THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA
HOLDEN AT KAMPALA
(CORAM: S.T. MANYINDO - DCJ, G.M. OKELLO - J, LADY JUSTICE A.E. MPAGI-BAHIGEINE, J.P. TABARD - J, AND F.M.S. EGONDA-NTENDE J)
CONSTITUTIONAL PETITION NO. 1 OF 1996
MAJOR GENERAL DAVID TINYEFUZA: :: :: :: PETITIONER
ATTORNEY GENERAL: :: :: :: :: RESPONDENT
JUDGMENT OF MANYINDO - DCJ:
The Petitioner, Major General David Tinyefuza, joined the National Resistance Army (NRA), now Uganda Peoples' Defence Forces (UPDF) in 1981. At that time the NRA was a guerilla Army engaged in the struggle to oust the Government of the day. They succeeded and took over the reigns of power on 26-1-86. By that time the petitioner was a Senior Officer and a historical member of the High Command of the NRA.
Under section 14A of Legal Notice No. 1 of 1986, as amended by Decree No. 1 of 1987, the "bush" NRA became the National Army of Uganda from 26-1-86, and an Army Council was established consisting among others, Senior Army Officers as at 26-1-86. That Army was formally raised and regulated by the National Resistance Army Statute, 1992, (No. 3 of 1992) which came into force on 24-4-92, and which repealed the Armed Forces Act and Legal Notice No. 1 of 1986. By virtue of section 9 thereof the petitioner, in his capacity as a Senior Officer, became a Member of the National Resistance Army Council, created under that section. He also became a Member of the new High Command under section 10(1) (c) of the same Statute, as a historical member of the NRA as at 26-1-86. In 1988, he was promoted to the rank of Brigadier. In 1989, he was further promoted to his present rank of Major General. In that same year he was appointed Minister of State for Defence, a post he held until 2-2-93, when he was appointed Presidential Advisor on Military Affairs.
The letter of appointment was written on 24