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  1. In 1998 government wanted to legitimize land grabbing with his Land Act. Opposition members of parliament worked tirelessly to defeat that act before it was passed. Museveni has given Balaalo permission and government security protection to take any land our land. When these Balaalo started causing social unrest, Museveni decided to propose an amendment to the 1998 Land Act, so as to give legal possession of land to the Balaalo illegal occupiers under the pretext that he was concerned about those peasants without land of their own.
    Section 26 – Protection from deprivation of property.
    (1) Every person has a right to own property either individually or in association with others.
    (2) No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied:-
    Section 2. Supremacy of the Constitution.
    (1) This Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda.
    (2) If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void.
    The 1998 Land Act and The Land Reform Act 1967 both contravene Sect 25 of the 1995 constitution. Ideally both these Acts should have been declared null and void and legislation that is in conformity with the constitution promulgated in their place. This is unlikely to happen because it would thwart Museveni’s plans of grabbing the land
    (a) the taking of possession or acquisition is necessary for public use or in the interest of defense, public safety, public order, public morality or public health; and (b) the compulsory taking of possession or acquisition of property is made under a law which makes provision for-
    (i) prompt payment of fair and adequate compensation. prior to the taking of possession or acquisition of the property; and
    (ii) a right of access to a court of law by any person who has an interest or right over the property Obviously such senseless proposals were not going to be tenable in Buganda, Mmengo rejected them outright. In panic and in characteristic Museveni fashion, he shot his mouth off by saying he will take the issue to a referendum. A referendum would be in contravention of his own 1995 constitution, article 26 of the constitution states that :
    To this day there are many Baganda landowners with miles of unsurveyed land i.e. land which is not officially registered. If this is true of yesterday and today, why then would a Muganda peasant clamuor to get a “certificate of occupation” tomorrow? Security of tenure has never been an issue among the Baganda rather it is those gaining illegitimate but “legal” ownership of land in Buganda who are obsessed with “land titles” and “certificates of occupation”.
    In the Buganda of Baganda one did not need to produce a certificate to confirm ownership and despite the thieves about the place the Baganda are not pulsed by certificates and titles. For example, one of the authors inherited 400 acres of prime land but he has never bothered to collect the paper title yet he is a well educated man of means. Despite this it is not disputed in his family, relatives and villagers that the land is his.
    The Mmengo establishment being alert to Museveni’s lies decided they were not going to play ball this time round and are seriously mobilizing and kudos to the establishment. Essentially what Museveni is proposing is to politicize ground rent issues, provide certificate of occupancy to squatters including illegal alien balaalo, at the same time allowing these squatters to sell their certificates of occupancy to third parties, while making it legally impossible to evict these squatters.

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