Please find attached the proposed program for NAMCA Convention, 2024
Kriss, Namakola President | ||
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On 20 May 2024, at 09:08, <pres...@namca.us> <pres...@namca.us> wrote:
Please find attached the proposed program for NAMCA Convention, 2024
Kriss, NamakolaPresident <image001.jpg>
NORTH AMERICA MASABA CULTURAL ASSOCATION – NAMCA
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<NAMCA Convention 2024 Program.pdf>
Well noted, he will figure it out
Dear NAMCA President,
I refer to the issue brought to your attention by Hon. Counsel Richard Masereje on the key note address by Umukuuka III HRH Jude Mike Mudoma proposed title: “Bamasaaba Language origins and how it can foster economic Development”. I also refer to your response on the same. The examples suggested seems to have a totally different meaning than the proposed key note title. If indeed the examples given can be understood by Umukuuka or whoever might contribute to his key note speak as explained by you, that is very ok.
Otherwise my addition was that we include Umukuuka to present his plan of action for the next four years (since one year is already gone). If we find space I would very much appreciate.
Clet Wandui Masiga,
Umukuuka’s Deputy Prime Minister/Minister for Research, Innovation and Technology Development.
Sent from Mail for Windows
Dear Moses,
May be this is not the time for this argument, the law gives the Umukuuka the status of a King by whatever name called, even the Lumasaba translation of the 195 constitution of Uganda is clear on that. As the main legal advisor to HH the Umukuuka at this moment in time I do not wish to go into the issues of the IYM set up because my views based on the law are that IYM has no place under the law but may be we can set it up as a public Trust and may be that was the intention but it has never been achieved.
The idea of departing from the title of “His Highness the Umuyinga” as the Bugisu Constitutional head was again mooted by the very people of Bugisu who claimed Umuyinga meant a “ruler” which did not go down well with our elites. The title of status Umukuuka was intended to down play the power of the Cultural Leader and that title is now the gazetted status of the Bugisu cultural Leader or say Bamasaba Cultural Leader as some may prefer. However, in whatever way once we choose to owe allegiance to HH the Umukuuka let us do so and give him the due respect, after all it is voluntary. My humble appeal is that we can harmonize the various view in a more respectable manner.
Regards
Counsel Richard Masereje
Dear NAMCA team,
This is a very interesting view from Barbara. Apparently, the framers of the 1995 constitution and the Institution of the Traditional or Cultural Leaders Act were very alive to the fact that there were communities such as the Bugisu Community that did not traditionally have a traditional system of leadership. That framers of the law provided for those who had a wish and aspiration like the people of Bugisu.
Now again for clarity this process was never complied with and indeed we have a Cultural Leadership that is hanging in the air without a grassroot structure. In light of the foregoing, HH the Umukuuka set up a 10-man commission to develop principles for an Institutional framework which can guide the development of a sustainable institutional framework. I have shared the principles and the background with the NAMCA President and Prof Florence. My expectation is that the NAMCA team can internalize the issues at hand and provide a mean full input on the best way forward.
I do appreciate the fact that all of you are very busy people, but these issues need to be address by non other than us.
The team the chaired by Retired Justice Wangutusi, the Members are Retired Registrar Musa Musse, Dr Norah Madaya, Dr Charles Masaba, Dr Issac Shinyekwa, Hon Dr Faith Magolo, Hon Eng Iren Muloni, Dr Kosea Wambaka, the for Deputy Chief Justice of Kenya Dr Nancy Barasa and Counsel Richard Masereje as the Secretary.
On a second thought, I would really appreciate if we can have a side meeting of some key interested people to discuss some of the issues at the convention.
Regards
Richard
On 21 May 2024, at 16:54, Alexander Makayi <1ale...@gmail.com> wrote:
By the way even in Kenya, the legal ethnic group is known as the Luhya and it includes about 9 sub groups. I hope you may be aware that the Babukusu in Kenya are now seeking to have their own ethnic recognition. When it comes to the issue of area, my best reference is Karamoja which has 9 official ethnic groups that are even hostile to each other, the Karamojong being only one of them. NAMCA is a voluntary association, while the Umukuuka is a creature of the statute of Uganda and MUST comply with the statute of Uganda. While the Umukuuka can have corroborations anywhere in the world, he cannot purport to extend his jurisdiction beyond the jurisdiction of Bugisu where he is declared.
There is a lot of work to be done.
Now at the risk of becoming a lecturer, Sec 4 of the Institution of the Traditional or Cultural Leader Act 2011, “Institutionalizes the Traditional of Cultural Leader”, Sec 2 defines the Institution of the Traditional or Cultural Leader as the “status or throne” of the Cultural Leader and Institutional of the Traditional of Cultural Leader is a Corporation Sole Trust entity. The law does not create any other entity other than the Umukuuka as the corporation Sole entity. There has been a lot of legal debate on this matter and the courts have made in clear in the case of Busoga the legal entity is the Kyabazinga of Busoga while the Obwakyabazinga only remains in people’s heads. The same position was recently taken by the Constitutional Court which held that Lango Cultural Foundation had no legal status under the Institution of the Traditional or Cultural leaders Act.
Now the fact is an association like IYM does not fit into this test, but it can be established as Trust with the Umukuuka as main Trustee, which trust can have a wider coverage than the Institution of the Traditional or Culture Leader. Unfortunately, many of our people do not want to appreciate this fact of the law. I do not use the words the Bugisu Cultural Leader by accident but in compliance with the law which prescribes under Sec 4 and 6 that the Cultural leader shall be institutionalized and gazetted in an area of Uganda. The fact is the use is the words cultural Institution can be very misleading under this law.
Regards
Richard
Moses,
While I agree with you that actually for a fact we don’t have any Supreme leader in Bugisu, the law only provides for that and leaves it to us either the choose to have it as our wish and aspiration or we don’t. There is nothing in between. If you choose to have a Cultural Leader then that leader shold have the mandate and respect under the law.
The mandate of the Umukuuka is prescribed under Sec 9 of the Act , as to promote and preserve the culture of the community and the promote the development of all those who owe allegiance the the cultural leader. This mandate and responsibility is by law. Under Sec 17 the Umukuuka is personally liable for all civil acts of persons acting as his agents or employment. This is a huge burden on the cultural leader. One needs to read and appreciate what that law is all about. The Umukuuka is not like some big brother clan leader as some people may wish to believe. The Umukuuka is a creature of statute controlled by the statute.
That is very good and indeed that distinction needs to be highly appreciated.