Article 98-110 Uganda Constitution 1995

Article 98-110 Uganda Constitution 1995

Article 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 of the Uganda Constitution 1995 are under ‘The President’ of Chapter 7 of the Constitution. Chapter 7 is titled ‘The Executive‘.

Article 98 Uganda Constitution 1995

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.

Article 99 Uganda Constitution 1995

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.

Article 100 Uganda Constitution 1995

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.

Article 101 Uganda Constitution 1995

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.

Article 102 Uganda Constitution 1995

Qualifications and disqualifications of the President

(1) A person is qualified for election as President if that person-
(a) is a citizen of Uganda by birth;
(b) is a registered voter; and
(c) has completed a minimum formal education of Advanced Level standard or its equivalent.

(2) A person is not qualified for election as President 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;
(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;
(f) has, within seven years immediately preceding the election, been convicted by a competent court of an offence involving dishonesty or moral turpitude; or
(g) has, within seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the Electoral Commission.

Article 103 Uganda Constitution 1995

Election of the President

(1) The election of the President shall be by universal adult suffrage
through a secret ballot.
(2) A person shall not be a candidate in a presidential election unless—
(a) that person submits to the Electoral Commission on or before the day appointed as nomination day in relation to the election, a document which is signed by that person nominating him or her as a candidate; and
(b) the nomination is supported by one hundred voters in each of at least two-thirds of all the districts in Uganda.

(3) Apart from the election required to be held by clause(2) of article 61 of this Constitution, election of the President shall also be held in the following circumstances—
(a) an election held under clause (6) of article 104 of this Constitution;
(b) an election held under clause (3) of article 105 of this Constitution;
(c) an election held under clause (2) of article 109 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.

(6a) Notwithstanding the provisions of clauses (4) and (6) of this article, where, in a presidential election only one candidate is nominated, after the close of nominations, the Electoral Commission shall declare that candidate elected unopposed.

(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.

Article 104 Uganda Constitution 1995

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 fifteen 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 and reasons not later than forty five 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 sixty 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.

Article 105 Uganda Constitution 1995

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 may be elected under this Constitution to hold office as President for one or more terms as prescribed by this article.
(2a) A bill for an Act of Parliament seeking to amend this clause and clause (2) of this article shall not be taken as passed unless-
(a) it is supported at the second and third reading in Parliament by not less than two thirds of all Members of Parliament; and
(b) has been referred to a decision of the people and approved by them in a referendum.
(3) The office of President shall become vacant—
(a) on the expiration of the period specified in this article; or
(b) if the incumbent dies or resigns or ceases to hold office under article 107 of this Constitution.
(4) The President may, by writing signed by him or her, and addressed to the Chief Justice, resign from office as President.
(5) The resignation of the President shall take effect when it is received by the Chief Justice.
(6) The Chief Justice shall, immediately upon receiving the resignation of the President under this article, notify the Vice President, the Speaker and the Electoral Commission of the resignation.

Article 106 Uganda Constitution 1995

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.

Article 107 Uganda Constitution 1995

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.

Article 108 Uganda Constitution 1995

Vice President

(1) There shall be a Vice President of Uganda.
(2) The President shall, with the approval of Parliament by a simple majority, appoint a Vice President.
(3) The Vice President shall—
(a) deputise for the President as and when the need arises; and
(b) perform such other functions as may be assigned to him or her by the President, or as may be conferred on him or her by this Constitution.
(4) The qualifications prescribed for the office of President by article 102 of this Constitution shall apply to the office of Vice President.
(5) The office of Vice President shall become vacant if—
(a) the appointment is revoked by the President; or
(b) the incumbent resigns or dies.
(6) Article106 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.

Article 108A Uganda Constitution 1995

1. There shall be a Prime Minister who shall be appointed by the President with the
approval of Parliament by simple majority from among members of Parliament
or persons qualified to be elected members of Parliament.

2. The Prime Minister shall
a. be the Leader of Government Business in Parliament and be responsible for the coordination and implementation of Government policies across ministries, departments and other public institutions; and
b. perform such other functions as may be assigned to him or her by the President, or as may be, conferred on him or her by this Constitution or by law.

3. The Prime Minister shall, in the performance of his or her functions, be
individually accountable to the President and collectively responsible for any
decision made by the Cabinet.

4. The office of the Prime Minister shall become vacant if- • Head of government removal
a. the appointment is revoked by the President;
b. the incumbent resigns or dies; or
c. the incumbent becomes disqualified to be a member of Parliament.

5. The Prime Minister shall, before commencing to perform the functions of his or
her office, take and subscribe the oath of allegiance and the oath of Prime
Minister, specified in the Fourth Schedule to this Constitution.

6. Clause (6) of article 108 applies to the Prime Minister with necessary
modifications as it applies to the Vice President.

Article 109 Uganda Constitution 1995

Absence of the President

(1) If the President dies, resigns or is removed from office under this Constitution, the Vice President shall assume the office of President until fresh elections are held and the elected President assumes office in accordance with article 103(8) of this Constitution.
(2) Elections for the President under this article shall be held within six months after the death, resignation or removal of the President.
(3) No elections shall be held under this article if the residual term of the President is one year or less.
(4) Whenever the President is for any reason unable to perform the functions of the office of President, the Vice President shall perform those functions until the President is able again to perform those functions.
(5) Where the President and the Vice President are both unable to perform the functions of the office of the President, the Speaker shall perform those functions until the President or the Vice President is able to perform those functions or until a new President assumes office.
(6) The Vice President shall, before assuming the duties of the office of President under clause (1) of this article, appoint a person to the office of Vice President, subject to the approval of Parliament.
(7) A person appointed under clause (6) of this article, shall, before assuming the duties of the office of Vice President take and subscribe the oaths in respect of that office under article 108(7) of this Constitution.

(8) Before assuming the duties of the office of President under clause (5) of this article, the Speaker shall take and subscribe the oaths specified in relation to that office in the Fourth Schedule to this Constitution.
(9) Whenever the Speaker assumes the office of President as a result of the death, resignation or removal of the President and the Vice President, or under the provisions of article 104(7) of this Constitution, a presidential election shall be held in accordance with clause (2) of this article.

Article 110 Uganda Constitution 1995

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.