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Two Early Surveys of Native Courts in Uganda
Published online by Cambridge University Press: 28 July 2009
Extract
The Entebbe Secretariat archives contain two interesting sets of reports on native courts compiled by district officers at the request of the Government in 1909 and 1926 respectively. The interest of the 1909 reports lies principally in the high degree of development and formalisation of the courts in the kingdoms of Buganda, Ankole and Toro, which they reveal at this early stage in the administration of the Protectorate. The Agreements of 1900 and 1901 with Buganda, Toro and Ankole had implicitly recognised the existence and jurisdiction of the indigenous courts of these kingdoms. The Buganda Agreement stated that the Kabaka should exercise direct rule over the natives of Buganda administering justice through the Lukiko and his officials. No limitation was placed on the jurisdiction of the Kabaka's courts over Buganda save in so far as appeal lay to the High Court where sentences of more than five years’ imprisonment or a fine of over £100 were imposed, whilst if other sentences were imposed, which seemed to the Commissioner to be disproportionate or “inconsistent with humane principles”, he had the right of remonstrance with the Kabaka who would then have to reconsider the sentence. Moreover, the death sentence could not be carried out without the sanction of the Commissioner. Under the Ankole and Toro Agreements “justice as between natives of the district” was to be administered by the county chiefs with appeal to the Ruler's court and a further appeal in serious cases to the officer administering the district.
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- Research Article
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- Copyright © School of Oriental and African Studies 1967
References
page 159 note 1 S.M.P. 9325.
page 159 note 2 The terms of the original Agreement were supplemented by the Buganda Judicial Agreement of 1905.
page 159 note 3 Replacing the Courts Ordinance of 1911, which had inter alia abolished British native courts.
page 160 note 1 For various reasons the Native Courts Bill of 1930 was not enacted until 1940, by which time it had been radically altered and no longer contained its original provisions removing the supervisory control of the High Court over the native courts.
page 160 note 2 Report submitted by F. A. Knowles, 3rd December, 1909.
page 161 note 1 The preparation of an abridged version of the Indian Penal Code for native courts had been proposed as early as 1904. Nothing came of the project at the time and when the matter was again raised in 1920 the Chief Justice advised against such a course of action.
page 162 note 1 This list is signed on behalf of the three Regents.
page 163 note 1 Submitted by A. H. Watson, 24th November, 1909.
page 163 note 2 Suspended in 1905 following the murder in the district of the Sub-Commissioner H. St. G. Galt and restored in 1912.
page 164 note 1 Report submitted by F. H. Leakey, 11th October, 1909.
page 165 note 1 Report submitted by F. Spire, 3rd December, 1909.
page 167 note 1 Ord. 31 of 1919. This empowered gazetted councils outside Buganda to make declarations as to native law and custom and to fix penalties in respect of such law. In fact, little use was made of it and what declarations, or “laws” as they were termed, as were made were not gazetted and have all fallen into abeyance save for the Ankole and Toro Landlord and Tenant Laws which in any case can scarcely be regarded as declarations of customary law.
page 167 note 2 Submitted by J. R. P. Postlethwaite, 10th February, 1926.
page 168 note 1 Deputies.
page 168 note 2 Submitted by P. W. Cooper, 10th February, 1926.
page 169 note 1 Submitted by A. E. Weatherhead, 5th March, 1926.
page 170 note 1 Submitted by E. B. Haddon, 7th April, 1926.
page 171 note 1 Submitted by J. G. Rubie, 8th February, 1926.
page 172 note 1 Submitted by C. Bradley, 11th February, 1926. Chua is now the eastern portion of Gulu District.
page 173 note 1 Submitted by J. B. Harvey, 22nd February, 1926.
page 174 note 1 Submitted by F. H. B. Sandford, 27th February, 1926.
page 174 note 2 A marginal note made by the Governor on the Secretariat file reads “How do they know it?”.