School of Law (S.Law) Collections

Permanent URI for this collection

http://10.29.1.53:4000/handle/10570/201

Browse

Recent Submissions

Now showing 1 - 5 of 181
  • Item
    Comparative analysis of legal and policy frameworks regulating compulsory land acquisition and property rights in Uganda and Kenya
    (Makerere University, 2025) Namuleme, Lucy
    Land is a key resource for livelihood and sustainability in Africa. The unclear compulsory land acquisition laws and processes in many nations have disrupted property rights and deprived people of well-deserved livelihoods. The purpose of this study was to critically compare and analyze land tenure practices, policy framework and laws of Ugandan and Kenyan to establish the extent to which they affect land acquisition and property rights. The study was guided by three objectives; to critically analyze existing and operational legal, policy and institutional frameworks governing compulsory land acquisition and attendant processes in Uganda and Kenya; to explore procedural practices in compulsory land acquisition that affect property rights and implementation of government infrastructural development programmes in Uganda and Kenya; to compare Uganda’s proposed amendment of Article 26 with the legal position on compulsory land acquisition in Kenya; and to contrast Uganda’s proposed amendment with the legal position on compulsory land acquisition and property rights in Kenya. The theories that guided the study were the liberal theory of natural resources and property rights as well as the utilitarian theory of property. The study employed doctrinal legal research methodology to collect, process and analyze data. The study found that in Uganda land acquisition Act 1965 giving force to procedure is archaic and not in tandem with the contemporary developments on land acquisition. In addition, the process was found to be rigged in government’s interest through the valuation policy, which based on market value at the expense of the land owners. Similarly, in Kenya the market value approaches to land valuation were found not suitable for valuation of community rangelands where no formal property markets exist. The lengthy process of establishing the Land Value Index which requires the approval of Senate and National Assembly breaches the requirement for prompt payment of compensation. For Uganda, the study recommended amendment of land acquisition Act 1965 to conform with the constitution and for both nations it was recommended that other basis for valuation apart from market value such as equitable value, and social value and gross replacement cost value for instances where the affected assets are not traded in the property market or where no formal property market exists.
  • Item
    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
  • Item
    The legal and regulatory framework governing access to equity finance in Uganda
    (Makerere University, 2025) Akugizibwe, Adolf
    This study critically examines the legal and regulatory barriers to equity financing for High-Growth Enterprises (HGEs) in Uganda, enterprises which play a vital role in driving innovation, employment, and economic transformation. Using a qualitative approach that combined doctrinal analysis with field interviews involving regulators, institutional investors, and HGE managers, the research identifies taxation inefficiencies, rigid capital markets regulations, weak corporate governance structures, and investor risk aversion as the main obstacles limiting access to equity. Findings reveal that despite Uganda’s comprehensive legal framework, including the Companies Act, Capital Markets Authority Act, and recent reforms such as Limited Liability Partnerships, the practical environment remains unfavorable, with high compliance costs, cultural biases toward debt, and underdeveloped venture capital markets hindering growth. Institutional investors like pension funds and insurance companies also remain cautious, preferring government securities over equity participation in HGEs. The study concludes that Uganda’s equity financing ecosystem is underutilized and misaligned with entrepreneurial realities, and recommends legal, policy, and institutional reforms to reduce tax disincentives, simplify regulatory processes, mobilize domestic capital, and build investor readiness among HGEs. Strengthening the equity finance framework would unlock the growth potential of these enterprises and contribute significantly to Uganda’s economic competitiveness and sustainable development
  • Item
    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.
  • Item
    Minority shareholder protection in private companies: the role of law and corporate governance frameworks in Uganda
    (Makerere University, 2025) Namasinga, Teddy Lubowa
    Minority shareholder protection has long been a subject of discussion by different authors, all emphasizing the importance of safeguarding their rights thereby promoting economic development. This study examines the role of the law and corporate governance standards in protecting the rights of minority shareholders in Uganda, focusing specifically on private companies. The study assesses the effectiveness of statutory protection accorded to minority shareholders, examines the impact of corporate governance standards on the protection of minority shareholders and proposes best practices and measures suitable for enhancing minority shareholder protection in Uganda. The study adopted doctrinal and qualitative data methodologies. Data was collected through unstructured interviews to collect in-depth information from randomly and purposively selected respondents. The findings revealed that private companies in Uganda are characterized by controlling shareholders and limited attention has been given to the governance in these companies and how such governance affects minority shareholders. Although the law provides for avenues of redress in case of minority shareholder rights abuse, some are impractical, costly and time consuming, leading many aggrieved minority shareholders to opt for an exit rather than pursue enforcement of their rights. In addition, the company owners and directors in these companies lack awareness of governance obligations and available minority shareholder remedies. Further, the absence of minimum governance standards for private companies under the Companies Act Cap 106 undermines minority shareholder protection and limits their ability to do business beyond their second year unlike public, listed and regulated companies. The study recommends a review of the legal frameworks to provide for additional remedies, merge the forums for redress to make the process less costly and protracted, abolition of some requirements like security for costs and introduction of an all-encompassing code of corporate governance to cater for the governance needs of Private Companies. Keywords: Minority shareholder protection, Law and corporate governance