The High Court of Uganda recently ruled that the small patch of land located 7 meters away from the shore of Lake Victoria in Entebbe called Freedom Beach is not owned by any individual, but rather held in trust for the people of Uganda by the Government. [See Okwenje v Monday (Miscellaneous Application 3608 of 2023) [2024] UGHCLD 61 (7 March 2024)]
Freedom Beach was subject to contention arising from a dispute between two neighbors; one who had obtained a lakeshore user permit from NEMA to develop beach facilities and the other who had purchased a Kibanja on the lakeshore.
Under the law, the Central and Local Governments of Uganda and NEMA (National Environment Management Authority) are responsible for protecting lakes and rivers and the land adjacent to them, in order to protect the environment and promote good water management systems to allow people to access clean and safe water. (See; the 1995 Constitution of Uganda, NEMA Act 2019 and Regulations, Land Act, and the East African Treaty).
Land situated within 100 meters away from lakes and rivers are protected zones, with Government holding such land and conserving it for the common good of all Ugandan citizens. Activities like construction, farming, and introducing plants, animals, or microorganisms are prohibited unless a person gets written permission from the local Government and NEMA.
Municipalities are strictly forbidden from leasing or selling such land; they are only authorized to issue licenses and permits to interested parties.
Before embarking on any development ventures along lake shores or rivers, whether it is building hotels or engaging in farming activities, it is crucial for individuals or companies to submit written applications to both the local government and the Executive Director of NEMA. This ensures compliance with Uganda’s Environmental and Land laws and fosters a smoother process for all involved parties.
Author: Isabella Pedun
isabellapedun@nabasalaw.com