That it individualized the most contested regions of customary marriage ceremonies regarding position out of women’s legal rights”

MIFUMI appealed to your Ultimate Courtroom contrary to the choice of the Constitutional Court one disregarded the petition (Get a hold of Supreme Judge off Uganda (2015) Mifumi (U) Ltd & Anor Against Lawyer General & Anor (Constitutional Notice No. 02 of 2014) UGSC thirteen. On the , by the a lot of six to one (which have Justice Kisaakye dissenting), the Best Judge evaluator unanimously declared new custom out of refunding bride speed into the dissolution out-of a customary matrimony are governed unconstitutional. However, it influenced that held that bride rates does not fetter new totally free agree out-of persons planning to get married, and consequently, is not into the solution from Blog post 29(3) of Structure.

Into problem of refund, Fairness Tumwesigye next kept: “I think, it is a contradiction to say that fiance price is an excellent present to the parents of one’s bride-to-be for caring this lady, next deal with just like the right need for a refund of your own gift at the dissolution regarding , p. 44). He added you to definitely:

“The brand new customized from reimburse out-of fiance rates devalues the worthiness, respect and you can self-respect out of a female; . ignores new share of your girl for the matrimony to the full time of their malfunction; . is actually unfair for the moms and dads and you may family of your own lady when he’s asked so you can refund brand new fiance speed shortly after several years of marriage; . will get hold the girl inside a keen abusive marital matchmaking getting fear you to the woman parents could be in big trouble using its incapacity to reimburse bride-to-be price; . and you will tends to make , pp. 44–46)

Nevertheless the lead lent weight with the dispute you to definitely people is actually the first ever to change, and it is simply later on your legislation captures with they

Fairness Kisaakye concurred: “Considering the serious consequences one a female, their family members and you can lover get face regarding a spouse who’s requiring refund regarding his fiance speed, it is not far-fetched in order to envisage your requirements so you’re able to reimburse bride-to-be rate what is smooch can get push girls to remain in abusive/hit a brick wall wedding facing the tend to” (p. 68).

In his investigation of your MIFUMI instance, new legal beginner Teacher Chuma Himonga (2017, p. 2), measures up bride to be rate so you can lobola into the South Africa, and concludes one “Basically, the wisdom confirms you to definitely bride to be rates has actually both positive and negative consequences with respect to ladies’ legal rights”. The guy extra you to “Mifumi cared for an important custom into the vintage wedding – brand new commission out-of lobola on place out of a marriage, and its fees at the end and dissolution away from a wedding.

The choice of the Supreme Legal so you’re able to outlaw fiance rate refund are a primary step forward on improvement women’s liberties. It was a great landmark governing you to put an excellent precedent during Africa, where bride rates wasn’t challenged because a person legal rights point within the a court of law. Even though the choice try conservative from inside the maintaining you to definitely bride-to-be rate for every se is constitutional, and also in that it regard produced simply incremental improvements, its outlawing regarding bride to be rates refund acts as a stimulant for other person legal rights demands that are implicit in such items once the polygamy, partner genetics and you can FGC.

From the Best Courtroom, Fairness Tumwesigye inside the head judgement approved the commercialisation off bride to be rate “is served by supported in order to undermine value to your custom” (MIFUMI Instance, 2015, p. 26). Fairness Tumwesigye along with acknowledged that the issue of moms and dads in a few Ugandan teams deleting the significantly less than-decades girl off college or university and forcing them to wed manageable to get their children’s bride-to-be price got widely reported by NGOs concerned with child’s interests, and you may offered thorough exposure from the mass media; the guy decided it reflected poorly with the law enforcement organizations.