Legality of Special Certificate Suspension Questioned by Lawyers and MPs

Lands Minister Judith Nabakooba’s decision to halt the issuance of special certificates of title for three months has drawn significant criticism from legal professionals and lawmakers. The directive, effective August 14 and lasting until December, was intended by the minister to allow the Ministry of Lands to review processes and implement stronger safeguards against fraud and double titling.

However, legal practitioners argue that while the concerns about land fraud are valid, an administrative directive cannot legally suspend a process established under the Registration of Titles Act. They contend that the minister’s concerns address symptoms rather than root causes within Uganda’s land administration system.

A special certificate of title, as explained by legal experts, is a replacement for an original certificate and does not create a new land interest. The Registration of Titles Act provides a mechanism for obtaining a replacement when a certificate is lost or damaged, requiring applicants to make a statutory declaration under oath and provide a police report. Those who provide false information face criminal consequences.

Critics question why this entire process should be suspended due to potential abuse by some individuals. They suggest that authorities should focus on identifying and investigating suspicious applications and strengthening verification procedures instead of enacting a blanket suspension. Lawyers emphasize that the minister can issue guidelines within the law but lacks the power to override statutory rights or the Constitution.

The Uganda Law Society has also formally challenged the directive, stating in a letter that a ministerial directive cannot suspend a statutory provision and that administrative power must remain within legal bounds. They advocate for investigating fraudulent cases and holding individuals accountable rather than halting the process for everyone.

While the Ministry of Lands maintains the suspension is crucial to protect landowners and restore confidence in the land registry, citing numerous complaints about fraudulent issuance, the controversy highlights a conflict between administrative action and established legal procedures. The matter has been referred to Parliament’s Lands Committee for further scrutiny.