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Legally Suave is a private organisation, majorly aimed through its numerous platforms, towards educa

08/11/2023

After a not so brief commercial break, your neighborhood legal smart ass is back... to stay 😎.
Articles drop every Thursday (as usual) and our DMs are open so don't be shy! 😉

05/08/2020

🔴🔵EQUALITY viz a viz EQUITY: How to truly balance the genders.🚺🚹
While the above words have an uncanny similarity in pronunciation, they are NOT interchangeable, neither are they tantamount to the same substantial content and implication.

*Caroline Biden* contrasts the above parallel yet intrinsically interdependent legal variables in the text ; *The inclusion solution*. To quote her verbatim;

↪'EQUALITY is leaving the door open for anyone who has the means to approach: EQUITY is ensuring there is a pathway to the door for those who need it.'↩

📌That being said, in the context of Gender balance;

📌🚺🚹GENDER EQUALITY simply makes equal opportunities available to both men and women, while 🚺🚹GENDER EQUITY focuses on righting the historical and cultural wrongs committed against women so as to bridge the existence gap between the genders and consequently achieve true justice and societal balance.

The Ugandan constitution🇺🇬 summarily addresses matters of EQUALITY and EQUITY respectively; specifically in the area of gender balance and emancipation of women.

🔵To forward the concept of GENDER *EQUALITY*; Art 21 of the 1995 constitution declares all persons equal under the law and consequently prohibits discrimination against persons on basis of gender.
This position is supported by Article 33(1) and (4) which advance accordance of equal dignity to women as is accorded to men as well as equal treatment and opportunities for both women and men.

Regarding;
🔴GENDER *EQUITY* on the other hand, Article 33(2) (3) (5) and (6) of the constitution provide for the enhancement of womens' welfare so as to enable them realize their full potential, protection of women in consideration of their unique maternal status in society, affirmative action for the purpose of redressing the imbalances created by history, tradition or custom and prohibition of any customs that undermine the dignity of women.

📌To explain it in the laymans' language, EQUALITY puts all on the same footing, while EQUITY does what is just and fair.

The consequent implication is that while EQUALITY sounds fair, it is actually hardly so...NOT IN ALL INSTANCES.

⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖⚖

28/07/2020

FREEDOM NOT FREE DOOM: DEATH TO POLICE BRUTALITY.
The police. The one word that creates a bitter sweet surge of emotion in the hearts of down trodden Ugandans: Africans: African Americans and all other persons, whatever be their race, that have been brutally browbeaten into accepting a SYSTEM that ought to work for them but works to annihilate them instead.

WHERE DOES THE POLICE STAND IN THE LEGAL SYSTEM?

In Uganda, the police is an 'independently functioning' entity whose mandate is created by the 1995 constitution and advanced by the Uganda Police Force Act cap 303. This means that the police is meant to be independent from any form of external influence in its plight to 'SERVE' 'PROTECT' and 'SECURE' human life.

That being said, in theoretical law, the police owes its primary duty to the people of Uganda and as such, can be held legally accountable for acts of brutality, use of excessive force in effecting arrests, torture, unlawful killing, blackmail, corruption and other acts of treachery commonly committed in the name of 'law enforcement'

LEGAL REMEDY:

THE POLICE PROFESSIONAL STANDARD UNIT
(PPSU,
instated by section 70 of the police Act)
facilitates public complaints against police in instances of breach of human rights and unprofessional conduct.

Where the complaint in issue is against a single officer or particular identifiable officers, it can simply be made by filing out Police form 105. This form is accessible through the police website: https://www.upf.go.ug/complaints .

Alternatively, the form is also accessible at the TPPSU offices located at Plot 1303 Serumaga road, Bukoto, Kampala.

Through these complaints, the police culprits can be brought to Justice through the courts of law and police disciplinary action.
In extreme instances like aggravated assaults, infliction of grievous bodily harm and unlawful killings that require more elaborate remedy, accountability can be attained through institution of a suit in the courts of law.

THE AGGRIEVED PARTY IS ENTITLED TO SUE THE ATTORNEY GENERAL

(AS HE OR SHE IS VICARIOUSLY LIABLE FOR THE UNLAWFUL ACTS OF THE POLICE. See Muwonge V Attorney General, Civil Appeal No. 10 of 1996).

At the discretion of the court, victims can be compesated monetarily to assuage harm caused. Lets break the silence ...DONT BE A VICTIM; BE A SURVIVOR!

***

17/07/2020

WORLD DAY FOR INTERNATIONAL JUSTICE:
This is a celebration of breakthroughs in the international justice system slated for the 17th of July annually. This day seeks to unite all who wish to work towards the aims of justice, promote the rights of victims, as well as help prevent crimes that threaten the entire world equilibrium.

This day commemorates our ability as human beings to stand for what is right even when we're swimming against the tide; when fairness is elusive and justice seems non-existent.

THROUGH IT ALL, ALWAYS REMEMBER THAT THE GREATEST WEAPON YOU CAN GRANT THE TORMENTOR, IS YOUR SURRENDER.

That being said, in the words of the great Martin Luther King Jr;
'I came to the conclusion that there is an existential moment in your life when you must decide to speak for yourself; nobody else can speak for you.'

Happy International Justice Day Legal Enthusiasts...NEVER GIVE UP ON THE FIGHT FOR JUSTICE.

13/07/2020

FREEDOM UNDER THE LAW:
Freedom under the law insinuates a form of liberation attained through set rules that allow one to enjoy an array of privileges in their day to day existence.
This is a concept summed up by great English lawyer and judge ALFRED THOMPSON DENNING in the case: SOUTHHAM v SMOUT [1964]1QB 308 at 320.

"The poorest man may in his cottage bid defiance to all the forces of the crown"

"It may be frail __ its roof may shake __ the wind may blow through it __ the storm may enter __ but the King of England cannot enter __ all his force dares not cross the threshold of the ruined tenement. So be it __ UNLESS he has justification by law."

THIS QUOTE SIMPLY MEANS THAT THE POOREST MAN WITH THE LAW ON HIS SIDE CAN STAND TALL IN DEFENCE EVEN AGAINST THE MOST POWERFUL MAN.

In various legal jurisdictions (Uganda inclusive) various laws exist that attempt to put Lord Dennings' assertion into practice.

In the Ugandan constitution; principles such as rule of law, separation of powers and human rights are advanced, all of which 'empower' the layman to stand tall even against the strongest adversaries.

Curious to know what these freedoms specifically entail and what they mean for your place in society...?
STAY TUNED TO LEGALLY SUAVE TO FIND OUT MORE IN OUR UPCOMING SEGMENTS...

***

11/07/2020

3 THINGS YOU PROBABLY DID NOT KNOW ARE CRIMES IN UGANDA.
1.FARTING in public: section 177 of the Penal code Act.
The law technically prohibits 'fouling the air' that is; voluntarily vitiating the atmosphere in any place so as to make it noxious to the health of persons in a general dwelling.

This means that farting in public (an act that inconveniences, annoys and may also be proved as harmful to others' health) may in fact be classified as a criminal offense.

That being said; Ugandans please quit farting in public! You may be classified as a criminal.

2. Making loud noises or offensive (unwholesome) smells for purposes of trade: section 178 of the Penal code Act.

This doesn't need much explanation.. any person who for the purposes of trade, makes loud noises or produces offensive smells so as to annoy any considerable number of persons in exercise of their common rights, commits an offence

This singularly means that acade workers, street hawkers, taxi conductors and vendors that unnecessarily scream their lungs out in the name of trade (and in due course inconvenience others) are in fact on the wrong side of the law.

As a matter of fact, the act of touting for passengers by taxi drivers and conductors in the taxi park was recently prohibited in the Local Governments (Kampala City) (Taxi Park) Bye law.

'I still have to ask; are they about to cage up the entire downtown Kampala or what?'

3. Interrupting a witchcraft ceremony or tampering with a shrine: section 118 and 119 of the Penal code Act.

Technically this is classified as disturbance of religious assembly and insult to religion. Since Uganda allows freedom of worship, traditionalism is technically classified as a religion.

This also implies that voluntarily causing disturbance to any form of ceremony in this regard, tampering with any sacred symbols of this 'religion', insulting it or deliberately causing offence to its practitioners' sensibilities is a crime.

'INTERESTING RIGHT? I know.'

04/07/2020

KNOWLEDGE IS POWER:
This phrase especially stands true when it comes to the law. By knowing where you stand in whatever given scenario there may be , you stand a higher chance to circumvent manipulation and truly access justice.

Sometimes, even the most common interferences with one's comfort can infact be found to be legally actionable.

TAKE FOR INSTANCE:
It is most common for women world over to get grabbed, groped, harrassed or have threatening obscenities and slurs yelled at them on the street; causing reasonable apprehension(fear) of harm or even leading to actual injury. It has happened to most women that care to recount; and is now reluctantly classified as 'one of those things that just happen.'

HOWEVER:
DID YOU KNOW; that such threats and unlawful, UNWANTED TOUCHES, force respectively can in fact be categorized as forms of ASSAULT and BATTERY in tort respectively? That you have the right to sue for compensation in such instances?

As i said; we're not powerless, we just need more knowledge to enable us harness our power. That is exactly what stands for; 'empowerment through knowledge'...ALLOW US TO EMPOWER YOU.

30/06/2020

INTRODUCING LEGALLY SUAVE:
Legally Suave is a private organization, majorly aimed through its numerous platforms, towards educating all who choose to subscribe about their respective legal interests, rights and liabilities regarding an array of real life scenarios.

The organization also makes legal commentary regarding current contentious legal matters plaguing the country.

Through , all legal queries can be addressed, and the nature of law decoded in a simple, comprehensive yet practical manner.

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