CASE STUDIES OF COLLABORATION: BUGANDA.

In 1875, starting from the south, Stanley travelled around Lake Victoria and ended up in the court ofBuganda's Kabaka Muteesa I. Buganda's collaboration with British had began as far back as 1862 when Kabaka Muteesa I welcomed John Speke. The coming in of Stanley added on another good impression. Stanley's visit coincided with threats being mounted on Buganda from Bunyoro and Egypt from the North.

However, Muteesa's experience with John Speke taught him an important lesson that the white man was powerful and if he befriended him, Muteesa would have a lot of advantages over his enemy neighbours. It was his hospitality and his impression on Europeans that made him welcome another explorer Henry Morion Stanely in 1875.

By this time, Muteesa I was already convinced that the Europeans were strong and he requested Stanley to write a letter inviting European Christian missionaries to his land. This letter led to the coming of Church Missionary Society missionaries in 1877 and the Roman Catholic white fathers in 1879.

By 1884, at the death of Kabaka Muteesa I, Europeans had already established themselves in Buganda especially through their Missionary work, which produced a class of Baganda converts who collaborated with the British in estabalishing colonialism in Buganda and the rest of the country.

REASONS FOR COLLABORATION OF BUGANDA.

The coming in of first explorers and long distance traders in Kabaka's palace notified him about the usefulness of a gun especially in matters of political control. Therefore, Kabaka Muteesa I collaborated because he wanted guns to fight his neighbours especially Bunyoro under Kabalega who was expanding eastwards.

Through the messengers of Charles Gordon, the governor of Equatorial Province, Muteesa 1 had learnt the ambitiousness of Khedive Ismail of Egypt to conquer the source of River Nile. He therefore invited Christian missionaries not necessarily for the need of Christianity but because -he wanted Europeans in his kingdom who would defend him against Egyptians.

Baganda wanted to behave in confirmity with expectations of a good Christian convert. The Baganda became the first beneficiaries of Christian teaching after embracing the white man's religion. They saw a necessity for collaboration as good Christian converts, to them resistance meant being antiprogress and irreligious

Baganda recognised their military weakness. The Baganda also collaborated because they were convinced that the military might of the British could not be challenged. Kabaka Mutesa's delegation to queen Victoria of England in 1875 explained the British military might

The Baganda also collaborated to gain wealth and raided items from Bunyoro. This is why they accepted to be armed against Kabalega of Bunyoro. The war against Bunyoro provided them with a lot of territory and looted property.

A number of Baganda collaborated as a strategy for personal advancement. These were opportunists who jumped on the colonial band-wagon in order to reap the fruits of collaboration. Many of these were employed as chiefs, tax collectors, law enforcement officers and became the functionaries of colonial rule both in Buganda and the rest of Uganda. Such included Semei Kakunguhl who played a leading role in spreading colonial rule in Eastern Uganda. Others were Apollo Kaggwa, Stanslus Mugwanya and Prince Mbogo who were all allies because of the British power and influence,

The religious wars especially between 1886-1893 created a lot of confusion to the kingdom. The conflicts between protestants and catholics encouraged the British to come to establish colonial rule in Buganda. Since these were Christian converts it became very easy for the British to put them under their rule. The Buganda agreement of 1900 demonstrates the role of Christian converts in putting Buganda under colonial rule.

HOW THE BAGANDA COLLABORATED.

To a large extent, the Baganda collaborated with the British colonialist in the following ways:

Unlike some societies in Africa, the Baganda were hospitable and accommodative. They Invited and welcomed Christian missionaries in their kingdom who brought the collaboration response to climax with the signing of 1900 Buganda agreement.

They embraced Christian teachings and this created a number of followers who were ready even to die in the name of Jesus Christ. Missionaries used a lot of propaganda involving quotations in the Bible that made Baganda fail to oppose the white men hence leading to easy colonisation of the Baganda

They accepted to be employed as administrators, tax collectors, supervisors and law enforcement officers. They were even employed in the imposition of colonial rule outside Buganda. For example, Sir Apollo Kaggwa and Semei Kakungulu. As a matter of appreciation Baganda were rewarded with two kingdoms of Buyaga and Bugangaizi. This was because they had allied with the British in their war against Kabalega. They were responsible for the defeat and capture of both Mwanga and Kabalega.

They accepted to pay taxes, provide labour and to grow cash crops tike cotton and coffee. This explains why cash crop growing registered success in Buganda than elsewhere, in the country.

They agreed to hand over their independence by signing the Buganda agreement with the British in 1900 despite its restrictions on Buganda kingdom and Kabaka's powers. This was an extreme way of collaboration.

Instead of Luganda language, they adopted the use of English language as the official hence a sign of collaboration. Important kingdom documents were made in English because they were simpler to read by the white men.

Baganda participated in cash crop growing such as cotton and coffee, which they did not know their end product. Their food production strategy was abandoned which resulted into famine outbreak in Buganda Kingdom. Hence a sign of collaboration.

However, they resisted to a small extent:

Kabaka Mwanga openly opposed the activities of the British colonial rule in Buganda by killing Bishop Hannington and massacring many other colonial converts in 1886. However this led to his exilement in Seychelles Island in 1899.

Baganda refused to pay taxes. A lot offeree and manpower has to be used in collection of hut tax, gun tax and poll tax from Baganda. Local chiefs lived in a risk of being dismissed after failing to raise expected tax revenues from the subjects.

Britain was involved in land grabbing for example after the signing of the Buganda agreement part of Buganda land was taken over by the British government and named it "Crown land" while the Baganda were offered the chance to share the remaining land and it was named "mailo land" because it was measured in miles, chiefs and other notable ones in Buganda had powers of taking big shares of mailo land than peasants among others. This caused resistance to Baganda squatters.

There was resistance against growing of coffee. Many had to be whipped before their involvement in coffee activities. Thus the origin of the term "Kiboko" meaning a whip as another brand of coffee cash crop in Uganda.

BUGANDA

In Uganda, Britain had originally proclaimed a protectorate over Buganda only but between 1894-1914 a successful effort was made to extend the protectorate over other non-Buganda areas first by trying to create a larger Buganda especially in western Buganda by using the Kabaka himself.  In light of the North and North Eastern areas of Buganda, the British employed the services of the Baganda agents under the leadership of Semei Kakungulu in what historians refer to as the Buganda imperialism.

Following the departure of the IBEACO and the attempt by Fredrick Lugard to convince the British government on the need to take over Uganda in whose opinion unless the British government took over, the missionaries and Protestants in particular would be destroyed by their opponent notably the Muslims and Catholics.  Secondly Lugard argued that the Germans were likely to take over the control of Buganda which was the source of the Nile and hence jeopardize the British stay in Egypt.

Lastly he argued that Uganda was commercially viable such that the British could easily sell their products and Uganda would supply raw materials to British industries.

Following the reports of Captain Fredrick Lugard, the British government decided to send Sir Gerald Portal who was influenced by the missionaries to speak in favour of Captain Lugard and it was on this basis that on 1st April 1893 portal pulled down the company’s flag and replaced it with the Union Jack which was symbolic of the declaration of the British protectorate over Uganda.  Hereafter Gerald Portal signed a treaty with Kabaka Mwanga of Buganda in what came to be known as the Portal-Mwanga treaty of 1893.

According to this treaty, other agreements which Kabaka Mwanga had made with the company were modified.

·      Kabaka Mwanga and his subjects were to come under British protection.

·      The Kabaka was prevented from entering into any other agreement which any other European      power without permission of the Governor. 

·      Tribute from Busoga which was a tributary state of Buganda was stopped forthwith.

·      The Kabaka lost his authority as the sole giver of land in Buganda which allowed anybody in    Buganda the freedom of buying and owning land.

·      Britain through the Central government became absolute controller of Buganda finances.

·      The Kabaka was to stop appointing his own servants for this was handed over to the British    resident in Uganda. 

The Portal treaty was merely provisional and was confirmed in 1894 by another treaty signed by Col. Colville with Mwanga having similar provisions.

A critical analysis of the terms of the treaty justify that Kabaka Mwanga had remained a mere political puppet or stooge for all this powers had been ceded to the British government and indeed Buganda had by this time fallen prey to the British protection such that in June 1894 a protectorate was declared.

Kabaka Mwanga after signing the two treaties came to realize that he had made a political mistake for his authority had been taken over by the British and Buganda as a powerful kingdom had lost her identity which he couldn’t tolerate so he had no alternative than resisting British rule, regain his authority and the independence of the Buganda kingdom which is what came to be known as the Kabaka Mwanga revolt of 1897.

Mwanga was also not very happy with the influence of the Buganda Protestant Christian chiefs who supported the treaties and collaborated with the British so he decided to revolt to chase away the British and to have proper control over his rebellions Protestant Christian chiefs.

In addition, Mwanga was angered when his pages were removed from the palace after he was accused of homosexuality by the British central government in Uganda and thus opted to revolt in order to clear his image.

Mwanga with the support of catholic christians was determined to remove the Protestant influence which had been established in Buganda by Captain Lugard who had put political affairs in the hands of the Protestant Christian chiefs.

It was from the above factors that Kabaka Mange begun to organize for a revolt, escaped from his Mengo court in July 1897 and fled to South Western Buganda present day Masaka district where the British influence wasn’t big, this was in Buddu at the place called Kabwoko followed by many of his subject from all religious groups thus enabling him to stage a rebellion.

This revolt however was opposed by the senior Protestant government leaders and chiefs like Sir Opollo Kaggwa, Senior government catholic chiefs such as Stanslus Mugwanya and Senior Muslim leaders like Prince Mbogo and Thaibu Magato who gave their support, power and influence on the side of the colonial government hence a combined army of the British forces and followers of the Christian Ganda chiefs attacked and defeated Mwanga at the battle of Kabwoko.  Mwanga escaped and fled to Tanzania (Mwanza) from where he tried to make a come-back to Buganda and on his way he linked up with Kabalega of Bunyoro in Lango and the two were captured by a combined force of the Ganda Christian chiefs  exiled in Seychelles where Mwanga died while Kabalega who had been converted to Christianity and baptized with the name of John died in Jinja while on his way to Bunyoro in 1923.

Meanwhile the Kabaka of Buganda was officially deposed by the acting commissioner Col. Trevor Teman and replaced by an infant King Daudi Chwa but because of his age, three reagents were appointed to administer the kingdom on his behalf among whom included Sir Apollo Kaggwa senior Katikiro and Protestant, Stansilus Mugwanya a senior catholic chief and Zakaria Kisingiri a senior Protestant chief.

It was under this circumstances that in July 1899 Sir Harry Johnstone was appointed special commissioner to Uganda, instructed to ensure that the whole of Uganda was under the British protectorate, prevent her from declaring her own independence and develop Uganda as a financially self supporting country.  It was under these circumstances that Sir Harry Johnstone concluded a treaty with the regents of Buganda on behalf of the young Kabaka Chwa II in what has come to be known as the Buganda agreement of 1900.

THE 1900 BUGANDA AGREEMENT

In July 1899, after the exiling of Kabaka Mwanga to Seychelles Island where he was later on to die, Sir Harry Johnston was appointed special commissioner of Buganda on behalf of her majesty the queen of England and he was instructed to ensure that the whole of Uganda was under the British protectorate, prevent Buganda from declaring her own independence and to also see how Uganda could develop as a financially self sustaining country.

It was on this basis that the 1900 Buganda agreement was concluded between Sir Harry Johnston on behalf of the British government and the three regents in the personalities of Sir Apollo Kaggwa, Stanislus Mugwanya and Zakaria Kisingiri in what came to be known as the famous Buganda agreement that the three signed on behalf of the infant Kabaka Daudi Chwa.

REASONS FOR SIGNING

The Buganda agreement was signed because of the following reasons:

·      It was necessary to define the position of Buganda in the country.

·      It was important to introduce law and order in the country.

·      Uganda had been in turmoil since 1896, partly due to Mwanga and Kabalega’s rebellions.

·      The cost of running the administration had become so great for the British Government to bear, it was necessary to find a way of reducing the administrative costs.

·      To introduce the basis of the British colonial rule in Uganda

·      To legalise and formalise the British colonial rule in Buganda.

·      They also wanted to introduce social, economic and political transformation necessary for the British colonialism in Uganda.

·      The British wanted to make a spring board for the establishment of colonial to other parts of Uganda.

·      They wanted to find a way of exploiting Uganda’s resources by following a legal means.

·      They wanted to weaken the powers of the king so as to strengthen British administration in Uganda

·      Through the Buganda agreement, they wanted to protect the British officials and missionaries and also to alert other colonial powers that Uganda was their colony.

Because of the above reasons, Sir Henry Johnston was sent to Uganda in 1899, to try and make Uganda pay for the administration.  He negotiated with the Baganda chiefs for about four months until he reached an agreement with them.

TERMS OF THE BUGANDA AGREEMENT

This refers to the real content of the agreement that is what each article of the agreement was dealing with.

In broad outlook, there were three main terms namely, land, finance or taxation, and leadership or government.

LAND

·      The Buganda boundaries were defined and were to include the Bunyoro lost counties of Buyaga and Bugangaizi. The "lost counties" had been cut from Bunyoro and given to Buganda as a gift for the part the latter played in helping the British to defeat Bunyoro

·      The size of Buganda was increased from 10 counties to 20 counties to be managed by county (saza) chiefs and they were distributed as follows: 11 protestant chiefs, 8 Catholics and 1 Moslem chief.

·      Buganda land was divided into two parts as Mailo and Crown land.  Mailo land was divided among the Kabaka, his family, ministers, chiefs and other notables.

·      The other half of the land, which remained after removing Mailo land, became crown land that is belonging to the protectorate.

·      Land ownership was changed. Originally, land belonged to the Kabaka but this time, ownership was freehold that is property of the owner.

·      The people were left to farm the land which they had been using.

·      LEADERSHIP

·      Buganda was to become one of the provinces of the Uganda Protectorate

·      Responsible people rendering services to the protectorate were to be paid some salary. Buganda's Ministers and county chiefs were to be paid for their work.

·      The Buganda laws were to remain in force as long as they did not conflict with those of the protectorate and the Kiganda system was upheld.

·      The Kabaka and the Lukiiko were to continue ruling but the Kabaka became the nominee of the British and there was to be the British governor above him.

·      The Kabaka was to work as a link between protectorate and the British.  He was to rule through the Lukiiko (Local Parliament), which also performed legislative and judicial functions.

·      The Kabaka was to be recognised as the hereditary native ruler of Buganda and was to be given the title of  "His Highness".  He was to be assisted by three officers that is the Katikiro (Prime Minister), Omuwanika (Treasurer) and Omulamuzi (Chief Justice).

·      The Lukiiko was to be legitimate Legislative Council in Buganda (ie setting laws) for Buganda. It as to consist of 89 members, 60 members were to be appointed, 20 were to be Saza(county) chiefs, 3 were to be Ministers, prime Minister, Treasurer and Chief Justice, 6 were to be nominees by the Kabaka.

·      TAXATION

·      On the side of finance and taxation, all the revenue collected was to go to the protectorate government. 

·      A hut tax of three rupees and a gun tax were to be levied if any person possessed them. 

·      It was agreed that there was to be no taxation imposed upon the Baganda unless the Lukiiko approved of it.

·      Buganda's revenue was to be used collectively with that got from the rest of the protectorate for the good of all the Ugandans.

·      The chiefs and king of Buganda were to be given salaries.

·      The mineral wealth of Buganda and utilisation of the forest was to be the right of ht Protectorate Government.

·      THE ORIGINAL VERSION OF THE UGANDA AGREEMENT OF 1900

·      We, the undersigned, to wit, Sir Henry Hamilton Johnston, K.C.B., Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General for the Uganda Protectorate and the adjoining Territories, on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India, on the one part; and the under-mentioned Regents and chiefs of the Kingdom of Uganda on behalf of the Kabaka (King) of Uganda, and the chiefs and people of Uganda, on the other part: do hereby agree to the following Articles relative to the government and administration of the Kingdom of Uganda.

1. The boundaries of the Kingdom of Uganda shall be the following: starting from the left bank of the Victoria Nile at the Ripon Falls, the boundary shall follow the left bank of the Victoria Nile into Lake Kioga, and thence shall be continued along the centre of Lake Kioga, and again along the Victoria Nile as far as the confluence of the River Kafu, opposite the town of Mruli.

From this point the boundary shall be carried along the right or eastern bank of the River Kafu, up stream, as far as the junction of the Kafu and Embaia. From this point the boundary shall be carried in a straight line to the River Nkusi, and shall follow the left bank of the River Nkusi down stream to its entrance into the Albert Nyanza. The boundary shall then be carried along the coast of the Albert Nyanza in a south-westerly direction as far as the mouth of the River Kuzizi, and thence shall be carried up stream along the right bank of the river Kuzizi to near its source.

The boundary shall then follow the Anglo-German frontier to the coast of the Victoria Nyanza and thence shall be drawn across the waters of the Victoria Nyanza in such a manner as to include within the limits of the Kingdom of Uganda the Sese Archipelago (including Kosi and Mazinga), Ugaya, Lufu, Igwe, Buvuma, and Lingira Islands. The boundary, after including Lingira Islands, shall be carried through Napoleon Gulf until it reaches the starting point of its definition at Bugungu at the Ripon Falls on the Victoria Nile.

To avoid any misconception it is intended by this definition to include within the boundaries of Uganda all the islands lying off the North-west coast of the Victoria Nyanza in addition to those specially mentioned.

2 The Kabaka and chiefs of Uganda hereby agree henceforth to renounce in favour of Her Majesty the Queen any claims to tribute they may have had on the adjoining provinces of the Uganda Protectorate.

3 The Kingdom of Uganda in the administration of Uganda Protectorate shall rank as a province of equal rank with any other provinces into which the Protectorate may be divided.

4 The revenue of the Kingdom of Uganda, collected by the Uganda Administration, will be merged in the general revenue of the Uganda Protectorate, as will that of the other provinces of this Protectorate.

5 The laws made for the general governance of the Uganda Protectorate by Her Majesty's Government will be equally applicable to the Kingdom of Uganda, except in so far as they may in any particular conflict with the terms of this Agreement, in which case the terms of this Agreement will constitute a special exception in regard to the Kingdom of Uganda.

6 So long as the Kabaka, Chiefs, and people of Uganda shall conform to the laws and regulations instituted for their governance by Her Majesty's Government and shall co-operate loyally with Her Majesty's Government in the organization and administration of the said Kingdom of Uganda, Her Majesty's Government agrees to recognize the Kabaka of Uganda as the native ruler of the province of Uganda under Her Majesty's protection and over-rule. The King of Uganda shall henceforth be styled His Highness the Kabaka of Uganda.

On the death of a Kabaka, his successor shall be elected by a majority of votes in the Lukiko, or native council. The range of selection, however, must be limited to the Royal Family of Uganda, that is to say, to the descendants of King Mutesa. The name of the person chosen by the native council must be submitted to Her Majesty's Government for  approval, and no person shall be recognized as Kabaka of Uganda whose election has not received the approval of Her Majesty's Government.

The jurisdiction of the native Court of the Kabaka of Uganda, however, shall not extend to any person not a native of the Uganda province. The Kabaka's courts shall be entitled to try natives for capital crimes, but no death sentence may be carried out by the Kabaka, or his Courts, without the sanction of Her Majesty's representative in Uganda. Moreover, there will be a right of appeal from the native Courts to the principle Court of Justice established by Her Majesty in the Kingdom of Uganda as regards all sentences which inflict a term of more than five years' imprisonment or a fine of over £100. In the case of any other sentences imposed by the Kabaka's Courts, which may seem to Her Majesty's Government disproportioned or inconsistent with humane principles, Her Majesty's representatives in Uganda shall have the right of remonstrance with the Kabaka, who shall, at the request of the said representative, subject such sentence to reconsideration.

The Kabaka of Uganda shall be guaranteed by Her Majesty's Government from out of the local revenue of the Uganda Protectorate a minimum yearly allowance of £500 a year.

During the present Kabaka's minority, however, in lieu of the above-mentioned subvention, there will be paid to the master of his household, to meet his household expenditure, WO a year, and during his minority the three persons appointed to act as Regents will receive an annual salary of £400 a year. Kabakas of Uganda will be understood to have attained their majority when they have reached the age of 18 years. The Kabaka of Uganda shall be entitled to a salute of nine guns on ceremonial occasions when such salutes are customary.

7 The Namasole, or mother of the present Kabaka. (Chua), shall be paid during her lifetime an allowance at the rate of £50 a year. This allowance shall not necessarily be continued to the mothers of other Kabakas.

8 All cases, civil or criminal, of a mixed nature, where natives of the Uganda province and non-natives of that province are concerned, shall be subject to British Courts of Justice only.

9 For purposes of native administration the Kingdom of Uganda shall be divided into the following districts or administrative counties:

(1) Kiagwe

(11) Butambala (Bweya)

(2) Bugerere

(12) Kiadondo

(3) Bulemezi

(13) Busiro

(4) Buruli

(14) Mawokoto

(5) Bugangadzi

(15) Buvuma

(6) Buyaga

(16) Sese

(7) Bwekula

(17) Buddu

(8) Singo

(18) Koki

(9) Busuju

(19) Mawogola

(10) Gomba (Butunzi)

(20) Kabula

At the head of each county shall be placed a chief who shall be selected by the Kabaka's Government, but whose name shall be submitted for approval to Her Majesty's representative. This chief, when approved by Her Majesty's representative, shall be guaranteed from out of the revenue of Uganda a salary at the rate of E200 a year. To the chief of a county will be entrusted by Her Majesty's Government, and by the Kabaka, the task of administering justice among the natives dwelling in his county, the assessment and collection of taxes, the upkeep of the main roads, and the general supervision of native affairs. On all questions but the assessment and collection of taxes the chief of the county will report direct to the King's native ministers, from whom he will receive his instructions. When arrangements have been made by Her Majesty's Government for the organization of a police force in the province of Uganda, a certain number of police will be placed at the disposal of each chief of a county to assist him in maintaining order. For the assessment and payment of taxes, the chief of a county shall be immediately responsible to Her Majesty's representative, and should he fail in his duties in this respect, Her Majesty's representative shall have the right to call upon the Kabaka to dismiss him from his duties and appoint another chief in his stead. In each county an estate, not exceeding an area of 8 square miles, shall be attributed to the chieftainship of a county, and its usufruct shall be enjoyed by the person occupying, for the time being, the position of chief of the county.

10 To assist the Kabaka of Uganda in the government of his people he shall be allowed to appoint three native Officers of State, with the sanction and approval of Her Majesty's representative in Uganda (without whose sanction such appointments shall not be valid)-a Prime Minister, otherwise known as Katikiro; a Chief Justice; and a Treasurer or Controller of the Kabaka's revenues. These officials shall be paid at the rate of £300 a year. Their salaries shall be guaranteed them by Her Majesty's Government from out of the funds of the Uganda Protectorate. During the minority of the Kabaka these three officials shall be constituted the Regents, and when acting in that capacity shall receive salary at the rate of £400 a year. Her Majesty's chief representative in Uganda shall at any time have direct access to the Kabaka, and shall have the power of discussing matters affecting Uganda with the Kabaka alone or, during his minority, with the Regents, but ordinarily the three officials above designated will transact most of the Kabaka's business with the Uganda Administration. The Katikiro shall be ex officio the President of the Lukiko, or native council; the Vice-President of the Lukiko shall be the native Minister of Justice for the time being; in the absence of both Prime Minister and Minister of Justice, the Treasurer of the Kabaka's revenues, or third minister, shall preside over the meetings of the Lukiko.

11 The Lukiko, or native council, shall be constituted as follows: 'In addition to the three native ministers who shall be ex officio senior members of the council, each chief of a county (twelve in all) shall be ex officio a member of the Council. Also each chief of a county shall be permitted to appoint a person to act as his lieutenant in this respect to attend the meetings of the council during his absence, and to speak and vote in his name.

The chief of a county, however, and his lieutenant may not both appear simultaneously at the council. In addition, the Kabaka shall select from each county three notables, whom he shall appoint during his pleasure, to be members of the Lukiko or native council. The Kabaka may at any time deprive any individual of the right to sit on the native council, but in such a case shall intimate his intention to Her Majesty's representative in Uganda, and receive his assent thereto before dismissing the member. The functions of the council will be to discuss all matters concerning the native administration of Uganda, and to forward to the Kabaka resolutions which may be voted by a majority regarding measures to be adopted by the said administration.

The Kabaka shall further consult with Her Majesty's representative in Uganda before giving effect to any such resolutions voted by the native council, and shall, in this matter, explicitly follow the advice of Her Majesty's representative. The Lukiko, or a committee thereof, shall be a Court of Appeal from the decisions of the Courts of the First Instances held by the chiefs of counties. In all cases affecting property exceeding the value of £5, or imprisonment exceeding one week, an appeal for revision may be addressed to the Lukiko. In all cases involving property or claims exceeding £100 in value, or a sentence of imprisonment exceeding five years, or sentences of death, the Lukiko shall refer the matter to the consideration of the Kabaka, whose decision when countersigned by Her Majesty's chief representative in Uganda shall be final. The Lukiko shall not decide any questions affecting the persons or property of Europeans or others who are not natives of Uganda. No person may be elected to the Lukiko who is not a native of the Kingdom of Uganda. No question of religious opinion shall be taken into consideration in regard to the appointment by the Kabaka of members of the council. In this matter he shall use his judgement and abide by the advice of Her Majesty's representative, assuring in this manner a fair proportionate representation of all recognised expressions of religious belief prevailing in Uganda.'

12 In order to contribute to a reasonable extent towards the general cost of the maintenance of the Uganda Protectorate, there shall be established the following taxation for Imperial purposes, that is to say, the proceeds of the collection of these taxes shall be handed over intact to Her Majesty's representative in Uganda as the contribution of the Uganda province towards the general revenue of the Protectorate.

The taxes agreed upon at present shall be the following:

'(a) A hut tax of three rupees, or 4s. per annum, on any house, hut or habitation used as a dwelling place.

(b) A gun tax of three rupees, or 4s. per annum, to be paid by any person who possesses or uses a gun, rifle or pistol.'

The Kingdom of Uganda shall be subject to the same Customs Regulations, Porter Regulations, and so forth, which may, with the approval of Her Majesty, be instituted for the Uganda Protectorate generally, which may be described in a sense as exterior taxation, but no further interior taxation, other than the hut tax, shall be imposed on the natives of the province of Uganda without the agreement of the Kabaka, who in this matter shall be guided by the majority of votes in his native council.

This arrangement, however, will not affect the question of township rates, lighting rates, water rates, market dues, and so forth, which may be treated apart as matters affecting municipalities or townships; nor will it absolve natives from obligations as regards military service, or the up-keep of main roads passing through the lands on which they dwell. A hut tax shall be levied on any building which is used as a dwelling-place. A collection of not more than four huts, however, which are in a separate and single enclosure and are inhabited only by a man and his wife, or wives, may be counted as one hut. The following buildings will be exempted from the hut tax: temporary shelters erected in the fields for the purposes of watching plantations; or rest houses erected by the roadside for passing travellers; buildings used solely as tombs, churches, mosques or schools, and not slept in or occupied as a dwelling; the residence of the Kabaka and his household (not to exceed fifty buildings in number); the residence of the Namasole, or Queen Mother (not to exceed twenty in number); the official residences of the three native ministers, and of all the chiefs of counties (not to exceed ten buildings in number); but in the case of dispute as to the liability of a building to pay hut tax, the matter must be referred to the collector for the province of Uganda, whose decision must be final. The collector of a province may also authorize the chief of a county to exempt from taxation any person whose condition of destitution may, in the opinion of the collector, make payment of such tax an impossibility. By collector is meant the principal British official representing the Uganda Administration in the province of Uganda.

The representative of Her Majesty's Government in the Uganda Protectorate may from time to time direct that in the absence of current coin, a hut or gun tax may be paid in produce or in labour according to a scale which shall be laid down by the said representative.

As regards the gun tax, it will be held to apply to any person who possesses or makes use of a gun, rifle, pistol, or any weapon discharging a projectile by the aid of gunpowder, dynamite or compressed air.

The possession of any cannon or machine gun is hereby forbidden to any native of Uganda. A native who pays a gun tax may possess or use as many as five guns.

For every five or for every additional gun up to five, which he may be allowed to possess or use, he will have to pay another tax. Exemptions from the gun tax will, however, be allowed to the following extent: 'The Kabaka will be credited with fifty gun licences free, by which he may arm as many as fifty of his household.

The Queen mother will, in like manner, be granted ten free licences annually, by which she may arm as many as ten persons of her household; each of the three native ministers (Katikiro, Native Chief Justice, and Treasurer of the Kabaka's revenue) shall be granted twenty free gun licences annually, by which they may severally arm twenty persons of their household.

Chiefs of counties will be similarly granted ten annual free gun licences; all other members of the Lukiko or native council, not Chiefs of counties, three annual gun licences, and all landed proprietors in the county, with estates exceeding 500 acres in extent, one free annual gun licence.'

13 Nothing in this Agreement shall be held to invalidate the preexisting right of the Kabaka of Uganda to call upon every able-bodied male among his subjects for military service in defence of the country; but the Kabaka henceforth will only exercise this right of conscription, or of levying native troops, under the advice of Her Majesty's principal representative in the Protectorate.

In times of peace, the armed forces, organized by the Uganda Administration, will probably be sufficient for all purposes of defence, but if Her Majesty's representative is of opinion that the force of Uganda should be strengthened at any time, he may call upon the Kabaka to exercise in a full or in a modified degree his claim on the Baganda people for military service. In such an event the arming and equipping of such force would be undertaken by the administration of the Uganda Protectorate.

14 All main public roads traversing the Kingdom of Uganda and all roads the making of which shall at any time be decreed by the native council with the assent of Her Majesty's representative, shall be maintained in good repair by the chief of the Saza (or county) through which the road runs. The chief of a county shall have the right to call upon each native town, village, or commune, to furnish labourers in the proportion of one to every three huts or houses, to assist in keeping the established roads in repair, provided that no labourers shall be called upon to work on the roads for more than one month in each year. Europeans and all foreigners whose lands abut on established main roads, will be assessed by the Uganda Administration and required to furnish either labour or to pay a labour rate in money as their contribution towards the maintenance of the highways. When circumstances permit, the Uganda Administration may further make grants from out of its Public Works Department, for the construction of new roads or any special repairs to existing highways, of an unusually expensive character.

15 The land of the Kingdom of Uganda shall be dealt with in the following manner: Assuming the area of the Kingdom of Uganda, as comprised within the limits cited in this agreement, to amount to 19,600 square miles, it shall be divided in the following proportions:

 

Square miles

Forests to be brought under control of the Uganda Administration

1,500

Waste and uncultivated land to be vested in Her Majesty's Government, and to be controlled by the Uganda Administration

9,000

Plantations and other private property of His Highness the Kabaka of Uganda

350

Plantations and other private property of the Namasole
(Note.-If the present Kabaka died and another Namasole were appointed, the existing one would be permitted to retain as her personal property 6 square miles, passing on 10 square miles as the endowment of every succeeding Namasole.)

16

Plantations and other private property of the Namasole, Mother of Mwanga

10

To the Princes: Joseph, Augustine, Rarnazan, and Yusufu-Suna, 8 square miles each

32

For the Princesses, sisters, and relations of the Kabaka

90

To the Abamasaza (chiefs of counties), twenty in all 8 square miles each (private property): 160

Official estates attached to the posts of the Abamasaza, 8 square miles each: 160

320

The three Regents will receive private property to the extent of 16 square miles each: 48

And official property attached to their office, 16 square miles each, the said official property to be afterwards attached to the posts of the three native ministers: 48

96

Mbogo (the Muhammedan chief) will receive for himself and his adherents

24

Kamswaga, chief of Koki, will receive

20

One thousand chiefs and private landowners will receive the estates of which they are already in possession, and which are computed at an acreage of 8 square miles per individual, making atotal of

8,000

There will be allotted to the three missionary societies in existence in Uganda as private property, and in trust for the native churches, as much as

92

Land taken up by the Government for Government stations prior to the present settlement (at Kampala, Entebbe, Masaka, among others., among others.)

50

Total

19,600

After a careful survey of the Kingdom of Uganda has been made, if the total area should be found to be less than 19,600, then that portion of the country which is to be vested in Her Majesty's Government shall be reduced in extent by the deficiency found to exist in the estimated area. Should, however, the area of Uganda be established at more than 19,600 square miles, then the surplus shall be dealt with as follows:

'It shall be divided into two parts, one-half shall be added to the amount of land which is vested in Her Majesty's Government, and the other half will be divided proportionately among the properties of the Kabaka, the three Regents or native ministers, and the Abamasaza, or chiefs of counties.

'The aforesaid 9,000 square miles of waste or cultivated, or uncultivated land, or land occupied without prior gift of the Kabaka or chiefs by bakopi or strangers, are hereby vested in Her Majesty the Queen of Great Britain and Ireland, Empress of India, and Protectress of Uganda, on the understanding that the revenue derived from such lands shall form part of the general revenue of the Uganda Protectorate.

'The forests, which will be reserved for Government control, will be, as a rule, those forests over which no private claim can be raised justifiably, and will be forests of some continuity, which should be maintained as woodland in the general interests of the country.

'As regards the allotment of the 8,000 square miles among the 1,000 private landowners, this will be a matter to be left to the decision of the Lukiko, with an appeal to the Kabaka. The Lukiko will be empowered to decide as to the validity of claims, the number of claimants and the extent of land granted, premising that the total amount of land thus allotted amongst the chiefs and accorded to native landowners of the country is not to exceed 8,000 square miles.

'Europeans and non-natives, who have acquired estates, and whose claims thereto have been admitted by the Uganda Administration, will receive title-deeds for such estates in such manner and with such limitations, as may be formulated by Her Majesty's representative. The official estates granted to the Regents, native ministers, or chiefs of counties, are to pass with the office, and their use is only to be enjoyed by the holders of the office.

'Her Majesty's Government, however, reserves to itself the right to carry through or construct roads, railways, canals, telegraphs or other useful public works, or to build military forts or works of defence on any property, public or private, with the condition that not more than 10 per centum of the property in question shall be taken up for these purposes without compensation, and that compensation shall be given for the disturbance of growing crops or of buildings.'

16 Until Her Majesty's Government has seen fit to devise and promulgate forestry regulations, it is not possible in this Agreement to define such forests rights as may be given to the natives of Uganda; but it is agreed on behalf of Her Majesty's Government, that in arranging these forestry regulations, the claims of the Baganda. people to obtain timber for building purposes, firewood, and other products of the forests or uncultivated lands, shall be taken into account, and arrangements made by which under due safeguards against abuse these rights may be exercised gratis.

17 As regards mineral rights. The rights to all minerals found on private estates shall be considered to belong only to the owners of these estates, subject to a 10 per centum ad valorem duty, which shall be paid to the Uganda Administration when the minerals are worked. On the land outside private estates, the mineral rights shall belong to the Uganda Administration, which, however, in return for using or disposing of the same must compensate the occupier of the soil for the disturbance of growing crops or buildings, and will be held liable to allot to him from out of the spare lands in the Protectorate an equal area of soil to that from which he has been removed. On these waste and uncultivated lands of the Protectorate, the mineral rights shall be vested in Her Majesty's Government as represented by the Uganda Administration. In like manner the ownership of the forests, which are not included within the limits of private properties, shall be henceforth vested in Her Majesty's Government.

18 In return for the cession to Her Majesty's Government of the right of control over 10,550 square miles of waste, cultivated, uncultivated, or forest lands, there shall be paid by Her Majesty's Government in trust for the Kabaka (upon his attaining his majority) a sum of £500, and to the three Regents collectively, £600, namely, to the Katikiro £300, and the other two Regents £150 each.

19 Her Majesty's Government agrees to pay to the Muhammedan Uganda Chief, Mbogo, a pension for life of £250 a year, on the understanding that all rights which he may claim (except such as are guaranteed in the foregoing clauses) are ceded to Her Majesty's Government.

20 Should the Kingdom of Uganda fail to pay to the Uganda Administration during the first two years after the signing of this Agreement, an amount of native taxation, equal to half that which is due in proportion to the number of inhabitants; or should it at any time fail to pay without just cause or excuse, the aforesaid minimum of taxation due in proportion to the population, or should the Kabaka, Chiefs, or people of Uganda pursue, at any time, a policy which is distinctly disloyal to the British Protectorate; Her Majesty's Government will no longer consider themselves bound by the terms of this Agreement.

On the other hand, should the revenue derived from the hut and gun tax exceed two years running a total value of £45,000 a year, the Kabaka and chiefs of counties shall have the right to appeal to Her Majesty's Government for an increase in the subsidy given to the Kabaka, and the stipends given to the native ministers and chiefs, such increase to be in the same proportional relation as the increase in the revenue derived from the taxation of the natives.

21 Throughout this Agreement the phrase 'Uganda Administration' shall be taken to mean that general government of the Uganda Protectorate, which is instituted and maintained by Her Majesty's Government; 'Her Majesty's representative' shall mean the Commissioner, High Commissioner, Governor, or principal official of any designation who is appointed by Her Majesty's Government to direct the affairs of Uganda.

22 In the interpretation of this Agreement the English text shall be the version which is binding on both parties.

Done in English and Luganda at Mengo, in the Kingdom of Uganda, on the 10th March, 1900.

H. H. JOHNSTON, Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General,      on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India.

APOLLO, Katikiro, Regent.

MUGWANYA, Katikiro, Regent.

MBOGO NOHO, his X mark.

ZAKARIA KIZITO, Kangawo, Regent.

SEBAUA, Pokino.

YAKOBO, Kago.

PAULO, Mukwenda.

KAMSWAGA, of Koki, his X mark.

 

(On behalf of the Kabaka, Chiefs, and people of Uganda.) Witness to the above signatures:

F. J. Jackson, Her Majesty's Vice-Consul.

J. Evatt, Lieutenant-Colonel.

James Francis Cunningham.

Alfred R. Tucker, Bishop of Uganda.

Henry Hanlon, Vicar Apostolic of the Upper Nile.

E. Bresson (for Mgr. Streicher, White Fathers).
R. H. Walker.

Matayo, Mujasi.

Latusa, Sekibobo.

Matayo, Kaima.

Yokana, Kitunzi

Santi Semindi, Kasuju.

Anderea, Kibugwe.

Sereme, Mujasi, his X mark.

Coprien Luwekula.

Nova, Jumba Gabunga.

Ferindi, Kyabalango.

Saulo, Lumana.

Yokano Bunjo, Katikiro of Namasole.

Yosefu, Katambalwa.

Zakayo, Kivate.

Hezikaya, Namutwe.

Ali, Mwenda, his X mark.

Nselwano, Muwemba.

Sernioni Sebuta, Mutengesa.

Njovu Yusufu, Kitambala, his X mark.

Kata, Nsege.

Note: The term "Uganda" is from the Swahili and means "Land of the Ganda". Originally, (and as used throughout the above agreement) this term applied only to the Buganda kingdom. As British colonial control expanded outwards from this central territory, the term was retained for the whole Protectorate. The central territory was distinguished from the wider colony by using its indiginous name of Buganda.

Question

1.                What was the social, political and economic impact of the Buganda agreement of 1900 on the history of Uganda.

2.                To what extent did the 1900 Buganda agreement constitute a revolution.

3.                Discuss the significance of the 1900 B.A in the history of Uganda.

4.                “A treaty between two equal parties”.  Is this a fair description of 1900 B.A?

5.                Was the Buganda agreement an agreement?

6.                The Buganda agreement was a basis for social, political and economic changes in the history of Uganda.  Discuss.

7.                Examine the impact of Buganda agreement on the people of Buganda.

In July 1899, after the exiling of Kabaka Mwanga to Seychelles Island where he was later on to die, Sir Harry Johnstone was appointed special commissioner of Buganda on behalf of her majesty the queen of England and he was instructed to ensure that the whole of Uganda was under the British protectorate, prevent Buganda from declaring her own independence and to also see how Uganda could develop as a financially self sustaining country.

It was on this basis that the 1900 Buganda agreement was concluded between Sir Harry Johnstone on behalf of the British government and the three regents in the personalities of Sir Apollo Kaggwa, Stanislus Mugwanya and Zacharia Kisingiri in what came to be known as the famous Buganda agreement that the trio signed on behalf of the infant Kabaka Daudi Chwa.

According to the Buganda agreement, the personal authority of the Kabaka was henceforth drastically reduced for the Kabaka from then was meant to be assisted by the chiefs and the Lukiiko-Buganda “parliament” and he could only remain in office as long as the colonial central government was convinced that the Kabaka could be loyal and CO-operative to the British government.

It strengthened the special position of Buganda in Uganda as a reward for the loyalty of the Ganda Christian chiefs to the British colonial government in otherwords, the Buganda kingdom after the agreement was to be treated not as a subject state but as a colonial partner.

The counties which Buganda had captured from Bunyoro notably the lost counties of Buyaga and Bugangaizi were confirmed as Buganda’s real counties and this explains the sour relations between Bunyoro and Buganda todate as Mahmud Mamdani rightly puts it

“the incorporation of the lost counties into Buganda were to become one of the most explosive political issues in independent Uganda”.

Buganda from then was to be given a parliament - lukiiko whose members were the three regents for the young Kabaka Daudi Chwa, twenty senior county chiefs and sixteen notables nominated by the Kabaka.  In as much as this institution was to assist the Kabaka and indeed resembled the Kabaka’s court, it was as some scholars have observed “An essentially British created institution” whose functions included controlling tax collection, allow the forwarding of proposals for approval by the Kabaka although the British commissioner had the right to veto any of these proposals.

Economically, no new direct taxation in addition to the already existing hut and gun taxes were to be imposed on the people without the consent of the central colonial government, the Kabaka and the lukiiko.  In other words, a hut tax of three rupees and a similar gun tax was paid as one way of raising money by the central colonial government to finance the administration of Uganda and in any case all taxes collected were to be merged with the income of the entire Uganda protectorate.

All occupied land was to be granted to the occupiers free hold in other words land by the agreement no longer belonged to the Kabaka under the care of the traditional Bataka but new land ownership was introduced in Buganda whereby half of the land became crown land or government land and the remaining about 8,000sq miles was divided among the Kabaka, royal family, ministers, county chiefs which came to be referred to as mailo land.  The introduction of a private system of land ownership is believed to have led to economic prosperity in Buganda as compared to the rest of Uganda.

A critical analysis of the Buganda agreement does justify the description that the Buganda agreement constituted a revolution in the history of Buganda and Uganda as a whole.

In the first instance, the agreement finally ended the independent position of Buganda because the British over lordship had been confirmed and in addition it became a province of the protectorate Uganda in other words she lost the sovereignty she held during the pre-colonial era.

The agreement eroded the career of the hitherto undisputed position of the Kabaka whose word was originally law.  In this case therefore the agreement had made the Kabaka become a political stooge of the colonial administration for he could only remain in power as long as the colonial government wished it so.

Closely related, the means with which the Kabaka could impose his authority to win loyalty from his subjects were hence forth curtailed for originally the Kabaka’s word was final and law but after the agreement her majesty’s government could make laws instituted by the chiefs.

The Kabaka’s position was further eroded by the loss of his authority towards land for accordingly land was both a political and economic asset from where the king obtained income for the kingdom and at the same time win the loyalty of his chiefs and subjects.

The land act created a class that had never existed in the history of Buganda in what scholars refer to as the “landed gentry” free-land owners who were later to amount to what came to be known as the Baganda aristocracy.

Despite the unfairness of this agreement, Buganda was placed in special position of status quo as compared with other provinces of Uganda, this however shouldn’t overshadow the argument for it was inevitable for Buganda to be used as a stepping stone for the British tentacles to the rest of Uganda.

Similarly, the Kabaka of Buganda was given a high sounding title “His highness” which equally shouldn’t cover the reality of the matter that the Kabaka had lost his political position and had only remained a political figure in his kingdom.  Therefore the title was only offered to appease the Baganda.

It is from the background therefore that many scholars have come to doubt the extent to which the Buganda agreement was an agreement.

By definition an agreement is a binding or covenant between equal parties with equal bargaining power and equal agreeable benefits in otherwords agreement binds both or all parties signatory to it but the Buganda agreement tended to demand Buganda to abide by the agreement while it allowed the British to abrogate or invalidate the terms.

Harry Johnstone who signed on behalf of the British was a super experienced man who must have inevitably manipulated the signatories to the agreement on behalf of the infant king.

It’s also believed that the quasi legal terminologies employed in agreement couldn’t have been understood by the likes of Apollo Kaggwa, Zekaria Kisingili and Stanislus Muwanga.

Closely related, the missionaries who were inevitably British sympathisers played a very important role in the interpretation and misinterpretation of this agreement as Johnstone the architect of this agreement is quoted to have rightly put it

“I Johnstone shall be bound to acknowledge the assistance of the Christian missionaries without whose assistance, I don’t think the Baganda chiefs would have signed a treaty which practically placed themselves and their country under the British”.

Similarly, it’s argued that the agreement though made in two languages, only the English version was binding but it’s vital to note that the legal phraseology that was used in this agreement was not easily understood by the signatories.

The climax of which annuls the description of an agreement is to be evident in the terms that witnessed the kingdom of Buganda being made subordinate to the British government where the Kabaka could only remain in office as long as he was loyal and cooperative to the British, his raise to power although he was to come from the descendants he had to be approved by the lukiiko and validated by the queens representatives which is a clear manifestation that the Kabaka had lost his pre-colonial powers at the expense of the British over-lordship that equally annuls the Buganda agreement as an agreement.

However given that this agreement was a negotiation between two parties, and which some scholars believe satisfied ground for negotiation tended to have some elements of an agreement and the fact that Buganda had something to benefit like her position, title of the king tends to justify the description nevertheless this shouldn’t blind fold the fact that the Buganda agreement was not an agreement as Grace Ibingira rightly concludes

“The Buganda agreement was a proper colonial document that was imposed on the Baganda without will for by this time Buganda was already a British subject state”.

The toro agreement – June 1900: According to that Agreement: A hut and gun tax were introduced to the peasants. All uncultivated land was to become crown land. Toro’s independence from Bunyoro was confirmed. Kasagama was re-instated as legitimate ruler of Toro.

The Ankole agreement –August 1901: Ankole was expanded to include Buhweju, Igara, Bunyaruguru and Kajara.  According to that Agreement the protestant leadership was established.

Bunyoro: Bunyoro did not sign an Agreement. However, Buhanga was restored to the throne.  Buganda administrators were sent to Bunyoro.  These were greatly hated, and there was an uprising against them.  They were eventually withdrawn from Bunyoro.

Extension of British rule to eastern and northern Uganda:

In Eastern Uganda, Semei Kakungulu acted on behalf of the British and conquered Teso, Bugisu, Kumam, Bukedi and Busoga for the British.

He was a Muganda chief, who was rivalling with Sir Apollo Kaggwa the Katikiro of Buganda.  He began his career in 1890 when he was placed in charge of the Northern part of Buganda’s conquests from Bunyoro. He proved himself a competent soldier.  He could not co-exist in Buganda with Sir Apollo Kaggwa, so he started looking for green pastures elsewhere.

In 1899, he was given the opportunity by the British Commission to round up rebels and mutineers and to carve out a wholly new dominion for himself upon the far side of Lake Kyoga. He established his authority among the people and conquered the Teso to the East with the help of Baganda soldiers, who hoped to obtain cattle and land.

In 1900, he had extended his operation south westwards to Budaka.  In 1900, he was awarded “Kabaka of Bukedi” by Johnston.  He introduced the Kiganda system of administration.  He divided the conquests into five administrative counties and appointed chiefs to rule them.  These chiefs governed the local people and helped them to build a network of roads and walled forts.

In 1901, the British took over his headquarters in Budaka.  Kakungulu then withdrew Northwards to Mbale and subjugated the Bugisu.  The British again took from him, for he was made Saza Chief of Mbale.

In 1911, Kakungulu was appointed President of Busoga Lukiiko, and introduced the Kiganda system of administration.

However, he later withdrew to Bukedi where he spent most of his days.  He became a fanatic follower of the religion of the “Bamalaki” until his death.

As far as Northern Uganda is concerned, colonial administration took long to be effected:

There was no direct means of communication.

The area was characterised by inter-tribal wars.

It was not as fertile as the southern region.

The British just built a few administrative posts since administrative costs were too high.

However, in 1909, Administrative stations were built in 1909 at Kamu and Palongo among the Lango.  In 1910, administrative posts were built at Gulu.  In 1912, at Kitgum among the Acholi.  In 1914, at Arua among the Alur, Madi, Lugbara and Kakwa.  In 1919, on the Moroto river.

By 1920, only Karamoja was outside colonial rule.

The Protectorate government faced many problems in the North.

Ivory hunters almost destroyed the elephant herds.

Raiding activities including those of gunmen increased especially by the Turkana who had become very powerful.  It was not easy to convince them to give up.

Lack of recognised leaders among them, they had to find and train local leaders so that the people could rule themselves within the colonial structure.

It was not easy to persuade semi-nomadic people, to draw boundaries among their land.

It was not easy to disarm the people, include them in the new system of Government, but not make them hostile.

However, in Acholiland and Langoland, central native councils were established in 1914 and 1919, respectively.

Karamoja was controlled effectively by the British until 1926.