Uganda Case Law

Mugisha and Another v Attorney General (Consitutional Petition 19 of 2017)

Mugisha and Another v Attorney General (Consitutional Petition 19 of 2017) [2023] UGCC 122 (27 January 2023)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 19 of 2017

Judge

Kibeedi Mutangula, JCC, Buteera, JCC, Musota, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC

The Constitutional Court held that the appointment of a serving UPDF officer as Minister of State is not inconsistent with the Constitution, provided the officer is a Member of Parliament or qualified to be elected as such. The Court found no constitutional requirement for resignation from the army prior to appointment and reaffirmed that UPDF representatives in Parliament retain their non-partisan status even when appointed as Ministers. The Court rejected the argument that secondment under Section 38(2) of the UPDF Act or the Oath of Allegiance contravenes constitutional provisions, emphasi…

Source excerpt

• Ministerial Appointments
• Military Officers In Political Office
• Oath Of Allegiance
• Parliamentary Approval
• Traditional Leaders And Political Roles