Leg­is­la­tors have called upon the gov­ern­ment to op­er­a­tional­ize Ar­ti­cle 129 of the Con­sti­tu­tion of the Re­pub­lic of Uganda, which man­dates the gov­ern­ment to es­tab­lish Khadi’s Courts and en­abling law.

In a Ple­nary sit­ting on Mon­day 3rd, May 2021 chaired by the Speaker Re­becca Kadaga, the Deputy At­tor­ney Gen­eral, Jack­son Ka­fu­uzi pre­sented a state­ment on 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 con­firmed that there is a bill on Khadi’s courts that gov­ern­ment would pre­sent soon af­ter it’s done with con­sul­ta­tions. He con­firmed gov­ern­ment com­mit­ment to­wards the es­tab­lish­ment of Khadi’s Courts.

The Deputy At­tor­ney Gen­eral equally noted that the gov­ern­ment was still con­sult­ing on the Mar­riage and Di­vorce Bill, which would equally be tabled soon af­ter the con­sul­ta­tion is done.

Nakaseke North MP, Syda Bbumba de­nied any knowl­edge about con­sul­ta­tion with stake­hold­ers as al­leged by the Min­is­ter. She ob­served that the Mus­lim lead­er­ship in Uganda had not been con­sulted.

“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.

Latif Se­bag­gala, Kawempe North MP, ex­pressed his dis­plea­sure with the fail­ure by the gov­ern­ment to es­tab­lish Khadi’s Courts and an en­abling law en­vis­aged un­der ar­ti­cle 129 of the Con­sti­tu­tion of the Re­pub­lic of Uganda.

“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,” said Se­bag­gala.

The Speaker de­manded to know from the Deputy At­tor­ney Gen­eral whether there was a spe­cific time frame of when the said con­sul­ta­tions would end?

In re­sponse, the Deputy At­tor­ney Gen­eral noted that there was no set time frame and since the Cab­i­net was hav­ing its last sit­ting on the 3rd of May 2021 it was not pos­si­ble to have the dead­lines.

The Speaker urged the Deputy At­tor­ney Gen­eral to in­clude this mat­ter as pend­ing as he hands over to the next Deputy At­tor­ney Gen­eral in the com­ing gov­ern­ment.