Entebbe– The National Resistance Movement caucus which convened at State House in Entebbe on Friday 7th February 2025, discussed a number of issues with the major focus on the recent Supreme court judgement which outlawed the trying of civilians in the General court martial and other Military tribunals.
According to Hon Obua Dennis Hamson, Government Chief Whip/Chairperson NRM Chairperson, they acted on the guidance of President Yoweri Kaguta Museveni, the National Chairperson of NRM.
“Do hereby resolve as follows; That the NRM Caucus has agreed that the UPDF Amendment Bill currently in Parliament be withdrawn. The Attorney General be given time to draft the new proposals into the UPDF Amendment bill, pursuant to the Supreme Court ruling, and extraordinary caucus meeting be convened to discuss the proposals of the bill.” Remarked Obua
They also agreed that the extra ordinary caucus meeting also discusses the National budget priorities for FY 2025/26
Last week, in majority ruling of Supreme court, the justices ruled that the Unit Summary Trial Authority (STA) and the Unit Disciplinary Committee (UDC) are respectively lawfully established under the law; however, they operate under inconsistent provisions which were established in violation of the Constitution.
Chief justice Alifonse Owiny Dollo in the main judgement pointed out that provisions of s.179 (1) & (2) (now 177(1) & (2)) of the UPDF Act, read together with sec 197 (2) (now s.195 (2), which grant the Subordinate military courts jurisdiction over capital offences, contravene Art. 129(1) (d) and Art. 126(1) of the Constitution; hence they are unconstitutional.
“The provision of s.119(1) (g) (now s. 117 (1) (g)) which tries, in the court martial, civilians who have allegedly aided and abetted the commission of a service offence, or ordinary criminal offence, in which a person subject to military law is a principal offender is declared unconstitutional.”
Court ordered the Executive, to generate the policy, and Parliament to pass the legislation, which addresses and cures the injustice occasioned by the unconstitutional provisions of the UPDF Act, which have now been quashed, by providing for military courts that are clothed with the constitutional safeguards of independence and impartiality that are accorded the ordinary Courts.