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Articles

Vol. 15 No. 1 (2023)

The Criminalisation of Indigenous Social Control Systems among the Lugbara by the British Colonial Administration in Uganda

DOI:
https://doi.org/10.70060/mak-mawazo-2023-271
Submitted
March 31, 2026
Published
June 30, 2023

Abstract

Social control systems based on established customs, traditions, practices, beliefs, and values, handed down through generations by word of mouth and practice still exist in African societies. It aims at bringing social order through healing relations, reconciliation, repairing the social fabric, protecting the peace, and preventing the recurrence of conflict. Since the introduction of modern law under colonial rule, society continues to experience a rise in crime and social injustice; a paradox which this study attempts to explain. This article attributes crime in contemporary society to the historical developments during the colonial and post-colonial periods. Colonialism introduced a modern state and law with a dual legal system that invented crime and criminalised aspects of African customs and culture. It further codified African customs into the native customary law which had the effect of disrupting social order. This work calls for rethinking aspects of modern law as a means to resolve the paradox of increased crime to emancipate the Africans from the continued existence of the errors of colonialism in the post-colonial state.