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.