LEGISLATION, POLICY & ETHICS IN INFORMATION WORKS

TOPIC ONE
 Introduction 08 hours
 Definition of key terms
 Uganda’s court structure and their roles
 Roles of Local Council Courts
 Roles of Magistrates Courts
 Roles of high court
 Roles of court of appeal/constitutional court
 Roles of supreme court
 Arms/bodies of government and their roles.

1. Definition of Key Terms

Laws. This are the accepted norms of practice that govern different spheres of activity.

Legislation. This are laws considered collectively it can also be proposing of a law.

Ethics Are moral principles governing or influencing conduct.

A code of ethics. A formal statement of the profession's values regarding ethical behaviors.

Policy. It is frame work of activities that an institution/organization plans to undertake in

future. It can be a management tool that sets the direction that you must be followed.

Note. A policy is backed up a policy instruments made up of three elements namely Legal
advice secondly organizational/institution frame work and lastly operational mechanism

2. Uganda’s Court Structure and their Roles

Court is defined as any person or institution with authority to judge or adjudicate.

Courts of law is a body of people presided over by a judge, judges or magistrate and acting
as a tribunal in civil and criminal cases.

Lawyer is a person who practices or studies law.

Current Court Structure

The current court structure consists of the Supreme Court at the top, a Court of Appeal/
Constitutional Court, the High Court, the Magistrates Court and Local Council Courts.

1. Local Council courts (Executive Committee)

A local council court may be held at a designated place within the limits of its jurisdiction for
the convenient and speedy discharge of its business. (2) The Chairperson of the court shall
preside at the sittings of the court and in the absence of the Chairperson, the Vice-
Chairperson shall preside.

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These are established under the Judicial Powers Act.13 The Executive Committee Court is
duly constituted when it is sitting with not less than five members. There are three levels of
the Committee courts that is sub county (level 3), “parish” (level 2) and “village” (level one).

The Constitution of the Republic of Uganda provided for the creation of Local Councils
courts ("LCC") as part of the decentralization of power. LCCs are the lowest units with
administrative, legislative, and judicial powers on behalf of central governments. LCCs are
established under the Executive Committees (Judicial Powers) Act and there are three levels
of the Committee courts – "sub county" (level 3), "parish" (level 2) and "village" and appeals
from the highest of the Committees, (Sub County executive) lie to the Chief Magistrate and,
if the appeal involves a substantial question of law or appears to have caused a substantial
Miscarriage of justice, to the High Court.

The courts are generally composed of five members of their jurisdiction chosen by the
respective executive council of that area apart from the village and parish courts where all the
members of the executive council of either the village or parish form the court. At least two
of the members of each of these courts should be women

LCCs normally handle cases involving plaintiffs who cannot afford court fees. It is difficult
for majority of population in Uganda to access justice in the formal court system because
they can not afford the costs of litigation.

Under the current law, that is the Act, Cap 8, section 5, the Local Council Courts' jurisdiction
is restricted to where the value of the subject matter in dispute does not exceed UGX 5,000
(five thousand shillings). However, these courts' jurisdiction is not restricted by the monetary
values in respect of causes and matters on conversion or damage to property, trespass, land
disputes relating to a customary tenure, disputes concerning marital status of women, disputes
concerning paternity of children, disputes concerning identity of customary heirs,
impregnating a girl under 18 years of age, elopement with a girl under 18 years of age and
customary bailment.

Section 6 of the Executive Committees (Judicial Powers) Act, Cap 8 states that a village
executive committee (LC I) shall have criminal jurisdiction to try a child accused of any of
the following offenses:

(a)  affray, under section 79 of the Penal Code Act;

(b)  an offence against section 167 with the exception of paragraph (b) of the Penal
Code Act;
(c) common assault, under section 235 of the Penal Code Act;
(d)  actual bodily harm under section 236 of the Penal Code Act;
(e) theft, under section 254 of the Penal Code Act;
(f) criminal trespass, under section 302 of the Penal Code Act;
(g)  malicious damage to property, under section 335 of the Penal Code Act.

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A Local Council Court 1 may, notwithstanding any penalty prescribed by the Penal Code Act
in respect of the offenses stated above involving children, make an order for any of the
following relief:

 reconciliation;
 compensation;
 restitution;
 community service;
 apology;

In addition to the relief mentioned above, the Local Council Court may make a guidance
order under which the child shall be required to submit himself or herself to the guidance,
supervision, advise and assistance of a person designated by the court. A guidance order shall
be for a maximum period of six months.

LCCs are one of the most accessible justice mechanisms in contemporary Uganda. Many of
the studies conducted on LCCs revealed that LCCs are much more trusted by local
population, since they are heavily inclined towards reconciliation and dispute resolution.
However, there is still a lot of efforts needed in order to promote the rule of law for rural
people, where LCCs operate.

Roles of Local Council Courts

 They handle light civil matters that arise out of daily activities in their areas
 They make by laws for their communities
 To listen to matters arising out of infringement of by-laws duly made
 To listen to appeals from the highest of the Committees
 To carry out reconciliation and peace keeping in communities
 To implement government programs and punish offenders
 To issue reference letters to those who are having cases

2. Magistrate Courts 
Magistrate's Courts handle the bulk of civil and criminal cases in Uganda. There are three
levels of Magistrates courts: Chief Magistrates, Magistrates Grade I and Magistrates Grade II.
These are subordinate courts whose decisions are subject to review by the High Court.
Presently the country is divided into 26 Chief Magisterial areas administered by Chief
Magistrates who have general powers of supervision over all magisterial courts within the
area of their jurisdiction.

a) Chief Magistrates Court 

A Chief Magistrates Court is presided over by a Chief Magistrate who possesses a law
degree. This court tries all cases except those (for criminal cases) whose maximum penalty is
death i.e. a Chief Magistrate may also pass any sentence authorized by law except a death
sentence. Thus they have limited original jurisdiction.

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A Chief Magistrate shall have jurisdiction where the value of the subject matter in dispute
does not exceed fifty million shillings and shall have unlimited jurisdiction in disputes
relating to conversion, damage to property or trespass.

A Chief Magistrate exercises general powers of supervision of all magistrates courts within
the area of his or her jurisdiction. In exercising his or her powers of supervision a Chief
Magistrate may call for and examine the records of any proceedings before lower magistrates
courts. They have appellate jurisdiction from grade I courts i.e. they entertain appeals from
the Grade I courts.
 Magistrate Grade I
These courts are presided over by Grade I Magistrates who must be qualified lawyers. They
are ordinarily situated at the district headquarters.Their criminal jurisdiction is limited to
offences whose maximum penalty is not death or life imprisonment.
Their civil jurisdiction is limited to matters where the value of the subject matter does not
exceed twenty (20) million Uganda shillings. 

 Magistrate Grade II
These courts are presided over by magistrates who must hold a Diploma in Law. They have
limited criminal, civil and territorial jurisdiction. Their territorial jurisdiction is limited to
their counties, and they are normally situated at the county headquarters.

Their criminal jurisdiction is limited to any offence other than offences specified in the first
schedule of the Magistrates; Court Act e.g riots, unlawful assembly, abuse of office,
deceiving witnesses.Their civil jurisdiction is limited to cases where the value of the subject
matter does not exceed five hundred thousand shillings.

 Industrial Court 

The Industrial Court was established under the Labour Disputes (Arbitration and Settlement)
Act, 2006 Cap 224, Laws of Uganda, and section 7.  2006.The Act was as sentenced to on
24th May 2006; and commenced on the 07th August 2006 vide a Ministerial statutory
instrument.

Composition and Sitting of the Court

The court consists of the Chief. Judge Hon. Justice Ruhinda Asaph Ntengye and the Judge,
Hon. Lady Justice Linda Lillian Tumusiime Mugisha appointed by the President of the
Republic of Uganda on the recommendation of the Judicial service Commission, and the
appointees' qualifications are similar to those of judges of a high court; with tenure of Five
years, though the Act is silent on whether their tenure is renewable.

The Judges are assisted by the three (3) other ministerial appointees - one as an independent
member from a panel of 05 eminent Ugandans or representatives of employees or employers
(who should hold the office for 03 years):- another being a representative of the employers
selected from a panel of 05 persons nominated by the Federation of Employers;- and the
Third as a representative of the Employees from a panel of 05 persons nominated by the
Federation of labour union. The tenure of the last two (2) categories of court members is not
prescribed.

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The Court sits in open on a day to day basis including the public holidays (Where necessary),
and should declare its findings not later than twenty one (21) days from date of
commencement of the hearing of the claim. The hearings are fixed by the Registrar of the
court Her. Worship Sylvia Nabaggala. The Registrar and the support staff are appointed by
the Public Service Commission. The Industrial court is a court of equity and not bound by the
ordinary rules of evidence.

The Court's Jurisdiction is referral.

The Court's jurisdiction ambit are labour disputes referred to it by a party to a dispute where a
labour officer has failed to dispose of the dispute within 08 weeks under the court's
regulations as requested under the act, disputes referred by the Labour officer at the request
of the party or on the officer's own volition when is unable to resolve the dispute; or by
responsible Minister on notice of an intended withdrawal of labour within 05 days. Appeals
can also be filed against labour officers' decision under the Employment Act. The Court has
no original jurisdiction over Labour disputes.

The Court's Functions are

 To arbitrate labour disputes referred to it under the Act.

 Adjudicating questions of Law arising from references to it by any other law. 
 Dispose of the labour disputes without undue delay.

Court's Mission and Vision:

The Court draws its inspirations from the ILO mission: "bringing decent work and
livelihoods, job related security and better living standards to the people of both poor
and rich countries," and the Judiciary Vision "Justice for All".

The Courts Mission is: "To effectively and efficiently deliver and adjudicate labour justice
for all in line with international Labour Organisation standards and National development
Plan". The Court's Vision is: "Labour Justice for All".

Roles of Magistrates Courts

 To make decisions which are subject to review by the High Court.
 To handle the bulk of cases in Uganda.
 To supervise the Local Council courts as well as tribunals.
 To ensure that Justice is done to all irrespective of their social or economic status.
 To ensure that Justice is administered in a timely manner without delay.
 Administer justice through resolving disputes between Citizen and Citizen.
 To Interpret the Constitution and the laws of Uganda in their court.

b) The High Court 

The High Court is headed by the Honorable Principal Judge who is responsible for the
administration of the court and has supervisory powers over Magistrate's courts. The High
Court of Uganda is located at Plot 2, the Square Kampala and it is the third court of record in
order of hierarchy and has  unlimited original jurisdiction, which means that it can try any
case of any value or crime of any magnitude. Appeals from all Magistrates Courts go to the
High Court. 

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Divisions of the High Court

i. Civil Division

The Civil Division is located on the first floor of Twed towers, along Kafu Road,
Nakasero. The functions of the Civil Division include hearing appeal cases from the
Magistrates' courts in connection with torts committed against the
person,defamation,bankruptcy and company winding up matters,partnership
matters,companies matters, Real estate and personal property.

ii. Criminal Division

The Criminal Division is located on the second floor of High Court Building at Plot 2, the
Square. This is Responsible for hearing all serious criminal offences referred to it by the
Magistrates' Courts. 

All criminal offences such as Murder, Manslaughter, Rape, Defilement, Treason and other
offences carrying death sentence or life imprisonment. 

According to the Principal Judge's Circular, except for Commercial Court Judges who must
attend to only Commercial Court cases, the rest of the Judges of the High Court who are
based in Kampala are members of the Criminal Division irrespective of the other Divisions of
the High Court that they belong to. Each of the above judges is supposed to do, at least, one
High Court Criminal Session in a year at Kampala

iii. Family Division

This division was created in April 2005. The Family Division is located on the third and
fourth  floors of Crusader House, Plot 3 Collvile Street . The Division handles Administration
causes, Family causes, (Adoption, Guardianship, Affiliation/maintenance), Miscellaneous
causes, Miscellaneous applications, Civil suits, Civil appeals, Originating summons, Civil
revisions and Divorce causes.

iv. Land Division 

The Land Division is a Division created at the High Court Head office at Kampala and
located on the second floor of Twed Towers, along Kafu Road, Nakasero, Kampala. The
Division is charged with the following responsibility of supervising the work of Land
Tribunals and the adjudication of all land related dispute fall under this Division.

The land Division is established with three judges with a separate registry for the Division.
There is a Registrar for the Land Division who doubles as the Registrar of the Land
Tribunals. A desk office was also established under the office of the Registrar to handle the
activities of the District Land Tribunals.

The Division has jurisdiction to entertain all actions arising out of or connected with any land
transaction, including but not limited to:  Sale, purchase and transfer of real property, leasing
and rental of real property, Hypothecation and secularization of land, other than as a
mortgage involving a bank loan or credit facility, Destruction or degradation of

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land, Compensation paid for the compulsory acquisition of land, Minerals and mineral rights
and Environmental disputes or causes.

v. Commercial Court Division

The commercial court was established in 1996 as a division of the High Court of Uganda for
hearing and determining commercial disputes with current jurisdiction (as established under
Legal Notice No.4 of 1996 and instruction circular No.1 of 1996) for Company causes,
intellectual property and Bankruptcies. 

The mission of the court is to deliver to the commercial community an efficient, expeditious
and cost-effective mode of adjudicating disputes that affect directly and significantly the
economic, commercial and financial life of Uganda. In order to achieve this, the court has a
number of objectives namely; 

 To make litigation faster, cheaper, fairer and more accessible to Commercial

community.
 To help attract foreign investment in Uganda through improving investor confidence
in Uganda's legal system.
 To develop and introduce commercial-friendly rules of Court and encourage the use
of Settlement methods including negotiation and mediation.
 To improve the Court's performance through applying modern Case management and
modern Technology such as court recording.
 To create an effective institution with clear l'J1anagerial and Administrative
structures run by honest, competent, motivated well-trained staff, supported by good
facilities and equipment.
 To effectively supervise and monitor Bailiffs and all those involved in the Obtaining
money or Property owed under a Court judgment.

High Court Decentralization

Most of the business  of the High Court is conducted at its headquarters in Kampala, but with
the decentralization of the High Court, its services are now obtained at its High Court circuits
namely:-

 Fort Portal High Court 

 Gulu High Court 
 Jinja High Court 
 Masaka High Court 
 Mbale High Court 
 Mbarara High Court 
 Kabale High Court
 Arua High Court
 Masindi High Court
 Lira High Court
 Soroti High Court
 Nakawa High Court

Roles of high court

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  To try any case of any value or crime of any magnitude in Uganda.
 It handles all Appeals from all Magistrates Courts.
 It has general supervisory powers over Magistrate's Courts.
 To ensure that adequate compensation is awarded to victims of wrongs.
 To Administer justice through resolving disputes between the State and Citizen.
 Protect human rights of individuals and groups.
 To grant bail to suspects who qualify for it

3. Court of Appeal / Constitutional Court

The Court of Appeal is the second highest court in the land. While presiding over matters , it
is duly constituted when it consists of an odd number of not less than three (3) justices of the
Court of Appeal. It is this court that constitutes itself into a Constitutional Court in
accordance with the Constitution to hear constitutional cases.

The Court Appeal was established by the 1995 Constitution. It is an intermediary between the
Supreme Court and the High Court and has appellate jurisdiction over the High Court. It is
not a Court of first instance and has no original jurisdiction, except when it sits as a
Constitutional Court to hear constitutional cases. 
 
The Court of Appeal consists of: the Deputy Chief Justice and such number of Justices of
Appeal not being less than seven as Parliament may by law prescribe. The Constitutional
Court/ Court of Appeal of Uganda is located on fourth floor Twed Towers along Kafu Road,
Nakasero,Kampala. It came into being following the promulgation of the 1995 Constitution,
and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established
the structure of the Court of Appeal.

Cases coming before the Court of Appeal may be decided by a single Justice.  Any person
dissatisfied with the decision of a single Justice of Appeal is, however, entitled to have the
matter determined by a bench of three Justices of Appeal, which may confirm, vary or
reverse the decision.  Cases decided by the Court of Appeal can be appealed to the Supreme
Court, but the Court of Appeal is the final court in election petitions filed after Parliamentary
elections or elections provided for by the Local Government Act. When deciding cases as a
Constitutional Court it sits with a bench of five judges.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or
cases concerning the interpretation of the Constitution  When presiding over a constitutional
matter, there must be a quorum of at least five (5) justices of the court.
The procedure, powers and jurisdiction of the Court of Appeal are regulated by the Court of
Appeal rules:-

1. The Court of Appeal has appellate jurisdiction. 

2. It handles appeals from the High Court of Uganda. 
3. It only has original jurisdiction when sitting as a Constitutional Court, otherwise , it
has unlimited civil, criminal and constitutional jurisdiction in such matters. 
4. Its procedure and powers are governed by the Court of Appeal.

The functions of the Court of Appeal denoted differ from the functions of the judiciary; these
are to: -

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  Hear, consider and judge cases and dispose them quickly and fairly in accordance
with the law.
 Interpreting and applying the Constitution and other laws of Uganda.
 Protecting the rights of an individual and providing remedies in the event of
infringement.
 Formulating and implementing policies regarding operations and management of
courts, initiating development and implementing training programs for the
development of the judiciary staff.
 Contribution to the enforcement of law and order; enrolling and licensing advocates,
and licensing disciplining court brokers.
 Keeping custody of laws enacted as well as disseminating legal literature.
 Receiving Government revenue accruing from Courts
 Introducing options for out of court dispute resolution mechanism to reduce the
burden of cases in the courts.

Roles of court of appeal/constitutional court

 It acts as link between the supreme court and high court.

 It helps in hearing constitutional cases since it is also the Constitutional Court.
 It listens to complains over act of parliament petitions or laws being made.
 It overlooks/listens petitions or judgements made by high court in case of complains.
 To promote reconciliation between parties.
 To Safeguard the Constitution and uphold democratic principles.
 It Promote the rule of law and to contribute to the maintenance of order in society.
 To discipline judges

5. The Supreme Court

Stands out at the top of the judicial pyramid as a final court of Appeal in Uganda. The Court
is constituted by the Chief Justice. It is duly constituted at any sitting by five Justices, but
when hearing appeals from decisions of the Court of Appeal, a full bench of justices has to be
present.

The Supreme Court is located at Plot 10 Upper Kololo along Seenu Awasthi Terrace. It is the
highest court of the land and basically has only appellate jurisdiction. It entertains appeals
from the Court of Appeal / Constitutional Court of Uganda; but it has unlimited civil and
criminal jurisdiction (meaning it can handle any civil matter of any subject matter and can
handle any criminal case of any sentence as long as it is an appeal from the Court of Appeal).

The Supreme Court is constituted by the Chief Justice (CJ) who is appointed by the president
in consultation with the Judicial Service Commission and not less than ten justices. He is the
head of the Judiciary and he/she is deputized by the Deputy Chief Justice who heads the
Court of Appeal and other justices of the Supreme Court who must not be less than five (5)
while hearing an Appeal (this is referred to as the quorum required for the court to hear any
matter).

The Supreme Court is headed by the Chief Justice and supported by ten (10) Justices with the
following quorum:-

 Constitutional Appeal Cases 7 Judges

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  Criminal Appeal Cases 5 Judges
 Civil Appeal Cases 5 Judges

However in the absence of the Chief Justice, the most senior member of the Court presides
over the sitting of the Supreme Court. It sits eight sessions a year with a break of two weeks
between sessions to do research and write judgments. It has powers to uphold decisions from
the lower courts, reverse them and to substitute judgments or to order for a new trial.The
procedure, powers and jurisdiction of the Supreme Court are regulated by the Supreme Court
rules.

Roles of supreme court

 It acts final court of appeal
 It settles the cases of presidential election petitions
 It helps in hearing appeals from decisions of the Court of Appeal
 To give fair judgement based on all judges’ present
 It makes decisions to be followed by all lower courts
 It services as head of all courts in country
 To administer substantive Justice without undue regard to technicalities.
 Safeguard and uphold democratic principles in the country.

ARMS/BODIES OF GOVERNMENT AND THEIR ROLES

The Government of the Republic of Uganda, in conformity with the principles of democratic
governance, exercises its powers through the three arms of Government the Executive, the
Legislature and the Judiciary.

1. The Executive
It is headed by the President and includes the Vice President, the Prime Minister, Ministers,
the Attorney General, the Deputy Attorney General and Ministers of State.
Article 99 (3) of the Constitution of the Republic of Uganda vests the Executive Authority in
the President and he is responsible for the welfare of the citizens and safeguards the
Constitution and Laws of Uganda, among others. It is from this that Office of the President
derives its mandate of providing leadership in public Policy management and good
governance.

Mission of the presidency

“To provide Leadership in Public Policy Management and Good Governance for National
Development

Vision of the presidency

“A Secure, Well Governed and Developed Nation”

Functional Objectives of the Presidency

 Ensuring that Government Policies, Programs and Projects are adequately

monitored and evaluated;
 Promoting good governance in public institutions and civil society;

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  Providing overall leadership of the state and better service delivery and job
creation in line with the Government NRM Manifesto 2011-2016;
 Providing regional and international relations for purposes of Social and
Economic gains, and the creation of investment opportunities; and
 Supporting the development of Policy capacity across Government.

The President of Uganda is provided for under Article 98 of the Constitution of the Republic
of Uganda. The mandate of the President is provided for under Article 99 of the Constitution
where all Executive Authority in Uganda is vested in the President. Article 108 of the
constitution also provides for H.E the Vice President.

The President has the discretion to appoint any citizen of Uganda a Vice President, a Prime
Minister, a Minister, an Attorney General, Deputy Attorney General or Minister of State and
anybody appointed in such a capacity is accountable to the President for the day to day
management of their respective Ministries as the President may assign.

The institution of State House facilitates and supports the President, The Vice President and
their families while the private offices in particular provide the official linkages with
government, the foreign diplomats and the general public.
 
The mandate of State House is to provide at all times, support to the Presidency in order to
facilitate effective and efficient performance of its constitutional and administrative
responsibilities as well as to cater for the welfare and security of H.E the President, H.E the
Vice President and that of their families.
 
The roles of the President
 Appoints Members of the Executive from amongst Members of Parliament or persons
qualified to be elected members of Parliament.
 The President has to appoint any citizen of Uganda a Vice President, a Prime
Minister, a Minister, an Attorney General, Deputy Attorney General or Minister of
State.
 To head the state / country.
 To represent the country in international meeting
 To sign death penalties given in court to criminals

The roles of Vice President

 To deputize for the President as and when the need arises
 Perform other functions as may be assigned to him/her by the President
 To represent president in case he is out of the country
 To perform tasks conferred to him/her by the Constitution.

The roles of Prime Minister

 Be the Leader of Government Business in Parliament.
 To be responsible for the coordination and implementation of Government policies.
 Perform other functions as may be assigned to him/her by the President.
 To perform other tasks as may be conferred on him/her by the Constitution or by law.

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  The Prime Minister is to be individually accountable to the President.
 A responsible for any decision made by the Cabinet.

2. The Cabinet

The power of the Executive Branch is vested in the President of Uganda, who also acts as
head of state and Commander-in-Chief of the armed forces. The President is responsible for
implementing and enforcing the laws written by Parliament and, also appoints the Cabinet.
The Vice President is also part of the Executive Branch, ready to assume the Presidency
should the need arise.

Article 113 of the Constitution provides for the appointment of Minister who shall be
appointed by the President from amongst Members of Parliament or any other person that
qualifies to be elected Member of Parliament;

The functions of a Minister shall include:

 determining policy and exercising relevant statutory powers and functions within
the ambit of his/her portfolio;
 protecting the interests of the President and of the Nation in the Ministry but
responsible to Parliament in ensuring that the Ministry carries out its functions
properly;
 individually be accountable to the President for the administration of their
Ministries and collectively be responsible for any decision made by the Cabinet;
 A Minister shall not hold any office of profit or emolument likely to compromise
his/her office.

Individual Responsibility and Collective Responsibility

Ministerial responsibility is rightly praised as a means of making the Government sensitive to

the feelings of the electors. Cabinet Ministers are accountable to the President and to the
Legislative Assembly for the exercise of two fundamental responsibilities:

 Individual performance related to their portfolio responsibilities within the

Government; and
 Collective performance of the Government

Individual Responsibility

Ministers are:

 Sworn to carry out the powers, duties and functions of their portfolios;
 Responsible for the policies, programs and administration of their
Ministries/Departments;
 The source of policy and program initiatives;

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  Vested with Departmental powers, duties and functions through various Acts;
 Individually responsible to Parliament for their actions; the policies and practices
of their Departments including the actions of all Departmental officials under their
management and direction; and the policies and practices of any non-departmental
bodies such as agencies, Boards and Commissions within the Minister’s portfolio.

Collective responsibility

Ministers are:

 Appointed by the President to serve at his/her pleasure;

 Expected to participate fully in Cabinet decision making including appropriate
Cabinet Committees;
 Expected to defend the Government’s actions and policies; and
 Obliged by law to uphold the rule of Cabinet secrecy

Cabinet is the highest policy making organ of the Executive and under Article 111 of the
Constitution, Cabinet consists of the President, the Vice President, the Prime Minister, the
Attorney General and such a number of Ministers as may appear to the President to be
reasonably necessary for the efficient running of the State.

The function of Cabinet is to formulate, determine and implement the policy of Government
and to perform such functions as may be conferred by the Constitution or any other law of the
land. For more generic terms, the Cabinet has the following functions:

 Providing central leadership in the management of financial, human and

physical resources;
 Establishing the Government’s overall strategic direction and key priorities
 Ensuring that Ministerial proposals are consistent with the Government’s
strategic direction and priorities;
 Establishing the Government’s medium to long-term policy and legislative
priorities and agenda;
 Monitoring the implementation of its decisions

The roles of Ministers

 To carry out the powers, duties and functions of their portfolios/ ministries.
 Responsible for the programs and administration of their Ministries.
 They are source of policy and program initiatives.
 Individually responsible to Parliament for their actions in their ministries.
 To serve at pleasure of the President who has appointed them.
 Expected to participate fully in Cabinet decision making and appropriate Committees.
 Expected to defend the Government’s actions and policies.

The roles of Attorney General

 To be the Principal Legal Adviser of the Government.

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  To draw and peruse agreements, contracts, treaties which the Government is a party.
 To represent the Government in Courts or any other legal proceedings.
 Perform such other functions as may be assigned to him/her by the President or by
law.
 To guide parliament in relation to unpopular laws and bills.

The roles of Deputy Attorney General

The Deputy Attorney General is to deputize the Attorney General and do all his roles too.

3. The Legislature

The legislative power of the Republic of Uganda is vested in Parliament consists of Members
directly elected to represent constituencies, One Woman representative for every district,
Such members of representatives of the army, youth, workers, persons with disabilities and
other groups as

Parliament may determine, Ex-officio Members: The Vice President, Prime Minister and
Ministers who, if not already elected Members of Parliament, shall be ex-officio Members of
Parliament, but without the right to vote on any issue requiring a vote in Parliament.

The Parliament of Uganda derives its mandate and functions from the 1995 Constitution, the
Laws of Uganda and its own Rules of Procedure. The Constitution contains articles which
provide for the establishment, composition and functions of the Parliament of Uganda and
empowers Parliament "to make laws on any matter for the peace, order, development and
good governance of Uganda", and "to protect the Constitution and promote democratic
governance in Uganda".

The functions of the Parliament of Uganda are:

1. To pass laws for the good governance of Uganda.
2. To provide, by giving legislative sanctions taxation and acquisition of loans, the means of
carrying out the work of Government.
3. To scrutinise Government policy and administration through the following:
 pre-legislative scrutiny of bills referred to the Parliamentary committees by
Parliament.
 scrutinising of the various objects of expenditure and the sums to be spent on each
 assuring transparency and accountability in the application of public funds
 monitoring the implementation of Government programmes and projects
4. To debate matters of topical interest usually highlighted in the President's State of the
Nation address.
5. To vet the appointment of persons nominated by the Presidentunder the Constitution or
any other enactment.

Composition
Under article 78(1) of the 1995 Constitution prescribes the composition of Parliament as
follows:

Parliament shall consist of :

 Members directly elected to represent constituencies;

 One woman representative for every district;
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  Such numbers of representatives of the army, youth, workers, persons with disabilities
and other groups as Parliament may determine; and
 The Vice-President and Ministers who, if not already elected Members of Parliament,
shall be ex-officio members without the right to vote on any issue requiring a vote in
Parliament.

4. The Judiciary

Courts in the name of the people and in conformity with the law, values, norms and
aspirations of the people. The Courts of the Judicature consist of The Supreme Court of
Uganda, Court of Appeal of Uganda, High Court of Uganda, Subordinate Courts and Local
Government Courts and such lower courts as may be prescribed by an Act of Parliament

The Judiciary is an independent legal organ comprised of Courts of Judicature as provided for
by the Constitution[2]. The Judiciary is entrusted to administer justice through courts of
judicature including the Supreme Court, the Court of Appeal, the High Court and other courts
or tribunals established by Parliament. The highest court in Uganda is the Supreme Court.
The Court of Appeal is next in hierarchy and it handles appeals from the High Court but it
also sits as the Constitutional Court in determining matters that require Constitutional
interpretation. The High Court of Uganda has unlimited original jurisdiction.
 
Subordinate Courts include Magistrates Courts, and Local Council Courts, Qadhis' courts for
marriage, divorce, inheritance of property and guardianship, and tribunals such as those
established under the Land Act (Cap 227), Communications Act (Cap 106) and Electricity
Act (Cap 145), and Tax Appeals Tribunal Act. 

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Legislation, Policy & Ethics