Uganda`s legal and regulatory system for land and property rights is pluralistic. That is, legal and customary laws (and in some places Sharia law) operate simultaneously. The formal legal framework for girls` property rights in Uganda is based on the 1995 Constitution, the 1998 Land Act, the 2004 and 2010 Land Act Amendment, and the Family and Inheritance Acts. Uganda has recently embarked on the ambitious formulation of a new national land policy. It was signed by the Council of Ministers on 14 September 2013 and included in the Official Journal, but has not yet been implemented. Implementation requires the amendment or replacement of many of the acts and regulations discussed in this section. The land law provides some protections for women`s and children`s land rights. Article 28 provides for the protection of the rights of women, minors and persons with disabilities in customary land decisions. Section 40 provides for a limited requirement for consent of spouses and children prior to the final transfer of rights to the property (e.g., sale, exchange, mortgage, lease, gift between living persons). For spouses, such consent is required only for the land on which the family lives and for all land attached to the dwelling that is used by the consenting spouse for subsistence purposes. It is not necessary for plots that can be moved away from the apartment.
For children, consent is only required for the transfer of residential land. There are ways to improve the common law evidence-based approach to evidence using judicial opinions and written literature. These channels can be used by the judiciary without legislative measures. These pathways can also be developed in such a way that customary law can change over time. Although legislative reform is another means of improving the evidentiary status of customary law, the current political environment makes such a formal change in the law unlikely during this decade. Instead, Ugandan courts of appeal are best placed to improve the way the common law is proven and established. Two recent Ugandan cases concern proof of customary law. In the 2008 decision of the Ugandan Supreme Court in Kampala District Land Board and George Mitala v. Venansio Babweyaka et al., Civil Appeal No.
2 of 2007, the then Chief Justice Benjamin Odoki proposed a roadmap on common law methods of proof. Odoki listed various ways to prove customary law, including books, witness statements and court notices. In the 2010 judgment in Mifumi (U) Ltd and 12 Others v. Attorney General, Constitutional Application No. 12 of 2007, the Constitutional Court issued a new opinion dealing with the issue of evidence of customary law. A careful examination and comparison of the language and approaches in these two contemporary cases paints a revealing picture of the fuzzy and changing body of common law evidence in Uganda. (3) Land in Uganda is owned in accordance with the following land tenure systems: a. customary; b.
real estate; c. Mailo; and d. Hereditary Lease. 4. Upon the coming into force of this Constitution, all citizens of Uganda who own land belonging to normal owners may acquire certificates of ownership in the manner prescribed by Parliament; and b. Normally owned land can be converted to real property by registration. (art. (237) In some respects, inheritance laws are progressive in that they do not distinguish between daughters and sons among direct descendants and relative dependent categories. However, directly and indirectly, women`s inheritance rights are not on an equal footing with men`s in inheritance law. For example, in some circumstances, the law has an overt male bias; A “legal heir” is defined as a living relative closest to the testator in degree, with men preferred over women and older people over adolescents. Moreover, by shifting it to custom, inheritance law indirectly distorts men in the choice of the “habitual heir”.
The law defines the ordinary heir as the person recognized as a customary heir by the rights and customs of the tribe or community of the deceased. The rights and customs of all Ugandan tribes would choose only one man as their usual heir, so although the laws appear neutral at first glance, in practice this is not the case. Moreover, by using the term “wife” instead of “spouse,” the laws assume that a woman does not own property. An unallocated country is land that the head of household holds for personal use. When the head of the family dies, the land is administered by the usual heir designated by the clan. The heir in all cases is a son, usually the eldest son, who must have shown signs of responsibility. The heir is installed during a cultural ceremony by the clan. The heir is responsible for the administration of these unallocated lands. Unused land is land that cannot be used or inherited. This may be the case, for example, if no male children are born to the head of the family. Should this happen, the land will be used by the parent with the next claim to the land, most often by the brothers of the head of the family. Cultural and customary values compatible with fundamental rights and freedoms, human dignity, democracy and the constitution can be developed and integrated into aspects of Ugandan life.
The State has. The promotion and preservation of cultural values and practices that promote the dignity and well-being of Ugandans; (National Objectives and Political Principles of State Policy, XXIV) Five types of marriages are recognized in Uganda: civil, Christian, Hindu, Muslim and customary. The marriage must be monogamous if it was contracted under the Marriage Act 1903 or the Hindu Marriage and Divorce Act 1962. However, the 1972 Customary Marriage Decree and Islamic law both allow polygamous marriages. The Constitution of Uganda (1995) is the supreme law of the land and is binding on all persons and authorities; However, it does not create directly enforceable rights. According to the constitution, all land in Uganda is transferred to citizens under one of four property systems: common law, land ownership, mailo and lease. [2] The Constitution also sets out general principles for women and children; Equal rights for women, no discrimination based on customs and special protection for women and orphans. E: The term husband is used here in quotation marks because, in local terms, people consider a couple living together, especially if they have children, as husband and wife, even though they may not have taken on the usual formalities, religious or legal.
(1) Subject to the provisions of this Constitution, the institution of a traditional or cultural chief may exist in any part of Uganda in accordance with the culture, customs and traditions or the wishes and aspirations of the people to whom it applies. 2. In any community where the question of the traditional or cultural leader has not been resolved, the question shall be resolved by the community concerned in accordance with a method prescribed by Parliament. (4) The loyalty and privileges accorded to a traditional or cultural leader by virtue of this office shall not be considered a discriminatory practice prohibited by article 21 of this Constitution; but any custom, practice, custom or tradition which relates to a traditional or cultural chief and which infringes the rights of any person as guaranteed by this Constitution shall be prohibited under this section.