Uganda Act or statute

Parliament of Uganda

Referendum and Other Provisions Act, 2005

Jurisdiction: Uganda
Structure: 33 provisions
Citation: Act 1 of 2005
Dates: As at 22 Feb 2005

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Dates: As at 22 Feb 2005

Source attribution: Source: Uganda Legal Information Institute

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“This Act may be cited as the Referendum and Other Provisions Act, 2005.”

This Act may be cited as the Referendum and Other Provisions Act, 2005. This section provides definitions for terms used in the Act, including agent, Commission, currency point, election officer, Minister, and side. People registered as voters for public elections by the date of voting are entitled to vote at a referendum; if the referendum is limited to a part of Uganda, only those registered in that part and present there on that date are entitled. The Commission must cause a referendum to be held when a valid petition requesting a referendum is submitted and satisfies the statutory requirements for signatures and form. People and groups may canvass and form referendum committees; referendum committees must organise canvassing and appoint agents; the Commission must issue guidelines which committees and agents must follow; canvassing must stop 24 hours before polling; contravention is an offence punishable by a fine up to twelve currency points or imprisonment up to six months or both.

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Preliminary - Short title

This Act may be cited as the Referendum and Other Provisions Act, 2005.

Section 1

Referenda generally - Electoral commission to be responsible for referenda

The Commission is responsible for organising, conducting and supervising all referenda under the Act and must publish notices (in the Gazette) setting the referendum date and issue; it must ensure referenda are held on the same day acro…

Section 4

Change in political system by referenda or by petitions and resolutions - Time for resolutions or petitions for changing of political systems under article 74 of the Constitution

Resolutions or petitions to change the political system under article 74 of the Constitution may be taken only in the fourth year of any Parliament's term.

Section 17

Challenging results of referenda - Witness in petition

Witnesses shall be summoned and sworn like civil witnesses; the court may summon and examine persons who may assist; parties may cross-examine persons summoned by the court under paragraph (b) if they wish.

Section 25

Miscellaneous - Repeal of Cap 142A

The Referendum Act is repealed.

Section 33

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Showing 33 of 33 provisions

Provision 19Offence 9Amendment 2Short title

Part I

Preliminary

§ 1Preliminary - Short titleShort title

This Act may be cited as the Referendum and Other Provisions Act, 2005.

Section Short title Section This Act may be cited as the Referendum and Other Provisions Act, 2005.

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section provides definitions for terms used in the Act, including agent, Commission, currency point, election officer, Minister, and side.

Section Interpretation Section In this Act unless the context otherwise requires— “agent” means a person authorized by a side to represent the side in a referendum; “Commission” means the Electoral Commission established by article 60 of the Constitution; “currency point” has the meaning assigned to it in the First Schedule to this Act; “election officer” includes a returning officer, assistant returning officer, registration officer, assistant registration officer and any other officer appointed by or under the authority of the commission with responsibility for registration of voters, or for presiding over voting in any election or for counting votes at any election. “Minister” means the Minister responsible for public elections and referenda; “side” means the supporter of an affirmative answer to a question in a referendum or the supporter of a negative answer to a question in a referendum, as the case may be, and sides shall be taken to mean both the supporters of an affirmative answer and the supporters of a negative answer to a question in a referendum.

Section 2Verify source

Part II

Referenda generally

§ 10Referenda generally - Persons entitled to vote at a referendumProvision

People registered as voters for public elections by the date of voting are entitled to vote at a referendum; if the referendum is limited to a part of Uganda, only those registered in that part and present there on that date are entitled.

Section Persons entitled to vote at a referendum Section The persons entitled to vote at a referendum under this Act are— persons registered as voters for public elections by the date of voting in the referendum; or where the referendum is to take place only in a particular part of Uganda, persons registered as voters for public elections in that part of Uganda, by the date of voting in the referendum and who are present in that part of Uganda on that date.

Section 10Verify source

§ 11Referenda generally - Right of citizens to demand referendaOffence

The Commission must cause a referendum to be held when a valid petition requesting a referendum is submitted and satisfies the statutory requirements for signatures and form.

Section Right of citizens to demand referenda Section A referendum shall be held under this section— if the petition is supported— The Commission shall cause a referendum to be held for the purposes of article 255 of the Constitution, either nationally or in any particular part of Uganda if a petition is made for the purpose under this section. if a petition is made in writing, in the case of a national referendum, by a registered voter and in the case of a referendum in a particular part of Uganda, by a voter registered in that part of Uganda; and in the case of a national referendum, by at least one tenth of the total registered voters from at least one third of the districts of Uganda; and in the case of a referendum in a particular part of Uganda, by at least one third of the total registered voters in that part of Uganda. A petition under this section shall be addressed to the Commission. The petition shall be signed by each registered voter supporting the petition and shall state the issue on which a referendum is requested and such other matters as may be prescribed by regulations made under section 31 . The Commission shall, on receiving a petition under this section, verify whether the petition has been duly submitted by a registered voter and supported by the required number of registered voters. The Commission shall verify whether the signatures are those of registered voters and that subsection (2) (b) has been complied with. For the avoidance of doubt, it shall be sufficient for the purposes of subsection (6), if the Commission ascertains whether the names of the persons who purport to have signed the petition appear on the national voters register for the purpose of the referendum. The Commission shall, notwithstanding subsection (7), display the petition with the list of the names and signatures supporting the petition, in a public place in each polling station to which the referendum relates, for public scrutiny. A person who claims that his or her name was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, shall lodge an objection in the prescribed form to the Commission. The Commission shall, by notice in the Gazette , appoint a period of not less than fourteen days for the purpose of public scrutiny and lodging of objections under subsections (8) and (9). If the Commission, upon inquiry into an objection lodged under subsection (9) is satisfied that the name of the person lodging the objection was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, the Commission shall not count that person as one of the persons supporting the petition. A person who includes among the persons supporting a petition under subsection (2) the name of a person without the consent of that person, or who knowingly includes the name of a person who died before the date of the petition among the persons supporting the petition, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. The Commission, upon being satisfied that a petition has been duly submitted in accordance with this section, shall issue a certificate to that effect in the prescribed form stating its findings in the matter. The Commission shall, within fourteen days, cause the certificate under subsection (13) to be published in the Gazette . If the Commission certifies that the particulars in the petition are correct and in accordance with this section, the Commission shall, within thirty days after publication of the certificate in the Gazette , appoint under section 4 a date for the holding of the referendum nationally or in the particular part of Uganda as requested in the petition.

Section 11Verify source

§ 12Referenda generally - Canvassing for a referendumOffence

People and groups may canvass and form referendum committees; referendum committees must organise canvassing and appoint agents; the Commission must issue guidelines which committees and agents must follow; canvassing must stop 24 hours before polling; contravention is an offence punishable by a fine up to twelve currency points or imprisonment up to six months or both.

Section Canvassing for a referendum Section Subject to the Constitution and this Act, any person or group of persons is free to canvass for support of any side in a referendum and may form a referendum committee or a similar structure for the purpose. It shall be the duty of a referendum committee to organise the canvassing for its side, and to appoint agents for the purposes of canvassing and voting. A referendum committee shall be free to organise at national and local levels until the referendum is held. Subject to the Constitution and any other law, every person or group of persons shall enjoy freedom of expression and access to information in the exercise of the right to canvass in a referendum. The Commission shall issue guidelines for orderly canvassing which shall be complied with by every committee or agent while conducting canvassing for the referendum under this Act. Canvassing for a referendum shall cease twenty four hours before the date of polling in the referendum. Any person who contravenes subsection (6), commits an offence and is liable on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both.

Section 12Verify source

§ 13Referenda generally - Prohibition of incitement to public disorder etc.Offence

Persons must not, while canvassing in a referendum, use defamatory language or language that incites public disorder, hatred, or violence.

Section Prohibition of incitement to public disorder etc. Section A person shall not, while canvassing in a referendum, use any language which is defamatory or which constitutes incitement to public disorder, hatred, or violence. A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section 13Verify source

§ 14Referenda generally - Supply of copies of Bill for referendum under article 259 and processing of Bill for Presidential assentProvision

Sets timelines and steps for forwarding Bills to the Commission for referendum, the Commission's duty to hold referenda and report results, and the Clerk to Parliament's duties to certify and forward Bills for presidential assent.

Section Supply of copies of Bill for referendum under article 259 and processing of Bill for Presidential assent Section Where the result of a referendum held for approving a Bill has been declared under section 8 , the Commission shall, within seven days after the declaration of the result— Where a Bill is to be submitted to a referendum under article 259 of the Constitution, the Clerk to Parliament shall, within fourteen days after the Bill has been passed by Parliament, forward to the Commission, a copy of the Bill as passed and cause the Bill to be published in the Gazette and also in the media. The Clerk to Parliament shall, in the case of a Bill to be forwarded to the Commission under subsection (1), in addition to the statement issued by him or her under section 8 of the Acts of Parliament Act, certify in the prescribed form that the Bill has been supported at the Second and Third Readings in Parliament by not less than two-thirds of all members of Parliament. Notwithstanding subsection (2) of section 3 , the question for the approval of a Bill referred to a decision of the people by referendum under article 259(1)(b) of the Constitution shall be in the form specified in the Second Schedule to this Act. The Commission shall take steps to hold a referendum under article 259 of the Constitution within six months after receipt of a Bill and a certificate of the Clerk to Parliament under this section, or where doing so is impracticable, within a further period not exceeding six months from the expiry of the first period of six months. if the Bill was approved at the referendum, forward to the Clerk to Parliament a certificate under article 262(2) (b) of the Constitution in the form specified in Part VIII of the Second Schedule to the Acts of Parliament Act in respect of the Bill; or if the Bill was not approved at the referendum, forward to the Clerk to Parliament a statement in the prescribed form indicating that the Bill was not approved at the referendum. Where the Clerk to Parliament receives a certificate of the Commission under subsection (5)(a) that a Bill has been approved at a referendum, the Clerk to Parliament shall, within fourteen days after receipt of the certificate, forward the Bill to the President for assent, accompanied by the certificate of the Commission together with a certificate issued by the Speaker of Parliament under clause (2)(a) of article 262 of the Constitution which shall be in the form specified in Part VI of the Second Schedule to the Acts of Parliament Act.

Section 14Verify source

§ 3Referenda generally - Referendum generallyAmendment

Referenda are to be held in specified circumstances; the Commission must frame the referendum question in consultation with the sides.

Section Referendum generally Section Referenda shall be held in the following circumstances— if a demand is made by citizens of Uganda under article 255 of the Constitution and the provisions of section 11 of this Act are complied with; if a request is made for the holding of a referendum under paragraph (a), (b), or (c) of clause (1) of article 74 of the Constitution and the provisions of section 15 of this Act are complied with; and if a referendum is required for amending the Constitution under article 259 of the Constitution. Where a referendum is to be held under this section, the Commission shall, in consultation with the sides in the referendum, frame the question to be used in the referendum. Any question submitted to a referendum under this section shall be framed so as to enable the voters to make a choice. In a referendum the voting may be on one question or a series of questions. For the avoidance of doubt, two or more referenda may be held on the same day.

Section 3Verify source

§ 4Referenda generally - Electoral commission to be responsible for referendaProvision

Section Electoral commission to be responsible for referenda Section For the avoidance of doubt, the Commission shall organise, conduct and supervise all referenda held under this Act. The Commission shall, by notice published in the Gazette , notify the date for a referendum to be held under this Act and shall state in the notice the issue in respect of which the referendum is to be held. The Commission shall provide for the referendum to be held everywhere on the same day in the whole of Uganda or as the case may be, in the whole of the part of Uganda where the referendum is intended to be held, unless it is impracticable so to do; and in that case referendum may be held on different dates in different places as is practicable. Where the referendum is to take place in a particular part of Uganda the notice issued under subsection (2) shall specify clearly the boundaries of that part. The Commission shall, at least two months before a referendum, formulate and implement civic education programmes relating to the referendum.

Section 4Verify source

§ 5Referenda generally - Voting at a referendumProvision

Presiding officers must open and show ballot boxes empty before polling; presiding officers must count and record votes after the poll; the Commission must select and publish ballot symbols; sides and presiding officers must sign and retain a declaration; agents of sides are entitled to be present during voting and counting.

Section Voting at a referendum Section The presiding officer and the sides contesting in the referendum or their agents, if any, shall sign and retain a copy of a declaration stating— The following shall apply in respect of the signing of the declaration and the announcement of results of voting under subsection (7)— where any of the sides or their agents refuse or fail to sign the declaration form— Before polling begins in a referendum, the presiding officer at each polling station shall open each ballot box to be used at that polling station and show it to the voters present as being empty and shall give the voters present reasonable opportunity to inspect the ballot box. The Commission shall, in consultation with the sides, select symbols which shall be used on the ballot paper in a referendum to facilitate the exercise of a choice by voters. The symbols agreed upon shall be published in the Gazette . At a referendum, voting shall, subject to the provisions of the Constitution, be by secret ballot using one ballot box at each polling station for all sides in the referendum. Immediately after the close of the poll, the presiding officer shall proceed to count at the polling station, the ballot papers of that station and record the votes cast in favour of or against each question. Subject to this Act, agents of a side in a referendum shall be entitled to be present at the polling station throughout the period of voting, counting and tallying of the votes and ascertaining of the results of the poll. the polling station; the number of votes cast in favour of each question; the sides or their agents shall sign the declaration form before the announcement of the results under subsection (7); the sides and their agents refusing or failing to sign shall record on the declaration form the reasons for the refusal or failing to sign; and where they refuse or fail to record the reasons, the presiding officer shall record the fact of their refusal or failure; where any side or agent is absent, the presiding officer shall record the fact of their absence; the refusal or failure of a side or agent to sign any declaration form under subsection (7) or to record the reasons for their refusal to sign as required under this subsection shall not by itself invalidate the results announced under subsection (7); the absence of a side or an agent from the signing of a declaration form or the announcement of results under subsection (7) shall not by itself invalidate the results announced under subsection (7).

Section 5Verify source

§ 6Referenda generally - Majority of votes required in a referendumProvision

An issue decided by referendum is determined by a majority of the votes cast at the referendum.

Section Majority of votes required in a referendum Section Subject to the provisions of the Constitution and this Act, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum.

Section 6Verify source

§ 7Referenda generally - Where no side obtains required majorityProvision

If no side obtains the majority referred to in section 6 in a referendum, the position that prevailed before the referendum shall remain.

Section Where no side obtains required majority Section Where in any referendum no side obtains the majority referred to in section 6 , the position prevailing before the referendum and in respect to which a decision by way of referendum was sought, shall remain.

Section 7Verify source

§ 8Referenda generally - Publication of results of a referendumProvision

The Commission must ascertain, publish and declare referendum results in the prescribed form under its seal within 48 hours of final polling; it must publish results in the media; and within 14 days after that publication it must cause them to be published in the Gazette.

Section Publication of results of a referendum Section The Commission shall ascertain, publish and declare in writing in the prescribed form, under its seal, the results of a referendum within forty eight hours from the close of final polling in the referendum. The Commission shall publish the results of the referendum in the media and shall, within fourteen days after publication of the results under subsection (1), cause them to be published in the Gazette . For all purposes of the referendum, the results published in the Gazette shall be taken to be the official results of the referendum.

Section 8Verify source

§ 9Referenda generally - Application of other electoral lawsProvision

This Act is to be read together with the Electoral Commission Act; provisions of the Parliamentary Elections Act, 2001 about voting, counting, tallying and announcing results apply to referenda under this Act (with necessary modifications), and the Commission may apply other relevant provisions with such modifications.

Section Application of other electoral laws Section This Act shall be read as one with the Electoral Commission Act. The provisions of the Parliamentary Elections Act, 2001 relating to voting, counting and tallying of votes and announcing of results of elections shall, subject to this Act, apply to a referendum held under this Act, with such modifications as may be necessary. The Commission may also apply to a referendum held under this Act such other provisions of the Parliamentary Elections Act, 2001 as may be relevant and subject to such modifications as may be necessary.

Section 9Verify source

Part III

Change in political system by referenda or by petitions and resolutions

§ 15Change in political system by referenda or by petitions and resolutions - Referenda for change in political system under article 74 (1) of the ConstitutionOffence

Rules for verification, certification, publication and objections in relation to requests for referenda to change the political system under article 74 of the Constitution, including time limits for some actions and criminal penalties for false or improper inclusion of names.

Section Referenda for change in political system under article 74 (1) of the Constitution Section The Commission, upon receipt of a resolution under subsection (2) in respect of a request for the holding of a referendum under paragraph (b) of clause (1) of article 74 of the Constitution, shall verify the matter and shall certify whether or not the resolution was duly passed; and upon receipt of the required number of duly passed resolutions in accordance with paragraph (b) of clause (1) of article 74 of the Constitution in support of the request, certify in the prescribed form— The Commission shall, within thirty days after— Where a resolution has been passed by Parliament in accordance with paragraph (a) of clause (1) of article 74 of the Constitution, the Clerk to Parliament shall, within seven days after the passing of the resolution, forward to the Commission a copy of the resolution certified by him or her in the prescribed form to have been supported by more than one half of all the members of Parliament. The Speaker of each district council which passes a resolution under paragraph (b) of clause (1) of article 74 of the Constitution in support of a request for the holding of a referendum shall forward the resolution to the Commission, in the prescribed form stating the total membership of the Council, the names of the members of the Council and indicating the number of members who voted in favour of the resolution and the number of those who voted against; and the statement shall be certified by the Speaker of the Council to be correct. that a request has been made by resolution for the holding of a referendum for the purpose of changing the political system; and that the resolution is supported by a majority of the total membership of each of at least one half of all district councils in Uganda. Where the Commission has received a request for a referendum made in accordance with paragraph (c) of clause (1) of article 74 of the Constitution, the Commission shall, within thirty days after receipt of the petition, certify in the prescribed form whether or not the requirements of paragraph (c) of clause (1) of article 74 of the Constitution have been complied with. For the avoidance of doubt, it shall be sufficient for the purposes of subsection (4), if the Commission ascertains whether the names of the persons who purport to have signed the petition appear on the national voters register for the purpose of the referendum. The Commission shall, notwithstanding sub section (5), display the petition with the list of the names and signatures supporting the petition, in a public place in each polling station to which the referendum relates, for public scrutiny. A person who claims that his or her name was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, shall lodge an objection in the prescribed form to the Commission. The Commission shall, by notice in the Gazette , appoint a period of not less than fourteen days for the purpose of public scrutiny and lodging of objections under subsections (7) and (9). If the Commission, upon inquiry into an objection lodged under subsection (7) is satisfied that the name of the person lodging the objection was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, the Commission shall not count that person as one of the persons supporting the petition. A person who includes among the persons supporting a petition under subsection (4) the name of a person without the consent of that person, or who knowingly includes the name of a person who died before the date of the petition among the persons supporting the petition, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. receipt of a resolution of Parliament under subsection (1); or issuing a certificate under subsection (3) certifying that a request for a referendum has been duly made in accordance with paragraph (b) of clause (1) of article 74 of the Constitution; or issuing a certificate under subsection (4), to the effect that the requirements of paragraph (c) of clause (1) of article 74 of the Constitution have been complied with; Any Speaker of a district council who in communicating any information under this section, makes a statement which he or she knows to be false in any material particular commits an offence. A Speaker of a district council charged with the responsibility of communicating information under this section who wilfully or knowingly omits to do so, commits an offence. A person who commits an offence under this section is liable on conviction, to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section 15Verify source

§ 16Change in political system by referenda or by petitions and resolutions - Change of political system by representatives of the people in Parliament and district councils under article 74 (2) of the ConstitutionProvision

Sets who may propose petitions to Parliament under article 74(2), requires district council resolutions and two‑thirds support in district councils and Parliament, tasks the Speaker to forward certificates, tasks the Commission to verify and certify and to publish Parliamentary resolutions within specified timeframes, and requires the Clerk to forward Parliamentary certification.

Section Change of political system by representatives of the people in Parliament and district councils under article 74 (2) of the Constitution Section A Speaker of a district council who— A petition to Parliament under article 74 (2) of the Constitution may be proposed by any registered voter or group of registered voters or by a district council. A petition to Parliament for a resolution for a change of the political system under article 74 (2) of the Constitution shall not be valid unless it is supported by not less than two thirds majority of the total membership of each of at least half of all district councils. The support of members of a district council for a petition referred to in subsection (2) shall be expressed by a resolution by the district council supporting the petition. Where a resolution referred to in subsection (3) is passed by a district council it shall be forwarded by the Speaker of the district council to the Commission together with a certificate by the Speaker in the prescribed form, stating the total membership of the district council, the number of members who voted in support of the petition and the number of members who voted against the petition. Upon receipt of a resolution and a certificate of the Speaker of a district council under subsection (4), the Commission shall verify the facts stated in the Speaker’s certificate. Where the Commission is satisfied that a petition is supported by not less than two thirds majority of the total membership of each of at least half of all districts in Uganda, the Commission shall certify to the Clerk to Parliament in the prescribed form, that it is so satisfied and forward to the Clerk a copy of the petition. Upon Parliament passing a resolution in support of the petition referred to in subsection (6) supported by not less than two thirds of all members of Parliament, the Clerk to Parliament shall forward to the Commission a copy of the resolution certifying in the prescribed form, that the resolution was supported by not less than two thirds of all members of Parliament. Upon receipt by the Commission of the resolution of Parliament forwarded under subsection (7), the Commission shall, within forty eight hours, cause the resolution to be published in the media and shall, within fourteen days, cause the resolution to be published in the Gazette . in communicating any information under this section, makes any statement which he or she knows to be false in any material particular; or charged with the responsibility of communicating information under this section, wilfully or knowingly omits to do so; So far as practicable, the provisions of this Act relating to referenda shall apply with the necessary modifications, to any proposal for a change in the political system under this section.

Section 16Verify source

§ 17Change in political system by referenda or by petitions and resolutions - Time for resolutions or petitions for changing of political systems under article 74 of the ConstitutionProvision

Resolutions or petitions to change the political system under article 74 of the Constitution may be taken only in the fourth year of any Parliament's term.

Section Time for resolutions or petitions for changing of political systems under article 74 of the Constitution Section The resolutions or petitions for the purpose of changing the political system under article 74 of the Constitution shall be taken only in the fourth year of the term of any Parliament.

Section 17Verify source

§ 18Change in political system by referenda or by petitions and resolutions - Subsequent elections to be held under adopted systemProvision

The Minister may, with the prior approval of Parliament, make regulations necessary to ensure a smooth transition to the newly adopted political system.

Section Subsequent elections to be held under adopted system Section Where the result of a referendum held under this Act, or a resolution of Parliament passed in accordance with clause (2) of article 74 of the Constitution, determines that a change shall be made in the existing political system, then, subject to the Constitution subsequent Presidential, Parliamentary, local government and other public elections shall be held under the new political system adopted. This section does not apply to a by-election held before the expiration of the term of Parliament under article 77 of the Constitution. Where a change of political system has been effected under article 74 of the Constitution, any enactment relating to elections shall have effect with such modifications as may be necessary to give effect to the change in accordance with this section. The Minister may, with the prior approval of Parliament, make such regulations as may be necessary for ensuring a smooth transition from the previous political system to the newly adopted political system.

Section 18Verify source

§ 19Change in political system by referenda or by petitions and resolutions - Parliament to approve other political systems before acceptance in referendumProvision

A political system will not be accepted for a referendum or a parliamentary resolution unless Parliament has approved it under the Other Political Systems Act.

Section Parliament to approve other political systems before acceptance in referendum Section No political system shall be accepted as any other democratic and representative political system under clause (1) (c) of article 69 of the Constitution for the purposes of a referendum under clause (1) of article 74 of the Constitution or for the purposes of a resolution of Parliament under clause (2) of article 74 of the Constitution unless it has been approved by Parliament under the Other Political Systems Act.

Section 19Verify source

Part IV

Ratification of Bills by district councils under article 260 of the Constitution

§ 20Ratification of Bills by district councils under article 260 of the Constitution - Ratification of Bills by district councils under article 260Offence

Procedure requiring the Clerk to forward Bills and certify support, the Commission to distribute Bills to district councils, appoint officers, ensure proper ratification meetings, publish certificates, and bear expenses; election officers must record votes; false or reckless statements are an offence with fines or imprisonment.

Section Ratification of Bills by district councils under article 260 Section Any election officer who in carrying out any duty of recording the votes of a district council under this section— Where a Bill to which article 260 of the Constitution applies has been passed by Parliament in accordance with paragraph (a) of clause (1) of article 260 of the Constitution, the Clerk to Parliament shall, within fourteen days after the Bill is passed, forward to the Commission a copy of the Bill as passed. The Clerk shall, under subsection (1) certify, in addition to the statement issued by him or her under section 8 of the Acts of Parliament Act in the prescribed form, that the Bill has been supported at Second and Third Readings in Parliament by not less than two thirds of all members of Parliament. Upon receipt of the Bill forwarded under subsections (1) and (2), the Commission shall cause copies of the Bill to be made and forwarded to each district council in Uganda for ratification. The Commission shall be responsible for ensuring that the ratification of a Bill by district councils under this section is carried out at duly convened meetings of the councils. For the purposes of subsection (4), the Commission shall appoint or cause to be appointed such election officers as may be necessary and with such instructions as may be necessary for monitoring the process under sub section (4). An election officer appointed by the Commission shall be present when the resolution for ratification of a Bill under this section is being voted on and shall record in the prescribed form a statement indicating the total membership of the district council, the names of members of the council, the number of members who voted in favour of the resolution and the number of members who voted against the resolution. Notwithstanding subsection (2) of section 3 , the question in a motion for a resolution to be submitted to district councils for ratification of a Bill under article 260(l)(b) of the Constitution shall be in the form specified in the Third Schedule to this Act. The statement referred to in subsection (6) shall be certified by the presiding officer to be correct. The Commission shall be responsible for bearing the expenses of the district council for the purpose of voting on ratification of a Bill under this section. knowingly makes a statement which is false; or makes a statement in respect of which he or she is reckless, commits an offence. A person who commits an offence under this section is liable on conviction, to a fine not exceeding forty-eight currency points or imprisonment not exceeding two years or both. The Commission shall, after tallying the results of voting on a Bill by the district councils under this section, if satisfied that the required number of resolutions have been passed in accordance with paragraph (b) of clause (1) of article 260 of the Constitution, certify to the Clerk to Parliament in the form specified in Part IX of the Second Schedule to the Acts of Parliament Act, that the Bill has been duly ratified by at least two thirds of the members of the district council in each of at least two thirds of all districts in Uganda. If the Commission, after tallying the results of voting on a Bill by district councils under this section, is not satisfied that the Bill has been ratified in accordance with paragraph (b) of clause (1) of article 260 of the Constitution, the Commission shall certify to the Clerk to Parliament in the prescribed form, that it is not so satisfied and state the number of resolutions supported by two-thirds of the members of the district councils and those not so supported or the cases where no resolutions were passed under this section. Where tallying the results of voting on the Bill indicates that the Bill is not supported by at least two thirds of the members of the district council in each of at least two thirds of all the districts of Uganda, the Bill shall be taken not to have been ratified for the purposes of article 260(1)(b) of the Constitution. The Commission shall, within forty-eight hours after issuing a certificate under subsection (12) or (13), cause the certificate to be published in the media and shall, within fourteen days, cause it to be published in the Gazette . The Clerk to Parliament shall, within fourteen days after receipt of the certificate of the Commission under subsection (12), forward the Bill to the President for assent accompanied by the certificate of the Commission issued under subsection (12) together with a certificate issued by the Speaker of Parliament under article 262 (2) (a) of the Constitution which latter certificate shall be in the form specified in Part VII of the Second Schedule to the Acts of Parliament Act. The provisions of this Act relating to referenda shall apply with the necessary modifications, to any proposal for ratification of a Bill under this Part.

Section 20Verify source

Part V

Agents of sides in a referendum

§ 21Agents of sides in a referendum - Agents of sidesProvision

In a referendum, each side must identify its agents for every polling station within a time determined by the Commission.

Section Agents of sides Section In case of any referendum, each side shall, within such time as the Commission may determine, identify its agents for every polling station for the purposes of clause (4) of article 68 of the Constitution.

Section 21Verify source

§ 22Agents of sides in a referendum - Equal treatment to all sidesProvision

During the period of canvassing for a referendum, every public officer, public authority and public institution must give equal treatment to all agents of the sides contesting in the referendum.

Section Equal treatment to all sides Section During the period of canvassing in respect of a referendum, every public officer, public authority and public institution shall give equal treatment to all agents of the sides contesting in a referendum.

Section 22Verify source

§ 23Agents of sides in a referendum - Rights and duties of agents etcOffence

During canvassing, persons are prohibited from certain acts against opposing sides or their agents; agents have rights to equal access to state media and may publish and use electronic media subject to conditions; proprietors of electronic media must not allow prohibited acts; contraventions are offences with specified fines or imprisonment.

Section Rights and duties of agents etc Section A person shall not, during canvassing, do any of the following acts against another side or their agent — A person who contravenes any of the provisions of subsections (2), (3), (5) and (6) commits an offence and is liable on conviction— Agents of each side shall be given equal access and opportunity to use State-owned communication media. Subject to any other law, while canvassing, any agent may, either alone or in common with others, publish canvassing materials in the form of books, booklets, pamphlets, leaflets, magazines, newspapers or posters intended to solicit votes from voters but shall, in any such publication, specify particulars to identify the side concerned. A side shall not, during canvassing, print, publish or distribute, a newspaper, circular or pamphlet containing an article, report, letter or other matter commenting on any issue relating to the referendum, unless the author’s name and address, or the authors’ names and addresses, as the case may be, are set out at the end of the article, report, letter or other matter or, where part only of the article, report, letter or matter appears in any issue of a newspaper, circular or pamphlet, at the end of that part. Subject to the following provisions of this section, an agent may use electronic media for canvassing. knowingly making statements which are false or making statements in respect of which the maker is reckless; making malicious statements; making statements containing sectarian words; making abusive, insulting or derogatory statements; making exaggerations using caricatures of the agent or using words of ridicule; using derisive or mudslinging words against a side or their agent; or using songs, poems or images with any of the effects described in the foregoing paragraphs. A proprietor or operator of electronic media shall not knowingly use the media or allow it to be used to do any of the acts prohibited in subsection (5). in the case of an offence under subsection (2) or (3), to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both; and in any other case to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. In this section “electronic media” includes television, radio, internet and email and any other similar medium.

Section 23Verify source

Part VI

Challenging results of referenda

§ 24Challenging results of referenda - Challenging results of referendaOffence

Registered voters supported by at least 2% of registered voters may petition the High Court to challenge referendum results; the Commission must publish and allow public scrutiny of supporting petitions; objections may be lodged; false inclusion of names is an offence punishable by up to 24 currency points or one year imprisonment; petitions must be in prescribed form and lodged within 30 days of Gazette publication; the High Court must decide quickly and within 30 days and may order remedies including annulment, repeat polling or recounts; annulled referenda must be re-held within 90 days.

Section Challenging results of referenda Section For the avoidance of doubt, a referendum may be annulled under subsection (9) if the petitioner proves to the satisfaction of the Court that— After due inquiry under this section the High Court may— Any registered voter supported by the signatures of not less than two percent of the total number of registered voters in Uganda may petition the High Court challenging the results of a referendum. Where the referendum is in respect of a particular part of Uganda, the petition shall be by a voter registered in that part supported by the signatures of not less than two percent of the total number of registered voters from that part of Uganda. For the avoidance of doubt, it shall be sufficient for the purposes of subsections (1) and (2), if the Commission ascertains whether the names of the persons who purport to have signed the petition appear on the national voters register for the purpose of the referendum. The Commission shall, notwithstanding sub section (3), display the petition with the list of the names and signatures supporting the petition, in a public place in each polling station to which the referendum relates, for public scrutiny. A person who claims that his or her name was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, shall lodge an objection in the prescribed form to the Commission. The Commission shall, by notice in the Gazette , appoint period of not less than fourteen days for the purpose of public scrutiny and lodging of objections under subsections (4) and (5). If the Commission, upon inquiry into an objection lodged under subsection (5) is satisfied that the name of the person lodging the objection was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, the Commission shall not count that person as one of the persons supporting the petition. A person who includes among the persons supporting a petition under subsection (2) the name of a person without the consent of that person, or who knowingly includes the name of a person who died before the date of the petition among the persons supporting the petition, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. The only ground on which the results of a referendum may be challenged is non-compliance with the provisions of this Act or where applicable, the Parliamentary Elections Act, 2001 affecting the result of the referendum in a substantial manner. there has been non-compliance with the provisions of this Act or where applicable, of the Parliamentary Elections Act, 2001; and but for the non-compliance, the majority of the votes in the referendum could have been in favour of a side different from the side declared as the side with the majority by the Commission. A petition under subsection (1) shall be in the prescribed form and shall be lodged in the High Court registry within thirty days alter the referendum results are published in the Gazette . The High Court may require the petitioner to deposit an amount of money as security for costs not being more than one hundred currency points. The High Court shall inquire into and determine the petition expeditiously and may for that purpose, suspend any other matter pending before it. The High Court shall declare its findings not later than thirty days from the date on which the petition is filed. Where no petition is filed within the time prescribed under subsection (11), or where a petition having been filed, is withdrawn by the person who filed it or is dismissed by the High Court, the declared results of the referendum shall conclusively be the final results of the referendum. dismiss the petition; declare the published results to be incorrect and declare the correct results; order the Commission to repeat the polling in any particular place or places; or annul the referendum and order a new referendum to be held. Subject to subsection (4), a referendum may only be annulled on the ground specified in subsection (9). The High Court may, before coming to a decision under subsection (16), order a recount of the votes cast. Nothing in this section confers on the High Court power to convict a person of a criminal offence when hearing a petition under this section. Where it appears to the High Court, on hearing a petition under this section that the facts before it disclose that a criminal offence may have been committed, it shall make a report on the matter to the Director of Public Prosecutions for appropriate action to be taken and shall state in the report the name of the person, the nature of the offence and any other information that the Director of Public Prosecutions considers relevant and appropriate. Where a referendum is annulled, a fresh referendum shall be held not later than ninety days from the date of the annulment. The Chief Justice may, in consultation with the Attorney- General, make rules providing for the conduct of petitions under this Act and may, where necessary, apply with or without modifications the provisions of any enactment.

Section 24Verify source

§ 25Challenging results of referenda - Witness in petitionProvision

Section Witness in petition Section At the hearing of a petition under this Part— A witness who, in the course of the trial of a petition— any witness shall be summoned and sworn in the same manner as a witness may be summoned and sworn in civil proceedings; the court may summon and examine any person who, in the opinion of the court, is likely to assist the court to arrive at an appropriate decision; any person summoned by the court under paragraph (b) may be cross-examined by the parties to the petition if they so wish. knowingly makes a statement of fact material to the proceedings which is false; or makes a statement in respect of which he or she is reckless;

Section 25Verify source

§ 26Challenging results of referenda - Withdrawal of petitionsProvision

If a petition is withdrawn, the petitioner must pay the respondent's costs.

Section Withdrawal of petitions Section A petition under this Part may be withdrawn after giving written notice to the court and to the other parties to the suit. If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.

Section 26Verify source

§ 27Challenging results of referenda - AppealsProvision

People aggrieved by a High Court decision on a petition under section 24 may appeal to the Court of Appeal within 14 days; the Court of Appeal must hear appeals expeditiously, may suspend other matters, and hearings should be completed within 30 days unless extended; further appeal to the Supreme Court is allowed within 14 days.

Section Appeals Section A person aggrieved by the decision of the High Court on hearing a petition under section 24 , may appeal to the Court of Appeal against the decision, within fourteen days after the decision of the High Court. The Court of Appeal shall proceed to hear and determine an appeal under this section expeditiously and may, for that purpose, suspend any other matter pending before the Court. Unless the Court of Appeal extends the time on exceptional grounds, the hearing of an appeal by the court shall be completed within thirty days from the lodging of the record of appeal. A person aggrieved by a decision of the Court of Appeal under this section may appeal to the Supreme Court against the decision within fourteen days after the decision. Subsections (2) and (3) apply to the Supreme Court as they apply to the Court of Appeal.

Section 27Verify source

Part VII

Miscellaneous

§ 28Miscellaneous - Prohibition of ethnic or religious symbols etcOffence

A person must not, when canvassing in a referendum, use words, slogans or symbols that could arouse division on grounds such as sex, race, colour, ethnic origin, tribe, birth, creed or religion.

Section Prohibition of ethnic or religious symbols etc Section A person shall not, for canvassing in respect of a referendum, use any words, slogans or symbols which could arouse division on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion or other similar division. Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section 28Verify source

§ 29Miscellaneous - Expenses of referendaProvision

Expenses for referenda are to be paid from monies voted by Parliament; the Commission must give equal facilitation to all sides for a referendum using monies approved by Parliament.

Section Expenses of referenda Section The expenses incurred by the Commission in the holding of any referendum under this Act shall be paid out of monies voted by Parliament. The Commission shall give equal facilitation to all sides for the purposes of a referendum, out of monies approved by Parliament.

Section 29Verify source

§ 30Miscellaneous - Use of public resourcesProvision

No person may use public resources to canvass for any side in a referendum, except as authorised by section 29 or any other law.

Section Use of public resources Section Except as authorised by section 29 or any other law, no person shall use public resources for the purpose of canvassing for any side in a referendum.

Section 30Verify source

§ 31Miscellaneous - RegulationsOffence

The Minister may make regulations by statutory instrument to carry this Act into effect; the section preserves the Commission's powers under the Electoral Commission Act.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations may be made under that subsection— The Minister may, by statutory instrument, make such regulations as may be necessary for carrying into effect the provisions of this Act. prescribing forms to be used for the purposes of this Act; to ensure the secrecy of the voting; applying with or without modifications, the provisions of any enactment relating to elections, including any provisions relating to election offences; regulating the manner of canvassing for votes; regulating the financing of the sides in a referendum including restricting or prohibiting the funding of any side in a referendum from foreign sources; without prejudice to the penalties prescribed in the Parliamentary Elections Act, 2001, prescribing penalties not exceeding a fine of forty eight currency points or imprisonment for two years or both, in respect of any contravention of the regulations. Regulations under this section may be made to apply either generally or to any particular referendum. Regulations made under this section shall within fourteen days be laid before Parliament. For avoidance of doubt, nothing in this section shall prejudice the powers of the Commission under the Electoral Commission Act.

Section 31Verify source

§ 32Miscellaneous - Power of Minister to amend First ScheduleAmendment

The Minister may, by statutory instrument, amend the First Schedule to this Act.

Section Power of Minister to amend First Schedule Section The Minister may, by statutory instrument, amend the First Schedule to this Act.

Section 32Verify source

§ 33Miscellaneous - Repeal of Cap 142ARepeal

The Referendum Act is repealed.

Section Repeal of Cap 142A Section The Referendum Act is repealed.

Section 33Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

6 instruments

Acts of Parliament Act
Sections 14, 20
Cap 142A The Referendum Act
Section 33
Commission under the Electoral Commission Act
Section 31
Constitution and this Act
Section 6
Constitution unless it has been approved by Parliament under the Other Political Systems Act
Section 19
First Schedule to this Act
Section 32

N–S

1 instrument

Parliamentary Elections Act, 2001
Sections 9, 24

T–Z

1 instrument

Uganda under article 255 of the Constitution and the provisions of section 11 of this Act
Section 3

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22 Feb 2005 · currentEnglish

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