The government is set to table the controversial Uganda People’s Defence Forces (UPDF) Amendment Bill following a resolution by the ruling National Resistance Movement (NRM) to support a proposal allowing the trial of armed civilians in the Court Martial.
The UPDF Amendment Bill was previously withdrawn earlier this year to accommodate changes prompted by the Supreme Court’s January 2025 ruling, which barred the trial of civilians in the General Court Martial. The bill will be tabled latter today.
The UPDF Amendment Bill, 2024, aims to align military law with new government policies and evolving command, control, and administrative structures within the Defence Forces, particularly in light of the introduction of new service branches.
In addition, the bill seeks to improve the welfare of Defence Forces personnel. Key provisions address gaps in healthcare services, propose the decentralization of the Pension Authority from the Ministry of Public Service to the Ministry of Defence and Veteran Affairs, and enhance disability compensation to ensure fair and adequate payments for officers and enlisted personnel.
Government Chief Whip Hamson Obua recently announced that the NRM Caucus resolved to support the proposed amendments to the UPDF Act as presented by the Attorney General.
“We resolved that misconduct by serving military personnel will be tried first by the Military Court Martial, with the right to appeal through civilian courts. Civilians who illegally acquire specified firearms will also be tried first by the Military Court Martial, with the right to appeal through civilian courts,” Obua stated.
However, legal experts have emphasized that any new legislation must align with the Supreme Court’s ruling and not override it. Article 92 of the Constitution explicitly prohibits Parliament from enacting laws that overturn or nullify court decisions.
Among the proposed changes, the bill renames the Unit Disciplinary Committee to the Unit Court Martial and disbands the Court Martial Appeals Court. The revised military justice system will comprise the Unit Court Martial, Division Court Martial, and the General Court Martial.
