School of Law (S.Law)

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    A critical analysis of the law regulating motor vehicle insurance (third party risks) settlements to accident victims in Uganda
    (Makerere University, 2025) Kanwagi, Stephen
    This study critically examines the effectiveness of Uganda’s Motor Vehicle Insurance (Third Party risks) Act Cap 193 legal framework in indemnifying accident victims. Using a qualitative research design, the study employed purposive and random sampling to gather data from policyholders, insurance regulators, accident victims, and insurers within the Kampala Metropolitan Area. Data collection methods included in-depth interviews and thematic analysis to identify recurring patterns, challenges, and best practices. Ethical considerations such as informed consent and confidentiality were strictly observed throughout the research process. The findings reveal systemic faults in Uganda’s Motor Vehicle Insurance (Third Party risks) Act (MTPA) legal regime, including the law being outdated, low public awareness, inadequate compensation limits, delays in claims processing, and poor enforcement mechanisms of compulsory insurance requirements. The study also highlights gaps in coordination between regulatory institutions and the prevalence of fraudulent activities, which undermine efficacy and public confidence. Comparatively, regional and international models such as the COMESA Yellow Card and European Green Card systems demonstrate stronger enforcement, digital integration, and higher payout ceilings, offering useful lessons for Uganda. The research finds that Uganda’s MTPI framework, though well-intentioned, requires immediate reform to achieve its primary objectives of timely and fair victim compensation. Key recommendations include amending Cap 193 to streamline the claims process, raise compensation limits, integrating ICT in claims management, strengthening enforcement mechanisms, including all vehicles in the MTP system and improving sensitisation on MTPI rights and procedures. Such measures would align Uganda’s legal framework with global best practices, promoting transparency, efficiency, and access to justice for accident victims. Therefore, while MTPI is vital for road safety and accident victim protection, its current inefficiencies require a multifaceted approach involving legal reforms, public education, technological advancements, and more vigorous enforcement to enhance its effectiveness. Keywords: Motor vehicle insurance
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    A critical analysis of the legal and policy framework governing safe shelters in Uganda for gender based violence survivors
    (Makerere University, 2025) Bogere, Racheal
    Gender-based violence (GBV) is a major global concern with extensive and long-lasting effects. This challenge necessitates that safe shelters should be established and maintained to support GBV survivors. While international, regional, and Uganda’s legal frameworks recognize the need to protect GBV survivors, the nature and extent of state obligations regarding safe shelters for GBV survivors remains largely obscure. This study analyzes Uganda’s legal framework relating to safe shelters for GBV survivors. Using qualitative research methods including interviews and fieldwork in Kiryandongo District in February 2025, the study draws on the Human Rights-Based Approach and Gender Theory to examine survivors' lived realities, state obligations and structural barriers. The study found that Uganda’s current legal framework does not provide for an explicit right to safe shelters for survivors of GBV nor does it entrench an autonomous legal framework on the same, leaving survivors reliant on underfunded, unregulated facilities typically run by Non-Governmental Organizations. The study also compared Uganda to South Africa and Rwanda and found that although both South Africa and Rwanda do not have an explicit legal provision on safe shelters for GBV survivors, South Africa and Rwanda have developed more coordinated and better-resourced institutional responses than Uganda due to their political will, policy coherence, and public funding. The study also found that the major barriers which impede the establishment and accessibility of safe shelters are inter-connected and they include poverty, cultural stigma, corruption and language challenges. The study concludes that the absence of a clear legal mandate is the primary barrier to consistent and quality shelter provision. Legal reform alone, however, is insufficient without broader institutional commitment and public engagement. The study recommends enacting a Safe Shelters for GBV Survivors Act, harmonizing existing laws, establishing a specialized Safe Shelter Services Unit, and implementing a national awareness campaign. It also urges the integration of best practices from South Africa and Rwanda. Keywords: Legal and policy framework governing safe shelters
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    Access to gender justice in Uganda : a feminist analysis of the experience of victims of rape in the reporting and prosecution processes
    (Makerere University, 2022) Adoch, Caroline
    This study is a feminist analysis of how victims of rape experience the criminal justice system as they report and prosecute cases and the impact that this has on their access to justice. Anchored in feminist theory, the study takes the position that male-perpetrated rape against women is a crime of sexual violence and that it is a common experience in the lives of girls and women and causes great harm to the survivors. This marks a significant departure from the common law position that considered rape as an offence against ‘morality’ rather than as assault against the person. The study explored three main research questions. First, what is the implication of the definition of rape in Uganda’s Penal Code Act for victims of rape? Secondly, what legal and institutional frameworks exist for the protection of the rights of victims of rape in the reporting and prosecution of rape cases? and thirdly, what key issues and challenges do the victims of rape face in the reporting and prosecution of rape cases and how do these impact on their access to justice? Through a qualitative analysis of the functioning of Uganda’s legal system as experienced by victims of rape, the key findings show that the definition of the crime of rape in Uganda is artificially narrow and that victims of rape who report and prosecute cases do so in a patriarchal colonial criminal justice system that is massively rigged against them. Secondly, rape survivors are re-traumatized in a context fraught with shame, stigma, victim blaming, poverty and a criminal justice framework where they have no legally-defined position, rights or voice. Third, the criminal justice system does not provide substantive access to justice for women who report and prosecute cases of rape; instead they experience the process as a series of continued gendered violations. In sum, the justice they undergo is highly gendered. The study concludes that many of the difficulties that women face in the criminal justice system are an inherent aspect of the patriarchal colonial common law adversarial criminal justice system and cannot be wholly addressed by legal and policy reforms without rooting out those of patriarchal structures and legacies. The study therefore recommends a recourse to restorative justice which will guarantee full and comprehensive justice and accountability for rape survivors.
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    An accused's self-incrimination to end trial? plea bargaining and the right to a fair hearing in Uganda
    (Makerere University, 2023-12) Nakibuule, Gladys Kisekka
    Legislating for plea bargaining as a shortened trial model in order to secure faster convictions may fall short of measuring the accused's right to a fair and speedy trial meaningfully. It calls into question, the fairness and legitimacy of plea bargaining's implementation. A state's unique socio-legal, economic, and sometimes cultural factors may compel the accused to admit guilt inadvertently and self-incriminate, hoping for lenient sentences, as in Uganda. In 2016, Uganda legislated plea bargaining—a full trial waiver model alongside the traditional full trials— to address trial delays. Uganda did not put in place adequate statutory and administrative implementation mechanisms to balance the accused's inviolable right to a fair hearing with the expediency interests of the other players, particularly the state. The procedure seemingly protects more the state's interests in numerical court case dispositions than the accused’s interest in speedy justice. This qualitative, occasionally quantitative, case study therefore questions if it promotes or negates the accused's right to a fair hearing. The study investigated plea bargained cases in 2014–2021 in 11 Ugandan High Court circuits and two High Court Divisions: The High Court Criminal Division and the International Criminal Division. The circuits included Arua, Fort Portal, Gulu, Kabale, Lira, Masaka, Masindi, Mbale, Mbarara, Mubende and Soroti. The study analysed empirical data, mainly narratives from 126 respondents, who included 66 accused convicts and 60 justice actors, and doctrinal data from diverse laws, treatises, and literature. Primarily, the study found that most accused, regardless of demographics or guilt, plea bargained as a gamble to avoid indefinite pre-trial detention and uncertain trial time, not that the procedure guaranteed their right to a speedy trial under the right to a fair hearing. The procedure was unfairly administered to most of them, with fair trial rights not fully explained to them, amidst a slew of impediments, such as courts failing to allow them tell their stories, which all impugned fair hearing. When viewed holistically, plea bargaining neither reduced case backlogs (that include prison congestion) in the entire criminal justice system nor fully adhered to international standards. These fundamental dilemmas undermine its legitimacy. This study, therefore, makes a case for contextualising a plea bargain in real case time if its processes' timeframe is tracked from the accused's arrest until sentencing. It is ideal, among other legal, administrative and institutional reforms, to legislate its intermediate processes' deadlines to achieve legitimately speedy trials. A plea bargain offer is more relevant to the accused at the time of arrest to prevent inadvertent self-incriminations due to lengthy pretrial detention or trial waiting.
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    Administrative tribunals and dispute settlement: A case study of the Makerere University Staff Tribunal
    (Makerere University, 2022-04) Kiconco, Naome
    This thesis looks at the role of administrative tribunals in dispute settlement, with specific reference to the Makerere University Staff Tribunal, which is created under Section 56 of the Universities and Other Tertiary Institutions Act 2001 as amended. It also looks at the role of lay members in the decision-making process of tribunals, even where complainants/appellants are represented by advocates.
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    African economic integration: The legal and institutional perspectives of the Common Market for Eastern and Southern Africa (COMESA).
    (Makerere University, 2009) Maiteki, Bigirwa George
    Every continent has at least one major integration movement. Europe has the European Union, Asia has the Association of South East Asian Nation (ASEAN) and the Asian Pacific Economic Cooperation (APEC), North –America has the North American Free Trade Area (NAFTA), Latin America has the latin America Association for Common Market (ANCOM), America has the Central American Common Market (CACM). Africa has three major ones; the South African Development Community (SADC), Economic Community for West African States (ECOWAS), the East African Community (EAC) and the Common Market for Eastern and Southern Africa (COMESA) which is the research focus. There are two reasons that make COMESA a more appropriate regional group for study in terms of relevance and interest as compared to other integration movements on the African continent. Nine of the African ten member states of SADC are also part of the member states of COMESA. COMESA is the largest regional grouping in Africa. The study sets out to analyse the history of regional Integration in Eastern and Southern Africa especially on COMESA. It will also be necessary to establish the limitations of the Legal and Institutional framework and its ramifications for the future of regional Integration. The study further assesses the Institutional and Legal opportunities, challenges and achievements of regional Integration in the context of COMESA. iv The study also deals with comparative aspects of the Legal and Institutional perspectives of COMESA with those existing in the EU, NAFTA and ECOWAS. Proposals for reforms that would engender COMESA activities in light of existing and future challenges are covered in the study as critical areas that would offer benchmarks for a cherished regional body.
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    An analysis of the application of the public trust doctrine in sustainable wetland management in Uganda
    (Makerere University, 2025) Natugonza, Elizabeth
    This dissertation presents a critical analysis of the application of the Public Trust Doctrine (PTD) in the sustainable management of wetlands in Uganda. The PTD, a principle of environmental law, mandates the State to act as a trustee of natural resources on behalf of the public. This study explores how this doctrine has been adopted, interpreted, and applied within Uganda’s legal and institutional frameworks governing wetland conservation. Employing a doctrinal legal research methodology, the study undertakes a detailed examination of constitutional provisions, statutory instruments, policy documents, and case law that shape the legal regime surrounding wetlands in Uganda. Key primary sources include the 1995 Constitution of the Republic of Uganda, the National Environment Act, the Land Act, and the Wetlands Sector Strategic Plan. Secondary sources such as academic literature, legal commentaries, and international conventions like the Ramsar Convention provide comparative and contextual insights into the development and application of the PTD both locally and globally. The study also incorporated a limited empirical component. Questionnaires were administered to selected officers from National Environmental Management Authority (NEMA) and Kampala Capital City Authority (KCCA) and to gather practical insights on the implementation of the PTD in wetland management. The analysis reveals significant gaps between the theoretical foundations of the Public Trust Doctrine and its practical application in Uganda’s environmental governance. Challenges such as institutional weaknesses, limited legal clarity, and conflicting land use interests continue to undermine the effective implementation of the doctrine in wetland protection. The study concludes by proposing legal and policy reforms to strengthen the role of the Public Trust Doctrine in promoting sustainable wetland management. These among others include; improved inter-agency coordination and the incorporation of international best practices. Ultimately, the research contributes to the growing discourse on environmental law and the importance of grounding natural resource governance in principles of public trust and sustainability. Keyword: Public trust doctrine
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    An assessment of the efficacy of the mining and minerals Act Cap. 159 towards securing the rights of artisanal and small scale miners in Uganda: a case study of Rubanda District
    (Makerere University, 2025) Mukombe, Ronnie Prince
    This study assessed both the efficacy and effectiveness of the Mining and Minerals Act Cap.159 towards securing the rights of artisanal and small-scale miners (ASM) as well as evaluated the ability of the existing enforcement framework, with a view of informing mineral sector reforms in Uganda. Despite the legal recognition and formalization of ASM under the Act, field evidence revealed persistent challenges that undermine the realization of these rights. Guided by the public interest theory of regulation and the human rights framework for decent work, the study explored the extent to which the Act addresses the rights of miners, the functionality of institutional structures, and the barriers hindering implementation. The study adopted qualitative methods of data collection; document review, key informant interviews and focus group discussions (FGDs). Findings from key informant interviews and FGDs revealed that while the Act was enacted to replace outdated legislation and improve the welfare of artisanal and small-scale miners (ASM), its implementation remains ineffective. Three years after enactment, many miners remain unaware of the law due to limited dissemination, absence of translations, and lack of community engagement. Furthermore, the absence of supporting regulations, particularly those governing artisanal mining operations, has made licensing and enforcement impractical. The study also found that institutional coordination is weak, with unclear roles among enforcement agencies, underfunded district-level natural resource offices, and inadequate logistical support. A key finding of this study is that current policy and legislative efforts tend to prioritize compliance with international standards rather than directly addressing the ongoing human rights violations experienced by artisanal and small-scale miners—violations the Act was originally intended to prevent. In reality, the legal reforms appear to prioritize revenue generation through non-tax revenues (NTRs), licensing, permits and taxation rather than ensuring the protection of miners’ rights. Miners continue to face exploitative market conditions, unsafe working environments, and limited legal awareness, conditions reminiscent of the pre-reform era. The research concludes that without an effective implementation strategy, goodwill and institutional commitment, the Act is unlikely to achieve its intended outcomes. The study recommends comprehensive sensitization campaigns, translation and distribution of the law, expedited development of artisanal mining regulations, and better funding for enforcement and oversight institutions. It also calls for capacity building for the Police Minerals Protection Unit, clear role demarcation among stakeholders, and protection of ASMs from exploitative monopolistic buyers. Strengthening these areas will be critical in transforming ASM into a rights-respecting and economically sustainable sector.
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    An examination of the legal framework on combating data phishing in Uganda
    (Makerere University, 2025) Namuwanga, Milly
    Lately, the world is grappling with many cybercrimes including the unprecedented rise in data phishing. International bodies and individual Countries have developed laws aimed at preserving privacy and protection of individuals’ data against external attacks. However, the relevance of the current legal framework in protecting users against the different forms of data phishing remains less explored. The present research examined Uganda’s legal framework on data phishing in comparison to the UK's legal framework, to establish the relevance of the current legal framework in addressing data phishing. The study undertook a qualitative review of literature of existing legal frameworks in Uganda and the UK and the results revealed that protection of individuals and their properties has been prioritized for generations. Uganda’s legal framework on data phishing is embedded under the Constitution of the Republic of Uganda, Cap 1 and the various Acts on data protection to wit the Data Protection and Privacy Act Cap. 97, Computer Misuse Act Cap. 96, Regulation of Interception of Communication Act Cap. 101 amongst others. The legal framework however, remains weak on grounds of: lack of clarity on the nature of consent required from a data subject; absence of a specific provision on data phishing, and non-incorporation of a provision on sensitization of the public on the legal framework and phishing attacks. Whereas both the legal frameworks of Uganda and the UK uphold the principle of data protection, more deliberate effort is seen on the side of the UK by wholly incorporating international principles of data privacy and protection- General Data Protection Regulation (GDPR), robustly defining personal data and the nature of consent required from the data subject. A recommendation is made to amend laws to clarify on data phishing as a crime, expound on the definition of personal data and nature of consent and imposition harsh sentences for perpetrators. Also, Uganda needs to put in place a mutual legal assistance law to curb cross border phishing crimes and enhance enforcement measures for the existing legal framework.
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    Analysing the legal and regulatory framework for tuition and non-tuition fees in schools in Uganda
    (Makerere University, 2025) Kaweesi, Paul
    World over, tuition and non-tuition fees in schools are very complex topics. If there is anything today that has raised controversy and debate in the education sector, it is the question of skyrocketing school charges. In Uganda, it is now a norm for the owners or operators of both Government-aided and private unaided schools to adjust fees and other levies virtually every school term in total defiance of the Ministerial Guidelines on School Charges. Uganda’s fees crisis has also not spared schools implementing the Universal Primary Education (UPE) and Universal Secondary Education (USE) Government programmes, which are by law prohibited from levying any charges on learners. The prohibitive school charges, which are in the region of USD 800 per term in some elite schools, have become a concern for all including Cabinet, Parliament, Ministry of Education and Sports (MoES), Government Commissions, Non-Governmental Organisations (NGOs), media, educationists and the public. The parents and guardians as the major stakeholders have to grapple with the relentless burden of excessive school fees. The Education (Pre-Primary, Primary and Post-Primary) Act, Cap. 247 ‘Education Act, Cap. 247’ which commenced on 29 August 2008 empowered the Minister responsible for education to make statutory instruments regarding UPE, USE, school charges, school meals and school uniforms, but no instruments or regulations have been made nearly twenty years later. The MoES has instead issued circulars and guidelines on school fees and charges, which do not have any force of the law. The unpredictable and unregulated school charges has given latitude to school owners and operators to hike fees, thereby denying many learners access to quality basic and secondary education, especially those from low and middle-income families, thus violating their right to education.
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    An analysis of the effectiveness of the electoral college system in attaining electoral democracy in Uganda: a case of elections of representatives of persons with disabilities to parliament
    (Makerere University, 2023-11) Bukaayi, Jackie
    This study analysed the effectiveness of electoral colleges in the attainment of Electoral Democracy in Uganda. It specifically examined the election of Representatives of Persons with Disabilities (PWDs) to Parliament. The study process was guided by specific objectives which sought to score the aim of research. A qualitative study design approach was employed involving sampling, interview and desktop research as the methodology. The study found that whereas voting by electoral colleges is more affordable and a convenient method of voting for both the organizers and participants, however, electoral colleges are grounded in discriminatory legal framework which infringes the enjoyment of the right to vote for the majority PWDs contrary to domestic and international legal frame work. The study further discovered that PWDs electoral colleges manipulate voters, create disability imbalance where persons with physical disability are favoured over other disabilities (psychosocial and intellectual disability), undermine the purpose of multipartism due to the eminent bias towards supporting ruling party candidates and discriminates against the illiterate and semiilliterate PWDs who are never consulted on the electoral processes. And the electoral college system has no proper accountability channels for the majority of PWDs since the representatives tend to only care for the delegates of the National Electoral College as their direct voters. The study concludes that these gaps cause contravention of a number of domestic and international legal frameworks thereby rendering the electoral college system ineffective in the attainment of Parliamentary electoral democracy for the PWDs. The study recommends that Parliament amends the electoral legal framework for PWDs elections to provide for Universal Adult Suffrage since it allows for inclusiveness of all PWDs and accommodates the different categories of disability. Electoral Commission should put in place reasonable accommodation measures such as ensuring effective communication with the PWDs (sign language interpreters), demarcating PWDs user friendly polling centres and availing the required assistive devices and technologies (braille ballot papers, hearing aids etc.). The institutional framework should streamline political party participation to facilitate the enjoyment of freedom of association and assembly. Government should increase funding to the Electoral Commission, MoGLSD, NCPD and other related institutions to enable them carry out their mandate including voter and civic education for the PWDs. Finally, Government should employ a multi-stakeholder approach in organising the elections of PWDs. The researcher is optimistic that if the recommendations proposed are adopted and implemented by government, the PWDs will enjoy their individual right to vote and Parliamentary Electoral Democracy
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    An analysis of the effectiveness of the laws of consumer protection in Uganda's telecommunication sector: the case of MTN Uganda Limited
    (Makerere University, 2024-09) Nayebare, Esther
    The study focused on the effectiveness of the laws on consumer protection in Uganda’s telecommunication sector, with MTN Uganda Limited as a case study. As such, the consumption behaviors of customers and the level of compliance by MTN Uganda Limited with consumer protection standards in its provision of telecommunication services to its consumers was analyzed. The study mainly employed the qualitative methods of data collection, complemented with the doctrinal study approaches. Data was collected through interviews distributed to the respondents who included customers and officers from Bank of Uganda (BOU). The participants gave opinions and experience on the types, nature and quality of services offered by MTN Uganda Limited. An assessment was also made on MTN Uganda’s compliance with the consumer protection standards established and their perspectives on consumer protection. The study revealed that despite existence of a legal framework governing compliance with consumer protection in the telecommunication sector in Uganda, there are challenges of ethical marketing practices in provision of telecommunication services. This has thus greatly affected the consumers‘ interests and consumption rights. The study found that despite this shortfall, MTN Uganda Limited has made tremendous progress in allocating its compliance and marketing departments with the mandate to deal with the issues of ethical marketing, fair pricing, and complaints handling to ensure consumer satisfaction and consumer protection. The study concluded that implementation of the legal provisions on monitoring and ensuring compliance with consumer protection laws by the regulator, UCC still remains a great challenge. The study recommended extensive research and legal reform to bear into this thematic domain. The study further recommended raising consumer protection awareness, through strict implementation and enforcement of the legal framework to add dimensions of obligations and accountability by MTN Uganda Limited whose service provision has been the topic of controversy over the years in relation to consumer interests and consumer satisfaction.
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    An analysis of the effectiveness of the legal framework for conflict resolution in the east African community
    (Makerere University, 2024-11) Munyangoga, Bonaventure
    The East African Community (EAC) has experienced some of the most severe conflicts on the African continent.1 The provisions in the Treaty for the establishment of the EAC, particularly Articles 5(1), 123(1), (2), (3)(b), and 124(1), which outline the obligations of member states to collaborate on defence and security to ensure peace, are vague and ambiguous, giving room for varying interpretations by member states. This lack of clarity results in inconsistent implementation of security policies, hence weakening the EAC's ability to resolve conflicts effectively. This study analysed the effectiveness of the legal framework for conflict resolution in the East African Community (EAC). The study used doctrinal legal research methodology and a qualitative approach. The study found that the EAC’s legal framework for conflict resolution encourages diplomacy, cooperation, non-interference, and voting by consensus which often leads to a delay in the EAC's response to conflicts. The EAC’s mandate to maintain peace and security lacks clarity and success when compared with that of ECOWAS, leaving several lessons to learn. The study concluded that the lack of clear provisions for military intervention or peace enforcement restricts the EAC’s effectiveness in situations that demand urgent intervention. The study recommended that the EAC should amend the EAC Treaty to cure the ambiguity in the provisions relating to conflict resolution. Finally, the study also provided for further areas of research.
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    An analysis of the efficacy of anti-corruption laws in combating syndicated corruption in Uganda
    (Makerere University, 2024-12) Maninyitia, Bibianah Oyat
    Corruption is a global challenge that has pervaded every level of society and is one of the greatest hindrances to development of many countries around the world. It occurs in both the private and public sectors and may be trans-border in some instances. Corruption is committed by individuals, multinationals and states, non-profit and charitable organizations, alone or in collusion with others. It keeps on evolving in nature over time and manifests in various forms like paying a bribe to a traffic Police Officer to more sophisticated forms such as money laundering. Multiple reasons underpinned by different theories have been advanced to explain the causes or driving factors of corruption such as sheer self-aggrandizement and economic hardship but this has not achieved much in containing the vice especially in Sub Saharan Africa.
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    An analysis of the legal and institutional frameworks on solid waste management in Uganda: a case study of Kampala District
    (Makerere University, 2024-11) Namugerwa, Thurayya
    The management of solid waste has continued to raise concerns in Uganda, particularly in light of its impact to our environment and ultimately our health and well-being. The problem of poor solid waste management is particularly pronounced in urban areas like Kampala, where inadequate disposal systems, limited public awareness, and insufficient infrastructure have led to pollution, health hazards, and environmental degradation. This study sought to examine the environmental law principles relating to solid waste management. It further examined the legal and institutional frameworks on solid waste management in Uganda and the limitations which remain. It specifically examined the mechanisms used to enforce the solid waste management laws in Uganda with specific focus on Kampala and the challenges faced in the enforcement and the legal strategies to improve solid waste management in Uganda. The study adopted the doctrinal method and the qualitative research design. The researcher relied on the 1995 Constitution of Uganda as amended, relevant Acts, books, scholarly articles and reports. The researcher also conducted key informant interviews with personnel from the Ministry of Water and Environment, National Environment Management Authority, Kampala Capital City Authority, solid waste management companies, an environmental practitioner and a Local Council chairperson. The researcher also used the observation method by visiting the kiteezi landfill and different dumping sites in Kampala and observed how solid waste was managed there. The study found that there are a number of laws which are enforced through environmental planning, standard setting and licensing, monitoring and inspections, public awareness and participation. However, despite the existence of such laws, the solid waste management problem still persists. This is attributed to a number of factors which include; weakness in the law, corruption and poor leadership, limited resources, and lack of sensitization among others. The study proposes recommendations for improvement of solid waste management in Uganda especially Kampala District which can facilitate the transition to building a sustainable and liveable city. The recommendations include, enactment of specific law on solid waste management, recruitment of efficient and qualified personnel in the field of solid waste management, revision of existing laws on the subject, strengthening local government and community participation in solid waste management.
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    An analysis of the legal and regulatory framework for corporate takeovers in Uganda: A case study of the banking and telecommunication sectors of Uganda
    ( 2018-05) Kashaija, Emmanuel
    This study set out to analyze the legal and regulatory framework for corporate takeovers, mergers, and acquisitions in Uganda focusing on the telecommunication and banking sectors in Uganda with the overall aim of suggesting strategies to improve the regulation of corporate takeovers in the two sectors.
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    An analysis of the protection of traditional medical knowledge from biopiracy: challenges and implications for indigenous knowledge in Uganda.
    (Makerere University, 2023-01) Kemigabo, Maureen
    The study examines the protection of Traditional Medicinal Knowledge (TMK) from biopiracy and its implications for indigenous knowledge (IK) in Uganda. It was motivated by concerns from policymakers, civil society, indigenous communities and academia about the risk of biopiracy and the denial of the indigenous communities the right to a share of benefits arising out of the knowledge they have held for centuries. The central argument of this thesis is that the legal protection of TMK from biopiracy in Uganda is inadequate and needs to be urgently addressed. As its objective, the study sets out to critically analyze the efficacy of the laws on the protection of TMK from biopiracy,evaluate them with the object of identifying an appropriate system of protection of TMK from biopiracy, the initiatives taken so far and systems applied in other jurisdictions to identify that which is applicable, and suggest solutions for an effective protection mechanism of TMK from biopiracy in Uganda. The study adopted the qualitative research approach using socio-legal and doctrinal research methodologies to bring out the social aspects of the protection of TMK from biopiracy while at the same time analyzing the law as is—thus permitting the synthesis of rules, principles, norms and values yet taking into consideration the social context. The study relied on the documentary review method and field data collected from key stakeholders concerned with the protection of TMK such as—elders drawn from some clans of Buganda, traditional healers, scholars from the academia, and those from key and incidental institutions concerned with TMK protection using the purposive sampling technique. The study inter alia found that various domestic legislations in Uganda have provisions related to the protection of TMK while a definition of traditional and complementary medicine concerning modern medicine and the control and regulation of the practice of traditional and complementary medicine is provided in the Traditional and Complementary Medicine Act 2019. Furthermore, the Sui Generis system of protection of TK appears to be appropriate for Uganda as it is flexible and could be designed to take the circumstances in the country into consideration. While exposing the limitations of the existing legal framework for the protection of TMK from biopiracy, the study makes the case that the domestic regulations are scattered in various laws and do not bring into effect the provisions of the international instruments based on the state sovereignty principle. The study concludes that protection of TMK from biopiracy exists in the traditional form of secrecy—which also risks the loss of such knowledge in the event of the death of the individual holder given that the knowledge is not documented. The present legal framework is deficient in the protection of TMK from biopiracy in Uganda, exposing TMK to biopiracy and denying the knowledge-holding communities a share of benefits for the knowledge they have held for generations. The study bears serious connotations for indigenous knowledge in Uganda as biopiracy could lead to infringement of the moral rights of the indigenous communities and the consequent loss of their identity. The study recommends that the GoU should: enact and/ or align domestic laws with the regional and international instruments dealing with TMK; ensure that indigenous communities share benefits accruing from their knowledge; meaningfully increase the involvement of the indigenous communities in matters concerned with the protection of TMK from biopiracy; institute an effective coordination mechanism to bring together the key players concerned with TMK in Uganda; urgently develop an appropriate system for the protection of TMK along the Sui Generis system; should establish a TMK repository system where TMK attributed to communities shall be maintained and exclude its appropriation unless the indigenous communities so authorize; in collaboration with civil society and Non-Governmental Organizations (NGOs) document the knowledge and feed it into a national database.
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    An analysis of the registration of traditional folklore as a trademark in Uganda
    (Makerere University, 2024-11) Kobusingye, Edna
    The concept of trademark registration for traditional knowledge has gained momentum as a tool often used by indigenous communities to identify themselves and their products and services. At the same time, there have been concerns that without intellectual property protection for folklore, entrepreneurs will likely use or misuse traditional knowledge for their own commercial gain, without providing any benefit to the communities who created it. As such, this study sought to examine the viability of registering traditional folklore as trademarks in Uganda. It taps into the likely opportunities and constraints that stand in the way of effective trademark protection for traditional folklore. To achieve this, the study applied a mixed research methodology consisting of the doctrinal research design aimed at collecting and applying data from cases, laws and legal scripts on trademark registration of folklore. The study further applied the qualitative and quantitative methodologies which aimed at gathering relevant data from the views and opinions of experts and respondents who interface with the application and intellectual property rights protection of traditional folklore in Uganda. The study found that the construct and relevance of traditional folklore in Uganda is gradually declining, and its application is progressively being phased out by technology and contemporary art forms. However, only a few individuals and communities have registered traditional folklore as trademarks in Uganda. The study concluded that trademark registration laws in Uganda are able to offer intellectual property rights protection for traditional folklore. Trademark registration is an important step in protecting Ugandan folklore from distortion and misuse by the outside world. It is a straightforward process that requires the owner of the mark to show its distinctiveness, uniqueness and distinguishing capabilities. By taking this step, organizations and individual owners of folklore can ensure the protection of Uganda’s valuable cultural heritage. The study recommended that creating awareness on trademark registration of traditional knowledge and enacting special rules would perhaps completely alleviate the shortfalls within the current legal framework on trademark registration for traditional knowledge. Further, amending the current laws on trademark registration to accommodate registration of traditional knowledge would also be a viable solution to ultimately protecting and preserving Uganda’s traditional heritage.
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    Analysis of the role of the board of directors in corporate governance under the Companies Act, 2012
    (Makerere University, 2023-01) Musabi, Comyn
    The Board of Directors has been the black box of company law in large companies with numerous and dispersed shareholding bodies, the central management of the company’s business is necessary in the hands of the board. Yet company law has traditionally specified very little about how this body should operate. The idea that the board is central to the operation of companies was recognized from the beginning by the development of wide range of duties which apply to directors who undertake to act on behalf of the company. However, the questions of which functions should be assigned to the board and how the board should organize itself for the effective discharge of those duties were ones that company law did not seek to answer. The role of the board is to plan and strategize goals and objectives for the short- and long-term good of the company and to put mechanisms in place to monitor progress against the objectives. To this regard, board directors must review, understand and discuss the company's goals. In particular, the board relies on independent directors to challenge the board's perspectives to ensure sound decision-making. In essence, board directors act as stewards of the company that govern for the present times and provide guidance and direction for the future. It's in the board's best interest to develop good working relationships with managers. Corporations run best when the board and senior management hold the same perspectives on strategy, priorities and risk management. Communication is a vital component of good corporate governance. Boards must communicate clearly and in a timely manner to develop a sense of mutual confidence and trust with their managers. It's important for board directors to be having regular conversations with managers about risk mitigation and prevention. Managers need to understand risks so that they can put processes in place to protect the company. The objective of this study was to undertake a comprehensive review of Uganda’s legal framework regarding the structure, functions and powers of Boards of Directors, highlighting the strengths and weaknesses of such framework and recommending changes aimed at addressing any such inadequacies.The findings of this study are as follows: Chapter I, introduces the study and gives an extensive and detailed background to the area of study and its significance. Chapter II reviews Uganda’s corporate legal and institutional governance framework and the findings are that corporate governance issues in Uganda relate to the role of the board, accountability of the board to both shareholders and stakeholders, and financial malpractices, which have led to the collapse of many organisations in Uganda as a result of poor corporate governance practices. The chapter also deduces that the corporate governance legal regime in Uganda is important because it underscores the crucial role of the board of directors of any company and the significance of good accounting standards. Chapter III analyses the international codes like the Cadbury report in the United Kingdom, The UK Corporate governance Code, Kings Reports of South Africa and the Sarbanes-Oxley Act of the United States, among others. The findings are that corporate governance has developed tremendously around the globe often in reaction to corporate scandals. As it develops it creates new laws, regulations and codes both at a national, regional, sector specific and international level which countries like Uganda have adopted as best practices for corporate governance. Chapter IV analyses the code of corporate governance in the two African countries of South Africa and Kenya in a comparative study with the Companies Act, 2012. The findings are that the code of corporate governance of Uganda under the Companies Act, 2012 in comparison to its counter-parts in South Africa and Kenya is strenuous and not easy to implement especially with regards to private companies where it is voluntary to adopt the said codes into the articles of association of such companies. Finally, Chapter V draws conclusions from the research gathered in the preceding chapters and makes recommendations of how best the code of corporate governance in Ugandan under the Companies Act can be improved to enable the Board of Directors effectively and efficiently carry out its role. The recommendations of this study included inter alia; Sanctions on conflict of interests; Relations with Shareowners and key stakeholders; Selection of board members with skills and experience; Mandatory Corporate Governance Structure for Private Companies; Amendment of Table F to the Companies Act, 2012; Compliance and Enforcement of the code of corporate governance under the Companies Act, 2012, among others.
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    Applicability of the HIV/AIDS prevention and control Act Cap 126 in protection and promotion of the right to non-discrimination among people living with HIV/AIDS: a case of Mulago National Referral Hospital
    (Makerere University, 2024-11) Nsiimenta, Sauni Samantha
    Since the establishment of the HIV/AIDS Prevention and Control Act, intended for protection and promotion of the right to non-discrimination among People Living with HIV (PLHIV), its success especially in public health facilities is very questionable due to the increasing levels of social stigma. This study sought to examine the potency of the Act, in protecting the right to non-discrimination among PLHIV, to find out factors affecting the effectiveness of the Act and to suggest measures that can be adopted to enhance the effectiveness of the Act. The study adopted a qualitative research approach based on a cross-sectional research design. According to the study findings, few people know the Act’s anti-discrimination provisions. Furthermore, the study revealed that despite the provisions of the Act especially sections 32 to 40 that bar any form of discrimination on grounds of HIV status, discrimination against PLHIV still exists. Findings further revealed that discrimination against PLHIV is practiced majorly by persons living without the condition, medical personnel like doctors, nurses and support staff especially in lower hospital facilities. This discrimination is in form of delayed treatment, poor service quality, denial of services, high service charges, some people being made to buy ARVs and other drugs which are supposed to be for free, that some persons get their drugs delivered to their homes yet others travel long distances to be able to access the drugs. The research also discovered that hospital management bodies strive to maintain equality and non-discrimination against PLHIV. Staff in Mulago hospital who handle PLHIV unlike other medical facilities across the country are knowledgeable about human rights issues in addition to requirements of the Act. However, some staff still discriminate against PLHIV. The study found out that the Act is not being implemented by the relevant authorities. It also reveals that societal attitudes and general weak healthcare systems exacerbate the challenge of discrimination of persons living with the condition. The study recommends that addressing these challenges requires concerted efforts from various stakeholders including government bodies, healthcare institutions, civil society organizations, and international partners. The Act should be amended to among others; include provisions that expressly grant the implementation function of the Act including on promotion of equal treatment to the Uganda AIDS Commission (UAC). There is also need for strengthening of the implementation mechanisms of the Act through adoption of effective and efficient monitoring mechanisms, enhance budgetary allocations to UAC, conducting trainings for medical personnel and raise more public awareness on the provisions of the Act, the right to equal treatment to avert the rampant discriminatory practices.