Article 176-189 Uganda Constitution 1995

National Objectives and Directive Principles of State Policy Preamble Article 1-4 [Chapter 1 – The Constitution] Article 5-8A [Chapter 2 – The Republic] Article 9-19 [Chapter 3 – Citizenship] Article 20 (Fundamental and other human rights and freedoms) Article 21 (Equality and freedom from discrimination) Article 22 (Protection of right to life) Article 23 (Protection of personal liberty) Article 24 (Respect for human dignity and protection from inhuman treatment) Article 25 (Protection from slavery, servitude and forced labour) Article 26 (Protection from deprivation of property) Article 27 (Right to privacy of person, home and other property) Article 28 (Right to a fair hearing) Article 29 (Protection of freedom of conscience, expression, movement, religion, assembly and association) Article 30 (Right to education) Article 31 (Rights of the family) Article 32 (Affirmative action in favour of marginalised groups) Article 33 (Rights of women) Article 34 (Rights of children) Article 35 (Rights of persons with disabilities) Article 36 (Protection of rights of minorities) Article 37 (Right to culture and similar rights) Article 38 (Civic rights and activities) Article 39 (Right to a clean and healthy environment) Article 40 (Economic rights) Article 41 (Right of access to information) Article 42 (Right to just and fair treatment in administrative decisions) Article 43 (General limitation on fundamental and other human rights and freedoms) Article 44 (Prohibition of derogation from particular human rights and freedoms) Article 45 (Human rights and freedoms additional to other rights) Article 46-49 (Human Rights and Freedoms During a State of Emergency) Article 50 (Enforcement of Rights and Freedoms by Courts) Article 51-58 (Uganda Human Rights Commission) Article 59 (Right to vote) Article 60-68 (Electoral Commission) Article 69-76 (Political Systems & General) Article 77-87A (Establishment Composition and Functions of Parliament) Article 88-97 (Procedure of Parliament & General) Article 98-110 (The President) Article 111-119A (The Cabinet) Article 120-125 Article 126-136 Article 137-145 Article 146-151 Article 152-160 [FINANCE – General] Article 161-164 [Central Bank of Uganda & Auditor-General] Article 165-175 [Chapter 10 – The Public Service] Article 176-189 Article 190-200 Article 201-207 Article 208-217 Article 218-222 Article 223-232 [Chapter 13 – Inspectorate of Government] Article 233-236 [Chapter 14 – Leadership Code of Conduct] Article 237-245 [Chapter 15 – Leadership Code of Conduct] Article 246 [Chapter 16 – Institution of traditional or cultural leaders] Article 247-257 Article 258-262 (Amendment of the Constitution) Article 263-274 Article 275-288 Article 289-294 First Schedule Second Schedule Third Schedule Forth Schedule Fifth Schedule Sixth Schedule Seventh Schedule

Article 176-189 Uganda Constitution 1995

Article 176 to 189 of the Uganda Constitution 1995 is under ‘Principles and structures of local government’ of Chapter 11 of the Constitution. Chapter 11 is titled ‘Local Government‘.

Article 176 Uganda Constitution 1995

Local government system

(1) The system of local government in Uganda shall be based on the district as a unit under which there shall be such lower local governments and administrative units as Parliament may by law provide.

(2) The following principles shall apply to the local government system—
(a) the system shall be such as to ensure that functions, powers and responsibilities are devolved and transferred from the Government to local government units in a coordinated manner;
(b) decentralisation shall be a principle applying to all levels of local government and, in particular, from higher to lower local government units to ensure peoples’ participation and democratic control in decision making;
(c) the system shall be such as to ensure the full realisation of democratic governance at all local government levels;
(d) there shall be established for each local government unit a sound financial base with reliable sources of revenue;
(e) appropriate measures shall be taken to enable local government units to plan, initiate and execute policies in respect of all matters affecting the people within their jurisdictions;
(f) persons in the service of local government shall be employed by the local governments; and
(g) the local governments shall oversee the performance of persons employed by the Government to provide services in their areas and to monitor the provision of Government services or the implementation of projects in their areas.

(3) The system of local government shall be based on democratically elected councils on the basis of universal adult suffrage in accordance with article 181(4) of this Constitution.

Article 177 Uganda Constitution 1995

Districts of Uganda

(1) Subject to the provisions of this Constitution, for the purposes of local government, Uganda shall be divided into the districts referred to in
article 5(2) of this Constitution.

SEE ALSO  Section 103 Constitution of South Africa 1996

(2) The districts referred to in clause (1) of this article shall be taken
to have been divided into the lower local government units which existed
immediately before the coming into force of this Constitution.

Article 178 Uganda Constitution 1995

Regional governments

1. Two or more districts may cooperate to form a regional government to perform
the functions and services specified in the Fifth Schedule to this Constitution.

2. A district shall not be taken to have agreed to enter into a cooperation
arrangement to form a regional government unless-
a. the proposal to join the regional government has been approved by
resolution of the district council by a majority of two thirds of the members
of the district council; and
b. the decision of the district council has been ratified by not less than
two-thirds of the sub county councils in the district.

3. Subject to clause (1) and to the provisions of this Constitution, the districts of
the regions of Buganda, Bunyoro, Busoga, Acholi and Lango, specified in the
First Schedule to this Constitution, shall be deemed to have agreed to form
regional governments for the purposes of this article.

4. The headquarters of the regional governments deemed to have been
established in clause (3) of this article shall be as follows
a. in Buganda, Mengo Municipality which shall be created by Parliament;
b. in Bunyoro, Hoima Municipality which shall be created by Parliament;
c. in Busoga, Jinja Municipality;
d. in Acholi, Gulu Municipality; and
e. in Lango, Lira Municipality.

5. The districts forming the regional government shall form a regional assembly.

6. A regional government shall be a body corporate with power to sue and be sued
and shall have power to do all things that may be done by a body corporate and
shall be subject to all obligations to which a body corporate is subject.

7. Notwithstanding article 180, a regional government formed under this article
shall be the highest political authority within its region and shall have political,
legislative, executive, administrative and cultural functions in the region.

8. A regional government shall in particular have in relation to the region, the
functions and services conferred upon a regional government in the Fifth
Schedule to this Constitution and may make laws which shall have the force of
law in the region.

9. A regional assembly shall have power to legislate on matters within its
jurisdiction.

10. Subject to this article and to the Fifth Schedule to this Constitution, the
executive and administrative powers of a regional government shall extend to
the execution and implementation of the laws enacted by the regional assembly
and other laws operating in the region and the management of the affairs of the
regional government.

11. The laws made by the regional assembly shall be in conformity with the
Constitution and the national laws and shall be consistent with national policies.

12. The provisions of the Fifth Schedule to this Constitution shall have effect in
respect of the matters specified in it in relation to regional governments.

13. Regional governments shall commence on 1st July, 2006.

Article 178A Uganda Constitution 1995

1. A district which does not wish or is not able to enter into a cooperation
arrangement to form a regional government shall be paid an equalization grant.

2. The equalization grant payable under clause (1) shall be based on the
incremental costs met by the Central Government in managing the regional
government.

3. The President shall cause to be presented to Parliament, proposals for the
money to be paid out of the Consolidated Fund as equalization grant under
clause (1).

4. The proposals made under clause (3) shall be made at the same time as the
estimates of revenue and expenditure under article 155 of this Constitution and
shall state the sums of money that are to be paid to each district.

Article 179 Uganda Constitution 1995

Boundaries of local government units

(1) Subject to the provisions of this Constitution, Parliament may—
(a) alter the boundaries of districts; and
(b) create new districts.

(2) Any measure to alter the boundary of a district or to create a new district shall be supported by a majority of all the members of Parliament.

(3) Parliament shall by law empower district councils to alter the boundaries of lower local government units and to create new local government units within their districts.

(4) Any measure for the alteration of the boundaries of or the creation of districts or administrative units shall be based on the necessity for effective administration and the need to bring services closer to the people, and it may take into account the means of communication, geographical features, density of population, economic viability and the wishes of the people concerned.

Article 180 Uganda Constitution 1995

Local government councils

(1) A local government shall be based on a council which shall be the highest political authority within its area of jurisdiction and which shall have legislative and executive powers to be exercised in accordance with this Constitution.

SEE ALSO  Section 151-164 Constitution of South Africa 1996

(2) Parliament shall by law prescribe the composition, qualifications, functions and electoral procedures in respect of local government councils, except that—
(a) the person elected as district chairperson of a local government shall be a member of the council;
(b) one-third of the membership of each local government council shall be reserved for women;
(c) any law enacted by virtue of this article shall provide for affirmative action for all marginalised groups referred to in article 32 of this Constitution; and
(d) Parliament shall exercise similar powers of review as stipulated in article 78(2) of this Constitution, in relation to paragraphs (b) and (c) of this clause.

(3) A person shall not be a member of a local government council
unless that person is a citizen of Uganda.

Article 181 Uganda Constitution 1995

Elections of local government councils

(1) A district shall be divided by the Electoral Commission into electoral areas which shall be demarcated in such a way that the number of inhabitants in the electoral areas are as nearly as possible equal.

(2) The number of inhabitants in an electoral area may be greater or less than other electoral areas in order to take account of means of communication, geographical features and density of population.

(3) The demarcation of electoral areas shall ensure that a subcounty, a town council or an equivalent part of a municipality is represented at the district council by at least one person.

(4) All local government councils shall be elected every seven years.

(5) Subject to article 61 of this Constitution, elections of all local government councils shall take place on such date as the Electoral Commission shall determine in accordance with the law.

Article 182 Uganda Constitution 1995

Revocation of mandate

(1) Subject to clause (2) of this article, the mandate of an elected member of a local government council may be revoked by the electorate.

(2) Parliament shall by law prescribe the grounds on which and the manner in which the electorate may revoke the mandate of an elected member of a local government council.

Article 183 Uganda Constitution 1995

District chairperson

(1) There shall be a district chairperson who shall—
(a) be the political head of the district; and
(b) be elected by universal adult suffrage through a secret ballot.

(2) A person is not qualified to be elected district chairperson unless he or she is—
(a) qualified to be elected a member of Parliament;
(b) [repealed]
(c) a person ordinarily resident in the district.

(3) The district chairperson shall—
(a) preside at meetings of the executive committee of the district;
(b) monitor the general administration of the district;
(c) coordinate the activities of urban councils and councils of the lower local administrative units in the district;
(d) coordinate and monitor Government functions as between the district and the Government; and
(e) perform such other functions as Parliament may prescribe.

(4) In the performance of the functions under clause (3) of this article, the chairperson shall be subject to the rules, decisions and recommendations of the district council and be answerable to the council.

Article 184 Uganda Constitution 1995

Speaker of a district council

(1) Each district council shall have a speaker elected by the district council from among its members; but a person shall only be taken to have been elected if the votes cast in his or her favour are more than 50 percent of all the members of the council.

(2) The speaker of the council shall, in relation to the council, perform similar functions to those of the Speaker of Parliament.

Article 185 Uganda Constitution 1995

Removal of a district chairperson and speaker

(1) The district chairperson or the speaker of a district council may be removed from office by the council by resolution supported by the votes of not less than two-thirds of all members of the council on any of the following grounds—
(a) abuse of office;
(b) misconduct or misbehaviour; or
(c) such physical or mental incapacity as would render him or her incapable of performing the duties of his or her office.

(2) Parliament shall prescribe any other grounds and the procedure for the removal of a district chairperson or the speaker of a council under this article.

Article 186 Uganda Constitution 1995

District executive committee

(1) There shall be an executive committee for each district council which shall perform the executive functions of the council.

(2) An executive committee shall consist of—
(a) the district chairperson;
(b) the vice chairperson; and
(c) such number of secretaries as the council may decide.

(3) The vice chairperson shall be a person nominated by the district chairperson from among members of the council and approved by two-thirds of all members of the council.

(4) The secretaries shall be nominated by the chairperson from among members of the council and approved by a majority of all members of the council.

SEE ALSO  Article 126-136 Uganda Constitution 1995

(5) The vice chairperson shall deputise for the chairperson and shall perform such other functions as may be assigned to him or her by the chairperson.

(6) If the district chairperson dies, resigns or is removed from office, the vice chairperson shall assume the office of chairperson until the election of a new district chairperson, but the election shall be held within six months after the occurrence of the event.

(7) A secretary shall have responsibility for such functions of the district council as the district chairperson may from time to time assign to him or her.
(8) A district council shall appoint standing and other committees necessary for the efficient performance of its functions.
(9) The following shall apply with respect to the composition of the committees of a district council—
(a) the chairpersons and members of the committees shall be elected from among the members of the council;
(b) the district chairperson, the vice chairperson and a secretary shall not be members of a committee of the council but may take part in its proceedings without voting.

Article 187 Uganda Constitution 1995

Vacation of office of member of district executive committee

(1) The office of a member of a district executive committee shall become vacant if—
(a) the appointment of that member is revoked by the district chairperson; or
(b) that member—
(i) is elected as speaker of the district council;
(ii) resigns from office;
(iii) becomes disqualified to be a member of the district council;
(iv) is unable to perform his or her functions due to mental or physical incapacity or dies;
(v) is censured by the council; or
(c) a new chairperson assumes office.

(2) A district council may, by resolution supported by not less than half of all members of the council, pass a vote of censure against a member of the executive committee.

(3) Proceedings for censure shall be initiated by a petition to the chairperson through the speaker signed by not less than one-third of all the members of the district council to the effect that they are dissatisfied with the conduct or performance of the member of the executive committee.

(4) The chairperson shall, upon receipt of the petition, cause a copy of it to be given to the member of the executive committee in question.
(5) The motion for the resolution of censure shall not be debated until the expiry of fourteen days after the petition was sent to the chairperson.
(6) A member of the executive committee 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.
(7) Nothing in this article shall prevent a person from being reappointed to the executive committee of a district council.

Article 188 Uganda Constitution 1995

Chief and Deputy Chief Administrative Officer

(1) There shall be a Chief Administrative Officer and Deputy Chief Administrative Officer for every district.
(2) Notwithstanding articles 176(2) and (3) and 200 of this Constitution, the Public Service Commission shall appoint persons to hold or act in the office of Chief Administrative Officer and Deputy Chief Administrative Officer, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office.
(3) Parliament shall by law establish the qualifications and functions of a Chief Administrative Officer and Deputy Chief Administrative Officer.

Article 189 Uganda Constitution 1995

Functions of the Government and district councils

(1) Subject to the provisions of this Constitution, the functions and services specified in the Sixth Schedule to this Constitution shall be the responsibility of the Government.

(2) District councils and the councils of lower local government units may, on request by them, be allowed to exercise the functions and services specified in the Sixth Schedule to this Constitution or if delegated to them by the Government or by Parliament by law.

(3) District councils shall have responsibility for any functions and services not specified in the Sixth Schedule to this Constitution.

(4) Subject to the provisions of this Constitution, the Government may, on request by a district council, assume responsibility for functions and services assigned to the district council.

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Inioluwa Olaposi

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