Public Trust Doctrine; Key Cases & Environmental Law Aspects
Public Trust Doctrine in Uganda. The government by virtue of article 237 and objective 8 of the National Objective and National Policy is responsible for mineral ownership . The state is mandated to protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda since they are for the benefit of all people. NB: the term "public trust doctrine" in the constitution is not expressly mentioned however it is inferred from practice and supportive literature. it is made operational under sec. 5 of the National Environmental Act which operationalizes article 237(2)(b) of the 1995 constitution. The concept has been recognized in Uganda and has been tested in several cases under public interest litigation. The first time the doctrine was tested before the courts of law was in 2004 in Advocates Coalition for Development and Environment V Attorney General (Misc. cause no 0100 of 2004 . In t...