Housing and Urban Development, especially in the Uganda Land Commission which the minister suspended recently and they defied her. Judith Nalule Nabakooba, just inherited a tug of war that her predecessor Beti Namisango Kamya had with the commission chaired by Beatrice Byenkya Nyakaisiki. No wonder, now as IGG, Beti Kamya has started investigating the commission over corruption.
But land evictions and illegal issuance of fake titles are on increase, this partly contributed to the defeat of NRM in Buganda in the previous elections.
Offices of Resident District/ City Commissioners have come to the defence of the tenants where some courts of law, have not been so much on the side of peasants.
The contest is on the Official Mailo estates. According to Minister of State for Lands, Dr. Sam Mayanja, those estates created by 1907 Ordinance belonged to, what he calls, defunct Buganda Government whose successors are local governments in Buganda.
So it is unconstitutional, for such estates to be given to an institution of traditional and cultural leaders at Mmengo when they are neither traditional nor cultural.
Mayanja also wonders how Buganda Land Board Limited, a registered private company is charged with managing the official estates.
In his view, the Buganda Land Board Limited is different from the Buganda Land Board that was created by 1962 Independence Constitution to manage the official estates and “Akenda” (public land) in Buganda. After the abolition of kingdoms and federal states in 1967, which Mayanja calls, a successful revolution, and Uganda became a republic, managing official estates and public land was given to Uganda Land Commission.
However, Mayanja’s critiques including Katikkiro Charles Peter Mayiga and former Minister and Senior Presidential Advisor Haji Abdul Nadduli, cite article 246 which creates a traditional leader as a corporation some that can own property in trust for his subjects.
They also cite the 1993 statute that restored traditional sites including palaces, Bulange and royal tombs to the Kabaka. However the 1993 arrangement left out Saza and gombolola estates, which remained in the hands of local governments. It is the Memorandum of Understanding the President and the Kabaka signed on Friday July 30th 2013 that gave away those estates at the expense of local governments. Now, the tax payer who contributed to construction of Saza and gombola head offices, is now burdened with acquiring new land and building new headquarters.
One wonders if Pokino of Buddu evicts Masaka District Local Government , will turn the Saza headquarters into a traditional/ cultural site. Such estates should be collectively used by the Saza, gombolola, muluka and batongole chiefs, side by side with the democratically elected local government leaders and their technical staff, for the benefit of the people of Buganda.
In my view, there is no need for double or rival local chiefs, one belonging to the Kabaka, and another bonging to the local government. One chief appointed by the district service commission can play all the roles since Saza , gombola and other chiefs are not traditional leaders but local administration chiefs. When l raised it, l was called names, but this can be subject to talks, in order to avoid a Muslim style of rival Muftis and Qadhis, all serving Muslims.
Since regional governements that were put in 1995 constitution in 2005, were not operationalized, where there was a provision for regional land boards, official Mailo estates should be vested in hands of district /city land boards.
Hence, it is high time the President and the Kabaka held direct talks, and avoid to pass through their officials, some with polical interests of harvesting votes in electoral seasons where they promise gullible peasants lies including to restore a political kingdom where the Kabaka hold executive power in a pre-colonial an absolute monarchy.
Haji Ahmed Kateregga Musaazi is a veteran journalist and Deputy City Resident Commissioner Masaka City.
Contact 256-756/772-836537
Mail:hajiahmedkateregga2016@gmaol.com
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