Ignorance of the law is no Defence

Ignorance of the law is no Defence if your intellect is biased towards continued learning and investigation, your simply outdated out m

Ignorance of the law is no excuse is a page whose sole purpose is to instill a culture of personal investigation,continued learning.Ignorantia iris nocet.Being uninformed is harmful because Nemo censetur ignorare legem.As citizens of our various nations were expected to know and obey all laws of our nations in addition to state or local statutes.Were also expected to know the relevant court opinio

ns and recommendations that interpret the breadth and depth of all these laws.So this page disproves the notion that ignorance is bliss because as regards the law ignorance of it affords no excuse. The truth will set you free and that includes avoiding a jail term

31/12/2017

Have yourselves a fruitful and happy 2018.

30/12/2017

Terminology in Law.
In Criminal law,A prosecutor prosecutes a Defendant And the result of the Prosecution if successful is a Conviction.
In a Civil trial,A plaintiff(e.g. brings an action against) a defendant.The proceedings if successful result in Judgement for the Plaintiff.
In applications for a writ of habeas corpus or for judicial review by means of an order of mandamus,Prohibition or certiorari,or otherwise,the parties are called applicant and respondent and the relief sought concerns dissolution of the marriage,consequential financial arrangements,and the custody of children.

Its common to see sign posts stating that "Trespassers will be prosecuted" but legally speaking,this is a wrong announcement. Trespass has traditionally been a Civil wrong and not a crime. As such you cant prosecute a trespasser.

30/12/2017

LEGAL RESEARCH.
First there's the bible
And then the Koran,
Odgers on libel,
Pope's Essay on Man.-Mostyn T.Piggot,The Hundred best books.

George III is reputed to have said that lawyers do not know much more law than other people,but they know better where to find it.
Whatever a law student writes,He or She must remember that one of the prime qualities of a lawyer is accuracy.
All your quotations must be verbatim;all your citations must follow accepted forms;all your statutes must be checked to make sure that they havent been ammended or repealed;and if there be any doubt,your cases must be checked to make sure that they have not been reversed,overruled,or questioned.

-Glanville Williams,"Learning the Law"11Ed.London,Stevens and sons 1982 Pg.174

30/12/2016

Can the Law be separated Morals?
Natural law commands that any legal system must have moral goals and moral values.That the law is right reason in agreement with nature,that the law is Universal,eternal and unchanging.
We can see that many Countries still retain moralistic rules for instance Many African Countries criminalize acts like Homosexuality and Abortion.
The question however is Should law and morality be viewed as separate and apart from one another?
Many laws of nations still contain moral contents but should moral considerations be excluded from law making?
Should Moral principles stand outside the legal system?
The history of the 20th century has showed that the practical separation of law from justice or morals leads to devastating social consequences.Perhaps one might succeed in separating justice from law and in compelling obedience through force as a matter of human realty however the implementation of such a program will result in the ruination of Human communities.
N**i Germany is a good example;The Nuremberg race laws of per world war two counted as laws simply because of their source-the N**i state.But these laws permitted mass human rights atrocities some of which included the legal obligation to murder Jews!
So should the state be the sole source of human rights?
Should not Law conform in some sort to the basic attributes of human nature?
The Idi Amin reign of terror in Uganda is another example.The years of 1979-1980s were characterized by decrees that were largely unjust.For instance the land decree of 1979 that made all mail and customary land Government property.People were deprived of their private land simply because the sovereign declared so.
N**i Germany and Amin all collapsed largely because of separating the law from justice.
A state that treats its populace fairly,that builds public institutions, that promotes an equitable legal order,will command the respect of its people and will thrive in the long run.Its also true that a state that fails in these responsibilities is on the other hand,ripe for ruin.
So to say that the law should be separated from morality or the ends of justice is to create a recipe of violence.N**i Germany fell short of the mark in its denial of Basic Human rights and of Morals themselves.

30/12/2016

The state must refrain from coercion or matters on matters of conscience.

Deep within his conscience,Man discovers a law he has not laid upon himself but which he must obey.Its voice ever calling him to love and to do what is good and to avoid evil,tells him inwardly at the right moment; to do this; to shun that.For man has in his heart a law inscribed by God.His dignity lies in observing the law,by it he will be judged.

19/11/2016

Is BeIN media Group doing legal business in Uganda??

The Uganda Communications Commission UCC is a body corporate established under Section 4 of the Uganda Communications Act 2013 with a mandate to regulate the telecommunications, Radio,Television broadcasting, Postal and courier Services industry in Uganda.
Section 5(k) of the UCC Act provides that one of the functions of the Commission is to promote and safeguard the interests of Consumers and operators as regards the quality of equippement and communications.
Its obvious BeIN provides low cost yet high quality Entertainment on its Bouquets However what is in contention is whether they are operating Legally in Uganda.
According to a letter by the Uganda Communications Commission dated 12th march 2015,"...BeIN does not have broadcasting rights in Uganda and therefore broadcasting BeIN content is illegal."
It further writes that "...the public is advised not to procure any decoders that do not bear the approval mark of the commission".
Further UCC warns that in exercise of its powers under section 6 of the UCC Act 2013 and clause 23 of the Regulations the commission shall not hesitate to carryout further enforcement Action.

Questions to ask ourselves as Ugandans.
1.Has the Legislative Assembly done enough to promulgate Strong laws and regulations that would help curb such anomalies because its obvious BeIN Media Group identified an anomally in the Existing Laws through which it entered the Ugandan Market.
2.Does UCC has the rights the powers and the technology to switch off BeIN signals from Uganda or is it powerless as far as his is concerned?
3.BeIN has been around the Ugandan Market for quite some time now offering cheap decoders to Ugandans who've complained of high monthly subscription fees by other companies offering satelliteTV.

Is the situation complicated than what meets the eye??

Over to you.

18/11/2016



Founded in the second decade of British imperialism in Uganda MAK evolved from being a small Technical College to a reputable institution of Higher Learning in Uganda,Africa and the World.
Founded in the 1920s MAK was initially a Technical college to serve students from the British East African Territories of Kenya,Tanganyika and Uganda.Hence the initial technical college offered limited certificate courses in agriculture,carpentry,medical care,moto mechanics,teacher training and veterinary science.Following the Asquith report in 1949,the college obtained a semi autonomous status and in a special arrangement it became affiliated to London University.
Between 1950-1961 the college admitted its first students to London University where they gained Degrees.
Between 1962-1970 the college changed its status to become one of the three colleges of the University of East Africa.However owing to nationalist pressures in the region,at the close of this phase in 1970,the University of East Africa was dissolved into three full-fledged Universities is Makerere,Nairobi and Dar es Salem.
The 1970s were bad days for Makerere University as these were the days of Idi Amin.Generally during the 1970s and 1980s,Uganda underwent severe Political and economic crises hence the financial outlook of the education sector was a reflection of the country's fiscal position and performance.
Correspondingly the upswing in the country's economy brought about corresponding fluctuations of government funding to the education sector.
So Economic and Political crises of the two decades jeopardized MAKs ability to survive.

Underfunding accentuated and exposed old and new problems at MAK leading to a total of seven students and staff riots and protests and to the closing of the University in November 1989(Makerere University Visiting Committee Report 1990-1991).Internally the crises that brought MAK to the near brink of collapse were mainly and of education and between the University and the state.
Underfunding led to bare labalotories,empty library shelves,an and academic staff and a sharp detoriation in the quality of student life.
Resident halls were overcrowded despite converting the hall libraries and common rooms into additional sleeping rooms.
Underfunding also made extra curricular activities non existent with no games facilities and equippement.

Poor stocking of the university Bookshop was a result of underfunding this led to an inadequate book/student ratio.Govt grants to the University bookshop had decreased over the years.The little support which was received often came in too late with some books coming at the end of the academic year.
Another related factor is that the Main Library remained in a sorry state as several sections of the Library were unlit, there were leaks in the roof and no toilet facilities let alone a paucity of general reading and reference books and journals .
Quality of Education was also affected by the and overcrowded infrastructure. Because no additional teaching spaces were constructed, the rapid increase in student population completely oustripped the available for .
and the of the University provided additional space for lectures.(Has this problem been resolved as of 2016/2017 academic year?)


Under funding led to depletion of staffing and accelerated staff exit. were sometimes they came eg in December 1989 not one member of the entire University staff got their salaries and wages in time for Christmas(Ngobi's submission:Makerere University Visitation committee Report 1990-1991:6).
.

The University Act of 1970 was always a stumbling block in MAKs development despite its amendments in 1973 and 1975

It was largely archaic in that it rendered too much control over the University administration to the Government.
The Act designated the University Council as the supreme governing body and employer.In section 22 it also created an independent Appointments board as a Authority.
This Act equally constrained the University's ability to raise or spend Money without the governments approval eg section 25 of the Act forbed the University to dispose of its Surplus funds on fixed accounts without the prior approval of the Ministry of Education .
Section 35 of the Makerere University Actof 1970 empowered the Minister to iinterfere with the University Administration ie he could direct the administration on anything
Section 22 of the Act gave the Minister powers to appoint professors,Deans and Director of Facilities
This Act therefore empowered bad govts to formulate bad policies to govern MAK.

of Democratic Rights (students and staff)
The 1970s and 1980s bore witness to vicious attacks on students and staff's form of protest and input ie Makerere Students Guild was abolished in 1978,MUASA was banned in 1975.During this period every effort was taken to silence and curtail students and academic staff.

It was not until 1986 when the advent of the government introduced conditions condusive to the enjoyment of Participatory democracy .

To be Continued

15/11/2016

Is Ignorance bliss?

I think we'd all like to see a boxing match between the "knowledge is power people" Vs the "Ignorance is bliss" people though I have a feeling the ignorant people will refrain from learning boxing!

Do you agree that ignorance is bliss?
Do you agree that sometimes it is better to not know certain things?
Does Knowing too much overwhelm people?

Let's try to ponder on the above questions.

A wife is cheating on her husband but she is a great wife she is a life companion who really needs a little bit of 'adventure' in her life.Should we then say that its better for the husband to stay ignorant of her covetousness because he will not be able to handle these striking facts?
Not knowing would lead to a life ever after but what if the man gets to know?Would there be a happily ever after?

I've read up on a story of a white photographer who came to Africa to photogragh the life and culture of Africans but as he got to know more about our lives and how miserable we are he really got so depressed he took he's own life.Do you think ignorance would have been a real bliss in his case?

Take an example of Our country Uganda.so much is going on some of which is annoying depressing and stressing for instance a couple days ago the news ran a report of a man who allegedly shot another because he apparently brushed his car chassis with that of the alleged shooter.To some this is a reason to avoid watching TV because such horrific stuff overwhelms many with thoughts that they start wishing they never knew.

However some say its better not to know because if knowledge is power then equally someone can choose not to know and still feel good about themselves.
Take an instance of the 1800 African society,we were ignorant of other races as we thought we are the only ones on Earth but does that mean we were sad or worrisome? of course not.
But did knowledge of the presence of other races make our lives better?
Over to you.

07/01/2016

EVENTS THAT MADE HEADLINES IN 2015

07/01/2016

KNOW YOUR RIGHTS
PART THREE
AND RESPONSIBILITIES OF A TENANT
A Tenant has a duty to pay rent and respect the terms and conditions under which the premises are rented.
The Rent Restriction Act is to the effect that a tenant who fulfills the conditions of the Agreement can't be evicted.If in case the tenant fails to pay rent,a Landlord is supposed to give notice.It has to be reasonable i.e atleast 2 weeks notice.
So what if a Tenant fails to pay rent??
Landlord can consficate their property BUT it should be done lawfully.The landlord must Apply to court to get an order that allows them to consficate property as lien until the tenant pays up.
Most Landlords consficate property illegally.If they do,they can be challenged in court whereby the tenant seeks a court order that there property be released.
Another tenants rights is quiet posession of premises as long as they have paid up rent and complied with other terms of the tenants agreement.They have a right to live Peacefully and undisturbed.

07/01/2016

KNOW YOUR RIGHTS
PART TWO
PROCESS
So when can a Tenant be Evicted?
1).A Tenant can only be evicted after a 3 Months' Notice But the Parties can Agree otherwise in advance i.e prior to entering the premises,the Landlord and tenant through the tenants agreement can agree on the period of notice before Eviction.
3 Months Notice Must be in Written form for clarity and future reference.
If after 3 months,a tenant has failed to heed to the call i.e failed to pay rent,The Landlord should then file an Eviction Order from Court.
Causes of Evictions.
a)Misuse and damage of property i.e carrying out activities in the premises which are contrary to the law such as prostitution,Malicious damage to the Property i.e pulling out doors,windows etc.
b)Property Devaluation.Here a tenant conducts an activity on the premises that would reduce the value of the property such that certain people will feel less interested in occupying the Property i.e sale of drugs.
End of part two.

07/01/2016

KNOW YOUR RIGHTS.
PART ONE.

THE TENANT LANDLORD RELATIONSHIP.
Studies show that every 8 in 10 people will live as tenants in their life-time.Its therefore Prudent that a person Knows the Law relating to his or her tenancy.
A Landlord and Tenant relationship is governed by a)The Rent Restriction Act and b)A tenants' Agreement.
The Rent Restriction Act governs the Landlord Tenant Relationship in terms of Rent.
The Tenants' Agreement governs their relationship in repect of their rights and duties under the Agreement.
Tenants Agreement.
Before a person rents a premise(s),he or she should make a written agreement between them and the Landlord.It is this Agreement that will govern the relationship between the Landlord and Tenant.
Its advantageous in many ways some of which are;During a possible eviction of the Tenant by the Landlord,Failure to pay rent by the tenant,Instances where Landlord increases rent fees abruptly,etc.
End of Part one.

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