Faculty of Law [FOL]

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International Human Rights Norms in the domestic Arena
(Makerere University Human Rights and Peace Centre, 1997) G.P, Tumwine-Mukubwa
A definition of Bank,Banker and Customer
(Uganda Law Watch Center, 1998) Grace Patrick, Tumwine-Mukubwa
Special Customers and Accounts of Customers
(Uganda Law Watch, 1998) Grace Patrick, Tumwine-Mukubwa
Combining Accounts
(Uganda Law Watch Center, 1998) Grace Patrick, Tumwine-Mukubwa
Cheques and other documents intended to enable a person to obtain payment
(Uganda Law Watch, 1998) Grace.Patrick, Tumwine-Mukubwa
Administering Offences
(2003-12-19) Tufal, Asif
The Offences Against the Person Act 1861 contains two “administration” offences.
COURTS AND THEIR CONSTITUTIONAL DUTY TO PROTECT FUNDAMENTAL RIGHTS
(Makerere University Human Rights and Peace Centre, 2004) G.P, Tumwine-Mukubwa
Opening the floodgates of the Jurisprudence of free expression
(Makerere University Human Rights and Peace Centre, 2005) Grace.Patrick, Tumwine-Mukubwa
The Concept of Rule of Rule of Law and protection of Human Rights
(The uganda living law journal, 2008-06) W.K.L Kasozi, George
The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries
(Routledge, 2016) Mugarura, Norman
The book has been precisely written to strike a balanced approach to the study of money laundering in the asymmetric global marketplace. It underscores the importance and challenges of harnessing a global anti-money laundering framework, taking into account the dynamics of development in less developed economies. In conceptualizing the need for a global anti-money laundering framework, the book highlights a dichotomy of challenges. First, there are challenges in relation to the dynamics of the market economy such as deregulation, liberalization and conflict of laws. Secondly, there are challenges inherent in the domestic economy such as corruption, general systemic failure and lack of infrastructural capacity. In deconstructing the aforementioned challenges, the book delineates a need to consolidate the existing global anti-money laundering/ combating the financing of terrorism (AML/CFT) framework so that it is capable of delivering the envisaged AML/CFT standards globally. For the global anti money laundering framework to work globally, it should be designed with an ethos which reflects the prevailing global climate in which it operates.
Solutions for Developing-Country External Debt
(Law and Business Review of the Americas, 2017) Agasha, Mugasha
DEVELOPING-country external debt is an economic, social, and political issue. The debt weighs heavily on the shoulders of the debtor nations, crippling their domestic social and economic programs, as well as preventing them from participating effectively in international activities such as trade. Individuals and families in these countries are deprived of even the most basic elements of living. The debt problem also affects the rich/creditor nations as developing countries with stagnating or crippled economies cannot be effective trading partners. Furthermore, the social and economic strife caused by the crippling debt has a domino knock-down effect on the richer nations. The debt problem has been around continuously for over thirty years.2 Countries that have faced debt crises at different periods are geographically widespread: from Mexico and Argentina; Poland and Romania; Morocco, Tunisia, and Nigeria; Philippines and Indonesia; to Uganda,
THE WAR AGAINST CORRUPTION IS “A LOST CAUSE” WITHOUT ROBUST MEASURES TO REPATRIATE STOLEN ASSETS TO COUNTRIES OF ORIGIN
(2017) Norman, Mugarura
The paper discusses the impediments inherent in using anti-corruption laws to repatriate stolen assets to the victim state. It examines both state laws and the international legal frameworks aimed at overcoming these obstacles. The assets in question are accrued by public officials from the proceeds of corruption, money laundering, tax avoidance and other forms of illicit financial transactions in countries where they have been hidden. While less developed countries are often the countries of origin, destination countries of stolen assets tend to be developed Western countries. There is ample evidence showing that the recovery and repatriation of stolen assets to countries of origin is more easily said than done, given the barriers they face. Victim states not only suffer a loss of revenue as a result of economic criminality, but they also incur huge expenses in attempting to recover criminal assets, without any guarantee that they will succeed in doing so. In essence, this article looks into the generic issues related to asset recovery. It examines the approaches adopted by both common law and civil law jurisdictions in Africa with respect to the repatriation of stolen assets, and explores the practicality of harmonising anti-corruption laws across the African continent, as has been done amongst member states of the European Union.
“The closure of Crane Bank and bank failures in other Jurisdictions”
(2019) Norman, Mugarura
MAKING A CASE FOR RECOGNITION OF WOMEN’S CONTRIBUTION IN THE LEGAL FRAMEWORK FOR ENVIRONMENTAL CONSERVATION (IN UGANDA)
(Juta and company (pty) Ltd, 2019) Kabaseke, Charlotte; Lubaale, Emma Charlene
‘Anti-money Laundering Law and Policy as a double edged Sword!’
(Emerald, 2019) Norman, Mugarura
The thesis of this paper was drawn from the author’s presentation to security agencies in Kampala in August 2019.2 In his presentation, the author opined that investigations into money laundering offences should be triggered when a financial institution forms suspicions of potential money laundering offences to have been committed.3 Some of the questions he sought to answer during the presentation was whether sharing information on “accountable persons or the regulated sector” in Uganda’s AML 2013 with newspapers before investigations are concluded doesn’t amount to tipping off presumed money laundering culprits? How should investigations be conducted? The foregoing questions call upon oversight agencies not to be overzealous when conducting investigations into suspicious money laundering transactions but to ensure caution and desired due diligence. This proposition does not mean that oversight agencies like Bank of Uganda (BoU) or the Financial Intelligence Authority (FIA) or any other oversight agencies for that matter should not carry out the required investigations. It should also be noted that banks are bound by contracts with clients and therefore ill-advised disclosure of information to a newspaper could amount to a breach of contract. Information can only be shared under compulsion by the law or to protect the public from harm, which is the main responsibility of security agencies.4 What happens if “accountable persons or those the Statute is designed to regulate” who are being investigated and have been published in newspapers are found to be innocent after they have been named and shamed? This would jeopardize the interests of the bank involved in many ways, not least that it could find itself involved in protracted costly litigations. The purpose of the paper is therefore to articulate the intricate balance of the need for regulation and ensuring that businesses are able to operate with minimal interference.
IMPLEMENTATION OF THE CONVENTION ON THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE
(Journal of International and Comparative Law (JICL), 2020) Kabaseke, Charlotte
World heritage is fast being depleted especially in the face of urbanization and climate change and there is urgent need to preserve and protect it. International law provides for the preservation and protection of the different forms of heritage. States are therefore obligated to protect the different forms of heritage within their territories. The World Heritage Convention was enacted for the preservation and protection of world heritage but it has had some challenges, among them, implementation at domestic level. Whereas both China and Uganda have ratified the convention, they are both still facing implementation challenges. Employing the doctrinal and comparative legal methods, the paper seeks to examine the efficacy of the World Heritage Convention in preserving world heritage. The paper further seeks to comparatively examine the extent to which China and Uganda have domesticated and implemented the convention. A conclusion is drawn that China has performed much better than Uganda in domesticating as well as the preservation of the world heritage within its jurisdiction. Uganda as well as other countries facing similar challenges as Uganda has great lessons to learn from China. Recommendations are made on how Uganda can improve her own situation.
A Legal Analysis of the Electoral Process in Uganda During the 2021 General Elections:
(East Africa Law Society eals institute, 2021) Charlotte, Kabaseke; Speciouza, Birungi
It is the right of every citizen to participate in the governance of their countries, through many ways, including the right to vote as exercised through free and fair elections. Elections in Uganda have had a history of irregularities. This is so, notwithstanding the existence of a legal framework that enables a free and fair electoral process. This article seeks to analyse the electoral process from a legal perspective examining the extent to which Uganda conducted its recently concluded elections in accordance with the law. The article further examines the challenges and lessons learned from the elections and makes recommendations on ways of enhancing the electoral process in Uganda.
Technological Innovation in Trade Finance and the Law
(2021) Agasha, Mugasha
Intricacies of anti-money laundering and cyber-crimes regulation in a fluid global system
(emerald, 2021) Norman, Mugarura; Emma, Ssali
Purpose – The purpose of this paper is to decipher the law relating to cybercrimes regulation and benchmarking best practices that could be adopted to address regulatory weaknesses in some countries. In many countries, cybercrimes regulation is undermined by a lack of robust regulatory regimes. The few regimes that are available are fragmented with no coherent global strategy to deal with these offences across countries and regions. There is a lot of scholarly literature to corroborate the fact that lack of requisite laws on cyber and financial crimes has rendered states lame ducks when faced with well-organized and resourced criminal organizations. Design/methodology/approach – This paper articulates intricacies of regulating money laundering and cybercrimes using data from selected African countries and beyond. Generic issues on financial crimes, cybercrimes, case law and policy documents drawn from different jurisdictions have been examined based on the objectives of the study. Cybercrime activities and anti-money laundering (AML) regulatory models have been evaluated drawing on experiences of selected countries in Africa and other countries. Questions whether suspicious activity reports are appropriate as a model to counter incidences of cybercrime activities or whether other options should be considered were also examined. Most notably, the risk-based assessment model such as profiling of high-risk clients rather than reporting every transaction will be compared and possibly suggested as a suitable alternative in financial crimes regulation. The authors have evaluated the data and AML regulatory approaches and other policy measures to curtail the foregoing threats. There is a possibility that AML tools used by financial institutions and banking activities could be used to prevent the growing threat of cybercrimes. The paper has also been enriched by case studies of tenuous legal systems and fragmentation of laws on cybercrimes and financial crimes and how these gaps have been exploited to fuel incidences of illicit criminal activities around the globe. The paper has also used empirical data including visits to banks and financial institutions on the nexus between the threat of cybercrimes and money laundering prevention. The authors have been selective, evaluating cases from 2000s to date. This timeline was particularly important because of the increased incidences of computers and money laundering threats globally. After analysing the data, the authors were able to delineate that there is a close connection between the foregoing two crimes, how they operate in practice, differences and similarities in the counter-measures used to mitigate their negative effect globally. Thus, in the authors’ contention, this is a novel study that is likely to spur farther research on law and policy against cyber and AML crimes not only in Uganda but also in other jurisdictions. At the same time, the findings of the study could complement, and perhaps also complete, the work of scholars who have written papers on cybercrimes to advocate for regulatory changes fight against these offences. The study will also complement the work of other researchers who have challenged the segregation of cybercrimes and financial crimes in local and international regulatory discourses. This research aims to make a significant contribution to the study of cybercrimes and how they are regulated in international law. Findings – The findings of the paper have confirmed that the high incidences of money laundering and cybercrimes today are partly fuelled by inherent weaknesses in the global regulatory system and partly fuelled by weaknesses at an individual state level. Many countries have enacted a raft of anti-cyber and AML legislation but this notwithstanding, these laws have not been used to stem cross-border crimes globally
Human Rights
(Uganda Christian Lawyers' Fraternity, 2021-10) George W.K.L, Kasozi

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