Chapter 5

REPRESENTATION OF THE PEOPLE

Article 59

(1) Every citizen of Uganda of eighteen years of age or above, has a right to vote.

(2) It is the duty of every citizen of Uganda of eighteen years of age or above, to register as a voter for public elections and referenda.

(3) The State shall take all necessary steps to ensure that all citizens qualified to vote, register and exercise their right to vote.

(4) Parliament shall make laws to provide for the facili-tation of citizens with disabilities to register and vote.

Article 60

(1) There shall be an Electoral Commission which shall consist of a Chairperson, a Deputy Chairperson and five other members, appointed by the President with the approval of Parliament.

(2) Members of, the, Commission shall be persons of high moral character, proven integrity and who possess considerable experience and demonstrated competence in the conduct of public affairs.

(3) The members of the Commission shall hold office for seven years and their appointment may be renewed for one more term only.

(4) If the appointment of a member of the Commission is being renewed, the renewal shall be done at least three months before the expiry of the first term.

(5) A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the Commission -

(a) a member of Parliament; or

(b) a member of a local government council; or

(d) a public officer.

(6) Members of the Commission shall be paid such emoluments as Parliament may determine.

(7) If a member of the Commission is absent or dies, the President shall, with the approval of Parliament, appoint a person -qualified in terms of this article to act in his or her place until that person is able again to resume his or her duties or as the case may be, until a new person is appointed to fill the vacancy.

(8) A member of the Commission may be removed from office by the President only for

(a) inability to perform the functions of his or her office arising out of physical or mental incapacity;

(b) misbehaviour or misconduct; or

Article 61

The Electoral Commission shall have the following functions -

(a) to ensure that regular, free and fair elections are held;

(b) to organise, conduct and supervise elections and refe-renda in accordance with this Constitution;

(d) to ascertain, publish and declare in writing under its seal the results of the elections and referenda;

(e) to compile, maintain, revise and update the voters' register;

(f) to hear and determine election complaints arising before and during polling;

(g) to formulate and implement civic educational pro-grammes relating to elections; and

(h) to perform such other functions as may be prescribed by Parliament by law.

Article 62

Subject to the provisions of this Constitution, the Commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority.

Article 63

(1) Subject to clauses (2) and (3) of this article, Uganda shall be divided into as many constituencies for the purpose of election of members of Parliament as Parliament may prescribe; and each constituency shall be represented by one member of Parliament.

(2) When demarcating constituencies for the purposes of clause (1) of this article, the Electoral Commission shall ensure that each county, as approved by Parliament, has at least one member of Parliament; except that no constituency shall fall within more than one county.

(3) Subject to clause (2) of this article, the boundary of a constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota.

(4) For the purposes of clause (3) of this article, the number of inhabitants of a constituency may be greater or less than the pop-ulation quota in order to take account of means of communication, geographical features, density of population, area and boundaries of districts.

(5) Subject to clause (1) of this article, the Commission shall review the division of Uganda into constituencies within twelve months after the publication of results of a census of the population of Uganda and may as a result reEdemarcate the constituencies.

(6) Where the boundary of a constituency established under this article is altered as a result of a review, the alteration shall come into effect upon the next dissolution of Parliament.

(7) For the purposes of this article, “population quota” means the number obtained by dividing the number of inhabitants of Uganda by the number of constituencies into which Uganda is to be divided under this article.

Article 64

(1) Any person aggrieved by a decision of the Electoral Commission in respect of any of the complaints referred to in paragraph (f) of article 61 of this Constitution, may appeal to the High Court.

(2) A person aggrieved by a decision of the Commission in respect of a demarcation of a boundary may appeal to a tribunal consisting of three persons appointed by the Chief Justice; and the Commission shall give effect to the decision of the tribunal.

(3) A person aggrieved by a decision of the tribunal made under clause (2) of this article, may appeal to the High Court.

(4) A decision of the High Court on an appeal under clause (1) or clause (3) of this article shall be final.

(5) Parliament shall make laws providing for procedure for the expeditious disposal of appeals referred to in this article.

Article 65

The appointment of officers and employees of the Electoral Commission shall be made by the Commission acting in consultation with the Public Service Commission.

Article 66

(1) Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively.

(2) The Commission shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances.

(3) The administrative expenses of the Commission, including salaries, allowances and pensions payable to or in respect of persons serving with the Commission, shall be charged on the Consolidated Fund.

Article 67

(1) The Electoral Commission shall ensure that elections are held at times fixed and notified in advance to the public.

(2) No candidate in an election shall be denied reasonable access, and use of State-owned communication media.

(3) All presidential candidates shall be given equal time and space on the State-owned, media to present their programmes to the people.

(4) Parliament shall make laws, regulating the use of pub-lic resources and institutions during election campaigns.

Article 68

(1) At a public election or referendum, voting shall, subject to the provisions of this Constitution, be by secret ballot using one ballot box at each polling station for all candidates in an election and for all sides in a referendum.

(2) Immediately after the close of the poll, the presiding officer shall proceed to count at the polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question.

(3) A candidate is entitled to be present in person or through his or her representatives or polling agents at the polling station throughout the period of voting, counting of the votes and ascertaining of he results of the poll.

(4) The presiding officer, the candidates or their repre-sentatives and in the case of a referendum, the sides contesting or their agents, if any, shall sign and retain a copy of a declaration stating -

(a) the polling station;

(b) the number of votes cast in favour of each candidate or question; and the presiding officer shall there and then, announce the results of the voting at that polling station before communicating them to the returning officer.

(5) Subject to the provisions of this Constitution, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum.

Article 69

(1) The people of Uganda shall have the right to choose and adopt a political system of their choice through free and fair elections or referenda.

(2) The political systems referred to in clause (1) of this article shall include -

(a) the movement political system;

(b) the multi-party political system; and

Article 70

(1) The movement political, system is broad based, inclusive and nonEpartisan and shall conform, to the following principles -

(a) participatory democracy;

(b) democracy, accountability and transparency;

(d) individual merit as a basis for election to political offices

(2) Parliament may –

(a) create organs under the movement political system and define their roles; and

(b) prescribe from time to time, any other democratic principle of the movement political system, as it may consider necessary.

Article 71

A political party in the multi-party political system shall conform to the following principles -

(a) every political party shall have a national character;

(b) membership of a political party shall not be based on sex, ethnicity, religion, or other sectional division;

(c) the internal organization of a political party shall conform to the democratic principles enshrined in this Constitution;

(d) members of the national organs of a political party shall be regularly elected from citizens of Uganda in conformity with the provisions of paragraphs (a) and (b) of this article and with due consideration for gender;

(e) political parties shall be required by law to account for the sources and use of their funds and assets;

(f) no person shall be compelled to join a particular party be virtue of belonging to an organization or interest group

Article 72

(1) Subject to the provisions of this Constitution, the right to form political parties and any other political organisations is guaranteed.

(2) An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.

(3) Parliament shall by law regulate the financing and functioning of political organisations.

Article 73

(1) Subject to the provisions of this Constitution, but Regulations notwithstanding the provisions of paragraph (e) of clause (1) of article 29 and article 43 of this Constitution, during the period when any of the political systems provided for in this Constitution has been adopted, organisations subscribing to other political systems may exist subject to such regulations as Parliament shall law prescribe.

(2) Regulations prescribed under this article shall not exceed what is necessary for enabling the political system adopt-ed to operate.

Article 74

(1) A referendum shall be held for the purpose of changing the political system -

(a) if requested by a resolution supported by more than half of all members of Parliament; or

(b) if requested by a resolution supported by the majority of the total membership of each of at least one half of all district councils; or

(c) if requested through a petition to the Electoral Commission by at least one-tenth of the registered voters from each of at least twoEthirds of the con-stituencies for which representatives are required to be directly elected under paragraph (a) of clause (1) of article 78 of this Constitution.

(2) The political system may also be changed by the elected representatives of the people in Parliament and district councils by resolution of Parliament supported by not less than two thirds of all members of Parliament upon a petition to it sup-ported by not less than two thirds majority of the total membership of each of at least half of all district councils.

(3) The resolutions or petitions for the purposes of chang-ing the political system shall be taken only in the fourth year of the term of any Parliament.

Article 75

Parliament shall have no power to enact a law establishing a one-party state.

Article 76 General

Parliament may, subject to the provisions of this Constitution, enact such laws as may be necessary for the purposes of this Chapter, including laws for the registration of voters, the conduct of public elections and referenda and, where necessary, making provision for voting by proxy.

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