The politics of land law reforms in neoliberal Uganda

Nakayi, Rose

doi:10.5040/9781350223721.ch-014

Cited by 4 publications

(4 citation statements)

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“…121 Issues of evictions are raw material for populist politicians who make promises for solutions but deliver little. Therefore, politicization of land disputes, backlogs in courts, 122 delays at dispute resolution, make the pursuit of civil remedies from courts of law a daunting task. 123 Yet criminal trespass is a ready-made tool to use against the so-called trespasser.…”

Section: Criminal Trespass As a Weapon In Land Disputes Context Issue...mentioning

confidence: 99%

“…126 Land frauds take many forms such as double titling, forgery on titles, acquisition of title to land belonging to others or customarily held, purchase of land occupied by tenants with imminent plans to evict them, etc. 127 Not all perceived victims/plaintiffs in land conflicts are genuine, capable of winning a case in a civil court. These therefore shun the pursuit of civil remedies which would most likely resolve the underlying land ownership dispute in preference for avenues in the criminal justice system as explained below.…”

Section: Criminal Trespass As a Weapon In Land Disputes Context Issue...mentioning

confidence: 99%

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Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda

Nakayi

2023

Law Journal

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Protection of the right toproperty is among the central concerns of Uganda’s Constitution and laws. The law on civil and criminal trespass aims at facilitating enjoyment of property by prescribing damages for civil trespass and penalty for criminal trespass. Despite this, criminal and civil trespass have been used as weapons by some actors in land conflicts to undermine property rights of weaker parties and escalate land conflicts. The relationship among property, land conflicts and trespass is a theme of empirical significance in Uganda. Yet, weaponisation of trespass and its repercussions on property rights and resolution of land conflicts in Uganda is not significantly studied. This paper fills this gap. It conceptualizes criminal and civil trespass as embedded in the law, and how they have been weaponised. Using qualitative methods (analysis of literature, court decisions, and web based material) the paper finds that criminal trespass has been weaponized to target weaker parties to land conflicts hence impacting on their property rights and delivery of land justice. Using the criminal justice system, they are charged with criminal trespass, incarcerated, and are unable to pursue civil remedies from courts of law, hence protracting the underlying civil/land dispute. Civil trespass has also been misused within Uganda’s escalating land dispute terrain; in pursuit of selfish objectives rather than of justice. Uganda’s neoliberal context is an enabler of all the above. Recalibration of the civil justice system for efficience and amendment to section 302 to offer clarity on the boundaries of its application are recommended.

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Section: Criminal Trespass As a Weapon In Land Disputes Context Issue...mentioning

confidence: 99%

Section: Criminal Trespass As a Weapon In Land Disputes Context Issue...mentioning

confidence: 99%

Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda

Nakayi

2023

Law Journal

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“…The neoliberal position backed land reforms, and political ideology also favours economic development using land. 141 A capitalist orientation led to moral transformation (in the land sector as well) and new norms, such as individualism, self-preservation and self-interest, disregard of others and the communal good, and corruption. 142 The wide gap between the rich and poor has also led to accumulation by dispossession, spearheaded by the rich.…”

Section: Contemporary Challenges To Protection By Certificates Of Titlementioning

confidence: 99%

Certificate of Title: A Discussion of Contemporary Challenges to the Protection of Land Interests in Uganda

Nakayi

2022

J. Afr. law

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Certificates of title are a feature of the Torrens system of land registration which originated in Australia and which operates in Uganda. The system confers primary responsibility to register title, and guarantee its security, upon the state. A certificate of title is indefeasible and conclusive evidence of ownership, except in cases of fraud by the registered proprietor. This article uses a doctrinal legal research approach to analyse the legal framework on certificates of title, citing court decisions to give an interpretive lens to the law. It finds that the almost century-old system remains immature and its actualization is hampered by the socio-political context of Uganda. Certificates of title are a feature of a capitalist order and produce unfavourable outcomes, including fraud through double titling, illegal entries in the register and spurious caveats. Government needs to address the socio-political and administrative challenges inhibiting the evolution and practical application of the Torrens system in Uganda.

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“…The local government structure in Uganda comprises of higher local governments and lower local governments. Nakayi in her study described the diferent levels of government in the country, districts and municipalities form the higher local governments while the sub-county councils, town councils and division councils form the lower local governments [18]. There are seven city councils which were recently (1 st July 2020) upgraded from municipalities and 35 municipal councils of which the majority were created over the last decade.…”

Section: Introductionmentioning

confidence: 99%

The Effects of Central Government Transfers on Local Revenue Collection by Urban Local Governments in Uganda: A Case of Selected Municipal Councils

Mwanga¹,

Maniragaba²,

Ariho³

2020

IJBER

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Government of Uganda is undertaking reforms to improve on the funding levels and modalities of local governments but is faced with a limited budget to fund both the central government and decentralized functions. Less is known about the effect of central government transfers to local revenue collection especially in the context of decentralization in Uganda. We assessed the effects of central government transfers on local revenue generation by municipalities in Uganda by analyzing the trends of central government transfers and locally generated revenues by the municipal councils and assessing the effects of central government transfers on own local revenue generation. Our study focused on municipalities that have been in existence since introduction of decentralization policy and some of these have recently been upgraded into cities. Time series data covering the selected municipalities were obtained from the Local Government Finance Commission. The dataset comprised of locally generated revenue and central government transfers for 13 old municipal councils. The data was in Excel and it had to be exported to E-Views statistical software for further analysis using the fixed effects regression model. Our findings indicate that over the period 2002 to 2017, both central government grants and local revenue generation grew exponentially. We find that increased central government grants contributed to a decline in locally generated revenue and this partly attributable to too much reliance of the local governments on central grants. The results showed that the lagged total central government grants had a significant negative effect on the locally generated revenue. Government should factor in the allocation formula for central government grants to the local revenue performance to serve as an incentive for the municipal councils to raise own local revenue.

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The politics of land law reforms in neoliberal Uganda

Cited by 4 publications

References 0 publications

Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda

Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda

Certificate of Title: A Discussion of Contemporary Challenges to the Protection of Land Interests in Uganda

The Effects of Central Government Transfers on Local Revenue Collection by Urban Local Governments in Uganda: A Case of Selected Municipal Councils

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