Ugandan developers back suspension of special land titles, seek Land Act reform

Property developers and landowners in Uganda have welcomed the Ministry of Lands, Housing and Urban Development's decision to suspend the issuance of special certificates of title, saying the provision has been abused to fraudulently sell the same piece of land to multiple buyers.

The stakeholders, however, want Parliament and the Attorney General to review the Land Act and tighten the requirements for obtaining special certificates of title to curb fraud and land grabbing. Festo Kasajja, a city property developer who spoke on behalf of the group, said the three-month suspension announced by the ministry would only have a lasting impact if it was followed by legal reforms. "We are in support of the directive, but this should be backed by law to make it effective and minimise cases of land grabbing in the country," he told journalists.

The Minister of Lands, Housing and Urban Development, Judith Nabakooba, recently announced the suspension of the routine issuance of special certificates of title for three months, starting in late August. The ministry said the decision followed a rise in complaints involving fraudulent statutory declarations used by applicants seeking replacement titles.

Under the current system, a special certificate of title may be issued to replace an original certificate that has been lost, destroyed or badly damaged. Stakeholders say some people have exploited the provision by falsely declaring their original titles lost and obtaining replacement documents, even when the original titles are in the custody of moneylenders, lawyers or family members.

Abraham Luwalira, the coordinator of the Bibanja Owners Association, cited an incident in Mityana District where a landowner used an original title to secure a loan from a moneylender before applying for a special certificate on the grounds that the title had been lost, and then sold the same land. "The money lender testified that the title was under her custody," he said. He urged the ministry to conduct comprehensive background checks before issuing special certificates of title, verifying who applicants are and where the land is located.

Kasajja also called for reforms in the handling of land disputes, including setting a statutory timeframe within which cases should be heard and concluded, saying prolonged disputes prevent legitimate owners from repossessing, developing or otherwise using their property. The controversy comes amid persistent complaints of land fraud and grabbing across the country, with multiple parties sometimes claiming ownership of the same parcel on the basis of competing documents.