{UAH} SWEARING IN OF MOST LOCAL GOVERNMENT COUNCILLORS IN ENGLISH WAS ILLEGAL- LAWYER

Jude Mbabaali
49 mins •

That swearing-in of illiterate councillors in English is fatal to
their positions.
------------------------------
An illiterate person is one who is unable to read or write a
particular language.

The Illiterates Protection Act, Cap, 78 is the law enacted by
parliament in 1918 for the protection of illiterate persons in Uganda.
It bars administration of Oaths that are not interpreted to the
illiterates.

The law under section 2 of the said Act is to the effect that in
relation to any document including a written oath, a person who is
unable to read and understand the script or language in which the
document/oath is written or printed the document/oath must be read
over and explained (interpreted) to the illiterate in language he/she
understands.

The person who has interpreted is also required to write on the
document/oath interpreted his or her signature, full name and his or
her true and full address, and his or her so doing shall imply that
the statement was read over and explained to the illiterate.

In the cases above of swearing in the councillor after reading the
oath in English the councillor is forced to signed it without any
interpretation being done. This makes the oath administered null and
void in law. The effect of which is that such politician never took
oath and should not be in office.

Section 4 of the same law makes it an offense for one to force an
illiterate sign on a document whose contents are not interpreted to
the illiterate and once convicted one is liable to 3 months
imprisonment.

Way forward

Because the law make it mandatory to subcribe to an oath before
entering upon the duties of offices. All those oaths taken without
interpretation to illiterate councillors and chairmen of Sub Counties
must be administered again in local languages or else one may apply to
court for removal of such councillors/leaders from office for failure
to take a valid oath.
LikeShow More Reactions
CommentShare
33
2 shares
Comments
Prince Mbidde
Prince Mbidde Wow! Interesting legal opinion. .. Thanks my chairman
Like • Reply • 39 mins
Maria Nalubowa
Maria Nalubowa People need such kind of Education, they didnt know
Like • Reply • 19 mins
Nakazzi Hadijah
Nakazzi Hadijah Thats y I will marry a counsel,very clever
Like • Reply • 19 mins
Ahmed Musaazi
Ahmed Musaazi Councel Mbabaali, no wonder the then Chief Justice
Benjamin Odoki had directed that they should be done in local
languages but neither the judiciary or central and local governments
did so. Even the media is more interested in exposing those who fail
to pronounce English words, than making a follow up on the directive
of the Chief Justice. With this, let's assume that the media will make
a follow up and the Attorney General and judiciary will react.

--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com