I. Content of the Land(Amendment) Bill According to Government, the principal objective of the proposed amendment is to enhance security of tenants on registered or customary land. For that purpose five amendments to the current law have been suggested. First, by amendment to Section 31 of the Land Act, the Minister shall be given the power to determine the nominal annual ground rent payable by lawful or bona fide occupants on mailo 12 , freehold or leasehold land in case the District Land Boards(which under current law have this task) fail to do so. Second, by insertion of a new Section 32 A, evictions of lawful and bona fide occupants on so-called mailo or freehold land may only take place upon an order of eviction issued by“a court” and only on grounds of non-payment of rent. At the same time, the period before a registered owner may apply for a court order for eviction is shortened form formerly two years to one year of non-payment of rent. Third and similarly, according to a new Section 32 B, a person claiming interest in land under customary tenure may only be evicted upon a court order. The order shall provide for an adequate compensation and shall only be issued after a hearing of the interested persons has been conducted, a report of the land committee has been received and the locus in quo has been visited. Besides, the proposed Sections 32 A and 32 B provide for a seven year jail term for any person who unlawfully evicts occupants. Fourth, by amendment to Section 35 of the Land Act, it is stipulated that a tenant by occupancy who wishes to assign his/her occupancy rights and does not give the first option to the landlord is liable on conviction to a fine not exceeding 96 currency points(UShs 1,920,000) or imprisonment not exceeding four years or both. On the other hand, if a landlord wishes to sell his/her land which is occupied by a tenant and does not give the first option to buy to that tenant, such transfer is invalid and shall not be registered on the title. Fifth and lastly, an amendment to Section 92 of the Land Act is introduced to tighten the penalties for people who wilfully and without the consent of the owner occupy land belonging to another person. Whereas currently it is stipulated that such offence makes liable to conviction to a fine not exceeding 25 currency points(500,000 UShs) or imprisonment not exceeding one year or both, the proposed amendment is providing for the payment of a fine not exceeding 96 currency points(UShs 1,920,000) or imprisonment not exceeding four years or both. 12 Mailo means“mile” in Luganda and refers to the land(normally occupied by peasants) which had been allocated to the Kabaka, notables and chiefs under the 1900 Agreement between the Buganda Kingdom and the British protectorate government. 5
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What should be done to enhance tenure security in Uganda and further development? : The land (amendment) bill 2007, ITS shortcomings, and alternative policy suggestions
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