Chapter 17

GENERAL AND MISCELLANEOUS

Article 247 Administration of estimates

Parliament shall-

(a) by law establish an efficient, fair and expeditious machinery for the administration and management of the estates of deceased persons; and

(b) under the law referred to in paragraph (a) of this article, ensure that the services of the department or organisation established for the purpose are decentralised and accessible to all persons who may reasonably require those services and that the interests of all beneficiaries are adequately protected.

Article 248 Law Reform Commission

(1) There shall be a Law Reform Commission for Uganda the composition and functions of which shall be prescribed by Parliament by law.

(2) The Law Reform Commission established under clause (1) of this article shall publish periodic reports on its findings and submit annual reports to Parliament.

Article 249 Disaster Preparedness and Management Commission

(1) There shall be a Disaster Preparedness and Disaster Management Commission for Uganda to deal with both natural and man-made disasters.

(2) Parliament shall, for the purposes of this article, prescribe the composition, functions and procedure for implementation of the functions of the Commission.

Article 250 Legal Proceedings by or Against Government

(1) Where a person has a claim against the Government, that claim may be enforced as a right by proceedings taken against the Government for that purpose.

(2) Civil proceedings by or against the Government shall be instituted by or against the AttorneyGeneral; and all documents required to be served on the Government for the purpose of or in connection with those proceedings, shall be served on the Attorney-General.

(3) Parliament may by law make provision for the purposes of clause (1) of this article.

(4) In the title of any criminal proceedings, the prosecution shall be designated by the word "Uganda".

Article 251 Performance of functions of Commissions and authorities

(1) Any commission or authority established by this Constitution may, subject to the provisions of this Constitution, regulate its own procedure or confer powers or impose duties on any officer or authority of the Government for the purpose of discharging its functions.

(2) Subject to the provisions of this Constitution, any decision of any commission or authority established by this Constitution shall require the concurrence of a majority of all its members; and it may act notwithstanding the absence of any member or any vacancy in the office of a member.

(3) In this article, "commission or authority" includes a council and a committee of the commission or authority.

Article 252 Resignations

(l) Except as otherwise provided in this Constitution, any person who is appointed or elected to any office established by this Constitution may resign from that office by writing signed by that person addressed to the person or authority by whom he or she was appointed or elected.

(2) The resignation of a person from any office established by this Constitution shall take effect in accordance with the terms on which that person was appointed or, if there are no such terms, when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.

(3) For the purposes of clause (1) of this article, ''office'' includes the office of-

(a) the vice-President;

(b) the Speaker and Deputy Speaker;

(c) a Minister;

(d) the Attorney-General;

(e) a member of Parliament;

(f) a member of any commission, authority, council or committee established by this Constitution; and

(g) a public officer.

(4) Subject to the provisions of this article, Parliament may make laws providing for the resignation of persons holding offices established by this Constitution not provided for in this article.

Article 253 Re-appointments and concurrent appointments

(1) Where any person has vacated an office established by this Constitution, that person may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.

(2) Where a power is conferred by this constitution on any person to make any appointment to any office, he or she may appoint a person to that office even while another person holds the office, when that other person is on leave of absence pending the relinquishment of the office.

(3) Where two or more persons hold the same office by reason of an appointment made by virtue of clause (2) of this article, then, for the purposes of any function conferred on the holder of that office, the person last appointed shall be taken to be the sole holder of that office.

Article 254 Pensions

(1) A public officer shall, on retirement, receive such pension as is commensurate with his or her rank, salary and length of service.

(2) The pension payable to any person shall be exempt from tax and shall be subject to periodic review to take account of changes in the value of money.

(3) The payment of pension shall be prompt and regular and easily accessible to pensioners.

Article 255 Right of citizens to demand referenda

Parliament may by law make provision for the right of citizens to demand the holding by the Electoral Commission of a referendum whether national or in any particular part of Uganda, on any issue.

Article 256 Manner of administering oaths

Oaths specified m the Fourth Schedule to this Constitution shall be administered in a manner prescribed by law.

Article 257 Interpretations

(1) In this Constitution, unless the context otherwise requires-

"Act of Parliament" means a law made by Parliament;

"article" means an article of this Constitution,

"child" means a person under the age of eighteen years;

"court" means a court of judicature established by or under the authority of this

Constitution;

"Court of Appeal" means the Court of Appeal of Uganda;

"district" means a district referred to in article 5 of this Constitution;

"district council" means a district council established under article 180 of this Constitution;

"education service" means any part of the public service established as the education

service by Parliament by law in conformity with this Constitution;

"financial year" means the period of twelve months ending on the thirtieth day of June in

any year or such other day as Parliament may by law, prescribe;

"functions" includes powers and duties;

"Gazette" means the Uganda Gazette and includes any supplement of that Gazette

"Government" means the Government of Uganda;

"health service" means any part of the public service established as the health service by Parliament by law in conformity with this Constitution;

"High Court" means the High Court of Uganda;

"judgement" includes a decision, an order or decree of the court;

"judicial power" means the power to dispense justice among persons and between persons and the State under the laws of Uganda;

"Leadership Code of Conduct" means the Leadership Code of Conduct established under Chapter Fourteen of this Constitution;

"local government council" means a council referred to in article 180 of this Constitution;

"Minister" means a Minister of the Government and includes a Minister of State and a Deputy Minister;

"Oath of allegiance" means an oath of allegiance prescribed by this Constitution;

"Parliament" means the Parliament of Uganda;

"President" means the President of Uganda;

"public office" means an office in the public service;

"public officer" means a person holding or acting in any public office;

"public service" means service in a civil capacity of the Government or of a local government;

"session" means a series of meetings of Parliament within period of twelve months;

"sitting" includes a period during which Parliament continuously sitting without adjournment and a period during which it is in Committee;

"Speaker" means the Speaker of Parliament an "Deputy Speaker" shall be construed according

"subordinate court" means a court subordinate to the High Court;

"Supreme Court" means the Supreme Court of Uganda

"Uganda" means the Republic of Uganda.

(2) In this Constitution-

(a) unless the context otherwise requires, a reference an office in the public service includes

(i) a reference to the office of Chief Justice, Deputy Chief Justice, Principal Judge, a Justice of the Supreme Court or of a Justice of Appeal, or Judge of the High Court and the office of member of any other court of law established by or under the authority of this Constitution other than a courtmartial, being an office the emoluments of which are paid directly from the Consolidated Fund or directly out of moneys provided by Parliament; and

(ii) a reference to the office of a member of the Uganda Police Force, the Uganda Prisons Service, the education service and the health service;

(b) a reference to an office in the public service does not include a reference to the office of the President, the vice-President, the Speaker or Deputy Speaker, a Minister, the Attorney-General, a member of Parliament or a member of any commission, authority, council or committee established by this Constitution.

(3) In this Constitution unless the context otherwise requires, a reference to the holder of an office by the term designating that office includes a reference to any person for the time being lawfully acting in or performing the functions of that office.

(4) For the purposes of this Constitution, a person shall not be considered as holding a public office by reason only of the fact that that person is in receipt of a pension or similar allowance in respect of service under the Government.

(5) The power to remove a public officer from office includes the power to require or permit that officer to retire from public service; except that nothing in this clause confers on any person or authority power to require the retirement of a person holding a public office for which the method of retirement or removal is specifically provided for by this Constitution.

(6) Any provision in this Constitution that vests in any person or authority power to remove a public officer from office shall not prejudice the power of any person or authority to abolish any office or any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified in that law.

(7) Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder of the office is unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was able perform those functions.

(8) Where any power is conferred by this Constitution to make any statutory instrument or rule, or pass any resolution, or give any direction, the power shall be construed as including the power, exercisable in like manner to amend or revoke any such statutory instrument, rule, resolution or direction.

(9) In this Constitution, references to the amendment of any of the provisions of this Constitution or any Act of Parliament include references to the alteration, modification or re-enactment, with or without amendment or modification of that provision, the suspension or repeal of that provision and the making of a different provision in place of that provision requires-

(10) In this Constitution, unless the context otherwise

(a) words referring to natural persons include a reference to corporations;

(b) words in the singular include the plural, and words in the plural include the singular;

(c) words directing or empowering a public officer to do any act or thing, or otherwise applying to that officer by the designation of the office of that person, include the successors in office and all deputies and other assistants of that person.