Constitution of Uganda

Last updated
Constitution of the Republic of Uganda, 1995
Coat of arms of Uganda.svg
Overview
Jurisdiction Uganda
Ratified 22 September 1995
Date effective 8 October 1995
System Unitary presidential republic
Government structure
Branches Three
Chambers Unicameral (Parliament)
Executive President
Judiciary Supreme Court
History
Amendments 4
Last amended5 January 2018
Author(s)Uganda Constitutional Commission
SupersedesConstitution of the Republic of Uganda, 1967
Full text
Wikisource-logo.svg Constitution of the Republic of Uganda at Wikisource

The Constitution of Uganda is the supreme law of Uganda. The fourth and current constitution was promulgated on 8 October 1995. It sanctions a republican form of government with a powerful President.

Contents

The first Constitution was adopted in 1962 only to be replaced 4 years later in 1966. The 1966 Constitution, passed in a tense political environment and without debate, was replaced in 1967. Before it was succeeded by the 1995 Constitution, the 1967 Constitution suffered various periods of suspension, either in full or in part.

In 2005, the Constitution was amended to provide for a multi-party political system.

First constitution (1962–1966)

The first constitution of Uganda was the product of the Ugandan Constitutional Conference and took effect at the moment of independence (9 October 1962). It provided for a system of Parliamentary democracy underpinned by constitutional supremacy. [1] It provided for a complex system of devolution within Uganda: the Kingdom of Buganda gained particularly strong powers of self-government; [1] [2] the Kingdoms of Bunyoro, Acoli, Tooro and Ankole, and the Territory of Busoga also gained the status of "federal states" and were permitted to retain their own legislatures; while the remaining districts and the territory of Mbale were controlled directly by the central government. [1] The 1962 constitution provided for most members of Parliament to be elected directly. The sole exception to this rule was Buganda, where MPs were selected by an electoral college made up of members of the Lukiiko (Buganda's own sub-national Parliament). [2]

The 1962 constitution was amended three times: first, and most importantly, it was amended in 1963 to replace Queen Elizabeth II (represented by the Governor-General of Uganda, Sir Walter Coutts) as the head of state with the largely ceremonial position of President, elected from among the traditional rulers and constitutional heads of districts; in 1964 it was amended to make minor changes to the date on which the Legislative Assembly of the Kingdom of Tooro should stand dissolved; and in January 1965 it was amended for a third and final time to give effect to the outcome of the lost counties referendum. [3]

From 1963 to 1966, Uganda was referred to as the 'Sovereign State of Uganda', because of the strong monarchical element in the Ugandan constitutional set-up.

Second constitution (1966–1967)

In February 1966, during the political crisis that surrounded the gold scandal, the then Prime Minister (and Head of Government) Milton Obote suspended the first constitution, [3] [4] making himself both Head of State and Head of Government shortly after. [1] On 15 April a new constitution was promulgated. [3] [4] This invisible "pigeonhole constitution" (so named because copies of it were posted in the pigeonholes of Members of Parliament [5] ) was overtly intended as a temporary measure "until such time as a Constituent Assembly established by Parliament enacts a Constitution in place of this Constitution". [3] While repeating verbatim many aspects of the 1962 constitution, the 1966 constitution relabelled the position of leader of the party having the greatest numerical strength in the National Assembly as the "President". [3] The 1966 constitution also downgraded the status of Buganda to bring it into line with the status of the other historic kingdoms, for example by retracting Buganda's previous privilege of indirectly, rather than directly, electing members to the Ugandan Parliament [3] and abolishing the High Court of Buganda. [2] [4] Buganda refused to accept the new constitution, resulting in the exile of the Kabaka Mutesa II (who until the crisis had been serving as Uganda's first President) and the postponement of national elections under 1971. [1] [4] The first amendment to the 1966 constitution came into force on 3 June 1966, bringing Buganda into even closer alignment with the kingdoms of Bunyoro, Acoli, Tooro and Ankole, but downgrading Busoga to the status of a district. [3]

Third constitution (1967–1995)

This constitution renamed Uganda as the 'Republic of Uganda'.

The third constitution was promulgated on 8 September 1967 following three months of debate by a Constituent Assembly formed of members of the National Assembly. [2] It was, in real terms, an amended version of the 1966 constitution [2] but abolished all traditional rulers and all local legislatures [4] and considerably expanded the power of the executive (at that time headed by Obote) at the expense of the legislature. [1] Although the constitution notionally gave rise to a Parliamentary democracy, in practice the National Assembly had little influence. [1] In 1969, the UPC was formally declared to be Uganda's only official party to create a one-party state. [1]

The third constitution was partially suspended under Idi Amin by virtue of Legal Notice No. 1 of 1971 [2] [4] and largely ignored during his presidency. [2] In particular, since the notice suspended Article 1 (supremacy of the constitution), it paved for the way for Amin to rule by decree. [6] Further constitutional changes by made by the Constitution (Modification) Decree No. 5 of 1971, which provided that all executive powers were to be exercisable by Chairman of the Defence Council (a title Amin himself held) [7] and the Parliament (Vesting of Powers) Decree No. 8 of 1971, which vested legislative powers in Amin and his council of Ministers. [6]

The legal status of the 1967 constitution following Amin's overthrow in 1979 was not clear. [2] Legal Notice No. 1 of 1979 nullified Legal Notice No. 1 of 1971, and fundamentally recognised the 1967 Constitution as once again supreme, but also suspended parts of it and transferred numerous executive powers to incoming President Yusuf Lule. [6] [8] All legislative powers referred to in the Constitution were to be vested in the National Consultative Council (NCC) until such a time as a Legislative Assembly could be elected. [7] Despite this, the NCC favoured going further and abandoning the 1967 Constitution altogether. [2] This disagreement contributed to the NCC replacing Lule with Godfrey Binaisa in June 1979. [2] Shortly after, Legal Notice No. 5 of 1980 provided for the establishment of a Presidential Commission. It expressly provided that "where any conflict arises between the provisions of this Proclamation and the provisions of the Constitution of Uganda or any other written law, the provisions of this Proclamation shall prevail". [7]

The 1967 Constitution was formally revived by Obote on his return to power in late 1980, [1] but following his overthrow by Bazilio Olara-Okello in July 1985, the constitution was suspended once more. [9] On seizing power in 1986, the National Resistance Army, under the leadership of Yoweri Museveni, confirmed that the 1967 constitution was supreme but partially suspended. [2] [6] In particular, the provisions in the constitution relating to the existence of a national Parliament and the election of the President were suspended for four years (later extended to eight). [2] The detail of this suspension was set out in Legal Notice No. 1 of 1986, [2] which nullified Legal Notice No. 1 of 1979 and invested executive powers in Museveni directly. [7]

Fourth constitution (1995–present)

In 1988, the National Resistance Council established the Uganda Constitutional Commission and tasked it with reviewing the 1967 constitution and developing a new constitution. [2] [10] The mandate of the commission was to consult the people and make proposals for a democratic permanent constitution based on national consensus. [10] In its final report of December 1992, the Commission recommended that the new constitution be agreed by a mostly-elected Constituent Assembly. Elections to the Constituent Assembly took place in March 1994. [10]

The output of that process, Uganda's fourth constitution, dated 22 September 1995, was adopted by the Assembly on 27 September [10] and promulgated on 8 October. [2] Much more detailed than the previous constitutions, [2] it sanctions a republican form of government with a powerful President. Compared to the 1967 constitution, however, the 1995 constitution more overtly attempts to achieve a balance of power between the executive, legislature, and other bodies whose independence is guaranteed by the constitution. [5] For example, under the latter, ministerial appointments and government borrowing must be approved by Parliament; and the civil service is appointed by the independent Public Services Commission and Judicial Service Commission. [5] The President no longer has the power to dissolve Parliament and Parliament can override a presidential veto with a two-thirds majority. [5] The 1995 constitution stresses the notion of an independent judiciary, with the Supreme Court as the final court of appeal. [5]

The 1995 Constitution of Uganda has restored all the traditional monarchies, except for the Kingdom of Ankole, but limits the Ugandan monarchs' powers to cultural matters only.

Amendments in 2005 removed presidential term limits and legalized a multi-party political system. However, amendments were made and the new presidential term limits were removed in 2018.

Pursuant to Article 102, a person to qualify for election as president must be a citizen of Uganda by birth, not younger than thirty-five and qualified to be a member of Parliament. [11]

Related Research Articles

The history of Uganda comprises the history of the people who inhabited the territory of present-day Uganda before the establishment of the Republic of Uganda, and the history of that country once it was established. Evidence from the Paleolithic era shows humans have inhabited Uganda for at least 50,000 years. The forests of Uganda were gradually cleared for agriculture by people who probably spoke Central Sudanic languages.

<span class="mw-page-title-main">Milton Obote</span> President of Uganda (1966–1971; 1980–1985)

Apollo Milton Obote was a Ugandan politician who led Uganda to independence from British colonial rule in 1962. He served as the second prime minister of Uganda from 1962 to 1966 and later as the second president of Uganda from 1966 to 1971 and from 1980 to 1985.

<span class="mw-page-title-main">History of Uganda (1963–1971)</span>

The history of Uganda from 1963 through 1971 comprises the history of Uganda from Ugandan independence from the United Kingdom to the rise of the dictator Idi Amin.

<span class="mw-page-title-main">History of Uganda (1979–1986)</span>

The History of Uganda from 1979 to 1986 comprises the history of Uganda since the end of the dictatorship of Idi Amin. This period has seen the second rule of Milton Obote and the presidency of Yoweri Museveni since 1986, in which Ugandan politics have been dominated by the National Resistance Movement.

<span class="mw-page-title-main">Mutesa II of Buganda</span> Kabaka of the Kingdom of Buganda from 1939 to 1969

Sir Edward Frederick William David Walugembe Mutebi Luwangula Muteesa II was Kabaka of the Kingdom of Buganda in Uganda from 22 November 1939 until his death. He was the thirty-fifth Kabaka of Buganda and the first president of Uganda from 1962-1966 when he was overthrown by Milton Obote. The foreign press often referred to him as King Freddie, a name rarely used in Uganda. An ardent defender of Buganda's interests, especially its traditional autonomy, he often threatened to make the kingdom independent both before and after Uganda's independence to preserve it. These firm convictions also later led to conflicts with his erstwhile political ally Milton Obote, who would eventually overthrow him.

<span class="mw-page-title-main">Yusuf Lule</span> Fourth president of Uganda (1912–1985)

Yusuf Kironde Lule was a Ugandan professor and civil servant who served as the fourth president of Uganda between 13 April and 20 June 1979.

<span class="mw-page-title-main">Uganda People's Congress</span> Political party in Uganda

The Uganda People's Congress is a political party in Uganda.

<span class="mw-page-title-main">Coat of arms of Uganda</span> National coat of arms of the Republic of Uganda

The coat of arms of Uganda was adopted three weeks before the proclamation of independence by the Uganda Legislative Council. On 1 October 1962 the arms were approved by Governor of Uganda Walter Coutts, and formally established by law on 9 October.

<span class="mw-page-title-main">Benedicto Kiwanuka</span> Ugandan Prime Minister

Benedicto Kagimu Mugumba Kiwanuka was the first prime minister of Uganda, a leader of the Democratic Party, and one of the persons that led the country in the transition between colonial British rule and independence. He was murdered by Idi Amin's regime in 1972.

<span class="mw-page-title-main">Princess Elizabeth of Tooro</span> Ugandan politician

Princess Elizabeth of Tooro was the Batebe of the Kingdom of Tooro until September 12, 1995 when she was succeeded by Omubiitokati Ruth Nsemere Komuntale. She is a Ugandan lawyer, politician, diplomat, and model. She was the first East African woman to be admitted to the English Bar. She is a paternal aunt of (Isenkati) the Omukama of Tooro, Rukidi IV. She briefly served as Minister of Foreign Affairs under President Idi Amin from February to November 1974.

The Buganda Crisis, also called the 1966 Mengo Crisis, the Kabaka Crisis, or the 1966 Crisis, domestically, was a period of political turmoil that occurred in Buganda. It was driven by conflict between Prime Minister Milton Obote and the Kabaka of Buganda, Mutesa II, culminating in a military assault upon the latter's residence that drove him into exile.

<span class="mw-page-title-main">Leader of the Opposition (Uganda)</span>

In Uganda, the Leader of the Opposition (LOP) is the leader of the largest political party in the Parliament of Uganda that is not in government. The Leader of the Opposition appoints and heads an alternative shadow cabinet whose duty it is to challenge and influence governmental actions and legislation on the floor of Parliament.

Jehoash Ssibakyalyawo Mayanja Nkangi or Joash Mayanja Nkangi was a Ugandan lawyer, civil servant and politician. At the time of his death, he was the immediate past chairman of the Uganda Land Commission. He previously served as a cabinet minister in several ministries in the Cabinet of Uganda.

Daudi Ochieng, sometimes styled Ocheng, was a Ugandan politician, who served as secretary general of the Kabaka Yekka (KY) party and Opposition Chief Whip. In 1965–6, his allegations – crystallised in a motion he put before Parliament on 4 February 1966 – that then-Prime Minister Milton Obote and deputy commander of the Ugandan army Idi Amin had been complicit in the looting and misappropriation of gold, ivory and cash by Congolese rebels precipitated the Gold Scandal.

Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu, [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen's "General Theory on Law and State" and the Political Question Doctrine were considered in determining the legal validity of Uganda's 1966 Constitution. The 1966 Constitution had come into place following what was by and large, a coup d'état executed by Apollo Milton Obote when he seized all powers of government and suspended Uganda's 1962 Independence Constitution, eventually leading to its abolition.

<span class="mw-page-title-main">Basil Kiiza Bataringaya</span> Ugandan politician

Basil Kiiza Bataringaya was a prominent Ugandan politician in post-independence Uganda. He was the Leader of the Opposition at the beginning of the Apollo Milton Obote government, and then he changed parties and was appointed to the powerful role of Ugandan Minister of Internal Affairs. He was imprisoned, tortured, and was one of the first political prisoners to be executed by the Idi Amin regime.

<span class="mw-page-title-main">Grace Ibingira</span> Ugandan lawyer and politician

Grace Stuart Katebariirwe Ibingira was a Ugandan lawyer and politician.

Cuthbert Joseph Obwangor was a longtime Ugandan minister and legislator. He was a minister and a political prisoner for the Apollo Milton Obote regime after he opposed Obote's extension of power while Obwangor was a minister.

<span class="mw-page-title-main">A. G. Mehta</span> Ugandan politician (1927-1969)

A. G. Mehta was a Ugandan member of parliament, barrister and the eldest son of a prominent Indian industrialist. The Honourable A.G. Mehta was elected as the first Asian-Indian mayor of Uganda's capital Kampala in 1968 and was a close colleague of Uganda's first prime minister Milton Obote; with whom he jointly fought for the country's independence at the Uganda Constitutional Conference in 1961. He is credited with drafting elements of what would become the first Constitution of Uganda.

References

  1. 1 2 3 4 5 6 7 8 9 Uzoigwe, G. N. (1983). "Uganda and Parliamentary Government". The Journal of Modern African Studies. 21 (2): 253–271. doi:10.1017/s0022278x00023260. JSTOR   160775.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Mukholi, David (1995). A Complete Guide to Uganda's Fourth Constitution: History, Politics, and the Law. Fountain Publishers. ISBN   978-9970-02-084-3. Archived from the original on 2018-04-14. Retrieved 2018-04-14.
  3. 1 2 3 4 5 6 7 Morris, H. F. (1966). "The Uganda Constitution, April 1966". Journal of African Law. 10 (2): 112–117. doi:10.1017/s0021855300004575. JSTOR   744686.
  4. 1 2 3 4 5 6 Jørgensen, Jan Jelmert (1981). Uganda: a modern history. Taylor & Francis. pp. 229–231, 279. ISBN   978-0-85664-643-0. Archived from the original on 2019-12-22. Retrieved 2018-04-14.
  5. 1 2 3 4 5 Rukare, Donald. "Constitutional Implementation 20 Years Later: The Uganda Report Card". In Fombad, Charles Manga (ed.). The Implementation of Modern African Constitutions: Challenges and prospects (PDF). Archived (PDF) from the original on 2018-04-14. Retrieved 2018-04-14.
  6. 1 2 3 4 Bruno, Ayebare (16 June 2016). "Constitutional Law Notes II". ayebarebruno.blogspot.co.uk. Archived from the original on 30 April 2018. Retrieved 29 April 2018.
  7. 1 2 3 4 Sekindi, Fredrick Derek (27 May 2015). "A Critical Analysis of the Legal Construction of the Presidency in Post-1995 Uganda" (PDF). Brunel University. Archived (PDF) from the original on 30 April 2018. Retrieved 29 April 2018.
  8. ↑ The Report of the Uganda Constitutional Commission: Analysis and Recommendations. Uganda Constitutional Commission. 1993. p. 317. Archived from the original on 2022-02-07. Retrieved 2018-04-29. A Proclamation in legal Notice No. 1 of 1979, suspected Chapters IV and V of the Constitution. Legal Notice No. 1 of 1971 was nullified.
  9. ↑ "Ugandan Officers Suspend Constitution". New York Times. 29 July 1985. Archived from the original on 14 April 2018. Retrieved 14 April 2018.
  10. 1 2 3 4 "Constitutional history of Uganda". ConstitutionNet. Archived from the original on 14 April 2018. Retrieved 13 April 2018.
  11. ↑ "Uganda". India Lawyers - India Law/Indian Lawyer, Online Legal Solutions of India Law Firm Lawyers. Archived from the original on 2021-11-15. Retrieved 2021-11-15.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.