Anyone aspiring to become a cultural or traditional leader in Uganda must belong to one of the officially recognized tribes. Without this, such ambitions are unsupported by the law and considered empty dreams.
The regulatory framework governing traditional and cultural leaders is based on the Constitution of Uganda and the Cultural Leaders Act of 2011. Just like the relationship between the hen and the egg, culture must guide leadership, not the other way around.
An English king once asked his chief justice: “Who is higher, the king or the law?” The chief justice responded, “My Lord, you are higher, but the law is highest.” The chief justice was dismissed the following day.
Many Ugandans mistakenly believe their kings or cultural leaders are above the law, but this is incorrect and should be avoided. According to Articles 2(1) and 2(2) of the Ugandan Constitution, any custom or practice that contradicts the law is null and void. I fully support this principle.
If any member of the Bamasaaba community wishes to become a cultural leader, I have outlined the necessary avenues to achieve this.
Know Your Tribe and Origin
The pre-independence Constitution of Uganda was debated and approved by the British Parliament following constitutional conferences held in Lancaster from September 18 to October 9, 1961, and later at Marlborough House in June 1962.
These conferences were attended by several Ugandans, including notable members of the Bamasaaba community. They followed earlier consultations by the Wild Commission of 1958 and the Munster Commission of 1961.
According to Section 2(3) of the pre-independence Constitution, the recognized districts of Uganda were:
- Acholi
- Bugisu
- Bukedi
- Karamoja
- Sebei
- Teso
- West Nile
Note that Mbale, Buganda, Ankole, Toro, Bunyoro, and Busoga had special statuses.
Tribes Recognized in the 1995 Constitution
Schedule 3 of the 1995 Constitution, read concurrently with Article 10(A), lists the officially recognized tribes (communities) in Uganda as of February 1, 1926:
Acholi, Akiba, Alur, Aringa, Baamba, Babukusu, Babwisi, Bafumbira, Baganda, Bagisu, Bagungu, Bagwe, Bagwere, Bahehe, Bahima, Bahoro, Bakenyi, Bakiga, Bakonzo, Banyabundi, Banyabutumbi, Banyankole, Banyara, Banyarwanda, Banyole, Baruli, Barundi, Basamia, Basoga, Basongora, Batagwenda, Batoro, Batiku, Batwa, Chope, Dodoth, Ethur, Gimara, Ik, Jie, Jonam, Japadhola, Kakwa, Karamojong, Kebu, Kuku, Kumam, Langi, Lendu, Lugbara, Madi, Mening, Mvuba, Napore, Ngikuito, Nubi, Nyangia, Pokot, Reli, Sabinyi, Shana, So, and Venoma.
The various commissions and committees that discussed Uganda’s independence focused primarily on government structure, paying little attention to ethnicity. At the time, tribal complexities were less pronounced.
The 1962 Constitution was replaced by the 1966 Constitution, which itself was superseded by the 1967 Constitution. During this period, Parliament transformed itself into a Constituent Assembly and passed a new constitution as provided under Article 145.
Written by Steven Masiga
Spokesperson, Bugisu Institution
Master’s Student of Law
Tel: 0782231577
