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.
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 Stateshall 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 thedetermination of civil rights and obligations
or anycriminal
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
vacancyinitsmembership.
(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 responsibilityfor 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
deputychairperson,
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)
(b)
(c)
providing for the organisation and administration of the
Uganda
Police Force;
ensuring that members of the Uganda Police Force are
recruited
from every district of Uganda; and
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 above
described 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.
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
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.
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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