By Steven Masiga
I am compelled to begin with a famous quote by General Gnassingbé Eyadéma, former President of Togo, who once said, “Even if you don’t like the antelope, you must at least admire its speed.”
I challenge my fellow Bamasaaba to read and appreciate the laws that regulate the Bukuka (cultural institution) in Masaabaland. As a cultural institution, we cannot operate in isolation from Ugandan municipal and national laws governing Bukuka. It is similar to constructing a house—you need both cement and water. Without either, the bricks are useless. Just as cement must be mixed with water, cultural leadership must blend with legal frameworks to function effectively.
I call upon the relevant Ministries and courts to declare the current Inzu Ya Masaaba Constitution an invalid provision. It is the main source of confusion within the institution. The so-called “elders” who enacted it were not legally empowered to do so. This renders it unconstitutional and illegal—an affront to Articles 3, 79(1)(2) of the Ugandan Constitution and Section 38 of the Local Government Act. The courts must strike it down.
I have observed a few individuals around Bugisu who blatantly ignore Ugandan regulatory laws governing cultural institutions. This is nothing short of first-class suicide, and such individuals must be monitored. The truth is simple and enshrined in law: Bamasaaba elders are not empowered to make laws. Article 79(1)(2) of the Ugandan Constitution is clear—only Parliament can legislate, and any attempt to do so outside that framework is not just illegal, but also criminal, as it amounts to forming a parallel state.
Since colonial times, the mandate to make laws in Uganda has always rested with Government. Before we had formal legislation, Uganda adopted “received laws” from the British in the form of Orders in Council. Later, Governors and the Parliament took over the legislative function from the 1930s onward.
No individual or group can usurp Government’s role in making laws—whether in Uganda or elsewhere. Laws are enacted by Parliament, typically through bills introduced by the Executive. This is the established democratic and legal process, and it must be respected.
The biggest challenge I see within the Bukuka leadership in Masaabaland is that some factions of the Bamasaaba are reluctant to follow the Government-enacted laws that govern Bukuka. Some even oppose these laws outright, and in doing so, oppose the Government itself.
I, therefore, urge the Government and relevant Ministries responsible for constitutional dissemination—particularly under Articles 4 and 5—to intensify their duty of deepening constitutional awareness among all Ugandans.
I have observed disturbing levels of ignorance regarding Ugandan laws—even among the so-called educated. Many have a serious gap in knowledge about their own country’s legal framework. One person even went as far as saying, “If you haven’t studied law, you have no right to talk about it.” Such remarks are unhelpful and reflect the deep lack of civic education in our society.
In Uganda, no traditional or cultural leader can disregard the laws enabling institutions like Bukuka. Anyone aspiring to cultural leadership must first understand the legal foundation that underpins such institutions. No Ugandan culture or custom can run in isolation. Culture and law must work together harmoniously. Laws regulate culture—not the other way around, as confirmed in Article 2(1)(2) of the Constitution.
In the colonial era, any law deemed repugnant to natural justice was rejected. Today, Article 246 of the Constitution provides legal recognition and protection to all traditional and cultural institutions. Without this law, no one in Uganda can claim to be a recognized traditional or cultural leader.
Just like a traditional surgeon needs both a knife and lifukhulu (dust) for circumcision, cultural leadership requires both Ugandan law and traditional customs to be effective. These two must operate in line with one another—not in conflict. Neither should override the other.
Recently, as a member of the Alternative Dispute Resolution (ADR) movement in Uganda, I participated in the AJS Summit held in Munyonyo. There, I advocated for the Judiciary to archive and share the Bamasaaba people’s success in resolving their cultural leadership disputes. This was achieved by combining legal frameworks with cultural traditions, particularly by assembling elders in line with Article 246(1) and the Cultural Leaders Act of 2011. It is this partnership between law and culture that brought about the current peace in our region.
There is a group of individuals attempting to resurrect outdated political dynasties and use them to destabilize our cultural institution. We, as a cultural body, will not allow our institution to be brought down by individuals who oppose the current Government. We will not be divided by old political propaganda—regardless of where its sponsors are located.
Our goal is unity among our people. Political party affiliations of the past have no place in this cultural space. We also reject any funding aimed at undermining the current leadership.
The writer is the Spokesperson of the Bugisu Cultural Institution and a Master’s student of Law.
