KAMPALA, Uganda | Lands Minister Judith Nabakooba has directed all landlords to undertake a registration exercise for bibanja holders, an initiative aimed at creating clear records and curbing the increasing cases of unlawful evictions. Speaking in Kaasangobe Village, Wakiso District, Nabakooba highlighted the government’s concern over the rising number of evictions that have displaced many bibanja holders on questionable grounds. This directive seeks to formalize occupancy, providing legal clarity and protection for these tenants.

The registration of bibanja holders is part of a broader effort to address issues rooted in land tenure systems. Over the years, many tenants have been evicted despite their willingness to pay busuulu, the traditional ground rent. Some landlords have exploited legal loopholes, avoiding payments by being deliberately unavailable, only to claim non-payment as a reason for eviction. Nabakooba’s mandate is intended to stop such practices and ensure that tenants who meet their obligations are safeguarded.

James Galabuzi Mukasa, chairperson of the Uganda Land Owners Association, posed an essential question: who qualifies as a legitimate tenant? According to the law, a bonafide occupant is one who has lived on the land for at least 12 years prior to the 1995 Constitution. However, proving such occupancy has remained a challenge for many, complicating their status and vulnerability to eviction.

To support landlords and resolve conflicts related to land occupancy, Nabakooba mentioned that the Land Fund has been enhanced. Landlords who wish to avoid maintaining bibanja holders on their property can apply for financial assistance from this fund, allowing the government to purchase the land and secure ownership for the squatters. This approach aims to reduce disputes and promote long-term solutions to land ownership challenges.

Another significant measure announced by Nabakooba involves establishing a collection account managed by the Bank of Uganda. This account will handle busuulu payments, preventing situations where landlords refuse to accept rent and subsequently claim grounds for eviction. According to Section 31 of the Land Act, busuulu rates vary depending on the location: 50,000 UGX in city areas, 40,000 UGX in municipalities, 30,000 UGX in urban councils, 20,000 UGX in town boards, and 5,000 UGX in rural areas. The law stipulates that tenants who fulfill their payment obligations cannot be evicted.

President Yoweri Museveni has reinforced the importance of these measures, emphasizing that landlords must stop illegal evictions of bibanja holders. He noted that the protections afforded to bibanja holders were established in the 1998 Land Act and discussions in the Constituent Assembly. These laws make it clear that landlords have no right to evict bibanja holders who have occupied land for over 12 years and meet their rent obligations.