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Succession Bill: Feminists finally agree with President Museveni

President Museveni

President Museveni

Women activists have conceded and agreed with President Museveni’s proposals in the Succession Amendment Bill 2021 on sharing the deceased's estate.

Parliament in March 2021, passed the Succession Bill which seeks to ensure equality and equity in the distribution of the deceased estates. The bill repeals the succession law which is traced back to 1906.

The bill's main objective is to provide for the rights of women and also ensure equality between the spouses in the distribution of property or estates of the deceased. It among other things; makes it compulsory for testators to provide for spouses, lineal descendants, and dependent relatives in their wills.  

However, in August this year, the president returned the bill for reconsideration stating that new clauses be included because in current state it would most likely bring disharmony between the surviving spouse and dependent relatives.

Clause 14 reads that; where the intestate is survived by a spouse and a dependent relative with no lineal descendants, the spouse shall receive 80 per cent and the dependent shall receive 20 per cent of the whole property of the intestate.

The president said that this is a complete departure from the earlier provisions of the law with no clear justification.

“It will interfere with the beneficiary’s interests where the surviving spouse’s share increases from 50 per cent to 80 per cent and reduces the dependent relatives' share from 49 per cent to 20 per cent,” Museveni argued.

The president also added that the amendment would not only be unfair to the dependent relatives but would create misunderstandings between the surviving spouse and the dependent relative.

The current law gives 50 per cent of the estate to the widow or widower, 49 per cent of the estate to the dependent relative and 1 per cent to the customary heir. Now women activists led by the Uganda Women Parliamentary Association (UWOPA) said on Thursday that they concede to the president's proposals. 

The women organizations represented including LANDnet Uganda and Women Land Rights Movement among others, appeared before the legal and parliamentary affairs committee that is currently recon

Women activists have conceded and agreed with President Museveni’s proposals in the Succession Amendment Bill 2021 on sharing the deceased's estate.

Parliament in March 2021, passed the Succession Bill which seeks to ensure equality and equity in the distribution of the deceased estates. The bill repeals the succession law which is traced back to 1906.

The bill's main objective is to provide for the rights of women and also ensure equality between the spouses in the distribution of property or estates of the deceased. It among other things, makes it compulsory for testators to provide for spouses, lineal descendants, and dependent relatives in their wills.  

However, in August this year, the president returned the bill for reconsideration stating that new clauses be included because in current state it would most likely bring disharmony between the surviving spouse and dependent relatives.

Clause 14 reads that; where the intestate is survived by a spouse and a dependent relative with no lineal descendants, the spouse shall receive 80 per cent and the dependent shall receive 20 per cent of the whole property of the intestate. The president said that this is a complete departure from the earlier provisions of the law with no clear justification.

“It will interfere with the beneficiary’s interests where the surviving spouse’s share increases from 50 per cent to 80 per cent and reduces the dependent relatives' share from 49 per cent to 20 per cent,” Museveni argued.

The president also added that the amendment would not only be unfair to the dependent relatives but would create misunderstandings between the surviving spouse and the dependent relative.

The current law gives 50 per cent of the estate to the widow or widower, 49 per cent of the estate to the dependent relative and 1 per cent to the customary heir. Now women activists led by the Uganda Women Parliamentary Association (UWOPA) said on Thursday that they concede to the president's proposals. 

The women organizations represented including LANDnet Uganda and Women Land Rights Movement among others, appeared before the legal and parliamentary affairs committee that is currently reconsidering the bill and said they agreed with almost all the provisions in the bill.

Bwamba County MP Richard Gafabusa, a member of UWOPA presented the statement on behalf of the delegation and informed the committee that the women activists had concurred with all provisions in the bill save for the need to clearly define residential home and separation as well as the need to delete the provision illegitimate children.

"What if the child is discovered after the death of this person because there are incidences when a child is discovered after the parent has died. In such a situation, the parent might have died without realizing that the child existed and did not acknowledge such a child. He could have shared a child with a woman and the woman kept quiet and you should take care of the child," said Gafabusa. 

Abdu Katuntu the Bugweri County MP put the women rights activists to task why they didn’t bother addressing themselves to the issues raised by Museveni before returning the bill.   

Lillian Achola from LANDnet said that after the bill was returned, the women activists held a meeting with the attorney general and legal committee where they conceded to the president's views .

Meanwhile, Uganda Law Society (ULS) has asked parliament to allow spouses that have been separated for less than 2 years to benefit from estates of their spouses instead of the proposal by the government that barred separated spouses from benefitting from the estates.

Government is seeking to replace section 30 of the principal Act and create a new provision reading; "A surviving spouse of an intestate shall not take any interest in the estate of the intestate if, at the death of the intestate the surviving spouse was separated from the intestate as a member of the same household."

Dr Harriet Diana Musoke, senior counsel at ULS said the law if passed in its current form would be unfair to spouses and instead, there should be a time frame within which the separated couple wouldn’t benefit from the estate.

ULS is also against a section in the proposal that will bar attaching the residential home in case the deceased incurred debt on the property without seeking consent from the spouse.

 

Comments

+1 #1 Joel Katumba 2021-10-29 13:03
Let us assume there was a legal separation betweeneen the testator and surviving spouse and the procedure included dividing of the estate, why would the latter claim a share from the remainder?
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+1 #2 James Yakobo 2021-10-30 11:37
Why should a woman who has separated from her husband due to disrespect, adultery etc want a share of my estate?

This will breed unstable families and even death. These feminist are failures in their marriages and they also want to do business with the marriage bill- Let them go to hell.
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0 #3 Kawaya Kadogo 2021-10-31 15:59
The debate/discussion should be about the succession law for the president.
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0 #4 Zaitun 2021-10-31 16:43
Most of these so-called Feminists have failed in their marriages and would like to do eveything possible so that those women who believe in marriages be disturbed.

What this ugly man is intending to do is simply destroy family values as if the destruction he has done to the country is not suffient enough.

Now that he is facing criticism everyday, he has found a new outlet by engaging our so-called Feminists to cause havoc as is now taking place in western societies.

Who do they think they are, the so-called feminists? Their next step will be to seek for divorce simply because they would like to possess all what their spouses have been dying to construct.

After having destroyed the country, this man would like to leave behind a completly destroyed country without family values.

Wake up countrymen and women. All he is doing have been well planed. Now those assisting him to destroy the country further are our own women, mothers and sisters!
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