- create and develop parks, reserves and recreation areas and ensure the conservation of natural resources;
- promote the rational use of natural resources so as to safeguard and protect the bio-diversity of Uganda.
Foreign Policy Objectives
XXVIII. Foreign policy objectives
-
The foreign policy of Uganda shall be based on the principles of-
- All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.
- 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.
- 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.
- 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.
- 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.
- 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 re-established 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.
- All citizens of Uganda shall have the right and duty at all times-
- to defend this Constitution, and in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and
- to do all in their power to restore this Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions.
4. Promotion of public awareness of Constitution
The State shall promote public awareness of this Constitution by-
- translating it into Ugandan languages and disseminating it as widely as possible; and
- 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 2. THE REPUBLIC
5. The Republic of Uganda
Type of government envisioned Subsidiary unit governmentas 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.
National capital Official or national languages6. Official language
-
The official language of Uganda is English.
7. Non-adoption of State religion
Uganda shall not adopt a State religion.
National anthem , National flag8. 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.
8A. National Interest
- Uganda shall be governed based on principles of national interest and common good enshrined in the national objectives and directive principles of state policy.
- Parliament shall make relevant laws for purposes of giving full effect to clause (1) of this article.
CHAPTER 3. CITIZENSHIP
Requirements for birthright citizenship9. Citizens of Uganda
Every person who, on the commencement of this Constitution, is a citizen of Uganda shall continue to be such a citizen.
Requirements for birthright citizenship10. Citizenship by birth
The following persons shall be citizens of Uganda by birth-
Citizenship of indigenous groups11. Foundlings and adopted children
Requirements for birthright citizenship Requirements for naturalization Requirements for naturalization12. Citizenship by registration
- Every person born in Uganda-
- at the time of whose birth-
- neither of his or her parents and none of his or her grandparents had diplomatic status in Uganda; and
- neither of his or her parents and none of his or her grandparents was a refugee in Uganda; and
shall, on application, be entitled to be registered as a citizen of Uganda.
Requirements for naturalization- 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;
- 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;
- every person who, on the commencement of this Constitution, has lived in Uganda for at least twenty years.
- annulled or otherwise declared void by a court or tribunal of competent jurisdiction; or
- dissolved,
that person shall, unless he or she renounces that citizenship, continue to be a citizen of Uganda.
Requirements for naturalization13. Citizenship by naturalisation
Parliament shall by law provide for the acquisition and loss of citizenship by naturalisation.
Conditions for revoking citizenship14. 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-
- [Repealed]
- voluntary service in the armed forces or security forces of a country hostile to, or at war with Uganda;
- acquisition of Uganda citizenship by fraud, deceit, bribery, or having made intentional and deliberate false statements in his or her application for citizenship; and
- espionage against Uganda.
15. Prohibition of dual citizenship
- A citizen of Uganda of eighteen years and above, who voluntarily acquires the citizenship of a country other than Uganda may, retain the citizenship of Uganda subject to this Constitution and any law enacted by Parliament.
- A person who is not a citizen of Uganda may, on acquiring the citizenship of Uganda, subject to this Constitution and any law enacted by Parliament, retain the citizenship of another country.
- [Repealed]
- [Repealed]
- 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.
- Parliament shall by law prescribe the circumstances under which-
- a citizen of Uganda who acquires the citizenship of another country may retain the citizenship of Uganda;
- a citizen of Uganda whose citizenship of origin is of another country and who holds the citizenship of another country may cease to be a citizen of Uganda;
- a person who is not a citizen of Uganda may, on acquiring Uganda citizenship retain the citizenship of another country.
16. National Citizenship and Immigration Board
- There shall be a National Citizenship and Immigration Board.
- The Board shall consist of a Chairperson, a Deputy Chairperson and such other members as Parliament shall by law prescribe.
- The members of the Board shall-
- be persons of high moral character and proven integrity and appointed by the President with the approval of Parliament;
- hold office for such period and on such terms and conditions as Parliament shall by law prescribe.
17. Duties of a citizen
-
It is the duty of every citizen of Uganda-
- 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.
- 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.
- 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.
- 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, or social or economic standing, political opinion or disability.
- 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, or social or economic standing, political opinion or disability.
- Nothing in this article shall prevent Parliament from enacting laws that are necessary for-
- implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or
- making such provision as is required or authorised to be made under this Constitution; or
- providing for any matter acceptable and demonstrably justified in a free and democratic society.
22. Protection of right to life
- 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.
- 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
- No person shall be deprived of personal liberty except in any of the following cases-
- 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;
- in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law;
- 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;
- for the purpose of preventing the spread of an infectious or contagious disease;
- 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;
- for the purpose of bringing him or her before a court in execution of an order of a court; or
- 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.
- 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;
- the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and
- 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.
- 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;
- in the case of an offence which is triable by the High Court as well as by a subordinate court, if that person has been remanded in custody in respect of the offence for sixty days before trial, that person shall be released on bail on such conditions as the court considers reasonable;
- in the case of an offence triable only by the High Court, if that person has been remanded in custody for one hundred and eighty days before the case is committed to the High Court, that person shall be released on bail on such conditions as the court considers reasonable;
24. Respect for human dignity and protection from inhuman treatment
No person shall be subjected to any form of torture, cruel, inhuman or degrading treatment or punishment.
Prohibition of slavery25. Protection from slavery, servitude and forced labour
- No person shall be held in slavery or servitude.
- No person shall be required to perform forced labour.
- For the purposes of this article, "forced labour" does not include-
- any labour required in consequence of the sentence or order of a court;
- 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;
26. Protection from deprivation of property
Right to own property Protection from expropriation- 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
- the compulsory taking of possession or acquisition of property is made under a law which makes provision for-
- prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property; and
- 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
- No person shall be subjected to-
- unlawful search of the person, home or other property of that person; or
- unlawful entry by others of the premises of that person.
28. Right to a fair hearing
Right to public trial , Right to speedy trial Right to public trial Presumption of innocence in trials Trial in native language of accused Right to counsel Right to counsel Trial in native language of accused Right to examine evidence/witnesses- paragraph (a) of clause (3) 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;
- paragraph (g) of clause (3) 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.
29. Protection of freedom of conscience, expression, movement, religion, assembly and association
-
Every person shall have the right to-
- 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.
- Laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any other marginalised group to which clause (1) relates or which undermine their status, are prohibited by this Constitution.
- There shall be a Commission called the Equal Opportunities Commission whose composition and functions shall be determined by an Act of Parliament.
- The Equal Opportunities Commission shall be established within one year after the coming into force of the Constitution (Amendment) Act, 2005.
- Parliament shall make laws for the purpose of giving full effect to this article.
- Every Uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law.
- Every Ugandan has a right to participate in peaceful activities to influence the policies of government through civic organisations.
- 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.
- 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.
- 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.
- Public interest under this article shall not permit-
- political persecution;
- detention without trial;
- 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-
Prohibition of cruel treatment , Prohibition of torture Prohibition of slavery Right to fair trial Protection from unjustified restraint45. 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.
Emergency provisionsHuman Rights and Freedoms During a State of Emergency
46. Effect of laws enacted for state of emergency
- 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.
- 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.
- 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-
- 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;
- 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.
- 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 Uganda Human Rights Commission
- 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.
- A person who is restricted or detained shall be permitted and afforded every possible facility-
- 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;
- to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case.
49. Report to Parliament
- In every month in which there is a sitting of Parliament, the Minister responsible shall make a report to Parliament in respect of-
- the number of persons restricted or detained under the state of emergency; and
- the action taken in compliance with the findings of the Uganda Human Rights Commission.
- the number and names and addresses of the persons restricted or detained;
- the number of cases reviewed by the Uganda Human Rights Commission; and
- the action taken in compliance with the findings of the Uganda Human Rights Commission.
Enforcement of Rights and Freedoms by Courts
50. Enforcement of rights and freedoms by courts
Ultra-vires administrative actions Right to appeal judicial decisions Human rights commissionUganda Human Rights Commission
51. Uganda Human Rights Commission
- There shall be a Commission called the Uganda Human Rights Commission.
- The Commission shall be composed of a Chairperson and not less than three other persons appointed by the President with the approval of Parliament.
- The Chairperson of the Commission shall be a Judge of the High Court or a person qualified to hold that office.
- 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 Human Rights Commission
- The Commission shall have the following functions-
- 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;
- 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;
- to establish a continuing programme of research, education and information to enhance respect of human rights;
- establish its operational guidelines and rules of procedure;
- request the assistance of any department, bureau, office, agency or person in the performance of its functions; and
- observe the rules of natural justice.
53. Powers of the Commission
- In the performance of its functions, the Commission shall have the powers of a court-
- 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;
- to question any person in respect of any subject matter under investigation before the Commission;
- to require any person to disclose any information within his or her knowledge relevant to any investigation by the Commission; and
- to commit persons for contempt of its orders.
- the release of a detained or restricted person;
- payment of compensation; or
- any other legal remedy or redress.
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 Commission
- The Commission shall be self-accounting and all the administrative expenses of the Commission including salary, allowances and pensions payable to persons serving with the Commission shall be charged on the Consolidated Fund.
- 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 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 Commission
Parliament may make laws to regulate and facilitate the performance of the functions of the Uganda Human Rights Commission.
CHAPTER 5. REPRESENTATION OF THE PEOPLE
Right to vote
Restrictions on voting59. Right to vote
Minimum age of head of state , Minimum age for first chamber State support for the disabled Electoral commissionElectoral Commission
60. Electoral Commission
- 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.
- 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.
- The members of the Commission shall hold office for seven years and their appointment may be renewed for one more term only.
- 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.
- 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 member of Parliament; or
- a member of a local government council; or
- a member of the executive of a political party or political organisation; or
- a public officer.
- inability to perform the functions of his or her office arising out of physical or mental incapacity;
- misbehaviour or misconduct; or
- incompetence.
61. Functions of Electoral Commission
-
The Electoral Commission shall have the following functions-
- Any person aggrieved by a decision of the Electoral Commission in respect of any of the complaints referred to in paragraph (f) of article 61 of this Constitution, may appeal to the High Court.
- 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.
- A person aggrieved by a decision of the tribunal made under clause (2) of this article, may appeal to the High Court.
- A decision of the High Court on an appeal under clause (1) or clause (3) of this article shall be final.
- Parliament shall make laws providing for procedure for the expeditious disposal of appeals referred to in this article.
- Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively.
- The Commission shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances.
- 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.
- the polling station;
- the number of votes cast in favour of each candidate or question;
- the movement political system;
- the multi-party political system; and
- any other democratic and representative political system.
- The movement political system is broad based, inclusive and non-partisan and shall conform to the following principles-
- participatory democracy;
- democracy, accountability and transparency;
- accessibility to all positions of leadership by all citizens;
- individual merit as a basis for election to political offices.
- create organs under the movement political system and define their roles; and
- prescribe from time to time, any other democratic principle of the movement political system, as it may consider necessary.
71. Multi-party political system
- A political party in the multi-party political system shall conform to the following principles-
- every political party shall have a national character;
- membership of a political party shall not be based on sex, ethnicity, religion, or other sectional division;
- the internal organisation of a political party shall conform to the democratic principles enshrined in this Constitution;
- 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;
- political parties shall be required by law to account for the sources and use of their funds and assets;
- 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 parties or political organisations
Right to form political parties Restrictions on political parties Campaign financing Restrictions on political parties73. Regulations of political organisations
- Subject to the provisions of this Constitution, but notwithstanding the provisions of paragraph (e) of clause (1) of article 29 and article 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.
- 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
-
A referendum shall be held for the purpose of changing the political system-
- There shall be a Parliament of Uganda.
- The composition and functions of Parliament shall be as prescribed by this Constitution.
- 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.
- 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.
- Parliament shall protect this Constitution and promote the democratic governance of Uganda.
- is of unsound mind;
- is holding or acting in an office the functions of which involve a responsibility for or in connection with the conduct of an election;
- is a traditional or cultural leader as defined in clause (6) of article 246 of this Constitution;
- has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged; or
- 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.
- has, within the seven years immediately preceding the election, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
- has, within the seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the Electoral Commission.
- the registrar of the court shall transmit to the Clerk to Parliament a copy of the judgment of the court within ten days after the declaration; and
- the Clerk to Parliament shall notify the Electoral Commission in writing of the vacancy within ten days after receiving the judgment from the registrar of the court.
- There shall be a Speaker and Deputy Speaker of Parliament.
- The Speaker and Deputy Speaker shall be elected by members of Parliament from among their number.
- 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.
- Subject to clause (4) of article 81 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.
- 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.
- An election to the office of Deputy Speaker shall be held at the first sitting of Parliament after that office becomes vacant.
- The Speaker or Deputy Speaker shall vacate his or her office-
- if he or she is appointed to any public office;
- if he or she becomes a Minister;
- if he or she resigns his or her office by writing signed by him or her addressed to the Clerk to Parliament;
- if he or she ceases to be a member of Parliament; or
- if he or she is removed by resolution of Parliament supported by not less than two-thirds of all members of Parliament.
82A. Leader of the opposition
- Under the multi organisations or multiparty form of democracy, there shall be, in Parliament, a leader of the opposition.
- Parliament shall, by law, prescribe the following in respect of the Leader of the Opposition-
- how he or she is chosen and how he or she ceases to hold that office;
- his or her status;
- his or her role and functions; and
- the benefits and privileges attached to his or her office.
83. Tenure of office of members of Parliament
- A member of Parliament shall vacate his or her seat in Parliament-
- if he or she resigns his or her office in writing signed by him or her and addressed to the Speaker;
- 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;
- subject to the provisions of this Constitution, upon dissolution of Parliament;
84. Right of recall
- 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.
- A member of Parliament may be recalled from that office on any of the following grounds-
- physical or mental incapacity rendering that member incapable of performing the functions of the office; or
- misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to the office; or
- persistent deserting of the electorate without reasonable cause.
- declare the seat vacant, if the Electoral Commission reports that it is satisfied from the inquiry, with the genuineness of the petition; or
- declare immediately that the petition was unjustified, if the Commission reports that it is not satisfied with the genuineness of the petition.
85. Emoluments of members of Parliament
Compensation of legislators Outside professions of legislators86. Determination of questions of membership
- The High Court shall have jurisdiction to hear and determine any question whether-
- a person has been validly elected a member of Parliament or the seat of a member of Parliament has become vacant; or
- a person has been validly elected as Speaker or Deputy Speaker or having been so elected, has vacated that office.
- the persons eligible to apply to the High Court for determination of any question under this article; and
- the circumstances and manner in which and the conditions upon which any such application may be made.
87. Clerk to Parliament and other staff of Parliament
- There shall be a public officer designated Clerk to Parliament appointed by the President acting in accordance with the advice of the Public Service Commission.
- There shall also be such other members of staff as may be necessary for the efficient discharge of the functions of Parliament.
- The other staff referred to in clause (2) shall be public officers who shall, notwithstanding articles 166 and 172, be appointed, disciplined and removed by the Parliamentary Commission subject to any law made by Parliament.
- The salary, emoluments and gratuity of the staff of Parliament shall be determined by Parliament subject to article 93 of this Constitution.
87A. Parliamentary Commission
There shall be a Commission called the Parliamentary Commission whose composition and functions shall be prescribed by Parliament by law.
Procedure of Parliament
Quorum for legislative sessions88. Quorum of Parliament
- The quorum of Parliament shall be prescribed by the rules of procedure of Parliament made under article 94 of this Constitution.
- For the avoidance of doubt, the rules of procedure of Parliament may prescribe different quorums for different purposes.
89. Voting in Parliament
- 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.
- 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
- Parliament shall appoint committees necessary for the efficient discharge of its functions.
- Parliament shall, by its rules of procedure, prescribe the powers, composition and functions of its committees.
- In the exercise of their functions under this article, committees of Parliament-
- enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
- compelling the production of documents; and
- issuing a commission or request to examine witnesses abroad.
91. Exercise of legislative powers
- 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.
- A bill passed by Parliament shall, as soon as possible, be presented to the President for assent.
- The President shall, within thirty days after a bill is presented to him or her-
- assent to the bill; or
- return the bill to Parliament with a request that the bill or a particular provision of it be reconsidered by Parliament; or
- notify the Speaker in writing that he or she refuses to assent to the bill.
92. Restriction on retrospective legislation
Parliament shall not pass any law to alter the decision or judgement of any court as between the parties to the decision or judgement.
93. Restriction on financial matters
Parliament shall not, unless the bill or the motion is introduced on behalf of the Government-
-
proceed upon a bill, including an amendment bill, that makes provision for any of the following-
- the Speaker shall determine the order of business in Parliament and shall give priority to Government business;
- a member of Parliament has the right to move a private member's bill;
- 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
- the office of the Attorney-General shall afford the member moving the private member's bill professional assistance in the drafting of the bill.
- 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.
- 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.
- The Speaker may, after consultation with the President, prorogue Parliament by proclamation.
- 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.
- The executive authority of Uganda is vested in the President and shall be exercised in accordance with this Constitution and the laws of Uganda.
- The President shall execute and maintain this Constitution and all laws made under or continued in force by this Constitution.
- is of unsound mind;
- is holding or acting in an office the functions of which involve a responsibility for or in connection with the conduct of an election;
- is a traditional or cultural leader as defined in article 246(6) of this Constitution;
- has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged;
- 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;
- has, within seven years immediately preceding the election, been convicted by a competent court of an offence involving dishonesty or moral turpitude; or
- has, within seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the Electoral Commission.
- 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
- the nomination is supported by one hundred voters in each of at least two-thirds of all the districts in Uganda.
- 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.
- A petition under clause (1) of this article shall be lodged in the Supreme Court registry within fifteen days after the declaration of the election results.
- The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings and reasons not later than forty five days from the date the petition is filed.
- 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.
- After due inquiry under clause (3) of this article, the Supreme Court may-
- dismiss the petition; or
- declare which candidate was validly elected; or
- annul the election.
105. Tenure of office of President
Head of state term length Head of state term limits Constitution amendment procedure-
it is supported at the second and third reading in Parliament by not less than two thirds of all Members of Parliament; and
- on the expiration of the period specified in this article; or
- if the incumbent dies or resigns or ceases to hold office under article 107 of this Constitution.
106. Terms and conditions of service of President
- The President shall be paid a salary and allowances and afforded such other benefits as Parliament shall by law provide.
- 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 paragraph (a) or (b) of clause (1) of article 107 of this Constitution.
- The salary, allowances and other benefits granted to a President under this article shall be charged on the Consolidated Fund.
- The President is exempted from direct personal taxation on allowances and other benefits except on the official salary.
- 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.
- 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.
- The retirement benefits granted to a President under this article shall not be varied to the disadvantage of the President.
107. Removal of President
- The President may be removed from office in accordance with this article on any of the following grounds-
- abuse of office or wilful violation of the oath of allegiance and the presidential oath or any provision of this Constitution;
- misconduct or misbehaviour-
- 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
- that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of Uganda; or
- 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-
- 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 paragraph (a) of clause (1) of this article;
- misconducted himself or herself or misbehaved in terms of paragraph (b) of clause (1) of this article; and
- 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
- giving particulars of the alleged incapacity.
108. Vice-President
- There shall be a Vice-President of Uganda.
- The President shall, with the approval of Parliament by a simple majority, appoint a Vice-President.
- The Vice-President shall-
- deputise for the President as and when the need arises; and
- 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.
- the appointment is revoked by the President; or
- the incumbent resigns or dies.
108A. Prime Minister
Name/structure of executive(s) , Head of government selection- be the Leader of Government Business in Parliament and be responsible for the coordination and implementation of Government policies across ministries, departments and other public institutions; and
- 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 or by law.
- the appointment is revoked by the President;
- the incumbent resigns or dies; or
- the incumbent becomes disqualified to be a member of Parliament.
109. Absence of President
- 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 clause (8) of article 103 of this Constitution.
- Elections for the President under this article shall be held within six months after the death, resignation or removal of the President.
- No elections shall be held under this article if the residual term of the President is one year or less.
- 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.
- 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.
- 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.
110. State of emergency
- 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-
- in which Uganda or that part of it is threatened by war or external aggression; or
- in which the security or the economic life of the country or that part, is threatened by internal insurgency or natural disaster; or
- 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.
The Cabinet
Establishment of cabinet/ministers111. The Cabinet
-
There shall be a Cabinet which shall consist of the President, the Vice-President, the Prime Minister and such number of Ministers as may appear to the President to be reasonably necessary for the efficient running of the State.
112. Meetings of Cabinet
- 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.
- The Cabinet shall regulate the procedure of its meetings.
113. Cabinet Ministers
Cabinet selection , Eligibility for cabinet114. Other Ministers
- The President may, with the approval of Parliament, appoint other Ministers to assist Cabinet Ministers in the performance of their functions.
- Subject to the provisions of this article, clause (1) of article 113 of this Constitution shall apply to the appointment of Ministers under clause (1) of this article.
- The total number of Ministers appointed under this article shall not exceed twenty-one except with the approval of Parliament.
- 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.
- Clause (4) of article 113 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
Cabinet removal , Head of government removalThe office of a Minister shall become vacant-
- if the appointment of the holder of the office is revoked by the President; or
- if the holder-
- resigns;
- becomes disqualified to be a member of Parliament; or
- 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.
Head of government removal , Cabinet removal118. Vote of censure
- 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-
- abuse of office or wilful violation of the oath of allegiance or oath of office;
- misconduct or misbehaviour;
- 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;
- mismanagement; or
- incompetence.
119. Attorney-General
- There shall be an Attorney-General who shall be a Cabinet Minister appointed by the President with the approval of Parliament.
- 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.
- The Attorney-General shall be the principal legal adviser of the Government.
- The functions of the Attorney-General shall include the following-
- to give legal advice and legal services to the Government on any subject;
119A. Deputy Attorney-General
- There shall be a Deputy Attorney General who shall be a Minister appointed by the President under article 114 with the approval of Parliament.
- A person shall not be qualified to be appointed Deputy Attorney General unless he or she is qualified to practise as an advocate of the High Court and has so practiced or gained the necessary experience for not less than seven years.
- The Deputy Attorney General shall deputise for the Attorney General.
Director of Public Prosecutions
120. Director of Public Prosecutions
- 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.
- 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.
- The functions of the Director of Public Prosecutions are the following-
- to direct the police to investigate any information of a criminal nature and to report to him or her expeditiously;
- to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial;
- to take over and continue any criminal proceedings instituted by any other person or authority;
- to discontinue at any stage before judgement 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.
- may, in the case of the functions under paragraphs (a), (b) and (c) of clause (3) 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
- shall, in the case of the functions under paragraph (d) of that clause, be exercised by him or her exclusively.
Prerogative Mercy
Advisory bodies to the head of state121. Prerogative of mercy
- There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-
- the Attorney-General who shall be Chairperson; and
- six prominent citizens of Uganda appointed by the President.
- if circumstances arise that would disqualify him or her from appointment; or
- 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.
- grant to any person convicted of an offence, a pardon either free or subject to lawful conditions;
- 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;
- substitute a less severe form of punishment for a punishment imposed on a person for an offence; or
- 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.
International Relations
Foreign affairs representative , Head of state powers122. Diplomatic representation
- The President may, with the approval of Parliament, appoint Ambassadors and Heads of Diplomatic missions.
- The President may receive envoys accredited to Uganda.
123. Execution of treaties, conventions and agreements
International organizationsDeclaration of a State of War
Power to declare/approve war124. Declaration of a state of war
- 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.
- 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.
National Planning Authority
125. National Planning Authority
There shall be a National Planning Authority whose composition and functions shall be prescribed by Parliament.
CHAPTER 8. THE JUDICIARY
Administration of Justice
126. Exercise of judicial power
- 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.
- In adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principles-
- justice shall be done to all irrespective of their social or economic status;
- justice shall not be delayed;
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.
Judicial independence128. Independence of the Judiciary
- 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.
- No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions.
- 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.
- 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.
- 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.
- The Judiciary shall be self-accounting and may deal directly with the Ministry responsible for finance in relation to its finances.
The Courts of Judicature
Structure of the courts129. The courts of Judicature
- The judicial power of Uganda shall be exercised by the Courts of Judicature which shall consist of-
- the Supreme Court of Uganda;
- the Court of Appeal of Uganda;
- the High Court of Uganda; and
The Supreme Court of Uganda
Structure of the courts , Number of supreme court judges130. Supreme Court of Uganda
The Supreme Court shall consist of-
- the Chief Justice; and
- 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
-
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.
132. Jurisdiction of Supreme Court
- The Supreme Court shall be the final court of appeal.
- An appeal shall lie to the Supreme Court from such decisions of the Court of Appeal as may be prescribed by law.
133. Administrative functions of the Chief Justice
- The Chief Justice-
- shall be the head of the judiciary and shall be responsible for the administration and supervision of all courts in Uganda; and
- may issue orders and directions to the courts necessary for the proper and efficient administration of justice.
The Court of Appeal of Uganda
Structure of the courts134. Court of Appeal of Uganda
- The Court of Appeal of Uganda shall consist of-
- the Deputy Chief Justice; and
- such number of Justices of Appeal not being less than seven as Parliament may by law prescribe.
135. Composition of the Court of Appeal
- 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.
- 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.
- 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-
- consisting of such numbers of Justices of Appeal as may be assigned to them by the Chief Justice;
- 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
- Subject to the provisions of article 133 of this Constitution, the Deputy Chief Justice shall-
- deputise for the Chief Justice as and when the need arises;
- be the head of the Court of Appeal and in that capacity assist the Chief Justice in the administration of that Court; and
- perform such other functions as may be delegated or assigned to him or her by the Chief Justice.
- the office of the Deputy Chief Justice is vacant; or
- the Deputy Chief Justice is acting as Chief Justice; or
- 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
Constitutional interpretation137. Questions as to interpretation of the Constitution
- Any question as to the interpretation of this Constitution shall be determined by the Court of Appeal sitting as the Constitutional Court.
- When sitting as a Constitutional Court, the Court of Appeal shall consist of a bench of five members of that Court.
- an Act of Parliament or any other law or anything in or done under the authority of any law; or
- 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.
Ultra-vires administrative actions- grant an order of redress; or
- refer the matter to the High Court to investigate and determine the appropriate redress.
- may, if it is of the opinion that the question involves a substantial question of law; and
- 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.
The High Court of Uganda
Structure of the courts138. High Court of Uganda
- The High Court of Uganda shall consist of-
- the Principal Judge; and
- such number of Judges of the High Court as may be prescribed by Parliament.
139. Jurisdiction of High Court
- 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.
- 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
- Where any question is before the High Court for determination under clause (1) of article 86 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.
- 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 Principle Judge
- Subject to the provisions of article 133 of this Constitution, the Principal Judge shall-
- 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
- perform such other functions as may be delegated or assigned to him or her by the Chief Justice.
- the office of Principal Judge is vacant; or
- 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
Establishment of judicial council142. Appointment of judicial officers
Ordinary court selection , Supreme court selection- the office of a Justice of the Supreme Court or a Justice of Appeal or a Judge of the High Court is vacant; or
- 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
- 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.
143. Qualifications for appointment of judicial officers
-
A person shall be qualified for appointment as-
- 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
- in the case of the Principal Judge and a Judge of the High Court, on attaining the age of sixty five years; or
- in each case, subject to clause (7) of article 128 of this Constitution, on attaining such other age as may be prescribed by Parliament by law;
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence;
- 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; or
- 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
- 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.
- There shall be a Judicial Service Commission.
- 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 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;
- one person nominated by the Public Service Commission;
- two advocates of not less than fifteen years' standing nominated by the Uganda Law Society;
- 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
- two members of the public, who shall not be lawyers, nominated by the President.
- at the expiration of four years from the date of his or her appointment but is eligible for reappointment for one more term; or
- 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
- 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.
147. Functions of Judicial Service Commission
Establishment of judicial council- 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;
- subject to the provisions of this Constitution, to review and make recommendations on the terms and conditions of service of judges, other judicial officers and staff of the judiciary appointed in accordance with article 148 A of this Constitution;
- 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;
- 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;
- to advise the Government on improving the administration of justice; and
- any other function prescribed by this Constitution or by Parliament.
- 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
- the office of Chief Registrar and 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 clause (3) of article 147 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.
Establishment of judicial council148A. Appointment of staff of the judiciary
Notwithstanding article 172(1)(b), the Judicial Service Commission shall be responsible for the appointment, discipline and removal of such staff of the judiciary as may be prescribed by Parliament by law.
Oaths to abide by constitution149. 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 Judiciary
- Subject to the provisions of this Constitution, Parliament may make laws providing for the structures, procedures and functions of the Judiciary.
- 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 Judge or any person who presides over a court or tribunal howsoever described;
- the Chief Registrar or a Registrar of a court;
- such other person holding any office connected with a court as may be prescribed by law.
CHAPTER 9. FINANCE
General
152. Taxation
- No tax shall be imposed except under the authority of an Act of Parliament.
- 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.
- Parliament shall make laws to establish tax tribunals for the purposes of settling tax disputes.
153. Consolidated Fund
- There shall be a Consolidated Fund into which shall be paid all revenues or other moneys raised or received for the purpose of, or on behalf of, or in trust for the Government.
- The revenues or other moneys referred to in clause (1) of this article shall not include revenues or other moneys-
- that are payable by or under an Act of Parliament, into some other fund established for a specific purpose; or
- 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
- No moneys shall be withdrawn from the Consolidated Fund except-
- to meet expenditure charged on the fund by this Constitution or by an Act of Parliament; or
- where the issue of those moneys has been authorised by an Appropriation Act a Supplementary Appropriation Act or as provided under clause (4) of this article.
- 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
- 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
- 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.
- 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.
- 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.
156. Appropriation Bill
- 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.
- If in respect of any financial year it is found-
- 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
- that any moneys have been expended for any purpose in excess of the amount appropriated for that purpose or for a purpose for which 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.
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 Consolidated Fund
- 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.
- 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
- Subject to the provisions of this Constitution, Government may borrow from any source.
- 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.
- An Act of Parliament made under clause (2) of this article shall provide-
- 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
- that any moneys 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.
- the extent of the total indebtedness by way of principal and accumulated interest;
- the provision made for servicing or repayment of the loan; and
- the utilisation and performance of the loan.
- moneys from the Consolidated Fund or any other public fund may be used for payment or repayment; or
- moneys 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.
160. Public Debt
- The Public Debt of Uganda shall be charged on the Consolidated Fund and other public funds of Uganda.
- 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
Central bank161. The central bank
- The Bank of Uganda shall be the central bank of Uganda and it shall be the only authority to issue the currency of Uganda.
- 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.
- The Governor, the Deputy Governor and all other members of the Board shall-
- be appointed by the President with the approval of Parliament;
- hold office for a term of five years but shall be eligible for re-appointment.
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence.
162. Functions of the Bank
- The Bank of Uganda shall-
- promote and maintain the stability of the value of the currency of Uganda;
- regulate the currency system in the interest of the economic progress of Uganda;
- 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
- do all such other things not inconsistent with this article, as may be prescribed by law.
Auditor-General
163. Auditor-General
- There shall be an Auditor-General who shall be appointed by the President with the approval of Parliament.
- A person shall not be appointed Auditor-General unless that person-
- is a qualified accountant of not less than fifteen years' standing; and
- is a person of high moral character and proven integrity.
- 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
- conduct financial and value for money audits in respect of any project involving public funds.
- in consultation with the Public Service Commission, employ and discipline his or her own staff;
- have power to engage private auditors to assist him or her in the performance of his or her functions.
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence.
164. Accountability
- 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.
- 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.
- Parliament shall monitor all expenditure of public funds.
CHAPTER 10. THE PUBLIC SERVICE
Public Service Commission
165. Public Service Commission
- There shall be a Public Service Commission.
- The Commission shall consist of a Chairperson, a Deputy Chairperson and seven other members appointed by the President with the approval of Parliament.
- 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.
- 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 member of Parliament;
- a member of a local government council;
- a member of the executive of a political party or political organisation; or
- a public officer.
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence.
166. Functions of Public Service Commission
- Except as otherwise provided in this Constitution, the functions of the Public Service Commission include-
- to advise the President in performing his or her functions under article 172 of this Constitution;
- 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;
- 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 Government;
- to guide and co-ordinate District Service Commissions;
- to hear and determine grievances from persons appointed by District Service Commissions; and
- to perform such other functions as may be prescribed by this Constitution or any other law.
Education Service Commission
167. Education Service Commission
- There shall be an Education Service Commission.
- The Commission shall consist of a Chairperson and six other members appointed by the President with the approval of Parliament.
- The President shall appoint not more than two members of the Commission as Deputy Chairpersons of the Commission.
- 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.
- 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 member of Parliament;
- a member of a local government council;
- a member of the executive of a political party or political organisation;
- a member of any board or other authority responsible for the management of any school or college; or
- a public officer.
- inability to perform the functions of his or her office arising from infirmity of body or mind; or
- misbehaviour or misconduct; or
- incompetence.
168. Functions of Education Service Commission
- Subject to the provisions of this Constitution, the Education Service Commission shall-
- advise the President in performing, in relation to the education service, his or her functions under article 172 of this Constitution;
- 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;
- 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 Government;
- perform such other functions as may be prescribed by this Constitution or any other law.
Health Service Commission
169. Health Service Commission
- There shall be a Health Service Commission.
- 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.
- The President shall appoint one member of the Commission as Deputy Chairperson of the Commission.
- A person is not qualified to be a member of the Commission unless he or she is of high moral character and proven integrity.
- A person holding any of the following offices shall relinquish his or her office on appointment as a member of the Commission-
- a member of Parliament;
- a member of a local government council;
- a member of the executive of a political party or political organisation;
- a member of any board or other authority responsible for the management of any Government hospital or similar Government establishment; or
- a public officer.
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence.
170. Functions of Health Service Commission
- Subject to the provisions of this Constitution, the Health Service Commission shall-
- advise the President in performing, in relation to the health service, his or her functions under article 172 of this Constitution;
- 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;
- 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 Government;
- perform such other functions as may be prescribed by this Constitution or any other law.
General
Head of state powers171. 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.
Head of state powers172. Appointment of public officers
- Subject to the provisions of this Constitution-
- 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;
- 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.
173. Protection of public officers
A public officer shall not be-
- victimized or discriminated against for having performed his or her duties faithfully in accordance with this Constitution; or
- dismissed or removed from office or reduced in rank or otherwise punished without just cause.
173A. Head of the Public Service
- There shall be a Head of the Public Service who shall be appointed by the President acting on the advice of the Public Service Commission.
- The functions of the Head of the Public Service are as follows-
- tendering advice to the President on matters relating to the Public Service;
- coordination of the activities of Permanent Secretaries;
- supervision of the work of Permanent Secretaries;
- serving as a link between the Executive and the Public Service;
- serving as a link between Service Commissions;
- ensuring the implementation of Cabinet and other Government decisions; and
- any other duties assigned to him or her from time to time by the President.
174. Permanent Secretaries
- 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.
- A Permanent Secretary shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
- The functions of a Permanent Secretary under this article include-
- organisation and operation of the department or ministry;
- tendering advice to the responsible Minister in respect of the business of the department or ministry;
- implementation of the policies of the Government of Uganda;
- 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-
-
"public officer" means any person holding or acting in an office in the public service;
"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 moneys provided by Parliament.
CHAPTER 11. LOCAL GOVERNMENT
Principles and Structures of Local Government
Municipal government176. Local government system
- Subject to article 178, the system of local government in Uganda shall be based on the district as a unit under which there shall be such local governments and administrative units as Parliament may, by law, provide.
- The following principles shall apply to the local government system-
- 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 co-ordinated manner;
- 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;
- the system shall be such as to ensure the full realisation of democratic governance at all local government levels;
- there shall be established for each local government unit a sound financial base with reliable sources of revenue;
- 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 jurisdiction;
- persons in the service of local government shall be employed by the local governments; and
- 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.
177. Districts of Uganda
- Subject to the provisions of this Constitution, for the purposes of local government, Uganda shall be divided into the districts referred to in clause (2) of article 5 of this Constitution.
- 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. Regional governments
-
Two or more districts may cooperate to form a regional government to perform the functions and services specified in the Fifth Schedule to this Constitution.
- the proposal to join the regional government has been approved by resolution of the district council by a majority of two thirds of the members of the district council; and
- the decision of the district council has been ratified by not less than two-thirds of the sub county councils in the district.
- in Buganda, Mengo Municipality which shall be created by Parliament;
- in Bunyoro, Hoima Municipality which shall be created by Parliament;
- in Busoga, Jinja Municipality;
- in Acholi, Gulu Municipality; and
- in Lango, Lira Municipality.
178A. Grants for districts not forming regional governments
- A district which does not wish or is not able to enter into a cooperation arrangement to form a regional government shall be paid an equalization grant.
- The equalization grant payable under clause (1) shall be based on the incremental costs met by the Central Government in managing the regional government.
- The President shall cause to be presented to Parliament, proposals for the money to be paid out of the Consolidated Fund as equalization grant under clause (1).
- The proposals made under clause (3) 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 money that are to be paid to each district.
179. Boundaries of local government units
- Subject to the provisions of this Constitution, Parliament may-
- alter the boundaries of districts; and
- create new districts.
180. Local government councils
- 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.
- Parliament shall by law prescribe the composition, qualifications, functions and electoral procedures in respect of local government councils, except that-
- the person elected as District Chairperson of a local government shall be a member of the council;
- one third of the membership of each local government council shall be reserved for women; and
- 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;
- Parliament shall exercise similar powers of review as stipulated in clause (2) of article 78 of this Constitution, in relation to paragraphs (b) and (c) of this clause.
181. Elections of local government councils
- 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.
- 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.
- The demarcation of electoral areas shall ensure that a sub-county, a town council or an equivalent part of a municipality is represented at the district council by at least one person.
- All local government councils shall be elected every seven years.
- Subject to article 61 of this Constitution, elections of all local government councils shall take place on such date as the Electoral Commission shall determine in accordance with the law.
182. Revocation of mandate
- Subject to clause (2) of this article, the mandate of an elected member of a local government council may be revoked by the electorate.
- 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
- There shall be a District Chairperson who shall-
- be the political head of the district; and
- be elected by universal adult suffrage through a secret ballot.
- qualified to be elected a member of Parliament;
- [repealed]
- a person ordinarily resident in the district.
- preside at meetings of the executive committee of the district;
- monitor the general administration of the district;
- co-ordinate the activities of urban councils and councils of the lower local administrative units in the district;
- co-ordinate and monitor Government functions as between the district and the Government; and
- perform such other functions as Parliament may prescribe.
184. Speaker of district council
- 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 fifty per cent of all the members of the council.
- The Speaker of the council shall, in relation to the council, perform similar functions to those of the Speaker of Parliament.
185. Removal of District Chairperson and Speaker
- 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-
- abuse of office;
- misconduct or misbehaviour; or
- such physical or mental incapacity as would render him or her incapable of performing the duties of his or her office.
186. District executive committee
- There shall be an executive committee for each district council which shall perform the executive functions of the council.
- An executive committee shall consist of-
- the District Chairperson;
- the Vice-Chairperson; and
- such number of Secretaries as the council may decide.
- the chairpersons and members of the committees shall be elected from among the members of the council;
- 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
- The office of a member of a district executive committee shall become vacant if-
- the appointment of that member is revoked by the District Chairperson; or
- that member-
- is elected as Speaker of the district council;
- resigns from office;
- becomes disqualified to be a member of the district council;
- is unable to perform his or her functions due to mental or physical incapacity or dies;
- is censured by the council; or
188. Chief and Deputy Chief Administrative Officer
- There shall be a Chief Administrative Officer and Deputy Chief Administrative Officer for every district.
- Notwithstanding articles 176(2) and (3) and 200 of this Constitution, the Public Service Commission shall appoint persons to hold or act in the office of Chief Administrative Officer and Deputy Chief Administrative Officer, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office.
- Parliament shall by law establish the qualifications and functions of a Chief Administrative Officer and Deputy Chief Administrative Officer.
189. Functions of Government and district councils
- 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.
- 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.
- District councils shall have responsibility for any functions and services not specified in the Sixth Schedule to this Constitution.
- 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.
- This article shall have effect without prejudice to the functions and services authorised or required to be performed by a regional government under this Constitution.
Finances of Local Governments
Municipal government190. 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.
Municipal government191. Power to levy and appropriate taxes
- 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.
- 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, cess, fees on registration and licensing and any other fees and taxes that Parliament may prescribe.
- No appropriation of funds by a local government shall be made unless approved in a budget by its council.
- Parliament shall by law make provision for tax appeals in relation to taxes to which this article applies.
192. Collection of taxes by local governments
Parliament shall by law provide-
- for the taxes that may be collected by a local government for or on behalf of the Government for payment into the Consolidated Fund;
- 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
- The President shall for each financial year, in accordance with this Constitution, cause to be presented to Parliament proposals as to the moneys to be paid out of the Consolidated Fund as-
- unconditional grant in accordance with clause (2) of this article;
- conditional grant in accordance with clause (3) of this article;
- equalisation grant in accordance with clause (4) of this article.
194. Local Government Finance Commission
- There shall be a Local Government Finance Commission which shall consist of seven members appointed by the President.
- Of the seven members referred to in clause (1) of this article, four shall be nominated by the local governments.
- The members of the Local Government Finance Commission shall elect from among themselves a Chairperson and a Vice-Chairperson.
- The Local Government Finance Commission shall-
- 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 moneys out of the Consolidated Fund;
- 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;
- consider and recommend to the President potential sources of revenue for local governments;
- advise the local governments on appropriate tax levels to be levied by local governments;
- perform such other functions as Parliament shall prescribe.
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-
- 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;
- prescribing financial control and accountability measures for compliance by all local governments;
- 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
- There shall be a District Service Commission for each district.
- 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.
- Members of a District Service Commission shall be persons of high moral character and proven integrity.
- Members of a District Service Commission shall hold office for a period of four years but are eligible for re-appointment for one more term.
- 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.
- 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-
- inability to perform the functions of that office arising from physical or mental incapacity;
- misbehaviour or misconduct; or
- 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
- 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.
- 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.
- The District Service Commission may establish committees in respect of specialised disciplines.
- Notwithstanding anything in this article or in articles 172 and 176(2) and (3) of this Constitution, the power to appoint persons to hold or act in the office of Town Clerk in the service of a city or a municipality, 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 Public Service Commission.
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. Take-over of district administration by President
-
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-
- the President shall hand back the administration of the district to the incumbent district government; or
- if Parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to resume the administration of the district then-
- 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
- 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
- There shall be for each district a Resident District Commissioner who shall be appointed by the President.
- For a person to be appointed a Resident District Commissioner he or she shall be a citizen of Uganda and qualified to be a member of Parliament.
- The functions of a Resident District Commissioner are-
- to monitor the implementation of central and local government services in the district;
- to act as chairperson of the district security committee of the district; and
- to carry out such other functions as may be assigned by the President or prescribed by Parliament by law.
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-
- members of the local government councils; and
- members of the District Service Commissions and their committees.
205. Prohibition of holding political offices concurrently
- No person shall hold concurrently on a full time basis, political offices-
- in the service of the Government and that of a local government; or
- in the service of a higher local government and that of a lower local government.
206. Parliament to make laws regarding local government
- 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.
- Without prejudice to the general effect of clause (1) of this article, Parliament may make laws-
- limiting the number of political offices that may be created by the local governments;
- enabling councils to make laws, regulations or other instruments for the administration of their areas of jurisdiction;
- requiring that with appropriate modifications, the system of government as it operates at 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 district council;
- an urban council;
- a sub-county council; or
- any other unit prescribed by law to replace any of the councils mentioned in paragraphs (a),(b) and (c) of this article.
CHAPTER 12. DEFENCE AND NATIONAL SECURITY
Uganda Peoples Defence Forces
208. Uganda Peoples' Defence Forces
- There shall be armed forces to be known as the Uganda Peoples' Defence Forces.
- The Uganda Peoples' Defence Forces shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority as established under this Constitution.
- Members of the Uganda Peoples' Defence Forces shall be citizens of Uganda of good character.
- No person shall raise an armed force except in accordance with this Constitution.
209. Functions of Defence Forces
The functions of the Uganda Peoples' Defence Forces are-
- to preserve and defend the sovereignty and territorial integrity of Uganda;
- to co-operate with the civilian authority in emergency situations and in cases of natural disasters;
- to foster harmony and understanding between the Defence Forces and civilians; and
- to engage in productive activities for the development of Uganda.
210. Parliament to regulate Uganda Peoples' Defence Forces
Parliament shall make laws regulating the Uganda Peoples' Defence Forces, and in particular, providing for-
-
the organs and structures of the Uganda Peoples' Defence Forces;
Uganda Police Force
211. Uganda Police Force
- 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.
- 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.
- 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 Uganda Police Force
The functions of the Uganda Police Force shall include the following-
- to protect life and property;
- to preserve law and order;
- to prevent and detect crime; and
- to co-operate with the civilian authority and other security organs established under this Constitution and with the population generally.
213. Command of Uganda Police Force
- There shall be an Inspector-General of Police and a Deputy Inspector-General of Police.
- The Inspector-General and the Deputy Inspector-General of Police shall be appointed by the President with the approval of Parliament.
- 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.
- 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.
- The Inspector-General or the Deputy Inspector-General of Police may be removed from office by the President.
214. Parliament to regulate Uganda Police Force
Parliament shall make laws-
- 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
- There shall be a prisons service to be known as the Uganda Prisons Service.
- 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
- There shall be a Commissioner of Prisons and a Deputy Commissioner of Prisons appointed by the President with the approval of Parliament.
- The Commissioner or the Deputy Commissioner of Prisons may be removed by the President.
217. Parliament to regulate Uganda Prisons Service
Parliament shall make laws-
- providing for the organisation, administration and functions of the Uganda Prisons Service;
- ensuring that members of the Uganda Prisons Service are recruited from every district of Uganda; and
- regulating generally the Uganda Prisons Service.
Intelligence Services
218. Intelligence Services
- Parliament may by law establish intelligence services and may prescribe their composition, functions and procedures.
- No intelligence service shall be established by the Government except by or under an Act of Parliament.
National Security Council
Advisory bodies to the head of state219. 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.
Advisory bodies to the head of state220. Functions of National Security Council
The functions of the National Security Council are-
- to inform and advise the President on matters relating to national security; and
- 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.
Counter corruption commissionCHAPTER 13. INSPECTORATE OF GOVERNMENT
223. Inspectorate of Government
- There shall be an Inspectorate of Government.
- The Inspectorate of Government shall consist of-
- the Inspector-General of Government; and
- such number of Deputy Inspectors-General as Parliament may prescribe.
- is a citizen of Uganda; and
- is a person of high moral character and proven integrity; and
- possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs.
- a member of Parliament;
- a member of a local government council; or
- a member of the executive of a political party or organisation.
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-
- inability to perform the functions of his or her office arising from infirmity of body or mind; or
- misconduct, misbehaviour or conduct unbecoming of the holder of the office; or
- incompetence.
225. Functions of Inspectorate
- The functions of the Inspectorate of Government shall be prescribed by Parliament and shall include the following-
- to promote and foster strict adherence to the rule of law and principles of natural justice in administration;
- to eliminate and foster the elimination of corruption, abuse of authority and of public office;
- to promote fair, efficient and good governance in public offices;
- subject to the provisions of this Constitution, to supervise the enforcement of the Leadership Code of Conduct;
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
- The Inspectorate of Government shall have an independent budget appropriated by Parliament, and controlled by the Inspectorate.
- 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
Ultra-vires administrative actions231. Reports of Inspectorate
- 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.
- 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.
- 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.
- The President or any local authority referred to in clause (2) shall at least once every year cause a report to be submitted to Parliament on actions taken by the President or the local authority on reports submitted to the President or the local authority by the Inspectorate of Government, for the information of Parliament.
- Parliament shall discuss expeditiously any reports submitted to it under clause (1).
232. Powers of Parliament regarding Inspectorate
- Parliament shall, subject to the provisions of this Constitution, make laws to give effect to the provisions of this Chapter.
- Laws made for the purpose of this Chapter may, in particular, provide-
- for regulating the procedure for the making of complaints and requests to the Inspectorate of Government and for the exercise of its functions;
- 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;
- 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;
- for regulating the functioning of the Inspectorate of Government in relation to other institutions or bodies established under this Constitution or any other law; and
- establishing a special court within the judiciary for combating corruption and prescribing the composition and jurisdiction and procedures of the court and appeal from the court.
CHAPTER 14. LEADERSHIP CODE OF CONDUCT
233. Leadership Code of Conduct
- Parliament shall by law establish a Leadership Code of Conduct for persons holding such offices as may be specified by Parliament.
- The Leadership Code of Conduct shall-
- 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;
- prohibit conduct-
- likely to compromise the honesty, impartiality and integrity of specified officers; or
- likely to lead to corruption in public affairs; or
- which is detrimental to the public good or welfare or good governance;
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.
235A. Leadership Code Tribunal
There shall be a Leadership Code Tribunal, whose composition, jurisdiction and functions shall be prescribed by Parliament by law.
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 15. LAND AND ENVIRONMENT
Land
Ownership of natural resources237. Land ownership
- 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.
- Notwithstanding clause (1) of this article-
- 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;
- customary;
- freehold;
- mailo; and
- leasehold.
- all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament; and
- land under customary tenure may be converted to freehold land ownership by registration.
- 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;
- providing for the acquisition of registrable interest in the land by the occupant.
Uganda Land Commission
238. Uganda Land Commission
- There shall be a commission to be known as the Uganda Land Commission.
- The Commission shall consist of a Chairperson and not less than four other members appointed by the President with the approval of Parliament.
- 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.
- The members of the Commission shall hold office for a period of five years and shall be eligible to be re-appointed.
- A member of the Commission may be removed from office by the President only for-
- inability to perform the functions of his or her office arising from infirmity of body or mind;
- misbehaviour or misconduct; or
- incompetence.
239. Functions of 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
- There shall be a District Land Board for each district.
- Parliament shall prescribe the membership, procedure and terms of service of a District Land Board.
241. Functions of District Land Boards
- The functions of a District Land Board are-
- to hold and allocate land in the district which is not owned by any person or authority;
- to facilitate the registration and transfer of interests in land; and
- to deal with all other matters connected with land in the district in accordance with laws made by Parliament.
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
- Parliament shall by law provide for the establishment of land tribunals.
- The jurisdiction of a land tribunal shall include-
- 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
- the determination of any disputes relating to the amount of compensation to be paid for land acquired.
244. Minerals and petroleum
- Subject to article 26 of this Constitution, the entire property in, and the control of, all minerals and petroleum in, on or under, any land or waters in Uganda are vested in the Government on behalf of the Republic of Uganda.
- Subject to this article, Parliament shall make laws regulating-
- the exploitation of minerals and petroleum;
- the sharing of royalties arising from mineral and petroleum exploitation;
- the conditions for payment of indemnities arising out of exploitation of minerals and petroleum; and
- the conditions regarding the restoration of derelict lands.
- any naturally occurring hydrocarbons, whether in gaseous, liquid or solid state;
- any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
- any naturally occurring mixture of one or more hydrocarbons (whether in a gaseous, liquid or solid state) and any other substances; and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include coal, shale, or any substance that may be extracted from coal or shale.
Environment
Protection of environment245. Protection and preservation of the environment
Parliament shall, by law, provide for measures intended-
- to protect and preserve the environment from abuse, pollution and degradation;
- to manage the environment for sustainable development; and
- to promote environmental awareness.
CHAPTER 16. INSTITUTION OF TRADITIONAL OR CULTURAL LEADERS
246. Institution of traditional or cultural leaders
- 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.
- 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.
- The following provisions shall apply in relation to traditional leaders or cultural leaders-
- the institution of traditional leader or 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;
- 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;
- 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;
- 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;
- a person shall not, while remaining a traditional leader or cultural leader, join or participate in partisan politics;
- a traditional leader or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or local government.
CHAPTER 17. GENERAL AND MISCELLANEOUS
247. Administration of estates
- by law establish an efficient, fair and expeditious machinery for the administration and management of the estates of deceased persons; and
- 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
- There shall be a Law Reform Commission for Uganda the composition and functions of which shall be prescribed by Parliament by law.
- 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
- There shall be a Disaster Preparedness and Management Commission for Uganda to deal with both natural and man-made disasters.
- 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 Government
-
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.
251. Performance of functions of Commissions and authorities
- 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.
- 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.
- In this article, "commission or authority" includes a council and a committee of the commission or authority.
252. Resignations
- 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.
- 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.
- For the purposes of clause (1) of this article, "office" includes the office of-
- the Vice-President;
- the Speaker and Deputy Speaker;
- a Minister;
- the Attorney-General;
- a member of Parliament;
- a member of any commission, authority, council or committee established by this Constitution; and
- a public officer.
253. Re-appointments and concurrent appointments
- 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.
- 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.
- 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
- A public officer shall, on retirement, receive such pension as is commensurate with his or her rank, salary and length of service.
- 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.
- The payment of pension shall be prompt and regular and easily accessible to pensioners.
255. Referenda generally
- Parliament shall 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.
- Parliament shall also make laws to provide for the holding of a referendum by the Electoral Commission upon a reference by the Government of any contentious matter to a referendum.
- Where a referendum is held under this article, the result of the referendum shall be binding on all organs and agencies of the state and on all persons and organizations in Uganda.
- A referendum to which clause (3) applies, shall not affect-
- the fundamental and other human rights and freedoms guaranteed under Chapter Four of this Constitution;
- the power of the courts to question the validity of the referendum.
256. Manner of administering oaths
Oaths specified in the Fourth Schedule to this Constitution shall be administered in a manner prescribed by law.
257. Interpretation
- In this Constitution, unless the context otherwise requires-
- "Act of Parliament" means a law made by Parliament;
"education service" means any part of the public service established as the education service by Parliament by law in conformity with this Constitution;
"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;
"functions" includes powers and duties; "Gazette" means the Uganda Gazette and includes any supplement of that Gazette; "Government" means the Government of Uganda;"health service" means any part of the public service established as the health service by Parliament by law in conformity with this Constitution;
"High Court" means the High Court of Uganda; "judgement" includes a decision, an order or decree of the court;"judicial power" means the power to dispense justice among persons and between persons and the State under the laws of Uganda;
"Leadership Code of Conduct" means the Leadership Code of Conduct established under Chapter Fourteen of this Constitution;
"local government council" means a council referred to in article 180 of this Constitution;"Minister" means a Minister of the Government and includes a Minister of State and a Deputy Minister;
"Oath of allegiance" means an oath of allegiance prescribed by this Constitution; "Parliament" means the Parliament of Uganda; "President" means the President of Uganda; "public office" means an office in the public service; "public officer" means a person holding or acting in any public office; "public service" means service in a civil capacity of the Government or of a local government; "session" means a series of meetings of Parliament within a period of twelve months;"sitting" includes a period during which Parliament is continuously sitting without adjournment and a period during which it is in Committee;
"Speaker" means the Speaker of Parliament and "Deputy Speaker" shall be construed accordingly; "subordinate court" means a court subordinate to the High Court; "Supreme Court" means the Supreme Court of Uganda; "Uganda" means the Republic of Uganda.- unless the context otherwise requires, a reference to an office in the public service includes-
- a reference to the office of Chief Justice, Deputy Chief Justice, Principal Judge, a Justice of the Supreme Court or of 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 moneys provided by Parliament; and
- a reference to the office of a member of the Uganda Police Force, the Uganda Prisons Service, the education service and the health service;
- words referring to natural persons include a reference to corporations;
- words in the singular include the plural, and words in the plural include the singular;
- 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.
CHAPTER 18. AMENDMENT OF THE CONSTITUTION
258. Amendment of Constitution
- 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.
- This Constitution shall not be amended except by an Act of Parliament-
- the sole purpose of which is to amend this Constitution; and
- the Act has been passed in accordance with this Chapter.
259. Amendments requiring referendum
- 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-
- it is supported at the second and third readings in Parliament by not less than two-thirds of all members of Parliament; and
- it has been referred to a decision of the people and approved by them in a referendum.
- this article;
- Chapter One-articles 1 and 2;
- Chapter Four-article 44;
- Chapter Five-articles 69, 74 and 75;
- Chapter Six-article 79 clause (2);
- Chapter Seven-article 105 clause (1);
- Chapter Eight-article 128 clause (1); and
- Chapter Sixteen.
260. Amendments requiring approval by District Councils
- 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-
- it is supported at the second and third readings in Parliament by not less than two-thirds of all members of Parliament; and
- 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.
- this article;
- Chapter Two-article 5, clause (2);
- Chapter Nine-article 152;
- Chapter Eleven-article 176, clause (1) and articles 178, 189 and 197.
261. Amendments by Parliament
A bill for an Act of Parliament to amend any provision of the Constitution, other than those referred to in articles 259 and 260 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.
262. Certificate of compliance
- The votes on the second and third readings referred to in articles 259 and 260 of this Constitution shall be separated by at least fourteen sitting days of Parliament.
- 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-
- it is accompanied by a certificate of the Speaker that the provisions of this Chapter have been complied with in relation to it; and
- in the case of a bill to amend a provision to which article 259 or 260 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.
- refuses to assent to the bill; or
- 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 19. TRANSITIONAL PROVISIONS
263. Transitional Government
264. Particular functions of Transitional Government
265. Existing Courts of Judicature
266. Existing offices of Judges
267. Interim membership of Court of Appeal
268. Existing offices
- 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.
- 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.
- 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.
- 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.
- 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.
269. Regulation of political organisations
270. Existing political parties, or organisations
271. First elections
272. Appointment to certain offices
273. Existing law
- 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.
- 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.
274. Modification of existing law by first President
275. 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.
276. Provisions regarding urban authorities
277. Existing commissions and committees of inquiry
278. Oaths deemed to have been taken
279. Pending matters
- 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.
- This article shall have effect subject to the provisions of this Constitution and to any law made by Parliament.
280. 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.
281. 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.
282. Devolution of rights and liabilities
Subject to the provisions of article 283 of this Constitution-
- 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;
- 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.
283. Succession to property
- 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.
- 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.
284. 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.
285. Revocation of statutory leases to urban authorities
International law286. International agreements, treaties and conventions
International organizationsthe 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.
287. Repeal of 1967 Constitution and Legal Notice No. 1 of 1986
288. Term of current Parliament to end with term of the President
- Notwithstanding anything in this Constitution, the term of the Parliament in existence at the time this article comes into force, shall expire on the same date as the five year term of the President in office at the time this article comes into force as prescribed by clause (1) of article 105 of this Constitution.
- Where the service of a member of Parliament is terminated as a result of the application of clause (1), that member of Parliament is entitled to the payment by the State of compensation for loss of employment for the period by which his or her service as a member of Parliament is shortened.
- The amount of compensation to be paid to a member of Parliament under clause (2) shall be equal to the salary and allowances that the member of Parliament would have earned as a member if he or she had continued to be a member until the date on which the term of the Parliament in question would normally have ended.
- Where a member of Parliament entitled to compensation under clause (2) dies before the payment to him or her of the compensation, the compensation shall be paid to his or her estate.
289. Term of current Parliament
Notwithstanding anything in this Constitution, the term of the Parliament in existence at the time this article comes into force, shall expire after seven years of its first sitting after the general elections.
289A. Application of Clause 2 of article 105
Clause 2 of article 105 shall come into effect upon dissolution of the Parliament in existence at the commencement of this Act.
290. Five year term of local government councils not to apply to existing Councils
- For the avoidance of doubt, the term of five years prescribed for local government councils by clause (4) of article 181 of this Constitution shall only apply after the expiration of the term of the local government councils which were in existence at the time that that clause came into force.
- The term of local government councils in being at the time of the commencement of the Constitution (Amendment) Act, 2005 shall be deemed to be extended to expire at the same time as the term of the President in office at the commencement of that Act.
291. Term of current local government councils
For the avoidance of doubt, the term of seven years prescribed for local government councils by clause (4) of article 181 of this Constitution shall apply to the term of the local government councils in existence at the commencement of this Act.
292. Preservation of rights in respect of existing offices
Subject to article 268, any person holding any office under this Constitution before the coming into force of the Constitution (Amendment) Act, 2005 shall, so far as consistent with this Constitution, continue in office in an equivalent office.
293. Existing constituencies
Until Parliament prescribes the constituencies under article 63, the constituencies shall be those into which Uganda was divided before the coming into force of the Constitution (Amendment) Act, 2005.
294. Movement organs continued
Until the first Parliamentary elections for the purpose of the multi party political system are held, the organs under the movement political system as referred to in clause (2) of article 70 of the Constitution shall remain in force and thereafter shall be subject to clause (3) of article 70 and article 73.
FIRST SCHEDULE. KAMPALA AND DISTRICTS OF UGANDA. (Articles 5, 78)
DISTRICTS OF UGANDA
- Bundibungyo
- Kasese of Rwenzori
- Busia
- Butaleja of Bukedi
- Pallisa
- Tororo
- Abim
- Kaabong
- Kotido of Karamoja
- Moroto
- Nakapiripirit
- Mbale
- Sironko of Bugisu
- Manafwa
- Bukwo
- Kapchorwa of Sebei
- Adjumani
- Moyo of Madi
- Arua
- Koboko
- Nebbi
- Yumbe of West Nile
- District comprising of Maracha and Terego Counties
- Amuru
- Gulu
- Kitgum of Acholi
- Pader
- District comprising of Buliisa County
- Hoima
- Kibaale of Bunyoro
- Masindi
- Kabarole
- Kamwenge of Tooro
- Kyenjojo
- Amuria
- Kaberamaido
- Katakwi of Teso
- Kumi
- Soroti
- Kalangala
- Kayunga
- Kiboga
- Luwero
- Masaka
- Mityana
- Mpigi
- Mubende of Buganda
- Mukono
- Nakaseke
- Nakasongola
- Rakai
- Sembabule
- Wakiso
- Bushenyi
- Ibanda
- Isingiro
- Kiruhuura of Ankole
- Mbarara
- Ntungamo
- Amolatar
- Apac
- District comprising of Dokolo County of Lango
- Lira
- Oyam
- Bugiri
- Iganga of Busoga
- Jinja
- Kaliro
- Kamuli
- Mayuge
- Namutumba
- Kabale
- Kanungu
- Kisoro of Kigezi
- Rukungiri
SECOND SCHEDULE. THE BOUNDARY OF UGANDA. (Article 5)
Commencing at the highest point of Mt. Sabyinyo; thence in a north-easterly 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 north-westerly direction in a straight line to the summit of the knoll Chieshire, marked by BP 3; thence in a straight line in a north-easterly 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 north-westerly 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 north-west of the summit of the hill Lubona; thence along the crest of the spur running in a north-westerly 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 north-easterly 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 north-east 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 down-stream 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-north-east 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 north-west of the Peak Kalengire and about 20 km south-west of the hill-top 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 mid-way between the shores of the lake on parallels of 010 31', 010 45' and 020 00' north latitude, to a point mid-way 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 south-east 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 south-west 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 north-west 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 south-east 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 south west 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-south-west of the summit of the hill Akar and about 5.6 km south-south-east 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/Democratic Republic of Congo/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 south-easterly direction in a straight line to the confluence of the rivers Adjika and Khor Nyaura (Nyawa); thence in a north-easterly 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 north-west 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 south-easterly, 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 north-easterly direction to the hill (Jebel) Modole; thence following a straight line in a south-easterly direction to the most south-easterly foothills of Jebel Terenteinia; thence in a straight line in a south-easterly direction to a point on the summit of the hill (Jebel) Lonyili marked by a triangulation mark 9.Y.2; thence on bearing 44° 45' and for a distance of 58,506 feet approximately to triangulation mark 9.Y.9; thence on bearing 44° 45' and for a distance of 17,831 feet approximately to a triangulation mark 9.Y.8; thence on bearing 44° 45' and for a distance of 26,945 feet to a triangulation mark 9.Y.6; thence on bearing 44° 45' and for a distance of 17,854 feet to a triangulation mark 9.Y.5; thence on bearing 44° 45' and for a distance of 7,320 feet to a triangulation mark 9.Y.4; thence on bearing 44° 45' for a distance of 6,420 feet to a triangulation mark 9.Y.3; thence on bearing 44° 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° 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° for an approximate distance of 21,500 ft. to Pillar UK 180; thence on a bearing of 1320 41' for a distance of 4,444ft. to Pillar UK 179;
151° 51' 14,674 ft. UK178.
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where the district council so requests and it is in the public interest to do so;
144. Tenure of office of judicial officers
Mandatory retirement age for judgesbut 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.
but only in accordance with the provisions of this article.
Establishment of judicial council145. Registrars
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There shall be in the Judiciary the office of Chief Registrar and such number of Registrars as Parliament may by law prescribe.
Judicial Service Commission
Establishment of judicial council146. Judicial Service Commission
94. Rules of procedure in Parliament
Legislative committees95. Sessions of Parliament
96. Dissolution of Parliament
Parliament shall stand dissolved upon the expiration of its term as prescribed by article 77 of this Constitution.
General
Immunity of legislators , Legislative committees97. Parliamentary immunities and privileges
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.
CHAPTER 7. THE EXECUTIVE
The President
98. President of Uganda
Name/structure of executive(s) , Designation of commander in chief Oaths to abide by constitution Head of state immunity Head of state immunity99. Executive authority of Uganda
100. Notification of absence of President from Uganda
The President shall, whenever leaving Uganda, notify in writing the Vice-President, the Speaker and the Chief Justice.
101. Presidential addresses
Legislative oversight of the executive Eligibility for head of state102. Qualifications and disquaifications of the President
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A person is qualified for election as President if that person-
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is a citizen of Uganda by birth;
103. Election of President
Secret ballot , Claim of universal suffrage104. Challenging Presidential Election
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if requested by a resolution supported by more than half of all members of Parliament; or
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 6. THE LEGISLATURE
Establishment Composition and Functions of Parliament
Structure of legislative chamber(s)77. Parliament of Uganda
78. Composition of Parliament
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Parliament shall consist of-
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members directly elected to represent constituencies;
79. Functions of Parliament
80. Qualifications and disqualifications of members of Parliament
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A person is qualified to be a member of Parliament if that person-
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is a citizen of Uganda;
81. Election of members of Parliament
First chamber selection Replacement of legislators Removal of individual legislators82. Speaker and Deputy Speaker of Parliament
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to ensure that regular, free and fair elections are held;
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.
Electoral districts63. Constituencies
First chamber selection64. Appeals from decisions of Commission
65. Staff of 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 Commission
67. Organisation of elections
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The Electoral Commission shall ensure that elections are held at times fixed and notified in advance to the public.
68. Voting at elections and referenda
Secret ballotand the presiding officer shall there and then, announce the results of the voting at that polling station before communicating them to the returning officer.
Secret ballotPolitical Systems
69. Political systems
70. Movement political system
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to move freely throughout Uganda and to reside and settle in any part of Uganda;
30. Right to education
All persons have a right to education.
31. Rights of the family
Regulation of marriage Right to found a family Provision for matrimonial equality Right to transfer property , Rights or duties of parents Rights or duties of parents Provisions for wealth redistribution32. Affirmative action in favour of marginalised groups
33. Rights of women
Equality regardless of gender Equality regardless of gender Provisions for wealth redistribution Rights of children34. Rights of children
Rights or duties of parents Rights or duties of parents Limits on employment of children Privileges for juveniles in criminal process State support for children State support for the disabled35. Rights of persons with disabilities
Human dignity36. 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.
Right to culture37. 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
39. Right to a clean and healthy environment
Every Ugandan has a right to a clean and healthy environment.
40. Economic rights
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Parliament shall enact laws-
41. Right of access to 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
18. Registration of births, marriages and deaths
The State shall register every birth, marriage and death occurring in Uganda.
19. Citizenship of parent dying before birth of person
CHAPTER 4. PROTECTION AND PROMOTION OF FUNDAMENTAL AND OTHER HUMAN RIGHTS AND FREEDOMS
General
20. Fundamental and other human rights and freedoms
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Fundamental rights and freedoms of the individual are inherent and not granted by the State.
Equality regardless of religion , Equality regardless of financial status , Equality regardless of parentage , Equality regardless of political party , Equality regardless of creed or belief , Equality regardless of skin color , Equality regardless of race , Equality regardless of social status , General guarantee of equality , Equality regardless of tribe or clan , Equality for persons with disabilities , Equality regardless of gender
21. Equality and freedom from discrimination
- at the time of whose birth-
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promotion of the national interest of Uganda;
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-
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to be patriotic and loyal to Uganda and to promote its well-being;
CHAPTER 1. THE CONSTITUTION
1. Sovereignty of the people
2. Supremacy of the Constitution
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This Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda.