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Black Laws Matter: A Keynote Address by Dr. Busingye Kabumba

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BLACK LAWS MATTER

BENEDICTO KIWANUKA’S LEGACY AND THE RULE OF LAW IN THE ‘NEW NORMAL’

KEYNOTE ADDRESS

BY

DR. BUSINGYE KABUMBA,

LECTURER OF LAW, MAKERERE UNIVERSITY

AT THE 3RD BENEDICTO KIWANUKA MEMORIAL LECTURE

21ST SEPTEMBER, 2020

THE HIGH COURT, KAMPALA

My Lord The Hon. Alfonse Chigamoy Owiny-Dollo, The Chief Justice of the Republic of Uganda,
The Hon. Bart Magunda Katureebe, The Chief Justice of the Republic of Uganda,
The Hon. The Deputy Chief Justice,
The Honorable Minister of Justice and Constitutional Affairs,
The Hon. The Principal Judge,
My Lords the Justices and Judges,
The Chief Registrar,
The Family of the Late Benedicto Kiwanuka,
Heads of JLOS Institutions,
Permanent Secretaries,
Your Worships,
The President of the Uganda Judicial Officers Association,
The President of the Uganda Law Society,
Invited Guests,
Ladies and Gentlemen.

1.0 Introduction

I thank the Chief Justice Alfonse Chigamoy Owiny-Dollo for inviting me to give this lecture in memory of the first Ugandan Chief Justice of our country, the late Benedicto Kagimu Mugumba Kiwanuka.

I am deeply honoured to have been so invited. In the first place because of the immense stature of the man to whom this day is dedicated. Secondly, given the illustrious nature of the previous two key note speakers (Chief Justice Samuel William Wako Wambuzi – threetime Chief Justice of Uganda and Chief Justice Willy Mutunga, the first Chief Justice of Kenya under the 2010 Constitution of that country).

I am keenly aware of the trust exemplified by this invitation, and do hope to try to live up to it. In the same vein, I would like to take a brief moment to acknowledge two people who have been critical in shaping my life and thoughts over the years, and without whose patient guidance the trust placed upon me today would have definitely been misplaced. First, my late father, Professor Ijuka Kabumba. Secondly, Professor Joe Oloka Onyango. Anything of any importance that I might say today I owe to their support and guidance. Any errors I might make, on the other hand, are entirely my own fault.

2.0 Crisis: Ancient and Modern

We meet today in the throes of a national, regional and global crisis. Covid-19 has fundamentally challenged life as we know it, upending and disrupting all aspects of our life – economic, social and political. Indeed, even today’s event is held under ‘scientific conditions’ with most attending electronically – over Facebook livestream – rather than in person.

In these circumstances, it is little wonder that the organizers of this third memorial lecture thought it best to hold it under the theme: ‘Promoting the Rule of Law in the New Normal’. It is an appropriate response to the rapidly changing world that confronts us.

At the same time, this morning, I would like to suggest a different way of thinking about, and approaching, the challenging times in which we find ourselves. That the best way of dealing with change – even rapid change – is to recognize those things which are constant.

I think, in this regard, of the words of King Solomon in Ecclesiastes 1:9 (New International Version):

What has been will be again,
what has been done will be done again;
there is nothing new under the sun.

Thus, while the current times might appear to be without precedent, in the long life of the universe, what we are experiencing – as frightening as it seems – is nothing new.

At the same time, its lack of novelty in the larger scheme of things does not take away its novelty as an experience for us – we who are present in this moment. My suggestion this morning is that, in realizing both the novelty and banality of the present crisis – we appreciate it as an opportunity to courageously rethink a number of the notions to which we cling so tightly for comfort.

Who would have thought that most international borders could be closed, and for so long a time? Or that schools would be closed, and work places shut down – with the world seemingly coming to a slow halt? In this moment in which that which we never thought possible – that which was even unthinkable – could come to pass, is an incredible moment to re-examine other facets of life of our economic, social, political and, indeed, legal life.

This morning, it is with the last of these – our legal life – that I would like to briefly reflect upon as we remember the life and service of Chief Justice Benedicto Kiwanuka. As we remember his ultimate sacrifice for the cause and ideal of the rule of law, I invite us to reflect today as to what this might mean in ‘the new normal’.

Before Covid-19, we were a nation in crisis. After Covid-19, we shall remain a nation in crisis. Part of this crisis is one of identity. And this identity crisis then manifests in various aspects of our political, social, economic – and legal – life. This crisis can be captured by asking a few simple questions:

  1. What is Uganda?
  2. What does it mean to be Ugandan?

Only by seriously asking these two simple questions, and earnestly seeking to answer them, can we then accurately answer a third: ‘What law(s) should rule in Uganda?’ Put differently, this third question would be: ‘Why does the law not rule in Uganda?’

Please click the link below to Download the full Keynote Address

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Makerere University and Uganda Prisons sign MoU

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The Vice Chancellor-Prof. Barnabas Nawangwe (3rd Left) and Commissioner General Uganda Prisons Service (UPS)-Dr. Johnson Byamugisha (Centre) flanked by Left to Right: Dr. Patricia Atim, Dr. Zahara Nampewo and UPS Officials show off the signed MoU on 10th December 2024. Makerere University and Uganda Prison Services (UPS) sign Memorandum of Understanding that paves way for Makerere University School of Law to undertake short trainings in administrative law for UPS staff, 10th December 2024, Kampala Uganda, East Africa.

Makerere University (Mak)‘s strategic direction is to become a research-led institution leading to innovations, knowledge transfer partnerships and providing solutions to national challenges. In line with the strategic direction, on 10th December 2024, Mak and Uganda Prison Services (UPS) signed a Memorandum of Understanding (MoU) that paves way for the Makerere University School of Law to undertake short trainings in administrative law for UPS staff.

At the signing ceremony held at the UPS headquarters in Kampala, Uganda, Professor Barnabas Nawangwe, Vice Chancellor – Mak and Dr. Johnson Byamugisha, Commissioner General for UPS signed for their institutions. In attendance were senior officers from UPS and staff of SoL, Dr. Zahara Nampewo – Deputy Principal, and Dr. Patricia Atim, Coordinator of the Administrative Law short course.

Prof. Barnabas Nawangwe (Left) and Dr. Johnson Byamugisha (Right) shake hands as they display the signed Memorandum of Understanding. Makerere University and Uganda Prison Services (UPS) sign Memorandum of Understanding that paves way for Makerere University School of Law to undertake short trainings in administrative law for UPS staff, 10th December 2024, Kampala Uganda, East Africa.
Prof. Barnabas Nawangwe (Left) and Dr. Johnson Byamugisha (Right) shake hands as they display the signed Memorandum of Understanding.

The collaboration arising from the MoU aims to equip UPS officers with knowledge and skills in administrative law, improving their legal understanding and service delivery within the institution. The partnership involves training 60 UPS officers annually in the SoL Administrative Law Short Course Programme

Expressing pride in Mak and the School of Law, Professor Nawangwe thanked Dr. Byamugisha and the UPS for giving the university an opportunity to contribute to the professionalization of the prisons service. He emphasized the importance of strengthening the legal framework and ensuring the effectiveness of law enforcement personnel.

The partnership marks a significant step in enhancing the capacity of Uganda’s correctional facilities, ensuring that officers are better equipped to carry out their duties in accordance with the law.

Zaam Ssali

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China-Africa Forum for Law School Deans ends with Partners’ committing to enhanced collaboration

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H.E. Amb. Zhang Lizhong and Prof. Henry Alinaitwe (Centre) with Law School Deans, Academicians, researchers and students from Africa and China on 5th November 2024. Law School Deans, Academicians, researchers and students from Africa and China met on 5th November 2024 at School of Law (SoL), Makerere University, Kampala Uganda for the 6th China-Africa Forum for Law School Deans, Uganda, East Africa.

On 5th November 2024, Law School Deans, Academicians, researchers and students from Africa and China met at School of Law (SoL), Makerere University in Kampala Uganda for the 6th China-Africa Forum for Law School Deans. The Forum themed, ‘Legal Guarantee and Educational Support for High-Quality Development of China-Africa’ was hosted by SoL in partnership with Renmin University of China and Xiangtan University, China.

This forum was proposed at the 8th Ministerial Conference of the Forum on China-Africa Cooperation (FOCAC) held in 2021 in Dakar, Senegal, The resultant Dakar Action Plan (2022-2024) explicitly proposed to support holding the China-Africa Forum of Law School Deans to among other things: encourage and assist China-Africa Universities in jointly building China-Africa legal research centres; training of legal professionals; and promoting China-Africa exchanges and cooperation for legal knowledge and legal talents.

The Principal SoL, Assoc. Prof. Ronald Naluwairo. Law School Deans, Academicians, researchers and students from Africa and China met on 5th November 2024 at School of Law (SoL), Makerere University, Kampala Uganda for the 6th China-Africa Forum for Law School Deans, Uganda, East Africa.
The Principal SoL, Assoc. Prof. Ronald Naluwairo.

In his remarks, Dr. Ronald Naluwairo – Associate Professor and Principal, SoL welcomed participants to SoL, Makerere University and Uganda. ‘SoL opened its doors in 1968 and has grown into one of the greatest schools of law in Africa and enjoys global recognition for its work’, he said. He thanked Xiangtan University, China with who Makerere has a memorandum of understanding for the collaboration that started in 2014 and introducing the other partners present. He expressed hope that at the end of the meeting, tangible areas of collaboration supporting social justice will be defined for the partners; and a compilation of a report of the papers presented for knowledge transfer and policy development.

Professor Henry Alinaitwe – Acting Deputy Vice Chancellor/Finance & Administration. Law School Deans, Academicians, researchers and students from Africa and China met on 5th November 2024 at School of Law (SoL), Makerere University, Kampala Uganda for the 6th China-Africa Forum for Law School Deans, Uganda, East Africa.
Professor Henry Alinaitwe – Acting Deputy Vice Chancellor/Finance & Administration.

Professor Henry Alinaitwe – Deputy Vice Chancellor/Finance & Administration, Makerere University represented the Vice Chancellor, Professor Barnabas Nawangwe. He welcomed participants and encouraged them to tour Uganda, Pearl of Africa before departure for an appreciation of Uganda’s beauty. ‘Teaching of the law can contribute to social transformation of our people in Africa and China. This is therefore an important platform for discussion improvements in legal education for both Africa and China’, he said. Professor Alinaitwe thanked the partners for choosing Makerere to host and hoped for productive, enlightening deliberations during the forum which will lead to enhancement of the collaboration.

His Excellency, Ambassador Zhang Lizhong – Ambassador of the People’s Republic of China to Uganda. Law School Deans, Academicians, researchers and students from Africa and China met on 5th November 2024 at School of Law (SoL), Makerere University, Kampala Uganda for the 6th China-Africa Forum for Law School Deans, Uganda, East Africa.
His Excellency, Ambassador Zhang Lizhong.

The forum was officially opened by His Excellency, Ambassador Zhang Lizhong – Ambassador of the People’s Republic of China to Uganda. Ambassador Lizhong expressed pleasure at seeing the participants from China and Africa in the room to support the China-Africa collaborations which have built synergy with multiple plans and strategies. He explained that in Uganda alone, China continues to export promotion, infrastructure development (roads, dams, and airport) among others. He noted that there has been an increase of people exchange between China and Africa and it is therefore important that the nations understand better the legal setups for better collaboration and development mutually beneficial to all. ‘I thank Makerere for the support of the collaboration and I hope to see development of legal research centres as outlined in the Accra Action Plan’ the ambassador noted.

Presentations by participants through the day culminated into proposal of the following as key issues for further consideration and development:

  1. Recognition that legal education and legal exchanges are essential foundations of friendly cooperation between China and Africa and the China-Africa Forum of Law School Deans is an effective platform to promote the cooperation. The Forum will therefore be held regularly.
  2. Expand the scope, enhance effectiveness and impact of the Forum.
  3. Establish exchange mechanisms to promote cooperation, including joint international conferences and co-publish academic journals.
  4. Encourage law teachers’ research cooperation among faculty to improve research quality and facilitate mutual visits.
  5. Promote friendly exchanges among young legal professionals, providing support for their studies and exchanges at partner institutions
  6. Collaborate of developing educational programmes, including courses on comparative studies of China-African legal systems.

Zaam Ssali

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Call for Papers – East African Journal of Peace and Human Rights

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Part of the audience at the Makerere Law Journal (MLJ), Symposium held at the School of Law, Makerere University on 17th June 2022. Photo credit: MLJ. Kampala Uganda, East Africa.

The East African Journal for Peace and Human Rights (EAJPHR) is an international, peer-reviewed, bi-annual scholarly publication of the Human Rights and Peace Centre (HURIPEC) at the School of Law, Makerere University. The Journal has since its inception in 1993 remained at the forefront of igniting intellectual and policy debates on contemporary governance and human rights issues in the East African region and beyond. It seeks to provide a platform to scholars, researchers and practitioners in the fields of governance and human rights to disseminate cutting-edge research and share knowledge and experiences.

This call invites students, scholars, researchers, and development practitioners to submit papers for our forthcoming Issue. The papers should highlight recent trends, practices and emerging issues impacting on governance, constitutionalism, human rights and fundamental freedoms, with a view to produce a critical assessment of the same within the region and beyond.

Interested authors should submit their papers electronically to: journal.huripec@mak.ac.ug.

Important Dates:

Submission deadline: 6th September 2024
Notification of the reviewers’ decision: 20th September 2024

Submission Guidelines:

The papers should be submitted as word document, along with abstracts not exceeding 150 words and information pertaining to the author(s) (i.e., name of author, qualifications, profession, workplace/institution of placement, and contact email).

Submissions should be original contributions in the form of articles, comments, case notes, book reviews – all related to important developments on a wide range of issues relating to law, human rights, peace and conflict, and governance.

Articles should be an average length of 10,000 words (i.e., 20 pages). Comments and case notes should normally be shorter, between 4,000 and 6,000 words (i.e., 8-12 pages). Book reviews should be even shorter, at no more than 3,000 words (i.e., 6 pages).

Any enquiries about this call should be sent to journal.huripec@mak.ac.ug.

Zaam Ssali

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