25-1-11

Buganda heads to constitutional court over traditional leaders Bill 2010

Halima Athumani
The Attorney General Buganda Kingdom has vowed to go to the constitutional court to seek an
independent interpretation of the Traditional leaders Bill 2010.

Addressing the first sitting of the Buganda Lukiiko today, Apollo Makubuya said Buganda was
never consulted and were never given an opportunity for a hearing.

On Monday, Parliament concluded the hearing of the bill proposals, and the government team
rooted for the Bill.

But Makubuya argues that the absence of the Buganda ideas renders the bill null and void.

The Bill seeks to operationalise article 246 of the constitution thus contradicting the constitution
and Articles 20 and 21(4) which seeks to protect and promote fundamental human rights and
other human rights.

The Buganda Attorney General wondered why they should contradict the constitution yet the
offense is punishable by death and treason.

Makubuya argues that the changes made in the Bill are thoughts submitted by the Minister for
Gender, Labour and Social Development Gabriel Opio, and not recommendations by traditional
leaders that the Bill directly affects.

He stated that the Kabaka is not seeking for Presidency nor is he in support of any political party.

The bill proposes that if the regional tier, is implemented the position of the titular head in
Buganda shall rotate on an annual basis between the Kabaka and the Ssabaruli.

The Kabaka shall also share the benefits of a cultural leader from the central government with
the Ssabaruli. Makubuya says such things are what anger them most adding that they do not
want to hear about the Ssabanyara or Ssabaruli since Buganda onlys recognizes the Kabaka as its
head.
Makubuya says that though they appreciate Governments’ role in reinstating the Kabakaship, he
was not created by Government and should be accorded the respect he deserves.

One of the contentious issues has been the definition of partisan politics given to Parliament.
Makubuya says Parliament has no mandate and right to interpret the word.

The Katikirro of Buganda J.B Walusimbi said they are committed to working with the Central
Government but on condition of fairness.

Meanwhile the Lukiiko has also resolved to teach the subjects about the disadvantages of the
traditional leaders Bill 2010, and to appreciate the efforts of all those who are against the
traditional leaders Bill, including the Archbishop Cyprian Kizito Lwanga and the church at large,
Supreme Mufti Zubair Kayongo and some muslim leaders, some members of Parliament.

The Lukiiko also plans to oppose any laws that may abuse the Kabaka of Buganda, its culture
and norms and to support efforts in reviving the Buganda royal tombs.