WHEREAS by virtue of the provisions of the Constitution (Amendment) Statute 1993 and The Traditional Rulers (Restitution of Assets and Properties) Statute 1993 assets and property previously confiscated by the State were transferred to the Kabaka of Buganda; and other Buganda’s expropriated land which was due (expected) to be returned AND WHEREAS the Kabaka of Buganda has in his discretion decided to delegate his authority in all the above such land to a certain body NOW THEREFORE it is determined as follows:-

1. The Board

The Name of the body so delegated shall be the Buganda Land Board (hereinafter referred to as “The Board”)

2. The Land to which these Terms refer.

These terms shall refer to the following land, (which is hereinafter referred to as “the Land”)

• Land returned by virtue of the Constitution (Amendment) Statute 1993 and the Traditional Rulers (Restitution of Assets and Property Act) 1993;
• Land which the Kabaka may in his absolute discretion refer to the Board;
• All  Land which belongs to Buganda;
• Land which the Board may acquire.

3. Application of these Terms

These Terms of Reference shall bind and guide the following bodies and persons:

• The Board;
• Any committee or subcommittees of the Board;
• All persons employed by or working for or on behalf of the Board.

4. Objectives of the Board


The main objective of the Board shall be to advise the Kabaka, on behalf of the Buganda Kingdom, on all matters relating to the Land. 

• To protect, safeguard the Buganda Land and generally advise the Kabaka.
• To professionally manage all land and properties that fall under Buganda Land Board’s jurisdiction in a sustainable manner.
• To facilitate and promote the proper use and utilization of the land.
• To promote and advise on retention of land by Buganda subjects (i.e. abantu obuteemalaako ttaka).
• The Board shall endeavor to establish a fund or machinery of advising and assisting the people of Buganda who may wish to buy, sell, lease, develop, mortgage or otherwise deal with their privately owned lands with a view to getting them maximum benefit.
• The Board shall be responsible for ensuring that all land in Buganda is utilized in a manner which ensures maximum benefit for the present and future generations and protects the environment.  In this regard, the Board shall:

(i)    See to it that all developments on land referred to herein is according to plan.
(ii)    Encourage land developments on all land in Buganda whether privately or publicly owned.
(iii)    Emphasize physical planning in all urban centers and areas of great concentration of people,
(iv)    Influence policy decisions of District Land Boards or other bodies by whatever name called which deal with land in Buganda by seeking membership to such bodies or other legitimate means.
(v)    Developing a land policy for the Board

5. Functions of the Board:

• Subject to the terms contained herein, to lease, license, mortgage or otherwise deal with the Land for developmental purposes.
• To  operate profitably and generate revenue for the Kabaka, Nkuluze and the Kingdom of Buganda.
• Subject to the terms contained herein, to use the Land to raise money for the benefit of the Kabaka, Nkuluze and the Kingdom of Buganda.
• To enter into joint ventures with various investors for developmental purposes or making money for the Kabaka, Nkuluze and the Kingdom of Buganda.
• To cause surveys, plans, maps, drawings with regard to the land controlled by the Board.
• To advise the Kabaka, if so requested by the Kabaka, on the management of his personal land, estate or interest in land personally held by him.
• To forward to the Kabaka, the Katikkiro, the Minister responsible for Lands and to Buganda Cabinet at least every three months, a full report of the Board’s activities, in particular the leases granted and money realised there from during that period.
• To prepare and forward to the Kabaka, the Katikkiro and to the Buganda cabinet an annual financial report.
•   To streamline and harmonize Abaaami ba Kabaka with the overall functions of the Board.
• The Board shall have the power to delegate some of its responsibilities to the Buganda hierarchical structure as it deems fit.

6. Powers of the Board.

Powers of the Board shall include:

• To fix premiums, rents and any other dues payable in respect of the land.
• Take up the role and exercise the powers of the lessor in case of land directly under control of the Board;
• To acquire by purchase or otherwise rights or interests in land and easements;
• Subject to these Terms, to lease, license or otherwise deal with any Land

7. Restriction on the Powers of the Board:

• The Board shall not have any power to sell any land.
• The Board shall not have power to grant any land leases on Mengo Lubiri or on any Masiro land.
• The Board shall not have power to grant any lease on land exceeding fifty acres in rural areas or more than one acre in urban areas to any individual group of individuals or company.

PROVIDED THAT with the consent or approval of the Buganda cabinet, the Board may:
(i)    grant any lease of any land in excess of the quotas set in the immediately foregoing sub clause  (c) above;
(ii)    grant a lease on land designated “Forest land”;
(iii)    grant a lease exceeding 49 years;
(iv)    grant tenancies on Bulange, Butikkiro or Mengo Lubiri.

(d)All leases or other dealings in land shall be signed by persons who the Kabaka may, by validly executed Powers of Attorneys, appoint.
(e)No lease or dealings shall be valid unless so signed.

8. Membership of the Board

(a)The membership of the Board shall be in the discretion of the Kabaka but shall not be less than 10 (ten) Members, and not more than 15 (fifteen).
(b) A person shall not qualify for appointment as a Member of the Board unless that person:
(i)    is of or above the age of 30 (thirty) years;
(ii)   is of sound mind;
(iii)  is of high moral character and proven integrity;
(iv)  has not been declared bankrupt; and
(v)   has not been convicted of an offence involving moral turpitude.
        c)The Chairperson of the Board shall be appointed by the Kabaka.
  d)A member of the Board shall hold office for a period of 2 (two) years and subject     to the conditions of these Terms of Reference, at the expiration of the term of appointment shall be eligible for re-appointment.
  e) If a Member dies, resigns or is absent for a continuous period of 3 (three) months without consent of the Chairman or some other reasonable cause or is declared bankrupt or enters into any composition with his creditors, is convicted of a crime involving moral turpitude or is unable by reason of any mental or physical infirmity unable to perform the duties of a Member of the Board, misbehaves and misconducts himself, or any composition of the above, the Katikkiro may advise the Kabaka to appoint another person to be a Member of the Board in place of such Member

9. Procedure and Conduct of Matters of the Board:

• The day-to-day work of the Board shall be by a Secretary (hereinafter referred to as “The Secretary”) who shall be appointed by the Kabaka;
• The Secretary shall be an ex-officio Member of the Board with no right to vote;
• The Secretary shall be in charge of the day to day administration of the Board’s staff and Board affairs, but in execution of those duties, shall be accountable and answerable to the Chairman and the Board and shall take instructions from the Chairman and from the Board;
• The Secretary shall conduct the correspondence of the Board and shall have all custody of all documents belonging to the Board.  He shall keep full and correct minutes of all proceedings of the Board.
• The Board shall meet at least once every calendar month, at such dates and hours as the Chairman or the Secretary may determine for the following purposes

i)    To receive any reports, statements or any other matters from any of the Members or any third party.
ii)    To transact any other business relating to the affairs of the Board of which due notice has been given in accordance with these Terms of Reference.
iii)    To decide on any resolution which may be duly submitted to the meeting as hereinafter provided; and
iv)    To discuss any other matters;
v)    To carry out the functions and objectives set out or implied in these Terms.
(f)    Subject to these Terms of Reference, the Board shall regulate its own procedure.
(g)    Any member, desirous of moving any resolution at any meeting shall give notice thereof in writing to the Secretary not less than 7(seven) days before the date of the meeting.
(h)    At all meetings of the Board, the Chairperson or the Vice Chairperson and in  their absence, a member selected by the Board shall take the chair.  Every Member shall be entitled to one vote upon every motion, and in the case of any equity  of votes, the Chairperson shall have a second or casting vote.  The Board shall be empowered, if they think fit, to make regulations for enabling Members unable to be present to vote by proxy or in writing.
(i)    The quorum at all meetings shall be as follows:
i)    For motions proposing any recommendations for repeal, addition to or amendment of the Terms of Reference: 7 (seven);
ii)    For Motions proposing any recommendations for the expulsion of any Member of the Board: 51%; and
iii)    For all other business: 1/3 :33%.
(j)    A decision of the majority of the Members present and voting at any Meeting or Sub Committee shall be deemed to be the decision of that Meeting or Sub Committee, as the case may be.
(k)    Minutes of the proceedings of the Board shall be duly kept by the Secretary and signed by the Chairman and shall be open to the inspection of any Member of the Board on application to the Secretary.
(l)    On the receipt of a request signed by at least 2 (two) Members of the Board requesting the nature of the business for which it is summoned, the Secretary of the Board shall forthwith issue notices summoning such meeting on a day and hour to be fixed by the Chairperson.  PROVIDED that such meeting shall not be summoned in under 48 (forty eight) hours notice.

10. Committees of the Board

• The Board may from time to time appoint from their members such Committees as they may deem necessary or expedient and may refer or depute to them such  powers and duties of the Board as they may determine.  Such Committees shall periodically report their proceedings to the Board, and shall conduct their business in accordance with the Directions of the Board.
• Notwithstanding the immediately foregoing sub clause, the Board shall have the following standing committees:

(i)Lease Committee.

(i)    Planning and Development Committee
(ii)   Finance and Administration Committee.
(iii)  Property Management Committee.
(iv)  Any other committee as the Board may deem necessary
(c)   Subject to the Board’s discretion, the membership of the Committees shall be four.  The quorum of each Committee including its Chairman, shall be three.

11.. Supervision of the Board’s Activities

In the carrying out of its functions, the Board shall, subject to these terms, act under the supervision of the relevant Buganda Minister for Lands under the general supervision of the Katikkiro and under the overall supervision of the Buganda Cabinet.

12. These Terms of Reference:

• The Board is not empowered to make, repeal and amend these Terms of Reference.  This power is solely vested in the Kabaka and his decision in any matter relating to this shall be final.
• Every Member shall be bound by and submit to these Terms of Reference.

13. Board’s Staff

The Board shall employ qualified and competent full or part time persons to enable it perform its functions effectively and efficiently on such terms and  conditions as it deems fit.

14. Remuneration for Members of the Board and Others

The Board shall from time to time give appropriate sitting and transport allowances to members of the Board as and when the need arises.  No member shall, except for professional services rendered at the request of the Board, on any pretence or in any manner receive any profit, salary from the funds or transactions of the Board.
PROVIDED that the Secretary, staff and other non members who render services for the Board, may be paid for the services so rendered.

15. Retirement of Members

Any Member may retire from membership of the Board at any time by giving notice to the Kabaka thereof in writing

16. Removal of Members

The Kabaka, may at any time for any reason or none at all remove or cause the removal of any Member of the Board