Hon. Justice Kwesiga and Hon. Justice Dr Bashaija meeting with the land commissioner of inquiry
KAMPALA. A team from the Judiciary on Monday September 25, 2017, presented memorandum to the Land Commission of Inquiry headed by Court of Appeal, Hon.Lady Justice Catherine Bamugemereire.
The team led by Acting Principal Judge, Hon. Justice Wilson Kwesiga, said the inadequate law and institutional structures for dispute resolution have been cited as the major impediment to resolving the rampant impasse over ownership of land in the country.
The judicial officers say also cited contradictions in the law, insufficient funding to support the land Division of the high court and failure to organise local council elections as other hindrances to land justice.
"A lot of disputes that come to courts are a result of fraudulent and irregular land dealings which are reportedly facilitated by the land registries. There is therefore serious ineffectiveness at this level. The land registration system needs to be transformed to eliminate irregularities that breed numerous disputes," Hon. Justice Dr Andrew Bashaija, the head of the Land Division of the High Court said.
He blamed the land disputes to abuse and disobedience of court orders which has led to loss of confidence in the courts.
"Execution of court orders faces a number of challenges like corruption, misconduct and impunity by court bailiffs and security personnel involved in the process. Many a time, court bailiffs behave as if there are no rules governing them to the extent that civil debtors are charged exorbitant amounts that at times exceed the debt sought to be recovered," he said.
He revealed that land disputes areworsened by political interference in the execution or court orders.
"The practice of vetting court orders by the police is an unacceptable interference with the independence of courts. It is also has the effect increasing the cost of litigation. The police who are supposed to provide security during the execution exercise instead purport to review or amend the court orders and at times take over the process,"said Hon. Justice Dr Bashaija.
In the memorandum, the Judiciary observed that the persistence of land disputes, and serious contradictions in the legal framework, lack of clear regulation and enforcement mechanisms in the administration of justice system as well as discriminatory customs and practices as major obstacles to peoples' access to land justice.
"Uganda has no clear land policy and guidelines on land acquisition, registration, management, eviction from land and utilization of natural resources. The land laws are supposed to be informed by an adequate, comprehensive, formal and clear land policy if the laws are to be consistent and progressive, " said Hon. Justice Dr Bashaija.
The memorandum stated that the country's national land policy was issued in 2013; the land Act in 1998 and the land (amendment) Act in 2010 yet the land policy would have informed the law.
Other challenges, the judges revealed protracted court processes where the Judiciary is currently grappling with 18,056 cases with 7,263 having spent more than 1,000 days from the date of filing to date.
In terms of physical access to justice, the judges stated that the Court of Appeal is only located in Kampala with insufficient number of judges while a number of High Court circuits are not yet operational due to insufficient human resource and other logistical constraints.
"The issue of affordability of justice by majority population; the cost of running a dispute in court is so high particularly the cost of hiring legal services. Access to justice is further limited by ignorance of the law and legal rights on the part of majority population," said Hon. Justice Dr Bashaija.
He warned: "With no comprehensive National Legal Aid Policy Framework to support legal rights awareness and the provision of legal aid services for vulnerable and marginalized persons in Uganda, legal aid provision still relies on extensively on private initiatives which are not sufficiently available to the population and few are concentrated in urban area."
The judges observed that lack of a clear policy regarding return of internally displaced persons affected by the insurgency is another impediment to access to justice due to absence of credible structures, witnesses or documentation.
The memorandum is a result of an interface between the Chief Justice and the Commission in May where he promised to share a position of the institution.
The land Commission is investigating into the law, processes and procedures in land acquisition, land administration, and management in the country.
It is also seeking to identify,investigate and inquire into the effectiveness of dispute resolution mechanisms available to persons involved in land disputes.
Posted 28th, September 2017
