Africa-Press – Uganda. Speaking during the 19th Lawyers’ Day organised by the Nkumba University Law Society, Mr Mayiga highlighted how colonial laws disrupted the integration of culture and law in Uganda.
Katikkiro of Buganda, Charles Peter Mayiga, has called for the harmonization of Uganda’s native cultural values with modern legal systems, urging efforts to address the divisions caused by colonial-era influences.
Speaking during the 19th Lawyers’ Day organised by the Nkumba University Law Society, Mr Mayiga highlighted how colonial laws disrupted the integration of culture and law in Uganda.
He noted that pre-colonial Buganda operated a justice system deeply rooted in cultural traditions, which emphasized harmony and reconciliation.
However, the legal framework introduced by colonialists replaced these systems with adversarial approaches that often dismissed native laws as inferior.
Katikkiro Mayiga pointed out that Buganda’s traditional justice system was inquisitorial and focused on reconciliation, unlike the adversarial English system.
He noted that colonial-era land and family laws, such as those concerning communal land ownership and polygamy, also conflicted with traditional practices, creating lingering challenges in modern Uganda.
He argued that Uganda’s legal framework should be informed by its cultural heritage rather than relying solely on foreign systems.
The colonial “repugnance test,” which evaluated native laws through a Eurocentric lens, was criticized by Mayiga, who called for pragmatic approaches based on what works best for Ugandan society.
Mayiga emphasized the need to move beyond historical grievances and focus on practical solutions.
While acknowledging the lasting impact of colonialism, he urged Ugandans to adopt forward-thinking strategies that blend native traditions with modern legal principles.
He expressed dissatisfaction with those who dwell on the injustices of the past without offering concrete solutions, stressing the importance of building an inclusive and effective legal system.
In his address, Mayiga advocated for a federal system of governance, suggesting that decentralization would allow regions to implement laws and dispute resolution mechanisms that align with their cultural practices.
The Buganda premier emphasized the role of education in bridging the divide between cultural traditions and modern law, proposing that Uganda’s curriculum integrate both to promote understanding and respect.
The Katikkiro called on Parliament to involve traditional leaders and community representatives in the legislative process, emphasizing that effective laws must reflect the cultural context of Uganda’s diverse communities.
Mr Mayiga also encouraged formalizing traditional dispute resolution mechanisms, such as mediation and arbitration, which he believes can address gaps in the current justice system.
Citing a 2020 survey, he noted that nearly 70 percent of legal issues in Uganda remain unresolved or are perceived as unfair.
Mr Mayiga commended ongoing efforts by Chief Justice Alphonse Owinyi-Dollo to adapt traditional justice practices for modern use.
He concluded by celebrating Uganda’s cultural heritage and urging the nation to build a legal framework that respects its traditions while meeting contemporary challenges.
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