Rule of law at crossroads – Amendment of UPDF Act

Lady Justice Monica Kalyegira Mugenyi held a dissenting view that in certain circumstances the Military Court may be allowed to try civilians.

Early this year, Ugandans were euphoric, celebrating a history making Supreme Court Ruling. And the icing on the cake was the ruling was delivered by a female dominated panel of the Supreme Court – six to four; a first in itself.

Read “She justices dominated quorum on matter of military court trying civilians” for details.

Three months later, other arms of government are actively ensuring that the history making ruling is short lived.

Legal minds are characterizing the actions of the Parliament of Uganda to retroactively amend the Defense Forces Act, as undermining the ruling of the Supreme Court and de facto in contempt of the Supreme Court.

Hinging on the dissenting opinion of Lady Justice Monica Kalyegira Mugenyi, that Army Courts in certain circumstances may be legally allowed to try civilians, the wheels are in motion to make it legal for Army Court to try civilians.

As headed by Speaker Anita Anne Among, the 11th Parliament of Uganda is now believed by a significant section of Ugandans as an institution that is abusing its ‘delegated responsibility.’

Acting against the wishes of those who ‘delegated responsibility’ to it in the first place and legislating “law without precedent” via activity that is best described as “torture the law” and bend it to your will.

An insightful opinion by Dr. Busingye Kabumba, gives an excellent explanation of the conduct of Parliament, in its incompetence to uphold the law and check the executive. Here is an extract:

“The new proposed amendments to the Uganda Peoples’ Defence Forces Act – the UPDF (Amendment) Bill No.15 of 2025 – can be understood in similar terms.

Every one of the Members of Parliament going to debate this over the next few days or weeks is aware of the legal position – although they will pretend not to be.

They also know the spirit of the Bill, brought as yet another nail in the coffin of Uganda’s constitutional and democratic order.

They know the essence of the Supreme Court’s decision in the case of Attorney General v Hon. Michael Kabaziguruka (Constitutional Appeal No.2 of 2021, arising from the decision of the Constitutional Court in Constitutional Petition No. 45 of 2016).

And yet, the great majority of them will proceed to pass it, after only the barest pretence at considering and debating it.

They will do this out of fear (mainly of Yoweri Kaguta Museveni and his son Muhoozi Kainerugaba) or out of ambition (the desire for re-election through state financial support and access to the tools of state intimidation) – or both.”

Read Dr. Kabumba’s full opinion Love, fear, hatred and others: Human emotion and the 1995 Constitution

Tensions and worries are high, among many Ugandans about the trajectory the 1986 promise of the National Resistance Movement has taken.

Dr. Muniini K. Mulera has beautifully archived the “Ten-point program of Uganda’s National Resistance Movement (NRM) – 1984.” Worth reading for context.

This post was authored by Norah Owaraga. You can find more of her writing on her blog, The Humanist.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.