Government launches nationwide land audit to protect public property

The Ugandan government has initiated the Comprehensive Government Land Inventory (GLI), a nationwide audit aimed at identifying, verifying, and documenting all public land. This ambitious reform seeks to safeguard state property from pervasive encroachment, fraudulent transactions, and ownership disputes that have historically plagued public assets. By establishing a centralized, digital database, the GLI intends to enhance land governance, improve transparency, and secure critical public infrastructure and resources for current and future generations. The initiative is a crucial step towards rationalizing land management and mitigating the significant financial and developmental costs associated with land conflicts in Uganda.

Uganda has embarked on a significant land management reform with the launch of the Comprehensive Government Land Inventory (GLI). This nationwide exercise, spearheaded by the Ministry of Lands, Housing and Urban Development (MLHUD) in partnership with the Uganda Land Commission (ULC), aims to meticulously identify, survey, register, and digitally map every parcel of public land across the country. The initiative is a direct response to the escalating challenges of land encroachment, fraudulent titling, and protracted ownership disputes that have rendered a substantial portion of government property vulnerable and hindered national development projects.

The GLI represents one of Uganda's most ambitious efforts to bring order and accountability to public land administration. Its primary goal is to create a single, reliable national database of all government-owned land, thereby providing clarity on its location, size, legal status, and current use. This article examines the legal framework underpinning land ownership in Uganda, the systemic issues necessitating the GLI, and the potential implications of this reform for legal practitioners and the broader land sector.

Land ownership in Uganda is a complex tapestry woven from historical, constitutional, and statutory provisions. Following the promulgation of the 1995 Constitution of Uganda, land ownership was fundamentally vested in the citizens of Uganda, departing from earlier regimes where all land was considered public or Crown land. Article 237(1) of the Constitution declares that land in Uganda belongs to its citizens, to be held under four recognized tenure systems: customary, freehold, mailo, and leasehold.

However, the Constitution also provides for land to be held by the Government or local governments in public interest, subject to Article 26, which guarantees the right to property but allows for compulsory acquisition for public use with prompt and adequate compensation. The Land Act, Cap 227, further elaborates on these tenure systems and establishes the institutional framework for land administration and management, including the Uganda Land Commission (ULC) and District Land Boards (DLBs). The ULC is specifically mandated to hold and manage land vested in or acquired by the Government. The Registration of Titles Act, Cap 230, governs the registration of land titles, providing the legal basis for formalizing ownership and transactions. Despite this framework, a significant portion of government land has remained untitled and undocumented, leading to widespread vulnerabilities.

The necessity for the GLI stems from critical deficiencies in Uganda's public land management. Statistics reveal a stark reality: government land constitutes approximately 23% of Uganda's total land area, yet only about 26.16% of this public land has been formally titled. This leaves a staggering 77% of government land vulnerable to illegal occupation, fraudulent transactions, and ownership disputes. The fragmentation of government land records across various institutions, including the ULC, MLHUD, local governments, and individual Ministries, Departments, and Agencies (MDAs), exacerbates the problem, making it difficult to ascertain a clear picture of public assets.

The GLI aims to address these issues by undertaking a comprehensive exercise to identify, survey, register, and digitally map all public land. This includes land occupied by schools, hospitals, roads, security installations, administrative offices, and other public facilities. The initiative will establish a single, continuously updated digital database containing detailed information on each parcel, including its location, size, legal status, current use, and any existing disputes or encroachments. This proactive approach is intended to prevent disputes rather than merely reacting to them, aligning with the National Land Policy's recognition of land as a strategic national resource requiring modern administration.

Implementation of the GLI is a collaborative effort between the MLHUD and the ULC, with support from Ministry Zonal Offices, District Land Offices, and all MDAs, which are required to submit land records for verification. It is crucial to note that the government has explicitly stated that the GLI is not a compulsory land acquisition exercise, a land redistribution program, or an attempt to interfere with the rights of lawful private landowners. However, the success of this initiative will hinge on overcoming systemic challenges such as corruption within land registries, inadequate funding for land institutions, understaffing, and delays in processing land titles, which have been highlighted in previous audits. Furthermore, the legal principle requiring fraud to be specifically pleaded and strictly proven, as established in cases like *Kampala Bottlers Ltd v Damanico (U) Ltd* [1993] UGSC 1, underscores the high evidentiary bar in combating fraudulent land transactions, emphasizing the need for robust data collection and verification within the GLI.

The digitization of land records, a component of the GLI, is a critical step towards improving efficiency and transparency, building upon earlier efforts to computerize the land registry. However, the sheer scale of undocumented public land and the potential for resistance from encroachers or those who have benefited from fraudulent dealings present significant hurdles. The GLI's ability to effectively resolve existing disputes and prevent future ones will depend on the political will to enforce its findings and the capacity of the land management institutions to maintain the integrity of the new database.

The Comprehensive Government Land Inventory marks a pivotal moment in Uganda's ongoing efforts to reform its land sector. By systematically identifying and securing public land, the government aims to curb rampant encroachment and fraud, thereby protecting vital national assets and facilitating planned development. The success of this ambitious undertaking is paramount for Uganda's socio-economic transformation, as secure public land underpins essential services, infrastructure, and investment opportunities.

For legal practitioners, the GLI promises greater clarity regarding public land boundaries and ownership, which should, in the long term, reduce land-related litigation. However, in the interim, practitioners must remain vigilant, conducting thorough due diligence on any land transactions, particularly those involving properties adjacent to or historically claimed as public land. The initiative also presents an opportunity for legal professionals to engage in public education and support clients in navigating the verification and regularization processes. The sustained commitment of resources, inter-agency coordination, and unwavering political will to enforce the findings of the audit will be crucial determinants of the GLI's ultimate effectiveness in establishing a transparent, equitable, and efficient land administration system in Uganda.