Re Namugerwa & 2 Others

The aunt of three children applied for guardianship of the children and the land they inherited following the death of their father. The Court was unable to determine some critical information, including whether the children had a surviving parent and the source of the funds the aunt used to care for the children. The Court was also concerned that the children’s mother might be alive and the automatic guardian, but that the aunt was chosen because she was related to the children’s male parent. Under most customary community traditions in Uganda, being a paternal ancestor would give the aunt guardianship priority over the mother. The Constitutional Court found these practices unconstitutional.