Omukama of Bunyoro - Constitutional Recognition

Constitutional Recognition

In 1962, Great Britain granted independence to Uganda, but in February 1966, Prime Minister Milton Obote suspended the constitution and seized power, abolishing all of the traditional kingdoms—including Bunyoro—in 1967. The Omukama (King) of Bunyoro-Kitara Kingdom was restituted by Statute No. 8 of 1993, enacted by the Parliament of Uganda after the monarchy had been abolished for many years. Unlike the pre-1967 Omukama, who was both titular head and a political figure of the government of Bunyoro, the Omukama today is a cultural leader above partisan politics, although the King remains the titular head of the Bunyoro regional government (Section 246 of the Constitution of the Republic of Uganda):

Pursuant to Chapter Sixteen of the Constitution of the Republic of Uganda, 1995.,

Sc 246. Institution of traditional or cultural leaders.

(1) Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies.

(2) In any community, where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by Parliament.

(3) The following provisions shall apply in relation to traditional leaders or cultural leaders—

(a) the institution of traditional leader or a cultural leader shall be a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned;
(b) nothing in paragraph (a) shall be taken to prohibit a traditional leader or cultural leader from holding any asset or property acquired in a personal capacity;
(c) a traditional leader or cultural leader shall enjoy such privileges and benefits as may be conferred by the Government and local government or as that leader may be entitled to under culture, custom and tradition;
(d) subject to paragraph (c) of this clause, no person shall be compelled to pay allegiance or contribute to the cost of maintaining a traditional leader or cultural leader;
(e) a person shall not, while remaining a traditional leader or cultural leader, join or participate in partisan politics;
(f) a traditional leader or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or local government.

(4) The allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under article 21 of this Constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this Constitution, shall be taken to be prohibited under that article.

(5) For the avoidance of doubt, the institution of traditional leader or cultural leader existing immediately before the coming into force of this Constitution shall be taken to exist in accordance with the provisions of this Constitution.

(6) For the purposes of this article, “traditional leader or cultural leader” means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.