Evidence of battered woman syndrome or other domestic abuse may be presented to the court, given that such evidence may be relevant to support a defense of provocation or self-defense in criminal proceedings.
The law does not restrict protection orders being issued to protect employees experiencing domestic violence. There are no specific rules applicable to domestic violence in the workplace and the protection of employees. However, the Employment (Sexual Harassment) Regulations, 2012 specifically regulate the sexual harassment of employees in the workplace. These regulations, for example, provide that employers with more than 25 employees must adopt a policy against sexual harassment in the workplace and must establish a sexual harassment committee. Further, the regulations provide for the procedure to lodge a complaint of sexual harassment in the workplace. Family members of victims of domestic violence can take reasonable leave to help victims seek treatment or obtain help and services. In most workplaces, reasonable leave may be referred to as compassionate leave to assist a victim of domestic violence.
Please refer to section 6.2.1.
Please refer to section 6.2.1.
Ugandan law does not contain specific provisions that are intended to prevent abusers, who are citizens or permanent residents, from using immigration laws to perpetrate domestic violence against their spouse(s). Section 40 of the Sexual Offenses Bill, 32 of 2019 looks to provide the extraterritorial application of the law to combat sexual violence on Ugandan citizens by Ugandan citizens and residents while outside the country.
We are not aware of any specific immigration remedies that are available to battered immigrants who cooperate with law enforcement in instances of domestic violence. Furthermore, the law is silent on asylum accessibility.
Please refer to section 6.3.1.
In terms of Ugandan law, a military protection order is not available to victims who experience domestic violence perpetrated by a member of the military.
In terms of Section 6(7) of the Domestic Violence Act, a local council court must inquire into and establish whether there are children involved in the domestic relationship where a complaint of domestic abuse has been made. Section 6(8) of the Domestic Violence Act requires that, where it is established that children are involved, the local council court must make a written order to the probation and social welfare officer to make an inquiry and to take any necessary action regarding the welfare of the child in accordance with the Children Act. The overriding consideration in cases involving children is the "best interest of the child." However, there are no special rules to determine custody or visitation rights.
A judge can rely on the evidence of a spouse or child in determining custody, provided that the evidence is reliable and credible and the person testifying is a competent witness within the meaning of the Evidence Act.
Please refer to section 6.5.1.
In terms of Ugandan law, tenancy agreements are contractual in nature. The overriding consideration in tenancy agreements is that the contract should not offend public policy. Nevertheless, there are no express provisions in any law providing any barriers that prevent landlords from forcing tenants to vacate because the tenants are victims of domestic violence.
In the event that a tenancy agreement contains an express provision on early termination based on domestic violence, the provision would be valid and enforceable. In the absence of such a provision, the law does not provide for early termination based on domestic violence.
In terms of Regulation 33 of the Domestic Violence Regulations, where there are exceptional circumstances, regarding a protection order, a court may order that a perpetrator of domestic violence vacate the matrimonial home. A matrimonial home is understood to mean the principal residence for married persons. Exceptional circumstances will exist where the perpetrator threatens to kill the victim or where the perpetrator has attempted to kill the victim. A decision to order that a perpetrator vacate the matrimonial home must be made based on evidence submitted before the respective court and a report by the probation and social welfare officer. The court must consider the following:
- the respective housing needs of the parties and children if any
- the financial resources of either party
- the likely effect of the order on the health, safety and welfare of the parties and the children, if any
- where the court considers it in the interest of justice to do so
The report prepared by the probation and social welfare officer must contain the following information:
- the place of residence of the victim and perpetrator
- whether the couple live in a rented home or not and, if so, the party responsible for the payment of rent
- whether the applicant is employed and has the capacity to pay the rent
- the reasonable accommodation needs of all persons who may be affected by the order
- the best interests of the children of the applicant's family, if any
The court is under an obligation to make an order where it appears likely that the applicant, a child or any other person will suffer significant harm if the order is not made. If an order to vacate the matrimonial home is made, the court must serve a copy of the order on the officer in charge of the police station that is nearest to where the complainant resides and the local council chairperson in the area in which the complainant resides.
Neither the Domestic Violence Act nor the Domestic Violence Regulations specifically deal with the question of whether abusers can be forbidden by a court order to alienate or mortgage the property in his/her name if it is the family domicile. However, in terms of the Mortgage Regulations, 2 of 2012, before a party can take out a mortgage, it must be established if that person has a spouse and, if so, the person must make a statutory declaration to that effect and must attach a copy of their marriage certificate as proof. It does not distinguish between parties married in a community of property or parties married out of a community of property.
Please refer to section 6.6.1.
A charge for the possession of drugs may not be brought under domestic violence legislation and a conviction on a domestic violence charge will be restricted to the sentence provided under the relevant law. The possession of drugs is a separate offense, a charge for which must be brought under the National Drug Policy and Authority Act and/or the National Drugs and Psychotropic Substance (Control) Act, 2019. A domestic violence conviction alone cannot prevent an abuser from possessing drugs. However, an abuser may be prevented from possessing drugs in circumstances where the abuser is charged and convicted for both, an offense of domestic violence and an offense of drug possession, on the same charge sheet. For a joinder of offenses, where an accused person is alleged to have committed more than one offense, he/she may be charged in the same proceedings with all the offenses provided that the offenses are founded on the same facts or form part of a series of offenses of the same or similar character.[39]
In terms of Regulation 43 of the Domestic Violence Regulations, where a court is satisfied, based on the evidence placed before it, that a perpetrator of domestic violence is in control of a dangerous weapon and that such weapon has been or is likely to be used in domestic violence, the court may order that the weapon be seized. As such, there is no peremptory requirement for legal authorities to seize the weapons of a perpetrator.
A separate civil process is not required. However, in terms of Regulation 43(2), regarding the application by any person, the court may make an order for the seizure of any dangerous weapon that is in the possession or under the control of the perpetrator, where the court is satisfied on the evidence placed before it that the dangerous weapon has been used or is likely to be used in domestic violence. The application for this order can be made orally or in writing. We envisage that the application can take place on an interlocutory basis in writing or by the applicant's representative on their feet (as it were) if it were requested orally.
We note that a court may also refer a matter involving dangerous weapon(s) in the possession or under the control of the perpetrator to the police for seizure and custody.