The Uganda Law Society (ULS) has said the directive to obtain consent from the District Security Committee (DSC) for an eviction when a court order has been issued, heavily undermines the independence and the effectiveness of the judiciary.
The remarks followed president Museveni banning all land evictions in the country without the consent of the respective District Security Committees.
In a statement, Pheona Nabasa Wall, the president ULS noted that this practice will amount to vesting the right to hear, resolve and execute disputes in the hands of the security organs which usurps the power of the judiciary.
“The police are currently involved in the execution of a land eviction, to provide security and ensure the enforcement of court orders. The district security organs may be informed of a pending eviction as a matter of courtesy, beefing up security and restoring the faith of the justice system in the eyes of the community,” said Wall.
She explained that the disputes between land owners and tenants should be heard before a court of competent jurisdiction.
Wall stated that any mischief that may be occasioned by all actors should be addressed in courts of law, and provides the judiciary and the public justice actors with the necessary means needed to enforce the law.
“The Uganda Law Society remains committed to assisting the government in all matters affecting legislation and the administration and practice of law in the country in accordance with its mandate enshrined in Uganda Law Society Act, Cap 276 Laws of Uganda,” she said.
She said the society is aware that the land tenure system is rife with a number of illegal land evictions and the Resident District Commissioners (RDC’s) have played a role in mediating and resolving some of these disputes.
She however noted that the judiciary is vested with the mandate to resolve disputes and issue eviction notices after taking into account the evidence presented before the courts of law.
She advised magistrates and other courts on practicing guidelines involving land evictions, transactions and executions which in their current application involve the police.