Article 190-200 Uganda Constitution 1995

Article 190, 191, 192, 193, 194, 195, 196, 197, 198, 199 and 200 of the Uganda Constitution 1995 are under ‘Finances of local governments’ and ‘District service commissions’ of Chapter 11 of the Constitution. Chapter 11 is titled ‘Local Government‘.

Article 190 Uganda Constitution 1995

Planning

District councils shall prepare comprehensive and integrated development plans incorporating the plans of lower level local governments for submission to the National Planning Authority.

Article 191 Uganda Constitution 1995

Power to levy and appropriate taxes

(1) Local governments shall have power to levy, charge, collect and appropriate fees and taxes in accordance with any law enacted by Parliament by virtue of article 152 of this Constitution.

(2) The fees and taxes to be levied, charged, collected and appropriated under clause (1) of this article shall consist of rents, rates, royalties, stamp duties, cess, fees on registration and licensing and any other fees and taxes that Parliament may prescribe.

(3) No appropriation of funds by a local government shall be made unless approved in a budget by its council.
(4) Parliament shall by law make provision for tax appeals in relation to taxes to which this article applies.

Article 192 Uganda Constitution 1995

Collection of taxes by local government

Parliament shall by law provide—
(a) for the taxes that may be collected by a local government for or on behalf of the Government for payment into the Consolidated Fund;
(b) for a local government to retain for the purposes of its functions and services, a specified proportion of the revenues collected for or on behalf of the Government from the district.

Article 193 Uganda Constitution 1995

Grants to local governments

(1) The President shall for each financial year, in accordance with this Constitution, cause to be presented to Parliament proposals as to the monies to be paid out of the Consolidated Fund as—
(a) unconditional grant in accordance with clause (2) of this article;
(b) conditional grant in accordance with clause (3) of this article;
(c) equalisation grant in accordance with clause (4) of this article.

(2) Unconditional grant is the minimum grant that shall be paid to local governments to run decentralised services and shall be calculated in the manner specified in the Seventh Schedule to this Constitution.

(3) Conditional grant shall consist of monies given to local governments to finance programmes agreed upon between the Government and the local governments and shall be expended only for the purposes for which it was made and in accordance with the conditions agreed upon.

(4) Equalisation grant is the money to be paid to local governments for giving subsidies or making special provisions for the least developed districts and shall be based on the degree to which a local government unit is lagging behind the national average standard for a particular service.

(5) District councils shall be obliged to indicate how conditional and equalisation grants obtained from the Government are to be passed onto the lower levels of local government.

(6) The proposals made under clause (1) of this article shall be made at the same time as the estimates of revenue and expenditure under article 155 of this Constitution and shall state the sums of monies that are to be paid to each local government.

(7) The proposals made under this article shall form part of the Appropriation Act as provided for in article 156 of this Constitution.

Article 194 Uganda Constitution 1995

Local Government Finance Commission

(1) There shall be a Local Government Finance Commission which shall consist of seven members appointed by the President.
(2) Of the seven members referred to in clause (1) of this article, four shall be nominated by the local governments.
(3) The members of the Local Government Finance Commission shall elect from among themselves a chairperson and a vice chairperson.

(4) The Local Government Finance Commission shall—
(a) advise the President on all matters concerning the distribution of revenue between the Government and local governments and the allocation to each local government of monies out of the Consolidated Fund;
(b) in consultation with the National Planning Authority, consider and recommend to the President the amount to be allocated as the equalisation and conditional grants and their allocation to each local government;
(c) consider and recommend to the President potential sources of revenue for local governments;
(d) advise the local governments on appropriate tax levels to be levied by local governments;
(e) perform such other functions as Parliament shall prescribe.

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

Article 195 Uganda Constitution 1995

Loans and grants

Subject to the provisions of this Constitution and with the approval of the Government, a local government may, for the carrying out of its functions and services, borrow money or accept and use any grant or assistance as Parliament shall prescribe.

Article 196 Uganda Constitution 1995

Accountability

Parliament shall make laws—
(a) requiring each local government to draw up a comprehensive list of all its internal revenue sources and to maintain data on total potential collectable revenues;
(b) prescribing financial control and accountability measures for compliance by all local governments;
(c) imposing regular audit requirements and procedures for local governments.

Article 197 Uganda Constitution 1995

Financial autonomy of urban authorities

Urban authorities shall have autonomy over their financial and planning matters in relation to the district councils as Parliament may, by law, provide.

Article 198 Uganda Constitution 1995

(1) There shall be a district service commission for each district.

(2) The district service commission shall consist of a chairperson and such other members as the district council shall determine, at least one of whom shall represent urban authorities and all of whom shall be appointed by the district council on the recommendation of the district executive committee with the approval of the Public Service Commission.

(3) Members of a district service commission shall be persons of high moral character and proven integrity.

(4) Members of a district service commission shall hold office for a period of four years but are eligible for reappointment for one more term.

(5) In the performance of its functions, a district service commission shall conform to the standards established by the Public Service Commission for the public service generally.

(6) A member of the district service commission may be removed from office by the executive committee of the district with the approval of the district council and after consultation with the Public Service Commission but may be removed only for—
(a) inability to perform the functions of that office arising from physical or mental incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 199 Uganda Constitution 1995

Secondment of staff

Subject to the provisions of this Constitution, the Government may, on request by a district council, post persons to fill, assist and complement the service of a local government.

Article 200 Uganda Constitution 1995

Functions of district service commissions

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in any office in the service of a district, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office, is vested in the district service commission.

(2) The terms and conditions of service of local government staff shall conform with those prescribed by the Public Service Commission for the public service generally.

(3) The district service commission may establish committees in respect of specialised disciplines.

(4) Notwithstanding anything in this article or in articles 172 and 176(2) and (3) of this Constitution, the power to appoint persons to hold or act in the office of Town Clerk in the service of a city or a municipality, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office is vested in the Public Service Commission.

Article 176-189 Uganda Constitution 1995

Article 176 to 189 of the Uganda Constitution 1995 is under ‘Principles and structures of local government’ of Chapter 11 of the Constitution. Chapter 11 is titled ‘Local Government‘.

Article 176 Uganda Constitution 1995

Local government system

(1) The system of local government in Uganda shall be based on the district as a unit under which there shall be such lower local governments and administrative units as Parliament may by law provide.

(2) The following principles shall apply to the local government system—
(a) the system shall be such as to ensure that functions, powers and responsibilities are devolved and transferred from the Government to local government units in a coordinated manner;
(b) decentralisation shall be a principle applying to all levels of local government and, in particular, from higher to lower local government units to ensure peoples’ participation and democratic control in decision making;
(c) the system shall be such as to ensure the full realisation of democratic governance at all local government levels;
(d) there shall be established for each local government unit a sound financial base with reliable sources of revenue;
(e) appropriate measures shall be taken to enable local government units to plan, initiate and execute policies in respect of all matters affecting the people within their jurisdictions;
(f) persons in the service of local government shall be employed by the local governments; and
(g) the local governments shall oversee the performance of persons employed by the Government to provide services in their areas and to monitor the provision of Government services or the implementation of projects in their areas.

(3) The system of local government shall be based on democratically elected councils on the basis of universal adult suffrage in accordance with article 181(4) of this Constitution.

Article 177 Uganda Constitution 1995

Districts of Uganda

(1) Subject to the provisions of this Constitution, for the purposes of local government, Uganda shall be divided into the districts referred to in
article 5(2) of this Constitution.

(2) The districts referred to in clause (1) of this article shall be taken
to have been divided into the lower local government units which existed
immediately before the coming into force of this Constitution.

Article 178 Uganda Constitution 1995

Regional governments

1. Two or more districts may cooperate to form a regional government to perform
the functions and services specified in the Fifth Schedule to this Constitution.

2. A district shall not be taken to have agreed to enter into a cooperation
arrangement to form a regional government unless-
a. the proposal to join the regional government has been approved by
resolution of the district council by a majority of two thirds of the members
of the district council; and
b. the decision of the district council has been ratified by not less than
two-thirds of the sub county councils in the district.

3. Subject to clause (1) and to the provisions of this Constitution, the districts of
the regions of Buganda, Bunyoro, Busoga, Acholi and Lango, specified in the
First Schedule to this Constitution, shall be deemed to have agreed to form
regional governments for the purposes of this article.

4. The headquarters of the regional governments deemed to have been
established in clause (3) of this article shall be as follows
a. in Buganda, Mengo Municipality which shall be created by Parliament;
b. in Bunyoro, Hoima Municipality which shall be created by Parliament;
c. in Busoga, Jinja Municipality;
d. in Acholi, Gulu Municipality; and
e. in Lango, Lira Municipality.

5. The districts forming the regional government shall form a regional assembly.

6. A regional government shall be a body corporate with power to sue and be sued
and shall have power to do all things that may be done by a body corporate and
shall be subject to all obligations to which a body corporate is subject.

7. Notwithstanding article 180, a regional government formed under this article
shall be the highest political authority within its region and shall have political,
legislative, executive, administrative and cultural functions in the region.

8. A regional government shall in particular have in relation to the region, the
functions and services conferred upon a regional government in the Fifth
Schedule to this Constitution and may make laws which shall have the force of
law in the region.

9. A regional assembly shall have power to legislate on matters within its
jurisdiction.

10. Subject to this article and to the Fifth Schedule to this Constitution, the
executive and administrative powers of a regional government shall extend to
the execution and implementation of the laws enacted by the regional assembly
and other laws operating in the region and the management of the affairs of the
regional government.

11. The laws made by the regional assembly shall be in conformity with the
Constitution and the national laws and shall be consistent with national policies.

12. The provisions of the Fifth Schedule to this Constitution shall have effect in
respect of the matters specified in it in relation to regional governments.

13. Regional governments shall commence on 1st July, 2006.

Article 178A Uganda Constitution 1995

1. A district which does not wish or is not able to enter into a cooperation
arrangement to form a regional government shall be paid an equalization grant.

2. The equalization grant payable under clause (1) shall be based on the
incremental costs met by the Central Government in managing the regional
government.

3. The President shall cause to be presented to Parliament, proposals for the
money to be paid out of the Consolidated Fund as equalization grant under
clause (1).

4. The proposals made under clause (3) shall be made at the same time as the
estimates of revenue and expenditure under article 155 of this Constitution and
shall state the sums of money that are to be paid to each district.

Article 179 Uganda Constitution 1995

Boundaries of local government units

(1) Subject to the provisions of this Constitution, Parliament may—
(a) alter the boundaries of districts; and
(b) create new districts.

(2) Any measure to alter the boundary of a district or to create a new district shall be supported by a majority of all the members of Parliament.

(3) Parliament shall by law empower district councils to alter the boundaries of lower local government units and to create new local government units within their districts.

(4) Any measure for the alteration of the boundaries of or the creation of districts or administrative units shall be based on the necessity for effective administration and the need to bring services closer to the people, and it may take into account the means of communication, geographical features, density of population, economic viability and the wishes of the people concerned.

Article 180 Uganda Constitution 1995

Local government councils

(1) A local government shall be based on a council which shall be the highest political authority within its area of jurisdiction and which shall have legislative and executive powers to be exercised in accordance with this Constitution.

(2) Parliament shall by law prescribe the composition, qualifications, functions and electoral procedures in respect of local government councils, except that—
(a) the person elected as district chairperson of a local government shall be a member of the council;
(b) one-third of the membership of each local government council shall be reserved for women;
(c) any law enacted by virtue of this article shall provide for affirmative action for all marginalised groups referred to in article 32 of this Constitution; and
(d) Parliament shall exercise similar powers of review as stipulated in article 78(2) of this Constitution, in relation to paragraphs (b) and (c) of this clause.

(3) A person shall not be a member of a local government council
unless that person is a citizen of Uganda.

Article 181 Uganda Constitution 1995

Elections of local government councils

(1) A district shall be divided by the Electoral Commission into electoral areas which shall be demarcated in such a way that the number of inhabitants in the electoral areas are as nearly as possible equal.

(2) The number of inhabitants in an electoral area may be greater or less than other electoral areas in order to take account of means of communication, geographical features and density of population.

(3) The demarcation of electoral areas shall ensure that a subcounty, a town council or an equivalent part of a municipality is represented at the district council by at least one person.

(4) All local government councils shall be elected every seven years.

(5) Subject to article 61 of this Constitution, elections of all local government councils shall take place on such date as the Electoral Commission shall determine in accordance with the law.

Article 182 Uganda Constitution 1995

Revocation of mandate

(1) Subject to clause (2) of this article, the mandate of an elected member of a local government council may be revoked by the electorate.

(2) Parliament shall by law prescribe the grounds on which and the manner in which the electorate may revoke the mandate of an elected member of a local government council.

Article 183 Uganda Constitution 1995

District chairperson

(1) There shall be a district chairperson who shall—
(a) be the political head of the district; and
(b) be elected by universal adult suffrage through a secret ballot.

(2) A person is not qualified to be elected district chairperson unless he or she is—
(a) qualified to be elected a member of Parliament;
(b) [repealed]
(c) a person ordinarily resident in the district.

(3) The district chairperson shall—
(a) preside at meetings of the executive committee of the district;
(b) monitor the general administration of the district;
(c) coordinate the activities of urban councils and councils of the lower local administrative units in the district;
(d) coordinate and monitor Government functions as between the district and the Government; and
(e) perform such other functions as Parliament may prescribe.

(4) In the performance of the functions under clause (3) of this article, the chairperson shall be subject to the rules, decisions and recommendations of the district council and be answerable to the council.

Article 184 Uganda Constitution 1995

Speaker of a district council

(1) Each district council shall have a speaker elected by the district council from among its members; but a person shall only be taken to have been elected if the votes cast in his or her favour are more than 50 percent of all the members of the council.

(2) The speaker of the council shall, in relation to the council, perform similar functions to those of the Speaker of Parliament.

Article 185 Uganda Constitution 1995

Removal of a district chairperson and speaker

(1) The district chairperson or the speaker of a district council may be removed from office by the council by resolution supported by the votes of not less than two-thirds of all members of the council on any of the following grounds—
(a) abuse of office;
(b) misconduct or misbehaviour; or
(c) such physical or mental incapacity as would render him or her incapable of performing the duties of his or her office.

(2) Parliament shall prescribe any other grounds and the procedure for the removal of a district chairperson or the speaker of a council under this article.

Article 186 Uganda Constitution 1995

District executive committee

(1) There shall be an executive committee for each district council which shall perform the executive functions of the council.

(2) An executive committee shall consist of—
(a) the district chairperson;
(b) the vice chairperson; and
(c) such number of secretaries as the council may decide.

(3) The vice chairperson shall be a person nominated by the district chairperson from among members of the council and approved by two-thirds of all members of the council.

(4) The secretaries shall be nominated by the chairperson from among members of the council and approved by a majority of all members of the council.

(5) The vice chairperson shall deputise for the chairperson and shall perform such other functions as may be assigned to him or her by the chairperson.

(6) If the district chairperson dies, resigns or is removed from office, the vice chairperson shall assume the office of chairperson until the election of a new district chairperson, but the election shall be held within six months after the occurrence of the event.

(7) A secretary shall have responsibility for such functions of the district council as the district chairperson may from time to time assign to him or her.
(8) A district council shall appoint standing and other committees necessary for the efficient performance of its functions.
(9) The following shall apply with respect to the composition of the committees of a district council—
(a) the chairpersons and members of the committees shall be elected from among the members of the council;
(b) the district chairperson, the vice chairperson and a secretary shall not be members of a committee of the council but may take part in its proceedings without voting.

Article 187 Uganda Constitution 1995

Vacation of office of member of district executive committee

(1) The office of a member of a district executive committee shall become vacant if—
(a) the appointment of that member is revoked by the district chairperson; or
(b) that member—
(i) is elected as speaker of the district council;
(ii) resigns from office;
(iii) becomes disqualified to be a member of the district council;
(iv) is unable to perform his or her functions due to mental or physical incapacity or dies;
(v) is censured by the council; or
(c) a new chairperson assumes office.

(2) A district council may, by resolution supported by not less than half of all members of the council, pass a vote of censure against a member of the executive committee.

(3) Proceedings for censure shall be initiated by a petition to the chairperson through the speaker signed by not less than one-third of all the members of the district council to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee.

(4) The chairperson shall, upon receipt of the petition, cause a copy of it to be given to the member of the executive committee in question.
(5) The motion for the resolution of censure shall not be debated until the expiry of fourteen days after the petition was sent to the chairperson.
(6) A member of the executive committee 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.
(7) Nothing in this article shall prevent a person from being reappointed to the executive committee of a district council.

Article 188 Uganda Constitution 1995

Chief and Deputy Chief Administrative Officer

(1) There shall be a Chief Administrative Officer and Deputy Chief Administrative Officer for every district.
(2) Notwithstanding articles 176(2) and (3) and 200 of this Constitution, the Public Service Commission shall appoint persons to hold or act in the office of Chief Administrative Officer and Deputy Chief Administrative Officer, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office.
(3) Parliament shall by law establish the qualifications and functions of a Chief Administrative Officer and Deputy Chief Administrative Officer.

Article 189 Uganda Constitution 1995

Functions of the Government and district councils

(1) Subject to the provisions of this Constitution, the functions and services specified in the Sixth Schedule to this Constitution shall be the responsibility of the Government.

(2) District councils and the councils of lower local government units may, on request by them, be allowed to exercise the functions and services specified in the Sixth Schedule to this Constitution or if delegated to them by the Government or by Parliament by law.

(3) District councils shall have responsibility for any functions and services not specified in the Sixth Schedule to this Constitution.

(4) Subject to the provisions of this Constitution, the Government may, on request by a district council, assume responsibility for functions and services assigned to the district council.

Article 165-175 Uganda Constitution 1995

Article 165, 166, 167, 168, 169, 170, 171, 172, 173, 173A, 174, and 175 of the Uganda Constitution 1995 are under Chapter 10 of the Constitution. Chapter 10 is titled ‘The Public Service‘.

Article 165 Uganda Constitution 1995

Public Service Commission

(1) There shall be a Public Service Commission.

(2) The commission shall consist of a chairperson, a deputy chairperson and seven other members appointed by the President with the approval of Parliament.

(3) A person is not qualified to be appointed a member of the commission unless he or she is of high moral character and proven integrity.

(4) 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) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation; or
(d) a public officer.

(5) A member of the commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed under this Constitution, four shall be appointed to hold office for three years which shall be specified in the instruments of appointment.

(6) The emoluments of the members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.

(7) In the absence of both the chairperson and the deputy chairperson, the President may designate one of the members to act as chairperson.

(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 from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 166 Uganda Constitution 1995

Functions of the Public Service Commission

(1) Except as otherwise provided in this Constitution, the functions of the Public Service Commission include—
(a) to advise the President in performing his or her functions under article 172 of this Constitution;
(b) to appoint, promote and exercise disciplinary control over persons holding office in the public service of Uganda as provided in article 172 of this Constitution;
(c) to review the terms and conditions of service, standing orders, training and qualifications of public officers and matters connected with personnel management and development of the public service and make recommendations on them to the
Government;
(d) to guide and coordinate district service commissions;
(e) to hear and determine grievances from persons appointed by district service commissions; and
(f) to perform such other functions as may be prescribed by this Constitution or any other law.

(2) In the exercise of its functions, the Public Service Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to the public service.

(3) The commission shall make a report to Parliament in respect of each year, on the performance of its functions.

(4) Parliament shall, by law, empower the Public Service Commission to make regulations for the effective and efficient performance of its functions under this Constitution or any other law.

Article 167 Uganda Constitution 1995

Education Service Commission

(1) There shall be an Education Service Commission.
(2) The commission shall consist of a chairperson and six other members appointed by the President with the approval of Parliament.
(3) The President shall appoint not more than two members of the commission as deputy chairpersons of the commission.
(4) A person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity and has substantial experience in the field of education.

(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) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation;
(d) a member of any board or other authority responsible for the management of any school or college; or
(e) a public officer.

(6) A member of the Education Service Commission shall hold office for four years but is eligible for reappointment; except that of the first members appointed under this Constitution, three shall be appointed to hold office for three years which shall be specified in the instruments of appointment.

(7) The emoluments of members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and deputy chairpersons, the President may designate one of the members to act as chairperson.
(9) 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 from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 168 Uganda Constitution 1995

Functions of the Education Service Commission

(1) Subject to the provisions of this Constitution, the Education Service Commission shall—
(a) advise the President in performing, in relation to the education service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the education service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office;
(c) review the terms and conditions of service, standing orders, training and qualifications of public officers in the education service and matters connected with their management and welfare and make recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this Constitution or any other law.

(2) In the exercise of its functions, the commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to education.

(3) The commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer.

(4) The commission shall make a report to Parliament in respect of each year, on the performance of its functions.

(5) Subject to the provisions of this article, Parliament shall by law regulate the functions of the commission and prescribe the categories of public officers to constitute the education service.

Article 169 Uganda Constitution 1995

Health Service Commission

(1) There shall be a Health Service Commission.
(2) The commission shall consist of a chairperson and six other members at least three of whom shall be persons who have substantial experience in health science, all of whom shall be appointed by the President with the approval of Parliament.
(3) The President shall appoint one member of the commission as deputy chairperson of the commission.
(4) A person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity.

(5) A person holding any of the following offices shall relinquish his or her office on appointment as a member of the commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation;
(d) a member of any board or other authority responsible for the management of any Government hospital or similar Government establishment; or
(e) a public officer.

(6) A member of the commission shall hold office for four years but is eligible for reappointment; except that of the first members appointed under this Constitution, three shall be appointed to hold office for three years which shall be specified in the instruments of appointment.

(7) The emoluments of members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and the deputy chairperson, the President may designate one of the members to act as chairperson.
(9) 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 from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 170 Uganda Constitution 1995

Functions of the Health Service Commission

(1) Subject to the provisions of this Constitution, the Health Service Commission shall—
(a) advise the President in performing, in relation to the health service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the health service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office;
(c) review the terms and conditions of service, standing orders, training and qualifications of members of the health service and matters connected with their management and welfare and make recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this Constitution or any other law.

(2) In the exercise of its functions, the Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to health.

(3) The commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer.
(4) The commission shall make a report to Parliament in respect of each year on the performance of its functions.
(5) Subject to the provisions of this article, Parliament shall, by law regulate the functions of the commission and prescribe the categories of public officers to constitute the health service.

Article 171 Uganda Constitution 1995

Establishment of offices

Subject to the provisions of this Constitution and any Act of Parliament, the President may, after consultation with the appropriate service commission, establish offices in the public service of the Government of Uganda.

Article 172 Uganda Constitution 1995

Appointment of public officers

(1) Subject to the provisions of this Constitution—
(a) the President may, acting in accordance with the advice of the Public Service Commission, the Education Service Commission or the Health Service Commission, as the case may be, appoint persons to hold or act in any office in the public service of Uganda of the rank of head of department or above other than those referred to in article 200 of this Constitution, including confirmation of appointments, the exercise of disciplinary control over such persons and their removal from office;

(b) the Public Service Commission, the Education Service Commission or the Health Service Commission, as the case may be, may appoint persons to hold or act in any office in the public service of Uganda other than those referred to in paragraph (a) of this clause and in article 200 of this Constitution, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office.

(2) Except with the consent of the President, no person shall be appointed under this article to act in any office on the personal staff of the President.

(3) Subject to the provisions of this Constitution, the President may delegate any of his or her powers under this article by directions in writing, to any service commission or to any other authority or public officer as may be prescribed by Parliament and may, in like manner, revoke the delegation.

Article 173 Uganda Constitution 1995

Protection of public officers

A public officer shall not be—
(a) victimised or discriminated against for having performed his or her duties faithfully in accordance with this Constitution; or
(b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.

Article 173A Uganda Constitution 1995

Head of the Public Service

1. There shall be a Head of the Public Service who shall be appointed by the
President acting on the advice of the Public Service Commission.

2. The functions of the Head of the Public Service are as follows-
a. tendering advice to the President on matters relating to the Public Service;
b. coordination of the activities of Permanent Secretaries;
c. supervision of the work of Permanent Secretaries;
d. serving as a link between the Executive and the Public Service;
e. serving as a link between Service Commissions;
f. ensuring the implementation of Cabinet and other Government decisions;
and
g. any other duties assigned to him or her from time to time by the President.

Article 174 Uganda Constitution 1995

Permanent Secretaries

(1) Subject to the provisions of this Constitution, a Ministry or department of the Government of Uganda shall be under the supervision of a Permanent Secretary whose office shall be a public office.

(2) A Permanent Secretary shall be appointed by the President acting in accordance with the advice of the Public Service Commission.

(3) The functions of a Permanent Secretary under this article include—
(a) organisation and operation of the department or Ministry;
(b) tendering advice to the responsible Minister in respect of the business of the department or Ministry;
(c) implementation of the policies of the Government of Uganda;
(d) subject to article 164 of this Constitution, responsibility for the proper expenditure of public funds by or in connection with the department or Ministry.

Article 175 Uganda Constitution 1995

Interpretation

In this Chapter, unless the context otherwise requires—
(a) “public officer” means any person holding or acting in an office in the public service;
(b) “public service” means service in any civil capacity of the Government the emoluments for which are payable directly from the Consolidated Fund or directly out of monies provided by Parliament.

Article 161-164 Uganda Constitution 1995

Article 161, 162, 163, and 164 of the Uganda Constitution 1995 are under ‘Central Bank of Uganda’ and ‘Auditor General’ of Chapter 9 of the Constitution. Chapter 9 is titled ‘Finance‘.

Article 161 Uganda Constitution 1995

The central bank

(1) The Bank of Uganda shall be the central bank of Uganda and it shall be the only authority to issue the currency of Uganda.

(2) The authority of the Bank of Uganda shall vest in a board which shall consist of a governor, a deputy governor and not more than five other members.

(3) The governor, the deputy governor and all other members of the board shall—
(a) be appointed by the President with the approval of Parliament;
(b) hold office for a term of five years but shall be eligible for reappointment.

(4) The office of governor and deputy governor shall each be a public office, and the governor and deputy governor shall respectively be chairperson and deputy chairperson of the board.

(5) The governor, the deputy governor or any other member of the board may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

Article 162 Uganda Constitution 1995

Functions of the bank

(1) The Bank of Uganda shall—
(a) promote and maintain the stability of the value of the currency of Uganda;
(b) regulate the currency system in the interest of the economic progress of Uganda;
(c) encourage and promote economic development and the efficient utilisation of the resources of Uganda through effective and efficient operation of a banking and credit system; and
(d) do all such other things not inconsistent with this article as may be prescribed by law.

(2) In performing its functions, the Bank of Uganda shall conform to this Constitution but shall not be subject to the direction or control of any person or authority.

(3) Subject to the provisions of this Constitution, Parliament may make laws prescribing and regulating the functions of the Bank of Uganda.

Article 163 Uganda Constitution 1995

Auditor General

(1) There shall be an Auditor-General who shall be appointed by the President with the approval of Parliament.

(2) A person shall not be appointed Auditor General unless that person—
(a) is a qualified accountant of not less than fifteen years’ standing;
and
(b) is a person of high moral character and proven integrity.

(3) The Auditor General shall—
(a) audit and report on the public accounts of Uganda and of all public offices, including the courts, the central and local government administrations, universities and public institutions of like nature, and any public corporation or other bodies or organisations established by an Act of Parliament; and
(b) conduct financial and value for money audits in respect of any project involving public funds.
(c) in consultation with the Public Service Commission, employ and discipline his or her own staff;
(d) have power to engage private auditors to assist him or her in the performance of his or her functions.

(4) The Auditor General shall submit to Parliament annually a report of the accounts audited by him or her under clause (3) of this article for the financial year immediately preceding.

(5) Parliament shall, within six months after the submission of the report referred to in clause (4) of this article, debate and consider the report and take appropriate action.

(6) Subject to clause (7) of this article, in performing his or her functions, the Auditor General shall not be under the direction or control of any person or authority.

(7) The President may, acting in accordance with the advice of the Cabinet, require the Auditor General to audit the accounts of any body or organisation referred to in clause (3) of this article.

(8) The salary and allowances payable to the Auditor General shall be charged on the Consolidated Fund.

(9) The accounts of the office of the Auditor General shall be audited and reported upon by an auditor appointed by Parliament.

(10) The Auditor General may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.

(11) The Auditor General may retire at any time after attaining the age of 60 years, and shall vacate office on attaining the age of 70 years.

(12) The Auditor General shall vacate office if he or she is under a sentence of death or a sentence of imprisonment exceeding nine months without the option of a fine, imposed by a competent court.

(13) Any question for the removal of the Auditor General shall be referred to a tribunal appointed by the President, which shall submit its findings to the President; and the President may remove the Auditor General if the tribunal recommends that he or she should be removed on any of the grounds specified in clause (10).

(14) Where the question for removal of the Auditor General involves an allegation that the Auditor General is incapable of performing the functions of his or her office arising from infirmity of body or mind, the President shall, on the advice of the head of the Health Services of Uganda, appoint a medical board which shall investigate the matter and report its findings to the President with a copy to the tribunal.

(15) Where a tribunal is appointed by the President under clause (13) in respect of the Auditor General, the President shall suspend that Auditor General from performing the functions of his or her office.

(16) A suspension under clause (15) shall cease to have effect if the tribunal advises the President that the Auditor General suspended should not be removed.

(17) Parliament shall make laws to regulate and facilitate the performance of the functions of the Auditor General.

Article 164 Uganda Constitution 1995

Accountability

(1) The Permanent Secretary or the accounting officer in charge of a Ministry or department shall be accountable to Parliament for the funds in that Ministry or department.

(2) Any person holding a political or public office who directs or concurs in the use of public funds contrary to existing instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if he or she has ceased to hold that office.

(3) Parliament shall monitor all expenditure of public funds.

Article 152-160 Uganda Constitution 1995

Article 152, 153, 154, 155, 156, 157, 158, 159, and 160 of the Uganda Constitution 1995 are under ‘General’ of Chapter 9 of the Constitution. Chapter 9 is titled ‘Finance‘.

Article 152 Uganda Constitution 1995

Taxation

(1) No tax shall be imposed except under the authority of an Act of Parliament.
(2) Where a law enacted under clause (1) of this article confers powers on any person or authority to waive or vary a tax imposed by that law, that person or authority shall report to Parliament periodically on the exercise of those powers, as shall be determined by law.
(3) Parliament shall make laws to establish tax tribunals for the purposes of settling tax disputes.

Article 153 Uganda Constitution 1995

Consolidated Fund

(1) There shall be a Consolidated Fund into which shall be paid all revenues or other monies raised or received for the purpose of, or on behalf of, or in trust for the Government.

(2) The revenues or other monies referred to in clause (1) of this article shall not include revenues or other monies—
(a) that are payable by or under an Act of Parliament, into some other fund established for a specific purpose; or
(b) that may, under an Act of Parliament, be retained by the department of Government that received them for the purposes of defraying the expenses of that department.

Article 154 Uganda Constitution 1995

Withdrawal from the Consolidated Fund

(1) No monies shall be withdrawn from the Consolidated Fund except—
(a) to meet expenditure charged on the fund by this Constitution or by an Act of Parliament; or
(b) where the issue of those monies has been authorised by an Appropriation Act, a Supplementary Appropriation Act or as provided under clause (4) of this article.

(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 law.

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

(4) If the President is satisfied that the Appropriation Act in respect of any financial year will not or has not come into operation by the beginning of that financial year, the President may, subject to the provisions of this article, authorise the issue of monies from the Consolidated Fund Account for the purposes of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is the earlier.

(5) Any sum issued in any financial year from the Consolidated Fund Account under clause (4) of this article in respect of any service of the Government—
(a) shall not exceed the amount shown as required on account in respect of that service in the vote on account approved by Parliament by resolution for that financial year; and
(b) shall be set off against the amount provided in respect of that service in the Appropriation Act for that financial year when that law comes into operation.

Article 155 Uganda Constitution 1995

Financial year estimates

(1) The President shall cause to be prepared and laid before Parliament in each financial year, but in any case not later than the fifteenth day before the commencement of the financial year, estimates of revenues and expenditure of Government for the next financial year.

(2) The head of any self-accounting department, commission or organisation set up under this Constitution shall cause to be submitted to the President at least two months before the end of each financial year estimates of administrative and development expenditure and estimates of revenues of the respective department, commission or organisation for the following year.

(3) The estimates prepared under clause (2) of this article shall be laid before Parliament by the President under clause (1) of this article without revision but with any recommendations that the Government may have on them.

(4) At any time before Parliament considers the estimates of revenues and expenditure laid before it by or on the authority of the President, an appropriate committee of Parliament may discuss and review the estimates and make appropriate recommendations to Parliament.

(5) Notwithstanding the provisions of clause (1) of this article, the President may cause to be prepared and laid before Parliament—
(a) fiscal and monetary programmes and plans for economic and social development covering periods exceeding one year;
(b) estimates of revenues and expenditure covering periods exceeding one year.

(6) Parliament may make laws for giving effect to the provisions of this article.

Article 156 Uganda Constitution 1995

Appropriation Bill

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

(2) If in respect of any financial year it is found—
(a) that the amount appropriated for any purpose under the Appropriation Act is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Act; or
(b) that any monies have been expended for any purpose in excess of the amount appropriated for that purpose 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 down before Parliament and in the case of excess expenditure, within four months after the money is spent.

(3) Where, in respect of any financial year, a supplementary estimate or supplementary estimates have been approved by Parliament in accordance with clause (2) of this article, a supplementary Appropriation Bill shall be introduced into Parliament in the financial year next following that financial year to which the estimates relate, providing for the appropriation of the sums so approved for the purposes specified in those estimates.

Article 157 Uganda Constitution 1995

Contingencies Fund

Parliament shall make provision for the establishment of a Contingencies Fund and shall make laws to regulate the operations of that fund.

Article 158 Uganda Constitution 1995

Offices the remuneration of which is charged on the Consolidated Fund

(1) Where any salary or allowance of the holder of any office is charged on the Consolidated Fund, it shall not be altered to his or her disadvantage after he or she has been appointed to that office.

(2) Subject to the provisions of this Constitution, Parliament shall prescribe the offices, the salaries and allowances in respect of which are charged on the Consolidated Fund by this Constitution.

Article 159 Uganda Constitution 1995

Power of Government to borrow or lend

(1) Subject to the provisions of this Constitution, Government may
borrow from any source.

(2) Government shall not borrow, guarantee, or raise a loan on behalf
of itself or any other public institution, authority or person except as
authorised by or under an Act of Parliament.

(3) An Act of Parliament made under clause (2) of this article shall
provide—
(a) that the terms and conditions of the loan shall be laid before Parliament and shall not come into operation unless they have been approved by a resolution of Parliament; and
(b) that any monies received in respect of that loan shall be paid into the Consolidated Fund and form part of that fund or into some other public fund which is existing or is created for the purpose of the loan.

(4) The President shall, at such times as Parliament may determine, cause to be presented to Parliament such information concerning any loan as is necessary to show—
(a) the extent of the total indebtedness by way of principal and accumulated interest;
(b) the provision made for servicing or repayment of the loan; and
(c) the utilisation and performance of the loan.

(5) Parliament may, by resolution, authorise the Government to enter
into an agreement for the giving of a loan or a grant out of any public fund or
public account.

(6) An agreement entered into under clause (5) of this article shall be laid before Parliament and shall not come into operation unless it has been approved by Parliament by resolution.

(7) For the purposes of this article, the expression “loan” includes any money lent or given to or by the Government on condition of return or repayment and any other form of borrowing or lending in respect of which—
(a) monies from the Consolidated Fund or any other public fund may be used for payment or repayment; or
(b) monies from any fund by whatever name called, established for the purposes of payment or repayment whether in whole or in part and whether directly or indirectly, may be used for payment or repayment.

(8) Parliament may by law exempt any categories of loans from the provisions of clauses (2) and (3) of this article, subject to such conditions as Parliament may prescribe.

Article 160 Uganda Constitution 1995

Public debt

(1) The public debt of Uganda shall be charged on the Consolidated Fund and other public funds of Uganda.

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

Article 146-151 Uganda Constitution 1995

Article 146, 147, 148, 149, 150, and 151 of the Uganda Constitution 1995 are under ‘Judicial Service Commission’ of Chapter 8 of the Constitution. Chapter 8 is titled ‘The Judiciary‘.

Article 146 Uganda Constitution 1995

Judicial Service Commission

(1) There shall be a Judicial Service Commission.

(2) The Judicial Service Commission shall, subject to clause (3) of this article, consist of the following persons who shall be appointed by the President with the approval of Parliament—
(a) a chairperson and a deputy chairperson who shall be persons qualified to be appointed as justices of the Supreme Court, other than the Chief Justice, the Deputy Chief Justice and the Principal Judge;
(b) one person nominated by the Public Service Commission;
(c) two advocates of not less than fifteen years’ standing nominated by the Uganda Law Society;
(d) one judge of the Supreme Court nominated by the President in consultation with the judges of the Supreme Court, the justices of Appeal and judges of the High Court; and
(e) two members of the public, who shall not be lawyers, nominated by the President.

(3) The Attorney General shall be an ex officio member of the commission.

(4) The Chief Justice, the Deputy Chief Justice and Principal Judge shall not be appointed to be chairperson, deputy chairperson or a member of the Judicial Service Commission.

(5) A person is not qualified to be appointed a member of the Judicial Service Commission unless the person is of high moral character and proven integrity.

(6) The office of chairperson shall be full time, and a person shall not engage in private legal practice while holding that office.

(7) Subject to the provisions of this article, a member of the Judicial Service Commission shall vacate his or her office—
(a) at the expiration of four years from the date of his or her appointment but is eligible for reappointment for one more term;
(b) if he or she is elected or appointed to any office determined by Parliament to be likely to compromise the independence of the Judicial Service Commission; or
(c) on being removed by the President; but the President may only remove a member for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence.

(8) There shall be a secretary to the Judicial Service Commission who shall be appointed by the President on the advice of the Public Service Commission.

Article 147 Uganda Constitution 1995

Functions of the Judicial Service Commission

(1) The functions of the Judicial Service Commission are—
(a) to advise the President in the exercise of the President’s power to appoint persons to hold or act in any office specified in clause (3) of this article, which includes power to confirm appointments, to exercise disciplinary control over such persons and to remove them from office;
(b) subject to the provisions of this Constitution, to review and make recommendations on the terms and conditions of service of judges, other judicial officers and staff of the judiciary appointed in accordance with article 148 A of this Constitution;
(c) to prepare and implement programmes for the education of, and for the dissemination of information to judicial officers and the public about law and the administration of justice;
(d) to receive and process people’s recommendations and complaints concerning the judiciary and the administration of justice and, generally, to act as a link between the people and the judiciary;
(e) to advise the Government on improving the administration of justice; and
(f) any other function prescribed by this Constitution or by Parliament.

(2) In the performance of its functions, the Judicial Service Commission shall be independent and shall not be subject to the direction or control of any person or authority.

(3) The offices referred to in clause (1)(a) of this article are—
(a) the office of the Chief Justice, the Deputy Chief Justice, the Principal Judge, a justice of the Supreme Court, a justice of Appeal and a judge of the High Court; and
(b) the office of the Chief Registrar and a registrar.

Article 148 Uganda Constitution 1995

Appointment of other judicial officers

Subject to the provisions of this Constitution, the Judicial Service Commission may appoint persons to hold or act in any judicial office other than the offices specified in article 147(3) of this Constitution and confirm appointments in and exercise disciplinary control over persons holding or acting in such offices and remove such persons from office.

Article 148A Uganda Constitution 1995

Appointment of staff of the judiciary

Notwithstanding article 172(1)(b), the Judicial Service Commission shall be responsible for the appointment, discipline and removal of such staff of the judiciary as may be prescribed by Parliament by law.

Article 149 Uganda Constitution 1995

Judicial oath

Every judicial officer shall, before assuming the duties of his or her office, take and subscribe the oath of allegiance and the judicial oath specified in the Fourth Schedule to this Constitution.

Article 150 Uganda Constitution 1995

Power to make laws relating to the judiciary

(1) Subject to the provisions of this Constitution, Parliament may make laws providing for the structures, procedures and functions of the judiciary.

(2) Without prejudice to clause (1) of this article, Parliament may make laws for regulating and facilitating the discharge by the President and the Judicial Service Commission of their functions under this Chapter.

Article 151 Uganda Constitution 1995

Interpretation

In this Chapter, unless the context otherwise requires, “judicial officer” means—
(a) a judge or any person who presides over a court or tribunal howsoever described;
(b) the Chief Registrar or a registrar of a court;
(c) such other person holding any office connected with a court as may be prescribed by law.

Article 137-145 Uganda Constitution 1995

Article 137, 138, 139, 140, 141, 142, 143, 144 and 145 of the Uganda Constitution 1995, with others, are under Chapter 8 of the Constitution. Chapter 8 is titled ‘The Judiciary‘.

Article 137 Uganda Constitution 1995

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.
(3) A person who alleges that—
(a) 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.

(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.

Article 138 Uganda Constitution 1995

High Court of Uganda

(1) The High Court of Uganda shall consist of—
(a) the Principal Judge; and
(b) 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.

Article 139 Uganda Constitution 1995

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.

Article 140 Uganda Constitution 1995

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.

Article 141 Uganda Constitution 1995

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.

(2) Where—
(a) the office of Principal Judge is vacant; or
(b) 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.

Article 142 Uganda Constitution 1995

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.

(2) Where—
(a) 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.

(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.

Article 143 Uganda Constitution 1995

Qualifications for appointment of judicial officers

(1) A person shall be qualified for appointment as—
(a) 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;
(b) 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 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;
(c) 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;
(d) 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;
(e) 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.

Article 144 Uganda Constitution 1995

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.

(2) A judicial officer may be removed from office only for—
(a) 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.

(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 should not be removed.

(7) For the purposes of this article, “judicial officer” means the Chief Justice, the Deputy Chief Justice, the Principal Judge, a justice of the Supreme Court, a justice of Appeal or a judge of the High Court.

Article 145 Uganda Constitution 1995

Registrars

(1) There shall be in the judiciary the office of Chief Registrar and such number of registrars as Parliament may by law prescribe.

(2) The Chief Registrar and a registrar shall be appointed by the President on the advice of the Judicial Service Commission.

Article 126-136 Uganda Constitution 1995

Article 126, 127, 128, 129, 130, 131, 132, 133, 134, 135 and 136 of the Uganda Constitution 1995, with others, are under Chapter 8 of the Constitution. Chapter 8 is titled ‘The Judiciary‘.

Article 126 Uganda Constitution 1995

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.

Article 127 Uganda Constitution 1995

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.

Article 128 Uganda Constitution 1995

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.

Article 129 Uganda Constitution 1995

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.

Article 130 Uganda Constitution 1995

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.

Article 131 Uganda Constitution 1995

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) Parliament shall by law, prescribe the grounds and procedure that every political party or organisation must follow before terminating a person’s membership to a political party or organisation.
(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.

Article 132 Uganda Constitution 1995

Jurisdiction of the Supreme Court

(1) The Supreme Court shall be the final court of appeal.
(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.

Article 133 Uganda Constitution 1995

Administrative functions of the Chief Justice

(1) The Chief Justice—
(a) shall be the head of the judiciary and shall be responsible for the administration and supervision of all courts in Uganda; and
(b) 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.

Article 134 Uganda Constitution 1995

Court of Appeal of Uganda

(1) The Court of Appeal of Uganda shall consist of—
(a) the Deputy Chief Justice; and
(b) 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.

Article 135 Uganda Constitution 1995

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.

Article 136 Uganda Constitution 1995

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.

(2) Where—
(a) the office of the Deputy Chief Justice is vacant;
(b) the Deputy Chief Justice is acting as Chief Justice; or
(c) 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.

Article 120-125 Uganda Constitution 1995

Article 120, 121, 122, 123, 124, and 125 of the Uganda Constitution 1995, among others, are under Chapter 7 of the Constitution. Chapter 7 is titled ‘The Executive‘.

Article 120 Uganda Constitution 1995

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.

Article 121 Uganda Constitution 1995

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) The President may, on the advice of the committee—
(a) grant to any person convicted of an offence a pardon either free or subject to lawful conditions;
(b) 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;
(c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or
(d) 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.

Article 122 Uganda Constitution 1995

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.

Article 123 Uganda Constitution 1995

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.

Article 124 Uganda Constitution 1995

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.

Article 125 Uganda Constitution 1995

National Planning Authority

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

Article 111-119 Uganda Constitution 1995

Article 111, 112, 113, 114, 115, 116, 117, 118, and 119 of the Uganda Constitution 1995 is under ‘The Cabinet’ of Chapter 7 of the Constitution. Chapter 7 is titled ‘The Executive‘.

Article 111 Uganda Constitution 1995

The Cabinet

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

(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.

Article 112 Uganda Constitution 1995

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) The Cabinet shall regulate the procedure of its meetings.

Article 113 Uganda Constitution 1995

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.

Article 114 Uganda Constitution 1995

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 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.

Article 115 Uganda Constitution 1995

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.

Article 116 Uganda Constitution 1995

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.

Article 117 Uganda Constitution 1995

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.

Article 118 Uganda Constitution 1995

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) incompetence.

(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.

Article 119 Uganda Constitution 1995

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 Government is a party or in respect of which the Government has an interest;
(c) to represent the Government in courts or any other legal proceedings to which the Government is a party; and
(d) 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.

Article 119A Uganda Constitution 1995

Deputy Attorney-General

1. There shall be a Deputy Attorney General who shall be a Minister appointed by
the President under article 114 with the approval of Parliament.

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

3. The Deputy Attorney General shall deputise for the Attorney General.