The Constitutional Court has ruled that the 1993 law that restituted and restored traditional institutions in Uganda doesn’t violate the constitution, as has been alleged by different people, including the state minister for land, Sam Mayanja.
The ruling arose from a constitutional petition number 9 filed by Prince Kalemeera Kimera, a grandson of Daudi Chwa II, where he wanted the court to nullify the 1993 traditional rulers’ restitution law, asserting that the law had unconstitutionally vested properties of the late Kabaka Daudi Chwa II, of which he is a beneficiary, into the Kabaka of Buganda, depriving him of his property rights.
Prince Kalemeera argued that the law was unconstitutional as it contravened articles 26 and 21, which guarantee the right to own property and protection from compulsory deprivation or right over property.
The petitioner wanted the court to declare that sections 2 and 3 of the Traditional Rulers’ Act are inconsistent with articles 2, 21, 26, and 246(3)(a) and (b) of the constitution and are to the extent void. The prince also, in his petition, wanted the court to award him and other beneficiaries of the late Sir Daudi Chwa II $60 million as compensation for what he called the deprivation of their property.
In their ruling, the three justices—Richard Buteera, Catherine Bamugemereire, Mutangula Kibeedi, Irene Mulyagonja, and Oscar Kihika—ruled that the petition of Prince Kalemeera was incompetent as the sections of the 1993 law it sought to annul were not unconstitutional. It therefore dismissed the petition with costs to the Kabaka of Buganda and the Attorney General of Uganda.
Commenting on the court’s ruling, the attorney general of Buganda, Owek. Christopher Bwanika, at a press conference held in Bulange, welcomed the court’s ruling and said that the ruling will go a long way toward warding off people who have made it a habit to sue the Kabaka of Buganda, alleging to own his property. He said that the ruling clearly showed that the 1993 law was constitutional and that the return of properties to the Kabaka was rightly done. He warned people to stop wasting Kabaka’s time and resources in court since his time and resources would be better utilized in serving the people of Buganda.
Denis Bugaya, the spokesperson of the Buganda Land Board, equally weighed in, welcoming the ruling and warning people who drag the Kabaka to court on flimsy grounds that the kingdom will not have mercy on them as it recovers its costs whenever it wins against them in court.
The Kabaka was represented by K&K, Buganda Royal Chambers, and the legal department of Buganda Land Board who were greatly appreciated for the work done.
