By Sheila Catherine Abamu
A familiar, heartbreaking scene plays out across Ugandan courts, local council offices, and family compounds every single week. A husband dies. Within days of his burial, his widow who has farmed the family land, raised children there, and contributed to the household for decade watches as her in-laws arrive to take over the property. She has no land title, no letters of administration, and no lawyer. What she has is a lifetime of unrecorded contribution and a legal system she cannot navigate.
In Uganda, the conversation around women’s land rights often focuses on the absence of legal frameworks. Yet, on paper, our architecture of protection is remarkably robust. The Constitution guarantees equality and the fundamental right to own property. The Land Act provides one of the sharpest legal tools available: Section 40, which mandates spousal consent and prohibits any dealing in family land without it. Furthermore, the progressive Succession (Amendment) Act of 2022 explicitly protects the principal residential holding, ensuring a widow cannot be lawfully evicted from her matrimonial home by extended family.
However, legislative reforms on paper do not automatically disarm hostile relatives in rural homesteads. The practical reality on the ground routinely diverges from our constitutional promise.
Approximately 80% of land in Uganda is held under customary tenure. This land is largely unregistered and governed by unwritten norms enforced through clan authority. While Section 27 of the Land Act explicitly nullifies customary decisions that deny women and children access to land, patriarchal customs persistently override statutory law. A widow’s interest frequently exists only as a social claim, making her highly vulnerable to swift eviction. Ownership on paper and contribution on the ground remain divided along gender lines.
The gap we face today is no longer primarily legislative; it is a crisis of enforcement, awareness,
and institutional practice. A legal shield that a widow does not know exists, cannot afford to
invoke, or is too intimidated to raise against her in-laws is not a shield at all.
To bridge this gap, we must rethink our approach to enforcement. For instance, the Domestic
Violence Act offers a vital, underutilized lifeline. The Act recognizes economic abuse, such as the
denial of access to a shared home, as a form of domestic violence. Where a widow faces imminent eviction, she does not need to wait for a lengthy succession dispute to conclude.
She can seek an occupation and protection order under this Act, securing her physical home while
substantive property rights are resolved.To the professionals in the real estate and financial ecosystems, bankers, lawyers, government officials, and property dealers, our responsibility is direct. Every time we process a mortgage,facilitate a land sale, or advise a family, we are either reinforcing this protective framework or quietly undermining it.
The laws to protect Uganda’s women exist. It is now up to us, the custodians of these systems, to ensure that legal ownership matches the reality of contribution, transforming our robust legal framework from a mere paper shield into a living, enforceable reality.
Sheila Catherine Abamu is the Legal Manager, KCB Bank Uganda Ltd.
