Illiterates Protection Act

Interpretation

In this Act "currency point" has the value assigned to it in Schedule 1 to this Act;

"document" means any print or writing capable of being used as evidence of any fact or thing as against the person by, for or at the request, or on behalf or in the name of whom the same purports to be written or signed in any way;

"illiterate" means, in relation to any document, a person who is unable to read and understand the script or language in which the document is written or printed.

Section analysis 2 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act "currency point" has the value assigned to it in Schedule 1 to this Act;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

"document" means any print or writing capable of being used as evidence of any fact or thing as against the person by, for or at the request, or on behalf or in the name of whom the same purports to be written or signed in any way;
"illiterate" means, in relation to any document, a person who is unable to read and understand the script or language in which the document is written or printed.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

6

High Court — persuasive authority ✓ Source matched

An illiterate person is defined under Section 1 of the Illiterates Protection Act to mean, "in relation to a document" a person who is unable to read and understand the script or language in which the document is written or printed.

Nalongo_Kiwanuka_and_4_Others_v_Read_International_Organization_and_2_Others_(Miscellaneous_Application_No._2747_of_2024)_[2025]_UGHCLD_236_(24_June_2025)

[2025] UGHCLD 236 · High Court · 2025-06-24

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

However, Section 1 of the Illiterates Protection Act provides that the term "illiterate" means in relation to any document, a person who is unable to read and understand the script or language in which the document is printed.

Uganda v Kule Joseph and Others (Criminal Sessions Case 129 of 2024) [2025] UGHC 391 (15 May 2025)

[2025] UGHC 391 · High Court · 2025-05-15

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Verification of signature of illiterates

No person shall write the name of an illiterate by way of signature to any document unless such illiterate shall have first appended his or her mark to it; and any person who so writes the name of the illiterate shall also write on the document his or her own true and full name and address as witness, and his or her so doing shall imply a statement that he or she wrote the name of the illiterate by way of signature after the illiterate had appended his or her mark, and that he or she was instructed so to write by the illiterate and that prior to the illiterate appending his or her mark, the document was read over and explained to the illiterate

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Verification of signature of illiterates”.

“No person shall write the name of an illiterate by way of signature to any document unless such illiterate shall have first appended his or her mark to it; and any person who so writes the name of the illiterate shall also write on the document his or her own true and full name and address as witness, and his or her so doing shall imply a statement that he or she wrote the name of the illiterate by way of signature after the illiterate had appended his or her mark, and that he or she was instructed so to write by…”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

No person shall write the name of an illiterate by way of signature to any document unless such illiterate shall have first appended his or her mark to it; and any person who so writes the name of the illiterate shall also write on the document his or her own true and full name and address as witness, and his or her so doing shall imply a statement that he or she wrote the name of the illiterate by way of signature after the illiterate had appended his or her mark, and that he or she was instructed so to write by the illiterate and that prior to the illiterate appending his or her mark, the document was read over and explained to the illiterate

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

34

Appellate court — binding on lower courts ✓ Source matched

He argued that the seventeen afhdavits did not comply with section 2 and 3 of the Illiterates Protection Act. This was because matters required to be complied with must be evident on the face of the 20 document.

Mujungu Jennifer K v Tumwine Anne Mary and Another (Election Petition Appeal No. 77 of 2021) [2022] UGCA 196 (28 July 2022)

[2022] UGCA 196 · Court of Appeal · 2022-07-28

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

30 In short, the appellant argued, the will complied with the provisions of Section 47 of the Succession Act, prior to the amendment, as stated above. The appellants contested the learned Trial Magistrate's strict application of Sections 2 and 3 of the Illiterates Protection Act, which require attestation.

Nguge Richard and Others v Tumushiime Sam and Nkurunziza Kenneth (Civil Appeal No. 17 of 2023) [2025] UGHC 486 (8 July 2025)

[2025] UGHC 486 · High Court · 2025-07-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Section 2 of the Illiterates Protection Act, states that; "No person shall write the name of an illiterate by way of signature to any document unless such illiterate shall have first appended his or her mark to it; and any person who so writes the name of the illiterate shall also write on the document his or her own true and full name and address as witness, and his or her so doing shall imply a statement that he or she wrote the name of the illiterate by way of signature after the illiterate had appended his or her mark, and that he or

Nalongo_Kiwanuka_and_4_Others_v_Read_International_Organization_and_2_Others_(Miscellaneous_Application_No._2747_of_2024)_[2025]_UGHCLD_236_(24_June_2025)

[2025] UGHCLD 236 · High Court · 2025-06-24

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Verification of documents written for illiterates

Any person who writes any document for or at the request, on behalf or in the name of any illiterate shall also write on the document his or her own true and full name as the writer of the document and his or her true and full address, and his or her so doing shall imply a statement that he or she was instructed to write the document by the person for whom it purports to have been written and that it fully and correctly represents his or her instructions and was read over and explained to him or her

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Verification of documents written for illiterates”.

“Any person who writes any document for or at the request, on behalf or in the name of any illiterate shall also write on the document his or her own true and full name as the writer of the document and his or her true and full address, and his or her so doing shall imply a statement that he or she was instructed to write the document by the person for whom it purports to have been written and that it fully and correctly represents his or her instructions and was read over and explained to him or her”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Any person who writes any document for or at the request, on behalf or in the name of any illiterate shall also write on the document his or her own true and full name as the writer of the document and his or her true and full address, and his or her so doing shall imply a statement that he or she was instructed to write the document by the person for whom it purports to have been written and that it fully and correctly represents his or her instructions and was read over and explained to him or her

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

78

Appellate court — binding on lower courts ✓ Source matched

He argued that the seventeen afhdavits did not comply with section 2 and 3 of the Illiterates Protection Act. This was because matters required to be complied with must be evident on the face of the 20 document.

Mujungu Jennifer K v Tumwine Anne Mary and Another (Election Petition Appeal No. 77 of 2021) [2022] UGCA 196 (28 July 2022)

[2022] UGCA 196 · Court of Appeal · 2022-07-28

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched

He cited Section 3 of the Illiterates Protection Act, Cap 78 of the 25 Laws of Uganda, which requires any person who writes ■fidavit

Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 16 of 2016) [2018] UGCA 259 (22 March 2018)

[2018] UGCA 259 · Court of Appeal · 2018-03-22

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Section 3 of the Illiterates Protection Act Cap 288 provides that any person who writes a document for or at the request of an illiterate person shall write on the document his or her true and full name and address as writer thereof, failing which it shall be implied that the document was written on the instructions of the person for whom it purports to have been written and was read over and correctly represents his or her instructions.

Tsama William and Others v Attorney General and Others [2026] UGHC 768 (23 June 2026)

[2026] UGHC 768 · High Court · 2026-06-23

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Offence and penalty

If the writer of or witness to the signature on any document fails to write on the document his or her true and full name and address as provided in section 2 or 3 , or if he or she has done so and the statement which under this Act is implied by the writing is untrue in any particular, then and in every such case the person commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points, or in default of payment to imprisonment for a term not exceeding three months, but without prejudice to any criminal or civil liability which he or she may have incurred in the circumstances by reason of fraud, forgery, misrepresentation or otherwise

Section analysis 2 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Offence and penalty”.

“If the writer of or witness to the signature on any document fails to write on the document his or her true and full name and address as provided in section 2 or 3, or if he or she has done so and the statement which under this Act is implied by the writing is untrue in any particular, then and in every such case the person commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points, or in default of payment to imprisonment for a term not exceeding three months, but…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

If the writer of or witness to the signature on any document fails to write on the document his or her true and full name and address as provided in section 2 or 3, or if he or she has done so and the statement which under this Act is implied by the writing is untrue in any particular, then and in every such case the person commits an offence and is liable, on conviction, to a fine not exceeding one hundred fifty currency points, or in default of payment to imprisonment for a term not exceeding three months, but without prejudice to any criminal or civil liability which he or she may have incurred in the circumstances by reason of fraud, forgery, misrepresentation or otherwise

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

12

High Court — persuasive authority ✓ Source matched

Further, that Section 4 of the Illiterates Protection Act provides that:-

Kyewalyanga Properties Limited v Kigongo (Land Civil Suit 1 of 2017) [2023] UGHC 64 (23 August 2023)

[2023] UGHC 64 · High Court · 2023-08-23

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

iso of 2.013 where the court considered the level of literacy of a client of a bank and held that it is a requirement for bank^ documents to be translated to an illiterate and the person who does so must indicate his or her truthful names and address that he or she did so and any failure to do so attracts a penalty for that would be an offence under Section 4 of the Illiterates Protection Act in as far as the contract made in that respect would be in contravention of the law and thus any endorsement of such a document would be contrary to the provisions of Sections 2- and 3 of the Illiterate Protection Act thus making any contract stated to be arising from it to be illegal.

Ssenyonjo and Another v Stanbic Bank Uganda Limited (civil suit no. 4 2015) [2015] UGCommC 298 (22 June 2015)

[2015] UGCOMMC 298 · High Court · 2015-06-22

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 2 · Verification of signature of illiterates Section 3 · Verification of documents written for illiterates

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Saving as to certain documents

Nothing in this Act shall apply to documents of the classes specified in Schedule 2 to this Act

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Saving as to certain documents”.

“Nothing in this Act shall apply to documents of the classes specified in Schedule 2 to this Act”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Nothing in this Act shall apply to documents of the classes specified in Schedule 2 to this Act

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Power to amend Schedules

(1)

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

(2)

The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Schedule 1 (Sections 1 , 6(1) )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 5 , 6(2) )

Exempted documents

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedules”.

“(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.
(2) The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation Section 5 · Saving as to certain documents

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Receipts for taxes

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Receipts for money paid by a

Government officer on behalf of the Treasury

Illiterates Protection Act

About this Act

Full text of the Act