Extracts From

THE CONSTITUTION OF UGANDA, 1962.

Outline

Chapter I: Uganda And Its Territories

Chapter IV: The President Of Uganda

Chapter VII: Legislative And Executive Powers

Chapter IX: The Judicature

Chapter X: Finance

Chapter XII: Public Land

Schedule 1: The Constitution of the Kingdom of Buganda

Schedule 7: The Legislative Lists in respect of the Kingdom of Buganda

Schedule 9: Financial Relations Between the Government of Uganda and the Kabaka's Government


CHAPTER I.

UGANDA AND ITS TERRITORIES.

1. This Constitution is the supreme law of Uganda and, subject to the provisions of sections 5 and 6 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

2. (1) Uganda consists of Federal States, Districts and the territory of Mbale.

(2) The Federal States are the Kingdom of Buganda, the Kingdom of Ankole, the Kingdom of Bunyoro, the Kingdom of Toro and the territory of Busoga.

(3) The Districts are the Districts of Acholi, Bugisu, Bukedi, Karamoja, Kigezi, Lango, Madi, Sebei, Teso and West Nile.

*3. (This section came into effect on lst January, 1965.)

(1) Subject to the provisions of subsection (2) and (3) of this section, each of the territories mentioned in section 2 of this Constitution shall comprise those parts of the former Protectorate of Uganda that on the 8th day of October 1962, were comprised in that territory.

(2) The territory of the Kingdom of Buganda shall comprise those counties of the Kingdom of Buganda that on the 8th day of October 1962, were comprised in that territory, excluding the county of Buyaga and the county of Bugangazzi.

(3) The territory of the Kingdom of Bunyoro shall comprise the counties of the Kingdom of Bunyoro which on the 8th day of October 1962, were comprised in that Kingdom, with the addition of the county of Buyaga and the county of Bugangazzi.

(4) The boundaries of the county of Buyaga, as now forming part of the Kingdom of Bunyoro, shall be those of the county of Buyaga when this county formed part of the Kingdom of Buganda on the 8th day of October 1962.

(5) The boundaries of the county of Bugangazzi, as now forming part of the Kingdom of Bunyoro, shall be those of the county of Bugangazzi, when that county formed part of the Kingdom of Buganda on the 8th day of October 1962.

(6) For the avoidance of doubts, it is hereby declared that the boundaries of the Kingdom of Buganda and of the Kingdom of Bunyoro shall be respectively as set out in Part I and Part II of Schedule 11 to this Constitution.

4. (1) The Constitution of Buganda set out in Schedule 1 to this Constitution shall have effect in the Kingdom of Buganda.

(2) The provisions set out in Schedule 2 to this Constitution shall have effect in the Kingdom of Ankole.

(3) The provisions set out in Schedule 3 to this Constitution shall have effect in the Kingdom of Bunyoro.

(4) The provisions set out in Schedule 4 to this Constitution shall have effect in the Kingdom of Toro.

(5) The provisions set out in Schedule 5 to this Constitution shall have effect in the territory of Busoga.

5. (1) Subject to the provisions of this section, Parliament may alter any of the provisions of this Constitution (other than the provisions set out in Schedule 1, 2, 3, 4 or 5 to this Constitution) and (in so far as it forms part of the law of Uganda) any of the provisions of the Uganda Independence Act, 1962(8,).

(2) A bill for an Act of Parliament under this section (other than an Act excepted from the provisions of this subsection) shall not be passed in the National Assembly unless it has been supported on second and third readings by the votes of not less than two-thirds of all the members of the Assembly.

(3) An Act of Parliament, so far as it makes an alteration to the provisions of section 3 of this Constitution by the transfer of any part of Uganda from a Federal State or a District to another territory of Uganda, shall not come into operation unless the Legislative Assembly or the Council, as the case may be, of the State or District from which the part of Uganda is transferred and the Legislative Assembly of the State or District to which the part of Uganda is transferred have each, by resolution passed by not less than two-thirds of all the voting members of the Assembly, signified their consent that the Act of Parliament should. have effect.

(4) An Act of Parliament, so far as it makes an alteration to any of the provisions of. section 2 (2), 4 (1), 6 (1), Chapter III, section 43, 74, 77 (2), 78 (2), 78 (3), 79, 80, 81, 87, 94, 95, % (1), 107, 109, 118, 119, 121, 123, 124, 125, 126 (2)., or 131 (4) of this Constitution, Schedule 6 or 7 to this Constitution or this subsection and has effect in relation to the Kingdom of Buganda, shall not come into operation in the Kingdom of Buganda unless the Legislative Assembly of Buganda has by resolution passed by not less than two-thirds of all its members, signified its consent that the Act of Parliament should have effect.

(5) An Act of Parliament, so far as it makes an alteration to any of the provisions of section 2 (2), 4, 6 (2), Chapter III, section 75, 77 (3), 78 (2), 79, 80 (2), 81, 84 (4), 90 (5),, 91 (7), 9S, 96 (1), 108, 109, 118, 123, 124, 125 or 127 of this Constitution, Schedule 8 to this Constitution or this subsection and has effect in relation to a Federal State (other than the Kingdom of Buganda), shall not come into operation in that State unless the Legislative Assembly of the State has, by resolution passed by not less than two-thirds of all its voting members, signified its consent that the Act of Parliament should have effect.

(6.) An Act of Parliament for the repeal of section 38 (1) (b) of this Constitution shall be excepted from the provisions of subsection (2) of this section.

(7), In this section references to any of the provisions of this Constitution or the Uganda Independence Act, 1962, include references to any law, or any instrument made tinder a law, that amends, modifies, re-enacts with or without amendment or modification or makes different provision in lieu of, that provision.

6. (1) The Legislature of the Kingdom of Buganda may alter any of the provisions of the Constitution of Buganda set out in Schedule I to this Constitution:

Provided that

(a) a bill f6r a law to be enacted by that Legislature for that purpose shall not be passed in the Legislative Assembly of the Kingdom unless it has been supported on the final vote thereon by the votes of not less than two-thirds of all the members of the Assembly;

(b) any such law, so far as it alters the provisions of article 20, 21, 22, 23, 24, 25, 32, 33, 34, or 39 of the Constitution of Buganda, shall not come into -operation unless the President has, by 'Proclamation published in the Gazette, signified his consent to its having effect.

(2) The Legislature of a Federal State (other than the Kingdom of Buganda) may alter any of the provisions of the Schedule mentioned in section 4 of this Constitution that has effect in that State:

Provided that

(a) a bill for a law to be enacted by that Legislature for that purpose shall not be passed in the Legislative Assembly of the State unless it has been supported on the final vote thereon by not less than two-thirds of all the voting members of the Legislative Assembly;

(b) any such law, so far as it alters any of the provisions set out in Part II of that Schedule, shall not come into operation unless the National Assembly, by resolution passed by not less than two-thirds of all its members, has signified Its consent that the law should have effect.

(3) The Legislature of a Federal State (other than the Kingdom of Buganda) may make provision for the holding of a referendum in the State (at which the persons entitled to vote are the persons entitled to vote in any constituency established in the State under section 46 of this Constitution) upon any proposals, being proposals contained in a bill introduced into the Legislative Assembly of the State, for altering any of the provisions set out in Part I of the Schedule mentioned in section 4 of this Constitution that has effect in the State.

(4) In this section references to any of the provisions of the Constitution of Buganda or any of the provisions of Schedule 2, 3, 4 or 5 to this Constitution include references to any law, or instrument made under a law, that amends, modifies, re-enacts with or without amendment or modification or makes different provision in lieu of, that provision.

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CHAPTER IV.

THE PRESIDENT OF UGANDA.

34. (1) There shall be a Supreme Head and Commander in Chief of Uganda who shall be known as the President of Uganda and who is referred to in this Constitution as the President.

(2) The President shall, subject to the provisions of section 123 of this Constitution, take precedence over all persons in Uganda and shall not be liable to any proceedings whatsoever in any court.

(3) The President shall be exempt from direct personal taxation and no property held by him in his personal capacity shall be compulsorily acquired or compulsorily taken possession of.

(4) The President shall receive such salary and allowances, and on retirement such pension, gratuity or other allowance, as may be prescribed by Parliament.

(5) The salary and allowances payable to the President and any pension, gratuity or other allowance payable to him on retirement shall be a charge on the Consolidated Fund.

(6) Before assuming office the President shall take and subscribe the oath of allegiance and such other oath (if any) as Parliament may prescribe.

35. (1) There shall be a Vice President of Uganda (referred to in this Constitution as the Vice President) who shall perform the functions and have the privileges of the President (luring any period when

(a) the President is absent from Uganda or is for any reason unable to perform the functions of his office; or

(b) the office' of the President is vacant.

(2) The Vice President shall receive such salary and allowances, and on retirement such pension, gratuity or other allowances, as may be prescribed by Parliament.

(3) The salary and allowances payable to the Vice President and any pension, gratuity or other allowance payable to him on retirement shall be a charge on the Consolidated Fund.

(4) During any period when the Vice President is required by subsection (1) of this section to perform the functions of the President and either

(a) the Vice President is unable to do so by reason of absence from Uganda or for any other cause; or

(b) the office of the Vice President is vacant,

those functions shall be performed by the Chief Justice.

(5) A person required by this section to perform the functions of the President shall before commencing to perform those functions take and subscribe the oath of allegiance and such other oath (if any) as Parliament may prescribe.

36. (1) Subject to the provisions of this section, the President and the Vice President shall be elected in accordance with such procedure as may be prescribed by Parliament from among the Rulers of the Federal States and the constitutional heads of the Districts by the members of the National Assembly for a term of five years.

(2) the term of office for which the Vice President is elected under subsection (1) of this section shall be deemed to expire at the same time as the term of office for which the President is elected under that subsection expires.

(3) The President or the Vice President may at any time be removed from office by a resolution of the National Assembly which is moved either

(a) by the Prime Minister; or

(b) by a member of the Assembly other than the Prime Minister who satisfies the Speaker that not less than one-half of all the members of the Assembly have signified in writing an intention to vote in support of the resolution,

and which is supported by the votes of not less than two-thirds of all the members of the Assembly.

(4) Where a vacancy occurs in the office of the President or the Vice President otherwise than by reason of the expiry of the term for which the holder of the office was elected, the person elected to fill the vacancy shall hold office for the remainder of that term, and not for a term of five years.

(5) The President or the Vice President may at any time resign his office by writing under his hand and addressed to the Prime Minister.

(6) A person who has vacated the office of the President or the Vice President may be elected or re-elected to either of those officers, if qualified, in accordance with the provisions of this Constitution.

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CHAPTER VII.

LEGISLATIVE AND EXECUTIVE POWERS.

PART 1.

Legislative Powers.

73. Parliament shall have power to make laws for the peace, order and good government of Uganda (other than the Federal States) with respect to any matter.

74. (1) The Legislature of the Kingdom of Buganda shall have power, to the exclusion of Parliament, to make laws for the peace, order and good government of the Kingdom of Buganda with respect to the matters specified in Part I of Schedule 7 to this Constitution.

(2).Parliament shall have power, to the exclusion of the Legislature of the Kingdom of Buganda, to make laws for the peace, order and good government of the Kingdom of Buganda with respect to the matters specified in Part 11 of Schedule 7 to this Constitution.

(3) Parliament and the Legislature of the Kingdom of Buganda shall both have power to make laws for the peace, order and good government of the Kingdom of Buganda with respect to matters other than the matters specified in Schedule 7 to this Constitution.

(4) A law of the Legislature of the Kingdom of Buganda shall not apply to any person who is not an African any provision of the law or custom applicable to members of any African tribe with respect to inheritance, marriage, divorce, religion or the personal obligations attaching to a member of an African tribe as such.

(5)

(a) An Act of Parliament, so far as it makes any provision to which this subsection applies, shall not come into operation unless the Legislative Assembly of the Kingdom of Buganda has, by resolution, signified its consent that the Act of Parliament should have effect.

(b) This subsection applies to

(i) any provision for altering or replacing the Buganda Courts Ordinance;

(ii) any provision for altering or replacing the Public Lands Ordinance 1962, (b) so far as that Ordinance has effect in relation to the Kingdom of Buganda, or for .altering or replacing any other law with respect to the tenure of land vested in the Land Board of the Kingdom of Buganda;

(iii) any provision for altering or replacing the system of mailo land tenure in the Kingdom of Buganda as in force immediately before 9th October 1962; or

(iv) any provision with respect to local government in the Kingdom of Buganda (other than local government in Kampala or any town to which section 126 of this Constitution applies).

75. (1) The Legislature of a Federal State (other than the Kingdom of Buganda) shall have power, to the exclusion of parliament, to make laws for the peace, order and good government of the State with respect to the matters specified in Schedule 8 to this Constitution.

(2) Parliament shall have power, to the exclusion of the Legislature of the State, to make laws for the peace, order and good government of a Federal State (other than the Kingdom of Buganda) with respect to any matter other than the matters specified in Schedule 8 to this Constitution.

(3) Parliament may confer upon the Legislature of a Federal State (other than the Kingdom of Buganda) authority to make laws for that State with respect to any matter, other than a matter specified in Part II of Schedule 7 or in Schedule 8 to this Constitution, and any such authority may be general or may be conferred for such period or subject to such restrictions as Parliament may specify and may be revoked by Parliament at any time.

(4) A law of the Legislature of a Federal State (other than the Kingdom of Buganda) shall not apply to any person who is not an African any provision of the law or custom applicable to members of any African tribe with respect to inheritance, marriage, divorce, religion or the personal obligations attaching to a member of an African tribe as such.

76. If any law enacted by the Legislature of a Federal State is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the law of the Federal State shall to the extent of the inconsistency be void.

PART 2.

Executive Powers.

77. (1) The executive authority of Uganda shall extend to the maintenance and execution of this Constitution (other than Schedules 1, 2, 3, 4 and 5 to the Constitution) and to all matters with respect to which Parliament has for the time being power to make laws.

(2) The executive authority of the Kingdom of Buganda shall extend to the maintenance and execution of the Constitution of Buganda, to the maintenance of public order and public safety in the Kingdom and to all matters with respect to which the Legislature of the Kingdom has for the time being power to make laws.

(3) The executive authority of a Federal State (other than the Kingdom of Buganda) shall extend to the maintenance and execution of the provisions mentioned in section 4 of this Constitution that have effect in the State and to all matters with respect to which the Legislature of the State may for the time being make laws.

1(4) The executive authority of every Federal State shall be so exercised as

(a) not to impede or prejudice the exercise of the executive authority of Uganda;

(b) to ensure compliance with any Act of Parliament applying to that State.

78. (1) Subject to the provisions of this section

(a) the President may entrust, either conditionally or unconditionally, to any officer or authority of a Federal State, functions in relation to any matter to which the executive authority of Uganda extends falling to be performed in the State;

(b) Parliament may make provision conferring powers or imposing duties, or authorising the conferring of powers or the imposition of duties, upon any officer or authority of a Federal State.

(2), Powers or duties shall not be conferred upon an officer or authority of a Federal State for the purpose of the administration by that State of a service unless there are in force arrangements with respect to that service made under section 79 of this Constitution.

(3) Except in the case of powers or duties conferred or imposed for the purposes of the administration of a service in respect of which there are in force arrangements made under section 79 of this Constitution, the President shall not entrust any function to any officer or authority of the Kabaka's Government under this section without the consent of that Government and any provision of an Act of Parliament conferring powers or imposing duties on an officer or authority of the Kabaka's Government shall not have effect unless that Government consents to its having effect.

79. (1) The Government of Uganda may enter into arrangements with the Government of a Federal State for the administration by the State of services in the State for the purpose of any matter within the executive authority of Uganda.

(2) Where arrangements are entered into with a Federal State under this section with respect to any service, that service shall be administered by that State, in such manner as i~ prescribed by any law for the time being in force, until those arrangements expire or are superseded by further arrangements or are terminated by the Government of Uganda under subsection (3) of this section.

(3) The Government of Uganda may terminate arrangements for the administration of any service entered into under this section with a Federal State (other than the Kingdom of Buganda) if a Commission appointed under the provisions of the Commissions of Inquiry Ordinance or any law amending or replacing that Ordinance, has inquired into the administration of the service and has found that it is not being conducted in an efficient manner or not being conducted in the manner prescribed by law.

80. (1) There shall be a police force for Uganda, Mitch shall be styled the Uganda Police Force.

(2) There shall be a police force for each Federal State and such other police forces in Uganda as Parliament may prescribe.

(31 Subject to the provisions of this Constitution, every police force in Uganda shall be organised and administered in such manner as Parliament may prescribe.

(4) The following provisions shall apply to the police force established by this section for the Kingdom of Buganda

(a) the force shall be styled the Kabaka's Police Force;

(b) where any power or duty is conferred or imposed by an Act of Parliament having effect in the Kingdom of Buganda upon the members of the Uganda Police Force of any rank, the members of the Kabaka's Police Force of corresponding rank shall, by virtue of this Constitution, have that power or be subject to that duty;

(c) if, not later than 9th October 1963, the Government of Uganda and the Kabaka's Government have entered into an agreement with regard to the strength of the Kabaka's Police Force, the composition of the force shall be such that the number of members of the force in each rank shall not be less than the number provided in that agreement.

81. (1) The Uganda Police Force shall be under the command of an Inspector-General of Police, whose office shall be a public office .

(2) The Inspector-General of Police shall have power to give directions with respect to the use and operational control of any police force in Uganda not under his command and the officer in command of any such force shall comply with those directions or cause them to be complied wilh.

(3) The Prime Minister or such other Minister as may be authorised in that behalf by the prime Minister may give to the Inspector-General of Police such general directions of policy with respect to the maintaining and securing of public safety and public order as he may consider necessary and the Inspector-General shall comply with those directions or cause them to be complied with.

(4) Except as provided in subsection (3) of this section, the Inspector-General shall not be subject to the direction or control of any person or authority in the exercise of the powers conferred upon him by this section.

(5) The question whether any, and if so, what directions have been given under subsection (2), or (3) of this section shall not be enquired into in any court.

82. (1) There shall be a Director of Public Prosecutions, whose office shill be a public office.

(2) The Director of Public Prosecutions shall have power in any case in which lie considers it desirable so to do

(a) to institute and undertake criminal proceedings ,against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(3) The powers of the Director of public Prosecutions under subsection (2) of this section may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.

(4), The powers conferred on the Director of Public

prosecutions by paragraphs (b) and (c) of subsection (2) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved (including any question referred under section 95 of this Constitution) for the purpose of any such proceedings, to any other court in Uganda or the court of appeal or to the Judicial Committee of Her Majesty's Privy Council shall be (1cetned to be part of those proceedings:

Provided that the power conferred on the Director of Public Prosecutions by paragraph (c) of subsection (2) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

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

83. Subject to the provisions of this Constitution and of any Act of Parliament, the President acting oil the advice of the Prime Minister may constitute offices for Uganda, make appointments to any such office and terminate any such appointment.

84. (1) The President may

(a) grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed oil any person for any offence; or

(d) remit the whole or part of -my punishment imposed on any person for an offence or of any penalty or forfeiture otherwise due to the Government of Uganda on account of any offence.

(2) Subject to the provisions of subsection (3) of this section, the powers of the President under subsection (1) of this section shall be exercised by him acting in accordance with the advice of such Minister as may be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister.

(3) In relation to persons convicted by courts-martial, the President; acting in accordance with the advice of the Prime Minister, may designate a Minister other than the Minister designated under subsection (2) of this section, and (it any time when there is another Minister so designated the powers of the President under subsection (1) of this section shall, in relation to such person, be exercised in accordance with the advice of that other Minister.

(4) Where any power conferred on the President by this section is exercised in respect of any punishment imposed upon any person by a court when it is administering justice in the name of the Ruler of the Kingdom of Ankole, the Kingdoin of Bunyoro, the Kingdom of Toro or the territory of Busoga in accordance with the provisions of this Constitution or any Act of Parliament, it shall be exercised in the name of the Ruler.

85. (1) There shall be an advisory Committee on the Prerogative of Mercy which shall consist of

(a) the Minister for the time being designated under section 84 (2), of this Constitution, who shall be Chairman;

(b) the Attorney-General of Uganda; and

(c) not less than five nor more than seven other members appointed by the President, acting in accordance with the advice of the Prime Minister.

(2) A person shall not be qualified for appointment by the President as a member of the Advisory Committee if he is a member of the National Assembly, a member of the Legislative Assembly of a Federal State or a member of a Council of a District. -

(3) A member of the Advisory Committee appointed by the President shall hold office for three years:

Provided that his seat on the Committee shall become vacant

(a) if any circumstances arise that, if he were not a member of the Committee, would cause him to be disqualified for appointment as such; or

(b) if he is removed from office by the President, acting in accordance with the advice of the Prime Minister, for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.

86. (1) Where any person has been sentenced to death (otherwise than by a court-martial) for any offence, the Minister for the time being designated under section 84 (2) of this Constitution shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee; and after obtaining the advice of the Committee lie shall decide in his own deliberate judgment whether to -advise the President to exercise any of his powers under section 84 (1) of this Constitution.

(2) The Minister for the time being designated tinder section 84 (2) of this Constitution may consult with the Advisory Committee- before tendering any advice to the President under that subsection but the Minister shall not be obliged to act in accordance with the advice of the Committee.

(3) The Advisory Committee may regulate its own procedure.

87. The Kabaka may, in relation to any person who is serving a sentence of imprisonment imposed on him by any court of Buganda established by or under the Buganda Courts Ordinance, or any law amending or replacing that Ordinance, or substituted by competent authority for some other sentence imposed on him by such a court

(a) substitute a less severe form of punishment for that sentence of imprisonment; or

(b) remit the whole or any part of. that sentence, in such cases and subject to such conditions as may be prescribed by the President.

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CHAPTER IX.

THE JUDICATURE.

PART 1.

The High Courts of Uganda and Buganda.

90. (1) There shall be a High Court for Uganda, which shall have such jurisdiction throughout Uganda as may be conferred on it by this Constitution or any other law.

(2) The judges of the High Court of Uganda shall be the Chief Justice and such number of other judges, not being less than six (hereinafter referred to as "the puisne judges") as may be prescribed by Parliament:

Provided that the office of a puisne judge shall not be abolished while there is a substantive holder thereof.

(3) The High Court of Uganda shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(4) The High Court of Uganda shall sit in such places as the Chief justice may appoint.

(5) When sitting in the Kingdom of Ankole, the Kingdom of Bunyoro, the Kingdom of Toro or the territory of Busoga, the High Court shall administer justice in the name of the Ruler of that Kingdom or Territory.

91. (1) The Chief Justice shall be appointed by the President, acting in accordance with the advice of the Prime Minister.

(2) The puisne judges shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(3) (a) A person shall not be qualified for appointment as a judge of the High Court of Uganda unless

(i) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from any such court; or

(ii) he is entitled to practise as an advocate in such a court and has been entitled for, not less than seven years to practise as an advocate in such a court.

(b) For the purposes of this subsection, a person shall be regarded as entitled to practise as an advocate if he has been called, enrolled or otherwise admitted as such (and has not subsequently been disbarred or removed from the roll of advocates) notwithstanding that

(i) he holds or acts in any office the holder of which is, by reason of his office, precluded from practising in a court; or

(ii) he does not hold a practising certificate or has not satisfied any other like condition upon which he is permitted to practise.

(4) If the office of Chief Justice is vacant or if the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those function-, shall be performed by such one of the puisne judges as may be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister.

(5) If the office of any puisne judge is vacant or if any such judge is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the President that the state of business in the High Court of Uganda so requires, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a judge of the High Court of Uganda to act as a puisne judge of that Court:

Provided that a person may act as a judge notwithstanding that he has attained the age prescribed for the purposes of section 92 (1) of this Constitution.

(6) Any person appointed under subsection (5) of this section to act as a puisne judge shall continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission :

Provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a puisne judge for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.

(7) Whenever, after 9th October 1962, any person is appointed to hold the office of Chief Justice or of judge of the High Court of Uganda, the instrument appointing that person to that office shall state that the Rulers of the Kingdom of Ankole, the Kingdom of Bunyoro and the Kingdom of Toro have each, by virtue of the provisions of this subsection, appointed that person to administer justice in the Kingdom in the name of the Ruler.

(8), Where a court of appeal is established under section 96 (2) (a) of this Constitution, the Prime Minister shall, before tendering advice for the purposes of subsection (1) of this section, consult the President of that court.

92. (1) Subject to the. provisions of this section, a person holding the office of a judge of the High Court of Uganda shall vacate that office on attaining the age of sixty-two years or such other age as may be prescribed by Parliament.

(2) Notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office, a person holding the office of a judge of the High Court of Uganda may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

(3) A judge of the High Court of Uganda may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

(4) A judge of the High Court of Uganda shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under subsection (5) of this section and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(5) If the Prime Minister represents to the President that the question of removing a judge under this section ought to be investigated, then

(a) the President, acting in accordance with the advice of the Prime Minister, shall appoint a tribunal, which shall consist of a chairman and not less than two other members, being persons who hold or have field office as a judge of a court having unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth or in the Republic of Ireland or a court having jurisdiction in appeals from such a court; and

(b) that tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether the judge ought to be removed under this section.

(6) If the question of removing a judge under this section has been referred to a tribunal under this section, the President acting in accordance with the advice of the Prime Minister may suspend the judge from performing the functions of his office and any such suspension may at any time be revoked by the President acting in accordance with the advice of the Prime Minister, and shall in any case cease to have effect if the tribunal recommends to the President that the judge should not be removed.

(7) The provisions of this section shall be without prejudice to the provisions of section 91 (6) of this Constitution.

93. A judge of the High Court of Uganda shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

94. (1) There shall be a High Court for Buganda which shall have within Buganda the same jurisdiction as the High Court of Uganda has within Buganda under this Constitution or any other law:

Provided that the High Court of Buganda shall not have jurisdiction to determine any application or question falling to be determined by the High Court of Uganda under section 32, 49, 55 or 95 of this Constitution.

(2) (a) The Chief justice and the other judges of the High Court of Uganda shall. be the judges of the High Court of Buganda.

(b) Whenever, after 9th October 1962, any person is appointed to hold the office of Chief Justice or of judge of the High Court of Uganda, the instrument appointing that person to that office shall state that the Kabaka has, by virtue of the provisions of this section, appointed him to be a judge of the High Court of Buganda.

(3) The High Court of Buganda shall, in relation to the matters in respect of which it has jurisdiction, have the same powers as has the High Court of Uganda and shall observe the same practice and procedure as that High Court including the practice and procedure of that High Court with respect to use of the official language and the persons entitled to practise before that High Court.

(4) The Chief Justice may by rules of court make provision for the assignment of causes or matters in respect of which the High Court of Uganda and the High Court of Buganda have jurisdiction to one or other of those courts and for the transfer of any cause or matter from the High Court of Buganda to the High Court of Uganda or from the High Court of Uganda to the High Court of Buganda.

(5) The High Court of Buganda shall administer justice in the name of the Kabaka.

95. (1) Where any question as to the interpretation of this Constitution arises in any proceedings in any court of law in Uganda (other than the High Court of Uganda or the court of appeal or a court-martial) and the court is of opinion that the question involves a substantial question of law the court may, and shall if any party to the proceedings so requests, refer the question to the High Court of Uganda.

(2) Where any question is referred to the High Court of Uganda in pursuance of this section the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.

PART 2.

Appeals.

96. (1) An appeal shall lie as of right direct to Her Majesty in Council from final decisions of the High Court of Uganda on any question as to the interpretation of this Constitution:

Provided that if a court of appeal is established under subsection (2) of this section an appeal shall lie as of right

(a) to the court of appeal from final decisions of the High Court of Uganda on the interpretation of the provisions of Chapter III of this Constitution;

(b) to Her Majesty in Council from final decisions of the court of appeal in any such appeal.

(2) Parliament may make provision

(a) for the establishment of a court of appeal;

(b) for appeals to lie from decisions of the High Court of Uganda or the High Court of Buganda to the court of appeal in cases other than those mentioned in subsection (1) of this section; and

(c) for appeals in cases mentioned in paragraph (b) of this subsection to lie from the court of appeal to Her Majesty in Council.

(3) The provisions of this section shall be subject to the provisions of section 49 (3) of this Constitution.

PART 3.

Judicial Service Commission.

97. (1) There shall be a Judicial Service Commission for Uganda which shall consist of

(a) the Chief Justice, who shall be Chairman;

(b) a Minister designated by the Prime Minister or, if no Minister is so designated, the Attorney-General of Uganda;

(c) such puisne judge as may for the time being be designated in that behalf by the President, acting in accordance with the advice of the Prime Minister; and

(d) one other member who shall be appointed by the President, acting in accordance with the advice of the Prime Minister.

2) The following provisions shall apply in relation to a member of the judicial Service Commission appointed by the President

(a) a person shall not be qualified for appointment as such unless he has the qualifications prescribed in section 91 (3) of this Constitution;

(b) subject to the provisions of this subsection, a person appointed as such shall vacate his office at the expiration of four years from the date of his appointment; and

(c) a person appointed as such may be removed from office by the President, acting in accordance with the advice of the Prime Minister, but he may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.

98. (1) Subject to the provisions of this section, power to appoint persons to hold or act in offices to which this section applies (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall be vested in the Judicial Service Commission.

(2) If Parliament so provides, power to appoint persons to hold or act in an office referred to in subsection (5) (b) of this section shall vest in the Kabaka acting in accordance with the advice of the judicial Service Commission.

(3) Where this section is applied to an office in pursuance of subsection (5) (d) of this section and that office relates to a court limited in its jurisdiction to a specified race, power to appoint persons to hold or act in that office (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such an office and to remove such persons from office shall vest in the President acting in accordance with the advice of the Prime Minister:

Provided that, as respects a court whose jurisdiction is limited to a particular Federal State, the powers conferred by this section shall be exercised in the name of the Ruler of the State.

(4) The functions of the President, the Prime Minister and the Judicial Service Commission under this section shall be discharged in accordance with such provision as may be made by Parliament for regulating and facilitating the discharge thereof.

(5) The offices to which this section applies are

(a) the office of the Registrar or Deputy Registrar of the High Court of Uganda;

(b) the office of Registrar or Deputy Registrar of the High Court of Buganda;

(c) the office of Senior Resident Magistrate or Resident Magistrate;

(d) such other offices of an officer empowered to preside in or to be a member of any court of law (other than the High Court of Uganda or the High Court of Buganda), and such offices connected with any such court, as may be prescribed by Parliament.

(6) References in this section to a court of law do not include references to the court of appeal, a court-martial or a court recognised or established for the Kingdom of Buganda by the Buganda Courts Ordinance.

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CHAPTER X.

FINANCE.

PART 1.

Public Funds of Uganda.

99. All revenues or other monies raised or received for the purposes of the government of Uganda, (not being revenues or other monies that are payable by or under an Act of Parliament into some other fund established for a specific purpose or that may by or under an Act of Parliament be retained by, the department of government that received them for the purpose of defraying the expenses of that department) shall be paid into and form one Consolidated Fund.

100. (1) No monies shall be withdrawn from the Consolidated Fund except

(a) to meet expenditure that is charged upon the Fund by this Constitution or by any Act of Parliament; or

(b) where the issue of those monies has been authorised by an Appropriation Act, by a supplementary estimate approved by resolution of the National Assembly or by an Act enacted in pursuance of section 102 of this Constitution.

(2) No monies shall be withdrawn from any public fund of Uganda other than the Consolidated Fund unless the issue of those monies has been authorised by or under any law.

(3) No monies shall be withdrawn from the Consolidated Fund unless such withdrawal has been approved by the Controller and Auditor-General and except in the manner prescribed by Parliament.

101. (1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly in each financial year estimates of revenues and expenditure of Uganda for the next following financial year.

(2) The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Fund by this Constitution or any Act of Parliament) shall be included in a bill to be known as an Appropriation bill which shall be introduced into the Assembly to provide for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

(3) If in respect of any financial year it is found

(a) that the amount appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act; or

(b) that, any monies have been expended for any purpose in excess of the amount appropriated for that purpose by the Appropriation Act or for a purpose for which no amount has been appropriated by that Act,

a supplementary estimate showing the sums required or spent shall be laid before the National Assembly.

(4) Where. in respect of any financial year a supplementary estimate or supplementary estimates have been approved by the National Assembly in accordance with the provisions of subsection (3) of this section a supplementary Appropriation bill shall be introduced into the Assembly in the financial year next following the financial year to which the,. estimates relate, providing for the appropriation of the sums so approved for the purposes specified in those estimates.

102. Parliament may make provision under which, if it appears to the Minister responsible for finance that the Appropriation Act in respect of any financial year will not come into operation by the beginning of that financial year, he may authorise the withdrawal of monies from the Consolidated 75 Fund for the purpose of meeting expenditure necessary to carry on the services of the Government in respect of the period expiring four months from the beginning of that financial year or on the corning into operation of the Act, whichever is the earlier.

103. (1) Parliament may make provisions for the establishment of a Contingencies Fund and for authorising the Minister responsible for finance, if satisfied that there has arisen in urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.

(2) Where any advance is made from the Contingencies Fund, a supplementary estimate shall be presented as soon as possible for the purpose of replacing the amount so advanced.

104. (1), There shall be paid to the holders of the offices to which this section applies such salary and such allowances as may be prescribed by Parliament,

(2) The salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.

(3) The salary payable to the holder of any office to which this section applies and his terms of office, other than allowances, shall not be altered to his disadvantage after his appointment.

(4) Where a person's salary or terms 4 office depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted.

(5) This section applies to the offices of judge of the High Court of Uganda, member of the Electoral Commission, appointed member of the Judicial Service Commission, Director of Public Prosecutions, Controller and Auditor-General and Inspector-General of Police.

105. (1) The public debt of Uganda shall be a charge upon the Consolidated Fund and other public funds of Uganda.

(2) For the purposes of this section, the public debt includes the interest on that debt, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

106. (1) There shall be a Controller and Auditor-General for Uganda, whose office shall be a public office.

(2) The public accounts of Uganda and of all officers, courts and authorities of the Government of Uganda shall be audited and reported on by the Controller and Auditor-General and for that purpose the Controller and Auditor-General or any person authorised by him in that behalf shall have access to all books, records, returns and other documents relating to those accounts.

(3) The Controller and Auditor-General shall submit his reports to the Minister responsible for finance, who shall cause them to be laid before the National Assembly.

(4) In the exercise of his functions under this Constitution the Controller and Auditor-General shall not be subject to the direction or control of any other person or authority.

PART 2.

Financial Provision for the Federal States.

107. (1) The Government of Uganda shall make payments to the Kabaka's Government in accordance with the provisions of-the Agreement set out in Schedule 9 to this Constitution.

(2) The amounts required for making payments under this section shall be a charge on the Consolidated Fund.

108. (1) Subject to such terms and conditions as may be prescribed by Parliament, the Government of Uganda shall pay to the Government of each Federal State (other than the Kabaka's Government) an annual contribution towards the cost of services administered by the Government of that Federal State in pursuance of arrangements entered into under section 79 of this Constitution of such amount as the Government of Uganda, after consultation with that Government, may determine.

(2) The amounts required for the making of contributions under this section shall be a charge on the Consolidated Fund.

109. (1) Where by virtue of any provision of any law in force immediately before 9th October 1962 a Federal State has power to collect and retain the proceeds of any tax, that provision shall not be altered by or under any Act of Parliament to the disadvantage of that Federal State without the concurrence of the Government of that Federal State:

Provided that, for the purposes of this section, a provision shall not be regarded as having been altered to the disadvantage of a Federal State if--

(a) other provision is made in lieu of that provision that is not less favourable to the Federal State than was the former provision; or

(b) where the collection and retention of the proceeds of a tax by the Federal State is incidental to the administration of any service, or the performance of any other function, by the Federal State for the purposes of any law if provision is made. under which the Federal State ceases to be entitled to collect and retain those proceeds upon its ceasing to administer that service or to perform that function, as the case may be.

(2) The provisions of subsection (1) of this section shall not apply to any provision of law empowering a Federal State to collect or retain tax in Kampala or in a town to which section 126 of this Constitution applies.

(3) In this section "tax" includes rate, rent, due, fee, fine, royalty or other revenue.

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CHAPTER XII.

PUBLIC LAND.

118. (1) There shall be-

(a) for Uganda, a Land Commission; and

(b) for each Federal State and each District, a Land Board.

(2) The Land Commission shall consist of not more than five members who shall be appointed by the President.

(3) The Land Board for the Kingdom of Buganda shall consist of not more than eight members who shall be appointed by the Kabaka, acting in accordance with the recommendation of the Kabaka's Council of Ministers.

(4) The Land Board for a Federal State (other than the Kingdom of Buganda) or a District shall consist of not more than eight members who shall be appointed

(a) in the case of a Federal State or of a District having a constitutional head, by the Ruler or constitutional head of the State or District, acting in accordance with the recommendation of the Legislative Assembly of the State or Council of the District, signified by resolution;

(b). in the case of a District not having a constitutional head, by resolution of the Council of the District.

(5) A person shall not be qualified for appointment as a member of a Land Board unless he has such qualifications as may be prescribed by Parliament:

Provided that at least one member of a Land Board shall be appointed from amongst persons who are representatives of the traditional interests in land in the territory for which the Board is established.

(6) The office of a member of the Land Board shall become vacant

(a) at the expiration of such period, after his appointment, as may be prescribed by or under any Act of Parliament;

(b) if any circumstances arise that would cause him to be disqualified for appointment under sub section (5) of this section; or

(c) in such other circumstances as Parliament may prescribe.

(7) The Land Commission shall hold and manage any land vested in it by any law or acquired by the Government of Uganda and shall have such other powers and duties as may be prescribed by Parliament.

(8) The Land Board of a Federal State or of a District shall hold and manage, for the benefit of the people of the State or District, any land vested in it by any law or acquired by the Government of the State or the Administration of the District, as the case may be, and shall have such other powers and duties as may be prescribed by Parliament or, in the case of the. Land Board of the Kingdom of Buganda, by any law in force in that Kingdom.

(9) The functions of a Land Board of a Federal State shall be exercised on behalf of the Ruler and the functions of a Land Board of a District having a constitutional head shall, if the Council of the District so determine by resolution, be exercised by the Board on behalf of the constitutional head of the District.

(10) The provisions of subsection (7) and (8), of this section shall be without prejudice to the provisions of any law relating to

(a) the compulsory acquisition or taking possession of any land;

(b) mines, minerals, forests or national parks; or

(c) the tenure, use or management of land.

(11) Subject to the provisions of this section, Parliament may make provision for the tenure of office of members and the procedure of the Land Commission or a Land Board and for regulating the Commission or a Board in the performance of its functions.

119. (1) If the Government of Uganda is satisfied that land in the Kingdom of Buganda is needed for the purposes of the Government of Uganda that Government may, subject to the provisions of subsection (2) of this section, require the Kabaka's Government

(a) if the land is vested in the Land Board of the Kingdom, to cause the Board to vest the land in the Land Commission or such other authority as may be specified by the Government of Uganda;

(b) if the land is not vested in the Land Board of the Kingdom, to cause it to be acquired by agreement or compulsorily and to be vested in 84 the Land Commission or such other authority as may be specified by the Government of Uganda, and it shall then be the duty of the Kabaka's Government to comply with that requirement.

(2) Where land is needed by the Government of Uganda for a purpose other than a public purpose as referred to in the Land Acquisition Act, 1894(a),, as in force at the commencement of this Constitution, a requirement shall not be made unless the President has, after consultation with the Kabaka's Government, appointed an impartial person or persons recommended by the Judicial Service Commission to enquire into the proposed acquisition of the land and any such person or (if more than one) a majority of those persons has reported that the acquisition will be for the general economic benefit of Uganda.

(3) Where land is acquired in accordance with paragraph (a) of subsection (1) of this section the Government of Uganda shall pay to the Kabaka's Government the amount it would be liable to pay if the land had been acquired under the law for the time being in force relating to compulsory acquisition.

(4) Where any land in the Kingdom of Buganda vested in the Land Commission, under the provisions of this section ceases to be required for the purposes of the Government of Uganda it shall revert to the Land Board of the Kingdom if the Kabaka's Government agrees to pay to the Government of Uganda an amount equal to the market value of the land.

(5) The provisions of this section shall be without prejudice to the provisions of any law relating to the compulsory taking possession of land.

120. References in this Chapter to land include references to any estate, interest or right in land.


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