On the other hand dowry [Emihingiro] is never demanded. I have learnt that in some cultures in
India, dowry is demanded by the parents of the groom from the parents of the bride. This
however, is not the practice in most African cultures. At any rate, it does not seem to exist in
Uganda.
Secondly, dowry [Emihingiro] as practiced in Uganda is for the use and enjoyment of the bride
and the bridegroom and not their parents or relatives.
Thirdly, when the marriage breaks down, dowry [Emihingiro] is never refunded. I wish to make
it clear again that in this petition, the dowry [Emihingiro] aspect of a customary marriage are not
being challenged at all and do not form part of any issue for determination. It is the bride price
[Enjugano] aspect of the customary marriages that is being challenged as being unconstitutional.
Article 2 of the Constitution states:“2(1) This Constitution is the Supreme law of Uganda and shall have
binding force on all authorities and persons throughout Uganda.
(2)
if any law or any custom is inconsistent with any of the provisions of
this Constitution, the Constitution shall prevail, and that other law
or custom shall, to the extent of the inconsistency, be void.” [Emphasis mine]
In this petition, the main issue for determination is whether the traditional custom of demanding
bride price, practiced in many tribes in Uganda, contravenes any provision of the Constitution of
Uganda. The petitioners contend that to the extent that bride price involves involuntary payment
of money and properties in exchange for the bride, and the properties must be refunded on the
marriage being dissolved, the custom is unconstitutional.
The respondents contend that payment of bride price is a custom protected by article 37 of the
Constitution which states:“Every person has a right as applicable to belong to, enjoy, practice, profess,
maintain and promote any culture, cultural institution, language, tradition, creed or
religion in community with others.” [Emphasis mine]
Three issues have been condensed from a host of several issues originally agreed at the
scheduling conference to make it easy to deal with only one broad issue of bride price. I have
already stated the issues earlier in this judgment and I now proceed with them individually:ISSUE NO.1
This is whether the payment of bride price fetters the free consent of the persons intending to
marry contrary to article 31(3) of the Constitution. This article states:-
58
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents