By Swift Reporter
President Yoweri Museveni has sparked fresh debate on the place of customary justice in modern Uganda after saying that, in many African traditional societies, denying a spouse sex was considered an offence punishable by community leaders.
Speaking during his national address on Saturday, Museveni used the example while arguing that indigenous systems of justice were more effective at preserving harmony within families and communities than the colonial legal framework Uganda inherited.
The President said traditional societies recognised a range of social offences that disrupted family and communal life, including kuguunga—which he described as refusing to have sexual relations with one’s spouse—and kwitsa enjara, or failing to provide adequate food for a partner.
According to Museveni, such conduct fell under a category of offences known as ebichumuro, which covered wrongdoing that did not amount to murder but nevertheless damaged relationships and social cohesion.
Other offences he listed included insulting neighbours, mistreating spouses, refusing hospitality to stranded travellers, allowing livestock to destroy another person’s crops and denying water to other people’s animals.
Unlike the modern court system, Museveni said these disputes were traditionally resolved by clan elders or local tribunals, which sought reconciliation rather than punishment. Offenders were typically required to compensate victims through fines, often paid in livestock, with the aim of restoring peace within the community.
The President contrasted this approach with today’s legal system, arguing that it often prioritises courtroom procedures and legal technicalities over establishing the truth and repairing harm.
His comments came as part of a broader defence of recent government security operations following criticism from religious leaders over alleged human rights violations and illegal detentions. Museveni maintained that Uganda’s governance and justice systems should draw more heavily on indigenous principles that emphasise accountability, responsibility and reconciliation.
Although his remarks quickly drew public attention, Museveni did not suggest that refusing a spouse sex is a criminal offence under Uganda’s current laws. Rather, he referred to the practice as an example of how traditional African societies addressed domestic disputes.
Under Uganda’s modern legal framework, spouses cannot be prosecuted simply for refusing sexual relations. The country’s laws instead address domestic abuse and violence through legislation such as the Domestic Violence Act, while criminal and civil disputes are governed by statutory law rather than customary practices.
Museveni also described how more serious crimes, particularly murder, were historically dealt with through either retaliation or negotiated compensation between clans in a reconciliation process known as okukaraba, which involved substantial reparations and rituals aimed at preventing cycles of revenge.
While much of the President’s address focused on security, corruption and governance, it was his remarks on traditional marital obligations that rapidly emerged as one of the speech’s most widely discussed moments, reigniting conversation about whether customary values still have a place in Uganda’s modern justice system.
