The 1995 Uganda Constitution

The Map of Uganda

CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.
Arrangement of the Constitution.
Preliminary matter.
Arrangement of objectives.
Arrangement of chapters and schedules.
Arrangement of articles.
Preamble.
National objectives and directive principles of State policy.
Chapters.
Schedules.
THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.
National Objectives and Directive Principles of State Policy.
Arrangement of Objectives.
Objective
General.
I. Implementation of objectives.
Political objectives.
II. Democratic principles.
III. National unity and stability.
IV. National sovereignty, independence and territorial integrity.
Protection and promotion of fundamental and other human rights and
freedoms.
V. Fundamental and other human rights and freedoms.
VI. Gender balance and fair representation of marginalised groups.
VII. Protection of the aged.
VIII. Provision of adequate resources for organs of Government.
IX. The right to development.
X. Role of the people in development.
XI. Role of the State in development.
XII. Balanced and equitable development.
XIII. Protection of natural resources.
Social and economic objectives.
XIV. General social and economic objectives.
XV. Recognition of the role of women in society.
XVI. Recognition of the dignity of persons with disabilities.
XVII. Recreation and sports.
XVIII. Educational objectives.
XIX. Protection of the family.
XX. Medical services.
XXI. Clean and safe water.
XXII. Food security and nutrition.
XXIII. Natural disasters.
Cultural objectives.
XXIV. Cultural objectives.
XXV. Preservation of public property and heritage.
Accountability.
XXVI. Accountability.
The environment.
XXVII. The environment.
Foreign policy objectives.
XXVIII. Foreign policy objectives.
Duties of a citizen.
XXIX. Duties of a citizen.
THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.
Arrangement of Chapters and Schedules.
Chapter
1. The Constitution.
2. The Republic.
3. Citizenship.
4. Protection and promotion of fundamental and other human rights
and freedoms.
5. Representation of the people.
6. The legislature.
7. The executive.
8. The judiciary.
9. Finance.
10. The public service.
11. Local government.
12. Defence and national security.
13. Inspectorate of Government.
14. Leadership Code of Conduct.
15. Land and environment.
16. Institution of traditional or cultural leaders.
17. General and miscellaneous.
18. Amendment of the Constitution.
19. Transitional provisions.
Schedules
First Schedule Districts of Uganda.
Second Schedule The boundary of Uganda.
Third Schedule Uganda’s indigenous communities as at
1st February, 1926.
Fourth Schedule Oaths.
Fifth Schedule Areas of cooperation among districts.
Sixth Schedule Functions and services for which
Government is responsible.
Seventh Schedule Unconditional grant to local governments.
CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.
Arrangement of Articles.
Article
CHAPTER ONE—THE CONSTITUTION.
1. Sovereignty of the people.
2. Supremacy of the Constitution.
3. Defence of the Constitution.
4. Promotion of public awareness of the Constitution.
CHAPTER TWO—THE REPUBLIC.
5. The Republic of Uganda.
6. Official language.
7. Nonadoption of State religion.
8. National symbols and seals.
CHAPTER THREE—CITIZENSHIP.
9. Citizens of Uganda.
10. Citizenship by birth.
11. Foundlings and adopted children.
12. Citizenship by registration.
13. Citizenship by naturalisation.
14. Loss of citizenship by registration.
15. Prohibition of dual citizenship.
16. National Citizenship and Immigration Board.
17. Duties of a citizen.
18. Registration of births, marriages and deaths .
19. Citizenship of a parent dying before the birth of a person.
CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND
OTHER HUMAN RIGHTS AND FREEDOMS.
General.
20. Fundamental and other human rights and freedoms.
21. Equality and freedom from discrimination.
22. Protection of right to life.
23. Protection of personal liberty.
24. Respect for human dignity and protection from inhuman
treatment.
25. Protection from slavery, servitude and forced labour.
26. Protection from deprivation of property.
27. Right to privacy of person, home and other property.
28. Right to a fair hearing.
29. Protection of freedom of conscience, expression, movement,
religion, assembly and association.
30. Right to education.
31. Rights of the family.
32. Affirmative action in favour of marginalised groups.
33. Rights of women.
34. Rights of children.
35. Rights of persons with disabilities.
36. Protection of rights of minorities.
37. Right to culture and similar rights.
38. Civic rights and activities.
39. Right to a clean and healthy environment.
40. Economic rights.
41. Right of access to information.
42. Right to just and fair treatment in administrative decisions.
43. General limitation on fundamental and other human rights and
freedoms.
44. Prohibition of derogation from particular human rights and
freedoms.
45. Human rights and freedoms additional to other rights.
Human rights and freedoms during a state of emergency.
46. Effect of laws enacted for a state of emergency.
47. Detention under emergency laws.
48. Review by the Uganda Human Rights Commission.
49. Report to Parliament.
Enforcement of rights and freedoms by courts.
50. Enforcement of rights and freedoms by courts.
Uganda Human Rights Commission.
51. Uganda Human Rights Commission.
52. Functions of the Human Rights Commission.
53. Powers of the commission.
54. Independence of the commission.
55. Expenses of the commission.
56. Removal of the commissioners.
57. Staff of the commission.
58. Parliament to make laws regarding functions of the commission.
CHAPTER FIVE—REPRESENTATION OF THE PEOPLE.
Right to vote.
59. Right to vote.
Electoral Commission.
60. Electoral Commission.
61. Functions of the Electoral Commission.
62. Independence of the commission.
63. Constituencies.
64. Appeals from decisions of the commission.
65. Staff of the commission.
66. Expenses of the commission.
67. Organisation of elections.
68. Voting at elections and referenda.
Political systems.
69. Political systems.
70. Movement political system.
71. Multiparty political system.
72. Right to form political organisations.
73. Regulations of political organisations.
74. Change of political systems by referenda or elections.
75. Prohibition of one-party State.
General.
76. Parliament to enact laws on elections.
CHAPTER SIX—THE LEGISLATURE.
Establishment, composition and functions of Parliament.
77. Parliament of Uganda.
78. Composition of Parliament.
79. Functions of Parliament.
80. Qualifications and disqualifications of members of Parliament.
81. Election of members of Parliament.
82. Speaker and Deputy Speaker of Parliament.
83. Tenure of office of members of Parliament.
84. Right of recall.
85. Emoluments of members of Parliament.
86. Determination of questions of membership.
87. Clerk to Parliament and other staff.
Procedure of Parliament.
88. Quorum of Parliament.
89. Voting in Parliament.
90. Committees of Parliament.
91. Exercise of legislative powers.
92. Restriction on retrospective legislation.
93. Restriction on financial matters.
94. Rules of procedure in Parliament.
95. Sessions of Parliament.
96. Dissolution of Parliament.
General.
97. Parliamentary immunities and privileges.
CHAPTER SEVEN—THE EXECUTIVE.
The President.
98. President of Uganda.
99. Executive authority of Uganda.
100. Notification of the absence of the President from Uganda.
101. Presidential addresses.
102. Qualifications of the President.
103. Election of the President.
104. Challenging a presidential election.
105. Tenure of office of the President.
106. Terms and conditions of service of the President.
107. Removal of the President.
108. Vice President.
109. Absence of the President.
110. State of emergency.
The Cabinet.
111. The Cabinet.
112. Meetings of the Cabinet.
113. Cabinet Ministers.
114. Other Ministers.
115. Oath of Minister.
116. Vacation of office of Minister.
117. Responsibility of Ministers.
118. Vote of censure.
119. Attorney General.
Director of Public Prosecutions.
120. Director of Public Prosecutions.
Prerogative of mercy.
121. Prerogative of mercy.
International relations.
122. Diplomatic representation.
123. Execution of treaties, conventions and agreements.
Declaration of a state of war.
124. Declaration of a state of war.
National Planning Authority.
125. National Planning Authority.
CHAPTER EIGHT—THE JUDICIARY.
Administration of justice.
126. Exercise of judicial power.
127. Participation of the people in the administration of justice.
128. Independence of the judiciary.
The courts of judicature.
129. The courts of judicature.
The Supreme Court of Uganda.
130. Supreme Court of Uganda.
131. Composition of the Supreme Court.
132. Jurisdiction of the Supreme Court.
133. Administrative functions of the Chief Justice.
The Court of Appeal of Uganda.
134. Court of Appeal of Uganda.
135. Composition of the Court of Appeal.
136. Administrative functions of the Deputy Chief Justice.
The constitutional court.
137. Questions as to the interpretation of the Constitution.
The High Court of Uganda.
138. High Court of Uganda.
139. Jurisdiction of the High Court.
140. Hearing of election cases.
141. Administrative functions of the Principal Judge.
Appointments, qualifications and tenure of office of judicial officers.
142. Appointment of judicial officers.
143. Qualifications for appointment of judicial officers.
144. Tenure of office of judicial officers.
145. Registrars.
Judicial Service Commission.
146. Judicial Service Commission.
147. Functions of the Judicial Service Commission.
148. Appointment of other judicial officers.
149. Judicial oath.
150. Power to make laws relating to the judiciary.
151. Interpretation.
CHAPTER NINE—FINANCE.
General.
152. Taxation.
153. Consolidated Fund.
154. Withdrawals from the Consolidated Fund.
155. Financial year estimates.
156. Appropriation Bill.
157. Contingencies Fund.
158. Offices the remuneration of which is charged on the Consolidated
Fund.
159. Power of Government to borrow or lend.
160. Public debt.
Central Bank of Uganda.
161. The Central Bank.
162. Functions of the bank.
Auditor General.
163. Auditor General.
164. Accountability.
CHAPTER TEN—THE PUBLIC SERVICE.
Public Service Commission.
165. Public Service Commission.
166. Functions of the Public Service Commission.
Education Service Commission.
167. Education Service Commission.
168. Functions of the Education Service Commission.
Health Service Commission.
169. Health Service Commission.
170. Functions of the Health Service Commission.
General.
171. Establishment of offices.
172. Appointment of public officers.
173. Protection of public officers.
174. Permanent secretaries.
175. Interpretation.
CHAPTER ELEVEN—LOCAL GOVERNMENT.
Principles and structures of local government.
176. Local government system.
177. Districts of Uganda.
178. Cooperation among districts.
179. Boundaries of local government units.
180. Local government councils.
181. Elections of local government councils.
182. Revocation of mandate.
183. District chairperson.
184. Speaker of a district council.
185. Removal of a district chairperson and speaker.
186. District executive committee.
187. Vacation of office of member of district executive committee.
188. Chief administrative officer.
189. Functions of the Government and district councils.
Finances of local governments.
190. Planning.
191. Power to levy and appropriate taxes.
192. Collection of taxes by local governments.
193. Grants to local governments.
194. Local Government Finance Commission.
195. Loans and grants.
196. Accountability.
197. Financial autonomy of urban authorities.
District service commissions.
198. District service commissions.
199. Secondment of staff.
200. Functions of district service commissions.
General.
201. Exercise of administrative functions.
202. Takeover of district administration by the president.
203. Resident district commissioner.
204. Terms and conditions of service.
205. Prohibition of holding political offices concurrently.
206. Parliament to make laws regarding local Government.
207. Interpretation.
CHAPTER TWELVE—DEFENCE AND NATIONAL SECURITY.
Uganda Peoples’ Defence Forces.
208. Uganda Peoples’ Defence Forces.
209. Functions of the defence forces.
210. Parliament to regulate the Uganda Peoples’ Defence Forces.
Uganda Police Force.
211. Uganda Police Force.
212. Functions of the Uganda Police Force.
213. Command of the Uganda Police Force.
214. Parliament to regulate the Uganda Police Force.
Uganda Prisons Service.
215. Uganda Prisons Service.
216. Commissioner and Deputy Commissioner of Prisons.
217. Parliament to regulate the Uganda Prisons Service.
Intelligence services.
218. Intelligence services.
National Security Council.
219. National Security Council.
220. Functions of the National Security Council.
General.
221. Security organisations to observe human rights.
222. Parliament to regulate possession and use of firearms and
ammunition.
CHAPTER THIRTEEN—INSPECTORATE OF GOVERNMENT.
223. Inspectorate of Government.
224. Removal of Inspector General and Deputy Inspector General.
225. Functions of inspectorate.
226. Jurisdiction of inspectorate.
227. Independence of inspectorate.
228. Branches of inspectorate.
229. Resources of inspectorate.
230. Special powers of inspectorate.
231. Reports of inspectorate.
232. Powers of Parliament regarding inspectorate.
CHAPTER FOURTEEN—LEADERSHIP CODE OF CONDUCT.
233. Leadership Code of Conduct.
234. Enforcement of the code.
235. Disqualification for breach of the code.
236. Interpretation.
CHAPTER FIFTEEN—LAND AND ENVIRONMENT.
Land.
237. Land ownership.
Uganda Land Commission.
238. Uganda Land Commission.
239. Functions of the Uganda Land Commission.
District land boards.
240. District land boards.
241. Functions of district land boards.
General.
242. Land use.
243. Land tribunals.
244. Minerals.
Environment.
245. Protection and preservation of the environment.
CHAPTER SIXTEEN—INSTITUTION OF TRADITIONAL OR CULTURAL
LEADERS.
246. Institution of traditional or cultural leaders.
CHAPTER SEVENTEEN—GENERAL AND MISCELLANEOUS.
247. Administration of estates.
248. Law Reform Commission.
249. Disaster Preparedness and Management Commission.
250. Legal proceedings by or against the Government.
251. Performance of functions of commissions and authorities.
252. Resignations.
253. Reappointments and concurrent appointments.
254. Pension.
255. Right of citizens to demand referenda.
256. Manner of administering oaths.
257. Interpretation.
258. Ratification of certain Acts relating to the procedure of
Parliament.
CHAPTER EIGHTEEN—AMENDMENT OF THE CONSTITUTION.
259. Amendment of the Constitution.
260. Amendments requiring a referendum.
261. Amendments requiring approval by district councils.
262. Amendments by Parliament.
263. Certificate of compliance.
CHAPTER NINETEEN—TRANSITIONAL PROVISIONS.
264. Transitional Government.
265. Particular functions of transitional Government.
266. Existing courts of judicature.
267. Existing offices of judges.
268. Interim membership of Court of Appeal.
269. Existing offices.
270. Regulation of political organisations.
271. Existing political parties or organisations.
272. First elections.
273. Appointment to certain offices.
274. Existing law.
275. Modification of existing law by first President.
276. Enactments not yet in force.
277. Provisions regarding urban authorities.
278. Existing commissions and committees of inquiry.
279. Oaths deemed to have been taken.
280. Pending matters.
281. Proceedings pending before courts.
282. Prerogative of mercy re cases before Constitution.
283. Devolution of rights and liabilities.
284. Succession to property.
285. Succession to contracts.
286. Revocation of statutory leases to urban authorities.
287. International agreements, treaties and conventions.
288. Repeal of 1967 Constitution and Legal Notice No. 1 of 1986.
Schedules
First Schedule Districts of Uganda.
Second Schedule The boundary of Uganda.
Third Schedule Uganda’s indigenous communities as at
1st February, 1926.
Fourth Schedule Oaths.
Fifth Schedule Areas of cooperation among districts.
Sixth Schedule Functions and services for which
Government is responsible.
Seventh Schedule Unconditional grant to local
governments.
CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.
Commencement: 8 October, 1995.
The Preamble.
WE THE PEOPLE OF UGANDA:
RECALLING our history which has been characterised by political and
constitutional instability;
RECOGNISING our struggles against the forces of tyranny, oppression and
exploitation;
COMMITTED to building a better future by establishing a socio-economic and
political order through a popular and durable national Constitution based on
the principles of unity, peace, equality, democracy, freedom, social justice
and progress;
EXERCISING our sovereign and inalienable right to determine the form of
governance for our country, and having fully participated in the
Constitution-making process;
NOTING that a Constituent Assembly was established to represent us and to
debate the Draft Constitution prepared by the Uganda Constitutional
Commission and to adopt and enact a Constitution for Uganda:
DO HEREBY, in and through this Constituent Assembly solemnly
adopt, enact and give to ourselves and our posterity, this
Constitution of the Republic of Uganda, this 22nd day of
September, in the year 1995.
FOR GOD AND MY COUNTRY.
National Objectives and Directive Principles of State Policy.
General.
I. Implementation of objectives.
(i) The following objectives and principles shall guide all organs
and agencies of the State, all citizens, organisations and other bodies and
persons in applying or interpreting the Constitution or any other law and in
taking and implementing any policy decisions for the establishment and
promotion of a just, free and democratic society.
(ii) The President shall report to Parliament and the nation at least
once a year, all steps taken to ensure the realisation of these policy objectives
and principles.
Political objectives.
II. Democratic principles.
(i) The State shall be based on democratic principles which
empower and encourage the active participation of all citizens at all levels in
their own governance.
(ii) All the people of Uganda shall have access to leadership
positions at all levels, subject to the Constitution.
(iii) The State shall be guided by the principle of decentralisation and
devolution of governmental functions and powers to the people at appropriate
levels where they can best manage and direct their own affairs.
(iv) The composition of Government shall be broadly representative
of the national character and social diversity of the country.
(v) All political and civic associations aspiring to manage and direct
public affairs shall conform to democratic principles in their internal
organisations and practice.
(vi) Civic organisations shall retain their autonomy in pursuit of their
declared objectives.
III. National unity and stability.
(i) All organs of State and people of Uganda shall work towards the
promotion of national unity, peace and stability.
(ii) Every effort shall be made to integrate all the peoples of Uganda
while at the same time recognising the existence of their ethnic, religious,
ideological, political and cultural diversity.
(iii) Everything shall be done to promote a culture of cooperation,
understanding, appreciation, tolerance and respect for each other's customs,
traditions and beliefs.
(iv) There shall be established and nurtured institutions and
procedures for the resolution of conflicts fairly and peacefully.
(v) The State shall provide a peaceful, secure and stable political
environment which is necessary for economic development.
IV. National sovereignty, independence and territorial integrity.
(i) The State and citizens of Uganda shall at all times defend the
independence, sovereignty and territorial integrity of Uganda.
(ii) The State and citizens of Uganda shall endeavour to build
national strength in political, economic and social spheres to avoid undue
dependence on other countries and institutions.
(iii) The State shall endeavour to mobilise, organise and empower
the Ugandan people to build independent and sustainable foundations for the
development of Uganda.
Protection and promotion of fundamental and other human rights and
freedoms.
V. Fundamental and other human rights and freedoms.
(i) The State shall guarantee and respect institutions which are
charged by the State with responsibility for protecting and promoting human
rights by providing them with adequate resources to function effectively.
(ii) The State shall guarantee and respect the independence of
nongovernmental organisations which protect and promote human rights.
VI. Gender balance and fair representation of marginalised groups.
The State shall ensure gender balance and fair representation of marginalised
groups on all constitutional and other bodies.
VII. Protection of the aged.
The State shall make reasonable provision for the welfare and maintenance
of the aged.
VIII. Provision of adequate resources for organs of government.
The distribution of powers and functions as well as checks and balances
provided for in the Constitution among various organs and institutions of
government shall be supported through the provision of adequate resources
for their effective functioning at all levels.
IX. The right to development.
In order to facilitate rapid and equitable development, the State shall
encourage private initiative and self-reliance.
X. Role of the people in development.
The State shall take all necessary steps to involve the people in the
formulation and implementation of development plans and programmes
which affect them.
XI. Role of the State in development.
(i) The State shall give the highest priority to the enactment of
legislation establishing measures that protect and enhance the right of the
people to equal opportunities in development.
(ii) The State shall stimulate agricultural, industrial, technological
and scientific development by adopting appropriate policies and the
enactment of enabling legislation.
(iii) In furtherance of social justice, the State may regulate the
acquisition, ownership, use and disposition of land and other property, in
accordance with the Constitution.
XII. Balanced and equitable development.
(i) The State shall adopt an integrated and coordinated planning
approach.
(ii) The State shall take necessary measures to bring about balanced
development of the different areas of Uganda and between the rural and urban
areas.
(iii) The State shall take special measures in favour of the
development of the least developed areas.
XIII. Protection of natural resources.
The State shall protect important natural resources, including land, water,
wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.
Social and economic objectives.
XIV. General social and economic objectives.
The State shall endeavour to fulfill the fundamental rights of all Ugandans to
social justice and economic development and shall, in particular, ensure
that—
(a) all developmental efforts are directed at ensuring the maximum
social and cultural well-being of the people; and
(b) all Ugandans enjoy rights and opportunities and access to
education, health services, clean and safe water, work, decent
shelter, adequate clothing, food security and pension and
retirement benefits.
XV. Recognition of the role of women in society.
The State shall recognise the significant role that women play in society.
XVI. Recognition of the dignity of persons with disabilities.
Society and the State shall recognise the right of persons with disabilities to
respect and human dignity.
XVII. Recreation and sports.
The State shall promote recreation and sports for the citizens of Uganda.
XVIII. Educational objectives.
(i) The State shall promote free and compulsory basic education.
(ii) The State shall take appropriate measures to afford every citizen
equal opportunity to attain the highest educational standard possible.
(iii) Individuals, religious bodies and other nongovernmental
organisations shall be free to found and operate educational institutions if
they comply with the general educational policy of the country and maintain
national standards.
XIX. Protection of the family.
The family is the natural and basic unit of society and is entitled to protection
by society and the State.
XX. Medical services.
The State shall take all practical measures to ensure the provision of basic
medical services to the population.
XXI. Clean and safe water.
The State shall take all practical measures to promote a good water
management system at all levels.
XXII. Food security and nutrition.
The State shall—
(a) take appropriate steps to encourage people to grow and store
adequate food;
(b) establish national food reserves; and
(c) encourage and promote proper nutrition through mass education
and other appropriate means in order to build a healthy State.
XXIII. Natural disasters.
The State shall institute an effective machinery for dealing with any hazard
or disaster arising out of natural calamities or any situation resulting in
general displacement of people or serious disruption of their normal life.
Cultural objectives.
XXIV. Cultural objectives.
Cultural and customary values which are consistent with fundamental rights
and freedoms, human dignity, democracy and with the Constitution may be
developed and incorporated in aspects of Ugandan life.
The State shall—
(a) promote and preserve those cultural values and practices which
enhance the dignity and well-being of Ugandans;
(b) encourage the development, preservation and enrichment of all
Ugandan languages;
(c) promote the development of a sign language for the deaf; and
(d) encourage the development of a national language or languages.
XXV. Preservation of public property and heritage.
The State and citizens shall endeavour to preserve and protect and generally
promote the culture of preservation of public property and Uganda’s heritage.
Accountability.
XXVI. Accountability.
(i) All public offices shall be held in trust for the people.
(ii) All persons placed in positions of leadership and responsibility
shall, in their work, be answerable to the people.
(iii) All lawful measures shall be taken to expose, combat and
eradicate corruption and abuse or misuse of power by those holding political
and other public offices.
The environment.
XXVII. The environment.
(i) The State shall promote sustainable development and public
awareness of the need to manage land, air and water resources in a balanced
and sustainable manner for the present and future generations.
(ii) The utilisation of the natural resources of Uganda shall be
managed in such a way as to meet the development and environmental needs
of present and future generations of Ugandans; and, in particular, the State
shall take all possible measures to prevent or minimise damage and
destruction to land, air and water resources resulting from pollution or other
causes.
(iii) The State shall promote and implement energy policies that will
ensure that people’s basic needs and those of environmental preservation are
met.
(iv) The State, including local governments, shall—
(a) create and develop parks, reserves and recreation areas and
ensure the conservation of natural resources;
(b) promote the rational use of natural resources so as to safeguard
and protect the biodiversity of Uganda.
Foreign policy objectives.
XXVIII . Foreign policy objectives.
(i) The foreign policy of Uganda shall be based on the principles
of—
(a) promotion of the national interest of Uganda;
(b) respect for international law and treaty obligations;
(c) peaceful coexistence and nonalignment;
(d) settlement of international disputes by peaceful means;
(e) opposition to all forms of domination, racism and other forms
of oppression and exploitation.
(ii) Uganda shall actively participate in international and regional
organisations that stand for peace and for the well-being and progress of
humanity.
(iii) The State shall promote regional and pan-African cultural,
economic and political cooperation and integration.
Duties of a citizen.
XXIX. Duties of a citizen.
The exercise and enjoyment of rights and freedoms is inseparable from the
performance of duties and obligations; and, accordingly, it shall be the duty
of every citizen—
(a) to be patriotic and loyal to Uganda and to promote its
well-being;
(b) to engage in gainful work for the good of that citizen, the family
and the common good and to contribute to national
development;
(c) to contribute to the well-being of the community where that
citizen lives;
(d) to promote responsible parenthood;
(e) to foster national unity and live in harmony with others;
(f) to promote democracy and the rule of law; and
(g) to acquaint himself or herself with the provisions of the
Constitution and to uphold and defend the Constitution and the
law.
Chapter One
The Constitution.
1. Sovereignty of the people.
(1) All power belongs to the people who shall exercise their
sovereignty in accordance with this Constitution.
(2) Without limiting the effect of clause (1) of this article, all
authority in the State emanates from the people of Uganda; and the people
shall be governed through their will and consent.
(3) All power and authority of Government and its organs derive from
this Constitution, which in turn derives its authority from the people who
consent to be governed in accordance with this Constitution.
(4) The people shall express their will and consent on who shall
govern them and how they should be governed, through regular, free and fair
elections of their representatives or through referenda.
2. Supremacy of the Constitution.
(1) This Constitution is the supreme law of Uganda and shall have
binding force on all authorities and persons throughout Uganda.
(2) If any other law or any custom is inconsistent with any of the
provisions of this Constitution, the Constitution shall prevail, and that other
law or custom shall, to the extent of the inconsistency, be void.
3. Defence of the Constitution.
(1) It is prohibited for any person or group of persons to take or retain
control of the Government of Uganda, except in accordance with the
provisions of this Constitution.
(2) Any person who, singly or in concert with others, by any violent
or other unlawful means, suspends, overthrows, abrogates or amends this
Constitution or any part of it or attempts to do any such act, commits the
offence of treason and shall be punished according to law.
(3) This Constitution shall not lose its force and effect even where its
observance is interrupted by a government established by the force of arms;
and in any case, as soon as the people recover their liberty, its observance
shall be reestablished and all persons who have taken part in any rebellion or
other activity which resulted in the interruption of the observance shall be
tried in accordance with this Constitution and other laws consistent with it.
(4) All citizens of Uganda shall have the right and duty at all times—
(a) to defend this Constitution and, in particular, to resist any person
or group of persons seeking to overthrow the established
constitutional order; and
(b) to do all in their power to restore this Constitution after it has
been suspended, overthrown, abrogated or amended contrary to
its provisions.
(5) Any person or group of persons who, as required by clause (4) of
this article, resists the suspension, overthrow, abrogation or amendment of
this Constitution commits no offence.
(6) Where a person referred to in clause (5) of this article is punished
for any act done under that clause, the punishment shall, on the restoration of
this Constitution, be considered void from the time it was imposed, and that
person shall be taken to be absolved from all liabilities arising out of the
punishment.
4. Promotion of public awareness of the Constitution.
The State shall promote public awareness of this Constitution by—
(a) translating it into Ugandan languages and disseminating it as
widely as possible; and
(b) providing for the teaching of the Constitution in all educational
institutions and armed forces training institutions and regularly
transmitting and publishing programmes through the media
generally.
Chapter Two
The Republic.
5. The Republic of Uganda.
(1) Uganda is one sovereign State and a Republic.
(2) Uganda shall consist of the districts specified in the First Schedule
to this Constitution and such other districts as may be established in
accordance with this Constitution or any other law consistent with it.
(3) The territorial boundary of Uganda shall be as delineated in the
Second Schedule to this Constitution.
(4) The capital of Uganda is Kampala.
6. Official language.
(1) The official language of Uganda is English.
(2) Subject to clause (1) of this article, any other language may be
used as a medium of instruction in schools or other educational institutions
or for legislative, administrative or judicial purposes as may be prescribed by
law.
7. Nonadoption of a State religion.
Uganda shall not adopt a State religion.
8. National symbols and seals.
The national flag, the national coat of arms, the public seal, the national
anthem and the seals of the courts of judicature in use immediately before the
coming into force of this Constitution shall continue to be in use.
Chapter Three
Citizenship.
9. Citizens of Uganda.
Every person who, on the commencement of this Constitution, is a citizen of
Uganda shall continue to be such a citizen.
10. Citizenship by birth.
The following persons shall be citizens of Uganda by birth—
(a) every person born in Uganda one of whose parents or
grandparents is or was a member of any of the indigenous
communities existing and residing within the borders of Uganda
as at the first day of February, 1926, and set out in the Third
Schedule to this Constitution; and
(b) every person born in or outside Uganda one of whose parents or
grandparents was at the time of birth of that person a citizen of
Uganda by birth.
11. Foundlings and adopted children.
(1) A child of not more than five years of age found in Uganda,
whose parents are not known, shall be presumed to be a citizen of Uganda by
birth.
(2) A child under the age of eighteen years neither of whose parents
is a citizen of Uganda, who is adopted by a citizen of Uganda shall, on
application, be registered as a citizen of Uganda.
12. Citizenship by registration.
(1) Every person born in Uganda—
(a) at the time of whose birth—
(i) neither of his or her parents and none of his or her
grandparents had diplomatic status in Uganda; and
(ii) neither of his or her parents and none of his or her
grandparents was a refugee in Uganda; and
(b) who has lived continuously in Uganda since the ninth day of
October, 1962,
shall, on application, be entitled to be registered as a citizen of Uganda.
(2) The following persons shall, upon application, be registered as
citizens of Uganda—
(a) every person married to a Uganda citizen upon proof of a legal
and subsisting marriage of three years or such other period
prescribed by Parliament;
(b) every person who has legally and voluntarily migrated to and has
been living in Uganda for at least ten years or such other period
prescribed by Parliament;
(c) every person who, on the commencement of this Constitution, has
lived in Uganda for at least twenty years.
(3) Clause (2)(a) of this article applies also to a person who was
married to a citizen of Uganda who, but for his or her death, would have
continued to be a citizen of Uganda under this Constitution.
(4) Where a person has been registered as a citizen of Uganda under
clause (2)(a) of this article and the marriage by virtue of which that person
was registered is—
(a) annulled or otherwise declared void by a court or tribunal of
competent jurisdiction; or
(b) dissolved,
that person shall, unless he or she renounces that citizenship, continue to be
a citizen of Uganda.
13. Citizenship by naturalisation.
Parliament shall by law provide for the acquisition and loss of citizenship by
naturalisation.
14. Loss of citizenship by registration.
A person may be deprived of his or her citizenship if acquired by registration,
on any of the following grounds—
(a) voluntary acquisition of the citizenship of another country;
(b) voluntary service in the armed forces or security forces of a
country hostile to or at war with Uganda;
(c) acquisition of Uganda citizenship by fraud, deceit, bribery, or
having made intentional and deliberate false statements in his or
her application for citizenship; and
(d) espionage against Uganda.
15. Prohibition of dual citizenship.
(1) Subject to this article, a Uganda citizen shall not hold the
citizenship of another country concurrently with his or her Uganda
citizenship.
(2) A citizen of Uganda shall cease forthwith to be a citizen of
Uganda if, on attaining the age of eighteen years he or she, by voluntary act
other than marriage, acquires or retains the citizenship of a country other than
Uganda.
(3) A person who—
(a) becomes a citizen of Uganda by registration; and
(b) upon becoming a citizen of Uganda, is also a citizen of another
country,
shall cease to be a citizen of Uganda unless he or she has—
(c) renounced his or her citizenship of that other country;
(d) taken the oath of allegiance specified in the Fourth Schedule to
this Constitution;
(e) made and registered such declaration of his or her intentions
concerning residence as may be prescribed by law; or
(f) obtained an extension of time for taking those steps and the
extended period has not expired.
(4) A Uganda citizen who loses his or her Uganda citizenship as a
result of the acquisition or possession of the citizenship of another country
shall, on the renunciation of his or her citizenship of that other country,
become a citizen of Uganda.
(5) Where the law of a country, other than Uganda, requires a person
who marries a citizen of that country to renounce the citizenship of his or her
own country by virtue of that marriage, a citizen of Uganda who is deprived
of his or her citizenship by virtue of that marriage shall, on the dissolution of
that marriage, if he or she thereby loses his or her citizenship acquired by that
marriage, become a citizen of Uganda.
16. National Citizenship and Immigration Board.
(1) There shall be a National Citizenship and Immigration Board.
(2) The board shall consist of a chairperson and not less than four
other persons, each of whom shall be of high moral character and proven
integrity, appointed by the President with the approval of Parliament.
(3) The functions of the board shall be prescribed by Parliament and
shall include—
(a) registering and issuing national identity cards to citizens;
(b) issuing Uganda passports and other travel documents;
(c) granting and cancelling citizenship by registration and
naturalisation;
(d) granting and cancelling immigration permits; and
(e) registering and issuing identity cards to aliens.
(4) The functions of the board set out in clause (3)(a), (b) and (d) of
this article may be decentralised to the district level.
17. Duties of a citizen.
(1) It is the duty of every citizen of Uganda—
(a) to respect the national anthem, flag, coat of arms and currency;
(b) to respect the rights and freedoms of others;
(c) to protect children and vulnerable persons against any form of
abuse, harassment or ill-treatment;
(d) to protect and preserve public property;
(e) to defend Uganda and to render national service when necessary;
(f) to cooperate with lawful agencies in the maintenance of law and
order;
(g) to pay taxes;
(h) to register for electoral and other lawful purposes;
(i) to combat corruption and misuse or wastage of public property;
and
(j) to create and protect a clean and healthy environment.
(2) It is the duty of all able-bodied citizens to undergo military
training for the defence of this Constitution and the protection of the
territorial integrity of Uganda whenever called upon to do so; and the State
shall ensure that facilities are available for such training.
18. Registration of births, marriages and deaths.
The State shall register every birth, marriage and death occurring in Uganda.
19. Citizenship of a parent dying before the birth of a person.
(1) A reference in this Chapter to the citizenship of the parent of a
person at the time of the birth of that person shall, in relation to a person born
after the death of the parent, be construed as a reference to the citizenship of
the parent at the time of the parent’s death.
(2) For the purposes of clause (1) of this article, where the death
occurred before the coming into force of this Constitution, the citizenship that
the parent would have had if he or she had died on the coming into force of
this Constitution shall be taken to be his or her citizenship at the time of his
or her death.
Chapter Four
Protection and promotion of fundamental and other human rights
and freedoms.
General.
20. Fundamental and other human rights and freedoms.
(1) Fundamental rights and freedoms of the individual are inherent
and not granted by the State.
(2) The rights and freedoms of the individual and groups enshrined
in this Chapter shall be respected, upheld and promoted by all organs and
agencies of Government and by all persons.
21. Equality and freedom from discrimination.
(1) All persons are equal before and under the law in all spheres of
political, economic, social and cultural life and in every other respect and
shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not
be discriminated against on the ground of sex, race, colour, ethnic origin,
tribe, birth, creed or religion, social or economic standing, political opinion
or disability.
(3) For the purposes of this article, “discriminate” means to give
different treatment to different persons attributable only or mainly to their
respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed
or religion, social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws
that are necessary for—
(a) implementing policies and programmes aimed at redressing
social, economic, educational or other imbalance in society; or
(b) making such provision as is required or authorised to be made
under this Constitution; or
(c) providing for any matter acceptable and demonstrably justified in
a free and democratic society.
(5) Nothing shall be taken to be inconsistent with this article which
is allowed to be done under any provision of this Constitution.
22. Protection of right to life.
(1) No person shall be deprived of life intentionally except in
execution of a sentence passed in a fair trial by a court of competent
jurisdiction in respect of a criminal offence under the laws of Uganda and the
conviction and sentence have been confirmed by the highest appellate court.
(2) No person has the right to terminate the life of an unborn child
except as may be authorised by law.
23. Protection of personal liberty.
(1) No person shall be deprived of personal liberty except in any of
the following cases—
(a) in execution of the sentence or order of a court, whether
established for Uganda or another country or of an international
court or tribunal in respect of a criminal offence of which that
person has been convicted, or of an order of a court punishing the
person for contempt of court;
(b) in execution of the order of a court made to secure the fulfillment
of any obligation imposed on that person by law;
(c) for the purpose of bringing that person before a court in execution
of the order of a court or upon reasonable suspicion that that
person has committed or is about to commit a criminal offence
under the laws of Uganda;
(d) for the purpose of preventing the spread of an infectious or
contagious disease;
(e) in the case of a person who has not attained the age of eighteen
years, for the purpose of the education or welfare of that person;
(f) in the case of a person who is, or is reasonably suspected to be, of
unsound mind or addicted to drugs or alcohol, for the purpose of
the care or treatment of that person or the protection of the
community;
(g) for the purpose of preventing the unlawful entry of that person
into Uganda, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Uganda
or for the purpose of restricting that person while being conveyed
through Uganda in the course of the extradition or removal of that
person as a convicted prisoner from one country to another; or
(h) as may be authorised by law, in any other circumstances similar
to any of the cases specified in paragraphs (a) to (g) of this clause.
(2) A person arrested, restricted or detained shall be kept in a place
authorised by law.
(3) A person arrested, restricted or detained shall be informed
immediately, in a language that the person understands, of the reasons for the
arrest, restriction or detention and of his or her right to a lawyer of his or her
choice.
(4) A person arrested or detained—
(a) for the purpose of bringing him or her before a court in execution
of an order of a court; or
(b) upon reasonable suspicion of his or her having committed or
being about to commit a criminal offence under the laws of
Uganda,
shall, if not earlier released, be brought to court as soon as possible but in any
case not later than forty-eight hours from the time of his or her arrest.
(5) Where a person is restricted or detained—
(a) the next-of-kin of that person shall, at the request of that person,
be informed as soon as practicable of the restriction or detention;
(b) the next-of-kin, lawyer and personal doctor of that person shall be
allowed reasonable access to that person; and
(c) that person shall be allowed access to medical treatment
including, at the request and at the cost of that person, access to
private medical treatment.
(6) Where a person is arrested in respect of a criminal offence—
(a) the person is entitled to apply to the court to be released on bail,
and the court may grant that person bail on such conditions as the
court considers reasonable;
(b) in the case of an offence which is triable by the High Court as
well as by a subordinate court, the person shall be released on bail
on such conditions as the court considers reasonable, if that
person has been remanded in custody in respect of the offence
before trial for one hundred and twenty days;
(c) in the case of an offence triable only by the High Court, the
person shall be released on bail on such conditions as the court
considers reasonable, if the person has been remanded in custody
for three hundred and sixty days before the case is committed to
the High Court.
(7) A person unlawfully arrested, restricted or detained by any other
person or authority shall be entitled to compensation from that other person
or authority whether it is the State or an agency of the State or other person
or authority.
(8) Where a person is convicted and sentenced to a term of
imprisonment for an offence, any period he or she spends in lawful custody
in respect of the offence before the completion of his or her trial shall be
taken into account in imposing the term of imprisonment.
(9) The right to an order of habeas corpus shall be inviolable and shall
not be suspended.
24. Respect for human dignity and protection from inhuman
treatment.
No person shall be subjected to any form of torture or cruel, inhuman or
degrading treatment or punishment.
25. Protection from slavery, servitude and forced labour.
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this article, “forced labour” does not
include—
(a) any labour required in consequence of the sentence or order of a
court;
(b) any labour required of any person while that person is lawfully
detained which, though not required in consequence of the
sentence or order of a court, is reasonably necessary in the
interests of hygiene or for the maintenance of the place at which
the person is detained;
(c) any labour required of a member of a disciplined force as part of
that member’s duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval,
military or air force, any labour which that person is required by
law to perform in place of that service;
(d) any labour required during any period when Uganda is at war or
in case of any emergency or calamity which threatens the life and
well-being of the community, to the extent that the requiring of
the labour is reasonably justifiable in the circumstances of any
situation arising or existing during the period or as a result of the
emergency or calamity, for the purpose of dealing with that
situation; or
(e) any labour reasonably required as part of reasonable and normal
communal or other civic obligations.
26. Protection from deprivation of property.
(1) Every person has a right to own property either individually or in
association with others.
(2) No person shall be compulsorily deprived of property or any
interest in or right over property of any description except where the
following conditions are satisfied—
(a) the taking of possession or acquisition is necessary for public use
or in the interest of defence, public safety, public order, public
morality or public health; and
(b) the compulsory taking of possession or acquisition of property is
made under a law which makes provision for—
(i) prompt payment of fair and adequate compensation, prior
to the taking of possession or acquisition of the property;
and
(ii) a right of access to a court of law by any person who has an
interest or right over the property.
27. Right to privacy of person, home and other property.
(1) No person shall be subjected to—
(a) unlawful search of the person, home or other property of that
person; or
(b) unlawful entry by others of the premises of that person.
(2) No person shall be subjected to interference with the privacy of
that person’s home, correspondence, communication or other property.
28. Right to a fair hearing.
(1) In the determination of civil rights and obligations or any criminal
charge, a person shall be entitled to a fair, speedy and public hearing before
an independent and impartial court or tribunal established by law.
(2) Nothing in clause (1) of this article shall prevent the court or
tribunal from excluding the press or the public from all or any proceedings
before it for reasons of morality, public order or national security, as may be
necessary in a free and democratic society.
(3) Every person who is charged with a criminal offence shall—
(a) be presumed to be innocent until proved guilty or until that
person has pleaded guilty;
(b) be informed immediately, in a language that the person
understands, of the nature of the offence;
(c) be given adequate time and facilities for the preparation of his or
her defence;
(d) be permitted to appear before the court in person or, at that
person’s own expense, by a lawyer of his or her choice;
(e) in the case of any offence which carries a sentence of death or
imprisonment for life, be entitled to legal representation at the
expense of the State;
(f) be afforded, without payment by that person, the assistance of an
interpreter if that person cannot understand the language used at
the trial;
(g) be afforded facilities to examine witnesses and to obtain the
attendance of other witnesses before the court.
(4) Nothing done under the authority of any law shall be held to be
inconsistent with—
(a) clause (3)(a) of this article, to the extent that the law in question
imposes upon any person charged with a criminal offence, the
burden of proving particular facts;
(b) clause (3)(g) of this article, to the extent that the law imposes
conditions that must be satisfied if witnesses called to testify on
behalf of an accused are to be paid their expenses out of public
funds.
(5) Except with his or her consent, the trial of any person shall not
take place in the absence of that person unless the person so conducts himself
or herself as to render the continuance of the proceedings in the presence of
that person impracticable and the court makes an order for the person to be
removed and the trial to proceed in the absence of that person.
(6) A person tried for any criminal offence, or any person authorised
by him or her, shall, after the judgment in respect of that offence, be entitled
to a copy of the proceedings upon payment of a fee prescribed by law.
(7) No person shall be charged with or convicted of a criminal
offence which is founded on an act or omission that did not at the time it took
place constitute a criminal offence.
(8) No penalty shall be imposed for a criminal offence that is severer
in degree or description than the maximum penalty that could have been
imposed for that offence at the time when it was committed.
(9) A person who shows that he or she has been tried by a competent
court for a criminal offence and convicted or acquitted of that offence shall
not again be tried for the offence or for any other criminal offence of which
he or she could have been convicted at the trial for that offence, except upon
the order of a superior court in the course of appeal or review proceedings
relating to the conviction or acquittal.
(10) No person shall be tried for a criminal offence if the person shows
that he or she has been pardoned in respect of that offence.
(11) Where a person is being tried for a criminal offence, neither that
person nor the spouse of that person shall be compelled to give evidence
against that person.
(12) Except for contempt of court, no person shall be convicted of a
criminal offence unless the offence is defined and the penalty for it prescribed
by law.
29. Protection of freedom of conscience, expression, movement,
religion, assembly and association.
(1) Every person shall have the right to—
(a) freedom of speech and expression which shall include freedom of
the press and other media;
(b) freedom of thought, conscience and belief which shall include
academic freedom in institutions of learning;
(c) freedom to practise any religion and manifest such practice which
shall include the right to belong to and participate in the practices
of any religious body or organisation in a manner consistent with
this Constitution;
(d) freedom to assemble and to demonstrate together with others
peacefully and unarmed and to petition; and
(e) freedom of association which shall include the freedom to form
and join associations or unions, including trade unions and
political and other civic organisations.
(2) Every Ugandan shall have the right—
(a) to move freely throughout Uganda and to reside and settle in any
part of Uganda;
(b) to enter, leave and return to, Uganda; and
(c) to a passport or other travel document.
30. Right to education.
All persons have a right to education.
31. Rights of the family.
(1) Men and women of the age of eighteen years and above have the
right to marry and to found a family and are entitled to equal rights in
marriage, during marriage and at its dissolution.
(2) Parliament shall make appropriate laws for the protection of the
rights of widows and widowers to inherit the property of their deceased
spouses and to enjoy parental rights over their children.
(3) Marriage shall be entered into with the free consent of the man
and woman intending to marry.
(4) It is the right and duty of parents to care for and bring up their
children.
(5) Children may not be separated from their families or the persons
entitled to bring them up against the will of their families or of those persons,
except in accordance with the law.
32. Affirmative action in favour of marginalised groups.
(1) Notwithstanding anything in this Constitution, the State shall take
affirmative action in favour of groups marginalised on the basis of gender,
age, disability or any other reason created by history, tradition or custom, for
the purpose of redressing imbalances which exist against them.
(2) Parliament shall make relevant laws, including laws for the
establishment of an equal opportunities commission, for the purpose of
giving full effect to clause (1) of this article.
33. Rights of women.
(1) Women shall be accorded full and equal dignity of the person
with men.
(2) The State shall provide the facilities and opportunities necessary
to enhance the welfare of women to enable them to realise their full potential
and advancement.
(3) The State shall protect women and their rights, taking into account
their unique status and natural maternal functions in society.
(4) Women shall have the right to equal treatment with men and that
right shall include equal opportunities in political, economic and social
activities.
(5) Without prejudice to article 32 of this Constitution, women shall
have the right to affirmative action for the purpose of redressing the
imbalances created by history, tradition or custom.
(6) Laws, cultures, customs or traditions which are against the
dignity, welfare or interest of women or which undermine their status, are
prohibited by this Constitution.
34. Rights of children.
(1) Subject to laws enacted in their best interests, children shall have
the right to know and be cared for by their parents or those entitled by law to
bring them up.
(2) A child is entitled to basic education which shall be the
responsibility of the State and the parents of the child.
(3) No child shall be deprived by any person of medical treatment,
education or any other social or economic benefit by reason of religious or
other beliefs.
(4) Children are entitled to be protected from social or economic
exploitation and shall not be employed in or required to perform work that is
likely to be hazardous or to interfere with their education or to be harmful to
their health or physical, mental, spiritual, moral or social development.
(5) For the purposes of clause (4) of this article, children shall be
persons under the age of sixteen years.
(6) A child offender who is kept in lawful custody or detention shall
be kept separately from adult offenders.
(7) The law shall accord special protection to orphans and other
vulnerable children.
35. Rights of persons with disabilities.
(1) Persons with disabilities have a right to respect and human
dignity, and the State and society shall take appropriate measures to ensure
that they realise their full mental and physical potential.
(2) Parliament shall enact laws appropriate for the protection of
persons with disabilities.
36. Protection of rights of minorities.
Minorities have a right to participate in decision-making processes, and their
views and interests shall be taken into account in the making of national plans
and programmes.
37. Right to culture and similar rights.
Every person has a right as applicable to belong to, enjoy, practise, profess,
maintain and promote any culture, cultural institution, language, tradition,
creed or religion in community with others.
38. Civic rights and activities.
(1) Every Uganda citizen has the right to participate in the affairs of
government, individually or through his or her representatives in accordance
with law.
(2) Every Ugandan has a right to participate in peaceful activities to
influence the policies of government through civic organisations.
39. Right to a clean and healthy environment.
Every Ugandan has a right to a clean and healthy environment.
40. Economic rights.
(1) Parliament shall enact laws—
(a) to provide for the right of persons to work under satisfactory, safe
and healthy conditions;
(b) to ensure equal payment for equal work without discrimination;
and
(c) to ensure that every worker is accorded rest and reasonable
working hours and periods of holidays with pay, as well as
remuneration for public holidays.
(2) Every person in Uganda has the right to practise his or her
profession and to carry on any lawful occupation, trade or business.
(3) Every worker has a right—
(a) to form or join a trade union of his or her choice for the
promotion and protection of his or her economic and social
interests;
(b) to collective bargaining and representation; and
(c) to withdraw his or her labour according to law.
(4) The employer of every woman worker shall accord her protection
during pregnancy and after birth, in accordance with the law.
41. Right of access to information.
(1) Every citizen has a right of access to information in the possession
of the State or any other organ or agency of the State except where the release
of the information is likely to prejudice the security or sovereignty of the
State or interfere with the right to the privacy of any other person.
(2) Parliament shall make laws prescribing the classes of information
referred to in clause (1) of this article and the procedure for obtaining access
to that information.
42. Right to just and fair treatment in administrative decisions.
Any person appearing before any administrative official or body has a right
to be treated justly and fairly and shall have a right to apply to a court of law
in respect of any administrative decision taken against him or her.
43. General limitation on fundamental and other human rights and
freedoms.
(1) In the enjoyment of the rights and freedoms prescribed in this
Chapter, no person shall prejudice the fundamental or other human rights and
freedoms of others or the public interest.
(2) Public interest under this article shall not permit—
(a) political persecution;
(b) detention without trial;
(c) any limitation of the enjoyment of the rights and freedoms
prescribed by this Chapter beyond what is acceptable and
demonstrably justifiable in a free and democratic society, or what
is provided in this Constitution.
44. Prohibition of derogation from particular human rights and
freedoms.
Notwithstanding anything in this Constitution, there shall be no derogation
from the enjoyment of the following rights and freedoms—
(a) freedom from torture and cruel, inhuman or degrading treatment
or punishment;
(b) freedom from slavery or servitude;
(c) the right to fair hearing;
(d) the right to an order of habeas corpus.
45. Human rights and freedoms additional to other rights.
The rights, duties, declarations and guarantees relating to the fundamental
and other human rights and freedoms specifically mentioned in this Chapter
shall not be regarded as excluding others not specifically mentioned.
Human rights and freedoms during a state of emergency.
46. Effect of laws enacted for a state of emergency.
(1) An Act of Parliament shall not be taken to contravene the rights
and freedoms guaranteed in this Chapter, if that Act authorises the taking of
measures that are reasonably justifiable for dealing with a state of emergency.
(2) The provisions of any enactment other than an Act of Parliament
dealing with a state of emergency declared under this Constitution shall apply
only to that part of Uganda where the emergency exists.
(3) Without prejudice to clause (1) of this article, an Act enacted in
accordance with that clause may make provision for the detention of persons
where necessary for the purposes of dealing with the emergency.
47. Detention under emergency laws.
Where a person is restricted or detained under a law made for the purpose of
a state of emergency, the following provisions shall apply—
(a) he or she shall, within twenty-four hours after the commencement
of the restriction or detention, be furnished with a statement in
writing specifying the grounds upon which he or she is restricted
or detained;
(b) the spouse or next-of-kin of or other person named by the person
restricted or detained shall be informed of the restriction or
detention and allowed access to the person within seventy-two
hours after the commencement of the restriction or detention;
(c) not more than thirty days after the commencement of his or her
restriction or detention, a notification shall be published in the
Gazette and in the media stating that he or she has been restricted
or detained and giving particulars of the provisions of the law
under which his or her restriction or detention is authorised and
the grounds of his or her restriction or detention.
48. Review by the Uganda Human Rights Commission.
(1) The Uganda Human Rights Commission shall review the case of
a person who is restricted or detained and to whom article 47 of this
Constitution applies, not later than twenty-one days after the commencement
of the restriction or detention, and after that, at intervals of not more than
thirty days.
(2) A person who is restricted or detained shall be permitted and
afforded every possible facility—
(a) to consult a lawyer of his or her choice or any group of persons
who shall be permitted to make representations to the Uganda
Human Rights Commission for the review of his or her case;
(b) to appear in person or by a lawyer of his or her choice at the
hearing or review of his or her case.
(3) On a review of the case, the Uganda Human Rights Commission
may order the release of that person, or uphold the grounds of the restriction
or detention.
49. Report to Parliament.
(1) In every month in which there is a sitting of Parliament, the
Minister responsible shall make a report to Parliament in respect of—
(a) the number of persons restricted or detained under the state of
emergency; and
(b) the action taken in compliance with the findings of the Uganda
Human Rights Commission.
(2) The Minister responsible shall publish every month in the Gazette
and in the media—
(a) the number and names and addresses of the persons restricted or
detained;
(b) the number of cases reviewed by the Uganda Human Rights
Commission; and
(c) the action taken in compliance with the findings of the Uganda
Human Rights Commission.
(3) For the avoidance of doubt, it is declared that at the end of the
emergency declared under this Constitution, any person in or under
restriction, detention or custody as a result of the declaration of emergency
shall be released immediately, unless charged with a criminal offence in a
court of law.
Enforcement of rights and freedoms by courts.
50. Enforcement of rights and freedoms by courts.
(1) Any person who claims that a fundamental or other right or
freedom guaranteed under this Constitution has been infringed or threatened,
is entitled to apply to a competent court for redress which may include
compensation.
(2) Any person or organisation may bring an action against the
violation of another person’s or group’s human rights.
(3) Any person aggrieved by any decision of the court may appeal to
the appropriate court.
(4) Parliament shall make laws for the enforcement of the rights and
freedoms under this Chapter.
Uganda Human Rights Commission.
51. Uganda Human Rights Commission.
(1) There shall be a commission called the Uganda Human Rights
Commission.
(2) The commission shall be composed of a chairperson and not less
than three other persons appointed by the President with the approval of
Parliament.
(3) The chairperson of the commission shall be a judge of the High
Court or a person qualified to hold that office.
(4) The chairperson and members of the commission shall be persons
of high moral character and proven integrity and shall serve for a period of
six years and be eligible for reappointment.
52. Functions of the Human Rights Commission.
(1) The commission shall have the following functions—
(a) to investigate, at its own initiative or on a complaint made by any
person or group of persons against the violation of any human
right;
(b) to visit jails, prisons, and places of detention or related facilities
with a view to assessing and inspecting conditions of the inmates
and make recommendations;
(c) to establish a continuing programme of research, education and
information to enhance respect of human rights;
(d) to recommend to Parliament effective measures to promote
human rights, including provision of compensation to victims of
violations of human rights or their families;
(e) to create and sustain within society the awareness of the
provisions of this Constitution as the fundamental law of the
people of Uganda;
(f) to educate and encourage the public to defend this Constitution
at all times against all forms of abuse and violation;
(g) to formulate, implement and oversee programmes intended to
inculcate in the citizens of Uganda awareness of their civic
responsibilities and an appreciation of their rights and obligations
as free people;
(h) to monitor the Government’s compliance with international treaty
and convention obligations on human rights; and
(i) to perform such other functions as may be provided by law.
(2) The Uganda Human Rights Commission shall publish periodic
reports on its findings and submit annual reports to Parliament on the state of
human rights and freedoms in the country.
(3) In the performance of its functions, the Uganda Human Rights
Commission shall—
(a) establish its operational guidelines and rules of procedure;
(b) request the assistance of any department, bureau, office, agency
or person in the performance of its functions; and
(c) observe the rules of natural justice.
53. Powers of the commission.
(1) In the performance of its functions, the commission shall have the
powers of a court—
(a) to issue summons or other orders requiring the attendance of any
person before the commission and the production of any
document or record relevant to any investigation by the
commission;
(b) to question any person in respect of any subject matter under
investigation before the commission;
(c) to require any person to disclose any information within his or her
knowledge relevant to any investigation by the commission; and
(d) to commit persons for contempt of its orders.
(2) The commission may, if satisfied that there has been an
infringement of a human right or freedom, order—
(a) the release of a detained or restricted person;
(b) payment of compensation; or
(c) any other legal remedy or redress.
(3) A person or authority dissatisfied with an order made by the
commission under clause (2) of this article has a right to appeal to the High
Court.
(4) The commission shall not investigate—
(a) any matter which is pending before a court or judicial tribunal;
(b) a matter involving the relations or dealings between the
Government and the Government of any foreign State or
international organisation; or
(c) a matter relating to the exercise of the prerogative of mercy.
54. Independence of the commission.
Subject to this Constitution, the commission shall be independent and shall
not, in the performance of its duties, be subject to the direction or control of
any person or authority.
55. Expenses of the commission.
(1) The commission shall be self-accounting and all the
administrative expenses of the commission, including salaries, allowances
and pensions payable to persons serving with the commission, shall be
charged on the Consolidated Fund.
(2) The chairperson and other members of the commission shall be
paid such salaries and allowances as Parliament may prescribe.
56. Removal of commissioners.
The provisions of this Constitution relating to the removal of a judge of the
High Court from office shall, with the necessary modifications, apply to the
removal from office of a member of the commission.
57. Staff of the commission.
The appointment of the officers and other employees of the commission shall
be made by the commission in consultation with the Public Service
Commission.
58. Parliament to make laws regarding functions of the commission.
Parliament may make laws to regulate and facilitate the performance of the
functions of the Uganda Human Rights Commission.
Chapter Five
Representation of The People.
Right to vote.
59. Right to vote.
(1) Every citizen of Uganda of eighteen years of age or above has a
right to vote.
(2) It is the duty of every citizen of Uganda of eighteen years of age
or above to register as a voter for public elections and referenda.
(3) The State shall take all necessary steps to ensure that all citizens
qualified to vote register and exercise their right to vote.
(4) Parliament shall make laws to provide for the facilitation of
citizens with disabilities to register and vote.
Electoral Commission.
60. Electoral Commission.
(1) There shall be an Electoral Commission which shall consist of a
chairperson, a deputy chairperson and five other members appointed by the
President with the approval of Parliament.
(2) Members of the commission shall be persons of high moral
character, proven integrity and who possess considerable experience and
demonstrated competence in the conduct of public affairs.
(3) The members of the commission shall hold office for seven years,
and their appointment may be renewed for one more term only.
(4) If the appointment of a member of the commission is being
renewed, the renewal shall be done at least three months before the expiry of
the first term.
(5) A person holding any of the following offices shall relinquish his
or her position in that office on appointment as a member of the
commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political
organisation; or
(d) a public officer.
(6) Members of the commission shall be paid such emoluments as
Parliament may determine.
(7) If a member of the commission is absent or dies, the President
shall, with the approval of Parliament, appoint a person qualified in terms of
this article to act in his or her place until that person is able again to resume
his or her duties or, as the case may be, until a new person is appointed to fill
the vacancy.
(8) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising out
of physical or mental incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.
61. Functions of the Electoral Commission.
The Electoral Commission shall have the following functions—
(a) to ensure that regular, free and fair elections are held;
(b) to organise, conduct and supervise elections and referenda in
accordance with this Constitution;
(c) to demarcate constituencies in accordance with the provisions of
this Constitution;
(d) to ascertain, publish and declare in writing under its seal the
results of the elections and referenda;
(e) to compile, maintain, revise and update the voters register;
(f) to hear and determine election complaints arising before and
during polling;
(g) to formulate and implement civic educational programmes
relating to elections; and
(h) to perform such other functions as may be prescribed by
Parliament by law.
62. Independence of the commission.
Subject to the provisions of this Constitution, the commission shall be
independent and shall, in the performance of its functions, not be subject to
the direction or control of any person or authority.
63. Constituencies.
(1) Subject to clauses (2) and (3) of this article, Uganda shall be
divided into as many constituencies for the purpose of election of members
of Parliament as Parliament may prescribe; and each constituency shall be
represented by one member of Parliament.
(2) When demarcating constituencies for the purposes of clause (1)
of this article, the Electoral Commission shall ensure that each county, as
approved by Parliament, has at least one member of Parliament; except that
no constituency shall fall within more than one county.
(3) Subject to clause (2) of this article, the boundary of a constituency
shall be such that the number of inhabitants in the constituency is, as nearly
as possible, equal to the population quota.
(4) For the purposes of clause (3) of this article, the number of
inhabitants of a constituency may be greater or less than the population quota
in order to take account of means of communication, geographical features,
density of population, area and boundaries of districts.
(5) Subject to clause (1) of this article, the commission shall review
the division of Uganda into constituencies within twelve months after the
publication of results of a census of the population of Uganda and may as a
result redemarcate the constituencies.
(6) Where the boundary of a constituency established under this
article is altered as a result of a review, the alteration shall come into effect
upon the next dissolution of Parliament.
(7) For the purposes of this article, “population quota” means the
number obtained by dividing the number of inhabitants of Uganda by the
number of constituencies into which Uganda is to be divided under this
article.
64. Appeals from decisions of the commission.
(1) Any person aggrieved by a decision of the Electoral Commission
in respect of any of the complaints referred to in article 61(f) of this
Constitution may appeal to the High Court.
(2) A person aggrieved by a decision of the commission in respect of
a demarcation of a boundary may appeal to a tribunal consisting of three
persons appointed by the Chief Justice; and the commission shall give effect
to the decision of the tribunal.
(3) A person aggrieved by a decision of the tribunal made under
clause (2) of this article may appeal to the High Court.
(4) A decision of the High Court on an appeal under clause (1) or (3)
of this article shall be final.
(5) Parliament shall make laws providing for procedure for the
expeditious disposal of appeals referred to in this article.
65. Staff of the commission.
The appointment of officers and employees of the Electoral Commission
shall be made by the commission acting in consultation with the Public
Service Commission.
66. Expenses of the commission.
(1) Parliament shall ensure that adequate resources and facilities are
provided to the commission to enable it to perform its functions effectively.
(2) The commission shall be a self-accounting institution and shall
deal directly with the Ministry responsible for finance on matters relating to
its finances.
(3) The administrative expenses of the commission, including
salaries, allowances and pensions payable to or in respect of persons serving
with the commission, shall be charged on the Consolidated Fund.
67. Organisation of elections.
(1) The Electoral Commission shall ensure that elections are held at
times fixed and notified in advance to the public.
(2) No candidate in an election shall be denied reasonable access and
use of State-owned communication media.
(3) All presidential candidates shall be given equal time and space on
the State-owned media to present their programmes to the people.
(4) Parliament shall make laws regulating the use of public resources
and institutions during election campaigns.
68. Voting at elections and referenda.
(1) At a public election or referendum, voting shall, subject to the
provisions of this Constitution, be by secret ballot using one ballot box at
each polling station for all candidates in an election and for all sides in a
referendum.
(2) Immediately after the close of the poll, the presiding officer shall
proceed to count at the polling station, the ballot papers of that station and
record the votes cast in favour of each candidate or question.
(3) A candidate is entitled to be present in person or through his or
her representatives or polling agents at the polling station throughout the
period of voting, counting of the votes and ascertaining of the results of the
poll.
(4) The presiding officer, the candidates or their representatives and
in the case of a referendum, the sides contesting or their agents, if any, shall
sign and retain a copy of a declaration stating—
(a) the polling station;
(b) the number of votes cast in favour of each candidate or question,
and the presiding officer shall there and then, announce the results of the
voting at that polling station before communicating them to the returning
officer.
(5) Subject to the provisions of this Constitution, an issue for
determination by a referendum shall be taken to be determined by a majority
of the votes cast at the referendum.
Political systems.
69. Political systems.
(1) The people of Uganda shall have the right to choose and adopt a
political system of their choice through free and fair elections or referenda.
(2) The political systems referred to in clause (1) of this article shall
include—
(a) the movement political system;
(b) the multiparty political system; and
(c) any other democratic and representative political system.
70. Movement political system.
(1) The movement political system is broad-based, inclusive and
nonpartisan and shall conform to the following principles—
(a) participatory democracy;
(b) democracy, accountability and transparency;
(c) accessibility to all positions of leadership by all citizens;
(d) individual merit as a basis for election to political offices.
(2) Parliament may—
(a) create organs under the movement political system and define
their roles; and
(b) prescribe from time to time any other democratic principle of the
movement political system, as it may consider necessary.
71. Multiparty political system.
A political party in the multiparty political system shall conform to the
following principles—
(a) every political party shall have a national character;
(b) membership of a political party shall not be based on sex,
ethnicity, religion or other sectional division;
(c) the internal organisation of a political party shall conform to the
democratic principles enshrined in this Constitution;
(d) members of the national organs of a political party shall be
regularly elected from citizens of Uganda in conformity with the
provisions of paragraphs (a) and (b) of this article and with due
consideration for gender;
(e) political parties shall be required by law to account for the
sources and use of their funds and assets;
(f) no person shall be compelled to join a particular party by virtue
of belonging to an organisation or interest group.
72. Right to form political organisations.
(1) Subject to the provisions of this Constitution, the right to form
political parties and any other political organisations is guaranteed.
(2) An organisation shall not operate as a political party or
organisation unless it conforms to the principles laid down in this
Constitution and it is registered.
(3) Parliament shall by law regulate the financing and functioning of
political organisations.
73. Regulations of political organisations.
(1) Subject to the provisions of this Constitution, but notwithstanding
the provisions of articles 29(1)(e) and 43 of this Constitution, during the
period when any of the political systems provided for in this Constitution has
been adopted, organisations subscribing to other political systems may exist
subject to such regulations as Parliament shall by law prescribe.
(2) Regulations prescribed under this article shall not exceed what
is necessary for enabling the political system adopted to operate.
74. Change of political systems by referenda or elections.
(1) A referendum shall be held for the purpose of changing the
political system—
(a) if requested by a resolution supported by more than half of all
members of Parliament;
(b) if requested by a resolution supported by the majority of the total
membership of each of at least one half of all district councils; or
(c) if requested through a petition to the Electoral Commission by at
least one-tenth of the registered voters from each of at least
two-thirds of the constituencies for which representatives are
required to be directly elected under article 78(1)(a) of this
Constitution.
(2) The political system may also be changed by the elected
representatives of the people in Parliament and district councils by resolution
of Parliament supported by not less than two-thirds of all members of
Parliament upon a petition to it supported by not less than two-thirds majority
of the total membership of each of at least half of all district councils.
(3) The resolutions or petitions for the purposes of changing the
political system shall be taken only in the fourth year of the term of any
Parliament.
75. Prohibition of one-party State.
Parliament shall have no power to enact a law establishing a one-party state.
General.
76. Parliament to enact laws on elections.
Parliament may, subject to the provisions of this Constitution, enact such
laws as may be necessary for the purposes of this Chapter, including laws for
the registration of voters, the conduct of public elections and referenda and,
where necessary, making provision for voting by proxy.
Chapter Six
The Legislature.
Establishment, composition and functions of Parliament.
77. Parliament of Uganda.
(1) There shall be a Parliament of Uganda.
(2) The composition and functions of Parliament shall be as
prescribed by this Constitution.
(3) The term of Parliament shall be five years from the date of its first
sitting after a general election.
(4) Where there exists a state of war or a state of emergency which
would prevent a normal general election from being held, Parliament may, by
resolution supported by not less than two-thirds of all members of Parliament,
extend the life of Parliament for a period not exceeding six months at a time.
78. Composition of Parliament.
(1) Parliament shall consist of—
(a) members directly elected to represent constituencies;
(b) one woman representative for every district;
(c) such numbers of representatives of the army, youth, workers,
persons with disabilities and other groups as Parliament may
determine; and
(d) the Vice President and Ministers, who, if not already elected
members of Parliament, shall be ex officio members of
Parliament without the right to vote on any issue requiring a vote
in Parliament.
(2) Upon the expiration of a period of ten years after the
commencement of this Constitution and thereafter, every five years,
Parliament shall review the representation under clause (1)(b) and (c) of this
article for the purposes of retaining, increasing or abolishing any such
representation and any other matter incidental to it.
(3) The representatives referred to in clause (1)(a) of this article shall
be elected on the basis of universal adult suffrage and by secret ballot.
(4) Parliament shall, by law, prescribe the procedure for elections of
representatives referred to in clause (1)(b) and (c) of this article.
79. Functions of Parliament.
(1) Subject to the provisions of this Constitution, Parliament shall
have power to make laws on any matter for the peace, order, development
and good governance of Uganda.
(2) Except as provided in this Constitution, no person or body other
than Parliament shall have power to make provisions having the force of law
in Uganda except under authority conferred by an Act of Parliament.
(3) Parliament shall protect this Constitution and promote the
democratic governance of Uganda.
80. Qualifications and disqualifications of members of Parliament.
(1) A person is qualified to be a member of Parliament if that
person—
(a) is a citizen of Uganda;
(b) is a registered voter; and
(c) has completed a minimum formal education of Advanced Level
standard or its equivalent.
(2) A person is not qualified for election as a member of Parliament
if that person—
(a) is of unsound mind;
(b) is holding or acting in an office the functions of which involve a
responsibility for or in connection with the conduct of an
election;
(c) is a traditional or cultural leader as defined in article 246(6) of
this Constitution;
(d) has been adjudged or otherwise declared bankrupt under any law
in force in Uganda and has not been discharged; or
(e) is under a sentence of death or a sentence of imprisonment
exceeding nine months imposed by any competent court without
the option of a fine.
(3) A person elected to Parliament when he or she is a member of a
local government council or holds a public office shall resign the office
before assuming the office of member of Parliament.
81. Election of members of Parliament.
(1) A general election of members of Parliament shall be held within
thirty days before the expiration of the term of Parliament.
(2) Whenever a vacancy exists in Parliament, the Clerk to Parliament
shall notify the Electoral Commission in writing within ten days after the
vacancy has occurred; and a by-election shall be held within sixty days after
the vacancy has occurred.
(3) Notwithstanding clause (2) of this article, a by-election shall not
be held within six months before the holding of a general election of
Parliament.
(4) Every person elected to Parliament shall take and subscribe the
oath of allegiance and the oath of member of Parliament specified in the
Fourth Schedule to this Constitution.
(5) Except for the purpose of taking the oaths referred to in clause (4)
of this article, no person shall sit or vote in Parliament before taking and
subscribing the oaths.
82. Speaker and Deputy Speaker of Parliament.
(1) There shall be a Speaker and Deputy Speaker of Parliament.
(2) The Speaker and Deputy Speaker shall be elected by members of
Parliament from among their number.
(3) A person shall not be qualified to be elected a Speaker or Deputy
Speaker if he or she is a Vice President or a Minister.
(4) Subject to article 81(4) of this Constitution, no business shall be
transacted in Parliament other than an election to the office of Speaker at any
time that office is vacant.
(5) The Chief Justice or a judge designated by the Chief Justice shall
preside at an election of a Speaker, and the Speaker shall preside at an
election of the Deputy Speaker.
(6) An election to the office of Deputy Speaker shall be held at the
first sitting of Parliament after that office becomes vacant.
(7) The Speaker or Deputy Speaker shall vacate his or her office—
(a) if he or she is appointed to any public office;
(b) if he or she becomes a Minister;
(c) if he or she resigns his or her office by writing signed by him or
her addressed to the Clerk to Parliament;
(d) if he or she ceases to be a member of Parliament; or
(e) if he or she is removed by resolution of Parliament supported by
not less than two-thirds of all members of Parliament.
(8) The Speaker and Deputy Speaker shall receive such salaries,
allowances and gratuities as may be prescribed by Parliament.
(9) The salaries, allowances and gratuities of the Speaker and Deputy
Speaker shall be charged on the Consolidated Fund.
(10) The Speaker and Deputy Speaker shall each, before assuming the
duties of office, take and subscribe the oath of Speaker or Deputy Speaker
specified in the Fourth Schedule to this Constitution.
83. Tenure of office of members of Parliament.
(1) A member of Parliament shall vacate his or her seat in
Parliament—
(a) if he or she resigns his or her office in writing signed by him or
her and addressed to the Speaker;
(b) if such circumstances arise that if that person were not a member
of Parliament would cause that person to be disqualified for
election as a member of Parliament under article 80 of this
Constitution;
(c) subject to the provisions of this Constitution, upon dissolution of
Parliament;
(d) if that person is absent from fifteen sittings of Parliament without
permission in writing of the Speaker during any period when
Parliament is continuously meeting and is unable to offer
satisfactory explanation to the relevant parliamentary committee
for his or her absence;
(e) if that person is found guilty by the appropriate tribunal of
violation of the Leadership Code of Conduct and the punishment
imposed is or includes the vacation of the office of a member of
Parliament;
(f) if recalled by the electorate in his or her constituency in
accordance with this Constitution;
(g) if that person leaves the political party for which he or she stood
as a candidate for election to Parliament to join another party or
to remain in Parliament as an independent member;
(h) if, having been elected to Parliament as an independent candidate,
that person joins a political party;
(i) if that person is appointed a public officer.
(2) Notwithstanding clause (1)(g) and (h) of this article, membership
of a coalition government of which his or her original political party forms
part shall not affect the status of any member of Parliament.
(3) The provisions of clauses (1)(g) and (h) and (2) of this article shall
only apply during any period when the multiparty system of government is
in operation.
84. Right of recall.
(1) Subject to the provisions of this article, the electorate of any
constituency and of any interest group referred to in article 78 of this
Constitution have the right to recall their member of Parliament before the
expiry of the term of Parliament.
(2) A member of Parliament may be recalled from that office on any
of the following grounds—
(a) physical or mental incapacity rendering that member incapable of
performing the functions of the office;
(b) misconduct or misbehaviour likely to bring hatred, ridicule,
contempt or disrepute to the office; or
(c) persistent deserting of the electorate without reasonable cause.
(3) The recall of a member of Parliament shall be initiated by a
petition in writing setting out the grounds relied on and signed by at least
two-thirds of the registered voters of the constituency or of the interest group
referred to in clause (l) of this article, and shall be delivered to the Speaker.
(4) On receipt of the petition referred to in clause (3) of this article,
the Speaker shall, within seven days require the Electoral Commission to
conduct a public inquiry into the matters alleged in the petition and the
Electoral Commission shall expeditiously conduct the necessary inquiry and
report its findings to the Speaker.
(5) The Speaker shall—
(a) declare the seat vacant, if the Electoral Commission reports that
it is satisfied from the inquiry, with the genuineness of the
petition; or
(b) declare immediately that the petition was unjustified, if the
commission reports that it is not satisfied with the genuineness of
the petition.
(6) Subject to the provisions of clauses (2), (3), (4) and (5) of this
article, Parliament shall, by law prescribe the procedure to be followed for the
recall of a member of Parliament.
85. Emoluments of members of Parliament.
(1) A member of Parliament shall be paid such emoluments and such
gratuity and shall be provided with such facilities as may be determined by
Parliament.
(2) A member of Parliament shall not hold any office of profit or
emolument likely to compromise his or her office.
86. Determination of questions of membership.
(1) The High Court shall have jurisdiction to hear and determine any
question whether—
(a) a person has been validly elected a member of Parliament or the
seat of a member of Parliament has become vacant; or
(b) a person has been validly elected as Speaker or Deputy Speaker
or having been so elected, has vacated that office.
(2) A person aggrieved by the determination of the High Court under
this article may appeal to the Court of Appeal.
(3) Parliament shall, by law make provision with respect to—
(a) the persons eligible to apply to the High Court for determination
of any question under this article; and
(b) the circumstances and manner in which and the conditions upon
which any such application may be made.
87. Clerk to Parliament and other staff.
There shall be a public officer designated Clerk to Parliament appointed by
the President in consultation with the Public Service Commission and such
other members of staff as may be necessary for the efficient discharge of the
functions of Parliament.
Procedure of Parliament.
88. Quorum of Parliament.
(1) The quorum of Parliament shall be one-third of all members of
Parliament entitled to vote.
(2) The quorum prescribed by clause (1) of this article shall only be
required at a time when Parliament is voting on any question.
(3) Rules of procedure of Parliament shall prescribe the quorum of
Parliament for the conduct of business of Parliament other than for voting.
89. Voting in Parliament.
(1) Except as otherwise prescribed by this Constitution or any law
consistent with this Constitution, any question proposed for decision of
Parliament shall be determined by a majority of votes of the members present
and voting in a manner prescribed by rules of procedure made by Parliament
under article 94 of this Constitution.
(2) The person presiding in Parliament shall have neither an original
nor a casting vote and if on any question before Parliament the votes are
equally divided, the motion shall be lost.
90. Committees of Parliament.
(1) Parliament shall appoint standing committees and other
committees necessary for the efficient discharge of its functions.
(2) The committees of Parliament shall include sessional committees
and a committee of the whole house.
(3) Rules of procedure of Parliament shall prescribe the composition
and functions of committees of Parliament.
(4) In the exercise of their functions under this article, committees of
Parliament—
(a) may call any Minister or any person holding public office and
private individuals to submit memoranda or appear before them
to give evidence;
(b) may co-opt any member of Parliament or employ qualified
persons to assist them in the discharge of their functions;
(c) shall have the powers of the High Court for—
(i) enforcing the attendance of witnesses and examining them
on oath, affirmation or otherwise;
(ii) compelling the production of documents; and
(iii) issuing a commission or request to examine witnesses
abroad.
91. Exercise of legislative powers.
(1) Subject to the provisions of this Constitution, the power of
Parliament to make laws shall be exercised through bills passed by
Parliament and assented to by the President.
(2) A bill passed by Parliament shall, as soon as possible, be
presented to the President for assent.
(3) The President shall, within thirty days after a bill is presented to
him or her—
(a) assent to the bill;
(b) return the bill to Parliament with a request that the bill or a
particular provision of it be reconsidered by Parliament; or
(c) notify the Speaker in writing that he or she refuses to assent to the
bill.
(4) Where a bill has been returned to Parliament under clause (3)(b)
of this article, Parliament shall reconsider it and if passed again, it shall be
presented for a second time to the President for assent.
(5) Where the President returns the same bill twice under clause
(3)(b) of this article and the bill is passed for the third time, with the support
of at least two-thirds of all members of Parliament, the Speaker shall cause
a copy of the bill to be laid before Parliament, and the bill shall become law
without the assent of the President.
(6) Where the President—
(a) refuses to assent to a bill under clause (3)(c) of this article,
Parliament may reconsider the bill and if passed, the bill shall be
presented to the President for assent;
(b) refuses to assent to a bill which has been reconsidered and passed
under paragraph (a) or clause (4) of this article, the Speaker shall,
upon the refusal, if the bill was so passed with the support of at
least two-thirds of all members of Parliament, cause a copy of the
bill to be laid before Parliament, and the bill shall become law
without the assent of the President.
(7) Where the President fails to do any of the acts specified in clause
(3) of this article within the period prescribed in that clause, the President
shall be taken to have assented to the bill and at the expiration of that period,
the Speaker shall cause a copy of the bill to be laid before Parliament and the
bill shall become law without the assent of the President.
(8) A bill passed by Parliament and assented to by the President or
which has otherwise become law under this article shall be an Act of
Parliament and shall be published in the Gazette.
92. Restriction on retrospective legislation.
Parliament shall not pass any law to alter the decision or judgment of any
court as between the parties to the decision or judgment.
93. Restriction on financial matters.
Parliament shall not, unless the bill or the motion is introduced on behalf of
the Government—
(a) proceed upon a bill, including an amendment bill, that makes
provision for any of the following—
(i) the imposition of taxation or the alteration of taxation
otherwise than by reduction;
(ii) the imposition of a charge on the Consolidated Fund or
other public fund of Uganda or the alteration of any such
charge otherwise than by reduction;
(iii) the payment, issue or withdrawal from the Consolidated
Fund or other public fund of Uganda of any monies not
charged on that fund or any increase in the amount of that
payment, issue or withdrawal; or
(iv) the composition or remission of any debt due to the
Government of Uganda; or
(b) proceed upon a motion, including an amendment to a motion, the
effect of which would be to make provision for any of the
purposes specified in paragraph (a) of this article.
94. Rules of procedure in Parliament.
(1) Subject to the provisions of this Constitution, Parliament may
make rules to regulate its own procedure, including the procedure of its
committees.
(2) Parliament may act notwithstanding a vacancy in its membership.
(3) The presence or the participation of a person not entitled to be
present or to participate in the proceedings of Parliament shall not, by itself,
invalidate those proceedings.
(4) The rules of procedure of Parliament shall include the following
provisions—
(a) the Speaker shall determine the order of business in Parliament
and shall give priority to Government business;
(b) a member of Parliament has the right to move a private member’s
bill;
(c) the member moving the private member’s bill shall be afforded
reasonable assistance by the department of Government whose
area of operation is affected by the bill; and
(d) the office of the Attorney General shall afford the member
moving the private member’s bill professional assistance in the
drafting of the bill.
95. Sessions of Parliament.
(1) Where a new Parliament is elected, the President shall, by
proclamation, appoint the place and a date not beyond seven days after the
expiry of the term of Parliament or of the extended period, as the case may
be, for the first sitting of the new Parliament.
(2) A session of Parliament shall be held at such place within Uganda
and shall commence at such time as the Speaker may, by proclamation,
appoint.
(3) The Speaker may, after consultation with the President, prorogue
Parliament by proclamation.
(4) A session of Parliament shall be held at least once a year but the
period between one session and the next following session shall be less than
twelve months.
(5) Notwithstanding any other provision of this article, at least
one-third of all members of Parliament may, in writing signed by them,
request a meeting of Parliament; and the Speaker shall summon Parliament
to meet within twenty-one days after receipt of the request.
96. Dissolution of Parliament.
Parliament shall stand dissolved upon the expiration of its term as prescribed
by article 77 of this Constitution.
General.
97. Parliamentary immunities and privileges.
(1) The Speaker, the Deputy Speaker, members of Parliament and any
other person participating or assisting in or acting in connection with or
reporting the proceedings of Parliament or any of its committees shall be
entitled to such immunities and privileges as Parliament shall by law
prescribe.
(2) Notwithstanding article 41 of this Constitution, no member or
officer of Parliament and no person employed to take minutes of evidence
before Parliament or any committee of Parliament shall give evidence
elsewhere in respect of the contents of such minutes of evidence or the
contents of any document laid before Parliament or any such committee, as
the case may be, or in respect of any proceedings or examination held before
Parliament or such committee, without the special leave of Parliament first
obtained.
(3) The special leave referred to in clause (2) of this article may,
during a recess or adjournment of Parliament, be given by the Speaker or in
the absence or incapacity of the Speaker or during a dissolution of
Parliament, by the Clerk to Parliament.
Chapter Seven
The Executive.
The President.
98. President of Uganda.
(1) There shall be a President of Uganda who shall be the Head of
State, Head of Government and Commander-in-Chief of the Uganda Peoples’
Defence Forces and the Fountain of Honour.
(2) The President shall take precedence over all persons in Uganda,
and in descending order, the Vice President, the Speaker and the Chief Justice
shall take precedence over all other persons in Uganda.
(3) Before assuming the duties of the office of President, a person
elected President shall take and subscribe the oath of allegiance and the
presidential oath specified in the Fourth Schedule to this Constitution.
(4) While holding office, the President shall not be liable to
proceedings in any court.
(5) Civil or criminal proceedings may be instituted against a person
after ceasing to be President, in respect of anything done or omitted to be
done in his or her personal capacity before or during the term of office of that
person; and any period of limitation in respect of any such proceedings shall
not be taken to run during the period while that person was President.
99. Executive authority of Uganda.
(1) The executive authority of Uganda is vested in the President and
shall be exercised in accordance with this Constitution and the laws of
Uganda.
(2) The President shall execute and maintain this Constitution and all
laws made under or continued in force by this Constitution.
(3) It shall be the duty of the President to abide by, uphold and
safeguard this Constitution and the laws of Uganda and to promote the
welfare of the citizens and protect the territorial integrity of Uganda.
(4) Subject to the provisions of this Constitution, the functions
conferred on the President by clause (1) of this article may be exercised by
the President either directly or through officers subordinate to the President.
(5) A statutory instrument or other instrument issued by the President
or any person authorised by the President may be authenticated by the
signature of a Minister; and the validity of any instrument so authenticated
shall not be called in question on the ground that it is not made, issued or
executed by the President.
100. Notification of the absence of the President from Uganda.
The President shall, whenever leaving Uganda, notify in writing the Vice
President, the Speaker and the Chief Justice.
101. Presidential addresses.
(1) The President shall, at the beginning of each session of
Parliament, deliver to Parliament an address on the state of the nation.
(2) The President may, also, in consultation with the Speaker, address
Parliament from time to time, on any matter of national importance.
102. Qualifications of the President.
A person is not qualified for election as President unless that person is—
(a) a citizen of Uganda by birth;
(b) not less than thirty-five years and not more than seventy-five
years of age; and
(c) a person qualified to be a member of Parliament.
103. Election of the President.
(1) The election of the President shall be by universal adult suffrage
through a secret ballot.
(2) A person shall not be a candidate in a presidential election
unless—
(a) that person submits to the Electoral Commission on or before the
day appointed as nomination day in relation to the election, a
document which is signed by that person nominating him or her
as a candidate; and
(b) the nomination is supported by one hundred voters in each of at
least two-thirds of all the districts in Uganda.
(3) The election of the President shall be held during the first thirty
days of the last ninety days before the expiration of the term of the President,
except in the case of—
(a) the first election under this Constitution;
(b) an election held under article 104(6) of this Constitution;
(c) an election held under article 109(2) of this Constitution; and
(d) an election necessitated by the fact that a normal presidential
election could not be held as a result of the existence of a state of
war or a state of emergency, in which case, the election shall be
held within such period as Parliament may, by law, prescribe.
(4) A candidate shall not be declared elected as President unless the
number of votes cast in favour of that candidate at the presidential election
is more than 50 percent of valid votes cast at the election.
(5) Where at a presidential election no candidate obtains the
percentage of votes specified in clause (4) of this article, a second election
shall be held within thirty days after the declaration of the results in which
election the two candidates who obtained the highest number of votes shall
be the only candidates.
(6) The candidate who obtains the highest number of votes in an
election under clause (5) of this article shall be declared elected President.
(7) The Electoral Commission shall ascertain, publish and declare in
writing under its seal, the results of the presidential election within forty-eight
hours from the close of polling.
(8) A person elected President during the term of a President shall
assume office within twenty-four hours after the expiration of the term of the
predecessor and in any other case, within twenty-four hours after being
declared elected as President.
(9) Subject to the provisions of this Constitution, Parliament shall by
law, prescribe the procedure for the election and assumption of office by a
President.
104. Challenging a presidential election.
(1) Subject to the provisions of this article, any aggrieved candidate
may petition the Supreme Court for an order that a candidate declared by the
Electoral Commission elected as President was not validly elected.
(2) A petition under clause (1) of this article shall be lodged in the
Supreme Court registry within ten days after the declaration of the election
results.
(3) The Supreme Court shall inquire into and determine the petition
expeditiously and shall declare its findings not later than thirty days from the
date the petition is filed.
(4) Where no petition is filed within the time prescribed under clause
(2) of this article, or where a petition having been filed, is dismissed by the
Supreme Court, the candidate declared elected shall conclusively be taken to
have been duly elected as President.
(5) After due inquiry under clause (3) of this article, the Supreme
Court may—
(a) dismiss the petition;
(b) declare which candidate was validly elected; or
(c) annul the election.
(6) Where an election is annulled, a fresh election shall be held within
twenty days from the date of the annulment.
(7) If after a fresh election held under clause (6) of this article there
is another petition which succeeds, then the presidential election shall be
postponed; and upon the expiry of the term of the incumbent President, the
Speaker shall perform the functions of the office of President until a new
President is elected and assumes office.
(8) For the purposes of this article, article 98(4) of this Constitution
shall not apply.
(9) Parliament shall make such laws as may be necessary for the
purposes of this article, including laws for grounds of annulment and rules of
procedure.
105. Tenure of office of a President.
(1) A person elected President under this Constitution shall, subject
to clause (3) of this article, hold office for a term of five years.
(2) A person shall not be elected under this Constitution to hold
office as President for more than two terms as prescribed by this article.
(3) The office of President shall become vacant—
(a) on the expiration of the period specified in this article; or
(b) if the incumbent dies or resigns or ceases to hold office under
article 107 of this Constitution.
(4) The President may, by writing signed by him or her, and
addressed to the Chief Justice, resign from office as President.
(5) The resignation of the President shall take effect when it is
received by the Chief Justice.
(6) The Chief Justice shall, immediately upon receiving the
resignation of the President under this article, notify the Vice President, the
Speaker and the Electoral Commission of the resignation.
106. Terms and conditions of service of the President.
(1) The President shall be paid a salary and allowances and afforded
such other benefits as Parliament shall by law provide.
(2) Parliament shall, by law, make provision for the grant of benefits
for a President who ceases to hold office otherwise than by being removed
under article 107(1)(a) or (b) of this Constitution.
(3) The salary, allowances and other benefits granted to a President
under this article shall be charged on the Consolidated Fund.
(4) The President is exempted from direct personal taxation on
allowances and other benefits except on the official salary.
(5) The President shall not hold any other public office other than
those conferred by this Constitution or any office of profit or emolument
likely to compromise the office of President.
(6) The salary, allowances and other benefits granted to the President
under this article shall not be varied to the disadvantage of the President
while he or she holds office.
(7) The retirement benefits granted to a President under this article
shall not be varied to the disadvantage of the President.
107. Removal of the President.
(1) The President may be removed from office in accordance with
this article on any of the following grounds—
(a) abuse of office or wilful violation of the oath of allegiance and
the presidential oath or any provision of this Constitution;
(b) misconduct or misbehaviour—
(i) that he or she has conducted himself or herself in a manner
which brings or is likely to bring the office of President into
hatred, ridicule, contempt or disrepute; or
(ii) that he or she has dishonestly done any act or omission
which is prejudicial or inimical to the economy or security
of Uganda; or
(c) physical or mental incapacity, namely that he or she is incapable
of performing the functions of his or her office by reason of
physical or mental incapacity.
(2) For the purpose of removal of the President under clause (1)(a) or
(b) of this article, a notice in writing signed by not less than one-third of all
the members of Parliament shall be submitted to the Speaker—
(a) stating that they intend to move a motion for a resolution in
Parliament for the removal of the President on the charge that the
President has—
(i) wilfully abused his or her office or wilfully violated the
oath of allegiance and the presidential oath or any other
provision of this Constitution in terms of clause (1)(a) of
this article; or
(ii) misconducted himself or herself or misbehaved in terms of
clause (1)(b) of this article; and
(b) setting out the particulars of the charge supported by the
necessary documents on which it is claimed that the conduct of
the President be investigated for the purposes of his or her
removal.
(3) The Speaker shall, within twenty-four hours after receipt of the
notice referred to in clause (2) of this article, cause a copy to be transmitted
to the President and the Chief Justice.
(4) The Chief Justice shall, within seven days after receipt of the
notice transmitted under clause (3) of this article, constitute a tribunal
comprising three justices of the Supreme Court to investigate the allegation
in the notice and to report its findings to Parliament stating whether or not
there is a prima facie case for the removal of the President.
(5) The President is entitled to appear at the proceedings of the
tribunal and to be represented there by a lawyer or other expert or person of
his or her choice.
(6) If the tribunal determines that there is a prima facie case for the
removal of the President under clause (1)(a) or (b) of this article, then if
Parliament passes the resolution supported by the votes of not less than
two-thirds of all members of Parliament, the President shall cease to hold
office.
(7) For the purposes of the removal of the President on grounds of
physical or mental incapacity under clause (1)(c) of this article, there shall be
submitted to the Speaker a notice in writing signed by not less than one-third
of all the members of Parliament—
(a) stating that they intend to move a motion for a resolution in
Parliament for the removal of the President from office on
grounds of physical or mental incapacity; and
(b) giving particulars of the alleged incapacity.
(8) The Speaker shall, within twenty-four hours after receipt of a
notice under clause (7) of this article, cause a copy to be transmitted to the
President and the Chief Justice.
(9) The Chief Justice shall, within seven days after receipt of the
notice transmitted under clause (8) of this article and in consultation with the
professional head of the medical services in Uganda, constitute a medical
board comprising five qualified and eminent medical specialists to examine
the President in respect of the alleged incapacity and to report its findings to
Parliament.
(10) The Chief Justice shall, within twenty-four hours after
constituting the medical board, inform the President accordingly, and the
President shall submit himself or herself to the medical board for examination
within seven days.
(11) If the medical board determines that the President is by reason of
physical or mental incapacity unable to perform the functions of the office of
President, and Parliament passes the resolution for the removal of the
President supported by the votes of not less than two-thirds of all the
members of Parliament, the President shall cease to hold office.
(12) If the medical board, after the expiration of the period of seven
days referred to in clause (10) of this article, reports that the President has
failed or refused to submit to the medical board in accordance with that
clause, and Parliament passes the resolution for the removal of the President
supported by the votes of not less than two-thirds of all the members of
Parliament, the President shall cease to hold office.
(13) The motion for a resolution for the removal of the President shall
be moved in Parliament within fourteen days after the receipt by the Speaker
of the report of the tribunal or the medical board.
(14) The President is entitled to appear in person and be heard and to
be assisted or represented by a lawyer or other expert or person of his or her
choice during the proceedings of Parliament relating to the motion for a
resolution under this article.
108. Vice President.
(1) There shall be a Vice President of Uganda.
(2) The President shall, with the approval of Parliament by a simple
majority, appoint a Vice President.
(3) The Vice President shall—
(a) deputise for the President as and when the need arises; and
(b) perform such other functions as may be assigned to him or her by
the President, or as may be conferred on him or her by this
Constitution.
(4) The qualifications prescribed for the office of President by article
102 of this Constitution shall apply to the office of Vice President.
(5) The office of Vice President shall become vacant if—
(a) the appointment is revoked by the President; or
(b) the incumbent resigns or dies.
(6) With the exception of clause (2) of that article, article 106 of this
Constitution shall, subject to this Constitution, apply to the Vice President.
(7) Where the office of Vice President becomes vacant, the President
shall, with the approval of Parliament, and as soon as possible but in any case
not later than fourteen days, appoint a person qualified to hold the office of
Vice President.
(8) The Vice President shall, before commencing to perform the
functions of Vice President, take and subscribe the oath of allegiance and the
oath of Vice President, specified in the Fourth Schedule to this Constitution.
109. Absence of the President.
(1) If the President dies, resigns or is removed from office under this
Constitution, the Vice President shall assume the office of President until
fresh elections are held and the elected President assumes office in
accordance with article 103(8) of this Constitution.
(2) Elections for the President under this article shall be held within
six months after the death, resignation or removal of the President.
(3) No elections shall be held under this article if the residual term of
the President is one year or less.
(4) Whenever the President is for any reason unable to perform the
functions of the office of President, the Vice President shall perform those
functions until the President is able again to perform those functions.
(5) Where the President and the Vice President are both unable to
perform the functions of the office of the President, the Speaker shall perform
those functions until the President or the Vice President is able to perform
those functions or until a new President assumes office.
(6) The Vice President shall, before assuming the duties of the office
of President under clause (1) of this article, appoint a person to the office of
Vice President, subject to the approval of Parliament.
(7) A person appointed under clause (6) of this article, shall, before
assuming the duties of the office of Vice President take and subscribe the
oaths in respect of that office under article 108(7) of this Constitution.
(8) Before assuming the duties of the office of President under clause
(5) of this article, the Speaker shall take and subscribe the oaths specified in
relation to that office in the Fourth Schedule to this Constitution.
(9) Whenever the Speaker assumes the office of President as a result
of the death, resignation or removal of the President and the Vice President,
or under the provisions of article 104(7) of this Constitution, a presidential
election shall be held in accordance with clause (2) of this article.
110. State of emergency.
(1) The President may, in consultation with the Cabinet, by
proclamation, declare that a state of emergency exists in Uganda, or any part
of Uganda if the President is satisfied that circumstances exist in Uganda or
in that part of Uganda—
(a) in which Uganda or that part of it is threatened by war or external
aggression;
(b) in which the security or the economic life of the country or that
part is threatened by internal insurgency or natural disaster; or
(c) which render necessary the taking of measures which are required
for securing the public safety, the defence of Uganda and the
maintenance of public order and supplies and services essential
to the life of the community.
(2) Subject to the provisions of this article, a state of emergency
declared under clause (1) of this article shall remain in existence for not more
than ninety days and shall then expire.
(3) The President shall cause the proclamation declaring the state of
emergency to be laid before Parliament for approval as soon as practicable
and in any case not later than fourteen days after it was issued.
(4) A state of emergency may be extended by Parliament for a period
not exceeding ninety days at a time.
(5) The President or Parliament shall, if satisfied that the
circumstances for the declaration of the state of emergency have ceased to
exist, revoke the proclamation by which the state of emergency was declared.
(6) During any period when a state of emergency declared under this
article exists, the President shall submit to Parliament at such intervals as
Parliament may prescribe, regular reports on actions taken by or on behalf of
the President for the purposes of the emergency.
(7) Subject to the provisions of this Constitution, Parliament shall
enact such laws as may be necessary for enabling effective measures to be
taken for dealing with any state of emergency that may be declared under this
article.
(8) Any resolution passed by Parliament for the purposes of clause (4)
or (5) of this article shall be supported by the votes of more than one-half of
all the members of Parliament.
The Cabinet.
111. The Cabinet.
(1) There shall be a Cabinet which shall consist of the President, the
Vice President and such number of Ministers as may appear to the President
to be reasonably necessary for the efficient running of the State.
(2) The functions of the Cabinet shall be to determine, formulate and
implement the policy of the Government and to perform such other functions
as may be conferred by this Constitution or any other law.
(3) There shall be a Secretary to the Cabinet who shall be appointed
by the President in consultation with the Public Service Commission.
(4) The Secretary to the Cabinet shall have charge of the Cabinet
Office and shall be responsible in accordance with such instructions as may
be given to him or her by the President, for arranging the business for and
keeping the minutes of the Cabinet and for conveying the decisions of the
Cabinet to the appropriate person or authority and shall perform such other
functions as the President may direct.
(5) The Secretary to the Cabinet shall, before assuming the duties of
his or her office, take and subscribe the oath of allegiance and the oath of
Secretary to the Cabinet specified in the Fourth Schedule to this Constitution.
112. Meetings of the Cabinet.
(1) Cabinet meetings shall be summoned and presided over by the
President and in his or her absence, by the Vice President or in the absence
of both of them, by a Minister designated in writing by the President.
(2) The Cabinet shall regulate the procedure of its meetings.
113. Cabinet Ministers.
(1) Cabinet Ministers shall be appointed by the President with the
approval of Parliament from among members of Parliament or persons
qualified to be elected members of Parliament.
(2) The total number of Cabinet Ministers shall not exceed
twenty-one except with the approval of Parliament.
(3) A Cabinet Minister shall have responsibility for such functions of
Government as the President may, from time to time, assign to him or her.
(4) A Minister shall not hold any office of profit or emolument likely
to compromise his or her office.
114. Other Ministers.
(1) The President may, with the approval of Parliament, appoint other
Ministers to assist Cabinet Ministers in the performance of their functions.
(2) Subject to the provisions of this article, article 113(1) of this
Constitution shall apply to the appointment of Ministers under clause (1) of
this article.
(3) The total number of Ministers appointed under this article shall
not exceed twenty-one except with the approval of Parliament.
(4) A Minister referred to in this article shall have responsibility for
such functions of the Ministry to which he or she is appointed as the
President may, from time to time, assign to him or her, and in the absence of
the Cabinet Minister in his or her Ministry shall perform the functions of the
Cabinet Minister as the President directs.
(5) Article 113(4) of this Constitution applies to a Minister referred
to in clause (1) of this article.
115. Oath of Minister.
A Minister shall, before assuming the duties of office take and subscribe the
oath of allegiance and the oath of Minister specified in the Fourth Schedule
to this Constitution.
116. Vacation of office of Minister.
The office of a Minister shall become vacant—
(a) if the appointment of the holder of the office is revoked by the
President; or
(b) if the holder—
(i) resigns;
(ii) becomes disqualified to be a member of Parliament; or
(iii) dies.
117. Responsibility of Ministers.
Ministers shall individually be accountable to the President for the
administration of their Ministries and collectively be responsible for any
decision made by the Cabinet.
118. Vote of censure.
(1) Parliament may, by resolution supported by more than half of all
members of Parliament, pass a vote of censure against a Minister on any of
the following grounds—
(a) abuse of office or wilful violation of the oath of allegiance or oath
of office;
(b) misconduct or misbehaviour;
(c) physical or mental incapacity, namely, that he or she is incapable
of performing the functions of his or her office by reason of
physical or mental incapacity;
(d) mismanagement; or
(e) incompetence.
(2) Upon a vote of censure being passed against a Minister, the
President shall, unless the Minister resigns his or her office, take appropriate
action in the matter.
(3) Proceedings for censure of a Minister shall be initiated by a
petition to the President through the Speaker signed by not less than one-third
of all members of Parliament giving notice that they are dissatisfied with the
conduct or performance of the Minister and intend to move a motion for a
resolution of censure and setting out particulars of the grounds in support of
the motion.
(4) The President shall, upon receipt of the petition, cause a copy of
it to be given to the Minister in question.
(5) The motion for the resolution of censure shall not be debated until
the expiry of thirty days after the petition was sent to the President.
(6) A Minister in respect of whom a vote of censure is debated under
clause (5) of this article is entitled during the debate to be heard in his or her
defence.
119. Attorney General.
(1) There shall be an Attorney General who shall be a Cabinet
Minister appointed by the President with the approval of Parliament.
(2) A person shall not be qualified to be appointed Attorney General
unless he or she is qualified to practise as an advocate of the High Court and
has so practised or gained the necessary experience for not less than ten years.
(3) The Attorney General shall be the principal legal adviser of the
Government.
(4) The functions of the Attorney General shall include the
following—
(a) to give legal advice and legal services to the Government on any
subject;
(b) to draw and peruse agreements, contracts, treaties, conventions
and documents by whatever name called, to which the
Government is a party or in respect of which the Government has
an interest;
(c) to represent the Government in courts or any other legal
proceedings to which the Government is a party; and
(d) to perform such other functions as may be assigned to him or her
by the President or by law.
(5) Subject to the provisions of this Constitution, no agreement,
contract, treaty, convention or document by whatever name called, to which
the Government is a party or in respect of which the Government has an
interest, shall be concluded without legal advice from the Attorney General,
except in such cases and subject to such conditions as Parliament may by law
prescribe.
(6) Until Parliament makes the law referred to in clause (5) of this
article, the Attorney General may, by statutory instrument, exempt any
particular category of agreement or contract none of the parties to which is
a foreign government or its agency or an international organisation from the
application of that clause.
Director of Public Prosecutions.
120. Director of Public Prosecutions.
(1) There shall be a Director of Public Prosecutions appointed by the
President on the recommendation of the Public Service Commission and with
the approval of Parliament.
(2) A person is not qualified to be appointed Director of Public
Prosecutions unless he or she is qualified to be appointed a judge of the High
Court.
(3) The functions of the Director of Public Prosecutions are the
following—
(a) to direct the police to investigate any information of a criminal
nature and to report to him or her expeditiously;
(b) to institute criminal proceedings against any person or authority
in any court with competent jurisdiction other than a court
martial;
(c) to take over and continue any criminal proceedings instituted by
any other person or authority;
(d) to discontinue at any stage before judgment is delivered, any
criminal proceedings to which this article relates, instituted by
himself or herself or any other person or authority; except that the
Director of Public Prosecutions shall not discontinue any
proceedings commenced by another person or authority except
with the consent of the court.
(4) The functions conferred on the Director of Public Prosecutions
under clause (3) of this article—
(a) may, in the case of the functions under clause (3)(a), (b) and (c)
of this article, be exercised by him or her in person or by officers
authorised by him or her in accordance with general or specified
instructions; and
(b) shall, in the case of the functions under paragraph (d) of that
clause, be exercised by him or her exclusively.
(5) In exercising his or her powers under this article, the Director of
Public Prosecutions shall have regard to the public interest, the interest of the
administration of justice and the need to prevent abuse of legal process.
(6) In the exercise of the functions conferred on him or her by this
article, the Director of Public Prosecutions shall not be subject to the
direction or control of any person or authority.
(7) The Director of Public Prosecutions shall have the same terms and
conditions of service as those of a High Court judge.
Prerogative of mercy.
121. Prerogative of mercy.
(1) There shall be an Advisory Committee on the Prerogative of
Mercy which shall consist of—
(a) the Attorney General who shall be the chairperson; and
(b) six prominent citizens of Uganda appointed by the President.
(2) A person shall not be qualified for appointment as a member of
the committee if he or she is a member of Parliament, the Uganda Law
Society or a district council.
(3) A member appointed under clause (1)(b) of this article shall serve
for a period of four years and shall cease to be a member of the committee—
(a) if circumstances arise that would disqualify him or her from
appointment; or
(b) if removed by the President for inability to perform the functions
of his or her office arising from infirmity of body or mind or for
misbehaviour, misconduct or incompetence.
(4) The President may, on the advice of the committee—
(a) grant to any person convicted of an offence a pardon either free
or subject to lawful conditions;
(b) grant to a person a respite, either indefinite or for a specified
period, from the execution of punishment imposed on him or her
for an offence;
(c) substitute a less severe form of punishment for a punishment
imposed on a person for an offence; or
(d) remit the whole or part of a punishment imposed on a person or
of a penalty or forfeiture otherwise due to Government on
account of any offence.
(5) Where a person is sentenced to death for an offence, a written
report of the case from the trial judge or judges or person presiding over the
court or tribunal, together with such other information derived from the
record of the case or elsewhere as may be necessary, shall be submitted to the
Advisory Committee on the Prerogative of Mercy.
(6) A reference in this article to conviction or imposition of a
punishment, sentence or forfeiture includes conviction or imposition of a
punishment, penalty, sentence or forfeiture by a court martial or other military
tribunal except a field court martial.
International relations.
122. Diplomatic representation.
(1) The President may, with the approval of Parliament, appoint
ambassadors and heads of diplomatic missions.
(2) The President may receive envoys accredited to Uganda.
123. Execution of treaties, conventions and agreements.
(1) The President or a person authorised by the President may make
treaties, conventions, agreements or other arrangements between Uganda and
any other country or between Uganda and any international organisation or
body, in respect of any matter.
(2) Parliament shall make laws to govern ratification of treaties,
conventions, agreements or other arrangements made under clause (1) of this
article.
Declaration of a state of war.
124. Declaration of a state of war.
(1) The President may, with the approval of Parliament, given by
resolution supported by not less than two-thirds of all the members of
Parliament, declare that a state of war exists between Uganda and any other
country.
(2) Where it is impracticable to seek the approval of Parliament
before declaration of a state of war, the President may declare a state of war
without the approval but shall seek the approval immediately after the
declaration and in any case not later than seventy-two hours after the
declaration.
(3) Where the President makes the declaration of a state of war under
clause (2) when Parliament is in recess, the Speaker shall immediately
summon Parliament to an emergency session to sit within seventy-two hours
after the declaration of a state of war.
(4) The President may, with the approval of Parliament, given by
resolution, revoke a declaration of a state of war made under clause (1) or (2)
of this article.
National Planning Authority.
125. National Planning Authority.
There shall be a National Planning Authority whose composition and
functions shall be prescribed by Parliament.
Chapter Eight
The Judiciary.
Administration of justice.
126. Exercise of judicial power.
(1) Judicial power is derived from the people and shall be exercised
by the courts established under this Constitution in the name of the people
and in conformity with law and with the values, norms and aspirations of the
people.
(2) In adjudicating cases of both a civil and criminal nature, the courts
shall, subject to the law, apply the following principles—
(a) justice shall be done to all irrespective of their social or economic
status;
(b) justice shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) reconciliation between parties shall be promoted; and
(e) substantive justice shall be administered without undue regard to
technicalities.
127. Participation of the people in the administration of justice.
Parliament shall make law providing for participation of the people in the
administration of justice by the courts.
128. Independence of the judiciary.
(1) In the exercise of judicial power, the courts shall be independent
and shall not be subject to the control or direction of any person or authority.
(2) No person or authority shall interfere with the courts or judicial
officers in the exercise of their judicial functions.
(3) All organs and agencies of the State shall accord to the courts
such assistance as may be required to ensure the effectiveness of the courts.
(4) A person exercising judicial power shall not be liable to any
action or suit for any act or omission by that person in the exercise of judicial
power.
(5) The administrative expenses of the judiciary, including all
salaries, allowances, gratuities and pensions payable to or in respect of
persons serving in the judiciary, shall be charged on the Consolidated Fund.
(6) The judiciary shall be self-accounting and may deal directly with
the Ministry responsible for finance in relation to its finances.
(7) The salary, allowances, privileges and retirement benefits and
other conditions of service of a judicial officer or other person exercising
judicial power shall not be varied to his or her disadvantage.
(8) The office of the Chief Justice, Deputy Chief Justice, Principal
Judge, a justice of the Supreme Court, a justice of Appeal or a judge of the
High Court shall not be abolished when there is a substantive holder of that
office.
The courts of judicature.
129. The courts of judicature.
(1) The judicial power of Uganda shall be exercised by the courts of
judicature which shall consist of—
(a) the Supreme Court of Uganda;
(b) the Court of Appeal of Uganda;
(c) the High Court of Uganda; and
(d) such subordinate courts as Parliament may by law establish,
including qadhis’ courts for marriage, divorce, inheritance of
property and guardianship, as may be prescribed by Parliament.
(2) The Supreme Court, the Court of Appeal and the High Court of
Uganda shall be superior courts of record and shall each have all the powers
of such a court.
(3) Subject to the provisions of this Constitution, Parliament may
make provision for the jurisdiction and procedure of the courts.
The Supreme Court of Uganda.
130. Supreme Court of Uganda.
The Supreme Court shall consist of—
(a) the Chief Justice; and
(b) such number of justices of the Supreme Court, not being less than
six, as Parliament may by law prescribe.
131. Composition of the Supreme Court.
(1) The Supreme Court shall be duly constituted at any sitting if it
consists of an uneven number not being less than five members of the court.
(2) When hearing appeals from decisions of the Court of Appeal
sitting as a constitutional court, the Supreme Court shall consist of a full
bench of all members of the Supreme Court; and where any of them is not
able to attend, the President shall, for that purpose, appoint an acting justice
under article 142(2) of this Constitution.
(3) The Chief Justice shall preside at each sitting of the Supreme
Court, and in the absence of the Chief Justice, the most senior member of the
court as constituted shall preside.
132. Jurisdiction of the Supreme Court.
(1) The Supreme Court shall be the final court of appeal.
(2) An appeal shall lie to the Supreme Court from such decisions of
the Court of Appeal as may be prescribed by law.
(3) Any party aggrieved by a decision of the Court of Appeal sitting
as a constitutional court is entitled to appeal to the Supreme Court against the
decision; and accordingly, an appeal shall lie to the Supreme Court under
clause (2) of this article.
(4) The Supreme Court may, while treating its own previous
decisions as normally binding, depart from a previous decision when it
appears to it right to do so; and all other courts shall be bound to follow the
decisions of the Supreme Court on questions of law.
133. Administrative functions of the Chief Justice.
(1) The Chief Justice—
(a) shall be the head of the judiciary and shall be responsible for the
administration and supervision of all courts in Uganda; and
(b) may issue orders and directions to the courts necessary for the
proper and efficient administration of justice.
(2) Where the office of the Chief Justice is vacant or where the Chief
Justice is for any reason unable to perform the functions of his or her office,
then until a person has been appointed to and has assumed the functions of
that office or until the Chief Justice has resumed the performance of those
functions, those functions shall be performed by the Deputy Chief Justice.
The Court of Appeal of Uganda.
134. Court of Appeal of Uganda.
(1) The Court of Appeal of Uganda shall consist of—
(a) the Deputy Chief Justice; and
(b) such number of justices of Appeal not being less than seven as
Parliament may by law prescribe.
(2) An appeal shall lie to the Court of Appeal from such decisions of
the High Court as may be prescribed by law.
135. Composition of the Court of Appeal.
(1) The Court of Appeal shall be duly constituted at any sitting if it
consists of an uneven number not being less than three members of the court.
(2) The Deputy Chief Justice shall preside at each sitting of the court
and in the absence of the Deputy Chief Justice, the most senior member of
the court as constituted shall preside.
(3) The Chief Justice, in consultation with the Deputy Chief Justice,
may create divisions of the Court of Appeal as the Chief Justice may consider
necessary—
(a) consisting of such numbers of justices of Appeal as may be
assigned to them by the Chief Justice;
(b) sitting at such places in Uganda as the Chief Justice may, after
consultation with the Attorney General, by statutory order,
determine.
136. Administrative functions of the Deputy Chief Justice.
(1) Subject to the provisions of article 133 of this Constitution, the
Deputy Chief Justice shall—
(a) deputise for the Chief Justice as and when the need arises;
(b) be the head of the Court of Appeal and in that capacity assist the
Chief Justice in the administration of that court; and
(c) perform such other functions as may be delegated or assigned to
him or her by the Chief Justice.
(2) Where—
(a) the office of the Deputy Chief Justice is vacant;
(b) the Deputy Chief Justice is acting as Chief Justice; or
(c) the Deputy Chief Justice is for any reason unable to perform the
functions of his or her office,
then, until a person has been appointed to and has assumed the functions of
the office of the Deputy Chief Justice, those functions shall be performed by
a justice of the Supreme Court or a justice of Appeal designated by the
President, after consultation with the Chief Justice, or the acting Chief
Justice, as the case may be.
The constitutional court.
137. Questions as to the interpretation of the Constitution.
(1) Any question as to the interpretation of this Constitution shall be
determined by the Court of Appeal sitting as the constitutional court.
(2) When sitting as a constitutional court, the Court of Appeal shall
consist of a bench of five members of that court.
(3) A person who alleges that—
(a) an Act of Parliament or any other law or anything in or done
under the authority of any law; or
(b) any act or omission by any person or authority,
is inconsistent with or in contravention of a provision of this Constitution,
may petition the constitutional court for a declaration to that effect, and for
redress where appropriate.
(4) Where upon determination of the petition under clause (3) of this
article the constitutional court considers that there is need for redress in
addition to the declaration sought, the constitutional court may—
(a) grant an order of redress; or
(b) refer the matter to the High Court to investigate and determine the
appropriate redress.
(5) Where any question as to the interpretation of this Constitution
arises in any proceedings in a court of law other than a field court martial, the
court—
(a) may, if it is of the opinion that the question involves a substantial
question of law; and
(b) shall, if any party to the proceedings requests it to do so,
refer the question to the constitutional court for decision in accordance with
clause (1) of this article.
(6) Where any question is referred to the constitutional court under
clause (5) of this article, the constitutional court shall give its decision on the
question, and the court in which the question arises shall dispose of the case
in accordance with that decision.
(7) Upon a petition being made or a question being referred under this
article, the Court of Appeal shall proceed to hear and determine the petition
as soon as possible and may, for that purpose, suspend any other matter
pending before it.
The High Court of Uganda.
138. High Court of Uganda.
(1) The High Court of Uganda shall consist of—
(a) the Principal Judge; and
(b) such number of judges of the High Court as may be prescribed by
Parliament.
(2) The High Court shall sit in such places as the Chief Justice may,
in consultation with the Principal Judge, appoint; and in so doing, the Chief
Justice shall, as far as practicable, ensure that the High Court is accessible to
all the people.
139. Jurisdiction of the High Court.
(1) The High Court shall, subject to the provisions of this
Constitution, have unlimited original jurisdiction in all matters and such
appellate and other jurisdiction as may be conferred on it by this Constitution
or other law.
(2) Subject to the provisions of this Constitution and any other law,
the decisions of any court lower than the High Court shall be appealable to
the High Court.
140. Hearing of election cases.
(1) Where any question is before the High Court for determination
under article 86(1) of this Constitution, the High Court shall proceed to hear
and determine the question expeditiously and may, for that purpose, suspend
any other matter pending before it.
(2) This article shall apply in a similar manner to the Court of Appeal
and the Supreme Court when hearing and determining appeals on questions
referred to in clause (1) of this article.
141. Administrative functions of the Principal Judge.
(1) Subject to the provisions of article 133 of this Constitution, the
Principal Judge shall—
(a) be the head of the High Court, and shall, in that capacity, assist
the Chief Justice in the administration of the High Court and
subordinate courts; and
(b) perform such other functions as may be delegated or assigned to
him or her by the Chief Justice.
(2) Where—
(a) the office of Principal Judge is vacant; or
(b) the Principal Judge is for any reason unable to perform the
functions of his or her office,
then, until a person has been appointed to and has assumed the functions of
that office, or until the Principal Judge has resumed those functions, those
functions shall be performed by a judge of the High Court designated by the
President after consultation with the Chief Justice.
Appointments, qualifications and tenure of office of judicial officers.
142. Appointment of judicial officers.
(1) The Chief Justice, the Deputy Chief Justice, the Principal Judge,
a justice of the Supreme Court, a justice of Appeal and a judge of the High
Court shall be appointed by the President acting on the advice of the Judicial
Service Commission and with the approval of Parliament.
(2) Where—
(a) the office of a justice of the Supreme Court or a justice of Appeal
or a judge of the High Court is vacant;
(b) a justice of the Supreme Court or a justice of Appeal or a judge
of the High Court is for any reason unable to perform the
functions of his or her office; or
(c) the Chief Justice advises the Judicial Service Commission that
the state of business in the Supreme Court, Court of Appeal or the
High Court so requires,
the President may, acting on the advice of the Judicial Service Commission,
appoint a person qualified for appointment as a justice of the Supreme Court
or a Justice of Appeal or a judge of the High Court to act as such a justice or
judge even though that person has attained the age prescribed for retirement
in respect of that office.
(3) A person appointed under clause (2) of this article to act as a
justice of the Supreme Court, a justice of Appeal or a judge of the High Court
shall continue to act for the period of the appointment or, if no period is
specified, until the appointment is revoked by the President acting on the
advice of the Judicial Service Commission, whichever is the earlier.
143. Qualifications for appointment of judicial officers.
(1) A person shall be qualified for appointment as—
(a) Chief Justice, if he or she has served as a justice of the Supreme
Court of Uganda or of a court having similar jurisdiction or has
practised as an advocate for a period not less than twenty years
before a court having unlimited jurisdiction in civil and criminal
matters;
(b) Deputy Chief Justice or Principal Judge, if he or she has served
as a justice of the Supreme Court or as a justice of Appeal or as
a judge of the High Court or a court of similar jurisdiction to such
a court or has practised as an advocate for a period not less than
fifteen years before a court having unlimited jurisdiction in civil
and criminal matters;
(c) a justice of the Supreme Court if he or she has served as a justice
of Appeal or a judge of the High Court or a court of similar
jurisdiction to such a court or has practised as an advocate for a
period not less than fifteen years before a court having unlimited
jurisdiction in civil and criminal matters;
(d) a justice of Appeal, if he or she has served as a judge of the High
Court or a court having similar or higher jurisdiction or has
practised as an advocate for a period not less than ten years before
a court having unlimited jurisdiction in civil and criminal matters
or is a distinguished jurist and an advocate of not less than ten
years’ standing;
(e) a judge of the High Court, if he or she is or has been a judge of a
court having unlimited jurisdiction in civil and criminal matters
or a court having jurisdiction in appeals from any such court or
has practised as an advocate for a period not less than ten years
before a court having unlimited jurisdiction in civil and criminal
matters.
(2) Any period during which a person has practised as a public officer
holding an office for which qualification as an advocate is required shall be
counted in the calculation of any period of practice required under clause (1)
of this article even though that person does not have a practising certificate.
144. Tenure of office of judicial officers.
(1) A judicial officer may retire at any time after attaining the age of
sixty years, and shall vacate his or her office—
(a) in the case of the Chief Justice, the Deputy Chief Justice, a justice
of the Supreme Court and a justice of Appeal, on attaining the age
of seventy years; and
(b) in the case of the Principal Judge and a judge of the High Court,
on attaining the age of sixty-five years; or
(c) in each case, subject to article 128(7) this Constitution, on
attaining such other age as may be prescribed by Parliament by
law;
but a judicial officer may continue in office after attaining the age at which
he or she is required by this clause to vacate office, for a period not exceeding
three months necessary to enable him or her to complete any work pending
before him or her.
(2) A judicial officer may be removed from office only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence,
but only in accordance with the provisions of this article.
(3) The President shall remove a judicial officer if the question of his
or her removal has been referred to a tribunal appointed under clause (4) of
this article and the tribunal has recommended to the President that he or she
ought to be removed from office on any ground described in clause (2) of this
article.
(4) The question whether the removal of a judicial officer should be
investigated shall be referred to the President by either the Judicial Service
Commission or the Cabinet with advice that the President should appoint a
tribunal; and the President shall then appoint a tribunal consisting of—
(a) in the case of the Chief Justice, the Deputy Chief Justice or the
Principal Judge, five persons who are or have been justices of the
Supreme Court or are or have been judges of a court having
similar jurisdiction or who are advocates of at least twenty years’
standing;
(b) in the case of a justice of the Supreme Court or a justice of
Appeal, three persons who are or have been justices of the
Supreme Court or who are or have been judges of a court of
similar jurisdiction or who are advocates of at least fifteen years’
standing; or
(c) in the case of a judge of the High Court, three persons who are or
have held office as judges of a court having unlimited jurisdiction
in civil and criminal matters or a court having jurisdiction in
appeals from such a court or who are advocates of at least ten
years’ standing.
(5) If the question of removing a judicial officer is referred to a
tribunal under this article, the President shall suspend the judicial officer
from performing the functions of his or her office.
(6) A suspension under clause (5) of this article shall cease to have
effect if the tribunal advises the President that the judicial officer suspended
should not be removed.
(7) For the purposes of this article, “judicial officer” means the Chief
Justice, the Deputy Chief Justice, the Principal Judge, a justice of the
Supreme Court, a justice of Appeal or a judge of the High Court.
145. Registrars.
(1) There shall be in the judiciary the office of Chief Registrar and
such number of registrars as Parliament may by law prescribe.
(2) The Chief Registrar and a registrar shall be appointed by the
President on the advice of the Judicial Service Commission.
Judicial Service Commission.
146. Judicial Service Commission.
(1) There shall be a Judicial Service Commission.
(2) The Judicial Service Commission shall, subject to clause (3) of
this article, consist of the following persons who shall be appointed by the
President with the approval of Parliament—
(a) a chairperson and a deputy chairperson who shall be persons
qualified to be appointed as justices of the Supreme Court, other
than the Chief Justice, the Deputy Chief Justice and the Principal
Judge;
(b) one person nominated by the Public Service Commission;
(c) two advocates of not less than fifteen years’ standing nominated
by the Uganda Law Society;
(d) one judge of the Supreme Court nominated by the President in
consultation with the judges of the Supreme Court, the justices of
Appeal and judges of the High Court; and
(e) two members of the public, who shall not be lawyers, nominated
by the President.
(3) The Attorney General shall be an ex officio member of the
commission.
(4) The Chief Justice, the Deputy Chief Justice and Principal Judge
shall not be appointed to be chairperson, deputy chairperson or a member of
the Judicial Service Commission.
(5) A person is not qualified to be appointed a member of the Judicial
Service Commission unless the person is of high moral character and proven
integrity.
(6) The office of chairperson shall be full time, and a person shall not
engage in private legal practice while holding that office.
(7) Subject to the provisions of this article, a member of the Judicial
Service Commission shall vacate his or her office—
(a) at the expiration of four years from the date of his or her
appointment but is eligible for reappointment for one more term;
(b) if he or she is elected or appointed to any office determined by
Parliament to be likely to compromise the independence of the
Judicial Service Commission; or
(c) on being removed by the President; but the President may only
remove a member for inability to perform the functions of his or
her office arising from infirmity of body or mind or for
misbehaviour, misconduct or incompetence.
(8) There shall be a secretary to the Judicial Service Commission who
shall be appointed by the President on the advice of the Public Service
Commission.
147. Functions of the Judicial Service Commission.
(1) The functions of the Judicial Service Commission are—
(a) to advise the President in the exercise of the President’s power to
appoint persons to hold or act in any office specified in clause (3)
of this article, which includes power to confirm appointments, to
exercise disciplinary control over such persons and to remove
them from office;
(b) subject to the provisions of this Constitution, to review and make
recommendations on the terms and conditions of service of
judges and other judicial officers;
(c) to prepare and implement programmes for the education of, and
for the dissemination of information to judicial officers and the
public about law and the administration of justice;
(d) to receive and process people’s recommendations and complaints
concerning the judiciary and the administration of justice and,
generally, to act as a link between the people and the judiciary;
(e) to advise the Government on improving the administration of
justice; and
(f) any other function prescribed by this Constitution or by
Parliament.
(2) In the performance of its functions, the Judicial Service
Commission shall be independent and shall not be subject to the direction or
control of any person or authority.
(3) The offices referred to in clause (1)(a) of this article are—
(a) the office of the Chief Justice, the Deputy Chief Justice, the
Principal Judge, a justice of the Supreme Court, a justice of
Appeal and a judge of the High Court; and
(b) the office of the Chief Registrar and a registrar.
148. Appointment of other judicial officers.
Subject to the provisions of this Constitution, the Judicial Service
Commission may appoint persons to hold or act in any judicial office other
than the offices specified in article 147(3) of this Constitution and confirm
appointments in and exercise disciplinary control over persons holding or
acting in such offices and remove such persons from office.
149. Judicial oath.
Every judicial officer shall, before assuming the duties of his or her office,
take and subscribe the oath of allegiance and the judicial oath specified in the
Fourth Schedule to this Constitution.
150. Power to make laws relating to the judiciary.
(1) Subject to the provisions of this Constitution, Parliament may
make laws providing for the structures, procedures and functions of the
judiciary.
(2) Without prejudice to clause (1) of this article, Parliament may
make laws for regulating and facilitating the discharge by the President and
the Judicial Service Commission of their functions under this Chapter.
151. Interpretation.
In this Chapter, unless the context otherwise requires, “judicial officer”
means—
(a) a judge or any person who presides over a court or tribunal
howsoever described;
(b) the Chief Registrar or a registrar of a court;
(c) such other person holding any office connected with a court as
may be prescribed by law.
Chapter Nine
Finance.
General.
152. Taxation.
(1) No tax shall be imposed except under the authority of an Act of
Parliament.
(2) Where a law enacted under clause (1) of this article confers
powers on any person or authority to waive or vary a tax imposed by that law,
that person or authority shall report to Parliament periodically on the exercise
of those powers, as shall be determined by law.
(3) Parliament shall make laws to establish tax tribunals for the
purposes of settling tax disputes.
153. Consolidated Fund.
(1) There shall be a Consolidated Fund into which shall be paid all
revenues or other monies raised or received for the purpose of, or on behalf
of, or in trust for the Government.
(2) The revenues or other monies referred to in clause (1) of this
article shall not include revenues or other monies—
(a) that are payable by or under an Act of Parliament, into some other
fund established for a specific purpose; or
(b) that may, under an Act of Parliament, be retained by the
department of Government that received them for the purposes of
defraying the expenses of that department.
154. Withdrawal from the Consolidated Fund.
(1) No monies shall be withdrawn from the Consolidated Fund
except—
(a) to meet expenditure charged on the fund by this Constitution or
by an Act of Parliament; or
(b) where the issue of those monies has been authorised by an
Appropriation Act, a Supplementary Appropriation Act or as
provided under clause (4) of this article.
(2) No monies shall be withdrawn from any public fund of Uganda
other than the Consolidated Fund, unless the issue of those monies has been
authorised by law.
(3) No monies shall be withdrawn from the Consolidated Fund unless
the withdrawal has been approved by the Auditor General and in the manner
prescribed by Parliament.
(4) If the President is satisfied that the Appropriation Act in respect
of any financial year will not or has not come into operation by the beginning
of that financial year, the President may, subject to the provisions of this
article, authorise the issue of monies from the Consolidated Fund Account for
the purposes of meeting expenditure necessary to carry on the services of the
Government until the expiration of four months from the beginning of that
financial year or the coming into operation of the Appropriation Act,
whichever is the earlier.
(5) Any sum issued in any financial year from the Consolidated Fund
Account under clause (4) of this article in respect of any service of the
Government—
(a) shall not exceed the amount shown as required on account in
respect of that service in the vote on account approved by
Parliament by resolution for that financial year; and
(b) shall be set off against the amount provided in respect of that
service in the Appropriation Act for that financial year when that
law comes into operation.
155. Financial year estimates.
(1) The President shall cause to be prepared and laid before
Parliament in each financial year, but in any case not later than the fifteenth
day before the commencement of the financial year, estimates of revenues
and expenditure of Government for the next financial year.
(2) The head of any self-accounting department, commission or
organisation set up under this Constitution shall cause to be submitted to the
President at least two months before the end of each financial year estimates
of administrative and development expenditure and estimates of revenues of
the respective department, commission or organisation for the following year.
(3) The estimates prepared under clause (2) of this article shall be laid
before Parliament by the President under clause (1) of this article without
revision but with any recommendations that the Government may have on
them.
(4) At any time before Parliament considers the estimates of revenues
and expenditure laid before it by or on the authority of the President, an
appropriate committee of Parliament may discuss and review the estimates
and make appropriate recommendations to Parliament.
(5) Notwithstanding the provisions of clause (1) of this article, the
President may cause to be prepared and laid before Parliament—
(a) fiscal and monetary programmes and plans for economic and
social development covering periods exceeding one year;
(b) estimates of revenues and expenditure covering periods
exceeding one year.
(6) Parliament may make laws for giving effect to the provisions of
this article.
156. Appropriation Bill.
(1) The heads of expenditure contained in the estimates, other than
expenditure charged on the Consolidated Fund by this Constitution or any
Act of Parliament, shall be included in a bill to be known as an Appropriation
Bill which shall be introduced into Parliament to provide for the issue from
the Consolidated Fund of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified in the bill.
(2) If in respect of any financial year it is found—
(a) that the amount appropriated for any purpose under the
Appropriation Act is insufficient or that a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by that Act; or
(b) that any monies have been expended for any purpose in excess of
the amount appropriated for that purpose or for a purpose for
which no amount has been appropriated by that Act,
a supplementary estimate showing the sums required or spent shall be laid
down before Parliament and in the case of excess expenditure, within four
months after the money is spent.
(3) Where, in respect of any financial year, a supplementary estimate
or supplementary estimates have been approved by Parliament in accordance
with clause (2) of this article, a supplementary Appropriation Bill shall be
introduced into Parliament in the financial year next following that financial
year to which the estimates relate, providing for the appropriation of the sums
so approved for the purposes specified in those estimates.
157. Contingencies Fund.
Parliament shall make provision for the establishment of a Contingencies
Fund and shall make laws to regulate the operations of that fund.
158. Offices the remuneration of which is charged on the Consolidated
Fund.
(1) Where any salary or allowance of the holder of any office is
charged on the Consolidated Fund, it shall not be altered to his or her
disadvantage after he or she has been appointed to that office.
(2) Subject to the provisions of this Constitution, Parliament shall
prescribe the offices, the salaries and allowances in respect of which are
charged on the Consolidated Fund by this Constitution.
159. Power of Government to borrow or lend.
(1) Subject to the provisions of this Constitution, Government may
borrow from any source.
(2) Government shall not borrow, guarantee, or raise a loan on behalf
of itself or any other public institution, authority or person except as
authorised by or under an Act of Parliament.
(3) An Act of Parliament made under clause (2) of this article shall
provide—
(a) that the terms and conditions of the loan shall be laid before
Parliament and shall not come into operation unless they have
been approved by a resolution of Parliament; and
(b) that any monies received in respect of that loan shall be paid into
the Consolidated Fund and form part of that fund or into some
other public fund which is existing or is created for the purpose
of the loan.
(4) The President shall, at such times as Parliament may determine,
cause to be presented to Parliament such information concerning any loan as
is necessary to show—
(a) the extent of the total indebtedness by way of principal and
accumulated interest;
(b) the provision made for servicing or repayment of the loan; and
(c) the utilisation and performance of the loan.
(5) Parliament may, by resolution, authorise the Government to enter
into an agreement for the giving of a loan or a grant out of any public fund or
public account.
(6) An agreement entered into under clause (5) of this article shall be
laid before Parliament and shall not come into operation unless it has been
approved by Parliament by resolution.
(7) For the purposes of this article, the expression “loan” includes any
money lent or given to or by the Government on condition of return or
repayment and any other form of borrowing or lending in respect of which—
(a) monies from the Consolidated Fund or any other public fund may
be used for payment or repayment; or
(b) monies from any fund by whatever name called, established for
the purposes of payment or repayment whether in whole or in part
and whether directly or indirectly, may be used for payment or
repayment.
(8) Parliament may by law exempt any categories of loans from the
provisions of clauses (2) and (3) of this article, subject to such conditions as
Parliament may prescribe.
160. Public debt.
(1) The public debt of Uganda shall be charged on the Consolidated
Fund and other public funds of Uganda.
(2) For the purposes of this article, the public debt includes the
interest on that debt, sinking fund payments in respect of that debt and the
costs, charges and expenses incidental to the management of that debt.
Central Bank of Uganda.
161. The central bank.
(1) The Bank of Uganda shall be the central bank of Uganda and it
shall be the only authority to issue the currency of Uganda.
(2) The authority of the Bank of Uganda shall vest in a board which
shall consist of a governor, a deputy governor and not more than five other
members.
(3) The governor, the deputy governor and all other members of the
board shall—
(a) be appointed by the President with the approval of Parliament;
(b) hold office for a term of five years but shall be eligible for
reappointment.
(4) The office of governor and deputy governor shall each be a public
office, and the governor and deputy governor shall respectively be
chairperson and deputy chairperson of the board.
(5) The governor, the deputy governor or any other member of the
board may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
162. Functions of the bank.
(1) The Bank of Uganda shall—
(a) promote and maintain the stability of the value of the currency of
Uganda;
(b) regulate the currency system in the interest of the economic
progress of Uganda;
(c) encourage and promote economic development and the efficient
utilisation of the resources of Uganda through effective and
efficient operation of a banking and credit system; and
(d) do all such other things not inconsistent with this article as may
be prescribed by law.
(2) In performing its functions, the Bank of Uganda shall conform to
this Constitution but shall not be subject to the direction or control of any
person or authority.
(3) Subject to the provisions of this Constitution, Parliament may
make laws prescribing and regulating the functions of the Bank of Uganda.
Auditor General.
163. Auditor General.
(1) There shall be an Auditor General who shall be appointed by the
President with the approval of Parliament and whose office shall be a public
office.
(2) A person shall not be appointed Auditor General unless that
person—
(a) is a qualified accountant of not less than fifteen years’ standing;
and
(b) is a person of high moral character and proven integrity.
(3) The Auditor General shall—
(a) audit and report on the public accounts of Uganda and of all
public offices, including the courts, the central and local
government administrations, universities and public institutions
of like nature, and any public corporation or other bodies or
organisations established by an Act of Parliament; and
(b) conduct financial and value for money audits in respect of any
project involving public funds.
(4) The Auditor General shall submit to Parliament annually a report
of the accounts audited by him or her under clause (3) of this article for the
financial year immediately preceding.
(5) Parliament shall, within six months after the submission of the
report referred to in clause (4) of this article, debate and consider the report
and take appropriate action.
(6) Subject to clause (7) of this article, in performing his or her
functions, the Auditor General shall not be under the direction or control of
any person or authority.
(7) The President may, acting in accordance with the advice of the
Cabinet, require the Auditor General to audit the accounts of any body or
organisation referred to in clause (3) of this article.
(8) The salary and allowances payable to the Auditor General shall
be charged on the Consolidated Fund.
(9) The accounts of the office of the Auditor General shall be audited
and reported upon by an auditor appointed by Parliament.
(10) The Auditor General may be removed from office by the President
only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
164. Accountability.
(1) The Permanent Secretary or the accounting officer in charge of a
Ministry or department shall be accountable to Parliament for the funds in
that Ministry or department.
(2) Any person holding a political or public office who directs or
concurs in the use of public funds contrary to existing instructions shall be
accountable for any loss arising from that use and shall be required to make
good the loss even if he or she has ceased to hold that office.
(3) Parliament shall monitor all expenditure of public funds.
Chapter Ten
The Public Service.
Public Service Commission.
165. Public Service Commission.
(1) There shall be a Public Service Commission.
(2) The commission shall consist of a chairperson, a deputy
chairperson and seven other members appointed by the President with the
approval of Parliament.
(3) A person is not qualified to be appointed a member of the
commission unless he or she is of high moral character and proven integrity.
(4) A person holding any of the following offices shall relinquish his
or her position in that office on appointment as a member of the
commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political
organisation; or
(d) a public officer.
(5) A member of the commission shall hold office for a term of four
years but is eligible for reappointment; except that of the first members
appointed under this Constitution, four shall be appointed to hold office for
three years which shall be specified in the instruments of appointment.
(6) The emoluments of the members of the commission shall be
prescribed by Parliament and shall be charged on the Consolidated Fund.
(7) In the absence of both the chairperson and the deputy chairperson,
the President may designate one of the members to act as chairperson.
(8) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
166. Functions of the Public Service Commission.
(1) Except as otherwise provided in this Constitution, the functions
of the Public Service Commission include—
(a) to advise the President in performing his or her functions under
article 172 of this Constitution;
(b) to appoint, promote and exercise disciplinary control over persons
holding office in the public service of Uganda as provided in
article 172 of this Constitution;
(c) to review the terms and conditions of service, standing orders,
training and qualifications of public officers and matters
connected with personnel management and development of the
public service and make recommendations on them to the
Government;
(d) to guide and coordinate district service commissions;
(e) to hear and determine grievances from persons appointed by
district service commissions; and
(f) to perform such other functions as may be prescribed by this
Constitution or any other law.
(2) In the exercise of its functions, the Public Service Commission
shall be independent and shall not be subject to the direction or control of any
person or authority; except that it shall take into account government policy
relating to the public service.
(3) The commission shall make a report to Parliament in respect of
each year, on the performance of its functions.
(4) Parliament shall, by law, empower the Public Service
Commission to make regulations for the effective and efficient performance
of its functions under this Constitution or any other law.
Education Service Commission.
167. Education Service Commission.
(1) There shall be an Education Service Commission.
(2) The commission shall consist of a chairperson and six other
members appointed by the President with the approval of Parliament.
(3) The President shall appoint not more than two members of the
commission as deputy chairpersons of the commission.
(4) A person is not qualified to be a member of the commission
unless he or she is of high moral character and proven integrity and has
substantial experience in the field of education.
(5) A person holding any of the following offices shall relinquish his
or her position in that office on appointment as a member of the
commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political
organisation;
(d) a member of any board or other authority responsible for the
management of any school or college; or
(e) a public officer.
(6) A member of the Education Service Commission shall hold office
for four years but is eligible for reappointment; except that of the first
members appointed under this Constitution, three shall be appointed to hold
office for three years which shall be specified in the instruments of
appointment.
(7) The emoluments of members of the commission shall be
prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and deputy chairpersons,
the President may designate one of the members to act as chairperson.
(9) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
168. Functions of the Education Service Commission.
(1) Subject to the provisions of this Constitution, the Education
Service Commission shall—
(a) advise the President in performing, in relation to the education
service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the
education service, including the power to confirm such
appointments, to exercise disciplinary control over those persons
and to remove them from office;
(c) review the terms and conditions of service, standing orders,
training and qualifications of public officers in the education
service and matters connected with their management and welfare
and make recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this
Constitution or any other law.
(2) In the exercise of its functions, the commission shall be
independent and shall not be subject to the direction or control of any person
or authority; except that it shall take into account government policy relating
to education.
(3) The commission may, by writing, delegate any of its functions to
a district service commission or any other authority or officer.
(4) The commission shall make a report to Parliament in respect of
each year, on the performance of its functions.
(5) Subject to the provisions of this article, Parliament shall by law
regulate the functions of the commission and prescribe the categories of
public officers to constitute the education service.
Health Service Commission.
169. Health Service Commission.
(1) There shall be a Health Service Commission.
(2) The commission shall consist of a chairperson and six other
members at least three of whom shall be persons who have substantial
experience in health science, all of whom shall be appointed by the President
with the approval of Parliament.
(3) The President shall appoint one member of the commission as
deputy chairperson of the commission.
(4) A person is not qualified to be a member of the commission
unless he or she is of high moral character and proven integrity.
(5) A person holding any of the following offices shall relinquish his
or her office on appointment as a member of the commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political
organisation;
(d) a member of any board or other authority responsible for the
management of any Government hospital or similar Government
establishment; or
(e) a public officer.
(6) A member of the commission shall hold office for four years but
is eligible for reappointment; except that of the first members appointed
under this Constitution, three shall be appointed to hold office for three years
which shall be specified in the instruments of appointment.
(7) The emoluments of members of the commission shall be
prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and the deputy chairperson,
the President may designate one of the members to act as chairperson.
(9) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
170. Functions of the Health Service Commission.
(1) Subject to the provisions of this Constitution, the Health Service
Commission shall—
(a) advise the President in performing, in relation to the health
service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the
health service, including the power to confirm such appointments,
to exercise disciplinary control over those persons and to remove
them from office;
(c) review the terms and conditions of service, standing orders,
training and qualifications of members of the health service and
matters connected with their management and welfare and make
recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this
Constitution or any other law.
(2) In the exercise of its functions, the Commission shall be
independent and shall not be subject to the direction or control of any person
or authority; except that it shall take into account government policy relating
to health.
(3) The commission may, by writing, delegate any of its functions to
a district service commission or any other authority or officer.
(4) The commission shall make a report to Parliament in respect of
each year on the performance of its functions.
(5) Subject to the provisions of this article, Parliament shall, by law
regulate the functions of the commission and prescribe the categories of
public officers to constitute the health service.
General.
171. Establishment of offices.
Subject to the provisions of this Constitution and any Act of Parliament, the
President may, after consultation with the appropriate service commission,
establish offices in the public service of the Government of Uganda.
172. Appointment of public officers.
(1) Subject to the provisions of this Constitution—
(a) the President may, acting in accordance with the advice of the
Public Service Commission, the Education Service Commission
or the Health Service Commission, as the case may be, appoint
persons to hold or act in any office in the public service of
Uganda of the rank of head of department or above other than
those referred to in article 200 of this Constitution, including
confirmation of appointments, the exercise of disciplinary control
over such persons and their removal from office;
(b) the Public Service Commission, the Education Service
Commission or the Health Service Commission, as the case may
be, may appoint persons to hold or act in any office in the public
service of Uganda other than those referred to in paragraph (a) of
this clause and in article 200 of this Constitution, including the
confirmation of their appointments and the exercise of
disciplinary control over such persons and their removal from
office.
(2) Except with the consent of the President, no person shall be
appointed under this article to act in any office on the personal staff of the
President.
(3) Subject to the provisions of this Constitution, the President may
delegate any of his or her powers under this article by directions in writing,
to any service commission or to any other authority or public officer as may
be prescribed by Parliament and may, in like manner, revoke the delegation.
173. Protection of public officers.
A public officer shall not be—
(a) victimised or discriminated against for having performed his or
her duties faithfully in accordance with this Constitution; or
(b) dismissed or removed from office or reduced in rank or otherwise
punished without just cause.
174. Permanent Secretaries.
(1) Subject to the provisions of this Constitution, a Ministry or
department of the Government of Uganda shall be under the supervision of
a Permanent Secretary whose office shall be a public office.
(2) A Permanent Secretary shall be appointed by the President acting
in accordance with the advice of the Public Service Commission.
(3) The functions of a Permanent Secretary under this article
include—
(a) organisation and operation of the department or Ministry;
(b) tendering advice to the responsible Minister in respect of the
business of the department or Ministry;
(c) implementation of the policies of the Government of Uganda;
(d) subject to article 164 of this Constitution, responsibility for the
proper expenditure of public funds by or in connection with the
department or Ministry.
175. Interpretation.
In this Chapter, unless the context otherwise requires—
(a) “public officer” means any person holding or acting in an office
in the public service;
(b) “public service” means service in any civil capacity of the
Government the emoluments for which are payable directly from
the Consolidated Fund or directly out of monies provided by
Parliament.
Chapter Eleven
Local Government.
Principles and structures of local government.
176. Local government system.
(1) The system of local government in Uganda shall be based on the
district as a unit under which there shall be such lower local governments and
administrative units as Parliament may by law provide.
(2) The following principles shall apply to the local government
system—
(a) the system shall be such as to ensure that functions, powers and
responsibilities are devolved and transferred from the
Government to local government units in a coordinated manner;
(b) decentralisation shall be a principle applying to all levels of local
government and, in particular, from higher to lower local
government units to ensure peoples’ participation and democratic
control in decision making;
(c) the system shall be such as to ensure the full realisation of
democratic governance at all local government levels;
(d) there shall be established for each local government unit a sound
financial base with reliable sources of revenue;
(e) appropriate measures shall be taken to enable local government
units to plan, initiate and execute policies in respect of all matters
affecting the people within their jurisdictions;
(f) persons in the service of local government shall be employed by
the local governments; and
(g) the local governments shall oversee the performance of persons
employed by the Government to provide services in their areas
and to monitor the provision of Government services or the
implementation of projects in their areas.
(3) The system of local government shall be based on democratically
elected councils on the basis of universal adult suffrage in accordance with
article 181(4) of this Constitution.
177. Districts of Uganda.
(1) Subject to the provisions of this Constitution, for the purposes of
local government, Uganda shall be divided into the districts referred to in
article 5(2) of this Constitution.
(2) The districts referred to in clause (1) of this article shall be taken
to have been divided into the lower local government units which existed
immediately before the coming into force of this Constitution.
178. Cooperation among districts.
(1) Two or more districts shall be free to cooperate in the areas of
culture and development as set out in the Fifth Schedule to this Constitution
and may, for that purpose, form and support councils, trust funds or
secretariats, subject to the following—
(a) such cooperation shall conform to the democratic principles
enshrined in this Constitution;
(b) the councils, trust funds or secretariats so formed shall not have
power to levy taxes; but Parliament may make provision enabling
them to raise funds in addition to funds made available to them
by the cooperating districts;
(c) the terms and conditions of the cooperation shall be embodied in
a charter signed by the consenting districts and deposited with the
Speaker of Parliament; and
(d) the councils, trust funds or secretariats formed under this article
shall have power to make rules, regulations and bye-laws in
relation to the functions assigned to them; except that such rules,
regulations and bye-laws shall not be inconsistent with the
provisions of this Constitution or any existing law and shall not
be effective unless ratified by the district councils of the
cooperating districts.
(2) The councils, trust funds or secretariats formed under this article
shall be bodies corporate with powers to sue and be sued.
(3) Subject to clause (1) of this article and to the provisions of this
Constitution, the districts of Buganda as specified in the First Schedule to this
Constitution shall be deemed to have agreed to cooperate on the coming into
force of this Constitution.
(4) Any district may withdraw from cooperation under this article
if—
(a) a resolution is passed by the district council of the district in
favour of withdrawal, supported by two-thirds of all the members
of the council; and
(b) the resolution is supported by a resolution of Parliament.
179. Boundaries of local government units.
(1) Subject to the provisions of this Constitution, Parliament may—
(a) alter the boundaries of districts; and
(b) create new districts.
(2) Any measure to alter the boundary of a district or to create a new
district shall be supported by a majority of all the members of Parliament.
(3) Parliament shall by law empower district councils to alter the
boundaries of lower local government units and to create new local
government units within their districts.
(4) Any measure for the alteration of the boundaries of or the creation
of districts or administrative units shall be based on the necessity for effective
administration and the need to bring services closer to the people, and it may
take into account the means of communication, geographical features, density
of population, economic viability and the wishes of the people concerned.
180. Local government councils.
(1) A local government shall be based on a council which shall be the
highest political authority within its area of jurisdiction and which shall have
legislative and executive powers to be exercised in accordance with this
Constitution.
(2) Parliament shall by law prescribe the composition, qualifications,
functions and electoral procedures in respect of local government councils,
except that—
(a) the person elected as district chairperson of a local government
shall be a member of the council;
(b) one-third of the membership of each local government council
shall be reserved for women;
(c) any law enacted by virtue of this article shall provide for
affirmative action for all marginalised groups referred to in article
32 of this Constitution; and
(d) Parliament shall exercise similar powers of review as stipulated
in article 78(2) of this Constitution, in relation to paragraphs (b)
and (c) of this clause.
(3) A person shall not be a member of a local government council
unless that person is a citizen of Uganda.
181. Elections of local government councils.
(1) A district shall be divided by the Electoral Commission into
electoral areas which shall be demarcated in such a way that the number of
inhabitants in the electoral areas are as nearly as possible equal.
(2) The number of inhabitants in an electoral area may be greater or
less than other electoral areas in order to take account of means of
communication, geographical features and density of population.
(3) The demarcation of electoral areas shall ensure that a subcounty,
a town council or an equivalent part of a municipality is represented at the
district council by at least one person.
(4) All local government councils shall be elected every four years.
(5) Elections of all local government councils shall take place at least
sixty days before the expiry of the term of the existing council, but shall not
coincide with presidential or parliamentary elections.
182. Revocation of mandate.
(1) Subject to clause (2) of this article, the mandate of an elected
member of a local government council may be revoked by the electorate.
(2) Parliament shall by law prescribe the grounds on which and the
manner in which the electorate may revoke the mandate of an elected member
of a local government council.
183. District chairperson.
(1) There shall be a district chairperson who shall—
(a) be the political head of the district; and
(b) be elected by universal adult suffrage through a secret ballot.
(2) A person is not qualified to be elected district chairperson unless
he or she is—
(a) qualified to be elected a member of Parliament;
(b) at least thirty years and not more than seventy-five years of age;
and
(c) a person ordinarily resident in the district.
(3) The district chairperson shall—
(a) preside at meetings of the executive committee of the district;
(b) monitor the general administration of the district;
(c) coordinate the activities of urban councils and councils of the
lower local administrative units in the district;
(d) coordinate and monitor Government functions as between the
district and the Government; and
(e) perform such other functions as Parliament may prescribe.
(4) In the performance of the functions under clause (3) of this article,
the chairperson shall be subject to the rules, decisions and recommendations
of the district council and be answerable to the council.
184. Speaker of a district council.
(1) Each district council shall have a speaker elected by the district
council from among its members; but a person shall only be taken to have
been elected if the votes cast in his or her favour are more than 50 percent of
all the members of the council.
(2) The speaker of the council shall, in relation to the council,
perform similar functions to those of the Speaker of Parliament.
185. Removal of a district chairperson and speaker.
(1) The district chairperson or the speaker of a district council may
be removed from office by the council by resolution supported by the votes
of not less than two-thirds of all members of the council on any of the
following grounds—
(a) abuse of office;
(b) misconduct or misbehaviour; or
(c) such physical or mental incapacity as would render him or her
incapable of performing the duties of his or her office.
(2) Parliament shall prescribe any other grounds and the procedure for
the removal of a district chairperson or the speaker of a council under this
article.
186. District executive committee.
(1) There shall be an executive committee for each district council
which shall perform the executive functions of the council.
(2) An executive committee shall consist of—
(a) the district chairperson;
(b) the vice chairperson; and
(c) such number of secretaries as the council may decide.
(3) The vice chairperson shall be a person nominated by the district
chairperson from among members of the council and approved by two-thirds
of all members of the council.
(4) The secretaries shall be nominated by the chairperson from among
members of the council and approved by a majority of all members of the
council.
(5) The vice chairperson shall deputise for the chairperson and shall
perform such other functions as may be assigned to him or her by the
chairperson.
(6) If the district chairperson dies, resigns or is removed from office,
the vice chairperson shall assume the office of chairperson until the election
of a new district chairperson, but the election shall be held within six months
after the occurrence of the event.
(7) A secretary shall have responsibility for such functions of the
district council as the district chairperson may from time to time assign to
him or her.
(8) A district council shall appoint standing and other committees
necessary for the efficient performance of its functions.
(9) The following shall apply with respect to the composition of the
committees of a district council—
(a) the chairpersons and members of the committees shall be elected
from among the members of the council;
(b) the district chairperson, the vice chairperson and a secretary shall
not be members of a committee of the council but may take part
in its proceedings without voting.
187. Vacation of office of member of district executive committee.
(1) The office of a member of a district executive committee shall
become vacant if—
(a) the appointment of that member is revoked by the district
chairperson; or
(b) that member—
(i) is elected as speaker of the district council;
(ii) resigns from office;
(iii) becomes disqualified to be a member of the district council;
(iv) is unable to perform his or her functions due to mental or
physical incapacity or dies;
(v) is censured by the council; or
(c) a new chairperson assumes office.
(2) A district council may, by resolution supported by not less than
half of all members of the council, pass a vote of censure against a member
of the executive committee.
(3) Proceedings for censure shall be initiated by a petition to the
chairperson through the speaker signed by not less than one-third of all the
members of the district council to the effect that they are dissatisfied with the
conduct or performance of the member of the executive committee.
(4) The chairperson shall, upon receipt of the petition, cause a copy
of it to be given to the member of the executive committee in question.
(5) The motion for the resolution of censure shall not be debated until
the expiry of fourteen days after the petition was sent to the chairperson.
(6) A member of the executive committee in respect of whom a vote
of censure is debated under clause (5) of this article is entitled during the
debate to be heard in his or her defence.
(7) Nothing in this article shall prevent a person from being
reappointed to the executive committee of a district council.
188. Chief administrative officer.
(1) There shall be a chief administrative officer for every district.
(2) The chief administrative officer shall be appointed by the district
service commission and shall be the chief accounting officer for the district.
(3) Parliament shall by law establish the qualifications and functions
of the chief administrative officer.
189. Functions of the Government and district councils.
(1) Subject to the provisions of this Constitution, the functions and
services specified in the Sixth Schedule to this Constitution shall be the
responsibility of the Government.
(2) District councils and the councils of lower local government units
may, on request by them, be allowed to exercise the functions and services
specified in the Sixth Schedule to this Constitution or if delegated to them by
the Government or by Parliament by law.
(3) District councils shall have responsibility for any functions and
services not specified in the Sixth Schedule to this Constitution.
(4) Subject to the provisions of this Constitution, the Government
may, on request by a district council, assume responsibility for functions and
services assigned to the district council.
Finances of local governments.
190. Planning.
District councils shall prepare comprehensive and integrated development
plans incorporating the plans of lower level local governments for submission
to the National Planning Authority.
191. Power to levy and appropriate taxes.
(1) Local governments shall have power to levy, charge, collect and
appropriate fees and taxes in accordance with any law enacted by Parliament
by virtue of article 152 of this Constitution.
(2) The fees and taxes to be levied, charged, collected and
appropriated under clause (1) of this article shall consist of rents, rates,
royalties, stamp duties, personal graduated tax, cess, fees on registration and
licensing and any other fees and taxes that Parliament may prescribe.
(3) No appropriation of funds by a local government shall be made
unless approved in a budget by its council.
(4) Parliament shall by law make provision for tax appeals in relation
to taxes to which this article applies.
192. Collection of taxes by local government.
Parliament shall by law provide—
(a) for the taxes that may be collected by a local government for or
on behalf of the Government for payment into the Consolidated
Fund;
(b) for a local government to retain for the purposes of its functions
and services, a specified proportion of the revenues collected for
or on behalf of the Government from the district.
193. Grants to local governments.
(1) The President shall for each financial year, in accordance with this
Constitution, cause to be presented to Parliament proposals as to the monies
to be paid out of the Consolidated Fund as—
(a) unconditional grant in accordance with clause (2) of this article;
(b) conditional grant in accordance with clause (3) of this article;
(c) equalisation grant in accordance with clause (4) of this article.
(2) Unconditional grant is the minimum grant that shall be paid to
local governments to run decentralised services and shall be calculated in the
manner specified in the Seventh Schedule to this Constitution.
(3) Conditional grant shall consist of monies given to local
governments to finance programmes agreed upon between the Government
and the local governments and shall be expended only for the purposes for
which it was made and in accordance with the conditions agreed upon.
(4) Equalisation grant is the money to be paid to local governments
for giving subsidies or making special provisions for the least developed
districts and shall be based on the degree to which a local government unit is
lagging behind the national average standard for a particular service.
(5) District councils shall be obliged to indicate how conditional and
equalisation grants obtained from the Government are to be passed onto the
lower levels of local government.
(6) The proposals made under clause (1) of this article shall be made
at the same time as the estimates of revenue and expenditure under article
155 of this Constitution and shall state the sums of monies that are to be paid
to each local government.
(7) The proposals made under this article shall form part of the
Appropriation Act as provided for in article 156 of this Constitution.
194. Local Government Finance Commission.
(1) There shall be a Local Government Finance Commission which
shall consist of seven members appointed by the President.
(2) Of the seven members referred to in clause (1) of this article, four
shall be nominated by the local governments.
(3) The members of the Local Government Finance Commission shall
elect from among themselves a chairperson and a vice chairperson.
(4) The Local Government Finance Commission shall—
(a) advise the President on all matters concerning the distribution of
revenue between the Government and local governments and the
allocation to each local government of monies out of the
Consolidated Fund;
(b) in consultation with the National Planning Authority, consider
and recommend to the President the amount to be allocated as the
equalisation and conditional grants and their allocation to each
local government;
(c) consider and recommend to the President potential sources of
revenue for local governments;
(d) advise the local governments on appropriate tax levels to be
levied by local governments;
(e) perform such other functions as Parliament shall prescribe.
(5) The expenses of the commission, including salaries, allowances
and pensions payable to persons serving with the commission, shall be
charged on the Consolidated Fund.
195. Loans and grants.
Subject to the provisions of this Constitution and with the approval of the
Government, a local government may, for the carrying out of its functions
and services, borrow money or accept and use any grant or assistance as
Parliament shall prescribe.
196. Accountability.
Parliament shall make laws—
(a) requiring each local government to draw up a comprehensive list
of all its internal revenue sources and to maintain data on total
potential collectable revenues;
(b) prescribing financial control and accountability measures for
compliance by all local governments;
(c) imposing regular audit requirements and procedures for local
governments.
197. Financial autonomy of urban authorities.
Urban authorities shall have autonomy over their financial and planning
matters in relation to the district councils as Parliament may, by law, provide.
District service commissions.
198. District service commissions.
(1) There shall be a district service commission for each district.
(2) The district service commission shall consist of a chairperson and
such other members as the district council shall determine, at least one of
whom shall represent urban authorities and all of whom shall be appointed
by the district council on the recommendation of the district executive
committee with the approval of the Public Service Commission.
(3) Members of a district service commission shall be persons of high
moral character and proven integrity.
(4) Members of a district service commission shall hold office for a
period of four years but are eligible for reappointment for one more term.
(5) In the performance of its functions, a district service commission
shall conform to the standards established by the Public Service Commission
for the public service generally.
(6) A member of the district service commission may be removed
from office by the executive committee of the district with the approval of the
district council and after consultation with the Public Service Commission
but may be removed only for—
(a) inability to perform the functions of that office arising from
physical or mental incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.
199. Secondment of staff.
Subject to the provisions of this Constitution, the Government may, on
request by a district council, post persons to fill, assist and complement the
service of a local government.
200. Functions of district service commissions.
(1) Subject to the provisions of this Constitution, the power to
appoint persons to hold or act in any office in the service of a district,
including the power to confirm appointments, to exercise disciplinary control
over persons holding or acting in any such office and to remove those persons
from office, is vested in the district service commission.
(2) The terms and conditions of service of local government staff
shall conform with those prescribed by the Public Service Commission for
the public service generally.
(3) The district service commission may establish committees in
respect of specialised disciplines.
General.
201. Exercise of administrative functions.
The functions of a district government shall be exercised in accordance with
this Constitution and any other law; but the exercise of those functions shall
not detract from the order, peace and good governance of any part of Uganda.
202. Takeover of district administration by the President.
(1) The President may, with the approval of two-thirds of all the
members of Parliament, assume the executive and legislative powers of any
district in any of the following circumstances—
(a) where the district council so requests and it is in the public
interest to do so;
(b) where a state of emergency has been declared in that district or in
Uganda generally; or
(c) where it has become extremely difficult or impossible for the
district government to function.
(2) The exercise by the President of the power conferred by this
article may be done through such persons or officers as the President may
appoint; and the legislative functions shall be exercised by statutory
instruments.
(3) Unless approved by Parliament for a longer term, the exercise by
the President of the power conferred by this article shall be for a period not
exceeding ninety days.
(4) Upon the expiry of the term under clause (3) of this article—
(a) the President shall hand back the administration of the district to
the incumbent district government; or
(b) if Parliament decides that the prevailing circumstances still make
it impossible for the incumbent district government to resume the
administration of the district then—
(i) where the unexpired term of the council is longer than
twelve months, the President shall cause elections to be
held for a new district council within sixty days; or
(ii) where the unexpired term of the council is less than twelve
months, the President shall continue to administer the
district until the next elections are held.
203. Resident district commissioner.
(1) There shall be for each district a resident district commissioner
who shall be a senior civil servant appointed by the President.
(2) The functions of a resident district commissioner are—
(a) to coordinate the administration of Government services in the
district;
(b) to advise the district chairperson on matters of a national nature
that may affect the district or its plans and programmes and
particularly the relations between the district and the
Government; and
(c) to carry out such other functions as may be assigned by the
President or prescribed by Parliament.
204. Terms and conditions of service.
Parliament shall prescribe the guidelines to be followed by the district
councils in determining terms and conditions of service for—
(a) members of the local government councils; and
(b) members of the district service commissions and their
committees.
205. Prohibition of holding political offices concurrently.
(1) No person shall hold concurrently on a full-time basis, political
offices—
(a) in the service of the Government and that of a local government;
or
(b) in the service of a higher local government and that of a lower
local government.
(2) In this article, “political office” means the office of a Minister, a
member of Parliament or a member of a local government council, or any
other office prescribed by Parliament.
206. Parliament to make laws regarding local government.
(1) Subject to the provisions of this Constitution, Parliament shall
make laws relating to local government for the purpose of giving full effect
to this Chapter.
(2) Without prejudice to the general effect of clause (1) of this article,
Parliament may make laws—
(a) limiting the number of political offices that may be created by
local governments;
(b) enabling councils to make laws, regulations or other instruments
for the administration of their areas of jurisdiction;
(c) requiring that with appropriate modifications, the system of
government as it operates at the district level shall apply at the
lower levels of local government units.
207. Interpretation.
In this Chapter, a reference to a local government includes—
(a) a district council;
(b) an urban council;
(c) a subcounty council; or
(d) any other unit prescribed by law to replace any of the councils
mentioned in paragraphs (a), (b) and (c) of this article.
Chapter Twelve
Defence And National Security.
Uganda Peoples’ Defence Forces.
208. Uganda Peoples’ Defence Forces.
(1) There shall be armed forces to be known as the Uganda Peoples’
Defence Forces.
(2) The Uganda Peoples’ Defence Forces shall be nonpartisan,
national in character, patriotic, professional, disciplined, productive and
subordinate to the civilian authority as established under this Constitution.
(3) Members of the Uganda Peoples’ Defence Forces shall be citizens
of Uganda of good character.
(4) No person shall raise an armed force except in accordance with
this Constitution.
209. Functions of the defence forces.
The functions of the Uganda Peoples’ Defence Forces are—
(a) to preserve and defend the sovereignty and territorial integrity of
Uganda;
(b) to cooperate with the civilian authority in emergency situations
and in cases of natural disasters;
(c) to foster harmony and understanding between the defence forces
and civilians; and
(d) to engage in productive activities for the development of Uganda.
210. Parliament to regulate the Uganda Peoples’ Defence Forces.
Parliament shall make laws regulating the Uganda Peoples’ Defence Forces
and, in particular, providing for—
(a) the organs and structures of the Uganda Peoples’ Defence Forces;
(b) recruitment, appointment, promotion, discipline and removal of
members of the Uganda Peoples’ Defence Forces and ensuring
that members of the Uganda Peoples’ Defence Forces are
recruited from every district of Uganda;
(c) terms and conditions of service of members of the Uganda
Peoples’ Defence Forces; and
(d) the deployment of troops outside Uganda.
Uganda Police Force.
211. Uganda Police Force.
(1) There shall be a police force to be known as the Uganda Police
Force and such other police forces in Uganda as Parliament may by law
prescribe.
(2) Subject to the provisions of this Constitution, every police force
in Uganda shall be organised and administered in such a manner and shall
have such functions as Parliament may by law prescribe.
(3) The Uganda Police Force shall be nationalistic, patriotic,
professional, disciplined, competent and productive; and its members shall
be citizens of Uganda of good character.
212. Functions of the Uganda Police Force.
The functions of the Uganda Police Force shall include the following—
(a) to protect life and property;
(b) to preserve law and order;
(c) to prevent and detect crime; and
(d) to cooperate with the civilian authority and other security organs
established under this Constitution and with the population
generally.
213. Command of the Uganda Police Force.
(1) There shall be an Inspector General of Police and a Deputy
Inspector General of Police.
(2) The Inspector General and the Deputy Inspector General of Police
shall be appointed by the President with the approval of Parliament.
(3) The Uganda Police Force shall be under the command of the
Inspector General of Police who shall be assisted by the Deputy Inspector
General of Police in the performance of his or her functions.
(4) In the performance of the functions under clause (3) of this article,
the Inspector General of Police shall be subject to and act in accordance with
the laws of Uganda; except that on matters of policy, the President may give
directions to the Inspector General.
(5) The Inspector General or the Deputy Inspector General of Police
may be removed from office by the President.
214. Parliament to regulate the Uganda Police Force.
Parliament shall make laws—
(a) providing for the organisation and administration of the Uganda
Police Force;
(b) ensuring that members of the Uganda Police Force are recruited
from every district of Uganda; and
(c) regulating generally the Uganda Police Force.
Uganda Prisons Service.
215. Uganda Prisons Service.
(1) There shall be a prisons service to be known as the Uganda
Prisons Service.
(2) The Uganda Prisons Service shall be nationalistic, patriotic,
professional, disciplined, competent and productive; and its members shall
be citizens of Uganda of good character recruited from every district of
Uganda.
216. Commissioner and Deputy Commissioner of Prisons.
(1) There shall be a Commissioner of Prisons and a Deputy
Commissioner of Prisons appointed by the President with the approval of
Parliament.
(2) The Commissioner or the Deputy Commissioner of Prisons may
be removed by the President.
217. Parliament to regulate the Uganda Prisons Service.
Parliament shall make laws—
(a) providing for the organisation, administration and functions of the
Uganda Prisons Service;
(b) ensuring that members of the Uganda Prisons Service are
recruited from every district of Uganda; and
(c) regulating generally the Uganda Prisons Service.
Intelligence services.
218. Intelligence services.
(1) Parliament may by law establish intelligence services and may
prescribe their composition, functions and procedures.
(2) No intelligence service shall be established by the Government
except by or under an Act of Parliament.
National Security Council.
219. National Security Council.
There shall be a National Security Council which shall consist of the
President as chairperson and such other members as Parliament may
determine.
220. Functions of the National Security Council.
The functions of the National Security Council are—
(a) to inform and advise the President on matters relating to national
security; and
(b) any other functions prescribed by Parliament.
General.
221. Security organisations to observe human rights.
It shall be the duty of the Uganda Peoples’ Defence Forces and any other
armed force established in Uganda, the Uganda Police Force and any other
police force, the Uganda Prisons Service, all intelligence services and the
National Security Council to observe and respect human rights and freedoms
in the performance of their functions.
222. Parliament to regulate possession and use of firearms and
ammunition.
Parliament shall make laws to regulate the possession and use of firearms and
ammunition.
Chapter Thirteen
Inspectorate of Government.
223. Inspectorate of Government.
(1) There shall be an Inspectorate of Government.
(2) The Inspectorate of Government shall consist of—
(a) the Inspector General of Government; and
(b) such number of Deputy Inspectors General as Parliament may
prescribe.
(3) At least one of the persons referred to in clause (2) of this article
shall be a person qualified to be appointed a judge of the High Court.
(4) The Inspector General of Government and a Deputy Inspector
General shall be appointed by the President with the approval of Parliament
and shall not, while holding office, hold any other office of emolument in the
public service.
(5) A person shall not be eligible for appointment as Inspector
General of Government or Deputy Inspector General of Government unless
that person—
(a) is a citizen of Uganda;
(b) is a person of high moral character and proven integrity; and
(c) possesses considerable experience and demonstrated competence
and is of high calibre in the conduct of public affairs.
(6) A person shall resign his or her office on appointment as an
Inspector General or a Deputy Inspector General, if that person is—
(a) a member of Parliament;
(b) a member of a local government council; or
(c) a member of the executive of a political party or organisation.
(7) The Inspector General of Government and Deputy Inspectors
General shall hold office for a term of four years but shall be eligible for
reappointment only once.
(8) The remuneration and other conditions of service of members of
the Inspectorate of Government shall be prescribed by Parliament and the
salaries and allowances of members of the Inspectorate shall be charged on
the Consolidated Fund.
224. Removal of Inspector General and Deputy Inspector General.
The Inspector General or a Deputy Inspector General may be removed from
office by the President on the recommendation of a special tribunal
constituted by Parliament only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misconduct, misbehaviour or conduct unbecoming of the holder
of the office; or
(c) incompetence.
225. Functions of inspectorate.
(1) The functions of the Inspectorate of Government shall be
prescribed by Parliament and shall include the following—
(a) to promote and foster strict adherence to the rule of law and
principles of natural justice in administration;
(b) to eliminate and foster the elimination of corruption, abuse of
authority and of public office;
(c) to promote fair, efficient and good governance in public offices;
(d) subject to the provisions of this Constitution, to supervise the
enforcement of the Leadership Code of Conduct;
(e) to investigate any act, omission, advice, decision or
recommendation by a public officer or any other authority to
which this article applies, taken, made, given or done in exercise
of administrative functions; and
(f) to stimulate public awareness about the values of
constitutionalism in general and the activities of its office, in
particular, through any media and other means it considers
appropriate.
(2) The Inspectorate of Government may investigate any matter
referred to in clause (1)(a) of this article, on its own initiative or upon
complaint made to it by any member of the public, whether or not that person
has personally suffered any injustice by reason of that matter.
226. Jurisdiction of inspectorate.
The jurisdiction of the Inspectorate of Government shall cover officers or
leaders whether employed in the public service or not, and also such
institutions, organisations or enterprises as Parliament may prescribe by law.
227. Independence of inspectorate.
The Inspectorate of Government shall be independent in the performance of
its functions and shall not be subject to the direction or control of any person
or authority and shall only be responsible to Parliament.
228. Branches of inspectorate.
The Inspectorate of Government may establish branches at district and other
administrative levels as it considers fit for the better performance of its
functions.
229. Resources of inspectorate.
(1) The Inspectorate of Government shall have an independent budget
appropriated by Parliament and controlled by the inspectorate.
(2) It shall be the duty of the State to facilitate the employment by the
inspectorate of such adequate and qualified staff as are needed to enable the
inspectorate to perform its functions effectively and efficiently.
230. Special powers of inspectorate.
(1) The Inspectorate of Government shall have power to investigate,
cause investigation, arrest, cause arrest, prosecute or cause prosecution in
respect of cases involving corruption, abuse of authority or of public office.
(2) The Inspector General of Government may, during the course of
his or her duties or as a consequence of his or her findings, make such orders
and give such directions as are necessary and appropriate in the
circumstances.
(3) Subject to the provisions of any law, the Inspectorate of
Government shall have power to enter and inspect the premises or property
of any department of Government, person or of any authority, to call for,
examine and where necessary, retain any document or item in connection
with the case being investigated, found on the premises; and may, in those
premises, carry out any investigation for the purpose of its functions.
(4) The Inspectorate of Government shall, when enforcing the
Leadership Code of Conduct, have all the powers conferred on it by this
Chapter in addition to any other powers conferred by law.
(5) Subject to this Constitution, Parliament shall enact any law
necessary for enabling the Inspectorate of Government to discharge its
functions effectively and efficiently and, in particular, to ensure that the
discharge of those functions is not frustrated by any person or authority.
231. Reports of inspectorate.
(1) The Inspectorate of Government shall submit to Parliament at
least once in every six months a report on the performance of its functions,
making such recommendations as it considers necessary and containing such
information as Parliament may require.
(2) A copy of the report referred to in clause (1) of this article shall
be forwarded by the Inspectorate of Government to the President; and where
any matter contained in the report relates to the administration of any local
authority, an extract of the portion of the report on the matter shall be
forwarded to that local authority.
(3) The Speaker shall lay before Parliament the report submitted
under clause (1) of this article within thirty days after it has been submitted,
if Parliament is then in session, or, if Parliament is not in session, within
thirty days after the commencement of its next following session.
232. Powers of Parliament regarding inspectorate.
(1) Parliament shall, subject to the provisions of this Constitution,
make laws to give effect to the provisions of this Chapter.
(2) Laws made for the purpose of this Chapter may, in particular,
provide—
(a) for regulating the procedure for the making of complaints and
requests to the Inspectorate of Government and for the exercise
of its functions;
(b) for conferring such powers on it and imposing such duties on
persons concerned as are necessary to facilitate it in the
performance of its functions;
(c) for ensuring accessibility to the services of the inspectorate by the
general public and decentralising the exercise of those functions
and, where necessary, for enabling the delegation by the
inspectorate of any of those functions to other authorities or
persons at district or lower local government levels; and
(d) for regulating the functioning of the Inspectorate of Government
in relation to other institutions or bodies established under this
Constitution or any other law.
Chapter Fourteen
Leadership Code of Conduct.
233. Leadership Code of Conduct.
(1) Parliament shall by law establish a Leadership Code of Conduct
for persons holding such offices as may be specified by Parliament.
(2) The Leadership Code of Conduct shall—
(a) require specified officers to declare their incomes, assets and
liabilities from time to time and how they acquired or incurred
them, as the case may be;
(b) prohibit conduct—
(i) likely to compromise the honesty, impartiality and integrity
of specified officers;
(ii) likely to lead to corruption in public affairs; or
(iii) which is detrimental to the public good or welfare or good
governance;
(c) prescribe the penalties to be imposed for breach of the code,
without prejudice to the application of criminal penalties
prescribed for the breach in question;
(d) prescribe powers, procedures and practices for ensuring the
effective enforcement of the code; and
(e) make any other provision as may be necessary for ensuring the
promotion and maintenance of honesty, probity, impartiality and
integrity in public affairs and the protection of public funds and
other public property.
234. Enforcement of code.
The Leadership Code of Conduct shall be enforced by the Inspectorate of
Government or such other authority as Parliament may by law prescribe.
235. Disqualification for breach of code.
Parliament may, by law, provide that a person who has been dismissed or
removed from office by reason of breach of the code of conduct shall be
disqualified from holding any other public office whether appointive or
elective and either generally or for a prescribed period.
236. Interpretation.
In this Chapter, unless the context otherwise requires, “specified officer”
means the holder of an office to which the Leadership Code of Conduct
applies.
Chapter Fifteen
Land and Environment.
Land.
237. Land ownership.
(1) Land in Uganda belongs to the citizens of Uganda and shall vest
in them in accordance with the land tenure systems provided for in this
Constitution.
(2) Notwithstanding clause (1) of this article—
(a) the Government or a local government may, subject to article 26
of this Constitution, acquire land in the public interest; and the
conditions governing such acquisition shall be as prescribed by
Parliament;
(b) the Government or a local government as determined by
Parliament by law shall hold in trust for the people and protect
natural lakes, rivers, wetlands, forest reserves, game reserves,
national parks and any land to be reserved for ecological and
touristic purposes for the common good of all citizens;
(c) noncitizens may acquire leases in land in accordance with the
laws prescribed by Parliament, and the laws so prescribed shall
define a noncitizen for the purposes of this paragraph.
(3) Land in Uganda shall be owned in accordance with the following
land tenure systems—
(a) customary;
(b) freehold;
(c) mailo; and
(d) leasehold.
(4) On the coming into force of this Constitution—
(a) all Uganda citizens owning land under customary tenure may
acquire certificates of ownership in a manner prescribed by
Parliament; and
(b) land under customary tenure may be converted to freehold land
ownership by registration.
(5) Any lease which was granted to a Uganda citizen out of public
land may be converted into freehold in accordance with a law which shall be
made by Parliament.
(6) For the purposes of clause (5) of this article, “public land”
includes statutory leases to urban authorities.
(7) Parliament shall make laws to enable urban authorities to enforce
and to implement planning and development.
(8) Upon the coming into force of this Constitution and until
Parliament enacts an appropriate law under clause (9) of this article, the
lawful or bonafide occupants of mailo land, freehold or leasehold land shall
enjoy security of occupancy on the land.
(9) Within two years after the first sitting of Parliament elected under
this Constitution, Parliament shall enact a law—
(a) regulating the relationship between the lawful or bonafide
occupants of land referred to in clause (8) of this article and the
registered owners of that land;
(b) providing for the acquisition of registrable interest in the land by
the occupant.
Uganda Land Commission.
238. Uganda Land Commission.
(1) There shall be a commission to be known as the Uganda Land
Commission.
(2) The commission shall consist of a chairperson and not less than
four other members appointed by the President with the approval of
Parliament.
(3) A person holding office as a member of Parliament or a member
of a local government council shall relinquish that office upon appointment
as a member of the commission.
(4) The members of the commission shall hold office for a period of
five years and shall be eligible to be reappointed.
(5) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
(6) The salaries and allowances of the members of the commission
shall be charged on the Consolidated Fund.
239. Functions of the Uganda Land Commission.
The Uganda Land Commission shall hold and manage any land in Uganda
vested in or acquired by the Government of Uganda in accordance with the
provisions of this Constitution and shall have such other functions as may be
prescribed by Parliament.
District land boards.
240. District land boards.
(1) There shall be a district land board for each district.
(2) Parliament shall prescribe the membership, procedure and terms
of service of a district land board.
241. Functions of district land boards.
(1) The functions of a district land board are—
(a) to hold and allocate land in the district which is not owned by any
person or authority;
(b) to facilitate the registration and transfer of interests in land; and
(c) to deal with all other matters connected with land in the district
in accordance with laws made by Parliament.
(2) In the performance of its functions, a district land board shall be
independent of the Uganda Land Commission and shall not be subject to the
direction or control of any person or authority but shall take into account
national and district council policy on land.
General.
242. Land use.
Government may, under laws made by Parliament and policies made from
time to time, regulate the use of land.
243. Land tribunals.
(1) Parliament shall by law provide for the establishment of land
tribunals.
(2) The jurisdiction of a land tribunal shall include—
(a) the determination of disputes relating to the grant, lease,
repossession, transfer or acquisition of land by individuals, the
Uganda Land Commission or other authority with responsibility
relating to land; and
(b) the determination of any disputes relating to the amount of
compensation to be paid for land acquired.
(3) The chairperson of a land tribunal established under this article
shall be appointed on the advice of the Judicial Service Commission under
any law made for the purposes of clause (1) of this article.
(4) A member of a land tribunal shall hold office on terms and
conditions determined under a law made by Parliament under this article.
(5) A law made under this article may prescribe the practice and
procedure for land tribunals and shall provide for a right of appeal from a
decision of a land tribunal to a court of law.
244. Minerals.
(1) Subject to clause (2) of this article, Parliament shall make laws
regulating—
(a) the exploitation of minerals;
(b) the sharing of royalties arising from mineral exploitation;
(c) the conditions for payment of indemnities arising out of
exploitation of minerals; and
(d) the conditions regarding the restoration of derelict lands.
(2) Minerals and mineral ores shall be exploited taking into account
the interests of the individual land owners, local governments and the
Government.
(3) For the purpose of this article, “mineral” does not include clay,
murram, sand or any stone commonly used for building or similar purposes.
Environment.
245. Protection and preservation of the environment.
Parliament shall, by law, provide for measures intended—
(a) to protect and preserve the environment from abuse, pollution and
degradation;
(b) to manage the environment for sustainable development; and
(c) to promote environmental awareness.
Chapter Sixteen
Institution of Traditional or Cultural Leaders.
246. Institution of traditional or cultural leaders.
(1) Subject to the provisions of this Constitution, the institution of
traditional leader or cultural leader may exist in any area of Uganda in
accordance with the culture, customs and traditions or wishes and aspirations
of the people to whom it applies.
(2) In any community, where the issue of traditional or cultural leader
has not been resolved, the issue shall be resolved by the community
concerned using a method prescribed by Parliament.
(3) The following provisions shall apply in relation to traditional
leaders or cultural leaders—
(a) the institution of traditional leader or a cultural leader shall be a
corporation sole with perpetual succession and with capacity to
sue and be sued and to hold assets or properties in trust for itself
and the people concerned;
(b) nothing in paragraph (a) shall be taken to prohibit a traditional
leader or cultural leader from holding any asset or property
acquired in a personal capacity;
(c) a traditional leader or cultural leader shall enjoy such privileges
and benefits as may be conferred by the Government and local
government or as that leader may be entitled to under culture,
custom and tradition;
(d) subject to paragraph (c) of this clause, no person shall be
compelled to pay allegiance or contribute to the cost of
maintaining a traditional leader or cultural leader;
(e) a person shall not, while remaining a traditional leader or cultural
leader, join or participate in partisan politics;
(f) a traditional leader or cultural leader shall not have or exercise
any administrative, legislative or executive powers of
Government or local government.
(4) The allegiance and privileges accorded to a traditional leader or
a cultural leader by virtue of that office shall not be regarded as a
discriminatory practice prohibited under article 21 of this Constitution; but
any custom, practice, usage or tradition relating to a traditional leader or
cultural leader which detracts from the rights of any person as guaranteed by
this Constitution, shall be taken to be prohibited under that article.
(5) For the avoidance of doubt, the institution of traditional leader or
cultural leader existing immediately before the coming into force of this
Constitution shall be taken to exist in accordance with the provisions of this
Constitution.
(6) For the purposes of this article, “traditional leader or cultural
leader” means a king or similar traditional leader or cultural leader by
whatever name called, who derives allegiance from the fact of birth or
descent in accordance with the customs, traditions, usage or consent of the
people led by that traditional or cultural leader.
Chapter Seventeen
General and Miscellaneous.
247. Administration of estates.
Parliament shall—
(a) by law establish an efficient, fair and expeditious machinery for
the administration and management of the estates of deceased
persons; and
(b) under the law referred to in paragraph (a) of this article, ensure
that the services of the department or organisation established for
the purpose are decentralised and accessible to all persons who
may reasonably require those services and that the interests of all
beneficiaries are adequately protected.
248. Law Reform Commission.
(1) There shall be a Law Reform Commission for Uganda the
composition and functions of which shall be prescribed by Parliament by law.
(2) The Law Reform Commission established under clause (1) of this
article shall publish periodic reports on its findings and submit annual reports
to Parliament.
249. Disaster Preparedness and Management Commission.
(1) There shall be a Disaster Preparedness and Management
Commission for Uganda to deal with both natural and man-made disasters.
(2) Parliament shall, for the purposes of this article, prescribe the
composition, functions and procedure for implementation of the functions of
the commission.
250. Legal proceedings by or against the Government.
(1) Where a person has a claim against the Government, that claim
may be enforced as a right by proceedings taken against the Government for
that purpose.
(2) Civil proceedings by or against the Government shall be instituted
by or against the Attorney General; and all documents required to be served
on the Government for the purpose of or in connection with those
proceedings shall be served on the Attorney General.
(3) Parliament may by law make provision for the purposes of clause
(1) of this article.
(4) In the title of any criminal proceedings, the prosecution shall be
designated by the word “Uganda”.
251. Performance of functions of commissions and authorities.
(1) Any commission or authority established by this Constitution
may, subject to the provisions of this Constitution, regulate its own procedure
or confer powers or impose duties on any officer or authority of the
Government for the purpose of discharging its functions.
(2) Subject to the provisions of this Constitution, any decision of any
commission or authority established by this Constitution shall require the
concurrence of a majority of all its members; and it may act notwithstanding
the absence of any member or any vacancy in the office of a member.
(3) In this article, “commission or authority” includes a council and
a committee of the commission or authority.
252. Resignations.
(1) Except as otherwise provided in this Constitution, any person who
is appointed or elected to any office established by this Constitution may
resign from that office by writing signed by that person addressed to the
person or authority by whom he or she was appointed or elected.
(2) The resignation of a person from any office established by this
Constitution shall take effect in accordance with the terms on which that
person was appointed or, if there are no such terms, when the writing
signifying the resignation is received by the person or authority to whom it
is addressed or by any person authorised by that person or authority to receive
it.
(3) For the purposes of clause (1) of this article, “office” includes the
office of—
(a) the Vice President;
(b) the Speaker and Deputy Speaker;
(c) a Minister;
(d) the Attorney General;
(e) a member of Parliament;
(f) a member of any commission, authority, council or committee
established by this Constitution; and
(g) a public officer.
(4) Subject to the provisions of this article, Parliament may make
laws providing for the resignation of persons holding offices established by
this Constitution not provided for in this article.
253. Reappointments and concurrent appointments.
(1) Where any person has vacated an office established by this
Constitution, that person may, if qualified, again be appointed or elected to
hold that office in accordance with the provisions of this Constitution.
(2) Where a power is conferred by this Constitution on any person to
make any appointment to any office, he or she may appoint a person to that
office even while another person holds the office, when that other person is
on leave of absence pending the relinquishment of the office.
(3) Where two or more persons hold the same office by reason of an
appointment made by virtue of clause (2) of this article, then, for the purposes
of any function conferred on the holder of that office, the person last
appointed shall be taken to be the sole holder of that office.
254. Pension.
(1) A public officer shall, on retirement, receive such pension as is
commensurate with his or her rank, salary and length of service.
(2) The pension payable to any person shall be exempt from tax and
shall be subject to periodic review to take account of changes in the value of
money.
(3) The payment of pension shall be prompt and regular and easily
accessible to pensioners.
255. Right of citizens to demand referenda.
Parliament may by law make provision for the right of citizens to demand the
holding by the Electoral Commission of a referendum whether national or in
any particular part of Uganda, on any issue.
256. Manner of administering oaths.
The oaths specified in the Fourth Schedule to this Constitution shall be
administered in a manner prescribed by law.
257. Interpretation.
(1) In this Constitution, unless the context otherwise requires—
(a) “Act of Parliament” means a law made by Parliament;
(b) “article” means an article of this Constitution;
(c) “child” means a person under the age of eighteen years;
(d) “court” means a court of judicature established by or under the
authority of this Constitution;
(e) “Court of Appeal” means the Court of Appeal of Uganda;
(f) “district” means a district referred to in article 5 of this
Constitution;
(g) “district council” means a district council established under
article 180 of this Constitution;
(h) “education service” means any part of the public service
established as the education service by Parliament by law in
conformity with this Constitution;
(i) “financial year” means the period of twelve months ending on the
thirtieth day of June in any year or such other day as Parliament
may by law prescribe;
(j) “functions” includes powers and duties;
(k) “Gazette” means The Uganda Gazette and includes any
supplement of that Gazette;
(l) “Government” means the Government of Uganda;
(m) “health service” means any part of the public service established
as the health service by Parliament by law in conformity with this
Constitution;
(n) “High Court” means the High Court of Uganda;
(o) “judgment” includes a decision, an order or decree of the court;
(p) “judicial power” means the power to dispense justice among
persons and between persons and the State under the laws of
Uganda;
(q) “Leadership Code of Conduct” means the Leadership Code of
Conduct established under Chapter Fourteen of this Constitution;
(r) “local government council” means a council referred to in article
180 of this Constitution;
(s) “Minister” means a Minister of the Government and includes a
Minister of State and a Deputy Minister;
(t) “oath of allegiance” means an oath of allegiance prescribed by
this Constitution;
(u) “Parliament” means the Parliament of Uganda;
(v) “President” means the President of Uganda;
(w) “public office” means an office in the public service;
(x) “public officer” means a person holding or acting in any public
office;
(y) “public service” means service in a civil capacity of the
Government or of a local government;
(z) “session” means a series of meetings of Parliament within a
period of twelve months;
(aa) “sitting” includes a period during which Parliament is
continuously sitting without adjournment and a period during
which it is in committee;
(bb) “Speaker” means the Speaker of Parliament and “Deputy
Speaker” shall be construed accordingly;
(cc) “subordinate court” means a court subordinate to the High Court;
(dd) “Supreme Court” means the Supreme Court of Uganda;
(ee) “Uganda” means the Republic of Uganda.
(2) In this Constitution—
(a) unless the context otherwise requires, a reference to an office in
the public service includes—
(i) a reference to the office of Chief Justice, Deputy Chief
Justice, Principal Judge, a justice of the Supreme Court or
a justice of Appeal, or a judge of the High Court and the
office of a member of any other court of law established by
or under the authority of this Constitution, other than a
court-martial, being an office the emoluments of which are
paid directly from the Consolidated Fund or directly out of
monies provided by Parliament; and
(ii) a reference to the office of a member of the Uganda Police
Force, the Uganda Prisons Service, the education service
and the health service;
(b) a reference to an office in the public service does not include a
reference to the office of the President, the Vice President, the
Speaker or Deputy Speaker, a Minister, the Attorney General, a
member of Parliament or a member of any commission, authority,
council or committee established by this Constitution.
(3) In this Constitution unless the context otherwise requires, a
reference to the holder of an office by the term designating that office
includes a reference to any person for the time being lawfully acting in or
performing the functions of that office.
(4) For the purposes of this Constitution, a person shall not be
considered as holding a public office by reason only of the fact that that
person is in receipt of a pension or similar allowance in respect of service
under the Government.
(5) The power to remove a public officer from office includes the
power to require or permit that officer to retire from public service; except
that nothing in this clause confers on any person or authority power to require
the retirement of a person holding a public office for which the method of
retirement or removal is specifically provided for by this Constitution.
(6) Any provision in this Constitution that vests in any person or
authority power to remove a public officer from office shall not prejudice the
power of any person or authority to abolish any office or any law providing
for the compulsory retirement of public officers generally or any class of
public officer on attaining an age specified in that law.
(7) Where power is vested by this Constitution in any person or
authority to appoint any person to act in or perform the functions of any
office if the holder of the office is unable to perform those functions, no such
appointment shall be called in question on the ground that the holder of the
office was able to perform those functions.
(8) Where any power is conferred by this Constitution to make any
statutory instrument or rule, or pass any resolution, or give any direction, the
power shall be construed as including the power, exercisable in like manner,
to amend or revoke any such statutory instrument, rule, resolution or
direction.
(9) In this Constitution, references to the amendment of any of the
provisions of this Constitution or any Act of Parliament include references
to the alteration, modification or reenactment, with or without amendment or
modification of that provision, the suspension or repeal of that provision and
the making of a different provision in place of that provision.
(10) In this Constitution, unless the context otherwise requires—
(a) words referring to natural persons include a reference to
corporations;
(b) words in the singular include the plural, and words in the plural
include the singular;
(c) words directing or empowering a public officer to do any act or
thing, or otherwise applying to that officer by the designation of
the office of that person, include the successors in office and all
deputies and other assistants of that person.
258. Ratification of certain acts relating to the procedure of Parliament.
Subject to article 92 of this Constitution—
(a) no Act, resolution or decision passed or taken or purported to
have been passed or taken by Parliament at any time after the
commencement of this Constitution using the procedure of voting
by voice vote, namely, by the voices of “Ayes” for those in favour
of the question and “Noes” for those against the question, shall be
taken to be invalid by reason of the use of that procedure;
(b) no Act passed or purported to have been passed by Parliament at
any time after the commencement of this Constitution shall be
taken to be invalid by reason of the fact that the bill for the Act
was not discussed and recommendations made on it to Parliament
by a standing committee.
Chapter Eighteen
Amendment of the Constitution.
259. Amendment of the Constitution.
(1) Subject to the provisions of this Constitution, Parliament may
amend by way of addition, variation or repeal, any provision of this
Constitution in accordance with the procedure laid down in this Chapter.
(2) This Constitution shall not be amended except by an Act of
Parliament—
(a) the sole purpose of which is to amend this Constitution; and
(b) the Act has been passed in accordance with this Chapter.
260. Amendments requiring a referendum.
(1) A bill for an Act of Parliament seeking to amend any of the
provisions specified in clause (2) of this article shall not be taken as passed
unless—
(a) it is supported at the second and third readings in Parliament by
not less than two-thirds of all members of Parliament; and
(b) it has been referred to a decision of the people and approved by
them in a referendum.
(2) The provisions referred to in clause (1) of this article are—
(a) this article;
(b) Chapter One—articles l and 2;
(c) Chapter Four—article 44;
(d) Chapter Five—articles 69, 74 and 75;
(e) Chapter Six—article 79(2);
(f) Chapter Seven—article 105(1);
(g) Chapter Eight—article 128(1); and
(h) Chapter Sixteen.
261. Amendments requiring approval by district councils.
(1) A bill for an Act of Parliament seeking to amend any of the
provisions specified in clause (2) of this article shall not be taken as passed
unless—
(a) it is supported at the second and third readings in Parliament by
not less than two-thirds of all members of Parliament; and
(b) it has been ratified by at least two-thirds of the members of the
district council in each of at least two-thirds of all the districts of
Uganda.
(2) The provisions referred to in clause (1) of this article are—
(a) this article;
(b) Chapter Two—article 5(2);
(c) Chapter Nine—article 152;
(d) Chapter Eleven—articles 176(1), 178, 189 and 197.
262. Amendments by Parliament.
A bill for an Act of Parliament to amend any provision of the Constitution,
other than those referred to in articles 260 and 261 of this Constitution, shall
not be taken as passed unless it is supported at the second and third readings
by the votes of not less than two-thirds of all members of Parliament.
263. Certificate of compliance.
(1) The votes on the second and third readings referred to in articles
260 and 261 of this Constitution shall be separated by at least fourteen sitting
days of Parliament.
(2) A bill for the amendment of this Constitution which has been
passed in accordance with this Chapter shall be assented to by the President
only if—
(a) it is accompanied by a certificate of the Speaker that the
provisions of this Chapter have been complied with in relation to
it; and
(b) in the case of a bill to amend a provision to which article 260 or
261 of this Constitution applies, it is accompanied by a certificate
of the Electoral Commission that the amendment has been
approved at a referendum or, as the case may be, ratified by the
district councils in accordance with this Chapter.
(3) Where the provisions of clause (2) of this article are complied
with in the case of a bill to which article 260 or 261 of this Constitution
applies, the President shall not refuse to assent to the bill.
(4) Where in the case of a bill to which clause (3) of this article
applies the President—
(a) refuses to assent to the bill; or
(b) fails to assent to the bill within thirty days after the bill is
submitted,
the President shall be taken to have assented to the bill, and the Speaker shall
cause a copy of the bill to be laid before Parliament and the bill shall become
law without the assent of the President.
Chapter Nineteen
Transitional Provisions.
264. Transitional Government.
(1) Notwithstanding anything in this Constitution, the Government
of the National Resistance Movement existing immediately before the
coming into force of this Constitution, in this Chapter referred to as “the
NRM Government” shall—
(a) continue in office until a new government is elected in
accordance with this Constitution;
(b) as far as possible, exercise its functions in such a manner and
with such modifications as are necessary to bring them into
conformity with the provisions of this Constitution.
(2) The elections provided for in clause (1) of this article shall be held
within nine months after the promulgation of this Constitution.
265. Particular functions of transitional Government.
The appropriate organs of the NRM Government shall take such measures
that are necessary or practical to give effect to the provisions of this
Constitution and, in particular, but without prejudice to the generality of the
foregoing, shall—
(a) by law establish an Interim Electoral Commission whose
composition, appointment and functions shall, as far as possible,
conform to the provisions of articles 60 and 61 of this
Constitution;
(b) make interim laws for elections and other matters connected with
elections to any office under this Constitution;
(c) ensure that the tribunal for determination of disputes in respect of
demarcation of electoral areas is appointed;
(d) make laws for the expeditious disposal of appeals referred to in
article 64 of this Constitution;
(e) ensure that adequate resources and facilities are provided to the
Interim Electoral Commission in accordance with article 66 of
this Constitution.
266. Existing courts of judicature.
The Supreme Court and the High Court in existence immediately before the
coming into force of this Constitution shall be taken to have been established
under this Constitution and shall perform the functions of the Supreme Court
and the High Court as specified in Chapter Eight of this Constitution.
267. Existing offices of judges.
(1) A justice of the Supreme Court or a judge of the High Court
holding office immediately before the coming into force of this Constitution
shall continue to hold office as if appointed to that office under this
Constitution.
(2) Any person to whom this article applies shall, on the coming into
force of this Constitution, be deemed to have taken and subscribed the oath
of allegiance and the judicial oath as prescribed by this Constitution or any
other law.
268. Interim membership of Court of Appeal.
Upon the coming into force of this Constitution and until justices of the Court
of Appeal are appointed under article 134 of this Constitution, the Chief
Justice shall, in consultation with the Principal Judge, from time to time,
designate such number of judges of the High Court as may be necessary to
constitute the Court of Appeal.
269. Existing offices.
(1) Subject to the provisions of this article, every person who
immediately before the coming into force of this Constitution held or was
acting in any office established by or by virtue of the Constitution then in
force, so far as is consistent with the provisions of this Constitution, shall be
taken to have been appointed as from the coming into force of this
Constitution, to hold or to act in the equivalent office under this Constitution.
(2) The provisions of this article shall not prejudice any powers
conferred by or under this Constitution or any other law on any person or
authority to make provision for the abolition of office, or for the removal
from office of persons holding or acting in any office and for requiring
persons to retire from office.
(3) In determining, for the purpose of any law relating to retirement
benefits or otherwise, the length of service of a public officer to whom clause
(1) of this article applies, service as a public officer under the Government in
existence immediately before the coming into force of this Constitution shall
be deemed to be continuous with service as a public officer which begins
immediately after the coming into force of this Constitution.
(4) Except as otherwise provided in this Constitution, the terms and
conditions of service of a person to whom this article applies shall not be less
favourable than those applicable to that person immediately before the
coming into force of this Constitution.
(5) For the avoidance of doubt, it is declared that any office
established before the coming into force of this Constitution which is
inconsistent with any provision of this Constitution is, on the coming into
force of this Constitution, abolished.
270. Regulation of political organisations.
On the commencement of this Constitution and until Parliament makes laws
regulating the activities of political organisations in accordance with article
73 of this Constitution, political activities may continue except—
(a) opening and operating branch offices;
(b) holding delegates’ conferences;
(c) holding public rallies;
(d) sponsoring or offering a platform to or in any way campaigning
for or against a candidate for any public elections;
(e) carrying on any activities that may interfere with the movement
political system for the time being in force.
271. Existing political parties or organisations.
Notwithstanding the provisions of article 72(2) of this Constitution, but
subject to article 270 of this Constitution, the political parties or organisations
in existence immediately before the coming into force of this Constitution
shall continue to exist and operate in conformity with the provisions of this
Constitution until Parliament makes laws relating to registration of political
parties and organisations.
272. First elections.
(1) Notwithstanding the provisions of article 69 of this Constitution,
the first presidential, parliamentary, local government and other public
elections after the promulgation of this Constitution shall be held under the
movement political system.
(2) Two years before the expiry of the term of the first Parliament
elected under this Constitution, any person shall be free to canvass for public
support for a political system of his or her choice for purposes of a
referendum.
(3) During the last month of the fourth year of the term of Parliament
referred to in clause (2) of this article, a referendum shall be held to
determine the political system the people of Uganda wish to adopt.
(4) Parliament shall enact laws to give effect to the provisions of this
article.
273. Appointment to certain offices.
The first appointments to the following offices shall be made within six
months after the assumption of office of the first President elected in
accordance with the provisions of this Constitution—
(a) the chairperson and other members of the Uganda Human Rights
commission;
(b) the chairperson and other members of the Electoral Commission;
(c) the Inspector General of Government and the Deputy Inspectors
General; and
(d) the chairperson, deputy chairperson and other members of the
Judicial Service Commission.
274. Existing law.
(1) Subject to the provisions of this article, the operation of the
existing law after the coming into force of this Constitution shall not be
affected by the coming into force of this Constitution but the existing law
shall be construed with such modifications, adaptations, qualifications and
exceptions as may be necessary to bring it into conformity with this
Constitution.
(2) For the purposes of this article, the expression “existing law”
means the written and unwritten law of Uganda or any part of it as existed
immediately before the coming into force of this Constitution, including any
Act of Parliament or Statute or statutory instrument enacted or made before
that date which is to come into force on or after that date.
275. Modification of existing law by first President.
The first President elected under this Constitution may, within twelve months
after assuming office as President, by statutory instrument, make such
provision as may appear necessary for repealing, modifying, adding to or
adapting any law for bringing it into conformity with this Constitution or
otherwise for giving effect to this Constitution.
276. Enactments not yet in force.
Where immediately before the coming into force of this Constitution any
existing law had not been brought into force or was to come into force on a
date subsequent to the coming into force of this Constitution, that law may
be brought into force in accordance with its terms or shall come into force on
such subsequent date as the case may be.
277. Provisions regarding urban authorities.
(1) Subject to the provisions of this Constitution, the urban
authorities in existence at the coming into force of this Constitution, other
than the Kampala City Council, shall constitute lower local government units
under the district councils within whose district they fall.
(2) Subject to the powers of Parliament, the laws applicable to urban
authorities immediately before the commencement of this Constitution, shall
apply with such modifications as may be necessary to give effect to the
provisions of Chapter Eleven of this Constitution.
278. Existing commissions and committees of inquiry.
Notwithstanding anything in this Constitution to the contrary, any
commission or committee of inquiry in existence immediately before the
coming into force of this Constitution may continue in existence until the
submission of its report unless otherwise dissolved in accordance with the
law.
279. Oaths deemed to have been taken.
Notwithstanding any provision of this Constitution, any person who
immediately before the coming into force of this Constitution held or was
acting in any office established under or by virtue of the Constitution then in
force and who holds or is acting in an equivalent office under this
Constitution shall be deemed to have taken and subscribed any necessary oath
under this Constitution, in accordance with this Constitution.
280. Pending matters.
(1) Where any matter or thing has been commenced before the
coming into force of this Constitution by any person or authority having
power to do so under the existing law, that matter or thing may be carried on
and completed by the person or authority having power to do so on or after
the coming into force of this Constitution and, unless the President in any
case otherwise directs, it shall not be necessary for that person or authority to
commence that matter or thing afresh.
(2) This article shall have effect subject to the provisions of this
Constitution and to any law made by Parliament.
281. Proceedings pending before courts.
Legal proceedings pending immediately before the coming into force of this
Constitution before any court, including civil proceedings against the
Government, may be proceeded with and completed.
282. Prerogative of mercy re cases before constitution.
The prerogative of mercy of the President under article 121 of this
Constitution may be exercised in respect of any criminal offences committed
before the coming into force of this Constitution as it may in respect of a
criminal offence committed after the coming into force of this Constitution.
283. Devolution of rights and liabilities.
Subject to the provisions of article 284 of this Constitution—
(a) any right, prerogative, privilege or function which under the
existing law vested in the President shall vest in the President or
other person or authority as is specified under this Constitution;
(b) any right, privilege, obligation, liability, or function vested in or
subsisting against the Government by or under an existing law
shall continue to so vest or subsist.
284. Succession to property.
(1) All property, whether movable or immovable, and all assets which
immediately before the coming into force of this Constitution were vested in
any authority or person for the purposes of or in right of the Government or
in the Government shall, on the coming into force of this Constitution, vest
in the Government, subject to the provisions of Chapter Fifteen of this
Constitution.
(2) Any property which was immediately before the coming into force
of this Constitution liable to escheat or to be forfeited to any person or
authority in right of the Government shall, on the coming into force of this
Constitution, be liable to escheat or to be forfeited to the Government.
285. Succession to contracts.
Where there is subsisting, immediately before the coming into force of this
Constitution, a contract which has been entered into by or on behalf of the
Government, then on and after the coming into force of this Constitution, all
rights, liabilities and obligations of the Government under the contract shall
be vested in or, as the case may be, subsist against the Government; and the
contract shall otherwise continue to be of full force and effect.
286. Revocation of statutory leases to urban authorities.
Upon the coming into force of this Constitution and subject to the provisions
of article 237(2)(a) of this Constitution, statutory leases to urban authorities
shall cease to exist.
287. International agreements, treaties and conventions.
Where—
(a) any treaty, agreement or convention with any country or
international organisation was made or affirmed by Uganda or the
Government on or after the ninth day of October, 1962, and was
still in force immediately before the coming into force of this
Constitution; or
(b) Uganda or the Government was otherwise a party immediately
before the coming into force of this Constitution to any such
treaty, agreement or convention,
the treaty, agreement or convention shall not be affected by the coming into
force of this Constitution; and Uganda or the Government, as the case may
be, shall continue to be a party to it.
288. Repeal of 1967 Constitution and Legal Notice No. 1 of 1986.
(1) Subject to articles 264 and 265 of this Constitution, the
Constitution of Uganda of 1967 and Legal Notice No. 1 of 1986 as amended,
shall, upon the coming into force of this Constitution, stand repealed.
(2) For the avoidance of doubt, the enactments repealed by clause (1)
of this article, shall, notwithstanding the repeal, continue in force for the
purposes only of the exercise by the NRM Government of its functions under
articles 264 and 265 of this Constitution.
_____
SCHEDULES
First Schedule.
articles 5, 178.
Districts of Uganda.
1. Arua
2. Bundibugyo
3. Kabale
4. Kampala
5. Kasese
6. Kibale
7. Kisoro
8. Kotido
9. Kumi
10. Mbale
11. Moroto
12. Nebbi
13. Pallisa
14. Rukungiri
15. Soroti
16. Tororo
17. Kabarole of Toro
18. Kapchorwa of Sebei
19. Moyo of Madi
20. Gulu of Acholi
21. Kitgum of Acholi
22. Apac of Lango
23. Lira of Lango
24. Iganga of Busoga
25. Jinja of Busoga
26. Kamuli of Busoga
27. Hoima of Bunyoro
28. Masindi of Bunyoro
29. Kalangala of Buganda
30. Kiboga of Buganda
31. Masaka of Buganda
32. Mpigi of Buganda
33. Mubende of Buganda
34. Mukono of Buganda
35. Luwero of Buganda
36. Rakai of Buganda
37. Bushenyi of Ankole
38. Mbarara of Ankole
39. Ntungamo of Ankole
_____
Second Schedule.
article 5.
The boundary of Uganda.
Commencing at the highest point of Mt. Sabyinyo; thence in a northeasterly
direction to the southern extremity of the Bunagana ridge marked by
Boundary Pillar 1; thence along the watershed of Bunagana to its highest
point, marked by BP 2; thence in a northwesterly direction in a straight line
to the summit of the knoll Chieshire, marked by BP 3; thence in a straight
line in a northeasterly direction to the confluence of the Rivers Nyarugando
and Nkaka (Kanga); thence following the thalweg of the River Nyarugando
to its source; thence in a straight line in a northwesterly direction to the
highest point of the hill Giseke, marked by BP 4; thence following the
watershed between the hill Giseke and the hill Lubona and its continuation
as far as a point, marked by BP 5, about 400 metres northwest of the summit
of the hill Lubona; thence along the crest of the spur running in a
northwesterly direction to River Sinda (Lulangala); thence along the crest of
the opposite spur, as shown on the map, to the summit of the hill Kirambo,
marked by BP 6; thence in a curved line, as shown on the map, along the
crest of a spur running from Kirambo in a northeasterly and northerly
direction to the northernmost elbow of the River Kaku or Rutshuru; thence
in a straight line across this river to the mouth of the stream Kasumo (Sumo);
thence along the thalweg of this stream to its source; thence in a straight line
to the lowest point, marked by BP 7 of the col northeast of the
above-mentioned elbow of the River Kaku or Rutshuru; thence in a straight
line to the confluence of the Rivers Kyarakibi and Murungu; thence following
the thalweg of the River Murungu downstream to its junction with the
thalweg of the River Chonga; thence in a straight line to the summit of a hill
(Muko), marked by BP 8, about 700 metres north-northeast of this junction;
thence in a straight line in a northerly direction to the summit of the hill
Chikomo (Deko South) or Katwakare, marked by BP 9; thence in a straight
line to the summit of the hill Deko North; thence in a straight line to the
summit of a hill (Nteko) about 3 km north by west of Deko North; thence in
a straight line to the point, marked by BP 10, where the Kayonsa road crosses
the River Ivi; thence in a straight line to a point marked by BP 11, about 1 km
to the north of BP 10, on a prominent spur of the Nkabwa-Salambo range;
thence following the crest of this spur to the summit of the hill Salambo;
thence along the watershed of the Nkabwa-Salambo range to the summit of
the hill Nkabwa, marked by BP 12.
From the summit of Nkabwa hill, the boundary runs in an easterly direction
to the summit of the hill Kyeshero, marked by BP 12A; thence in the same
straight line to the point known as Kakoraza, marked by BP 13; thence in the
same straight line eastwards to the River Munyaga; thence along the thalweg
of this river, downstream, to its junction with the thalweg of the River
Ishasha; thence along the thalweg of the River Ishasha, downstream, to its
mouth in Lake Edward; thence in a straight line in a northerly direction across
Lake Edward to a point marked by BP 1 at the mouth of the River
Lubiriha-Thako; thence along the thalweg of this river to a point marked by
BP 2; thence along the thalweg of this river to a point marked by BP 3;
thence along the thalweg of this river to a point marked by BP 4; thence along
the thalweg of this river to the point where it separates into the rivers
Lubiriha and Thako as marked by BP 5; thence along the thalweg of the River
Thako to a point marked by BP 6; thence continuing along the thalweg of the
River Thako, upstream, to its source at a point marked by BP 7; thence in a
straight line to the highest point of the Rwenzori Range, the summit of
Margharita Peak; thence in a straight line to the source of the River Lami,
situated about 5.4 km northwest of the Peak Kalengire and about 20 km
southwest of the hilltop Karangura; thence along the thalweg of the River
Lami, downstream, to its junction with the thalweg of River Semliki; thence
along the thalweg of the River Semliki, downstream, to its mouth in Lake
Albert; thence across Lake Albert in a succession of straight lines passing
through the points situated midway between the shores of the lake on
parallels of 010 31', 010 45' and 020 00' north latitude, to a point midway
between the shores of the lake on the parallel of 020 07' north latitude.
From this point the boundary runs in a northerly direction along the meridian
for a distance of approximately 4.5 km north of the point on the parallel of
020 07' north latitude; thence in a straight line to a point marked by BP 1 on
the shore of Lake Albert and on the prolongation of a straight line from the
hill Kagudi (Uduka) to the knoll Marombe on the escarpment overlooking
Lake Albert about 1.7 km southeast by east of the hill Kagudi, and is about
100 metres from the lakeshore on the said straight line; thence in a straight
line to BP 2 on the hill Marombe, about 2 km from the lakeshore; thence in
a straight line to BP 3, on the summit of the hill Kagudi (Uduka); thence in
a straight line to BP 4 on the neck of the hill Ngumuda Biet (Otal), which is
about 1.04 km from the hill Kagudi; thence in a straight line to BP 5 on the
hill Biet (Otal), at a distance of 3.04 km from the hill Kagudi; thence in a
straight line to BP 6 on the hill Virkidi on a straight line from the hill Kagudi
to the hill Biet at a distance of about 4.8 km from Kagudi; thence in a straight
line to BP 7 at the intersection of a straight line from the hill Kagudi to the
hill Biet and a straight line from the hill Milia to the junction of the Rivers
Nashiodo and Alala, close to the River Otal on its left bank and is known as
Utal; thence in a northerly direction along the meridian of BP 7 on a straight
line from the hill Milia to the junction of the Rivers Nashiodo and Alala to
BP 8 about 4 km from the junction of the said rivers on the hill Wellingondo;
thence along the meridian to BP 9 on the hill Nyatabu (Niatabu), about 2.48
km from the junction of the said rivers; thence along the meridian to BP 10
on the hill Nyatabu II (Nitabu) about 1.2 km from the junction of the said
rivers in one of the villages known as Parombo; thence along the meridian to
BP 11 on the right bank of the river Nashiodo (Achodo) at its junction with
the River Alala; thence along the thalweg of the river upstream to its source
to BP 12 on the summit of the hill Keresi; thence along a curved line
following the watershed of the river Sido basin to BP 13 on the summit of the
hill Aminzi; thence in a straight line to BP 14 on the summit of the hill Kiti
in a straight line from the hill Aminzi to Monda (Omunda) Rock at a distance
of about 2 km from Aminzi; thence in a straight line to BP 15 on the east
immediately below the summit of the rock Monda; thence in a straight line
to BP 16 on the right bank of the River Niabola (Nyibola) about 15 feet above
its junction with the rivers Nyarwodo (Narodo) and Niabola (Nyibola); thence
along the thalweg of the river Niabola (Nyibola) to BP 17 upon the summit
of the hill Agu; thence along a curved line following the watershed of the
river Aioda (Ayuda) basin on BP 18 on the summit of the hill Asina about
3.44 km southwest by south from the hill Agu; thence along the watershed to
BP 19 on the summit of the hill Sisi; thence along the curved line following
the watershed of the river Leda to BP 20 on the summit of the hill Ajigu; at
a distance of about 2.56 km northwest by west of the hill Sisi; thence along
a curved line following the watershed of the river Leda basin to BP 21, at a
point 2.16 km west of BP 20; thence along a curved line following the
watershed to BP 22 on the knoll Okiyo situated about 4.2 km southeast by
east of the summit of the hill Cho; thence along a curved line to BP 23 on a
small group of rocks (Matijo) upon the watershed between the river Niagak
basin and that tributary which joins the Niagak just below the confluence of
the rivers Niagaka and Amoda and is about 2 km southeast by east of the hill
Cho; thence along a curved line to BP 24 on a small knoll on the abovedescribed
watershed at a distance of about 200 metres from the confluence
of the rivers Niagak and Amoda; thence in a straight line to BP 25 on the
right bank of the river Amoda (Ammodar), immediately above its confluence
with the river Nyalidha, at a point about 1,600 metres southwest of the
summit of the hill Akar; thence along the thalweg of the river Nyalidha to BP
26 upon the Nile-Congo watershed about 6.2 km west-southwest of the
summit of the hill Akar and about 5.6 km south-southeast of the hill Utzi,
close to the source of the river Omithameri.
From this point the boundary follows the Nile-Congo watershed in a
northerly direction to a point about 0.3 km south of the source of the river
Kaia (Kaya) the tri-junction of the Uganda/Zaire/Sudan international
boundaries; thence in a straight line to the source of the river Kaia (Kaya);
thence along the thalweg of the river Kaia (Kaya), downstream to its
confluence with the unnamed river which runs immediately south of Chei and
Lodwa rocks, and then runs in a northerly direction; thence in an easterly
direction in a straight line to a point on the western summit of the hill Kirwa,
marked by a surface beacon; thence in a southeasterly direction in a straight
line to the confluence of the rivers Adjika and Khor Nyaura (Nyawa); thence
in a northeasterly direction in a straight line to a point on the top of J. Jalei,
marked by a surface beacon; thence in an easterly direction to the source of
the river Khor Kayo (Kayu), approximately 3/4 miles from J. Jalei; thence
following the thalweg of the Khor Kayo to a point on the thalweg directly
opposite the westernmost point of the foothills of the escarpment running
northwest from Jebel Elengua; thence in a straight line to the westernmost
point of the foothills; thence following the bottom of the foothills of this
escarpment in a southeasterly, or such a line as shall exclude the riverain
people below Nimule; thence following due east to the intersection of the
thalweg of the river Bahr el Jebel (White Nile) with the thalweg of the river
Unyama; thence along the thalweg of the river Unyuama, upstream, to a point
on the thalweg along the latitude of Jebel Ebijo; thence following due east to
the summit of Jebel Ebijo; thence following in the direction of Jebel
Kakomera to the thalweg of the river Achwa; thence following the thalweg
of the river Achwa, downstream, to the intersection of the thalweg and a
straight line towards the village Lokai to the northernmost point of the bottom
of Jebel Marokho; thence following the summit of Jebel Agu; thence
following the summit of Jebel Ilala (Lwomwaka); thence in a straight line in
a northeasterly direction to the hill (Jebel) Modole; thence following a
straight line in a southeasterly direction to the most southeasterly foothills of
Jebel Terenteinia; thence in a straight line in a southeasterly direction to a
point on the summit of the hill (Jebel) Lonyili marked by a triangulation mark
9.Y.2; thence on bearing 44 degrees 45' and for a distance of 58,506 feet
approximately to triangulation mark 9.Y.9; thence on bearing 44 degrees 45'
and for a distance of 17,831 feet approximately to a triangulation mark 9.Y.8;
thence on bearing 44 degrees 45' and for a distance of 26,945 feet to a
triangulation mark 9.Y.6; thence on bearing 44 degrees 45' and for a distance
of 17,854 feet to a triangulation mark 9.Y.5; thence on bearing 44 degrees 45'
and for a distance of 7,320 feet to a triangulation mark 9.Y.4; thence on
bearing 44 degrees 45' for a distance of 6,420 feet to a triangulation mark
9.Y.3; thence on bearing 44 degrees 45' and for a distance of 20,306 feet to
a triangulation mark 9.Y.1 on the summit of the hill (Jebel) Urungo; thence
on bearing 44 degrees 45' to a point north of Mount Zulia at a distance of
31.5 miles approximately from 9.Y.1 and which is to the tri-junction of the
Uganda/Sudan/Kenya international boundaries.
From this point the boundary is defined by a series of Boundary Pillars joined
by straight lines as follows; on an approximate bearing of 127 degrees for an
approximate distance of 21,500 ft. to Pillar UK 180; thence on a bearing of
132 degrees 41' for a distance of 4,444 ft. to Pillar UK 179;
151 degrees 51' 14,674 ft. UK178;
217 degrees 00' 9,935 ft. UK177;
153 degrees 39' 11,091 ft. UK176;
116 degrees 35' 6,799 ft. UK175;
153 degrees 08' 9,457 ft. UK174;
180 degrees 05' 5,313 ft. UK173;
193 degrees 47' 3,942 ft. UK172;
252 degrees 36' 11,338 ft. UK171;
175 degrees 13' 6,533 ft. UK170;
108 degrees 18' 7,280 ft. UK169;
136 degrees 07' 12,882 ft. UK168;
118 degrees 30' 12,368 ft. UK167;
184 degrees 26' 1,847 ft. UK166;
193 degrees 32' 8,426 ft. UK165;
195 degrees 43' 12,045 ft. UK164;
208 degrees 42' 606 ft. UK163;
225 degrees 39' 1,958 ft. UK162;
244 degrees 44' 4,290 ft. UK161;
244 degrees 37' 5,256 ft. UK160;
186 degrees 44' 7,960 ft. UK159;
185 degrees 09' 797 ft. UK158;
141 degrees 19' 224 ft. UK157;
105 degrees 28' 1,390 ft. UK156;
62 degrees 15' 6,590 ft. UK155;
79 degrees 18' 6,628 ft. UK154;
79 degrees 24' 562 ft. UK153;
98 degrees 30' 7,857 ft. UK152;
86 degrees 30' 6,719 ft. UK151;
19 degrees 35' 2,151 ft. UK150;
54 degrees 05' 1,326 ft. UK149;
52 degrees 46' 1,387 ft. UK148;
84 degrees 15' 7,907 ft. UK147;
88 degrees 38' 2,969 ft. UK146;
93 degrees 11' 3,880 ft. UK145;
162 degrees 13' 10,907 ft. UK144;
169 degrees 22' 1,233 ft. UK143;
180 degrees 05' 6,988 ft. UK142;
276 degrees 03' 4,216 ft. UK141;
269 degrees 35' 12,526 ft. UK140;
220 degrees 56' 4,826 ft. UK139;
213 degrees 23' 4,857 ft. UK138;
244 degrees 58' 2,355 ft. UK137;
262 degrees 40' 1,631 ft. UK136;
176 degrees 51' 2,685 ft. UK135;
71 degrees 53' 2,157 ft. UK134;
141 degrees 01' 1,898 ft. UK133;
73 degrees 20' 2,900 ft. UK132;
95 degrees 51' 1,882 ft. UK131;
107 degrees 02' 5,231 ft. UK130;
193 degrees 16' 1,233 ft. UK129;
164 degrees 54' 3,325 ft. UK128;
249 degrees 32' 2,213 ft. UK127;
248 degrees 20' 5,751 ft. UK126;
257 degrees 52' 1,900 ft. UK125;
131 degrees 49' 3,476 ft. UK124;
72 degrees 43' 4,611 ft. UK123;
81 degrees 33' 1,335 ft. UK122;
69 degrees 56' 6,268 ft. UK121;
68 degrees 27' 4,067 ft. UK120;
68 degrees 08' 2,676 ft. UK119;
108 degrees 26' 1,514 ft. UK118;
120 degrees 39' 591 ft. UK117;
174 degrees 30' 1,137 ft. UK116;
177 degrees 54' 1,945 ft. UK115;
73 degrees 00' 766 ft. UK114;
29 degrees 30' 2,694 ft. UK113;
79 degrees 44' 907 ft. UK112;
66 degrees 16' 1,937 ft. UK111;
79 degrees 55' 2,194 ft. UK110;
145 degrees 27' 8,509 ft. UK109;
156 degrees 21' 6,769 ft. UK108;
135 degrees 26' 8,205 ft. UK107;
125 degrees 22' 6,438 ft. UK106;
129 degrees 06' 5,399 ft. UK105;
187 degrees 04' 4,979 ft. UK104;
190 degrees 48' 3,490 ft. UK103;
206 degrees 19' 1,348 ft. UK102;
90 degrees 43' 989 ft. UK101;
19 degrees 19' 13,434 ft. UK100;
43 degrees 44' 3,513 ft. UK99;
72 degrees 50' 4,525 ft. UK98;
77 degrees 44' 6,713 ft. UK97;
91 degrees 40' 5,820 ft. UK96;
119 degrees 12' 3,050 ft. UK95;
137 degrees 48' 9,847 ft. UK94;
138 degrees 59' 2,497 ft. UK93;
166 degrees 14' 4,695 ft. UK92;
208 degrees 52' 5,792 ft. UK91;
109 degrees 54' 13,971 ft. UK90;
130 degrees 36' 3,998 ft. UK89;
189 degrees 05' 11,610 ft. UK88;
190 degrees 53' 9,774 ft. UK87;
173 degrees 59' 11,720 ft. UK86;
185 degrees 18' 3,718 ft. UK85;
185 degrees 17' 8,946 ft. UK84;
185 degrees 17' 9,408 ft. UK83;
214 degrees 56' 3,320 ft. UK82;
223 degrees 42' 6,391 ft. UK81;
234 degrees 33' 4,606 ft. UK80;
264 degrees 01' 9,781 ft. UK79;
305 degrees 56' 2,607 ft. UK78B;
254 degrees 05' 658 ft. UK78A;
166 degrees 43' 3,498 ft. UK78;
135 degrees 44' 7,662 ft. UK77;
147 degrees 08' 7,410 ft. UK76;
171 degrees 43' 6,334 ft. UK75;
212 degrees 11' 6,726 ft. UK74;
249 degrees 27' 3,158 ft. UK73;
181 degrees 55' 13,506 ft. UK72;
170 degrees 05' 2,587 ft. UK71;
129 degrees 00' 5,641 ft. UK70;
137 degrees 01' 8,709 ft. UK69;
165 degrees 27' 13,939 ft. UK68;
159 degrees 01' 9,269 ft. UK67;
174 degrees 59' 14,818 ft. UK66;
179 degrees 35' 5,101 ft. UK65;
172 degrees 44' 9,833 ft. UK64;
178 degrees 53' 6,324 ft. UK63;
148 degrees 52' 3,609 ft. UK62;
98 degrees 07' 3,818 ft. UK61;
124 degrees 01' 5,022 ft. UK60;
122 degrees 27' 284 ft. UK59;
147 degrees 13' 4,281 ft. UK58;
157 degrees 07' 5,115 ft. UK57;
66 degrees 06' 6,710 ft. UK56;
107 degrees 46' 9,418 ft. UK55;
117 degrees 32' 4,055 ft. UK54;
151 degrees 38' 10,044 ft. UK53;
131 degrees 09' 6,896 ft. UK52;
171 degrees 33' 7,589 ft. UK51;
185 degrees 03' 3,500 ft. UK50;
181 degrees 55' 6,136 ft. UK49;
177 degrees 35' 11,141 ft. UK48;
156 degrees 20' 4,169 ft. UK47;
142 degrees 05' 3,944 ft. UK46;
175 degrees 32' 7,091 ft. UK45;
170 degrees 00' 21,063 ft. UK44;
112 degrees 40' 13,232 ft. UK43;
119 degrees 36' 3,082 ft. UK42;
160 degrees 39' 14,972 ft. UK41;
105 degrees 33' 5,819 ft. UK40;
87 degrees 07' 6,099 ft. UK39;
98 degrees 58' 2,741 ft. UK38;
32 degrees 32' 6,258 ft. UK37;
120 degrees 25' 2,826 ft. UK36;
157 degrees 06' 3,252 ft. UK35;
113 degrees 29' 3,665 ft. UK34;
106 degrees 38' 2,097 ft. UK33;
109 degrees 05' 1,927 ft. UK32;
119 degrees 28' 2,032 ft. UK31;
154 degrees 27' 4,336 ft. UK30;
156 degrees 57' 7,396 ft. UK29;
74 degrees 05' 4,234 ft. UK28;
140 degrees 39' 3,143 ft. UK27;
159 degrees 12' 1,522 ft. UK26;
159 degrees 02' 1,137 ft. UK25;
162 degrees 28' 6,582 ft. UK24;
164 degrees 56' 11,085 ft. UK23;
173 degrees 19' 6,900 ft. UK22;
181 degrees 26' 2,542 ft. UK21;
191 degrees 10' 3,580 ft. UK20;
190 degrees 36' 12,898 ft. UK19;
133 degrees 27' 7,521 ft. UK18;
161 degrees 49' 6,006 ft. UK17;
162 degrees 32' 4,634 ft. UK16;
136 degrees 59' 17,307 ft. UK15;
157 degrees 19' 6,478 ft. UK14;
145 degrees 56' 9,097 ft. UK13;
128 degrees 23' 7,482 ft. UK12;
79 degrees 21' 3,788 ft. UK11;
6 degrees 50' 6,123 ft. UK10;
75 degrees 11' 5,044 ft. UK9;
144 degrees 31' 2,289 ft. UK8;
169 degrees 05' 14,429 ft. UK7;
165 degrees 40' 12,000 ft. UK6;
92 degrees 56' 7,352 ft. UK5;
160 degrees 24' 1,785 ft. UK4;
167 degrees 20' 4,482 ft. UK3;
158 degrees 00' 10,395 ft. UK2;
86 degrees 07' 2,112 ft. UK1;
situated on the east bank of the River Kanamuton at Map Reference YT 1773
(Sheet NA-36-8); thence following a straight line up the centre to the top of
the pass known as Karamuroi (Pokot) or Karithakol (Karamojong); thence
southerly following a straight line to the hillock called Lokula; thence
southeasterly following a straight line to a beacon at the highest point of the
ridge known as Kariemakaris; thence continuing following a straight line,
still southerly, to the foot of the western spur of the hill known as Aoruma,
and following the foot of that spur to a beacon; thence in a generally
southerly direction following straight lines to the westernmost end of the
small hillock known as Lewi Lewi, to the hillock known as Sumemerr
(known to the Pokot as Sumaremar) to the hillock Morumeri, to the hill
known as Kauluk, across the Kanyangareng River to Nongalitaba Hill, across
the Kunyao River to the small hillock known as Lokwamor, to the hillock
known as Kokas, to Korkurao Hill; thence to Sagat Hill and along the highest
points of the rocky ridge (forming a continuation of Mount Riwa and known
collectively by the Karamojong as Kogipie) known severally as Sagat
(Karamojong) or Kogipie (Pokot), Moruebu and Karenyang; thence to the
summit of the hill Muregogoi; thence following a straight line to the source
of the River Maragat; thence by the centre of the River Maragat to its
confluence with the river Maron; thence southwesterly by the foot of the
northwestern slopes of Kassauria Hill to the western extremity of that hill;
thence following a straight line southeasterly to the northeastern extremity of
Mount Riwa; thence following the foot of the eastern portion of Mount Riwa
to the source of the Kanyerus River (marked by a large tree); thence
southeasterly following a line of cairns, approximately in a straight line to the
confluence of the River Bukwa (Kibukwa) with the River Suam (Swam);
thence following the thalweg of the River Suam, upstream, to the point where
the more northwesterly of the two streams forming the River Suam (Swam)
or Turkwell emerges from the crater of Mount Elgon; thence following a
straight line southwesterly to the highest point of Mount Elgon (Sudek).
From this point, the boundary continues following a straight line in a
northwesterly direction to the Wagagai summit of Mount Elgon; thence
following a straight line, southwesterly, to the source of the River Lwakhakha
(also known as the Malaba); thence following the thalweg of the River
Malaba to its intersection with the eastern side of the Majanji-Busia-Tororo
road at Map Reference XR 2765 (Sheet NA-36-15); thence in a southwesterly
direction following a line on the east side of and 100 feet distant from and
parallel to the centre line of the said road to its intersection with the River
Okame at Map Reference XR 2458 (Sheet NA-36-15); thence upstream
following the thalweg of the River Okame to its confluence with the River
Alupe; thence upstream following the thalweg of the River Alupe to a point
at Map Reference XR 2453 (Sheet NA-36-15) marked by a boundary cairn;
thence following successively in a southwesterly direction, a number of
boundary cairns at distances from each other of 550 feet, 1,226 feet, 959 feet,
976 feet, 1,007 feet, 580 feet, 1,512 feet, 463 feet, 2,364 feet (on the northern
side of the main Busia-Mumias road) and 1,436 feet at the source of the River
Sango at Map Reference XR 2251 (Sheet NA-36-15); thence downstream
following the thalweg of the River Sango to its confluence with the River
Sio; thence following the thalweg of the River Sio to its mouth in Lake
Victoria.
From this point, the boundary continues following a straight line
southwesterly to the most northerly point of Sumba Island; thence by the
western and southwestern shores of that island to its most southerly point;
thence following a straight line southeasterly to the most westerly point of
Mageta Island; thence following a straight line, still southerly, to the most
western point of Kiringiti Island; thence following a straight line southerly to
the most westerly point of Ilemba Island; thence following a straight line
southerly to the westernmost point of Pyramid Island; thence following a
straight line due south to a point on latitude 01000'S.
From this point the boundary continues following the 01000'S parallel to the
western shore of Lake Victoria; thence following the boundary pillars already
erected along the 01000'S as far as the second crossing of this line by the
River Kagera, between boundary pillars Nos. 27 and 26; thence following the
thalweg of the River Kagera, upstream, to its confluence with the River
Kakitumba; thence following the thalweg of the River Kakitumba, upstream,
to its confluence with the River Chizinga; hence following the River
Chizinga, upstream, to the source of its southwestern branch marked by BP
38, and continuing along the thalweg in a southwesterly direction to BP 37
on the saddle between the hills Mavari and Kitoff; thence northwesterly in a
straight line to a direction pillar on a knoll at the foot of the easterly spur of
Kitoff; thence in a straight line along the easterly spur of Kitoff to a direction
pillar; thence in a straight line to a direction pillar on the southeasterly spur
of Kitoff; thence in a straight line to BP 36 on the prominent southerly spur
of Kitoff; thence continuing around the slopes of the hill Kitoff marked by
direction pillars to BP 35 and by direction pillars along the westerly spur of
Kitoff and in a series of straight lines to BP 34; thence continuing to BPs 33
and 32 along the eastern slopes of the Mashuri range marked at each change
of direction by a direction pillar as far as BP 31 on a conspicuous small hill;
thence in a straight line in a southeasterly direction to another conspicuous
small hill marked by a direction pillar; thence in a straight line across the
River Muvumba to the southern summit of the hill Ndega (Mbega) marked
by BP 30; thence in a straight line to a direction pillar in the valley between
the hills Ndega and Kivisa; thence in a straight line to a direction pillar on the
northern spur of the hill Kivisa; thence in along the spur of this hill to its
summit marked by BP 29; thence continuing along a very conspicuous water
parting to the top of the hill Magumbizi marked by BP 28; thence along a line
marked by direction pillars following the long easterly spur of the hill
Nebishagara to its summit marked by BP 27; thence along the crest of the
conspicuous westerly spur to a direction pillar; thence in a straight line to a
direction pillar on a conspicuous knoll in the valley; thence along the crest of
a spur leading southwest and south to the summit of the hill Kitanga marked
by a direction pillar; thence in a straight line to the summit of the conspicuous
small hill Nyakara marked by a direction pillar; thence in a straight line
marked by a direction pillar in the valley to BP 26 on the northern crest of the
hill Kabimbiri; thence along the crest in a southerly direction to the top of
Kabimbiri marked by BP 25; thence along the crest of this hill in a
northwesterly direction, marked by direction pillars to BP 24; thence down
the crest of a prominent spur to BP 23 at its foot, as more particularly
delineated on Uganda 1/50,000 sheet 94/3 (Series Y 732). The boundary then
crosses the Kamuganguzi or Murinda swamp and follows the thalweg of the
Kiruruma swamp to a direction pillar at the edge of that swamp and thence
to BP 22 on a conspicuous knoll; thence in a west- southwesterly direction
marked by direction pillars along the spur of the hill Kisibo to its summit
marked by BP 21; thence in a straight line to BP 20 in the valley east of the
hill Sanja; thence in a straight line to the top of the hill Sanja marked by BP
19; thence in a straight line to the top of the hill Akasiru marked by a
direction pillar; thence in a straight line to BP 18 which is situated 4 km
northwest of the summit of the hill Gwassa; thence in a straight line to the
source of the River Kiruruma marked by BP 17; thence following the thalweg
of the River Kiruruma (Bigaga) downstream to BP 16 at its confluence with
the River Mugera (Narugwambu); thence in a straight line due west marked
by a direction pillar to BP 15; thence along the crest of the Vugamba range
by direction pillar to BP 14 on the hill Maberemere; thence by direction
pillars to BP 13 on the most northerly point of the range; thence by direction
pillars to the hill Kanyaminyenya marked by BP 12; thence continuing along
the crest of the Vugamba range to its southern summit marked by BP 11;
thence in a straight line to BP 10 on the top of the hill Lugendabare; thence
in a straight line to BP 9 on the hill Namujera; thence in a curved line marked
by BPs 8, 7, 6, 5 and 4 to the summit of the hill Musonga (East) marked by
BP 3 as more particularly delineated on Uganda 1/50,000 sheet 93/4 (Series
Y 732). The boundary continues along the crest of this hill in a southwesterly
direction marked by a direction pillar to BP 2 situated between the hills
Nyarubebsa and Musongo and on the track leading southwards; thence to the
summit of the hill Nyarubebsa marked by a direction pillar; thence in a
southwesterly direction along the spur referred to as the Mulemule-Musongo
spur to the highest point of Muhabura; thence along the watershed from the
highest point of Muhabura to the highest point of Mugahinga; thence in a
westerly direction to BP 1 on the north-south track running between
Mugahinga and Sabyinyo; thence along the watershed to the highest point of
Mount Sabyinyo the point of commencement.
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Third Schedule.
article 10(a).
Uganda’s indigenous communities as at 1st February, 1926.
1. Acholi
2. Alur
3. Baamba
4. Babukusu
5. Babwisi
6. Bafumbira
7. Baganda
8. Bagisu
9. Bagungu
10. Bagwe
11. Bagwere
12. Bahehe
13. Bahororo
14. Bakenyi
15. Bakiga
16. Bakonzo
17. Banyabindi
18. Banyankore
19. Banyara
20. Banyarwanda
21. Banyole
22. Banyoro
23. Baruli
24. Basamia
25. Basoga
26. Basongora
27. Batagwenda
28. Batoro
29. Batuku
30. Batwa
31. Chope
32. Dodoth
33. Ethur
34. Ik (Teuso)
35. Iteso
36. Jie
37. Jonam
38. Jopadhola
39. Kakwa
40. Karimojong
41. Kebu (Okebu)
42. Kuku
43. Kumam
44. Langi
45. Lendu
46. Lugbara
47. Madi
48. Mening
49. Mvuba
50. Napore
51. Nubi
52. Nyangia
53. Pokot
54. Sabiny
55. So (Tepeth)
56. Vonoma
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Fourth Schedule.
articles 15, 81, 82, 98, 108,
109, 111, 115, 149 and 256.
Oaths.
Oath of Allegiance.
I, _______________________________________ , swear in the name of the
Almighty God/solemnly affirm that I will be faithful and bear true allegiance
to the Republic of Uganda and that I will preserve, protect and defend the
Constitution. [So help me God.]
Oath of President/Vice President.
I, _________________________________________ , swear in the name of
the Almighty God/solemnly affirm that I shall faithfully exercise the
functions of the President/Vice President of Uganda and shall uphold,
preserve, protect and defend the Constitution and observe the laws of Uganda
and that I shall promote the welfare of the people of Uganda. [So help me
God.]
Judicial Oath.
I, _________________________________________ , swear in the name of
the Almighty God/solemnly affirm that I will well and truly exercise the
judicial functions entrusted to me and will do right to all manner of people
in accordance with the Constitution of the Republic of Uganda as by law
established and in accordance with the laws and usage of the Republic of
Uganda without fear or favour, affection or ill will. [So help me God].
Speaker/Deputy Speaker’s Oath.
I, _________________________________________ , swear in the name of
the Almighty God/solemnly affirm that I will at all times well and truly serve
the Republic of Uganda in the Office of Speaker/Deputy Speaker and that I
will support and uphold the Constitution of the Republic of Uganda as by law
established. [So help me God].
Oath of Minister.
I, ____________________________________________, being appointed a
Minister of Uganda swear in the name of the Almighty God/solemnly affirm
that I will at all times well and truly serve the Republic of Uganda in the
office of a Minister; and that I will support and uphold the Constitution of the
Republic of Uganda as by law established; and that I will to the best of my
judgment at all times when required, freely give my counsel and advice to the
President of Uganda and his/her successors in office as by law established for
the good management of the public affairs of the Republic of Uganda; and
that I will not directly or indirectly reveal any matter as shall come to my
knowledge in the discharge of my duties and committed to my secrecy. [So
help me God].
Oath of Member of Parliament.
I, ________________________________, swear in the name of the Almighty
God/solemnly affirm that I will give faithful service to this Parliament and
support and uphold the Constitution of the Republic of Uganda as by law
established. [So help me God.]
Oath of Secretary to the Cabinet.
I, ___________________________________________, being called upon
to exercise the functions of Secretary to the Cabinet of Uganda swear in the
name of the Almighty God/solemnly affirm that I will not directly or
indirectly reveal such matters as shall be debated by the Cabinet and
committed to my secrecy. [So help me God.]
_____
Fifth Schedule.
article 178.
Areas of cooperation among districts.
1. Culture.
2. Cultural and traditional lands.
3. Promotion of local languages, crafts and antiquities.
4. Education.
5. Inter- and intra-district roads.
6. Health.
7. Inter- and intra-district development projects.
8. Such other matters as the cooperating districts may resolve to be
handled in common subject to this Constitution.
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Sixth Schedule.
article 189.
Functions and services for which Government is responsible.
1. Arms, ammunition and explosives.
2. Defence, security, maintenance of law and order.
3. Banks, banking, promissory notes, currency and exchange control.
4. Subject to this constitution, taxation and taxation policy.
5. Citizenship, immigration, emigration, refugees, deportation,
extradition, passports and national identity cards.
6. Copyrights, patents and trademarks and all forms of intellectual
property; incorporation and regulation of business organisations.
7. Land, mines, mineral and water resources and the environment.
8. National parks, as may be prescribed by Parliament.
9. Public holidays.
10. National monuments, antiquities, archives and public records, as
Parliament may determine.
11. Foreign relations and external trade.
12. Regulation of trade and commerce.
13. Making national plans for the provision of services and coordinating
plans made by local governments.
14. National elections.
15. Energy policy.
16. Transport and communications policy.
17. National censuses and statistics.
18. Public services of Uganda.
19. The judiciary.
20. National standards.
21. Education policy.
22. National surveys and mapping.
23. Industrial policy.
24. Forest and game reserve policy.
25. National research policy.
26. Control and management of epidemics and disasters.
27. Health policy.
28. Agricultural policy.
29. Any matter incidental to or connected with the functions and services
mentioned in this Schedule.
_____
Seventh Schedule.
article 193.
Unconditional grant to local governments.
Unconditional grant is the minimum amount to be paid to the local
governments to run the decentralised services. For a given fiscal year, this
amount is equal to the amount paid to local governments in the preceding
fiscal year for the same items adjusted1 for general price changes plus or
minus the budgeted cost of running added or subtracted services; calculated
in accordance with the following formula—
Y1 = Yo + b Yo + X1
= (1+b)Yo + X1
Where—
Y1 is the minimum unconditional grant for the current fiscal
year;
Yo is the minimum unconditional grant in the preceding fiscal
year;
b is the percentage change, if any, in the general price levels
in the preceding fiscal year; and
X1 is the net change in the budgeted cost of running added and
subtracted services in the current year.
For the purposes of this formula the current fiscal year shall be taken to
commence with fiscal year 1995/96.
1 Note that the unconditional grant is equal to the sum of wage and nonwage
components. Therefore, the wage components should be adjusted for the
wage increase, if any, while the nonwage component is adjusted for the
changes in the general price levels.
_____
History: Constitution of 1995; S.I. 354/1995; Act 13/2000.
Cross References
Constitution of 1967.
Legal Notice No. 1 of 1986.
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