We cannot allow one clan to elect Umukuka IV, V, VI, and VII. I recently saw elder Wagabyalire asking the Wanale clan to elect another candidate so that he can hand over power to him in December.
I have followed every bit of the ongoing activities among the Wanale clan, and I can comfortably say their actions are calculated to create disunity among the Bamasaaba people. Similar efforts were once made to create another cultural institution in Bududa, but as a community, we collectively said no way — and I am happy to report that the architects of that Bududa initiative listened to us.
There are a few individuals now attempting to bypass the regulatory statutes on the Umukuka. Again, as a cultural institution, we shall not allow such evil plans to materialize.
An Austrian legal philosopher, Eugen Ehrlich, once urged the world to disregard and distance itself from all government-enacted laws, suggesting instead that communities already have their own “living laws” shaped by daily interactions. Of course, while this may have some universal truth, it should only be embraced with modification, since the authority to enact laws is vested in the state — especially under the positive school of thought, and in the Ugandan context.
There is sufficient literature indicating that the Bamasaaba have historically struggled with internal mistrust. This became evident during the election of Umukuka I, His Highness Wilson Wamimbi. Those who were present then will recall that someone from South Bugisu had to be asked to serve as the returning officer for the elections. Hon. Irene Manghali, who was then Deputy RDC Manafwa, was quickly signaled to manage the election process since it pitted two candidates — one from South Bugisu and another from North Bugisu. The parties involved could not trust anyone from North Bugisu to preside over the process, so Bishop Gimadu and Hon. Irene Manghali jointly managed the election.
The Bamasaaba are one people and should not allow themselves to be divided along clan lines. While we cannot separate ourselves from our clans, we must not use them as instruments of division.
What creates unity in any community is not mere coexistence, but being bound by a common idea. If living together were the only criterion for unity, then a husband and wife could never have friction despite long acquaintance. For instance, a witchdoctor in Bududa may be friendlier to another in Busoga than to his own neighbor because of their shared belief system. It is their common philosophy, not proximity, that unites them.
There are deliberate efforts by some Bamasaaba to sever the umbilical cord that has long united us as a community. It is a settled matter of custom that the Bamasaaba comprise several clans and inhabit the districts of Bududa, Bulambuli, Namisindwa, Mbale City, and Manafwa, in accordance with local government demarcations.
However, dividing the Bamasaaba into rigid clan groupings of Mwambu, Wanale, and Mubuya could become a serious boomerang in the future, as some of these splinter groups may begin to agitate for cultural independence and demand their own cultural leaders. I have no problem with clan chairpersons such as Mr. Mayatsa, who was elected chairman of the Wanale clan amid tension and opposition from several sub-clan chairpersons. I have also seen the Buhalasi clan elect Dr. Wesonga as their chairperson.
The danger will come when these clan leaders also start aspiring to become Umukuka for their own respective sub-communities and seek government facilitation for such roles.
The introduction of cultural leadership in Uganda was never intended to promote divisions, but rather to foster unity. However, the current model of cultural leadership needs to be nurtured and respected if it is to achieve its intended purpose.
Recently, while attending an Alternative Justice System training organized by the Chief Justice in Munyonyo, His Lordship Justice Alfonse Owiny-Dollo, the Chief Justice of Uganda, reminded us that the Acholi region alone had about 20 clan chairpersons in attendance—representing nearly 50% of the participants. He noted that these individuals were in conflict with their own king, and that the training was intended to help them appreciate the value of mediation.
Cultural or traditional institutions are supposed to be vanguards of unity in their communities and must always work to strengthen cohesion rather than division.
The challenge I have repeatedly observed is that many communities today are tempted to follow philosophies like that of Ehrlich, who encouraged people to ignore state-made laws and craft their own.
The Bamasaaba must be prepared to discard any obstacle to our unity, especially the divisive provisions within the current Inzu Ya Masaaba constitution. We are not clothed with authority to enact our own laws as a community, but must instead operate within the enabling national laws governing customs and cultural practices in Uganda.
The writer is a lawyer and the Spokesperson of the Bugisu Cultural Institution.
