Chapter 19

TRANSITIONAL PROVISIONS

Article 263 Transitional Government

(1) Notwithstanding anything in this Constitution, the Government of the National Resistance Movement existing immediately before the coming into force of this Constitution, in this Chapter referred to as "the NRM Government" shall-

(a) continue in office until a new government is elected in accordance with this Constitution;

(b) as far as possible, exercise its functions in such a manner and with such modifications as are necessary to bring them into conformity with the provisions of this Constitution.

(2) The elections provided for in clause (1) of this article shall be held within nine months after the promulgation of this Constitution.

Article 264 Particular functions of Transitional

The appropriate organs of the NRM Government shall take such measures that are necessary or practical to give effect to the provisions of this Constitution and in particular, but without prejudice to the generality of the foregoing, shall-

(a) by law establish an Interim Electoral Commission whose composition, appointment and functions shall, as far as possible, conform to the provisions of articles 60 and 61 of this Constitution;

(b) make interim laws for elections and other matters connected with elections to any office under this Constitution;

(d) make laws for the expeditious disposal of appeals referred to in article 64 of this Constitution;

(e) ensure that adequate resources and facilities are provided to the Interim Electoral Commission in accordance with article 66 of this Constitution.

Article 265 Existing Courts of Judicature

The Supreme Court and the High Court in existence immediately before the coming into force of this Constitution shall be taken to have been established under this Constitution and shall perform the functions of the Supreme Court and the High Court as specified in Chapter Eight of this Constitution.

Article 266 Existing offices of Judges

(1) A Justice of the Supreme Court or a Judge of the High Court holding office immediately before the coming into force of this Constitution shall continue to hold office as if appointed to that office under this Constitution.

(2) Any person to whom this article applies shall, on the coming into force of this Constitution, be deemed to have taken and subscribed the oath of allegiance and the judicial oath as prescribed by this Constitution or any other law.

Article 267 Interim Membership of Court of Appeal

Upon the coming into force of this Constitution and until Justices of the Court of Appeal are appointed under article 134 of this Constitution, the Chief Justice shall, in consultation with the Principal Judge, from time to time, designate such number of Judges of the High Court as may be necessary to constitute the Court of Appeal.

Article 268 Existing Offices

(l) Subject to the provisions of this article, every person who immediately before the coming into force of this Constitution held or was acting in any office established by or by virtue of the Constitution then in force, so far as is consistent with the provisions of this Constitution, shall be taken to have been appointed as from the coming into force of this Constitution, to hold or to act in the equivalent office under this Constitution.

(2) The provisions of this article shall not prejudice any powers conferred by or under this Constitution or any other law on any person or authority to make provision for the abolition of office, or for the removal from office of persons holding or acting in any office and for requiring persons to retire from office.

(3) In determining, for the purpose of any law relating to retirement benefits or otherwise, the length of service of a public officer to whom clause (1) of this article applies, service as a public officer under the Government in existence immediately before the coming into force of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately after the coming into force of this Constitution.

(4) Except as otherwise provided in this Constitution, the terms and conditions of service of a person to whom this article applies, shall not be less favourable than those applicable to that person immediately before the coming into force of this Constitution.

(5) For the avoidance of doubt. it is declared that any office established before the coming into force of this Constitution which is inconsistent with any provision of this Constitution is, on the coming into force of this Constitution abolished.

Article 269 Regulation of Political Organisations

On the commencement of this Constitution and until Parliament makes laws regulating the activities of political organisations in accordance with article 73 of this Constitution, political activities may continue except-

(a) opening and operating branch offices;

(b) holding delegates’ conference;

(d) sponsoring or offering a platform to or in any way campaigning for or against a candidate for any public elections;

(e) carrying on any activities that may interfere with the movement political system for the time being in force.

Article 270 Existing political Parties, or organisations

Notwithstanding the provisions of clause (2) of article 72 of this Constitution, but subject to article 269 of this Constitution, the political parties or organisations in existence immediately before the coming into force of this Constitution shall continue to exist and operate in conformity with the provisions of this Constitution until Parliament makes laws relating to registration of political parties and organisations.

Article 271 First elections

(1) Notwithstanding the provisions of article 69 of this Constitution, the first Presidential, parliamentary, local government and other public elections after the promulgation of this Constitution shall be held under the movement political system.

(2) Two years before the expiry of the term of the first Parliament elected under this Constitution, any person shall be free to canvass for public support for a political system of his or her choice for purposes of a referendum.

(3) During the last month of the fourth year of the term of Parliament referred to in clause (2) of this article, a referendum shall be held to determine the political system the people of Uganda wish to adopt.

(4) Parliament shall enact laws to give effect to the provisions of this article.

Article 272 Appointment to Certain Offices

The first appointments to the following offices shall be made within six months after the assumption of office of the first President elected in accordance with the provisions of this Constitution-

(a) the Chairperson and other members of the Uganda Human Rights Commission;

(b) the Chairperson and other members of the Electoral Commission;

(d) the Chairperson, Deputy Chairperson and other members of the Judicial Service Commission.

Article 273 Existing Law

(1) Subject to the provisions of this article, the operation of the existing law after the coming into force of this Constitution shall not be affected by the coming into force of this Constitution but the existing law shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.

(2) For the purposes of this article, the expression "existing law" means the written and unwritten law of Uganda or any part of it as existed immediately before the coming into force of this Constitution, including any Act of Parliament or Statute or statutory instrument enacted or made before that date which is to come into force on or after that date.

Article 274 Modification of existing law by first President

The first President elected under this Constitution may, within twelve months after assuming office as President, by statutory instrument, make such provision as may appear necessary for repealing, modifying, adding to or adapting any law for bringing it into conformity with this Constitution or otherwise for giving effect to this Constitution.

Article 275 Enactment not yet in Force

Where immediately before the coming into force of this Constitution any existing law had not been brought into force or was to come into force on a date subsequent to the coming into force of this Constitution, that law may be brought into force in accordance with its terms or shall come into force on such subsequent date as the case may be.

Article 276 Provisions regarding urban authorities

(1) Subject to the provisions of this Constitution, the urban authorities in existence at the coming into force of this urban Constitution other than the Kampala City Council, shall constitute lower local government units under the district councils within whose district they fall.

(2) Subject to the powers of Parliament, the laws applicable to urban authorities immediately before the commencement of this Constitution, shall apply with such modifications as may be necessary to give effect to the provisions of Chapter Eleven of this Constitution.

Article 277 Existing commissions and committees of inquiry

Notwithstanding anything in this Constitution to the contrary, any commission or committee of inquiry in existence immediately before the coming into force of this Constitution, may continue in existence until the submission of its report unless otherwise dissolved in accordance with the law.

Article 278 Oaths Deemed to have been taken

Notwithstanding any provision of this Constitution, any person who immediately before the coming into force of this Constitution held or was acting in any office established under or by virtue of the Constitution then in force and who holds or is acting in an equivalent office under this Constitution, shall be deemed to have taken and subscribed any necessary oath under this Constitution, in accordance with this Constitution.

Article 279 Pending matters

(1) Where any matter or thing has been commenced before the coming into force of this Constitution by any person or authority having power to do so under the existing law, that matter or thing may be carried on and completed by the person or authority having power to do so on or after the coming into force of this Constitution and, unless the President in any case otherwise directs, it shall not be necessary for that person or authority to commence that matter or thing afresh.

(2) This article shall have effect subject to the provisions of this Constitution and to any law made by Parliament.

Article 280 Proceedings pending before courts

Legal proceedings pending immediately before the coming into force of this Constitution before any court, including civil proceedings against the Government, may be proceeded with and completed.

Article 281 Prerogative of mercy re cases before constitution

The prerogative of mercy of the President under article 121 of this Constitution may be exercised in respect of any criminal offences committed before the coming into force of this Constitution as it may in respect of a criminal offence committed after the coming into force of this Constitution.

Article 282 Devolution of Rights and liability

Subject to the provisions of article 283 of this Constitution- (a) any right, prerogative, privilege or function which under the existing law vested in the President shall vest in the President or other person or authority as is specified under this Constitution;

(b) any right, privilege, obligation, liability, or function vested in or subsisting against the Government by or under an existing law shall continue to so vest or subsist. Article 283 Succession to property

(1) All property, whether movable or immovable, and all assets which immediately before the coming into force of this Constitution were vested in any authority or person for the purposes of or in right of the Government or in the Government shall, on the coming into force of this Constitution, vest in the Government, subject to the provisions of Chapter Fifteen of the Constitution.

(2) Any property which was immediately before the coming into force of this Constitution liable to escheat or to be forfeited to any person or authority in right of the Government shall, on the coming into force of this Constitution be liable to escheat or to be forfeited to the Government. Article 284 Succession to Contracts

Where there is subsisting, immediately before the coming into force of this Constitution, a contract which has been entered the coming into by or on behalf of the Government, then on and after the coming into force of this Constitution, all rights, liabilities and obligations of the Government under the contract shall be vested in or, as the case may be, subsist against the Government; and the contract shall otherwise continue to be of full force and effect. Article 285 Revocation of Statutory leases to Urban authorities Upon the coming into force of this Constitution and subject to the provisions of paragraph (a) of clause (2) of article 237 of this Constitution, statutory leases to urban authorities shall cease to exist.

Article 286 International agreements, Treaties and Conventions

where- (a) any treaty, agreement or convention with any country treaties and or international organisation was made or affirmed by Uganda or the Government on or after the ninth day of October, 1962, and was still in force immediately before the coming into force of this Constitution; or

(b) Uganda or the Government was otherwise a party immediately before the coming into force of this Constitution to any such treaty, agreement or convention, the treaty, agreement or convention shall not be affected by the coming into force of this Constitution; and Uganda or the Government, as the case may be, shall continue to be a party to it.

Article 287 Repeal of 1967 Constitution and Legal Notice No. 1 of 1986

(1) Subject to articles 263 and 264 of this Constitution, the Constitution of Uganda of 1967 and Legal Notice No. 1 of 1986 as amended, shall, upon the coming into force of this Constitution, stand repealed.

(2) For the avoidance if doubt, the enactment repealed by clause (1) of this article, shall, notwithstanding the repeal, continue in force for the purposes only of the exercise by NRM Government of its functions under articles 263 and 264 this Constitution.

Chapter18 Preamble