Article 201-207 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 201-207 Uganda Constitution 1995

Article 201, 202, 203, 204, 205, 206 and 207 of the Uganda Constitution 1995 are under ‘General’ of Chapter 11 of the Constitution. Chapter 11 is titled ‘Local Government‘.

Article 201 Uganda Constitution 1995

Exercise of administrative functions

The functions of a district government shall be exercised in accordance with this Constitution and any other law; but the exercise of those functions shall not detract from the order, peace and good governance of any part of Uganda.

Article 202 Uganda Constitution 1995

Takeover of district administration by the president

(1) The President may, with the approval of two-thirds of all the members of Parliament, assume the executive and legislative powers of any district in any of the following circumstances—
(a) where the district council so requests and it is in the public interest to do so;
(b) where a state of emergency has been declared in that district or in Uganda generally; or
(c) where it has become extremely difficult or impossible for the district government to function.

(2) The exercise by the President of the power conferred by this article may be done through such persons or officers as the President may appoint; and the legislative functions shall be exercised by statutory instruments.

(3) Unless approved by Parliament for a longer term, the exercise by the President of the power conferred by this article shall be for a period not exceeding ninety days.

See also  First Schedule Uganda Constitution 1995

(4) Upon the expiry of the term under clause (3) of this article—
(a) the President shall hand back the administration of the district to the incumbent district government; or
(b) if Parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to resume the administration of the district then—
(i) where the unexpired term of the council is longer than twelve months, the President shall cause elections to be held for a new district council within sixty days; or
(ii) where the unexpired term of the council is less than twelve months, the President shall continue to administer the district until the next elections are held.

Article 203 Uganda Constitution 1995

Resident district commissioner

(1) There shall be for each district a Resident District Commissioner who shall be appointed by the President.

(2) For a person to be appointed a Resident District Commissioner he or she shall be a citizen of Uganda and qualified to be a member of Parliament.

(3) The functions of a Resident District Commissioner are-
a. to monitor the implementation of central and local government services in the district;
b. to act as chairperson of the district security committee of the district; and
c. to carry out such other functions as may be assigned by the President or prescribed by Parliament by law.

Article 204 Uganda Constitution 1995

Terms and conditions of service

Parliament shall prescribe the guidelines to be followed by the district councils in determining terms and conditions of service for—
(a) members of the local government councils; and
(b) members of the district service commissions and their committees.

See also  Article 98-110 Uganda Constitution 1995

Article 205 Uganda Constitution 1995

Prohibition of holding political offices concurrently

(1) No person shall hold concurrently on a full-time basis, political offices—
(a) in the service of the Government and that of a local government;
or
(b) in the service of a higher local government and that of a lower local government.
(2) In this article, “political office” means the office of a Minister, a member of Parliament or a member of a local government council, or any other office prescribed by Parliament.

Article 206 Uganda Constitution 1995

Parliament to make laws regarding local government

(1) Subject to the provisions of this Constitution, Parliament shall make laws relating to local government for the purpose of giving full effect to this Chapter.

(2) Without prejudice to the general effect of clause (1) of this article, Parliament may make laws—
(a) limiting the number of political offices that may be created by local governments;
(b) enabling councils to make laws, regulations or other instruments for the administration of their areas of jurisdiction;
(c) requiring that with appropriate modifications, the system of government as it operates at the district level shall apply at the lower levels of local government units.

Article 207 Uganda Constitution 1995

Interpretation

In this Chapter, a reference to a local government includes—
(a) a district council;
(b) an urban council;
(c) a subcounty council; or
(d) any other unit prescribed by law to replace any of the councils mentioned in paragraphs (a), (b) and (c) of this article.

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