The 1900 agreement has not been superseded by the 1995 constitution and the 1998 Land Act, in respect of mailo land in its entire original application. What they do is recognise mailo as the de jure land system in a kingdom in Uganda. The land matters, as per the 1998 Land Act, are no longer handled by Kingdoms, but by districts, except where it is leasehold.
Yes, Bunyoro Kitara is a kingdom, but it is not Buganda Kingdom, for which the mailo land system was created by the 1900 agreement. The 1964 referendum was a constitutional amendment, therefore recognition of mailo land as de jure land system in Kibaale by the constitution is unconstitutional. It is an anomaly that needs to be set right. The constitution should explicitly recognise mailo as the de jure land system in Buganda kingdom. Apparently there has been a lack of political will by both the Obote governments and now Yoweri Museveni’s government to address the issue.
For me I would not interfere with the agreement made between Britain and Buganda on the 8th October 1962, which basically recognises the Buganda Kingdom as prescribed by 1900 agreement as de jure, and which was eventually captured and carried forward by the 1962 constitution. Moreover the 8th October 1962 agreement transfers a substantial part of Her Majesty’s stake in the 1900 agreement to Buganda. This includes the 9,000 sq. miles of land which Uganda government has since commandeered from Buganda.
Secondly, I would harmonise the 1964 referendum constitutional amendment and give justice to Bunyoro Kitara as far as Kibaale (only) is concerned. That is why I proposed a compulsory purchase of mailo land in Kibaale by the government and giving the land back to the local authority of Bunyoro Kitara. I would indeed make the 1900 agreement untenable in Kibaale. About a year ago I saw in the BBC Teletext news that Museveni was given £40 million by the Gordon Brown government to purchase land which was given away by the British colonial government back to the original communities. Also about six months the Monitor newspaper published a list of “who owns the land in Kibaale”. And guess what? The majority of mailo land lords in Kibaale are NRM fellows, not the original Baganda absentee landlords.
I don’t know what was the outcome of the Bunyoro Kitara suit against the British government. The case was in the English High Courts in England. Perhaps Henry Mirima should clarify this.