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Thursday, 29 December 2016
The 1900 Buganda Agreement
The Buganda agreement was the most comprehensive and most sophiscated document ever produced by foreigners actin~ in concert with Africans.
I was signed on March 10 1900 between Sir Harry Johnson on behalf of the British
government and Sir Apollo Kaggwa, Zakaria Kisingiri and Stanislas Mugwanya on behalf of Buganda kingdom. These were the three regents to the infant Kabaka Daudi Chwa who couldn't negotiate agreements because of his tender age.
It dealt with four main isues i.e. finance, power boundaries, system of government and land settlement.
TERMS OF 1900 BUGANDA AGREEMENT.
These were divided into four main categories namely.-
Power boundaries. System of government Finance provisions. Land clauses.
I.Power boundary between Baganda and the British.
These fell in three articles; 5,6,8,13 and 20 of Buganda agreement and they included:
1.The kabaka gave up his claims of sovereignity on Bugaanda government to the British. All
tributes ofBusoga, Toro and Ankole were handed over to ber majesty the queen of England and not to the kabaka as before.
2.Buganda was declared a British protectorate equal in status to the rest of Ugandan provinces.
3.The clause 6 provided that the kabaka was to retain the status of a native ruler on condition of his loyalty (obedience) to her majesty the Queen of England. The Kabaka was to remain with his title of "His Highness" only if he respected the Queen of England through the resident governor.
4.The powers of Buganda courts in civil and criminal matters were surbodinated to the protectorate courts and they could only try cases between Africans and not foreigners.
5.There would be a right of African subjects to appeal to the high court of the protectorate where punishments of over 5 years of imprisonment or fines exceeding 100 pounds were involved.
6.The Kabaka was permitted to appoint the Katikkiro, chief justice and treasurer to assist him in his duties and the idea of having two Katikkiros was abolished. These were also to act as regents during Kabaka' s absence in office. The appointment of these assistants were to be done subject to the approval of the protectorate government.
7. The kabaka lost his traditional powers of arming and maintaining the army. The protectorate government took over the control of Buganda's army, trained them and brain washed them towards the interests of colonialism.
8. The "Lukiiko" that had been a supreme body in Buganda was now subjected to the protectorate government i.e the Lukiiko had both the legislative and administrative powers.
9. The British also reserved the right to abrogate the agreement themselves in case the Kabaka and his subjects became insurbodinate or unruly to the protectorate government.
10. On top of this, the agreement was written in two versions i.e. Luganda and English but in case of any conflict it was English version to be referred to. All the above demonstrate how Buganda was made a surbodinate of the British government.
II. System of Government / New Administrative Structures,
The articles of this nature were found in 1,2,3,5,9,10 and 14 provisions of Buganda agreement. They stipulated the following changes.-
1. Buganda became a province of the protectorate of the same status as other provinces of the protectorate in the country. This ended her sovereignty and superiority to the neighbouring kingdoms.
2. Buganda's boundaries were defined which included the territory referred to as lost counties of, Buyaga and Bugangaizi, also acquired Kabula and Mawogola from Ankole. This doubled Buganda's counties from 10 to 20.
3. Buganda was forced to renounce (to do away) with any territorial claims against her neighbours e.g. Bunyoro, Toro, Busoga and Ankole in favour of the Queen of England. By this provision, Buganda lost her periodic revenue collection (tributes) from such societies.
4. The kingdom would be subdivided into 20 "Sazas" or counties. There would be a Lukiiko to discuss all matters concerning nati ve administration and forward to the Kabaka the majority resolutions to be adopted in administering the kingdom. These resolutions would not be put into effect without approval of his majesty the representative governor in Buganda.
The lukiiko was consisting of three ministers and 20 Saza chiefs or their deputies. Together with 60 other members appointed by the Kabaka, 3 from each county and 6 notable persons also appointed by the Kabaka.
5. The ministers and chiefs were expected to perform in accordance with the expectations of the protectorate government. In case of a failure on part of the chief, the Kabaka was supposed to dismiss such a chief and appoint another one in his position and report to the- protectorate government.
6. The lukiiko was to be the highest court of appeal to Baganda. The powers of Buganda courts was made surbodinate to the protectorate laws. The Kabaka' s office was to remain to act as a link between Buganda and the protectorate government.
III.Finance Clauses.
These arrangements were found in the provisions of4,7,12,15,16 and 17. These dealt with taxation, salaries, land and minerals wealth in the kingdom.
I. The right to impose taxes was reserved to the protectorate government. The revenue of Buganda and all other provinces would be merged up into revenue of the protectorate government: Therefore the Kabaka lost his income rights.
2. The Kabaka was to have a guaranteed annual allowance from the protectorate local revenues of not less than 1500 pounds per year.
3. There was an imposed hut and gun tax. The hut and gun tax was specifically imposed to
restrict the ownership of guns. Even the Kabaka lost the right of arming his army after signing the Buganda agreement.
4. The protectorate government provided grants of salaries for some Baganda officials and some members of the royal family. This implies that the most important officials of the government stopped to depend on the Kabaka for grants and wealth hence reduced their obedience to the Kabaka.
IV.Land Clauses
This mainly dealt with article 13 that talked about land issues, Sir Harry Johnstone wanted to acquire as much land as possible for the protectorate government. This was because he hoped to discover mineral wealth in Buganda.
Land in Buganda was both an economic asset as well as an instrument of political control
in the hands of the Kabaka. Before the Buganda agreement, all the land belonged to the
Kabaka and it was the control of land that increased kabaka's powers.
But under the 1900 agreement, Buganda' s land was divided into 3-ownership control:
i. The free hold land was allocated to the peasants by the British government.
ii.The Mailo land was given to the royal family, ministers and the Baganda chiefs. It was called the Mailo land for it was measured in miles. This was estimated to be about 5000 Sq. Miles of land and were the fertile land in Buganda.
iii.The Crown land Was retained to the protectorate government. It was also half of Buganda's land. It included the forest areas, all the wasted and all the land.that wasn't taken by the chiefs. Crown land represented the most infertile land in Buganda and later'turned out to be useless. It was in the land clause that the Baganda chiefs benefited at the expense of the protectorate government as they controlled the most fertile land of Bugaada.
In the final analysis, the Buganda agreement was intended to strengthen the positions of the t
protectorate government at the expense of Buganda's Sovereignty. It greatly undermined
the position of the Buganda king (Kabaka), provided a background for establishment of colonial rule in Buganda in particular and Uganda in general i.e it acted as a nucleus for the colonisation of the rest of Uganda.
Revision questions.
1. Discuss the significance of the 1900 Buganda agreement in the history of Uganda.
2. "The Buganda agreement of 1900 was a basis of political, social and economic changes in
Buganda up to 1914", Discuss.
3. "A treaty between equal parties". Do you agree with this description of the 1900 Buganda agreement?
4. Was the Buganda agreement a triumph of the Buganda Christian chiefs or the British? Give
reasons.
5. To what extent was Buganda agreement of 1900 beneficial to the Baganda?
6. Discuss the impact of Buganda agreement of 1900 to Uganda
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