NGO drags government to court over illegal cancellation of titles
By Ruth Anderah.
The Attorney General of Uganda has been dragged to the Constitutional Court by concerned Citizens under their umbrella, “Citizens’ Concern Africa over illegal cancellation of titles.
The NGO that is focused on improving social accountability and good governance, protection of the environment, as well as the observance of rights for all, says it is aggrieved with the provisions of the law entitling the government to issue and cancel land titles as and when it pleases, without a Court order.
The Organization contends that section 91 of the Land Act, which empowers the Commissioner of Lands to notify the persons likely to be affected by the cancellation, to give reasons why their titles shouldn’t be cancelled, contravenes article 28 of constitution as it denies the victims a fair hearing before an independent and impartial tribunal.
They also argue that the same provision of the Land Act, contravenes rules of natural justice where Government through the said Commissioner of Lands becomes a judge in its own case, and the cancellation sees the respective land revert back to the Government.
Through their Lawyers, Joe. R. Karigyenda & co Advocates, the Organisation avers that much as the Constitution allows the Government to hold resources and the lands harboring the same in trust for the people, in the same way the Commissioner of Lands ought to seek a Court order before cancellation of such titles.
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