By Mulengera Reporters
Attorney General Kiryowa Kiwanuka is expected to swiftly withdraw the Uganda People’s Defense Forces (UPDF) Amendment Bill, 2024, currently under scrutiny by Parliament’s Committee on Defense and Internal Affairs.
The move follows a resolution passed by the National Resistance Movement (NRM) Parliamentary caucus during a meeting at State House, Entebbe, on Friday. The caucus, chaired by President Yoweri Museveni, agreed to withdraw the Bill to incorporate new proposals in light of a recent Supreme Court ruling.
The landmark ruling by the Supreme Court declared the trial of civilians in the General Court Martial unconstitutional. It also directed that military personnel facing capital offenses be tried in civilian courts instead of the Court Martial.
Legal Debate
Despite the ruling, former presidential candidate Dr. Kizza Besigye, his aide Hajji Obeid Lutale Kamulegeya, and others who were facing trial in the Court Martial before the January 31, 2025 decision are yet to be released.
Justice and Constitutional Affairs Minister Norbert Mao defended the delay, arguing that lawyers for the affected individuals, including former MP Michael Kabaziguruka, should have taken procedural steps to extract court orders for their release.
“Courts don’t implement their own decisions,” said Mao. “The Government has a duty to respect the decision of the Court, but the legal process requires extracted orders to guide the implementation.” He emphasized that the judiciary remains the final authority on legal disputes.
Proposed Amendments
The original Bill, tabled by Defense Minister Jacob Oboth-Oboth last year, did not anticipate the Supreme Court ruling. It proposed amendments based on the Constitutional Court’s earlier description of the General Court Martial as a “disciplinary committee” for the army.
Among the proposals was the substitution of the Field Court Martial with a Unit Disciplinary Committee under Section 193 of the UPDF Act. The Bill also sought to create Service Court Martials for each branch of the UPDF, with members appointed by the Commander-in-Chief instead of the High Command. These courts would operate below the General Court Martial, which would serve as an appellate body.
Additionally, the Bill aimed to amend Section 233 (2) to allow individuals aggrieved by decisions of the General Court Martial appellate body to seek redress in the civilian Court of Appeal.
Key Changes
The Bill also proposed formalizing the Special Forces Command (SFC), the elite force responsible for protecting the President, as one of the official UPDF services under Section 3 of the Act.
Further amendments sought to include State Ministers of Defense and the Permanent Secretary in the Ministry of Defense as members of the High Command, which oversees critical decisions for the army.
Another major proposal was the creation of a Joint Military Command, chaired by the Chief of Defense Forces (CDF), to oversee military operations. This body would include the Deputy CDF, service commanders, and other senior officers, tasked with advising the CDF, approving war plans, and managing military operations.
The Bill also proposed adding the portfolio of Inspector General of Defense Forces to the Deputy CDF’s responsibilities.
Re-Engaging Ex-Servicemen
A significant amendment under Section 53 of the UPDF Act sought to grant the Commander-in-Chief powers to re-engage retired officers or militants with special skills under contract. Currently, retired soldiers enjoy civilian life, including participation in partisan politics, without provisions for re-engagement.
Next Steps
During Friday’s meeting, President Museveni expressed disappointment with the Supreme Court ruling but emphasized the need for the Bill to be revised. The Attorney General has been tasked with withdrawing the current version to allow the Ministry of Defense to introduce fresh proposals that address the Court’s decision while ensuring the operational efficiency of the UPDF-Parliament Watch. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
