Land Commissioner Recalls NSSF Titles Amidst Allegations of Illegal Possession by Customary Landowners

Acting Commissioner for Land Registration Mugaino Baker has taken significant steps to address land title discrepancies amid allegations that the National Social Security Fund (NSSF) illegally possessed land from customary owners. In his report dated April 22, 2024, Commissioner Mugaino invoked powers under the Land Act to recall the land titles for FRV 402 Folio 13 (Plots 274, 323, and 1322) for correction and rectification.

The Commissioner’s decision followed complaints from customary landowners who accused the NSSF of encroaching on their land without proper legal authority. To resolve the matter, Mugaino has directed that the mentioned plots be recalled and re-surveyed to correct overlaps and discrepancies. He has also recommended that the NSSF pursue an amicable settlement with the customary landowners to legally acquire any additional land they require.

Commissioner Mugaino has ordered that the NSSF and state agencies initiate criminal proceedings against anyone found responsible for fraudulent activity related to the land titles. Additionally, the Commissioner for Surveys and Mapping has been instructed to increase surveillance and ensure compliance with regulations to prevent double titling.

The Commissioner’s findings reveal significant issues with the land titles and ownership history. NSSF bought land from Uganda Company Holdings Ltd in 2013, but the company’s shareholders were foreigners, which is prohibited under the 1995 Constitution of Uganda and the Land Act, both of which prohibit foreigners from holding Freehold or Mailo land. This revelation raises questions about the legality of the land transfer to NSSF.

Further investigation uncovered irregularities in the amalgamation of titles, indicating that proper procedures were not followed, leading to overlapping plots. The Commissioner noted that NSSF failed to explain how a smaller plot of 0.797 acres could expand to create plot 1322, which measures 186.6 acres.

The issue came to light when the Attorney General wrote to the Commissioner in November 2022, seeking clarification on the rightful ownership of the land. This prompted a public hearing involving several state agencies, including the Inspectorate of Government, the Directorate of Criminal Investigation Police, and the Statehouse Anti-Corruption Unit. The results of these hearings laid the foundation for the Commissioner’s orders.

These orders were issued less than a week after the Makindye Magistrates Court acquitted five individuals accused of fraudulent procurement of titles on the contested land. The acquitted individuals are Bogere Moses, Lubowa Muhammad Kityo, Namanya Betty, Nakanwagi Daphine, and Onyango Patrick.

As this complex case unfolds, the implications for land registration and ownership rights in Uganda are likely to be significant. The resolution of this dispute could set a precedent for how similar cases are handled, with broader consequences for the customary landowners, NSSF, and the integrity of land registration processes in Uganda.