even a very old coin or such other symbolic items. Furthermore, there is no such concept as
refund of ‘mutwalo’ “bride-price” in Buganda as it is in the Eastern region.
I think it should further be born in mind that cultural rights or customs being directly related to
an individual’s identity are very crucial to the enjoyment of all other rights. Their promotion
and protection is a vital prerequisite for the completeness and fulfillment of a human
being. The National Objectives and Directive Principles of State Policy XXIV positively
protect these cultural practices. Article 37 encapsulates it: “37…. Every person has a right
as applicable, to belong to, enjoy, practice, profess, maintain and promote any culture,
cultural institution, tradition, ….in community with others”.
The respondents denied the existence of such a thing as price contending that no bride is
offered for sale and no purchaser buys any bride – See paragraph 4 (a) of Dr. Mpayirwe’s
affidavit. I agree with him that the term “bride-price” is a misnomer coined by colonialists
who did not appreciate the meaning and significance of certain cultural rites and ceremonies
which include the exchange of intrinsically unique gifts which are merely symbolic as a sine
quo non of a marriage. These are a form of appreciation to the bride’s parents / guardians for
her nurturing and upbringing.
This valued customary practice should be clearly distinguished from what is obtaining these
days when prospective grooms out of sheer egotism are obliged to take lorryfuls of goods to
their future in-laws. This is an adulteration of the time-honoured ‘kwanjula’ – payment of the
bride-price which is intended to be a very private ceremony at least in Buganda. Some also
tend to confuse this with the Kinyankore custom of ‘okuhingira’ where a bride is sent off
properly facilitated to start a home as stated by Mr. Kakuru.
Ms Mutesi summed it all up by pointing out that there are various forms of marriage in Uganda
legally recognized which do not involve customary rites / practices, from which the petitioners
could choose, before seeking to abolish other people’s cultures.
I observe that all the deponents of the affidavits in support of the petition concentrated on
incidences of domestic violence allegedly consequent upon failure to effect refunds of brideprice. I found this evidence lacking in data. Domestic violence is a worldwide plight to
women/men which has received United Nations’ attention - The Declaration on the Elimination
of Violence Against Women – (General Assembly Resolution 48/104 of 1993) specifically
enjoins member states to pursue policies to eliminate violence against women. The Domestic
Violence Bill is still in the offing, hopefully the Act will soon emerge to take care of the
situation. Curiously, violence is more prevalent in countries where the term ‘bride-price’ is
unheard of, with the exception of India, but even in the case of India it is the payment of
insufficient dowry by the bride which is the cause of domestic violence and suicide. It is not
due to “bride-price”.
I thus conclude by saying that in face of the divergent cultural beliefs and practices with
different people valuing their own, courts should not be quick to extract them by slapping a
blanket declaration banning them on ground of unsoundness. This would rob the various
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