A constitution, often regarded as the supreme legal framework of a nation, is intended to reflect the collective aspirations, values, and principles of its people.
It serves as a blueprint for governance, enshrining the rule of law, human rights, and the balance of power.
However, in Uganda, the 1995 Constitution is facing blistering criticism from within the corridors of academia.
Dr. Busingye Kabumba, a respected law lecturer at Makerere University and an authority on Constitutional, International, and Administrative Law, has ignited a storm of debate by branding the 1995 Constitution as a “book of lies.”
His comments, delivered with ‘unflinching’ conviction, suggest that this cornerstone of Uganda’s governance is riddled with contradictions and fails to meet the ideals it proclaims.
“It’s essentially an illusion,” he asserts, challenging both its legitimacy and effectiveness in addressing Uganda’s pressing socio-political realities.
His recent criticism of the Constitution highlights his view that the promises enshrined in the document, which has been amended multiple times, often contradict the reality in Uganda’s Judiciary, Legislature, and Executive.
Kabumba, associated with the Human Rights and Peace Centre, argues that the “lies” propagated about the Constitution and constitutionalism, especially by senior public officials, pose a danger to the nation and undermine the foundations of democracy.
“I actually think the Constitution tells a lot of lies. From Article One, which says all power belongs to the people, Ugandans know this is not quite true. Article Two states the Constitution is the supreme law, but we know what is supreme,” Kabumba said during a recent dialogue on human rights and constitutionalism.
He likened the Constitution to a storyteller, suggesting it tells lies to maintain peace and delay conflict.
“To keep hope alive, to postpone war for another twenty to thirty years, our Constitution tells many lies. From the very first article to fundamental assumptions about justice, democracy, and sovereignty, it repeatedly strays from the truth,” he said.
He also pointed to contradictions in Article 22 of the Constitution, which states that no life shall be taken intentionally except in cases where a person has been convicted of a serious crime and the sentence confirmed by the highest appellate court. According to Kabumba, killings outside this legal process continue to occur.
Citing examples, Kabumba and other human rights activists referenced the November 2020 killing of 54 opposition supporters and the deaths in Kasese during clashes on November 26-27, 2016.
However, President Museveni has consistently denied the occurrence of extra-judicial killings under his leadership.
Kabumba argued that these constitutional “lies” have permeated society, leading some individuals to resort to mob justice to resolve disputes.
“Steal a phone or something worth maybe twenty thousand shillings, and you will die. You will be lynched. So we tell lies to ourselves about who we are. These lies are not only at the national level; they exist at the societal level too,” he said.
Abusive Constitutionalism?
When asked whether there is a difference between the Constitution and constitutionalism, Kabumba explained that, ideally, one should reinforce the other.
“The absence of one might also explain the absence of the other. Constitutionalism is the practice of living up to the Constitution you made for yourselves,” he said.
Kabumba further argued that the process leading to the creation of the 1995 Constitution was deeply flawed.
“Even the preamble, ‘We the people of Uganda,’ is a lie,” he reiterated. He claimed that the idea of the Constitution being a product of Ugandans’ will is worse than manufactured consent.
“It was forced. It was coercion. So, under those circumstances, it’s not surprising that we have a document that tells lies. The process was problematic, it’s the fruit of a poisonous tree,” he said.
Kabumba also highlighted the potential for a constitution to become a tool of abuse, designed to keep people in check.
“It has reached a point where we fear elections. In other words, we need to ask fundamental questions: What is this document? Does it tell the truth?” he suggested.
Is There Hope for Uganda’s Constitution?
Dr. Kabumba Busingye believes hope lies with young Ugandans and individuals like Isaac Ssemakadde, the Uganda Law Society President, who are boldly confronting systemic issues.
“The hope is with those who dare to stare the lies in the face,” he said, adding, “Take Isaac Ssemakadde, he might not be popular with everyone, but he has the guts. While he may occasionally use inappropriate language, what’s worse is the silence from those who ignore issues like Justice Kisakye’s plight or daily substantial violations.”
Justice Esther Mayambala Kisakye, a former Supreme Court judge, fled the country, citing threats to her life.
Meanwhile, Ssemakadde, recently elected as Uganda Law Society President, has been outspoken in challenging judicial leadership, calling for reforms to restore the integrity of Uganda’s legal system.
Human rights activists argue that since the 1995 Constitution’s enactment, its promises have largely fallen short.
Sarah Kihika Kasande, head of the Uganda office of the International Center for Transitional Justice (ICTJ), noted the Constitution’s aspirations have been undermined.
“Whether through manipulation for political gain or the failure of institutions meant to uphold accountability, independence, and the rule of law, the promises of the 1995 Constitution remain unmet,” she said.
Kasande further highlighted that institutions designed to protect citizens’ rights have become tools of repression, eroding sovereignty and the people’s power.
“We’re at another critical juncture. Key elements that once made the Constitution strong have now been stripped away,” she added.
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