The Constitutional court has dismissed a petition challenging polygamous marriages because the petitioner wasn't ready to proceed.
The petition was filed more than eight years ago by MIFUMI Project, a non-government organisation dedicated to fighting all forms of domestic violence that are driven by cultural practices.
In the petition, MIFUMI demanded that the Constitutional court declares polygamy, a practice of a man marrying more than one woman, unconstitutional on condition that it breaches human rights conventions and treaties to which Uganda is a signatory.
They argued that the custom violates the right to equality which is guaranteed to all persons by the Constitution and that polygamy is discriminatory and undermines the status, dignity, welfare and interest of women because it doesn't allow one woman to marry more than one husband.
According to MIFUMI, polygamy creates unhealthy competition for the man's attention and deprives the family members of equality to marriage since the husband cannot afford to offer undivided attention to one wife during the relationship.
They demanded that the court outlaws polygamy by nullifying all provisions of the law which endorsed the custom. Uganda has plural legal systems which recognize both monogamous and polygamous marriages, often carried out in accordance with Islamic or customary law.
When the matter came up for hearing, human rights lawyer Ladislaus Rwakafuzi told the Constitutional court that he was not ready to proceed with the case without instructions from his client, who was not in court at the time.
A representative from the Office of the Attorney General asked the court to dismiss the case saying that the case has taken long and there is no way any serious lawyer would say that he isn't ready to proceed after a period of nine years. The request was upheld by a panel of judges led by Deputy Chief Justice Alphonse Owiny-Dollo.
The justices noted that they are working tirelessly to reduce case backlog and do not expect to hear minor excuses from a senior lawyer like Rwakafuzi.
"Mr Rwakafuzi you are not a junior Lawyer. We expect something bigger and better from you", Owiny-Dollo said.
Accordingly, the court dismissed the case and noted that Rwakafuzi can still file a fresh petition if he's still interested in the ban on polygamy.
Meanwhile, a group of Muslim lawyers under their association (Uganda Muslim Lawyers Association) stormed the Constitutional court premises during court proceedings, saying that they would also wish to show interest in this matter by being part as the respondent.
The group led by one Faisal Mulira told the court that it was illegal for the petitioner to sue only the Attorney General adding that the Muslim community needed to be party to the case and present their argument in regards to Sharia law.
The Sharia law states that a man can have four wives if at all he has the capacity to take care of them equally.
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