The 13th Amendment gave the Provincial Councils rights over “Land, land tenure, transfer and alienation of land, land use, land settlement and land improvement.” It specifically says “Land shall be a Provincial Council subject to certain limitations.” Land is not on the concurrent list either. It was therefore assumed that “Land” was the exclusive preserve of the Provincial Councils. If a Provincial Council needed any state land, the government has to hand it over, no questions asked.
It was further assumed that central government on the other hand, could only use state land with the approval of the Provincial Councils. Cabinet approved the provision of 15,000 acres of state land for a banana cultivation project in Kantale areas to be followed by 20, 000 acres more to the same company for a cadju plantation. Eastern Provincial Council cancelled these two orders, saying land was their subject and this was done without consulting them. Government disagreed. (Sunday Times 26.7.09 p 1).