This Statute was repealed on 2005-09-02 by Uganda Peoples’ Defence Forces Act, 2005.
Related documents
- Is repealed by Uganda Peoples’ Defence Forces Act, 2005
Uganda
Uganda Peoples' Defence Forces Act
Chapter 307
- Commenced on 24 April 1992
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Repealed by Uganda Peoples’ Defence Forces Act, 2005 (Act 7 of 2005) on 2 September 2005]
Part I – Interpretation
1. Interpretation
In this Act, unless the context otherwise requires—Part II – Organisation
2. Raising of the army
There shall be raised and maintained in accordance with this Act, an army to be known as the Uganda Peoples’ Defence Forces not exceeding such strength as may be determined by the Uganda Peoples’ Defence Forces Council and Parliament sitting in a closed session.3. Composition.
4. Composition of regular force
Each regular force shall consist of—5. Composition of regular reserve
Each regular reserve shall consist of officers whom the Uganda Peoples’ Defence Forces Council has transferred to the reserve and militants who have been transferred to the reserve in accordance with the terms of their enlistment.6. Full-time active service
7. Reserve force in training
The whole or any part of any regular reserve or any prescribed force may be called out for training in accordance with regulations made in that behalf.8. Employment of civilians
Civilian employees may be appointed in such numbers, for such purposes, in such manner and under such conditions of service as may be prescribed.9. Commander-in-Chief of the Uganda Peoples’ Defence Forces
10. Uganda Peoples’ Defence Forces Council
11. High Command
12. Committees
The President may, in consultation with the Uganda Peoples’ Defence Forces Council, create and appoint committees for the proper administration of the army.13. Board of inquiry
Part III – Persons subject to military law
14. Army code of conduct
15. Persons subject to military law
16. Treachery
A person subject to military law who, for any purpose prejudicial to the security or interests of Uganda—17. Subversion
A person subject to military law who displays any of the following types of conduct—18. Mutiny
19. Disobeying lawful orders
20. Failing to execute one’s duties
21. Offence relating to prisoners of war
A person subject to military law who—22. Violence to a superior officer
A person subject to military law who unlawfully strikes or draws or lifts up a weapon against a superior officer, or uses or offers violence against a superior officer commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.23. Insubordinate behaviour
A person subject to military law who uses threatening or insulting language to or behaves with contempt towards a superior officer commits an offence and is liable on conviction to a term of imprisonment for a period not exceeding two years.24. Quarrels and disturbances
A person subject to military law who quarrels or fights with any other person who is subject to military law, or who uses provoking words or gestures towards a person so subject tending to cause a quarrel or disturbance, commits an offence and is liable on conviction to a term of imprisonment not exceeding two years.25. Disorders
A person subject to military law who—26. Abuse of inferiors
A person subject to military law who unlawfully strikes, draws, lifts up a weapon against or in any way ill-treats any person in the army who by reason of rank or appointment is subordinate to him commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.27. Scandalous conduct by officers, etc.
28. Drunkenness
29. Cowardice in action
30. Offences by persons in command when in action
A person in command of a vessel, aircraft, defence establishment or unit of the army who—31. Breaching concealment
32. Personal interests endangering operational efficiency
A person subject to military law who does any of the following acts commits an offence and is liable on conviction to life imprisonment—33. Failure to protect war materials, etc.
34. Careless shooting in operation
A person subject to military law who carelessly shoots a fellow fighter or handles arms or ammunition in such a manner as to endanger lives of other fighters in operation commits an offence and is liable on conviction to life imprisonment.35. Failure to brief, etc.
36. Offences relating to operations
A person subject to military law who—37. Offences relating to security
38. Spreading harmful propaganda
39. Desertion
40. Connivance at desertion
A person subject to military law who—41. Absence without leave
42. False statement in respect of leave
A person subject to military law who knowingly makes a false statement for the purposes of prolonging his leave of absence commits an offence and is liable on conviction to a term of imprisonment not exceeding two years.43. Malingering or maiming
A person subject to military law who—44. Taking or possessing drugs
A person subject to military law who takes or is in unlawful possession of bhangi, cannabis, marijuana, cocaine or any other intoxicating drug as may be prescribed by the Uganda Peoples’ Defence Forces Council commits an offence and is liable on conviction to a term of imprisonment not exceeding ten years.Miscellaneous offences
45. Interfering with the process of law
46. Unlawful detention of person in custody
A person subject to military law who—47. Negligent or wilful interference with custody
A person subject to military law who—48. Escape from custody
A person subject to military law, who, being under arrest or confinement or in prison or otherwise in lawful custody, escapes, commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.49. Obstruction of police duties, etc.
A person subject to military law who—50. Offences in relation to convoys
A person subject to military law who, while serving in any ship or vessel belonging to, or being used by the army and involved in the convoying and protection of another ship or vessel—51. Losing, stranding or hazarding vessels
A person who hijacks, wilfully or negligently or through other default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship, vessel, or aircraft belonging to or used by the army or forces cooperating with the army, commits an offence and is liable on conviction to suffer death.52. Wrongful acts in relation to aircraft, etc.
A person who—53. Low flying
A person subject to military law who flies an aircraft at a height lower than the height as may be prescribed by regulations or in any other manner so as to cause or be likely to cause annoyance to any person except—54. Inaccurate certificate
A person who signs an inaccurate certificate in relation to an aircraft or aircraft material, unless he proves that he took reasonable steps to ensure that it was accurate, commits an offence and is liable on conviction to suffer death.55. Dangerous acts in relation to aircraft
A person subject to military law who does or omits to do an act in the use of or in relation to an aircraft or aircraft material, which act or omission causes or is likely to cause loss of life or bodily injury to any person, commits an offence and is liable on conviction to suffer death.56. Disobedience of commander’s orders
57. Disturbance in billets, etc.
A person subject to military law who—58. Attempt to hijack aircraft, vessel, etc.
A person who attempts to hijack an aircraft, vessel or ship belonging to or used by the army or forces cooperating with the army commits an offence and is liable on conviction to suffer death.59. Offences in relation to documents
A person who—60. Conspiracy
A person subject to military law who conspires with any other person, whether or not the other person is subject to military law, to commit a service offence, commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years.61. Causing fire
A person who wilfully or negligently or contrary to regulations made under this Act, orders or instructs or does any act or omits to do anything which act or omission causes or is likely to cause fire to occur in any establishment, works, or material for defence, commits an offence and is liable on conviction—62. Unauthorised use of vehicles
A person who—63. Destruction, loss or improper disposal of property
A person subject to military law who—64. Selling or pawning decorations
A person subject to military law who sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.65. False accusation, etc.
A person subject to military law who—66. Conduct prejudicial to good order and discipline
67. Other offences
A person subject to military law who—68. Offences in respect of military courts
69. Service trial of civil offences
70. Conviction for related or less serious offences
71. Aiding or abetting commission of offence, etc.
A person subject to military law who—Part IV – Trial and punishment of service offences
72. Arrest generally
73. Appointment and powers of specially appointed personnel
An officer or militant appointed under regulations made for the purpose of this section may—74. Disposal of person arrested
75. The report of delay of trial
76. Convening authority
The High Command or any other authority as may be authorised in that behalf by the High Command may convene a military court.77. Composition and powers of a unit disciplinary committee
78. Field court-martial
79. Ineligibility to serve on a field court-martial
Any of the following persons shall not qualify to sit as a member of a field court-martial—80. Division court-martial
81. General court-martial
82. Provisions applying to division court-martial and the general court-martial
The following provisions shall apply to a division court-martial and the general court-martial—83. Certain category of officers to sit on a military court
There shall be at any proceeding of a military court the following officers appointed by the High Command or any other authority as may be authorised in that behalf by the High Command —84. Court-martial appeal court
85. Jurisdiction of court-martial appeal court
A person who has been tried and found guilty by the general court-martial shall have a right to appeal to the court-martial appeal court, in such form, manner and within such time as may be prescribed on either or both of the following matters—86. Disallowing appeal
Notwithstanding anything in this Part of this Act, the court-martial appeal court may disallow an appeal if, in the opinion of the court to be expressed in writing, there has been no substantial miscarriage of justice.87. Setting aside finding, etc.
88. Punishments subject to mitigation
Where a punishment included in a sentence has been dealt with under section 87(3), the new punishment shall be subject to mitigation, commutation, remission or suspension in the same manner and to the same extent as if it had been passed by the military court.89. Decisions
90. Principles of civil court to be observed generally
Except as otherwise expressly provided in this Act and any regulations made under it, the rules of evidence and procedure to be observed in proceedings before a military court shall, as far as is practicable, be the same as those observed in proceedings before a civil court.91. Jurisdiction of civil court
Nothing in this Act shall affect the jurisdiction of any civil court to try a person for an offence triable by that court.92. Prerogative of mercy
The President shall, while exercising his or her powers under article 121 of the Constitution, be advised by members of the High Command in cases falling under this Act.93. Scale of punishments
94. Provisions where accused found insane
Limitations
95. Limitation on jurisdiction
A person alleged to have committed a service offence may be charged, dealt with and tried under military law whether the alleged offence was committed in Uganda or out of Uganda.96. Autrefois acquit and autrefois convict
97. Quashing findings of a military court
98. Substitution of findings for original findings of military court
99. New trial
100. Substitution of punishments
Where a military court has passed a sentence in which is included an illegal punishment, the court-martial appeal court may, subject to such conditions as may be prescribed, substitute for the illegal punishment such new punishment as it considers appropriate.101. Mitigation of punishments, etc.
The court-martial appeal court may, subject to such conditions as may be prescribed, mitigate, commute or remit any or all of the punishment included in a sentence passed by a military court.102. Effect of new punishment
103. Saving provision
Nothing in the preceding provisions of this Part of this Act shall be in derogation of the powers conferred under this Act to quash findings or alter findings and sentences.104. Army Fund
Part V – General
105. Regulations
106. Continuance of existing forces
The Armed Forces of Uganda in existence immediately before the date of the commencement of this Act shall be deemed, on and after that date, to be included in the Uganda Peoples’ Defence Forces raised and maintained under this Act.107. Application of Act to juvenile militants
The provisions of this Act shall as far as may be practicable, and subject to such modifications as may be prescribed, apply to juvenile militants in like manner as those provisions apply to militants.108. Application of Act to women
The provisions of this Act shall apply to women members of the army as far as may be practicable subject to such modifications as may be necessary.History of this document
02 September 2005
Repealed by
Uganda Peoples’ Defence Forces Act, 2005
31 December 2000 this version
Consolidation
24 April 1992
Commenced