School of Law (S.Law) Collections
Permanent URI for this collection
Browse
Recent Submissions
1 - 5 of 168
-
ItemFreedom from torture of female detainees in police cells: a comparative study of Kawempe and Katwe Police Stations(Makerere University, 2025)“Torture is a wound in the soul so deep it may never heal.”1 — A phrase often echoed by survivors, reminding us that beyond physical pain, torture permanently scars human dignity, particularly for women held in places meant to protect, not harm. This study sought to establish the extent to which the right to freedom from torture is respected with regard to women detainees in Ugandan detention facilities. The study particularly draws on the experience at two Police Stations in Uganda, namely; Kawempe and Katwe Police Stations. The study documents instances in which female detainees are tortured, the nature of such torture, and the availability of redress for the victims. It attempts to derive the broader implications of such factual record for Uganda’s obligations under domestic and international legal frameworks. The study was conducted by cross-sectional survey using the doctrinal and qualitative research method. The data was collected by interviews and documentary analysis. The researcher also used observation method by visiting the two police stations and observed the conditions there. The study revealed that, there are a number of laws which prohibit torture in Uganda. However, despite the existence of such laws, torture still manifests in the police cells of Kawempe and Katwe although not physical in nature. This is attributed to factors like weakness in the law itself, limited government funding to enforcement authorities among others. The study recommends increased funding to facilitate the improvement in the administration of justice and overall promotion of rights against torture of female detainees in police cells. Additionally, it also calls for the ratification of the Optional Protocol to the UNCAT, training of police and other relevant agents on the prohibition of torture and the implementation of the Robben Island Guidelines and other international and regional human rights instruments. The Government of Uganda should ensure adequate funding and support for the rehabilitation of torture victims, their families and communities and to provide victims’ access to justice and reparations Additionally, existing domestic laws should be harmonised with the obligations set out under CEDAW, for gender- sensitive detention conditions, and the African Charter on Human and Peoples’ Rights, which prohibits all forms of torture.
-
ItemThe influence of judicial decisions on foreign direct investment in Uganda(Makerere University, 2025)This study examines the influence of judicial decisions on foreign direct investment (FDI) in Uganda. It emphasises the impact of judicial decisions on investor confidence and the overall business climate. It recognizes the importance of judicial independence, legal certainty, and the efficiency of contract enforcement as essential elements influencing foreign direct investment inflows. Based on the principles of Legal Certainty Theory, this research contends that a reliable and uniform legal framework is crucial for promoting economic growth via foreign direct investment. The study addresses the influence of judicial decisions on FDI by analysing key court cases in Uganda and comparing them with decisions from jurisdictions such as Kenya and South Africa. Notable Ugandan cases, including Ham Enterprises Ltd v. Diamond Trust Bank and Heritage Oil & Gas Ltd v. Uganda Revenue Authority, highlight the impact of judicial decisions on contract enforcement, regulatory compliance, and investor confidence. Comparative insights are drawn from Kenya's Cortec Mining Kenya Limited v. Republic of Kenya and South Africa's Piero Foresti, Laura de Carli and others v. Republic of South Africa, which underscore the benefits of specialised tribunals and efficient dispute resolution systems. The findings show that although judicial decisions in Uganda influence FDI, their impact is not as significant as first believed. The patterns of FDI flows are greatly influenced by several factors including political stability, macroeconomic policies, market size, infrastructure development, and the regulatory environment. However, it was identified that major challenges include judicial delays, contradictions, and apparent prejudice. On the other hand, reforms designed to improve judicial independence and efficiency have shown a beneficial effect on investor confidence. The study recommends case management systems should be improved, financial resources allocated to the judiciary increased, and specialised tribunals tailored to address investment-related disputes be created. As strategic means to lower risks and deftly negotiate Uganda's legal system, foreign investors could add arbitration clauses and make use of bilateral investment treaties. This analysis determines that although Uganda's Judiciary has achieved certain advancements, additional reforms are essential to ensure compliance with international best practices and to remain competitive within the region. Strengthening legal predictability and fostering trust in judicial outcomes are pivotal for creating a conducive environment for FDI. These findings offer valuable insights for policy makers, legal practitioners, and investors, emphasising the judiciary’s role alongside broader economic and political factors in shaping Uganda’s investment climate.
-
ItemAn 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)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.
-
ItemThe impact of the quasi-judicial powers of the electoral commission on parliamentary election petitions in Uganda: a critical analysis from 2016 to 2022(Makerere University, 2024)The study examined the quasi-judicial powers of the Electoral Commission (EC) in adjudicating pre-election/nomination complaints on the determination of parliamentary election petitions by courts. It took the Court of Appeal‘s decision in the case of Kasirye Zzimula Fred v. Bazigatirawo Kibuuka Francis Amooti and Electoral Commission which set a precedent for the courts‘ decisions in parliamentary election petitions based on nomination complaints in 2021 and 2022. This qualitative and doctrinal research was conducted through several interviews. The sample surveyed consisted of advocates and judicial officers who participated in prosecuting and determining parliamentary election petitions following the 2021 national elections. The questions interrogated concerned the ability of the EC to adjudicate nomination complaints and whether the courts are justified in declining to adjudicate parliamentary election petitions grounded on nomination complaints. The study analyzed the situation in other jurisdictions with similar electoral terrains; in particular, it highlights the approach of Electoral Commissions and courts in deciding parliamentary election petitions in Kenya and Tanzania. The study notes the dangers of courts refusing to entertain parliamentary election petitions grounded on nomination complaints and attempts to address the gap in the law and in the courts' recent practice dealing with parliamentary election petitions. The study findings provide practical solutions in dealing with nomination complaints by both the EC and the courts of law in Uganda in order to ensure that mandatory requirements for qualification by any person as a Member of Parliament as required by the 1995 Constitution of Uganda are actually achieved. The study makes various proposals and recommendations to the EC, Courts, and Parliament.
-
ItemAn examination of the nexus between politics and the right to court bail in Uganda(Makerere University, 2024)This study examines the relationship between politics and the right to bail in Uganda with particular reference to criminal defendants that have a political relationship with incumbent power. The study analyzes international, regional and domestic legal materials as well as primary data on related aspects of politics and bail. Participants drawn from the JLOS, politics and civil society were interviewed during the months of October and November 2022, and May 2023. The study findings indicate that the international and regional norms on pretrial rights provide an enabling framework within which criminal suspects in Uganda can claim their pretrial rights, including the right to bail. The domestic framework, however, only guarantees the right to apply for bail, the grant of bail itself being the discretional province of the courts. Unfortunately, this discretion has in politically charged cases been exploited to the detriment of criminal suspects. Over the last two decades, the government has used bail as a weapon against the people it perceives to represent a political threat. This it does by framing unresolved political conflicts as political questions in order that the courts may not adjudicate over them, or as security questions in order that they be subjected to military mechanisms. The imposing nature of the Executive over the Judiciary has meant that some political detainees are denied bail and kept in indefinite pretrial detention. The scheme of denying opponents bail is perfected in the Court Martial, where the time for release on bail is a matter of politics rather than military law. The controversial Bail Guidelines 2022 were issued against this politico-judicial backdrop. Although the Guidelines introduce some novel features, they are largely a replica, and often degradation, of preexisting provisions on bail. From the foregoing findings, the study concludes, briefly, that: (i) the political and security questions underlying bail controversies are a function of the political power contests between the ruling elite and the opposition; (ii) the ruling elite deliberately escalate political conflicts in order to justify the use of military force and exert political control over bail; (iii) judicial independence is greatly compromised in cases involving political opponents of the regime, thanks to the subordinate status of the Judiciary against the executive in reality if not in law; (iv) the Bail Guidelines limit rather than enhance the powers of magistrates and the applicants’ access to bail; and (v) effective implementation of the Bail Guidelines will require some changes in the substantive law on bail. The study makes a number of policy recommendations. These include, briefly, that the Bail Guidelines be revised to harmonize with existing provisions of the MCA and TIA; the law enabling the Chief Justice to issue directives and guidelines should spell out the procedure for doing so, which should be participatory; multi-stakeholder deliberations should be promoted under the JLOS on all important matters of law in order to protect the sanctity of judicial decisions from raw politics; The study also makes a number of more general recommendations.