Kampala, Uganda: The Uganda Law Society (ULS) has strongly criticised Parliament for summoning them on short notice to present views on the contentious Uganda Peoples’ Defence Forces (UPDF) Amendment Bill 2024, which seeks to expand the military’s legal jurisdiction.
In a May 14 letter addressed to the Clerk to Parliament, ULS Vice President Anthony Asiimwe described the last-minute invitation as an affront to democratic accountability, noting they received the letter at 11:00 am for a noon appearance before the joint Committee on Defence and Internal Affairs and Legal and Parliamentary Affairs.
“With great respect, this time frame is manifestly inadequate for thorough consideration of the 150-page Bill and incompatible with democratic accountability,” Asiimwe noted.
Beyond procedural concerns, ULS also cautioned Parliament against proceeding with discussions on the Bill due to a pending case before the East African Court of Justice (EACJ). ULS filed Reference No. 14 of 2025 against the Attorney General, challenging the Supreme Court’s decision in a landmark case concerning military courts.
“Discussing the Bill’s provisions on military courts would inevitably breach the sub judice rule contrary to Rule 75 of the Rules of Procedure of Parliament,” ULS stated.
The UPDF Amendment Bill has sparked fierce backlash from sections of the legal fraternity, with several prominent lawyers cautioning that extending military court jurisdiction over civilians threatens constitutional democracy.
Counsel Jude Byamukama, of JByamukama & Co. Advocates, who appeared before Parliament last week, said the framers of the Bill erred in expanding the scope of civilians subject to military courts, warning it undermines the civil court system.
“The jurisdiction of the court martial should be restricted to offences under the UPDF Act. It should not be set up as a rival court to the civil courts of judicature, which preside over Penal Code cases,” Byamukama said.
He argued that civilians tried by military courts are denied protections under the Human Rights Enforcement Act, 2019. “The Act requires courts to inquire into complaints of due process. This safeguard is absent in military trials,” he said.
Counsel Wasswa Fahad Gisa of Litmus Advocates also condemned the Bill’s language on trying civilians in “exceptional circumstances,” describing it as ambiguous and prone to abuse.
“This provision undermines the constitutional guarantee of a fair and impartial civilian trial under Article 28 of the Constitution,” Gisa noted. He added that military courts, as administrative bodies, lack judicial status under the Constitution and should not exercise civilian judicial functions.
“The attempt to ascribe judicial powers to courts martial violates Article 126(1), which mandates that judicial power be exercised by courts established under the Constitution,” he warned.
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