customary tenure. To provide a proper understanding of this thesis, I will first give a short overview of the current legal situation(a) before analysing the Bill’s impact(b). b) Current legal situation Customary tenure is one of the four forms of land tenure recognised by Article 237 of the Constitution. Section 3(1) of the Land Act defines it as a right which is subject to local customary regulations and provides for communal and individual or household ownership. With the exception of mailo land in Buganda and land in urban areas, most land in Uganda (over 80% 100 ) is held under customary tenure. The specific terms of the tenure vary according to the ethnic group and region of the country 101 . In some places, especially the northern regions, ownership of land is mainly communal with usufructs rights for individual persons or families. In other places, mainly in the densely populated southern and eastern area, there is a trend towards individual ownership 102 . Like freehold or mailo tenure, customary tenure is a tenure in perpetuity. Any person, family, or community holding land under customary tenure on former public land may acquire a certificate of customary ownership(Section 5 Land Act). Like a freehold or mailo title, the certificate of customary ownership theoretically may be transferred, mortgaged, or otherwise pledged and shall be recognised by financial institutions for access to credit(Section 8 Land Act). The main difference between customary and other forms of land tenure is that the former is governed by customary laws – that is to say by rules generally accepted as binding by a particular community – and that ownership is generally a function of community, family or lineage membership. Customary rules apply as long as they are not repugnant to natural justice, equity, good conscience or incompatible either directly or indirectly with written law (see Section 17(1) Judicature Statute, No. 13 of 1996). Under current law, Land Boards have the authority to issue a certificate of customary ownership after receiving a recommendation of the Land Committees(Section 4 et seq. Land Act). The Land Committee shall give recommendations in accordance with customary law (Section 5(c) Land Act) and, before making a recommendation, has to follow a detailed procedure, including the placement of a public notice about the claims and conducting a hearing of any person claiming interests in the concerned land. The Committee may also seek advise of customary institutions(Section 5(2d) Land Act). After receiving a recommendation of the Committee, the Land Board may endorse, alternate or reject it(Section 7 Land Act). If 100 Ministry of Lands, Housing and Urban Development, Drafting the National Land Policy, Working Draft 3 (January 2007), 5.2.11, 102. 101 Morris/Read, Uganda: The Development of its Laws and Constitution(1966), pp. 353-359. 102 Obol-Ochola, Customary Land Law and Economic Development in Uganda(1970), pp. 67-116. 29