Examinations Answer Sheet Trinity 2020/Advent Semester 2021

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COURSE OF EXAMINATION __INTRODUCING LAW

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DATE OF EXAMINATION: January 22nd 2021th – February 5th 2021

NB: No Answer Script shall be accepted after 05th February 2021 midnight
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 1 3 4
Total

LIST QUESTIONS ANSWERED (in their Numeric order)

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 1) John Austin was a legal English theorists who gave opinions based on his legal perspective
mainly providing analytical approach on jurisprudence and a theory of legal positivism . 1He mainly
believed in a written set of laws rather than natural law though he believed natural law could influence
the written law of a society. His theories have been used in implementation of laws across the divide of
the world.

Therefore as shown within Uganda , we can see that the above statement to ascertain his
theories holds a clear sense of validity with Uganda as adduced below in the following essay.

In Uganda we therefore can see visible implementation of his theory since we have seen that
the parliament of Uganda acts as the sovereign to the members and are also elected clearly by the
people hence act as their representatives within the courts of the law. They are handed over the power
invested in them through the people whereby they introduce laws , scrap certain old ones and also
amend this laws as vested to them in the constitution . 2a number of bills includes the anti –
pornography act 2014, computer misuse act 2011,UPDF act 2005 among other laws enacted.

We see also the clear set of laws as shown by the existence of the 1995 Uganda constitution .
the constitution that was promulgated on 8th October 1995 whereby the Ugandan constitutional
commission was tasked in 1988 to make a new constitution that we will serve the will of the people and
also be used to create a just judicial system3. members included former chief justice Benjamin Odoki
Prof Edward Sempabwa former minister Sam Njuba among other distinguished members. 4They were
expected to establish consultative meetings with the citizens of Uganda to establish a reformed
constitution of Uganda as shown by the national objectives and directive principles of State policy .this
objectives include gender balance and fair representation of marginalized groups , 5provision of
adequate resources for organised of government6.

Once the constitution was implemented it brought back the cultural institutions like the
Buganda kingdom , acholi chiefdoms , proper organs and functions of the government organs among
other important terminologies . it mainly emphasised an independent and very just organized judicial
system. As shown whereby it states that judicial power is derived from the people and shall be
exercised by the courts as established by the constitution in the name of the people and in conformity

1
Google search John Austin
2
Article 79 of the Ugandan constitution
3
Wikipedea (constitution of Uganda)
4
Constititution .net .org(photo of the president with members of the Uganda constitutional
commission)
5
Point VI of the poltitical objectives of the Ugandan constitution
6
Point VIII of the poltical objectives of the Uganda constitution

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with law and with the values , norms and aspirations by the people . 7therefore , they have the power
and jurisdiction to implement the laws of Uganda as shown by were by they have the courts like the
supreme court and the high court listen to both criminal and civil suits. Whereby there has been non
compliance to the law they have clearly justified this by punishing the perpetrators as in adherence to
the constitution of Uganda. For example in 2017 a total of 1,114 cases of homicide were persecuted in
the criminal courts of law in 2017.8

Even there has been a clear set of punishments issued in form of the penal code act. we
see that the penal code gives a detailed list of crimes and also gives sentences as provided in the penal
code act. For example a person who procures a miscarriage (abortion ) is a liable to a prison sentence
of seven years. A person who also indulges in treasonable activities is liable to a sentence of life
imprisonment .9

As shown in the penal code the act of theft as a person who fradulently and without claim of
right takes anything capable of being stolen from , or fraudulently converts to the use of any person
other than the general or special owner therefore anything capable of being stolen is staid to steal that
thing .among the items that can be stolen include personal belongings ,cattle money among others. We
can see that the judicial system has strived to implement the penal code for example they have
compensated the people whose cattle has been rustled as shown in the below table .

TYPE OF CATTLE NO.STOLEN RECOVERED NOT RECOVERED

Cattle 11,442 3,996 7,446
Goat 6,874 3,513 3,361
Donkey 2,457 1,075 1,382
Sheep 157 48 109
Pig 1,134 501 633
Total 22,046 9,133 12,931

Table caught from the annual crime report 2019 (based on the cattle stealing trends)

This is in line with the compensation of the stolen commodities . in other cases they have
been able to secure convictions for the guilty .that’s adduced by the fact that 8,684 cases secured

7
Article 126 of the Ugandan constitution
8
www.Ubos .org (number of cases reported investigated and prosecuted by category 2013
2107)
9
The penal code act

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convictions . 10this includes Geofrey Kazinda , the former principal accountant in the Office of the
Prime Minister was found guilty on three counts of forgery , accumulating abnormal wealth (illicit
enrichment) and financial loss by justice tibulya which earned a prison sentence of fifteen years.
1112
Another case involved is that Obua Polycap and another vs Uganda (criminal session no.0454
whereby the accused was found guilty of paticpating in aggravated robbery contrary pt section 286(2)
and 285 of the penal code act 120. The police have also dealt with a number of criminal gangs that
were dealing with armed robberies and theft from homes nkuruziza sam criminal gang which
comprised of three members and robbed approximately 16 million Uganda shillings . they also captured
the mwebaze kakuru gang.13

Also the prosecution of people who commit acts like murder and manslaughter help to prove
they said theory that is mentioned in the question above. Murder is the killing unlawfully of a person
with premeditation 14while manslaughter is the crime of killing a human being without malice
aforethought , or in a circumstance not amounting to murder15. this is also known as homicide and has
been thoroughly dealt with the persecution being able to pursue a number of guilty people and led to
their eventual sentencing. For example IN Uganda vs kamau(HCT-00-CR-SC-0077 of 2012 ) (2013) Ughcrd
20 (29 april 2013), ht e accused were convicted of murder according to the penal code section of 188
and 189 of the penal code act whereby the were involved in aggravatedly robbing and killing a on
Nagire Robert . they were both given the sentence of life imprisonment . another case is that of Uganda
vs Kuteruma (HCT –04 –CR –SC -0017) (214) ughcrd 15922 January 2014) where they accused also found
guilty of murder by justice kaweesa .

They also sexual defenders who have be persecuted on this legal theory of john Austin. This is
shown by a number of people who were arrested on sexual offences for example people who were
arrested on defilement(this is unlawful sexual intercourse with the person who is below the age of
eighteen years ) 16have been seen to be imprisoned .its seen that 1,021 cases were convicted in 2019 on
the count of defilement. 17For instance orem Nicholas alias junior was found guilty of the aggravated
defilement of an eleven year old girl Nangiya Juliet .another case is that of Uganda vs Okumu (criminal

10
The annual crime report 2019(number of theft cases that were persecuted in 2019)
11
Observer ug. 6th novmeber 2020(kazinda sentenced to fifteen years)
12
The annual crime report 2019( criminal gang syndicates) Observer ug. 6th novmeber
2020(kazinda sentenced to fifteen years)
13
Google definition of murder) The annual crime report 2019( criminal gang syndicates)
14
Google (definition of manslaughter) Google definition of murder)
15
The penal code act (Google (definition of manslaughter)
16
The penal code act
17
The penal code act(defilement sub section)

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sessions case no. 0029 of 2018) UGHCRD 119 (17 MAY 2018) whereby Okumu Joseph is sentenced to 12
years and four month for the defilement of Akumu Patricia , a girl below the age of fourteen years in
zombo district.

Corruption crackdown also supports this theorem. corruption is a form of dishonesty or

criminal offense undertaken by a person or organization as entrusted with a position of authority , to
acquire illicit benefit or abuse for ones private gain. 18corruption has become a huge problem as shown
a to the Ugandan public sector with the main form of corruption being the embezzlement of public
funds and the continous bribery of public officials for instance its claimed out of the convicted 100
people by 2019 , 70 billion shillings of the stolen money has been ordered to be returned back .we are
ranked 137 the out of 167 countries where perception of widespread corruption is tallied according to
perception. 19however a commendable fight has been put up by the inspector general of government
Irene Mulayagonja and even the president has gone to institute an new state house anti corruption unit
led by col. Judith Nakalema. We can see in the above prior conviction of Geofrey kazinda whereby the
accused earned a grossly monthly income of 84 million but had assets amassing to over 3 billion
Ugandan shillings . another case is that of Uganda vs Jimmmy lwamafa and three others (criminal
session no .0003 of 2016), whereby the accused parties involved were accused of embezzling up to 88
billion Ugandan shillings of the NSSF fund . they received sentences tuning up to sixteen years for their
involvement in the corruption scandal . thus we see clear crackdown on corruption as an adverse
consequence to non compliance to the anti corruption act Uganda.

However the statements applicability also has its criticism in applicability towards the
Ugandan judicial system . we see that the ratio of cases reported and tried in the courts of law to the
extent of prosecution of the alleged criminals is very minimal. That means there a number of accused
to people who may have actually committed the crime that may go scotch free due to a loophole in the
judicial system. For example ,out of 4,605 cases of homicide in 2014 in Uganda only 2421 cases were
investigated while only 1478 of this cases were persecuted to the full extent of the law . 20thus denting
the validity of the above statement to the Ugandan law.

We can see there is also a huge backlog of cases with the Ugandan judicial system. Their are
many cases that have remained under a trial for a long period of time yet the people remain crowded
within the Ugandan prisons since they continue being remanded. This creates a huge problem since
delayed justice is also an injustice to the people who are involved within the case. It also contravenes
the right people have to speedy trial within the courts of Uganda . it also leads to a number of people

18
Google (corruption definition)
19
The trasperancy index.org(uganda)
20
www.ubos.org(homicides reported , investigated and persecuted in 2014)

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being kept with the ugandan prisons yet they might be innocent .this is shown by the growth of cased
backlog to 36,009 cases in 2019 . that was an increase by a percentage of 88% in the previous two years
21
.thus in contradiction of the said above statement by john austin in relation to the Ugandan judicial
system.

There is a also a selective way of implementing the laws by the bodies . accordingly some
people don’t seem to be prosecuted due to the status or their political affiliations within Uganda. for
example a plethora of celebrities like zari Hassan ,desire luzinda have been see to break the anti
pornography laws but up to now very few people have been indicted on the very law.

However irrespective of the above issues we see that john austins statement is validated in
the Ugandan judicial system since there is a clear set of rules and there being clear results shown when
this said laws are broken shown by the fact of the convictions secured in the Ugandan courts therefore
acts as validation.

4) a) the formation of law is the prerogative of the Ugandan parliament 22. the law is
supposed to go through a number of processes to be issued in the constitution .the first one is drafting
of the bill(is the draft piece of proposed legislation presented to the house for discussion before being
made a law). There two types of bills namely the government bill moved by members of the
government and the private members bill which can be moved by any other members of parliament
.you have to acquire a letter of financial implication form the ministry of finance and a letter of legal
implications .

After that the bill is tabled , its sent to parliament for the first reading whereby the members
of parliament get proper chance to fully understand the provisions of the said bill. this done with
assistance from the clerk under rule 108.the bill then proceeds to the appropriate committee for
analysis before the second reading .

The committee should then move to make research , consulations and also debate about the
bill being tabled. For example the legal and parliamentary committee under Honourable Jacob oboth
oboth carried out various consultations from stakeholders in order to amend article 102(b) of the
constitution to lift the age limit. 23they are given the time frame of forty five days to deliberate on the
bill before returning the bill to parliament with their submissions .

Then the second reading goes on being introduced by either a government official or the
private member who introduced the said bill. here the parliament is expected to carry out a thorough

21
www.independent .co.ug(lockdown to increase case baclog)
22
Article 79 of the Ugandan consitution
23
The independent December 10 2017

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debate on the bills principles , law applicability and the consequences of the bill that is tabled on the
floor of parliament .the committee also gets chance to present their findings in form of those who have
overwhelming decided on one side of the bill issuing the majority report and the lesser side making up
the minority report.

After the submission from the commission , the representatives then scrutinize the bill clause
by clause whereby the go ahead to dismiss ,approve and amend the clauses as the bill is still on the
floor of the parliament. the speaker then assumes precedence over the parliament for their to be a
vote to pass the bill.24

NB; the parliament is supposed to have a said quorum which is a third of the total members of
parliament estimated at 125 representative. That’s why the anti homosexuality act was removed after
court found that the government lacked the necessary quorum.

After the vote is done and the bill is passed , the parliament then reads it for a third time in
order to affirm the bill in question . the parliament then forwards the bill to the president in order for
the bill to either being assented to or vetoed by the president of Uganda . for example , the president
assented to the administration of Judiciary bill 2018, which allows eh judges and justices to retire
before the mandatory age of retirement in Uganda .

NB;

REFERENCES:

www.ug parliament .org(what it takes to make a bill)

www.parliament watch.org

b)The anti pornography act 2014

this act was brought to the parliamentary floor by the state minister for ethics and integrity ,
father sam lokodo. he claimed that pornography had become a serious vice among the citizens of
Uganda and therefore this should be curbed down through a law punishing this people who perform the
sexual deviation. However the law stirred some controversy when fr. Lokodo called for the prohibiting
of the dressing of the mini skirt since it was deemed as seduction hence a form of pornography to the
people of Uganda. The bill was first presented on the floor of parliament . the law was enacted in 2014
after president museveni assented to the said bill.

24
The parliament rules act

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 The articles include a registration of people who are seen to have been found guilty of
watching pornography under article 24 of the anti pornography act 2014 whereby the evidence used to
convict the offenders shall also be kept in the archives of registration . also in article 17, it shows that
any internet service provider(ISP) who doesn’t regulate and allows the distribution of pornographic
material is liable to jail sentence of five years in prison. So far not many people have been convicted on
the case so far a few have been reprimanded like Lillian rukundo , a ucu student who has been
reprimanded on the act.

The computer misuse act 2011

This act was introduced in order to take stock of the crimes which occur on computers and
any other appliances that people go ahead to use this to commit crimes . this crimes include theft ,
cyber harassment among other.

This act was created to ensure that there is safety and free usage of the information systems
allocated. The articles include for instance article 25 which indicates that any person who willfully and
repeatedly uses electronic communication or to disturb the peace the quiet and the right to privacy of
any person with no purpose of legitimate communication is whether or not a conversation ensues
commits a misdemeanor and is liable to a fine not exceeding twenty currency points and five years
imprisonment.

We can also see there has been implementation of article 26 that speaks about cyber stalking
for example brian isiko was YMCA student was convicted of cyber stalking an outgoing member of
parliament Sylvia rwabogo.

The anti corruption act 2009

This is an act as sated that was introduced for the effectual prevention of corrruption in both
the public and the private sector , to repel and replace the prevention of corruption act 1990 to
consequently amend the penal code act , the leadership act and to provide for other related acts.

This was an upgrade to the 1990 corruption act since corruption had become very rampant
within the country. This was also made to provide for new provisions inorder to tighten the grip on
corrupt people . the clauses include article 2 that details the examples of corruption and a how its
done by some people .notable convicts on the corruption act 2009 include geofrey kazinda mwafunzi
obey among many other criminals .

4 a)alternative dispute resolution(ADR) is the procedure for settling disputes without

litigation . this are believed to be more expeditiously less straining than the procedure of going court

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.this seems the new trend that the courts of law are now adopting this ADR methods which include the
action of arbitration , meditation and negotiation .

Instead of the alternatives of going out to the courts of law and filing a suit you can go ahead
and iron out the differences you have with the alleged other party whom your aggrieved with. However
alternative dispute resolution doesn’t apply to a number of ADR ways most especially criminal cases like
murder , rape among others.

Arbitration is a procedure in which a dispute is submitted ,by an agreement of the parities ,

to one or more arbitrators who make a binding decision on the dispute.25 This a point whereby in order
to settle a dispute between two warring parties ,they hire a person who is well conversant and trained
in the techniques of ADR . The person should maintain the neutrality during the mentioning of the said
case. This is whereby the courts of law can a maintain the need to arbitrate instead of involving
yourselves of cases that involve arbitration.

There are a number of laws that facilitate the occurrence of arbitration in the constitution
forexample the arbitration and conciliatory act section 3 provides out the agreement of arbitration
should be carried out for example the agreement shall be in writing and the agreement shall be signed
by both parties. section 9 also provides for the extent of with court shall be involved in arbitration
while section 11 shows how an arbitrator shall be hired .

Cases where an arbitrator has been used include donatk agencies limited vs nakasero
hospital limited( CAD / ARB 57 /2017)(2018 ) .

The other is conciliation . in conciliation the third party is there between the two warring
parties but his aim is to resolve the on going dispute between them by providing a reasonable solution
but has no action to go ahead and implement it . this person who involves themselves in the
conciliatory meetings should also prove themselves to be impartial and should also go ahead to be
independent from the two parties involved .

The basics within conciliation are as provided as follows

a) The party initiating the proceedings sends to the other party a written invitation for
conciliation which is only initiated in the if the other party accepts the invitation to
the same by replying in 21 days.
b) Similar to arbitration , the proceedings will need a conciliator.

25
www.wipo ( what is arbitration)

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 c) Each party that submits to the conciliator a brief written statement describing the
general nature the disputes at the issue .26
d) Once elements of settlement surface during the course of the proceedings the
conciliator .
e) The settlement agreement also saves the same status as the one formed in arbitration.

Mediation . this is the third application of alternative dispute resolution within the allowed
perimeter if the law meditation is esentially a negotiation facilitated by a neutral third party . however
unlike arbitration and conciliation, here the neutral third party doesn’t involve themselves in the
ongoing court process. 27They can just go ahead to select a few options whereby the antagonistic
sides get chance to choose which option the find best for them .

This is a great method of ADR since the agreement is reached on the basis that both sides
chose the solution of the problem they want to solve outside of court. therefore basically are the ones
that reach the consensus for a agreement without the involvement of the mediator whose just there to
ensure that the meditation goes on peacefully.

b)this is due to the fact that not all crimes can be solved by the ADR methods that have been
applied on certain acts . ADR can only be used in settling cases that involve disputes. That means ADR
methods are therefore inapplicable when you are dealing with cases like treason murder corruption
hence the backlog of cases in uganda .

there are not so many people that are well conversant with the ADR methods that are being
applied within uganda. There are ignorant of the fact that there are other methods aside from always
going to court and presenting their cases instead of maybe going

26
Sections in the arbitrate and conciliation act
27
www. Find law.com (what is meditation)

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