The manual for judges and judicial officers explains the common-law origins of evidence law, then offers contemporary country-specific analyses of thirteen southern and eastern African countries with a shared common-law colonial history: Botswana, Eswatini, Kenya, Lesotho, Malawi, Mauritius, Namibia, Seychelles, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe.
The Anti-Pornography Act (“APA”) bans creation, publication, distribution, and abetting of pornography and child pornography. It also creates a nine-member council to handle pornography issues, including public education, maintaining a registry of offenders, and destruction of seized materials. Human rights groups have expressed concerns that the language defining pornography as “any representation through publication, exhibition, cinematography, indecent show, information technology or by whatever means, of a person engaged in real or stimulated [sic] explicit sexual activities
Here, the Court held that “having a child or children by the deceased is not enough to confer on the woman widowhood.” Consequently, the claimant was unable to inherit property from her deceased partner.
Article 21 of the Constitution of Republic of Uganda prohibits gender discrimination generally and enshrines the principle of equality before the law, regardless of sex, race, color, ethnicity, tribe, religion, political belief, or social or economic standing. Article 31 sets the minimum age for marriage at 18 and provides for equal rights between men and women during marriage and divorce. Article 33 pertains specifically to the rights of women and requires that (1) the government must provide opportunities to enhance the welfare of women and enable them to reach their full potent
The Customary Marriage Act (CMA) sets parameters for acceptable customary marriages and requirements for registration and dissolution. Customary marriages are prohibited if the female party is younger than 16 years old or the male party is younger than 18 years old, either party is of unsound mind, they are too closely related, the marriage is otherwise prohibited by one of the parties’ customs, or one of the parties is still in an existing monogamous marriage. Subsequent monogamous or Muslim marriages will not be recognized and are void if there was a pre-existing customary mar
The Domestic Violence Act of 2010 (the “DVA”) defines and prohibits domestic violence. The penalty for domestic violence is imprisonment not to exceed two years or the payment of a fine not to exceed forty-eight currency points, or both. At the Court’s discretion, the perpetrator may also have to provide monetary compensation to the victim. Romantic and other familial relationships are “domestic,” and marriage is expressly not required. Domestic violence complaints may be brought before local council courts (“LC courts”) pursuant to the procedures outlined in the DVA
The Employment (Sexual Harassment) Regulations of 2012 (the “ESH Regulations”) define, prohibit, and provide punishments for sexual harassment in the workplace. The ESH Regulations were produced by the Directorate of Labour pursuant to the powers conferred by the Employment Act of 2006 (sec.
The Employment Act of 2006 applies to all employment in Uganda other than soldiers. The Directorate of Labour, under the Minister of Labour, has the power to issue regulations of the Act’s provisions. Section 7 prohibits sexual harassment in the workplace. The Employment (Sexual Harassment) Regulations of 2012 provide the details of Uganda’s sexual harassment policy. Sections 56 and 57, respectively, provide for fully paid maternity and paternity leave. Female emplo
The HMD Act regulates Hindu (including Jain and Sikh) marriages and codifies the specific requirements of these marriages and divorces.
A husband appealed from a divorce proceeding ordering that the divorcing parties share various properties accumulated during the marriage (Ground No. 4). He contended that his wife (the respondent) had no right to such property because she did not produce evidence to prove her contribution to the acquisition of such property. The issues are whether there is an established legal formula for division of property after divorce, and whether spousal contribution plays a role in such division.
