Article 77-87A 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 77-87A Uganda Constitution 1995

Article 77, 78, 79, 80, 81, 82, 82A, 83, 84, 85, 86, 87 and 87A of the Uganda Constitution 1995 is under ‘Establishment, composition and functions of Parliament’ of Chapter 6 of the Constitution. Chapter 6 is titled ‘The Legislature‘.

Article 77 Uganda Constitution 1995

Parliament of Uganda

(1) There shall be a Parliament of Uganda.
(2) The composition and functions of Parliament shall be as prescribed by this Constitution.
(3) Subject to this Constitution, the term of Parliament shall be seven years from the date of its first sitting after a general election.
(4) Where there exists a state of war or a state of emergency which would prevent a normal general election from being held, Parliament may, by resolution supported by not less than two-thirds of all members of Parliament, extend the life of Parliament for a period not exceeding six months at a time.

Article 78 Uganda Constitution 1995

Composition of Parliament

(1) Parliament shall consist of—
(a) members directly elected to represent constituencies;
(b) one woman representative for every district;
(c) such numbers of representatives of the army, youth, workers, persons with disabilities and other groups as Parliament may determine; and
(d) the Vice President and Ministers, who, if not already elected members of Parliament, shall be ex officio members of Parliament without the right to vote on any issue requiring a vote in Parliament.

(2) Upon the expiration of a period of ten years after the commencement of this Constitution and thereafter, every five years, Parliament shall review the representation under clause (1)(b) and (c) of this article for the purposes of retaining, increasing or abolishing any such representation and any other matter incidental to it.

SEE ALSO  Article 176-189 Uganda Constitution 1995

(3) The representatives referred to in clause (1)(a) of this article shall be elected on the basis of universal adult suffrage and by secret ballot.

(4) Parliament shall, by law, prescribe the procedure for elections of
representatives referred to in clause (1)(b) and (c) of this article.

Article 79 Uganda Constitution 1995

Functions of Parliament

(1) Subject to the provisions of this Constitution, Parliament shall have power to make laws on any matter for the peace, order, development and good governance of Uganda.

(2) Except as provided in this Constitution, no person or body other than Parliament shall have power to make provisions having the force of law in Uganda except under authority conferred by an Act of Parliament.

(3) Parliament shall protect this Constitution and promote the democratic governance of Uganda.

Article 80 Uganda Constitution 1995

Qualifications and disqualifications of members of Parliament

(1) A person is qualified to be a member of Parliament if that
person—
(a) is a citizen of Uganda;
(b) is a registered voter; and
(c) has completed a minimum formal education of Advanced Level standard or its equivalent which shall be established in a manner and at a time prescribed by Parliament by law.

(2) A person is not qualified for election as a member of Parliament if that person—
(a) is of unsound mind;
(b) is holding or acting in an office the functions of which involve a responsibility for or in connection with the conduct of an election;
(c) is a traditional or cultural leader as defined in article 246(6) of this Constitution;
(d) has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged; or
(e) is under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without the option of a fine.
(f) has, within the seven years immediately preceding the election, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
(g) has, within the seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the Electoral Commission.

(3) Under the movement political system, a person elected to Parliament while he or she is a member of a local government council or holds a public office shall resign the office before assuming the office of a member of Parliament.

(4) Under the multiparty political system, a public officer or a person employed in any government department or agency of the government or an employee of a local government or any body in which the government has controlling interest, who wishes to stand in a general election as a member of Parliament shall resign his or her office at least ninety days before nomination day.

Article 81 Uganda Constitution 1995

Election of members of Parliament

(1) [Repealed]

(2) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral Commission in writing within ten days after the vacancy has occurred; and a by-election shall be held within sixty days after the Electoral Commission has received notification of the vacancy from the Clerk to Parliament.

(2a) W here the seat of a member of Parliament is declared vacant by a court—
a. the registrar of the court shall transmit to the Clerk to Parliament a copy of the judgment of the court within ten days after the declaration; and

b. the Clerk to Parliament shall notify the Electoral Commission in writing of the vacancy within ten days after receiving the judgment from the registrar of the court.

(3) Notwithstanding clause (2) of this article, a by-election shall not be held within six months before the holding of a general election of Parliament.

(4) Every person elected to Parliament shall take and subscribe the oath of allegiance and the oath of member of Parliament specified in the Fourth Schedule to this Constitution.

(5) Except for the purpose of taking the oaths referred to in clause (4) of this article, no person shall sit or vote in Parliament before taking and subscribing the oaths.

Article 82 Uganda Constitution 1995

Speaker and Deputy Speaker of Parliament

(1) There shall be a Speaker and Deputy Speaker of Parliament.
(2) The Speaker and Deputy Speaker shall be elected by members of Parliament from among their number.
(3) A person shall not be qualified to be elected a Speaker or Deputy Speaker if he or she is a Vice President or a Minister.
(4) Subject to article 81(4) of this Constitution, no business shall be transacted in Parliament other than an election to the office of Speaker at any time that office is vacant.
(5) The Chief Justice or a judge designated by the Chief Justice shall preside at an election of a Speaker, and the Speaker shall preside at an election of the Deputy Speaker.
(6) An election to the office of Deputy Speaker shall be held at the first sitting of Parliament after that office becomes vacant.
(7) The Speaker or Deputy Speaker shall vacate his or her office—
(a) if he or she is appointed to any public office;
(b) if he or she becomes a Minister;
(c) if he or she resigns his or her office by writing signed by him or her addressed to the Clerk to Parliament;
(d) if he or she ceases to be a member of Parliament; or
(e) if he or she is removed by resolution of Parliament supported by not less than two-thirds of all members of Parliament.
(8) The Speaker and Deputy Speaker shall receive such salaries, allowances and gratuities as may be prescribed by Parliament.
(9) The salaries, allowances and gratuities of the Speaker and Deputy Speaker shall be charged on the Consolidated Fund.
(10) The Speaker and Deputy Speaker shall each, before assuming the duties of office, take and subscribe the oath of Speaker or Deputy Speaker specified in the Fourth Schedule to this Constitution.

SEE ALSO  Article 233-236 Uganda Constitution 1995

Article 82A Uganda Constitution 1995

1. Under the multi organisations or multiparty form of democracy, there shall be, in
Parliament, a leader of the opposition.

2. Parliament shall, by law, prescribe the following in respect of the Leader of the
Opposition
a. how he or she is chosen and how he or she ceases to hold that office;
b. his or her status;
c. his or her role and functions; and
d. the benefits and privileges attached to his or her office.

Article 83 Uganda Constitution 1995

Tenure of office of members of Parliament

(1) A member of Parliament shall vacate his or her seat in Parliament—
(a) if he or she resigns his or her office in writing signed by him or her and addressed to the Speaker;
(b) if such circumstances arise that if that person were not a member of Parliament would cause that person to be disqualified for election as a member of Parliament under article 80 of this Constitution;
(c) subject to the provisions of this Constitution, upon dissolution of Parliament;
(d) if that person is absent from fifteen sittings of Parliament without permission in writing of the Speaker during any period when Parliament is continuously meeting and is unable to offer satisfactory explanation to the relevant parliamentary committee for his or her absence;
(e) if that person is found guilty by the appropriate tribunal of violation of the Leadership Code of Conduct and the punishment imposed is or includes the vacation of the office of a member of Parliament;
(f) if recalled by the electorate in his or her constituency in accordance with this Constitution;
(g) if that person leaves the political party for which he or she stood as a candidate for election to Parliament to join another party or to remain in Parliament as an independent member;
(h) if, having been elected to Parliament as an independent candidate, that person joins a political party;
(i) if that person is appointed a public officer.

(2) Notwithstanding clause (1)(g) and (h) of this article, membership of a coalition government of which his or her original political party forms part shall not affect the status of any member of Parliament.

(2a) Clause (1) (g) and (h) shall not apply to an independent member joining a political party or political organisation or a member leaving one political party or organisation to join another political party or organisation or become an independent member within twelve months before the end of the term of Parliament to participate in activities or programmes of a political party or political organisation relating to a general election.
(2b) Parliament shall by law, prescribe the grounds and procedure that every political party or organisation must follow before terminating a person’s membership to a political party or organisation.

(3) The provisions of clauses (1)(g) and (h) and (2) of this article shall only apply during any period when the multiparty system of government is in operation.

Article 84 Uganda Constitution 1995

Right of recall

(1) Subject to the provisions of this article, the electorate of any constituency and of any interest group referred to in article 78 of this Constitution have the right to recall their member of Parliament before the expiry of the term of Parliament.

SEE ALSO  Section 28 Constitution of South Africa 1996

(2) A member of Parliament may be recalled from that office on any of the following grounds—
(a) physical or mental incapacity rendering that member incapable of performing the functions of the office;
(b) misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to the office; or
(c) persistent deserting of the electorate without reasonable cause.

(3) The recall of a member of Parliament shall be initiated by a petition in writing setting out the grounds relied on and signed by at least two-thirds of the registered voters of the constituency or of the interest group referred to in clause (l) of this article, and shall be delivered to the Speaker.

(4) On receipt of the petition referred to in clause (3) of this article, the Speaker shall, within seven days require the Electoral Commission to conduct a public inquiry into the matters alleged in the petition and the Electoral Commission shall expeditiously conduct the necessary inquiry and report its findings to the Speaker.

(5) The Speaker shall—
(a) declare the seat vacant, if the Electoral Commission reports that it is satisfied from the inquiry, with the genuineness of the petition; or
(b) declare immediately that the petition was unjustified, if the
commission reports that it is not satisfied with the genuineness of the petition.

(6) Subject to the provisions of clauses (2), (3), (4) and (5) of this article, Parliament shall, by law prescribe the procedure to be followed for the recall of a member of Parliament.

(7) The right to recall a member of Parliament shall only exist while the movement political system is in operation.

Article 85 Uganda Constitution 1995

Emoluments of members of Parliament

(1) A member of Parliament shall be paid such emoluments, such gratuity and pension, and shall be provided with such facilities, as may be determined by Parliament.

(2) A member of Parliament shall not hold any office of profit or emolument likely to compromise his or her office.

Article 86 Uganda Constitution 1995

Determination of questions of membership

(1) The High Court shall have jurisdiction to hear and determine any question whether—
(a) a person has been validly elected a member of Parliament or the seat of a member of Parliament has become vacant; or
(b) a person has been validly elected as Speaker or Deputy Speaker or having been so elected, has vacated that office.

(2) A person aggrieved by the determination of the High Court under this article may appeal to the Court of Appeal.

(3) Parliament shall, by law make provision with respect to—
(a) the persons eligible to apply to the High Court for determination of any question under this article; and
(b) the circumstances and manner in which and the conditions upon
which any such application may be made.

Article 87 Uganda Constitution 1995

Clerk to Parliament and other staff of Parliament

(1) There shall be a public officer designated Clerk to Parliament appointed by the President acting in accordance with the advice of the Public Service Commission.
(2) There shall also be such other members of staff as may be necessary for the efficient discharge of the functions of Parliament.
(3) The other staff referred to in clause (2) shall be public officers who shall, notwithstanding articles 166 and 172, be appointed, disciplined and removed by the Parliamentary Commission subject to any law made by Parliament.
(4) The salary, emoluments and gratuity of the staff of Parliament shall be determined by Parliament subject to article 93 of this Constitution

Article 87A Uganda Constitution 1995

There shall be a Commission called the Parliamentary Commission whose
composition and functions shall be prescribed by Parliament by law.

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