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The Law of Succession in Relation to Women Rights In THE LAW OF SUCCESSION IN RELATION TO WOMEN RIGHTS IN UGANDA. (CASE STUDY OF BUGANDA) BY NYAMWATA A. LINDAH LLB/ 7266/521DF -. LA’!.’ I’ D\! C.F~ .4 L..~irc. I — * * I)i’~ I 1 * A DISSERTATION SUBMW~ED TO THE FACULTY OF LAW IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF A DEGREE IN BACHELOR LAWS OF KAMPALA INTERNATIONAL UNWERSITY DECEMBER 2009. DECLARATION I, NYAMWATA A. LINDAH declare that this dissertation is my original work and has never been presented for an award of any degree in any university or any other institution of higher learning. I further declare that all materials cited in this paper which are not my own have been fully acknowledged. Signature. ~‘ Date. NYAMWATA A. LINDAH LLB/ 72661521DF APPROVAL This dissertation has been done under my guidance and supervision as a University Supervisor. Signature ~....... Date...~ Mfs ANNET BIRUNGI SUPERVISOR DEDICATION I especially dedicate this dissertation to the most imoortant peonle in my life: the OTIENDE’S family members. iv ACKNOWLEDGEMENT This study is as a result of the guidance and assistance given to me by my supervisor Mis ANNET BmUNGI. I do acknowledge the work of my family members,ftiends and classmates for their moral and material support during the course of my sLudy at KAt4PA~A INTERNATIONAL UNIVERSITY. I also thank the Dean of the Faculty of Lass for the encouragement and guidance. I thank God for has ing given life, V TABLE OF CONTE~ ~TS Declaration. Approval iii Dedication iv Acknowledgement v Table of Content vi List of Abbreviations vii List of Statu~es viii List of cases ix CHAPTER a TE I 1.0 Background of the study 2 1.1 Statement of the problem 3 1.2 Hypothesis 3 1.3 Objectives of the study 3 1.4 Scope of the study 4 1.5 Significance of the study 4 1.6 Justification of~he study 5 1.7 Literature Re~:iew 5 1.8 Research Methodology 7 CHAPTER TWO 10 2.0 Introduction 10 vi 2.1 Presentation of study flndings. 10 2.2 Modes of access to property and reali.sation of their rights 11 2.3 Women’s rights under the law of succession in Buganda 12 2.4 Customary Law and Succession 13 2.5An analysis of the Law of Succession in relation to Women’s rights in Uganda 13 2.6 Property Rights in m.arriage 15 2.7 Inheritance Rights 17 2.8 Rights to make wills 20 CHAPTER THREE 24 3.0 Procedural aspects of Succession 24 3.1 Domicile for the purpose of Succession 25 3.2 Weakness of the Laws of Succession and institutions in Uganda 26 3.3 Institution mechanism for women’s Succession Rights 28 3.4 Procedural aspects of Succession 29 CHAPTER FOUR 32 4.0 Introduction 32 4.1 Conclusion 32 4.2 Recommendations 34 INDEX 36 Questionnaire 36 Bibliography 39 vii LISTS OF CASES Uganda V Jemiina Kyanda. (1977) HCB 111 Mary Ntambirweki V~Grace (1993) HCB 104 Kasimu Miti for Bijowal Balikomanyi V. Nula ondola Unreported in the customary law reports (1940~1985) Yowana Naiwanga V~ Edinuind Kyeyune Principal court case no 116 of (1 945) Estate of Alex Wakadala (1991) HCB 91 Chelanga vJuina (2002) 1 KLR 339 James katende v, Dan Byamukama Administrative Cause 201\92 Sara Nabaggala and Anor V. Joyce Nakku and A.nor (1993) KALR 60 Administrators General V~ Norah Nakiyaga and Ors (1993) HCB 127 Rwabaganda V~ Bahemurwabusha (1970) HCB 121 Christine Male V Namanda (1993) HCB 109 Yudesi Kasisi V. Kyakambule Principle Court Administrative Course No~ 11611948 Mboijana v~ Mboijana Civil Suit No $711996 Konde V. Bulandina Nankya (1992-1993) HCB 192 Re Kibiego (19$0)HCB 104 x CH~~PTER O~’E GENERAL INTRODUCTION The law of succession deals with distribution of property in a family relationship between husband, wife and children’.There are three t~ pes of recognize succession in Uganda. Testate succession is where a arson dies having mawi ~ ~alid will2 .the deceased died having set out to whom his or her propery is to go. Intestate succession is where a person ales without leaving valid will. The law here comes in to set guidelines on who to .abe the properta~ Sometimes this no the, person to whom the deceaswi actuall~ wanted to give to. Lastly there is partial intestacy v here a person propery p sses under a will and partly under intestacy.3 BACKGROUND OF THE PROBLEM, The history of law related to succession in Uganda dates before the colonial times. Different tribes were governed by different norms and rules but colonialism in 1894 brought foreign religion of Christianin’ and Islamic Aat die ated new ethics, tProperty relations in Buganda in pre-colonial times were differen~ f-om what exists today. The need civilized Africans facilitated the reoep ion of English aw by virtue of 1898 and 1902 order in council thus the succession taw tha~ brought the plural cultures under one central and instructional frame work5. The 1900 Buganda Agreement brought about a transformation of laws in Buganda especially in the area of property ownership. Property like land was only owned by the Namasole who was the mother o the kir g and most share went to men. The historical position of the law of su~arss’on s tha it is nredominance of customary laws of inheritance positions omen in a oiscrimina ory ansi ion due to their characters and gender complexion. Percy Tuhaise. And others Women & Law n East frica,Women & inhertitance in Uganda Laws, customs and practices,l 995. Kampala Pubhshers Antony Kinuthia Mwicigi,famih Law tn.l ucm~ion manual.’ 9~ ,Lun~man Publishers, Nairobi. 3H.F Mor~s: ~Ihe1awo’succecsi ninLgmsa~, 9~’ Lcathnpw s ~ Supra note 1 page 1 ~ ibid The division of marit& properly was ~ vta~ ~spee~ in many settings .New divorce laws brought a bout radical changes in the traditional Society. A spouse whose name was on the title to the property tsar the o vner of the property in mosticases tnis was done on the basis of who contributed he most money. The husband usually took the largest share on the property, the woman’s homemaking and child rearing efforts counted nothing in the traditional method of properly dir ision, Post colonial laws such as the Succession ha ‘a not been practical in the protecting women’s succession righ a since here is no single Ia providing for saccession rights in Buganda. Before colonialism Buganda had a sing e ustomars tear re system which rested upon traditions and customs that served to e ‘ifor”e joup cont o ro er its disposition. The 1962 and 1967 constitu ions o~ renubli” of Ugrr da paid little regard to women’s succession rights since there v’as o soec’fic arovisior catering for special treatment to be accorded to rronien~ The 1995 Constitut’on o~ repub ic of Uganda has beer regarded as he most appropriate gender sensitire since ti pro’ ides thr affirma~ive a ‘on under article 33.This has got a great impact in ensuring women realization of their suc”ession rights since women both married and unmarried are treated at equal leveis with men. Succession rights today ham nosed a step forward since r onwn are on the alert and on the move to fight for their succession rights. DEFINiTION OF TERMS. Women Succession Rights refers to the rights accorcied to women regarding to property both family and matrimonial8 Succession refers to the process of distribution of family property between husband, wife children and relatives.9 A will refers to a document in r hc’i a aerson expresses his or he1 wishes on death.’° 6 Supra above number 1 Kabonesa Conso1ata[2O~ 2~’ (ren&r Re edons and tim women’s Rights in Uganda. Fast African Publishers, 511.F Monis;The Law of a~es~ion in ‘bawL, 1 71 imadon Pram 9Percy Tuhaise and others: nomen ard L v in Las s~~a,U omer and Inhaimance in Uganda laws,customs and practices. 1995, Kampala publLhers. “ibd 2 Domicile refers to a person’s permanent place of residence”. LI Statement of the problem. Weakness of the legal frame work of the iaw of succession in Uganda has resulted to violation of women’s rights ,women need to have access to family property. They have suffered due to lack of capital, socio~economic and bad legislation which need to be addressed. Unequal property ownership rights maker women vulnerable to be subject to private sphere. A married woman who owns nothing such land can easily submit to the wishes of her husband since she has nothing like land and fam.ily can not accept him since in many societies a wom.an is separated from. the faniiiy.’2~ 12 Hypothesis The law of succession has an impact on women’s rights in Uganda. The law of succession pays little regard to women’s rights. Illiteracy is one of the underm.ining factors to die realization o f women’s succession rights. Women are less active in participation ofsuccession matters. Low economic power affects the succession rights of women. HIV Aids has led to tb.e denial of women property rights. 13 OBJECTiVES OF THE STUDY. Overall Objectives. The study was premised on the following objectives: To postulate the guiding principles of the law of succession and established the factors contributing to violation of women’s rights in Uganda. To establish the weakness oflaw ofsuccession and its institution in Uganda. To established various avenues which undermine one growth of law of succession.
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