Dr. Stephen Mutinyu – Solicitor General Inzu Ya Masaaba

By Our Staff Reporter

Uganda — 6th July 2026
Inzu Ya Masaaba (IYM) has noted increasing public debate surrounding the leadership of the Bamasaaba Cultural Institution ahead of the launch of the 2026 Imbalu season on 1st August 2026. Public statements by Mr. Stephen Masiga, suggesting that Bamasaaba who support the constitutional succession process or express a preference for Umukuka 4 HH, Mayatsa Joram Khambson of IYM, are opposing Government programmes or committing offences against the State have generated unnecessary anxiety within the community. It is therefore necessary to clarify the constitutional and legal position.

Imbalu Is a Cultural Practice, Not a Government Programme
Imbalu is not a Government programme. It is a centuries-old cultural practice of the Bamasaaba people and forms part of the cultural heritage protected under Article 37 of the Constitution, which guarantees every person the right to enjoy, practise, profess, maintain and promote their culture, cultural institutions and traditions. The role of Government is to respect, protect and promote these constitutional rights, not to own or direct the cultural practices of any community.

Similarly, a gazetted cultural leader is not a Government leader. Article 246(1) of the Constitution provides that a traditional or cultural institution exists “in accordance with the culture, customs, traditions or wishes and aspirations of the people to whom it applies.” The authority of a cultural leader therefore flows from the community and not from the Executive, a political party or any Government programme.

The process of gazettement does not create a cultural leader. It is an administrative act through which Government formally recognises a leader already identified by the community in accordance with its customs and traditions. Government does not appoint cultural leaders, determine succession or extend the tenure of a cultural leader beyond that provided for under the customs or constitution of the institution.

The Attorney General’s Legal Opinion
This constitutional position was reaffirmed by the Attorney General of Uganda in Legal Opinion Ref. AGCO16/096/01 dated 18th March 2026, in which he advised that the tenure of a cultural leader commences upon assumption of office in accordance with the customs and norms of the people concerned and not upon gazettement. Applying that principle, the Attorney General concluded that the tenure of H.R.H. Jude Mike Mudoma commenced in October 2020 and consequently expired in October 2025. The Attorney General further advised that, where the tenure of a cultural leader has expired, Government should proceed to recognise and gazette the next lawfully elected or appointed cultural leader presented in accordance with the customs of the community.

Following the expiry of that tenure, the Bamasaaba Council of Elders and the General Assembly of Inzu Ya Masaaba resolved to front His Highness Joram Khamboson Mayatsa as Umukuuka IV, and his name was duly submitted to Government for recognition.

Supporting Succession Is Not Opposition to Government
It is therefore important to appreciate that supporting a constitutional succession process, calling for the recognition of a successor, or expressing the view that the tenure of a cultural leader has expired in accordance with the Attorney General’s legal opinion, does not amount to opposition to Government or opposition to Government programmes. Equally, expressing the view that a cultural leader should relinquish office upon the expiry of his constitutional term is a matter of cultural governance and constitutional interpretation. It is not, without more, an act of political opposition or disloyalty to the State.

Articles 29 and 37 of the Constitution guarantee every Ugandan the freedoms of conscience, expression, peaceful assembly and association, as well as the right to participate in the cultural life of their community. Every Mumasaba is therefore entitled to support the cultural institution or leadership that he or she believes best reflects the wishes and aspirations of the Bamasaaba people, provided such support is exercised peacefully and within the law. These constitutional freedoms should not be curtailed through intimidation, fear or the suggestion that differing cultural views amount to criminal conduct.

The Role of Security Agencies
The Uganda Police Force and all other security agencies are established under the Constitution and the laws of Uganda to preserve public order, protect life and property, and enforce the law impartially. Their constitutional mandate is not to determine cultural succession, compel allegiance to any cultural leader, or interfere with the lawful exercise of cultural rights except where necessary to prevent breaches of the peace or to enforce lawful court orders. They are expected to discharge their duties in a manner consistent with the Constitution, the Institution of Traditional or Cultural Leaders Act, Cap. 242, and the legal guidance issued by the Attorney General.

A Call for Peace Ahead of Imbalu 2026
As the Bamasaaba prepare for the 2026 Imbalu season, Inzu Ya Masaaba calls upon all members of the community to remain peaceful and respectful of one another’s constitutional rights. Cultural differences should be addressed through dialogue, lawful institutional processes and respect for the Constitution. No Mumasaba should be intimidated or discouraged from peacefully participating in cultural activities or from supporting a cultural leadership position that he or she believes reflects the wishes and aspirations of the community.

The future of the Bamasaaba Cultural Institution will not be determined by political affiliation, public intimidation or competing narratives. It will be determined, as the Constitution commands, by the culture, customs, traditions, wishes and aspirations of the Bamasaaba people, with Government performing its constitutional role of recognition in accordance with the law.