KAMPALA, Uganda The Minister of Defence and Veteran Affairs, Hon. Jacob Oboth Oboth, is set to table before Parliament the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025 legislative proposal aimed at the UPDF Act, Cap. 330.
Clause 30 of the bill introduces Section 117A, defining categories of civilians who may fall under military jurisdiction. The bill has 84 clauses with 143 pages aimed at streamlining the Uganda People’s Defence Forces to establish, among others, a military court and provide exceptional circumstances under which civilians may be subjected to military law and to prescribe the offences for which civilians may be tried by the court martial.
These include:
On Friday, 31 January 2025, the Supreme Court delivered a judgement nullifying with immediate effect the prosecution of all civilians in the General Court Martial and military courts as unconstitutional.
Subsequently, on Tuesday, 04 February 2025, during the sitting of the House, the Attorney General, Kiryowa Kiwanuka, updated Members of Parliament (MPs), saying that his office has provided advice to enable implementation of the court orders.
The Deputy Speaker, Thomas Tayebwa, guided that whereas the Attorney General has given his advice, the matter has already been decided by the court.
We are not making any resolution; I asked him [AG] to give an update. ‘It is a matter that has already been ruled on by the court,” he said, adding that ‘we do not expect any other decision that is going to override the decision of the Supreme Court.’ Tayebwa said.
The Supreme Court ruling was made in response to an appeal by the AG, challenging the 2021 decision of the Constitutional Court. The Constitutional Court had declared Sections 2, 119, and 179 of the Uganda People’s Defence Forces (UPDF) Act unconstitutional.
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