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Constitutional Law [2023] UGCC 122

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
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Constitutional Law [2015] UGCC 3

Kamba Saleh v Attorney General

Kamba Saleh v Attorney General (Constitutional Petition No. 38 of 2012) [2015] UGCC 3 (25 May 2015)

Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 38 of 2012
Judge
Tibatemwa-Ekirikubinza, JSC

The Constitutional Court found that the petition disclosed a cause of action and the petitioner had locus standi under Article 137(3) of the Constitution. However, the court held that the Appointments Committee of Parliament acted within its constitutional and procedural mandate in considering and either approving or disapproving ministerial appointments. The Committee provided the petitioner with a hearing, and there was no evidence that the petitioner was denied access to information or treated unfairly. The court rejected the petitioner's claims of religious discrimination and infringement…

Source excerpt

  • Ministerial Appointments
  • Parliamentary Approval
  • Natural Justice
  • Right To Fair Hearing
  • Political Participation
  • Discrimination
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Constitutional Law [1980] UGCA 2

Kayiira v Rugumayo

Kayiira v Rugumayo (Constitutional Case 1 of 1979) [1980] UGCA 2 (21 October 1980)

Court
Court of Appeal of Uganda
Case number
Constitutional Case 1 of 1979
Judge
Wambuzi, CJ, Lubogo, JA, Manyindo, J, Asthana, J.A., Benjamin Odoki, J

The Court held that the 1967 Constitution, as modified by Legal Notice No. 1 of 1979 and the Constitution (Modification) Decree No. 5 of 1971, is the supreme law of Uganda. The UNLF Constitution and Moshi Unity Conference Minutes are political documents and do not form part of the municipal law. Ministerial appointments are vested solely in the President, with no requirement for NCC ratification or approval. The NCC, when acting as a legislature, has no power to remove the President from office; its legislative role is confined to law-making. The removal of Prof. Lule was a political act cond…

Source excerpt

  • Supremacy Of Constitution
  • Ministerial Appointments
  • Legislative Powers
  • Removal Of President
  • Party Constitutions
  • Revolutionary Legality
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.