Article 28 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 28 Uganda Constitution 1995

Article 28 of the Uganda Constitution 1995 is under Chapter Four (Protection and promotion of fundamental and other human rights and freedoms) of the Constitution. Article 28 is about Right to a fair hearing.

SEE ALSO  Article 34 Uganda Constitution 1995

(1) In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

(2) Nothing in clause (1) of this article shall prevent the court or tribunal from excluding the press or the public from all or any proceedings before it for reasons of morality, public order or national security, as may be necessary in a free and democratic society.

(3) Every person who is charged with a criminal offence shall—
(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;
(b) be informed immediately, in a language that the person understands, of the nature of the offence;
(c) be given adequate time and facilities for the preparation of his or her defence;
(d) be permitted to appear before the court in person or, at that person’s own expense, by a lawyer of his or her choice;
(e) in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the State;
(f) be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial;
(g) be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court.

(4) Nothing done under the authority of any law shall be held to be
inconsistent with—
(a) clause (3)(a) of this article, to the extent that the law in question imposes upon any person charged with a criminal offence, the burden of proving particular facts;
(b) clause (3)(g) of this article, to the extent that the law imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused are to be paid their expenses out of public funds.

SEE ALSO  Section 33 Constitution of South Africa 1996

(5) Except with his or her consent, the trial of any person shall not take place in the absence of that person unless the person so conducts himself or herself as to render the continuance of the proceedings in the presence of that person impracticable and the court makes an order for the person to be removed and the trial to proceed in the absence of that person.

(6) A person tried for any criminal offence, or any person authorised by him or her, shall, after the judgment in respect of that offence, be entitled to a copy of the proceedings upon payment of a fee prescribed by law.

(7) No person shall be charged with or convicted of a criminal offence which is founded on an act or omission that did not at the time it took place constitute a criminal offence.

(8) No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.

(9) A person who shows that he or she has been tried by a competent court for a criminal offence and convicted or acquitted of that offence shall not again be tried for the offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(10) No person shall be tried for a criminal offence if the person shows that he or she has been pardoned in respect of that offence.

SEE ALSO  Section 36 Constitution of South Africa 1996

(11) Where a person is being tried for a criminal offence, neither that person nor the spouse of that person shall be compelled to give evidence against that person.

(12) Except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law.

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Inioluwa Olaposi

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