By Ben Musanje
The Government has temporarily halted the routine issuance of Special Certificates of Title for three months to allow the Ministry of Lands, Housing and Urban Development to investigate alleged fraud and strengthen safeguards in the land registration system.
Lands Minister Judith Nabakooba announced the decision on Wednesday, saying the review followed increasing complaints of irregular issuance of replacement titles, including allegations of double titling, overlapping interests and fraudulent statutory declarations.
The suspension affects the routine issuance of Special Certificates of Title by the Ministry’s Department of Land Registration and its 22 Ministry Zonal Offices.
Under Section 70 of the Registration of Titles Act, a Special Certificate of Title may be issued where an original duplicate certificate has been lost, destroyed or rendered unusable, subject to a statutory declaration and publication of a notice in the Gazette for at least 30 days to allow objections.
Nabakooba said the existing procedure has come under scrutiny following reports that some Special Certificates were allegedly obtained despite original duplicate certificates still being in existence.
She also cited complaints involving the manipulation of succession processes and irregular dealings in land belonging to deceased persons, with subsequent transfers allegedly being based on Special Certificates.
“As the Political head of the Ministry, I have received many complaints relating to alleged double titling, overlapping interests, fraudulent statutory declarations, manipulation of succession processes and irregular dealings involving land belonging to deceased persons,” Nabakooba said.
The Minister stressed that the suspension does not abolish the legal process for obtaining a Special Certificate of Title and is not intended to permanently deny genuine landowners access to replacement titles where original certificates have genuinely been lost or destroyed.
Rather, she said, the three-month intervention will allow the Ministry to identify loopholes, investigate reported abuses and strengthen verification and due-diligence procedures.
“Special Certificates of Title are not inherently problematic. The concern is the abuse or manipulation of the process through which they are obtained or issued by Office of Titles,” she said.
Nabakooba said the review will be conducted in collaboration with investigative agencies, the Uganda Law Society, Uganda Bankers Association, Private Sector Foundation, Survey Registration Board and other professional bodies.
The Ministry will examine the existing procedures and institutional safeguards and recommend administrative changes or amendments to the Registration of Titles Act where necessary.
Public officers found responsible for misconduct will face disciplinary action under the Public Service Standing Orders, while third parties who deliberately provide false information or collude to undermine the land registration system will be referred to investigative authorities.
The Minister also pledged to address complaints from innocent landowners affected by irregular transactions and ensure that cases are handled fairly and expeditiously based on available evidence.
She said the ultimate objective is to protect the integrity of the national Land Register while ensuring genuine proprietors can still access lawful land registration services.
“One parcel of land must have one legitimate title. The Land Register must be trusted. No Ugandan should lose his or her land because another person was able to manipulate the process for obtaining a Special Certificate of Title,” Nabakooba said.
She directed the Permanent Secretary to constitute a technical team with clear terms of reference, a three-month timeline and defined deliverables.
The Office of Titles has also been instructed to notify courts of law about the temporary suspension so that the measure is not misconstrued as a general refusal by the Ministry to provide land services.
The Minister said the Government intends to strike a balance between security and accessibility, due diligence and efficiency, and administrative oversight and the statutory independence of the Registrar of Titles.
The review comes amid broader efforts by the Ministry to strengthen controls around Uganda’s land registration system and protect registered proprietors and third parties from fraud and administrative manipulation. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
