Uganda’s Land Commissioner Orders Rectification of NSSF Land Titles Amid Legal Disputes

In a decisive move, Mugaino Baker, the Acting Commissioner of Land Registration in Uganda, has issued new directives concerning a contentious land dispute involving the National Social Security Fund (NSSF). The dispute centers on allegations from customary landowners accusing NSSF of illegally possessing land, prompting the Commissioner to call for a thorough rectification of land titles.

Dated April 22, 2024, the Commissioner’s report leverages his authority under the Land Act to recall the land titles for plots FRV 402 Folio 13 numbers 274, 323, and 1322. These plots will undergo corrections for errors and rectifications, particularly concerning overlaps that might have led to double titling—an issue that has heightened tensions between the NSSF and the customary landowners.

In his directives, Commissioner Baker stressed the need for NSSF to engage in amicable settlements with the affected parties to lawfully acquire any additional land needed. Moreover, he has advocated for the initiation of criminal proceedings against individuals found criminally liable in the mishandling or fraudulent acquisition of the land titles.

The oversight of the Survey Register will also see significant enhancements, with the Commissioner of Surveys and Mapping ordered to ensure stricter compliance with surveying standards to prevent future discrepancies and overlaps.

The land in question was purchased by NSSF from Uganda Company Holdings Ltd in 2013, a company whose shareholders are all foreigners. According to Ugandan law, specifically the 1995 Constitution and the Land Act, foreigners are prohibited from holding Freehold or Mailo proprietary interests, which has brought the validity of the initial land transfer into question.

Further complicating the issue is the improper amalgamation of titles documented on the certificate for plots 274, 323, and 1322, covering 285.07 acres. This error has contributed to cadastral overshoots, complicating the legal standing of the titles held by NSSF. Additionally, discrepancies in the acreage of plots—where a small plot of only 0.797 acres was expanded into a 186.6-acre plot—have raised further suspicions and legal scrutiny.

This series of directives follows a public hearing led by the Commissioner, which saw participation from various state agencies including the Inspectorate of Government, the Directorate of Criminal Investigation Police, the Attorney General, and the Statehouse Anti-corruption Unit. The collective findings from these investigations and surveys formed the basis of the corrective actions mandated by Commissioner Baker.

The resolution of this land dispute comes shortly after the Makindye Magistrates Court acquitted five individuals accused of fraudulently procuring titles for the contentious NSSF land. This ongoing legal saga highlights the complexities of land ownership and registration in Uganda, reflecting broader issues of governance, corruption, and property rights in the region.