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omanyi bagamba osagiranga kugwewali osagiddeko evuvumira teriyinza kuggwa kumunyangoMuseveni’s letter to Kabaka
Your Highness, the Kabaka,
UNITY AND STABILITY OF OUR COUNTRY
Greetings and Salutations toyou.
I am writing to you in connection with the stability and good governance of our country. As you know, the National Resistance Movement (NRM) defeated the dictatorships of Amin and Obote after many years of armed struggle.
In 1986, NRM took State power. We rehabilitated the infrastructure, the economy and so on. That is why, for instance, goods and services which were in scarcity are now plentiful.
In respect of the Traditional Leaders, through the Traditional Rulers (Restitution of Assets and properties) Act 93, we made it possible for areas of Uganda that so wished to restore or create these institutions.
In order to avoid past mistakes, however, as well as being in conformity with the modern principles of societal management, we made it categorical that the Traditional Leaders should never involve themselves in partisan politics. In the 1995 Constitution, this position was affirmed in the following words under Article 246 3(a)...
(e)"a person shall not while remaining a traditional leader or cultural leader, join or participate in partisan politics''.
As soon as we entered into competitive politics in 1996, however, I started seeing people that were associated with the traditional institutions, especially in Buganda, making it their main business to take sides in political competition.
They, especially made it their business to oppose the National Resistance Movement Government.
This trend was "repeated in 2001. In 2006, it became worse. The Katikiro, Mr Dan Muliika, went to the extent of holding FDC rallies in Bulange and Kasubi tombs.
The Buganda Kingdom Radio, Central Broadcasting Services (CBS), was always misinforming the public about the NRM in particular. Some months ago, I myself, by accident happened to listen to that radio falsely stating that I had clamored for a salary increase -"Nanyinimu akayanira emere". I asked Mr Kaaya- Kavuma, who is some official in that radio station, to demand an explanation.
He apologised and promised that the radio will not tell lies, again. A radio station or a newspaper owes it to the public to report only the truth. However, that radio has persisted in telling lies.
One time there was a bye-election in Kalungu East and during the campaigns, CBS falsely alleged that "Museveni yagula Radio stations eze Masaka zonna okumala ennaku bbiri obutatekako Mbidde", to which our people protested again, but to no avail. On hearing about these lies, I contacted Mr Kaaya-Kavuma again who was in South Africa, then. He re-assured me that he would end these lies. Unfortunately, the lies are still ongoing.
Since the economy is growing fast, sections of the population have got some money and they are investing in properties. As you can see, Kampala is now almost joining Entebbe, Mukono, Matugga and Nansana.
Similarly, there is increased activity in buying land because those with money want to engage in modern development. This good economic movement was, however, creating social problems, especially the displacement (evictions) of tenants from Mailo land and some leaseholds. This was the outcry whenever I went up-country.
The 1928 Busuulu and Envujjo Law and the Land Act of 1998 had all introduced two elements:
No eviction of tenants (except with the court order) and
A ceiling for Busuulu.
The Busuulu and Envujjo law of 1928 says as follows: Section 11:
"No tenant may be evicted by the mailo owner from his kibanja save for public purposes or for other good and sufficient cause and unless a Court having jurisdiction shall have tried the case and made an order of eviction. Such order of eviction must be in writing and in triplicate: one copy shall be given to mailo owner, one copy of the tenants or his representatives, one copy shall remain in the file of a case.
All appeals in such cases shall be taken according to the usual procedure of appeals provided that while a tenant is still prosecuting his appeal or until his time for appeal is expired he shall remain in undisturbed position of his kibanja and in enjoyment of the fruits thereof until such time as the order of eviction shall have been received from the final court of appear"
The 1998 Land Act in sections 31 and 32 prohibit eviction of tenants except for non-payment of rent and after an elaborate court process. In the same Act, section 35 a tenant can only be compensated if he is willing. It is the willing seller, willing buyer principle. He cannot, therefore, be legally evicted. During the campaigns, I kept explaining this position to the members of the public and I would tell them, "babakanga bukanzi. "They have no legal basis'to evict you if you are a legal tenant or bona fide occupant'' However, due to the ignorance of the peasants and corruption of the Judiciary, peasants were being evicted massively and illegally. It is this problem that necessitated the need to strengthen the implementation of the 1998 Land Act.
The proposals are, therefore, not to change the substance of the principles - no eviction of the tenant - lawful or bona fide except by a court order and only for non-payment of the rent.
The teeth of the proposed law, is, therefore, in punishing those who take part in the illegal evictions of tenants and also in giving the tenants the first option of buying in case the land lord wants to sell. Similarly, the tenants must give the land lord the first option of buying back the Kibanja in.case the tenant wants to sell.
As soon as these ideas were mooted, groups claiming to be speaking for the "Buganda Kingdom" went out on the Central Broadcasting Services (CBS) and holding public rallies telling incredible lies. "Ettaka ligenda"- would claim. Ligenda wa? What, in this proposed law can make the ttaka kugenda? We are seeking to effectively implement the Land law of 1998 by stopping the illegal land evictions.
The title of the land owner is not being cancelled. In-fact, it was the NRM that restored that title in the 1995 Constitution having been abrogated by the Amin Land Reform Decree of 1975.
Therefore, for somebody to claim that ettaka ligenda because of this law, is to tell a lie. It is unprincipled intrigue (enkwe).
Unfortunately, these nkwe are being engaged-in by people using, the coyer of the traditional institution of Buganda which, like other f traditional institutions, should never engage in partisan politics -nkwe or no nkwe.
Even if there was a proposal for more fundamental land reforms, it is not the role of the Traditional Institutions to engage into that debate. All parts of Uganda, since 1986, have elected political leaders to do that job.
Ever-since 1996, these leaders are elected by universal suffrage, by secret ballot, at Tegular intervals. There are LC Is, LC Us, LC Ills, LCVs, Members of Parliament. These are the people to discuss partisan political issues not the traditional institutions.
Therefore, these groups are in breach of the Constitution in addition to committing serious offences of sedition by deliberately misinforming the public in order to cause disaffection (kukyayisa} for the National Resistance Movement.
The law enforcement agencies should have long ago intervened to stop this law-breaking; but I restrained them because I had not met you and we also did not want to send wrong signals to the delegates who were coming here for Chogm since a few of them were looking for pretext not to come to Africa (Uganda). Chogm was a roaring success- showing the great, long-tested organisational capacity of the NRM. It is now time to talk about this intrigue, bad faith, sedition and un-constitutionalism.
The CBS has also been propagating sectarianism, claiming that Ba/aa/o (derogatory term) were taking over the land of the Baganda. Land in the whole of Uganda is governed by the Land law and other laws of contract. Which muhima, Your Highness, has acquired land in Uganda, or Buganda in particular, illegally with the connivance of the Government?
Other than forest reserves and some few government lands that are encroached on by squatters, I am not aware of any land illegally grabbed with impunity.
The encroachers in forest reserves and other Government lands are from all communities in Uganda. It is a national problem that will be solved by industrialization and modernisation in addition to other temporary measures. Behind this sectarianism there is also historical marginalization of the non-Baganda communities that were put in Buganda by the British: the Bakookf, the Baruuli, Banyala, Banyorvand BanyankoreWhen your CBS radio is busy demonizing the so- called 'Balaalo", is Your Highness aware that some of those people are the indigenous inhabitants of those areas? Besides, there are other groups that migrated into the region and contributed to the growth of the area.
Your Highness, why do you associate yourself with groups that undermine the unity of Ugandans or Africans? By so doing you become an enemy of the interests of Baganda even in the narrowest sense of the word.
The prosperity of all Ugandans is inter-dependent. The businessmen in Ndeeba, Kireka, Bwaise, Nakuiabye, have their businesses supported by buyers from the North, the West, the East and those from Buganda. If you were to send somebody to Juba, Kigali, Mombasa, etc, you will find Baganda and other Ugandans there.
The only difference is that we are not able to offer the protection the Uganda State offers those that are operating within the Ugandan boundaries. Indeed, our businessmen suffer, they sometimes get killed and we only depend on negotiating with the host states. That is why we are supporting the idea of the east African Federation to create more room for business, etc for the people of the whole region. It is, however, always necessary to create safeguard for the local communities in wider units and these are there in the Constitution of Uganda, the latest being Article 178 on the Regional governments.
I, therefore, would like to express my displeasure at those who undermine the unity of the Africans by word of mouth or by actions. As soon as we finished with Chogm, I sought to meet Your / Highness so that I discuss these issues with you at the earliest opportunity. I proposed the date of December 18, 2007 which they told me you had accepted.. However, I have seen the Ag. Katikkiro's letter of December 17, 2007 proposing a change of date between January7 or 11 2008. Of course, I do not mind any change in the date. The only urgency is that the lies and incitement by the political opposition using the monarchy in Buganda - through radios and public rallies- must stop.
While it is my Constitutional obligation to maintain law and order and guard the Constitution of Uganda, I prefer to request Your Highness to be the one to stop the hate campaign and incitement carried out by these groups on the radio and the public rallies. I would prefer not to have to act independently. If the groups are restrained, then I have no problem waiting for any of the dates you have suggested. In fact, I would prefer the latter date of January 11, 2008 because I will be busy earlier in the New Year.
I will appreciate it if Your Highness was to inform me of the specific steps you are taking in respect of the above-mentioned concerns.
Yowen K. Museveni PRESIDENT
.soma olabe binno.
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