School of Law (S.Law) Collections

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Now showing 1 - 5 of 239
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    An examination of the effectiveness of the electronic court case management information system in the dispensation of justice in Uganda: case study of the Commercial Division of the High Court
    (Makerere University, 2026) Rukundo, Isaac.
    This study examined the effectiveness of the Electronic Court Case Management Information System (ECCMIS) in the dispensation of justice in Uganda, with specific reference to the Commercial Division of the High Court. The study was guided by five objectives: To examine the justification, significance, and achievements of ECCMIS; To explore the supporting legal framework; to assess best practices in e-justice from other jurisdictions; and to investigate the challenges faced by users of ECCMIS in Uganda’s justice system. A qualitative research design was adopted, employing desktop research, analysis of existing literature, and interviews with key stakeholders. This approach enabled an in-depth understanding of user experiences, institutional dynamics, and the extent to which ECCMIS has transformed Justice delivery in Uganda.The findings revealed that ECCMIS has made notable contributions toward improving court efficiency, transparency, and accountability through automation of filing processes, case tracking, and access to records. It has also promoted decision support, timely notifications, and enhanced integration of Judicial data. Nonetheless, the system continues to face challenges including inadequate ICT infrastructure, limited internet connectivity, low user adoption, technical system instability, and insufficient training of court staff. The study reviewed both international and domestic legal frameworks that support e-justice, including the Electronic Transactions Act, Electronic Signatures Act, Data Protection and Privacy Act, and the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025. These frameworks provide an important regulatory foundation but require harmonization and consistent enforcement to ensure efficiency and protection of user data. A comparative analysis with other jurisdictions such as Kenya, South Africa, and the Philippines demonstrated that while Uganda has made commendable progress, more investment in ICT capacity, legal harmonization, and user sensitization is essential. The study concludes that ECCMIS represents a major milestone in Uganda’s Judicial digital transformation and recommends capacity building, improved infrastructure, and nationwide rollout to strengthen access to justice.
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    The right to non-discrimination under article 21 of the constitution: the case of the Penal Pathologisation of sexual and gender minorities in Uganda
    (Makerere University, 2025) Nimwesiga, Seth
    This dissertation examines the discrimination against sexual and gender minorities (LGBTQ+ individuals) in Uganda, with particular focus on the unsubstantiated claims linking them to child sexual abuse. Through comprehensive historical, constitutional, empirical, and comparative analysis, the study challenges the rational basis for discriminatory legislation while proposing evidence-based legal reforms. The research addresses four primary objectives: examining the historical pathologisation of LGBTQ+ individuals based on alleged inclinations toward child sexual abuse; appraising whether current legal frameworks uphold or violate constitutional non- discrimination protections under Article 21; evaluating recorded cases to determine whether they provide evidential support for links between homosexuality and heightened risks of sexually abusive behaviours; and contextualising the legal analysis against international human rights frameworks on equality and non-discrimination protections. The study employs mixed methodological approaches, including doctrinal legal analysis, historical examination, empirical investigation of crime statistics spanning 29 years (1995-2024), and comparative constitutional analysis. Theoretical frameworks include a Rational Basis Theory of Discrimination, constitutional interpretation principles, and social construction theories of deviance. Key findings demonstrate that discriminatory narratives against LGBTQ+ individuals lack historical legitimacy, empirical foundation, constitutional validity, and international legal support. The historical analysis reveals that current anti-LGBTQ+ sentiment represents colonial impositions rather than traditional Ugandan values. Constitutional examination shows systematic violations of Article 21's equality guarantees and democratic participation requirements in lawmaking processes. Empirical analysis of police reports, court cases, and health data conclusively refutes claims linking LGBTQ+ identity to child sexual abuse, with 'unnatural offences' constituting less than 1.2% of sexual crimes against children annually. The study establishes that Uganda's Anti-Homosexuality Act fails fundamental rational basis requirements due to reliance on demonstrably false empirical claims. The legislation violates constitutional participation principles, lacks evidentiary support, and contradicts international human rights obligations. The research reveals troubling judicial inconsistencies in applying constitutional protections, with courts providing stronger safeguards for general constitutional matters while accepting minimal standards for legislation affecting marginalised groups. The dissertation concludes with comprehensive recommendations for legal reform, including implementing evidence-based rational basis requirements for all legislation affecting minority groups, repealing discriminatory provisions, strengthening constitutional interpretation, developing comprehensive anti-discrimination legislation, and reforming child protection frameworks based on empirical evidence. These recommendations extend beyond LGBTQ+ issues to establish broader principles protecting all vulnerable populations from discriminatory legislation lacking factual foundation, thereby strengthening Uganda's constitutional democracy and human rights protections for all citizens.
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    A critical analysis of electoral offences as a ground for setting aside presidential and parliamentary elections in Uganda
    (Makerere University, 2025) Sabiiti, Eric
    The practice of holding regular elections in Uganda is provided for under the 1995 Constitution and has been entrenched after a long period of disenfranchisement. As a result, the country has held presidential and parliamentary elections every after five years since 1996. Specifically, in all the presidential elections held in 1996, 2001, 2006, 2011,2016 and 2021, President Museveni and his National Resistance Movement (NRM) party was declared winner. Museveni’s competitors have challenged the outcome of all the elections declared by the Electoral Commission and went to court in 2001, 2006, 2016 and 2021. On the other hand, Parliamentary Election results have always been challenged in court. All Presidential and Parliamentary Elections held under the 1995 Constitution have been characterised by election offences such as voter bribery, ballot stuffing, intimidation among others. The contemporary practice is that political candidates of all shades, upon failure to settle the direct electoral political contestations, shift the burden to the courts of law for a final say. An analysis of the post-1995 constitutional and domestic legal framework under which the president of Uganda and Members of Parliament are elected reveals that it is deficient in facilitating fair political contestation and in promoting democracy. This is mainly because presidential electoral laws make it almost impossible to challenge the outcome of the election, particularly when the incumbent is declared victorious. It is also the position of this thesis that due to the inadequate legal framework, election offences continue to be committed during presidential and parliamentary elections. In investigating election offences as a ground for setting aside Presidential and Parliamentary elections in Uganda, this thesis discussed the international, regional and national legal frameworks and how courts have approached election offences. The thesis also offers a comparative analysis of five countries (Ghana, India, Kenya, Pakistan and Nigeria). These countries have been very progressive in handling election offences as a way of protecting the integrity of their elections. This thesis offered recommendations for legal and policy reforms including; the need to amend election laws to the effect that whoever commits an election offence is disqualified from contesting for public office in subsequent elections in addition to nullifying their elections.
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    The tension between international arbitration and sovereign states: a comparative analytical case study of Uganda, Ghana & Nigeria
    (Makerere University, 2025) Twinamatsiko, Edith.
    This research examines the complex tension between international investment arbitration and state sovereignty in natural resource governance through a comparative analysis of Uganda, Nigeria, and Ghana's experiences. The study investigates how these three resource-rich African nations navigate the challenges of attracting and maintaining foreign investment whilst preserving essential sovereign authority over their natural resources. By analysing constitutional frameworks, legislative enactments, and significant arbitration cases such as the Heritage Oil and Tullow Oil disputes in Uganda, the research identifies both constraints on sovereign authority and adaptive strategies developed by states to mitigate these constraints. The research employs a doctrinal methodology supplemented by qualitative analysis of case law and institutional frameworks across the three jurisdictions. This approach enables the identification of common challenges and distinctive responses, providing a nuanced understanding of sovereignty in contemporary resource governance. The analysis focuses on four primary dimensions: constitutional and legal frameworks establishing resource ownership; taxation powers and their treatment in international arbitration; regulatory autonomy in environmental protection and local content requirements; and financial implications of investment disputes for sovereign debt management. The findings reveal that while international investment arbitration creates meaningful constraints on certain aspects of sovereign authority, it has also stimulated important legal and institutional innovations that potentially strengthen effective sovereignty in the long term. All three countries have developed increasingly sophisticated approaches to treaty negotiation, legislative frameworks, institutional capacity building, and regional coordination in response to challenges posed by investment arbitration. The evolution of these approaches demonstrates that sovereignty in contemporary resource governance involves not only formal legal authority but also practical governance capacity and strategic international engagement. The research contributes to understanding the evolving nature of sovereignty in contemporary natural resource governance and provides recommendations for strengthening sovereign rights protection within international investment frameworks. These recommendations address legal and policy reforms, institutional capacity development, strategic approaches to treaty negotiation, and regional coordination mechanisms. The findings have significance for other resource-rich developing nations seeking to maximize benefits from natural resource exploitation whilst maintaining essential sovereign authority in a globalized investment environment.
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    Assessing the impact of digitization on business registration and access to business registration information in Uganda
    (Makerere University, 2025) Kule, Walidi.
    This study assessed the impact of digitization on business registration and access to business registration information in Uganda. The objectives of the study were; to assess the current state of digitization of business registration and access to business registration information, to analyze the extent to which digitization has eased business registration and access to business registration information, to examine the challenges faced by users in registering business and accessing registration information, and to assess the measures put in place to ensure integrity of the business registry in the era of digitization. This study employed a qualitative research design, involving key informant interviews and documentary review as the methodology. The study found that Uganda has made significant progress in digitizing business registration through the Online Business Registration System (OBRS), enhancing accessibility and efficiency, particularly in urban areas. However, challenges persist, especially in rural regions where limited internet connectivity, low digital literacy, and system downtimes hinder the effectiveness of the system. While the OBRS has streamlined the registration process and reduced processing times, financial barriers, such as mobile transaction fees and internet costs, remain significant for small businesses. Additionally, the integration of OBRS with other government systems, like the Uganda Revenue Authority (URA) and the National Identification and Registration Authority (NIRA) is lacking, resulting in duplicated data entry and inefficiencies. The study recommends that URSB should reduce or subsidize transaction fees to make the OBRS more affordable, particularly for SMEs, aligning with national development goals. URSB should prioritize robust data privacy measures and regular audits to ensure compliance with the Data Protection and Privacy Act Cap 97, fostering user trust. The study also recommends that nationwide training and sensitization campaigns should be implemented, focusing on rural and semi-urban entrepreneurs to enhance digital literacy and the effective use of OBRS. OBRS should be integrated with other key government databases like URA, NSSF, and NIRA to streamline data sharing, reduce duplication, and improve service efficiency. Regular technical training programs should be implemented to ensure URSB staff are equipped to manage evolving digital services effectively. In addition, collaborations with private technology providers and financial institutions are recommended to enhance OBRS infrastructure and outreach, particularly in underserved areas.