UGANDA, Makerere | Real Muloodi News | In a significant ruling, the constitutional court in Kampala has affirmed the constitutionality of the 1993 law that restituted and restored traditional institutions in Uganda, specifically addressing concerns regarding the properties of the late Kabaka Daudi Chwa II.
The ruling, issued on Wednesday, 13th February 2024 , emerged from a constitutional petition number 9 brought forward by Prince Kalemeera Kimera, a descendant of Daudi Chwa II, challenging the legality of the Traditional Rulers’ Restitution Law.
Prince Kalemeera sought to nullify the law, alleging that it unlawfully transferred properties of the late Kabaka to the current Kabaka of Buganda, thus infringing upon his property rights as a beneficiary.
In his petition, Prince Kalemeera argued that the law violated constitutional provisions safeguarding the right to own property and protection from compulsory deprivation.
Specifically citing articles 26 and 21 of the constitution, he contested the legality of sections 2 and 3 of the Traditional Rulers’ Act, urging the court to declare them inconsistent with constitutional provisions and void.
Additionally, he sought compensation of USD 60 million for the alleged deprivation of property rights.
However, the constitutional court judges, led by Justice Richard Buteera and including Catherine Bamugemereire, Mutangula Kibeedi, Irene Mulyagonja, and Oscar Kihika, unanimously ruled that Prince Kalemeera’s petition lacked merit.
They determined that the sections of the 1993 law challenged by the petitioner were not unconstitutional, thus dismissing the petition and awarding costs to the Kabaka of Buganda and the Attorney General of Buganda.
Responding to the court’s decision, Buganda Kingdom’s Attorney General, Owek. Christopher Bwanika hailed the ruling as a validation of the constitutionality of the 1993 law.
He emphasised that the restitution of properties to the Kabaka was lawfully executed and cautioned against frivolous lawsuits targeting the Kabaka, urging individuals to desist from such actions and redirect efforts towards serving the people of Buganda.
Echoing Bwanika’s sentiments, Owek. Denis Bugaya, the spokesperson of Buganda Land Board (BLB), underscored the kingdom’s resolve to defend itself against baseless legal challenges.
He warned individuals against dragging the Kabaka to court on unfounded grounds, emphasising that the kingdom would seek reimbursement of legal costs when prevailing in court proceedings.
Counsel Usaama Ssebuufu from K&K Advocates, representing the Kabaka in the petition, expressed gratitude for the court’s ruling, acknowledging the collaborative efforts of legal teams involved in securing the landmark decision.
The Buganda Kingdom commended the diligent work of K&K Advocates, the Buganda Royal Chambers, and the legal department of the Buganda Land Board throughout the legal process culminating in a favourable outcome.
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