Controversial UPDF Bill Sparks Legal Uproar

admin
Article arrow_drop_down

Kampala-Uganda. The recent passage of the Uganda People’s Defence Forces (Amendment) Bill, 2025 by Parliament has sparked widespread backlash from legal professionals, opposition leaders, and human rights advocates.

The proposed law, which is now awaiting presidential assent, has been heavily criticized for undermining constitutional principles, due process, and human rights—particularly in relation to the continued trial of civilians in military courts.

Critics argue that the legislature missed a crucial chance to address long-standing flaws in the military justice system. They contend that instead of reforming problematic provisions, the Bill reinforces practices that are inconsistent with Uganda’s constitutional framework.

Alice Alaso, the acting national coordinator for the Alliance for National Transformation (ANT) and a former Member of Parliament, denounced the Bill as being imposed on the public without proper consultation.

“This law is an affront to constitutionalism and an open attack on the rule of law,” she said. Alaso warned that the Bill could lead to further abuse, including unlawful arrests and torture of civilians under the pretext of military justice.

She also drew parallels with the Public Order Management Act (POMA), which was once used to target opposition figures but later proved politically inconvenient to its proponents.

Alaso accused Parliament of contributing to political instability and systematic rights violations. She pledged support for initiatives aimed at challenging the Bill’s legality and effectiveness.

Although certain MPs welcomed reforms in the Bill related to command structure, pensions, and health services within the military, others remained sharply critical. Bugweri County MP Abdu Katuntu maintained that the central issue—military courts trying civilians—should have been addressed before the amendments were approved.

“The entire controversy centered around one issue: the trial of civilians by military courts,” Katuntu emphasized. He expressed concern over inconsistencies in how the Supreme Court’s past rulings on the matter have been interpreted.

According to him, judges have reached similar conclusions using differing legal reasoning, resulting in confusion that Parliament failed to resolve.

Katuntu also stressed that military justice should serve not only to protect civilians but to ensure fairness for soldiers as well. “Justice should apply to all, whether in uniform or not,” he said.

Legal experts have echoed this concern, particularly over disparities in the right to appeal. Under the new amendments, civilians accused of serious offenses such as murder can appeal up to the Supreme Court, while soldiers tried in military courts are limited to a single appeal at the Court of Appeal.

Jude Byamukama, managing partner at JByamukama & Co. Advocates, argued that this creates a two-tier justice system and violates the principle of legal equality. “You can’t have a legal system where civilians are allowed broader appeal rights than soldiers charged with the same crimes,” he noted.

Byamukama further criticized the Bill for not aligning with the Human Rights Enforcement Act. He argued that accused persons in military courts should benefit from the same rights protections afforded under human rights legislation. Despite raising these issues, his suggestions were not incorporated into the final version of the Bill.

The Uganda Law Society (ULS) also raised red flags, choosing not to appear before the joint parliamentary committee reviewing the Bill.

The ULS cited insufficient time to scrutinize the proposed law and prepare meaningful submissions. The Society has a history of challenging government actions in court on similar constitutional matters.

Referencing Article 38 of Uganda’s Constitution, which grants citizens the right to participate in public affairs, Byamukama argued that the legislative process fell short of democratic standards. “In many jurisdictions, provisions like Article 38 are interpreted to mean that citizens must have a genuine opportunity to contribute during the lawmaking process,” he said.

Yusuf Nsibambi, vice president of the Forum for Democratic Change (FDC) and a lawyer, described the Bill as both unconstitutional and politically driven. He emphasized that the Supreme Court had clearly ruled military courts are disciplinary bodies, not competent to try civilians. “Parliament has no mandate to override judicial interpretation by legitimizing practices deemed unconstitutional,” Nsibambi said.

With mounting resistance from civil society, opposition parties, and legal experts, there are growing expectations that the UPDF Amendment Bill will be challenged in both the Constitutional and Supreme Courts. Critics cite the continued trial of civilians in military courts, unequal appeal rights for soldiers, and a rushed legislative process as violations of Uganda’s constitutional protections.

About the author

About the author call_made

admin

More posts

trending_flat
London: A Black Pride Haven

BY JAMES KABENGWA. LONDON.  Queen Elizabeth Olympic Park was Sunday filled with the vibrant energy of UK Black Pride- celebrating its 20th anniversary. It brought together LGBTQ+ people of African, Asian, Caribbean, Latin American, and Middle Eastern descent joined by their other global enthusiasts and members. Among the thousands of attendees were many Ugandans who have found refuge and peace in the UK. For these individuals, the event was more than a celebration. It was a powerful act of defiance. It stood in stark contrast to the realities of their home country, Uganda, where a draconian Anti-Homosexuality Act was passed in 2023. This law includes severe penalties, with "aggravated homosexuality" punishable by death and other consensual same-sex acts by life imprisonment. The legislation criminalizes virtually every aspect of LGBTQ+ life, including advocacy and support for the community. Uganda is one […]

trending_flat
Uganda and Nigeria Forge Anti-Graft Alliance to Boost Trade

Nigeria’s High Commissioner to Uganda, Ambassador John Shama Shaga, has met with the head of the State House Anti-Corruption Unit, Brig Gen Henry Isoke, to discuss a joint effort to combat fraud. The collaboration is aimed at creating a safer investment environment and boosting bilateral trade between the two nations, particularly under the African Continental Free Trade Area.

trending_flat
Three Charged in Cattle Compensation Scandal

KAMPALA.  Three suspects, including a politician and a UPDF soldier, have been charged with the theft of over UGX 1.5 billion from a government cattle compensation program in Uganda's Otuke District. The State House Anti-Corruption Unit (SHACU) announced the arraignment of the trio before the Otuke Magistrate’s Court following a joint investigation with the CID and the Office of the Director of Public Prosecutions (ODPP). The accused are identified as Akasa Jimmy Mokili, a politician; Okengo Jaspher, an LCIII Chairperson; and Sgt. Amoni Benz of the UPDF. According to reports from the Daily Secrets, this is part of a larger criminal scheme targeting vulnerable, often elderly, beneficiaries who lost livestock during the LRA insurgency and Karamoja cattle raids. The conspirators allegedly manipulated the bank account registration process, gaining access to victims' funds and either stealing the money outright or giving […]

Richard Kizza Lugobwa
trending_flat
Uganda Election Turmoil Looms: Warnings Abound

By RICHARD KIZZA LUGOBWA LONDON - As Uganda approaches the 2026 general elections, concerns over the integrity of the electoral process are intensifying following widespread malpractice during the ruling National Resistance Movement (NRM) party primaries last month. The primaries, held to select party flagbearers for parliamentary and local government positions, were marred by irregularities triggering a wave of concern across the political and civic landscape. Critics, civil society organizations, opposition politicians and observers fear that the widespread irregularities are a warning sign of deeper systemic electoral failures that undermine the credibility of next year's national polls likely to plunge the country into political turmoil. Multiple reports from civil society organizations, independent monitors, and local media have documented instances of ballot stuffing, partisan behavior by state institutions, voter intimidation, bribery, and violence during the NRM primaries. In numerous districts, party officials […]

trending_flat
Vitol, UNOC now accused of failure to protect petroleum products from adulteration, siphoning

In the wake of accusations of supply of adulterated petroleum products, now Uganda National Oil Company and VITOL Energy Limited are being accused of failure to protect fuel trucks from siphoning. Recent videos and images circulating on various social media platforms show individuals siphoning fuel from moving trucks within the city, an act which analysts say could spark deadly disasters. This newspaper understands that Uganda has in the past witnessed deadly accidents where people who tried to siphon fuel were killed when the fuel caught fire. Hotspots for fuel siphoning include Busia, Jinja, and Banda as well as Northern Bypass and Namuwongo area. Kampala police spokesperson Patrick Onyango told this newspaper they were investigating cases of fuel siphoning in the said areas. He warned those involved of severe punishment once arrested. VITOL-UNOC deal Vitol Energy partnered with the Uganda National […]

trending_flat
Why King Caesar Mulenga camp should go slow on shs1.8b entrepreneurship camp

KAMPALA: The ongoing National Resistance Movement (NRM) Entrepreneurs League elections have been marred by controversy, particularly surrounding claims made by the Ceasor Mulenga camp. According to sources, Mulenga's team has been spreading false information about injecting shs1.8b into the Entrepreneurs League SACCO. The Truth Behind the Claims A thorough investigation has revealed that these claims are entirely baseless. There is no evidence to suggest that Mulenga or his team has deposited any funds, let alone shs1.8 billion, into the SACCO. This lack of financial commitment raises serious questions about the credibility of Mulenga's campaign promises as he vies for the position of Chairman of the NRM Entrepreneurs League. Furthermore, when the Buganda and Kampala NRM SACCOs requested that Mulenga deposits funds into their accounts, he avoided doing so. According to Al Hajj Karim Karamagi, the contestant for CEC's Vice Chairman […]

Related

trending_flat
London: A Black Pride Haven

BY JAMES KABENGWA. LONDON.  Queen Elizabeth Olympic Park was Sunday filled with the vibrant energy of UK Black Pride- celebrating its 20th anniversary. It brought together LGBTQ+ people of African, Asian, Caribbean, Latin American, and Middle Eastern descent joined by their other global enthusiasts and members. Among the thousands of attendees were many Ugandans who have found refuge and peace in the UK. For these individuals, the event was more than a celebration. It was a powerful act of defiance. It stood in stark contrast to the realities of their home country, Uganda, where a draconian Anti-Homosexuality Act was passed in 2023. This law includes severe penalties, with "aggravated homosexuality" punishable by death and other consensual same-sex acts by life imprisonment. The legislation criminalizes virtually every aspect of LGBTQ+ life, including advocacy and support for the community. Uganda is one […]

trending_flat
Uganda and Nigeria Forge Anti-Graft Alliance to Boost Trade

Nigeria’s High Commissioner to Uganda, Ambassador John Shama Shaga, has met with the head of the State House Anti-Corruption Unit, Brig Gen Henry Isoke, to discuss a joint effort to combat fraud. The collaboration is aimed at creating a safer investment environment and boosting bilateral trade between the two nations, particularly under the African Continental Free Trade Area.

trending_flat
Three Charged in Cattle Compensation Scandal

KAMPALA.  Three suspects, including a politician and a UPDF soldier, have been charged with the theft of over UGX 1.5 billion from a government cattle compensation program in Uganda's Otuke District. The State House Anti-Corruption Unit (SHACU) announced the arraignment of the trio before the Otuke Magistrate’s Court following a joint investigation with the CID and the Office of the Director of Public Prosecutions (ODPP). The accused are identified as Akasa Jimmy Mokili, a politician; Okengo Jaspher, an LCIII Chairperson; and Sgt. Amoni Benz of the UPDF. According to reports from the Daily Secrets, this is part of a larger criminal scheme targeting vulnerable, often elderly, beneficiaries who lost livestock during the LRA insurgency and Karamoja cattle raids. The conspirators allegedly manipulated the bank account registration process, gaining access to victims' funds and either stealing the money outright or giving […]

Richard Kizza Lugobwa
trending_flat
Uganda Election Turmoil Looms: Warnings Abound

By RICHARD KIZZA LUGOBWA LONDON - As Uganda approaches the 2026 general elections, concerns over the integrity of the electoral process are intensifying following widespread malpractice during the ruling National Resistance Movement (NRM) party primaries last month. The primaries, held to select party flagbearers for parliamentary and local government positions, were marred by irregularities triggering a wave of concern across the political and civic landscape. Critics, civil society organizations, opposition politicians and observers fear that the widespread irregularities are a warning sign of deeper systemic electoral failures that undermine the credibility of next year's national polls likely to plunge the country into political turmoil. Multiple reports from civil society organizations, independent monitors, and local media have documented instances of ballot stuffing, partisan behavior by state institutions, voter intimidation, bribery, and violence during the NRM primaries. In numerous districts, party officials […]

trending_flat
Vitol, UNOC now accused of failure to protect petroleum products from adulteration, siphoning

In the wake of accusations of supply of adulterated petroleum products, now Uganda National Oil Company and VITOL Energy Limited are being accused of failure to protect fuel trucks from siphoning. Recent videos and images circulating on various social media platforms show individuals siphoning fuel from moving trucks within the city, an act which analysts say could spark deadly disasters. This newspaper understands that Uganda has in the past witnessed deadly accidents where people who tried to siphon fuel were killed when the fuel caught fire. Hotspots for fuel siphoning include Busia, Jinja, and Banda as well as Northern Bypass and Namuwongo area. Kampala police spokesperson Patrick Onyango told this newspaper they were investigating cases of fuel siphoning in the said areas. He warned those involved of severe punishment once arrested. VITOL-UNOC deal Vitol Energy partnered with the Uganda National […]

trending_flat
Why King Caesar Mulenga camp should go slow on shs1.8b entrepreneurship camp

KAMPALA: The ongoing National Resistance Movement (NRM) Entrepreneurs League elections have been marred by controversy, particularly surrounding claims made by the Ceasor Mulenga camp. According to sources, Mulenga's team has been spreading false information about injecting shs1.8b into the Entrepreneurs League SACCO. The Truth Behind the Claims A thorough investigation has revealed that these claims are entirely baseless. There is no evidence to suggest that Mulenga or his team has deposited any funds, let alone shs1.8 billion, into the SACCO. This lack of financial commitment raises serious questions about the credibility of Mulenga's campaign promises as he vies for the position of Chairman of the NRM Entrepreneurs League. Furthermore, when the Buganda and Kampala NRM SACCOs requested that Mulenga deposits funds into their accounts, he avoided doing so. According to Al Hajj Karim Karamagi, the contestant for CEC's Vice Chairman […]