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Ugandan adultery law 'too sexist' Ugandan adultery law 'too sexist'
(10 minutes later)
Uganda's adultery law has been scrapped by the Constitutional Court because it treated men and women unequally.Uganda's adultery law has been scrapped by the Constitutional Court because it treated men and women unequally.
The law made it an offence for a married woman to have an affair, but it allowed a cheating husband to have an affair with an unmarried woman.The law made it an offence for a married woman to have an affair, but it allowed a cheating husband to have an affair with an unmarried woman.
The attorney general said the move may encourage immorality and promiscuity.The attorney general said the move may encourage immorality and promiscuity.
In the same ruling, the court also scrapped parts of the Succession Act which gave more rights to men on the death of their wives, than to widows.In the same ruling, the court also scrapped parts of the Succession Act which gave more rights to men on the death of their wives, than to widows.
The attorney general had asked the court to consider amending the law, should it rule in favour of the women's case.The attorney general had asked the court to consider amending the law, should it rule in favour of the women's case.
But the court did not have the mandate to make such amendments, and decided instead to scrap the law completely, says the BBC's Sarah Grainger in the capital, Kampala.But the court did not have the mandate to make such amendments, and decided instead to scrap the law completely, says the BBC's Sarah Grainger in the capital, Kampala.
Extra-marital affairs are now legal.Extra-marital affairs are now legal.
PrinciplePrinciple
Female lawyers brought the case against the attorney general arguing that the constitution provides for principles of non-discrimination and equality before the law.Female lawyers brought the case against the attorney general arguing that the constitution provides for principles of non-discrimination and equality before the law.
This is a big success for us Lawyer Dora ByamukamaThis is a big success for us Lawyer Dora Byamukama
Dora Byamukama of the Law and Advocacy Group for Women in Uganda hailed the ruling as a big success.Dora Byamukama of the Law and Advocacy Group for Women in Uganda hailed the ruling as a big success.
"I'm glad that court has moved in this manner because waiting for the courts to construe the law in line with the constitution would have taken a long time and wouldn't be uniform," she said."I'm glad that court has moved in this manner because waiting for the courts to construe the law in line with the constitution would have taken a long time and wouldn't be uniform," she said.
She told the BBC under the adultery law, women found guilty of cheating could be fined or receive a prison sentence of up to 12 years.She told the BBC under the adultery law, women found guilty of cheating could be fined or receive a prison sentence of up to 12 years.
"The adultery law sets different standards and therefore discriminates against women," she told the BBC's Network Africa."The adultery law sets different standards and therefore discriminates against women," she told the BBC's Network Africa.
"Both man and woman who are married should be treated the same.""Both man and woman who are married should be treated the same."
PropertyProperty
The group had also asked the court to examine sections of the country's Succession Act which dealt with the division of wealth upon the death of a spouse.The group had also asked the court to examine sections of the country's Succession Act which dealt with the division of wealth upon the death of a spouse.
Under that legislation, a husband assumed all the wealth of his wife when she died, but a widow was only entitled to a fraction of her husband's assets.Under that legislation, a husband assumed all the wealth of his wife when she died, but a widow was only entitled to a fraction of her husband's assets.
Also, a father could appoint a guardian to his child in the event of his death, effectively removing his widow's authority over their son or daughter.Also, a father could appoint a guardian to his child in the event of his death, effectively removing his widow's authority over their son or daughter.
The court ruled that these sections of the act were also discriminatory and were thus declared null and void.The court ruled that these sections of the act were also discriminatory and were thus declared null and void.


What are your views? Are there circumstances when men and women should be treated differently before the law? Have you been the victim of "sexist" laws in Africa? What are your views? Are there circumstances when men and women should be treated differently before the law? Have you been the victim of "sexist" laws in Africa?
A selection of your views will be published below and broadcast on the BBC's Focus on Africa on Saturday 7 April at 1700 GMT. A selection of your comments will be published below and broadcast on the BBC's Focus on Africa on Saturday 7 April at 1700 GMT.
What a completely crazy ruling. I mean, of course it's disgraceful for women to be treated worse than men if they had an extra-marital affair, but instead of imposing stricter rules for men and defending the institution of marriage, they relaxed the law for women. Cheating is now legal!? So we're equal now. But are we really better off?Tim Chu, London, UKWhat a completely crazy ruling. I mean, of course it's disgraceful for women to be treated worse than men if they had an extra-marital affair, but instead of imposing stricter rules for men and defending the institution of marriage, they relaxed the law for women. Cheating is now legal!? So we're equal now. But are we really better off?Tim Chu, London, UK
I feel this law was to discriminate women, in most cases women are honest to their husbands, Men are most dangerous creatures in the world, and they can do anything to satisfy themselves. We married woman we are scared to just go out and do things which most man are doing, e.g. go to pubs, working late, ignoring the family at all times a women is home to make sure that the house is in order, instead this law is suppose to be on man not women Gloria, Gaborone, BotswanaI feel this law was to discriminate women, in most cases women are honest to their husbands, Men are most dangerous creatures in the world, and they can do anything to satisfy themselves. We married woman we are scared to just go out and do things which most man are doing, e.g. go to pubs, working late, ignoring the family at all times a women is home to make sure that the house is in order, instead this law is suppose to be on man not women Gloria, Gaborone, Botswana
I totally object to the legalization and support for adultery. Aside from biblical condemnation it is morally unethical in African context. This is absolutely crazy in this jet age of ours and the outbreak of so many venereal diseases. Let us as African's show by example self respect, respect for others and above all respect for our most high God. However, I'm totally against punishment discrimination on gender for adultery committed for it's a sin. NDUKWE VALENTINE, LAGOS, NIGERIAI totally object to the legalization and support for adultery. Aside from biblical condemnation it is morally unethical in African context. This is absolutely crazy in this jet age of ours and the outbreak of so many venereal diseases. Let us as African's show by example self respect, respect for others and above all respect for our most high God. However, I'm totally against punishment discrimination on gender for adultery committed for it's a sin. NDUKWE VALENTINE, LAGOS, NIGERIA
There are tremendous circumstances that openly treat women differently and usually negatively. For example when the man dies in Sudan, the brother or the nearest of his relative should continue on his brother's sake to marry the widow. Are traditions and Laws partners in conspiracies?Mary Lodira, Birmingham United KingdomThere are tremendous circumstances that openly treat women differently and usually negatively. For example when the man dies in Sudan, the brother or the nearest of his relative should continue on his brother's sake to marry the widow. Are traditions and Laws partners in conspiracies?Mary Lodira, Birmingham United Kingdom
I feel it was not fair that the Law treated women unequally but I also feel they should have amended that law rather than scraping it.Michel Nyamoga, Lusaka, ZambiaI feel it was not fair that the Law treated women unequally but I also feel they should have amended that law rather than scraping it.Michel Nyamoga, Lusaka, Zambia
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