Monday 22 May 2017

CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995

Fri, 03/22/2013 - 17:49 -- armel
English

CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.

Arrangement of the Constitution.

Preliminary matter.
Arrangement of objectives.
Arrangement of chapters and schedules.
Arrangement of articles.
Preamble.
National objectives and directive principles of State policy.
Chapters.
Schedules.

THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.

National Objectives and Directive Principles of State Policy.
Arrangement of Objectives.

Objective

General.

I.

Implementation of objectives.

Political objectives.

II.
III.
IV.

Protection and promotion of fundamental and other human rights and
freedoms.

V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.

Democratic principles.
National unity and stability.
National sovereignty, independence and territorial integrity.

XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.

Fundamental and other human rights and freedoms.
Gender balance and fair representation of marginalised groups.
Protection of the aged.
Provision of adequate resources for organs of Government.
The right to development.
Role of the people in development.
Role of the State in development.
Balanced and equitable development.
Protection of natural resources.

Social and economic objectives.

General social and economic objectives.
Recognition of the role of women in society.
Recognition of the dignity of persons with disabilities.
Recreation and sports.
Educational objectives.
Protection of the family.
Medical services.
Clean and safe water.

XXII.
XXIII.

Food security and nutrition.
Natural disasters.

Cultural objectives.

XXIV.
XXV.

Cultural objectives.
Preservation of public property and heritage.

Accountability.

XXVI.

Accountability.

The environment.

XXVII.

The environment.

Foreign policy objectives.

XXVIII.

Foreign policy objectives.

Duties of a citizen.

XXIX.

Duties of a citizen.

THE CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.

Arrangement of Chapters and Schedules.

Chapter
1.
2.
3.
4.

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

The Constitution.
The Republic.
Citizenship.
Protection and promotion of fundamental and other human rights
and freedoms.
Representation of the people.
The legislature.
The executive.
The judiciary.
Finance.
The public service.
Local government.
Defence and national security.
Inspectorate of Government.
Leadership Code of Conduct.
Land and environment.
Institution of traditional or cultural leaders.
General and miscellaneous.
Amendment of the Constitution.
Transitional provisions.

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Schedules

Districts of Uganda.

The boundary of Uganda.

Uganda’s indigenous communities as at
1st February, 1926.

Oaths.

Areas of cooperation among districts.

Functions and services for which
Government is responsible.

Seventh Schedule

Unconditional grant to local governments.

CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.

Arrangement of Articles.

Article

1.
2.
3.
4.

5.
6.
7.
8.

9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

CHAPTER ONE—THE CONSTITUTION.

Sovereignty of the people.
Supremacy of the Constitution.
Defence of the Constitution.
Promotion of public awareness of the Constitution.

CHAPTER TWO—THE REPUBLIC.

The Republic of Uganda.
Official language.
Nonadoption of State religion.
National symbols and seals.

CHAPTER THREE—CITIZENSHIP.

Citizens of Uganda.
Citizenship by birth.
Foundlings and adopted children.
Citizenship by registration.
Citizenship by naturalisation.
Loss of citizenship by registration.
Prohibition of dual citizenship.
National Citizenship and Immigration Board.
Duties of a citizen.
Registration of births, marriages and deaths
.
Citizenship of a parent dying before the birth of a person.

CHAPTER FOUR—PROTECTION AND PROMOTION OF FUNDAMENTAL AND
OTHER HUMAN RIGHTS AND FREEDOMS.

General.

20.
21.
22.
23.
24.

Fundamental and other human rights and freedoms.
Equality and freedom from discrimination.
Protection of right to life.
Protection of personal liberty.
Respect for human dignity and protection from inhuman
treatment.
Protection from slavery, servitude and forced labour.
Protection from deprivation of property.
Right to privacy of person, home and other property.
Right to a fair hearing.
Protection of freedom of conscience, expression, movement,
religion, assembly and association.
Right to education.
Rights of the family.
Affirmative action in favour of marginalised groups.
Rights of women.
Rights of children.
Rights of persons with disabilities.
Protection of rights of minorities.
Right to culture and similar rights.
Civic rights and activities.
Right to a clean and healthy environment.
Economic rights.
Right of access to information.
Right to just and fair treatment in administrative decisions.
General limitation on fundamental and other human rights and
freedoms.
Prohibition of derogation from particular human rights and
freedoms.
Human rights and freedoms additional to other rights.

25.
26.
27.
28.
29.

30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.

44.

45.

Human rights and freedoms during a state of emergency.

46.
47.
48.

Effect of laws enacted for a state of emergency.
Detention under emergency laws.
Review by the Uganda Human Rights Commission.

49.

Report to Parliament.

Enforcement of rights and freedoms by courts.

50.

Enforcement of rights and freedoms by courts.

Uganda Human Rights Commission.

51.
52.
53.
54.
55.
56.
57.
58.

Uganda Human Rights Commission.
Functions of the Human Rights Commission.
Powers of the commission.
Independence of the commission.
Expenses of the commission.
Removal of the commissioners.
Staff of the commission.
Parliament to make laws regarding functions of the commission.

CHAPTER FIVE—REPRESENTATION OF THE PEOPLE.

Right to vote.

59.

Right to vote.

Electoral Commission.

60.
61.
62.
63.
64.
65.
66.
67.
68.

Electoral Commission.
Functions of the Electoral Commission.
Independence of the commission.
Constituencies.
Appeals from decisions of the commission.
Staff of the commission.
Expenses of the commission.
Organisation of elections.
Voting at elections and referenda.

Political systems.

69.
70.
71.
72.

Political systems.
Movement political system.
Multiparty political system.
Right to form political organisations.

73.
74.
75.

Regulations of political organisations.
Change of political systems by referenda or elections.
Prohibition of one-party State.

General.

76.

Parliament to enact laws on elections.

CHAPTER SIX—THE LEGISLATURE.

Establishment, composition and functions of Parliament.

77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.

Parliament of Uganda.
Composition of Parliament.
Functions of Parliament.
Qualifications and disqualifications of members of Parliament.
Election of members of Parliament.
Speaker and Deputy Speaker of Parliament.
Tenure of office of members of Parliament.
Right of recall.
Emoluments of members of Parliament.
Determination of questions of membership.
Clerk to Parliament and other staff.

Procedure of Parliament.

88.
89.
90.
91.
92.
93.
94.
95.
96.

Quorum of Parliament.
Voting in Parliament.
Committees of Parliament.
Exercise of legislative powers.
Restriction on retrospective legislation.
Restriction on financial matters.
Rules of procedure in Parliament.
Sessions of Parliament.
Dissolution of Parliament.

General.

97.

Parliamentary immunities and privileges.

CHAPTER SEVEN—THE EXECUTIVE.

The President.

98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.

President of Uganda.
Executive authority of Uganda.
Notification of the absence of the President from Uganda.
Presidential addresses.
Qualifications of the President.
Election of the President.
Challenging a presidential election.
Tenure of office of the President.
Terms and conditions of service of the President.
Removal of the President.
Vice President.
Absence of the President.
State of emergency.

The Cabinet.

111.
112.
113.
114.
115.
116.
117.
118.
119.

The Cabinet.
Meetings of the Cabinet.
Cabinet Ministers.
Other Ministers.
Oath of Minister.
Vacation of office of Minister.
Responsibility of Ministers.
Vote of censure.
Attorney General.

Director of Public Prosecutions.

120. Director of Public Prosecutions.

Prerogative of mercy.

121. Prerogative of mercy.

International relations.

122. Diplomatic representation.

123. Execution of treaties, conventions and agreements.

Declaration of a state of war.

124. Declaration of a state of war.

National Planning Authority.

125. National Planning Authority.

CHAPTER EIGHT—THE JUDICIARY.

Administration of justice.

126. Exercise of judicial power.
127. Participation of the people in the administration of justice.
128. Independence of the judiciary.

The courts of judicature.

129. The courts of judicature.

The Supreme Court of Uganda.

130.
131.
132.
133.

Supreme Court of Uganda.
Composition of the Supreme Court.
Jurisdiction of the Supreme Court.
Administrative functions of the Chief Justice.

The Court of Appeal of Uganda.

134. Court of Appeal of Uganda.
135. Composition of the Court of Appeal.
136. Administrative functions of the Deputy Chief Justice.

The constitutional court.

137. Questions as to the interpretation of the Constitution.

The High Court of Uganda.

138.
139.
140.
141.

High Court of Uganda.
Jurisdiction of the High Court.
Hearing of election cases.
Administrative functions of the Principal Judge.

Appointments, qualifications and tenure of office of judicial officers.

142.
143.
144.
145.

Appointment of judicial officers.
Qualifications for appointment of judicial officers.
Tenure of office of judicial officers.
Registrars.

Judicial Service Commission.

146.
147.
148.
149.
150.
151.

Judicial Service Commission.
Functions of the Judicial Service Commission.
Appointment of other judicial officers.
Judicial oath.
Power to make laws relating to the judiciary.
Interpretation.

CHAPTER NINE—FINANCE.

General.

Taxation.
Consolidated Fund.
Withdrawals from the Consolidated Fund.
Financial year estimates.
Appropriation Bill.
Contingencies Fund.
Offices the remuneration of which is charged on the Consolidated
Fund.
159. Power of Government to borrow or lend.
160. Public debt.

152.
153.
154.
155.
156.
157.
158.

Central Bank of Uganda.

161. The Central Bank.

162. Functions of the bank.

Auditor General.

163. Auditor General.
164. Accountability.

CHAPTER TEN—THE PUBLIC SERVICE.

Public Service Commission.

165. Public Service Commission.
166. Functions of the Public Service Commission.

Education Service Commission.

167. Education Service Commission.
168. Functions of the Education Service Commission.

Health Service Commission.

169. Health Service Commission.
170. Functions of the Health Service Commission.

General.

171.
172.
173.
174.
175.

Establishment of offices.
Appointment of public officers.
Protection of public officers.
Permanent secretaries.
Interpretation.

CHAPTER ELEVEN—LOCAL GOVERNMENT.

Principles and structures of local government.

176.
177.
178.
179.
180.

Local government system.
Districts of Uganda.
Cooperation among districts.
Boundaries of local government units.
Local government councils.

181.
182.
183.
184.
185.
186.
187.
188.
189.

Elections of local government councils.
Revocation of mandate.
District chairperson.
Speaker of a district council.
Removal of a district chairperson and speaker.
District executive committee.
Vacation of office of member of district executive committee.
Chief administrative officer.
Functions of the Government and district councils.

Finances of local governments.

190.
191.
192.
193.
194.
195.
196.
197.

Planning.
Power to levy and appropriate taxes.
Collection of taxes by local governments.
Grants to local governments.
Local Government Finance Commission.
Loans and grants.
Accountability.
Financial autonomy of urban authorities.

District service commissions.

198. District service commissions.
199. Secondment of staff.
200. Functions of district service commissions.

General.

201.
202.
203.
204.
205.
206.
207.

Exercise of administrative functions.
Takeover of district administration by the president.
Resident district commissioner.
Terms and conditions of service.
Prohibition of holding political offices concurrently.
Parliament to make laws regarding local Government.
Interpretation.

CHAPTER TWELVE—DEFENCE AND NATIONAL SECURITY.

Uganda Peoples’ Defence Forces.

208. Uganda Peoples’ Defence Forces.
209. Functions of the defence forces.
210. Parliament to regulate the Uganda Peoples’ Defence Forces.

Uganda Police Force.

211.
212.
213.
214.

Uganda Police Force.
Functions of the Uganda Police Force.
Command of the Uganda Police Force.
Parliament to regulate the Uganda Police Force.

Uganda Prisons Service.

215. Uganda Prisons Service.
216. Commissioner and Deputy Commissioner of Prisons.
217. Parliament to regulate the Uganda Prisons Service.

Intelligence services.

218. Intelligence services.

National Security Council.

219. National Security Council.
220. Functions of the National Security Council.

General.

221. Security organisations to observe human rights.
222. Parliament to regulate possession and use of firearms and
ammunition.

CHAPTER THIRTEEN—INSPECTORATE OF GOVERNMENT.

223. Inspectorate of Government.
224. Removal of Inspector General and Deputy Inspector General.
225. Functions of inspectorate.

226.
227.
228.
229.
230.
231.
232.

Jurisdiction of inspectorate.
Independence of inspectorate.
Branches of inspectorate.
Resources of inspectorate.
Special powers of inspectorate.
Reports of inspectorate.
Powers of Parliament regarding inspectorate.

CHAPTER FOURTEEN—LEADERSHIP CODE OF CONDUCT.

233.
234.
235.
236.

Leadership Code of Conduct.
Enforcement of the code.
Disqualification for breach of the code.
Interpretation.

CHAPTER FIFTEEN—LAND AND ENVIRONMENT.

Land.

237. Land ownership.

Uganda Land Commission.

238. Uganda Land Commission.
239. Functions of the Uganda Land Commission.

District land boards.

240. District land boards.
241. Functions of district land boards.

General.

242. Land use.
243. Land tribunals.
244. Minerals.

Environment.

245. Protection and preservation of the environment.

CHAPTER SIXTEEN—INSTITUTION OF TRADITIONAL OR CULTURAL
LEADERS.

246. Institution of traditional or cultural leaders.

CHAPTER SEVENTEEN—GENERAL AND MISCELLANEOUS.

247.
248.
249.
250.
251.
252.
253.
254.
255.
256.
257.
258.

Administration of estates.
Law Reform Commission.
Disaster Preparedness and Management Commission.
Legal proceedings by or against the Government.
Performance of functions of commissions and authorities.
Resignations.
Reappointments and concurrent appointments.
Pension.
Right of citizens to demand referenda.
Manner of administering oaths.
Interpretation.
Ratification of certain Acts relating to the procedure of
Parliament.

CHAPTER EIGHTEEN—AMENDMENT OF THE CONSTITUTION.

259.
260.
261.
262.
263.

Amendment of the Constitution.
Amendments requiring a referendum.
Amendments requiring approval by district councils.
Amendments by Parliament.
Certificate of compliance.

CHAPTER NINETEEN—TRANSITIONAL PROVISIONS.

264.
265.
266.
267.
268.
269.
270.
271.
272.
273.

Transitional Government.
Particular functions of transitional Government.
Existing courts of judicature.
Existing offices of judges.
Interim membership of Court of Appeal.
Existing offices.
Regulation of political organisations.
Existing political parties or organisations.
First elections.
Appointment to certain offices.

274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.
285.
286.
287.
288.

Existing law.
Modification of existing law by first President.
Enactments not yet in force.
Provisions regarding urban authorities.
Existing commissions and committees of inquiry.
Oaths deemed to have been taken.
Pending matters.
Proceedings pending before courts.
Prerogative of mercy re cases before Constitution.
Devolution of rights and liabilities.
Succession to property.
Succession to contracts.
Revocation of statutory leases to urban authorities.
International agreements, treaties and conventions.
Repeal of 1967 Constitution and Legal Notice No. 1 of 1986.

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Seventh Schedule

Schedules

Districts of Uganda.

The boundary of Uganda.

Uganda’s indigenous communities as at
1st February, 1926.

Oaths.

Areas of cooperation among districts.

Functions and services for which
Government is responsible.

Unconditional grant to local
governments.

CONSTITUTION OF THE REPUBLIC OF UGANDA, 1995.

Commencement: 8 October, 1995.

The Preamble.

WE THE PEOPLE OF UGANDA:

RECALLING our history which has been characterised by political and
constitutional instability;

RECOGNISING our struggles against the forces of tyranny, oppression and
exploitation;

COMMITTED to building a better future by establishing a socio-economic and
political order through a popular and durable national Constitution based on
the principles of unity, peace, equality, democracy, freedom, social justice
and progress;

EXERCISING our sovereign and inalienable right to determine the form of
governance for our country, and having fully participated in the
Constitution-making process;

NOTING that a Constituent Assembly was established to represent us and to
debate the Draft Constitution prepared by the Uganda Constitutional
Commission and to adopt and enact a Constitution for Uganda:

DO HEREBY, in and through this Constituent Assembly solemnly
adopt, enact and give to ourselves and our posterity, this
Constitution of the Republic of Uganda, this 22nd day of
September, in the year 1995.

FOR GOD AND MY COUNTRY.

National Objectives and Directive Principles of State Policy.

General.

I.

Implementation of objectives.

(i) The following objectives and principles shall guide all organs
and agencies of the State, all citizens, organisations and other bodies and
persons in applying or interpreting the Constitution or any other law and in
taking and implementing any policy decisions for the establishment and
promotion of a just, free and democratic society.

(ii) The President shall report to Parliament and the nation at least
once a year, all steps taken to ensure the realisation of these policy objectives
and principles.

Political objectives.

II.

Democratic principles.

(i) The State shall be based on democratic principles which
empower and encourage the active participation of all citizens at all levels in
their own governance.

(ii) All the people of Uganda shall have access to leadership
positions at all levels, subject to the Constitution.

(iii) The State shall be guided by the principle of decentralisation and
devolution of governmental functions and powers to the people at appropriate
levels where they can best manage and direct their own affairs.

(iv) The composition of Government shall be broadly representative
of the national character and social diversity of the country.

(v) All political and civic associations aspiring to manage and direct
public affairs shall conform to democratic principles in their internal
organisations and practice.

(vi) Civic organisations shall retain their autonomy in pursuit of their
declared objectives.

III.

National unity and stability.

(i) All organs of State and people of Uganda shall work towards the
promotion of national unity, peace and stability.

(ii) Every effort shall be made to integrate all the peoples of Uganda
while at the same time recognising the existence of their ethnic, religious,
ideological, political and cultural diversity.

(iii) Everything shall be done to promote a culture of cooperation,
understanding, appreciation, tolerance and respect for each other's customs,
traditions and beliefs.

(iv) There shall be established and nurtured institutions and
procedures for the resolution of conflicts fairly and peacefully.

(v) The State shall provide a peaceful, secure and stable political
environment which is necessary for economic development.

IV.

National sovereignty, independence and territorial integrity.

(i) The State and citizens of Uganda shall at all times defend the
independence, sovereignty and territorial integrity of Uganda.

(ii) The State and citizens of Uganda shall endeavour to build
national strength in political, economic and social spheres to avoid undue
dependence on other countries and institutions.

(iii) The State shall endeavour to mobilise, organise and empower
the Ugandan people to build independent and sustainable foundations for the
development of Uganda.

Protection and promotion of fundamental and other human rights and
freedoms.

V.

Fundamental and other human rights and freedoms.

(i) The State shall guarantee and respect institutions which are
charged by the State with responsibility for protecting and promoting human
rights by providing them with adequate resources to function effectively.

(ii) The State shall guarantee and respect the independence of
nongovernmental organisations which protect and promote human rights.

VI.

Gender balance and fair representation of marginalised groups.

The State shall ensure gender balance and fair representation of marginalised
groups on all constitutional and other bodies.

VII.

Protection of the aged.

The State shall make reasonable provision for the welfare and maintenance
of the aged.

VIII. Provision of adequate resources for organs of government.

The distribution of powers and functions as well as checks and balances
provided for in the Constitution among various organs and institutions of
government shall be supported through the provision of adequate resources
for their effective functioning at all levels.

IX.

The right to development.

In order to facilitate rapid and equitable development, the State shall
encourage private initiative and self-reliance.

X.

Role of the people in development.

The State shall take all necessary steps to involve the people in the
formulation and implementation of development plans and programmes
which affect them.

XI.

Role of the State in development.

(i) The State shall give the highest priority to the enactment of
legislation establishing measures that protect and enhance the right of the
people to equal opportunities in development.

(ii) The State shall stimulate agricultural, industrial, technological
and scientific development by adopting appropriate policies and the
enactment of enabling legislation.

(iii) In furtherance of social justice, the State may regulate the
acquisition, ownership, use and disposition of land and other property, in
accordance with the Constitution.

XII.

Balanced and equitable development.

(i)
approach.

(ii) The State shall take necessary measures to bring about balanced
development of the different areas of Uganda and between the rural and urban
areas.

(iii) The State shall take special measures in favour of the
development of the least developed areas.

XIII. Protection of natural resources.

The State shall protect important natural resources, including land, water,
wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.

The State shall adopt an integrated and coordinated planning

Social and economic objectives.

XIV. General social and economic objectives.

The State shall endeavour to fulfill the fundamental rights of all Ugandans to
social justice and economic development and shall, in particular, ensure
that—
(a) all developmental efforts are directed at ensuring the maximum
social and cultural well-being of the people; and
(b) all Ugandans enjoy rights and opportunities and access to
education, health services, clean and safe water, work, decent
shelter, adequate clothing, food security and pension and
retirement benefits.

XV.

Recognition of the role of women in society.

The State shall recognise the significant role that women play in society.

XVI. Recognition of the dignity of persons with disabilities.

Society and the State shall recognise the right of persons with disabilities to
respect and human dignity.

XVII. Recreation and sports.

The State shall promote recreation and sports for the citizens of Uganda.

XVIII. Educational objectives.

(i)

(ii) The State shall take appropriate measures to afford every citizen
equal opportunity to attain the highest educational standard possible.

(iii) Individuals, religious bodies and other nongovernmental
organisations shall be free to found and operate educational institutions if
they comply with the general educational policy of the country and maintain
national standards.

XIX. Protection of the family.

The family is the natural and basic unit of society and is entitled to protection
by society and the State.

XX.

Medical services.

The State shall take all practical measures to ensure the provision of basic
medical services to the population.

XXI. Clean and safe water.

The State shall take all practical measures to promote a good water
management system at all levels.

XXII. Food security and nutrition.

The State shall—
(a) take appropriate steps to encourage people to grow and store
adequate food;

The State shall promote free and compulsory basic education.

(b)
(c)

establish national food reserves; and
encourage and promote proper nutrition through mass education
and other appropriate means in order to build a healthy State.

XXIII. Natural disasters.

The State shall institute an effective machinery for dealing with any hazard
or disaster arising out of natural calamities or any situation resulting in
general displacement of people or serious disruption of their normal life.

Cultural objectives.

XXIV. Cultural objectives.

Cultural and customary values which are consistent with fundamental rights
and freedoms, human dignity, democracy and with the Constitution may be
developed and incorporated in aspects of Ugandan life.

The State shall—
(a) promote and preserve those cultural values and practices which
enhance the dignity and well-being of Ugandans;
(b) encourage the development, preservation and enrichment of all
Ugandan languages;
(c) promote the development of a sign language for the deaf; and
(d) encourage the development of a national language or languages.

XXV. Preservation of public property and heritage.

The State and citizens shall endeavour to preserve and protect and generally
promote the culture of preservation of public property and Uganda’s heritage.

Accountability.

XXVI. Accountability.

(i)

(ii) All persons placed in positions of leadership and responsibility
shall, in their work, be answerable to the people.

(iii) All lawful measures shall be taken to expose, combat and

All public offices shall be held in trust for the people.

eradicate corruption and abuse or misuse of power by those holding political
and other public offices.

The environment.

XXVII. The environment.

(i) The State shall promote sustainable development and public
awareness of the need to manage land, air and water resources in a balanced
and sustainable manner for the present and future generations.

(ii) The utilisation of the natural resources of Uganda shall be
managed in such a way as to meet the development and environmental needs
of present and future generations of Ugandans; and, in particular, the State
shall take all possible measures to prevent or minimise damage and
destruction to land, air and water resources resulting from pollution or other
causes.

(iii) The State shall promote and implement energy policies that will
ensure that people’s basic needs and those of environmental preservation are
met.

(iv) The State, including local governments, shall—
(a) create and develop parks, reserves and recreation areas and
ensure the conservation of natural resources;
(b) promote the rational use of natural resources so as to safeguard
and protect the biodiversity of Uganda.

Foreign policy objectives.

XXVIII.

(i)

of—

(a)
(b)
(c)
(d)
(e)

Foreign policy objectives.

The foreign policy of Uganda shall be based on the principles

promotion of the national interest of Uganda;
respect for international law and treaty obligations;
peaceful coexistence and nonalignment;
settlement of international disputes by peaceful means;
opposition to all forms of domination, racism and other forms
of oppression and exploitation.

(ii) Uganda shall actively participate in international and regional
organisations that stand for peace and for the well-being and progress of
humanity.

(iii) The State shall promote regional and pan-African cultural,
economic and political cooperation and integration.

Duties of a citizen.

XXIX. Duties of a citizen.

The exercise and enjoyment of rights and freedoms is inseparable from the
performance of duties and obligations; and, accordingly, it shall be the duty
of every citizen—
(a) to be patriotic and loyal to Uganda and to promote its
well-being;
(b) to engage in gainful work for the good of that citizen, the family
and the common good and to contribute to national
development;
(c) to contribute to the well-being of the community where that
citizen lives;
(d) to promote responsible parenthood;
(e) to foster national unity and live in harmony with others;
(f) to promote democracy and the rule of law; and
(g) to acquaint himself or herself with the provisions of the
Constitution and to uphold and defend the Constitution and the
law.

Chapter One
The Constitution.

1.

Sovereignty of the people.

(1) All power belongs to the people who shall exercise their
sovereignty in accordance with this Constitution.

(2) Without limiting the effect of clause (1) of this article, all
authority in the State emanates from the people of Uganda; and the people
shall be governed through their will and consent.

(3) All power and authority of Government and its organs derive from
this Constitution, which in turn derives its authority from the people who
consent to be governed in accordance with this Constitution.

(4) The people shall express their will and consent on who shall
govern them and how they should be governed, through regular, free and fair
elections of their representatives or through referenda.

2.

Supremacy of the Constitution.

(1) This Constitution is the supreme law of Uganda and shall have
binding force on all authorities and persons throughout Uganda.

(2) If any other law or any custom is inconsistent with any of the
provisions of this Constitution, the Constitution shall prevail, and that other
law or custom shall, to the extent of the inconsistency, be void.

3.

Defence of the Constitution.

(1) It is prohibited for any person or group of persons to take or retain
control of the Government of Uganda, except in accordance with the
provisions of this Constitution.

(2) Any person who, singly or in concert with others, by any violent
or other unlawful means, suspends, overthrows, abrogates or amends this
Constitution or any part of it or attempts to do any such act, commits the
offence of treason and shall be punished according to law.

(3)

This Constitution shall not lose its force and effect even where its

observance is interrupted by a government established by the force of arms;
and in any case, as soon as the people recover their liberty, its observance
shall be reestablished and all persons who have taken part in any rebellion or
other activity which resulted in the interruption of the observance shall be
tried in accordance with this Constitution and other laws consistent with it.

(4)
(a)

(b)

All citizens of Uganda shall have the right and duty at all times—
to defend this Constitution and, in particular, to resist any person
or group of persons seeking to overthrow the established
constitutional order; and
to do all in their power to restore this Constitution after it has
been suspended, overthrown, abrogated or amended contrary to
its provisions.

(5) Any person or group of persons who, as required by clause (4) of
this article, resists the suspension, overthrow, abrogation or amendment of
this Constitution commits no offence.

(6) Where a person referred to in clause (5) of this article is punished
for any act done under that clause, the punishment shall, on the restoration of
this Constitution, be considered void from the time it was imposed, and that
person shall be taken to be absolved from all liabilities arising out of the
punishment.

4.

Promotion of public awareness of the Constitution.

The State shall promote public awareness of this Constitution by—
(a) translating it into Ugandan languages and disseminating it as
widely as possible; and
(b) providing for the teaching of the Constitution in all educational
institutions and armed forces training institutions and regularly
transmitting and publishing programmes through the media
generally.

Chapter Two
The Republic.

5.

The Republic of Uganda.

(1)

(2) Uganda shall consist of the districts specified in the First Schedule
to this Constitution and such other districts as may be established in
accordance with this Constitution or any other law consistent with it.

(3) The territorial boundary of Uganda shall be as delineated in the
Second Schedule to this Constitution.

(4)

6.

Official language.

(1)

(2) Subject to clause (1) of this article, any other language may be
used as a medium of instruction in schools or other educational institutions
or for legislative, administrative or judicial purposes as may be prescribed by
law.

7.

Nonadoption of a State religion.

Uganda shall not adopt a State religion.

8.

National symbols and seals.

The national flag, the national coat of arms, the public seal, the national
anthem and the seals of the courts of judicature in use immediately before the
coming into force of this Constitution shall continue to be in use.

Uganda is one sovereign State and a Republic.

The capital of Uganda is Kampala.

The official language of Uganda is English.

Chapter Three
Citizenship.

9.

Citizens of Uganda.

Every person who, on the commencement of this Constitution, is a citizen of
Uganda shall continue to be such a citizen.

10.

Citizenship by birth.

The following persons shall be citizens of Uganda by birth—
(a) every person born in Uganda one of whose parents or
grandparents is or was a member of any of the indigenous
communities existing and residing within the borders of Uganda
as at the first day of February, 1926, and set out in the Third
Schedule to this Constitution; and
(b) every person born in or outside Uganda one of whose parents or
grandparents was at the time of birth of that person a citizen of
Uganda by birth.

11.

Foundlings and adopted children.

(1) A child of not more than five years of age found in Uganda,
whose parents are not known, shall be presumed to be a citizen of Uganda by
birth.

(2) A child under the age of eighteen years neither of whose parents
is a citizen of Uganda, who is adopted by a citizen of Uganda shall, on
application, be registered as a citizen of Uganda.

12.

Citizenship by registration.

Every person born in Uganda—
at the time of whose birth—
(i) neither of his or her parents and none of his or her
grandparents had diplomatic status in Uganda; and
(ii) neither of his or her parents and none of his or her
grandparents was a refugee in Uganda; and
(b) who has lived continuously in Uganda since the ninth day of
October, 1962,
shall, on application, be entitled to be registered as a citizen of Uganda.

(1)
(a)

(2) The following persons shall, upon application, be registered as
citizens of Uganda—
(a) every person married to a Uganda citizen upon proof of a legal
and subsisting marriage of three years or such other period
prescribed by Parliament;
(b) every person who has legally and voluntarily migrated to and has
been living in Uganda for at least ten years or such other period
prescribed by Parliament;
(c) every person who, on the commencement of this Constitution, has
lived in Uganda for at least twenty years.

(3) Clause (2)(a) of this article applies also to a person who was
married to a citizen of Uganda who, but for his or her death, would have
continued to be a citizen of Uganda under this Constitution.

(4) Where a person has been registered as a citizen of Uganda under
clause (2)(a) of this article and the marriage by virtue of which that person
was registered is—
(a) annulled or otherwise declared void by a court or tribunal of
competent jurisdiction; or
(b) dissolved,
that person shall, unless he or she renounces that citizenship, continue to be
a citizen of Uganda.

13.

Citizenship by naturalisation.

Parliament shall by law provide for the acquisition and loss of citizenship by
naturalisation.

14.

Loss of citizenship by registration.

A person may be deprived of his or her citizenship if acquired by registration,
on any of the following grounds—
(a) voluntary acquisition of the citizenship of another country;
(b) voluntary service in the armed forces or security forces of a
country hostile to or at war with Uganda;
(c) acquisition of Uganda citizenship by fraud, deceit, bribery, or
having made intentional and deliberate false statements in his or
her application for citizenship; and
(d) espionage against Uganda.

15.

Prohibition of dual citizenship.

(1) Subject to this article, a Uganda citizen shall not hold the
citizenship of another country concurrently with his or her Uganda
citizenship.

(2) A citizen of Uganda shall cease forthwith to be a citizen of
Uganda if, on attaining the age of eighteen years he or she, by voluntary act
other than marriage, acquires or retains the citizenship of a country other than
Uganda.

A person who—
becomes a citizen of Uganda by registration; and
upon becoming a citizen of Uganda, is also a citizen of another
country,
shall cease to be a citizen of Uganda unless he or she has—
(c) renounced his or her citizenship of that other country;
(d) taken the oath of allegiance specified in the Fourth Schedule to
this Constitution;
(e) made and registered such declaration of his or her intentions
concerning residence as may be prescribed by law; or
(f) obtained an extension of time for taking those steps and the
extended period has not expired.

(3)
(a)
(b)

(4) A Uganda citizen who loses his or her Uganda citizenship as a
result of the acquisition or possession of the citizenship of another country
shall, on the renunciation of his or her citizenship of that other country,
become a citizen of Uganda.

(5) Where the law of a country, other than Uganda, requires a person
who marries a citizen of that country to renounce the citizenship of his or her
own country by virtue of that marriage, a citizen of Uganda who is deprived
of his or her citizenship by virtue of that marriage shall, on the dissolution of
that marriage, if he or she thereby loses his or her citizenship acquired by that
marriage, become a citizen of Uganda.

16.

National Citizenship and Immigration Board.

(1)

There shall be a National Citizenship and Immigration Board.

(2) The board shall consist of a chairperson and not less than four
other persons, each of whom shall be of high moral character and proven
integrity, appointed by the President with the approval of Parliament.

(3) The functions of the board shall be prescribed by Parliament and
shall include—
(a) registering and issuing national identity cards to citizens;
(b) issuing Uganda passports and other travel documents;
(c) granting and cancelling citizenship by registration and
naturalisation;
(d) granting and cancelling immigration permits; and
(e) registering and issuing identity cards to aliens.

(4) The functions of the board set out in clause (3)(a), (b) and (d) of
this article may be decentralised to the district level.

17.

Duties of a citizen.

(1)
(a)
(b)
(c)

(d)
(e)
(f)

(g)
(h)
(i)

(j)

(2) It is the duty of all able-bodied citizens to undergo military
training for the defence of this Constitution and the protection of the
territorial integrity of Uganda whenever called upon to do so; and the State
shall ensure that facilities are available for such training.

18.

Registration of births, marriages and deaths.

The State shall register every birth, marriage and death occurring in Uganda.

It is the duty of every citizen of Uganda—
to respect the national anthem, flag, coat of arms and currency;
to respect the rights and freedoms of others;
to protect children and vulnerable persons against any form of
abuse, harassment or ill-treatment;
to protect and preserve public property;
to defend Uganda and to render national service when necessary;
to cooperate with lawful agencies in the maintenance of law and
order;
to pay taxes;
to register for electoral and other lawful purposes;
to combat corruption and misuse or wastage of public property;
and
to create and protect a clean and healthy environment.

19.

Citizenship of a parent dying before the birth of a person.

(1) A reference in this Chapter to the citizenship of the parent of a
person at the time of the birth of that person shall, in relation to a person born
after the death of the parent, be construed as a reference to the citizenship of
the parent at the time of the parent’s death.

(2) For the purposes of clause (1) of this article, where the death
occurred before the coming into force of this Constitution, the citizenship that
the parent would have had if he or she had died on the coming into force of
this Constitution shall be taken to be his or her citizenship at the time of his
or her death.

Chapter Four
Protection and promotion of fundamental and other human rights
and freedoms.

General.

20.

Fundamental and other human rights and freedoms.

(1) Fundamental rights and freedoms of the individual are inherent
and not granted by the State.

(2) The rights and freedoms of the individual and groups enshrined
in this Chapter shall be respected, upheld and promoted by all organs and
agencies of Government and by all persons.

21.

Equality and freedom from discrimination.

(1) All persons are equal before and under the law in all spheres of
political, economic, social and cultural life and in every other respect and
shall enjoy equal protection of the law.

(2) Without prejudice to clause (1) of this article, a person shall not
be discriminated against on the ground of sex, race, colour, ethnic origin,
tribe, birth, creed or religion, social or economic standing, political opinion
or disability.

(3) For the purposes of this article, “discriminate” means to give
different treatment to different persons attributable only or mainly to their
respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed
or religion, social or economic standing, political opinion or disability.

(4) Nothing in this article shall prevent Parliament from enacting laws
that are necessary for—
(a) implementing policies and programmes aimed at redressing
social, economic, educational or other imbalance in society; or
(b) making such provision as is required or authorised to be made
under this Constitution; or
(c) providing for any matter acceptable and demonstrably justified in
a free and democratic society.

(5)

Nothing shall be taken to be inconsistent with this article which

is allowed to be done under any provision of this Constitution.

22.

Protection of right to life.

(1) No person shall be deprived of life intentionally except in
execution of a sentence passed in a fair trial by a court of competent
jurisdiction in respect of a criminal offence under the laws of Uganda and the
conviction and sentence have been confirmed by the highest appellate court.

(2) No person has the right to terminate the life of an unborn child
except as may be authorised by law.

23.

Protection of personal liberty.

(1) No person shall be deprived of personal liberty except in any of
the following cases—
(a) in execution of the sentence or order of a court, whether
established for Uganda or another country or of an international
court or tribunal in respect of a criminal offence of which that
person has been convicted, or of an order of a court punishing the
person for contempt of court;
(b) in execution of the order of a court made to secure the fulfillment
of any obligation imposed on that person by law;
(c) for the purpose of bringing that person before a court in execution
of the order of a court or upon reasonable suspicion that that
person has committed or is about to commit a criminal offence
under the laws of Uganda;
(d) for the purpose of preventing the spread of an infectious or
contagious disease;
(e) in the case of a person who has not attained the age of eighteen
years, for the purpose of the education or welfare of that person;
(f) in the case of a person who is, or is reasonably suspected to be, of
unsound mind or addicted to drugs or alcohol, for the purpose of
the care or treatment of that person or the protection of the
community;
(g) for the purpose of preventing the unlawful entry of that person
into Uganda, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Uganda
or for the purpose of restricting that person while being conveyed
through Uganda in the course of the extradition or removal of that
person as a convicted prisoner from one country to another; or

(h)

as may be authorised by law, in any other circumstances similar
to any of the cases specified in paragraphs (a) to (g) of this clause.

(2) A person arrested, restricted or detained shall be kept in a place
authorised by law.

(3) A person arrested, restricted or detained shall be informed
immediately, in a language that the person understands, of the reasons for the
arrest, restriction or detention and of his or her right to a lawyer of his or her
choice.

A person arrested or detained—
for the purpose of bringing him or her before a court in execution
of an order of a court; or
(b) upon reasonable suspicion of his or her having committed or
being about to commit a criminal offence under the laws of
Uganda,
shall, if not earlier released, be brought to court as soon as possible but in any
case not later than forty-eight hours from the time of his or her arrest.

(4)
(a)

(5)
(a)

(b)

(c)

(6)
(a)

(b)

(c)

Where a person is restricted or detained—
the next-of-kin of that person shall, at the request of that person,
be informed as soon as practicable of the restriction or detention;
the next-of-kin, lawyer and personal doctor of that person shall be
allowed reasonable access to that person; and
that person shall be allowed access to medical treatment
including, at the request and at the cost of that person, access to
private medical treatment.

Where a person is arrested in respect of a criminal offence—
the person is entitled to apply to the court to be released on bail,
and the court may grant that person bail on such conditions as the
court considers reasonable;
in the case of an offence which is triable by the High Court as
well as by a subordinate court, the person shall be released on bail
on such conditions as the court considers reasonable, if that
person has been remanded in custody in respect of the offence
before trial for one hundred and twenty days;
in the case of an offence triable only by the High Court, the
person shall be released on bail on such conditions as the court
considers reasonable, if the person has been remanded in custody

for three hundred and sixty days before the case is committed to
the High Court.

(7) A person unlawfully arrested, restricted or detained by any other
person or authority shall be entitled to compensation from that other person
or authority whether it is the State or an agency of the State or other person
or authority.

(8) Where a person is convicted and sentenced to a term of
imprisonment for an offence, any period he or she spends in lawful custody
in respect of the offence before the completion of his or her trial shall be
taken into account in imposing the term of imprisonment.

(9) The right to an order of habeas corpus shall be inviolable and shall
not be suspended.

24.

Respect for human dignity and protection from inhuman
treatment.

No person shall be subjected to any form of torture or cruel, inhuman or
degrading treatment or punishment.

25.

Protection from slavery, servitude and forced labour.

(1)

(2)

(3) For the purposes of this article, “forced labour” does not
include—
(a) any labour required in consequence of the sentence or order of a
court;
(b) any labour required of any person while that person is lawfully
detained which, though not required in consequence of the
sentence or order of a court, is reasonably necessary in the
interests of hygiene or for the maintenance of the place at which
the person is detained;
(c) any labour required of a member of a disciplined force as part of
that member’s duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval,
military or air force, any labour which that person is required by

No person shall be held in slavery or servitude.

No person shall be required to perform forced labour.

(d)

(e)

law to perform in place of that service;
any labour required during any period when Uganda is at war or
in case of any emergency or calamity which threatens the life and
well-being of the community, to the extent that the requiring of
the labour is reasonably justifiable in the circumstances of any
situation arising or existing during the period or as a result of the
emergency or calamity, for the purpose of dealing with that
situation; or
any labour reasonably required as part of reasonable and normal
communal or other civic obligations.

26.

Protection from deprivation of property.

(1) Every person has a right to own property either individually or in
association with others.

(2) No person shall be compulsorily deprived of property or any
interest in or right over property of any description except where the
following conditions are satisfied—
(a) the taking of possession or acquisition is necessary for public use
or in the interest of defence, public safety, public order, public
morality or public health; and
(b) the compulsory taking of possession or acquisition of property is
made under a law which makes provision for—
(i) prompt payment of fair and adequate compensation, prior
to the taking of possession or acquisition of the property;
and
(ii) a right of access to a court of law by any person who has an
interest or right over the property.

27.

Right to privacy of person, home and other property.

(1)
(a)

(b)

(2) No person shall be subjected to interference with the privacy of
that person’s home, correspondence, communication or other property.

28.

Right to a fair hearing.

No person shall be subjected to—
unlawful search of the person, home or other property of that
person; or
unlawful entry by others of the premises of that person.

(1) In the determination of civil rights and obligations or any criminal
charge, a person shall be entitled to a fair, speedy and public hearing before
an independent and impartial court or tribunal established by law.

(2) Nothing in clause (1) of this article shall prevent the court or
tribunal from excluding the press or the public from all or any proceedings
before it for reasons of morality, public order or national security, as may be
necessary in a free and democratic society.

(3)
(a)

(b)

(c)

(d)

(e)

(f)

(g)

Every person who is charged with a criminal offence shall—
be presumed to be innocent until proved guilty or until that
person has pleaded guilty;
be informed immediately, in a language that the person
understands, of the nature of the offence;
be given adequate time and facilities for the preparation of his or
her defence;
be permitted to appear before the court in person or, at that
person’s own expense, by a lawyer of his or her choice;
in the case of any offence which carries a sentence of death or
imprisonment for life, be entitled to legal representation at the
expense of the State;
be afforded, without payment by that person, the assistance of an
interpreter if that person cannot understand the language used at
the trial;
be afforded facilities to examine witnesses and to obtain the
attendance of other witnesses before the court.

(4) Nothing done under the authority of any law shall be held to be
inconsistent with—
(a) clause (3)(a) of this article, to the extent that the law in question
imposes upon any person charged with a criminal offence, the
burden of proving particular facts;
(b) clause (3)(g) of this article, to the extent that the law imposes
conditions that must be satisfied if witnesses called to testify on
behalf of an accused are to be paid their expenses out of public
funds.

(5) Except with his or her consent, the trial of any person shall not
take place in the absence of that person unless the person so conducts himself
or herself as to render the continuance of the proceedings in the presence of

that person impracticable and the court makes an order for the person to be
removed and the trial to proceed in the absence of that person.

(6) A person tried for any criminal offence, or any person authorised
by him or her, shall, after the judgment in respect of that offence, be entitled
to a copy of the proceedings upon payment of a fee prescribed by law.

(7) No person shall be charged with or convicted of a criminal
offence which is founded on an act or omission that did not at the time it took
place constitute a criminal offence.

(8) No penalty shall be imposed for a criminal offence that is severer
in degree or description than the maximum penalty that could have been
imposed for that offence at the time when it was committed.

(9) A person who shows that he or she has been tried by a competent
court for a criminal offence and convicted or acquitted of that offence shall
not again be tried for the offence or for any other criminal offence of which
he or she could have been convicted at the trial for that offence, except upon
the order of a superior court in the course of appeal or review proceedings
relating to the conviction or acquittal.

(10) No person shall be tried for a criminal offence if the person shows
that he or she has been pardoned in respect of that offence.

(11) Where a person is being tried for a criminal offence, neither that
person nor the spouse of that person shall be compelled to give evidence
against that person.

(12) Except for contempt of court, no person shall be convicted of a
criminal offence unless the offence is defined and the penalty for it prescribed
by law.

29.

Protection of freedom of conscience, expression, movement,
religion, assembly and association.

(1)
(a)

(b)

Every person shall have the right to—
freedom of speech and expression which shall include freedom of
the press and other media;
freedom of thought, conscience and belief which shall include
academic freedom in institutions of learning;

(c)

(d)

(e)

freedom to practise any religion and manifest such practice which
shall include the right to belong to and participate in the practices
of any religious body or organisation in a manner consistent with
this Constitution;
freedom to assemble and to demonstrate together with others
peacefully and unarmed and to petition; and
freedom of association which shall include the freedom to form
and join associations or unions, including trade unions and
political and other civic organisations.

Every Ugandan shall have the right—
to move freely throughout Uganda and to reside and settle in any
part of Uganda;
to enter, leave and return to, Uganda; and
to a passport or other travel document.

(2)
(a)

(b)
(c)

30.

Right to education.

All persons have a right to education.

31.

Rights of the family.

(1) Men and women of the age of eighteen years and above have the
right to marry and to found a family and are entitled to equal rights in
marriage, during marriage and at its dissolution.

(2) Parliament shall make appropriate laws for the protection of the
rights of widows and widowers to inherit the property of their deceased
spouses and to enjoy parental rights over their children.

(3) Marriage shall be entered into with the free consent of the man
and woman intending to marry.

(4)
children.

(5) Children may not be separated from their families or the persons
entitled to bring them up against the will of their families or of those persons,
except in accordance with the law.

32.

Affirmative action in favour of marginalised groups.

It is the right and duty of parents to care for and bring up their

(1) Notwithstanding anything in this Constitution, the State shall take
affirmative action in favour of groups marginalised on the basis of gender,
age, disability or any other reason created by history, tradition or custom, for
the purpose of redressing imbalances which exist against them.

(2) Parliament shall make relevant laws, including laws for the
establishment of an equal opportunities commission, for the purpose of
giving full effect to clause (1) of this article.

33.

Rights of women.

(1) Women shall be accorded full and equal dignity of the person
with men.

(2) The State shall provide the facilities and opportunities necessary
to enhance the welfare of women to enable them to realise their full potential
and advancement.

(3) The State shall protect women and their rights, taking into account
their unique status and natural maternal functions in society.

(4) Women shall have the right to equal treatment with men and that
right shall include equal opportunities in political, economic and social
activities.

(5) Without prejudice to article 32 of this Constitution, women shall
have the right to affirmative action for the purpose of redressing the
imbalances created by history, tradition or custom.

(6) Laws, cultures, customs or traditions which are against the
dignity, welfare or interest of women or which undermine their status, are
prohibited by this Constitution.

34.

Rights of children.

(1) Subject to laws enacted in their best interests, children shall have
the right to know and be cared for by their parents or those entitled by law to
bring them up.

(2)

A child is entitled to basic education which shall be the

responsibility of the State and the parents of the child.

(3) No child shall be deprived by any person of medical treatment,
education or any other social or economic benefit by reason of religious or
other beliefs.

(4) Children are entitled to be protected from social or economic
exploitation and shall not be employed in or required to perform work that is
likely to be hazardous or to interfere with their education or to be harmful to
their health or physical, mental, spiritual, moral or social development.

(5) For the purposes of clause (4) of this article, children shall be
persons under the age of sixteen years.

(6) A child offender who is kept in lawful custody or detention shall
be kept separately from adult offenders.

(7) The law shall accord special protection to orphans and other
vulnerable children.

35.

Rights of persons with disabilities.

(1) Persons with disabilities have a right to respect and human
dignity, and the State and society shall take appropriate measures to ensure
that they realise their full mental and physical potential.

(2) Parliament shall enact laws appropriate for the protection of
persons with disabilities.

36.

Protection of rights of minorities.

Minorities have a right to participate in decision-making processes, and their
views and interests shall be taken into account in the making of national plans
and programmes.

37.

Right to culture and similar rights.

Every person has a right as applicable to belong to, enjoy, practise, profess,
maintain and promote any culture, cultural institution, language, tradition,
creed or religion in community with others.

38.

Civic rights and activities.

(1) Every Uganda citizen has the right to participate in the affairs of
government, individually or through his or her representatives in accordance
with law.

(2) Every Ugandan has a right to participate in peaceful activities to
influence the policies of government through civic organisations.

39.

Right to a clean and healthy environment.

Every Ugandan has a right to a clean and healthy environment.

40.

Economic rights.

(1)
(a)

(b)

(c)

Parliament shall enact laws—
to provide for the right of persons to work under satisfactory, safe
and healthy conditions;
to ensure equal payment for equal work without discrimination;
and
to ensure that every worker is accorded rest and reasonable
working hours and periods of holidays with pay, as well as
remuneration for public holidays.

(2) Every person in Uganda has the right to practise his or her
profession and to carry on any lawful occupation, trade or business.

(3)
(a)

Every worker has a right—
to form or join a trade union of his or her choice for the
promotion and protection of his or her economic and social
interests;
to collective bargaining and representation; and
to withdraw his or her labour according to law.

(b)
(c)

(4) The employer of every woman worker shall accord her protection
during pregnancy and after birth, in accordance with the law.

41.

Right of access to information.

(1) Every citizen has a right of access to information in the possession
of the State or any other organ or agency of the State except where the release
of the information is likely to prejudice the security or sovereignty of the
State or interfere with the right to the privacy of any other person.

(2) Parliament shall make laws prescribing the classes of information
referred to in clause (1) of this article and the procedure for obtaining access
to that information.

42.

Right to just and fair treatment in administrative decisions.

Any person appearing before any administrative official or body has a right
to be treated justly and fairly and shall have a right to apply to a court of law
in respect of any administrative decision taken against him or her.

43.

General limitation on fundamental and other human rights and
freedoms.

(1) In the enjoyment of the rights and freedoms prescribed in this
Chapter, no person shall prejudice the fundamental or other human rights and
freedoms of others or the public interest.

(2)
(a)
(b)
(c)

Public interest under this article shall not permit—
political persecution;
detention without trial;
any limitation of the enjoyment of the rights and freedoms
prescribed by this Chapter beyond what is acceptable and
demonstrably justifiable in a free and democratic society, or what
is provided in this Constitution.

44.

Prohibition of derogation from particular human rights and
freedoms.

Notwithstanding anything in this Constitution, there shall be no derogation
from the enjoyment of the following rights and freedoms—
(a) freedom from torture and cruel, inhuman or degrading treatment
or punishment;
(b) freedom from slavery or servitude;
(c) the right to fair hearing;
(d) the right to an order of habeas corpus.

45.

Human rights and freedoms additional to other rights.

The rights, duties, declarations and guarantees relating to the fundamental
and other human rights and freedoms specifically mentioned in this Chapter
shall not be regarded as excluding others not specifically mentioned.

Human rights and freedoms during a state of emergency.

46.

Effect of laws enacted for a state of emergency.

(1) An Act of Parliament shall not be taken to contravene the rights
and freedoms guaranteed in this Chapter, if that Act authorises the taking of
measures that are reasonably justifiable for dealing with a state of emergency.

(2) The provisions of any enactment other than an Act of Parliament
dealing with a state of emergency declared under this Constitution shall apply
only to that part of Uganda where the emergency exists.

(3) Without prejudice to clause (1) of this article, an Act enacted in
accordance with that clause may make provision for the detention of persons
where necessary for the purposes of dealing with the emergency.

47.

Detention under emergency laws.

Where a person is restricted or detained under a law made for the purpose of
a state of emergency, the following provisions shall apply—
(a) he or she shall, within twenty-four hours after the commencement
of the restriction or detention, be furnished with a statement in
writing specifying the grounds upon which he or she is restricted
or detained;
(b) the spouse or next-of-kin of or other person named by the person
restricted or detained shall be informed of the restriction or
detention and allowed access to the person within seventy-two
hours after the commencement of the restriction or detention;
(c) not more than thirty days after the commencement of his or her
restriction or detention, a notification shall be published in the
Gazette and in the media stating that he or she has been restricted
or detained and giving particulars of the provisions of the law
under which his or her restriction or detention is authorised and
the grounds of his or her restriction or detention.

48.

Review by the Uganda Human Rights Commission.

(1) The Uganda Human Rights Commission shall review the case of
a person who is restricted or detained and to whom article 47 of this
Constitution applies, not later than twenty-one days after the commencement
of the restriction or detention, and after that, at intervals of not more than
thirty days.

(2) A person who is restricted or detained shall be permitted and
afforded every possible facility—
(a) to consult a lawyer of his or her choice or any group of persons
who shall be permitted to make representations to the Uganda
Human Rights Commission for the review of his or her case;
(b) to appear in person or by a lawyer of his or her choice at the
hearing or review of his or her case.

(3) On a review of the case, the Uganda Human Rights Commission
may order the release of that person, or uphold the grounds of the restriction
or detention.

49.

Report to Parliament.

(1) In every month in which there is a sitting of Parliament, the
Minister responsible shall make a report to Parliament in respect of—
(a) the number of persons restricted or detained under the state of
emergency; and
(b) the action taken in compliance with the findings of the Uganda
Human Rights Commission.

(2) The Minister responsible shall publish every month in the Gazette
and in the media—
(a) the number and names and addresses of the persons restricted or
detained;
(b) the number of cases reviewed by the Uganda Human Rights
Commission; and
(c) the action taken in compliance with the findings of the Uganda
Human Rights Commission.

(3) For the avoidance of doubt, it is declared that at the end of the
emergency declared under this Constitution, any person in or under
restriction, detention or custody as a result of the declaration of emergency

shall be released immediately, unless charged with a criminal offence in a
court of law.

Enforcement of rights and freedoms by courts.

50.

Enforcement of rights and freedoms by courts.

(1) Any person who claims that a fundamental or other right or
freedom guaranteed under this Constitution has been infringed or threatened,
is entitled to apply to a competent court for redress which may include
compensation.

(2) Any person or organisation may bring an action against the
violation of another person’s or group’s human rights.

(3) Any person aggrieved by any decision of the court may appeal to
the appropriate court.

(4) Parliament shall make laws for the enforcement of the rights and
freedoms under this Chapter.

Uganda Human Rights Commission.

51.

Uganda Human Rights Commission.

(1) There shall be a commission called the Uganda Human Rights
Commission.

(2) The commission shall be composed of a chairperson and not less
than three other persons appointed by the President with the approval of
Parliament.

(3) The chairperson of the commission shall be a judge of the High
Court or a person qualified to hold that office.

(4) The chairperson and members of the commission shall be persons
of high moral character and proven integrity and shall serve for a period of
six years and be eligible for reappointment.

52.

Functions of the Human Rights Commission.

(1)
(a)

(b)

(c)

(d)

(e)

(f)

(g)

The commission shall have the following functions—
to investigate, at its own initiative or on a complaint made by any
person or group of persons against the violation of any human
right;
to visit jails, prisons, and places of detention or related facilities
with a view to assessing and inspecting conditions of the inmates
and make recommendations;
to establish a continuing programme of research, education and
information to enhance respect of human rights;
to recommend to Parliament effective measures to promote
human rights, including provision of compensation to victims of
violations of human rights or their families;
to create and sustain within society the awareness of the
provisions of this Constitution as the fundamental law of the
people of Uganda;
to educate and encourage the public to defend this Constitution
at all times against all forms of abuse and violation;
to formulate, implement and oversee programmes intended to
inculcate in the citizens of Uganda awareness of their civic
responsibilities and an appreciation of their rights and obligations
as free people;
to monitor the Government’s compliance with international treaty
and convention obligations on human rights; and
to perform such other functions as may be provided by law.

(h)

(i)

(2) The Uganda Human Rights Commission shall publish periodic
reports on its findings and submit annual reports to Parliament on the state of
human rights and freedoms in the country.

(3) In the performance of its functions, the Uganda Human Rights
Commission shall—
(a) establish its operational guidelines and rules of procedure;
(b) request the assistance of any department, bureau, office, agency
or person in the performance of its functions; and
(c) observe the rules of natural justice.

53.

Powers of the commission.

(1) In the performance of its functions, the commission shall have the
powers of a court—

(a)

(b)

(c)

(d)

(2) The commission may, if satisfied that there has been an
infringement of a human right or freedom, order—
(a) the release of a detained or restricted person;
(b) payment of compensation; or
(c) any other legal remedy or redress.

(3) A person or authority dissatisfied with an order made by the
commission under clause (2) of this article has a right to appeal to the High
Court.

(4)
(a)
(b)

to issue summons or other orders requiring the attendance of any
person before the commission and the production of any
document or record relevant to any investigation by the
commission;
to question any person in respect of any subject matter under
investigation before the commission;
to require any person to disclose any information within his or her
knowledge relevant to any investigation by the commission; and
to commit persons for contempt of its orders.

The commission shall not investigate—
any matter which is pending before a court or judicial tribunal;
a matter involving the relations or dealings between the
Government and the Government of any foreign State or
international organisation; or
a matter relating to the exercise of the prerogative of mercy.

(c)

54.

Independence of the commission.

Subject to this Constitution, the commission shall be independent and shall
not, in the performance of its duties, be subject to the direction or control of
any person or authority.

55.

Expenses of the commission.

(1) The commission shall be self-accounting and all the
administrative expenses of the commission, including salaries, allowances
and pensions payable to persons serving with the commission, shall be
charged on the Consolidated Fund.

(2)

The chairperson and other members of the commission shall be

paid such salaries and allowances as Parliament may prescribe.

56.

Removal of commissioners.

The provisions of this Constitution relating to the removal of a judge of the
High Court from office shall, with the necessary modifications, apply to the
removal from office of a member of the commission.

57.

Staff of the commission.

The appointment of the officers and other employees of the commission shall
be made by the commission in consultation with the Public Service
Commission.

58.

Parliament to make laws regarding functions of the commission.

Parliament may make laws to regulate and facilitate the performance of the
functions of the Uganda Human Rights Commission.

Chapter Five
Representation of The People.

Right to vote.

59.

Right to vote.

(1) Every citizen of Uganda of eighteen years of age or above has a
right to vote.

(2) It is the duty of every citizen of Uganda of eighteen years of age
or above to register as a voter for public elections and referenda.

(3) The State shall take all necessary steps to ensure that all citizens
qualified to vote register and exercise their right to vote.

(4) Parliament shall make laws to provide for the facilitation of
citizens with disabilities to register and vote.

Electoral Commission.

60.

Electoral Commission.

(1) There shall be an Electoral Commission which shall consist of a
chairperson, a deputy chairperson and five other members appointed by the
President with the approval of Parliament.

(2) Members of the commission shall be persons of high moral
character, proven integrity and who possess considerable experience and
demonstrated competence in the conduct of public affairs.

(3) The members of the commission shall hold office for seven years,
and their appointment may be renewed for one more term only.

(4) If the appointment of a member of the commission is being
renewed, the renewal shall be done at least three months before the expiry of
the first term.

(5) A person holding any of the following offices shall relinquish his
or her position in that office on appointment as a member of the
commission—

(a)
(b)
(c)

(d)

(6) Members of the commission shall be paid such emoluments as
Parliament may determine.

(7) If a member of the commission is absent or dies, the President
shall, with the approval of Parliament, appoint a person qualified in terms of
this article to act in his or her place until that person is able again to resume
his or her duties or, as the case may be, until a new person is appointed to fill
the vacancy.

(8) A member of the commission may be removed from office by the
President only for—
(a) inability to perform the functions of his or her office arising out
of physical or mental incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.

61.

Functions of the Electoral Commission.

The Electoral Commission shall have the following functions—
(a) to ensure that regular, free and fair elections are held;
(b) to organise, conduct and supervise elections and referenda in
accordance with this Constitution;
(c) to demarcate constituencies in accordance with the provisions of
this Constitution;
(d) to ascertain, publish and declare in writing under its seal the
results of the elections and referenda;
(e) to compile, maintain, revise and update the voters register;
(f) to hear and determine election complaints arising before and
during polling;
(g) to formulate and implement civic educational programmes
relating to elections; and
(h) to perform such other functions as may be prescribed by
Parliament by law.

a member of Parliament;
a member of a local government council;
a member of the executive of a political party or political
organisation; or
a public officer.

62.

Independence of the commission.

Subject to the provisions of this Constitution, the commission shall be
independent and shall, in the performance of its functions, not be subject to
the direction or control of any person or authority.

63.

Constituencies.

(1) Subject to clauses (2) and (3) of this article, Uganda shall be
divided into as many constituencies for the purpose of election of members
of Parliament as Parliament may prescribe; and each constituency shall be
represented by one member of Parliament.

(2) When demarcating constituencies for the purposes of clause (1)
of this article, the Electoral Commission shall ensure that each county, as
approved by Parliament, has at least one member of Parliament; except that
no constituency shall fall within more than one county.

(3) Subject to clause (2) of this article, the boundary of a constituency
shall be such that the number of inhabitants in the constituency is, as nearly
as possible, equal to the population quota.

(4) For the purposes of clause (3) of this article, the number of
inhabitants of a constituency may be greater or less than the population quota
in order to take account of means of communication, geographical features,
density of population, area and boundaries of districts.

(5) Subject to clause (1) of this article, the commission shall review
the division of Uganda into constituencies within twelve months after the
publication of results of a census of the population of Uganda and may as a
result redemarcate the constituencies.

(6) Where the boundary of a constituency established under this
article is altered as a result of a review, the alteration shall come into effect
upon the next dissolution of Parliament.

(7) For the purposes of this article, “population quota” means the
number obtained by dividing the number of inhabitants of Uganda by the
number of constituencies into which Uganda is to be divided under this
article.

64.

Appeals from decisions of the commission.

(1) Any person aggrieved by a decision of the Electoral Commission
in respect of any of the complaints referred to in article 61(f) of this
Constitution may appeal to the High Court.

(2) A person aggrieved by a decision of the commission in respect of
a demarcation of a boundary may appeal to a tribunal consisting of three
persons appointed by the Chief Justice; and the commission shall give effect
to the decision of the tribunal.

(3) A person aggrieved by a decision of the tribunal made under
clause (2) of this article may appeal to the High Court.

(4) A decision of the High Court on an appeal under clause (1) or (3)
of this article shall be final.

(5) Parliament shall make laws providing for procedure for the
expeditious disposal of appeals referred to in this article.

65.

Staff of the commission.

The appointment of officers and employees of the Electoral Commission
shall be made by the commission acting in consultation with the Public
Service Commission.

66.

Expenses of the commission.

(1) Parliament shall ensure that adequate resources and facilities are
provided to the commission to enable it to perform its functions effectively.

(2) The commission shall be a self-accounting institution and shall
deal directly with the Ministry responsible for finance on matters relating to
its finances.

(3) The administrative expenses of the commission, including
salaries, allowances and pensions payable to or in respect of persons serving
with the commission, shall be charged on the Consolidated Fund.

67.

Organisation of elections.

(1) The Electoral Commission shall ensure that elections are held at
times fixed and notified in advance to the public.

(2) No candidate in an election shall be denied reasonable access and
use of State-owned communication media.

(3) All presidential candidates shall be given equal time and space on
the State-owned media to present their programmes to the people.

(4) Parliament shall make laws regulating the use of public resources
and institutions during election campaigns.

68.

Voting at elections and referenda.

(1) At a public election or referendum, voting shall, subject to the
provisions of this Constitution, be by secret ballot using one ballot box at
each polling station for all candidates in an election and for all sides in a
referendum.

(2) Immediately after the close of the poll, the presiding officer shall
proceed to count at the polling station, the ballot papers of that station and
record the votes cast in favour of each candidate or question.

(3) A candidate is entitled to be present in person or through his or
her representatives or polling agents at the polling station throughout the
period of voting, counting of the votes and ascertaining of the results of the
poll.

(4) The presiding officer, the candidates or their representatives and
in the case of a referendum, the sides contesting or their agents, if any, shall
sign and retain a copy of a declaration stating—
(a) the polling station;
(b) the number of votes cast in favour of each candidate or question,
and the presiding officer shall there and then, announce the results of the
voting at that polling station before communicating them to the returning
officer.

(5) Subject to the provisions of this Constitution, an issue for
determination by a referendum shall be taken to be determined by a majority

of the votes cast at the referendum.

Political systems.

69.

Political systems.

(1) The people of Uganda shall have the right to choose and adopt a
political system of their choice through free and fair elections or referenda.

(2)
include—
(a)
(b)
(c)

70.

Movement political system.

(1) The movement political system is broad-based, inclusive and
nonpartisan and shall conform to the following principles—
(a) participatory democracy;
(b) democracy, accountability and transparency;
(c) accessibility to all positions of leadership by all citizens;
(d) individual merit as a basis for election to political offices.

(2)
(a)

(b)

The political systems referred to in clause (1) of this article shall

the movement political system;
the multiparty political system; and
any other democratic and representative political system.

Parliament may—
create organs under the movement political system and define
their roles; and
prescribe from time to time any other democratic principle of the
movement political system, as it may consider necessary.

71.

Multiparty political system.

A political party in the multiparty political system shall conform to the
following principles—
(a) every political party shall have a national character;
(b) membership of a political party shall not be based on sex,
ethnicity, religion or other sectional division;
(c) the internal organisation of a political party shall conform to the
democratic principles enshrined in this Constitution;
(d) members of the national organs of a political party shall be
regularly elected from citizens of Uganda in conformity with the

(e)

(f)

provisions of paragraphs (a) and (b) of this article and with due
consideration for gender;
political parties shall be required by law to account for the
sources and use of their funds and assets;
no person shall be compelled to join a particular party by virtue
of belonging to an organisation or interest group.

72.

Right to form political organisations.

(1) Subject to the provisions of this Constitution, the right to form
political parties and any other political organisations is guaranteed.

(2) An organisation shall not operate as a political party or
organisation unless it conforms to the principles laid down in this
Constitution and it is registered.

(3) Parliament shall by law regulate the financing and functioning of
political organisations.

73.

Regulations of political organisations.

(1) Subject to the provisions of this Constitution, but notwithstanding
the provisions of articles 29(1)(e) and 43 of this Constitution, during the
period when any of the political systems provided for in this Constitution has
been adopted, organisations subscribing to other political systems may exist
subject to such regulations as Parliament shall by law prescribe.

(2) Regulations prescribed under this article shall not exceed what
is necessary for enabling the political system adopted to operate.

74.

Change of political systems by referenda or elections.

(1) A referendum shall be held for the purpose of changing the
political system—
(a) if requested by a resolution supported by more than half of all
members of Parliament;
(b) if requested by a resolution supported by the majority of the total
membership of each of at least one half of all district councils; or
(c) if requested through a petition to the Electoral Commission by at
least one-tenth of the registered voters from each of at least
two-thirds of the constituencies for which representatives are

required to be directly elected under article 78(1)(a) of this
Constitution.

(2) The political system may also be changed by the elected
representatives of the people in Parliament and district councils by resolution
of Parliament supported by not less than two-thirds of all members of
Parliament upon a petition to it supported by not less than two-thirds majority
of the total membership of each of at least half of all district councils.

(3) The resolutions or petitions for the purposes of changing the
political system shall be taken only in the fourth year of the term of any
Parliament.

75.

Prohibition of one-party State.

Parliament shall have no power to enact a law establishing a one-party state.

General.

76.

Parliament to enact laws on elections.

Parliament may, subject to the provisions of this Constitution, enact such
laws as may be necessary for the purposes of this Chapter, including laws for
the registration of voters, the conduct of public elections and referenda and,
where necessary, making provision for voting by proxy.

Chapter Six
The Legislature.

Establishment, composition and functions of Parliament.

77.

Parliament of Uganda.

(1)

(2) The composition and functions of Parliament shall be as
prescribed by this Constitution.

(3) The term of Parliament shall be five years from the date of its first
sitting after a general election.

(4) Where there exists a state of war or a state of emergency which
would prevent a normal general election from being held, Parliament may, by
resolution supported by not less than two-thirds of all members of Parliament,
extend the life of Parliament for a period not exceeding six months at a time.

78.

Composition of Parliament.

(1)
(a)
(b)
(c)

There shall be a Parliament of Uganda.

(d)

Parliament shall consist of—
members directly elected to represent constituencies;
one woman representative for every district;
such numbers of representatives of the army, youth, workers,
persons with disabilities and other groups as Parliament may
determine; and
the Vice President and Ministers, who, if not already elected
members of Parliament, shall be ex officio members of
Parliament without the right to vote on any issue requiring a vote
in Parliament.

(2) Upon the expiration of a period of ten years after the
commencement of this Constitution and thereafter, every five years,
Parliament shall review the representation under clause (1)(b) and (c) of this
article for the purposes of retaining, increasing or abolishing any such
representation and any other matter incidental to it.

(3) The representatives referred to in clause (1)(a) of this article shall
be elected on the basis of universal adult suffrage and by secret ballot.

(4) Parliament shall, by law, prescribe the procedure for elections of
representatives referred to in clause (1)(b) and (c) of this article.

79.

Functions of Parliament.

(1) Subject to the provisions of this Constitution, Parliament shall
have power to make laws on any matter for the peace, order, development
and good governance of Uganda.

(2) Except as provided in this Constitution, no person or body other
than Parliament shall have power to make provisions having the force of law
in Uganda except under authority conferred by an Act of Parliament.

(3) Parliament shall protect this Constitution and promote the
democratic governance of Uganda.

80.

Qualifications and disqualifications of members of Parliament.

(1)
person—
(a)
(b)
(c)

A person is qualified to be a member of Parliament if that

is a citizen of Uganda;
is a registered voter; and
has completed a minimum formal education of Advanced Level
standard or its equivalent.

(2) A person is not qualified for election as a member of Parliament
if that person—
(a) is of unsound mind;
(b) is holding or acting in an office the functions of which involve a
responsibility for or in connection with the conduct of an
election;
(c) is a traditional or cultural leader as defined in article 246(6) of
this Constitution;
(d) has been adjudged or otherwise declared bankrupt under any law
in force in Uganda and has not been discharged; or
(e) is under a sentence of death or a sentence of imprisonment
exceeding nine months imposed by any competent court without
the option of a fine.

(3)

A person elected to Parliament when he or she is a member of a

local government council or holds a public office shall resign the office
before assuming the office of member of Parliament.

81.

Election of members of Parliament.

(1) A general election of members of Parliament shall be held within
thirty days before the expiration of the term of Parliament.

(2) Whenever a vacancy exists in Parliament, the Clerk to Parliament
shall notify the Electoral Commission in writing within ten days after the
vacancy has occurred; and a by-election shall be held within sixty days after
the vacancy has occurred.

(3) Notwithstanding clause (2) of this article, a by-election shall not
be held within six months before the holding of a general election of
Parliament.

(4) Every person elected to Parliament shall take and subscribe the
oath of allegiance and the oath of member of Parliament specified in the
Fourth Schedule to this Constitution.

(5) Except for the purpose of taking the oaths referred to in clause (4)
of this article, no person shall sit or vote in Parliament before taking and
subscribing the oaths.

82.

Speaker and Deputy Speaker of Parliament.

(1)

(2) The Speaker and Deputy Speaker shall be elected by members of
Parliament from among their number.

(3) A person shall not be qualified to be elected a Speaker or Deputy
Speaker if he or she is a Vice President or a Minister.

(4) Subject to article 81(4) of this Constitution, no business shall be
transacted in Parliament other than an election to the office of Speaker at any
time that office is vacant.

(5) The Chief Justice or a judge designated by the Chief Justice shall
preside at an election of a Speaker, and the Speaker shall preside at an

There shall be a Speaker and Deputy Speaker of Parliament.

election of the Deputy Speaker.

(6) An election to the office of Deputy Speaker shall be held at the
first sitting of Parliament after that office becomes vacant.

(7)
(a)
(b)
(c)

(d)
(e)

The Speaker or Deputy Speaker shall vacate his or her office—
if he or she is appointed to any public office;
if he or she becomes a Minister;
if he or she resigns his or her office by writing signed by him or
her addressed to the Clerk to Parliament;
if he or she ceases to be a member of Parliament; or
if he or she is removed by resolution of Parliament supported by
not less than two-thirds of all members of Parliament.

(8) The Speaker and Deputy Speaker shall receive such salaries,
allowances and gratuities as may be prescribed by Parliament.

(9) The salaries, allowances and gratuities of the Speaker and Deputy
Speaker shall be charged on the Consolidated Fund.

(10) The Speaker and Deputy Speaker shall each, before assuming the
duties of office, take and subscribe the oath of Speaker or Deputy Speaker
specified in the Fourth Schedule to this Constitution.

83.

Tenure of office of members of Parliament.

(1) A member of Parliament shall vacate his or her seat in
Parliament—
(a) if he or she resigns his or her office in writing signed by him or
her and addressed to the Speaker;
(b) if such circumstances arise that if that person were not a member
of Parliament would cause that person to be disqualified for
election as a member of Parliament under article 80 of this
Constitution;
(c) subject to the provisions of this Constitution, upon dissolution of
Parliament;
(d) if that person is absent from fifteen sittings of Parliament without
permission in writing of the Speaker during any period when
Parliament is continuously meeting and is unable to offer
satisfactory explanation to the relevant parliamentary committee
for his or her absence;

(e)

(f)

(g)

if that person is found guilty by the appropriate tribunal of
violation of the Leadership Code of Conduct and the punishment
imposed is or includes the vacation of the office of a member of
Parliament;
if recalled by the electorate in his or her constituency in
accordance with this Constitution;
if that person leaves the political party for which he or she stood
as a candidate for election to Parliament to join another party or
to remain in Parliament as an independent member;
if, having been elected to Parliament as an independent candidate,
that person joins a political party;
if that person is appointed a public officer.

(h)

(i)

(2) Notwithstanding clause (1)(g) and (h) of this article, membership
of a coalition government of which his or her original political party forms
part shall not affect the status of any member of Parliament.

(3) The provisions of clauses (1)(g) and (h) and (2) of this article shall
only apply during any period when the multiparty system of government is
in operation.

84.

Right of recall.

(1) Subject to the provisions of this article, the electorate of any
constituency and of any interest group referred to in article 78 of this
Constitution have the right to recall their member of Parliament before the
expiry of the term of Parliament.

(2) A member of Parliament may be recalled from that office on any
of the following grounds—
(a) physical or mental incapacity rendering that member incapable of
performing the functions of the office;
(b) misconduct or misbehaviour likely to bring hatred, ridicule,
contempt or disrepute to the office; or
(c) persistent deserting of the electorate without reasonable cause.

(3) The recall of a member of Parliament shall be initiated by a
petition in writing setting out the grounds relied on and signed by at least
two-thirds of the registered voters of the constituency or of the interest group
referred to in clause (l) of this article, and shall be delivered to the Speaker.

(4) On receipt of the petition referred to in clause (3) of this article,
the Speaker shall, within seven days require the Electoral Commission to
conduct a public inquiry into the matters alleged in the petition and the
Electoral Commission shall expeditiously conduct the necessary inquiry and
report its findings to the Speaker.

(5)
(a)

(b)

The Speaker shall—
declare the seat vacant, if the Electoral Commission reports that
it is satisfied from the inquiry, with the genuineness of the
petition; or
declare immediately that the petition was unjustified, if the
commission reports that it is not satisfied with the genuineness of
the petition.

(6) Subject to the provisions of clauses (2), (3), (4) and (5) of this
article, Parliament shall, by law prescribe the procedure to be followed for the
recall of a member of Parliament.

85.

Emoluments of members of Parliament.

(1) A member of Parliament shall be paid such emoluments and such
gratuity and shall be provided with such facilities as may be determined by
Parliament.

(2) A member of Parliament shall not hold any office of profit or
emolument likely to compromise his or her office.

86.

Determination of questions of membership.

(1) The High Court shall have jurisdiction to hear and determine any
question whether—
(a) a person has been validly elected a member of Parliament or the
seat of a member of Parliament has become vacant; or
(b) a person has been validly elected as Speaker or Deputy Speaker
or having been so elected, has vacated that office.

(2) A person aggrieved by the determination of the High Court under
this article may appeal to the Court of Appeal.

(3)
(a)

Parliament shall, by law make provision with respect to—
the persons eligible to apply to the High Court for determination

(b)

of any question under this article; and
the circumstances and manner in which and the conditions upon
which any such application may be made.

87.

Clerk to Parliament and other staff.

There shall be a public officer designated Clerk to Parliament appointed by
the President in consultation with the Public Service Commission and such
other members of staff as may be necessary for the efficient discharge of the
functions of Parliament.

Procedure of Parliament.

88.

Quorum of Parliament.

(1) The quorum of Parliament shall be one-third of all members of
Parliament entitled to vote.

(2) The quorum prescribed by clause (1) of this article shall only be
required at a time when Parliament is voting on any question.

(3) Rules of procedure of Parliament shall prescribe the quorum of
Parliament for the conduct of business of Parliament other than for voting.

89.

Voting in Parliament.

(1) Except as otherwise prescribed by this Constitution or any law
consistent with this Constitution, any question proposed for decision of
Parliament shall be determined by a majority of votes of the members present
and voting in a manner prescribed by rules of procedure made by Parliament
under article 94 of this Constitution.

(2) The person presiding in Parliament shall have neither an original
nor a casting vote and if on any question before Parliament the votes are
equally divided, the motion shall be lost.

90.

Committees of Parliament.

(1) Parliament shall appoint standing committees and other
committees necessary for the efficient discharge of its functions.

(2) The committees of Parliament shall include sessional committees
and a committee of the whole house.

(3) Rules of procedure of Parliament shall prescribe the composition
and functions of committees of Parliament.

(4) In the exercise of their functions under this article, committees of
Parliament—
(a) may call any Minister or any person holding public office and
private individuals to submit memoranda or appear before them
to give evidence;
(b) may co-opt any member of Parliament or employ qualified
persons to assist them in the discharge of their functions;
(c) shall have the powers of the High Court for—
(i) enforcing the attendance of witnesses and examining them
on oath, affirmation or otherwise;
(ii) compelling the production of documents; and
(iii) issuing a commission or request to examine witnesses
abroad.

91.

Exercise of legislative powers.

(1) Subject to the provisions of this Constitution, the power of
Parliament to make laws shall be exercised through bills passed by
Parliament and assented to by the President.

(2) A bill passed by Parliament shall, as soon as possible, be
presented to the President for assent.

(3) The President shall, within thirty days after a bill is presented to
him or her—
(a) assent to the bill;
(b) return the bill to Parliament with a request that the bill or a
particular provision of it be reconsidered by Parliament; or
(c) notify the Speaker in writing that he or she refuses to assent to the
bill.

(4) Where a bill has been returned to Parliament under clause (3)(b)
of this article, Parliament shall reconsider it and if passed again, it shall be
presented for a second time to the President for assent.

(5) Where the President returns the same bill twice under clause
(3)(b) of this article and the bill is passed for the third time, with the support
of at least two-thirds of all members of Parliament, the Speaker shall cause
a copy of the bill to be laid before Parliament, and the bill shall become law
without the assent of the President.

(6)
(a)

(b)

Where the President—
refuses to assent to a bill under clause (3)(c) of this article,
Parliament may reconsider the bill and if passed, the bill shall be
presented to the President for assent;
refuses to assent to a bill which has been reconsidered and passed
under paragraph (a) or clause (4) of this article, the Speaker shall,
upon the refusal, if the bill was so passed with the support of at
least two-thirds of all members of Parliament, cause a copy of the
bill to be laid before Parliament, and the bill shall become law
without the assent of the President.

(7) Where the President fails to do any of the acts specified in clause
(3) of this article within the period prescribed in that clause, the President
shall be taken to have assented to the bill and at the expiration of that period,
the Speaker shall cause a copy of the bill to be laid before Parliament and the
bill shall become law without the assent of the President.

(8) A bill passed by Parliament and assented to by the President or
which has otherwise become law under this article shall be an Act of
Parliament and shall be published in the Gazette.

92.

Restriction on retrospective legislation.

Parliament shall not pass any law to alter the decision or judgment of any
court as between the parties to the decision or judgment.

93.

Restriction on financial matters.

Parliament shall not, unless the bill or the motion is introduced on behalf of
the Government—
(a) proceed upon a bill, including an amendment bill, that makes
provision for any of the following—
(i) the imposition of taxation or the alteration of taxation
otherwise than by reduction;
(ii) the imposition of a charge on the Consolidated Fund or

(b)

other public fund of Uganda or the alteration of any such
charge otherwise than by reduction;
(iii) the payment, issue or withdrawal from the Consolidated
Fund or other public fund of Uganda of any monies not
charged on that fund or any increase in the amount of that
payment, issue or withdrawal; or
(iv) the composition or remission of any debt due to the
Government of Uganda; or
proceed upon a motion, including an amendment to a motion, the
effect of which would be to make provision for any of the
purposes specified in paragraph (a) of this article.

94.

Rules of procedure in Parliament.

(1) Subject to the provisions of this Constitution, Parliament may
make rules to regulate its own procedure, including the procedure of its
committees.

(2)

(3) The presence or the participation of a person not entitled to be
present or to participate in the proceedings of Parliament shall not, by itself,
invalidate those proceedings.

(4) The rules of procedure of Parliament shall include the following
provisions—
(a) the Speaker shall determine the order of business in Parliament
and shall give priority to Government business;
(b) a member of Parliament has the right to move a private member’s
bill;
(c) the member moving the private member’s bill shall be afforded
reasonable assistance by the department of Government whose
area of operation is affected by the bill; and
(d) the office of the Attorney General shall afford the member
moving the private member’s bill professional assistance in the
drafting of the bill.

95.

Sessions of Parliament.

(1) Where a new Parliament is elected, the President shall, by
proclamation, appoint the place and a date not beyond seven days after the

Parliament may act notwithstanding a vacancy in its membership.

expiry of the term of Parliament or of the extended period, as the case may
be, for the first sitting of the new Parliament.

(2) A session of Parliament shall be held at such place within Uganda
and shall commence at such time as the Speaker may, by proclamation,
appoint.

(3) The Speaker may, after consultation with the President, prorogue
Parliament by proclamation.

(4) A session of Parliament shall be held at least once a year but the
period between one session and the next following session shall be less than
twelve months.

(5) Notwithstanding any other provision of this article, at least
one-third of all members of Parliament may, in writing signed by them,
request a meeting of Parliament; and the Speaker shall summon Parliament
to meet within twenty-one days after receipt of the request.

96.

Dissolution of Parliament.

Parliament shall stand dissolved upon the expiration of its term as prescribed
by article 77 of this Constitution.

General.

97.

Parliamentary immunities and privileges.

(1) The Speaker, the Deputy Speaker, members of Parliament and any
other person participating or assisting in or acting in connection with or
reporting the proceedings of Parliament or any of its committees shall be
entitled to such immunities and privileges as Parliament shall by law
prescribe.

(2) Notwithstanding article 41 of this Constitution, no member or
officer of Parliament and no person employed to take minutes of evidence
before Parliament or any committee of Parliament shall give evidence
elsewhere in respect of the contents of such minutes of evidence or the
contents of any document laid before Parliament or any such committee, as
the case may be, or in respect of any proceedings or examination held before
Parliament or such committee, without the special leave of Parliament first

obtained.

(3) The special leave referred to in clause (2) of this article may,
during a recess or adjournment of Parliament, be given by the Speaker or in
the absence or incapacity of the Speaker or during a dissolution of
Parliament, by the Clerk to Parliament.

Chapter Seven
The Executive.

The President.

98.

President of Uganda.

(1) There shall be a President of Uganda who shall be the Head of
State, Head of Government and Commander-in-Chief of the Uganda Peoples’
Defence Forces and the Fountain of Honour.

(2) The President shall take precedence over all persons in Uganda,
and in descending order, the Vice President, the Speaker and the Chief Justice
shall take precedence over all other persons in Uganda.

(3) Before assuming the duties of the office of President, a person
elected President shall take and subscribe the oath of allegiance and the
presidential oath specified in the Fourth Schedule to this Constitution.

(4) While holding office, the President shall not be liable to
proceedings in any court.

(5) Civil or criminal proceedings may be instituted against a person
after ceasing to be President, in respect of anything done or omitted to be
done in his or her personal capacity before or during the term of office of that
person; and any period of limitation in respect of any such proceedings shall
not be taken to run during the period while that person was President.

99.

Executive authority of Uganda.

(1) The executive authority of Uganda is vested in the President and
shall be exercised in accordance with this Constitution and the laws of
Uganda.

(2) The President shall execute and maintain this Constitution and all
laws made under or continued in force by this Constitution.

(3) It shall be the duty of the President to abide by, uphold and
safeguard this Constitution and the laws of Uganda and to promote the
welfare of the citizens and protect the territorial integrity of Uganda.

(4) Subject to the provisions of this Constitution, the functions
conferred on the President by clause (1) of this article may be exercised by
the President either directly or through officers subordinate to the President.

(5) A statutory instrument or other instrument issued by the President
or any person authorised by the President may be authenticated by the
signature of a Minister; and the validity of any instrument so authenticated
shall not be called in question on the ground that it is not made, issued or
executed by the President.

100. Notification of the absence of the President from Uganda.

The President shall, whenever leaving Uganda, notify in writing the Vice
President, the Speaker and the Chief Justice.

101. Presidential addresses.

(1) The President shall, at the beginning of each session of
Parliament, deliver to Parliament an address on the state of the nation.

(2) The President may, also, in consultation with the Speaker, address
Parliament from time to time, on any matter of national importance.

102. Qualifications of the President.

A person is not qualified for election as President unless that person is—
(a) a citizen of Uganda by birth;
(b) not less than thirty-five years and not more than seventy-five
years of age; and
(c) a person qualified to be a member of Parliament.

103. Election of the President.

(1) The election of the President shall be by universal adult suffrage
through a secret ballot.

(2)
unless—
(a)

A person shall not be a candidate in a presidential election

that person submits to the Electoral Commission on or before the
day appointed as nomination day in relation to the election, a
document which is signed by that person nominating him or her

(b)

as a candidate; and
the nomination is supported by one hundred voters in each of at
least two-thirds of all the districts in Uganda.

(3) The election of the President shall be held during the first thirty
days of the last ninety days before the expiration of the term of the President,
except in the case of—
(a) the first election under this Constitution;
(b) an election held under article 104(6) of this Constitution;
(c) an election held under article 109(2) of this Constitution; and
(d) an election necessitated by the fact that a normal presidential
election could not be held as a result of the existence of a state of
war or a state of emergency, in which case, the election shall be
held within such period as Parliament may, by law, prescribe.

(4) A candidate shall not be declared elected as President unless the
number of votes cast in favour of that candidate at the presidential election
is more than 50 percent of valid votes cast at the election.

(5) Where at a presidential election no candidate obtains the
percentage of votes specified in clause (4) of this article, a second election
shall be held within thirty days after the declaration of the results in which
election the two candidates who obtained the highest number of votes shall
be the only candidates.

(6) The candidate who obtains the highest number of votes in an
election under clause (5) of this article shall be declared elected President.

(7) The Electoral Commission shall ascertain, publish and declare in
writing under its seal, the results of the presidential election within forty-eight
hours from the close of polling.

(8) A person elected President during the term of a President shall
assume office within twenty-four hours after the expiration of the term of the
predecessor and in any other case, within twenty-four hours after being
declared elected as President.

(9) Subject to the provisions of this Constitution, Parliament shall by
law, prescribe the procedure for the election and assumption of office by a
President.

104. Challenging a presidential election.

(1) Subject to the provisions of this article, any aggrieved candidate
may petition the Supreme Court for an order that a candidate declared by the
Electoral Commission elected as President was not validly elected.

(2) A petition under clause (1) of this article shall be lodged in the
Supreme Court registry within ten days after the declaration of the election
results.

(3) The Supreme Court shall inquire into and determine the petition
expeditiously and shall declare its findings not later than thirty days from the
date the petition is filed.

(4) Where no petition is filed within the time prescribed under clause
(2) of this article, or where a petition having been filed, is dismissed by the
Supreme Court, the candidate declared elected shall conclusively be taken to
have been duly elected as President.

(5) After due inquiry under clause (3) of this article, the Supreme
Court may—
(a) dismiss the petition;
(b) declare which candidate was validly elected; or
(c) annul the election.

(6) Where an election is annulled, a fresh election shall be held within
twenty days from the date of the annulment.

(7) If after a fresh election held under clause (6) of this article there
is another petition which succeeds, then the presidential election shall be
postponed; and upon the expiry of the term of the incumbent President, the
Speaker shall perform the functions of the office of President until a new
President is elected and assumes office.

(8) For the purposes of this article, article 98(4) of this Constitution
shall not apply.

(9) Parliament shall make such laws as may be necessary for the
purposes of this article, including laws for grounds of annulment and rules of
procedure.

105. Tenure of office of a President.

(1) A person elected President under this Constitution shall, subject
to clause (3) of this article, hold office for a term of five years.

(2) A person shall not be elected under this Constitution to hold
office as President for more than two terms as prescribed by this article.

(3)
(a)
(b)

The office of President shall become vacant—
on the expiration of the period specified in this article; or
if the incumbent dies or resigns or ceases to hold office under
article 107 of this Constitution.

(4) The President may, by writing signed by him or her, and
addressed to the Chief Justice, resign from office as President.

(5) The resignation of the President shall take effect when it is
received by the Chief Justice.

(6) The Chief Justice shall, immediately upon receiving the
resignation of the President under this article, notify the Vice President, the
Speaker and the Electoral Commission of the resignation.

106. Terms and conditions of service of the President.

(1) The President shall be paid a salary and allowances and afforded
such other benefits as Parliament shall by law provide.

(2) Parliament shall, by law, make provision for the grant of benefits
for a President who ceases to hold office otherwise than by being removed
under article 107(1)(a) or (b) of this Constitution.

(3) The salary, allowances and other benefits granted to a President
under this article shall be charged on the Consolidated Fund.

(4) The President is exempted from direct personal taxation on
allowances and other benefits except on the official salary.

(5) The President shall not hold any other public office other than
those conferred by this Constitution or any office of profit or emolument
likely to compromise the office of President.

(6) The salary, allowances and other benefits granted to the President
under this article shall not be varied to the disadvantage of the President
while he or she holds office.

(7) The retirement benefits granted to a President under this article
shall not be varied to the disadvantage of the President.

107. Removal of the President.

(1) The President may be removed from office in accordance with
this article on any of the following grounds—
(a) abuse of office or wilful violation of the oath of allegiance and
the presidential oath or any provision of this Constitution;
(b) misconduct or misbehaviour—
(i) that he or she has conducted himself or herself in a manner
which brings or is likely to bring the office of President into
hatred, ridicule, contempt or disrepute; or
(ii) that he or she has dishonestly done any act or omission
which is prejudicial or inimical to the economy or security
of Uganda; or
(c) physical or mental incapacity, namely that he or she is incapable
of performing the functions of his or her office by reason of
physical or mental incapacity.

(2) For the purpose of removal of the President under clause (1)(a) or
(b) of this article, a notice in writing signed by not less than one-third of all
the members of Parliament shall be submitted to the Speaker—
(a) stating that they intend to move a motion for a resolution in
Parliament for the removal of the President on the charge that the
President has—
(i) wilfully abused his or her office or wilfully violated the
oath of allegiance and the presidential oath or any other
provision of this Constitution in terms of clause (1)(a) of
this article; or
(ii) misconducted himself or herself or misbehaved in terms of
clause (1)(b) of this article; and
(b) setting out the particulars of the charge supported by the
necessary documents on which it is claimed that the conduct of
the President be investigated for the purposes of his or her
removal.

(3) The Speaker shall, within twenty-four hours after receipt of the
notice referred to in clause (2) of this article, cause a copy to be transmitted
to the President and the Chief Justice.

(4) The Chief Justice shall, within seven days after receipt of the
notice transmitted under clause (3) of this article, constitute a tribunal
comprising three justices of the Supreme Court to investigate the allegation
in the notice and to report its findings to Parliament stating whether or not
there is a prima facie case for the removal of the President.

(5) The President is entitled to appear at the proceedings of the
tribunal and to be represented there by a lawyer or other expert or person of
his or her choice.

(6) If the tribunal determines that there is a prima facie case for the
removal of the President under clause (1)(a) or (b) of this article, then if
Parliament passes the resolution supported by the votes of not less than
two-thirds of all members of Parliament, the President shall cease to hold
office.

(7) For the purposes of the removal of the President on grounds of
physical or mental incapacity under clause (1)(c) of this article, there shall be
submitted to the Speaker a notice in writing signed by not less than one-third
of all the members of Parliament—
(a) stating that they intend to move a motion for a resolution in
Parliament for the removal of the President from office on
grounds of physical or mental incapacity; and
(b) giving particulars of the alleged incapacity.

(8) The Speaker shall, within twenty-four hours after receipt of a
notice under clause (7) of this article, cause a copy to be transmitted to the
President and the Chief Justice.

(9) The Chief Justice shall, within seven days after receipt of the
notice transmitted under clause (8) of this article and in consultation with the
professional head of the medical services in Uganda, constitute a medical
board comprising five qualified and eminent medical specialists to examine
the President in respect of the alleged incapacity and to report its findings to
Parliament.

(10) The Chief Justice shall, within twenty-four hours after
constituting the medical board, inform the President accordingly, and the
President shall submit himself or herself to the medical board for examination
within seven days.

(11) If the medical board determines that the President is by reason of
physical or mental incapacity unable to perform the functions of the office of
President, and Parliament passes the resolution for the removal of the
President supported by the votes of not less than two-thirds of all the
members of Parliament, the President shall cease to hold office.

(12) If the medical board, after the expiration of the period of seven
days referred to in clause (10) of this article, reports that the President has
failed or refused to submit to the medical board in accordance with that
clause, and Parliament passes the resolution for the removal of the President
supported by the votes of not less than two-thirds of all the members of
Parliament, the President shall cease to hold office.

(13) The motion for a resolution for the removal of the President shall
be moved in Parliament within fourteen days after the receipt by the Speaker
of the report of the tribunal or the medical board.

(14) The President is entitled to appear in person and be heard and to
be assisted or represented by a lawyer or other expert or person of his or her
choice during the proceedings of Parliament relating to the motion for a
resolution under this article.

108. Vice President.

(1)

(2) The President shall, with the approval of Parliament by a simple
majority, appoint a Vice President.

(3)
(a)
(b)

There shall be a Vice President of Uganda.

(4)

The Vice President shall—
deputise for the President as and when the need arises; and
perform such other functions as may be assigned to him or her by
the President, or as may be conferred on him or her by this
Constitution.

The qualifications prescribed for the office of President by article

102 of this Constitution shall apply to the office of Vice President.

(5)
(a)
(b)

(6) With the exception of clause (2) of that article, article 106 of this
Constitution shall, subject to this Constitution, apply to the Vice President.

(7) Where the office of Vice President becomes vacant, the President
shall, with the approval of Parliament, and as soon as possible but in any case
not later than fourteen days, appoint a person qualified to hold the office of
Vice President.

(8) The Vice President shall, before commencing to perform the
functions of Vice President, take and subscribe the oath of allegiance and the
oath of Vice President, specified in the Fourth Schedule to this Constitution.

109. Absence of the President.

(1) If the President dies, resigns or is removed from office under this
Constitution, the Vice President shall assume the office of President until
fresh elections are held and the elected President assumes office in
accordance with article 103(8) of this Constitution.

(2) Elections for the President under this article shall be held within
six months after the death, resignation or removal of the President.

(3) No elections shall be held under this article if the residual term of
the President is one year or less.

(4) Whenever the President is for any reason unable to perform the
functions of the office of President, the Vice President shall perform those
functions until the President is able again to perform those functions.

(5) Where the President and the Vice President are both unable to
perform the functions of the office of the President, the Speaker shall perform
those functions until the President or the Vice President is able to perform
those functions or until a new President assumes office.

(6)

The office of Vice President shall become vacant if—
the appointment is revoked by the President; or
the incumbent resigns or dies.

The Vice President shall, before assuming the duties of the office

of President under clause (1) of this article, appoint a person to the office of
Vice President, subject to the approval of Parliament.

(7) A person appointed under clause (6) of this article, shall, before
assuming the duties of the office of Vice President take and subscribe the
oaths in respect of that office under article 108(7) of this Constitution.

(8) Before assuming the duties of the office of President under clause
(5) of this article, the Speaker shall take and subscribe the oaths specified in
relation to that office in the Fourth Schedule to this Constitution.

(9) Whenever the Speaker assumes the office of President as a result
of the death, resignation or removal of the President and the Vice President,
or under the provisions of article 104(7) of this Constitution, a presidential
election shall be held in accordance with clause (2) of this article.

110. State of emergency.

(1) The President may, in consultation with the Cabinet, by
proclamation, declare that a state of emergency exists in Uganda, or any part
of Uganda if the President is satisfied that circumstances exist in Uganda or
in that part of Uganda—
(a) in which Uganda or that part of it is threatened by war or external
aggression;
(b) in which the security or the economic life of the country or that
part is threatened by internal insurgency or natural disaster; or
(c) which render necessary the taking of measures which are required
for securing the public safety, the defence of Uganda and the
maintenance of public order and supplies and services essential
to the life of the community.

(2) Subject to the provisions of this article, a state of emergency
declared under clause (1) of this article shall remain in existence for not more
than ninety days and shall then expire.

(3) The President shall cause the proclamation declaring the state of
emergency to be laid before Parliament for approval as soon as practicable
and in any case not later than fourteen days after it was issued.

(4) A state of emergency may be extended by Parliament for a period
not exceeding ninety days at a time.

(5) The President or Parliament shall, if satisfied that the
circumstances for the declaration of the state of emergency have ceased to
exist, revoke the proclamation by which the state of emergency was declared.

(6) During any period when a state of emergency declared under this
article exists, the President shall submit to Parliament at such intervals as
Parliament may prescribe, regular reports on actions taken by or on behalf of
the President for the purposes of the emergency.

(7) Subject to the provisions of this Constitution, Parliament shall
enact such laws as may be necessary for enabling effective measures to be
taken for dealing with any state of emergency that may be declared under this
article.

(8) Any resolution passed by Parliament for the purposes of clause (4)
or (5) of this article shall be supported by the votes of more than one-half of
all the members of Parliament.

The Cabinet.

111. The Cabinet.

(1) There shall be a Cabinet which shall consist of the President, the
Vice President and such number of Ministers as may appear to the President
to be reasonably necessary for the efficient running of the State.

(2) The functions of the Cabinet shall be to determine, formulate and
implement the policy of the Government and to perform such other functions
as may be conferred by this Constitution or any other law.

(3) There shall be a Secretary to the Cabinet who shall be appointed
by the President in consultation with the Public Service Commission.

(4) The Secretary to the Cabinet shall have charge of the Cabinet
Office and shall be responsible in accordance with such instructions as may
be given to him or her by the President, for arranging the business for and
keeping the minutes of the Cabinet and for conveying the decisions of the
Cabinet to the appropriate person or authority and shall perform such other
functions as the President may direct.

(5) The Secretary to the Cabinet shall, before assuming the duties of
his or her office, take and subscribe the oath of allegiance and the oath of
Secretary to the Cabinet specified in the Fourth Schedule to this Constitution.

112. Meetings of the Cabinet.

(1) Cabinet meetings shall be summoned and presided over by the
President and in his or her absence, by the Vice President or in the absence
of both of them, by a Minister designated in writing by the President.

(2)

113. Cabinet Ministers.

(1) Cabinet Ministers shall be appointed by the President with the
approval of Parliament from among members of Parliament or persons
qualified to be elected members of Parliament.

(2) The total number of Cabinet Ministers shall not exceed
twenty-one except with the approval of Parliament.

(3) A Cabinet Minister shall have responsibility for such functions of
Government as the President may, from time to time, assign to him or her.

(4) A Minister shall not hold any office of profit or emolument likely
to compromise his or her office.

114. Other Ministers.

(1) The President may, with the approval of Parliament, appoint other
Ministers to assist Cabinet Ministers in the performance of their functions.

(2) Subject to the provisions of this article, article 113(1) of this
Constitution shall apply to the appointment of Ministers under clause (1) of
this article.

(3) The total number of Ministers appointed under this article shall
not exceed twenty-one except with the approval of Parliament.

(4) A Minister referred to in this article shall have responsibility for
such functions of the Ministry to which he or she is appointed as the

The Cabinet shall regulate the procedure of its meetings.

President may, from time to time, assign to him or her, and in the absence of
the Cabinet Minister in his or her Ministry shall perform the functions of the
Cabinet Minister as the President directs.

(5) Article 113(4) of this Constitution applies to a Minister referred
to in clause (1) of this article.

115. Oath of Minister.

A Minister shall, before assuming the duties of office take and subscribe the
oath of allegiance and the oath of Minister specified in the Fourth Schedule
to this Constitution.

116. Vacation of office of Minister.

The office of a Minister shall become vacant—
(a) if the appointment of the holder of the office is revoked by the
President; or
(b) if the holder—
(i) resigns;
(ii) becomes disqualified to be a member of Parliament; or
(iii) dies.

117. Responsibility of Ministers.

Ministers shall individually be accountable to the President for the
administration of their Ministries and collectively be responsible for any
decision made by the Cabinet.

118. Vote of censure.

(1) Parliament may, by resolution supported by more than half of all
members of Parliament, pass a vote of censure against a Minister on any of
the following grounds—
(a) abuse of office or wilful violation of the oath of allegiance or oath
of office;
(b) misconduct or misbehaviour;
(c) physical or mental incapacity, namely, that he or she is incapable
of performing the functions of his or her office by reason of
physical or mental incapacity;
(d) mismanagement; or

(e)

(2) Upon a vote of censure being passed against a Minister, the
President shall, unless the Minister resigns his or her office, take appropriate
action in the matter.

(3) Proceedings for censure of a Minister shall be initiated by a
petition to the President through the Speaker signed by not less than one-third
of all members of Parliament giving notice that they are dissatisfied with the
conduct or performance of the Minister and intend to move a motion for a
resolution of censure and setting out particulars of the grounds in support of
the motion.

(4) The President shall, upon receipt of the petition, cause a copy of
it to be given to the Minister in question.

(5) The motion for the resolution of censure shall not be debated until
the expiry of thirty days after the petition was sent to the President.

(6) A Minister in respect of whom a vote of censure is debated under
clause (5) of this article is entitled during the debate to be heard in his or her
defence.

119. Attorney General.

(1) There shall be an Attorney General who shall be a Cabinet
Minister appointed by the President with the approval of Parliament.

(2) A person shall not be qualified to be appointed Attorney General
unless he or she is qualified to practise as an advocate of the High Court and
has so practised or gained the necessary experience for not less than ten years.

(3) The Attorney General shall be the principal legal adviser of the
Government.

(4) The functions of the Attorney General shall include the
following—
(a) to give legal advice and legal services to the Government on any
subject;
(b) to draw and peruse agreements, contracts, treaties, conventions
and documents by whatever name called, to which the

incompetence.

(c)

(d)

Government is a party or in respect of which the Government has
an interest;
to represent the Government in courts or any other legal
proceedings to which the Government is a party; and
to perform such other functions as may be assigned to him or her
by the President or by law.

(5) Subject to the provisions of this Constitution, no agreement,
contract, treaty, convention or document by whatever name called, to which
the Government is a party or in respect of which the Government has an
interest, shall be concluded without legal advice from the Attorney General,
except in such cases and subject to such conditions as Parliament may by law
prescribe.

(6) Until Parliament makes the law referred to in clause (5) of this
article, the Attorney General may, by statutory instrument, exempt any
particular category of agreement or contract none of the parties to which is
a foreign government or its agency or an international organisation from the
application of that clause.

Director of Public Prosecutions.

120. Director of Public Prosecutions.

(1) There shall be a Director of Public Prosecutions appointed by the
President on the recommendation of the Public Service Commission and with
the approval of Parliament.

(2) A person is not qualified to be appointed Director of Public
Prosecutions unless he or she is qualified to be appointed a judge of the High
Court.

(3) The functions of the Director of Public Prosecutions are the
following—
(a) to direct the police to investigate any information of a criminal
nature and to report to him or her expeditiously;
(b) to institute criminal proceedings against any person or authority
in any court with competent jurisdiction other than a court
martial;
(c) to take over and continue any criminal proceedings instituted by
any other person or authority;

(d)

to discontinue at any stage before judgment is delivered, any
criminal proceedings to which this article relates, instituted by
himself or herself or any other person or authority; except that the
Director of Public Prosecutions shall not discontinue any
proceedings commenced by another person or authority except
with the consent of the court.

(4) The functions conferred on the Director of Public Prosecutions
under clause (3) of this article—
(a) may, in the case of the functions under clause (3)(a), (b) and (c)
of this article, be exercised by him or her in person or by officers
authorised by him or her in accordance with general or specified
instructions; and
(b) shall, in the case of the functions under paragraph (d) of that
clause, be exercised by him or her exclusively.

(5) In exercising his or her powers under this article, the Director of
Public Prosecutions shall have regard to the public interest, the interest of the
administration of justice and the need to prevent abuse of legal process.

(6) In the exercise of the functions conferred on him or her by this
article, the Director of Public Prosecutions shall not be subject to the
direction or control of any person or authority.

(7) The Director of Public Prosecutions shall have the same terms and
conditions of service as those of a High Court judge.

Prerogative of mercy.

121. Prerogative of mercy.

(1) There shall be an Advisory Committee on the Prerogative of
Mercy which shall consist of—
(a) the Attorney General who shall be the chairperson; and
(b) six prominent citizens of Uganda appointed by the President.

(2) A person shall not be qualified for appointment as a member of
the committee if he or she is a member of Parliament, the Uganda Law
Society or a district council.

(3)

A member appointed under clause (1)(b) of this article shall serve

for a period of four years and shall cease to be a member of the committee—
(a) if circumstances arise that would disqualify him or her from
appointment; or
(b) if removed by the President for inability to perform the functions
of his or her office arising from infirmity of body or mind or for
misbehaviour, misconduct or incompetence.

(4)
(a)

(b)

(c)

(d)

The President may, on the advice of the committee—
grant to any person convicted of an offence a pardon either free
or subject to lawful conditions;
grant to a person a respite, either indefinite or for a specified
period, from the execution of punishment imposed on him or her
for an offence;
substitute a less severe form of punishment for a punishment
imposed on a person for an offence; or
remit the whole or part of a punishment imposed on a person or
of a penalty or forfeiture otherwise due to Government on
account of any offence.

(5) Where a person is sentenced to death for an offence, a written
report of the case from the trial judge or judges or person presiding over the
court or tribunal, together with such other information derived from the
record of the case or elsewhere as may be necessary, shall be submitted to the
Advisory Committee on the Prerogative of Mercy.

(6) A reference in this article to conviction or imposition of a
punishment, sentence or forfeiture includes conviction or imposition of a
punishment, penalty, sentence or forfeiture by a court martial or other military
tribunal except a field court martial.

International relations.

122. Diplomatic representation.

(1) The President may, with the approval of Parliament, appoint
ambassadors and heads of diplomatic missions.

(2)

The President may receive envoys accredited to Uganda.

123. Execution of treaties, conventions and agreements.

(1) The President or a person authorised by the President may make
treaties, conventions, agreements or other arrangements between Uganda and
any other country or between Uganda and any international organisation or
body, in respect of any matter.

(2) Parliament shall make laws to govern ratification of treaties,
conventions, agreements or other arrangements made under clause (1) of this
article.

Declaration of a state of war.

124. Declaration of a state of war.

(1) The President may, with the approval of Parliament, given by
resolution supported by not less than two-thirds of all the members of
Parliament, declare that a state of war exists between Uganda and any other
country.

(2) Where it is impracticable to seek the approval of Parliament
before declaration of a state of war, the President may declare a state of war
without the approval but shall seek the approval immediately after the
declaration and in any case not later than seventy-two hours after the
declaration.

(3) Where the President makes the declaration of a state of war under
clause (2) when Parliament is in recess, the Speaker shall immediately
summon Parliament to an emergency session to sit within seventy-two hours
after the declaration of a state of war.

(4) The President may, with the approval of Parliament, given by
resolution, revoke a declaration of a state of war made under clause (1) or (2)
of this article.

National Planning Authority.

125. National Planning Authority.

There shall be a National Planning Authority whose composition and
functions shall be prescribed by Parliament.

Chapter Eight
The Judiciary.

Administration of justice.

126. Exercise of judicial power.

(1) Judicial power is derived from the people and shall be exercised
by the courts established under this Constitution in the name of the people
and in conformity with law and with the values, norms and aspirations of the
people.

(2) In adjudicating cases of both a civil and criminal nature, the courts
shall, subject to the law, apply the following principles—
(a) justice shall be done to all irrespective of their social or economic
status;
(b) justice shall not be delayed;
(c) adequate compensation shall be awarded to victims of wrongs;
(d) reconciliation between parties shall be promoted; and
(e) substantive justice shall be administered without undue regard to
technicalities.

127. Participation of the people in the administration of justice.

Parliament shall make law providing for participation of the people in the
administration of justice by the courts.

128. Independence of the judiciary.

(1) In the exercise of judicial power, the courts shall be independent
and shall not be subject to the control or direction of any person or authority.

(2) No person or authority shall interfere with the courts or judicial
officers in the exercise of their judicial functions.

(3) All organs and agencies of the State shall accord to the courts
such assistance as may be required to ensure the effectiveness of the courts.

(4) A person exercising judicial power shall not be liable to any
action or suit for any act or omission by that person in the exercise of judicial
power.

(5) The administrative expenses of the judiciary, including all
salaries, allowances, gratuities and pensions payable to or in respect of
persons serving in the judiciary, shall be charged on the Consolidated Fund.

(6) The judiciary shall be self-accounting and may deal directly with
the Ministry responsible for finance in relation to its finances.

(7) The salary, allowances, privileges and retirement benefits and
other conditions of service of a judicial officer or other person exercising
judicial power shall not be varied to his or her disadvantage.

(8) The office of the Chief Justice, Deputy Chief Justice, Principal
Judge, a justice of the Supreme Court, a justice of Appeal or a judge of the
High Court shall not be abolished when there is a substantive holder of that
office.

The courts of judicature.

129. The courts of judicature.

(1) The judicial power of Uganda shall be exercised by the courts of
judicature which shall consist of—
(a) the Supreme Court of Uganda;
(b) the Court of Appeal of Uganda;
(c) the High Court of Uganda; and
(d) such subordinate courts as Parliament may by law establish,
including qadhis’ courts for marriage, divorce, inheritance of
property and guardianship, as may be prescribed by Parliament.

(2) The Supreme Court, the Court of Appeal and the High Court of
Uganda shall be superior courts of record and shall each have all the powers
of such a court.

(3) Subject to the provisions of this Constitution, Parliament may
make provision for the jurisdiction and procedure of the courts.

The Supreme Court of Uganda.

130. Supreme Court of Uganda.

The Supreme Court shall consist of—
(a) the Chief Justice; and
(b) such number of justices of the Supreme Court, not being less than
six, as Parliament may by law prescribe.

131. Composition of the Supreme Court.

(1) The Supreme Court shall be duly constituted at any sitting if it
consists of an uneven number not being less than five members of the court.

(2) When hearing appeals from decisions of the Court of Appeal
sitting as a constitutional court, the Supreme Court shall consist of a full
bench of all members of the Supreme Court; and where any of them is not
able to attend, the President shall, for that purpose, appoint an acting justice
under article 142(2) of this Constitution.

(3) The Chief Justice shall preside at each sitting of the Supreme
Court, and in the absence of the Chief Justice, the most senior member of the
court as constituted shall preside.

132. Jurisdiction of the Supreme Court.

(1)

(2) An appeal shall lie to the Supreme Court from such decisions of
the Court of Appeal as may be prescribed by law.

(3) Any party aggrieved by a decision of the Court of Appeal sitting
as a constitutional court is entitled to appeal to the Supreme Court against the
decision; and accordingly, an appeal shall lie to the Supreme Court under
clause (2) of this article.

(4) The Supreme Court may, while treating its own previous
decisions as normally binding, depart from a previous decision when it
appears to it right to do so; and all other courts shall be bound to follow the
decisions of the Supreme Court on questions of law.

The Supreme Court shall be the final court of appeal.

133. Administrative functions of the Chief Justice.

(1)
(a)

(b)

The Chief Justice—
shall be the head of the judiciary and shall be responsible for the
administration and supervision of all courts in Uganda; and
may issue orders and directions to the courts necessary for the
proper and efficient administration of justice.

(2) Where the office of the Chief Justice is vacant or where the Chief
Justice is for any reason unable to perform the functions of his or her office,
then until a person has been appointed to and has assumed the functions of
that office or until the Chief Justice has resumed the performance of those
functions, those functions shall be performed by the Deputy Chief Justice.

The Court of Appeal of Uganda.

134. Court of Appeal of Uganda.

(1)
(a)
(b)

The Court of Appeal of Uganda shall consist of—
the Deputy Chief Justice; and
such number of justices of Appeal not being less than seven as
Parliament may by law prescribe.

(2) An appeal shall lie to the Court of Appeal from such decisions of
the High Court as may be prescribed by law.

135. Composition of the Court of Appeal.

(1) The Court of Appeal shall be duly constituted at any sitting if it
consists of an uneven number not being less than three members of the court.

(2) The Deputy Chief Justice shall preside at each sitting of the court
and in the absence of the Deputy Chief Justice, the most senior member of
the court as constituted shall preside.

(3) The Chief Justice, in consultation with the Deputy Chief Justice,
may create divisions of the Court of Appeal as the Chief Justice may consider
necessary—
(a) consisting of such numbers of justices of Appeal as may be
assigned to them by the Chief Justice;
(b) sitting at such places in Uganda as the Chief Justice may, after

consultation with the Attorney General, by statutory order,
determine.

136. Administrative functions of the Deputy Chief Justice.

(1) Subject to the provisions of article 133 of this Constitution, the
Deputy Chief Justice shall—
(a) deputise for the Chief Justice as and when the need arises;
(b) be the head of the Court of Appeal and in that capacity assist the
Chief Justice in the administration of that court; and
(c) perform such other functions as may be delegated or assigned to
him or her by the Chief Justice.

Where—
the office of the Deputy Chief Justice is vacant;
the Deputy Chief Justice is acting as Chief Justice; or
the Deputy Chief Justice is for any reason unable to perform the
functions of his or her office,
then, until a person has been appointed to and has assumed the functions of
the office of the Deputy Chief Justice, those functions shall be performed by
a justice of the Supreme Court or a justice of Appeal designated by the
President, after consultation with the Chief Justice, or the acting Chief
Justice, as the case may be.

(2)
(a)
(b)
(c)

The constitutional court.

137. Questions as to the interpretation of the Constitution.

(1) Any question as to the interpretation of this Constitution shall be
determined by the Court of Appeal sitting as the constitutional court.

(2) When sitting as a constitutional court, the Court of Appeal shall
consist of a bench of five members of that court.

A person who alleges that—
an Act of Parliament or any other law or anything in or done
under the authority of any law; or
(b) any act or omission by any person or authority,
is inconsistent with or in contravention of a provision of this Constitution,
may petition the constitutional court for a declaration to that effect, and for
redress where appropriate.

(3)
(a)

(4) Where upon determination of the petition under clause (3) of this
article the constitutional court considers that there is need for redress in
addition to the declaration sought, the constitutional court may—
(a) grant an order of redress; or
(b) refer the matter to the High Court to investigate and determine the
appropriate redress.

(5) Where any question as to the interpretation of this Constitution
arises in any proceedings in a court of law other than a field court martial, the
court—
(a) may, if it is of the opinion that the question involves a substantial
question of law; and
(b) shall, if any party to the proceedings requests it to do so,
refer the question to the constitutional court for decision in accordance with
clause (1) of this article.

(6) Where any question is referred to the constitutional court under
clause (5) of this article, the constitutional court shall give its decision on the
question, and the court in which the question arises shall dispose of the case
in accordance with that decision.

(7) Upon a petition being made or a question being referred under this
article, the Court of Appeal shall proceed to hear and determine the petition
as soon as possible and may, for that purpose, suspend any other matter
pending before it.

The High Court of Uganda.

138. High Court of Uganda.

(1)
(a)
(b)

The High Court of Uganda shall consist of—
the Principal Judge; and
such number of judges of the High Court as may be prescribed by
Parliament.

(2) The High Court shall sit in such places as the Chief Justice may,
in consultation with the Principal Judge, appoint; and in so doing, the Chief
Justice shall, as far as practicable, ensure that the High Court is accessible to
all the people.

139. Jurisdiction of the High Court.

(1) The High Court shall, subject to the provisions of this
Constitution, have unlimited original jurisdiction in all matters and such
appellate and other jurisdiction as may be conferred on it by this Constitution
or other law.

(2) Subject to the provisions of this Constitution and any other law,
the decisions of any court lower than the High Court shall be appealable to
the High Court.

140. Hearing of election cases.

(1) Where any question is before the High Court for determination
under article 86(1) of this Constitution, the High Court shall proceed to hear
and determine the question expeditiously and may, for that purpose, suspend
any other matter pending before it.

(2) This article shall apply in a similar manner to the Court of Appeal
and the Supreme Court when hearing and determining appeals on questions
referred to in clause (1) of this article.

141. Administrative functions of the Principal Judge.

(1) Subject to the provisions of article 133 of this Constitution, the
Principal Judge shall—
(a) be the head of the High Court, and shall, in that capacity, assist
the Chief Justice in the administration of the High Court and
subordinate courts; and
(b) perform such other functions as may be delegated or assigned to
him or her by the Chief Justice.

Where—
the office of Principal Judge is vacant; or
the Principal Judge is for any reason unable to perform the
functions of his or her office,
then, until a person has been appointed to and has assumed the functions of
that office, or until the Principal Judge has resumed those functions, those
functions shall be performed by a judge of the High Court designated by the
President after consultation with the Chief Justice.

(2)
(a)
(b)

Appointments, qualifications and tenure of office of judicial officers.

142. Appointment of judicial officers.

(1) The Chief Justice, the Deputy Chief Justice, the Principal Judge,
a justice of the Supreme Court, a justice of Appeal and a judge of the High
Court shall be appointed by the President acting on the advice of the Judicial
Service Commission and with the approval of Parliament.

Where—
the office of a justice of the Supreme Court or a justice of Appeal
or a judge of the High Court is vacant;
(b) a justice of the Supreme Court or a justice of Appeal or a judge
of the High Court is for any reason unable to perform the
functions of his or her office; or
(c) the Chief Justice advises the Judicial Service Commission that
the state of business in the Supreme Court, Court of Appeal or the
High Court so requires,
the President may, acting on the advice of the Judicial Service Commission,
appoint a person qualified for appointment as a justice of the Supreme Court
or a Justice of Appeal or a judge of the High Court to act as such a justice or
judge even though that person has attained the age prescribed for retirement
in respect of that office.

(2)
(a)

(3) A person appointed under clause (2) of this article to act as a
justice of the Supreme Court, a justice of Appeal or a judge of the High Court
shall continue to act for the period of the appointment or, if no period is
specified, until the appointment is revoked by the President acting on the
advice of the Judicial Service Commission, whichever is the earlier.

143. Qualifications for appointment of judicial officers.

(1)
(a)

(b)

A person shall be qualified for appointment as—
Chief Justice, if he or she has served as a justice of the Supreme
Court of Uganda or of a court having similar jurisdiction or has
practised as an advocate for a period not less than twenty years
before a court having unlimited jurisdiction in civil and criminal
matters;
Deputy Chief Justice or Principal Judge, if he or she has served
as a justice of the Supreme Court or as a justice of Appeal or as
a judge of the High Court or a court of similar jurisdiction to such

(c)

(d)

(e)

a court or has practised as an advocate for a period not less than
fifteen years before a court having unlimited jurisdiction in civil
and criminal matters;
a justice of the Supreme Court if he or she has served as a justice
of Appeal or a judge of the High Court or a court of similar
jurisdiction to such a court or has practised as an advocate for a
period not less than fifteen years before a court having unlimited
jurisdiction in civil and criminal matters;
a justice of Appeal, if he or she has served as a judge of the High
Court or a court having similar or higher jurisdiction or has
practised as an advocate for a period not less than ten years before
a court having unlimited jurisdiction in civil and criminal matters
or is a distinguished jurist and an advocate of not less than ten
years’ standing;
a judge of the High Court, if he or she is or has been a judge of a
court having unlimited jurisdiction in civil and criminal matters
or a court having jurisdiction in appeals from any such court or
has practised as an advocate for a period not less than ten years
before a court having unlimited jurisdiction in civil and criminal
matters.

(2) Any period during which a person has practised as a public officer
holding an office for which qualification as an advocate is required shall be
counted in the calculation of any period of practice required under clause (1)
of this article even though that person does not have a practising certificate.

144. Tenure of office of judicial officers.

(1) A judicial officer may retire at any time after attaining the age of
sixty years, and shall vacate his or her office—
(a) in the case of the Chief Justice, the Deputy Chief Justice, a justice
of the Supreme Court and a justice of Appeal, on attaining the age
of seventy years; and
(b) in the case of the Principal Judge and a judge of the High Court,
on attaining the age of sixty-five years; or
(c) in each case, subject to article 128(7) this Constitution, on
attaining such other age as may be prescribed by Parliament by
law;
but a judicial officer may continue in office after attaining the age at which
he or she is required by this clause to vacate office, for a period not exceeding
three months necessary to enable him or her to complete any work pending

before him or her.

A judicial officer may be removed from office only for—
inability to perform the functions of his or her office arising from
infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence,
but only in accordance with the provisions of this article.

(2)
(a)

(3) The President shall remove a judicial officer if the question of his
or her removal has been referred to a tribunal appointed under clause (4) of
this article and the tribunal has recommended to the President that he or she
ought to be removed from office on any ground described in clause (2) of this
article.

(4) The question whether the removal of a judicial officer should be
investigated shall be referred to the President by either the Judicial Service
Commission or the Cabinet with advice that the President should appoint a
tribunal; and the President shall then appoint a tribunal consisting of—
(a) in the case of the Chief Justice, the Deputy Chief Justice or the
Principal Judge, five persons who are or have been justices of the
Supreme Court or are or have been judges of a court having
similar jurisdiction or who are advocates of at least twenty years’
standing;
(b) in the case of a justice of the Supreme Court or a justice of
Appeal, three persons who are or have been justices of the
Supreme Court or who are or have been judges of a court of
similar jurisdiction or who are advocates of at least fifteen years’
standing; or
(c) in the case of a judge of the High Court, three persons who are or
have held office as judges of a court having unlimited jurisdiction
in civil and criminal matters or a court having jurisdiction in
appeals from such a court or who are advocates of at least ten
years’ standing.

(5) If the question of removing a judicial officer is referred to a
tribunal under this article, the President shall suspend the judicial officer
from performing the functions of his or her office.

(6) A suspension under clause (5) of this article shall cease to have
effect if the tribunal advises the President that the judicial officer suspended

Pays: 
Date du document: 
Friday, March 22, 2013 - 17:45