The Auditor General in the year ending June 2011 noted that after nearly 11 years since the Act came into force, the Fund is not operational. This implies that the objectives of the Fund cannot be attained.
The Uganda Land Commission (ULC) has been faulted for failing to operationalize the Land Fund.
The Auditor General in the year ending June 2011 noted that after nearly 11 years since the Act came into force, the Fund is not operational. This implies that the objectives of the Fund cannot be attained.
Section 41(1) of the Land Act 2000 provides that there shall be a fund to be known as the Land Fund which shall be managed by the Commission. Subsection 10 of the act further provides that the Minister shall ensure that the fund is dully established within one year after the coming into force of the Act and that monies are provided for the Land Fund.
Albert Mugumya, the accounting officer Land Commission, explained that the Commission had drafted the Land Fund Regulations which are before Cabinet and that the Accountant General had been requested to authorize the opening of the Land Fund bank account.
He adds that the land fund regulations were completed and submitted to Cabinet for consideration and approval on the 28th November 2011. The Cabinet is still discussing the draft Land Fund regulations.
As a stopgap measure government established a project support to Uganda Land commission through which it is compensating absentee landlords. This is so it secures lawful and bonafide occupants from evictions.
Relatedly the Auditor General also pointed out the lack of regulations to govern the day to-day operations of the Uganda Land commission despite having been created several years ago by virtue of section 46 (1) and (2) of the Land Act.
The AG explained to Mugumya that the continued failure to have the regulations in place may constrain the Commissions’ capacity to effectively serve the purpose for which it was created.
Mugumya then stated that a technical working committee drawn from the Ministry of Justice and Constitutional Affairs, Ministry of Lands, Housing and Urban Development and the Uganda Land Commission had been constituted. The committee had already drafted the ULC principles and a Cabinet memo was awaiting tabling.
Halima Athumani
Freelancer