The administrative division of Mwengi shall be bound as follows:-

Transcription

1 THE TORO AGREEMENT, 1900 Between Sir Henry Hamilton Johnson, K.C. B., Her Majesty s Special Commissioner and Commander in Chief for the Uganda Protectorate and the adjoining territories representing the Government of Her Britannic Majesty the Queen of Great Britain and Ireland and Empress of India on the one part, and the Kabaka and Chiefs of the District of Toro on the other part, 1. That portion of the district of Toro to which the present Agreement applies shall be divided into the following administrative divisions (a) Toro, (b) Mwengi, (c) Kitakwenda, (d) Kitakweta or West Chaka, (e) East Chaka and (f) Nakabimba. They shall be approximately bounded as follows: The administrative division of Toro shall be bounded as follows: On the north by the Semliki River on the east by line drawn from the Semliki River starting at appoint near a place called Bukala. From thence the line shall be carried past a place called Kasajia due south to the Toro escarpment the line shall be carried for a distance of ten miles eastward along the edge of the escarpment and then shall be deflected south-east for a distance of twelve miles, and from this point shall be carried east-south-east to the right bank of the River Munobo, an affluent of the river Mpanga. From this point the eastern boundary shall follow the right bank of the River Munobo, down stream to its confluence with the Mpanga, and thence shall follows the right bank of the Mpanga River down straight to its entrance into Lake Ruisamba. The southern boundary of the Toro sub-division shall be the northern coasts of Lake Ruisamba, of Lake Kafuru, and the Lake Albert Edward. The western boundary of the Toro sub-division shall be the 30th degree of east latitude. The administrative division of Mwengi shall be bound as follows:- On the north-west and north by the Semliki River and the coast of Lake Albert Nyanza; on the east and north by the left bank of the River Kuzizi or Misisi. from its entrance into Lake Albert Nyanza upstream into its confluence with the little river Kiji, about twelve miles to the west of Fort Roddy (Nakabimba). From this point the eastern boundary of the Mwengi sub-division shall follow the Kiji stream, upstream for about fourteen miles, and from this shall be carried west-south-west to the vicinity of the site of Fort Briggs. The southern boundary of the Mwengi district shall be a line drawn from the vicinity of the site of Fort Briggs in a west-north-westerly direction for about thirty six miles, and from where this measurement ends shall be carried in a south-south- westerly direction for twenty miles, and thence in a south-south-westerly direction to the vicinity of Mt. Loamaja. From the northern flanks of Mt. Loamaja the boundary shall be carried due west to the Mpanga River. The western boundary on the Mwengi sub-division shall be the River Mpanga and the eastern boundary of the Toro sub-division.

2 The Kitakwenda administrative division shall be bounded as follows:- On the north by the left bank of the Mpanga River, by the southern boundary of the Mwengi sub-division, and thence by a line drawn from the northern flank of Mt. Loamaja due east for a distance of twenty two miles or until the Isajasi or Kasinga or lsajasi rivulet as far as its confluence with the River Katonga ; on the south by the River Katonga from its confluence with the Isajasi, westward to the vicinity of Ford Grant. From this point the southern boundary shall be drawn west-south-west and then westwards to the south coast of Lake Kafuru. The administrative division of Kitakweta shall be bounded as follows: On the north and west by the eastern and southern boundaries of the Mwengi subdivision, on the south by the northern boundary of the Kitakwenda sub-division; and on the east by a line starting from the point where the northern boundary of the Kitakwenda sub-division touches the lsajasi or Kasinga rivulet northwestwards till it reaches the eastern boundary of the Mwengi district, in the vicinity of Mount Fumi. The administrative division of East Chaka shall be bounded as follows: On the west by the eastern boundaries of Kitakweta and Kitakwenda subdivisions; on the south by the Katonga River; on the east by the Nahutari River and the frontier of the Uganda Province; and on the north by the eastern boundary of the Mwengi sub-division and the boundary of the Nakabimba sub-division. The administrative division of Nakabimba shall be bounded as follows: On the north by the Kuzizi or Misisi River; on the east by the boundary of the Uganda Province, which is a lined draw from the left bank of the River Kuzizzi, near its source, and about ten miles north-westerly direction for about twenty miles. From where this measurement of twenty miles ends, along the Uganda frontier the southern boundary of the Nakabimba sub-division shall be carried in a west-north-westerly direction till it reaches the right bank of the River Kiji near the site of Fort De Winton. The western boundary shall be the course of the River Kuzizi or Musisi. 2. The above-defined administrative divisions do not include the whole area of the district of Toro, but those portions of the district which border more closely on the Congo Free State will be subject to the same regulations as those set forth in this Agreement, and will for the present be administered my the principal European official placed in civil charge of the Toro district. 3. By this Agreement the Chief Kasagama is recognised by Her Majesty s Government as the Kabaka or supreme chief over all that part of the Toro, but those portions of the district which is included within the limits all that part of tine Toro district which is included within the limits of the above-mentioned administrative

3 sub-division; Nasaniri Kagwa Pokino is recognised as chief over the Mwengi subdivision; Bulemo Katambala as chief over the Kitakwenda sub-division; Nyarna Kitunzi as chief over the Kitakweta sub-division; and Mugema Kiambaranga as chief over the Nakabimba sub-division. So long as the aforesaid Kabaka and chiefs abide by the condition of this Agreement they shall continue to be recognised by Her Majesty s government as the responsible chiefs of the Toro district. They shall be allowed to nominate their successors in the event of their demise, and the successors thus nominated shall be in like manner recognised by Her Majesty s Government the successors to the dignity of chieftainship, on the understanding that they equally abide by the terms of this Agreement. But should the Kabaka or the other chiefs herein named fail at anytime to abide by any portion of the terms of this Agreement they may be deposed by Her Majesty s principal representative in the Uganda Protectorate, and their titles and privileges will then pass to any such other chiefs as Her Majesty s principal representative may select in their place. Should the Kabaka of Toro-Kasagama or his successors be responsible for the infringement of any part of the terms of this Agreement it shall b open to Her Majesty s Government to annul the said Agreement, and to substitute for any other methods of administering the Toro district which may seem suitable. 4 All the waste and uncultivated land which is waste and uncultivated at the date of this Agreement; all forests, mines, minerals, and salt deposits in the Toro district shall be considered to be the property of Her Majesty s Government, the revenue derived therefrom being included within the general revenue of the Uganda Protectorate; but the natives of the Toro district shall have the same privileges with regard in the forests as have been laid down and formulated in the aforesaid regulations in force in the Uganda Protectorate as are applicable to the natives of each province or other administrative division of the Protectorate within such province or administrative division. Her Majesty s Government shall have the right of enforcing on the natives of the Toro district, as elsewhere in the Uganda Protectorate, and that the killing or the capture of elephants on the part of the natives of the Toro district shall be regulated by the principal European official placed in civil charge of this district. 5. There shall be imposed henceforth on the natives of the Toro district the same taxation as is in force by a proclamation in the other provinces or districts of the Uganda Protectorate, to wit, the hut as and the gun tax. All revenue derived from customs duties, hut taxes, gun taxes, salt deposits, or any other sources whatever shall be paid direct to the principal officer in civil charge of the Toro district. No Chief in the Toro district shall henceforth levy on other chiefs or on natives tribute or gifts of any kind, except such as may be directly sanctioned by Her Majesty s principal representative in the Uganda Protectorate and as are specified in the clauses of this Agreement. 6. Justice as between native and native shall be administered direct by the recognised chiefs of the six sub-divisions. In all cases where a sentence of over three months imprisonment, or a fine exceeding 5 pounds in value, or where property appeal shall lie from the divisional native courts to the Lukiko of the Kabaka of Toro. In cases where the imprisonment exceeded a term of one year, or property involved exceeds the value of 100, an appeal shall lie from the decision of the Kabaka or his Lukiko to the principal European officer in civil charge of the district of Toro. All fines, fees, or other sums

4 legitimately collected in the divisional native courts of the district of Toro shall be dealt with as follows: One third of the total annual value of these sums shall be retained by the local chief administering justice, and two thirds shall be remitted to the Kabaka of Toro. All cases between natives of the district of Toro and natives of other districts of the Uganda Protectorate, or between native and foreigners, shall be tried by the British magistrates in the district of Toro and shall be removed altogether from native jurisdiction. 7. From out of the total annual revenue received in the shape of hut taxes and gun taxes from the six administrative divisions above specified in the Toro district, 10 per centum of the total value shall be paid to the Kabaka; and of the total value of taxes remitted by the chief of each sub- division 10 per centum, shall be remitted to the recognized chief of such sub-division. Thus the Kabaka of Toro will receive firstly 10 per centum of the total value of the taxes collected in the six previously mentioned sub-divisions of the Toro district and in addition 10 per centum of the total taxes collected in his own administrative division of Toro proper. The chief of the Mwengi subdivision will receive 10 per centum of the total value of the taxes collected in the Mwengi sub- division; the chief of Kitakwenda will in like manner receive 10 per centum of the total value of the taxes collected in the Kitakwenda sub-division, and so forth. In addition to the percentage of the taxes, the Kabaka of Toro, as Kabaka, shall be granted an estate from out of the waste lands of the Toro sub-division of an areas of l6square miles, provide however such estate may not include within its limits any large areas of forest or any salt deposit. The Katikiro or principal nninister of the Kabaka of Toro shall in his official position as Katikiro enjoy the usufruct of an estate to be allotted out of the waste lands of Toro sub-division, of an area of 10 square miles, not, however, to include any large area of forest or any salt deposit within its limits. In like manner, and with the same reservations, the Namasole or the existing Queen Mother of Kasagama shall receive from out the wastelands of the Toro sub-division an estate of not more than five square miles. The recognised chiefs of the other five sub-divisions of the Toro district shall enjoy in their official capacity the usufruct of an estate of 10 square miles from out of the waste lands in their respective sub-divisions. The private estates to be guaranteed to Kasagama, the present Kabaka of Toro, shall not exceed 50 square miles in area, of which amount 25 square miles must be held in the sub-division of Toro proper. The private estates of the Katikiro shall not exceed 16 square miles, and those of each existing chief of a sub-division, as named in this Agreement, l6 square miles each. In all respects the Toro district will be subjected to the same laws and regulations as are generally in force through out the Uganda Protectorate. Signed by the within named Sir Henry Hamilton Johnston and the Kabaka and chiefs of Toro at Port Portal on the 26 th day of June, HENRY HAMILTON JOHNSTON, H.M. Special Commissioner and Commander-in-Chief for the

5 Protectorate of Uganda. DAUDI KABAKA KASAGAMA. NASANALI KAGWA POKINO. NYAMA KITUNZI, his X mark. KAGORO LWEKULA, his X mark BULEMO KATAMBALA, his X mark. MUGEMA KIAMBARANGA, his X mark Witness to the Signatures of NYAMA, KAGORO, BULEMO and MUGEMA: STEPHEN S. BAGGE Witnesses to the above signatures: STEPHEN S. BAGGE ALEXANDER JOHNSTON. NASANIRO, KATIKIRO MUJURASI, his X mark. KIBOGO MUJASI, his X mark.