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THE CONSTITUTION

OF

OBWAKYABAZINGA BWA BUSOGA

PROMULGATED BY

THE ISEBANTU KYABAZINGA OF BUSOGA

AT BUGEMBE HEADQUARTERS

ON THE THIRTIETH DAY OF DECEMBER 2000

DRAWN BY:

THE TRADITIONAL/ CULTURAL GOVERNMENT OF OBWA KYABAZINGA BWA BUSOGA

ELECTRONIC VERSION REPRODUCED BY: MRS MAUREEN KYALYA WALUUBE

(PRESIDENTIAL ADVISOR & COORDINATOR POVERTY ALLEVIATION/ BUSOGA REGION).

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ACKNOWLEDGEMENTS:

Obwa Kyabazinga bwa Busoga acknowledges with appreciation the important

roles played by the following individuals and groups in the making of the Busoga

Constitution.

Busoga Cabinet (see appendix I)

Busoga Lukiiko (see appendix II)

The First Busoga Lukiiko Constitution Committee (see Appendix III)

Chaired by Ow’ek. S. Baite-Munobwa.

The second Busoga Lukiiko Constitution Committee (see appendix IV)

Chaired by Ow’ek E.K. Mutyabule

Abensikirano whose version of the draft constitution ably articulated the cultural

aspect of the constitution (see appendix V)

The Busoga Constitution Review Committee (see appendix VI) Chaired by Ow’ek

W.W. Kiwagama.

Ow’ek. Alfred Mugoda who was secretary to all the Committees.

Munulo and Co. Advocates for taking care of the legal language.

Ms. Sarah C. Nampindo for typing the document.

Above all the inspiration and guidance provided throughout the entire

constitution making process by HRH the Isebantu Kyabazinga Henry Wako Muloki

O.B.E.

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TABLE OF CONTENTS

Page

ACKNOWLEDGEMENTS 2

INTRODUCTION 6

PREAMBLE 7

OBJECTIVES 10

ARTICLE 1: 11

ARTICLE 2: THE CULTURAL RIGHTS OF THE ELEVEN TRADITIONAL CHIEFS OF BUSOGA

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ARTICLE 3: ESTABLISHMENT OF THE BUSOGA HEREDITARY CHIEFS ROYAL COUNCIL

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ARTICLE 4: THE FUNCTIONS, ROLES AND POWERS OF THE BUSOGA CHIEFS ROYAL COUNCIL (BCRC)

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ARTICLE 5: ELIGIBILITY FOR ELECTION TO THE OFFICE OF THE ISEBANTU KYABAZINGA

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ARTICLE 6: ELECTION OF THE ISEBANTU THE KYABAZINGA OF BUSOGA

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ARTICLE 7: THE ROLES, FUNCTIONS AND POWERS OF THE ISEBANTU KYABAZINGA

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ARTICLE 8: TENURE OF OFFICE OF THE ISEBANTU KYABAZINGA 17

ARTICLE 9: RIGHTS AND PRIVILEDGES OF THE KYABAZINGA 18

ARTICLE 10: THE BUSOGA LUKIIKO 19

ARTICLE 11: ROLES, FUNCTIONS AND POWERS OF THE BUSOGA LUKIIKO

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ARTICLE 12: TENURE OF BUSOGA LUKIIKO 22

ARTICLE 13: QUALIFICATIONS TO BE A MEMBER OF THE BUSOGA LUKIIKO

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ARTICLE 14: MEETING OF THE BUSOGA LUKIIKO 23

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ARTICLE 15: THE DUTIES AND POWERS OF THE KATIKIRO 24

ARTICLE 16: THE DUTIES AND POWERS OF THE SPEAKER OF BUSOGA LUKIIKO

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ARTICLE 17: THE DISCIPLINARY ROYAL POWERS OF THE ISEBANTU KYABAZINGA, THE BUSOGA CHIFS ROYAL COUNCIL AND THE HEREDITARY CHIEFDOM CHIEFS OF BUSOGA

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ARTICLE 18: THE CABINET MINISTERS OF OBWA KYABAZINGA BWA BUSOGA

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ARTICLE 19: COMPOSITION OF THE CABINET MINISTERS 29

ARTICLE 20: THE BUSOGA CLAN LEADERS (ABAKUNGANIA COMMITTEE)

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ARTICLE 21: THE BUSOGA BAMBEDHA ROYAL COMMITTEE (BBRC)

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ARTICLE 22: TENURE OF THE VARIUOS BODIES AND COMMITTEES SET UP BY VIRTUE OF THE PROVISIONS OF THIS CONSTITUTION

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ARTICLE 23: ELECTIONS GENERALLY 34

ARTICLE 24: THE LEGAL STATUS OF OBWA KYABAZINGA BWA BUSOGA

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ARTICLE 25: THE CONTRACTS/ AGREEMENTS BOARD OF THE OBWA KYABAZINGA BWA BUSOGA

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ARTICLE 26: THE PROPERTIES OF OBWA KAYABAZINGA BWA BUSOGA AND THE ELEVEN HEREDITARY CHIEFS OF BUSOGA AND MANAGEMENT OF THE SAME

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ARTICLE 27: PROVISIONS RELATING TO FINANCE AND BANKING 40

ARTICLE 28: 42

A PROTOCOL AT NATIONAL FOR A/FUNCTIONS 42

B PROTOCOL AT BUSOGA FOR A/FUNTIONS 42

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ARTICLE 29: OATH BY ANY PERSON ELECTED OR APPOINTED TO ANY THRONE OR OFFICE IN OBWA KYABAZINGA BWA BUSOGA

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ARTICLE 30: FLAG 43

ARTICLE 31: OFFICIAL SEAL 43

ARTICLE 32: ADMINISTRATION 43

ARTICLE 33: LUSOGA LANGUAGE 43

ARTICLE 34: BUSOGA ANTHEM 43

ARTICLE 35: COATS OF ARMS 44

ARTICLE 36 AMMENDMENT OF THE CONSTITUTION 44

ARTICLE 37: TRANSITIONAL PROVISIONS 44

ARTICLE 38: MISCELLANEOUS MATTERS 44

PART A: BUSOGA TRADITIONAL COURTS 44

PART B: 45

PART C: 46

PART D: 46

PART E: 46

PART F: INTERPRETATION 46

PART G: NOTICE TO PUBLIC 47

HIERARCHY OF THE OBWA KYABAZINGA BWA BUSOGA 48

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INTRODUCTION

It is well known that before Uganda became a British Protectorate, Busoga had

eleven independent chiefdoms ruled by the following hereditary chiefs:-

1. The Gabula of Bugabula

2. The Zibondo of Bulamogi

3. The Ngobi of Kigulu

4. The Luba of Bunya

5. The Menha of Bugweri

6. The Wakooli of Bukooli

7. The Ntembe of Butembe

8. The Tabingwa of Luuka

9. The Kisiki of Busiki

10. The Nkono of Bukono

11. The Nanhumba of Bunhole.

Each of the above chiefs was completely independent and was equivalent to a

king.

When the British established a protectorate over Uganda during colonial rule,

they devised a method of ruling Uganda indirectly through traditional hereditary

rulers like the above.

As there were several hereditary chiefs in Busoga, the British invented the idea of

establishing a Central Government of Busoga. It was first established at Chief

Luba’s Mpunga (Palace) at Bukaleba (Bunya) and later in Kigulu of Ngobi and still

at a later stage at Bugembe in Butembe where it still stands to date.

In the initial arrangement invented by the British colonialists, the eleven

hereditary rulers had to rule Busoga in turns for specified periods at the said

headquarters, but the arrangement collapsed after working for some time, as it

was shunned by some hereditary chiefs while, those who initially participated in

it, soon got tired or disgusted as they had to leave their palaces and families for

somehow long periods to serve as Busoga heads at the said headquarters.

The eleven hereditary chiefs instead demanded that, one of them should be

elected by them or with their approval to head the Busoga Central Government

and to rule over Busoga indirectly through them.

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This demand was accepted by the British Colonial rulers and accordingly in 1919

Chief Ezekeri Wako Zibondo of Bulamogi was elected President of Busoga, but the

word “President” had no basis in the culture and traditions of Busoga, the eleven

hereditary chiefs and the then Busoga Lukiiko decided to rename the post as the

“Isebantu-Kyabazinga of Busoga” in 1939.

The constitution of Uganda 1962, recognised and confirmed the Kyabazingaship

institution of Busoga with its eleven hereditary chiefdomships.

The constitution of Uganda 1967 abolished traditional/cultural rulers in Uganda.

The Constitution of Uganda 1995 restored the traditional/cultural rulers in

Uganda.

PREAMBLE

WHEREAS the Constitution of Uganda 1995 restored and revived

Cultural/Traditional leaders/ Rulers in Uganda.

AND WHEREAS the 1995 Constitution of Uganda limits the roles of

Traditional/Cultural rulers to cultural, social and traditional roles only.

AND WHEREAS, the eleven Hereditary Traditional Chiefdoms of Busoga are

desirous to preserving and maintaining their old culture/tradition of unity and

solidarity under one central/ overall/ traditional ruler of Busoga viz Isebantu

Kyabazinga of Busoga under whom they are thus united.

AND WHEREAS we strongly maintain and believe that the role of the Obwa

Kyabazinga bwa Busoga is to promote, protect and to preserve the cultural and

traditional rights and interests of the eleven Chiefdoms of Busoga, the

Kyabazingaship of Busoga.

AWARE that the unity of the Busoga Chiefdoms into the Kyabazingaship promotes

positive solidarity and unity in the social, economic, cultural and traditional affairs

of the Chiefdoms of Busoga which in turn promotes quick development among

the people of Busoga.

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AND WHEREAS this Constitution must (in conformity) with the provisions of the

Constitution of Uganda (1995) be cultural/ traditional in text, nature, outlook and

character.

We have assembled this thirtieth day of December 2000 with a strong and

genuine determination to re-affirm our union and solidarity under this

Constitution for purposes of reviving, promoting, maintaining and preserving the

Kyabazingaship of Busoga as well as maintaining our cultural identity while

consolidating, sustaining and preserving the useful cultures and traditions of the

Basoga under the cultural Kyabazinga and we the signatories hereto, do herby as

the cultural/ traditional leaders on behalf of ourselves and all the chiefdoms and

people of Busoga subscribing to Busoga cultures and traditions within or outside

the boundaries of Busoga, solemnly adopt this Constitution (hereafter called The

Constitution of Obwa Kyabazinga bwa Busoga) for ourselves and the people of

Busoga in the current and future generations this thirtieth day of December in

the year 2000.

Signed by: His Royal Highness the Isebantu Kyabazinga of Busoga

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OBJECTIVES:

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1. To preserve, to protect and to unite the eleven traditional Chiefdoms of Busoga under one central cultural/traditional leader Viz. the Isebantu Kyabazinga.

2. To provide a unified traditional cultural leadership to the people of Busoga. 3. To provide for a proper and well defined system for gaining access to the

Kyabazingaship throne. 4. To provide for a clear and well defined system of governance and

administration in the Obwa Kyabazinga bwa Busoga. 5. To make provisions for enabling the people of Busoga to positively exploit

the unity under the Obwa Kyabazinga bwa Busoga for social and economic progress/ development.

6. To provide for the cooperation between the Obwa Kyabazinga bwa Busoga and other Kingdoms/ Chiefdoms in Uganda and the rest of the world as well as the Government of Uganda and other Governments throughout the world.

7. To preserve, protect and promote the cultures and traditions of the people of Busoga, which are not contrary or repugnant to the principles of equity, natural justice and good conscience.

8. To recognise and accommodate social groups which were hitherto marginalised e.g. the youth, women, disabled persons to fully participate in the Obwa Kyabazinga bwa Busoga.

9. To establish a trusteeship to take charge of the movable and immovable assets of the Kyabazingaship.

10.To provide for the development of the Lusoga language to the level of becoming a viable lingua for Busoga.

11.To streamline and update the role and scope of positive customary and traditional practices ensuring maintenance of those values signifying the cultural dignity of the Basoga.

12.To provide for the mobilisation of resources, financial or otherwise for the sustenance of the institution.

13.To guide and encourage self-help projects in the Sub region. 14.To inculcate a spirit of honesty and transparency among all those charged

with any responsibility in running the affairs of the Obwa Kyabazinga bwa Busoga.

15.The Obwa Kyabazinga Bwa Busoga as enshrined in the Constitution is accorded a corporate body status with perpetual traditional succession with the capacity to sue and be sued.

Article 1:

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The Chiefdoms forming Obwa Kyabazinga Bwa Busoga (United Chiefdoms of

Busoga) shall consist of /be composed of the Isebantu Kyabazinga as the overall

traditional cultural head/rulers, the Issabalangira of Busoga and the following

eleven traditional Chiefdoms of Busoga headed by eleven hereditary traditional

chiefs namely:-

1. The Gabula of Bugabula

2. The Zibondo of Bulamogi

3. The Ngobi of Kigulu

4. The Luba of Bunya

5. The Menha of Bugweri

6. The wakooli of Bukooli

7. THE Ntembe of Butembe

8. The Tabingwa of Luuka

9. The Kisiki of Busiki

10. The Nkono of Bukono

11. The Nanhumba of Bunhole

ARTICLE 2: THE CULTURAL RIGHTS OF THE ELEVEN TRADITIONAL

CHIEFS OF BUSOGA

The cultural and traditional rights of each of the eleven traditional hereditary

chiefs in Busoga to rule over or to lead his Chiefdom in traditional and cultural

matters/ affairs is hereby recognised, confirmed and guaranteed by this

constitution subject to the provisions of the Constitution.

ARTICLE 3: ESTABLISHMENT OF THE BUSOGA HEREDITARY

CHIEFS ROYAL COUNCIL

(i) There shall be a Busoga Hereditary Chiefs Royal Council (hereinafter

referred to as the Busoga Chiefs Royal Council) of Obwa Kyabazinga Bwa

Busoga.

(ii) The Busoga Chiefs Royal Council shall consist of/ be composed of the

eleven hereditary traditional county chiefs of Busoga and the

Issabalangira who shall be elected by them to that office at a meeting

chaired by the Isebantu or by any such Chief elected to preside over

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such meeting by the other Chiefs in case there is no incumbent Isebantu

Kyabazinga.

(iii) The Issabalabgira shall be elected from among the NON-BAISE NGOBI

Traditional Hereditary County Chiefs but the electorate may elect a

Mwise Ngobi if they so wish.

(iv) The Issabalangira shall be introduced to the Busoga Lukiiko or where

necessary, to the Isebantu Kyabazinga by three members of the Chiefs

Royal Council appointed for that purpose following his election to that

office.

(v) Members of the Chiefs Royal Council shall be given maximum respect

befitting of a royal Traditional Ruler and they shall be VIP’S entitled to

be issued with VIP Travel Documents/ passport.

ARTICLE 4: THE FUNCTIONS, ROLES AND POWERS OF THE

BUSOGA CHIEFS ROYAL COUNCIL (BCRC)

The Chief’s Royal Council shall have the following functions, roles and

powers.

(i) The Chiefs Royal Council shall be the Custodian and preserver of

the cultures, traditions and practices governing or relating to the

traditional/cultural rulers of Busoga and the cultures/ traditions

of the people of Busoga as a whole under the Isebantu

Kyabazinga of Busoga.

(ii) To promote, protect and preserve and to uphold the objectives of

this constitution in line with its cultural /traditional spirit under

the Isebantu Kyabazinga.

(iii) To cooperate with and work hand in hand with the Isebantu

Kyabazinga of Busoga, in the promotion, preservation and

protection of the traditions and cultures of Busoga.

(iv) To consult on important matters pertaining to the Obwa

Kyabazinga Bwa Busoga with the Busoga Lukiiko and other bodies

of the institution on various matters in connection herewith.

(v) The Chief’s Royal Council may in consultation with Busoga Lukiiko

initiate policies, rules and regulations for the Obwa Kyabazinga

Bwa Busoga.

(vi) To settle succession disputes in respect of the thrones of the

eleven Hereditary cultural chiefdoms of Busoga, provided that if

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any party to such dispute is dissatisfied, with their decision shall

have a right to institute court proceedings in respect of the same

in courts of law established by the Government of the Republic of

Uganda.

(vii) It shall be the duty of the Chiefs Royal Council to elect the new

Isebantu Kyabazinga whenever the throne falls vacant from the

Hereditary County Chiefs who belong to the Baise Ngobi Royal

Clan which has sovereignty over a bigger number of Chiefdoms in

Busoga, than other Hereditary traditional County Chiefs belonging

to other Royal Clans.

The Hereditary Traditional County Chiefs referred to under this

sub article are the Gabula of Bugabula, the Zibondo of Bulamogi,

the Ngobi of Kigulu, the Tabingwa of Luuka and the Nkono of

Bukono.

(viii) To ensure that each Hereditary Cultural Chief repossesses or gets

his cultural or traditional lands, regalia, palaces, tombs, fishing

sites, markets and other properties belonging to his throne or to

him as a traditional hereditary ruler from the Government of

Uganda or other organisation, body or person in possession of the

same at any time or period.

(ix) The Chiefs Royal Council shall have powers to make rules and

regulations for the effective conduct or execution of its duties and

functions and for governing its procedures at meetings and other

functions.

ARTICLE 5: ELIGIBILITY FOR ELECTION TO THE OFFICE OF THE

ISEBANTU KYABAZINGA

Subject to other provisions herein above a person qualifies to be elected to the

throne of the Isebantu Kyabazinga of Busoga if:

(i) He is a hereditary traditional ruler of a Chiefdom in Busoga belonging to

the Baise Ngobi Royal Clan or a son or grandson of the same.

(ii) He can express himself clearly and fluently in written and spoken Lusoga

or its dialects and in written or spoken National Language of Uganda.

(iii) He is not insane or of unsound mind or undischarged bankrupt.

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(iv) He has never been convicted in Courts of law of any offences falling in

the category of immoral, theft, robbery or fraud offences the maximum

sentence of which under the laws of Uganda is not less than 2 years

imprisonment.

(v) He loves, upholds and respects the Obwa Kyabazinga Bwa Busoga, as

well as the good cultures and traditions of Busoga.

(vi) He is, in the judgement, eyes or assessment of the Chiefs Royal Council,

capable of ensuring, sustaining and maintaining an efficient and orderly

administration and management of the affairs of the Obwa Kyabazinga

Bwa Busoga, without bringing the Kyabazingaship institution, the other

Hereditary Chiefdoms Chiefs and Busoga into disrepute or disunity.

(vii) He is a dignified, confident person of good character with self-respect

and respect for others.

(viii) In case there is no adult person who qualifies for election to the throne

of Isebantu Kyabazinga of Busoga, a minor may be elected Isebantu

Kyabazinga from and among the categories of people specified here and

above and if a minor is elected Isebantu/ Kyabazinga, the Issabalangira

of Busoga and two other persons elected by the Chiefs Royal Council

shall act as his regents.

The three regents provided for under this sub-Article shall elect their

chairperson or where they fail to do so, the Chiefs Royal Council shall

elect one of them to act as such chairman and shall henceforth be

officially addressed as or referred to as the Chief Regent.

ARTICLE 6: ELECTION OF THE ISEBANTU KYABAZINGA OF BUSOGA

(i) If and when the throne of the Isebantu Kyabazinga falls vacant, the

Issabalangira shall automatically become acting Isebantu Kyabazinga,

pending election of the new Isebantu Kyabazinga.

(ii) Whenever the throne of the Isebantu Kyabazinga falls vacant, the new

Isebantu Kyabazinga shall be elected within a period of 60 (sixty) days

and in any case no later than 90 (ninety) days from the day the throne

fell vacant, provided that if the Chiefs Royal Council fails to act within

the time limits herein due to circumstances or conditions beyond their

control, the period shall automatically be extended for a further 60

(sixty) days.

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(iii) Upon the throne of the Isebantu Kyabazinga becoming vacant the

Chairman of the Chiefs Royal Council shall, upon serving a 21 (twenty

one) days written notice to all members of the Chiefs Royal Council

convene a meeting of the Chiefs Royal Council at Bugembe Lukiiko or

any other specified venue in case for some good reasons it is impossible

to hold the meeting at Bugembe and at a specified time for purposes of

electing the new Isebantu Kyabazinga.

(iv) If without reasonable cause the Chairman of the Chiefs Royal Council/

Issabalangira fails, neglects, refuses, or ignores to convene a meeting of

the Chiefs Royal Council for purposes of electing the new Isebantu

Kyabazinga within 40 (forty) days from the date when the office of the

Kyabazinga fell vacant, then the members of the Chiefs Royal Council

may pass a vote of no confidence against him at a meeting convened at

the issuance of any three of the members of the Chiefs Royal Council

following a 14 (fourteen) days written notice to the other members, and

if a vote of no confidence against him is passed, he shall hence forth

cease to be the Issabalangira and Chairman of the Chiefs Royal Council,

which shall hereafter elect another person to replace him.

(v) The quorum of the Chiefs Royal Council for purposes of electing the

Isebantu Kyabazinga or the Issabalangira shall be 8 (eight) members of

the Chiefs Royal Council physically present at the meeting convened for

such purpose provided that where there is a draw in votes at such

meeting, the Chairman shall have one additional casting vote.

(vi) Upon his election the new Isebantu Kyabazinga shall formally notify his

acceptance in writing to the Issabalangira within 30 (thirty) days after

the election.

(vii) After his election, the new Isebantu Kyabazinga shall be introduced by

the Issabalangira to the Busoga Lukiiko for approval in the presence of

not less than 7 (seven) of the Chiefs Royal Council within 21 (twenty

one) days following his election to the throne, but for avoidance of

doubt he shall commence his duties as Isebantu Kyabazinga

immediately after his election and if for any good cause, the Chiefs

Royal Council fails to introduce him as provided herein within 21 days,

they shall introduce him at any appropriate time.

(viii) The Isebantu Kyabazinga once approved by the Busoga Lukiiko shall be

enthroned not later than 9 (nine) months at the Bugembe

Kyabazingaship Headquarters.

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(ix) The new Isebantu Kyabazinga shall undertake a service and allegiance

oath prescribed herein at his enthronement before the people of

Busoga.

ARTICLE 7: THE ROLES, FUNCTIONS AND POWERS OF THE

ISEBANTU KYABAZINGA

1. To promote and to work for solidarity and unity among the eleven chiefdoms of Busoga.

2. To act as the head/ overall traditional/cultural ruler of Busoga in accordance with the provisions of this constitution.

3. To protect, to preserve and to promote the cultures and traditions of the eleven chiefdoms of Busoga.

4. To promote and to work for unity and solidarity among the eleven Chiefdoms of Busoga, in social, cultural, traditional and economic spheres/fields.

5. To promote and work for the progress of and development wherever possible of the eleven Chiefdoms of Busoga.

6. To represent Busoga at important public or Government functions in case his presence is necessary.

7. To promote and to work for unity and cooperation between the Obwa Kyabazinga Bwa Busoga and the other Kingdoms/ Chiefdoms in Uganda and the rest of the world.

8. The Isebantu Kyabazinga shall be the supreme traditional/cultural ruler of the Obwa Kyabazinga Bwa Busoga.

9. To appoint the Katukiro and other members of his Administrative Cabinet Viz Ministers and other Officers in accordance with the provisions of this Constitution.

10. To perform any other such duties as necessary or inevitable for the attainment of the objectives set out in this Constitution.

ARTICLE 8: TENURE OF OFFICE OF THE ISEBANTU KYABAZINGA.

1. Subject to any other provisions herein to the contrary, the Isebantu

Kyabazinga once elected shall hold that throne until his death.

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2. Notwithstanding the foregoing provisions, any incumbent Isebantu

Kyabazinga shall be retired or removed from the Kyabazingaship throne by

the Chiefs Royal Council if :-

(a) He is declared a person of unsound mind or insane or senile by a

competent Government medical hospital or competent medical

practitioner.

(b) He is convicted of any crime of immoral nature, theft or fraud related

offence and sentenced to not less than two years imprisonment without a

fine as an alternative sentence.

(c) He is unable to discharge or to execute his duties as Isebantu Kyabazinga

due to persistent illness for a period of not less than two and half years.

(d) He resigns by a written letter signed by him and addressed to the Chairman

of the Chiefs Royal Council, and such resignation shall take effect from the

date of the Chiefs Royal Council acknowledges his written letter addressed

and delivered to him and copied to the Busoga Lukiiko and the Government

authorities unless he denies being the author of the resignation letter.

(e) He goes into exile or goes missing without reasonable cause for a period of

not less than three years.

(f) Upon the Chiefs Royal Council passing a vote of no confidence against him

on grounds that he is deliberately, consciously and seriously infringing or

violating the provisions of this Constitution and has been cautioned for not

less than five times over a period of not less than two years but failed to

desist from such acts of infringement or violation.

3. If the Isebantu is dissatisfied with his removal or retirement from the

Kyabazingaship throne he may contest the same in a competent Court of

law.

4. (a) That Kyabazinga shall not be removed, retired or suspended from the

throne or no vote of no confidence shall be passed against him by the

Chiefs Royal Council before he is given a chance to be heard by the Chiefs

Royal Council or to defend himself before such Council following 21 days of

written notice to him served by the Issabalangira for that purpose.

(b) The removal, retirement or suspension of the Isebantu Kyabazinga by

the Chiefs Royal Council shall be subject to approval by the Busoga Lukiiko.

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5. A person removed or retired from the Kyabazingaship throne shall be

eligible for re-election to the same throne if he is found fit or suitable later

on in accordance with the provisions of this constitution.

6. In case of absence from Busoga or from Uganda of the Isebantu Kyabazinga

or in the case the Kyabazinga is incapable of discharging his duties due to

illness or other cause the Issabalangira or other royal hereditary chief

appointed by the Chiefs Royal Council in case the Issabalangira is also not

available shall act as a caretaker Kyabazinga, until the Isebantu Kyabazinga

returns to Busoga, or recovers from the incapacity, subject to other

provisions herein, unless there is contrary written communication from the

Kyabazinga in this regard.

ARTICLE 9: RIGHTS AND PRIVILEDGES OF THE KYABAZINGA

1. The Isebantu Kyabazinga shall enjoy rights and privileges given to

Traditional/ cultural rulers/leaders under the Constitution of Uganda 1995

and any other subsequent Constitutions as well as past current and future

legislations.

2. He will be issued with VIP travel documents befitting his status.

3. The Kyabazinga shall carry a title of royalty, prefixed to his name Viz. His

Royal Highness The Isebantu Kyabazinga of Busoga.

4. The Kyabazinga shall enjoy any other privileges, benefits and rights as long

as the enjoyment of the same is not inconsistent with the Constitution of

Uganda in force at any material time and this Constitution or as long as the

enjoyment of the same is not illegal or repugnant to equity and natural

justice.

5. The Kyabazinga will be exempted from paying personal/ Graduated Tax.

ARTICLE 10: THE BUSOGA LUKIIKO

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1. There shall be a Busoga Lukiiko which shall be the Supreme policy making

body/administrative organ of Obwa Kyabazinga bwa Busoga.

2. COMPOSITION: The Busoga Lukiiko shall be composed of the following

categories of members.

(a) The Katukiro

(b) The Speaker

(c) All heads of Clans (Abakungania) in Busoga shall through their

Bakungania Committee nominate eleven persons one from each

Chiefdom and forward the same to Isebantu Kyabazinga of Busoga who

shall with consultation with the Chiefs Royal Council appoint such

nominees to represent the Heads of Clans (Abakungania) in the Busoga

Lukiiko.

(d) All clans in each of the eleven hereditary Chiefdoms in Busoga shall

jointly elect five persons from each Chiefdom three of whom shall be

elders, two men and one woman and two youth a male and a female at

a meeting convened and presided over by a Hereditary Chief.

Notwithstanding the foregoing provision Bugabula BB (Bugabula,

Budiope, Buzaya) shall be represented by ten persons, while Butembe

shall be represented by 7 (seven) and Bukooli 7 (seven) subject to

gender balance herein.

(e) The Isebantu Kyabazinga shall appoint three special representatives,

one of whom shall be a woman.

(f) Each traditional Hereditary Chiefdom Chief shall be an ex-officio

member of the Busoga Lukiiko and in case he is unable to attend the

Lukiiko meetings in person, he shall appoint in writing a suitable person

to represent him in such capacity at such meetings.

(g) The Chiefs Royal Council shall nominate one disabled person to

represent all the disabled persons in Busoga.

(h) There will be 5 (five) professionals of various disciplines appointed by

His Royal Highness the Isebantu Kyabazinga on the advice of the Chiefs

Royal Council.

(i) Busoga Lukiiko shall appoint three distinguished self –employed

/business persons in Busoga one of whom shall be a woman to

represent them in the Busoga Lukiiko.

(j) All ministers appointed from outside the Lukiiko shall be ex-officio

members of the Busoga Lukiiko.

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(k) Ex-officio members of the Busoga Lukiiko shall participate in

deliberations of the Lukiiko but shall have no voting rights.

(l) The Speaker shall be the Chairperson of the Busoga Lukiiko and in his

absence, the Deputy speaker shall act in that capacity.

(m) There shall be a clerk to the Busoga Lukiiko who shall be responsible

for keeping records of the Busoga Lukiiko proceedings and meetings.

ARTICLE 11: ROLES, FUNCTIONS AND POWERS OF THE BUSOGA LUKIIKO:

1. To positively exploit the unity and solidarity under Obwa Kyabazinga Bwa

Busoga for progress and developmental purposes, particularly in social,

cultural, economic, agricultural, industrial, education, medical and scientific

spheres or fields.

2. To invent or initiate practical ways, or means or systems for fighting

ignorance, poverty and disease in Busoga.

3. To put in place practical systems through which the well-to-do or the

educated persons can offer assistance to the poor or less advantaged, or

less abled people of Busoga to enable them to further their education or to

improve their income earning capacities or to improve their standards of

living, or to acquire capital or land for establishing profitable commercial,

industrial or agricultural enterprises.

4. To put in place a practical system through which useful business/

commercial feasibility studies, or useful knowledge, ideas and information

for purposes of success in business, trade, commerce, agriculture, and

industrial affairs can be passed on to the people of Busoga.

5. To work for the improvement of the Hospitals and schools in Busoga and if

necessary to establish new ones.

6. To work for the establishment of Institutions of higher learning in Busoga

like universities, as well as technical, agricultural, commercial, business,

nursing and teacher training colleges.

7. To work for the provision and improvement of communication systems in

Busoga e.g. roads, telephones, post office, radio TV, Newspapers and other

services as need may arise.

8. To work for the promotion of cultural, profitable and educational tourism

in Busoga.

9. To work hand in hand with well-intentioned Non-Governmental

Organisations operating in Busoga.

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10. To work for provision of clean water to the people of Busoga for domestic

and other uses.

11. To establish useful contacts with the rest of Uganda and the world in

general, subject to the provisions of this Constitution for purposes of

positive development.

12. To establish useful links and contacts with the people of Busoga living

outside Busoga and Uganda.

13. (a) The Isebantu Kyabazinga shall in consultation with the Chiefs Royal

Council appoint a Katukiro and Deputy Katukiro(s).

(b) The speaker and Deputy Speaker shall be elected by the Busoga Lukiiko

at its first sitting of the Busoga Lukiiko or whenever need arises.

(c) The Katukiro shall nominate persons suitable to be appointed Ministers

of Obwa Kyabazinga Bwa Busoga and he shall forward the same to His

Royal Highness The Isebantu Kyabazinga who may appoint them Ministers

after consultation with Chiefs Royal Council.

14. To Observe due respect to the Isebantu Kyabazinga, the eleven hereditary

traditional Chiefs of Busoga to whom they owe traditional and cultural

allegiance.

15. To put in place practical ways, means and systems for assisting the less-

abled persons or the less-advantaged classes among the people of Busoga

like the youth and women to solve the various problems peculiar to them,

to involve their standards of living, to acquire education, and to attain

economic development.

16. To initiate, to promote and to sustain income generating projects or fund

raising systems or businesses for purposes of raising income for running

Obwa Kyabazinga Bwa Busoga.

17. To guide the Katukiro regarding the performance of the Government of

Obwa Kyabazinga Bwa Busoga and where necessary to give them

instructions or directives in connection therewith.

18. Subject to the provisions of this Constitution the Lukiiko shall have powers

to set up sub bodies, such as:- committees, sub-committees, companies

and NGOs, for purposes of implementing its roles, functions and decisions.

19. The Lukiiko shall have powers to employ workers of the Obwa Kyabazinga

Bwa Busoga.

20. (a) The Lukiiko shall have powers to censure the Katukiro and the Ministers

and recommend to Isebantu Kyabazinga to take appropriate action.

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(b) The Lukiiko shall have powers to censure the Speaker and thereafter

take appropriate action such as caution, warning, reprimand, suspension or

removal from office.

21. Subject to the provisions of this Constitution the Busoga Lukiiko shall have

powers to make rules, regulations or bye-laws for purposes of enabling the

Lukiiko to execute its functions and roles, to implement its decisions and

regulate its meetings.

22. The Lukiiko shall work for the repossession of the cultural assets, lands,

palaces, tombs and shrines, markets and landing sites in the eleven

Chiefdoms of Busoga from the Government of Uganda and any

organisation, body or persons currently managing the same or in

possession of the same.

Article 12: TENURE OF THE BUSOGA LUKIIKO

(a) The Lukiiko shall have a tenure of five years hence it shall dissolve itself

at the end of the said years to pave way for the setting up of a new

Lukiiko within 60 days after such dissolution.

(b) The Isebantu Kyabazinga may dissolve the Busoga Lukiiko before the

expiry of its five years tenure of office as and when circumstance

warrant.

(c) The Isebantu Kyabazinga may when circumstances warrant, extend the

tenure of the Lukiiko for a period not exceeding twelve months.

ARTICLE 13: QUALIFICATIONS TO BE A MEMBER OF THE BUSOGA LUKIIKO

A person shall not qualify to be a member of the Busoga Lukiiko if:-

(a) He/ She is a Musoga with a Basoga clan ancestry.

(b) He/ She has not attained the age of 18 years.

(c) He/ She does not conform to the Kisoga traditions, cultural and norms.

(d) He/ She is of unsound mind.

(e) He/ She was convicted of an offence of an immoral, theft or fraud nature

and was sentenced not less than two years imprisonment within five years

preceding the elections.

(f) He/ She does not subscribe to the oath of allegiance to the Isebantu

Kyabazinga of Busoga.

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(g) He/ She does not speak any of the dialects of Busoga viz. Lutenga, Lulamogi

and Lusiginhyi or any widely spoken dialect in any of the Hereditary

Chiefdomships.

ARTICLE 14: MEETINGS OF THE BUSOGA LUKIIKO

(i) Following the election of each new Busoga Lukiiko the Issabalangira shall

convene the first meeting of the same not later than thirty days.

(ii) The first Lukiiko sitting (meeting) shall not transact any business other

than nominating two persons for approval and appointment by the

Isebantu Kyabazinga as Speaker and Deputy Speaker respectively.

(iii) The Isebantu Kyabazinga shall appoint the Speaker and Deputy

Speaker within 7 days after nominations of the same.

(iv) Subsequent meetings shall be convened by the Speaker as

chairperson of the same.

(v) A notice for convening the Lukiiko or the agenda shall be sent at least 21

days before the meeting date. Alternatively the Lukiiko may be

summoned through mass communication e.g. radio or newspapers,

provided that not less than five radio announcements at suitable times

or three newspaper publications shall be made on different days in a

week or weeks if a Lukiiko meeting is summoned through mass

communication.

(vi) The Lukiiko shall hold at least one meeting every 4 months.

Notwithstanding this provision, the speaker may on his own or on the

directive of the Isebantu Kyabazinga in consultation with the Chiefs

Royal Council or the Katukiro upon a written requisition signed by one

third (1/3) of the members of the Busoga Lukiiko convene an extra-

ordinary or an emergency meeting of the Busoga Lukiiko, the notification

of which shall be at least not less than three days.

(vii) The Katukiro shall be responsible in his official capacity for providing

any funds necessary for the convening of the Busoga Lukiiko meetings.

(viii) One third of all members shall constitute quorum at all meetings of

the Busoga Lukiiko, and such quorum shall be maintained throughout

the proceedings of each meeting.

(ix) No business, except that adjournment shall be transacted by the Lukiiko,

if there are present (besides the speaker or deputy speaker) less than

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one-third of the total membership of the Busoga Lukiiko or less than the

required quorum for any business.

(x) Questions proposed for decision of the Lukiiko shall, as far as possible be

determined by a simple majority of the members present and voting,

except that where the motion before the Lukiiko is a vote of no

CONFIDENCE, one half majority of all members shall be required to carry

the motion.

(xi) Where there is a tie in votes, the issue shall be rested for a period not

less than 30 minutes and thereafter put to another vote. In case of

another tie, the motion shall be regarded as lost. Notwithstanding the

foregoing provision, a motion thus lost may be retabled at the next

convenient meeting of the Busoga Lukiiko.

(xii) Voting by proxy shall not be permitted.

(xiii) The speaker of Deputy Speaker, whoever is presiding over a session,

shall neither have a deliberative, or a casting vote.

(xiv) The Clerk to the Lukiiko shall keep true records of the proceedings.

ARTICLE 15: THE DUTIES AND POWERS OF THE KATUKIRO

(i) The Katukiro (Prime Minister) shall be head of the Administration of the

Obwa Kyabazinga Bwa Busoga and as such he shall as well be the

Secretary General of the Kyabazingaship Institution.

(ii) He shall be the head of the cabinet ministers of the Obwa Kyabazinga

Bwa Busoga

(iii) He shall draw up a reasonable and practical work plan for executing

his duties.

(iv) He shall respect and look after the Isebantu Kyabazinga in all matters

concerning the official functions and duties of the Isebantu Kyabazinga.

(v) He shall respect and give any possible assistance to the Eleven

Hereditary Chiefs of Busoga and the Chiefs Royal Council in connection

with their official functions and duties.

(vi) He shall make sure that each Cabinet Minister makes a proper and

reasonable work plan for executing his official duties and that each

Minister discharges his duties reasonably, properly, and effectively and

expeditiously.

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(vii) He shall ensure that each Cabinet Minister behaves and conducts

himself in a responsible manner or in a manner befitting his post and

not likely to bring the Kyabazingaship Institution into disrepute.

(viii) He shall always make sure that the official visits of the Isebantu

Kyabazinga to any place or public functions are properly organised and

reasonably financed, depending on the availability of funds in Obwa

Kyabazinga Bwa Busoga.

(ix) Unless circumstances do not permit, he shall be responsible for

welcoming the Isebantu Kyabazinga, the Issabalangira and the eleven

Hereditary County Chiefs of Busoga to any functions or gatherings in an

acceptable and dignified manner.

(x) He shall ensure that any salaried employees of Obwa Kyabazinga Bwa

Busoga are paid.

(xi) He shall fight corruption and embezzlement within the Kyabazingaship

institution.

(xii) He shall invent, initiate and sustain ways, means and systems

through which income can be raised for maintaining, running and

sustaining the Kyabazingaship Institution.

(xiii) He shall take all reasonable steps to ensure the success and

sustenance of any income generating projects belonging to Obwa

Kyabazinga Bwa Busoga.

(xiv) He shall be a development oriented person.

(xv) He shall take reasonable steps to establish useful social, cultural and

economic contacts between the Obwa Kyabazinga Bwa Busoga, and

other Kingdoms, people, non-governmental organisations,

governments, and companies in Busoga, Uganda and Outside Uganda.

(xvi) He shall have powers to suspend any Cabinet Ministers provided that

after such suspension he shall make a report within 14 days and the

Isebantu Kyabazinga, shall take appropriate action upon receiving such

Report.

(xvii) He shall have powers to suspend or to dismiss or to retire or to

terminate the employment of any salaried employee of Obwa

Kyabazinga Bwa Busoga.

(xviii) He shall ensure that Isebantu Kyabazinga and the eleven Hereditary

Chiefs of Obwa Kyabazinga bwa Busoga are accorded the cultural/

traditional respect.

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(xix) He shall ensure the implementation, realisation and fulfilment of the

objectives of this Constitution.

(xx) He shall be the Chief accounting officer in the Obwa Kyabazinga Bwa

Busoga.

(xxi) He shall make at least one annual written report to HRH, the

Isebantu Kyabazinga, the Busoga Chiefs Royal Council and the Busoga

Lukiiko, to keep them fully informed about all important matters

concerning the Obwa Kyabazinga Bwa Busoga, provided that other

reports may be given upon requisition of HRH the Kyabazinga, the

Chiefs Royal Council and the Lukiiko or as he may deem necessary.

(xxii) He shall take reasonable steps to ensure the success and sustenance

of any income generating project belonging to Obwa Kyabazinga Bwa

Busoga.

ARTICLE 16: THE DUTIES AND POWERS OF THE SPEAKER OF BUSOGA LUKIIKO

(a) He shall be the Chairperson of the Busoga Lukiiko.

(b) He shall be responsible for convening meetings of the Busoga Lukiiko in

accordance with the provisions in the Constitution.

(c) He shall have powers to order any person who becomes unruly or who

unreasonably and persistently obstructs the proceedings of any Busoga

Lukiiko meetings, despite not less than three warnings to him to go out of

the meeting and to return to the same upon sending a written apology

signed by him promising to behave in an orderly manner or if in the opinion

of the Speaker the unruly member is likely to continue obstructing the

proceedings of meetings, he shall bar him from attending the meeting in

question.

(d) To issue notices in connection with the convening of the meetings of the

Busoga Lukiiko but he may direct the Clerk of the Busoga Lukiiko to assist

him.

(e) To act as a returning officer and to count votes in matters decided by the

Lukiiko through voting and in doing so he may direct the Deputy Speaker

and the Clerk of Busoga Lukiiko to assist him.

(f) To brief the Isebantu Kyabazinga from time to time on matters arising from

or in connection with the Busoga Lukiiko.

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(g) To explain any matter arising from or in connection with the Busoga Lukiiko

to the Chiefs Royal Council upon requisition to that effect by the Chiefs

Royal Council.

(h) To keep up-dated records /register of the members of the Busoga Lukiiko

and to issue them with membership identity cards/certificates.

(i) To ensure that all the full members of the Busoga Lukiiko (not ex-officio) do

attend meetings of the Lukiiko and to dismiss those who fail to attend

seven consecutive meetings without any reasonable cause following not

less than three written warnings to them.

(j) To require any officer or Cabinet Minister through the Katukiro of Busoga

in consultation with HRH the Kyabazinga to explain any matter in

connection with his post or duties to the Busoga Lukiiko after 21 days of

notice to such Officer or Cabinet Minister.

(k) To acquisition for funds necessary for convening meetings of the Busoga

Lukiiko from the Katukiro of Busoga.

ARTICLE 17: THE DISCIPLINARY ROYAL POWERS OF THE ISEBANTU

KYABAZINGA, THE BUSOGA CHIEFS ROYAL COUNCIL AND THE

HEREDITARY CHIEFDOM CHIEFS OF BUSOGA.

Without prejudice to other provisions in this Constitution, it is hereby provided as

follows:-

(a) The Isebantu Kyabazinga in consultation with the Chiefs Royal Council shall

have royal powers to remove, dismiss, suspend any member of other

bodies or committees established under this Constitution in Obwa

Kyabazinga Bwa Busoga save the Busoga Chiefs Royal Council members, on

any of the following grounds:-

(i) That such member has deliberately done an act or is about to do any

act or is willingly involved in acts with other people, which acts are

contrary , or damaging to any important customs, culture or tradition

of the people of Busoga or this Constitution.

(ii) That such member has deliberately or knowingly or maliciously done

any act or is involved in acts with other people intended to belittle,

demean, or to defame or to bring into hate or contempt, the person

or character or throne of the Isebantu Kyabazinga, the Issabalangira

of Busoga or any of the eleven traditional Hereditary Chiefdom

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Chiefs of Busoga or intended to incite violence against such Royal

traditional/cultural leaders of Busoga.

(b) Any Body or Committee established under this Constitution, whose

member has been removed or dismissed pursuant of the provisions of this

article, shall make arrangement for election, nomination or appointment of

another member to replace the removed or dismissed member as the case

may be.

(c) Any traditional Hereditary Chiefdom Chief of Busoga shall have royal

powers to remove or to dismiss or to suspend any member of any Body or

Committee established in his Chiefdom by virtue of the provisions of this

Constitution on any grounds provided in the above paragraphs of this

article.

(d) Unless express provisions in this Constitution indicate anything to the

contrary, any authority or powers exercised by the Isebantu Kyabazinga,

the Busoga Chiefs Royal Council and any of the eleven Traditional Chiefdom

Chiefs of Busoga shall be deemed to emanate from or be based on

Traditional/Cultural Royal Powers of such people or any of them.

ARTICLE 18: THE CABINET MINISTERS OF OBWA KYABAZINGA BWA BUSOGA

(a) There shall be Cabinet Ministers of the Obwa Kyabazinga Bwa Busoga

which cabinet shall consist of such numbers of Ministers as provided herein

or as the Isebantu Kyabazinga in consultation with the Katukiro and the

Busoga Chiefs Royal Council may decide from time to time.

(b) The Katukiro/ Prime Minister/ Secretary General shall be the head of the

Cabinet.

(c) The members of the Cabinet shall be appointed by the Isebantu Kyabazinga

from members of the Busoga Lukiiko or from other people of Busoga

belonging to Busoga Clans, in consultation with the Katukiro and the

Busoga Chiefs Royal Council.

(d) Members of the Cabinet will be nominated by the Katukiro on Busoga in

consultation with the Appointments Committee of the Busoga Lukiiko and

the names of the nominated persons shall be forwarded to the Isebantu

Kyabazinga who may in consultation with the Chiefs Royal Council appoint

them or any of them accordingly.

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(e) Notwithstanding the provisions herein above, the Isebantu Kyabazinga shall

have discretion to appoint any person to the cabinet, notwithstanding that

such person has not been nominated as provided herein above, and

provided further that Ministers appointed by virtue of this sub-article shall

not exceed three in number.

(f) Members of the cabinet including the Katukiro/Prime Minister/Secretary

General shall be answerable to the Isebantu Kyabazinga, but the Chiefs

Royal Council and the Busoga Lukiiko shall exercise appropriate control and

checks on their acts in connection with their duties including giving advice

on the performance of the cabinet ministers.

(g) Notwithstanding any provisions herein to the contrary, a person not

belonging to any of the Busoga clans, who is considered to be a

substantially useful or resourceful person, may be appointed as a minister

of the Obwa Kyabazinga Bwa Busoga.

(h) Upon the recommendation of the Katukiro of Busoga the Isebantu

Kyabazinga may appoint deputy ministers to any cabinet post.

ARTICLE 19: COMPOSITION OF CABINET MINISTERS

(A) The Cabinet shall consist of the following posts:-

(1) The Katukiro/ Prime Minister/ Secretary General of Busoga

(2) The Deputy Katukiro (s)

(3) The Minister of Finance and Planning Sources of Income for Obwa

Kyabazinga Bwa Busoga.

(4) The Minister of Physical Planning and Economic Development of Obwa

Kyabazinga Bwa Busoga.

(5) The Minister of Culture, Antiquities, Social and Clan Affairs.

(6) The Minister of Health

(7) The Minister of Education

(8) The Minister of Gender, Women and Children’s Affairs

(9) The Minister for Disabled persons and people of Advanced Age

(10) The Minister of Youth Affairs and Sports

(11) The Minister of Justice and Constitutional Affairs.

(12) The Minister of Agriculture

(13) The Minister of Commerce, Manufacturing, and Industrial Affairs

(14) The Minister for Works, Roads, Communications and Housing

(15) The Minister for Food Technology

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(16) The Minister of Land, Water, Fisheries and Natural Resources

(17) The Minister for Environmental Affairs, Wild Life and Tourism.

(18) The Minister for Veterinary Affairs

(19) The Minister for Co-operation with other Kingdoms in Uganda, and

in the whole world, and with secular governments, non-governmental

organisations and with the Basoga living outside Busoga (to be abbreviated

as Minister for Co-operation and Foreign Affairs).

(20) The Minister of Mass Mobilization, Information and Promotion of

Unity.

(21) Minister of Ethics, Integrity, Protocol and Kyabazinga Affairs.

(22) Minister of “Ebyaife”.

(B) Any two or more of the Cabinet posts may be placed under the

responsibility of one Minister at the discretion of the Katukiro of Busoga.

(C) There shall be a Permanent Secretary for the Cabinet of the Obwa

Kyabazinga Bwa Busoga appointed by the Kyabazinga in consultation with

the Katukiro of Busoga. The duties, powers and remuneration of the

Permanent Secretary shall be stipulated by the Katukiro in consultation

with the Appointments Committee of the Busoga Lukiiko.

ARTICLE 20: THE BUSOGA CLAN LEADERS (ABAKUNGANIA) COMMITTEE

(i) All clan leaders in Busoga (Abakungania) who are recognised by Obwa

Kyabazinga Bwa Busoga as such shall be free to elect/ setup a Busoga clan

leaders (Abakungania) committee.

(ii) The duties and activities of the Busoga Clan leaders (Abakungania)

committee, shall be, to promote, to sustain and to preserve the cultural/

traditions of the Basoga and to participate in the development of Busoga,

in accordance with the provisions of the Constitution of Obwa Kyabazinga

Bwa Busoga.

(iii) The names of the persons elected to the Busoga Clan leaders

committee shall be forwarded by the Chairman of the Committee to the

Busoga Lukiiko, which shall have the duty of recommending that the said

committee or some suitable members thereof, to the Isebantu Kyabazinga,

for approval.

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(iv) The committee provided for herein shall make rules and regulations

to regulate meetings and procedures provided the same shall not be

inconsistent with this Constitution.

(v) For avoidance of doubt, the provisions of the article shall not restrict or

prevent the Busoga clan leaders (Abakungania) from participating in the

Busoga Lukiiko in accordance with the provisions of this Constitution.

ARTICLE 21: THE BUSOGA BAMBEDHA ROYAL COMMITTEE (BBRC)

1( a) There shall be a Busoga Bambedha Royal Committee (BBRC)

hereafter referred to as the Bambedha Committee.

1( b) The Bambedha Committee shall be constituted/ Composed of one

princess from each of the eleven traditional Chiefdoms of Busoga and

the same shall be elected by the princesses (Bambedha) of each

traditional Chiefdom of Busoga belonging to the clan of the Ruling

Hereditary Chiefdom Chief.

1( c) For avoidance of doubt, the wife or wives of Hereditary Chiefdom

Chiefs of Busoga are also eligible for election to this committee unless

otherwise divorced.

1( d) The Busoga Bambedha Committee shall elect its chairperson who

shall culturally be known as the Nabambedha of Busoga or Princess

Royal of Busoga.

1( e) The Nabambedha of Busoga shall be the head/ Chairperson of all

Bambedha in Busoga.

1( f) All members of Busoga Bambedha Committee shall be ex-official

members of the Busoga Lukiiko without voting right.

1( g) Each Mumbedha of the Bambedha committee shall be an Ex-officio

of the Chiefdom Clans’ committee in her Chiefdom of origin.

1( h) The Bambedha Committee shall hold at least one meeting every four

months in a year.

1( i) The Nabambedha shall be officially introduced to the Isebantu,

Inhyebantu, the Chiefs Royal Council and the Busoga Lukiiko by the

Issabalangira after her election.

1( j) The election of the members of the Bambedha committee shall be

presided over/ conducted by each respective Hereditary Chiefdom

Chief.

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1( k) The Chiefs Royal Council shall have powers to suspend or to remove

a Mumbedha representing the Bambedha in his Chiefdom on the

Busoga Bambedha Committee if he has good reasons for doing do.

2. FUNCTIONS AND ROLES OF THE BUSOGA BAMBEDHA ROYAL COMMITTEE:

(a) To perform any necessary or essential customs in connection with Obwa

Kyabazinga Bwa Busoga.

(b) To mobilise and to unite all the Princesses of Busoga from the Royal clans

of the eleven Chiefdoms of Busoga for social, cultural and economic

development.

(c) To mobilise and to unite all the women/girls of Busoga for social/ cultural

and economic development.

(d) To teach or to supply useful information to women /girls of Busoga about

the good customs, culture, traditions and behaviours of the people of

Busoga in marriage affairs, bringing up children and association with other

people.

(e) To work hand in hand with the Inhyebantu (Queen) of Busoga in social,

cultural, customary and economic affairs for the good of the people of

Busoga.

(f) To work hand in hand with the Isebantu Kyabazinga and the Busoga Chiefs

Royal Council in social, cultural, customary and economic affairs for the

good of the people of Busoga.

(g) Where circumstances permit, the Nabambedha of Busoga may accompany

the Inhyebantu or the Isebantu Kyabazinga or any hereditary Chiefdom

Chief to important public functions, visits or meetings.

(h) To work for the fulfilment of the objectives of this Constitution.

(i) Subject to the provisions of this constitution the Bambedha shall have

powers to set up sub- committees, Non- governmental organisations or

Companies for purposes of effective operations or execution of its duties

under this constitution.

(j) Subject to the provisions of this Constitution the Bambedha Committee

shall have powers to make rules, regulations or policies for purposes of

enforcing, implementing, regulating or realising its functions, duties and

roles or for purposes of regulating its meetings.

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(k) The Bambedha Committee shall be entitled to seek for income to fund its

operations, activities and functions or to establish sources of income for

the same purposes.

ARTICLE 22: TENURE OF THE VARIUOS BODIES AND COMMITTEES SET UP BY

VIRTUE OF THE PROVISIONS OF THIS CONSTITUTION.

SUBJECT to any provisions herein to the contrary, the following shall apply:-

(a) The Busoga Chiefs Royal Council shall enjoy inherent traditional or

customary perpetual existence and perpetual successions, as it is

constituted / composed of the 11 Royal traditional Hereditary County

Chiefs/ Rulers of Busoga.

(b) Every Busoga Lukiiko shall enjoy a term of five years existence and

thereafter, fresh elections of the members of the same shall be conducted.

(c) The Busoga Bambedha Committee shall enjoy a term of six years of

existence and thereafter, fresh elections of the members of the same shall

be conducted.

(d) Any other committee set up by virtue of the provisions of this Constitution,

other than the sub-committees shall enjoy a term of five years of existence

and thereafter, fresh elections of the members of the same shall be

conducted.

(e) Subject to any provisions to the contrary herein persons who accede to any

post anybody any committee set up under the provisions of this

Constitution through elections or appointment (other than through

traditional hereditary/ inheritance system) may be recalled or removed by

the people or person who elected them or appointed them as the case may

be for a good cause, and a person shall effectively be removed or recalled

under the provisions of this sub-article, if a Memorandum addressed to the

Isebantu Kyabazinga signed by one half (1/2) of the members who elected

him or her, giving reasons why such person should be recalled or removed

from the post in question, is accepted by the Isebantu Kyabazinga in

consultation with the Busoga Chiefs Royal Council in writing.

(f) Any Body or Committee set up by virtue of the provisions of this

Constitution other than the Busoga Chiefs Royal Council, may for good

cause or causes, move a vote of no confidence against any of its members

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and thereafter such member shall cease to be a member of the Body or

Committee which moved the vote of no confidence in him, if the Isebantu

Kyabazinga in consultation with Chiefs Royal Council, approves and accepts

the vote of no confidence in writing.

(g) Any person recalled or removed from any Body or Committee set up by

virtue of this Constitution, shall be eligible for re-election to the body or

committee or other Body or Committee of Obwa Kyabazinga Bwa Busoga

unless his or her eligibility is barred by the Isebantu Kyabazinga in

consultation with the Busoga Chiefs Royal Council.

ARTICLE 23: ELECTIONS GENERALLY

(a) The first elections after the coming into force of this Constitution of the

members of Busoga Lukiiko, shall be conducted and presided over by the

Busoga Chiefs Royal Council, or persons appointed by the same in

conjunction with the Interim Administration of the Kyabazingaship

Institution, in existence immediately before the coming into force of the

Constitution or with assistance of some other committees which the

Isebantu Kyabazinga in consultation with the Busoga Royal Council may, in

their inherent royal discretion, set up for purposes connected herewith.

(b) Subsequent elections of the members of the Busoga Lukiiko, shall be

conducted and presided over by the Katukiro of Busoga in conjunction with

the Speaker of the Busoga Lukiiko, provided that the Isebantu Kyabazinga

and the Busoga Chiefs Royal Council shall have powers and royal rights to

do anything they deem fit or unproper for purposes of attaining, speedy

and fair elections and they shall similarly have powers to hear or to preside

over disputes arising from the elections of the members of the said body.

(c) Once the Busoga Lukiiko is set up in accordance with the provisions of this

Constitution, it shall organise elections for bodies/committees subordinate

to it at lower levels in conjunction with the Katukiro of Busoga and under

guidance of the Isebantu Kyabazinga, in conjunction with the Busoga Chiefs

Royal Council.

(d) The Katukiro of Busoga shall have powers to set up committees and sub-

committees and to establish any official posts for purposes of facilitating

and implementing the elections provided for herein.

(e) As the Chief Accounting Officer of Obwa Kyabazinga Bwa Busoga, the

Katukiro shall have powers to use funds from the Treasury of the

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Kyabazingaship for purposes of carrying out the elections provided for

herein.

(f) Subject to the provisions of this Constitution, the Busoga Lukiiko shall have

powers to make the Rules or Regulations for purposes of regulating the

elections provided for herein and such rules or regulations shall come into

force immediately, upon being approved in writing by the Kyabazinga in

consultation with the Busoga Chiefs Royal Council.

ARTICLE 24: THE LEGAL STATUS OF THE OBWA KYABAZINGA BWA BUSOGA

(a) Without prejudice to the corporation sole status of any of the eleven

Traditional Hereditary County Chiefs of Busoga, the Kyabazingaship

Institution, headed by His Royal Highness the Isebantu Kyabazinga of

Busoga shall be a corporation sole in accordance with the provisions of the

Constitution of Uganda 1995 and accordingly it shall enjoy perpetual

succession.

(b) As a corporation sole Obwa Kyabazinga Bwa Busoga shall have a right to

sue and be sued in the Courts of Law, to own any type or kind of property

and if ownership/ proprietorship of such property is registerable under the

laws of Uganda, the same shall be registered in the names of the Institution

Viz Obwa Kyabazinga Bwa Busoga.

(c) For avoidance of doubt the Chiefdom properties of each of the eleven

Traditional Hereditary Chiefdoms of Busoga are not properties of the Obwa

Kyabazinga Bwa Busoga as each Chief is a Corporation sole in his capacity

as a traditional/cultural ruler in line with the Constitution of Uganda 1995.

(d) Obwa Kyabazinga Bwa Busoga shall not be bound by or liable on any

contract, unless such contract is reduced, into writing sealed with the

official seal/stamp of Obwa Kyabazinga Bwa Busoga and signed by not less

than four members of the Contracts/Agreements Board, provided that the

signatures of the following shall be mandatory on all contracts to which the

Kyabazingaship Institution is a party.

(i) The Katukiro of Busoga

(ii) The Minister of Justice in Obwa Kyabazinga Bwa Busoga in his

absence, the Legal Adviser provided for herein.

(iii) The representative of the Busoga Chiefs Royal Council on the

Contracts Board.

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(e) The contracts Board shall have powers to revoke, to rescind, to cancel, to

seek for adjustment, modification or renewal of any contract/ Agreement

to which Obwa Kyabazinga Bwa Busoga is a party.

(f) Notwithstanding the provisions of the foregoing paragraph the Isebantu

Kyabazinga in consultation with the Busoga Chiefs Royal Council shall have

the powers to prevent Obwa Kyabazinga Bwa Busoga from entering into

any contract with any person, Organisation, Company, Kingdom or the

Government of Uganda or other Country and they shall equally have

powers to nullify, to revoke, to rescind, to cancel or to seek for adjustment

of a contract to which the Obwa Kyabazinga Bwa Busoga is party.

(g) Obwa Kyabazinga Bwa Busoga shall not be legally liable to compensate or

to pay damages in connection with or incidental to any tortuous wrong or

tortuous accidents suffered by any person, Organisation, Company,

Kingdom or any claimant in that regard as a result of any act, omission or

fault of any person, organisation, or company who or which at the time of

committing the tort in issue had no valid and enforceable contract of

employment or agency between him or it and Obwa Kyabazinga Bwa

Busoga.

(h) The public and the world in general shall be notified of the existence and

enforcement of this Constitution, through the UGANDA GAZETTE and

authentic copies of this Constitution, shall be kept at the offices of the

Isebantu Kyabazinga, the Busoga Chiefs Royal Council, the Katukiro of

Busoga and the Speaker of Busoga Lukiiko at the Headquarters of the

Obwa Kyabazinga Bwa Busoga viz., Bugembe, where members of the public

shall have a right to be provided with the same for perusal and for the

same purpose, copies of this constitution shall be supplied to the Attorney

General and Registrar General of the Republic of Uganda (Ministry of

Justice and Constitutional Affairs).

ARTICLE 25: THE CONTRACTS/ AGREEMENTS BOARD OF THE

OBWA KYABAZINGA BWA BUSOGA

(a) A Board to be called Obwa Kyabazinga Bwa Busoga contracts Board and

hereafter referred to as the Contracts Board is hereby established.

(b) The Contracts Board shall be constituted / composed of:-

(i) The Katukiro of Busoga

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(ii) The Minister of justice in the Obwa Kyabazinga Bwa Busoga

(iii) In case the Minister of justice in the Government of Obwa

Kyabazinga Bwa Busoga is not a practicing Advocate of the High

Court of Uganda, or in case he is unable to attend Board meetings to

give advice to the Contracts Board on any contractual matter, an

experienced practicing Advocate of the High Court of Uganda shall

be engaged or appointed for purposes of co-option to the Contracts

Board on temporary or permanent terms.

(iv) A special representative appointed by the Isebantu Kyabazinga

in consultation with the Busoga Chiefs Royal Council.

(v) Two representatives of the Busoga Lukiiko.

(vi) The Minister of Finance of Obwa Kyabazinga Bwa Busoga.

(c) The Quorum for purposes of the Contracts Board meetings shall be four

members, physically present at each meeting of the Contracts Board and

such quorum must be maintained throughout any meeting convened by

the Contracts Board provided that in case of a tie in the votes at any of the

Contracts Boards meeting the Chairman shall have a casting vote.

(d) The Katukiro of Busoga shall be the Chairperson of the Contracts Board

while Minister of Justice or the Contracts Board Legal Advisor as the case

may be shall be the Contracts Boards Secretary.

(e) The Contracts Board shall always seriously, critically, honestly and

genuinely study, discuss or deliberate on all contracts/ agreements to be

entered into by Obwa Kyabazinga Bwa Busoga, to determine with

maximum accuracy whether it is proper, safe, legal, profitable for the

Kyabazingaship to enter such a contract.

(f) The Contracts Board shall perform all inevitable or necessary duties in

connection with any contracts or contemplated contracts, in which Obwa

Kyabazinga Bwa Busoga is interested and for avoidance of doubt it shall

have power to enter into all contracts on behalf of Obwa Kyabazinga Bwa

Busoga.

(g) The Contracts Board shall be at liberty to consult the Isebantu Kyabazinga

in conjunction with the Busoga Chiefs Royal Council on any matters

connected with the execution of the Contracts Board’s duties/ functions.

(h) The Isebantu Kyabazinga in consultation with the Busoga Chiefs Royal

Council shall have powers to summon the Contracts Board or any member

of the Contracts Board to supply any information to them or to explain any

matter to them in connection with the duties and functions of the

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Contracts Board, and the Busoga Lukiiko shall equally have the same

powers, unless barred in any particular matter by the Isebantu Kyabazinga

in consultation with the Busoga Chiefs Royal Council in the interest of

Obwa Kyabazinga Bwa Busoga.

(i) The Isebantu Kyabazinga in consultation with the Busoga Chiefs Royal

Council and Busoga Lukiiko shall have power to prevent the Contracts

Board from entering into any contract or to nullify or to cancel or to revoke

any contract already entered into by the Contracts Board.

(j) Subject to the provisions of this Constitution, the Contracts Board shall

have powers to make rules or regulations to regulate its operations and

meetings.

(k) The public or the world in general shall be notified of the names of the

members of the Contracts Board or names of the new members of the

Contracts Board from time to time through the Uganda Gazette or any

Registered Newspaper.

(l) Where any provision in this constitution is found to be inconsistent with

the provisions of Articles 23 and 24 of this constitution the same shall be

null and void to the extent of its inconsistency herewith.

ARTICLE 26: THE PROPERTIES OF OBWAKYABAZINGA BWA BUSOGA AND

THE ELEVEN TRADITIONAL HEREDITARY CHIEFS OF BUSOGA

AND MANAGEMENT OF THE SAME

(a) A Board to be known as the properties Board of Obwa Kyabazinga Bwa

Busoga (hereafter referred to as the Properties Board) is hereby

established.

(b) The Properties Board shall be constituted/composed of the following:-

(i) A person appointed in consultation with the Busoga Chiefs Royal

Council by the Isebantu Kyabazinga as the Chairperson of the

Properties Board.

(ii) The permanent secretary of the cabinet who shall be the secretary of

the Properties Board.

(iii) The Minister of Finance in Obwa Kyabazinga Bwa Busoga who

shall be the Treasurer of the Properties Board.

(iv) Two persons, one of whom must be a woman, elected by

Busoga Lukiiko.

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(v) One representative appointed by each of the eleven traditional

Hereditary Chiefdom Chiefs of Busoga.

(c) FUNCTIONS OF THE PROPERTIES BOARD

(i) The Properties Board shall be the Chief Custodian of all properties of

the Obwa Kyabazinga Bwa Busoga, including but not limited to

properties like land, buildings/houses, palaces, Royal tombs,

traditional shrines, Royal estates, cultural sites, antiquates,

museums, Regalia, offices, Emblems, flags, seals, stamps, land titles,

motor vehicles, motor cycles, motor vehicle log/Registration Books,

receipts, bicycles, office, equipment, sports equipment, archives,

money on the bank accounts of Obwa Kyabazinga Bwa Busoga etc.

(ii) To take care of all properties of Obwa Kyabazinga Bwa Busoga.

(iii) To prevent trespass or encroachment on the lands or houses

of Obwa Kyabazinga Bwa Busoga.

(iv) To supervise and to inspect the properties of Obwa Kyabazinga

Bwa Busoga.

(v) To prevent wastage, misuse, mismanagement, mishandling, theft,

embezzlement or defrauding of the properties of Obwa Kyabazinga

Bwa Busoga.

(vi) To collect and receive income from the income generating

properties of Obwa Kyabazinga Bwa Busoga or from any legitimate

sources.

(vii) To process the acquisition and registerable titles of Obwa

Kyabazinga Bwa Busoga over any property, for instance land and

motor vehicles provided that any contracts/ agreements in

connection herewith shall be referred to the Contracts Board for

processing.

(viii) To process the Institution of legal proceedings in court of law

by Obwa Kyabazinga Bwa Busoga against any person, Body,

Company, Organisation or Government which trespasses or

encroaches on or which soils, destroys, demolishes, damages,

converts, embezzles, or steals any property of Obwa Kyabazinga Bwa

Busoga, provided that any contracts in connection herewith shall be

referred to the Contracts Board for processing.

(ix) To provide proper and reasonable storage facilities.

41

(x) To ensure that the properties of Obwa Kyabazinga Bwa Busoga are

properly maintained or kept in good condition through renovations,

repairs, painting etc.

(d) The quorum at the Properties Board’s meetings shall be nine members and

quorum must be maintained throughout each meeting.

(e) Subject to the provisions of this Constitution, the Properties Board shall

have powers to make regulations or rules to regulate its operations and

meetings.

(f) If the Minister of Justice of Obwa Kyabazinga Bwa Busoga is unable (for any

reasonable cause) to advise the Properties Board on any matter or to

attend meetings of the Properties Board, the Properties Board may in

conjunction with the Contracts Board, co-opt a legal advisor on its Board on

temporary or permanent terms who must be an experienced advocate of

the High Court of Uganda.

(g) The Properties Board shall have powers to engage or to consult or to

appoint professional persons or bodies to advise it on any matter

connected to or arising from its functions or to assist it in the performance

of its functions provided that any contracts, in connection herewith shall be

referred to the Contract’s Board for processing.

(h) The Properties Board shall have powers to establish committees and sub-

committees for purposes of effective and efficient execution of its

functions and duties for instance a Finance Committee, a Property

Supervision Committee, Land Committee, Building Committee, etc.

(i) A joint committee of six members, three of each from the Chiefs Royal

Council and the Busoga Cabinet under the Chairmanship of the Katukiro

shall determine the sharing of income and resources generated from the

Chiefdoms and Obwa Kyabazinga Bwa Busoga estates.

ARTICLE 27: PROVISIONS RELATING TO FINANCE AND BANKING

(a) SOURCES OF FINANCE FOR THE KYABAZINGASHIP INSTITUTION

The following shall be the sources of income for the Kyabazingaship Institution.

(i) Income generating assets/ land (ebyaife) returned to the Kyabazingaship by

the Government of Uganda by virtue of the provisions of the traditional

rulers (Restitution of Assets and Properties) Statute 1993 and other

properties to be repossessed in the future.

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(ii) Establishing money generating projects, enterprises, businesses,

companies, etc.

(iii) Donations from people, companies, non-governmental

organisations, the Central Government, Local Governments, and foreign

governments.

(iv) The Kyabazingaship Institution will sensitize Local Governments of

Busoga and Companies doing business in Busoga on the importance of

making financial contributions in any form for purposes of maintaining and

sustaining Obwa Kyabazinga Bwa Busoga.

(b) BUDGET

Obwa Kyabazinga Bwa Busoga shall operate an annual budget approved by

the Finance committee of Busoga Lukiiko consisting among others the

Katukiro as the Chairman and the Minister of Finance as Secretary.

(c) BANKING

(i) Obwa Kyabazinga Bwa Busoga shall open Bank Accounts from time to

time in reputable Banks in or outside Uganda, and such Bank accounts

shall be opened by the Contracts Board.

(ii) The signatories to the Bank Accounts shall be appointed by the

Contracts Board provided that the Permanent Secretary of the Cabinet

shall be one of the signatories.

(d) AUDITING

Accounts of Obwa Kyabazinga Bwa Busoga shall be audited annually by a

duly registered and licenced firm of Auditors to be appointed by the

Cabinet subject to approval of the Busoga Lukiiko, provided that the

Kyabazinga in consultation with the Busoga Chiefs Royal Council may order

special auditing of any accounts of Obwa Kyabazinga Bwa Busoga.

(e) All money or income received by Obwa Kyabazinga Bwa Busoga must be

Banked before it is spent or used for approved purpose, save approved

petty cash reserves.

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ARTICLE 28:

A- PROTOCOL AT NATIONAL FOR A/ FUNCTIONS

The protocol shall be per the Gazetted Uganda Government Protocol.

B- PROTOCOL AT BUSOGA FOR A/ FUNCTIONS

1. Isebantu Kyabazinga

2. The Katukiro of Busoga

3. Issabalangira of Busoga

4. The eleven Hereditary Chiefs of Busoga

5. The Speaker of Busoga Lukiiko

6. The Ministers of in the Kyabazingaship Institution

7. Government District Leaders

8. The Clan leaders (Bakingania) of Busoga and Nabambedha

9. The Traditional Village Leaders (Abemitala/ Abebisoko)

10. The LC’s

C- The wife of the Kyabazinga shall be addressed as the Inhyebantu of Busoga.

D- The Issabalangira shall be addressed as the Issabalangira of Busoga

E- Each of the Eleven Herediatry Chiefs shall be addressed as Chief (add

official cultural royal title) e.g. Chief Luba of Bunha.

F- The Katukiro of Busoga, members of the Busoga Lukiiko and the

Kyabazinga’s cabinet Ministers shall be addressed as Owekitibwa

(Honourable) (mentions his/her name and Ministry he/ she leads).

ARTICLE 29: OATH BY ANY PERSON ELECTED OR APPOINTED TO ANY THRONE

OR OFFICE IN OBWA KYABAZINGA BWA BUSOGA.

(a) The Oath shall made in the following words:-

I…………………………………………………………………(name of the deponent) swear

in the name of the Almighty God/ Allah that at all times during my services

to Obwa Kyabazinga Bwa Busoga as …………………………………………………………(

mention post of the Deponent) shall obey and respect the Constitution of

Obwa Kyabazinga Bwa Busoga, and I shall perform my duties responsibly

and honestly and I shall not deliberately reveal any confidential or secret

information of the Kyabazingaship Institution to any person without being

authorized to do so by the Isebantu Kyabazinga. So help me God/ Allah.

44

ARTICLE 30: FLAG

The Busoga Lukiiko shall be resolution approve the Flag to be adopted by Obwa

Kyabazinga Bwa Busoga.

ARTICLE 31: OFFICIAL SEAL

The official seal of the Kyabazingaship Institution, which shall be approved by the

Busoga Cabinet through resolution, shall be the official embossment and

authentication on official documents originating from Obwa Kyabazinga Bwa

Busoga.

ARTICLE 32: ADMINISTRATION.

The Headquarters of Obwa Kyabazinga Bwa Busoga shall be located at Bugembe

in Jinja District.

ARTICLE 33: LUSOGA LANGUAGE

(a) A language called Lusoga with its recognised dialects shall be maintained

and preserved.

(b) Notwithstanding the provisions of this Article, English may for the time

being be used alongside Lusoga.

(c) When adequately developed, Lusoga shall become one of the subjects to

be taught in primary and higher learning institutions in Busoga as part of

the programme of preserving and strengthening the culture and traditions

of Busoga.

ARTICLE 34: BUSOGA ANTHEM

The current Busoga Anthem is hereby approved and it shall form part of the

cultural protocol of the Kyabazingaship Institution observed before and after

ceremonies and functions pertaining to the Kyabazingaship Institution.

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ARTICLE 35: COAT OF ARMS

The current Coat of Arms symbolising the Institution is hereby adopted and the

same shall be part of the official seal of the Obwa Kyabazinga Bwa Busoga.

ARTICLE 36: AMENDMENT OF THE CONSTITUTION

Any amendment may be made to this Constitution if it is moved by one half of

the members of the Busoga Chiefs Royal Council General meeting and supported

by two thirds of the Busoga Chiefs Royal Council at such meeting subject to

approval by at least two thirds of all the members of the Busoga Lukiiko.

ARTICLE 37: TRANSITIONAL PROVISIONS

After the coming into force of this Constitution the Kyabazinga will appoint a new

Cabinet which thereafter will be responsible for implementing the rest of the

provisions of this constitution in conjunction with the relevant organs herein,

within a period of six months provided that if circumstances warrant such period

may be extended by HRH the Kyabazinga for a period not exceeding three

months.

ARTICLE: 38 MISCELLANEOUS MATTERS

PART A: BUSOGA TRADITIONAL COURTS

(i) The executive committee of each clan in Busoga shall act as a cultural/

traditional court in respect of disputes governed by the cultures and

traditions of Busoga other than those based on secular laws, and the

county, sub-county, parish, village and sub-village (kisoko) committee of

each clan shall serve the same purpose provided that:-

(a) No clan shall have jurisdiction over clan disputes involving the Isebantu

Kyabazinga or any of the eleven hereditary county chiefs.

(b) No clan shall have Jurisdiction over disputes involving people who do not

belong to that clan.

(c) Disputes involving the Isebantu Kyabazinga or any of the eleven hereditary

county chiefs shall be handled by the Busoga Chiefs Royal Council.

46

(d) Decisions of the courts established under this Constitution shall be

enforceable in accordance with the cultures and traditions of Busoga which

are not inconsistent with the laws of Uganda and not repugnant to equity

and natural justice.

(ii) Appeals against decisions of the clans executive committees shall be

made to a committee to be known as the Legal Affairs Committee of the

Busoga Lukiiko which shall be referred to as Busoga Traditional High Court

and Appeals against the decisions of this committee shall be made to the

Busoga Chiefs Royal Council, which shall co-opt some members from the

Busoga Royal Bambedha Council in case the dispute involves a woman/ girl.

(iii) The Busoga Chiefs Royal Council shall without prejudice to the

provisions in this Constitution be the traditional Supreme Court of

Busoga, but it shall have Royal powers to set up a special body or

committee to handle cases brought to it.

(iv) The traditional/ cultural courts established under this Constitution,

shall make Rules and Regulations to regulate their procedures, provided

that such rules must be in line with the principles of equity and natural

justice.

(v) Each cultural Mutala Chief or Kisoko Chief shall assist in resolving land

disputes based on the cultures and traditions of Busoga within his

village or sub-village (kisoko).

PART B:

(i) Each Chiefdom shall have a Chiefdom Lukiiko, with posts and duties similar

to those of the Busoga Lukiiko mutatis mutandis.

(ii) All executive committee of each clan in the Chiefdom, shall, under the

Chairmanship of each respective clan leader in that Chiefdom nominate

two persons one of who must be a woman for each post of the chiefdom’s

Lukiiko, from which the county hereditary chief will appoint members of

the Chiefdom Lukiiko provided that a Hereditary County Chief shall have

powers to order for fresh nominations in connection herewith.

(iii) Each hereditary County Chief shall have a right to attend the

Chiefdom Lukiiko meetings but he shall not vote at such meetings and he

shall have royal powers to dissolve the Chiefdom Lukiiko.

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PART C:

There shall be sub-county and parish clans committees elected by all the clans in

each respective sub-county and parish with post and duties similar to those of the

Busoga Lukiiko meetings Mutatis mutandis, provided that each respective

hereditary chief shall have powers to dismiss or to discipline any member of such

committee or to dissolve such committees.

PART D:

Each Chiefdom’s Lukiiko sub-county clan committees and parish clan committees

shall give priority to developmental matters, fighting poverty and ignorance and

to promotion and preservation of the good cultures of Busoga.

PART E:

Each clan shall keep a register of all members of the clan.

PART F: INTERPRETATION

In this Constitution the words herein below have the following meanings:

(i) Isebantu Kyabazinga means a person from one of the Busoga Royal

families enthroned to the Kyabazingaship throne in accordance with the

provisions of this constitution.

(ii) Inhyebantu means the Wife/ Queen of the Isebantu Kyabazinga

(iii) Issabalangira means the Chief Prince of Busoga

(iv) A Hereditary traditional/ cultural county chief means a person from

one of the Eleven Royal Families of Busoga who becomes a cultural/

traditional Ruler of a county (Chiefdom) through becoming the

successor/heir of his father or grandfather who must have been a

holder of such throne in the past.

(v) Mulangira means a male person who belongs to any Royal Clan of any

of the eleven Hereditary cultural county chiefs of Busoga. And a

mumbedha similarly means a female member of any such clans.

(vi) A Clan means an extended family of people living with a clan name

and subscribing to the same Tortem.

(vii) Mukungania means a leader/ head of any clan in the whole of

Busoga.

(viii) Omuziro means the Tortem of any clan of Busoga

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(ix) Busoga Lukiiko means the Busoga Kyabazingaship traditional/

cultural parliament.

(x) A Mukungu is a title of respect used for purposes of addressing clan

leaders and other persons holding positions of cultural/ traditional

responsibility in the Kyabazingaship Institution other than persons who

belong to any of the Royal families/ Royal clans of Busoga.

PART G: NOTICE TO PUBLIC

This constitution and any amendments there to shall be registered as a document

with the Registrar General Ministry of Justice and a copy hereof to be left at that

office or a notice in the Uganda Gazette shall serve as a notice to the public and

to the world in general as regards the existence of this constitution.

OBUSOGA OKWISANIA NAMAANI

49

HIERACHY OF THE OBWA KYABAZINGA BWA BUSOGA

THE ISEBANTU KYABAZINGA OF BUSOGA

THE ISSABALANGIRA OF BUSOGA THE KATUKIRO OF BUSOGA

THE BUSOGA HEREDITARY CHIEFS

ROYAL COUNCIL

THE BUSOGA LUKIIKO

THE SPEAKER OF BUSOGA LUKIIKO

THE CULTURAL SUB-VILLAGE CHIEFS/

ABEBISOKO.

THE CULTURAL VILLAGE CHIEFS/

ABEMITALA

THE CABINET MINISTERS THE

KYABAZINGA GOVERNMENT

THE CLAN LEADERS (BAKUNGANIA) OF

BUSOGA

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Appendix I

Cabinet Ministers

1. Ow’ek. W.W. Kiwagama – Katukiro

2. Ow’ek. Alfred Mugoda – Deputy Katukiro (Adm) and Min.

3. Of Education/ Social Services.

4. Ow’ek. D.W.W. Batuwa – Speaker

5. Ow’ek. S. Baite Munobwa – Deputy Speaker

6. Ow’ek. C.W.M. Tibatemwa – Issabalangira

7. Ow’ek. S.F. Muwumba – Special Advisor to Busoga Kingdom

8. Ow’ek. M.J. Ibanda – Minister Finance

9. Mr E.K. Mutyabule – Min. Legal and Constitutional Affairs.

10. Mr Sam. Kitanda – Minister of Youth

11. Mass Mobilisation/ Sports.

12. Ow’ek. E.J. Batambuze (Mrs) Min. of Gender

13. Ow’ek. M.M. Ngobi – Min of Culture/ Senior Advisor to the Cabinet

14. Mr J.B.B. Isabirye – Min. Agriculture, Animal Husbandry and Marketing.

15. Mr. Balidawa Patrick – Min. Planning/ Economic Development.

16. Mr. Erisafu Mwanga – Min. of Forestry and Environment Protection

17. Ow’ek. John Kadoko – Min. of Works and Transport

18. Dr. I.J. Batwala – Min. of Health

19. Mr. Richard Mbazi Mutebe – Min. of Information/ Protocol

20. Eng. Nathan B. Muyobo – Min. of Lands/ Housing and Physical Planning.

21. Mr. S.R. Kurup – Min of Commerce and Industry

22. Anne Rose Magezi (Mrs) – Min Tourism and Antiquities

23. Ow’ek. J.V. Magala – Min General Duties

Deputy Ministers:

24. Mr. Isababi Mpoko – Deputy Min. Legal and Constitutional Affairs.

25. Mrs Beatrice Magoola – Deputy Min. Education & Social Services

26. Mrs. Joyce Abaliwano – Deputy Min. Finance

27. Mr. Sabastiano Mugote – Deputy Min. Culture

28. Mrs Florence Akalya – Deputy Min. Forestry & Environment Protection

29. Mr. Ivan Nsiimbi- Deputy Min. Works and Transport

30. Mr. S.J. Mugulusi – Deputy Min Commerce & Industry

31. Mr. A. Nsenga – Deputy Min. Agriculture, Animal Husbandry/ Marketing

32. Mr. Kabaka Muzaale – Deputy Min. Tourism & Antiquities

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33. Mr Bonanza Abdullah – Deputy Min. Planning/ Economic Development

34. Dr. Wanume Benon – Deputy Min. Health

35. Mr Kalulu James – Deputy Min. Lands/ Housing & Physical Planning

36. Mr Hussein Muganza – Deputy Min. Youth/ Mass Mobilisation/ Sports

37. Mr Gedion Nabwanda – Deputy Min. Education/ Social Services

38. Mrs E. Muzaale – Deputy Min. of Gender.

Appendix II

Busoga Lukiiko

These include all the Cabinet and Deputy Ministers, all the Hereditary Chiefs, plus

the following:

1. Ow’ek. Y. Kahalwa

2. Ow’ek. Y. Mutebe

3. Ow’ek. Muhamad Gavamukulya

4. Ow’ek. P. Mugoda

5. Ow’ek. Mafumo

6. Ow’ek. John Bamwite

7. Ow’ek. John Waiswa

8. Ow’ek. S. Matyama

9. Ow’ek. L. Mugoya

10. Ow’ek. S. Kemba

11. Ow’ek. Alexa Waiswa (Mrs.)

12. Ow’ek. W. Walyomu

13. Ow’ek. Fabiano Ntuyo

14. Ow’ek. Mirimo Juma

15. Ow’ek. P. Kyabakola

16. Ow’ek. E. Babalanda Gabula

17. Ow’ek. Badiru Kisingo

18. Ow’ek. Rev. Daudi Kangawo

19. Ow’ek. Nuwa Kyobiika

20. Ow’ek. Madooba Kibiike Kiyamugonzi

21. Ow’ek. Charles Balyogera

22. Ow’ek. Peter Kaligidha

23. Ow’ek. Byansi

24. Ow’ek. Jaffari Tenywa Kipala

25. Ow’ek. Lulimi

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Appendix III

First Busoga Lukiiko Constitutional Committee

1. Ow’ek.S. Baite Munobwa – Chairman

2. Hon Chris Mudoola – Secretary

3. Ow’ek. Y. Mutebe Nunga

4. Ow’ek. Y. Kahalwa

5. Ow’ek. Lotani Bagimba Kita

6. Ow’ek. Badiru Kisingo

7. Ow’ek. Lewulansio Mugoya

Appendix IV

Second Busoga Lukiiko Constitutional Committee

1. Ow’ek. E.K. Mutyabule – Chairman

2. Ow’ek. C.W.M. Tibatemwa

3. Ow’ek. Alfred Mugoda

4. Ow’ek. Y. Mutebe

5. Ow’ek. J.B.B. Isabirye

6. Ow’ek. M.M. Ngobi

7. Ow’ek. J. Abaliwano(Mrs.)

8. Ow’ek. Sam Kitanda

9. Ow’ek. Gedion Nabwanda

10. Ow’ek. Y. Kahalwa

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Appendix V

Abensikirano

The following wrote and presented a draft constitution which was a very

important document.

The Issabalangira C.W.M. Tibatemwa

The Gabula of Bugabula – J.S.D. Mawerere

The Zibondo of Bulamogi – G.W. Napeera

The Ngobi of Kigulu – P.G. Izimba

The Luba of Bunyha – J. Munulo

The Menha of Bugweri – F.K. Zirabamuzaale

Wakooli of Bukooli – D.M. Kawunyhe

The Ntembe of Butembe – B. Waguma

The Tabingwa of Luuka – W. Nabwana

The Kisiki of Bisiki – J. Kirya

The Nkono of Bukono – C.J. Mutyaba

The Nanyhumba of Bunhole – J. Ntale

Appendix VI

Busoga Constitution Review Committee.

1. Ow’ek. W.W. Kiwagama – Katukiro – Chairman

2. Ow’ek. Alfred Mugoda – Deputy Katukiro – Secretary

3. Ow’ek. S. Baite Munobwa

4. Chief Luba – Munulo

5. Ow’ek. Sam Kitanda

6. Ow’ek. E.K. Mutyabule

7. Issabalangira C.W.M. Tibatemwa

8. Chief Ntembe – Waguma for Chief Menha

9. Ow’ek. E.J. Batambuze

10. Ow’ek. Winfred Isiko