Article 201-207 Uganda Constitution 1995
Table of Contents
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.
(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.
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;
(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
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.