Abstract
Customary law has been part of Ugandan law for many years. Section 2 of the Local Council Courts Act, 2006 defines “customary law” to mean “the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation”. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. In this article, the author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened.
Highlights
Customary law has been part of Ugandan law for many years and was recognised by the British colonialists.[1]
The inclusion of these provisions in the Constitution was informed by Ugandan history, which was characterised by oppressive cultural practices, especially against women
According to the Third Schedule to the Act, local council courts have jurisdiction with regard to the following customary law matters: “(a) disputes in respect of land held under customary tenure; (b) disputes concerning marriage, marital status, separation, divorce or the parentage of children; (c) disputes relating to the identity of a customary heir; (d) customary bailment.”[113]. Section 32 of the Act provides for the right of appeal against the decisions of local council courts
Summary
Customary law has been part of Ugandan law for many years. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. The author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened
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