Lawyer Male Mabirizi has once again turned to the Constitutional Court in his ongoing legal battle regarding the activities of the Kabaka of Buganda Kingdom, Ronald Muwenda Mutebi, and his agents. In a recent petition, Mabirizi is seeking a temporary injunction to halt activities that include mass settlers' registration and the collection of ground rent, also known as Busuulu Collections.
The Attorney General of Uganda is among the respondents listed in Mabirizi's application, which argues that these activities are scheduled to commence on October 1st, 2023, targeting settlers on official mailo land registered in their names.
Mabirizi's primary requests to the court are aimed at preventing the Kabaka and his agencies, including the Buganda Land Board and Enkuluze (Royal Treasury), from conducting activities that suggest they are registered owners of official mailo land. This includes imposing registration fees, making threats against individuals residing on Mailo land, and collecting a 10 percent charge of the sale value of land or Kibanja on the official Mailo land.
Additionally, he seeks to halt the collection of money from non-lease Buganda people in the area and government agencies, including ministries, police, courts, UPDF, KCCA, and local governments, from supporting Kabaka in carrying out these activities.
Mabirizi's argument is based on his contention that the Kabaka is merely a trustee of the official Mailo land, and thus, all charges related to it are illegal. Notably, Mabirizi filed a petition in 2022 challenging Kabaka's actions of presenting himself as the registered owner of official Mailo land and the government's support for such claims.
Despite the pending petition, he claims that the respondents have continued with their activities and have announced a mass settler's registration and ground rent collection set to begin the following month. Mabirizi argues that if the court does not grant his application, there is an imminent danger that the respondents will proceed with these exercises, potentially causing irreparable harm to him.
This is not the first time Mabirizi has attempted to halt ground rent collections. In 2020, Supreme Court Judge Dr. Esther Kisakye declined his application to stop these collections, and in 2017, a High Court decision by Patricia Basaza ordering the Kabaka to provide certain information was overturned by the Court of Appeal panels of justices led by Justice Egonda Ntende. Mabirizi has now filed a similar case in the Constitutional Court, which is pending a determination.
The Constitutional Court is set to deliberate on Mabirizi's latest petition, and this development adds to the ongoing legal saga surrounding the activities of the Kabaka and the Buganda Kingdom. It remains to be seen how the court will weigh the arguments and make its decision, which could have significant implications for land ownership and related charges in the region.
