An introduction to Sources of Law - Uganda’s Legal System
Background
Uganda’s legal system is based on the English legal system that was imported into Uganda by the British colonialists. Prior to the establishment of British colonial rule in Uganda, each ethnic group in Uganda followed its own body of customary law. The customary law was unwritten. However, the customary law of various ethnic groups had both similarities and differences in content and in the manner of its administration.
In the centralized kingdoms such as Buganda, Busoga, Bunyoro and Toro, there existed formal courts presided over by chiefs who administered justice according to respective customary rules. Besides the formal courts, the family and clan heads also played a role in resolution of disputes. In the non Kingdom states, administration of justice was done by family members, village elders and clan chiefs. It is these that were in charge of settling disputes that would arise in their communities.
The introduction of British rule was accompanied by the imposition of a foreign legal system based on the system applied in England. However, the introduction of the English legal system did not completely replace the traditional legal systems.
The two systems existed side by side with each operating within their own sphere of jurisdiction. To-date, the traditional ways of settling disputes are still used in our communities.
The British colonialists set up a consular court that applied English written law as well as other principles of law used by English courts. These other principles were derived from the common law and doctrines of equity. English courts also followed principles of natural justice in the resolution of disputes.
Sources of Law in Uganda
Law is a set of rules governing a society. Law performs various functions in a society. For instance, law is used in the maintenance of peace and order through forbidding certain acts like theft, rape and treason. Laws play a very important role in implementation of government policies, for instance, the law governing the protection and conservation of the environment.
There are various sources of law in Uganda.
i. The Constitution of the Republic of Uganda (1995)- is the supreme law of the land. All other laws must conform to the Constitution. In the event that any law is inconsistent with the Constitution, the Constitution takes precedence. This means that, where there is conflict
between the Constitution and any other law, the provisions of the Constitution have to be followed.
ii. Legislation-
This refers to written law made by a law making body. In Uganda, Parliament is the central law making authority. Legislation may be called various names; it may be called Statutes, Acts of Parliament, Promulgations or Decrees.
Currently in Uganda, all legislation enacted by the Parliament is referred to as Acts of Parliament. Laws made during Idi Amin’s regime were referred to as Decrees since there was no Parliament at the time. It was the President who had law- making powers.
In 2000, Government revised all legislation that was in force at the time. By virtue of the revision, all legislation is now referred to as Acts of Parliament.
Parliament may delegate its law making powers to other bodies for instance to a District Local Council, a City Council, a Municipal Council or a Sub County Local Council.
Parliament may also delegate its law making powers to other bodies, for instance, to a District Local Council, a City Council, a Municipal Council of a Sub-county Local Council.
Parliament may also delegate its law making powers to a government official, for instance, a Minister.
These bodies or persons with delegated legislative powers make laws referred to as bye-laws, ordinances, rules or regulations.
iii. Case Law-
The courts of Uganda apply the doctrine of precedent.
This means that when deciding a case with facts similar to those of an earlier decided case, the courts decide the new case by following the principles of law set out and in the earlier decision. The earlier decided cases are what are referred to as precedents.
The precedents to be followed are those of the three highest courts namely, the Supreme Court, the Court of Appeal and the High Court.
A court is supposed to follow decisions of a higher court as well as its own decisions. However, while a court is bound to follow decisions of a higher court, it may decline to follow its own decisions for good cause.
iv. Common Law and Doctrines of Equity-
Common law is applied in Uganda by virtue of having adopted the English legal system. Common law refers to decisions of English Judges which were based on the customs of the English communities.
Doctrines of Equity refers to those principles that were developed by English Judges to address the unfairness and limitations of the common law. Equity means fairness. Common law and the doctrines of equity are applied in Uganda where the written law does not provide a remedy
to a given legal problem. They can only be applied if they are not contrary to Uganda’s written law.
v. Customary Law-
This refers to the rules of conduct applied by various ethnic groups in Uganda. Customary law is unwritten. For a custom to be applied as law in the courts of Uganda, it must have certain qualities. For instance, it must not be contrary to the Constitution and any other written law. The Constitution outlawed criminal customary law.
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