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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

Mark Wamai

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Makerere hosts Chief Justices of Zambia and Uganda

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Hon. Justice Dr. Mumba Malila (L) and Hon. Justice Dr. Flavian Zeija enjoy a warm moment at the Makerere@100 Monument on 15th June 2026, Makerere University, Kampala Uganda, East Africa. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.

Makerere University School of Law has hosted the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila, who paid a courtesy call on 15th June 2026 during his official visit to Uganda to assume leadership of the African Chief Justices’ Forum on Alternative Dispute Resolution (ADR).

Justice Malila was accompanied by the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija, and a delegation from Zambian Judiciary. During the visit, the Zambian Chief Justice engaged with faculty members and students at School of Law and later paid a courtesy call on the Vice Chancellor, represented by the Deputy Vice Chancellor in charge of Finance and Administration, Prof. Henry Alinaitwe.

Justice Malila’s visit to Uganda followed his succession of retired Chief Justice Alfonse Owiny-Dollo of Uganda, who was founding Chairperson of the African Chief Justices’ ADR Forum. The Forum’s Secretariat is based in Kampala, making Uganda the venue for the formal handover of leadership and instruments of authority.

Prof. Henry Alinaitwe (2nd R) poses for a group photo with the dignitaries at the Main Building Entrance. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.
Prof. Henry Alinaitwe (2nd R) poses for a group photo with the dignitaries at the Main Building Entrance.

Welcoming the delegation to Makerere, the Dean of the School of Law, Prof. Ronald Naluwairo, congratulated Justice Malila on assuming the continental leadership role and pledged the School’s support towards advancing Alternative Dispute Resolution across Africa.

“As the premier Law School in Uganda, we appreciate the importance of ADR in promoting access to justice, expediting the resolution of disputes and enhancing social harmony,” Prof. Naluwairo said. He noted that ADR is now taught as a standalone course in the Bachelor of Laws programme and remains an important area of research within the School.

The Dean also emphasized the need for stronger collaboration between legal academia and the judiciary, proposing formal partnerships between Makerere University School of Law, the Judiciary of Uganda and institutions in Zambia.

Hon. Justice Dr. Malila (3rd L) and Hon. Justice Dr. Zeija (C) during the courtesy call on the Dean SoL-Prof. Ronald Naluwairo (3rd R) in the company of Deputy Dean SoL-Dr. Zahara Nampewo (2nd R), Executive	Director, Judiciary Training Institute (JTI)-Hon.	Justice Prof. Andrew Khaukha (L) and other officials. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.
Hon. Justice Dr. Malila (3rd L) and Hon. Justice Dr. Zeija (C) during the courtesy call on the Dean SoL-Prof. Ronald Naluwairo (3rd R) in the company of Deputy Dean SoL-Dr. Zahara Nampewo (2nd R), Executive Director, Judiciary Training Institute (JTI)-Hon. Justice Prof. Andrew Khaukha (L) and other officials.

In his remarks, Chief Justice Zeija described the visit as a homecoming, recalling his days as a student at Makerere University‘s School of Law. He praised the School for introducing ADR as a standalone course, observing that during his legal training, dispute resolution was largely taught through the lens of litigation.

“Academia plays a critical role in enriching jurisprudence within the judiciary,” Justice Zeija said, citing the contribution of legal scholars to landmark cases and judicial training programmes. He revealed that the Judiciary had already initiated discussions on formalizing collaboration with the School of Law through a Memorandum of Understanding.

Prof. Henry Alinaitwe hands over Makerere Souvenirs to Hon. Justice Dr. Malila (R) as Hon. Justice Dr. Zeija (C) witnesses. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.
Prof. Henry Alinaitwe hands over Makerere Souvenirs to Hon. Justice Dr. Malila (R) as Hon. Justice Dr. Zeija (C) witnesses.

Justice Malila, who spent many years teaching at the University of Zambia before joining the judiciary, reflected on the enduring influence of academic life and the pride lecturers feel when they see former students excel in their professions.

“I spent a long time teaching in a law school, and once you have lived the academic life, you always feel a strong connection to universities,” he said.

The Zambian Chief Justice spoke warmly about Makerere University‘s longstanding reputation as one of Africa’s leading institutions of higher learning. Recalling debates from his student days about the “Oxford of Africa,” he said Makerere‘s reputation had been built on decades of academic excellence and the outstanding achievements of its graduates across the continent.

Hon. Justice Dr. Malila (L) receives SoL Souvenirs from Prof. Naluwairo (R) as Dr. Nampewo (C) witnesses. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.
Hon. Justice Dr. Malila (L) receives SoL Souvenirs from Prof. Naluwairo (R) as Dr. Nampewo (C) witnesses.

Makerere possesses the history, reputation, goodwill and intellectual heritage that command respect throughout Africa,” he remarked, urging the University community to continue safeguarding and strengthening its standards.

Justice Malila welcomed Makerere‘s decision to teach ADR as a standalone discipline, describing it as a significant contribution to the Forum’s efforts to promote alternative dispute resolution across Africa.

“One of the objectives of the African Chief Justices’ ADR Forum is to engage universities and colleges in disseminating knowledge and appreciation of ADR. We hope to reach a point where students can enroll specifically to study ADR and graduate as professional ADR practitioners,” he said.

He noted that many legal systems continue to focus heavily on adversarial litigation and stressed the need to prepare future legal professionals for alternative approaches to resolving disputes.

The dignitaries pose for a group photo at the Makerere@100 Monument. Courtesy Visit of the Chief Justice of the Republic of Zambia, Hon. Justice Dr. Mumba Malila and the Chief Justice of Uganda, Hon. Justice Dr. Flavian Zeija on sidelines of the African Chief Justices' Forum on Alternative Dispute Resolution (ADR) leadership handover ceremony, 16th June 2026, Makerere University, Kampala Uganda.
The dignitaries pose for a group photo at the Makerere@100 Monument.

The visit also highlighted the deep historical ties between Makerere University and the legal profession across Africa. During the interaction, Justice Malila revealed that his first academic journal article was published in the East African Journal of Peace and Human Rights following encouragement from a Makerere academic, giving him a personal connection to the University.

At the conclusion of the visit, both Chief Justices emphasized the importance of strengthening partnerships between universities and judiciaries in advancing legal scholarship, judicial training and access to justice.

The delegation later paid a courtesy call on Makerere University‘s Vice Chancellor, Prof. Barnabas Nawangwe, represented by the Deputy Vice Chancellor in charge of Finance and Administration, where discussions focused on strengthening academic and professional collaboration between institutions in Uganda and Zambia. The visit reinforced Makerere University School of Law’s position as a leading centre for legal education and research in Africa and underscored the growing role of universities in promoting Alternative Dispute Resolution as an important pillar of access to justice on the continent.

Betty Kyakuwa
Betty Kyakuwa

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13th Edition of the CLE Moot Competition

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L-R: The presiding judges - Hon Justice Isa Serunkuma, Hon. Lady Justice Jane Okuo Kajuga, Hon Lady Justice Alice Komuhangi Khauka with Mayanja Owen who was named the best oralist at the moot competition. Public Interest Law (PILAC) 13th Clinical Legal Education (CLE) Moot 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, 14th May 2026, in the Makerere University School of Law (SoL) Moot Court Room, Kampala Uganda, East Africa.

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. Public Interest Law (PILAC) 13th Clinical Legal Education (CLE) Moot 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, 14th May 2026, in the Makerere University School of Law (SoL) Moot Court Room, Kampala Uganda, East Africa.
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.

Zaam Ssali
Zaam Ssali

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Admission List for Bachelor of Laws under Government Sponsorship 2026/27

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The Office of the Academic Registrar, Makerere University has released admission lists for students admitted to the Bachelor of Laws under Government Sponsorship for the Academic Year 2026/2027.

Please note that the list below contains those who were admitted under the Direct (A’ Level Leavers), Diploma, and Mature Age Entry Schemes.

The admission list is shown below:

Related:

Pre-entry Examination Results for Admission to Bachelor of Laws 2026/2027

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