Transcript Lands issues paper FY 2014_15

MINISTRY OF LANDS, HOUSING
AND URBAN DEVELOPMENT
LOCAL GOVERNMENT CONSULTATIVE BUDGET
FRAMEWORK PAPER WORKSHOPS FOR FY 2014/15
RESPONSE TO ISSUES RAISED AND
RECOMMENDATIONS DURING THE
LAST LGCBFP WORKSHOPS
ISSUE:
Inadequate funds for the District Land Boards
to operate as the law demands.
Response
The Ministry is cognizant of the likely long term
negative impact of underfunding of the District
Land Boards (DLBs) and has brought the matter
the attention of the MoFPED and other relevant
authorities to revise the IPFs for the DLBs.
ISSUE: THERE WERE CONCERNS THAT THE DLBS WERE ILLEGALLY
SELLING ALMOST EVERYTHING (PUBLIC OPEN PLACES, GREEN
BELTS ETC) RESERVED FOR PUBLIC USE OR WHICH BELONGS TO
GOVERNMENT OR TO THE PUBLIC WITHOUT CONSIDERATION TO
THE EXISTING NATIONAL POLICIES OR DISTRICT COUNCIL
MUNICIPAL COUNCIL POLICIES IN PLACE
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Response
Government land is managed by ULC. It is illegal for DLBs
to give out such land. Such transactions are not recognized
in the law.
The Ministry has trained a number of DLBs about their
duties and responsibilities and are not expected to operate
outside what the limits of what law provides
Before an application is taken to the DLB there should be
evidence that the physical planning committee approved it
by way of a minute. Physical planning Act declared the
entire country a planning area therefore the law does not
apply only to urban authorities.
The other option is to any aggrieved party to take a legal
action against any DLB since they are legal entities which
can sue or be sued.
DELAYS IN APPROVAL OF SOME MEMBERS
OF THE DISTRICT LAND BOARDS
Response
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The Ministry has always endeavored to approve the
DLBs in time for whose members conform to the
minimum requirements as enshrined in the Land Act,
Cap 227, section 57
Delays emanate from non-compliance by the District
Councils with what the law prescribes or when
petitions against certain names are received; in such
circumstances, districts are usually informed of the
reason for delayed approvals or rejection.
Care has to always be taken to ensure that
appointees and their qualifications complies with the
minimum requirements as enshrined in the law
AREA LAND COMMITTEES (ALCS) ESPECIALLY IN URBAN
AREAS SEEM NOT TO ADHERE TO THE PHYSICAL
DEVELOPMENT PLANS WHILE MAKING RECOMMENDATIONS
TO DLBS
Response
 Government enacted the Physical Planning Act to
streamline matters of physical planning and
compliance to land use. Therefore urban authorities
should make use of the Act.
 The Ministry developed and disseminated physical
planning guidelines and regulations to address the
same. These can be downloaded from the Ministry
website: www.mlhud.go.ug
LAND TITLING IS CENTRALIZED & EXPENSIVE IN OUR COUNTRY
THERE WERE CONCERNS THAT LAND REGISTRATION WAS A HIGHLY
CENTRALIZED FUNCTION AND PARTICIPANTS CALLED FOR EXPEDITION
OF DECENTRALIZED LAND SERVICES DELIVERY SYSTEMS.
Response
 Computerization of the land registry and the
decentralized Land Information System (LIS)
development will address this concern. Furthermore,
Systematic Land Adjudication and Demarcation which
is being piloted in 4 districts of Ntungamo, Iganga,
Mbale and Kibaale to reduce costs of land titling will
be rolled out and popularized resources permitting.
Besides, the Ministry Zonal Offices (MZOs)
constructed will bring land services delivery nearer to
the people instead of sourcing services from the
Kampala Land Office.
DELAYS IN OPERATIONALIZATION
MINISTRY ZONAL OFFICE:
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Operationalization of the MZOs to bring services nearer to the people
is underway; the core personnel to man these MZOs were trained.(
Six MZOS are operational – KCCA, Masaka, Mbarara, Wakiso, Jinja
& Mukono) and the headquarters to serve the rest of the country
not covered by the above MZOs for the time being.
Property rates not paid to urban councils consultation
Uganda Land Commission (ULC) has persistently failed to clear up
property rates arrears to urban councils. Payment of these rates
would be one of the sources of revenue to the urban authorities.
Response
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With the current funding levels, Uganda Land Commission (ULC) is
not in position to pay up property rates to the urban authorities. The
Ministry has brought this matter to authorities and our view that
either the ceiling for ULC should be increased to cater for these
arrears or a new policy change to require each MDAs to pay up its
property rates be adopted.
STATUS OF GOVERNMENT LAND UNDER UGANDA
LAND COMMISSION (ULC) IN LGS IS ASSOCIATED
WITH SOME THE FOLLOWING PROBLEMS
ESPECIALLY IN URBAN AREAS WHERE THE DEMAND
FOR LAND IS HIGH:
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ULC does not know exactly which pieces of land are they
owned, their sizes and location and what belongs to and
under control by the DLBs;
That when individuals apply for these pieces of land, ULC
neither carries out physical inspections nor consults (local
authorities) on physical development plans under which
such pieces fall.
The allocations are made by the commission without due
consideration for the physical development plans and
sometimes, developer’s building plans on such pieces are
never submitted to the local authorities for approval.
CONTD…
Response
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ULC is carrying an inventory of Government
land as a routine activity. There is also a plan to
obtain financing from World Bank through
Private Sector Foundation and Ministry of
Lands, Housing and Urban Development for a
project to cover the activities. At the end, all land
owned by Government will be surveyed and titles
prepared for each.
CONTD…
The Land regulations are being amended to make
it compulsory for ULC and DLBs to work with
the Area Land Committees before allocating any
piece of land to any person or developer. It is
prudent and advisable the two bodies work
closely with each other which apparently is not
happening.
 Enforcement of the Physical Planning Act will
address most issues of non- compliance with the
physical plans especially in urban area.
 ULC carries out inspection and in upcountry
areas, it uses the District land officers and Area
Local Committees to get status quo on particular
pieces of land.
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SECTOR ISSUES THAT REQUIRE
ATTENTION OF THE LOCAL
GOVERNMENT.
Status of the National Land Policy
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The National Land policy was approved in February 2013 and
gazzeted in August, 2013. The NLP provides government
framework for Management and administering of Land
Districts are expected to access and internalize it and start on
the process of developing their district land policies. The policy
can be accessed from the Ministry Website; hard copies will be
disseminated later.
Land information system(LIS)
LIS is fully operational in 6 MZOs
(Wakiso,Masaka,Mbarara,Mukono, Jinja and KCCA),
Entebbe, National Land information center and Ministry
headquarters which serves the rest of areas of the country
which are not covered by the MZOs. The establishment of the
LIS has streamlined the land transaction processes and
minimized on the time taken
CONTD…
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District Revenue collection by MZOs
Each District falling under the MZOs is supposed to provide
their collection account number so that the revenue collected
is paid to that account. Failure to submit the respective
accounts will result into the hosting district benefiting from
the Revenue.
Land evictions and disputes:
The Ministry continues to receive reports of illegal land
evictions out of distributes between land lords and tenants.
The Ministry has tried to mediate with a view of restoring
harmony and avoiding landlessness. And sometimes the
Ministry refers the disputes to courts of law or customary
dispute resolution institutions.
It is important that the Districts sensitize the people on rights
and obligations of land owners and tenants in order to ensure
harmonious developments and growth of the economy.
INFRASTRUCTURE DEVELOPMENT
PROGRAM (USMID)
The Government of Uganda through Ministry of lands
is implementing a USD 160 Loan project; Uganda
Support to Municipal Infrastructure Development
Program (USMID) in Municipals of Arua, Gulu, Lira
(Northern Uganda); Soroti, Moroto, Mbale, Jinja and
Tororo (Eastern Uganda); Entebbe, Masaka (Central);
Mbarara, Kabale, Fort Portal and Hoima (Western
Uganda).
 The project will build urban infrastructure and build
institutional capacities of both the MoLHUD and the
municipal LGs. The project became effective on 4th
September, 2013 and was launched on 22nd, October
2013.
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ISSUES CONTD…
The prototype house plans:
 The plans are produced by the Ministry and are
in the following categories; Two bedroom house
plans, Three bedroom house plan, Various roofing
option, Varied spatial; arrangement, self
contained and shared wash rooms
 They are free of charge and can be accessed from
the Ministry Website; District and Municipal
physical planner.
ISSUES CONTD…
Real Estates Policy
 The Ministry is developing the Real Estates
Policy to address the challenges of Real Estates
Development. It is at stake holder consultations
stage