1.

Introduction;
Uganda’s Agricultural Overview

The Agricultural sector is dominant in Uganda’s economy.

Whilst this sector grew at an annual average of only 3.7
percent over 1990-99 compared to the far more impressive
growth of industrial and service sectors, the importance of
Agriculture in Uganda’s economy outweighs all other
sector put together. Uganda’s key agricultural
products can be divided into cash crops, food
crops and horticultural produce. The most
important cash crops are coffee, tea, cotton,
tobacco and cocoa. The primary food crops
include cassava, maize, millet, sweet potatoes,
sorghum among others. Horticulture produce
includes fresh flowers, chilies, vanilla, asparagus, and
medicinal plant.
At the 25th Annual Source of the Nile National
Agricultural show in Jinja Municipality. President
Museveni observed that the continued presence of 69% of
the Uganda population engaged in subsistence farming has
posed a great challenge to the agricultural sector in
Uganda. He therefore argued that farmers should
concentrate much on agriculture for self sustainability and
money.
According to the World Bank publication in June 2018,
Uganda’s Agriculture contributes 25% of the nations GDP
and employs 70% of the population. The sector provides
great avenues for economic growth and economic
inclusion, particularly from women and youth.
Women make up 55% of the economically active
population, contribute more than 75% of the total
farm labour and over 90% to farm level primary
processing operations.
According to Trading Economics publication 2018, GDP
from Agriculture in Uganda increased to 3285.28 UGX
Billion in the second quarter of 2018 from 2465.62 UGX
Billion in the first quarter of 2018. GDP from Agriculture in
Uganda averaged 2870.56 UGX Billion from 2008 until 2018,
reaching an all time high of 4084.32 UGX Billion in the
third quarter of 2017 and a record low of 1994.51 UGX
Billion in the first quarter of 2018.

Agriculture and the law

The relationship between law and Agriculture can be seen

more clearly in the types of issues generally encompassed
within the study of Agricultural law.
In an article entitled Law and Agriculture, Professor
Harold W. Hannah (The true father of modern agricultural
law studies), wrote the following;

Law is a concomitant of Agriculture insofar as it’s

enforceable rules effect the activities of people who
generally can be described as “agriculturalists”. The
adequacy of it’s rules depends not only upon the
wisdom with which they are formulated and applied,
but upon the conception which agriculturalists have of
such rules prior to their application in particular
cases, and to the conception which the legal profession
has of the agricultural economies and technologies
involved.

Most lawyers and ordinary Ugandans may react to this

label by asking, “ What is agricultural law ?” Simply stated,
it is the study of the law’s effects upon the ability of the
agricultural sector of the economy to produce and market
food, fiber and livestock.

A large percentage of jobs and economic activities

in Uganda are associated with the production,
processing, distribution and consumption of food
and livestock produced by the agricultural sector.
No single segment of the economy makes as
widespread and as active the use of natural resources such
as land, water, and energy as does agriculture, nor is any
function more essential to the preservation of human life.
Laws in Uganda relating to Agriculture start with the
economic activity of Agriculture and then confronts the
unique legal issues associated with agriculture. Legal
problems within agriculture may cut across many subject
areas including issues of property law, contracts, torts,
administrative procedure, and taxation.

To help understand the nature and content of agriculture

and the law in Uganda, it is worthwhile to consider the
role that the law plays in shaping agriculture.

2. The Role of Law in shaping Agriculture.

One component in the development of Uganda’s

agriculture and a major factor in it’s success that is often
overlooked or ignored by the casual observer is the
role the existence of a smooth functioning legal
system plays in the operation and performance of our
agricultural sector. Without the legal and
institutional arrangements that provide farmers
access to the inputs they need to produce or market
their products Ugandan agriculture would be beset
with many of the organizational inadequacies and
inefficiencies that hinder food production and
non-market economy.

A brief review of the main contributions of the Ugandan

legal system to agriculture demonstrates the significance
of the relationship. The Ugandan legal system makes the
following advantages and concepts possible;

1. Access to credit and financing;

Agriculture could not operate without producers
borrowing money to acquire land, production inputs, or
animals. The legal system provides the mechanism for the
lending of money, securing the repayment of loans
through mortgages on land and security interests of
the borrower and society.
The Loans Act 1965, makes provisions for the
raising of loans to finance development schemes
and other projects and other purposes connected therein.
The Financial Institutions Act 2004, also revises and
consolidates the law relating to financial institutions, to
provide for regulations, control and discipline of financial
institutions by the central Bank; and to provide for other
relation matters.

2. Land transfers and acquisition;

Farmers must have access to land to be able to produce.
The Ugandan system of property ownership provides the
mechanism for the acquisition and transfer of land titles
and the recordation of those interests.
Article 242 of the Constitution of Uganda provides
that the government may under the laws made by
parliament and policies made from time to time
regulate the use of land.
Article 243(2)(a) of the Constitution provides that
the determination of disputes relating to the grant,
lease, repossession, transfer or acquisition of land
by individuals, the Uganda Land Commission or other
authority with responsibility relating to land shall handle
such disputes.
The Land Act 1998, provides for the different forms of
land tenure i.e freehold, mailo land, leasehold and
customary tenure.

3. Farm Tenancy;
Some farmers in Uganda grow crops and rear animals
on land owned by someone else. The development of land
lord tenancy laws and concepts which provide for the
temporary use of land by another, with assurances of being
paid rent, make the extensive use of leases
within Ugandan agriculture possible.
The Tenancy of land is provided under section 31
of the Land Act 1998. Under this section the
tenant by occupancy has pay to the registered
owner an annual nominal ground rent which can
also be determined by the land board.

4. Transfer of farm operations;

Because most farms are essentially a form of small
businesses, they have a natural life span reflecting the life
and interests of the owners.
The legal system provides a process to transfer farm
operations as continuing businesses, either through inter
generational transfers to the heirs by wills and trusts or
through the sale of the farm and it’s assets.

5. Buying and selling necessary inputs;

Ugandan agriculture has grown increasingly capital
intensive in the recent decades as purchased seeds, feeds,
fertilizers, chemicals, and equipment have become a more
important factor in production. Marketing these inputs to
the agricultural sector and assuring their effectiveness and
safety is facilitated by legal tools such as contract
negotiations and Warranties.
The Sale of goods and supply of services Act
2017, provides for the formation, effect,
obligations and performance of contracts for the
sale of goods and supply of services. Section 2 of
this act provides for the sale and agreement to sell
goods by which the seller transfers or agrees to
transfer the property in the goods to the buyer for
money consideration called the price.
The Contracts Act 2010, codifies the law relating
to contracts which may be for the buying and
selling of commodities. Such contracts may be in
writing, oral, express or implied by law or conduct of the
parties.

6. Facilitating the formation of businesses;

Many farms and farm businesses are organized as
partnerships or corporations. Even the subsistence farmers
also end up starting up small businesses (roadside
businesses).
But here the main concern on the partnerships and
corporations owned by farmers. The ability to utilize
various legal entities to form and operate agricultural
related businesses gives the sector access to financing,
limited liability, and business operation benefits provided
by flexibility in organizational structures.
The Trade Licensing Act 1969, provides for the laws
relating to trading and other matters connected there
within. Section 8(1) of this act prohibits the opening up or
operating any trading activity without an authorized
trading licence.
The Companies Act 1961, provides for the laws relating to
formation of companies and winding up of companies and
other associations and to make provisions for other related
and connected matters.

7. Protection of the health and safety of the nations

farms;
The Ugandan legal system has done a lot concerning
protecting the sector from adverse forces. One example
includes the extensive efforts designed to protect
plants and animals from diseases and pests. Another
example of protective legislation is the promulgation
of standards for the development and sale of
important agricultural inputs such as seeds, feeds,
fertilizers, and agricultural chemicals.
The Plant Control Act, prohibits the introduction and
spread of diseases destructive to plants.
The Plant Protection and Health Act, consolidates
the law relating to the protection of plants against
destructive diseases, pests and weeds to prevent the
introduction and spread of harmful organisms that may
affect Uganda’s agriculture and the natural environment.

8. Protection of the nation’s food supply;

Perhaps the most important function of the agricultural
sector is the production and supply of wholesome and
reasonably priced food.
The nation depends on this food to feed it’s people, to
market throughout the world, and to use in food assistance
programs both at home and abroad. Most of the
components of the Uganda legal system play a role in this
regard, but there are also laws designed specifically to
protect the quality and availability of Uganda’s food
supply.

This brief discussion illustrates the role that the Ugandan

legal system plays in the operation of the Ugandan
Agricultural sector.
3. IS THERE NEED FOR THE DEVELOPMENT OF
AGRICULTURAL LAW IN UGANDA ?

The events such as the rapid increase in farm land values,

the related demand for tax and estate planning for
farmers, and the surge in export sales of agricultural
commodities place increased demand on the legal
community to meet the needs of the farm sector. The
points below expound on the need for promotion and
development of Agricultural law in Uganda.

1. The decreased power of the agricultural sector as a

political force, which results into difference to other
legal and economic techniques, such as courts, for the
expression of the sector’s positions.

2. The increasingly important role of the agricultural

sector as the economic underpinning of the national
economy and the balance of payments situation. And
the developing need and importance of agricultural trade
policies as an instrument affecting trading relations in the
field of Agribusinesses.

3. The increased concentration of the production and

marketing of agricultural products into large operations
with the resulting pressures on the existing legal and
institutional arrangements.

WHAT CAN BE DONE INORDER TO BOOST THE

DEVELOPMENT OF AGRICULTURAL LAW IN UGANDA ?.

There is a need to form an organized frame work to focus

on these issues within the legal profession. Several events
have to occur in order to provide a critical mass necessary
to give agricultural law the impetus towards intellectual
maturity. These events, include the publication of
scholarly works on agricultural law, the formation of a
professional organizations in the field, and the creation of
the study of agricultural law studies within Uganda’s law
schools to represent a real growth of agricultural law
studies.

Publications
The development of a number of scholarly works to
give body to the topic and to provide an outlet for the
intellectual efforts of academics working in this area.
The publications may provide both practitioners and
academics visible proof of the existence of
agricultural law and a sense of the breadth of the
topic.
The growth of the body of scholarly writing can give
depth and refinement to the topic and provide
scholars and lawyers with the opportunity for
professional development of agricultural law.

Professional Organizations;
There is need to form Agricultural law
associations or organizations working towards
professional refinement of the subject. The organization(s)
has to make contributions towards the development of
agricultural law. Such organizations can also form national
bar associations involved in agricultural law in an effort to
meet the needs of rural and agricultural practitioners.
These organizations can also form a committee of rural
lawyers and Agribusinesses so as to conduct a number of
activities focusing on the use of the correspondent
relationship among lawyers to give general
practitioners improved access to specialists in order
to improve the quality of legal practice in rural areas.
Such activities can lead to the development of
agricultural law as a recognized field of practice.

Education at the Nation’s law schools;

The growth and development of a legal topic
cannot be complete until it is recognized by the legal
education community as an important part of the
education and training of law students. With the various
law schools in Uganda such as Makerere University School
of Law , Uganda Christian University law school, Kampala
International University Law School, IUIU school of law
among others, there is need to start offering basic survey
courses on agricultural law so as to start initiating a
graduate degree program leading to an LL.M in Agricultural
law.
This can help to produce lawyers trained as specialists in
agricultural law who can even take positions as professors
in schools of law, as private practitioners, and as in-house
counsel for agricultural related businesses and lenders.
This can also give the law schools an opportunity to publish
materials and scholarly research, forming professional
organizations, and offering academic classes to help give a
voice to the field of agricultural law. This can give the
professors and professionals working in the field the
opportunity for self expression as “Agricultural Lawyers”.

The above discussion gives value and usefulness of

agricultural law to become more fully appreciated, further
helping to legitimize it’s existence as an area of academic
and professional study worthy of attentions.

LAWS

THE CONSTITUTION OF UGANDA, 1995

This constitution provides for adoption of measures
required to protect the environment and natural
resources and creates an obligation for the state to
stimulate agricultural development by adopting
appropriate policies and the enactment of enabling
legislation.

PLANT CONTROL ACT.

This act prevents the introduction and spread of diseases
destructive to plants.
Section 7 of this act provides that were any person
knowingly introduces any pest or disease into any
cultivated land commits an offence and is liable on
conviction to a fine of two thousand shillings or
imprisonment for six months.
AGRICULTURAL CHEMICALS (CONTROL) ACT, 2006.
Section 2 of this act prohibits the packaging, labeling or
advertising any agricultural chemical in a manner that is
false, misleading or deceptive or is likely to create an
erroneous impression regarding its character, value,
quality, composition, merit or safety.
The act also prohibits any person in Uganda from selling
any agricultural chemicals unless he or she is registered
under the Agricultural Chemicals Board.

NATIONAL ENVIRONMENT ACT.

Section 3 of this act provides that every Ugandan has a
right to a healthy environment thus every person has a
duty to maintain and enhance the environment, including
the duty to inform the NEMA of all activities that may
affect the environment.
Section 30 prohibits any practices that may degrade the
soil.

PLANT PROTECTION AND HEALTH ACT

This act consolidates the law relating to protection of
plants against destructive diseases, pests and weeds to
prevent the introduction and spread of harmful organisms
that may affect Uganda’s agriculture and the natural
environment.
Section 26 provides for criminal liability to any person
who, by himself or herself, his or her servant or agent,
either directly or indirectly; 1.possesses, keeps, or
distributes or introduces any pest or plant material, soil,
or other material knowing it to be infested by a quarantine
pest, 2.Exports any plant or plant product from Uganda
contrary to this act, 3.Hinders, threatens or assaults any
authorized person or agricultural inspector.
Therefore any person who commits the above offenses is
liable of conviction to a fine or imprisonment not
exceeding one year or both.

AGRICULTURAL SEEDS AND PLANT ACT.

This act provides for the promotion, regulation and control
of plant breeding and variety release, conditioning,
marketing, importing and quality assurance of seeds and
other planting materials.
Section 7(1) of this act provides that all imported and
domestic varieties of seeds or breeding materials shall be
tested for a minimum of 3 successive generations before
their release.
Section 10(1) provides for the sale of properly labeled and
sealed seeds.
Section 10(2) provides for the application to the National
Seed Certification Service for a licence for any person who
intends to undertake the business of importing or
exporting seeds.
Any person who sells any seed under a description other
than it’s varietal name commits an offence and is
therefore punished with a fine not exceeding five hundred
shillings or imprisonment for a term not exceeding four
years.

PRODUCE PROTECTION ACT.

This act provides for the protection of produce.
Section 2 of this act provides for the imprisonment for a
period not exceeding two months or a fine not exceeding
four hundred shillings or both, to every person found
loitering of lurking about any plantation, unless he or she
can give satisfactory reason to the court.
Section 3 provides that whenever any produce is found in
the possession of any person who is unable to give a
satisfactory account of his or her possession of that
produce, that person commits an offence of theft under
the Penal code act.

THE LAND ACT 1998.

This act provides for the different forms of land tenure i.e,
freehold, mailoland, leasehold, and customary tenure.
In relation to the environment, the act obliges the
occupier of land to utilize it in all environmentally sound
ways and in accordance with the relevant laws e.g, The
National Environment Statute and the Wildlife statute.
The act therefore reinforces these laws that protect our
natural resources. However, it does not provide for
community participation in use and conservation of these
resources.

THE PROHIBITION OF BURNING GRASS DECREE, 1974.

The decree prohibits the burning of grasses, a common
practice in rural areas for the clearance of grasses for
cultivation. Controlled burning of grass is provided for by
the decree. This is aimed at protecting the green cover
which leads to a better environment.

ANIMAL DISEASES ACT, cap 38.

This act relates to the diseases of animals(livestock).
Section 2 of this act provides for the separating of
diseased animals and to be reported to the administrative
officer or veterinary officer of the fact of the animal being
affected by a disease.
Section 4 provides for farmers to be notified of the
outbreak of any disease affecting the stock in an area by
an administrative officer.
Section 5 provides for the slaughter of any animal
affected or suspected to be affected by a disease or which
has been in contact with a diseased animal, and this can
be done by the administrative officer or veterinary officer
under this act.
Section 15 provides that any person whose animal is
slaughtered under this act shall be paid compensation by
the government of an amount equal to the market value of
the animal as assessed by a veterinary officer.

Conclusion
The above issues and the many others which will face
agriculture in the years to come require the legal system,
academics, practitioners, courts, and lawmakers to
understand agriculture and recognize the role that the
law can play in shaping it’s future.
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kitakaaziz11@gmail.com Research Article 2018