06/01/2026
CAN PEOPLE WHO DO NOT KNOW ENGLISH SIGN CONTRACTS?
Patu has been contacted by a rich investor to buy the land that her father left her. This land is next to the road, so the investor is willing to give her a lot of money. Upon receiving the agreement to sell the land, it was written in English. Patu was scared to tell them that she did not fully understand what the contract was saying, so she just signed. Before she signed, the investor told her they would explain everything to her in Luganda after she had signed. Till now, they have not explained anything, and they have not even paid her. What can she do to challenge the legality of this contract?
WHAT DOES THE LAW SAY?
The Illiterates Protection Act, Chapter 78, governs how documents must be handled when one party is illiterate (i.e. cannot read or understand the language or script the document is written in).
This Act protects the rights of those who cannot read or write by putting checks to ensure the process of their signing documents is fair and inclusive.
The law provides that where a document is written in a language the person cannot understand, they may sign it by;
• First, appending his or her mark to the document (this could be a thumbprint or some other mark).
• Only after the mark is made may someone else write the name of the illiterate by way of signature.
• The person who writes the name (as a signature) must also write his or her own true and full name and address on the document, as a witness.
• That witness’s inscription implies that:
a) the writer of the name was instructed by the illiterate;
b) the document was read over and explained to the illiterate before the mark was appended;
c) The illiterate appended the mark after understanding what was explained.
Failure to do the above attracts a penalty of imprisonment up to 3 months or a fine of three hundred shillings.
However, in instances where it can be proved that the person intentionally did not translate the document or read the document to the illiterate person with the intention to defraud them, then this is a crime punishable with imprisonment of up to 15 years in prison, depending on the type of fraud.
Moreso, in cases where a document is written in a non-official language (not English), then the document will have to be accompanied with a certificate of translation if that document is to be relied on in any institution or court.
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