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OPPOSITION PROPOSALS TO:

Bill for an Act

ENTITLED THE CONSTITUTION (AMENDMENT) ACT, 2015.

An Act to amend the Constitution to provide for a Judicial Service Commission to identify and appoint Commissioners to the Electoral Commission; to increase the number of members of the Electoral Commission; to provide for a Deputy President to be the running mate of a candidate for President; to provide for Presidential term limits; to provide for more time to prepare and file a petition challenging a presidential election; to provide for presidential candidates that garner five percent votes in the country opportunity to contribute to national building; to provide for the qualifications of the Inspector General of Police; and for related matters.

BE IT ENACTED by Parliament as follows:

1. Amendment of article 61 of the Constitution

Article 61 of the Constitution is amended-

(a) In clause (1) (f) by inserting immediately after the word polling, the words immediately but in any case not later than ten days from the date of receipt of the complaint before close of the polling.”

(b) In clause (2) by substituting for the words “ninety days”, the words “one hundred and twenty days”.

Justification

(a)

To provide the period within which the Electoral Commission should determine complaints filed before or during polling.

(b)

To provide for a longer period within which elections shall be conducted.

2. Amendment of article 67 of the Constitution

Article 67 of the Constitution is amended in clause (1) by substituting the following-

“(1) The Electoral Commission shall ensure that presidential and parliamentary elections are held on the second Monday of January of the year of general elections”

Justification

To achieve certainty of the date of elections for proper planning of all stakeholders in the Presidential and Parliamentary Elections

3. Amendment of article 78 of the Constitution

Article78 of the Constitution is amended in clause (1)-

(a)

In paragraph (c) by deleting the word “army”.

(b)

In clause (d) by substituting the following-

“(d) the Majority Leader, Minority Leader ,a representative of political party or organization, independent candidate that participated in the preceding general election and obtained at least five percent of the total votes cast except the winning party. c) Inserting a new paragraph after article 78(1)(d) the following. Ministers, who shall be ex-officio members of Parliament without a right to vote in Parliament.”

(c)

By inserting immediately after clause (3) a new clause (3a) as follows-

“(3a) the representatives referred to in clause (1)(c) of this article shall be elected on the basis of universal adult suffrage

Justification:

a) To remove the army from partisan politics;

b) To enhance the principle of separation of powers;

c) The party representatives in Parliament are essential for purposes of national harmony, all-inclusiveness and consultations of national leadership.

d) To ensure that representatives of interest groups have got a popular and full mandate of the groups they represent.

4. Amendment of article 79 of the Constitution Article 79 of the Constitution is amended by inserting immediately after clause (3), the

following-

“(4) In the performance of its functions, Parliament shall, notwithstanding any provision of this Constitution, be independent and shall not be subject to the direction or control of any person or authority.

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

Justification:

To guarantee the independence of Parliament in the exercise of its legislative mandate.

5. Insertion of a new article 82A The Constitution is amended by inserting immediately after article 82 the following-

“82A Speaker’s Panel (1) There shall be in Parliament a Speaker’s panel consisting of three assistant Speakers nominated by the Speaker from among the members of Parliament; one of whom shall be from the minority side of the house, with the approval of

at least two-thirds of all members of Parliament. (2) A person shall not qualify for nomination as an assistant Speaker if he or she is an ex-officio Member of Parliament. (3) Parliament shall by law prescribe the following in respect of the assistant

Speakers-

(a)

their status;

(b)

their role and functions; and

(c)

the benefits and privileges attached to this office.”

Justification:

To provide for the creation of the speaker’s panel for easy delivery of services in parliament, smooth operations, advisory organ to the

6. Amendment of article 82A of the Constitution

Article 82A of the Constitution is amended-

(a) by renumbering article 82A as article 82B

(b) In the head note by substituting the following-

“82A.Minority leader”

(c) in clause (1) by substituting for the words “leader of the Opposition” , the words, “Minority Leader” (d) in clause (2) by substituting for the words “leader of the Opposition” , the words, “Minority Leader”

Justification

(a) To enable the chronological flow of the provisions by inserting the Speaker’s Panel just after the provision of the Speaker and Deputy Speaker

To change the derogatorytitle of Leader of the Opposition to Minority Leader

7. Amendment of article 87 of the Constitution Article 87 of the Constitution is amended by substituting for clause (1), the

following-

(b) “(1) There shall be a public officer qualified to be permanent secretary, designated Clerk to Parliament appointed by the President acting on the

recommendation of the Parliamentary Commission and with the approval of Parliament.”

Justification:

To enable Parliament participate in the appointment of the Clerk to Parliament and enhance separation of powers.

8. Amendment of article 94 of the Constitution.

Article 94 of the Constitution is amended by inserting immediately after clause (1) the

following-

“(1a) The Rules of Procedure made under clause (1) of this article shall have the force of Acts of Parliament”

Justification

The manner of enactment of the Rules of Procedure qualifies them to be principle legislation different from the ordinary rules.

9. Amendment of article 97 of the Constitution

Article 97 of the Constitution is amended-

(a) By inserting immediately after sub clause (1), the following-

“(2) A person exercising legislative functions acting in good faith shall not be liable to any action or suit for any act or omission by that person in the exercise of legislative functions.”

Justification:

To cloth a person exercising legislative functions with parliamentary immunity.

10.Amendment of article 98 of the Constitution.

Article 98 of the Constitution is amended-

In clause (2) by substituting the words “Vice-President”, the words “Deputy President”

Justification:

There is a proposal to have a running mate for the President who shall be the Deputy President

11.Amendment of article 99 of the Constitution

Article 99 of the Constitution is amended-

(a) In clause (5) by inserting the words “deputy President” immediately after the words “signature of” in line three of the clause. (b) Insert immediately after clause (5), the following- “Parliament shall make a law to regulate the exercise of the Authority of the President under this article”

Justification

1. Consequential amendment;

2. To mandate Parliament to by law regulate the exercise of Presidential authority.

12.Amendment of article 100 of the Constitution

Article 100 of the Constitution is amended-

By substituting for the words, Vice-President”, the words “Deputy- President”.

Justification:

There is a proposal to have a running mate for the President who shall be the Deputy President.

13. Amendment of article 103 of the Constitution

Article 103 of the Constitution is amended in clause (2) by inserting immediately after paragraph (b), the following-

“(c) Notwithstanding paragraph (a), a person applying for nomination as a Presidential candidate under this article shall at the time of nomination submit to the electoral Commission a name of a person qualified to be elected President who shall be the running mate and Deputy President”

Justification

To secure a Deputy President who has full mandate

14.Amendment of article 104 of the Constitution

Article 104 of the Constitution is amended-

(a) In clause (1) by inserting the words “political party or organization or

after the words “aggrieved candidate” (b) In clause (2) by substituting for the words “ten days”, the words “twenty one days” (c) In clause (3) by substituting for the words “thirty days”, the words “forty five days

voter”

Justifications:

1) To allow an aggrieved political party or organization and a voter to petition the Supreme Court

2) To give the Supreme Court reasonable time to consider the Presidential election petition.

15.Amendment of article 105(2) of the Constitution.

Article 105 of the Constitution is amended in clause (2) by substituting the following;

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

Justification.

To reinstate the term limits of the office of the President for good governance, peace and tranquility.

16.Amendment of article 108 of the Constitution.

Article 108 of the Constitution is amended by substituting for article 108, the

following-

“108. Deputy President.

(1) There shall be a Deputy President of Uganda. (2) The Deputy President shall- (a) deputise for the President; (b) Assume office of the President upon the death or resignation of the President; (c) Nominate to parliament a new Deputy President upon assuming office as the President. (d) perform such other functions as may be assigned to him or her by the President or as may be conferred on him or her by an Act of Parliament; (3) the qualifications prescribed for the President by article 102 of this Constitution shall apply to the Deputy President.

(4) The term of office of Deputy President shall run from the date of swearing in of the Deputy President and shall end- (a) When the President’s term of office expires unless the office is vacated in accordance with this Constitution; or (b) On resignation, death or removal from office of the Deputy President.

(5) Article 107 of the Constitution on the removal of the President shall with the necessary modifications apply to the Deputy President.

(6) Article 106 of the Constitution on terms and conditions of service of the President shall, with the necessary modifications apply to the Deputy President.

(7)

Where the office of the Deputy President becomes vacant, the President shall with the approval of at least two-thirds of all the members of Parliament and as soon as possible but in any case not later than fourteen days appoint a person qualified to hold the office of Deputy President.

(8)

The Deputy President shall before commencing to perform the functions of the Deputy President, take and subscribe the oath of allegiance and the oath of Deputy President specified in the fourth Schedule to this Constitution.

Justifications:

(a)

To guarantee that a person who deputizes a President has full mandate of the people.

(b)

To provide for the Deputy President

(c)

To provide for the removal of the Deputy President

(d)

To provide for the terms and conditions of service

17.Amendment to article 108A of the Constitution

Article 108A of the Constitution is amended by

a)

substituting the head note the words ‘Prime Minister’ Leader”

with words “ Majority

b)

In clause (1) by substituting the following-

“(1) there shall be a majority leader in Parliament who shall be appointed by the President from among members of Parliament or persons qualified to be elected members of Parliament.

c)

In clause (2) by substituting the following-

The Majority Leader shall

i) be the Leader of Government Business in Parliament and be responsible for the coordination and implementation of Government policies across Ministries,

ii)

perform such other functions as may be assigned to him or her by the President.

d) by deleting clause (3)

e) by substituting for clause (4) the following

The office of the Majority leader shall become vacant if-

i. the appointment is revoked by the President.

ii. The incumbent resigns or dies,

iii. The incumbent becomes disqualified to be a Member of Parliament.

iv. The majority party ceases to have the numerical strength in Parliament.

v. Censured by Parliament.

vi. Serving a custodial sentence of more than six months by a court of competent jurisdiction.

f) by substituting for clause (5) the following

the words “Prime Minister” “Majority Leader”

wherever such words appear with the words

g) by deleting clause (6)

Justification:

To stream line the Office of the Majority Leader in parliament and avoid duplication of roles and duties arising from the existence of the Office of the President, Deputy President, Leader of Government Business.

18.Amendment of article 111 of the Constitution

Article 111 of the Constitution is amended-

(a) In clause 1, by substituting the following-

“(1) There shall be a cabinet which shall consist of the President, Deputy President and such a number of Ministers of Cabinet not being more than twenty-one.

(b) By inserting a new clause (1a) to read as follows:

“(1a) The members of cabinet referred to in clause (1), shall be appointed by the President from persons who are qualified to be Members of Parliament but are not elected members of Parliament.”

Justification:

To cut down on the public expenditure.

19.Amendment of article 112 of the Constitution

Article 11 of the Constitution is amended by substituting for the word “vice President” the word “Deputy President”

Justification:

Consequential amendment.

20.Amendment of article 113 of the Constitution

Article 113 of the Constitution is amended-

a) In clause (1) by deleting the words “ among members of Parliament or

b) In clause (2) by deleting the words “except with the approval of Parliament”

Justification:

To enhance the principle of separation of powers

21.Amendment of article 114 of the Constitution

Article 114 of the Constitution is amended

a) Substituting the words “other Ministers” with the words “Deputy Ministers” in the head note.

b) in clause (3) by deleting the words “except with the approval of Parliament”

Justification:

To enhance the principle of separation of powers

22.Amendment of article 119 of the Constitution

Article 119 of the Constitution is amended-

(a) In clause (1) by substituting the following-

“(1) there shall be an Attorney General who shall be, of a person qualified to be a high Court Judge, appointed by the President on the recommendation of the Judicial Service Commission.

(b) By inserting a new clause (3a) immediately after clause (3) to read as follows-

“(3a) The Attorney General shall be appointed for a non-renewable term of seven years”

c) By inserting a new clause (3b) immediately after clause (3) to read as follows-

The Attorney General shall have the same terms and conditions of service as those of the High Court Judge.

Justification:

To enhance the principle of separation of powers and avoid having subjective opinion.

23.Amendment of article 119A of the Constitution

Article 119A of the Constitution is amended-

(a)

In clause (1) by substituting the following-

“(1) there shall be a Deputy Attorney General who shall be, of a person qualified to be a high Court Judge, appointed by the President on the recommendation of the Judicial Service Commission.

(b)

By inserting a new clause (3a) immediately after clause (3) to read as follows-

“(3a) The Deputy Attorney General shall be appointed for a non-renewable term of seven years”

d) By inserting a new clause (3b) immediately after clause (3) to read as follows-

The Deputy Attorney General shall have the same terms and conditions of service as Attorney General.

Justification:

To enhance the principle of separation of powers

24.Amendment of article 120 of the Constitution

Article 120 of the Constitution is amended-

(a)

by deleting clause (3)(c)

(b)

by substituting for clause (3)(d) the following-

“(3)(d) To discontinue at any stage before judgment is delivered any criminal proceedings to which this article relates.”

(c)

In clause (4)(a) by-

(i)

inserting immediately after the words “clause (3)(a)”, the word “and”

(ii)

deleting the words “and (c)” immediately after the word “(b)”

(d) by inserting a new clause (8) immediately after clause (7) to read as follows-

“(8) Parliament shall make a law to govern the administration of the Directorate of Public Prosecutions.”

Justification:

(a) To enhance the power of private individuals to carryout private prosecutions without the interference of the DPP.

(b) To ensure that the governance of the Directorate of Public Prosecutions is guided by law.

25.Amendment of article 121 of the Constitution

Article 121 of the Constitution is amended by inserting a new clause (7) to read as

follows-

“(7) Parliament shall make a law to regulate the exercise of the power of prerogative of mercy under this article.”

Justification:

To provide for a law to guide the proper exercise of the prerogative of mercy by the President

26.Amendment of article 130 of the Constitution

Article 130 of the Constitution is amended-

(a) In paragraph (a), by deleting the word “and”;

(b) By inserting a new paragraph (aa) immediately after paragraph (a) to read as

follows-

“(aa) Deputy Chief Justice.”

Justification:

To avoid instances where the decisions of the Deputy Chief Justice in the court of Appeal are revised by the Justices of the Supreme Court who are subordinate to the Deputy Chief Justice

27.Amendment of article 131 of the Constitution

Article 131 of the Constitution is amended in clause 3 by substituting for the words “most senior member of the court as constituted”, the words “Deputy Chief Justice.”

Justification:

Consequential amendment of article 130

28.Amendment of Article 134 of the Constitution

Article 134 of the Constitution is amended-

(a) In clause (1) by substituting for paragraph (a) the following-

“(a) Chairman of Court of Appeal

Justification:

Consequential amendment.

29.Amendment of Article 135 of the Constitution

Article 135 of the Constitution is amended-

(a) In clause (2), by substituting for the words “Deputy Chief Justice” appearing in line 1 and 2, the words “Chairman of Court of Appeal

the words

(b) In clause (3), by substituting for the words “Deputy Chief Justice” “Chairman of Court of Appeal

Justification:

Consequential amendment.

30.Amendment of Article 136 of the Constitution

Article 136 of the Constitution is amended

a) by deleting clause (1)(b)

Justification:

Consequential amendment

b) in clause (2) substituting the words after paragraph (c)

‘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 justice of Appeal designated by the President, after consultation with the Chief Justice or the acting Chief justice, as the case may be”

with words

‘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 most senior justice of the Supreme Court’

Justification:

The Corum of court and its seating is based on seniority thus the most senior person in the absence of the Deputy Chief Justice is the appropriate person to act as the Chief Justice.

31.Amendment of Article 146 of the Constitution.

Article 146 of the Constitution is amended-

(a) In clause (2)-

(i) In paragraph (a), by deleting the words “other than the Chief Justice, the Deputy Chief Justice and the Principal Judge” appearing immediately after the words “the Supreme Court”

(ii)In paragraph (d), by substituting the following “one judge of the Supreme Court nominated by the Justices of the Courts of Judicature”

(b) In Clause (6) by substituting the following-

“(6) The office of the Chairperson, Deputy Chairperson and one other member of the Commission shall be full time and persons occupying those offices shall not engage in private practice while holding office”

Justifications:

(a)

To provide clarity in clause (2)(a)

(b)

To provide for the nomination of a member of the Commission by the Justices of the Courts of Judicature

(c)

For the efficiency of the Commission by employing three members on full time basis.

32.Amendment of Article 165 of the Constitution.

Article 165 of the Constitution is amended by substituting for clause (5), with the

following-

The Chairperson and Deputy Chairperson of the Commission shall hold office for a non-renewable term of seven years while the other members of the Commission shall hold office for a non-renewable term of five years.”

Justifications:

(a)

To increase the term of office of the members of the Commission

(b)

To stagger the term of office of the members of the commission to ensure continuity

33.Amendment of Article 166 of the Constitution:

Article 166 of the Constitution is amended-

(a) In clause (1) by inserting a new paragraph (g) immediately after paragraph (f) to read as follows-

“(g) subject to any other article of this Constitution, the commission shall determine the salaries and allowances of all public officers and other persons whose salaries or allowances are paid from the Consolidated fund”

(b) By inserting a new clause (1a) immediately after the new paragraph (g) to read as follows-

“(1a) In this article, salaries and allowances include gratuity and benefits.

Justification:

To empower the public service Commission to determine the salaries and allowances of all public officers

34.Amendment of Article 167 of the Constitution.

Article 167 of the Constitution is amended by substituting for clause (6), the following-

The Chairperson and Deputy Chairperson of the Commission shall hold office for a non renewable term of seven years while the other members of the Commission shall hold office for a non renewable term of five years.”

Justifications:

(a) To stagger the term of office of the members of the commission to ensure continuity

35.Amendment of Article 172 of the Constitution

Article 172 of the Constitution is amended-

(a) In clause (1) delete paragraph (a) and (b)

(b) In clause (1), by substituting the following-

Subject to the provisions of this Constitution, the Public Service Commission, Education Service Commission or the Health Service Commission as the case may be, shall be responsible for appointment, confirmation of appointments, and the exercise of disciplinary control, including the removal from office of persons holding or acting in any office of the public service of Uganda, other than those referred to in article 200 of this Constitution.

(c) In inserting immediately after clause (2), the following-

“(2a) notwithstanding clause (2), the President shall appoint such staff not exceeding two hundred in accordance to the structure of the personal staff of the President approved by the Public service.

Justifications:

(a)

To empower the Public Service Commission to appoint and exercise disciplinary control of all persons holding office in the public service.

(b)

To enhance transparency in the employment of personal staff of the President

36.Amendment of Article 202 of the Constitution

Article 202 of the Constitution is amended-

(a)

In clause (1), by substituting for the words “the President”, the words, “the Minister responsible for Local Government”

(b)

In clause (2), by substituting for the words “the President” appearing in lines 1 and 2, the words, “the Minister”

(c)

In clause (3), by substituting for the words “the President”, the words, “the Minister”

(d)

In clause (4)(a), by substituting for the words “the President”, the words, “the Minister”

(e) In clause (4)(b)(i) by substituting for the words “the President, the words, “the Minister”

(f) In clause (4)(b)(ii) by substituting for the words “the President, the words, “the Minister”

Justification:

To enable the Minister responsible for Local Government and not the President to take over the administration of districts in special circumstances.

37.Amendment of Article 203 of the Constitution

Article 203 of the Constitution is repealed

Justification:

To abolish the office of the Resident District Commission as it is a duplication of existing offices such as the offices of Chief Administration Officer, District Intelligence Service Officer, and District Police Officer.

38.Amendment of Article 211 of the Constitution

Article 211 of the Constitution is amended by substituting for the head note the

following-

“211. Uganda Police Service”

Justification:

The police is a civil service which ought not to be referred to as a force

39.Insertion of new article 211A

The Constitution is amended by inserting immediately after article 211, the following-

“211A. Parliament to regulate the Uganda Police Service.

Parliament shall make laws regulating the Uganda Police Service and in particular providing for-

(a)

The organs and structures of the Uganda Police Service;

(b)

Recruitment, appointment, promotion, discipline and removal of members of the Uganda Police Service and ensuring that members of the Uganda Police Service are recruited from every district of Uganda;

(c)

Terms and conditions of service of members of the Uganda police service; and

(d)

The deployment of police officers outside Uganda.

(e)

Any other matter for better welfare of Uganda Police services.

Justification:

To provide for the regulation of the police service by Parliament

40.Amendment of Article 213 of the Constitution

Article 213 of the Constitution is amended by inserting a new clause after Clause (2) the following

A person shall not be qualified to be appointed the Inspector General of Police unless has served as a police officer at the rank of the Commissioner for at least ten years.

Justification:

To promote professionalism in the Uganda Police service

41.Amendment of Article 240 of the Constitution

Article 240 of the Constitution is amended-

(a)

In the head note by inserting immediately after the word “District”, the words “or City”

(b)

In clause (1) by inserting immediately wherever the word “district” appears, the words “or City”

In clause (2) by inserting immediately after the word “District”, the words “or City”

Justification:

To grant cities the power to create city land boards.

42.Amendment of article 241 of the Constitution.

Article 241 of the Constitution is amended-

(a)

In the head note by inserting immediately after the word “District”, the words “or City”

(b)

In clause (1) by inserting immediately after the word “District”, the words “or City”

(c)

In clause (1)(a) by substituting the following-

“to hold, manage and allocate any land in the District or City, vested in or acquired by the District or City authority”

(d)

In clause (2) by inserting immediately wherever the word “District” appears, the words “or City”

Justification:

(a)

To provide for the functions of city land boards

(b)

To correct the wrong impression that there is land in Uganda that is not owned by any person or authority.

43.Amendment of article 252 of the Constitution.

Article 252 of the Constitution is amended in clause (3) by substituting for paragraph (a), the following-

“(a) the Deputy President”

Justification:

Consequential amendment

44.Amendment of article 257 of the Constitution.

Article 257 of the Constitution is amended-

(a) By inserting a new definition immediately after paragraph (k), paragraph (ka) to read as

(ka) general elections include Presidential and Parliamentary Elections.

(b) By inserting a new definition immediately after paragraph (u), paragraph (ua) to read as-

“(ua) political organization means any free association, organization of persons or coalition of parties, the objects of which include the influencing of the political process or sponsoring a political agenda whether or not it also seeks to sponsor or offer a platform to a candidate for election to a political office or to participate in the governance of Uganda at any level”

“(ub) political party means a political organization, the objects of which include the influencing of the political process or sponsoring a political agenda whether or not it also seeks to sponsor or offer a platform to a candidate for election to a political office or to participate in the governance of Uganda at any level”

Justification:

To provide the definitions of the words “political party” and “political organization”

45.Amendment of article 260 of the Constitution.

Article 260 of the Constitution is amended in clause (2) (f) by inserting immediately after the words “article 105(1)” the words “articles 105(2), 111, 113, 114,

Justification:

To entrench article 105(2) to provide term limit for the President and certainty to the number of cabinet posts the country should have.