ALP Legal Alert

High Court’s Family Division outlaws practice of husbands bequeathing matrimonial property to an heir and, in effect, upholds a woman’s equal rights during and after marriage. Crucially, the Court also affirmed as defective a will that sought to bequeath matrimonial property or property not forming part of the deceased’s estate.

High Court grants leave for publicly listed companies to convene AGMs by electronic means or virtual platforms in wake of impracticality, owing to COVID-19 restrictions, of in-person meetings, subject to prior no-objection from the Securities Exchange and compliance with applicable notices.

The High Court found the 2017 regulations amending the schedule of the trade licensing legislation to conflict with specific laws regulating the legal profession and the pharmaceutical and clearing and forwarding businesses. The Court held it essential to consider relevant existing laws in making of subsidiary legislation or else regulations may be found ultra vires the said existing laws. The Court also regarded specific laws as taking precedence over general laws in the regulation and licensing of the professions and businesses.

This Alert addresses the implications of the new directive by the Ministry of Gender, Labour & Social Development to employers as regards submitting labour returns and statistics of their employees.

This Business Survival Toolkit offers guidance to business entities and entrepreneurs on how to manage in the wake of COVID-19 measures, particularly in respect of transnational engagements (contracts, employment, tax); survival (insolvency); and overall regulatory compliance (amidst government interventions).

Companies registered in Uganda run risk being struck off the Register of Companies for not having filed Annual Returns

In a bid to respond to emerging public health concerns, the government of Uganda has issued several regulations, including Public Health (Notification of COVID-19) Order, SI No 45/2020; Public Health (Prevention of COVID-19) (Requirements and Conditions of Entry into Uganda) Order, SI No 46/2020; Public Health (Control of COVID-19) Order, SI No 52/2020; and Public Health (Prohibition of Entry into Uganda) Order, SI No 53/2020. These regulations were issued over a week’s period between March 17, 2020 and March 24, 2020 and, while primarily aimed at prevention of spread of COVID-19 infection, the ban on, for instance, on bars and concerts (in the Control of COVID-19 Order) has had a ricochet effect upon employment, as it naturally extended to gatherings at other social events and places.

The High Court rules that employee appraisals should be conducted in accordance with standards and set timelines and the absence thereof subjects decisions of public officials or bodies on non-renewal to concerns over unfairness, arbitrariness and procedural impropriety. The Court also rules that a fixed term contract with an option for renewal creates a legitimate expectation for a renewal as well as a similar expectation of fair treatment before a decision not to renew is taken.

Ministry of Lands, Housing and Urban Development temporarily closes its Ministry Zonal Office, Surveys and Mapping, Land Registry and Land Administration Offices w.e.f. January 4-21, 2020

Industrial Court has unlimited jurisdiction on remedies it can order. A hearing envisaged under the employment law is not a requirement to hold a ‘mini-court’ and can be through letter, email or face-to-face. Employers are not obligated to clear employees’ salary loans.