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ItemEffects of illegality on loan recovery in mortgage transactions by commercial banks(Makerere University, 2025)This study aimed to investigate the effects of illegality on loan recovery in mortgage enforcement by commercial banks in Uganda. The study examined the loan recovery options available to banks and the aspects of illegality that affect these alternative recovery options. Uganda’s legal frameworks governing loan transactions is split and different for every loan transaction. There is a high cost of noncompliance and illegality on financial institutions which encounter significant challenges in enforcing recovery due to procedural and substantive illegalities. These issues frequently result in unenforceable contracts, prolonged mortgagor litigation, and substantial financial losses. The study is grounded in legal doctrinal method and qualitative approaches, examining the effects of illegality on loan recovery and exploring available options for mortgage enforcement. The study analyzes 27 Ugandan court case decisions from Uganda Legal information institute exposing mortgage disputes involving commercial banks, supplemented by key informant interviews with banking and legal experts. Key findings illustrate those procedural illegalities, such as improper notice of default and invalid collateral registration, often render mortgage agreements unenforceable, with courts nullifying recovery actions in a notable percentage of cases. Additionally, substantive illegalities, including fraudulent loan documentation and unlawful sales, can lead to civil forfeiture, loss of the right to realize the security and significantly increase recovery costs. The study found that there is a strict interpretation and application of compliance requirements, particularly under Sections 19 and 22 of the Mortgages Act cap 239, where even minor procedural breaches can invalidate entire loan recovery processes. The study also finds that there are alternative loan recovery mechanisms, such as receivership and out-of-court settlements. The study concludes with recommendations for consolidation of loan recovery laws in Uganda by way of passing a Loan Recovery Bill to enhance regulatory reforms, enhanced legal risk mitigation strategies, and capacity building within the judicial and banking sectors to improve compliance and efficiency in loan recovery outcomes. Strengthening regulatory oversight and dissemination of loan recovery information to borrowers is crucial to addressing the systemic illegalities that undermine the effectiveness of mortgage enforcement in Uganda.
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ItemAn analysis of the role of the security interest in movable property act in improving access to finance for female entrepreneurs in Uganda(Makerere University, 2025)This study examines the role of the Security Interest in Movable Property Act, Cap 293 (SIMPA) in improving access to credit for female entrepreneurs in Uganda. Despite reforms aimed at modernizing the secured transactions regime and broadening the collateral base to include movable assets, women entrepreneurs continue to experience structural barriers to finance. The study adopts a qualitative methodology with a strong doctrinal component, complemented by empirical insights from interviews with women entrepreneurs and key actors in the financial and regulatory sectors. It analyses how the legal framework under SIMPA addresses collateral constraints, evaluates its implementation, and draws comparative lessons from Kenya, Nigeria, and Ghana. Findings reveal that while SIMPA has expanded the scope of acceptable collateral and streamlined the perfection and registration of security interests through the Security Interest in Movable Property Registry System (SIMPRS), women’s access to credit remains limited by persistent socio-cultural norms, low financial literacy, inadequate institutional capacity, and risk-averse lending practices that still favour land-based collateral. The study argues that effective realisation of SIMPA’s objectives requires gender-responsive enforcement, widespread awareness creation, and harmonisation of collateral registries to support inclusive financing. It concludes that legal reforms alone are insufficient unless supported by institutional strengthening, targeted capacity building for lenders and borrowers, and integration of gendersensitive policies that operationalise financial inclusion. The paper recommends specific legislative, institutional, and policy interventions to ensure that Uganda’s secured transactions framework translates into tangible economic empowerment for women entrepreneurs.
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ItemInternet restrictions: trends and implications on freedom of expression in Uganda’s rising digital democracy(Makerere University, 2025)Internet shutdowns and restrictions have become a recurring feature of Uganda‘s political landscape, particularly during electoral periods. This dissertation assesses the legality and sociopolitical justifications for these shutdowns and restrictions. Using a qualitative research design, the study draws on thematic document review, key informant interviews, and comparative legal and policy analysis from Brazil and Kenya. The analysis is grounded in Just Securitization Theory, offering a lens to examine the state‘s framing of shutdowns and restrictions as national security measures. The findings reveal that the government consistently justifies shutdowns and restrictions by invoking national security, public order, and the need to combat misinformation. Critics, however, argue that these shutdowns and restrictions are disproportionate, unlawful, and politically motivated tools of digital censorship and repression that violate international human rights standards. This paper argues that although the right to access the internet is not absolute, it is an indispensable enabler of fundamental rights in a democratic society; therefore, blanket internet shutdowns and restrictions fail the proportionality test required for any lawful restriction. A comparative analysis with Kenya and Brazil highlights the risks of ambiguous security laws and underscores the importance of independent judicial oversight in protecting digital rights. The study underscores internet access as a cornerstone of democracy in a digitally connected country and suggests reforms to curb politically motivated digital repression. It recommends fortifying Uganda‘s digital resilience by establishing human rights-based regulatory safeguards within the Uganda Communications Commission, realigning national practice with constitutional guarantees, pursuing strategic public interest litigation, and strengthening collaboration among Civil Society Organizations in digital rights advocacy campaigns.
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ItemThe adequacy of the prevention of Trafficking in Persons Act Cap. 131 in protecting refugee children in Uganda(Makerere University, 2026)This study critically examines the adequacy of the Prevention of Trafficking in Persons Act (PTIP Act), Cap. 131, in protecting refugee children in Uganda. It explores the intersection between Uganda’s legal obligations and the lived realities of vulnerable refugee populations, focusing specifically on child trafficking risks within refugee communities. Using a qualitative approach supported by interviews with law enforcement, judicial officers, and humanitarian agencies, the research identifies legislative, institutional, and practical challenges undermining effective implementation. The findings reveal key gaps in child-specific legal protections, inadequate resources, weak inter-agency coordination, and procedural delays, all of which compromise the Act’s efficacy. The study concludes that while the PTIP Act provides a strong legal foundation, targeted reforms and improved enforcement mechanisms are urgently needed to ensure the safety and dignity of refugee children in Uganda
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ItemFreedom of expression in the digital era: examining the constitutionality of laws restricting digital expression in Uganda(Makerere University, 2025)This dissertation critically examines the constitutionality of Uganda’s statutory laws governing freedom of expression in the digital space, with a particular focus on the Computer Misuse Act Cap.96, Penal Code Act Cap.128, Anti-Terrorism Act Cap.120, and other related legislation. While Article 29(1)(a) of the 1995 Constitution of Uganda guarantees the right to freedom of speech, press, and expression, this study finds that the current legal framework disproportionately restricts these rights especially online through vague, overly broad, and often politically motivated provisions. The study pursued four key objectives: to examine the existing legal framework on freedom of expression in Uganda; to assess the constitutionality of Uganda’s digital regulatory laws; to compare Uganda’s digital expression laws with those of the United States of America, United Kingdom and South Africa; and to propose recommendations for aligning Uganda’s laws with both its constitutional mandate and international human rights obligations. The research employed a comparative and doctrinal legal methodology, drawing on constitutional texts, statutes, case law, and international instruments such as the International Covenant on Civil and Political Rights, Universal Declaration on Human Rights, and the African Charter on Human and Peoples’ Rights. Cases against persons such as Dr. Stella Nyanzi and Kakwenza Rukirabashaija revealed a concerning trend of using statutory provisions to suppress dissent and curtail political speech. Findings show that Uganda’s laws on digital expression are largely inconsistent with its Constitution and international legal standards. Unlike the U.S., where the First Amendment robustly protects political and online speech, Uganda’s legal framework allows for arbitrary enforcement and criminalization of dissent. Similarly, comparisons with the United States of America, United Kingdom and South Africa highlight a need for Uganda to modernize its legal approach in a way that respects digital rights. The study concludes by recommending comprehensive legislative reforms and alignment of Uganda’s laws with both domestic constitutional values and international human rights standards. Without such reforms, Uganda risks deepening democratic backsliding and eroding fundamental civil liberties in the digital age.