By Spy Uganda
The government has introduced new measures to curb illegal land evictions and strengthen the protection of tenants across Uganda, requiring authorities and landowners to follow strict procedures before anyone can be removed from land.
The new guidelines, contained in an Administrative Circular issued by the Minister of Lands, Housing and Urban Development, Judith Nabakooba, require all evictions and demolitions to be backed by a valid court order and carried out in accordance with procedures designed to protect human rights and prevent loss of lives and property.
The Ministry says the measures are aimed at strengthening land tenure security, reducing land-related conflicts and addressing unlawful evictions linked to questionable land transactions, illegal subdivisions, estate disputes and transfers involving sitting tenants.
Under the guidelines, no person may lawfully evict a tenant without authorization from a competent court. Those facing eviction must be given a notice of not less than 90 days and not more than 120 days before the exercise is conducted.
Evictions must also take place only between 8:00 a.m. and 6:00 p.m., and are prohibited on weekends and public holidays.
Police and relevant local authorities must be notified and be present during the exercise, while every eviction order is required to be cleared by the District Security Committee in consultation with the Ministry of Lands.
The Ministry has further directed that evictions must be conducted in a manner that respects the dignity, safety and rights of affected families.
The new measures also seek to close loopholes that have been used to facilitate illegal evictions through questionable land sales and subdivisions.
Before approval of a land subdivision, applicants will be required to provide an updated orthophoto of the land and a statutory declaration confirming either that there are no tenants on the property or that existing tenants were given the first opportunity to purchase the land.
The offer to sitting tenants must have been made at least six months before an application for subdivision is submitted.
Where questions arise over the status of occupants, Land Officers will be required to physically inspect the land and submit a report before the transaction can proceed.
The government has also reaffirmed the rights of sitting tenants when land is being sold.
Landowners are required to first offer the land to sitting tenants before selling it to another buyer. Where this requirement is ignored and the land is subsequently transferred, the new owner may be held responsible for compensating affected tenants where the seller had not already provided compensation.
The guidelines also address disputes arising from inherited land, directing heirs, administrators, executors and beneficiaries of estates to respect the rights of sitting tenants.
Rather than immediately seeking to remove tenants following the death of a landowner, the parties are encouraged to negotiate, agree on fair land-sharing arrangements where possible or seek mediation to resolve disputes peacefully.
The Ministry says this approach is intended to prevent estate-related land disputes from escalating into violence, homelessness and destruction of property.
In another major measure, private security companies have been warned against deploying guards on disputed or contested land.
The Ministry of Internal Affairs is expected to introduce stricter regulations governing the deployment of private security personnel in land disputes, with the aim of preventing intimidation, violence and the use of private guards to enforce disputed land claims.
Resident District Commissioners and Resident City Commissioners have also been directed to ensure compliance with the new guidelines when handling both court-sanctioned and non-court-sanctioned eviction cases.
The government has urged landowners, tenants, local leaders, security agencies and other stakeholders to familiarize themselves with the new procedures.
Officials say the guidelines are intended to strengthen property rights, curb land grabbing and unlawful demolitions, promote peaceful settlement of land disputes and ensure that evictions, where legally necessary, are carried out fairly and with respect for human dignity.
