Views: 3
By Julius Mugaga/ KMA Updates.
Kampala, Uganda: UGANDA LAW SOCIETY’S POSITION ON THE DIRECTIVE BANNING LAND EVICTIONS WITHOUT THE CONSENT OF THE RESPECTIVE DISTRICT SECURITY COMMITTEES.
Counsel. Pheona Nabasa Wall, President Uganda Law Society/Courtesy photo.
The directive to obtain consent from the District Security Committee (DSC) for an eviction when a court order has been issued, heavily undermines the independence and the effectiveness of the judiciary. This practice will amount to vesting the right to hear, resolve and execute disputes in the hands of the security organs which usurps the power of the judiciary.
The police are currently involved in the execution of a land eviction, to provide security and ensure the enforcement of court orders. The district security organs maybe informed of a pending eviction as a matter of courtesy, beefing up security and restoring the faith of the justice system in the eyes of the community.
The disputes between land owners and tenants should be heard before a court of competent jurisdiction. The rights of each party must be balanced at all times against the compelling interests of the state to enforce law and order so as to restore confidence in the public justice system.
The Uganda Law Society has noted with concern the directive issued by His Excellency, the President of the Republic of Uganda banning all land evictions in the country without the consent of the respective District Security Committees.
The Society is aware that the land tenure system is rife with a number of illegal land evictions and the Resident District Commissioners (RDC’s) have played a role in mediating and resolving some of these disputes. However, the judiciary is vested with the mandate to resolve disputes and issue eviction notices after taking into account the evidence presented before the courts of law.
Further, the Uganda Law has previously advised magistrates and other courts on practice guidelines involving land evictions, transactions and executions which in their currently application, involve the police.
In lieu of the above, the ULS opines that:
The directive to obtain consent from the District Security Committee (DSC) for an eviction when a court order has been issued, heavily undermines the independence and the effectiveness of the judiciary. This practice will amount to vesting the right to hear, resolve and execute disputes in the hands of the security organs which usurps the power of the judiciary.
The police are currently involved in the execution of a land eviction, to provide security and ensure the enforcement of court orders. The district security organs maybe informed of a pending eviction as a matter of courtesy, beefing up security and restoring the faith of the justice system in the eyes of the community.
The disputes between land owners and tenants should be heard before a court of competent jurisdiction. The rights of each party must be balanced at all times against the compelling interests of the state to enforce law and order so as to restore confidence in the public justice system. The existing law is sufficient to safe guard the rights of all parties involved. Any mischief that may be occasioned by all actors should be addressed in courts of law, and provide the judiciary and the public justice actors with the necessary means needed to enforce the law.
The Uganda Law Society remains committed to assisting the Government in all matters affecting legislation and the administration and practice of law in the country in accordance with its mandate enshrined in Uganda Law Society Act, Cap 276 Laws of Uganda.