The Constitutional Court ruling added that bigamy is not a disrespect to women’s rights as it is acceptable in traditional and Islamic cultures.
The constitutional court has dismissed a 2021 petition filed by the Woman’s Probono Initiative seeking a court ruling declaring polygamy an offence, claiming that it bars women from benefiting from equitable sharing of their husbands’ property, limits the struggle for equality with men, and denies them peace of mind enjoyed by their counterparts in monogamous partnerships.
Easily interpreted, the ruling categorically declares bigamy as legally acceptable and that it does not in any way constitute a matter for litigation in Ugandan court.
The petitioners argued further that a provision in the section concerning traditional marriages in the Marriage Act should be deleted as it gives men a leeway on polygamy which they argue, contravenes sections 21, (1) – (3), 24, 29, 31, 33, 34, and 43 of the constitution.
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The judgement given by five judges including Irene Mulyagonja, Oscar John Kihika, Margaret Tibulya, Moses Kazibwe and Dr. Asa Mugenyi, clarifies that a person getting into a marriage contracts is expected to be an adult and of a sound mind, and that women getting into relationships with married men are aware of this.
They further stated that it would be double standards for a woman to complain that such a marriage tramples on their rights when they got into such relationships well knowing the type of marriage they were entering into.
They added that bigamy is not a disrespect to women’s rights as it is acceptable in traditional and Islamic cultures.
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On the sharing of wealth, the judges clarified that division of such wealth in both types of marriages is distinct, and that it is wrong for a woman in a bigamous marriage to expect to benefit like those in monogamous marriages, because they decided on their own accord to get into a polygamous engagement.
Court rejected testimony claiming that bigamy is characterized by violence as there is no proof that it is only in this type of marriage that violence prevails.
What Others Say:
Paul Buzibwa of the Centre for Domestic Violence Prevention (CEDOVIP): This judgement is sharply biased and should be revisited by the court. There should be mutual enjoyment for both men and women if equity is to be realized in its true sense. It is pressure that drives women to join polygamous marriages.
Walusimbi Mbirozankya, head of the Buganda ‘Ffumbe’ clan: Production of many children is what has helped African tribes to thrive and this is only possible with getting children with more than one woman. To strengthen the court’s decision, a law should be enacted requiring men seeking any engagement in the public service to first prove they are polygamous.
Berna Nakimbugwe Bakidde, a woman’s rights advocate; There is no problem with the court decision because the decision to enter any type of marriage is at the discretion of every individual. My only concern is that men take advantage of the situation to marry many women even when they are financially incapable.