Article 111-119 Uganda Constitution 1995

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.