Buganda Constitution, 1954

IDENTITY STATEMENT AREA

Reference code(s): ICS 110

Title: Buganda Constitution, 1954

Date(s): 1954 - 1954

Level of description: Fond

Extent and medium of the unit of description: 2 volumes

CONTEXT AREA

Name of creator(s): High Court of Uganda

Administrative/Biographical history: In November 1953, the Protectorate Government of Uganda withdrew recognition of Mutesa II as native ruler of the Province of Buganda. This status had been held by the Kabaka under the Buganda Agreement of 1900, following the establishment of a British Protectorate in 1894. The Agreement also provided for the withdrawal of recognition, as occurred in 1953, should the Kabaka no longer remain faithful to the protecting authority. Following the withdrawal of recognition of the Kabaka, he was deported to Britain. The court case, heard in 1954, tested various constitutional questions arising from this and subsequent actions, and found in favour of the Protectorate Government.

Because of the constitutional difficulties arising at this time, the Protectorate Government set up a Conference to consider the situation further. This took place in 1954 also, and was headed by Sir Keith Hancock (then Director of the Institute of Commonwealth Studies in London). The Conference made various recommendations regarding the future Constitution of Buganda. The implementation of the agreed recommendations of the Conference, and the outcome of the court case, ultimately led to the return of Mutesa II two years later as a constitutional monarch.

Archival history: The material was donated to ICS by the legal adviser to the Colonial Office in 1956.

Immediate source of acquisition or transfer:

CONTENT AND STRUCTURE AREA

Scope and content: Proceedings, evidence, documents and judgement in the case, which was brought to test the legality of the withdrawal by the Protectorate Government of recognition of the Kabaka Mutesa II as native ruler of the Province of Buganda was illegal, and actions by the Government affecting the Constitution. Judgement was in favour of the Protectorate Government.

Appraisal, destruction and scheduling information:

Accruals: No further material on this topic is expected.

System of arrangement: The original arrangement has been retained.

CONDITIONS OF ACCESS AND USE AREA

Conditions governing access:

Conditions governing reproduction:

Language/scripts of material: English

Physical characteristics:

Finding aids: A descriptive list is available in ICS Library

ALLIED MATERIALS AREA

Existence and location of originals: The original copies of the judgement should be available in the archives of the High Court of Uganda.

Existence and location of copies:

Related units of description: Papers relating to the Hancock Commission into Buganda constitutional issues are in ICS 29/1.

The PRO holds several Colonial Office and other files concerning the Kabaka and Buganda at this period, mostly in CO 822.

Publication note:

DESCRIPTION CONTROL AREA

Recorder's note:

Rules or conventions: Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.

Date(s) of descriptions: February 2002

Interest: Black

Specific group:

Subjects

Independence

Decolonization

Constitutional history

Colonial administration

Personal/Corporate names

Mutesa II, 1924-1969

Kabaka of Buganda

Hancock, Keith, Sir

Places

East Africa

Uganda, East Africa

Uganda Protectorate