Inaugural Lecture Delivered at Makerere University By David J. BAKIBINGA Professor of Commercial Law
22nd June, 2002
A. INTRODUCTION
In this lecture, I will attempt to analyse the role of Commercial Law in the liberalised economic environment of Uganda. In doing so I intend to confine myself to the period from 1986 to date. Since Commercial law does not exist in a vacuum a review of the economic, political and financial policies underlying the law will precede the assessment of the law. This approach assumes that law has a moulding effect on society, its norms and general behaviour and falls within the functional school of jurisprudence and its leading proponent, Dean Pound, who conceived law as a process of balancing conflicting interests i.e. a means of social engineering. 1 In contrast, there is the economic or socialist conception of law as a superstructure over an economic base and therefore being a reflection of the economic conditions or set-up of a given society. While noting that law can be an instrument of social change, it is also intended to show that in line with the economic concept of law, commercial law is in fact a reflection of the political, economic and social set up of the Ugandan Society. This approach is supported by the view that 1a commercial law evolves from usages of business so that the level of its influence and the degree of its subtlety at any one time are a function of the volume of economic activity and the complexity of the practices that drive commercial law.
Please see below for the full Professorial Inaugural Lecture script.
The Public Interest Law (PILAC) held its 13th Clinical Legal Education (CLE) Moot on 14th May 2026 in the Makerere University School of Law (SoL) Moot Court Room. The CLE Moot is one of the clinical activities forming part of the experiential learning approach used by PILAC in its CLE class.
This Moot gives CLE students the opportunity to build their court advocacy skills, including case research and preparation, oratory and case presentation, court etiquette and teamwork, among others. This is in addition to exposing students to emerging areas of law and legal dilemmas that require specialised legal knowledge and talent to resolve. The uniqueness of this Moot lies in the fact that it is presided over by real judges, drawing mainly from the High Court. This is a result of the collaboration between the School of Law and the Judiciary of Uganda.
The Case and Arguments
This year, the theme of the moot was, ‘Rapid Economic Liberalisation and Urban Growth as drivers of inequity, weakened accountability, strained public infrastructure, and conflict between traders and the state’.
The Moot was presided over by a panel of three High Court Judges: Hon. Lady Justice Jane Okuo Kajuga, Hon. Justice Isa Serunkuma and Hon. Lady Justice Alice Komuhangi Khaukha. The moot problem focused on two unique and interrelated issues. First were legal questions around public-private partnerships and the nature of the legal obligations they impose on the state. Second, there were questions about the state’s obligations regarding human rights abuses arising from the actions of private actors under public-private partnership arrangements.
A compelling display of legal advocacy, a mock human rights enforcement petition highlighted the rising tide of climate litigation across Africa, tackling the devastating human toll of environmental disasters and the inadequacy of state responses. The fictional case centred on a catastrophic flood that destroyed local businesses, displaced scores of traders, and tragically claimed the lives of a mother and her infant child.
At the heart of the legal arguments was the state’s defence: a flat-rate compensation package that critics argued barely scratched the surface of the community’s profound losses. The petition cut straight to a definitive and increasingly urgent question facing the African continent: When climate-related disasters hit already vulnerable communities, and the state fails in its constitutional duty to protect the right to a clean and healthy environment, what does the law actually require? The answer put forward by the petitioners was unwavering: the law requires a meaningful, comprehensive remedy—not mere sympathy, and certainly not token payments.
While climate litigation in Africa is still in its infancy, legal scholars note it is growing rapidly out of sheer necessity. As environmental obligations are too often treated by governments as aspirational goals rather than enforceable duties, the courtroom is emerging as a vital arena to bridge the gap between state promises and true accountability.
Highlights of the Competition and Recognition of Best Performers
A total of 30 students participated in the Moot, under three teams: Applicants, Respondents, and Amicus. After weeks of preparations, the students wore their lawyers’ robes and had the chance to appear before the panel of judges, each presenting their arguments in a passionate and eloquent manner.
The Amicus team who were recognised as the winning team with the presiding judges.
At the end of the competition, the judges gave their feedback, expressing appreciation for the level of performance and preparedness of the teams. Some were complimented for performing better than some of the advocates who appear before the judges in court. The judges also provided tips and guidance for the purpose of enabling the students to improve their performance.
In his remarks, Professor Christopher Mbazira, the PILAC Coordinator, commended the students for their hard work and appreciated the judges for taking time off their busy court dockets to support the School in skilling the young future legal professionals. Each of the judges was recognised with a plaque of appreciation.
For his exceptional performance, Mayanja Owen was named Best Oralist of the competition. The Amicus team were recognised as the winning team from the presentations. Reflecting on the weight of the subject matter, the participating students expressed deep gratitude to the judging panel, their teammates who shared the immense burden of the case, and the instructors who guided them through weeks of demanding preparations.
Candidates who scored 50% and above passed the examination and have been recommended to the Admissions Committee for consideration. However, the candidates who passed have to submit an application where Bachelor of Laws is among the programme choices in the application system here: https://apply.mak.ac.ug.
Candidate who are not satisfied with their results may appeal within two weeks from the date of the release of results.
Follow the links below for the candidate lists showing results of the categories of candidates respectively:
It gives me great pleasure to present the 2025 Annual Report of the Makerere University School of Law (SoL). This report reflects the collective efforts, achievements and resilience of our academic community over the past year as we continued to pursue our vision of becoming Africa’s pre-eminent law school that promotes social justice, the rule of law and development.
At the heart of our mandate is teaching and learning, and throughout 2025 the School remained committed to delivering transformative legal education. Our undergraduate, graduate and doctoral programmes continued to attract highly competitive applicants, reflecting sustained confidence in the quality of legal education offered at the School. During the year, we successfully conducted teaching and examinations across all programmes, strengthened experiential learning through field attachments, mooting competitions, and clinical legal education, and hosted several academic engagements including doctoral colloquia and international collaborations. Our students also excelled in national and international competitions, demonstrating the strength of our academic training and mentorship.
The School also made significant strides in research and publications, which remain central to our mission as a research-led institution. Members of faculty produced important scholarly contributions in leading journals, books and policy publications covering a wide range of fields including human rights, environmental law, constitutional law, taxation, and disability rights. In addition, our research centres secured several grants to support impactful research and community programmes, further strengthening the School’s reputation as a hub for legal scholarship that informs policy and advances justice.
Beyond the classroom and academic scholarship, the School continued to play a vital role in community outreach and engagement. Through initiatives such as the Administrative Law Short-Course for Public Officers, the Public Interest Law Clinic, the Refugee Law Project, the Business Law Clinic and other outreach programmes, our staff and students provided legal aid, capacity building and other legal-related services to communities across Uganda. These initiatives underscore our commitment to ensuring that legal education contributes meaningfully to improving access to justice and empowering vulnerable communities.
The School also remained an important platform for public dialogue, policy engagement and intellectual debate. Throughout the year, we convened and participated in numerous public lectures, policy consultations, conferences and debates addressing critical national and global issues including constitutionalism, human rights, electoral justice, climate change and energy transition. Through these engagements, the School continues to contribute to informed public discourse and evidence-based policy reform.
Equally important has been our continued investment in mentorship and career guidance for students and aspiring legal professionals. In collaboration with the Makerere Law Society and various partners, the School organized career guidance sessions, mentorship programmes and outreach visits to secondary schools aimed at inspiring the next generation of lawyers and exposing students to the diverse opportunities within the legal profession.
These achievements would not have been possible without the dedication of our academic staff, administrative & support staff, students, and the support from Makerere University Management and Council, alumni and development partners. I extend my sincere appreciation to all who continue to support the work of the School of Law. As we look to the future, the School remains committed to strengthening excellence in teaching, advancing impactful research, deepening community engagement, and nurturing ethical and socially responsive legal professionals who will contribute to the advancement of justice, rule of law, societal transformation and development in Uganda and beyond.