Institution of Traditional or Cultural Leaders Act

Interpretation

In this Act, unless the context otherwise requires

"court" means the High Court of Uganda;

"Constitution" means the Constitution of the Republic of Uganda;

"corporation sole" means a continuous legal personality that is attributed to successive holders of certain monarchical positions such as kings;

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

"institution of traditional or cultural leader" means the throne, station, status or other position held by a traditional or cultural leader and "institution" shall be construed accordingly;

"Government" means the Government of Uganda;

"Minister" means the Minister responsible for culture;

"partisan politics" includes-

(a)

promoting, or supporting a political party or political organisation or an individual in respect of political activities;

(b)

making statements against Government or opposition policies or programmes; and

(c)

making statements or comments on Bills or motions under consideration by Parliament with a view to influencing their outcome;

"privilege" means a right, advantage or immunity, conferred on a traditional or cultural leader;

"traditional or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.

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

Definition

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

“In this Act, unless the context otherwise requires "court" means the High Court of Uganda;”

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.

9

"Constitution" means the Constitution of the Republic of Uganda;
"corporation sole" means a continuous legal personality that is attributed to successive holders of certain monarchical positions such as kings;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"institution of traditional or cultural leader" means the throne, station, status or other position held by a traditional or cultural leader and "institution" shall be construed accordingly;
"Government" means the Government of Uganda;
"Minister" means the Minister responsible for culture;
"partisan politics" includes-
"privilege" means a right, advantage or immunity, conferred on a traditional or cultural leader;

1 further item remain in the statutory text above.

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

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.

Existence of institution of traditional or cultural leader

Subject to the Constitution, the institution of traditional or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies

Section analysis 1 source-matched judicial passage 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 “Existence of institution of traditional or cultural leader”.

“Subject to the Constitution, the institution of traditional or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies”

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.

1

Subject to the Constitution, the institution of traditional or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies

Judicial interpretation

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

4

High Court — persuasive authority ✓ Source matched

ution that: "For the purposes of this article, "traditional leader or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader". Further, Section 2 of the Institution of Traditional or Cultural Leaders Act, 2011, defines a traditional leader or cultural leader as "a king or similar traditional

Kahombo Kakusya v Dr. Asiimwe and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 5 (28 September 2021)

[2021] UGHCEP 5 · High Court · 2021-09-28

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.

Institution of traditional or cultural leader

(1)

A traditional or cultural leader may be instituted in the following ways-

(a)

in accordance with the culture, customs and traditions of the people to whom it applies; or

(b)

in accordance with the wishes and aspirations of the people to whom it applies, through a resolution of not less than two-thirds of all members of the district local councils and subcounty local government councils respectively in the area.

(2)

The institution under subsection (1) shall be communicated in writing to the Minister.

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 “Institution of traditional or cultural leader”.

“(1) A traditional or cultural leader may be instituted in the following ways-”

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.

4

(1) A traditional or cultural leader may be instituted in the following ways-
(a) in accordance with the culture, customs and traditions of the people to whom it applies; or
(b) in accordance with the wishes and aspirations of the people to whom it applies, through a resolution of not less than two-thirds of all members of the district local councils and subcounty local government councils respectively in the area.
(2) The institution under subsection (1) shall be communicated in writing to the Minister.

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.

Installation of traditional or cultural leader

(1)

A person may be installed as a traditional or cultural leader in any area of Uganda if that person derives allegiance from-

(a)

birth; or

(b)

descent, in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.

(2)

A person shall not be installed as a traditional or cultural leader unless the person derives allegiance from birth or descent in accordance with Article 246(1) to (6) of the Constitution.

(3)

Subject to Article 246(3)(d) of the Constitution, a person shall not be compelled to pay allegiance or contribute to the cost of maintaining a traditional or cultural leader.

(4)

Any person who compels another person to pay allegiance to a traditional or cultural leader commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

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

Offence or consequence

This section creates or governs statutory liability concerning “Installation of traditional or cultural leader”.

“(1) A person may be installed as a traditional or cultural leader in any area of Uganda if that person derives allegiance from-”

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.

6

(1) A person may be installed as a traditional or cultural leader in any area of Uganda if that person derives allegiance from-
(a) birth; or
(b) descent, in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.
(2) A person shall not be installed as a traditional or cultural leader unless the person derives allegiance from birth or descent in accordance with Article 246(1) to (6) of the Constitution.
(3) Subject to Article 246(3)(d) of the Constitution, a person shall not be compelled to pay allegiance or contribute to the cost of maintaining a traditional or cultural leader.
(4) Any person who compels another person to pay allegiance to a traditional or cultural leader commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

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.

Publication of declaration of traditional or cultural leader

Where a traditional or cultural leader has been declared to exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people, the Minister shall cause the declaration to be published in the Gazette

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 “Publication of declaration of traditional or cultural leader”.

“Where a traditional or cultural leader has been declared to exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people, the Minister shall cause the declaration to be published in the Gazette”

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

Where a traditional or cultural leader has been declared to exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people, the Minister shall cause the declaration to be published in the Gazette

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

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.

Capacity of institution of traditional or cultural leader

(1)

The institution of a traditional or cultural leader is a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned.

(2)

A traditional or cultural leader may hold any asset or property acquired in a personal capacity.

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 “Capacity of institution of traditional or cultural leader”.

“(1) The institution of a traditional or cultural leader is a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned.”

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 institution of a traditional or cultural leader is a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned.
(2) A traditional or cultural leader may hold any asset or property acquired in a personal capacity.

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.

Publication of abdication or cessation of traditional or cultural leader

Where a traditional or cultural leader (a) abdicates the institution of a traditional or cultural leader; or

(b)

lawfully ceases to be a traditional or cultural leader, the Minister shall cause the abdication or cessation to be published in the Gazette.

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 “Publication of abdication or cessation of traditional or cultural leader”.

“Where a traditional or cultural leader (a) abdicates the institution of a traditional or cultural leader; or”

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

(b) lawfully ceases to be a traditional or cultural leader, the Minister shall cause the abdication or cessation to be published in the Gazette.

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.

Role of traditional and cultural leaders

A traditional or cultural leader shall (a) promote and preserve the cultural values, norms and practices which enhance the dignity and wellbeing of the people where he or she is recognised as such; and

(b)

promote the development, preservation and enrichment of all the people in the community where he or she is recognised as such.

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 “Role of traditional and cultural leaders”.

“A traditional or cultural leader shall (a) promote and preserve the cultural values, norms and practices which enhance the dignity and wellbeing of the people where he or she is recognised as such; and”

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

(b) promote the development, preservation and enrichment of all the people in the community where he or she is recognised as such.

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

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.

Privileges and benefits of traditional and cultural leaders

(1)

A traditional or cultural leader shall enjoy the privileges and benefits specified in Schedule 2 to this Act.

(2)

A traditional or cultural leader shall enjoy such privileges and benefits as may be conferred by the Government and local government or as that leader may be entitled to under culture, custom or traditions which are not inconsistent with the Constitution or this Act or any other law.

(3)

Where a traditional or cultural leader exists in more than one regional government, the benefits shall be paid by the regional governments in equal proportions.

(4)

The benefits payable under this section shall be free from income tax.

(5)

The duties and responsibilities of a traditional or cultural leader may be financed through the Central Government from the Consolidated Fund as a grant.

Section analysis 1 source-matched judicial passage 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 “Privileges and benefits of traditional and cultural leaders”.

“(1) A traditional or cultural leader shall enjoy the privileges and benefits specified in Schedule 2 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.

5

(1) A traditional or cultural leader shall enjoy the privileges and benefits specified in Schedule 2 to this Act.
(2) A traditional or cultural leader shall enjoy such privileges and benefits as may be conferred by the Government and local government or as that leader may be entitled to under culture, custom or traditions which are not inconsistent with the Constitution or this Act or any other law.
(3) Where a traditional or cultural leader exists in more than one regional government, the benefits shall be paid by the regional governments in equal proportions.
(4) The benefits payable under this section shall be free from income tax.
(5) The duties and responsibilities of a traditional or cultural leader may be financed through the Central Government from the Consolidated Fund as a grant.

Judicial interpretation

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

3

High Court — persuasive authority ✓ Source matched

Section 9 of the Institution of Traditional or Cultural Leaders Act, 2011 provides; A traditional or cultural leader shall- (a) Promote and preserve the cultural values, norms and practices which enhance the dignity and well-being of the people where he or she is recognised as such;

Lwamasaka Nkonge Prosper (Kinyenyambali) V James Magala Muteweta (Kyana) & Another (Miscellaneous Cause No. 65 of 2015 & 87 of 2016) [2019] UGHCCD 284 (12 July 2019)

[2019] UGHCCD 284 · High Court · 2019-07-12

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.

Responsibility of community where traditional or cultural leader exists

(1)

The community where a traditional or cultural leader is installed shall have the primary responsibility of maintaining the traditional or cultural leader.

(2)

Notwithstanding subsection (1), a person shall not be compelled to contribute to the cost of maintaining a traditional or cultural leader or any institution of the traditional or cultural leader.

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 “Responsibility of community where traditional or cultural leader exists”.

“(1) The community where a traditional or cultural leader is installed shall have the primary responsibility of maintaining the traditional or cultural leader.”

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.

2

(1) The community where a traditional or cultural leader is installed shall have the primary responsibility of maintaining the traditional or cultural leader.
(2) Notwithstanding subsection (1), a person shall not be compelled to contribute to the cost of maintaining a traditional or cultural leader or any institution of the traditional or cultural leader.

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

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.

Exercise of administrative, legislative or executive powers

A traditional or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or a local government

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 “Exercise of administrative, legislative or executive powers”.

“A traditional or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or a local government”

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

A traditional or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or a local government

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

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.

Traditional and cultural leaders not to join or participate in partisan politics

(1)

A person shall not, while remaining a traditional or cultural leader, join or participate in partisan politics.

(2)

A traditional or cultural leader wishing to take part and seeking elective office shall abdicate his or her position in the institution not less than ninety days before nomination day in respect of that election.

(3)

For the purposes of this section, a person joins or participates in partisan politics when that person -

(a)

becomes a registered member or card bearing member of the political party or political organisation;

(b)

allows a member of a political party or political organisation or individual for purposes of political activities to articulate views, aspirations and interests of that political party or political organisation or individual;

(c)

knowingly attends a rally or debate where the views, aspirations or interests of a political party or political organisation are articulated;

(d)

allows a person in the employment of the traditional or cultural institution of which the person is a leader to engage in any of the activities referred to in paragraphs (a) to (c).

(4)

Any person who knowingly involves a traditional or cultural leader in partisan politics commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

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

Offence or consequence

This section creates or governs statutory liability concerning “Traditional and cultural leaders not to join or participate in partisan politics”.

“(1) A person shall not, while remaining a traditional or cultural leader, join or participate in partisan politics.”

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.

8

(1) A person shall not, while remaining a traditional or cultural leader, join or participate in partisan politics.
(2) A traditional or cultural leader wishing to take part and seeking elective office shall abdicate his or her position in the institution not less than ninety days before nomination day in respect of that election.
(3) For the purposes of this section, a person joins or participates in partisan politics when that person -
(a) becomes a registered member or card bearing member of the political party or political organisation;
(b) allows a member of a political party or political organisation or individual for purposes of political activities to articulate views, aspirations and interests of that political party or political organisation or individual;
(c) knowingly attends a rally or debate where the views, aspirations or interests of a political party or political organisation are articulated;
(d) allows a person in the employment of the traditional or cultural institution of which the person is a leader to engage in any of the activities referred to in paragraphs (a) to (c).
(4) Any person who knowingly involves a traditional or cultural leader in partisan politics commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

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

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.

Prohibited customs or traditions

A traditional or cultural leader or institution shall not practise any custom, culture, usage or tradition that detracts from the rights of any person as guaranteed under the Constitution or contravenes the Constitution or any other law

Section analysis 1 source-matched judicial passage 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 “Prohibited customs or traditions”.

“A traditional or cultural leader or institution shall not practise any custom, culture, usage or tradition that detracts from the rights of any person as guaranteed under the Constitution or contravenes the Constitution or any other law”

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

A traditional or cultural leader or institution shall not practise any custom, culture, usage or tradition that detracts from the rights of any person as guaranteed under the Constitution or contravenes the Constitution or any other law

Judicial interpretation

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

1

High Court — persuasive authority ✓ Source matched

serve Bunyoro-Kitara kingdom as the minister of social services (Education and Health) on voluntary terms for a period of five(5) years". Counsel submitted that as a leader in Bunyoro Kitara Kingdom, to wit; Minister of Social Services (Education and Health), the 1st respondent was legally barred from participating in Partisan Politics as provided for Under Section 13 of the Institution of Traditional or Cultural Leaders Act 2011, Supplement No: 4 Part V which is to the effect that a leader wishing to take part and seeking elective office shall abdicate his position in the institution not less than ninety days before nomination day in respect of that election. Counsel further submitted that the King 'Omukama wa Bunyoro-Kitara Kingdom' being the…

Kahombo Kakusya v Dr. Asiimwe and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 5 (28 September 2021)

[2021] UGHCEP 5 · High Court · 2021-09-28

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.

Relationship with foreign governments

(1)

A traditional or cultural leader shall not deal with foreign governments except with concurrence of the Government.

(2)

The Minister responsible for foreign affairs shall develop guidelines for approval to be granted under subsection (1).

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 “Relationship with foreign governments”.

“(1) A traditional or cultural leader shall not deal with foreign governments except with concurrence of the Government.”

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.

2

(1) A traditional or cultural leader shall not deal with foreign governments except with concurrence of the Government.
(2) The Minister responsible for foreign affairs shall develop guidelines for approval to be granted under subsection (1).

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

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.

Resolution of disputes

(1)

Any conflict or dispute within the traditional or cultural institution or within the community shall be handled by a council of elders or clan leaders or a representative body chosen and approved by the community, in accordance with the traditions, customs and norms of dispute or conflict resolution pertaining to that community.

(2)

Where the community fails to resolve the conflict or dispute in accordance with subsection (1), the matter shall be referred to the court.

(3)

For the avoidance of doubt, the conflict or dispute referred to in subsection (1) is a conflict or dispute relating to-

(a)

whether or not a community should have a traditional or cultural leader;

(b)

who should be the traditional or cultural leader of the community or area of Uganda; or

(c)

whether or not the proper procedure for installation of a traditional or cultural leader has been followed.

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 “Resolution of disputes”.

“(1) Any conflict or dispute within the traditional or cultural institution or within the community shall be handled by a council of elders or clan leaders or a representative body chosen and approved by the community, in accordance with the traditions, customs and norms of dispute or conflict resolution pertaining to that community.”

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.

6

(1) Any conflict or dispute within the traditional or cultural institution or within the community shall be handled by a council of elders or clan leaders or a representative body chosen and approved by the community, in accordance with the traditions, customs and norms of dispute or conflict resolution pertaining to that community.
(2) Where the community fails to resolve the conflict or dispute in accordance with subsection (1), the matter shall be referred to the court.
(3) For the avoidance of doubt, the conflict or dispute referred to in subsection (1) is a conflict or dispute relating to-
(a) whether or not a community should have a traditional or cultural leader;
(b) who should be the traditional or cultural leader of the community or area of Uganda; or
(c) whether or not the proper procedure for installation of a traditional or cultural leader has been followed.

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

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.

Liability of traditional and cultural leaders

(1)

A traditional or cultural leader is personally liable for any civil wrong committed by the traditional or cultural leader or an agent or person in the employment or acting under the authority of the traditional or cultural leader.

(2)

A person who purports to act on behalf of a traditional or cultural leader without the authority or knowledge of the traditional or cultural leader is liable for any civil or criminal act committed by him or her.

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 “Liability of traditional and cultural leaders”.

“(1) A traditional or cultural leader is personally liable for any civil wrong committed by the traditional or cultural leader or an agent or person in the employment or acting under the authority of the traditional or cultural leader.”

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) A traditional or cultural leader is personally liable for any civil wrong committed by the traditional or cultural leader or an agent or person in the employment or acting under the authority of the traditional or cultural leader.
(2) A person who purports to act on behalf of a traditional or cultural leader without the authority or knowledge of the traditional or cultural leader is liable for any civil or criminal act committed by him or her.

Judicial interpretation

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

1

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.

Symbols and seals of institution of traditional or cultural leaders

(1)

Institutions of traditional or cultural leaders may have flags, anthems, seals, royal regalia, motto and logos.

(2)

Flags, anthems, seals, royal regalia, motto and logos of traditional or cultural leaders existing before the coming into force of this Act shall continue to be in use.

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 “Symbols and seals of institution of traditional or cultural leaders”.

“(1) Institutions of traditional or cultural leaders may have flags, anthems, seals, royal regalia, motto and logos.”

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) Institutions of traditional or cultural leaders may have flags, anthems, seals, royal regalia, motto and logos.
(2) Flags, anthems, seals, royal regalia, motto and logos of traditional or cultural leaders existing before the coming into force of this Act shall continue to be in use.

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

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

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedules 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

Statutory power

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

“The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedules 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.

1

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedules 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

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.

Regulations

(1)

The Minister may, by statutory instrument, with the approval of Parliament, make regulations for better carrying into effect the provisions of this Act.

(2)

Regulations made under this section may prescribe in respect of a contravention of the regulations, a penalty not exceeding a fine of forty-eight currency points or imprisonment for a term not exceeding two years, or both.

Schedule 1 (Sections 1 , 18 )

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

Schedule 2 (Sections 9(1) , 18 )

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 “Regulations”.

“(1) The Minister may, by statutory instrument, with the approval of Parliament, make regulations for better carrying into effect the provisions of 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 Parliament, make regulations for better carrying into effect the provisions of this Act.
(2) Regulations made under this section may prescribe in respect of a contravention of the regulations, a penalty not exceeding a fine of forty-eight currency points or imprisonment for a term not exceeding two years, or both.

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 18 · Power to amend Schedules Section 9 · Privileges and benefits of traditional and cultural leaders

Amendment notes

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

Institution of Traditional or Cultural Leaders Act

About this Act

Full text of the Act