The Continued Political and Legal
Significance of Ex parte Matovu in
Uganda
The case of Ex parte Matovu (1966) is one of the most pivotal constitutional decisions in
Uganda’s legal history. Decided in the wake of a constitutional crisis, the ruling legitimized
the controversial 1966 Constitution and introduced the doctrine of revolutionary legality
into Ugandan jurisprudence. This essay explores the background of the case, the court’s
reasoning, and how its principles continue to influence Uganda's political and legal
landscape. It also examines the ongoing relevance of the case in debates on
constitutionalism, judicial independence, and the rule of law.
In 1966, Uganda was plunged into a constitutional crisis when Prime Minister Milton Obote
suspended the 1962 Independence Constitution and introduced a new constitution without
following the legal procedure for constitutional amendment. The President at the time, Sir
Edward Muteesa II, who was also the Kabaka (King) of Buganda, was deposed, and Buganda
was invaded by government troops (Mutibwa, 1992).
Matovu, a Muganda detained under the Emergency Powers Act, challenged the legality of
the 1966 Constitution and his detention through a habeas corpus application. He argued
that the constitution under which he was detained was invalid since it was not lawfully
enacted. The case came before the High Court in In Re: The Matter of Matovu [1966] EA 514.
Court’s Reasoning and Decision
Chief Justice Egbert Udo Udoma, delivering the leading judgment, upheld the 1966
Constitution, invoking the doctrine of revolutionary legality. He reasoned that since the new
constitution had been successfully implemented and was accepted by the people and organs
of state, it had acquired legitimacy through effective control. The court emphasized that
political reality had overtaken legal technicality and that the 1966 Constitution was the new
grundnorm.
The court stated that, “A successful revolution or coup d’état leads to the creation of a new
legal order if the change is effective and accepted by the majority” (Ex parte Matovu, 1966).
This principle was not unique to Uganda; it echoed decisions from other jurisdictions where
courts validated de facto governments based on effective control (see Dosso v. The State
[1958] in Pakistan).
Legal and Political Significance
Legitimization of Unconstitutional Change.
The decision has been criticized for setting a precedent that legitimizes unconstitutional
takeovers of power. Subsequent military regimes in Uganda, including those led by Idi Amin
and Tito Okello, found indirect justification in the Matovu ruling. It undermined the sanctity
of constitutional change through legal procedures and emboldened actors who might
pursue power outside the legal framework (Oloka-Onyango, 1995).
Weakening of Judicial Independence.
The case has also been seen as an early indication of judicial deference to the executive. In
the face of political pressure and military dominance, the judiciary appeared reluctant to
confront the executive. This raised questions about the judiciary’s independence and its role
as the guardian of the Constitution (Karugire, 1980).
Enduring Influence in Constitutional Jurisprudence
Despite criticism, Ex parte Matovu remains a reference point in Ugandan constitutional law.
It is frequently cited in discussions on constitutional change and state legitimacy, especially
during transitions of power. Courts in Uganda and other African jurisdictions still refer to
the case when confronted with challenges involving the legality of new constitutions or
governments (Ssenyonjo, 2007).
Contemporary Relevance in Uganda
Constitutional Amendments and the Rule of Law
Uganda has undergone significant constitutional amendments, notably the removal of
presidential term limits in 2005 and age limits in 2017. These changes, though carried out
through parliamentary processes, were marked by allegations of intimidation and lack of
public consultation. Critics argue that the spirit of Matovu – that power legitimizes law –
continues to shape Uganda’s constitutional politics (Mwenda, 2018).
Military and Executive Dominance.
The involvement of security forces in political matters and the centralization of executive
power echo the dynamics of 1966. The Matovu case is a reminder of how courts can either
confront or accommodate such shifts. Its legacy has spurred ongoing debates about whether
courts in Uganda are truly independent or constrained by political realities (Mugambwa,
2001).
Need for Judicial Courage
The doctrine laid out in Ex parte Matovu has been challenged by modern constitutional
theorists who emphasize legality over expediency. There is a growing call for Uganda’s
judiciary to assert its independence and ensure that constitutionalism is upheld irrespective
of political convenience. Upholding the rule of law requires a judiciary willing to depart
from the passive acceptance demonstrated in Matovu (Oloka-Onyango, 2017).
In conclusion, the decision in Ex parte Matovu was a watershed moment in Uganda’s
constitutional history. While it offered a practical solution during a constitutional crisis, its
long-term impact on constitutionalism, judicial independence, and governance has been
profound and controversial. The doctrine of revolutionary legality it established continues
to influence how constitutional change is perceived and justified in Uganda. As the country
seeks to build a more democratic and accountable system, the legacy of Ex parte Matovu
serves as both a warning and a lesson on the importance of legality, legitimacy, and the role
of courts in upholding the rule of law.
References
Karugire, S. R. (1980). A Political History of Uganda. Heinemann.
Kasozi, A. B. K. (1994). The Social Origins of Violence in Uganda, 1964–1985. McGill-
Queen's University Press.
Mugambwa, J. (2001). Constitutionalism in Uganda: Myth or Reality? East African
Journal of Peace & Human Rights, 7(1), 5–27.
Mutibwa, P. (1992). Uganda Since Independence: A Story of Unfulfilled Hopes. Africa
World Press.
Mwenda, A. (2018). Uganda’s Political Transitions and the Constitution. The
Independent.
Oloka-Onyango, J. (1995). Judicial Power and Constitutionalism in Uganda. East African
Journal of Peace & Human Rights, 2(1), 1–45.
Oloka-Onyango, J. (2017). When Courts Do Politics: Public Interest Law and Litigation in
East Africa. Cambridge Scholars Publishing.
Ssenyonjo, M. (2007). The Domestic Application of International Human Rights Law in
Uganda. Netherlands Quarterly of Human Rights, 25(4), 615–642.
Ex parte Matovu [1966] EA 514 (Uganda High Court).
