Law Doesn’t Allow RDCs to Halt or Cancel Land Titles, Arua Deputy RDC Ham Tells Aggrieved Ocoko Land Claimaints.
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Facts You Should Know.
Ocoko vocational rehabilitation center which sits on 25 acres of land, is a government institute established in 1964 and it serves as a training hub for children who drop out of school within and outside WestNile region.
The contested land which roughly measures to about 5 acres has been and is till being cultivated by Ocoko vocational rehabilitation center staffs.
The institute offers free courses on tailoring, leather works / shoe making, hair dressing, knitting / weaving, welding and metal fabrication.
Besides the free courses, the institute also awards each graduate with tools and startup capital of 150,000 Shs upon completion of the six months courses.
Following complains and misunderstandings between the community members and the staffs of Ocoko Vocational Rehabilitation Center over some 5 acres of land, Arua District leaders led by the Deputy RDC Mr Ezama Ham Mizamil have taken it upon themselves to harmonize the issue by summoning the aggrieved parties for a meeting which was held on 23-3-2023 at the rehabilitation center, in Ajia Sub-county, Vurra Constituency in Arua District.
Since the establishment of the institute in 1964, there were no complains and conflicts over its land until it was surveyed in 2018.
Efforts to process certificate of title to enable expansion of the institute with a 6 billion Shs project that has been secured, have hit deadlock after Mr Eriku Geoffrey and Mr Ismail Leku a retired UPDF officer are claiming some portion of the land the institute surveyed in 2018 belongs to them.
The Deputy Resident District Commissoner Mr Ezama Ham Mizamil while giving his opening remarks, presented to the quorum a plan by Ministry of People with Disabilities and Minsitry of Gender, Labour & Social Development to expand the infrastructures at Ocoko vocational rehabilitation center with 6 billion Shs that has been secured from some NGOs.
He wondered why should some people still hang on mentality of “Compensation” or “Government should buy my land” for any development when all these developments are coming for our people.
The Deputy RDC advised community members of the area to embrace education & government projects, resonating that, if investments are done here, it is majorly for the benefit of ourselves and our grandchildren.
There are a lot of opportunities like employments & businesses if this institute is expanded, Mr Ham lamented.
A sharp misunderstanding ensued during Thursday’s meeting after introductions and deliberations from the keynote speakers, the Ajia Sub-county LC3 Chairman Hon Jacob Anguajibi asked the Deputy RDC Mr Ezama Ham, District landboard Chairperson Mr Phanuel Ozuah Eli and the government surveyor not to proceed with inspections of the institute land until the main complainants are heard.
However, Deputy RDC objected his idea by referencing a meeting that was held in RDC’s office towards the end of last year 2022 with two commissioners from the Ministry, LC V, CAO, DISO and Ajia Sub-county leaders including the Ajia LC3 Chairman, of which a resolution to “Inspect the Land with Surveyor” was passed as the next cause of action.
After thorough opening remarks speech by Deputy RDC Mr Ezama Ham, the first key complainant Mr Eriku Geoffrey stood up to announce his withdrawal from the wrangle.
Mr Eriku Geoffrey told Deputy RDC Ham & the quorum, that, he has withdrawn himself from the conflict over that piece of land.
He added that, government can therefore go ahead to implement any developmental project on that land in question .
Mr Eriku however told Mr Ezama Ham and the government to think about him through some appreciation for the land he has surrendered for the institute.
The second key complainant in the conflict, Mr Ismail Leku who is a retired UPDF officer at the rank of “Private” said, he served in UPDF for many years and when he retired in 2019 to come home, he found the entire institute land was already surveyed in 2018.
He said, that land he is reclaiming back was given in early 1970s by his mother to her close friend who was a female staff in the institute.
“How come the closeness and friendship between my mother and the female institute staff, that led to the extend of my mother gifting a land to the female staff become automatic transfer of land ownership”, the retired UPDF officer lamented as some people in the meeting bursted into laughter.
Asked on what he wants it should be done over the land controversy, Mr Leku said, what he wants is for the institute / government to leave his land alone, adding that, he doesn’t want any compensation or bargaining from the government over that land his mother gifted to the institute staff in 1972.
The Ajia Sub-county area land committee Chairperson Mr Benjamin Nyakuni apologized in the meeting over what he believed were some statements directed to accuse him as the key person who is influencing the land wrangle by tactically delaying to write a report about the land for processing of certificate of title.
He told the Deputy RDC, he read it on a letter and it baffled him a lot.
I am just two years old into this office of Ajia Sub-county area land committee chairperson and i completely no nothing and have no interest in that institute land some people are scrambling over it, Mr Benjamin hinted.
He was however quick to make affirmations, that, very soon, he is going to write a report about the land.
Mr Anguijibi Jacob, the Ajia Sub-county LC3 Chairperson asked Arua District RDC office to be open for another dialogue in case someone who at that made a decision but later on decides to change it.
The landboard Chairperson Mr Phanuel Eli sensitized the aggrieved parties about legal aspects on acquisition of lands and resolving of land conflicts.
He mentioned 1 Land Reform Decree 1978, 2 the Land Act 2005, 3 the Limitation Act and 4 the 1994 Constitution as the key laws that determine how someone is supposed to own land or should complain about any land matter.
Brief Breakdown on What the Relevant Laws Say in Respect to Ocoko Vocational Rehabilitation Center Land.
(a) going by how the land was acquired and what the relevant laws say, the land where the institute is established was acquired in 1964,
(b) the contested portion was gifted in 1972,
(c) the land reform decree was passed in 1978 which gave powers to government as the owners of land,
(d) later after National Resistance Army (NRA) / NRM took power in 1986, the 1994 constitution was passed which gave back powers to the citizens as the owners of land but with clauses which make someone become an automatic owner of a gifted land he or she might have stayed on it for 12 years without any agreement or disturbance from the giver (landlord)
(e) The Limitation Acts was passed.
The limitation act gives 6 months for any aggrieved party over a particular land to file a complain if the survey or certificate of title might have been processed without their involvement or notice.
He said, this is what the laws in Uganda say about acquisition of land or complaint over land, however, for the purpose of coexistence between Ocoko Rehabilitation Institute Staffs and the Community members, there should be a mutual understanding so that peace shall continue to reign between the two parties as it has been in the past.
The District landboard Chairperson advised his junior, the Sub-county area land committee Chairperson Mr Benjamin to do his part by writing report about any land as the law required and should forward it ahead.
Mr Eli, in his conclusion remarks, assured the community members about the competence of the District Landboard which has professional officials with capacity to expedite any form of land conflict.
He preached on patience & observance of the law amongst the community members.
The Arua District LC5 Vice Chairperson Hon Cosmas Ayikobua who is also the Councillor representing Ajia Sub-county to the District said, humanity and socialism should be at the center stage of everything we do in life regardless of what the law says.
He challenged both the aggrieved and the concerned stakeholders to speak and stand on the truth but not being biased to seek favors from either of the sides.
The Arua District Deputy RDC Ezama Ham Mizamil, while making his final resolutions on the matter as mandated by the law and through directives from President Museveni to all the RDCs in Uganda, directed;
- Ajia Sub-county area land committee Chairperson Mr Benjamin Nyakuni to write his report about the land in question no matter how good or bad the report will be.
- Sub-county physical planning board chaired by the Sub-county Chief, to do their part as required by the land and forward the files to the District landboard.
- The District landboard with its legal experts to have meetings & analyze the report from the Sub-county over the land, to determine if the certificate of title should be processed or not.
- Arua District RDC office to schedule appointment for meeting between key complainant Mr Eriku Geoffrey who withdrew himself from the land conflict and officials from the Ministry, to at least appreciate him (Mr Eriku) for his willingness to surrender the land without compensation.
- Deputy RDC Ezama Ham Mizamil tasked the second aggrieved complainant Mr Ismail Leku to run to court as the only solution they can help him with because office of the RDC does not have powers to cancel land title or to halt any procedure of processing land title.
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