27 November 2009

The government breathed a huge sigh of relief yesterday as Parliament finally passed the controversial Land (Amendment) Bill 2007.

However, Buganda Kingdom, which has provided the fiercest opposition to the Bill, issued a declaration yesterday that it would not respect the new piece of legislation which now awaits presidential assent.

"We are still opposed to the proposed land reforms and we shall continue our sensitisation to the public about its negative content," said Buganda Prime Minister John Baptist Walusimbi at a hushed news conference in Kampala. "Even when it is passed, it will remain an idle piece of legislation."

Once in force, however, the Act will hand down a seven-year jail sentence or a fine of Shs1.9 million, or both penalties, to any individual who evicts or attempts to evict tenants without order of court. The new law will offer tenants a grace period of six months before an eviction order can be effected.

The Bill's passing was, however, marred by controversy following debate on a motion moved last week by Lands Minister Omara Atubo to sanction its passing.

Chaotic floor

There were chaotic scenes on the floor as several opposition MPs contested results of a vote on the motion which saw a majority 112 MPs vote in favour while 55 voted against the motion.

MPs Odonga Otto (FDC, Aruu), Ben Wacha (Indep, Oyam North) and Amooti Otada (NRM, Kibanda) abstained.

Speaker Edward Ssekandi faced a torrid time trying to maintain order on an afternoon when tempers flared, lawmakers heckled at each other and emotion got the better part of them.

Trouble began moments after Mr Ssekandi put the motion to vote, following a lengthy response by Mr Atubo to comments by MPs on the Bill.

Mr Ssekandi chose to ask MPs to vote by voice, putting the question: "Those in favour of the motion say aye to the contrary nay," in what proved to be the first sticky point of the day.

"The ayes have it," ruled Mr Ssekandi, prompting protests from the opposition with several MPs standing up as they questioned the veracity of the results.

"Sit down, I have counted you," Mr Ssekandi said.

Sensing the amount of hostility the issue had generated, the Speaker turned to voting by show of hands. Up went the hands but several opposition MPs rose on points of procedure to question the manner of voting.

Kumi MP Patrick Amuria moved to compel the Speaker to invoke a different form of voting after he reported that several ruling party MPs who had failed to obtain seats because the chambers were packed, would render the vote suspect.

"We run the risk of double voting," said the MP. But Mr Ssekandi proceeded with the vote, asking MPs who were standing in the corridors to move to the main porch of the floor. The MPs voted in rows, with each member putting their hand up, either in favour, or against or abstaining.

Kingdom before party

Three ruling party MPs, Ibrahim Kaddunabi (Butambala), Rebecca Lukwago (Luweero Woman) and Peter Mutuluza (Mawokota North) chose to defy the wishes of their party and voted against the Bill.

It appeared that the trio, who have consistently expressed opposition against the Bill, chose to put loyalty to their kingdom, Buganda, ahead of party faith.

With defeat looming in the air, several opposition MPs stood up to protest the vote.

"We cannot hear you," they shouted. "Order, Order, Order," laboured Mr Ssekandi. "Hon. members, you should develop a culture of accepting defeat," he said.

The House was expected to proceed with scrutiny of the Bill clause by clause, but a motion by Masaka MP John Kawanga to stay proceedings to allow Muslims celebrate Idd, plunged the House into further disarray as MPs threw jibes at each other.

Mr Ssekandi was forced to suspend business for close to an hour as tempers flared on the floor.

90 minutes

And when the House reconvened, it was just a matter of clockwork as MPs passed the Bill within 90 minutes.

The House threw out Clause 32(B) of the Bill which sought to compel courts to arbitrate disputes on customary land. A new clause was introduced in the Bill that bars tenants selling their right of occupancy without giving the registered owner first priority. The Bill also empowers the Lands Minister to determine ground rent within six months after district land boards have failed to do so.

With the Land Bill assignment out of the way, Mr Atubo said the government would table a new Bill next week to effect regional tier governments.

allafrica