102
Kabumba/Application of African Union (human rights) law in Uganda
through exclusively legal channels.69 The above decisions are
particularly interesting, since Uganda is, in fact, todate yet to ratify the
Democracy Charter.70
3.5
The African Charter on the Rights and Welfare of
the Child
The African Charter on the Rights and Welfare of the Child (African
Children’s Charter), and its article 4 in particular, has been cited in a
number of cases in the High Court Family Division, in support of the
proposition that the best interests of children and their welfare must be
the paramount consideration in all decisions concerning them.71
In addition, in Turyatemba,72 the Constitutional Court invoked
article 9 of the Charter (on freedom of conscience and free practice of
religion) as a relevant international standard in adjudicating a
constitutional claim based on religious freedom.73
3.6
The jurisprudence of the African Commission on
Human and Peoples’ Rights
The jurisprudence of the African Commission on Human and Peoples’
Rights (African Commission) has featured prominently in some
Ugandan decisions, although the reception in this regard has been
decidedly mixed.
69
70
71
72
73
At 9.
Uganda signed the Charter on 16 December 2008 but has not taken the additional
step, of ratification, required to be fully bound by its terms – see the Charter’s
ratification table, http://www.achpr.org/instruments/charter-democracy/ratifi
cation/ (accessed 15 January 2019).
See, for instance, In the Matter of Wanzala Hassan Adam and In the Matter of
An Application for Appointment as the Legal Guardians of Wanzala Hassan by
Andre’ Dees and Margaretha Helena Dees-Schouten High Court Misc Cause 21 of
2012 (Ruling by Flavia Senoga Anglin J) at 5; In the Matter of Kisule Grace
(Child) and In the Matter of an Application for Appointment as Legal Guardian
of Kisule Grace (Aged 5 Years) by Lyn Simon Family Cause 29 of 2013 (Ruling by
Godfrey Namundi J) at 3; In the Matter of an Application for Guardianship of
Kalema Grace (Minor) and In the Matter of an Application for Guardianship by
Joshua Robinson and Jennifer Robinson Family Cause 12 of 2014 (Ruling by
Elizabeth Ibanda Nahamya J) at 3-4; In the Matter of Namukose Aida (Child) and
In the Matter of an Application for Appointment as Legal Guardians of
Namukose Aida (Aged 13 Years) by Selam Techeste Ahderom and Debra Anne
Kaur Singh Misc Cause 37 of 2012 (Ruling by Flavia Senoga Anglin J) at 4-5;
Grace Namutebi v McFarland Shalona Jolene and Hann Robert Wayne
Adoption Cause 8 of 2014 (Ruling by Masalu Musene J) at 4-5 and Wafula Renny
Mike v Sarah Sheila Wanyoto and Equity Bank Civil Revision 17 of 2014, Arising
from Family Cause 291 of 2013 (Judgment of Wilson Masalu Musene J) at 8. See
also, to the same effect, In the Matter of Ithungu Rolivin and Mbambu Roseline
(Children) and In the Matter of an Application for a Guardianship Order by
Graeme Christopher Sandell And Bethany Noel Nelson Civil Appeal 172 of 2015
(Court of Appeal).
n 27.
At 15.