SIRâ€” In your report on the meeting between President Yoweri Museveni and Charles Wesley Mumbere, you stated that where the issue of the existence of a traditional ruler has not been resolved, â€œit should be done by Parliament.â€
This statement is not correct.
Article 246(2) provides that â€œin any community where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by Parliament.â€ In other words, the article envisages that Parliament shall make a general law prescribing the method for resolving such issues anywhere in Uganda where they might arise, by the communities affected themselves.
But it is not for Parliament to resolve it. As far as I know (but subject to correction), Parliament has not yet made any such law, and should that be the case, then one wonders under what law the committee appointed by President Museveni under Muganwa Kajura to advise on the resolution of the Obusinga (kingdom) issue will be operating. Since Charles Mumbere claims to be a king (and not e.g. a mere clan leader), it seems to me clear that the Government needs to proceed under Article 246, especially Clause (2) of that Article.
Under that article, it is the people concerned, the Bamba/Bakonzo, who can resolve the existence or otherwise of their king and no one else. The Government can only play, at best, and subject to what the Act of Parliament when passed might provide, a midwifeâ€™s role.