Law
Inaugural Makerere Law Journal Symposium held
The Makerere University School of Law (SoL) held the Inaugural Makerere Law Journal (MLJ) Symposium on 17th June 2022 under the theme, ‘Charting the Course and Diversifying Scholarly Content’. The symposium was held to give opportunity to authors of outstanding papers in recent issues of the MLJ to present their work to the general membership of the Makerere Law Society (MLS) and the public. The symposium was supported by the Public Interest Law Clinic (PILAC), SoL.
The MLJ is a student-edited law journal published by the SoL under the auspices of the law students’ union, MLS. The journal founded in 1971 considers submissions from legal writers, students, and scholars within Uganda and beyond. Quoting the pioneer editor of the MLJ, Daniel Omara Atubo, ‘the journal was intended as a medium for discourse on the immense problems of law’. The submissions may be for education purposes; aimed at causing law reform in the jurisprudence of Uganda or other African jurisdictions on matters of legal doctrine and philosophy; human rights; public policy; governance; economics among others.
Previously, the MLJ was printed annually, however, it is now a free-access online publication that considers, reviews and publishes submissions on a rolling year basis throughout the year. Access issues of the MLJ here: https://makererelawjournal.org/. At the inaugural symposium four papers were presented and interrogated by subject experts. Highlights of the papers are detailed below.
Tukwatanise Hans Rwantangare presented his paper titled, ‘A Case for The Application of the Theory of Deferred Indefeasibility in Uganda as an Instrument to Promote Indefeasibility of Title Under the Registration of Titles Act’. Abstract: The theory of deferred indefeasibility as opposed to immediate indefeasibility is presented as a means to improve security of title today. A comparison is made of the relative merits and demerits of the two theories of deferred and immediate indefeasibility. In so doing, the aim is to reconcile the outdated theory of immediate indefeasibility with the modern legal regime and to preserve its relevance in the prevailing socio-economic situation. In a comparative analysis, other jurisdictions, especially Canada are studied to ascertain how they have evolved their interpretation of the same. Inevitably, indefeasibility, as a concept of real property is analysed considering human rights perspectives as relatively impacted by the two theories.For more about Hans’ paper click: https://makererelawjournal.org/view-publication/35. The paper was discussed by Dr. Rose Nakayi, Senior Lecturer at SoL. Dr. Nakayi is a seasoned expert in land law and rights and an advocate for the reform of the mailo land tenure system.
Fatumah Ramathan-Nabulya presented her paper which had reviewed a case Baryamureeba V Kabakonjo Abwooli. In her review she argued that it was ‘A Win for Women’s Property Rights in Cohabitation’. Abstract: Marriage, especially at its dissolution, tends to be contentious owing to its cross cutting effects on property rights, children custody, spousal maintenance among others. It is more complex when that “union” is not legally recognized. Over 65% of Uganda’s couples are left out under the law because their arrangements are not contracted in accordance with the laws provided for. This potentially subjects women to unequal social laws (patriarchy) usually with no legal remedies. Hence, marriage, due to its overarching effects, can be breeding ground for the entrenchment of gender inequality. This paper reviews a High Court decision through which judicial activism is employed to lessen the plight of cohabiting women. Due to the time they have been in operation, it is often difficult to see our matrimonial laws for what they really are; patriarchal and gender indiscriminate. There is need for Judges to be fully alive to the history of these laws and the debates that led to their passing, to correct the wrongs of history.For more about Fatumah’s paper click: https://makererelawjournal.org/view-publication/23. Dr. Diana Musoke, Senior Lecturer, Islamic University in Uganda and expert on family law discussed the paper.
‘The Human Rights Implications of Uganda’s Borrowing’ paper was presented by Ruth Muhawe. Abstract: The relationship between the sovereign debt of developing countries and the protection of the social rights of citizens in those countries has received considerable analysis from the economic, political and moral perspectives, but relatively little has been written from the legal point of view. Consequently, this paper provides legal insights into the lingering crisis that sovereign debt poses to human rights, with a specific focus on the economy of Uganda. The paper is particularly concerned with examining what Uganda’s debt burden means for the basic observance and enjoyment of human rights by its citizens of both the present and the future.For more about Ruth’s paper click: https://makererelawjournal.org/issues (MLJ 2019 Issue) A constitutional law and international law expert, Dr. Busingye Kabumba, Senior Lecturer at SoL was the discussant of the paper.
A joint paper titled, ‘The Legal Risks of Cryptocurrency On State Sovereignty; A Case Study of Uganda’ was presented by Ntamugabumwe Victor & Joshua Kingdom. Abstract:State sovereignty is conventionally known to mean that all states are equal under Public International Law, the decisive criterion being effective power over territory and people. Indeed, the most rudimentary definition of a state is the organization of power over territory and people within that territory. However, sovereignty today depends much on the state’s monetary independence – the state’s capacity to control the flow of money and currency in their jurisdiction. With the constant evolution of money transactions from Cash to credit and then to crypto, the state must always be ready for each revolution so that sovereignty is kept. Cryptocurrencies work outside the existing legal financial framework and as such avoid the state’s invented structure to control their monetary policies, stability to achieve sovereignty.For more about the paper click: https://makererelawjournal.org/view-publication/17
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.
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.
Law
China-Africa Forum for Law School Deans ends with Partners’ committing to enhanced collaboration
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.
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 – 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.
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:
- 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.
- Expand the scope, enhance effectiveness and impact of the Forum.
- Establish exchange mechanisms to promote cooperation, including joint international conferences and co-publish academic journals.
- Encourage law teachers’ research cooperation among faculty to improve research quality and facilitate mutual visits.
- Promote friendly exchanges among young legal professionals, providing support for their studies and exchanges at partner institutions
- Collaborate of developing educational programmes, including courses on comparative studies of China-African legal systems.
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