Unpacking Mpuuga’s Reforms: All Details Of Uganda’s Constitutional Overhaul Emerge

Mover Of The Blueprint For Change, Mathias Mpuuga (Nyendo-Mukungwe)

In a move to reshape Uganda’s democratic landscape, the former Leader of the Opposition in Parliament (LoP), and Nyendo-Mukungwe MP Mathias Mpuuga, has unveiled a groundbreaking Private Member’s Bill, 2024.

Awaiting for Speaker Anita Among’s allotment of the space on the Parliament’s order paper for official tabling, Mpuuga’s comprehensive overhaul seeks to fortify constitutional and electoral foundations, ensuring power transitions are peaceful, presidential accountability is enhanced, and citizens’ voices are amplified.

“Many of you, friends, have been asking for the contents of our proposals for electoral reforms. Daily Monitor has highlighted some of them. As we wait to be accorded space on the Order Paper, I will be sharing the Bills for the benefit of those who love reading.” Mpuuga posted on his X formerly Twitter on October 16, 2024.

With far-reaching proposals, Mpuuga’s bill promises to reignite the debate on Uganda’s governance structure and future, and if passed, it will make strides in strengthening democratic principles, promoting good governance, and addressing long-standing gaps in Uganda’s Constitution.

Some of the Key Mpuuga’s proposed reforms

Establish a bicameral legislature (National Assembly, and Senate)
Reconstitute Parliament to 342 National Assembly, and 39 Senate members
Reinstate presidential term limits
Replace Vice President with elected Deputy president
Permit registered voters to challenge presidential election results
Establish a Speaker’s Panel
Repeal counties, and constituencies, adopting district, city, and proportional representation
Require parliamentary approval for presidential appointments
Requiring an MP who is appointed a member of cabinet to resign the office of an MP
Prime Minister to advise the president on persons to be appointed Ministers
To require a person who obtains the second-highest number of votes in a presidential election to become the minority leader in the Senate

For a detailed version of Mpuuga’s landmark Private Member’s Bill, here is a word-for-word transcript;

MOTION SEEKING LEAVE OF PARLIAMENT TO INTRODUCE A PRIVATE MEMBER’S BILL ENTITLED “CONSTITUTION (AMENDMENT) BILL

(Moved under Rules 56, 121 and 122 of the Rules of Procedure of Parliament)

WHEREAS Article 79 of the 1995 Constitution of the Republic of Uganda empowers Parliament to make laws for the peace, order, development, and good governance of Uganda;

AND WHEREAS Article 259 of the Constitution permits Parliament to amend, by way of addition, variation or appeal, any provision of this Constitution in accordance with the procedure laid down in the Constitution, through an Act of Parliament, the sole purpose of which is to amend the Constitution;

AWARE THAT Article 94 (4) (b) of the Constitution and Rules 121 and 122 of the Rules of Procedure of Parliament permit a Member of Parliament to move a Private Members’ Bill;

FURTHER AWARE THAT Objective II of the National Objectives and Directive Principles of State Policy of the Constitution require the State to be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance; and all the people of Uganda shall have access to leadership positions at all levels, subject to the Constitution;

ACKNOWLEDGING THAT currently, Uganda operates a unicameral legislature, which has one legislative body, the Parliament of Uganda through which Parliament performs its functions;

APPRECIATING THAT unlike a unicameral legislature, establishment of a bicameral legislature will; enable a more balanced and robust legislative process; allowing for in-depth scrutiny of proposed laws, enhance inclusivity to ensure effective representation of diverse interests and improve checks and balances through the reduction of the concentration of power and ensure stronger oversight of the executive branch;

AWARE THAT Article 63 of the Constitution mandates the Electoral Commission, with the approval of Parliament, to divide Uganda into as many constituencies for the purpose of election of members of Parliament, and through this process the composition of Parliament has grown from 37 Members of Parliament in 1962, to the current 557 members of Parliament in the 11^th Parliament;

CONCERNED THAT the current size of Parliament is a huge cost on government expenditure especially on salaries, allowances and other operational costs, hence necessitating the need to review the composition of Parliament to 342 members of the National Assembly and 39 members of the Senate to represent districts, cities, the youth and persons with disabilities and do away with counties and constituencies;

NOTING THAT repealing counties and constituencies will lead to a more cost-effective governance structure by simplifying the administrative structures and reorganizing them into more coherent and manageable regions as well as allowing for enhanced resource allocation , improved development and service delivery;

COGNIZANT THAT whereas Article 82 of the Constitution provides for the Speaker and Deputy Speaker of Parliament, the Constitution does not provide for situations where the both the Speaker and Deputy Speaker are unable to preside over the House due to unforeseeable circumstances;

REALISING THEREFORE THAT there is need to address this leadership gap through creation of a Speakers’ panel. The panel will improve the management of parliamentary proceedings by enhancing efficiency, inclusivity, and fairness. It would help spread the workload, reflect Uganda’s political and regional diversity, and build capacity for future parliamentary leadership as well as aligning Uganda with best practices seen in other parliaments globally;

NOTING THAT in 2005, the Constitution was amended to among others, remove clause (2) of Article 105 of the Constitution which provided for presidential term limits, an amendment that had an effect of undermining democratic principles;

FURTHER NOTING THAT in order to enhance democratic principles enshrined in the Constitution, there is need to reinstate presidential term limits to; promote democratic transition of power through regular, peaceful transitions of power, which are essential for political stability; prevent over concentration of power which weakens democratic institutions; and encourage accountability as presidents would be more inclined to leave a positive legacy within their limited terms;

AWARE THAT Article 103 of the Constitution restricts challenge of a presidential election to only an aggrieved candidate in a presidential election, a restriction that impedes access to justice especially in circumstances where an aggrieved candidate may not be in position to file a petition due to unavoidable circumstances; hence the need to allow a registered voter to challenge a presidential election upon deposit of security for cost;

CONCERNED THAT the current appointment of the Vice President, Prime Minister, Cabinet Ministers and other Ministers by the President, under Articles 108A (1), 113 (1) and 114(1) and (2) of the Constitution, from among members of Parliament, grossly undermines the doctrine of separation of powers and ultimately, the independence of the legislature;

FURTHER CONCERNED THAT the Vice President appointed under Article 108 of the Constitution, by the President with the approval of Parliament by simple majority, lacks the mandate of the general public given the nature of appointment, yet a Deputy President who is subjected to an election as a running mate of a presidential candidate obtains public trust and is accountable to the public, hence the need to replace the Vice President with a deputy President;

CONVINCED THAT there is need to amend the Constitution in order to promote and enhance democratic principles to address the above gaps as highlighted in the object of the Bill;

NOW THEREFORE, be it resolved that Parliament grants me leave to introduce a Private Member’s Bill entitled “Constitution (Amendment) Bill, a draft of which is hereto attached.

I beg to move.

MOVER: MATHIAS MPUUGA (MP)

NYENDO-MUKUNGWE DIVISION

SECONDER: MAURICE KIBALYA (MP)

BUGABULA COUNTY SOUTH

THE CONSTITUTION (AMENDMENT) BILL

MEMORANDUM

Object of the Bill

The object of the Bill is to amend the Constitution of the Republic of Uganda in accordance with articles 259 and 262 of the Constitution—

to reconstitute the composition of Parliament;
to establish a bicameral legislature;
to provide for presidential term limits;
to require person declared as President to obtain at twenty-five percent of the votes cast in each of the western, eastern, central and northern regions of Uganda;
to require Parliament to enact a law providing for transfer of the executive power after the expiration of a term of office of the President;
to replace the Office of Vice President with the office of Deputy President;
to provide for the election of the Deputy President as a running mate of a presidential candidate;
to permit registered voters to challenge presidential elections upon depositing security for costs;
to require a member of Parliament who is appointed a member of Cabinet to resign the office of member of Parliament;
to require the Prime Minister to advise the President on persons to be appointed Ministers;
to provide for establishment of a Speaker’s Panel;
to require a person who obtains the second highest number of votes in a presidential election to become the minority leader in the Senate;
to repeal counties and constituencies and require the election of members of Parliament to be based on districts, cities and proportional representation of the political parties and organizations in Parliament; and
provide for related matters.

MATHIAS MPUUGA (MP)

Nyendo-Mukungwe Division

ARRANGEMENT OF CLAUSES

Clause

PART I—AMENDMENT OF CHAPTER SIX OF THE CONSTITUTION—REPRESENTATION OF THE PEOPLE

Amendment of Article 61 of the Constitution
Repeal of Article 63 of the Constitution
Amendment of Article 74 of the Constitution

PART II—AMENDMENT OF CHAPTER SIX OF THE CONSTITUTION—THE LEGISLATURE

Amendment of Article 77 of the Constitution
Amendment of Article 78 of the Constitution
Insertion of Article 78A in the Constitution
Amendment of Article 79 of the Constitution
Amendment of Article 81 of the Constitution
Amendment of Article 82 of the Constitution
Amendment of Article 82A of the Constitution
Insertion of Articles 82B and 82C in the Constitution
Amendment of Article 83 of the Constitution
Amendment of Article 84 of the Constitution
Amendment of Article 85 of the Constitution
Amendment of Article 86 of the Constitution
Amendment of Article 87 of the Constitution
Amendment of Article 87A of the Constitution
Amendment of Article 88 of the Constitution
Amendment of Article 89 of the Constitution
Amendment of Article 90 of the Constitution
Amendment of Article 94 of the Constitution

PART III—AMENDMENT OF CHAPTER SEVEN OF THE CONSTITUTION—THE EXECUTIVE

Amendment of Article 98 of the Constitution
Amendment of Article 100 of the Constitution
Amendment of Article 103 of the Constitution
Amendment of Article 104 of the Constitution
Amendment of Article 105 of the Constitution
Amendment of Article 106 of the Constitution
Amendment of Article 107 of the Constitution
Insertion of Article 107A in the Constitution
Substitution of Article 108 of the Constitution
Insertion of Articles 108AA, 108AB, 108BC and 108AD in the Constitution
Amendment of Article 108A of the Constitution
Amendment of Article 109 of the Constitution
Amendment of Article 111 of the Constitution
Amendment of Article 112 of the Constitution
Amendment of Article 113 of the Constitution
Amendment of Article 114 of the Constitution

PART IV—AMENDMENT OF CHAPTER SEVENTEEN OF THE CONSTITUTION—GENERAL AND MISCELLENEOUS

Amendment of Article 252 of the Constitution
Amendment of Article 257 of the Constitution

PART V—AMENDMENT OF CHAPTER NINETEEN OF THE CONSTITUTION—TRANSITIONAL PROVISIONS

Repeal of Article 294 of the Constitution

PART VI—AMENDMENT OF SCHEDULES TO THE CONSTITUTION

Insertion of Third Schedule A and Third Schedule B in the Constitution
Amendment of Fourth Schedule to the Constitution

A BILL FOR AN ACT

ENTITTLED

THE CONSTITUTION (AMENDMENT) ACT, 2024

An Act to amend the Constitution of the Republic of Uganda in accordance with Articles 259 and 262 of the Constitution, to reconstitute the composition of Parliament; to establish a bicameral legislature; to provide for presidential term limits; to replace the Office of Vice President with the office of Deputy President; to provide for the election of the Deputy President; to permit registered voters to challenge presidential elections upon depositing security for costs; to require the Prime Minister to advise the President on persons to be appointed Ministers; to require a member of Parliament who is appointed a Minister to resign the office of member of Parliament; to provide for establishment of a Speaker’s Panel; repeal counties and constituencies and require the election of members of Parliament to be based on districts, cities and proportional representation of the political parties and organizations in Parliament; to require a person who obtains the second highest number of votes in a presidential election to become the minority leader in the Senate; to require Parliament to enact a law providing for transfer of the executive power after the expiration of a term of office of the President and to provide for related matters.

BE IT ENACTED by Parliament as follows:

PART I—AMENDMENT OF CHAPTER FIVE OF THE CONSTITUTION—REPRESENTATION OF THE PEOPLE

Amendment of Article 61 of the Constitution

Article 61 of the Constitution is amended in clause (1) by repealing paragraph (c).

Repeal of Article 63 of the Constitution

Article 63 of the Constitution is repealed.

Amendment of Article 74 of the Constitution

Article 74 of the Constitution is amended in clause (1)(c)—

by substituting for the word “constituencies”, the words “districts and cities”; and
by inserting immediately after the words “Article 78(1)(a)”, the words “and (b)”.

PART II—AMENDMENT OF CHAPTER SIX OF THE CONSTITUTION—THE LEGISLATURE

Amendment of Article 77 of the Constitution

Article 77 of the Constitution is amended—

in clause (1), by inserting immediately after the word “Uganda”, the words “which shall consist of the National Assembly and the Senate”;
by substituting for clause (2), the following—

“(2) The composition and functions of the National Assembly and the Senate shall be as prescribed by this Constitution.”

in clause (3), by substituting for the words “its first sitting”, the words “the first sitting of the National Assembly and the Senate”;
in clause (4), by substituting for the word “Parliament”, the words “the National Assembly”;
by inserting immediately after clause (4), the following—

“(5) The resolution of the National Assembly under clause (4) shall take effect upon approval by not less than two-thirds of all members of the Senate.”

Amendment of Article 78 of the Constitution

The Constitution is amended by substituting for Article 78, the following—

“Composition of the National Assembly

The National Assembly shall consist of—
one hundred thirty-six members, each directly elected to represent a district;
ten members, each directly elected to represent a city;
one hundred thirty-six women, each elected in accordance with clause (3) of this Article to represent a district;
ten women, each elected in accordance with clause (3) of this Article to represent a city;
fifty members elected in accordance with clause (3) of this Article, taking into consideration persons with disabilities and the youth;
Ministers, who shall be ex-officio members of Parliament without the right to vote on any issue requiring a vote in Parliament.
The representatives referred to in clause (1)(a) and (b) of this Article shall be elected on the basis of universal adult suffrage and by secret ballot.
The representatives referred to in clause 1(c) and (d) of this Article, and any interest group referred to in clause (1) (e) of this Article, shall be elected on the basis of proportional representation of political parties and organisations in the National Assembly.
The National Assembly shall, by law, prescribe the procedure for the election of representatives referred to in clause (1)(c) and (d) and interest group referred to in clause (1) (e) of this Article.”

Insertion of Article 78A in the Constitution

The Constitution is amended by inserting immediately after Article 78, the following—

“78A. Composition of the Senate

“(1) The Senate shall consist of—

members directly elected to represent the thirty-nine districts specified in the Third Schedule A which were in existence at the promulgation of the 1995 Constitution of the Republic of Uganda;
the Majority Leader, who shall be designated by the President from among Cabinet Ministers, and who shall be an ex-officio member of the Senate without the right to vote on any issue requiring a vote in the Senate.; and
the Minority Leader, who shall be an ex-officio member of the Senate without the right to vote on any issue requiring a vote in the Senate.

(2) The representatives referred to in clause (1)(a) of this Article shall be elected on the basis of universal adult suffrage and by secret ballot.”

Amendment of Article 79 of the Constitution

Article 79 of the Constitution is amended by inserting immediately after clause (2), the following—

“(2a) Notwithstanding clauses (1) and (2), the functions of the Senate shall be restricted to matters relating to—

regional governments;
equitable revenue sharing;
the management of natural resources;
the management of national game parks;
traditional leaders; and
approval of appointments by the President requiring Parliament approval.”

Amendment of Article 81 of the Constitution

Article 81 of the Constitution is amended—

by substituting for clause (2), the following—

“(2) Whenever a vacancy occurs in Parliament—

the Clerk to the National Assembly shall, where the vacancy occurs in the National Assembly; or
the Clerk to the Senate shall, where the vacancy occurs in the Senate,

notify the Electoral Commission, in writing, within ten days after the vacancy has occurred.”

by inserting immediately after clause (2), the following—

“(2a) The Electoral shall, within thirty days after being notified under clause (2) of this Article, hold a by-election.”

by substituting for clause (4), the following—

“(4) Every person elected to the National Assembly shall take and subscribe the oath of allegiance and the oath of member of National Assembly specified in the Fourth Schedule to this Constitution.”

by inserting immediately after clause (4), the following—

“(4a) Every person elected to the Senate shall take and subscribe the oath of allegiance and the oath of member of Senate specified in the Fourth Schedule to this Constitution.”

in clause (5), by substituting for the word “Parliament”, the words “the National Assembly or the Senate”.

Amendment of Article 82 of the Constitution

Article 82 of the Constitution is amended—

in the headnote, by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (1), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (2), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (3), by substituting for the words “Vice President”, the words “Deputy President”;
in clause (4), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (6), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (7)—

(i) in paragraph (c), by substituting for the word “Parliament”, the words “the National Assembly”;

(ii) in paragraph (d), by substituting for the word “Parliament”, the words “the National Assembly”; and

(iii) in paragraph (e), by substituting for the word “Parliament” wherever the word appears, the words “the National Assembly”

in clause (8), by substituting for the word “Parliament”, the words “the National Assembly”.

Amendment of Article 82A of the Constitution

Article 82A of the Constitution is amended by substituting for the word “Parliament” wherever the word appears, the words “the National Assembly”.

Insertion of Articles 82B and 82C in the Constitution

The Constitution is amended by inserting immediately after Article 82A, the following—

“82B. Leader of Minority

Under the multi organisations or multiparty form of democracy, there shall be, in the Senate, a Leader of Minority.
The Leader of Minority shall be a person who obtains the second highest number of votes in a presidential election.
The National Assembly shall, by law, prescribe the following in respect of the Leader of Minority—

(a) his or her status;

(b) his or her role and functions;

(d) how he or she ceases to hold that office.

82C. Speaker’s Panel

There shall be, in Parliament, a Speaker’s Panel comprising of two members of Parliament elected by members of Parliament from among members of Parliament, one of whom shall be a member from an opposition political party represented in Parliament.
The functions and procedures for election of a member of the Speaker’s Panel shall be prescribed by Parliament by law.
An ex-officio member of Parliament shall not qualify for election on the Speaker’s Panel.
A member of the Speaker’s Panel may, in the absence of the Speaker and Deputy Speaker, preside at a sitting of Parliament.”

Amendment of Article 83 of the Constitution

Article 83 of the Constitution is amended—

in clause (1)—

(i) in paragraph (a), by inserting immediately after the word “Speaker”, the words “or Deputy President, as the case may be”;

(ii) by substituting for paragraph (d), the following—

“(d) if that person is absent from fifteen sittings of the National Assembly or the Senate without permission in writing of the Speaker or Deputy President during any period when the National Assembly or the Senate is continuously meeting and is unable to offer a satisfactory explanation to the relevant parliamentary committee for his or her absence;”;

in clause (2b), by substituting for the word “Parliament”, the words “the National Assembly”.

Amendment of Article 84 of the Constitution

Article 84 of the Constitution is amended—

in clause (1), by substituting for the phrase “constituency and of any interest group referred to in Article 78”, the phrase “district, city and any interest group referred to in Articles 78 or 78A”;
in clause (3)—

(i) by substituting for the words “constituency”, the words “district or city”; and

(ii) by inserting immediately after the word “Speaker”, the words “or Deputy President, as the case may be”;

in clause (4), by inserting immediately after the word “Speaker” wherever the word appears, the words “or Deputy President, as the case may be”;
in clause (5), by inserting immediately after the word “Speaker”, the words “or Deputy President”;
in clause (6), by substituting for the word “Parliament”, the words “the National Assembly”.

Amendment of Article 85 of the Constitution

Article 85 of the Constitution is amended in clause (1) by substituting for the word “Parliament” appearing immediately after the word “by”, the words “the National Assembly”.

Amendment of Article 86 of the Constitution

Article 86 of the Constitution is amended in clause (3) by substituting for the word “Parliament”, the words “the National Assembly”.

Amendment of Article 87 of the Constitution

Article 87 of the Constitution is amended—

by substituting for the headnote, the following—

“Clerks to National Assembly and Senate, and other staff”

by substituting for clause (1), the following—

“(1) There shall be two public officers designated Clerk to the National Assembly and Clerk to the Senate, appointed by the President acting in accordance with the advice of the Public Service Commission.”

in clause (2), by substituting for the word “Parliament”, the words “the National Assembly and the Senate”;
in clause (3), by substituting for the word “Parliament”, the words “the National Assembly”;
by substituting for clause (4), the following—

“(4) The salary, emoluments and gratuity of the staff of the National Assembly and the staff of the Senate shall be determined by the National Assembly subject to Article 93 of this Constitution.”

Amendment of Article 87A of the Constitution

Article 87A of the Constitution is amended by substituting for the word “Parliament”, the words “the National Assembly”.

Amendment of Article 88 of the Constitution

Article 88 of the Constitution is amended—

by substituting for clause (1), the following—

“(1) The quorum of the National Assembly shall be prescribed by the rules of procedure of the National Assembly made under Article 94 of this Constitution.”

by inserting immediately after clause (1), the following—

“(1a) The quorum of the Senate shall be prescribed by the rules of procedure of the Senate made under Article 94 of this Constitution.”

by substituting for clause (2), the following—

“(2) For the avoidance of doubt, the rules of procedure of the National Assembly and the rules of Procedure of the Senate may prescribe different quorums for different purposes.”

Amendment of Article 89 of the Constitution

Article 89 of the Constitution is amended—

by substituting for clause (1), the following—

“(1) Except as otherwise prescribed by this Constitution or any law consistent with this Constitution, any question proposed for decision of the National Assembly or the Senate shall be determined by a majority of votes of the members present and voting in a manner prescribed by rules of procedure made under Article 94 of this Constitution.”

in clause (2), by substituting for the word “Parliament”, the words “the National Assembly”; and
inserting immediately after clause (2), the following—

“(2a) The person presiding in the Senate shall not have an original vote but if on any question before the Senate the votes are equally divided, the person presiding shall have casting vote.”

Amendment of Article 90 of the Constitution

Article 90 of the Constitution is amended—

in clause (1), by substituting for the word “Parliament”, the words “The National Assembly”;
by inserting immediately after clause (1), the following—

“(1a) The Senate shall appoint committees necessary for the efficient discharge of its functions.”

by substituting for clause (2), the following—

“(2a) The National Assembly and the Senate shall, each prescribe, by its rules of procedure, powers, composition and functions of its committees.”

in clause (3)—

(i) by substituting for the word “Parliament” appearing immediately after the words “committees of, the words “the National Assembly and the Senate”;

(ii) in paragraph (b), by substituting for the words “Parliament”, the words “the respective House”.

by inserting immediately after clause (3), the following—

“(4) Notwithstanding clause (1) of this Article, Parliament may establish joint committees consisting of members of the National Assembly and the Senate.

(5) Where Parliament establishes joint committees under clause (4), the National Assembly and the Senate shall jointly regulate the procedure of the joint committees.”

Amendment of Article 94 of the Constitution

Article 94 of the Constitution is amended—

in clause (1), by substituting for the words “Parliament may”, the words “the National Assembly and the Senate may each”;
by inserting immediately after clause (1), the following—

“(1a) Notwithstanding clause (1) of this Article, the National Assembly and the Senate shall make rules to regulate joint sittings of the National Assembly and the Senate.”

in clause (2), by substituting for the word “Parliament”, the words “the National Assembly and the Senate”;
in clause (3), by substituting for the word “Parliament”, the words “the National Assembly or the Senate”;
in clause (4)—

(i) by substituting for the “Parliament” appearing immediately before the word “shall”, the words “the National Assembly and the Senate”;

(ii) by substituting for paragraph (a), the following—

“(a) the Speaker and Deputy President shall determine the order of business in the National Assembly and the Senate, respectively and shall give priority to Government business;”

PART III—AMENDMENT OF CHAPTER SEVEN OF THE CONSTITUTION—THE EXECUTIVE

Amendment of Article 98 of the Constitution

Article 98 of the Constitution is amended in clause (2), by substituting for the words “Vice President”, the words “Deputy President”.

Amendment of Article 100 of the Constitution

Article 100 of the Constitution is amended by substituting for the words “Vice President”, the words “Deputy President”.

Amendment of Article 103 of the Constitution

Article 103 of the Constitution is amended—

in clause (2) by inserting immediately after paragraph (b), the following—

“(c) that person nominates a person who is qualified for election as President, as a candidate for Deputy President in accordance with article 108.”

by substituting for clause (4), the following—

“(4) A candidate shall not be declared elected as President unless—

the number of votes cast in favour of the candidate at the presidential election is more than fifty-one percent of valid votes cast at the election; and
the candidate obtains at least twenty-five percent of the votes cast in each of the four regions of Uganda.”

“(c) by inserting immediately after clause (9), the following—

“(10) For the purposes of this Article, the phrase “four regions of Uganda” means the Central region, Eastern region, Northern region and Western region, each comprising districts set out in the Third Schedule B to this Constitution.”

Amendment of Article 104 of the Constitution

Article 104 of the Constitution is amended—

in (1) by inserting immediately after the words “aggrieved candidate”, the words “or a registered voter”;
by inserting immediately after clause (1), the following—

“(1a) A registered voter who intends to petition under clause (1) of this Article shall deposit, in the Supreme Court, security for costs as shall be determined by the Supreme Court.”

Amendment of article 105 of the Constitution

Article 105 of the Constitution is amended—

by substituting for clause (2), the following—

“(2) A person shall not hold office as President for more than two terms.”

by substituting for clause (2a), the following—

“(2a) A bill for an Act of Parliament seeking to amend this clause and clause (1a) of this Article shall not be taken as passed unless—

it is supported at the second and third reading in Parliament by not less than two-thirds of all Members of Parliament; and

(b) it has been referred to a decision of the people and approved by the people in a referendum.”

by inserting immediately after clause (2a), the following—

“(2aa) Notwithstanding clause (2), a person who is President immediately before the coming into force of this Act shall only be eligible for election as President for only one more term.”

in clause (6), by substituting for the words “Vice President”, the words “Deputy President”.

Amendment of article 106 of the Constitution

Article 106 of the Constitution is amended by substituting for the word “Parliament” wherever the word appears, the words “the National Assembly”.

Amendment of article 107 of the Constitution

Article 107 of the Constitution is amended—

in clause (2), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (4), by substituting for the word “Parliament”, the words “the National Assembly”;
by substituting for clause (6), the following—

“(6) If the tribunal determines that there is a prima facie case for the removal of the President under clause (1)(a) or (b) of this Article, and the National Assembly and the Senate sitting jointly pass the resolution supported by the votes of not less than two-thirds of all members of the National Assembly and the Senate, the President shall cease to hold office.”

in clause (7), by substituting for the word “Parliament”, the words “the National Assembly”;
in clause (9), by substituting for the word “Parliament”, the words “the National Assembly”;
by substituting for clause (11), the following—

“(11) If the medical board determines that the President is by reason of physical or mental incapacity unable to perform the functions of the office of President, and the National Assembly and the Senate sitting jointly pass the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of the National Assembly and the Senate, the President shall cease to hold office.”

by substituting for clause (12), the following—

“(12) If the medical board, after the expiration of the period of seven days referred to in clause (10) of this Article, reports that the President has failed or refused to submit to the medical board in accordance with that clause, and the National Assembly and the Senate sitting jointly pass the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of the National Assembly and the Senate sitting jointly, the President shall cease to hold office.”

in clause (14), by substituting for the word “Parliament”, the words “the National Assembly and the Senate”.

Insertion of Article 107A in the Constitution

The Constitution is amended by inserting immediately after Article 107, the following—

“107A. Presidential Transition

Parliament shall enact a law to provide for transfer of the executive power after the expiration of the term of office of a President.”

Substitution of Article 108 of the Constitution

The Constitution is amended by substituting for Article 108, the following—

“108 Deputy President

There shall be a Deputy President of Uganda.
The Deputy President shall—
deputise for the President in the execution of the President’s functions;
preside over the Senate;
perform such other functions as may be assigned to him or her by the President, or as may be conferred on him or her in this Constitution.”

Insertion of Articles 108AA, 108AB, 108AC and 108AD in the Constitution

The Constitution is amended by inserting immediately after Article 108, the following—

“108AA. Election of Deputy President

A candidate in a presidential election shall nominate a person who is qualified for nomination for election as President, as a candidate for Deputy President.
The qualifications prescribed for the office of President by Article 102 of this Constitution shall apply to the office of Deputy President.
Notwithstanding clause (2), a person shall not be nominated as a candidate for Deputy President under clause (1) of this Article unless the person comes from a region different from the region that the presidential candidate making the nomination comes from.
Subject to clauses (2) and (3) of this Article, the Electoral Commission shall declare the person nominated by a candidate in a presidential election as a nominated candidate for Deputy President for that presidential candidate.
For the purposes of clauses (2) and (4) of this Article, there shall be no separate nomination process for the Deputy president.
A person declared nominated by the Electoral Commission under clause (4) of this Article shall appear on a ballot paper alongside the presidential candidate that nominated him or her.
The Electoral Commission shall declare the candidate nominated by the person who is elected as the President to be elected as the Deputy President.
The Deputy President shall, before assuming office, take and subscribe the oath of allegiance and the oath of Deputy President specified in the Fourth Schedule to this Constitution.
The swearing in of the Deputy President-elect shall be before the Chief Justice or in the absence of the Chief Justice, the Deputy Chief Justice.

“108AB. Tenure of office of Deputy President

The term of office of Deputy President shall run from the date of swearing in of the Deputy President and cease—
when the President’s term of office expires unless the office is vacated in accordance with this Constitution; or
when a new President is elected into office as a result of a bye-election.
Subject to clause (1) of this Article, a person shall not hold office as Deputy President for more than two terms.
The Deputy President shall not hold any other public office or any office of profit or emolument likely to compromise the office of Deputy President.

“108AC. Terms and conditions of Deputy President

The Deputy President shall be paid a salary and allowances and afforded such other benefits as the National Assembly shall by law provide.
The National Assembly shall, by law, make provision for the grant of benefits for a Deputy President who ceases to hold office otherwise than by being removed under Article 108AD(1)(a) or (b) of this Constitution.
The salary, allowances and other benefits granted to a Deputy President under this Article shall be charged on the Consolidated Fund.
The Deputy President is exempted from direct personal taxation on allowances and other benefits except on the official salary.
The salary, allowances and other benefits granted to the Deputy President under this Article shall not be varied to the disadvantage of the Deputy President while he or she holds office.
The retirement benefits granted to a Deputy President under this Article shall not be varied to the disadvantage of the Deputy President.

“108AD. Removal of the Deputy President

The Deputy President may be removed from office in accordance with this Article on any of the following grounds—
abuse of office or wilful violation of the oath of allegiance and the oath of Deputy President or any provision of this Constitution;
misconduct or misbehaviour—

(i) that he or she has conducted himself or herself in a manner which brings or is likely to bring the office of Deputy President into hatred, ridicule, contempt or disrepute; or

(ii) that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of Uganda; or

physical or mental incapacity, which renders him or her incapable of performing the functions of his or her office.
For the purpose of removal of the Deputy President under clause (1)(a) or (b) of this Article, a notice in writing signed by not less than one-third of all the members of the National Assembly shall be submitted to the Speaker—
stating that they intend to move a motion for a resolution in National Assembly for the removal of the Deputy President on the charge that the Deputy President has—

(i) wilfully abused his or her office or wilfully violated the oath of allegiance and the oath of Deputy President or any other provision of this Constitution in terms of clause (1)(a) of this Article; or

(ii) misconducted himself or herself or misbehaved in terms of clause (1)(b) of this Article; and

setting out the particulars of the charge supported by the necessary documents on which it is claimed that the conduct of the Deputy President be investigated for the purposes of his or her removal.
The Speaker shall, within twenty-four hours after receipt of the notice referred to in clause (2) of this Article, cause a copy to be transmitted to the Deputy President and the Chief Justice.
The Chief Justice shall, within seven days after receipt of the notice transmitted under clause (3) of this Article, constitute a tribunal comprising three justices of the Supreme Court, to investigate the allegation in the notice and to report its findings to the National Assembly stating whether or not there is a prima facie case for the removal of the Deputy
The Deputy President is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her choice.
Where the tribunal determines that there is a prima facie case for the removal of the Deputy President under clause (1)(a) or (b) of this Article, and the National Assembly and the Senate sitting jointly pass the resolution supported by the votes of not less than two-thirds of all members of the National Assembly and the Senate, the Deputy President shall cease to hold office.
The sitting of the National Assembly and the Senate under clause (6) of this Article shall be chaired by the Speaker.
For the purposes of the removal of the Deputy President on grounds of physical or mental incapacity under clause (1)(c) of this Article, there shall be submitted to the Speaker, a notice in writing signed by not less than one-third of all the members of Parliament—
stating that the members intend to move a motion for a resolution in Parliament for the removal of the President from office on grounds of physical or mental incapacity; and
giving particulars of the alleged incapacity.
The Speaker shall, within twenty-four hours after receipt of a notice under clause (8) of this Article, cause a copy to be transmitted to the Deputy President and the Chief Justice.
The Chief Justice shall, within seven days after receipt of the notice transmitted under clause (9) of this Article and in consultation with the professional head of the medical services in Uganda, constitute a medical board comprising five qualified and eminent medical specialists to examine the Deputy President in respect of the alleged incapacity and to report its findings to the National Assembly.
The Chief Justice shall, within twenty-four hours after constituting the medical board, inform the Deputy President accordingly, and the Deputy President shall submit himself or herself to the medical board for examination within seven days.
If the medical board determines that the Deputy President is by reason of physical or mental incapacity unable to perform the functions of the office of Deputy President, and the National Assembly and the Senate sitting jointly pass the resolution for the removal of the Deputy President supported by the votes of not less than two-thirds of all the members of the National Assembly and the Senate, the Deputy President shall cease to hold office.
If the medical board, after the expiration of the period of seven days referred to in clause (11) of this Article, reports that the Deputy President has failed or refused to submit to the medical board in accordance with that clause, and the National Assembly and the Senate sitting jointly pass the resolution for the removal of the Deputy President supported by the votes of not less than two-thirds of all the members of the National Assembly and the Senate sitting jointly, the Deputy President shall cease to hold office.
The motion for a resolution for the removal of the Deputy President shall be moved in Parliament, by the National Assembly and the Senate sitting jointly, within fourteen days after the receipt by the Speaker of the report of the tribunal or the medical board.
The Deputy President is entitled to appear in person and be heard and to be assisted or represented by a lawyer or other expert or person of his or her choice during the proceedings of Parliament relating to the motion for a resolution under this Article.
Where the office of the Deputy President becomes vacant, the President shall, within fourteen days and with the approval of the National Assembly, appoint a person qualified to hold the office of the Deputy President to serve for the remainder of the term of the President.

Amendment of Article 108A of the Constitution.

Article 108A of the Constitution is amended—

by substituting for clause (1), the following—

“(1) There shall be a Prime Minister who shall be appointed by the President with approval of the National Assembly by simple majority from among persons qualified to be elected members of Parliament.”;

in clause (2)—

(i) in paragraph (a), by substituting for the word “Parliament”, the words “the National Assembly”;

(ii) by inserting immediately after paragraph (a), the following—

“(aa) be responsible for presenting to the Senate, persons nominated by the President for appointment as Ministers, for approval by the Senate;”

Amendment of Article 109 of the Constitution

Article 109 of the Constitution is amended in clause (1) by substituting for the words “Vice President” wherever the words appear, the words “Deputy President”.

Amendment of Article 111 of the Constitution

Article 111of the Constitution is amended in clause (1) by substituting for the words “Vice President”, the words “Deputy President”.

Amendment of Article 112 of the Constitution

Article 112 of the Constitution is amended in clause (1)—

by substituting for the words “Vice President”, the word “Deputy President”; and
by substituting for the words “a Minister designated in writing by the President”, the words “the Prime Minister”.

Amendment of Article 113 of the Constitution

Article 113 of the Constitution is amended—

by substituting for clause (1), the following—

“(1) The President shall, on the advice of the Prime Minister and with the approval of the Senate, appoint Cabinet Ministers from among persons qualified for election as members of Parliament.”

by inserting immediately after clause (1), the following—

“(1a) Where the President appoints a member of Parliament as a Cabinet Minister under clause (1), the member of Parliament shall resign his or her office of a member of Parliament.”;

in clause (2), by repealing the words “except with the approval of Parliament”.

Amendment of Article 114 of the Constitution

Article 114 of the Constitution is amended—

by substituting for clause (1), the following—

“(1) The President may, on the advice of the Prime Minister and with the approval of the Senate, appoint other Ministers from among persons qualified for election as members of Parliament to assist Cabinet Ministers in the performance of their functions.”

by inserting immediately after clause (1), the following—

“(1a) Where the President appoints a member of Parliament as a Minister under clause (1) of this Article, the member of Parliament shall resign his or her office of a member of Parliament.”;

in clause (3), by repealing the words “except with the approval of Parliament”.

PART IV—AMENDMENT OF CHAPTER FOURTEEN OF THE CONSTITUTION—GENERAL AND MISCELLENEOUS

Amendment of Article 252 of the Constitution

Article 252 of the Constitution is amended in clause (3) by substituting for paragraph (a), the following—

“(a) the Deputy President”

Amendment of Article 257 of the Constitution

Article 257 of the Constitution is amended—

in clause (1)—

(i) by inserting immediately after the definition of the words “local government council”, the following—

““member of Parliament” means a member of the National Assembly and a member of the Senate;

“National Assembly” means the Lower Chamber of Parliament;”

(ii) by inserting immediately after the definition of the words “public service”, the following—

““Senate” means the Upper Chamber of Parliament;”

in clause (2)(b), by substituting for the words “Vice President”, the words “Deputy President”.

PART V—AMENDMENT OF CHAPTER NINETEEN OF THE CONSTITUTION—TRANSITIONAL PROVISIONS

Repeal of article 294 of the Constitution

Article 294 of the Constitution is repealed.

PART VI—AMENDMENT OF SCHEDULES TO THE CONSTITUTION

Insertion of Third Schedule A and Third Schedule B in the Constitution

The Constitution is amended by inserting immediately after the Third Schedule, the following—

Third Schedule A

Article 78A

“Districts of Uganda as at 1995

Arua
Bundibugyo
Kabale
Kampala
Kasese
Kibale
Kisoro
Kotido
Kumi
Mbale
Moroto
Nebbi
Pallisa
Rukungiri
Soroti
Tororo
Kabarole
Kapchorwa
Moyo
Gulu
Kitgum
Apac
Lira
Iganga
Jinja
Kamuli
Hoima
Masindi
Kalangala
Kiboga
Masaka
Mpigi
Mubende
Mukono
Luwero
Rakai of
Bushenyi
Mbarara
Ntungamo

Third Schedule B

Articles 103, 108AA

Districts comprising the four regions of Uganda

Central region

Buikwe
Bukomansimbi
Butambala
Buvuma
Gomba
Kalangala
Kalungu
Kampala
Kassanda
Kayunga
Kiboga
Kyankwanzi
Kyotera
Luweero
Lwengo
Lyantonde
Masaka
Mityana
Mpigi
Mubende
Mukono
Nakaseke
Nakasongola
Rakai
Sembabule
Wakiso

Eastern Region

Amuria
Budaka
Bududa
Bugiri
Bugweri
Bukedea
Bukwo
Bulambuli
Busia
Butaleja
Butebo
Buyende
Iganga
Jinja
Kaberamaido
Kalaki
Kaliro
Kamuli
Kapchorwa
Kapelebyong
Katakwi
Kibuku
Kumi
Kween
Luuka
Manafwa
Mayuge
Mbale
Namayingo
Namisindwa
Namutumba
Ngora
Pallisa
Serere
Sironko
Soroti
Tororo

Northern Region

Abim
Adjumani
Agago
Alebtong
Amolatar
Amudat
Amuru
Apac
Arua
Dokolo
Gulu
Kaabong
Karenga
Kitgum
Koboko
Kole
Kotido
Kwania
Lamwo
Lira
Madi-Okollo
Maracha
Moroto
Moyo
Nabilatuk
Nakapiripirit
Napak
Nebbi
Nwoya
Obongi
Omoro
Otuke
Oyam
Pader
Pakwach
Terego
Yumbe
Zombo

Western region

Buhweju
Buliisa
Bundibugyo
Bunyangabu
Bushenyi
Hoima
Ibanda
Isingiro
Kabale
Kabarole
Kagadi
Kakumiro
Kamwenge
Kanungu
Kasese
Kazo
Kibaale
Kikuube
Kiruhura
Kiryandongo
Kisoro
Kitagwenda
Kyegegwa
Kyenjojo
Masindi
Mbarara
Mitooma
Ntoroko
Ntungamo
Rubanda
Rubirizi
Rukiga
Rukungiri
Rwampara
Sheema”

Amendment of Fourth Schedule to the Constitution

The Fourth Schedule to the Constitution is amended—

in the oath of President/Vice President, by substituting for the words “Vice President”, the words “Deputy President”;
in the oath of member of Parliament, by substituting for the word “Parliament”, wherever the word appears, the word “National Assembly”; and
by inserting immediately after the oath of member of Parliament, the following—

“Oath of Member of Senate.

I, _______________________________________, swear in the name of the Almighty God/solemnly affirm that I will give faithful service to this Senate and support and uphold the Constitution of the Republic of Uganda as by law established. [So help me God.]”