The government has halted the issuance of special certificates of title for three months as it investigates suspected fraud, double titling and manipulation of land records.
Lands, Housing and Urban Development Minister Judith Nabakooba said the suspension, effective immediately, is intended to expose weaknesses in the system and strengthen safeguards against abuse.
Announcing the decision on August 27 at the Uganda Media Centre in Kampala, Ms Nabakooba said the ministry had received numerous complaints from landowners, financial institutions, traditional institutions, administrators and beneficiaries of estates over irregular transactions involving special certificates.
The complaints include alleged double titling, overlapping interests, fraudulent statutory declarations, manipulation of succession processes and transfers of land based on special certificates despite the original duplicate titles reportedly still being in existence.
“I have received many complaints relating to alleged double titling, overlapping interests, fraudulent statutory declarations, manipulation of succession processes, irregular dealings involving land belonging to deceased persons, and subsequent transfers of land based on Special Certificates yet the original duplicate certificates are known to still be in existence,” Ms Nabakooba said.
She said the suspension will allow the ministry to conduct a comprehensive review of the procedures, controls and safeguards governing the issuance of special certificates of title.
Under Section 70 of the Registration of Titles Act, a special certificate may be issued where the duplicate certificate of title has been lost, destroyed or rendered useless, subject to prescribed procedures.
The process requires an application accompanied by a declaration regarding the loss or damage of the certificate, payment of prescribed fees and publication of a 30-day notice in the Gazette to allow interested parties to lodge objections.
Where there are no objections, the Office of Titles issues a special certificate that mirrors the original and invalidates the old one.
Ms Nabakooba said special certificates may also be issued by the Registrar of Titles pursuant to orders of courts of law.
She, however, stressed that the government was not abolishing the legal mechanism for obtaining special certificates.
“Special Certificates of Titles 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.
The minister said the three-month review will help the ministry identify weaknesses, investigate reported abuses and strengthen verification and due-diligence procedures.
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.
Ms Nabakooba said the process would be evidence-based and could result in administrative changes or recommendations to amend the Registration of Titles Act where existing procedures are found inadequate.
Public officers found responsible for misconduct, she said, will face disciplinary action in accordance with the Public Service Standing Orders.
Third parties who deliberately collude with officials or submit false information will also be investigated and held accountable under the law.
The minister promised that complaints from citizens affected by irregularities would be handled fairly and expeditiously based on evidence.
“The objective is to strike the right balance between security and accessibility, due diligence and efficiency, and administrative oversight and the statutory independence of the Registrar,” she said.
Ms Nabakooba said the integrity of the land register was critical because certificates of title are relied upon by citizens, courts, financial institutions, investors and property buyers when making decisions involving substantial economic value.
“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,” she said.
She directed the Permanent Secretary to constitute a technical team with clear terms of reference, including the three-month timeline, scope of work and expected deliverables.
Ms Nabakooba also directed the Office of Titles to notify courts about the temporary suspension so that the decision is not interpreted as a refusal by government to provide land services.
