Court dismisses anti-polygamy case

The petitioner had argued that polygamy undermines the status and dignity of women and should be prohibited as demanded by Article 32(2) of Constitution. FILE PHOTO

What you need to know:

  • In an affidavit supporting the petition, Ms Hala Elkarib, a Muslim, averred: “It is my belief that the Marriage Act, Marriage and Divorce of Mohammedans Act and the Customary Marriages Registration Act are all against the dignity, welfare or interest of women to the extent that those laws allow polygamy or do not prohibit it as unconstitutional.”

Kampala. The Constitutional Court has dismissed with costs a petition that was challenging the legality of the practice and custom of one man marrying more than one wife in Uganda.
In 2010, Mifumi Uganda Limited, a rights group, petitioned the Constitutional Court, alleging that polygamy is unconstitutional and violates the right to equality guaranteed under Article 21(1) of the Constitution. The provision guarantees that all persons are equal before and under the law.

A panel of five judges of the Constitutional Court led by Deputy Chief Justice Alphonse Owiny-Dollo unanimously dismissed the petition, citing abuse of the court process.
“We realise that this matter was filed in 2010; any further adjournment would be [an] unnecessary delay. This petition is dismissed under Rule 2 of the Court of Appeal rules,” Justice Dollo ruled.

Other Justices include Kenneth Kakuru, Frederick Egonda-Ntende, Christopher Madrama and Ezekiel Muhanguzi.
The court decision resulted from submission by Mr Ladislaus Rwakafuuzi, representing MIFUMI, who said he was not ready to proceed. Citing the peculiar nature of the petition, Mr Rwakafuuzi unsuccessfully sought an adjournment.

The petitioner had argued that polygamy undermines the status and dignity of women and should be prohibited as demanded by Article 32(2) of Constitution.
Mifumi, in the petition, also faulted Parliament for failure to outlaw the practice, which it said deprives the family members of equality since the custom proscribes a woman from marrying more than one husband.

In an affidavit supporting the petition, Ms Hala Elkarib, a Muslim, averred: “It is my belief that the Marriage Act, Marriage and Divorce of Mohammedans Act and the Customary Marriages Registration Act are all against the dignity, welfare or interest of women to the extent that those laws allow polygamy or do not prohibit it as unconstitutional.”
Justice Kakuru yesterday advised Mifumi to file a fresh petition and include all the interested parties.