The decision by Nyabihu District authorities to impose compulsory land lease fees on arable land has sparked concerns among residents.

Many residents snubbed the January 2 deadline to clear their fees.

Emmanuel Sibomana, a resident of Rugera Sector, said asking them to pay land lease fees on arable land was a surprise to many whose title deeds indicated that their land was exempted.

"My title deed indicates zero leasing cost but I was surprised when the village leader told me to pay land lease fees by January 2. I do not know whether the law has changed or not,” Sibomana said.

Godelieve Uwanyiligira, a widow in the same area, said they should have been informed in time since it was the first time they were paying lease for farmlands.

"We were informed about the decision after a meeting on December 29. We do not object to the decision but we need more time,” Uwanyiligira said.

Fred Munyansengo, the executive secretary for Rugera Sector, confirmed that residents were asked to pay lease fees but said it’s due to mistakes made during land registration.

"Many of our people misled registrars while registering their lands. They registered residential land as arable; for example, in our sector we have 5,000 families but only about 200 families correctly registered their residential plots. We then decided to ask those with land titles wrongly indicating arable land yet they are supposed to be residential to pay lease and then seek rectification at the land office later,” he said.

The district Mayor, Abdulatif Twahirwa, said no one in the district pays land lease for agricultural land but added that those who provided inaccurate information while registering land should bear the consequence.

"Residential plots must pay lease fees. The cost in Nyabihu is Rwf30 per square meter in Mukamira trading centre and Rwf5 for the rest of the district. Those who registered residential plots as arable must pay lease fees for the plots wrongly registered as the district needs taxes,” the mayor said.

Land parcels in Rwanda are now demarcated with more than 6 million land titles issued.

However, Dr Emmanuel Nkurunziza, the director general for Rwanda Natural Resources and registrar of land titles, said arable land below 2 hectares is taxable but even residential land is exempted from such fees in rural areas.

He said: "There is no land lease fees for settlement plots in rural areas, even if they are registered as residential. Though sometimes local authorities ask people to pay lease fees for such plots to boost their revenue, it is an illegal practice.”

He explained that when it is necessary to change the registered use of a certain plot of land, the land office at the district oversees the process and not other authorities.

Article 43o of the organic law n°43/2013 of 16/06/2013 governing land tax and lease fees says that a land owner with emphyteutic lease shall pay lease fees as provided for by a Presidential Order.

The Presidential Order n° 025/01 of 09/07/2012 establishing limits of taxes collected by grassroots entities states, in its article 9, that every land owner with a land title is eligible for emphyteutic land lease each year basing on square meters or hectares.

It states that the grassroots advisory council decides on the amount of the land lease fees basing on available infrastructure in the region and land usage.

Yet, it indicates that agriculture land below two hectares and residential land with no infrastructure (water, roads, and electricity) is not subject to annual land lease fees.

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