On the refund of bride price at the dissolution of customary marriage, the second respondent
submitted that it is an essential element of customary marriage to avoid unjust enrichment to the
bride’s family.
On the claim by the petitioners that payment of bride price leads to violence against women, he
stated that there is no correlation between violence and bride price.
He, too prayed for the dismissal of the petition.
The mandate of the Constitutional Court as set out under Article 137 of the Constitution and
decided cases is to interpret the Constitution make a declaration to that effect and to grant redress
where appropriate. In order for the petitioners to succeed they have to prove that the payment
and refund of bride price as practiced by different tribes in Uganda is an act or omission which is
inconsistent with the articles of the Constitution which they cited. The test to be applied is an
objective one. The following were the articles which they allege are violated:
Article 21 protects equality and freedom from discrimination. It reads:
“(1) All persons are equal before and under the law in all spheres of political, economical, social
and cultural life and in every other aspect and shall enjoy equal protection of the law.
(2)Without prejudice to clause (1) of this article, a person shall not be discriminated against on
ground of sex, race, colour ethnic origin, tribe, birth, creed or religion or social or economic
standing, political opinion or disability.
(3)For the purposes of this article “discriminate” means to give different treatment to different
persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic
origin, tribe, birth creed or religion or social or economic standing, political opinion or disability.
(4)………..
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under
any provision of this Constitution.”
Article 31(3) reads:
“Marriage shall be entered into with the free consent of the man and woman intending to marry”
Article 33 reads:
“(1) Women shall be accorded full and equal dignity of the person with men.
(2)………
(3)………..
21
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