Ezrah Kashumbusha.
KAMPALA, February 16, 2024 | In a landmark ruling by the Constitutional Court of Uganda, the legality of the 1993 Traditional Rulers Restitution of Assets and Properties Act (TRRAP Act) has been upheld, bringing an end to a lengthy legal dispute over property rights within the Buganda Kingdom.
The ruling follows a constitutional petition filed by Prince Kalemeera Kimera, a descendant of Daudi Chwa II, challenging the constitutionality of the law that restored traditional institutions in Uganda. Prince Kalemeera contended that the act, which transferred properties of the late Kabaka Daudi Chwa II to the current Kabaka of Buganda, Ronald Muwenda Kimera Mutebi II, violated his property rights as a beneficiary.
However, a panel of justices, including Richard Buteera, Catherine Bamugemereire, Mutangula Kibeedi, Irene Mulyagonja, and Oscar Kihika, unanimously ruled that the petition lacked merit. The court found that the challenged sections of the TRRAP Act were indeed constitutional, dismissing the petition and awarding costs to the Kabaka of Buganda and the Attorney General of Uganda.
In response to the ruling, Attorney General of Buganda, Christopher Bwanika, welcomed the decision, highlighting its significance in discouraging baseless lawsuits against the Kabaka alleging ownership of his property. Bwanika emphasized that the ruling affirmed the legality of the 1993 law and justified the restitution of properties to the Kabaka.
Similarly, the Buganda Kingdom, represented by lawyers from K&K advocates, voiced relief at the court’s decision. They cautioned against further legal challenges that drain the kingdom’s time and resources, urging a shift towards serving the people of Buganda instead.
Denis Bugaya, spokesperson of the Buganda Land Board, echoed these sentiments, emphasizing the kingdom’s commitment to recovering costs incurred in successful legal defenses. He emphasized the need to prioritize the welfare of the people of Buganda over prolonged legal battles.
Despite allegations of fraud leveled against the Kabaka, the court clarified that such claims were beyond the scope of constitutional interpretation and should be addressed through appropriate legal channels.
The ruling brings a sense of closure to the Buganda Kingdom and its legal representatives, who now look forward to redirecting their focus and resources towards the betterment of the Buganda community. With legal uncertainties resolved, they express optimism for a future dedicated to serving the people of Buganda.
