the Minister to determine rent and courts to issue orders of evictions for non-payment of rent will not stop evictions. The real problem, i.e. the relationship between the occupants and the registered owners, the lack of a functioning land administration and registration system, and the consequences this has for development, is not addressed by the amendment. f) The impact of criminalisation of unlawful evictions and of illegal land grabbing(new Section 32 A, B and amendment to Section 92(4) Land Act) Similarly, the part of Section 32 A and B which criminalises forced evictions will do little to actually stop evictions or have any positive impact on land utilisation. As pointed out by the attorney general of the Buganda government, Apollo Makubuya, there are existing provisions of the Penal Code which already criminalise evictions. Makubuya has namely cited Section 77 of the Penal Code which forbids forced entry on land and Section 76 of the Penal Code that forbids going armed in public 66 . As for Section 76 of the Penal Code, it has to be conceded that it only prohibits carrying of offensive weapons“in public”. Since Section 76 is contained in the Chapter on“offences against public tranquillity” and since Section 2(z) defines“public places” as places where the public are entitled or permitted to have access, somebody carrying weapons to evict people on private property cannot be considered to fall under this provision. Consequently, all evictions taking place on private land will not qualify as an offence under Section 76. And even armed evictions carried out on public land would“only” hand down a five year term of imprisonment under Section 75 of the Penal Code – in contrast to the seven year term proposed by the amendment. Meanwhile, under Section 77 of the Penal Code, any forceful eviction constitutes an offence already today. This provision qualifies as a misdemeanour any entry on land in a violent manner, in order to take possession thereof, irrespective of whether the person is entitled to enter or not. The only exception is when the person enters upon lands or tenements of his or her own which is in the custody of his or her“servant or bailiff”. Since tenants cannot be considered“servants” or“bailiffs”, under Section 77 of the Penal Code, any forceful eviction of bona fide and lawful occupants constitutes a criminal offence. The only difference which remains, compared to the proposed law, is that under the Penal Code the offence is solely qualified as“misdemeanour” which according to Section 23 of the Penal Code means that it is punishable with imprisonment not exceeding two years. In contrast, under the new amendment it would be a major offence which would hand down a jail term up to seven years. 66 Makubuya, Attorney General of Buganda Kingdom, 10 Points Why the Land(Amendment) Bill 2007 Should not Pass, point 1. 17
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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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