Community Sensitization Project That Was Done In Mukono Christian Churches

Tomusange presenting his discussion

A group of six law students Ssemwogerere Patrick, Tomusange Anthony, Ssali Robert, Buyinza David Mukisa, Muwanguzi Mayor, and Mpalanyi Victor of Uganda Christian University (UCU) went out on a community sensitization project at the Deliverance, Voice of Praise, and Healing Church, Victorious Life Church that took place between the 29^th October to the 26^th November under the supervision of Mr. Luleti Jonan.

The churches visited included Voice of Praise & Healing Centre, Victorious Life Church, Discipleship Church, Christian Intercessor International Church, and the Deliverance Church.

What is Community Sensitization?

Community sensitization is a UCU, Law Faculty initiative which is usually under taken by students offering Clinical Legal Education. It involves students going out in various localities within the surrounding societies & try to give back to society some of the knowledge that they have amassed thus far ever since entering into law school. The issues that are handled during the process are those which affect society on the day to day basis. The project was carried out in Christian Churches around Mukono district.

Some of the activities that were carried out during the project included; Sensitization about marriage, the various forms of legally recognized marriages in Uganda and divorce; Sensitization about intestate succession, the procedure for grant of letters of administration, who can apply for letters of administration, how property of the intestate is distributed among the relatives; Sensitization about testate succession, procedures of grant of letters of probate, the contents of a valid will, who has the capacity to make a will, how can a person alter the contents of a will; and Sensitization about the various crimes & offences which relating to a deceased’s estate and the punishment that accrue after one has committed the offence.

Succession and Marriage in Uganda

From time memorial, marriage & Succession have been governed by African Customs where individuals were bound & subject to customs. Some of the customs were a man may have & marry any number of women he saw fit according to his judgment. Women couldn’t inherit property as this right was only accorded to men & inheritance of widows was the order of the day. During the colonial period the British introduced their legal system which over powered African Customs concerning marriage.

Under the colonial system, church marriage was introduced were a man could only have one woman unlike the previous setting. Widow inheritance was abolished. Under the Marriage & Divorce Act of 1889 the British legal system introduced divorce. A concept which was new to our forefathers where a marriage created under the law could be ended by either party. Originally, a customary marriage could only be ended by death of one of the parties.

Additionally, the British system under the Succession Ordinance of 1849 introduced 2 types of Succession in Uganda i.e testate succession & intestate succession which over turned the old custom of a woman not inheriting property. Furthermore, offences relating to the estate property were also introduced to try & deter individuals from intermeddling with the estate of the deceased. All these aspects have existed in our legal system from the colonial period up to now.

Legislation in Uganda Regarding Marriage and Divorce

“Marriage & Divorce”

Marriage is the legal union of a couple as spouses, and for there to be a valid marriage, these requirements must be fulfilled.

a)   The parties must be legally capable of contracting a marriage under the law.

b)   The parties must consent to the marriage.

c)    The form of marriage must be recognized by the law.

The 1995 Constitution of Uganda under article 34 provides that a person above the age of 18 can marry. Additionally, the laws Marriage Act Cap 251, the Marriage of Africans Act Cap 253, the Hindu Marriage & Divorce Act Cap 250, the Marriage & Divorce of Mohammedans Act Cap 252, and the Customary Marriage (Registration) Act Cap 248  provide for the various forms of valid legal marriages that can be solemnized in Uganda.

On the other hand, divorce is the legal dissolution of any form of marriage. The Divorce Act Cap 249 provides for the various procedures of bringing a marriage to an end.

“Succession”

Succession according to the Black’s Law Dictionary is the acquisition & distribution of property by inheritance under the law. It also defines inheritance as property which is received from an ancestor, parent or any body through direct bequest under a will or by devise through letters of administration. In Uganda, the Succession Act provides for the various types & procedures of inheriting property. There basically 2 types of Succession. Intestate & Testate Succession.

Intestate Succession is a mode of distribution of property where a person died minus leaving behind a valid will. Well as Testate Succession is the passing off of property by a will. A will is defined as the documented legal expression of an individual’s wishes about the disposition of his/her property after death.

Motivation behind the community sensitization project

In Africa, majority of people are ignorant about their rights under the law. Community sensitization was designed to try and educate the public making them aware of their various rights in law about marriage, divorce, succession, their ability to sue in case a person (administrators, executors, the Administrator general, beneficiaries, inter alia) committed an offence in relation to estate property.

Secondly, it was carried out to enable students give back to the society the knowledge & skill they have acquired thus far in law school.

Aims and Objectives of the community sensitization project.

Community sensitization we engaged in was carried in order to achieve the following objectives;

     i.        To enable students to get a real exposure of the day to day legal issues & realities that exist in society.

    ii.        To educate society about various disciplines of law such as Marriage Succession & the Offences related to estate property.

   iii.        To enable students offer solutions to various people who have legal problems such that they can get awareness on how they can attain solutions.

Personal Experiences and Challenges faced in the various visited.

At Voice of Praise & Healing Centre Located in Kiswera Village, Mukono, we faced a  challenge of time. We were accorded very little time and we failed to finish most our presentation, yet people had a zeal to acquire more legal knowledge on various concepts about the law they never knew.

The main challenge at Discipleship Church located in Nakisunga, Mukono district was the huge number of the congregation. It made it difficult to share the material to the congregants. When educating them about the procedure for grand of administration the draft documents of Letters of Administration, Death Certificate, LC1 Recommendation letter & Certificate of No Objection were small in number and most of the people could not follow along with the discussion.

We were also diverted a lot during our discussion. During the various encounters the team had at all the localities, members of the team realized that people most of the time when a chosen few asked questions on clarity. Land issues & problems would emerge instead of the questions relating to marriages, succession & offences related to estate property. This not only diverted the groups theme & discussion but it forced the team to handle land issues & concerns instead of sticking to the objectives & theme of our project.

General Observation & Recommendation

The team realized that most people are not only illerate but also lack awareness of their rights as well. Most people out there suffer plights they shouldn’t under go in the first place. There is an increasing number of legal problems in society compared to the available pro bono services. The team recommends for an increment in students outreach programs so that more individuals can be helped & justice upheld to all regardless of costs & status in society.

To conclude, Community sensitization was a life time experience for all the team members. We were able to meet new cheerful people, venture to various areas unknown to us & most importantly, the team was in position to help many indigent individuals by giving them free legal advice that helped to solve their problems.

The experience attained form this exercise will forever be the hearts of all the team members & will act as a basis of courage to all members to strive & become legal practitioners such that they can help those who are weak in society.