A long-running leadership dispute within the Bugisu cultural institution has come to an end after rival factions reached a court-mediated settlement, clearing the way for a legally binding consent judgment that resolves eight civil suits challenging the leadership of Umukuka III Jude Mike Mudoma.
The breakthrough followed two days of intensive mediation at the High Court in Mbale, led by Deputy Chief Justice Emeritus Richard Butera.
The mediation panel also comprised Solicitor General Emeritus Francis Atoke, Uganda Law Society President Emeritus Francis Gimara, and the Head of Alternative Dispute Resolution and Director of the Judicial Training Institute, Prof. Andrew Khaukha.
The settlement, signed by all parties, will become legally enforceable once adopted by the court as a consent judgment.
While presenting the draft consent judgment, Prof. Khaukha explained that the agreement would become binding on all parties once endorsed by the court.
"This is a consent judgment. If all the parties sign it, it is going to be a court judgment. It is enforceable in rem... enforceable against all parties in the whole world," he said.
The agreement settles the core issues that have fuelled years of litigation over the leadership of Inzu Ya Masaba.
Under its terms, Umukuka III Jude Mike Mudoma will remain the recognised cultural leader and complete his current term running from July 26, 2023, to July 25, 2028.
The parties also agreed to restore the traditional five-year rotational leadership system among the three founding clans of Wanale, Mubuya and Mwambu. Upon the expiry of Mudoma's term, leadership will rotate to the Wanale clan in line with the restored constitutional arrangement.
The settlement further reinstates the April 29, 2011 Constitution of Inzu Ya Masaba, which will later undergo a comprehensive consultative review involving key stakeholders.
Any proposed amendments will be considered by the appropriate constitutional organ before being submitted to the Minister of Gender, Labour and Social Development for gazettement.
As part of the agreement, all pending court cases related to the leadership dispute will be withdrawn, with each party bearing its own legal costs.
After the draft consent judgment was agreed upon, advocates and their clients signed every page of the document before it was scheduled for presentation to court for formal adoption.
Addressing the parties after the agreement was reached, Butera described the settlement as more than a legal victory, saying it marked the beginning of reconciliation within the Bugisu community.
He thanked the parties for embracing mediation despite the dispute having persisted for years, noting that the conflict had affected the wider community.
"What we have done and agreed upon is an effort in the restoration of relationships within the community, creating peace and harmony so that we continue to live as one community," Butera said.
He urged the parties to use the agreement as a foundation for the future.
"The solutions we have found are the basis for moving into the future and leaving the dispute in the past. The way forward is peaceful coexistence, peace and harmony," he added.
Butera said the withdrawal of all court cases demonstrated the value of mediation by allowing the parties to craft their own solution instead of having one imposed through litigation.
"Mediation has provided an opportunity for you to find a solution for yourselves. That has empowered you to own your case and find a way of resolving it," he said.
The settlement is regarded as one of the Judiciary's most significant successes in the use of Alternative Dispute Resolution to resolve a complex and long-standing cultural dispute.
The leadership wrangle had spawned more than eight court cases and divided the Bugisu community over competing interpretations of the Inzu Ya Masaba Constitution, the rotational leadership arrangement and the legal status of Umukuka Jude Mike Mudoma's tenure.
With the consent judgment now set for court adoption, the agreement is expected to bring an end to years of uncertainty while providing a framework for peaceful leadership transitions and constitutional reforms within Inzu Ya Masaba.
