Referendum Regulations, 2005

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Date of promulgation: 

15 April 2005

STATUTORY INSTRUMENTS 2005 No. 34.

THE REFERENDUM REGULATIONS, 2005.

ARRANGEMENT OF REGULATIONS

Regulation

  1. Title.
  2. Application.
  3. Interpretation.
  4. Canvassing
  5. Functions of referendum committee
  6. Adherence to laws, etc
  7. Established office
  8. Freedom of expression and information
  9. Freedom of assembly
  10. News broadcasts
  11. Misconduct at canvassing meeting
  12. Facilitation
  13. Application of Parliamentary Elections Act, 2001
  14. Forms
  15. Revocation of S.I. No. 33 of 2005

SCHEDULE

FORMS


STATUTORY INSTRUMENTS 2005 No. 34.

The Referendum Regulations, 2005.

(Under subsection (1) of section 31 of the Referendum and Other Provisions Act, 2005)

In exercise of the powers conferred upon the Minister by subsection (1) of section 31 of the Referendum and Other Provisions Act, 2005, these Regulations are made this 15th day of April, 2005.

  1. Title

These Regulations may be cited as the Referendum Regulations, 2005.

  1. Application

These Regulations shall apply to referenda held under the Act.

  1. Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Referendum and Other Provisions Act, 2005;

“canvassing” means any activity, statement or any other form of expression aimed directly or indirectly at soliciting for votes for a side in a referendum;

“Commission” means the Electoral Commission established by article 60 of the constitution;

“facilitation” means financial, human and material support given to a side to the referendum out of money approved by Parliament.

  1. Canvassing
  1. In accordance with section 12(1) of the 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.
  2. A referendum committee may form sub-committees to assist it in carrying out its functions.
  3. A referendum committee shall be free to organize the canvassing for its side, and to appoint agents for the purposes of canvassing and voting.
  1. Functions of referendum committee

Subject to the Act, the functions of a referendum committee are—

  1. to give guidance to individuals and sub-committees canvassing for votes

for the side;

  1. to co-ordinate the activities of the side and to maintain a smooth

canvassing process;

  1. to appoint agents for the purposes of canvassing for votes and for polling;

and

  1. to do any other lawful thing to ensure the success of the side at a referendum.
  1. Adherence to laws, etc

Every referendum committee shall ensure that while canvassing for votes, the laws, regulations and guidelines governing the referendum process are strictly adhered to by every individual and group supporting the side for that committee.

  1. Established office

Each referendum committee shall have an established office.

  1. Freedom of expression and information

Every person shall enjoy complete and unhindered freedom of expression and information in the exercise of the right to canvass under these Regulations subject to the law for the time being in force in Uganda governing freedom of expression and information.

  1. Freedom of assembly

Each side shall, alone or together with others, enjoy complete and unhindered freedom of peaceful assembly in canvassing in a referendum.

  1. News broadcasts

(1) Every side to a referendum shall be free to have the substance of its canvassing reported on radio and television news broadcasts and in any newspapers or other media.

(2) In the case of State-owned media, neutrality shall be maintained in the manner of reporting the news concerning the canvassing of all sides.

  1. Misconduct at canvassing meeting

(1) Any person who, at any canvassing meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held commits an offence and is liable on conviction to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both.

(2) The Chairperson if any, of a meeting to which this regulation applies may direct a person who, in the opinion of the Chairperson, is preventing the transaction of the business for which the meeting is being held, to leave the place, and if that person refuses or fails to leave, the Chairperson may direct a constable or a member of the local defence unit to remove that person from that place and the constable or the member of the local defence unit may thereupon take such steps as are necessary to remove that person.

  1. Facilitation

(1) In accordance with section 29(2) of the Act, the Commission shall give equal facilitation to all sides for the purposes of a referendum out of monies approved by Parliament.

  1. Subject to this regulation, any person or side may in addition, solicit for financial assistance from other sources through lawful means.
  2. A side or agent shall not—
  1. obtain, solicit or receive any financial or other assistance for the purpose

of the side’s canvassing propaganda from any foreign Government, institution, body or person which or who have demonstrated an intention to endanger the security of Uganda;

  1. employ for the purposes of any side’s canvassing any financial or other

assistance from any Government institution, body or person described in paragraph (a).

  1. Every side or agent shall maintain a record of all assistance obtained or solicited under this regulation.
  2. Each side shall, within thirty days after the referendum is held—
  1. account to the Commission for the facilitation given to that side under

sub-regulation (1); and

  1. submit a return to the Commission disclosing all assistance obtained by

the side or agent from any source.

  1. The Commission shall have the right at any time to demand the production of any record to be maintained under sub-regulation (4) or any information relating to it.
  2. A person who—
  1. contravenes sub-regulation (3);
  2. refuses or neglects without lawful excuse to produce any record or

information demanded by the Commission under sub-regulation (6);

  1. for the purposes of sub-regulation (5) or (6) makes a statement which he

or she knows to be false in any material particular;

commits an offence.

  1. A person who commits an offence under sub-regulation (7) is liable on conviction—
  1. in case of an offence under sub-regulation (3), to a fine not exceeding

twenty four currency points or imprisonment not exceeding one year or both; and

  1. in any other case, to a fine not exceeding twelve currency points or

imprisonment not exceeding six months or both.

  1. Application of Parliamentary Elections Act, 2001

The Commission may, so far as practicable, apply to referenda under the Act the provisions of the Parliamentary Elections Act, 2001 with necessary modifications.

  1. Forms

The forms specified in the Schedule to these Regulations shall be used in the cases to which they relate and for the purposes to which they relate under the Act.

  1. Revocation of S.I. No. 33 of 2005

The Referendum and Other Provisions (Form of Certificate to be issued by the Clerk to Parliament under section 15(1) of the Referendum and Other Provisions Act, 2005) Regulations, 2005 are revoked.

SCHEDULE

FORMS

NATIONAL REFERENDUM ON POLITICAL SYSTEMS

Regulation 14

ELECTORAL COMMISSION

FORM REF DR

DECLARATION OF RESULTS OF REFERENDUM ON POLITICAL SYSTEMS UNDER ARTICLE 74(1) OF THE CONSTITUTION AND SECTION 8 OF THE REFERENDUM

AND OTHER PROVISIONS ACT, 2005

Whereas a referendum on political systems was held on the................................................................. day

of..................................... 20............. at which the contesting sides were

And whereas polling for the referendum on political systems closed at.......................... on

the......................... day of................................. 20.............. ,

And whereas the Electoral Commission has ascertained the results of the referendum.

NOW THEREFORE, in exercise of the powers conferred on the Electoral Commission by articles 61(b) and 74(1) of the Constitution and section 8 of the Referendum and Other Provisions Act, 2005, Act No.1 of 2005 the Commission declares the results of the referendum on political systems as follows—

Sides contesting (in alphabetical order)                                Number of valid votes polled by each side                            Percentage of total valid votes

  1. Movement political system
  2. Multiparty system

3.

Total number of valid votes cast for the sides

Dated this.................... day of.......................................... 20.......

Title                                         Name                                      Signature

Chairperson                           ....................................................................

Deputy Chairperson                                                                                

Commissioner                       ....................................................................

Commissioner                       ....................................................................

Commissioner                       ....................................................................

Commissioner                       ....................................................................

Commissioner                       ....................................................................

Secretary (Seal of E/C)                                                                         


QUESTION FOR APPROVAL OF A BILL BY REFERENDUM UNDER ARTICLE 259

OF THE CONSTITUTION

Section 14 (3) of the Act Regulation 14

In this Bill for an Act of Parliament entitled................................................ , which is now before you,

Parliament has amended the following provisions of the 1995 Constitution of the Republic of Uganda, among other provisions of the Constitution—

Do you approve this Bill, Yes/No?

FORM B

question for ratification of a bill by members of district councils

UNDER ARTICLE 260 OF THE CONSTITUTION

Section 20 (7) of the Act Regulation 14

n this Bill for an Act of Parliament entitled................................................. , which is now before you,

Parliament has amended the following provisions of the 1995 Constitution of the Republic of Uganda, among other provisions of the Constitution—

Do you ratify this Bill, Yes/No?

Article 259 of the Constitution and section 8 of the Act

Regulation 14 FORM REF DR.

ELECTORAL COMMISSION

DECLARATION OF RESULTS OF A REFERENDUM UNDER ARTICLE 259 OF THE CONSTITUTION AND SECTION 8 OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO. 1 OF 2005

Whereas a referendum was held on the ................... day of...................... ,20....... for the approval of

the........................................... Bill, 20..................................

which sought to amend the following articles of the Constitution

And whereas polling for the referendum closed at ...................................  on the ................................. of

20....

And whereas the Electoral Commission has ascertained the results of the referendum:

NOW THEREFORE, in exercise of the powers conferred on the Electoral Commission by articles 61(b) and 259 of the Constitution and section 8(1) of the Referendum and Other Provisions Act, 2005, Act No. 1 of 2005, the Commission declares the results of the referendum on the Constitution (Amendment) Bill as follows—

Number of voters cast in favour of the Bill Number of votes cast against the Bill                        Total number of valid votes cast

Percentage of votes cast in favour of the Bill Percentage of votes cast against the Bill

The Constitution (Amendment) Bill was *approved/was not approved at the referendum held

on ............... day of............................ 20..

Dated this.................... day of.......................................... 20.......

Title                                         Name                                      Signature

Chairperson                                                                                                                 

Deputy Chairperson            ......................................................................................

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Secretary (Seal of E/C)                                                                                           

  • Delete whichever is not applicable.

FORM D

Section 11(4) of the Act Regulation 14

OTHER MATTERS TO BE STATED IN A PETITION UNDER ARTICLE 255 OF THE

constitution


A petition under article 255 of the Constitution and section 11(4) of the Referendum and Other Provisions Act, 2005 shall state also—

  1. The full name of the person;
  2. That he or she is 18 years of age or above;
  3. That he or she is a registered voter, stating his or her voter registration number;
  4. The physical address of the person and the constituency in which the person is registered.

FORM E

Article 255 of the Constitution Section 11(9) of the Act Regulation 14

OBJECTION UNDER SECTION 11 (9) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO. 1 OF 2005 REGARDING PETITIONS UNDER ARTICLE 255 OF THE CONSTITUTION

I................................................................. of......................................................... (physical address) wish to

make objection as follows—

  1. *.................................................................................................... that in the petition for   (issue of petition) under

article 255 of the Constitution dated                                      my name was included

among the persons making the petition and that I have not given my consent to the inclusion of my name in the petition;

  1. *..................................................................................................... that in the petition for (issue of petition) under

article 255 of the Constitution dated                                                     the name of

...................... who died on                                                            before the date of the

petition, was included in the petition.

I therefore, pray that*—

  1. my name should be expunged from the above petition;
  2. the name of                                                               (deceased) should be expunged

from the above petition.

Date

Name: ......................................................................................................................

Signature ....................................................................................................................

Witness to Signature ...........................................................................................

  • Delete which ever is not applicable.

FORM F

Article 255 of the Constitution, Section 11(13) of the Act

CERTIFICATE OF ELECTORAL COMMISSION UNDER SECTION 11(13) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 CONCERNING SUBMISSION OF PETITION UNDER ARTICLE 255 OF

constitution.

The Electoral Commission, upon receipt of a petition under section 11 of the Referendum and other Provisions Act, 2005 and article 255 of the Constitution and upon verifying whether the petition has been duly submitted by a registered voter and supported by the required number of registered voters, certifies—

A*

  1. that the referendum is a national referendum;
  2. that the petition is made in writing by a registered voter;
  3. that the petition is supported by at least one tenth of the total registered voters from at least one third of the districts of Uganda;
  4. that the total number of registered voters in Uganda is..........................................
  5. that the number of registered voters who support the petition is,...........................

And therefore the petition was duly submitted; or B*

  1. that the referendum is to be held in.................................. being a part of Uganda;
  2. that the petition is made in writing by a registered voter registered in that part of Uganda;
  3. that the petition is supported by at least one third of the total registered voters in that part of Uganda;
  4. that the total number of registered voters in that part of Uganda; is..........................................
  5. that the number of registered voters in that part of Uganda who support the petition is               

And therefore the petition was duly submitted; or C*

That the petition does not satisfy the requirements of section 11(2) of the Act and therefore was not duly submitted for the following reasons—

Any other comments

Dated this.................... day of ....

Text Box: 20	
Signature
Title                                         Name

Chairperson                           .

Deputy Chairperson            .

Commissioner                       .

Commissioner                       .

Commissioner                       .

Commissioner                       .

Commissioner                       .

Secretary (Seal of E/C)    ..

  • Delete whichever is not applicable.

FORM G

Section 14(2) of the Act Regulation 14

CERTIFICATE OF CLERK TO PARLIAMENT UNDER SECTION 14(2) OF REFERENDUM AND OTHER PROVISIONS ACT, 2005 ACT NO.1 OF 2005 THAT A BILL TO WHICH ARTICLE 259 OF THE CONSTITUTION RELATES HAS BEEN PASSED BY PARLIAMENT SUPPORTED BY NOT LESS THAN TWO-THIRDS OF ALL MEMBERS OF PARLIAMENT AT SECOND AND THIRD READINGS IN

PARLIAMENT

To the Electoral Commission

I,....................................................... Clerk to Parliament, certify that the

............................................................................... Bill, 20............. amending the following provision(s)

of the Constitution........................................................ was approved and passed on

................................................................... by Parliament and was supported at the Second and Third

Readings in Parliament by not less than two-thirds of all members of Parliament.

Date: .................................................... , 20

Clerk to Parliament.


Section 14(5)(b) of the Act Regulation 14

STATEMENT OF THE ELECTORAL COMMISSION UNDER SECTION 14(5) (b) OF

THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 THAT A BILL WAS NOT APPROVED AT A REFERENDUM UNDER ARTICLE 259(1)(b) OF

THE CONSTITUTION

To the Clerk to Parliament

The Electoral Commission certifies—

  1. that in accordance with article 259(1)(b) of the Constitution, the

                                                         Bill, 20                  seeking to amend the following

provision(s) of the Constitution                                    was referred to a decision of the

people for their approval in a referendum held on..day.......... 20..

  1. that the Bill was not approved in the referendum;
  2. that the total number of votes cast in favour of the Bill in the referendum was 
  3. that the total number of votes cast against the Bill in the referendum was

Dated this.................... day of........................................... 20.......

Title  Name                             Signature

Chairperson                                                                           ...................................

Deputy Chairperson            ........................................                                           

Commissioner                                                                      ...................................

Commissioner                                                                      ...................................

Commissioner                                                                      ...................................

Commissioner                                                                      ...................................

Commissioner                                                                      ...................................

Secretary (Seal of E/C) .........................................................................................

FORM I

Section 15(1) of the Act Regulation 14

CERTIFICATE OF CLERK OF PARLIAMENT UNDER SECTION 15(1) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005 ACT NO.1 OF 2005 IN RESPECT OF A RESOLUTION BY PARLIAMENT UNDER ARTICLE 74(1)(a) OF THE CONSTITUTION REQUESTING THE HOLDING OF A REFERENDUM FOR THE PURPOSE OF CHANGING THE POLITICAL SYSTEM


To the Electoral Commission

I,................................................................ Clerk to Parliament, certify that Parliament on

the............. day of...................................... 20............. passed the attached resolution supported by not

less than half of all the members of Parliament.

Total number of members of Parliament:

Number of members of Parliament who supported the resolution:

Clerk to Parliament

(Attach resolution)

FORM J

Section 15(2) of the Act Regulation 14

RESOLUTION PASSED BY district COUNCIL UNDER SECTION 15(2) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 AND UNDER ARTICLE 74(1) (b) OF THE CONSTITUTION IN SUPPORT OF A REQUEST FOR THE HOLDING OF A REFERENDUM

RESOLUTION BY..................................................... district council

BE IT RESOLVED THAT a referendum should be held under article 74(1 )(b) of the Constitution for the purpose of changing the political system.

Total membership of the................................... District Council...................... ;

The names of members of the.................................................. District Council are as attached.

The number of members of the ................................................. District Council who voted in favour

of the resolution is........................................

The number of members of the............................................. District Council who voted against the

resolution is................................................................

I, .................................................. Speaker of ........................................ the District Council certify that

the above resolution was passed on .................. day of........................................... , 20......... and that the

Text Box: day ofText Box: , 20

 
  Text Box: Dated this

above statement is correct.

Signature of Speaker of the

Text Box: District Council.Name and signature of witness..........................................................................

FORM K

Section 15(3) of the Act Regulation 14

CERTIFICATE OF ELECTORAL COMMISSION UNDER SECTION 15(3) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 AFTER VERIFYING RESOLUTIONS OF DISTRICT COUNCILS UNDER ARTICLE 74(1)(b) OF

THE CONSTITUTION

The Electoral Commission, after verifying resolutions passed by district councils in respect of the proposal for the holding of a referendum for the purpose of changing the political system under article 74(1)(b) of the Constitution, certifies that—

  1. a request has been made by resolution for the holding of a referendum for the purpose of changing the political system;
  2. the resolution is supported by a majority of the total membership of each of at least one half of all district councils in Uganda;
  3. the district councils the majority of whose membership voted in favour of the resolution are as attached.
  4. the district councils where the majority of the total membership did not vote in favour of the resolution are as attached
  5. the total number of district councils in Uganda is................................

Dated this....................... day of.................................. 20............

Title                                          Name                                     Signature

Chairperson                                                                    .........................................

Deputy Chairperson ...................................................  .........................................

Commissioner                                                               .........................................

Commissioner                                                               .........................................

Commissioner                                                               .........................................

Commissioner                                                               .........................................

Commissioner                                                               .........................................

Secretary (Seal of E/C) ..........................................................................................

FORM L

Section 15(4) of the Act Regulation 14

CERTIFICATE OF ELECTORAL COMMISSION UNDER SECTION 15(4) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 AS TO WHETHER OR NOT THE REQUIREMENTS OF ARTICLE 74(1)(c) HAVE BEEN COMPLIED WITH IN RESPECT OF A REQUEST TO HOLD A REFERENDUM FOR THE PURPOSE OF CHANGING THE POLITICAL SYSTEM

The Electoral Commission certifies upon ascertaining whether the names of the persons who purport to have signed a petition for holding a referendum for the purpose of changing the
political system appear on the national register of registered voters for the purpose of the referendum—

  • That at least one-tenth of the registered voters from each of at least two-thirds of the constituencies for which representatives are required to be directly elected under article 78(1)(a) of the Constitution have supported the petition.
  • That article 74(1)(c) of the Constitution has not been complied with.

That the total number of registered voters in constituencies for which representatives are required to be directly elected under article 78(1)(a) of the Constitution is

That the number of registered voters who supported the petition in the above mentioned constituencies is         

Dated this.................. day of............................................ 20............

Title                                         Name                                      Signature

Chairperson                                                                                                                 

Deputy Chairperson                                                                                                  

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Secretary (Seal of E/C)     ......................................................................................

  • Delete whichever is not applicable

FORM M

Section 15(7) of the Act Regulation 14

OBJECTION UNDER SECTION 15(7) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 REGARDING PETITIONS UNDER ARTICLE 74(2) (c) OF THE CONSTITUTION

I, ....................................................  of..................................................... (physical address) wish to make

objection as follows—

  1. * that in the petition for a referendum for the purpose of changing the political system

under article 74(1)(c) of the Constitution dated                                                      my name was

included among the persons making the petition and that I did not give my consent to the inclusion of my name in the petition;

  1. * that in the petition for a referendum for the purpose of changing the political system

under article 74(1)(c) of the Constitution dated                                                      the name of

............................................ who died on                                       before the date of the petition,

was included in the petition among the petitioners.

I therefore pray that*—

  1. * my name should be expunged from the above petition;

(deceased) should be expunged from the above

Text Box: (b)* the name of petition.Date:...................................................................................

Name:.................................................................................

Signature:...........................................................................

Witness to signature:.........................................................

  • Delete which ever is not applicable.

FORM N

Section 16(4) of the Act Regulation 14

CERTIFICATE OF THE SPEAKER OF A DISTRICT COUNCIL UNDER SECTION 16(4) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 STATING THE TOTAL MEMBERSHIP OF THE DISTRICT COUNCIL AND THE NUMBER OF MEMBERS WHO VOTED IN SUPPORT OF OR AGAINST THE PETITION TO PARLIAMENT FOR A RESOLUTION FOR CHANGING THE POLITICAL SYSTEM

UNDER ARTICLE 74(2) OF THE CONSTITUTION

I, ................................................. Speaker of............................................. District Council, certify that on

the.................... day of................................................ , 20......................... the following resolution was

passed by .................................................................. District Council in support of a petition to

Parliament for the purpose of changing the political system.

That the total membership of the district council is....................................

The number of members of the .................................... District Council who voted in support of the

petition is.....................................................

That the number of members of the............................................. District Council who voted against

the resolution is................................................

That the resolution was as follows—

BE IT RESOLVED that a referendum for the purpose of changing the political system should be held as requested in the petition dated.................................................................................................................

Name of Speaker......................................................................................................

Signature of Speaker.............................................. Date:......................................

Witness to signature:................................................................................................

FORM O

Section 16(6) of the Act Regulation 14

CERTIFICATE OF ELECTORAL COMMISSION UNDER SECTION 16(6) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005 ACT NO.1 OF 2005 THAT IT IS SATISFIED THAT THE PETITION UNDER ARTICLE 74(2) IS SUPPORTED BY AT

LEAST TWO THIRDS MAJORITY OF THE TOTAL MEMBERSHIP OF EACH OF AT LEAST HALF OF ALL

THE DISTRICTS IN UGANDA

To the Clerk to Parliament

After verifying under section 16(5) of the Referendum and Other Provisions Act, 2005 the resolutions of district councils and certificates of speakers of the district councils under section 16(4) of the Act, the Commission certifies that it is satisfied that the petition dated

................................... is supported by not less than two-thirds of the total membership of each of

at least half of all districts in Uganda.

Total number of districts in Uganda...................................................................

Number of districts in which not less than two thirds of the total membership voted in favour of the petition is              

Dated this........................................... day of.................................................. 20....

Title                                          Name                                     Signature

Chairperson                           ......................................................................................

Deputy Chairperson            ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Secretary (Seal of E/C) ..........................................................................................

FORM P

Section 16(7) of the Act Regulation 14

CERTIFICATE OF CLERK TO PARLIAMENT UNDER SECTION 16(7) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO. 1 OF 2005 THAT THE RESOLUTION IN SUPPORT OF A PETITION UNDER ARTICLE 74(2) WAS SUPPORTED BY NOT LESS THAN

TWO THIRDS OF ALL MEMBERS OF parliament

To the Electoral Commission

I, ............................................................... Clerk to Parliament certify in accordance with section

16(7) of Referendum and Other Provisions Act, 2005 that the attached resolution in support of a petition by district councils for changing the political system under article 74(2) of the

Constitution was passed by Parliament on the........................................................................................... day

of............................................. 20....................... and that the resolution was supported by not less than

two thirds of all members of Parliament.

Total number of members Parliament..............................................................

Number of members of Parliament who supported the resolution


Date:


 

 


Clerk to Parliament


(Attach resolution)


 

 

 


FORM Q


 


Section 20(2) of the Act Regulation 14

CERTIFICATE OF CLERK TO PARLIAMENT UNDER SECTION 20(2) OF REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 THAT A BILL TO WHICH ARTICLE 260 OF THE CONSTITUTION RELATES HAS BEEN PASSED BY PARLIAMENT SUPPORTED BY NOT LESS THAN TWO-THIRDS OF ALL MEMBERS OF PARLIAMENT AT THE SECOND AND

THIRD READINGS IN PARLIAMENT

To the Electoral Commission:


 


Text Box: Bill, 20	amending the following
was approved and passed on
I certify that the ..................................

provision(s) of the Constitution


.................................................................... by Parliament and was supported at the Second and Third

Readings in Parliament by not less than two-thirds of all members of Parliament.

Text Box: 20Date:

Clerk to Parliament

FORM R

Section 20(6) of the Act Regulation 14

STATEMENT BY ELECTION OFFICER UNDER SECTION 20(6) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005

INDICATING RESULTS OF VOTING IN A DISTRICT COUNCIL ON A BILL FOR RATIFICATION BY THE

COUNCIL UNDER ARTICLE 260 OF THE CONSTITUTION

To Electoral Commission

  • an election officer appointed by the Electoral Commission

state as follows—

That I was present when the resolution for ratification of the ...................................... Bill was being

voted on in................................... District Council;

That the total membership of the........................... District Council was........................................

That the names of the members of the                                                      District Council are as

attached.

That the number of members of the                                            District Council who voted in

favour of the resolution was.............................. ; and

That the number of members of the .......................................................  District Council who voted

against the resolution was......................................

Date:...................................................

Signature of election officer

FORM S

Section 20(13) of the Act Regulation 14

CERTIFICATE OF ELECTORAL COMMISSION TO CLERK TO PARLIAMENT UNDER SECTION 20(13) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 THAT A BILL HAS NOT BEEN RATIFIED BY DISTRICT COUNCILS UNDER ARTICLE 260 OF THE CONSTITUTION

To: Clerk to Parliament

The Electoral Commission certifies that after tallying the results of voting on the

................................................... Bill, 20.............. by district councils under section 20(13) of the

Referendum and Other Provisions Act, 2005, the Electoral Commission is not satisfied that the Bill has been ratified by the district councils in accordance with article 260(1)(b) of the Constitution.

And the Commission states that the number of resolutions which were supported by two- thirds of the members of the district councils is............................................................................................................. ;

And the Commission further states that the number of district councils where no resolutions were passed under section 20 of the Act was..............................................................................................................................................................

Text Box: TitleText Box: Name

 
  Text Box: Signature

Dated:...........................................

Chairperson                           ......................................................................................

Deputy Chairperson            ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Commissioner                      ......................................................................................

Secretary (Seal of E/C) ..........................................................................................

FORM T

Section 24(11) of the Act Regulation 14

petition by registered voter challenging the results of a

REFERENDUM

petition challenging results of a referendum

in THE high COURT OF UGANDA Referendum held on the     day of    20...............................................................

The petition of (name).................................. of.......................... (constituency) which is supported by

the registered voters whose names and signatures are stated at the foot of this petition.

  1. Your petitioner(s) is(are) registered voter(s) in............................ constituency.
  2. And your petitioner(s) state(s) that a referendum was held in

Uganda/                                              (particular part of Uganda) and the Electoral

Commission has declared (state results as declared by Electoral Commission) as the results of the referendum.

  1. And your petitioner says that in holding the referendum there was non-compliance with the provisions of the Referendum and other Provisions Act,2005 and/ or the Parliamentary Elections Act, 2001.

Therefore your petitioner(s) pray(s) that the Court may—

  1. declare the published results of the referendum to be incorrect and declare the correct results;
  2. order the Commission to repeat the polling in any particular place or places;
  3. annul the referendum and order a new referendum to be held; or
  4. grant any other remedy the Court may deem appropriate.

Dated this................................... day of.................................................. 20.............

Signed:                                                           

Petitioner(s)

Address of service

Name and signatures of registered voters supporting the petition.

The name(s) of my(our) advocate(s) is(are)..................................................

N.B The petition must be accompanied by an affidavit setting out the facts on which the petition is based.

Registered voters supporting petition

The petition dated.............................. in the name of........................................................................... being

a registered voter in................................................... Constituency has been supported by—

  1. in case of a referendum held throughout Uganda not less than two percent of the registered voters of Uganda, the total number of registered voters in Uganda being
  2. in the case of a referendum held in a part of Uganda, namely,

................................................ (state place where referendum was held) not less than two

percent of the total number of registered voters from that part of Uganda, the total number of registered voters from that part of Uganda being.............................................................................................................

Name of registered voter Voter registration number Signature of supporter

FORM U

Section 8 of the Act Article 255 of the Constitution Regulation 14

DECLARATION OF RESULTS FOR REFERENDUM UNDER ARTICLE 255 OF THE CONSTITUTION AND UNDER SECTION 8 OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005

Whereas a referendum was held in Uganda in................................ or in........................... being part of

Uganda on......................................... 20...........

AND WHEREAS the Electoral Commission has ascertained the results of the referendum; AND WHEREAS the question in respect of which votes were cast was as follows—

NOW THEREFORE the Electoral Commission declares the results of the referendum as follows—

Number of votes cast in favour of the question                          Number of votes cast against the question Total number of valid votes

cast                Total number of invalid votes Percentage of votes cast in favour of the question

Dated this.................... day of........................................... 20.......

Title                                         Name                                     Signature

Chairperson                            .....................................................................................

Deputy Chairperson ................................................................................................

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Commissioner                                                                                                            

Secretary (Seal of E/C) ..........................................................................................

FORM V

Section 24(5) of the Act Regulation 14

OBJECTION UNDER SECTION 24(5) OF THE REFERENDUM AND OTHER PROVISIONS ACT, 2005, ACT NO.1 OF 2005 REGARDING A PETITION CHALLENGING A REFERENDUM

I, ......................................................... of.............................................................. (physical address) wish to

make objection as follows—

  1. *...................................................................... that in the petition dated            challenging the results of the referendum held on

                               my name was included among the persons making the petition and that

I have not given my consent to the inclusion of my name in the petition;

  1. * that in the petition challenging the results of the referendum held

on................................. the name of                                                                         who died on

                                  before the date of the petition, was included in the petition among the

petitioners.

I therefore pray that*—

  1. my name should be expunged from the above petition;
  2. the name of ................................................. (deceased) should be expunged from the above

petition.

Date:...........................................................................

Name:..........................................................................

Signature:..................................................................

Witness to signature:...........................................

*Delete which ever is not applicable.

HON. ADOLF MWESIGE,

Minister of State for Justice and Constitutional Affairs and holding the portfolio of Minister of Justice and Constitutional Affairs.