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LAND REFORMS AND PERFORMANCE OF ZONAL LAND OFFICES IN UGANDA: A CASE OF MBARARA ZONAL OFFICE

CHAPTER ONE

INTRODUCTION

1.0 Introduction

Governments all over the world strive to improve the quality of lives for their citizens through provision of the essential social services. Land management is one such key social services expected to be delivered by governments. It is also not in dispute that land is not only a critical factor of production but  perhaps the most important resource with which humans derive their livelihoods (Nuwamanya, 2014). This is respect to the fact that individuals use land for farming activities and other economic activities. It is on land that food is grown, houses are constructed, roads built, rivers and streams flow.

Government of Uganda (GoU) over the years implemented land reforms geared towards improving performance of land delivery (Nuwamanya, 2014). Key among these reforms was creation of zonal offices by the Ministry of Lands, Housing, and Urban Development (MLHUD) intended to bring services nearer to the people. What is still debatable is the extent to which the zonal offices have reciprocated into effective land service delivery at zonal levels. The study therefore sought to examine the relationship between land reforms and performance of land office in Mbarara Ministerial Zonal Office (MZO) – Ministry of Lands, Housing and Urban Development. In this study, land reforms was conceived as the independent variable while performance of zonal office was the dependent variable. This chapter presents the background to the study, statement of the problem, purpose of the study, objectives, research questions, hypotheses, conceptual framework, significance, justification, scope of the study, and operational definitions of terms.

1.1 Background to the study

This section presents the background to the study under four major perspectives including the historical, theoretical, conceptual, and contextual.

1.2.1 Historical Background

The interest and concerns in performance of institutions charged with land management can be traced back to the times of the ancient Greeks and Romans of between the 2^nd 6th centuries BC (Green, 2015). During the arrangement then, only the tribe or clan held land, with individual holdings periodically reallocated according to family size and soil fertility (Mwangi, 2009).  In effect, this arrangement limited the performance of land offices to only paying attention to clan and tribal heads. Over the years however and especially with population increase, expansion of trade, growth of money economy, and the opening up of business opportunities, financial transactions in land has become a necessity. This has rendered a need to improve and modernize land offices a priority (Tukahirwa, 2012).

In the context of many African societies, until colonization,  land was owned and utilized on  communal basis mainly grazing purposes as well as for small scale subsistence farming. By this commentary, it was not common for individuals to own land. Land tenure and management was perpetually customary (Tukahirwa, 2012). Today’s land problems have been shaped by history and the concept of freehold, a system that was appropriate for Great Britain in the 19^th century but not consistent with the traditions of Africa and its people by then. As a result, land reforms in Africa in the twentieth and twenty first centuries have been targeted to rectify the historical errors (Rugadya, 2014).

Uganda has a long and rich history on the performance of land offices based on the different forms of landownership (Tukahirwa, 2012). Before 1888 Uganda was divided into small kingdoms composed of ethnic groups and headships that determined performance of land offices. Each ethnic group had its own system of managing land therefore performance seemed to differ, although there were some observable similarities (Rugadya, 2014).In the traditional society, kings and chiefs allocated land to members of the community and in that respect greatly determined how land offices operated and performed. At that time, land was majorly viewed for subsistence and therefore, the most important point was that any individual would access enough land for his own subsistence. Whenever any partion of land was not used, it woud be reverted back to the king or chief. Accordingly, most of the time land passed from father to son, since lineage is patrilineal in Uganda (Green, 2015).

In the post-colonial period after 1962, Uganda put up different land tenure systems thereby marking a change in the performance of land offices. However, the most radical and infamous changes were the 1975 Land Reform Decree by President Idi Amin that declared all land in Uganda as public land. By that decree, land hitherto held under Freehold and Mailo land tenure was converted into Leasehold of 99 years (Baland et al., 2017 and Tukahirwa, 2012). Since then, the country has witnessed various attempts to streamline the land tenure and management system in Uganda in the recent past. Among them are the 1995 Constitution of the Republic of Uganda, and the 1998 Land Act and its amendment in 2010. The country’s Constitution (1995) for example states that land in Uganda belongs to the citizens of Uganda. Indeed, land is vested in the citizens in four land tenure systems: Customary, Freehold, Mailo and Leasehold. It establishes the Uganda Land Commission whose function is to hold and manage any land in Uganda vested in or acquired by the Government of Uganda in accordance with the Constitution and any other functions as may be prescribed by Parliament.

Realizing that the Reform Decree of 1975 was not fully implemented due to factors like budgetary inadequacies, resistance by land owners, and lack of personnel, the government enacted the Land Act (1998) to regulate the land management system in Uganda. It among other things, provided for a certificate of occupancy to be issued to the occupant on application to the registered owner. Such and more land reforms have changed the performance of land offices in Uganda. Whereas the certificate meant to enable land occupants to prove ownership rights through bona fide,  GoU also formulated a National Land Policy. The policy provides a framework for articulating the role of land in National Development, land ownership, distribution, utilization, alienability, management and control of land. In 2010, a new amendment to the Act provided that tenants who had lived unchallenged on registered land for 12 years or more by 1995, or who were settled on the land owned by the government, could not be evicted from such land for any reason other than non-payment of a nominal ground rent. True to Nuwamanya’s (2014) observation with the land policy in place, GoU looked forward to decentralizing land offices through creation of Ministerial Zonal Offices to ensure proper performance of land offices and ultimately ensure customer satisfaction and improvement in internal process.

1.2.2 Theoretical Background

The study was guided by the Balanced Score Card (BSC) Model by Kaplan and Norton (1992).  BSC model was developed in the early 20^th century as an attempt to help corporations measure business performance not only using financial perspectives but also non-financial considerations. The overcharging intention for the BSC model is to translate an organization’s mission and vision into actual (operational) actions (strategic planning). The model is to the effect that organizational sustainability happens when management deliberately strikes a balance in providing a scientific analysis of the performance in response to customers’ needs, exploring financial strategies and procedures, properly harnessing internal processes to meet vision and strategy of firm, and enhancement of organizational capacity through innovation, proper resource management, and good relations with stakeholders. Accordingly, the model helps to provide information on the chosen strategy, manage feedback and learning processes and determine the target figures. The (operational) actions are set up with measurable indicators that provide support for understanding and adjusting the chosen strategy. The starting points of the balanced scorecard are the vision and the strategy viewed from four perspectives: the financial perspective; the customer perspective; the internal business processes; and learning and growth (Albright et al., 2015).

The financial perspective is important for all shareholders and other financial backers of an organization. It answers the question of how attractive must we appear to our shareholders and financial backers. This is mainly a quantitative benchmark based on figures from the past. In addition, it provides a reliable insight into the operational management and the sustainability of the chosen strategy. The theory fits into the study since, the researcher sought to establish whether MZO puts into consideration the element of stakeholder participation and the value they add. According to the theory each organization serves a specific need in the market. This is done with a target group in mind, namely its customers. Customers determine for, example, the quality, price, service and the acceptable margins on these products and/or services. From the perspective of internal processes, the question should be asked what internal processes have actual benefit within the organizations and what activities need to be carried out within these processes. An organization’s learning ability and innovation indicate whether an organization is capable of continuous improvement and/or growth in a dynamic environment.

The BSC model was deemed applicable to the study in different ways. Firstly, the model highlights numerous factors that contribute to performance of a business that this study explored in land businesses transactions. The study examined whether land offices depend on more than just financial statements to determine and influence their success as advanced in BSC model. The study sought to find out whether land offices that fall under MZO define the decentralized strategy from the Ministry Lands Housing and Urban Development in a more reliable manner as proposed by the BSC model while executing their land related transactions.

1.2.3 Conceptual Background

The key concepts in this study were land reforms and performance of Mbarara Zonal Office.

Generally speaking reforms in public sector describes a sustained, purposeful and deliberate change on the structure and processes of an organization to improve the efficiency, equity, and effectiveness of its operations and performance. According to FAO (2015), land reform refers to changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform is the generic term for modifications in the legal and institutional framework governing land policy. The reality is that land policy and the legislative and institutional framework implementing that policy are constantly changing in all societies as political, economic and social circumstances change (FAO, 2015). Relatedly, land reform is a change in the system of land ownership, especially when it involves giving land to the people who actually farm it and taking it away from people who own large areas for profit (Borras, 2016). The most common types of land reform are probably those dealing with reallocations of land and those redistributing legal rights of ownership. Land reform is invariably a part of agrarian reform. There is a common perception that land reform is the prerogative of developing and transforming economies. In this study land reform were observed by government-initiated changing of laws, regulations or customs regarding land ownership. In this study, land reform referred to change in laws, regulations or customs regarding land ownership and use. The main dimensions of land reforms as independent variable in this study were computerization of land registry, restructuring, and community empowerment

Computerization of land registry concerns a systematic procedure for the formalization of customary land rights to conduct a step by step documentation of households land rights through land administration, registration, surveying, physical planning and land valuation (MLHUD, 2017). Restructuring is the corporate management term for the act of reorganizing the legal, ownership, operational, or other structures of a Ministry Lands Housing and Urban Development for the purpose of making it better organized for its present needs. Restructuring can be a tumultuous, painful process as the internal and external structure of the organization is adjusted (Businge, 2007). Community empowerment related to formalization and registration of land and property rights to stimulate and sustain economic activity of individuals and businesses through providing tenure security to the land rights holder and thereby encouraging him or her – with or without accessing formal credit – to make long-term investments in land improvements (Deininger & Raffaella, 2016).

Performance of an organization or the zonal land Offices implied in this study was considered in relation to customer/client satisfaction, adherence to internal processes, and business profitability (Kaplan & Norton, 1992).  According to Arokiasamy and Ismail (2009), performance refers to the accomplishments of a given task measured against pre-set known standards of accuracy, completeness, cost, and speed. The interpretation for the two definitions above is that an organization’s performance relates with the fulfilment of an obligation in a manner that releases the performer from all liabilities under the contract. However, this study adopted the definition by Adams and Howell (2011) presented above. The main dimensions under this dependent variable were customer satisfaction, internal processes, and profitability.

1.2.4 Contextual Background

Mbarara Ministerial Zonal Office like other zonal offices is mandated to serve eleven districts that include: Mbarara, Isingiro, Kiruhura, Ibanda, Rwampara, Bushenyi, Sheema, Mitooma, Rubirizi, Buhweju and Ntungamo (MLHUD, 2017). Mbarara Zonal Office (MZO) is responsible for providing support to the district land by implementing land related policies at zonal levels. It is also mandated to ensure proper administration and enforcing regulations of national standards coordination, supervision and providing customer care on all matters concerning Lands Housing and Urban Development. All these are aimed at ensuring proper service delivery (Nuwamanya, 2014). MZO has been implementing computerization of land registry manifested through land information search, computerized land titles and computerized Land files. Restructuring has also been implemented to ensure proper supervision, coordination, and meeting customer demands. MZO has also worked on community empowerment to improve service provision. This has been done through community awareness on land title acquisition, community knowledge on land laws and procedures, and strengthened online land title processing

1.3 Problem Statement

Land reforms like other administrative reforms elsewhere globally strive to develop more innovative solutions to protect essential public service delivery in the face of deep administrative challenges and global uncertainties. Land reforms in Uganda have always been deliberate changes to the administration, structures and processes of land administration  aimed at empowering community as well as improve coordination and supervision in regional land offices. Reforms relating to computerization of land registry, easing access to land information, computerized land titles and records are all aimed at improving customer satisfaction and internal processes, thereby stepping up the overall performance of land offices at zonal levels in Uganda (MLHUD, 2016).

Despite all these efforts in land reform above, the performance of zonal offices is still debatable. For example, citizens continue to face delays in accessing land titles in all target districts. There are continued complaints on land title processing from the public, limited knowledge on land matters, highly centralized red tape service delivery (Robinson 2017). Poor performance of lands office has related impacts including land landowners not enjoy the rights of ownership, transfer, inheritance, mortgage, lease and use in freehold land. Of concern, bureaucracies still dominate land registration processes despite the introduction of Land Information System (LIS). This has led to continued land grabbing due to lack of titles and continued community conflicts overland. Therefore, this research sought to establish the relationship between land reforms and performance of Mbarara zonal land office, Uganda

1.4 Objectives of the study

1.4.1 General objective

The general objective of the study was to establish the relationship between land reforms and performance of zonal land offices in Uganda taking a case of Mbarara zonal office

1.4.2 Specific objectives

1. To examine the relationship between computerization and performance of Mbarara zonal  land office

2. To establish the relationship between restructuring and performance of Mbarara zonal land office

1. To examine the relationship between community empowerment and performance of Mbarara zonal  land office

1.5 Research questions

1. What is the relationship between computerization and performance of Mbarara zonal  land office
2. What is the relationship between restructuring and performance of Mbarara zonal  land office
3. What is the relationship between community empowerment and performance of Mbarara zonal  land office

1.6 Hypotheses of the study

1. There is a significant positive relationship between computerization and performance of zonal land offices in Uganda
2. There is a significant positive relationship between restructuring and performance of zonal land offices in Uganda

1. There is a significant positive relationship between community empowerment and performance of zonal land offices in Uganda

1.7 Conceptual Framework

This study was guided by a conceptual framework that operationalizes the study variables and the objectives into measurable components. Figure 1.1 below shows the conceptual framework illustrating relationships between Land Reforms and performance of Mbarara Zonal Office in

Figure 1.1: A Conceptual Framework for indicating relationships between land reforms and service delivery in Ministry of Lands, Housing and Urban development.

Source: Adapted and Modified from Kaplan, and Norton (1992). 

The conceptual framework shows the relationship between land reforms and performance of Mbarara zonal land office. According to the conceptual framework above, land reforms as the independent variable was measured by computerization of land registry (Land information search, Land tiles, land files), restructuring (Supervision, coordination, customer care) and community empowerment (Community awareness on land title acquisition, community knowledge on land laws and procedures, strengthened online land title processing). Performance of land offices, the dependent variable, was measured in terms client/customer satisfaction, improvement in internal processes, and profitability. The conceptual framework hypothesized that land reform in Uganda ultimately leads to improved performance of zonal land offices.

1.8 Justification of the study

Individual tenure system impacted on other related fields. In this work, he perceives individual ownership of land as giving impetus to rural economic changes where villages acquire additional functions and some villages approach status of a small town (Prothero, 2018). His work is vital to this study as it points issues concerning individual land tenure. In his work Essays on Land Law, Wanjala (2010) asserts that, land tenure in East African countries before the advent of colonialism was fundamentally different from that in feudal England, from which alien law was imported.

Land is a major factor in agricultural production. This makes many Ugandan societies strive to access and own this important resource. Thus, attachment to land among Ugandan societies means identification with social and economic organization that is shaped by land ownership and access. Hence, any change in the system of land ownership is bound to have significant effect on the community and therefore performance. This study assumes that the relationship between the system of land ownership and crop production influences the overall production and requires a systematic examination. The analysis specifically focuses on the general crop production. The study therefore takes the documentation gap as a way of evaluating the implementation of land reforms that were introduced in the Ministry of Lands, Housing and Urban development and how this has influenced service delivery.

1.9 Significance of the study

The findings of this study are expected to benefits several stakeholder in land management. In particular, this section presents the anticipated significance in turn to area of study, policy makers/advocates and to the academia.

To Mbarara regional land office and other such offices in Uganda, the study findings present empirical information and therefore knowledge relating to land reforms and performances of such offices. At a point when the land offices are facing criticisms and skeptism from the public about the nature and quality of their performance, the study is timely and well positioned to inform adjustments directed towards customer satisfaction

Relatedly, the study findings are expected to provide collaborated and updated information to policy makers and others whose actions may inform further policy reviews relating to land service delivery within land offices. To this extent, the beneficiaries may not be limited to zonal land offices but will include among other district local governments, ministries, departments and agencies that have a stake in land administration.

Lastly but not the least, the findings of this study may not only enrich the available body of knowledge relating to public reforms and organizational performance but may also spark other scholars into further empirical analysis of the area. By implication, therefore, this study may provide a solid and challenging background for positioning land administration centrally in the socio-economic development of Uganda

1.10 Scope of the study

The scope of the study in this section was covered under content, geographical, and time scope.

1.10.2 Content scope

The content scope of the study was limited to land reforms and performance of Mbarara zonal land office in Uganda.  Whereas land reforms were observed under computerization of land registry, restructuring and community  empowerment, performance of MZO was seen through the lens of customer satisfaction, internal processes and innovativeness.

1.10.1Geographical scope

The study was conducted in Mbarara zonal land office in western Uganda. This was preferred due to the fact that the zonal office is representative of land reforms and performance of all other zonal offices in the country and plays important and significant functions in land service delivery in Uganda (Ministry of Lands, Housing and Urban development Annual Report, 2017).

1.10.3 Time scope   

The time frame for the study was five years from 2015 to 2020. The period was deemed big enough to appropriately examine the study interest.

CHAPTER TWO

LITERATURE REVIEW

2.1 Introduction

The study examined the relationship between land reforms and performance of zonal land offices in Uganda taking a case of Mbarara zonal office. This chapter presents the theoretical and actual review of literature related to land reforms and performance of land offices. The chapter is thus structured under the theoretical review, related review done thematically according to the study objective.  The chapter also presents a summary of the literature reviewed in which the knowledge gap is illustrated

2.2 Theoretical review

The Balanced Scorecard model of Kaplan and Norto (1992) underpinned the study. The model states that organizational performance and sustainability should be measured using both financial and non-financial perspectives (Kaplan & Norton, 1992). The theorists proposed four measures: financial performance, customer satisfaction, internal process performance. The model postulates that  other than the financial perspective, the performance and sustainability of an organization should consider other indicators including the Internal Process, customer satisfaction and learning and growth. Going by these postulations, the four perspectives should work complementarily for organizations to perform. The Balance Score Card brings about superior performance among organisations in terms of increased customer loyalty and profitability (Kaplan & Norton, 1992).

The high adoption of the BSC model notwithstanding, scholars and practionals have identified various limitations for its application.  The persistence of problems encountered during implementation, high rates of implementation failure and considerable variations in both interpretation and practice of the BSC demonstrates serious limitations in concept and in practice (Pessanha and Prochnik, 2016). It is expected at the second decade since conception, the concept of the BSC would have matured and its application easily replicated across organizations, which is not the case (Parmenter, 2012). Moreover, despite three conceptual revisions and three generations of the BSC, the concept still attracts considerable number of studies criticizing its concept and application. This criticism therefore explores the limitations of the BSC in concept and in practice based on findings from existing studies on the BSC.

At the conceptual level, Kraaijenbrink (2012) criticizes Kaplan and Norton for the dishonesty of owning a concept that the management of Analog Devices, an engineering and manufacturing firm, had developed earlier. In the criticism, Kraaijenbrink (2012) posits the BSC is well suited for engineering firms and less for other industry types especially service industries. For instance, the internal process may not be relevant for a consulting firm yet the BSC asserts all the four performance metrics are important. Kraaijenbrink (2012) also disagrees with practitioner oriented literature suggestions that the BSC improves strategy awareness, communication, execution and achievement. While not doubting the positive results, Kraaijenbrink (2012) links them to other factors such as increased attention to strategy that the BSC influences rather than to the BSC itself.

Neely et al. (2014) share similar observations with Kraaijenbrink (2012). In a comparative study on the performance of an electrical firm that has implemented the BSC with a similar electrical firm in the same location, Neely et al. (2014) find the BSC had positive impact on sales, gross profit and net profit, and its removal had negative impact sales, gross profit and net profit. However, further analysis indicates the related electrical firm that had not implemented the BSC had achieved similar financial returns. The study suspected that factors other than the BSC might have interacted to influence the positive financial returns.

For the case of the negative impact of removal of the BSC on sales, gross profit and net profit, Neely et al. (2004) finds that implementation of the BSC was time intensive for employees and consumed the time they would have otherwise used to execute their assigned responsibilities.

Pessanha and Prochnik (2016) criticize the objectives and the definition of measures of the BSC. The criticism point out that Kaplan and Norton suggestions for the selection of strategic objectives and performance measures leave out several interests of important stakeholders. In fact, the conception of the BSC only caters for the interests of the shareholders while ignoring the interests of other key stakeholders such as suppliers, the government, and the environment. Despite Kaplan and Norton noting the importance of including new perspectives to cater for interests of all stakeholders, they fail to discuss implementation of additional perspectives and the cause and effect linkages between the additional perspectives and performance measures. In addition to stakeholders, Pessanha and Prochnik (2016) criticize the lack of explicit involvement and engagement with the employee in its definition of objectives and measures. While the internal process, and learning and growth performance metrics involves employees, it does not include employee support and at times, the BSC is unfamiliar to the employees.

Parmenter (2012) criticizes how the BSC develops and defines performance measures. The criticism faults Casey, Peck (2004) observation that BSC transforms strategy into tangible performance measures by arguing that, the BSC does not define KPIs adequately, and hence hampers identification. The criticism compares BSC Key Performance Indicators (KPIs) to the Winning (Key Performance Indicators) KPIs methodology and find faults in the approach the BSC conceptualizes performance measures. The Winning KPIs indicate the primary role of performance measures is to assist managers to focus on the critical success factors but the BSC perceive the primary role of performance measures is to monitor and to evaluate the performance of strategies. Moreover, the BSC does not indicate critical success factors nor defines them. Since critical success factors are key to finding KPIs, the BSC does not assist managers to identify KPIs. The Winning KPIs suggests KPIs should be nonfinancial but support financial indicators, and should be less than ten, but the BSC conceptualizes all KPIs including financial ones as performance indicators, which could be more than ten creating challenges in implementation.

Voelpel et al. (2005) observe rigidity in the conception of the BSC as a performance measurement tool. While Kaplan and Norton (1992), and Casey and Peck (2004) contend performance measurement is a significant benefit of the BSC, Voelpel et al. (2005) agree and disagree. The BSC enables an organization to transform strategy into tangible performance measures but by limiting performance measures to four categories, it introduces rigidity. Rigidity is evident when the four performance measurement categories form the basis of defining key success factors. The BSC thus forces managers to put success indicators into one of the four categories. The result is the BSC limits the view of an organization by leaving no room for cross-perspectives that have combined effect on strategy execution. Further, there is the danger of an organization neglecting success indicators that do not fall into any of the four categories. The four categories also risk creating confirmation bias, a situation where mangers only take interest in what they want to measures but ignore changes in the external business environment as evident in the case of Encyclopedia Britannica, which almost went out of business because of sticking to its once successful success factors.

In spite of the expansive body of  criticisms and application limitations levied on the  BSC model above, this study still found more fitting and adequate to understand performance of zonal land offices in Uganda.

2.3 Related review of Land reforms and performance of land zonal offices

2.3.1 Computerization of land registry and performance of land zonal offices

According to Robinson (2017), the computerization of the land registry is a vital input to having a complete and efficient Land Information System (LIS), which is expected to deliver fast and timely information to the people and as a result, expedite land transactions and enhance access. Since November 2006, an Interim Records Rehabilitation Process (IRRP) has been used to secure existing records and to capture, store land information in a simple database (Steffensen, 2010). IRRP activities include the reconstruction of missing records, indexing and reorganization of the storage and retrieval systems.

A survey of district local government on data availability on land information search shows that only a few applications in the specific urban area studied reported data of sufficient detail and control for use in land information (Ellis et al., 2013). Recently, Elwood (2018) illustrated difficulties in access to land information by community development organizations in Humboldt Park, a neighborhood in northwest Chicago (USA). On cost, Rushton et al. (2014) remarked that many current applications of Land information search are extremely wasteful of resources in that their ad hoc nature requires costs to support single project plans. However, i find extensive evidence of positive contribution from sharing of land information (LI) and. Empirical studies in France shows that inter-municipal approach to land information search was yielding efficiency gains of access to data and updated information in the land registry and the project had allowed participants to pool information and minimize costs (Roche and Humeau, 2015).

Zhong-Ren and Ming Hsiang (2013) noted that computerization of land registry provides an efficient means to publish and distribute data on land search. Campagna and Deplano (2014) cited the diffusion of map-based GIS such as MapQuest as an example of Web-based application and related it to land information. They found from a survey of public administration of land in Italy that users who had access to data in common formats had embedded applications and could easily search on land information. The user can browse, retrieve, and analyze data on the client side; the server supplies data or portable applications on demand regarding land transactions (Campagna and Deplano, 2014).

To assess the advantages and disadvantages of the different modes of providing Computerized Land Services (CLS) to local governments, Leitner et al. (2017) adopted measures such as responsiveness to land information search and human capital costs of implementation and maintenance. They found in their survey that decentralized nature of reforms ensures public access to land office services and lowers cost by reducing the need for duplication and brining services nearer to the people. Nevertheless, Leitner et al. (2017) observed that specific needs of community members were not considerably met with the different modes of providing Computerized Land Services.

Clapp and colleagues (2017) emphasized that any public land reform program should be evaluated in terms of potential benefits to citizens’ access to land titles. They considered contribution to societal well-being with respect to the real impacts of computerization of land tiles and timely access. It is worthy of note at this moment that there is overt lack of empirical discussions and findings on societal impacts in the articles reviewed in regard to land titles.

Ghose (2015) observed that effective access to information on land titles created through computerization creates more opportunities for both government and community empowerments and client satisfaction. The societal goal of computerized land titles is noticeably to promote empowerment of citizens traditionally excluded from the decision-making process and speedy service delivery (Ghose, 2016). The effect, which the use of computerized land titles may have on citizens in local governments, is not obvious in its entirety; nevertheless, we consider the account rendered by Ghose as a positive contribution to well-being, through citizen-public sector interactions reported as stronger citizen participation in local governance. On the monetary aspects, Lee et al. (2016) observed that the initial costs for land titles are usually high, but the long-term benefits such as provision and access to information, and efficiency of land information provided normally compensate the initial costs.

In Papua New Guinea (PNG), a Resource Information System (PNGRIS) aimed at among others proper land filing was established to meet the informational, resource, and personnel limits of land management and performance in the country (Montagu, 2010). But, “PNGRIS remains external to the land computerization process rather than achieving its intended role as an integral component of the process (Montagu, 2010). The intended products and services were not realized, the system was inaccessible to units responsible for land planning and management, contributing negatively to performance of the decentralized units. De Vos (2017) carried out a longitudinal case study of land information filing in the Costa Rican Republic from 1995 to 2002. The land files directed towards improving land reforms in Costa Rica with improved technology was considerably deficient, due to poor data exchange arrangements. The reported outcomes include difficulties in managing local governments, open disputes and court cases, culminating into total disruption of relationships with intended clients.

Karikari et al. (2015) analyzed the computerization of land registry in the lands sector of Ghana, and found that nearly all cadastral and land registration systems focused on record management, rather than information exploitation. The Lands Commission Secretariat (LCS), the leading agency in Accra only used informed Methods displays and had not used computerized methods for any analytical purposes. This signifies at best a mixed outcome. Researchers have suggested service quality as a measure of proper performance for land offices (Kettinger and Lee, 2015; Watson et al., 2016), a comparison between what users believe should be offered and what is provided is a criterion for such measurement (Pitt et al., 2018). When the gap between users’ expectations and perceptions is high as reflected in the inadequacies and inconsistencies of existing data provision in Ghana, my judgment is that of a negative contribution.

The computerization of the land registry has involved changing the business processing of land transactions from a manual orientation to a computer-based environment (Ministry of Lands, Housing and Urban development Annual Report, 2017). This change also affects other departments that provide information required to process land applications and include the Department of Surveys and Mapping, which provides the deed plan information and the Department of Land administration, which checks and approves all applications before the land registry can proceed, especially with fresh applications.

The need for thoughtful and careful stewardship of land, alongside the more intensive use and management of its resources, has emerged as a matter of major global concern (Saxena, 2015). This has led to a re-evaluation of both the need for information about land and the strategies and programmes that may provide for it (IRMT, 2008). Consequently, digitisation of land registries resulting from the application of information and communication technologies (ICTs) has emerged as a new pattern to ensure that accurate land information is available on land sizes, location and proprietary characteristics, substantive and anticipated values, and land use quality  (UNECE, 2006).

According to Sebina (2014), using ICTs in land administration would only be achieved if two things were in place. These are the strategic e-readiness infrastructure, especially the required hardware and software on which digitized systems depend; and the tactical best practices that are needed to close up design-reality gaps and to steer land information management projects from failure to success. Relatedly according to Ahene (2014) , the e-land initiatives sometimes fail totally because of disregarding the need to adhere to the scheduling and sequencing of project activities to enable smooth integration of the new system with the existing systems as the latter are slowly phased out.

According to Saxena (2005), most digitization projects in developing countries employ high technology intervention. According to him this is unfortunate because the major issue is usually not information technology but an understanding of the users’ needs, which act as the critical factor for triumph in the digitisation of land systems. As for Quan and Toulmin (2010), land digitization initiatives can only succeed when they promise a more client-centric approach since the clients are the only reason why they exist. Unfortunately, most of the land digitization initiatives have not been able to achieve the intended benefits in the developing countries because of a techno-centric, rather than a client centric, focus (McKinnon & Reinnika, 2010).

A World Bank report (2006) recommends that governments should emphasise the need for their e-government programmes for proper filing to establish and maintain reliable, technology-driven and user-friendly Land Information Systems (LIS) as a public good for national development. However, there are continuing problems, such as lack of well-defined structures/systems and processes in the area of land records management, which need be addressed.

2.3.2 Restructuring and performance of land offices

According to the World Bank (2016), inadequate supply of skilled and experienced professionals in the regional sectors would also lead to the failure of such land reforms regionally. Without trained human resources, digitized land information systems would not deliver effective services to the public (World Bank, 2016). Whereas a lot has been written on the introduction of digitized land information systems, literature is silent on the challenges of and solutions to digitization of the land registry operations in Uganda. This research will sought to addresses the gap.

Together with the above, how supervision relates to performance of land offices has not been tested widely. Van der Molen (2013) concludes that the presence of good land supervision is responsible for growth of 5.9 per cent of the GDP in the Netherlands. However, he did not assess the quality of supervision on performance of land offices and did not fully explain the changes in wellbeing activities induced by good supervision at the local level. Thus, there is a lack of empirical research that studies the relationship between supervision and performance of land offices. Theories that postulate a good restructuring in land reforms, coupled with secured tenure, increases economic growth are not widely tested. Although some studies have examined the role of supervision on the economy, findings from different studies are not convergent. This study aims to fill this gap in knowledge and to investigate the role of restructuring focusing on supervision on performance of land zonal offices.

A study on Report Human Rights Baraza conducted in Agago District by Human Right Commission generated lessons learnt; under deconcentration monitoring, information about projects is easily and cheaply generated and critical intervention aspects that influence performance of projects such as values of local knowledge, progressive cultures and traditions are captured in the project reports. This was attributed to regulations that govern projects within the local governments. The evaluation results from this program indicated that decentralized monitoring empowers communities to assess government programme and share their experiences with policy makers   (Office of the Prime Minister. Project reports, 2011).

According to World Bank (2016), the basic process of performance of land office requires that regional land Offices be instituted. In supporting the same view, UNECE (2006) opined that such processes aim at ensuring low costs service delivery and accessibility. Relatedly according to Creuzer and Kjellson (2015), a special hardware and software platform should be provided to capture, send and receive digital documents across various networks in regional offices established. Since digitization encompasses a range of procedures and technologies with widely varying implications, it is, therefore, necessary to have pre-set procedures to guide the users of the system.

2.3.3 Community empowerment and Performance of land Office

The purpose of community empowerment is to facilitate change within the community to alter the basic patterns of social interaction, values, customs, and institutions in ways that will significantly improve the quality of life in a community (Bennett et al., 2008). This sweeping change distinguishes community empowerment from more traditional interventions, which typically attempt to meet social policy goals by using a relatively defined and discrete mechanism (such as a new service or program) to produce desired changes in the lives of targeted individuals. Community empowerment, in contrast, attempts to change the everyday environment in communities in ways that will result in better outcomes for everyone living within a designated geographic area. This crucial difference in strategy poses a new and complex set of challenges and at the same time multiplies and complicates the issues that need to be addressed by those evaluating the initiatives.

Because communities differ significantly, mobilization efforts across communities will differ. Community mobilization reflects a set of community-based strategies, each designed to address different goals, target specific groups or neighborhoods, and work in different arenas of community action (Lindsay & McGillis, 2017). What community mobilization efforts all share in common is communication and outreach. However, community mobilization initiatives differ because of their different target audiences and different outcomes. The most common citizen mobilization programs are neighborhood block watch programs and citizen patrols. Neighborhood block watch programs follow from the premise that residents are in the best position to monitor suspicious activities and individuals in their neighborhoods. Evaluations of such programs, however, found little evidence that the programs have a significant effect on neighborhood crime (Rosenbaum, Lewis & Grant, 2018). However, a recent meta-analysis by Bennett and colleagues (2008) did find an overall positive impact on crime due to neighborhood watch programs.

Land registration implemented through titling is defined as the process of recording legally recognized interests (ownership and/or use) in land (Dale & McLaughlin, 2010). The role of land in economic development is recognized in all societies, for economic growth it is important to know the way rights to land are defined and held. Land cannot be moved, and thus not be transferred in the way movable assets can, the transfer of the rights in an immovable good has to be solved in different ways (Zevenbergen, 2013).

2.4 summary of Literature review

An expansive body of literature reviewed above suggests an association between land reforms and performance of land offices. From the foregoing discourse, it can be asserted that land reforms when viewed in form of Land legislations and regulations, computerization of land registry, and regional zonal offices generate a more concrete ground for service delivery debate.  It can also deduced from the literature reviewed that most times, performance of land offices also include citizen’s interest in how the government spends taxpayers’ money. From the theoretical stance, it’s not easy to strike a balance between the BSC perspectives and unavoidable effects of financial implications. Although the BSC has a learning and growth perspective that deals with knowledge creation and innovation, the perspective adopts the traditional logic of innovation, where Research and Development (R&D) deals with innovation but conceals both the process and the innovation itself from competitors. As for the related review, there is little empirical evidences directly relating land reforms to performance of zonal land offices in countries similar to Uganda’s context. The study therefore sought to address such and more inherent knowledge gaps

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 Introduction

The study examined the relationship between land reforms and performance of zonal land offices in Uganda taking a case of Mbarara zonal office. This chapter presents and describes the methods for conducting this study. In particular, the study presents the research design, study population, sample size, sampling methods, data collection methods and instruments. The chapter also presents the quality control for instruments, data collection procedures, data analysis, measurement of variables and the ethical considerations.

3.2 Research design

The study design was a cross-sectional survey that adopted both quantitative and qualitative approaches. The design intended to enable the researcher conduct the study at one point in time (Denzin & Lincoln, 2000). Quantitative approaches applied to primary data collected from the field using specific statistical methods. The quantitative strand of the study was adopted to support generation, analysis and summarizing data numerically and objectively in order to make generalization of findings possible. Qualitative approach was used in discussion of findings in relation to interviews and documentary analysis that were deemed relevant to this study. The qualitative research made it possible for in-depth and insightful observation of respondent’s underlying opinions and unique experiences relating to the study interest.

3.3 Study Population

The study population was 137 generated from Mbarara zonal land area. The population categories from which sample population was determined and selected included community members served by the zonal office (86), Chairpersons for the eleven district land boards (11), Senior land officers for the eleven districts (11) and five MZO staff (Head of departments). These population categories were considered sufficient to inform the study because they play key roles and have significant stakes in land service delivery in the land region.

3.4 Sample Size and selection

The sample size was 113 determined using statistical tables of Krejcie and Morgan (1970) cited from Amin (2005). The sample size and sampling procedures are indicated in the Table 3.1 below

Table 3.1: Sampling Procedure

Source: MZO staff list (2019) and District HR Records (2019)

3.5 Sampling techniques and procedures

The study used both randomized and non-randomized sampling approaches to select respondents. In particular, purposive and simple random were the sampling techniques used for non-randomized and randomized approaches respectively.

3.5.1 Purposive sampling technique

Purposive sampling in this study referred to a sampling technique that involves identification and selection of individuals or groups of individuals that are proficient and well-informed with a phenomenon of interest (Ilker, Musa & Alkassim, 2016). The sampling was applied in selection of population categories including the district land board chairpersons, senior land officers and the head of departments. Given that these population categories were deemed to have varying levels of information relevant to the study, the technique was preferred to enable to research use her judgement and handpicks all members of those categories (Amin, 2005).

3.5.2 Simple random sampling techniques

Simple random describes a sampling technique that strives to avoid selection bias in selection of respondents in sample population. The technique was utilized to select members of community who are served by the zonal land office. The technique managed to minimize selection bias through providing an equal and independent chance to all elements from that population category of being selected into the sample population. In particular, each member of that category was assigned a number and after which one number at a go was selected at random

3.6 Data Collection methods

The study utilized both quantitative and qualitative data collection methods from both primary and secondary sources of data.

3.6.1 Questionnaire survey

The questionnaire survey was a data collection method where closed ended questionnaires measured on five point likert scale were developed, according to the objectives of the study, and administered to defined respondents (Sekaran, 2003). The method was very appropriate because it enabled the researcher to collect data from very many respondents in a short period of time (Mugenda & Mugenda, 2008). The method also minimized bias since the respondents were able to answer the questions from their own perspective (Amin, 2005). This applied on senior lands officers, District Chairperson Land Boards, and Senior staff MLHUD

3.6.2 Interview

The interview, as a data collection method in this study, referred to face-to-face interactions between the researcher’s team and respondents on specific questions about the study topic (Amin, 2005).  By and large the data collection technique enabled generation of qualitative data as aligned to the study objectives,. This method enabled the researcher to gather in-depth information that supplemented the findings from the questionnaire survey (Sekaran, 2003). Respondents were prompted and probed to extract detailed information for the study.

3.7 Data collection instruments

3.7.1 Self-administered questionnaire

A questionnaire in this study was a research instrument consisting of a series of questions and other prompts used to gather mostly quantitative information from respondents. In particular, self-administered questionnaires were used to capture primary data whereby the respondents were left to read and answer the questions by themselves. A questionnaire template carried several question items to which respondents were requested to respond (Oso & Onen, 2005). The questionnaire was close-ended questions and measured on a five point Likert scale where the respondents selected an option reflecting extent of his/her agreement with the statement. The questionnaire was used because of its convenience and efficiency in collection of quantitative data from complex populations in their natural settings without influence of the researcher (Sekaran, 2003)

3.7.2 Interview guide

An Interview guide was a document containing a set of pre-determined questions that the study used to guide the interview (Amin, 2005).  The researcher prepared and used a semi-structured interview guide to conduct interviews on Senior Land Management Officers, District Chairperson Land Boards, and heads of departments of Mzo. The guide was semi structured with some open –ended questions to explore and probe further into land reform issues that may have had an impact on the performance of land offices. The open-ended questions were therefore used to capture the qualitative data about the study variables. The interviews were preferred to provide in-depth information about the research question ( Mugenda & Mugenda, 2003).

3.8 Validity and Reliability

3.8.1 Validity

Validity in this study referred to the extent to which a data collection instrument measures what it claims to measure (Oso & Onen, 2008). A validity test was conducted prior to administering questionnaires. The exercise involved identifying three raters who were requested to provide their judgment about the items that had been designed in the instrument. The questionnaire scale for expert validity was then modified on two Likert scale, 1 to 2 where 1 represented relevant and 2 irrelevant. Computation of the CVI to determine the validity of the instrument was deployed based on the formula below:

C.V.I = Number of items rated relevant                                 x 100%

Total number of items (both irrelevant and relevant)

3.8.2 Reliability

Reliability refers to the degree of consistency that the instrument demonstrates (Gay, 1996). To calculate reliability, the instrument was administered to a small group of respondents who were not part of the study who provided their opinions about the questions asked. After pilot testing in the field, reliability of the instrument, on multi-item variables (Computerization of land registry, Restructuring, Community empowerement, Performance of MZO) was tested via the Cronbach Alpha method provided by Statistical Package for the Social Scientists (Foster, 1998). The study established reliability of the questionnaires by computing the alpha coefficient of the items (questions) that constituted the dependent variable and that of the items that constituted the independent variable.

3.9 Procedure for data Collection

The researcher obtained a letter from Uganda Management Institute introducing her to MZO and specifying that the data to be collected was solely for study purposes. Upon obtaining the requisite permission, the researcher proceeded with data collection starting with giving out questionnaires to community members. After that interviews were conducted with key informants. This was followed by data entry and subsequently report writing.

3.10 Data Analysis

3.10 Quantitative data

Quantitative data was analyzed using both descriptive and inferential statistics. The descriptive analysis was done using measures of central tendencies in particular the mean and standard deviation. The inferential technique was the Pearson’s coefficient (- or + to show the direction of the relationship between the variable) and significance tested at 99% and 95% confidence levels based on the tailed correlation and significance more than or equals to 0.5. A positive correlation indicates a direct positive relationship between the variables while a negative correlation and inverse, negative relationship between the two variables. The regression analysis was used to adjust R2 values, beta t values and significance values to determine the magnitude of the relationship between the variables (Amin, 2005).

3.10 Qualitative data

The qualitative data gathered from interviews was analyzed using content and thematic analysis techniques. Content analysis involved reading through the data set to get a general sense of what was all about before coding the data and later processing it. Content analysis included developing codes that represented what the data will all be about. Thematic analysis on the other hand involved organizing and merging codes into categories or themes reflecting the bigger picture of the data (Sekaran, 2003)

3.11 Measurement of variables

Responses were obtained using a scaled questionnaire using a 5-point-likert scale where numerical figures were attached weights: 1=strongly disagree 2=disagree 3=not sure 4=agree and 5=strongly agree, and were used to gauge respondents’ perceptions. The questions were adjusted accordingly to match the targeted information by the researcher. Data generated from open ended questions were used in qualitative analysis. The information was studied and categorized according to contextualized themes. The Likert scale was used because it is easier to use compared to other methods (Amin, 2005).

3.12 Ethical Considerations

The major ethical concerns in this study included ensuring privacy of the subjects and confidentiality of their information. To ensure privacy, the respondents were informed upfront that indeed their names were not required, that they have the right to leave questions unanswered for which they do not wish to offer the requisite information, and that the researcher would put the respondent under pressure if this happened (Mugenda & Mugenda, 2003). To ensure confidentiality, the respondents were informed upfront that the information they give would be solely used for academic purposes and data obtained on private matters would be treated in confidence (Amin, 2005). Further testing of plagiarism were conducted to ensure that the report meets the required below 15% test required by the UMI. Where quotations were made in literature review and in findings, they have to be acknowledged and authorities stated.

Appendices

Appendix I: Questionnaire for community members (Women and Men)

Instructions

I am GATABI MELSI a student at Uganda Management Institute (UMI) pursuing a Master’s Degree in management Studies. I am doing a research study on “LAND REFORMS AND PERFORMANCE OF MBARARA ZONAL OFFICE – MINISTRY OF LANDS HOUSING AND URBAN DEVELOPMENT.” This questionnaire is intended for academic purposes only and not for any other use. I would therefore like to assure you of utmost confidentiality. The answers given in this questionnaire will not be used against you. Please take a few minutes to answer the questions below.

Thank you in advance.

Section A: Background Information (Please tick appropriately)

1. Gender Male                                      Female
2. Age in years

18 – 25                   26 – 35                 36 – 45                  46 -55                Over 56

1. Education level

No formal education      Certificate               Diploma                Bachelor’s              Degree             Others (Specify)…………

Section B: Computerization of land registry and performance of Mbarara Zonal Offices

For each of the following statements /questions, indicate the strength to which you attach a particular statement. Please tick the appropriate box. Criteria: Strongly agree (SA) = 5; Agree (A) = 4 Not sure (NS) = 3; Disagree (D) = 2 and strongly disagree (SD) =1.

Section C: Restructuring and performance of Mbarara Zonal Office.

For each of the following statements /questions, indicate the strength to which you attach a particular statement. Please tick the appropriate box. Criteria: Strongly agree (SA) = 5; Agree (A) = 4 Not sure (NS) = 3; Disagree (D) = 2 and strongly disagree (SD) =1.

Section D: Community empowerment and Performance of Mbarara Zonal Office.

For each of the following statements /questions, indicate the strength to which you attach a particular statement. Please tick the appropriate box. Criteria: Strongly agree (SA) = 5; Agree (A) = 4 Not sure (NS) = 3; Disagree (D) = 2 and strongly disagree (SD) =1.

Section E: Performance of Mbarara Zonal Office

For each of the following statements /questions, indicate the strength to which you attach a particular statement. Please tick the appropriate box. Criteria: Strongly agree (SA) = 5; Agree (A) = 4 Not sure (NS) = 3; Disagree (D) = 2 and strongly disagree (SD) =1.

Thank you for your cooperation

Appendix II: Interview Guide for Key Informants (MZO staff, Chairperson Land Board and Senior Land Management Officers)

Instructions

I am GATABI MELSI a student at Uganda Management Institute (UMI) pursuing a Master’s Degree in management Studies. I am doing a research study on “LAND REFORMS AND PERFORMANCE OF MBARARA ZONAL OFFICE – MINISTRY OF LANDS HOUSING AND URBAN DEVELOPMENT.”  Mbarara. This questionnaire is intended for academic purposes only and not for any other use. I would therefore like to assure you of utmost confidentiality. The answers given in this questionnaire will not be used against you. Please take a few minutes to answer the questions below.

Thank you in advance.

Questions

1. What is the relationship between computerization of land registry and performance of Mbarara Ministerial Zonal Office?

• In your view, do you think, land information search is made easy with introduction of computerization of land registry?
• Do you think land titles can easily be acquired due to the introduction of land information system (LIS)?
• Has computerization of land registry improved on record keeping?
• In your opinion, do you think the land information system (LIS) has simplified land title acquisition in terms of time?

1. What is the relationship between restructuring and performance of Mbarara Ministerial Zonal Office?

• Do you think supervision contributes towards performance of Mbarara Zonal Office?
• Does coordination between Mbarara MZO and the districts it serves enhance performance?
• Do you think customer care leads to performance of Mbarara Zonal Office?
• In your view, do you think the creation of Mbarara Zonal Office has simplified land related activities?

3. What is the relationship between strengthening community security of tenure and performance of Mbarara Ministerial Zonal Office?

• In your view, do you think community empowerment is enhanced through community awareness on land title acquisition?
• Would do you say that community knowledge on land laws and procedures is a function of community empowerment?
• Do you think strengthened online land title processing is enhanced by community empowerment?
• In your opinion, do you think communal customary land ownership information is enhanced by community security of tenure?

Thank you for your cooperation

Appendix III: Table for determining sample size from a given population

Source: Krejcie & Morgan (1970, as cited by Amin, 2005)

Note.—N is population size.

S is sample size.