Kampala — The Government’s three-month suspension of the issuance of special certificates of title has received support from sections of the public, although concerns remain that the measure could leave genuine landowners struggling to replace legitimately lost documents.
The suspension was introduced after growing concerns over fraud and abuse in the process of obtaining replacement land titles. The Ministry of Lands, Housing and Urban Development says the temporary halt is intended to allow it to review and strengthen verification procedures before special certificates are issued.
Ssegawa Isaac, the Chief Executive Officer of Tzaka Consultants Limited, supports the suspension, saying it could help close loopholes being exploited by fraudsters.
“Stopping the routine issuance of special titles is good because it reduces scams,” Mr Ssegawa said.
However, he warned that the measure could also create problems for genuine landowners who urgently require title documents to complete transactions, secure bank loans or meet other legal and financial obligations.
Mr Ssegawa said the existing verification process could help separate legitimate applications from fraudulent ones if it is properly enforced, instead of restricting access to replacement titles altogether.
Under the current process, an applicant seeking a special certificate of title is required to provide supporting documentation, including letters from the Local Council 1, a lawyer and the police.
The registrar then checks the information provided against records held by the land registry. The application is also advertised in newspapers for at least two weeks to allow individuals who may have a competing claim to the property to raise an objection.
Mr Ssegawa acknowledged that the newspaper advertising requirement can be expensive, particularly for people with limited financial resources, but said it serves an important purpose in protecting land ownership.
“I know some people do not have money for newspaper advertisements, but if your land title gets lost, you still have to go through this process so that ownership can be properly verified and a special title issued,” he said.
The concerns come against a backdrop of persistent allegations of fraud in Uganda’s land sector, including cases where people are accused of seeking replacement titles despite the original certificates still being held by banks, money lenders, relatives or lawyers.
Such practices can create competing claims over property and expose unsuspecting landowners, buyers and financial institutions to significant losses.
The Ministry suspended the routine issuance of special certificates in August following complaints about abuse of the process.
Lands Minister Judith Nabakooba said the review was aimed at tightening safeguards and introducing stricter requirements before replacement certificates are issued.
The suspension is expected to run for three months, during which the ministry is reviewing how claims involving lost or missing certificates are verified.
The Government’s decision has therefore created a difficult balance: how to make it harder for fraudsters to obtain replacement titles without making it unnecessarily difficult for legitimate landowners to recover documents that have genuinely been lost.
Landowners and professionals in the sector have urged the Government to ensure that the review maintains a practical mechanism through which genuine applicants can prove ownership and obtain replacement documents.
The Lands Committee of Parliament is also examining the matter as authorities consider reforms to the land administration system.
For Mr Ssegawa, the answer should not be a permanent restriction on special certificates but stronger verification capable of identifying fraudulent applications.
The review, he said, should ultimately strengthen the safeguards around replacement titles while preserving access for landowners who can demonstrate that they are the rightful owners of the property.
The challenge for the Government, therefore, is to close the door on fraud without inadvertently locking genuine landowners out of the system.
