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Sources of Law in Uganda (Primary and Secondary)

Notes on Legal Authorities/ Sources of Law in Uganda. Primary and Secondary Sources of Law.

In Uganda, there are several sources of law that govern the country and its citizens. These sources of law give rise to and basis for the rights and obligations of the state and its citizens. 

In this blog post, we will explore the various sources of law in Uganda (primary & secondary) and how they are used to govern the country. 

Let's get started!

The Black's Law Dictionary defines Law as a body of rules of action or conduct prescribed by controlling authority and having binding legal force.


Sources of Law

What are sources of Law?

Sources of Law refer to the origins of laws. These are sources from which laws derive their validity. 

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Types of Sources of Law

  • Primary Sources of  Law
  • Secondary Sources of Law
Primary sources of law are binding. This means that courts and judicial officers must use them as they reason and arrive at judgments. 

Secondary sources of law are only persuasive. They carry legal weight. Reference can be made to them but they are not binding on a court. This means that courts are not bound to follow them as they adjudicate cases.

sources of law in uganda
Sources of law in Uganda

Primary Sources of Law

Primary sources of law are the foundational or original sources of law that a legal system is based on. These sources of law are considered to be the most authoritative and are used to interpret and apply the law. They are issued by governing bodies and entities.


These include;

  • The Constitution of The Republic of Uganda, 1995 (as amended)

A  constitution is a body of fundamental laws governing a country. The constitution is the grundnorm of the land. It is the superior law and all other laws are subject to it. 


The Constitution is the highest source of law in Uganda which sets out the principles, structure, and functions of the government, as well as the rights and duties of citizens.


Uganda has had four constitutions, namely 1962, 1966, 1967, and 1995, promulgated on 8th /October/1995

Any law or custom inconsistent with the constitution is null and void as stipulated under Article: 2 of the Constitution of Uganda.


Also Read: 

Separation of Powers in Uganda

Procedure for becoming an Advocate in Uganda

  • Statutory Law

Statutes are laws that are enacted by legislative bodies, such as Parliament. By virtue of Art. 79 the Parliament of Uganda has powers to make laws and also sub-delegate this power to other bodies to make law. This is done in respect of the interest and aims of Parliament.

Examples of statutes include; the Penal Code Act Cap 120, Evidence Act, Computer Misuse Act, Contracts Act, 2010Sale of Goods and Supply of Services Act, Civil Procedure Act, and Criminal Procedure Code Act, among others.

Under legislation, we have the Principle and Subsidiary legislation.


Principle Legislation

This refers to the Laws and policies made by the Parliament or Legislature.

These are Acts of parliament made by the majority quorum. The bill is read by parliament and then assented to by the president into law. Then it comes to be statute then published in the National Gazette. 


Parliament derives its power under Article 79(1) of the Constitution 1995


Delegated Legislation/ Subsidiary Legislation

This refers to the laws and policies made by the bodies that the Parliament has sub-delegated powers to make law.

These are termed to be secondary legislation. 


Under Article 79(2) of the Constitution of Uganda, the parliament is given the power to delegate anybody or authority in the making of laws in Uganda. 


Like Bye-laws made by a Local Council, Statutory Instruments made by Ministers, Ordinances, Rules, and Regulations.


Also Read: Canons of Statutory Interpretation

  • Case law / Precedents / Judge-Made Law

Precedents are previous court decisions or judgments that are binding on courts to be used as references in deciding future cases in which similar matters arise.


Precedents are also referred to as judge-made law since judgments are based on the reasoning of Judges. 


What makes a Precedent binding?

Whether a previously decided case is binding or not depends on the Court hierarchy in Uganda. Decisions of Higher courts in the hierarchy are binding on all lower courts in the hierarchy. 

This means that courts lower courts are meant to follow the decisions of higher courts in the adjudication of cases.

Art.129 of the Ugandan Constitution lists the Courts of Judicature which entail the Supreme Court, Court of Appeal, High Court, and all Subordinate Courts, including Tribunals. Higher Courts have jurisdiction over setting precedents binding on the courts themselves and the lower courts in the hierarchy.

  • Common Law & Doctrines of Equity

These are laws from England; English-received Law is used in Uganda by virtue of Uganda being a former British colony.

Section 14(3) of the Judicature Act provides for the validity of the application of Common Law and doctrines of equity in the legal system of Uganda. 


Laws emanate from British Law through English precedents and statutes.


Doctrines of Equity

Equity is defined to mean fairness, justice, and good conscience. Equity came to supplement common Law but not to disregard it. So equity follows the Law, and it only comes in to provide a remedy where there is injustice and repugnancy. 


Equity comes with maxims and equitable remedies, including injunctions, specific performance, and others.

  • Customary Law

Customs are practices and usages that have been in existence for an extended time and are acceptable to specific groups of persons in society as valid laws. Custom results from practice are repeated for a long time and are generally accepted as having acquired the force of Law. 


Customary law is a valid source of law in Uganda where it is not inconsistent with the Constitution of the Republic of Uganda. Customs should not be repugnant to principles of Natural Justice, Equity, and good conscience that are enshrined in the Constitution.


Article 2 of the Ugandan Constitution provides for the supremacy of the Constitution. Article 2 (2) goes ahead to provide that if any other law or custom is inconsistent with the Constitution then that law or custom is considered null and void to the extent of its inconsistency.


For example, Female Genital Mutilation which is a custom among the Sabiny and the Sebei is inconsistent with the principles of the constitution and hence is null and void.

For something to be a custom, the element of continuity, locality, existence, and reasonableness must be ascertained.

  • Religious Law

Under Article 8 of the Uganda constitution, Uganda is a secular state. Religion is a valid and recognized source of law in Uganda.


In Uganda, we have various religions such as Christianity, Islam, and Hinduism.

Religion influences the making of Law, for example, Islamic Banking law and Quadhi Courts, which are based on the Quran and Hadith of the Islamic faith.


Check out: How To Effectively Revise For Law School for Higher Grades

  • International law (Treaties / Conventions)

These are set of rules generally regarded and accepted as binding in relations between states and nations. 

These laws govern international relations, and where the country becomes a signatory, that Law becomes binding onto that country. For example UN Convention, Rome Statute, Geneva Conventions


Secondary Sources of Law

These are sources that analyze, assess, give opinions, explain, and evaluate the law. They contain law but are not law themselves.

These include;

  • Law Journals 

These are books in which one writes down his personal analysis and thoughts about the Law. For example, the editorial team at Makerere University writes the Makerere Law Journal.

  • Legal Encyclopedias and Legal Digests

These are a summation of a body of information such as rules, statutes, or law decisions.

  • Legal Dictionaries 

A reference book that lists that contains words listed in alphabetical order and with correspondence to their meanings. For example the (Black's Law Dictionary)


In Kwizera V Attorney General [2017], Lillian Tibatemwa J made reference to the online Duhaime Law dictionary for the meaning of the term 'costs follow the event’

  • Textbooks

These are books covering a particular topic or topics covered in a certain area of the subject. For example in a school—for example, Glanville Williams' textbook of Learning the Law.

  • Law Conferences

These are meetings of legal analysts in which legal issues are discussed. For instance Law Society conferences.

  • Law Reviews

These are reports that give someone/institution's opinion and analysis about a matter of law.  For example the Havard Law Review, University of Pennsylvania Law Review

  • Legal Periodicals

These are published laws with a fixed interval on legal issues. They are published periodically in the form of numbers or volumes.

  • Law Reports

These are where cases are reported like Uganda law reports, (ALLER) All England Law Reports, and (KLR) Kampala Law Reports among others.

Internet. Law reports can be found in law libraries. ULII website is a great resource for Ugandan cases.


You may also like: Introduction to Criminal Notes


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Conclusion

In this article, I have discussed Legal Authorities/ Sources of law in Uganda. They are categorized into two; ie Primary and Secondary sources of law. Primary Sources of Law are of the first instance and have much legal force as compared to the Secondary Sources of law in Uganda.

Primary sources of law are binding while secondary sources are persuasive. 


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3 comments

  1. thanks and God bless you
  2. My pleasure.

    Thank you!
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