Saturday, July 12, 2025
UG Standard - Latest News
  • Home
  • News
    • DIPLOMACY
    • COURT
    • AFRICA
    • BOOK REVIEW
    • INTERVIEW:
    • National
    • Parliament
    • World
    • Regional
  • Business
    • AGRIBUSINESS
    • OIL & GAS
    • REAL ESTATE
    • TECH
    • INNOVATIONS
    • TELCOM
  • OpED
  • EDUCATION
  • INVESTIGATION
    • NATIONAL ARCHIVE
    • SPECIAL REPORT
    • ANALYSIS
  • FEATURES
    • SOCIETY
    • Community
    • Pictorial
    • PROFILES
    • Lifestyle
    • Health
    • ENVIRONMENT
  • Tours & Travel
    • Hotel & Hospitality
  • Sports
  • About Us
  • Login
UG Standard - Latest News
ADVERTISEMENT

AG Kiryowa quashes COSASE report, orders DAPCB to keep off returned Asians properties

by JAVIRA SSEBWAMI | PUBLIC EDITOR
28/04/2022
in SPECIAL REPORT
Reading Time: 4 mins read
A A
0
Share on FacebookShare on Twitter

KAMPALA – The Attorney General Kiryowa Kiwanuka has rejected recommendations of a Parliament committee which ruled that the Finance minister cancels land titles of departed Asians’ properties that had been fraudulently expropriated by the Departed Asians Properties Custodian Board (DAPCB).

Mr Kiwanuka, in his opinion letter to the Finance minister dated March 11, 2022, said Mr Matia Kasaija has no powers under the law to rescind his past decision of cancelling the titles of the properties issued in error.

Related posts

Hon. Haruna Kasolo (seated middle) with other individuals who accompanied him at NRM offices in Kyadondo on Thursday.

Minister Kasolo nominated for NRM Vice Chairperson, Buganda Region

03/07/2025
218
The accused persons in court today.

Vandalism of Electricity Equipments: 17 charged with terrorism

02/07/2025
208

Looming unemployment: Farmers, Residents in shock as NEMA boss orders the demolition of multi million chicken farm

30/06/2025
343
Suspects in court on Monday.

Mpigi District boss, District Service Commission Members Charged over illegalities in Job offers

30/06/2025
169

The minister of Finance oversees the management of the properties left behind by Asians who were expelled by Idi Amin in 1972.

A sub-committee of the Committee on Statutory Authorities and State Enterprises (Cosase) of the 10th Parliament had directed government to recover at least 100 Departed Asian properties repossessed by former owners and prosecute those who aided their fraudulent transfer.

The Cosase sub-committee had also recommended the prosecution of those who had taken possession of such properties and their reversion into the hands of government.

But the Attorney General warned that such action is illegal and would tantamount to serious legal consequences on the side on government.

“Although the Cosase sub-committee investigations elicited findings similar to those of the old auditor General as contained in the two special audit reports, the recommendation of the Cosase subcommittee that DAPCB initiates the process for cancellation of certain repossession certificates and any substitute titles is legally untenable. This is in light of section 9 (1) (d) of the Expropriated Properties Act Cap 87 and case law and if carried forward such action would only increase on the number of lawsuits likely to cause substantial financial loss to Government,” Mr Kiwanuka said.

He added whereas Section 9 (I) (d) of the Expropriated Properties Act gives the minister power to repossess, sell or dispose of the property for failure by the former owner to return to Uganda in a period of 120 days, once the minister has issued a certificate of repossession, he has no power to cancel it.

The Attorney General quoted the ruling of Justice Mulenga in a case between Mohan Musisi Kiwanuka versus Asha Chand in a matter involving the expropriation of Departed Asian properties.

“Mohan Musisi Kiwanuka versus Asha Chand SCCA Ms. 14 of 2005 which dealt in the certificate of purchase, Mulenga JSC held; “In providing, in section 19 of the Act, (now Section 5 of Cap 87 revised edn. 2000] that a person aggrieved by a decision made by the minister under the Act may appeal to the High Court. Parliament did not expressly reserve in the Minister, any power to review such a decision upon request by an aggrieved person. It only directed that such person should appeal to the High Court. I am also unable to construe from the Act, that the Minister retained any implied power to revoke his decision on the ground that it was made in error. In my view, to do so would perpetuate the very uncertainties about ownership of the expropriated properties, which the Act was, intended to eliminate…..”

Accordingly, the Attorney General said the power to cancel a certificate of repossession “exclusively vests in the High Court.

“the recommendation of the of Cosase subcommittee tor DAPCB to initiate the process for cancellation of repossession certificates acquired and any substitute titles is not capable of implementation in light of the existing case law,” he said.

“Any person who is aggrieved by any decision made by the Minister under the Act, may, within 30 days from the date of communication of the decision to him or her, appeal to the High Court against the decision. Needless to say the time to do this has expired for many of the cases in the report. (1) Once the certificate of repossession (letter of repossession) has been issued, DAPCB has no mandate whatsoever to deal with such property,” he added.

In 2018, then Finance ministry Permanent Secretary Keith Muhakanizi warned the Executive Secretary of Departed Asians Property Custodian Board, Kampala, against cancellation of repossession certificates of Asians properties.

“Reference is made to the recent meeting between the Honourable Kasaija, Minister of Finance, Planning and Economic Development, yourself and the undersigned with respect to the management of properties under the Departed Asians Property Custodian Board (DAPCB),” he wrote.

“The meeting guided that where a Repossession Certificate for properties any under the Board had been issued, only the relevant Courts of Law had the authority to cancel such certificates, in accordance with the law. Furthermore, it was agreed that the Ministry of Finance, Planning and Economic Development and the Board must continue to respect the rule of law. Therefore any orders of Court must be complied with. Please note that any person not acting in compliance with the law, will be held personally liable for whatever actions contrary to the law,” he added.

Last year, the Solicitor General also warned DAPCB that the Minister for Finance has no authority to cancel a certificate of repossession previously he/she issued and that the power is reserved for the High Court of Uganda under the section 15 of the expropriated properties act cap 87.

A lawyer who handled several of the claims of the Asians said; “We welcome the opinion of the the AG and it is what we have been emphasising all along. The AG’s opinion clearly shows that all allocations and purported sales by DAPCB of these properties are illegal and clearly amount to an abuse of power by the Custodian board. DAPCB is not only exceeding its powers, but has also resorted to extortion, both from unsuspecting ‘purchasers’ and Asians. They are even threatening people with evictions and forced entry”.

Share this:

  • Share
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on X (Opens in new window) X
  • Click to share on Pinterest (Opens in new window) Pinterest
  • Click to share on Telegram (Opens in new window) Telegram
  • Click to share on WhatsApp (Opens in new window) WhatsApp

Like this:

Like Loading...

Related

Tags: DAPCBDeparted Asians Property Custodian BoardDeported Asian Property Custodian BoardExecutive director Mr George William BizibuFeaturedKiryowa Kiwanuka

Related Posts

Half of business owners have closed their business in the past five years, the main challenge is access to capital (PHOTO/Courtesy)
INVESTIGATION

1 out of 4 Ugandans own a currently operating business, mostly in agriculture

by JAVIRA SSEBWAMI | PUBLIC EDITOR
14/09/2022
0
161

Half of business owners have closed their business in the past five years, the main challenge is access to capital...

Read moreDetails
The inaugural IUCN Africa Protected Areas Congress (APAC) closed today with the adoption of the Kigali Call to Action by more than 2,400 participants from across the continent and beyond.

Africa Protected Areas Congress: Kigali Call to Action for People and Nature

24/07/2022
154
Nj Ayuk is the founder and chief executive officer of the Centurion Law Group, a Pan-African Corporate Law. He is the Executive Chairman of the African Energy Chamber (PHOTO/Courtesy)

Africa should embrace its fossil fuels – including coal – to secure Africa’s energy future

19/03/2025
173

All you need to know about the East African Crude Oil Pipeline (EACOP) Project

17/09/2022
233
Load More

Popular Articles

  • Check out the top schools with pupils who scored 6 in 4 aggregates in the 2024 PLE results, as released by UNEB

    PLE 2024 Results: Top Schools with 6 in 4 Aggregates

    4377 shares
    Share 1751 Tweet 1094
  • How to Renew Your National ID Online: NIRA Pre-Registration Portal 2025 Guide

    4065 shares
    Share 1626 Tweet 1016
  • NIRA unveils high-tech National ID, mass enrollment set to begin

    2667 shares
    Share 1067 Tweet 667
  • FULL LIST: Ministry of Education, NCDC publish self-study workbooks amid COVID-19 lockdown

    3323 shares
    Share 1348 Tweet 823
  • How to Check PLE Results 2024 on Phone, Online

    1785 shares
    Share 714 Tweet 446
  • PLE 2024 Results: UNEB Clarifies on Release Date

    1651 shares
    Share 660 Tweet 413
  • MPs clear govt to cancel 2020 academic year

    2796 shares
    Share 1150 Tweet 686

Recent Articles

Traders decry lack of education on tax matters, call for greater sensitization

12/07/2025

Graduates Urged to Innovate as Over 1,000 Complete Training at Nakawa Vocational Training College

12/07/2025
The IGG Beti Kamya urged Ugandans to help expose suspicious wealth, such as high-rise apartments owned by public officials.

How the Office of the IGG is Turning the Tide in Uganda’s Fight Against Corruption

11/07/2025

betPawa Makes History with Africa’s Biggest Aviator Win — UGX 3,582,370,00 in One Round

11/07/2025
Herbert Achai

Transfers: Herbert Achayi Returns to KCCA FC

11/07/2025
The accused persons at Court on Friday.

Gomba District Commission Members, charged with extortion and Soliciting Bribes for Jobs

11/07/2025
Brian Mulondo (C) moderates the MTN MoMo Power to be More campaign Launch with MTN's Richard Yego (L) and Jemima Kariuki (R)

MTN MoMo Broadens Digital Offerings to Empower Individuals, Businesses

11/07/2025

Recent CommentsRecent Comments

  • The Journey of Ibrahim TraorĂ© on How President Ibrahim TraorĂ©’s ambitious vision is driving Burkina Faso’s economic growth push
  • Ugandan Scientists Finalists For European Inventors Prize — Press Uganda on Ugandan scientists finalists for European inventors prize
  • Government Pumps UGX1 Trillion Into UDB To Drive Industrialization, SME Growth — Press Uganda on Government pumps UGX1 Trillion into UDB to drive Industrialization, SME growth
  • PS Ggoobi Tips On Building USD 500b Economy — Press Uganda on PS Ggoobi tips on building USD 500b economy
  • Museveni Meets German Envoy Matthias Schauer After Subversion Claims — Press Uganda on Museveni meets German envoy Matthias Schauer after subversion claims

UG Standard - Latest News

UG Standard, published via www.ugstandard.com isa publication of Sahel Media Solutions Ltd, a professional Digital/New Media company in Uganda info@ugstandard.com

Follow us on social media:

Latest News

  • Traders decry lack of education on tax matters, call for greater sensitization
  • Graduates Urged to Innovate as Over 1,000 Complete Training at Nakawa Vocational Training College
  • How the Office of the IGG is Turning the Tide in Uganda’s Fight Against Corruption
  • betPawa Makes History with Africa’s Biggest Aviator Win — UGX 3,582,370,00 in One Round
  • Transfers: Herbert Achayi Returns to KCCA FC
  • Gomba District Commission Members, charged with extortion and Soliciting Bribes for Jobs

OpED

Equipping Youth with Skills for a Sustainable Future: A Mission We Must All Embrace

Fueling the Future: How Pesapal’s Forecourt Management Solution is Transforming Uganda’s Petroleum Sector

HELLEN MASIKA: From Darkness to Solar Light in Kijumba 

Why de-register a Motor Vehicle in Uganda: and Consequences of Non-Compliance

Challenges of taxing law firms in Uganda

© 2024 Ugstandard - Latest News by Digital/New Media company.

Welcome Back!

Sign In with Facebook
OR

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • News
    • DIPLOMACY
    • COURT
    • AFRICA
    • BOOK REVIEW
    • INTERVIEW:
    • National
    • Parliament
    • World
    • Regional
  • Business
    • AGRIBUSINESS
    • OIL & GAS
    • REAL ESTATE
    • TECH
    • INNOVATIONS
    • TELCOM
  • OpED
  • EDUCATION
  • INVESTIGATION
    • NATIONAL ARCHIVE
    • SPECIAL REPORT
    • ANALYSIS
  • FEATURES
    • SOCIETY
    • Community
    • Pictorial
    • PROFILES
    • Lifestyle
    • Health
    • ENVIRONMENT
  • Tours & Travel
    • Hotel & Hospitality
  • Sports
  • About Us

© 2024 Ugstandard - Latest News by Digital/New Media company.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
%d