The Constitutional Court has ruled that the 1993 law which restituted and restored traditional institutions in Uganda doesn’t violate the constitution as has been alleged by different people including state minister for lands Sam Mayanja.
The ruling arose from a constitutional petition number 9 filed by prince Kalemeera Kimera, a grandson of Daudi chwa II where he wanted court to nullify the 1993 traditional rulers’ restitution law, asserting that the law had unconstitutionally vested properties of the late Kabaka Daudi Chwa II to which he is a beneficiary into the Kabaka of Buganda, depriving him of his property rights.
Prince Kalemeera argued that the law was unconstitutional as it contravened articles 26 and 21 which guarantee the right to own property and protection from compulsory deprivation or right over property.
The petitioner wanted court to declare that sections 2 and 3 of the traditional rulers’ act are inconsistent with articles 2, 21,26, 246(3)(a) and (b) of the constitution and are to the extent void.
The prince also in his petition wanted court to award him and other beneficiaries of the late sir Daudi Chwa II USD 60 million as compensation for what he called deprivation of their property.
In judgement, a panel of three justices of the Constitutional Court including Richard Buteera, Catherine Bamugemereire, Mutangula Kibeedi, Irene Mulyagonja and Oscar Kihika ruled that the petition of Prince Kalemeera was incompetent as the sections of the 1993 law it sought to annul were not unconstitutional.
It therefore dismissed the petition with costs to the Kabaka of Buganda and the Attorney General of Uganda.
In the petition, the Kabaka of Buganda was represented by lawyers from K&K advocates.
Commenting on the court’s ruling, the Attorney General of Buganda , Christopher Bwanika welcomed the development.
He said that the ruling will go a long way to ward off people who have made it a habit to sue the Kabaka of Buganda alleging to own his property.
He said that the ruling clearly showed that the 1993 law is constitutional and that the returning of properties to the Kabaka was rightly done.
The Buganda Attorney General warned people to stop wasting Kabaka’s time and resources in court since his time and resources would be better utilized in serving the people of Buganda.
Denis Bugaya, the spokesperson of Buganda Land Board reechoed similar sentiments against people dragging the Kabaka to court on flimsy grounds.
He noted that the kingdom will not have mercy on them as it recovers its costs whenever it wins against them in court.
