Ssabasajja Ssabataka’s
Supreme Council,
To: The chairman,
Dear Mr. Justice B.J.Odoki,
We are forwarding to you the Buganda Constitutional Proposals,
consisting of the main proposal and a summary of them, the latter being both in
English and Luganda.
Yours sincerely,
______________________ ____________________________
Owek. JOSEPH P MUSOKE OMUTAKA
KIBAALE NADUULI
Chairman and member Chairman,
Head of Clans’Council
Ssebasajja ssabataka’s and
member, ssabasajja ssabataka’s
Supreme Council. Supreme
Council.
_________________________ ____________________________
_
Owek. Prof.
APOLLO NSIBANBI Owek. HAJI MOHAMMED
KATEREGGA
Overall chairman, Joint constitutional committee NAMUGUZI Chairman,
Bataka/Bazzukulu
And member, ssabasajja’s
supreme
Constitutional Committee and Member
Council
Ssabasajja Ssebataka’s Supreme Council.
_____________________________ __________________________________
Omulangira REV.DAN S.K. KAJUNBA HAJI
KASSIM MALE MABIRIZI
Secretary General and Member, Secretary,
Head of Clans’
Ssabasajja Ssabataka’s Supreme Council
Council, and Member, constitutional
Committee.
___________________________________
Owek.JOHN
W.KATENDE
Legal Advisor and Member,
Ssabasajja Ssabataka’s Supreme
Council, Member Constitutional
Committee.
The Honorable Chairman and member of the Constitution Committee.We have
the honor and privilege
to present views of
Background.
The view are contained in three
document which are accompanied by a listed mass of written memoranda from all
those who cared and were able to present their opinion in writing to the
committees set up for that purpose.
Unwritten testimony was also received from numerous persons and all
these have been taken into account in the presentation we are making to you.
The Buganda traditional society and body politic is stratified into
these segments namely, the Kabaka together with the Royalty (Kabaka
n’Abalangira), the Chiefs and the bataka (Abaami n’Abataka) and the commonalty
(Abakopi); the most impontant segment politically being that of the commonalty
who at all times have had the clout to dictate the structure, policies, changes
and nature of Government ,With powers to decide who to accept or not to
accept as Kabaka or Chief, and to make
representation as to the governance they require of Buganda. By and large the
commonalty spoke through the chiefs and national assembly, the Lukikko, except
where populist movements from time to time forced matters if the chiefs proved
antagonistic as the 1945 and 1949, up heavals would show. In such situations
the wrath of the commonalty would be wrecked on the incumbent individuals but
not on there offices. Similarly,
The final document is a consensus of opinion from
three committee on the subject, each of which worked independently but meets at
the end to put the collected views together. The three committees are as
mentioned in the introduction :
(a)
the Abataka constitutional committee;
(b)
the Abazzukulu ba
(c)
the constitutional
committee of Ssabataka’sSupreme Council. The selection and composition of these committee represent the said three segments of the
Buganda Social fabrics and the views contained in the documents presented
reflects the consensus of these segments.
We must point out that there was near unanimity of view on the spirit
and principle enshrined in the 1962 constitution. We have endeavored to incorporate this spirit
and principle in the document we have presented.
We have been given this message that the people of
Drafting and promulgation of the constitution
The consensus from
It is therefore proposed:
(One)
that for this purpose constituency be demarcated and every one hundred thousand
voters or as near that figure
as is practically possible elect their representatives to
the constituent Assembly.
(Two)
that the election to the constituent Assembly be on
non-party basis;
(Three)
that a constituency, if they so wish, may elect any
body of their choice whether such
persons has a permanent home in the constituency or not;
(Four)
that where a member of the NRC is elected he shall
devote his time and energy to service of the constituency in the constitution
making process to preference of the NRC
business;
(Five)
that besides the directly elected members, the
following group and institution be represented on the constitutional Assembly
body elected or nominated and accredited by such organizations;
(a)
The armed forces,5
(b)
The political parties which participated in the 1980
election, 2 each
The religious groups namely, the catholic church, the church of Uganda,
the Muslim supreme council, the othordox church , and fellowship of rest of the
congregation of churches registered as non- governmental organizations, grouped
together for th epurpose of the
constitution making process.
(Six)
That the constituent assemble be presided over by
the chief Justice or a serving or retired Judge of that status or standing not
having constitutional commission.
(Seven)
That the constitutional commission on completion of
their present assignment be reconstituted as the secretariat of the constituent
assembly.
It will be recalled that for reasons it is not necessary to mention
here, the Bataka had
refused to submit their views to the commission. His Excellency the President
graciously agreed to meet them and the Bataka were given assurance, which
underpinned the spirit of their constitutional proposals we submit. It should
not be considered that their views subsequently submitted and blended together
with others in the document presented are the result of hurried and hastily
assembled and half-backed opinions of the Bataka segment. The contrary is the
case. The Bataka views are a result of over one year of consultation among the
Bataka hierarchy, which spread the length, and breadth of
On behalf of all those whose views are
reflected in the documents, presented, on behalf of the Ssabasajja Ssabataka
and on the behalf of
May God attend all those endeavors with His bountiful blessings.
For God and my Country.
The two documents that are being submitted to the
constitutional Commission do not merely consist of the ideas of the Ssabasajja
Ssabataka’s Supreme Council and the Buganda Bataka heads of clans’ council, but are a product of
ideas, views and memoranda collected from all parts of Buganda during a period
of over one year.
This exercise was initially undertaken by the joint Bataka and
Bazzukulu constitutional committee headed by the Omutaka Haji M Katerega Namaguzi.
The collected memoranda which are attached to these documents
and are to be presented to the Uganda Constitutional Commission. With
the appointment of Ssebataka’s supreme council, and additional council, an
additional constitutional sub-committee was appointed which was joined Haji
Katerega’s original committee.The joint Committee was under the overall
chairmanship of Prof.
Nsibambi of the political Science Department,
The collected views, ideas and memoranda were studied, considered and
finally complied into two documents which are divided into the following four
parts:
1.
Summary of proposal
For ease of reference, a summary of the
proposal contained in the main constitutional proposals is submitted.
This summary seeks to highlight novel
constitutional proposals and those that defer from the current constitution.
Further, this summary briefly set out reasons for the
various proposals set out in the main constitution. Most os these proposal
changes are not new. They are derived from 1962 constitution and are
incorporated as a result of views and memoranda received from the people.
Others are new proposals, which were also obtained from the people during the
Bataka/Bazzukulu constitutional committee in the exercise of collecting views
and memorandum on the new constitution.
2. Main
constitutional Proposals.
This is a document that embodies the formal expression of the PROPOSAL
OF WHAT THE BAGANDA WOULD LIKE THE CONSTITUTION OF UGANDA TO BE. It is
comprehensively drafted as a constitution comprising all major aspects of the
modern constitution ranging from the proposals on citizenship to form a government,
from fundamental rights to the presidency; from the regislative process to form
the structure of the judiciary; from the structure of the Federal status of the
Government Revenue and expenditure; from public services to public and Mailo
land.
This document is drafted in legal language to minimize ambiguity and
obscurantism, so as to clarify the intention and proposal of the
3.Explanatory Notes
The end of the main
constitutional proposals, explanatory notes are included.
These seek to draw attention to provision that have been
changed and those that have been saved and the reasons therefor.
4.Memoranda
Memoranda collected by the joint Bataka and Bazzukulu constitutional
committee in the course of preparation of the main constitutional commission an
authentic and original form of the written ideas obtained from the people.
Dated
THE CONSTITUTION
OF
ARRANGEMENT OF
ARTICLES
1. Constitution to be supreme Law.
2. Federal Government.
3. Constitution Traditional Leaders.
4.Alteration of the Constitution.
CHAPTER II
CITIZENSHIP
5.Citizen of
6.Powers of Parliament.
7.Dual Citizenship.
8.Preferential treatment of citizens of other Countries.
CHAPTER III
PROTACTION OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE
INDIVIDIAL
9. Fundamental rights and freedom of the individual.
10. Protection of rights to life.
11.Protection to slavery and forced labour.
13.Protection from inhuman treatment.
14.Protection of deprivation
of property.
15. Protection for privacy of homes and other property.
16. Provisions to
secure protection of law.
17. Protection of
freedom of conscience.
18. Protection of
freedom of expression.
19. Protection of freedom of assembly.
20. Protection of freedom of cultural association.
21. Protection of freedom of movement.
22. Protection from discrimination on grounds of race.
23. Provision for times for war or public provision .
24.provision for a
state of insurgency.
25. Enforcement of protective provision.
26. Interpretation and savings.
CHAPTER IV
THE EXECUTIVE.
Part 1-The President and Vice President.
27. President of
28. Qualifications for the President.
29. Election for the President.
30. Determination for Questions as to election of the
President
31.Oath to be taken by the
President.
32. Assumption and tenure of the
President.
33. Removal and impeachment of
the President.
34. Vice President.
Part
II- MINISTER AND CABINET.
35.Presidential powers to
appoint Ministers.Functions.
36. Functions of Ministers,
Ministers of State and Deputy Ministers.
37.Attorny General.
38. Oaths to be taken by
Ministers etc.
39. Cabinet.
40. Meeting of Cabinets.
Part
III FEDERAL STATE GOVERNMENTS
41. Structure of federal State
Government and their Government.
CHAPTER
V
Part1 PARLIAMENT.
42.Composition of Parliament.
43.Federal State Councils and
Sub-state councils.
44. Qualifications for
Membership of Parliament.
45.Disqualification for
Membership of Parliament.
46. Speaker.
47. Deputy Speaker .
48. Election of elected members.
49. Election of State Councils.
50. Qualification of Voters.
51. Electoral commission.
52. Constituencies.
53. Nomination of Presidential
Nominees.
54. Tenure of Office of Members
of Parliament.
55. Determination of Questions
to the Membership of Parliament.
56.Clerk to Parliament and his
Stuff.
Part II- PROCEDURE IN
PARLIAMENT
57.Oaths to be
taken by a member of Parliament.
58. Presiding
in Parliament.
59. Quorum in
Parliament.
60. Voting in
Parliament.
61. Unqualified
person sitting or voting.
62. Mode of
exercising legislative power.
63.Presidential
powers of Veto.
64 Regulation
of procedure in Parliament.
Part III- SUMMONING, PROROGATION AND DISSOLUTION
65.Sessions of
Parliament.
66. Prorogation
and dissolution of Parliament.
CHAPTER VI
LEGISLATIVE AND
EXECUTIVE POWERS
Part I –LEGISLATIVE POWERS.
67.Legislative and Executive
Power.
68. Supremacy of Parliament
69. Legislative Powers of the
President.
Part II- ADMINISTRATIVE
RELATIONS
70 Exercise of Executive Powers
in
71 Supremacy of the central
Government
72. Executive Powers of
73 Permanent Secretaries.
74. Police forces.
75. Control of Police forces.
76. Tenure of office of
Auditor-General and Inspector General of Government.
77. Director of Public
Prosecution.
78 Qualification of Director of
Public Prosecution
79 Prerogative of Mercy.
80 Advisory Committee on
Prerogative of Mercy
81 Functions of Advisory
Committee.
82 Power of President to make
treaties, appointments etc.
83. Declaration of War.
84 Commander of Armed forces.
85 Exercise of President
Function.
CHAPTER
VII
ADMINISTRATION
OF FEDERAL STATES.
86. Administration of Federal
States.
87. Disagreements between
Central Government and Federal Governments.
CHAPTER VIII
THE
JUDICATURE
Part I- THE HIGH COURT OF
88. High Court of
89. Appointments of Judges of
High Court of
90.Tenure of Office of Judges.
91. Oaths to be taken by Judges.
92.Principle Judge to head High
Court.
93.Questions as to the
interpretation by the constitution.
94.Early hearing of constitution
and election case.
Part II- THE SUPREME COURT OF
95. Supreme court of
96.Appointment of Judges of the
Supreme Court.
97. Tenure of Office.
98.Oaths to be taken by Judges
of the Supreme Court.
99. Composition of the Supreme
Court of
100. Administrative Functions of
the Chief Justice and Deputy Chief Justice.
Part I JUDICIAL IAL SERVICE
COMMISSION.
101. Judicial Service
Commission.
102. Appointments etc of
Judicial Officers.
CHAPTER IX
Part I-FINANCE.
103. Source of funds and revenue
for the central and federal States.
104. Consolidated funds.
105. Withdrawal from the
consolidated fund.
106. Authorization of
expenditure in advance of appropriation.
107. Contingencies find.
108. Remuneration of certain
officers.
109.Public Debt.
111. Auditor General.
Part II- FINANCIAL PROVITIONS
FOR THE FEDERAL STATES.
112. Grants from the central
Government to federal states.
113.Grants to be charged on the
consolidated funds.
114. Collection of Revenue of
Federal states.
CHAPTER X
THE PUBLIC SERVICES OF
115.Public Service Commission.
116. Teaching Service
Commission.
117. District Service Committee.
118. Appointments etc of public
officers.
119. Appointments etc, of
Representative of Uganda abroad.
120. Protection of Pension
rights.
121. Power of appropriate
Authority in relation to pension etc.
CHAPTER XI
122. Land commission.
123. Interpretation.
CHAPTER XII
THE
124. Army to be known as
125. Army to be Propionate to
population of federal States.
126.Code of conduct of the
Uganda Army.
CHAPTER XIII
GENERAL AND MISCELLANEOUS
127. Capital of
128. Official and National
Languages.
129. President of Constitutional
Traditional Language.
130. Privilege of Constitutional
Language Leaders.
131.Privalageof members of
federal state Council.
132. Local Government Councils
in Federal states.
134. Resignation.
135. Re-Appointments and
concurrent appointments.
136.Existing Law.
137.Existing Offices.
138.Oaths deemed to have been
taken.
139. Pending matters.
140. Succession to property.
141. Succession to contracts.
142. Vesting of other Rights.
143. Legal proceedings.
144. International Agreements.
145. Mailo land.
146.Compalsory Retirements to
facilitate appointments of local candidates.
147.Appeal Board.
148. Cessation of constitution
of September 1967.
149. Interpretation.
SCHEDULES
Schedule I – Federal States of
Schedule II –Central Government
List.
Schedule III –Concurrent List.
Schedule IV –
Schedule V –Sources of Revenue
for Federal States.
Schedule VI –The Boundary of
EXPLANATORY NOTES.
THE
CONSTITUTION OF
CHAPTER
THE FEDERATON OF
1.CONSTITUTION TO BE
SUPREME LAW
1) This
Constitution is the Supreme Law of Uganda.
2) Subject to the provision of article 4, if
any other Law is inconsistency with the constitution, this constitution shall
prevail and the other law
shall,
to the existence of the inconsistency, be void.
2.FEDERAL GOVERNMENT
1)
2)
The Federal of Uganda shall consist of:
One)
Federal states;
Two)
The
3)
The particulars of
constitution.
3.CONSTITUTIONAL
TRADITIONAL LEADERS
1)
There shall be Constitutional Traditional Leaders for these
Federal States, which may want them.
2)
The status and title of the constitutional traditional
leaders shall be decided upon by the federal state, which have them and are
hereby recognized by the constitution.
3)
(i) The people of the federal state concerned shall bear the
cost of maintenance and keep-up of their
constitution traditional
leaders as well as
for any institution attached thereto.
(ii) the indigenous people of the federal
state nor those from outside the federal state may be compelled to adhere
to traditions and/ or cultural practices of that area or
federal state, nor may they be compelled to pay allegiance to the
constitutional traditional leaders.
(c)
The decision whether or not to remunerate close relatives of
the constitutional traditional leaders shall be exclusively decided by the federal
state concerned.
4) (i) A constitutional traditional leader
may not join central government, politics nor take up office in the central
government.
(b)
A constitutional traditional leader who opts to join central
government politics or take up an office in the central government shall first
renounce his title and shall automatically forfeit all benefits and privilege
of a constitutional traditional leader.
(c)
Any relatives of constitutional leader who is numerated by
his local area or federal state who decides to
engage into active central government politics shall automatically
forfeit all the remuneration he is entitled to as a relative of the
constitutional traditional leader but shall not have to renounce his title or
other non-monitory privileges.
5) The election and qualification of a
constitutional traditional leader as well as dismissal of a constitutional
traditional leader shall depend entirely on the tradition and culture heritage
or practice of the people of the federal state concerned.
6)
The power and role of constitutional traditional leader as
be sure as the federal state may determine.
7)
Any cultural dispute between a constitutional traditional
leader and his people shall be mediated by the cultural machinery of the
federal state concerned.
8)
(i) In the event of disagreement between a constitutional traditional leader
and a central government the same shall be referred to a standing mediation
committee to arbitrate on the issue so agreed upon.
(ii) The mediation committee
shall be composed of;
(One)
two persons appointed by the governor of the federal
state from which the concerned
constitutional traditional leader hails.
(Two)
Two persons appointed by the central government;
(Three)
One neutral member elected jointly by the four affronted
appointees to form a fifth member of the chairman of the mediation committee.
(d)
The decision of the committee shall be binding, shall have
the same force of law as a high court judgement and shall be final.
4)
ALTERATION OF CONSTITUTION
(1)
Subject to the provision of this article, parliament may
alter any of the provisions of this constitution.
(2)
Subject to the provisions of clause (3)of this article, no
amendment of the constitution shall be effective unless; (a) it has been supported on the second
and third readings in Parliament by the votes of at least two thirds majority
of all members of the parliament.
(b) It id supported by a simple
majority of at least eight of the fourteen federal states.
3)Any amendment to the
constitution under this article so far as it provides for an alteration to any
provisions of chapter I, II or III or articles 33, 40, 41(4), 42, 43, 46, 49,
59, 82, 83, 84 (2), 85, 90,103, 112, 113, 127, 129, 130, 140, and 145 of this
constitution or any provision of schedule I, II, IV or V to this constitution shall
not be effective unless it has been supported on the second and third readings
by the votes of not less than two thirds of all members of parliament and a
simply majority in all federal state councils.
Provision that were such
amendment affects the parliament institution of a federal state or the
position, rights, or privilege of the constitutional traditional leader, the
amendment shall not be effective except with the third majority of the federal
state concerned, in addition with all the other requirements of this clause.
4) A motion for altering the
constitution may originate either in parliament or in a federal council.
5)
(a) The president shall not signify his assent to any
amendment to the constitution under this article unless the amendment is accompanied
by the certificate of the speaker signed by him certifying that the amendment
has been supported in parliament as required by this article and traditional
certificate signed by the persons presiding over each of the relevant federal
state council required under clause 2 and 3 hereof.
(b) The certificate referred to
in this clause shall be conclusive evidence of the fact so certified.
(Four)
In this article, referees to any of the provision of this
constitution include reference to any law, or any instrument made under a law
not amends,
modifies, re-enacts with or
without amendment or modification or makes different provisions in lieu of that
provision.
CHAPTER
II
CITIZENSHIP
II
5. CITIZEN OF
(1) The following
persons shall be citizens of
(One)
Every person who on the commencement of this constitution is
a citizen of
(Two)
Every person born in
(Three)
Every person born outside Uganda after the commencement of
this constitution one of whose parents or grandparents is or was a citizen of
Uganda provided that his father was a citizen of Uganda otherwise than by
virtue or this paragraph at the time of the person’s birth or in case of the
father’s death before that persons birth, at the time of the father’s death;
(Four)
Every person lawfully registers as a citizen of
(2) Any person being a minor
whose father acquired citizenship by virtue of the provision of paragraph (d)
of clause (1) of this article after the
Coming into forces of this
constitution shall by virtue of that acquisition to be a citizen of
(3)
The provision of immediate proceeding clause shall apply to any person being a
minor, who at the coming into force of the constitution is a person whose
father acquired citizenship of
(4)
The following persons, if not citizen of Uganda, shall be
entitled to be register as citizen of
Uganda upon making application in such manners as may be prescribed by
Parliament, that is to say;
(One)
Any woman who is at any time has been married to a citizen
of
(Two)
Any woman who as at any time married to a person who but for
his death before
(5)
for the purpose of this chapter, a person born abroad a
registered ship or air craft or abroad an unregistered ship or air craft of any country shall be
deemed to have been born in the place which the ship or air craft was register
or as the case may be in that country.
(6)
POWERS OF PARLIAMENT.
(1)
Parliament may make provision for the acquisition of
citizenship of
(2)
Parliament may make provision for depriving of his citizen
of
(3)
Parliament may make provision for renunciation any person of
his citizenship of
DUAL CITIZENSHIP.
(1)
Any person who, upon the attainment of the age of twenty one
years, is a citizen of Uganda and also a citizen of some country other than
Uganda shall, subject to clause (5) of this article, cease to be a citizen of
Uganda upon attaining the age of twenty two years unless he has renounced his
citizenship of that other country, taken the oath of allegiance and, in the
case of a person born outside Uganda, made and registered such declaration of
his intentions concerning residence as may be prescribed by parliament.
(2)
A citizen of
(One)
Having attained the age of twenty-one years, he otherwise
acquires the citizenship of some other county other than
(Two)
Having attained the age of twenty-one years, he other wise
requires the citizen of some other country other than Uganda and has not,
within one year of acquiring that citizenship, renounced that citizenship,
taken the oaths of allegiance and made and register such declaration of his
attention concerning residence as may be prescribed by parliament.
(3)
A person who,
(a) becomes a citizen of
(b) is immediately after the day upon which he
becomes a citizen of Uganda and also a citizen of some other country, shall
subject to clause of this
article, ceases to be a citizen of Uganda at an expiration of three months
after that day unless he ahs renounced the citizenship of that other
country, taken the oaths of
allegiance, and made and registered such
declaration of his intention concerning residence as may be
prescribed by parliament.
(4)
For the purpose of this article, where under the Law of a country,
other than Uganda, a person can not renounce his citizenship of that other
country, he need not make such renouncements but he may instead be requir3ed to make such
declaration concerning that citizenship may be prescribed by parliament.
(5)
Provision may be made by or under an Act for parliament for
extending the period in which any person may make a renunciation of
citizenship, take an oath or make or register
a declaration for the purpose of this article, and if such provision is
made that person shall cease to be a citizen of Uganda only if at the
expiration of the extended period he has not then made the renunciation, taken
the oath or made registered the declaration, as the case may be.
8. PREFERANCIAL TREATMENT OF
CITIZENS OF OTHER COUNTRIES
Parliament may make provision
for according preferential treatment to citizen of commonwealth country or any
other country which is a member of any International Organization of which
CHAPTER
III
PROTECTION
OF FUNDAMENTAL RIGHTS 12
AND
FREEDOMS OF THE INDIVIDIAL
9.
FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDIAL
(1)
Every person in
(One)
Life,
(Two)
Subject to article 48 (3) of this constitution, freedom of
conscience, of expression and assembly and association.
(Three)
Protection of the privacy of his home and other property
without compensation, and
(2)
Freedom of cultural association, belonging to traditional
association, or cultural institutions and indulging in cultural activities and
practices.
(3)
In the enjoyments of the rights and freedom referred to in
clause (1) and (2) of this article, no person shall prejudice the rights and
freedoms on others of public interest.
(4)
The provision of this article shall have effect subject to
the limitation contained in this chapter.
10 PROTECTION OF RIGHTS TO LIFE
(1)
No person shall be deprived of his life intentionally save
in execution of the sentence of a court in respect of a criminal offence under
the law of
(2)
Without prejudice to any liability for the contravention of any
other law with respect to the use of force in such cases as are
hereinafter mention a person shall not
be regarded as having deprived of his life in contravention of this article if
he dies as the result of use of force to such extent as in reasonable
justifiable in the circumstance of such cases,
(One)
For the evidence of any person from violence or for the
defense of property.
(Two)
In order to effect the lawful arrest or to prevent the
escape of a person lawfully detained.
(Three)
For the purpose of suppressing a riot, insurrection or
mutiny.
(Four)
In order to prevent the commission by that person of a
criminal offence; or if he dies as a result of a lawful act of war.
11. PROTECTION OF RIGHT TO
PERSONAL
(1)
No person shall be deprived of his personal liberty save as
may be authorized by the in any of the following cases:
(One)
In execution of the sentence or order of a court whether
established for
(Two)
In execution of the order of the court punishing or contempt
of that court or of the court inferior to it;
(Three)
In execution of the order of a court to secure the
fulfillment of any obligation imposed on him by law.
(Four)
For the purpose of bringing him before court in execution of
the order of a court;
(Five)
Upon reasonable suspicion of having committed, or being about to commit, a
criminal offence under the law of
(Six) In the case of a
person who has not attained the age of eighteen years, for the purpose of his
education of welfare;
(Seven)
For the purpose of preventing the spread of an infectious or
contagious diseases;
(Eight)
In the case of a person who is, or is reasonable suspected
to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
(Nine)
For the purpose of preventing the unlawful entry of that
person into Uganda, or for the purpose of affecting the expulsion, extradition
or other lawful removal of that person while he is being conveyed through
Uganda in the course of his extradition or removal as a convicted prisoner from
one country to another;
(Ten)
For the purpose of making, varying, discharging or enforcing
an order providing for the detention of any person or restriction of any person
to any residence or area within Uganda or for prohibiting him from being within such area or for restricting his
possession of specified article or his association and communication with other
persons or for requiring him to notify his movement to any specified authority
or imposing conditions reasonably necessarily for the purpose of enforcing any
such detention, restriction, prohibition or requirement;
(Eleven)
For the purpose of restraining any person during any visit
that he is permitted to make to any part of
(2)
Any person who is arrested, detained or restricted shall be
informed as soon as reasonably practicable, in a language that he understands,
of the reason for his arrest, detention or restriction.
(3)
Any person who is arrested or detained,
(One)
for the purpose of bringing him before a court in execution
of the order of the court, or
(Two)
Upon reasonable suspicion of his having committed or being
about to commit, a criminal offence under the law of Uganda, and who is not
released, shall be brought without undue delay before a court, and if any
person arrested or detained as mentioned in paragraph (b) of this clause is not
tried with in reasonable time, then without prejudice to any further proceeding
that may be brought against him he shall be released, either unconditionally or
upon reasonable conditions including in particular such conditions as are
reasonably necessary to ensure that he appears at the later date for trial or
for proceeding preliminary to a trial.
(4)
Any person who is unlawfully arrested or detained by any
other person shall be entitle to compensation therefore from that other person.
(5)
Where a person is detained or restricted by virtue of such
law as referred to in paragraph (j) of clause (1) of this article or of
paragraph (c) of clause (3) of article
21 of this constitution, the following provisions shall apply, that is to say:
(One)
he shall not, not more than twenty-eight days after the
commencement of this detention or restriction , be furnished with a statement in writing in a
language that he understands specifying the grounds upon which he is detained
or restricted and shall be afforded an opportunity of making representation in
writing to the authority by which his detention or restriction was ordered.
(Two)
His case shall be reviewed by an independent impartial
tribunal established by law and presided over by a person appointed by the
chief justice, and such reviews shall be held:
(i) As soon as reasonably
practicable where the person detained or restricted has made representations to
the authority by which his detention was ordered; or
(ii) In any other case not more
than two months after the commencement of his detention or restriction, and
thereafter during his detention or restriction, at intervals or not more than
six months; provided parliament shall be reviewed by a sub-committee of
parliament set up for that purpose.
(Three)
he shall be afforded reasonable facilities to consult, at
his own expense, a legal representative to the tribunal.
(Four)
At the hearing of his case by the tribunal he shall be permitted
to appear in person or, at his own expense, by a legal representative of his
own choice;
(Five)
The tribunal may make recommendation concerning the
necessity or expediency of continuing the detention or restriction, or the
modification of any conditions attending thereto on any grounds including
ill-health and good behavior, to the authority by which the detention or
restriction was ordered.
(Six) If on the expiry of two consecutive years of
the person’s said continued detention, the person is not duly charged on a
court of law, the said person’s detention shall automatically cease, and the
said person shall be deemed acquitted.
(Seven)
A person so acquitted shall not be re- detained except with
the express decision of parliament, or unless he is charged with an offence in
a court of law.
(6)
Where a person is detained by virtue of such law referred to
in clause (5) of article 23 of this constitution and when the declaration of
the state of the public emergency ceases to have effect, is further detained by
virtue of such law as is referred to in paragraph (j) or clause (i) of this
article or of clause (3) of article 21 of this constitution, the provisions of
sub-paragraphs (i) and (ii) of paragraph (b) of clause (5) of this article
shall not apply in respect of such persons.
(7)
Unless it is otherwise provided by law, the authority to
which recommendations are made pursuant to the provision of paragraph of clause
(5) of this article shall not be obliged to act in accordance with any such
recommendations.
(8)
No order made under such laws as is referred to in paragraph
(j) or clause (1) of this article shall be questioned in any court.
12
PROTECTION FROM SLAVETY AND FORCED LABOUR
(1)
No person shall be held in slavery or servitude.
(2)
No person shall be required to perform forced labour.
(3)
For the purpose of this article, the expression “forced
labour” does not include;
(One)
Any labour required in consequence of the sentence or order
of the court.
(Two)
Labour required of any person while he is lawfully detained
which, though not required in consequence of the sentence or order of the
court, is reasonable necessity in the interest of hygiene or for the
maintenance of the place at which he is detained.
(Three)
Any labour required of a member of the disciplined forces in
pursuance of his duty as such as or in the case of a person who has
conscientious objections to serve as a member of a naval, military or air
force, any labour which that person is required by law to perform in place of
such service;
(Four)
Any labour required during any period when Uganda is in war
or in the event of any emergency or calamities which threatens the life and
well-being of the community, to the
extent that the requiring of such labour is reasonably unjustifiable in the
circumstances or any situation arising or existing during that period or as a
result of such emergency or calamity, for the purpose of dealing with that
situation; or
(Five)
Any labour reasonably required as part of reasonable and
normal communal or other civic obligations.
13. PROTECTION FROM IN HUMAN
TREATMENTS.
(1)
No person shall be subjected to torture or to inhuman or
degrading punishment or other like treatment.
(2)
Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this article to
the extent that the law in question authorizes the infliction of any punishment
that was lawful in
14. PROTECTION FROM DEPRIVATION
OF PROPERTY
(1)
No property of any description shall be compulsory taken
possession of, and no interest in or right over property of any description
shall be compulsory acquired, except where the following conditions are
satisfied that is to say;
(One)
The taking of possessions or acquisition is necessary to the
interest of defense, public safety, public order, public morality, public
health, town and country planning or the
development or utilization or of ant property in such manners as to
promote the public benefit; and
(Two)
The necessity therefore is such as to afford reasonably
justification for the causing of any hardship that may result to any person
having an interest in or right over the property; and
(Three)
Provision is made by law applicable to that taking of
possession or acquisition,
(i) for the payment of prompt
and adequate compensation; and
(ii)
securing to any person having an interest in or right over the property a right
of access to the high court, where direct or on appeal from any other authority, for the
determination of his interest or rights, the legality of the taking of
possession or acquisition of the
property, interest of right and the amount of any compensation to which,
he is entitled, and for the purpose of obtaining payments of that compensation.
(2)
Nothing in this article shall be construed as effecting the
making or operation of any law so far as it provides for the taking of
possessions or acquisition of property.
(One)
in satisfaction of any tax, rate due;
(Two)
by way of penalty for breach of the law, whether under civil
process or after conviction of a criminal offence under the law of
(Three)
As an incident of a lease, tenancy mortgage, charge bill of
sale, pledge or contract;
(Four)
By way of the vesting or administration of trust property,
enemy property or the property of persons adjudged or otherwise declaimed
bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies
corporate or incorporate in the course of being wound up;
(Five)
In the execution of judgements or orders of the court
(Six)
By reasons of it’s being in a dangerous state or injurious
to the health of human beings, animal and plants.
(Seven)
In consequences of any law with respect to the limitation of
action, or
(Eight)
For so long only as may be necessary for the purpose of any
examination, investigation, trial or inquiry or, in the case of land, the
carrying out thereon;
(Nine)
of work of soil conservation or the conservation of other
natural resources ;
(b)
of agricultural development or improvement that the owner or
occupier of the land has been required, and has, without reasonable and lawful
excuse, refused or failed to carry out,
or
(c)
of mining or prospecting operation.
(3)
Nothing of this article shall be constructed as affecting
the making or operation of any law of compulsory taking of possession in the
public interest or any property, or the compulsory acquisition in the public
interest of any interest in or right over property, interest or right is held
by a body corporate established by law
for public purposes in which no moneys have been invested other than moneys
provided by parliament.
15. PROTECTION FOR PRIVACY OF
HOME AND OTHER PROPERTY
(1)
Except with his own consent, no person shall be subjected to
the search of his person or his property or the entry by others of his
premises.
(2)
Nothing contained in or done under the authority of any law
shall be held to be in contravention of his article to the extent that the law
in question makes provision.
(One)
that is reasonable required in the interest of defense,
public safety, public order, public morality, the investigation of crime,
public health, town and country planning, the development and utilization of
mineral resources, or the development and utilization of ant other property in
such a manner as to promote the public benefit.
(Two)
That is reasonably required for the purpose of promoting the
rights or freedom of other persons
(Three)
That authorizes an officer or agent of the Government of
Uganda, the East African Common Services Organization, a local authority or
body corporate established by law by the public purpose to enter on the
premises of any persons in order to inspect those premises or anything thereon
for the purpose of any tax, rate or due or in order to carry out work connected
with any property that is lawfully on those premises and that belongs to that
government, Organization, authority or body corporate, as the case may be.
(Four)
That authorizes, for the purpose of enforcing the judgement
or order of a court in any civil processing, the search of any persons or
property by order of the court or entry upon any premises by such orders,
(Five)
And except so far as that provision or, as the case may be,
any thing cone under the authority thereof is shown not to be reasonably
justifiable in a democratic society.
16. PROVISION TO SECURE
PROTECTION OF LAW.
(1) If any person is charged with a criminal offence, then, unless the charge
is with drawn, the case shall be afforded a fair hearing within a reasonable
time by an independent and impartial court established by law.
(2)Every person who is charged
with a criminal offence,
(One)
Shall be presumed to be innocent until he is proved or has
pleaded guilty.
(Two)
Shall be informed as soon as reasonable practicable in
language that he understands the nature of the offence charged.
(Three)
Shall be given adequate time to facilitate for the
preparation of his defense.
(Four)
Shall be permitted to defend himself before the court in
person or, at his own expense, by a legal representative of his own choice;
(Five)
Shall be afforded facilities to examine in person or by his
legal representative the witnesses called by the prosecution before the court,
and to obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court on the same conditions as those applying
to witnesses called by the prosecution.
(Six) Shall be permitted to
have without payment as assistance of an interpreter if he can not understand
the language used at the trial of the charge.
(Seven)
And except with his own consent the trial shall not take
place in his absence unless he so conducts himself to render the continence of
the proceedings in his presence impracticable and the court has ordered him to
be removed and the trial to proceed in his absence.
(3)
When a person is tried for any criminal offence, the accused
person or any person authorized by him in that behalf shall, if he so requires
and subject to the payment of such reasonable fee as may prescribed by law, be given
within a reasonable time after judgement a copy for the use of the accused
persons of any record of the proceeding made by or on the behalf of the court.
(4)
No person shall be held to be guilty of a criminal offence
on account on any act or omission that did not at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal
offence that is severe in degree or description that the maximum penalty that
might have been imposed for that offence at the time when it was committed.
(5)
No person who shows that he has been tried by a competent
court for the criminal offence and either convicted or acquitted shall again be
tried for that offence or for any other criminal offence of which he could have
been convicted at the trial for that offence, save upon the order of the
superior court in the course of appeal or review proceedings relating to the
conviction or acquittal.
(6)
No person shall be trial for a criminal offence unless that
offence if he shows that he has been pardoned for that offence.
(7)
No person who is tried of a criminal offence shall be
compiled to give evidence at the trial.
(8)
No person shall be convicted for a criminal offence unless
that offence is defined and the penalty therefor is prescribed in a written
law.
Provided that nothing in this
clause shall prevent a court of record from punishing any person from contempt
of its self not with standing that the act or omission constituting the
contempt is not defined in a written law and the penalty thereafter is not prescribed.
(9)
Any court of other adjudicating authority prescribed by the
law for determination of the existence or extent of any civil right or
obligation shall be established by law and shall be independent and impartial
and where proceedings for such a determination are instituted by any person
before such a court or other adjudicating authority, the case shall be given a
fair hearing within a reasonable time.
(10) Except with the agreement of all the parties
thereto, all proceeding of any court and proceeding for the determination of
the existence for extent of any civil rights or obligation before any other
adjudicating authority, including the announcement of the decision of the court
or other authority, shall be held in public.
(11) Nothing in the last foregoing clause shall
prevent the court or other adjudicating
authority from excluding from the processing persons other than the
parties thereto and there legal representative to such extent as the court or other authority,
(One)
May consider necessary or expedient in circumstance where
publicity would prejudice the interest of justice or interlocutory proceeding.
Or
(Two)
May be empowered by law to do so in the interest of defense,
public safety, public order, public morality, the welfare of a persons under
the age of eighteen years or the protection of the private lives of persons
concerned in the proceeding
(12) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or
in contravention of
(One)
paragraph (a) of clause (2)
of this article to the extent that the law in question imposes upon any person charged with a criminal offence the burden of
providing particular facts
(Two)
paragraph (e) of clause (2)
of this article to the extent that the law in question imposes
conditions that must be satisfied if witnesses called to testified on behalf of
any accused person
(10)
Except
with the agreement of all the parties thereto, all proceedings of every court
and proceedings for the determination of the existence or extent of any civil
right or obligation before any other adjudicating authority, including the
announcement of the decision of the court or other authority, shall be held in
public.
(11)
Nothing in the last foregoing clause shall prevent
the court or other adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their legal representatives to such
extent as the court or other authority.
(a)
may consider necessary or expedient in circumstances
where publicity would prejudice the interests of justice or interlocutory
proceedings;
(b)
may be empowered by
law to do so in the interests of defence, public safety, public order, public
morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings.
(12)
Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in contravention of,
(a)
paragraph (1) of clause (2) of this article to the
extent that the law in question imposes upon any person charged with a criminal
offence the burden of providing particular facts;
(b)
paragraph (e) of clause (2) of this article to the
extent that the law in question imposes conditions that must be satisfied if
witnesses called to testify on behalf on an accused person are to be paid if
their expenses out of public funds;
(c)
clause (5) of this article to the extent that the
law in question authorizes a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that
member under the disciplinary law of theft force, but any court so trying such
a ember and convicting him shall in sentencing him to any punishment take into
account any punishment awarded him under the disciplinary law.
(13) For the purposes of this article, the
expression, “criminal offence” means a criminal offence under the law of
17.
PROTECTION OF FREEDOM OF CONSCIENCE
(1)
Except with his own consent, no person shall be
hindered in the enjoyment of his freedom of conscience, and for the purposes of
this article, the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief, and freedom, either alone or in
community with others, and both in public and in private, to manifest and
propagate his religion or belief in worship, teaching, practice and observance.
(2)
Except with his own consent, or if he is a minor,
the consent of his guardian, no person attending any place of education shall
be required to receive religious instruction or to take part in or attend any
religious ceremony or observance if that instruction, ceremony or observance
relates to a religion other than his own.
(3)
No person shall be compelled to take any oath which
is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(4)
Nothing contained in or done under the authority of
any law shall be held to the inconsistent with or in contravention of this
article to the extent that the law in question makes provision which is
reasonably required,
(a)
in the interests of
national economy, the running of essential services, defence, public safety,
public order, public morality or public health.
(b)
for the purpose of
protecting the rights and freedoms of other persons, including the right to
observe and practice any religion without the unsolicited intervention of
members of any other religion.
18.
PROTECTION OF FREEDOM OF EXPRESSION
(1)
Except with his own consent, no person shall be
hindered in the enjoyment of his freedom of expression, that is to say, freedom
to hold opinions and to receive and impart ideas and information without
interference, and freedom from interference with his correspondence.
(2)
Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision,
(a)
that is reasonably required in the interests of
national economy, the running of essential services, defence, public, safety,
public order, public morality or public health; or
(b)
that is reasonably required for the purpose of
protecting the reputations, rights and freedoms of other persons or the private
lives of persons concerned in legal proceedings, preventing the disclosure of
information received in confidence, maintaining the authority and independence
of the courts, or regulating telephone, telegraphy, posts, wireless
broadcasting, television, public exhibitions or public entertainments; or
(c)
that imposes
restrictions upon public officers, and except so far as that provision or, as
the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
19.
PROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION
(1)
Except with his own consent, no person shall be
hindered in the enjoyment of his freedom of assembly and association, that is
to say, his right to assemble freely and associate with other persons and in
particular to form or belong to trade unions or other associations for the
protection of his interest.
(2)
Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision,
(a)
that is reasonably required in the interests of the
national economy, the running of essential services, defence, public safety,
public order, public morality or public health; or
(b)
that is reasonably required for the purpose of protecting
the rights or freedoms of other persons; or
(c)
that imposes restrictions upon public officers or
(d)
that imposes such restrictions as are set out in
paragraph (j0 of clause (1) or article 11; or
(e)
for the regulation of industrial or labour disputes;
or
(f)
for the proper management of trade unions and
co-operative societies or associations; or
(g)
for the regulation
and control of the formation, management and operation of political parties.
20.
PROTECTION OF FREEDOM OF CULTURAL ASSOCIATION
(1)
No persons hall be deprived
of his freedom to pay any allegiance to a constitutional Traditional Leader or
to support any constitutional Leader or traditional institution or a
traditional or cultural practice.
(2)
No person shall be forced to pay any allegiance to a
Constitutional Traditional Leader or any traditional institution or cultural practice.
21.
PROTECTION OF FREEDOM OF MOVEMENT
(1)
No person shall be deprived of his freedom of
movement, and for the purposes of this article and said freedom means the right
to move freely throughout
(2)
Any restriction on a person’s freedom of movement
that is involved in such detention or restriction as may be authorised by law
as mentioned in article 11 shall not be held to be inconsistent with or in
contravention of this Article.
(3)
Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision,
(a)
for the imposition of restrictions, by order of a
court, that are reasonably required in the interests of defence, public safety
or public order on the movement or residence within
(b)
for the imposition of restrictions by order of a
court, on the movements or residence within Uganda of any person either in
consequence of his having been found guilty of a criminal offence under the law
of Uganda or for the purpose of ensuring that he appears before a court at a
later date for trial of such criminal offence or for proceedings preliminary to
trial or for proceedings relating to his extradition or other lawful removal
from Uganda;
(c)
for the imposition of restrictions that are
reasonably required in the interests of national economy, the running of
essential services, defence, public safety, public order, public morality or
public health on the movement or residence within Uganda of any persons
generally, or any class or persons, and accept so far as that provision or, as
the case may be, the thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society;
(d)
for the imposition of restrictions on the freedom of
movement of any person who is no a citizen of
(e)
for the imposition of restrictions on the acquisition
or use by any person of land or other property in
(f)
for the imposition of restriction upon the movement
or residence within
(g)
for the removal of a person from Uganda to be tried
outside Uganda for a criminal offence or to undergo imprisonment in some other
country in execution of the sentence of a court in respect of a criminal
offence under the law or Uganda or which he has been convicted.
(4)
If any person whose freedom of movement has been
restricted by the order of a court by virtue of such a provision as is referred
to in paragraph (a) of clause (3) of this article so requests at any time
during the period of that restriction not earlier than six months after the
order was made or six months after he last made such request, as the case may
be his case shall be reviewed by that court or, if so provided by law, by an
independent and impartial tribunal presided over by a person appointed by the
chief Justice.
(5)
On any review by a court or a tribunal pursuance of
clause (4) of this article of the case of any person whose freedom o movement
has been restricted, the court of tribunal may, subject to the provisions of
any law, make such order for the continuation or termination of the restriction
as it may consider necessary or expedient.
22.
PROTECTION FROM DISCRIMINATION ON GROUNDS OF RATE
ETC.
(1)
Subject to the provisions of clauses (2), (50 and
(7) of this article, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2)
Subject to the provisions of clauses (6), (7) and
(3) of this article, no person shall be treated in a discriminatory manner by
any person acting by virtue of any written law or in the performance of the
functions of any public office or any public authority.
(3)
For the purposes of this article, the expression
“discriminatory” means affording different treatment to different persons
attributable wholly or mainly to their respective descriptions by race, tribe,
place or origin, political opinion, colour or creed whereby persons of one such
description are subjected to disabilities or restrictions to which persons of
another such description are not made subject or are accorded privileges or
advantages which are not accorded to persons of another such description.
(4)
Clause (1) of this article shall not apply to any
law so far as that law makes provision,
(a)
for the appropriation of public revenues or other
public funds; or
(b)
with respect to persons who are not citizens of
(c)
with respect to citizenship of
(d)
with respect to adoption, marriage, divorce, burial,
devolution or property on death or other matters of personal law; or
(e)
for the application in the case of members of a
particular race or tribe of customary law with respect to any matter to the
exclusion of any law with respect to that matter which is applicable in the
case of other persons; or
(f)
for the imposition of restriction on the acquisition
or use by any person of land or other property in
(g)
whereby persons of any such description as is
mentioned in clause (3) of this article may be subjected to any disability of
restriction or may be accorded any privilege or advantage which, having regard
to its nature and to special circumstances pertaining to those persons or to special
circumstances pertaining to those persons or to persons of any other such
description, is reasonably justifiable in a democratic society; or
(h)
for the employment
of a proportion of African citizens of
(5)
Nothing contained in any law shall be held to be
inconsistent with or in contravention of clause (1) of this article to the
extent that it makes provision with respect to qualifications for service as a
public officer or as a member of a disciplined force or for the service of a
local authority or a body corporate established directly by any law.
(6)
Clause (2) of this article shall not apply to
anything which is expressly or by necessary implication authorised to be done
by any such provision of law as is referred to in clause (4) or (5) of this
article.
(7)
Nothing contained in or done under the authority of
any law shall be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision whereby persons
of any such description as is mentioned in clause (3) of this article may be
subjected to any action or restriction authorise by law in accordance with
clause (1) of article 11, clause (2) of article 15, clause (4) of article 17,
clause (2) of article 18, clause (2) of article 19, or clause (2) or (3) of
article 21, as the case may be.
(8)
Nothing in clause (2) o this article shall affect
any discretion relating to the institution, conduct, or discontinuance of civil
or criminal proceedings in any court that is vested in any person by or under
this Constitution or any other law.
23.
PROVISIONS FOR TIMES OF WAR OR PUBLIC EMERGENCY
(1)
The President acting in accordance with the advice
of the cabinet may at any time, by proclamation published in the Gazette, declare that a state of public emergency exists in
(2)
A declaration of a state of public emergency under
the provisions of this article, if not sooner revoked, shall cease to have
effect,
(a)
in the case of a declaration made when parliament is
sitting or has been summoned to meet within fourteen days, at the expiration of
a period of fourteen days beginning with the date f publication of the
declaration;
(b)
in any other case,
at the expiration of a period of thirty days beginning with the date of
publication of the declaration.
Unless, before the
expiration of that period the declaration of a state of public emergency is
approved by a solution passed in that behalf by not less than one-half of all
the members of the parliament.
(3)
Subject to the provisions of clause (4) of this
article, a declaration of a state of public emergency approved by resolution of
Parliament under the provisions of
clause (2) or this Article shall continue in force until the expiration of a
period of six months beginning with the date of its being so approved or until
such earlier date as may be specified in
the resolution;
(4)
Parliament may by resolution passed by a majority of
the members of Parliament at any time revoke a declaration of a state of public
emergency approved by Parliament under the provisions of this article.
(5)
Nothing contained in or done under the authority of
an Act of Parliament shall be held to be inconsistent with or in contravention
of article 11, 16, and 21 or 22 of this Constitution to the extent that the Act
authorises the taking during any period when Uganda is at war or any period
when a declaration of a state of public emergency under this article I in
force, of measures that are necessary of the purpose of dealing with the
situation that exists during that period:
Provided that the provisions
of this clause shall not apply in relation to anything contained in or done
under the authority of any instrument having the fore of law that is made under
th provisions of an Act of Parliament, during a period when a declaration of a
state of public emergency is in force by virtue of a resolution of Parliament
has, by a like resolution, affirmed that that instrument shall have effect
during that period.
(6)
Where a person is detained by virtue of such law as
is referred to in clause (5) of this article the following provisions shall
apply, that is to say,
(a)
he shall, as soon as reasonably practicable in any
case not more than two months after the commencement of his detention, be
furnished with a statement in writing in a language that he understands
specifying the grounds upon which he is detained;
(b)
not more than twenty-eight days after the
commencement of his detention a notification shall be published in the Gazette
stating that he has been detained and giving particulars of the provision of
law under which his detention is authorised;
(c)
not more than three months after the commencement of
his detention and thereafter during his detention at intervals of not more than
six months, his case shall be reviewed by an independent and impartial tribunal
established by law and presided over by a person appointed by the Chief
Justice;
(d)
he shall be afforded reasonable facilities to
consult, a his own expense, a legal representative of his own choice who shall
be permitted to make representations to the tribunal appointed for the review
of the case of the detained person;
(e)
at the hearing of
his case by the tribunal appointed for the review of his case he shall be
permitted to appear in person or, at his own expense, by a legal representative
of his own choice.
(7)
On any review by a tribunal in pursuance of this
article of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention or the
modification of any conditions attendant thereto on any grounds including
ill-health and good behaviour, to the authority by which it was ordered but,
unless it is otherwise provided by law, that authority shall not be obliged to
act in accordance with any such recommendations.
(8)
The Minister shall every three months publish in the
Gazette the total number of persons detained by virtue of such a law as is
referred to in clause (5) of this article.
(9)
For the avoidance of doubt it is hereby declared
that for the purposes
of this article and for any law made pursuant thereto the expression
“detention” means detention under an
order of the Minister.
24.
PROVISIONS FOR A STATE OF
(1)
The President, acting in accordance with the advice
of the Cabinet may at any time, by proclamation published in the Gazette declare that a state of insurgency exists in
(2)
A declaration of a state of insurgency made under
this Article shall remain in force for a period of six months from the date of
its publication unless, before the expiration of that period the declaration is
approved by resolution of not less than one half of all the members of the
legislature.
(3)
A declaration of a state of insurgency approved by
resolution of the legislature under the provision of clause (2) of this Article, shall remain in force for a period of six months
from the date of approval, or until such earlier date as may be specified in
the resolution.
(4)
The Legislature may at any time after approving a
declaration of a state of insurgency, extend its approval for periods of not
more than six months at a time, or revoke the declaration.
(5)
Nothing contained in or done under the authority of
enactment of the Legislature shall be held to be inconsistent with or in
contravention of Article 11, 16, 21 and 22 of this Constitution to the extent
that the enactment authorises the taking, during any period when a declaration
of a state of insurgency under this Article is in force, of measures that are
necessary for the purpose of dealing with the situation that exists during that
period.
(6)
For the purposes of this Article, the expression
“insurgency” means open and active revolt against the Government of Uganda or
its organs.
25.
ENFORCEMENT OF PROTECTIVE PROVISIONS
(1)
Subject to the provisions of clause (50 of this
article, if any person alleges that any of the provisions of article 8 to 20
inclusive has been, is being is likely to be contravened in relation to him,
then, without prejudice to any other action with respect to the same matter
that is lawfully available, that person may apply to the High court for
redress.
(2)
The High Court shall have original jurisdiction to
hear and determine any application made by any person in pursuance of clause
(1) of this article, and may make such orders, issues such writes and give such
directions as it may consider appropriate for the purpose of enforcing, r
securing the enforcement of, any of the provisions of the said article 9 to 22
inclusive to the protection of which the person concerned is entitled:
Provided that the High Court
shall not exercise its powers under this clause if it is satisfied that
adequate means of redress for the contravention alleged are or have been
available to the person concerned under any other law.
26.
INTERPRETATION AND SAVINGS
(1)
In this Chapter, unless the context otherwise
requires,
“African” means a person who
is a member of an indigenous African tribe or community of
“Contravention” in relation
to any requirement, include a failure to comply with
that requirement, and cognate expressions shall be construed accordingly;
“Court” means any court of
law in
“disciplinary
law” means a law regulating the discipline,
(a)
of any disciplined force; or
(b)
of persons serving prison sentences;
“disciplined
force” means
(a)
a naval, military or air force;
(b)
the Ugandan Police force;
(c)
a police force established by law; enacted by
Parliament;
(d)
the
“member”,
in relation to a disciplined force, included any person who, under the law
regulating the discipline of that force, is subject to that discipline.
(2)
References in this Chapter to public officers
include references to officers and employees in the service of the East African
common Services Organization
(3)
In relation to any person who is a member of a
disciplined force raised under any law in force in Uganda, nothing contained in
or done under the authority of the disciplinary law of that force shall be held
to be inconsistent with or in contravention of any of the provisions of this
Chapter other than articles 11, 12 and 13.
(4)
In relation to any person who is a member of a
disciplined force raised otherwise than as aforesaid and lawfully present in
Uganda, nothing contained in or done under the authority of the disciplinary
law of that force shall beheld to be inconsistent with or in contravention of
any of the provisions of this Chapter.
CHAPTER IV
THE EXECUTIVE
Part 1 The President and Vice President
27.
PRESIDENT OF
(1)
There shall be a President of Uganda who shall be
the Head of State, Head of government and Commander-in-chief of the Armed Forces
of Uganda.
(2)
Except as is provided in clause (1) of this article,
the President shall not hold any other office of profit.
(3)
Subject to the Article 129, the President shall take
precedence over all persons in
(4)
The President shall be exempt from direct personal
taxation.
(5)
The President shall receive such salary, allowances
and gratuity on retirement from office such pension or other allowances, as may
be prescribed by Parliament.
(6)
The salary, allowances and gratuity payable to the
President and any pension or other allowances payable to him on retirement are
hereby charged upon the Consolidated Fund.
(7)
For the purpose of this article the expression “retirement”
includes resignation.
28.
QUALIFICATION FOR THE PRESIDENT
A person shall be qualified
to be the President and shall not be so qualified unless:
(1)
he is a citizen of
(2)
he has attained the
age of forty five years. (14).
(3)
He is supported by at least 40% of RC 3, or its
equivalent, of the entire Country. 15
29.
ELECTION OF PRESIDENT
The President shall be
directly elected through universal adult suffrage on a non-partisan basis at
least one month before the election of members of Parliament (16).
30.
DETERMINATION OF QUESTIONS AS TO ELECTION OF
PRESIDENT
(1)
For the purposes of article 29 of this Constitution
the High Court shall have jurisdiction to hear and determine any question
whether the President was validly elected.
(2)
Parliament may make provision with respect to,
(a)
the persons who may apply to the High Court for
determination of any question under this article;
(b)
the circumstances and manner in which and the
conditions upon which any such application may be made; and
(c)
the powers, practice
and procedure of the High Court in relation to any such application.
31.
OATH TO BE TAKEN BY PRESIDENT
Before assuming office of the President
shall take and subscribe the oath of allegiance and such other oath, if any, as
may be prescribed by Parliament.
32.
ASSUMPTION AND TENURE OF THE PRESIDENT
(1)
A person who is elected President shall assume the
office of President
within twenty four hours of election.
(2)
Subject to the provisions of their Constitution, a
person shall hold office as President for a term of five years beginning with
the day on which he takes and subscribes the oath of allegiance in accordance
with the provisions of articles 31 of this Constitution.
(3)
Where a person assumes the office of President by
virtue of article 29 of this Constitution, he shall hold office for a period of
five years but shall exceed two terms 17.
(4)
Where a person assumes the office of President
otherwise than after a general election, he shall hold office for the remainder
of the unexpired term of the person whom he succeeds as President.
(5)
The President may, at any time by writing under his
hand addressed to the Chief Justice, resign the office of President.
33.
REMOVAL AND IMPEACHMENT OF THE PRESIDENT
1.
If the Cabinet resoles upon a motion proposed by any
member thereof and supported by the votes of a majority of all the members of
the Cabinet that the question of the mental or physical capacity of the
President to discharge the functions of his office ought to be investigated and
so informs the Chief Justice, then,
(a)
the Chief Justice shall appoint a board consisting
of five persons who are qualified medial practitioners under the law of Uganda
or of any other country and who have
been so qualified for not less than five years; and
(b)
the board shall
inquire into the matter and shall make a
report to the Chief Justice stating the opinion of the board whether or not the
President is, by reason of any infirmity of body or mind, incapable of
discharging the functions of his office.
2.
Where a resolution is passed by the Cabinet under
clause (1) of this article, the President shall, until another person assumes
the office of President or the board appointed in pursuance of that clause
reports that the President is not incapable of discharging the functions of his
office whichever is the earlier, cease to perform the functions of his office.
3.
If the board appointed under this article reports
that the President is incapable of discharging the functions of the office of
President, the chief Justice shall certify in writing accordingly and shall
submit the report together with his certificate to the Cabinet.
4.
The Cabinet shall inform the President of the
contents of the report submitted under the immediately preceding clause and
unless the President resigns, he may be removed from office by the Parliament
upon a resolution in that behalf or if Parliament is dissolved, by the Cabinet
in like manner.
5.
For the purposes of paragraph (b) of clause (1) of
this article the opinion of the majority of all the members of the board shall
be the opinion of the board.
6.
(a) The
President may be impeached by two-thirds of Parliament if:
(i)
he commits a grave mismeanour;
(ii)
he breaches any of
the provisions of Chapter III of this Constitution.
(b) Impeachment shall be by two-thirds
majority of Parliament and two-thirds majority in at least eight of the
fourteen states.
7.
When the President is impeached and ---- of office
has expired, he shall forthwith cease to be President.
8.
If the person referred to above refuses to leave
office, then any citizen of
VICE PRESIDENT
(1)
There shall be a Vice-President of Uganda who shall
be the running-mate of the winning Presidential candidate as under article 29
of this Constitution.
(2)
A prospective Presidential candidate shall declare
his own running mate.
(3)
The running mate of a Presidential candidate shall be possessed of
the qualifications prescribed in article 28 (1) and (2) for this Constitution.
(4)
The Vice-President shall on entering upon the duties
of his office take and subscribe the oath of allegiance and such other oath or
the execution of his office as may be prescribed by Parliament if he has not
already taken any oath.
(5)
The Vice-President shall receive such salary,
allowances and gratuity and on retirement from office such pension or other
allowances, as may be prescribed by Parliament.
(6)
The salary, allowances and gratuity payable to the
Vice-President and any pension or other allowances payable to him on retirement
are hereby charged upon the Consolidated Fund.
(7)
In case of the removal of the President from office,
or of his oath, resignation, or inability to discharge the powers ad duties of
the said office, the same shall vest in the Vice-President for the un expired
term of the President.
(8)
For the purposes of this article the expression,
“retirement” includes resignation and cessation to hold office for any cause.
MINISTERS AND THE
CABINET
35 (1) The
President may appoint a Prime Minster, Ministers, Ministers
of State or Deputy Ministers and may
assign them such duties as deems fit.
Provided that where the
appointment of a Prime Minister, Ministers of State or Deputy Minister is made
from among the members of Parliament of Federal State Council the person to be
appointed shall resign his seat in Parliament or the Federal State Council as
the case may be. 21
(2) All ministerial appointments shall
first be approved by Parliament and no person shall execute the office of a
Minister until his appointment has been so approved. 22
(3)
The office of a Prime Minsiter, Minister of State or
Deputy Minister appointed under this Article shall become vacant.
(a)
if a new President assumes office;
(b)
if the holder of the office resigns;
(c)
if the President so
directs.
36.
FUNCTIONS OF MINISTERS,
(1)
A Minister shall be responsible for such functions of the
Government of Uganda including responsibility for any implement the policy of
the Government of Uganda in the
performance of this function the Cabinet shall be collectively
responsible to Parliament.
40.
MEETINGS OF CABINET
(1)
The Cabinet shall be summoned by the President or in
this absence by the Vice-President.
(2)
The President shall so far as is practicable attend
and preside at all meeting of the
Cabinet such Minister as the President shall in writing appoint shall preside
at the meeting of the Cabinet. And in the absence of the President the
Vice-President shall preside.
(3)
If for any cause the President and the Vice
President are unable to a--- any meetings of the Cabinet. Such Minister as the
President shall in writing appoint shall preside at the meeting of the cabinet.
FEDERAL STATE
GOVERNMENTS
41. (1) There shall be a Government in each state headed by a
Governor or such
other name as each
(2)
Elections for the office of Governor shall be by the
RC system, provided the C IV Councils of each State shall constitute themselves
into an electoral college.
(3)
There shall be a Federal State Cabinet of Ministers
in each
42. COMPOSITION OF PARLIAMENT
(1)
Parliament shall consist of the following categories
of members
(a) (i) Not more than 155 elected members
unless Parliament
otherwise resolves;
(ii)
These shall be elected from various Districts in
proportion to the population of each District provided no District shall have
less than one elected member.
(b) (i) ten (10) Presidential nominees; and
(ii)
the President shall
fill any vacancy amongst such department of the Government as the President may
by directions in writing assign to him.
(2)
Where any Minister has been charged with
responsibility for any department of the Government of Uganda he shall be
responsible for the administration of that department and in the control of
that department and in the discharge of his functions under this article, he shall
be responsible to the Cabinet.
(3)
A Minister of state or deputy Minster shall assist
such Minister as the President may specify in the performance of that Ministers
functions under this article.
37.
ATTORNEY GENERAL
(1)
There
shall be an Attorney General who shall be the principal legal
adviser to the
Government of Uganda, appointed by the President on approval of Parliament.
(2)
Subject
to the provisions of this Constitution, the Attorney General
shall represent
of
privileges or
functions before any court.
(3) The office of the Attorney General
shall become vacant:-
(a)
if a new President assumes office;
(b)
if the holder of the office resigns;
(c)
upon the assumption of any person to the office of
President; or
(d)
if the President so
directs.
38.
OATHS TO BE TAKEN MINISTERS etc
A Minister shall not enter
upon the duties of his office unless he has taken and subscribed the oath of allegiance
and such oath for the late execution of his office as may be prescribed by
Parliament.
CABINET
(1)
There shall be a Cabinet of Ministers which shall
not exceed 17 people consisting of the President, the Vice President, Prime
Minister if any and such other Ministers as may be appointed to the Cabinet by
the President.
(2)
The number of Ministers may be increased if
Parliament does so resolve.
(3)
The functions of the Cabinet shall be to formulate and Presidential
nominees however caused.
(c) (i) ten (10) members of the National
Resistance Army
appointed by the National
Resistance Army Council.
(ii)
the nomination of
the said members of the National resistance Army shall take place as soon as
possible after the election of the President; and shall be done by the National
resistance Army council.
(iii)
On losing membership of the National Resistance Army
for member shall cease to be a member of the Parliament.
(iv)
The National resistance Army Council shall have the
power to fill any vacancy caused for any reason whatsoever amongst the said
nominated members of the Army.
(d)
Women representatives from each District depending
on the population provided that no District shall be represented by less than
one (1) woman representative nor more than three (3).
43.
FEDERAL STATE COUNCILS AND SUB-STATE COUNCILS
(a)
There shall be a legislature in each federal State
to be known as a Federal State Council which shall be composed of
representatives from the counties making up the State.
(b)
Elections to the Federal State Councils shall be
through direct adult universal suffrage on a non-partisan basis.
Provided nothing in this
article shall prevent a
(c)
The State Council shall in addition to the country
representatives stated above consist of five (50 special nominees appointed by
the State Governor.
44. QUALIFICATIONS FOR
MEMBERSHIP OF PARLIAMENT
Subject to the provisions of
article 5 of this Constitution, a person shall be qualified to be a member of
the Parliament if, and shall not be so qualified unless,
(a)
he is, a citizen of
(b)
he is able to speak and unless incapacitated by
blindness or other physical cause, to read the official language well enough to take an active part
in the proceedings of Parliament and;
(c)
he is a registered
voter.
45. DISQUALIFICATIONS FOR MEMBERSHIP OF
PARLIAMENT
No person shall be
qualified to be a member of Parliament while he;
(a)
is the President or Vice President;
(b)
is a member of a District or Municipal Council;
(c)
is Minister;
(d)
had made a declaration of allegiance to a country
other than
(e)
has been adjudged or otherwise declared bankrupt
under any law in force in
(f)
is adjudged or otherwise declared to be of unsound
mind under any law in force in
(g)
is a civil servant;
(h)
is the Inspector General of Police;
(i)
is the Inspector General of Government or his
Deputy;
(j)
is the Auditor General;
(k)
a Judge or Magistrate;
(l)
is under sentence of death imposed on him by any court
in Uganda or under sentence of imprisonment, by whatever name called, exceeding
six months imposed on him by such a court or substituted by competent authority
for some other sentence imposed on him by such a court, or
(m)
has, within the preceding six years, served a
sentence if imprisonment by whatever name called of six months or more imposed
on him by court in Uganda, other than tribunals set up by the Military regime
of substituted by competent authority for some other sentence imposed on him by
such court having been convicted of an
offence involving moral turpitude.
(2) Parliament may provide that a person
who is the holder of any office the function of which involves;
(a)
any responsibility for, or in connection with the
conduct of any election to Parliament; or
(b)
any responsibility
for the compilation or revision of any register of voters for elections to
Parliament, shall not be qualified to be a member of Parliament.
(3) Parliament may provide that a person
shall not be qualified to be a member of Parliament for such period, not
exceeding five years, as may be prescribed if he is convicted of any such
offence connected with elections to Parliament as may be prescribed or he is
expelled from the Parliament after having been found guilty of contempt of
Parliament by a committee of Parliament.
(4) Parliament may provide that, subject
to article 45 and of such exceptions and limitations if any as may be
prescribed a person shall be disqualified for nomination for elections to
Parliament or be disqualified for membership of Parliament by virtue of
Parliament by virtue of;
(a)
his holding or acting in any office or appointment
that may be prescribed;
(b)
his belonging to any disciplined force
(5) For purposes of this article:
(a)
two or more sentences of imprisonment that are
required to be served consecutively shall be regarded as separate sentences if
none of those sentences exceeds six months, and if any one of such sentences
exceeds that term they shall be regarded as one sentence, and
(b)
no account shall be
taken of a sentence of imprisonment imposed as an alternative to or in default
of the payment of a fine.
(6)
Parliament may prescribe any other disqualifications
other than those specifically referred to in this article.
(7)
In this article “disciplined force” as the same
meaning as in Chapter III of the Constitution.
46.
SPEAKER AND DEPUTY SPEAKER
(1)
A person shall be qualified to be the Speaker and
shall not be so qualified unless he has attained a University degree in Law and
a diploma in Legal Practice.
(2)
A Speaker may be elected from within members of
Parliament or outside it.
(3)
A Prime Minister, the Attorney General, Minister of
State or a Deputy Minister or any person referred to in article 45 shall not be
qualified to be elected as Speaker.
(4)
The Speaker shall vacate his office,
(a)
If, having been elected from among the members of
Parliament, he ceases to be a member of Parliament.
(b)
if any circumstances arise that, if he were no
Speaker, would disqualify him for election as such;
(c)
if he resigns his office;
(d)
if a petition for his removal is addressed to the
President by members of Parliament and is signed by not less than two-thirds of
all the members of Parliament; or
(e)
when Parliament first
meets after any dissolution of Parliament.
No business shall be
transacted in Parliament other than an election to the office of Speaker, at
any time when the office of the Speaker is vacant.
47. DEPUTY SPEAKER
(1)
There shall be a deputy Speaker of Parliament who
shall be elected by the members of Parliament from among persons who are
members of Parliament.
(2)
The members of Parliament shall elect a person to
the office of Deputy Speaker when Parliament first meets after any dissolution
of Parliament and if the office becomes vacant otherwise than by reason of a
dissolution of Parliament, at the first sitting of Parliament after the office
becomes vacant or as soon as is convenient thereafter.
(3)
The Deputy Speaker shall vacate his office,
(a)
if he ceases to be a member of Parliament;
(b)
if he becomes a Prime Minister, Minister, Minister
of State, the Attorney General or Deputy Minister;
(c)
if he resigns his office, or
(d)
if a petition for
his removal is addressed to the President by members of Parliament and is
singed by not less than two-thirds of all the members of Parliament.
48. ELECTION OF ELECTED
MEMBERS
(1)
Subject to the provisions of this article; the
elected members of Parliament shall be directly elected in such manner as may
be prescribed by Parliament to represent.
(2)
Elections for Parliament shall be held not less than
30 but not more than 45 days after the Presidential Elections.
(3)
Candidates shall be free to be independent or after
a period of 5 (five) years from the coming into force of this Constitution to
stand under the names of Political Parties of their choice.
(4)
For avoidance of any doubt, any runner or runner-up
in the Presidential elections shall be free to stand for election to
Parliament.
(5)
The registration of voters for the purposes of
elections of elected members of Parliament conduct of direct elections of these
members shall be subject to the direction and control of the Electoral
Commission.
49.
ELECTIONS OF STATE COUNCILS
Elections of the Federal
State Legislative Council and the Councils below it, shall be through direct
adult universal suffrage on a non partisan basis, but may be of any other
system a given
50.
QUALIFICATIONS OF VOTERS
A person who,
(a)
is a citizen of
(b)
has attained the age
of eighteen years, shall, unless he is disqualified for registration as a voter
under any law, be entitled, upon his making application in that behalf at such
time and is such manner as may be prescribed by Parliament, to be registered as
Voter for the purposes of elections of elected members of Parliament.
51. ELECTORAL COMMISSION
(1)
There shall be an Electoral Commission, which shall
consist of a Chairman and not less than two other members appointed by the
President on approval of Parliament.
52. ELECTORAL COMMISSION
(1)
There shall be an Electoral Commission, which shall
consist of a Chairman and not less than two other members appointed by the
President on approval of Parliament.
(2)
A person shall, not be qualified to hold the office
of a member of the Electoral Commission if he is a member
of Parliament or of Federal State Council, District or Municipal Council or is
a public officer.
(3)
Subject to the provisions of this article, a member
of the Electoral Commission shall vacate his office,
(a)
at the expiration of four years from the date of his
appointment, or
(b)
if any circumstances arise that, if he were not a
member of the commission would cause him to be disqualified for appointments as
such or
(c)
if he resigns his
office.
(4)
A member of the Electoral Commission may be removed
from office by the President but he may be removed only for inability to
discharge the functions of his office, whether arising from infirmity of mind
or body or any other cause, or for misbehaviour.
52. CONSTITUENCIES
(1)
Subject to the provisions of article 42 (1) (a)
Uganda shall be divided into as many constituencies as there are elected
members of parliament in such manner as the Electoral Commission, acting with
the approval of Parliament signified by
resolution, may prescribe.
(2)
The boundaries of each constituency shall be such
that the number of inhabitants thereof is as nearly equal to the population
quota as is reasonably practicable:
(3)
The Electoral Commission shall review the division
of
(4)
The Commission shall carry out the review and, in
accordance with the provisions of this article, alter the constituencies
wherever Parliament has made provision altering the number of elected members
of Parliament; and, in addition, the Commission may at any time carry out such
a review and alter the constituencies in accordance with the provisions of this
article to such extent as it considers necessary by reason of the holding of a
census of the population of Uganda.
(5)
Where the boundaries of any constituency established
under this article are altered, the alteration shall come into effect upon the
next dissolution of Parliament.
(6)
For the purpose of article, the expression
“population quota” means the number
obtained by dividing the number of inhabitants of Uganda by the number of
constituencies into which Uganda is divided under Article 42 (1) (a).
54. (1) The Presidential nominees shall be
nominated before or during the first meeting of parliament after any
dissolution of Parliament.
(1)
Every member of parliament
shall vacate his seat upon dissolution of parliament.
(2)
Every member of parliament shall vacate his seat in
parliament if he is appointed Prime Minister, Minister of State of Deputy
Minster by the President under article 35 (1) of this Constitution and upon
such vacation a by-election will be called to fill the vacant seat.
(3)
A member of Parliament
shall vacate his seat in Parliament.
(a)
if he ceases to be a citizen of
(b)
if he is absent from the sittings of Parliament for
such period and in such circumstances as may be prescribed in the rules of
procedure of Parliament; or
(c)
if he is recalled by the electors
(d)
if in case of multi-party system he changes his
party;
(e)
subject to the provisions of clause (3) of this
article, if nay circumstances arise that, if he were not a member of
Parliament; would cause him to be disqualified for election as such under
clause (1), (3) or (4) of article 45.
(4)
Parliament may, in order to permit a member of
Parliament who has been adjudged or declared bankrupt or of unsound mind or
sentenced to death or imprisonment to appeal against the decision, provided
that, subject to such conditions as may be prescribed, the decisions hall not
have effect for the purpose of this article until such time a may be
prescribed.
55.
DETERMINATION OF QUESTIONS TO MEMBERSHIP OF
PARLIAMENT
(1)
The High Court shall have jurisdiction to hear an
determine any question whether;
(a)
any person has been validly elected as a member of
Parliament or the seat of any member has become vacant;
(b)
any person has been
validly elected as Speaker of Parliament or having been so elected, had vacated
the office of Speaker.
(2)
Parliament may make provision with respect to,
(a)
the persons who may apply to the High Court for the
determination of any question under this article;
(b)
the circumstances and manner in which and the
conditions upon which any such application may be made; and
(c)
the powers, practice
and procedure of the High Court in relation to any such application.
(3)
The determination by the High Court of my question –
this article shall bit be subject to appeal.
56.
CLERK TO PARLIAMENT AND HIS STAFF
(1)
There shall be a Clerk to Parliament
(2)
Unless Parliament otherwise provides, the office of
the Clerk to Parliament and the offices of the members of his staff shall be
public offices.
PROCEDURE IN
PARLIAMENT
57.
OATHS TO BE TAKEN BY MEMBERS OF PARLIAMENT
Every member
of Parliament shall, upon taking his seat
(1)
therein, take and
subscribed before Parliament the oath of allegiance but a member may before
taking that oath take part in the election of a Speaker.
(2)
Any person elected to the office of Speaker who is
such a member of Parliament shall, before entering
upon the duties of his office, take and subscribe the oath of allegiance before
Parliament.
58.
PRESIDING IN PARLIAMENT
There shall preside at any
sitting of Parliament,
(a)
the Speaker, or
(b)
in the absence of the Speaker, the Deputy Speaker;
or
(c)
in the absence of
the Speaker of the Deputy Speaker, such member of Parliament not being a
Minister, the Attorney General or a Deputy Minister, as Parliament may elect
for that purpose.
59.
QUORUM IN PARLIAMENT
If objection is taken by any
member of Parliament present that there are present in Parliament besides the
person presiding less than one third of all members of parliament and, after
such interval as may be prescribed in the rules of procedure of Parliament, the
persons presiding ascertains that the number of members present is till less
than one-third, he shall thereupon adjourn Parliament.
60.
VOTING IN PARLIAMENT
(1)
Save as otherwise provided in this Constitution, any
question proposed for decision in Parliament shall be determined by a majority
of the votes of the members present and voting.
(2)
The person presiding in Parliament shall have
neither an original nor a casting vote and if upon any question before
Parliament the votes are equally divided the motion shall be lost.
(3)
The rules of procedure of parliament may make
provision under which a member who votes upon a question in which he has a direct pecuniary interest
shall be deemed not to have voted.
61.
UNQUALIFIED PERSON SITTING OR VOTING
Any person who sits or votes
in Parliament knowing or having reasonable grounds for knowing that he is not
entitled to do so, commits an offence and shall be liable on conviction to a
fine not exceeding ten thousand shillings or to a term of imprisonment not
exceeding one year for each day on which he so sits or votes in Parliament.
PROVIDED:
(a)
that the President
or, on his instruction the Vice President, may address Parliament anytime.
(b)
A Prime Minister, Minister of State or Deputy
Minister who is introducing a Bill shall be entitled to sit in parliament, for
the duration of the debate on that bill, and shall be entitled to present it as
well s to defend it.
62.
MODE OF EXERCISING LEGISLATIVE POWER
(1)
The power of Parliament to make laws shall be
exercised by bills passed by Parliament and assented
to by the President.
(2)
When a bill passed by Parliament and certified, if
necessary as required by Article 4, is presented to the President for assent,
he shall signify that he assents to the bill.
(3)
Without prejudice to the power of parliament to
postpone the operation of any law or to make laws with retrospective effect, a
bill shall not become law until it has been duly assented to in accordance with
this Constitution.
63.
The President shall have no power to veto any Bill
presented to him for assenting if he thinks its not in
the National interest. Provided that where the President vetos a bill and it is
re-passed by a two-thirds majority of all members of parliament and he fails to
assent to it within 10 days it shall automatically become law and shall have
the same effect as it is were assented to by the President.
64.
REGULATION OF PROCEDURE IN PARLIAMENT
(1)
Subject to the provisions of this Constitution,
Parliament may regulate its own procedure including the conduct of the members
of Parliament.
(2)
Parliament may act notwithstanding any vacancy in
its membership, including any vacancy not filled with the Assembly first meets
after any dissolution of Parliament, and the presence or participation of any
person not entitled to be present or to participate in the proceedings of
Parliament shall not invalidate those proceedings.
SUMMONING,
PROROGATION AND DISSOLUTION
65.
SESSION OF PARLIAMENT
(1)
Each session of Parliament shall be held at such a
place within
(2)
There shall be a session of Parliament at least once
in every year so that a period of twelve months shall not intervene between the
last sitting of Parliament and the first sitting thereof in the next session.
(3)
Subject to the provisions of clause (2) of Article
66 whenever Parliament is dissolved, a general election of members of
Parliament shall be held at least 45 days after the date of the dissolution and
a session of parliament shall be appointed to commence within thirty days of
that date.
(4)
If, after a dissolution and before the holding of
the general election of members of Parliament, the President considers that,
owing to the existence of State of war or of a State of emergency in Uganda or
any part thereof, it is necessary to recall Parliament, the President may
require the Speaker to summon the parliament that has been dissolved to meet.
66. (1) The Speaker may at any time prorogue
Parliament.
(2) Parliament shall only be dissolved by
the President at the expiration of the term of office of the elected members of
Parliament.
67. LEGISLATIVE AND
EXECUTIVE POWERS
(1)
Subject to the provisions of this Constitution and
more particularly clauses (2,) (3) and (4) hereof, Parliament shall have power
to make laws for the peace, order and good government and the Federal State
Council of a state may make laws for the whole or any part of the Federal
State.
(2)
Notwithstanding anything in clause (1), of this
article Parliament shall have exclusive power to make laws with respect to any
of the matters enumerated in Schedule II of this constitution referred to as
the “Central Government List”.
(3)
Notwithstanding any thing in clauses (1) and (2) of
this article, Parliament and the State Council of any
(4)
Notwithstanding anything in clauses (1), (2) and (3)
of this article the State Councils shall have exclusive power to make laws with
respect to any of the matters enumerated in Schedule IV of this Constitution
referred to as the “Federal State List”.
68.
If any law enacted by the Federal State Councils is
inconsistent with any law validly made by Parliament, the law made by
Parliament shall prevail and the law of the Federal State Council shall to the
extent of the inconsistency be void.
69. (1) Whenever at any time, save when Parliament in sitting, the
Cabinet
advises the President
that exceptional circumstances exists which render it necessary for him to take
immediate action, he may promulgate such Ordinances as the circumstances appear
to him to require.
(2) If parliament is dissolved and there
is no Parliament the President may promulgate such Ordinances as circumstances
require for the effective government of
(3)
An Ordinance promulgated under this article shall have the same force
and effect as an At of parliament, but every Ordinance,
(a)
shall be laid before Parliament immediately upon its
next meeting;
(b)
shall cease to have effect, but without prejudice to
anything done thereunder at the expiration of six weeks from the reassembly of
Parliament unless passed by Parliament; and
(c)
may be repealed by
the President or by Parliament.
(4)
Nothing in this Article may be interpreted as
empowering the President to make Ordinances on matters contained in the Federal
State List.
ADMINISTRATIVE
RELATIONS
70. The executive power of every
71.
The executive power of every
EXECUTIVE POWERS
72. (1) The executive power of
the provisions of
this Constitution, shall be exercised by him, either directly or through
officers subordinate to him.
(2) In the performance of any function
conferred upon him or in the exercise of any rights, prerogatives or privileges
vested in him by this Constitutions or any other law, the President shall act
in accordance with the
provisions of this Constitution or of any such other law.
(3) Subject to the provisions of this
Constitution, nothing in this article shall prevent Parliament from conferring
by law functions on persons or authorities other than the President.
73. PERMANENT
SECRETARIES
(1)
Subject to the provisions of clause (2) of article
36 of this
Constitution, a department of the Central Government of Uganda shall be under
the suppression of a Permanent Secretary whose office shall be a public office.
(2)
The functions of a Permanent Secretary under this
article shall include;
(a)
the organization and operation of the department
(b)
tendering advice to the Minister in respect of the
business or the department;
(c)
implementation of the policy of the Central
Government of Uganda; and
(d)
responsibility for the proper
expenditure of public moneys.
74.
POLICE FORCES
(1)
There shall be a police force of
(2)
Subject to the provisions of this Constitution,
every police force in
(3)
The Federal States shall be entitled to maintain a
State Local Defence Police Force, of not exceeding one Policeman to one
thousand inhabitants of the Federal States.
75.
CONTROL OF POLICE FORCES
(1)
The Uganda Police Force shall be under the command
of an Inspector – General of Police, whose office shall be a public office.
(2)
The President or such other Minister as my be
authorized in that behalf by the President may give to the Inspector General of
Police such directions with respect to the maintaining and securing of public
safety and public order as he may consider necessary and the Inspector-General
shall comply with those directions or cause them to be complied with.
(3)
The Federal State Local Defence Police Force shall
be under the exclusive control of the
76.
TENURE OF OFFICE OF AUDITOR GENERAL AND INSPECTOR
GENERAL OF GOVERNMENT
(1)
The provisions of this article shall apply in
relation to persons holding the office of Auditor-General, Inspector-General of
Police or Inspector General of Government.
(2)
Subject to the provisions of this article, a person
to whom this article applies shall vacate his office when he attains the age of
fifty-five or such other age as my be prescribed by
Parliament.
(3)
A person to whom this article applies may be removed
from office only for,
(a)
inability to discharge the functions of his office
whether arising from infirmity of body or mind or from any other cause;
(b)
failure to discharge the functions of his office;
(c)
gross misconduct;
(d)
conduct unbecoming of the holder of the office; or
(e)
misbehaviour,
and shall not be so
removed except in accordance with the provisions of this article.
(4)
A person to whom this article applies shall be
removed from office by the President if the question of his removal from office
has been referred to a committee appointed under clause (5) of this article and
the committee has recommended to the President that he ought to be removed from
office.
(5)
If the Cabinet represents to the President that the
question of removing a person to whom this article applies ought to be
investigated, then,
(a)
the President, shall appoint a committee which shall
consist of a Chairman and not less than two other members, being persons who
hold or have held office as a judge of court having unlimited jurisdiction in
civil, or criminal matters or a court having jurisdiction in appeals from such
a court; and
(b)
that committee shall
inquire into the mater and report on the facts thereof to the President and
recommend to the President whether the person ought to be removed under this
article.
(6)
If the question of removing a person to whom this
article applies has been referred to a committee under this article, the
President, may suspend the person from performing the functions of his office
and any such suspension may at any time be revoked by the President, and shall
in any case cease to have effect if the committee recommends to the President
that the person should not be removed.
77.
DIRECTOR OF PUBLIC PROSECUTIONS
(1)
There shall be a Director of Public Prosecutions,
whose office shall be a public office.
(2)
The Director of Public Prosecutions shall have power
in any case in which he considers it desirable so to do,
(a)
to institute and undertake criminal proceedings against
any person before any court, other than a court-martial, in respect of any
offence alleged to have been committed by that person;
(b)
to take over and continue any such criminal
proceedings that have been institute or undertaken by any other person of authority;
and
(c)
to discontinue at
any state before judgment is delivered any such criminal proceedings instituted
or under taken by himself or any other person or authority.
(3)
The powers of the Director of Public Prosecutions
under clause (2) of this article may be
exercised by him in --- or by officers authorised in that behalf by him acting
in accordance with his general or special instructions.
(4)
For the purpose of this article, any appeal from the
judgement in any criminal proceedings before any court, or any case stated or
question of law reserved, including any question referred under article 93, for
the purpose of any such proceedings, to any other court in
PROVIDED that the power
conferred on the Director of public Prosecutions by paragraph (c) of clause (2)
of this article shall not be exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any case stated in question of law
reserved at the instance of such a person.
(5)
In the exercise of the powers conferred on him by
this article, the Director of Public Prosecutions shall be subject t the
direction an control of the Attorney General.
78.
QUALIFICATION OF DIRECTOR OF PUBLIC PROSECUTIONS
(1)
A person shall not be qualified for appointment to
hold or act in the office of Director or Public Prosecutions unless he is
entitled to practice as an advocate or solicitor in a court having unlimited
jurisdiction in Civil and criminal matters or court, and has been entitled for
not less than five years to practice as an advocate or solicitor in such a
court.
(2)
For the purposes of this article, a person shall be
regarded as entitled to practice as an advocate or a solicitor if he has been
called, enrolled or otherwise admitted as such, and has not subsequently been
disbarred o removed from the role of advocates or solicitors notwithstanding
that,
(a)
he holds or acts in any office the holder of which
is, by person of his office precluded from practising in a court; or
(b)
he does not hold a
practicing certificate or has not satisfied any other like condition upon which
he is permitted to practice.
79.
PREROGATIVE OF MERCY
The President may,
(a)
grant to any person concerned in or convicted of any offence a pardon, either free or
subject to lawful conditions;
(b)
to any person a respite, either indefinite or for a
specified period, of the execution of any punishment imposed on that person for
any offence;
(c)
substitute a less reserve form of punishment for any
punishment imposed on any person for any offence, or
(d)
remit the whole or
part of any punishment imposed on any person for an offence or of any penalty
or forfeiture otherwise due to the Government of Uganda on account of any
offence.
80. ADVISORY COMMITTEE
ON PREROGATIVE OF MERCY
(1)
There shall be an Advisory Committee on the
Prerogative of Mercy which hall consist of;
(a)
the Attorney-General who shall be Chairman; and
(b)
not less than six or more than nine other members
appointed by the President;
(2)
A person shall not be qualified for appointment as a
member of the Advisory Committee if he is a member of
Parliament, Federal State Council or a member of the Committee of a District.
(3)
A member of the Advisory Committee appointed by the
President shall hold office for three years, so however that his seat on the
Committee shall become vacant,
(a)
If any circumstances arise that, if he were not a
member of the Committee, would cause him to be disqualified for appointment as
such; or
(b)
if he is removed
from office by the President or inability to discharge the functions of this
office, whether arising from infirmity of mind or for misbehaviour.
81. FUNCTIONS OF
ADVISORY COMMITTEE
(1)
The Advisory Committee shall advise the President as
to whether he should exercise any of his powers under article 79 of this
Constitution.
(2)
Where any person has been sentenced to death for any
offence, the Attorney-General shall cause a written report of the case from the
trial judge or the person who presided over the court or tribunal, together
with such other information derived from the record of the case or elsewhere as
he may require, to be considered at a meeting of the Advisory Committee for the
purposes of the Committee’s function under this Article.
(3)
The Advisory Committee may regulate its own
procedure.
82.
POWER OF PRESIDENT TO MAKE TREATIES, APPOINTMENTS
ETC.
(1)
The President shall have power, by and with the
advice and consent of Parliament to make Treaties, Conventions, Agreements or
other arrangements between Uganda and any other country or between Uganda and
any International Organization or body in respect of any matter, provided
two-thirds of the present members of Parliament present and voting concur; and
(2)
the President shall nominate, and by and with the
advice and consent of Parliament appoint:
(i) Ambassadors and High Commissioners;
(ii)
Public Officers;
(iii)
Judges of the Supreme Court and the High Court;
(iv)
All other Officers of the Government of Uganda whose
appointments are not herein otherwise provided for,
And which shall be
established by law
But Parliament may by law
vest the appointment of such other officers, as Parliament shall think proper
in the President or the Minister;
Provided Parliament may
delegate some or all its functions under clause (2) of this Article.
83.
DECLARATION OF WAR
(1)
Parliament may by resolution authorise the President
to declare that a state of war exists between
2)
Parliament may be resolution at any time revoke a
declaration of a state of war made under the provisions of this article.
84.
COMMAND OF ARMED FORCES
(1)
The Supreme command of the Armed Forces of Uganda
shall vest in the President.
(2)
The powers conferred upon the President by clause
(1) of this article shall include;
(a)
power to determine the operational use of the Armed
Forces;
(b)
power to appoint
members of the Armed Forces, to make appointments on promotion to any office in
the Armed Forces and to dismiss any member of the Armed Forces.
(3)
The President may, by directions in writing and
subject to such conditions as he may think fit, delegate to any member of the
Armed Forces any of the powers mentioned in clause (2) of this Article.
(4)
Parliament may regulate the exercise of the powers
conferred upon the President by this Article.
85.
EXERCISE OF PRESIDENT’S FUNCTIONS
(1)
Whenever there is no Vice-President, the Chief
Justice shall, for the purposes of the immediately preceding clause, within
twelve hours from the death, resignation or removal of the President, summon a
meeting of the Cabinet:
(2)
Provided that the powers of the Chief Justice under
this clause shall be limited to summoning the meeting and he shall not attend
the meeting.
(3)
Any person required by this article to perform the
functions of the President shall, before commencing to perform those functions,
take and subscribe the oath of allegiance and such other oath, if nay, as may
be prescribed by Parliament.
ADMINISTRATION
OF FEDERAL STATES
86. (1) The Federal State Council for each
state shall make provisions for the
administration of the state
without prejudice to the foregoing, may
for that purpose provided for,
(a)
the establishment, suspension or dissolution of
committed, urban authorities and other local authorities in any district or any
part thereof; and matters connected therewith;
(b)
the appointment, or election of all the members of
any committee, urban authority or other local authority, their qualifications,
disqualification tenure of office, allowances, and similar other matters;
(c)
establishing offices in the
districts or nay part thereof, the appointment of a committee, urban authority
or other local authority and suspension, removal or replacement of any officer
thereof.
(d)
The performance of any duties, functions and
responsibilities of a committee, urban authority or other local authority and
suspension, removal or replacement of any officer thereof.
87. In the event of
disagreements between the Central Government and the Federal
State Government the same
shall be referred to the High Court which shall entertain the issues so
disagreed upon.
THE JUDICATURE
Part 1 THE HIGH COURT OF
88. (1) There
shall be a High Court of Uganda, which shall have unlimited
jurisdiction throughout
(2)
The judges of the High Court shall be the Principal
Judge and such manner of judges of the High Court as my be
prescribed by Parliament.
Provided that the
office of a judge of the High Court shall not be abolished while there is a
substantive holder thereof.
(3)
The High Court shall be a superior court of record
and, save as otherwise provided by Parliament shall have all the powers of such
a court.
(4)
The High Court shall sit in such places as the
Principal Judge may appoint.
89.
APPOINTMENT OF JUDGES OF HIGH COURT OF
(1)
The Principal Judge shall be appointed by the
President.
(2)
The Judges of the High Court shall be appointed by
the President, acting in accordance with the advice of the Judicial Service
Commission.
(3)
A person shall not be qualified for appointment as a
judge of the High Court unless,
(a)
he is, or has been a judge of a court having
unlimited jurisdiction in civil criminal matters or a court having jurisdiction
in appeals from any such court; or
(b)
he is entitled to
practise as an advocate in such a court and has been entitled for not less than
five years to practise as an advocate in such a court.
(4)
For the purposes of the immediate preceding clause,
a person shall be regarded as entitled to practise as an advocate if he has
been called, enrolled or otherwise admitted as such and has not subsequently
been disbarred or removed from the roll of advocates, notwithstanding that,
(a)
he holds or acts in any office the holder of which
is by reason of his office, precluded from practising in a court; or
(b)
he does not hold a
practicing certificate or has not satisfied any other like condition upon which
he is permitted to practice.
(5)
If the office of Principal Judge is vacant or if the
Principal Judge is for any reason unable to perform the functions of his
office, then, until a person has been appointed to and has assumed the
functions of that office or until the person holding that office has resumed
those functions, as the case may be, those functions shall be performed by such
one of the judges of the High Court as may be designated in that behalf by the
President.
(6)
If the office of any judge of the High Court I
vacant or if any such judge is appointed to act as Principal Judge or is for
any reason unable to perform the functions of his office or if the Principal
Judge advises the President, acting in
accordance with the advice of the Judicial Service Commission, may appoint a
person qualified for appointment as a judge of the High Court to act as a judge
of the High Court of that court:
Provided that a person may
act as a judge notwithstanding that he has attained the age prescribed for the
purposes of clause (1) of article 90.
(7)
Any person appointed under clause (6) of this
article to act as a judge of the High Court shall continue to act for the
period of his appointment or, if no such period is specified, until his
appointment is revoked by the President, acting in accordance with the advice
of the Judicial Service Commission:
Provided that,
notwithstanding the expiration of the period of his appointment or the
revocation of his appointment, he may thereafter continue to act as a judge of
the High Court for so long as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings that were
commenced before him previosuly thereto.
90.
TENURE OF OFFICE OF JUDGES
(1)
Subject tot he provisions of this article, a person
holding the office of a judge of the High Court shall vacate that office on
attaining the age f sixty-five years or such other age as may be prescribed by
Parliament.
(2)
Notwithstanding that he has attained the age at
which he is required by the provisions of this article to vacate his office, a
person holding the office of the judge of the High Court may be necessary to
enable him to deliver judgement or to do any other thing in relation to proceedings
that were commenced before he attained that age.
(3)
A judge of the High court may be removed from office
only for inability to perform the functions of his office, whether arising from
infirmity of body or mind or from any other cause, or for misbehaviour, and
shall not be so removed except in accordance with the provisions of this
article.
(4)
A Judge of the High Court shall be removed from
office by the President of the question of his removal from office has been
referred to as tribunal appointed under clause (5) of this article and the
tribunal has recommended to the President that he ought to be removed from
office for inability as aforesaid or for misbehaviour.
(5)
If the Cabinet represents to the President that the
question of removing a judge under this article ought to be investigated, then,
(a)
the President, shall appoint a tribunal which shall
consist of a Chairman and not less than two other members, being persons who
hold or have held office as a judge of a court having unlimited jurisdiction in
civil or criminal matters or a court having jurisdiction in appeals from such a
court; and
(b)
that tribunal shall
inquire into the matter and report on the facts thereof to the President and
recommend to the President whether the judge ought to be removed under this
article.
(6)
If the question of removing a judge under this
article has been
referred to a tribunal under this article, the President may
suspend the Judge from performing the functions of his office and any such
suspension may at any time be revoked by the President and shall in any case
cease to have effect if the tribunal recommends to the President that the judge
should not be removed.
(7)
The provisions of this article shall be without
prejudice to the provisions of clause (7) of article 89.
91.
OATHS TO BE TAKEN BY JUDGES
A judge of the High Court
shall not enter upon the duties of his office unless he ahs taken and
subscribed the oath of allegiance and such oath for the due execution of his
office as may be prescribed by Parliament.
92.
Subject to the provision of clause (1) of article
100 (1) the Principal Judge shall be the head of and shall be responsible for
the administration of the High Court.
93. (1) Where any question as to the interpretation of this
Constitution arises in
any proceedings in any court
of law, other than a court-martial, and the court is of opinion that the
question involved a substantial question of law the court may, and shall if any
party to the proceedings so requests, refer the question to the High Court
consisting of a bench of not less than three judges of the High Court.
Provided that no such question need be so
referred if the Court is of the opinion that it is not sufficiently important
to the proceedings to require a reference to the High Court.
(2) Where any question is referred to the
High Court in pursuance of this article, the High Court shall give its decision
upon the question and the court in which the question arose shall dispose of
the case in accordance with that decision.
94. (1) Where
pursuant to the provisions of this Constitution any question is
referred to the High
Court in pursuance of this article the High Court shall give its decision upon
the question and the court in which the question arose shall dispose of the
case in accordance with that decision.
(a)
as to the interpretation of this Constitution; or
(b)
as to whether any person was validly elected to the
office of President or as a member of the Parliament, the High Court shall
proceed to hear and determine the question as soon as may be and may for that
purpose suspend any other matter pending before it until the conclusion.
(2) The High Court shall not have any
jurisdiction to adjudicate
upon a matter arising relating to clan leadership, the
appointment, qualifications or removal from office of a Traditional Leader
except with the consent of the
95.
SUPREME COURT OF
(1)
There shall be a court of appeal to be known as the
Supreme Court of Uganda which shall be a superior court of record and shall
have all the powers of such a court.
(2)
An appeal shall lie to the Supreme Court from any
such final decision of the High Court of Uganda as may be prescribed by any
written law.
(3)
No appeal shall lie to the Supreme Court or except
as provided by this article from the High Court of Uganda.
(4)
Judges of the Supreme court of
(a)
the Chief Justice;
(b)
the Deputy Chief Justice; and
(c)
such number of
Justices of the Supreme Court not being less than three as may be prescribed by
Parliament.
Provided that the office of
a Judge of the Supreme Court shall not be abolished while there is a substantive
holder thereof.
(5)
The Principal Judge shall be an ex-officio member of
the Supreme court.
96.
APPOINTMENT OF JUDGES OF THE SUPREME COURT
(1)
The Chief Justice shall be appointed by the
President from amongst the Principal Judge and Justices of the Supreme Court,
after consultation with the Chief Justice.
(2)
The Justices of the Supreme Court shall be appointed
by the President, on the advice of the Judicial Service Commission.
(3)
A person shall not be qualified to be appointed as a
Judge of the Supreme Court unless he is qualified for the appointment as a
judge of the High Court, and has been so qualified for a period of not less
than seven years.
(4)
Where the office of the Chief Justice is vacant or
where the Chief Justice if for any reason unable to perform the functions of
his office, then until a person has been appointed to and has assumed the
functions of that office or until the Chief Justice has resumed those functions
as the case may be, those functions shall be performed by the Deputy Chief
Justice.
(5)
Where the office of the Deputy Chief Justice is
vacant or where the deputy Chief Justice is acting as Chief Justice or is for
any reason unable to perform the functions of his office, then until a person
has been appointed to and has assumed the functions of that office or until the
Deputy Chief Justice has resumed those functions as the case may be those
functions shall be performed by such one of the Justices of the Supreme Court
as may be designated in that behalf by the President in consultation with the
Chief Justice or the acting Chief Justice, as the case may be.
(6)
Where the office of any Justice of the Supreme Court
is vacant or where any Justice of the Supreme Court is for any reason unable to
perform the functions of his office, or if the Chief Justice advises the
President that the state of business in the Supreme Court so requires, the
President, acting in accordance with the advice of the Judicial Service
Commission, may appoint a person qualified for appointment as a Justice of
Supreme Court.
Provided that a person may
act as a Justice of the Supreme Court withstanding that he has attained the age
prescribed for retirement.
(7) (a) Any person
appointed under the immediately preceding clause to act as a Justice of the
Supreme Court shall continue to act for the period of his appointment, or where
no such period is specified, until his appointment is revoked by the President,
acting in accordance with the advice of the Judicial Service Commission:
(b) Provided that notwithstanding the
expiration of the period of his appointment of the revocation of his
appointment, he may thereafter continue to act as a Justice of the Supreme
Court for as long as may be necessary to enable him to deliver judgement or to
do any other thing in relation to proceedings that were commended before him
previous to such expiration or revocation.
(c) All appointments under this article
and article 89 of this Constitution must first be approved by Parliament.
97. TENURE OF OFFICE
The provisions of article 90
shall apply to a judge of the Supreme Court as they apply to a judge to the
High Court but so however that the retiring age of a judge of the Supreme Court
shall be seventy years.
98.
OATH TO
BE TAKEN BY JUDGES OF THE SUPREME COURT
The provision of article 91
shall apply to a judge of the Supreme Court as they apply to a judge of the
High Court.
Provided that where the
judge appointed to the Supreme Court was immediately prior to such appointment
a judge of the High Court he may not be required to take oath again.
99.
COMPOSITION OF THE SUPREME COURT OF
(1)
The Supreme Court shall be duly constituted at any
sitting if it consists of an uneven number not being less than three members of
the court;
Provided that
when hearing an appeal against a decision of the High Court on a question
relating to the interpretation of the Constitution, the Court shall be duly
constituted if it consists of an uneven number not being less than five members
of the court.
(2)
The Chief Justice shall preside at the sitting of
the Supreme Court and in his absence the Deputy Chief Justice shall preside and
in absence of both the Chief Justice and the Deputy Chief Justice the most
senior member of the Court as constituted shall preside.
(3)
The determination of any question before the Supreme
Court shall be according to the opinion of the majority of the members of the
Court hearing the case.
(4)
The Chief Justice may create such division of the
Supreme Court as he may consider necessary.
(a)
consisting of such number of judges of Supreme Court
as may be assigned thereto by the Chief Justice;
(b)
sitting at such places
in
100. ADMINISTRATIVE
FUNCTIONS OF THE CHIEF JUSTICE AND DEPUTY
CHIEF JUSTICE
(1)
The Chief Justice shall be the head and Chief
Administrator of the Judiciary.
(2)
Subject to clause (1) of this article the deputy
Chief Justice shall assist the chief Justice in the administration of the
Supreme Court and shall perform such other functions or duties as may be
delegated or assigned to him the Chief Justice.
101
JUDICIAL SERVICE COMMISSION
(1)
There shall be a Judicial Service Commission for
(a)
the Chief Justice, who hall be Chairman
(b)
the Principal Judge;
(c)
the Attorney-General; and
(d)
such other members
not exceeding three who shall be appointed by the President.
(2)
The following provisions shall apply in relation to
a member of the Judicial Service Commission appointed by the President, that is
to say;
(a)
a person shall not be qualified for appointment as
such unless he has the qualifications prescribed in clause (3) or article 89;
(b)
subject to the provisions of this clause, a person
appointed as such shall vacate his office at the expiration of four years from
the date of his appointment; and
(c)
a person appointed
as such may be removed from office by the President but he may be removed only
for inability to discharge the functions of his office whether arising from
infirmity of mind or body or nay other cause, or for misbehaviour.
102. APPOINTMENT, ETC. OF
JUDICIAL OFFICERS
(1)
Subject to the provisions of this article, power to
appoint persons to hold or act in offices to which this article applies,
including power to confirm appointments, to exercise disciplinary control over
persons holding or acting in such offices and to remove such persons from
office shall be vested in the President acting in accordance with the advice of
the Judicial Service Commission.
(2)
The functions of the President and the Judicial
Service Commission under this article shall be discharged in accordance with
any provision made by Parliament for regulating and facilitating the discharge
thereof.
(3)
The offices to which this article applies are;
(a)
the office of the chief Registrar or Registrar
(b)
the office of Deputy Registrar or Assistant
Registrar;
(c)
the office of Chief Magistrate or Magistrate of any
Grade;
(d)
such other offices
connected with or to be held in any court of law other than the High Court, as
Parliament may prescribe.
(4)
All appointments under this Chapter shall be subject
to Article 82 of this Constitution.
FINANCE PART I
193
SOURCES OF FUNDS AND REVENUE FOR THE CENTRAL AND
FEDERAL SATES
(1)
Subject to Articles 112, 113 and 114, the central
Government may raise revenue from any source approved by Parliament
(2)
Federal States may raise revenues:
(a)
from matters contained in Schedule V to this
Constitution;
(b)
out of the Consolidated Fund under Article 112;
(c)
from borrowing; and
(d)
from say such other
source as may be approved from time to time by Parliament.
(3)
Articles 104 to 111 should be construed subject to
this Article and in case of any inconsistency this Article shall prevail.
194.
CONSOLIDATED FUND
All revenue or other moneys
raised or received for the purposes of the Central Government of Uganda, not
being revenue or other moneys that are payable to a Federal State or by or
under an Act of parliament into some other fund established for a specific
purpose of that may be retained by the department of Government that received
them for the purpose of defraying the expenses of that department, shall be
paid into and form one Consolidated Fund.
195. (1) No moneys shall be withdrawn
from the Consolidated Fund except,
(a)
to meet expenditure that is charged upon the Fund by
this Constitution or by act of Parliament: or
(b)
Where the issue of those moneys has been authorised
by an Appropriation Act, by a supplementary estimate approved by resolution of
the Parliament or by an Act enacted in pursuance of Article 197.
(3)
No moneys shall be withdrawn from any public fund of
(3) No moneys shall be withdrawn form the
Consolidated Fund unless such withdrawal has been approved in the manner
prescribed by Parliament.
(4)
Articles 108 to 11 of this Constitution shall only
apply to revenue of the Central Government.
106. AUTHORISATION OF EXPENDITURE
(1)
The Minister for the time being, responsible for
finance shall cause to be prepared and laid before Parliament in each financial
year estimates of revenues and expenditure of Uganda for the next following
financial year.
(2)
The heads of expenditure contained in the estimates,
other than expenditure charged upon 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 the Assembly to provide for
the issue from the Consolidated Fund of the sums necessary to meet that
expenditure ad the appropriation of those sums for the purposes specified
therein.
(3)
If in respect of any financial year it is found:
(a)
that the amount appropriated by the Appropriation
Act for any purpose in insufficient or that a need has arisen for expenditure
for a purpose for which no amount ahas been appropriated by the Act; or
(b)
that any moneys have
been expended for any purpose in excess of the amount appropriated for that
purpose by the Appropriated Act or for a purpose for which no amount has been
appropriated by the Act, a supplementary estimate showing the sums required or
spent shall be laid before Parliament.
(4)
Where in respect of any financial year a
supplementary estimate or supplementary estimates have been approved by
Parliament in accordance with the provisions of clause (3) of this article, a
supplementary Appropriation Bill shall be introduced into Parliament in the
financial year next following the financial year to which the estimates relate,
providing for the appropriation of the sums so approved for the purposes
specified in those estimates.
107. AUTHORISATION OF
EXPENDITURE IN ADVANCE OF APPROPRIATION
Parliament may make
provision under which, if it appears to the Minister responsible for finance
that the Appropriation Act in respect of any financial year will not come into
operation by the beginning of that financial year, he may authorize the
withdrawal of moneys from the Consolidated Fund for the purpose of meeting
expenditure necessary to carry on the services of the Government in respect of
the period expiring four months from the beginning of that financial year or on
the coming into operation of the Act, whichever is the earlier.
108.
CONTINGENCIES FUND
(1)
Parliament may make provision for the establishment
of a Contingencies Fund for authorising the Minister responsible for finance,
if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists to make advances from the fund
to meet that need.
(2)
Where any advance is made from the contingencies
fund, a supplementary estimate shall be presented as soon as possible for the
purpose of replacing the amount so advanced.
109
REMUNERATION OF CERTAIN OFFICERS
(1)
There shall be paid to the holders of the offices to
which this article applies such salary and such allowances as may be prescribed
by Parliament.
(2)
The salaries and any allowances payment to the
holders of the offices to which this article applies shall be a charge on the
Consolidated Fund.
(3)
This article shall apply to the offices of judges of
the Supreme Court, judge of the High Court, member of the Electoral Commission,
appointed members of the Judicial Service Commission, Auditor-General and
Inspector-General of Police.
110. PUBLIC DEBT
(1)
The Public debt of
(2)
For the purpose 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.
111 AUDITOR - GENERAL
(1)
There shall be an Auditor – General for
(2)
The public accounts of Uganda and of all officers,
courts, and authorities of the Government of Uganda and of the District
Administrations and of such bodies or authorities as may be prescribed by
Parliament, shall be audited and reported on by the Auditor-General or any
person authorized by him in that half shall have access to all books, records,
returns and other relating to those accounts.
(3)
The Auditor-General shall submit his reports to the
Minister responsible for finance, who shall cause them to be laid before
Parliament and to be published soon thereafter.
(4)
In the exercise of his functions under this
Constitution the Auditor-General shall bot be subject to the direction or
control of any other person or authority.
(5)
Notwithstanding the provisions of the immediately
preceding clause, the Minister responsible for finance may require the
Auditor-General to submit a report of any accounts of a specified body or
authority and the Auditor-General shall comply with such a requirement.
FINANCIAL
PROVISIONS FOR THE FEDERAL STATES
112. (1) Notwithstanding the provisions
of Article 103, the central Government of Uganda shall make such grants and
payments to the Federal States as Parliament shall from time to time determine.
(2) Provide
that such grants and payments shall not be less than 20 percent of the gross
revenue collected from within that state.
(3)
Nothing
in Clause (I) shall prevent Parliament from granting or authorising a percentage greater than 10
percent in respect of any Federal State
especially those generating less income and requiring more revenue for their
development.
113.
On the
coming into force of this Constitution, for the avoidance of doubt, a
114.
Article
103, 112 and 113 shall not be altered by any Act of Parliament to the
disadvantage of a
CHAPTER
X
THE REPUBLIC SERVICES OF
115.
PUBLIC
SERVICE COMMISSION
(1)
There
shall be a Public Service Commission for
(2)
The
Public Service Commission shall consist of a Chairman and such other members as
Parliament may prescribe, all of whom shall be appointed by the President, but
subject to approval of Parliament.
(3)
A
person shall not be qualified for appointment as a member of the Public Service
Commission if he is a member of the Parliament a member of a District Council
or Urban Authority Council or if he is a public officer.
(4)
Subject
to the provisions of this article, the office of a member of the Public Service
Commission shall become vacant:
(a)
at the expiration of four years from the date of his appointment as such.
(b)
if any circumstances arise that, if he were not a member of the
Commission, would cause him to be disqualified for appointment as such.
(5)
The
President may designate any member of the Public Service Commission other than
the Chairman as Deputy Chairman of the Commission so however that
not more than two members of the commission shall designate be as advice of the
Cabinet, but he may be so removed only for.
(6)
A
member of the Public Service Commission may be removed from office by the
President acting in accordance with the advice of the Cabinet, but he may be so
removed only for.
(a)
inability
to discharge the functions of hi office;
(b)
failure
to discharge the functions of his office;
(c)
gross
misconduct;
(d)
conduct
unbecoming of the holder of the office; or
(e)
misbehaviour
(7) It at any time the office of Chairman of
the Public Service Commission is vacant or if the person holding that office is
for any reason unable to perform the functions of his office, then,
(a)
until a person has been appointed to and has assumed
the functions of that office; or
(b)
until the person holding that office has resumed
those functions, as the case may be, those functions shall be performed by such
Deputy Chairman or, if there is no member so designated and able to perform the
functions of that office, by such one of the other members of the Commission,
as may be designated in that behalf by the President.
(8) If at any time there are less than
three members of the Public Service Commission besides the Chairman or if any
such member is appointed to act as Chairman or is for any reason unable to
perform the functions of his office, the President may appoint a person who is
qualified for appointment as a member of the commission to act as a member.
(9) Any person so appointed under the
provisions of the immediately preceding clause shall, subject to the provisions
of clause (4) of this article, continue to act until the office in which he is
acting is filled or, as the case may be, until the holder thereof resumes his
functions or until his appointment to act is revoked by the President.
(10) Subject to the provisions of this
article, Parliament may make provision for regulating the Commission in the
performance of its functions.
116. TEACHING SERVICE
COMMISSION
(1)
There shall be a Teaching Service Commission for
(2)
The Teaching Service Commission shall consist of a
Chairman and such other members as Parliament may prescribe all of whom shall
be appointed by the President.
(3)
A person shall not be qualified for appointment as a
member of the Teaching Service Commission if he is a member
of Parliament a member of any board or other authority responsible for the
management of any school or is public officer.
(4)
Subject to the provisions of this article, the
office of a member of the Teaching Service Commission shall become vacant.
(a)
at the expiration of four years from the date of his
appointment or
(b)
if any circumstances arise that, if he were not a
member of Commission would cause him to be disqualified for appointment as such
(a)
at the expiration of four years from the date of his
appointment or
(b)
if any circumstances arise that, if he were not a
member of the Commission would cause him
to be disqualified for appointment as such
(5)
The President may designate any member of the
Teaching Service Commission other than the Chairman, as Deputy Chairman of the
Commission so however that not more than two members of the Commission shall be
designated as Deputy Chairman of the commission at any time.
(6)
A member of the Teaching Service Commission may be
removed from office by the President acting in accordance with the advice of
the Cabinet, but he may be so removed only for;
(a)
inability to discharge the functions of his office,
whether arising from infirmity of body or mind or from any other cause;
(b)
failure to discharge the functions of his office;
(c)
gross misconduct.
(d)
Conduct unbecoming the holder of the office, or
(e)
Misbehaviour
(7)
If at anytime the office of Chairman of the Teaching
Service Commission is vacant or if the person holding that office is for any
reason unable to perform the function of his office, then.
(a)
until a person has been appointed to and has assumed
the functions of that office; or
(b)
until a person holding that office had resumed those
functions, as the case may be, those functions shall be performed by such
Deputy Chairman or, if there is no member so designated and able to perform the
functions of that office, by such one of the other members of the Commission,
as may be designated in that behalf by the President.
(8)
If at any time there are less than two members of
the Teaching Service Commission besides the Chairman or if any such member is
appointed to act as Chairman or is for any reason unable to perform the
functions of his office, the President may appoint a person who is qualified
for appointment as a member of the Commission to act as a member.
(9)
Any person, so appointed under the provisions of the
immediately preceding clause shall, subject to clause (4) of this article,
continue to act until the office in which he is acting is filled or, as the
case may be, until the holder thereof resumes his functions or until his
appointment to act is revoked by the President.
(10)
Subject to the provisions of this article,
Parliament may make provisions for regulating the Commission in the performance
of its functions including the establishment of Teaching Service Committee and
prescribing their functions.
117. DISTRICT SERVICE
COMMITTEES
(1)
There shall be for each District and urban authority
a Service Committee.
(2)
A Service Committee shall consist of a chairman and
such other members as Parliament may prescribe, all of whom shall be appointed
by the President.
(3)
A member of Service Committee shall hold office for
such a period and upon such terms as Parliament may prescribe.
(4)
A Service
Committee shall perform such functions as may be conferred upon it by virtue of
this Commission or any offices in the service of a District Administration or
an urban authority, including confirmation of appointments, exercise of
disciplinary control over persons holding or acting in such offices, and
removal of such persons from office.
(5)
The functions of a Service Committee under this
article shall be discharged in accordance with such provision as may be made by
Parliament for regulating and facilitating the discharge thereof.
118. APPOINTMENT ETC OF
PUBLIC OFFICERS
(1)
Subject to the provisions of this Constitution power
to appoint persons to hold or act in any offices in the offices in the Public
Service of the Government of Uganda or of a District Administration or an urban
authority including power to confirm appointments, to exercise disciplinary
conduct over persons holding or acting in such offices and to remove such
persons from office shall vest in the President.
(2)
The President may delegate any of his powers under
this article by directions in writing to the Public Service commission, the
Teaching Service Commission, a Service Committee, a public officer or to any
other authority as may be prescribed by Parliament, and may in like manner
revoke any such delegation.
(3)
The provisions of the immediately preceding clause shall
not apply in relation to the office of Parliament Secretary, Auditor-General,
Inspector-General of Police or Head of Department.
(4)
Where the President has delegated any of his powers
under clause (2) of this article, any authority to which such powers are
delegated shall exercise those powers in accordance with such law as may be
made by Parliament in that behalf.
(5)
No person shall be appointed under this article to
or to act in any office on the personal staff of the President, except with the
concurrence of the President.
119.
APPOINTMENT ETC OF REPRESENTATIVES OF
(1)
Power to appoint persons to hold or act in the
offices of which this article applies, including power to make appointments on
promotion and transfer, and to remove persons so appointed from any such
office, shall vest in the President.
(2)
The offices to which this article applies are the
offices of any Ambassador, High Commissioner or other representative of
120.
PROTECTION OF PENSION RIGHTS
(1)
The law applicable to any benefits to which this
article shall in relation to any person who has been granted or his or may
become eligible for the grant of such benefits, be that in force at the
relevant date of any later.
(2)
For the purposes of this article, the expression
“the relevant date” means,
In relation to
benefits granted before
(b) in relation to benefits granted or
that may be granted after 9th October, 1962, to or in respect of a person
who was a public officer before that date 8th October, 1962; and
(c) in relation
to any benefits granted or that may be granted in respect of any person who
becomes a public officer after
(3)
Where a person is entitled to exercise an option as
to which of two or more laws shall apply in his case, the law for which he opts
shall, for the purposes of this article, be deemed to be more favourable to him
than the other law or laws.
(4)
Any benefits to which this
article applies, to the extent that those benefits are not a charge upon some
other public fund, shall be a charge on the Consolidated Fund.
(5)
The befits to which this article applies are any
benefits payable under nay law providing for the grant of any pensions,
compensation, gratuities or other like allowances to persons in respect of
their service as public officers or to the widows, children, dependants or
personal representatives of such persons in respect of such service.
(6)
References to the law applicable to any benefits to
which this article applies include, without prejudice to their references to
any law regulating for the purpose of determining whether any person is
eligible for the grant of such benefits on his retirement from the public
service------ of
121.
POWER OF APPROPRIATE AUTHORITY IN RELATION TO
PENSIONS ETC.
(1)
Where under any law any person or authority has a
discretion,
(a)
to decide whether or not any benefits to which this
article applies shall be granted: or
(b)
to withhold amount or suspendancy such benefits that
--- have been granted, those benefits shall be granted and may not be with held
reduced in amount or suspend unless the appropriate authority concurs in the
refusal to grant the benefits or, as the case may be, in the decision to
withhold them, reduce them in amount or suspend them.
(2)
Where the amount of any benefits to which this
article applies that may be granted to any person is not fixed by law, the
amount of the benefits to be granted to him shall be greatest amount for which
he is eligible unless the appropriate authority concurs in his being granted
benefits of smaller amount.
(3)
The appropriate authority shall not concur under
clause (1) or clause (2) of this article in action taken on the ground that any
person who holds or has held the office of a judge of the High Court Auditor
General or Inspector-General of police has been guilty of misbehaviour unless
he has been removed from office by reason of such misbehaviour.
(4)
For the purposes of this article the expression
appropriate authority means
(a)
in the case of benefits for which any person may be
eligible in respect of the service in the public service of a person who
immediately before he ceased to be a public officer was subject to the
disciplinary control of the Judicial Service Commission or the Teaching Service
Commission or that have been granted in respect of such service the judicial
Service Commission or the Teaching Service commission as the case may be and
(b)
in any other case, the Public Service Commission
(5)
This article shall ---- that are or may become
payable under any law provided for the grant of pensions compensation
gratuities or other like allowances to persons in respect of their service as
public officers or to the widows, children dependants or person representatives
of such persons in respect of such service
122.
LAND COMMISSION
(1)
There shall be a Land Commission for
(2)
The Land Commission shall consist of a Chairman and
four other members who shall be appointed by the President.
(3)
The Land Commission shall hold and manage any land
vested in it by this Constitution or any law or acquired in Uganda by the
Government of Uganda and shall have such other powers as may be conferred upon
it by the Parliament.
(4)
Subject to the provisions of this article,
Parliament may make provision for the tenure of office of members and the
procedure of the Land commission for regulating the Commission in the
performance of its functions including the establishment of District Land
Committees and setting out their functions.
123.
INTERPRETATION
References in this Chapter
to land include references to any estate, interest or right in land.
THE
124.
125.
The number of the Uganda Army shall as much a is practicable reflect the population proportion of the
various Districts of Uganda.
126.
The Uganda Army shall:
(a)
be pro-people
(b)
not engage in anti-Government activities
(c)
nor. without the express permission of Parliament, usurp duties
of Police, as spelt out in the Police Act and other legislation.
(d)
Not arrest and detain civilians in military
barracks;
(e)
Not every throw a democratically elected Government,
unless so authorised by Parliament.
GENERAL AND
MISCELLANEOUS
127.
CAPITAL OF
128.
OFFICIAL AND
NATIONAL LANGUAGES
(1)
The official language of the Government of Uganda
shall be English.
(2)
The National Languages of Uganda shall be;
(a) Luganda
(b) Luo
(c) Runyakitara
129.
PRIVILEGES OF CONSTITUTIONAL TRADITIONAL LEADERS
(1)
The following provisions shall apply in relation to
the Constitutional Traditional Leader of a
(a)
the Constitutional Traditional leader shall be
exempt from direct personal taxation;
(b)
the Constitutional
Traditional Leader shall have the right to move freely throughout the
(c)
No criminal or civil proceedings shall be brought in
any court against the Constitutional Traditional Leader in his personal
capacity in respect of anything above or any obligation incurred after the
coming into force of this Constitution.
(d)
No property of the Constitutional Traditional Leader held in his personal capacity, shall be
compulsory acquired or compulsorily taken possession of;
(2)
The provisions of sub article (1) (a) of this
article shall apply in relation to such person as may for the time being be
designated by the Government of a Federal State as the consort of the
Constitutional Traditional Leader as they apply in relation to the
Constitutional Traditional Leader as they apply in relation to the
Constitutional Traditional Leader of the Federal State and the provisions of
sub article (1) (b) and sub article (2) of this section shall apply in relation
to any person for the time being lawfully performing the functions of a Regent
for the Federal State as they apply in relation to the constitutional
Traditional Leader of the Federal State.
(3)
The provisions f this article shall be without
prejudice to any rights guaranteed to the Constitutional Traditional Leaders of
a
(4)
The reference in this article of property of a
Constitutional Traditional Leader of a
(5)
A Constitutional Traditional Leader shall be
entitled to a Diplomatic Passport;
(6)
A Constitutional Traditional Leader shall be
entitled to a flag;
(7)
A Constitutional traditional Leader shall be
entitled to such other privileges which are within the control of the
131
PRIVILEGES OF MEMBERS OF FEDERAL STATE COUNCILS
The laws that apply in
relation to the privilege and immunities of the members of Parliament shall
apply in relation to the members of the Federal State Council of a
133. PERFORMANCE OF
FUNCTIONS OF COMMISSIONS
Any commission established
by this Constitution may, with the consent of the President or such
other Minister as may be authorised in that behalf, by regulation or otherwise,
regulate its own procedure or confer power or impose duties on any officer or
authority of the Government of Uganda for the purpose of discharging its
functions.
134.
RESIGNATIONS
(1)
Any person who is appointed or elected to any office
established by this Constitution may resign from that office by writing under
hand addressed to the person or authority by whim he was appointed or elected;
Provided that in the case of
a person who holds office as Speaker or Deputy Speaker of Parliament his
resignation from that office shall be addressed to the President, and in the
case of a member of Parliament his resignation shall be addressed to the
speaker.
(2)
The resignation of any person from any office
established by this Constitution shall take effect in accordance with the terms
upon which he was appointed or if there are no such terms, when the writing
signifying the resignation is received by the persons authorize by that person
or authority to receive it.
(3)
Reference in this article to
an office do not include a reference to the office of the President.
(4)
For the avoidance of doubt it is hereby declared
that any office established before the coming into force of this Constitution
which is inconsistent with any provision of this Constitution shall, on the
coming into force of this Constitution be abolished.
(5)
For the purposes of clause (1) of this article, the
expression “office” includes a public office and the office excluded by clause
(3) of article 130 other than the office of the President, from references to
an office in the public service.
135.
REAPPOINTMENT AND CONCURRENT APPOINTMENTS
(1)
Where any person has vacate any office established
by this Constitution,
he may, if qualified, again be appointed or elected to hold that office in
accordance with the provisions of this Constitution.
(2)
Where a power is conferred by this Constitution upon
any person to make any appointment to any office, a person may be appointed to
that office notwithstanding that some other person may be holding that office,
when that other person is on leave of absence pending the relinquishment of the
office; and where two or more persons are holding the same office by reason of
an appointment made in pursuance of this clause, then for the purposes of any
function conferred upon the holder of that office, the person last appointed
shall be deemed to be the sole holder of that office.
(3)
References in this article to an office do not
include a reference to the office of the President or the Vice-President.
136.
EXISTING LAW
(1)
Subject to the provisions of this article, the
operation of the existing law after the commencement of this Constitution shall
not be affected
by such commencement but the existing law shall be construed with such
modifications, adaptations, qualifications and exceptions as may be necessary
to bring it into conformity with this Constitution.
(2)
The President may, by statutory instrument made at
any time before the expiration of twelve months from the date of the
commencement of this Constitution, make such amendments to the existing law as
may appear to him to be necessary or expedient for bringing it into conformity
with this Constitution or otherwise for giving effect or enabling effect to be
given to any changes effected by this Constitution.
(3)
Where the president makes an instrument under the
provisions of the immediately preceding clause in relation to an Act of the
Common Services Organisation or the former High Commission, that instrument
shall have effect so as to amend that Act in and in relation to any person or
matter in or connected with Uganda, notwithstanding any provision to the
contrary in the interpretation Act.
(4)
Where any matter that fails to be prescribed or
otherwise provided for under this Constitution by Parliament or by any other
person or authority is prescribed or provided to by or under an existing law,
including any amendment to any such law made under this article, or is
otherwise prescribed or provided for immediately before the commencement of
this Constitution by or under the Constitution as then in force, that
prescription provision shall, as from the commencement of this Constitution,
have effect as if it had been made under this Constitution by Parliament or, as
the case may be by the other authority or person.
(5)
Any reference in the existing law to a provision in the Constitution
which came into force on the 8th day of September 1967, shall be
construed as a reference to the corresponding provision of this Constitution,
and where there is any conflict the provisions of this Constitution shall
prevail.
137.
EXISTING OFFICES
(1)
Subject to the provisions of this article, every
person who immediately before the commencement of this Constitution held or was
acting in any office established by or in pursuance of the Constitution as then
in force, so far as is consisted with the provisions of this Constitution,
shall be deemed to have been appointed as from the commencement of this
Constitution to hold or to act in the equivalent office under this
Constitution.
Provided that any person who
before the commencement of this Constitution would have been required under the
Constitution as then in force or any existing law to vacate his office at the
expiration of any period or on the attainment of any age shall vacate his
office at the expiration of that period or on the attainment of that age.
(2)
The provisions of this article shall be without
prejudice to any powers conferred by or under this Constitution or any other
law upon any person or authority to make provision for the abolition of office,
for the removal from office of persons holding or acting in any office and for
requiring persons to retire from office.
(3)
In determining for the purpose of any law relating
to retiring benefits or otherwise to length on service the length of service of
a public officer to whom clause (1) of this article applies, service as a
public officer under the Government which terminates immediately before the
commencement of this Constitution shall be deemed to be continuos with service
as a public officer which begins immediately on such commencement.
138.
OATHS DEEMED TO HAVE BEEN TAKEN
Notwithstanding any
provision of this Constitution, every persons who immediately before the
commencement of this Constitution held or with acting in any office established
by or in pursuance of the Constitution as then in force and who holds or is
acting in an equivalent office under this Constitution, shall be deemed to have
taken and subscribed any necessary oath under this Constitution in accordance
therewith.
139.
PENDING MATTERS
(1)
Where any matter or thing has been commenced before
the coming into force of this Constitution by any person or auhtority having
power in that behalf under existing law, that matter or thing may be carried on
and completed by the person or authority having power in that behalf on or
after such commencement and, unless the President in any case otherwise direct
it shall not be necessary for the latter person or authority to commence such
matter or thing de novo.
(2)
This article shall have effect subject to the
provisions of this Constitution and to any provision made by Parliament.
140.
SUCCESSION TO PROPERTY
(1)
All property, both movable and immovable, and all
assets which immediately before the commencement of this Constitution were
vested in any authority or person for the purposes of or in right of Government
of Uganda or in the Government of Uganda, shall, on the commencement of this
Constitution, vest in the Government of Uganda, subject to the provisions of
Chapter XI of this Constitution.
(2)
Notwithstanding the generality of Sub-Article (1)
above, both movable and immovable property held by any person being either the
Kabaka or Ruler of a Kingdom or Constitutional Head of a District before the 16th
day of April, 1966 or by any other person or authority being connected with or
attached to the institution of Kabakaship or King, Ruler or Constitutional Head
shall not so vest unless the affected people in the Federal State concerned so
expressly decide.
(3)
Any property which was immediately before the
commencement of this Constitution liable to escheat or be forfeited to any
person or authority in right of the Government of Uganda shall on such
commencement be liable to escheat or be forfeited to the Government of Uganda.
(4)
Where immediately before the commencement of this
Constitution any person held any property or assets in trust for the President
for the purposes or in the right of the Government of Uganda, that person shall
from the commencement of this Constitution hold such property or assets on the
like trust for the Government of Uganda.
141.
SUCCESSION TO CONTRACTS
Where there is subsisting
immediately before the commencement of this Constitution a contract which has
been entered into by or on behalf of the Uganda Protectorate, Uganda, the
Governor of the Uganda Protectorate, the Governor-General of Uganda or the Government of Uganda, then
on and after such commencement all rights, liabilities and obligation of the
Uganda Protectorate, Uganda, then on and after such commencement all rights,
liabilities and obligations of the
Uganda Protectorate, the Governor-General of Uganda or the Government of Uganda
under the contract shall be vested in the Government of Uganda and the contract
shall otherwise continue to be of full force and effect.
142.
VESTING OR OTHER RIGHTS
(1)
Subject to the provisions of articles 140 and 141
(a)
any rights, prerogatives, powers, privileges or
functions which were vested in the Crown in respect of Uganda under the law as
it existed immediately before 9th October, 1963, and were
exercisable by Her Majesty the Queen personally shall vest in the President
who, subject to the provisions of this Constitution, shall have the power to do
all things necessary for the exercise or performance thereof;
(b)
all other
prerogatives, powers, privileges or functions which were vested in the Crown in
respect of
143. LEGAL PROCEEDINGS
(1)
In the title of any criminal proceedings the
prosecution shall be designated by the word “
(2)
Civil proceedings by or against the government of
Uganda shall be instituted by or against the Attorney General and all documents
required to be served on the Government of Uganda for the purpose of or in
connection with those proceedings shall be served on the Attorney-General.
(3)
Subject to the provisions of article 95 and of this
article, legal proceedings pending immediately before the commencement of this
Constitution before any court including civil proceedings by or against the
Government shall not be affected by the commencement of this Constitution.
144. INTERNATIONAL
AGREEMENT ETC.
Where,
(a)
any treaty, agreement or convention with any country
or international organization was made or affirmed by Uganda or the Government
of Uganda on or after the 9th October, 1962, and was still in force
immediately before the coming into force of this Constitution; or
(b)
Uganda or the Government of Uganda was otherwise a
party immediately before the coming into force of this Constitution to any such
treaty, agreement or convention; the treaty, agreement or convention shall not
be affected by the coming into force of this Constitution and Uganda or the
Government of Uganda, as the case may be, shall continue to eb a party thereto.
145.
(1)
Subject to the provisions of this article, the
system of mailo land tenure in the Federal States of Bunyoro and
Provided that any other
(2)
The entire property in and control of all minerals
and mineral ores in, under or upon, any lands or waters in any mailo land shall
be vested in the Government of Uganda.
(3)
For the purpose of this article, the expression
“mineral” includes,
(a)
metalliferous ores and other substances in their
natural state which are obtainable only by mining or in the course of
prospecting operations;
(b)
metalliferous ores and other substances in their
natural sate mined or obtained in the course of prospecting operations;
(c)
the valuable parts of such ores or other substances
when un manufactured; and
(d)
the product of
treating or dressing such ores or such other
substances for marketing or export.
(4)
For the purpose of the immediately preceding clause
it is hereby declared that the expression “minerals” shall not include clay,
murram, sand, or any stone commonly used for building or similar purposes.
(5)
Parliament may make provision for regulating the
estates and interests in and
the transfer of mailo land.
146.
COMPULSORY RETIREMENT TO FACILITATE APPOINTMENT OF
LOCAL CANDIDATES
(1)
If the President is satisfied that there are more
local candidates qualified for appointment to or promotion in any branch of the
public service than there are vacancies in any branch which could appropriately
be filled by such local candidates, he may select officers in that branch to
whom this article applies and whose retirement would cause vacancies that could
appropriately be filled by such suitably qualified local candidates are available
and fit for appointment and, by notice in writing, call upon the officers so
selected to retire from the public service, and any officer who is so required
to retire shall retire accordingly.
(2)
This article shall apply to:
(a)
any entitled officer as defined in the Schedule to
the
(b)
any officer on
probation who, if he had been confirmed in his appointment, would have been
such an entitled officer.
147.
APPEAL
(1)
If any appropriate authority decided to give such
concurrence as is required under clause (1) or (2) of article 107 in respect of
any benefits to which that clause applies that may be granted or that have been
granted to or I respect of an officer to whom this article applies, or if any
such appropriate authority makes any other decision the effect of which is, or
might in the opinion of the appropriate authority makes any other decision the
effect of which is, or might in the opinion of the appropriate authority be,
that any such benefits cannot be granted to or in respect of such and officer,
the appropriate authority shall cause to be delivered to the officer concerned
or to his personal representatives, a written notice of the decision, stating
the time, not being less than fourteen days from the date on which the notice
is delivered, within which he or his personal representatives may apply to the
appropriate authority for the case to be referred to an Appeals Board.
(2)
Any such decision of an appropriate authority shall
not have effect until the expiry of the time stated in the notice and
if application is duly made within that time for the case to be reterred to an
Appeals Board, the decision shall not have effect until the final determination
of the case under this article and except to the extent authorised by such
determination.
Provided that the
appropriate authority may, pending the expiry of the time stated in the notice
or pending the final determination of the case under this article.
(a)
suspend the payment of any benefits to which the
decision that is the subject of the reference to the Appeals Board relates; and
(b)
suspend the officer
concerned from the exercise of the function of his office.
(3)
If application is duly made within the time stated
in the notice for the case to be referred to an Appeals Board, the appropriate
authority shall notify the President in writing of that application, and the
President shall then appoint an Appeals Board of three members, consisting of,
(a)
one member selected by the President;
(b)
one member selected by an association representative
of public officers of which the applicant is qualified to be a member or
representative of the profession of
which the applicant is a member, the association being nominated in either case
by the applicant; and
(c)
one member selected by two other members jointly,
or, in default of agreement between those members by the Judicial Service
Commission, from among persons who hold or have held office as a judge of a
court having unlimited jurisdiction in appeals from any such court, who shall
be chairman.
4.
The Appeals Bard shall inquire into the facts of the
case and for that purpose shall hear the applicant if he so requests in
writing, and shall hear any other person who in the opinion of the Board, is
able to give the Board information on the case, and the Board shall have access
to, and shall consider all documents that were available to the appropriate
authority and shall also consider any further document relating to the case
that may be produced by or on behalf of the applicant or the appropriate
authority.
5.
After the Appeals Board has completed its
consideration of the case, the Board shall advise the appropriate authority
whether the decision of the appropriate authority that is the subject of the
reference to the Board should be confirmed, reversed or modified and the
appropriate authority to reverse or modify the decision, but shall have the
power to grant to the applicant all or part of the pension or other like
benefit,
(a)
for which he would have been eligible under any law
if he had retired voluntarily at the date of his dismissal; or
(b)
in the case of an applicant who would not have been
eligible for the grant of a pension if he had so retired, which could have been
granted to him under any law if his service had been terminated in the public
interest at the date of his dismissal.
(6)
Where power to remove the holder of an office from
his office is vested by this Constitution in some person or authority other
than an appropriate authority, then in relation to any officer to whom this
article applies and who holds such an office, this article shall have effect as
if for the reference to a decision of an appropriate authority the effect of
which is that any benefits cannot be granted to or in respect of that officer
there were substituted a reference to a decision having that effect taken by
that person or authority.
(7)
This article shall apply to any officer whose
conditions of service include an entitlement to free passengers from East
African for the purpose of leave of absence upon the completion of a tour of
duty and who is the substantive holder of a pensionable office in the public
service.
(8)
For the purpose of this article the expression
“approach authority” has the same meaning as in article 121.
148.
CESSATION OF CONSTITUTION OF SEPT. 1997
It is hereby declared that
the Constitution in office immediately before the commencement of this
Constitution shall cease to have effect from the commencement of his
Constitution.
149.
INTERPRETATION
In this Constitution, unless
the context otherwise required, “Act of Parliament” means any law made by the
Central Parliament, “Armed Forced of Uganda” means the Uganda Army or any other
Armed Forces of Uganda for which provision is so made; “article” means an
article fo this Constitution; “Central Government” means the Government of
Uganda; “Central Government Politics” means election to Parliament or holding a
political office in the Central Government. “Commonwealth and any dependency of
such country, and the Republic of Ireland; “Constitutional Traditional Leader”
means Constitutional Traditional Leader referred to in article 3 of this
Constitution.
“
“functions”
includes powers and duties;
Gazette” means the Uganda
Gazette including any supplement thereof;
“High Court” means the High
Court of Uganda;
“Minister” includes the
President, the Vice-President, a Minister of State and a Deputy Minister of the
Government o
“Municipal Council” means
the council of a municipality in
“Oath included affirmation;
“Oath of allegiance” means
such oath of allegiance as may be prescribed by law;
“President” means the
president of the Federation of Uganda;
“Public Office” means a
person holding or acting in any Public Office;
“Public service” means
subject tot he provisions of clauses (2) and (3) of this article, service in
any civil capacity of the Government of Uganda, any District Administration or
Urban Authority;
“Session” means the sittings
of the Federal parliament beginning when it first meets after the propagation
or dissolution of Parliament at any time and ending when Parliament is
prorogued or is dissolved without having been prorogued;
“Sitting” means a period
during which the Central Parliament continuously without adjournment and
included any period during which it is in committee;
“Speaker” means the Speaker
of Parliament in relation to the Central Parliament, and of State Council in
relation to a State Council, and “Deputy Speaker” shall be construed
accordingly;
“State” means a
“Supreme Court” means the
Supreme Court of Uganda established under article 95;
“State Council” means the
Legislature of a State;
“Teachers” means a person
who regularly instructs persons in a school other than a person who gives only
religious instruction;
“Traditional Leader” means a
Traditional Leader referred to in article (3) of this Constitution.
“
“Urban Authority” means a
city, municipal or town council or town board established by law;
(2) In this Constitution, unless the context
otherwise requires, references to offices in the public service shall be
construed as including reference to the offices of judges of the Supreme Court
and judges of the High Court and references to the offices of members of all to
the courts of law established by parliament, other than courts-martial, being
offices the emoluments attaching to which are paid directly out of moneys
provided by Parliament, and references to the offices of members of the Uganda
Police Force and Uganda Prisons Service and of teachers in the public service.
(3) In this Constitution, references to
an office in the public service shall not be construed as including references
to the office of the President, the Vice-President, the Speaker or Deputy
Speaker of Parliament, a Minister or Deputy Minister, the Attorney-General a
member of Parliament or a member of any commission established by this
Constitution.
(4)
In this Constitution, unless the context otherwise
required, a reference to the holder of an office by the term designating his
office shall be construed a reference to any person for the time being lawfully
acting in performing the function of that office.
(5)
For the purposes of this Constitution, a person
shall not be considered as holding a public office by reason only of the fact
that he is in receipt of a pension or other like allowances in respect of
services under the Government of Uganda.
(6)
References in this Constitution to the power to
remove a public officer from his office shall be construed as including reference
to any power conferred by any law to require or permit that officer to retire
from public service.
FEDERAL STATES
(1)
(2)
(3)
(4)
(5)
(6)
Headquarters
at Mbale.
(7)
Headquarters at
Motoro.
(8)
(9)
(10)
(11)
Headquarters
at Soroti.
(12)
(13)
Headquarters
at Tororo.
(14)
Headquarters at
Arua.
There shall also be a
Federal Administrative Centre, known as
CENTRAL LIST
Parliament shall have exclusive powers to make legislation on the
following:
1.
Defence and peace of
2.
Naval, military and air forces; any other armed
forces; of the Central Government, their privileges, liabilities and any matter
related thereto.
3.
Deployment of
any force of the Central Government or any other force subject to the control
of the Central Government unit contingent thereof to any
4.
Arms, firearms, ammunition and explosives.
5.
Atomic energy and mineral resources necessary for its
production.
6.
Industries declared by Parliament by law to be
necessary for the purposes of defence or for the prosecution of war.
7.
Security and intelligence Organs and Investigation
Units.
8.
Preventive detention for reasons connected with
Defence, Foreign Affairs or the Security of Uganda; persons subjected to such
detention.
9.
Foreign affairs and jurisdiction of all matters
which bring the Central Government into relation with any foreign country,
including diplomatic, consular and trade representation.
10.
Participation in international conferences,
associations and other bodies like the United Nations, Organization of Africa
Unity, the Commonwealth and implementing of decisions made therefrom.
11.
Entering into treaties and agreements with foreign
countries and implementing of treaties, agreements and conventions with foreign
countries.
12.
Citizenship, naturalization and aliens.
13.
Extradition.
14.
Admission into, and emigration, immigration,
and expulsion from
15.
Piracies and crimes committed on the high seas or in
the air;; offences against the law of nations
committed on land or the high seas or in the air.
16.
Railways.
17.
Highways declared by or under law made by Parliament
to be national highways.
18.
Shipping, lighthouses and navigation on inland
waterways declared by Parliament by law to be national waterways.
19.
Such Airports as are to be constructed by Central
Government.
20.
Ports declared by or under Law made by Parliament or
existing law to be major ports, including their delimitation, and the construction
and powers of port authorities therein.
21.
Airways aircraft and air navigation; provision of
aerodromes regulation and organization of air traffic and aerodromes; provision
for aeronautical education and training and regulation of such education and
training provided by
22.
Carriage of passengers and goods by railway, sea or
air, or by national water ways in mechanically propelled vessels.
23.
Posts and telegraphs, telephones, wireless,
broadcasting and other like forms of communication.
24.
Property of the Government of Uganda and the revenue
therefrom, but as regards property situated in Federal State subject to
legislation by that Federal State, save in so far as Parliament by law
otherwise provides.
25.
Trade and commerce with foreign countries and within
the Federal States customs frontiers, definition of customs frontiers.
26.
Incorporation, regulation and winding up of
corporations and companies trading or not, including banking, insurance and
financial corporations.
27.
Banking, insurance, stock exchange markets and all
documents used therein such as Bills of exchange, Cheques, promissory notes and
other like instruments.
28.
Patents, inventions and designs; copyright,
trademarks and merchandise marks.
29.
Establishment of standards of weights and measures,
and standards of quality for goods o be exported out of
30.
Industries, the control of which is declared by
Parliament to be expedient in the public interest.
31.
Regulation and development of oil fields and mineral
oil resources; petroleum and petroleum products; other liquids and substances
declared by Parliament by law to be dangerously inflammable or the control of
which is in the public interest.
32.
Regulation of mines and mineral development to the extent to which
such regulation and development under the control of the Central Government is
declared by Parliament by law to be expedient in the public interest.
33.
Fishing and fisheries beyond territorial waters.
34.
The institution known at the commencement of this Constitutions as Public Libraries and the
35.
The institution for scientific or technical
education financed by the Central government of
36.
Institutions for scientific or technical education
financed by the Central Government of Uganda wholly or in part and declared by
Parliament by law to be institution of national importance.
37.
Central Government agencies and institutions for:
professional, vocational or technical training, including the training of
Police Officers; or the promotion of special studies or research.
38.
Prisons, reformatories, Approved schools and other
institutions of a like nature, any person detained therein.
39.
Co-ordination and determination of standards in
institutions for higher education or research and scientific and technical
institutions.
40.
Ancient and historical monuments and records, and
archaeological sites and remains declared by or under law made by Parliament.
41.
The Survey of
42.
National population census.
43.
Central Government Public Service; Judicial Service
and Teaching Service.
44.
Central Government pensions, that is to say, pensions payable by the Government of Uganda out of the
Consolidated Fund of Uganda.
45.
Elections to Parliament; and to the offices of
President and Vice-President; the Election Commission.
46.
Salaries and allowances of members of Parliament
including the Speaker and Deputy Speaker of Parliament.
47.
Power, privileges and immunities of Parliament and
of the members and the committees of Parliament; enforcement of attendance of
persons for giving evidence or producing documents before committees of
Parliament or commissions appointed by Parliament.
48.
Emoluments, allowances, privileges, and rights in
respect of leave of absence, of the President; salaries and allowances of the
Ministers for the Central Government; the salaries, allowances, and rights in
respect of leave of absence and other conditions of service of all Public
Officers.
49.
Auditing of accounts of the Central Government.
50.
Constitution, organization, jurisdiction and powers
of the High Court and the Supreme Court and the people entitled to practice
before such Courts.
51.
Extension of the powers and jurisdiction of members
of a Police Force belonging to any Federal State or to any area outside that
State, but not so as to enable the Police of on State, but not so as to enable
the Police of one State to exercise powers and jurisdiction in any area outside that State without the
consent of the Government of the State in which such are is situated; extension
of the powers and jurisdiction of members of a police force belonging to any
state to any area outside that State.
52.
Inter-State migration; Inter-State quarantine,
Public Health.
CONCURRENT LIST
MATTERS WITH
RESPECT TO WHICH BOTH PARLIAMENT AND FEDERAL
STATE COUNCILS
HAVE POWER TO MAKE LAWS
1.
Police Force
2.
Criminal law and procedure.
3.
4.
Marriage and divorce; infants and minors; adoption;
Wills, intestacy and succession, joint family and separation; and ll matters in
respect of which parties in judicial proceedings were immediately before the
commencement of this Constitution subject to their personal law.
5.
Transfer of property, registration deeds and
documents.
6.
Contracts, including partnership, agency, contracts
of carriage, and other special forms of contracts.
7.
Actionable wrongs.
8.
Bankruptcy and insolvency.
9.
Trusts and Trustees
10.
Administrator-General and official trustees.
11.
Administration of justices; constitution and
organisation of all courts except the High Court and
the Supreme court.
12.
Evidence and the recognition of laws, public acts
and records, and judicial proceedings.
13.
Civil procedure, including all matters included in
the Civil Procedure Act at the commencement of this Constitution.
14.
Vagrancy; nomadic and migratory tribes.
15.
Prevention of cruelty to animals, protection of wild
animals and birds.
16.
Forests
17.
Adulteration of foodstuffs and other goods.
18.
Drugs and poisons, public health and sanitation,
hospitals and dispensaries.
19.
Economic and social planning
20.
Population control and family planning.
21.
Commercial and industrial monopolies, companies and
trusts.
22.
Trade unions, industrial and labour disputes.
23.
Social security and social insurance; employment and
unemployment
24.
Welfare of labour including conditions of work,
provident funds, employer’s liability, workmen’s compensation, invalidity and
old age pensions and maternity benefits.
25.
Education.
26.
Legal, medical and other professions.
27.
Charities and charitable institutions, charitable
and religious endowment and religious institutions.
28.
Prevention of the extension from one State to
another of infectious or contagious diseases or pests affecting men, animals or
plants.
29.
Vital statistics including registration of births
and deaths.
30.
Ports other than those declared by or under law made
by Parliament or existing law to be major ports.
31.
Shipping and navigation on inland waterways as
regards mechanically propelled vessels, and the
carriage of passengers and goods on inland waterways subject to the provisions
of schedule 11 with respect to national waterways.
32.
Trade and commerce in, and the production, supply
and distribution of:
(a)
the products of any industry where the control of
such industry by he Federal State is declared by Parliament by law to be
expedient in the public interest, and imported goods of the same kind as such
products;
(b)
foodstuffs;
(c)
All agricultural produce.