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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 - making extra-marital affairs legal. 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 with a man, married or unmarried. 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.
But it allowed a married man to have an affair with an unmarried woman. 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.
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 Kampala.
Extra-marital affairs are now legal.
Principle
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.
Dora Byamukama of the Law and Advocacy Group for Women in Uganda told the BBC that at present women who commit adultery can be fined or receive a prison sentence of up to 12 years. This is a big success for us Dora Byamukama
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.
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."
But journalist Paul Herera said he opposed any changes to the law saying it could mean cheating men receiving harsher punishments. Property
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.
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.
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 Focus on Africa.
Name
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 Focus on Africa. Name