Constitution

Uganda 1995 Constitution (reviewed 2017)

Table of Contents

CHAPTER 19. TRANSITIONAL PROVISIONS

263. Transitional Government

[Repealed]

264. Particular functions of Transitional Government

[Repealed]

265. Existing Courts of Judicature

[Repealed]

266. Existing offices of Judges

[Repealed]

267. Interim membership of Court of Appeal

[Repealed]

268. Existing offices

  1. 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.

269. Regulation of political organisations

[Repealed]

270. Existing political parties, or organisations

[Repealed]

271. First elections

[Repealed]

272. Appointment to certain offices

[Repealed]

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.

274. Modification of existing law by first President

[Repealed]

275. Enactments 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.

276. Provisions regarding urban authorities

[Repealed]

277. Existing commissions and committees of inquiry

[Repealed]

278. Oaths deemed to have been taken

[Repealed]

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.

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.

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.

282. Devolution of rights and liabilities

Subject to the provisions of article 283 of this Constitution-

  1. 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;
  2. 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.

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 this 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.

284. Succession to contracts

Where there is subsisting, immediately before the coming into force of this Constitution, a contract which has been entered 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.

285. Revocation of statutory leases to urban authorities

[Repealed]

286. International agreements, treaties and conventions

Where-

  1. any treaty, agreement or convention with any country 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
  2. 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.

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

[Repealed]

288. Term of current Parliament to end with term of the President

  1. Notwithstanding anything in this Constitution, the term of the Parliament in existence at the time this article comes into force, shall expire on the same date as the five year term of the President in office at the time this article comes into force as prescribed by clause (1) of article 105 of this Constitution.
  2. Where the service of a member of Parliament is terminated as a result of the application of clause (1), that member of Parliament is entitled to the payment by the State of compensation for loss of employment for the period by which his or her service as a member of Parliament is shortened.
  3. The amount of compensation to be paid to a member of Parliament under clause (2) shall be equal to the salary and allowances that the member of Parliament would have earned as a member if he or she had continued to be a member until the date on which the term of the Parliament in question would normally have ended.
  4. Where a member of Parliament entitled to compensation under clause (2) dies before the payment to him or her of the compensation, the compensation shall be paid to his or her estate.

289. Term of current Parliament

Notwithstanding anything in this Constitution, the term of the Parliament in existence at the time this article comes into force, shall expire after seven years of its first sitting after the general elections.

289A. Application of Clause 2 of article 105

Clause 2 of article 105 shall come into effect upon dissolution of the Parliament in existence at the commencement of this Act.

290. Five year term of local government councils not to apply to existing Councils

  1. For the avoidance of doubt, the term of five years prescribed for local government councils by clause (4) of article 181 of this Constitution shall only apply after the expiration of the term of the local government councils which were in existence at the time that that clause came into force.
  2. The term of local government councils in being at the time of the commencement of the Constitution (Amendment) Act, 2005 shall be deemed to be extended to expire at the same time as the term of the President in office at the commencement of that Act.

291. Term of current local government councils

For the avoidance of doubt, the term of seven years prescribed for local government councils by clause (4) of article 181 of this Constitution shall apply to the term of the local government councils in existence at the commencement of this Act.

292. Preservation of rights in respect of existing offices

Subject to article 268, any person holding any office under this Constitution before the coming into force of the Constitution (Amendment) Act, 2005 shall, so far as consistent with this Constitution, continue in office in an equivalent office.

293. Existing constituencies

Until Parliament prescribes the constituencies under article 63, the constituencies shall be those into which Uganda was divided before the coming into force of the Constitution (Amendment) Act, 2005.

294. Movement organs continued

Until the first Parliamentary elections for the purpose of the multi party political system are held, the organs under the movement political system as referred to in clause (2) of article 70 of the Constitution shall remain in force and thereafter shall be subject to clause (3) of article 70 and article 73.