MPs fault government on establishment of Khadi’s Courts

Legislators express displeasure with the government’s delay in establishing Khadi’s Courts and an enabling law.

This followed presentation of a statement on the same by the Deputy Attorney General, Hon Jackson Kafuuzi during a plenary sitting on Monday 03 May 2021. The Minister sought to explain the delay in the establishment of Khadi’s Courts and an enabling law envisaged under article 129 of the Constitution of the Republic of Uganda.
Article 129 provides that, ‘judicial powers shall be exercised by Courts of Judicature which include Khadi’s Courts for marriage, divorce, inheritance of property and guardianship’.

Kafuuzi said there was a bill on Khadi’s courts has not yet been presented because of the ongoing government consultations on its content.
He added that as soon as there is consensus on the consultations and content of the bill, it shall be submitted to Cabinet for approval and introduction in Parliament.

Nakaseke North MP, Hon. Syda Bbumba however, said that the public was not made aware of any consultations in that regard especially the main stakeholders who are the Muslim authorities.
“Nobody has consulted the Uganda Supreme Council in Old Kampala, Kibuli or Nakasero; it has taken 12 years for the government to do anything about this issue,” she said.

Bbumba said that many in the Muslim community are greatly encumbered by the absence of the Khadi’s Courts to help them resolve issues like inheritance and divorce.
“The way the Administrator General handles matters of inheritance is against the stipulations of the Islam faith and the same goes for divorce,” she added.

Bbumba added that, ‘in the past, the excuse for the lack of these courts was that there were no Muslims qualified enough to preside as judges over these courts is not the case anymore’.

Kawempe North MP, Hon. Latif Sebaggala said the framers of the 1995 Constitution saw it necessary for the establishment of the courts and any delays are an infringement on the Constitution.
“The Muhammadan law comprehensively covers all these acts and crafts them as forms of worship. There is a particular way things need to be done and that can only be met by these courts,” he added.

Sebaggala added that the Muslim community has not been consulted at all.

The Speaker of Parliament, Rebecca Kadaga said government’s delay in in implementation of the courts is a breach of article 29 of the constitution.
”No one is satisfied that you are actually consulting. The Members need a commitment on when these consultations on the matter will be concluded,” she said.