Revised Constitution of Ledgersia

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Revision as of 01:55, 22 July 2010

CHAPTER — The Executive

PART I — The President and the Vice-President

1. (1) There shall be for the Federation a President.

(2) The President shall —
(a) be the Head of State, the Head of Government, and the Commander-in-Chief of the Armed Forces of the Federation;
(b) be a symbol of national unity, and have the responsibility to —
(i) promote and enhance the unity of the nation;
(ii) safeguard the sovereignty of the Federation;
(iii) promote and respect the diversity of the people and the communities of _____; and
(c) uphold, safeguard, and respect this Constitution and ensure the protection of human rights and fundamental freedoms and the rule of law.

(3) The powers of the President shall be exercised in accordance with this Constitution and the laws.

2. Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President if that person —
(a) is a citizen of _____ by birth; and
(b) has attained the age of thirty-five years.

3. (1) The President shall be elected in accordance with the provisions of this Constitution and subject thereto.

(2) Election of the President shall be —
(a) by direct, universal and equal suffrage; and
(b) conducted in accordance with principles and procedures to be determined by Act of Parliament:

Provided that no person shall be elected as President unless he received more than fifty percent of the votes cast and the necessary number of ballots shall be conducted until result is reached.

(3) An election to the said office shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(4) For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

(5) The procedures to be followed for the nomination of candidates for election as President, and for all matters necessary and incidental to ensure the free, fair and effective election of a President, shall be determined by Act of Parliament:

Provided that any registered political party shall be entitled to nominate a candidate, and any person supported by a minimum number of registered voters to be determined by Act of Parliament shall also be entitled to be nominated as a candidate.

4. No person shall be eligible for nomination as a candidate for election as President if that person —
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in _____ and has not been discharged, or has made a composition with his creditors and has not paid his debts in full;
(c) is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in _____;
(d) is the holder of a public office or a member of Parliament, unless that person first resigns;
(e) is a serving member of the Armed Forces of the Federation;
(f) is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(g) has, within the last ten years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; or
(h) has, within the last ten years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament.

5. (1) A person elected to the office of President shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the following oath:

“I.....do solemnly swear that I will maintain the Constitution of _____ and uphold its laws, that I will fulfil my duties faithfully and conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of _____. So help me God.”

(2) The oath aforesaid shall be administered by the Chief Justice of _____ or the person for the time being appointed to exercise the functions of that office.

(3) Instead of taking an oath, the President may, if he thinks fit, make an affirmation which shall be in the like form with the substitution of “affirm” for “swear”, and the omission of the final sentence.

(4) A person elected to be President shall be sworn into office, in accordance with subsection (1), within thirty days of being elected.

(5) The President shall hold office until such time as his successor is sworn in.

6. The President shall hold office for a period of five years from the date upon which he takes the oath prescribed in section six, and shall, on the termination of his period of office, be eligible for re-election:

Provided that a President who has held office for two terms shall not be eligible for re-election for a third term of office.

7. There shall be for the Federation a Vice-President.

8. (1) In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

9. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.

(2) If the office of President —
(a) becomes vacant in circumstances in which there is no Vice-President; or
(b) is vacant whilst the Vice-President is absent from _____ or is, by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section two of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

(3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to dissolve Parliament.

10. (1) Whenever the President is absent from _____ or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President.

(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to dissolve Parliament.

(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

(5) For the purposes of this section, a certificate of the Chief Justice that —
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.

10. (1) The President or Vice-President shall be removed from office where the President or Vice-President, as the case may be, has been indicted and convicted by impeachment.

(2) The procedure for impeachment shall be as laid down by the Standing Orders of Parliament, provided that they are in full accord with the principles of natural justice and that —
(a) indictment and conviction by impeachment shall only be on the grounds of serious violation of the Constitution or serious breach of the written laws of the Republic that either occurred or came to light during the term of office of the President or the Vice-President;
(b) indictment on impeachment shall require the affirmative vote of two-thirds of the members of the House of Representatives in a committee of the whole house;
(c) conviction on impeachment shall require the affirmative vote of two-thirds of the members of both Chambers;
(d) conviction in cases of impeachment shall cause the removal, and disqualification from future office, of the office holder; and
(e) conviction by way of impeachment shall not act as a bar to legal proceedings.

11. The President and Vice-President shall receive such salary or allowance as may, from time to time, be determined by an Act of Parliament and shall have such adequate number of residences and personal staff, at State expense, as an Act of Parliament may prescribe.

PART II — Executive Government

12. (1) The executive power of _____ shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

13. (1) There shall be a Public Seal of _____, showing the coat of arms of the Republic with the circumscription “Republic of _____”.

(2) The Public Seal shall be kept by the President and used for sealing all things whatsoever that shall pass the Public Seal of _____.

14. (1) A decision by the President under the authority of this Constitution or of any other legislation shall be expressed in writing under his signature, and every instrument signed by him shall be countersigned by a Minister.

(2) The signature of the President on any instrument shall be confirmed as provided in section thirteen.

15. (1) As the Head of State, the President shall uphold, protect and defend the Constitution as the Supreme Law, and shall perform with dignity and leadership all acts necessary, expedient, reasonably and incidental to the discharge of the executive functions of the Government, subject to the overriding terms of this Constitution and the laws of _____, which he is constitutionally obliged to protect, to administer and to execute.

(2) In accordance with the responsibility of the executive branch of Government to the legislative branch, the President and the Cabinet shall each year during the consideration of the official budget attend Parliament. During such session the President shall address Parliament on the state of the nation and on the future policies of the Government, shall report on the policies of the previous year and shall be available to respond to questions.

(3) Without derogating from the generality of the functions and powers contemplated by subsection (1), the President shall have the power, subject to this Constitution to —
(a) dissolve the House of Representatives by Proclamation in the circumstances provided for in section _____;
(b) determine the times for the holding of special sessions of the House of Representatives, and to prorogue such sessions;
(c) accredit, receive and recognize ambassadors, and to appoint ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers;
(d) establish and dissolve such Government departments and ministries as the President may at any time consider to be necessary or expedient for the good government of _____;
(e) confer honors and precedence on citizens, residents and friends of _____ in consultation with interested and relevant persons and institutions;
(f) appoint commissions of inquiry;
(g) appoint the following persons —
(aa) the Prime Minister;
(bb) Ministers and Deputy Ministers;
(cc) any other person or persons who are required by any other provision of this Constitution or any other law to be appointed by the President.

(4) The President shall also have the power, subject to this Constitution, to appoint on the recommendation of the Cabinet —
(a) the Attorney-General;
(b) the Chief Justice and other Judges of the Supreme Court;
(c) the Ombudsman;
(d) the Proecutor-General; and
(e) the Auditor-General.

(5) Appointments under subsection (4) shall be subject to the approval of the Senate.

16. (1) The President, in his capacity as Commander-in-Chief of the Armed Forces of the Federation, may, subject to such conditions as may be prescribed by or under any law —
(a) mobilize and call out the Armed Forces or any part thereof for operational purposes or otherwise for the maintenance of law and order, the preservation of the peace, the protection of life, health or property or the provision or continuance of essential services; and
(b) confer commissioned ranks in the Armed Forces on any person serving or qualified to serve therein and give to such person a commission under his hand.

(2) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the Armed Forces any of the powers mentioned in subsection (1) of this section.

17. The President may —
(a) grant to any person convicted of any offense a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.

18. (1) If, at any time, the President considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes” or “No”.

(2) An Act of Parliament may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.

19. (1) The President may make treaties, conventions, agreements or other arrangements between _____ and any other country, international organization or body in respect of any matter.

(2) Parliament shall make laws to govern adoption of treaties, agreements or other arrangements mentioned above.

20. The President may, with approval of Parliament, declare that a state of war exists between _____ and any other country.

21. (1) The President may, in consultation with Cabinet, by Proclamation published in the Gazette, declare that a state of emergency exists in _____ or any part of _____ if he is satisfied that circumstances exist in _____ or that part of _____ —
(a) in which _____ or that part of it is threatened by war or external attack;
(b) in which security or economic life of the country or that part is threatened by internal conflicts or natural disaster; or
(c) which make it necessary to take measures which are required to secure public safety, defense of Uganda and maintenance of public order and services essential to the life of the community.

(2) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect:
(a) in the case of a declaration made when the House of Representatives is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;
(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;
unless, before the expiration of that period, the decision is approved by a resolution passed by the House of Representatives:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution passed by the House of Representatives.

(3) Where a declaration in terms of subsection (1):
(a) is not approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), the President shall forthwith after the Parliament has considered the resolution and failed to approve it or, if the House of Representatives has not considered the resolution, on the expiration of the appropriate period specified in subsection (2), by proclamation published in the Gazette, revoke such declaration;
(b) is approved by a resolution passed by the House of Representatives in pursuance of the provisions of subsection (2), such declaration shall, subject to the provisions of subsections (4) and (5), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the House of Representatives has in the resolution in pursuance of the provisions of subsection (2) specified that such declaration shall continue in force for a period of less than twelve months, the President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (4), be revoked at the expiration of the period specified in the resolution.

(4) If the House of Representatives resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(5) The House of Representatives may at any time resolve that a declaration in force under this section should be revoked and the President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(6) A declaration in terms of this section may be continued in force in terms of this section notwithstanding that such declaration has previously been continued in force in terms of this section.

(7) For the purposes of this section the House of Representatives shall be regarded as meeting for the transaction of business during a period —
(a) beginning on the day the House of Representatives first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;
(b) ending on the day the House of Representatives next adjourns in pursuance of a resolution the purpose of which is that the House of Representatives shall stand adjourned for more than thirty days or on the day the House of Representatives is dissolved or prorogued, whichever is the sooner.

PART III — The Cabinet

20. (1) There shall be a Cabinet which shall consist of the President, the Vice-President, the Prime Minister, the Ministers, and the Attorney-General.

(2) The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

(3) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, the Prime Minister or other Minister designated for this purpose by the President.

(4) The Cabinet may act notwithstanding any vacancy in its membership.

21. There shall be a Secretary to the Cabinet who shall be appointed by the President and whose office shall be public office and who shall —
(a) have charge of the Cabinet office;
(b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes of the Cabinet;
(c) convey the decisions of the Cabinet to the appropriate persons or authorities; and
(d) have such other functions as the Cabinet may direct.

22. The Vice-President shall be the principal assistant of the President in the discharge of his executive functions and shall be responsible, under the directions of the President, for such business of the government of _____ (including the administration of any department of Government) as the President may assign to him.

12. (1) There shall be a Cabinet which shall consist of the President, the Vice-President, the Prime Minister, the Ministers, and the Attorney-General.

(2) The Cabinet shall exercise the powers and functions assigned to it by this Constitution or an Act of Parliament and shall be responsible for advising the President with respect to the policies of the Government and with respect to such other matters as may be referred to it by the President.

(3) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Minister as the President may designate.

(4) The Cabinet may act notwithstanding any vacancy in its membership.

13. There shall be a Secretary to the Cabinet who shall be appointed by the President and whose office shall be public office and who shall —
(a) have charge of the Cabinet office;
(b) be responsible, subject to the directions of the Cabinet, for arranging the business, and keeping the minutes of the Cabinet;
(c) convey the decisions of the Cabinet to the appropriate persons or authorities; and
(d) have such other functions as the Cabinet may direct.

14. (1) There shall be a Prime Minister who shall be appointed by the President in accordance with the provisions of this section.

(2) The President shall appoint as Prime Minister a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of the House:

Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Representatives immediately before the dissolution may be appointed to the office of Prime Minister.

(3) The Prime Minister shall be accountable to the President and shall, under the general direction of the President —
(a) be the Leader of Government business in Parliament;
(b) co-ordinate the work of the Cabinet;
(c) perform or cause to be performed such other duties as the President may direct; and
(d) perform such other functions as are conferred by this Constitution and any other functions as the President may assign.

(4) In the absence of the Prime Minister, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the President in that behalf.

15. (1) There shall be Ministers who shall be appointed by the President from the members of the House of Representatives and who shall exercise such powers and functions, including the running of Government departments, as may be prescribed by the President subject to this Constitution.

(2) Every Government department shall be under the supervision of a Principal Secretary who shall be under the direction of a Minister, and whose office shall be a public office.

16. Appointments under this Part shall be made by the President by instrument under the Public Seal.

17. (1) The office of the Prime Minister or Minister shall become vacant —
(a) if the President so directs;
(b) if the holder of the office dies or resigns from office; or
(c) when the next person appointed to that office assumes office.

(2) The President shall be obliged to terminate the appointment of any member of the Cabinet, if the National Assembly by a majority of all its members resolves that it has no confidence in that member.

CHAPTER — The Legislature

(1) The Legislature shall have power to make laws, to be entitled “Acts”, for the peace, order, and good government of the Federation with respect to —
(i) Accounts of the Government of the Federation, and of offices, courts, and authorities thereof, including audit of those accounts;
(ii) Aviation, including airports, safety of aircraft and carriage of passengers and goods by air;
(iii) Awards of national titles of honor, decorations and other dignities;
(iv) Bankruptcy and insolvency;
(v) Borrowing money on the public credit of the Federation;
(vi) Census and statistics;
(vii) Citizenship, naturalization and aliens;
(viii) Copyright;
(ix) Creation of States;
(x) Currency, coinage and legal tender;
(xi) Customs and excise duties;
(xii) Defense;
(xiii) Deportation of persons who are not citizens of _____;
(xiv) Diplomatic, consular and trade representation;
(xv) Exchange control;
(xvi) Export duties;
(xvii) External affairs;
(xviii) Extradition;
(xix) Fisheries in _____ waters beyond territorial limits;
(xx) Foreign corporations, and trading or financial corporations formed within the limits of the Federation;
(xxi) Immigration into and emigration from _____;
(xxii) Legal proceedings between Governments of States or between the Government of the Federation and Government of any State or any other authority or person;
(xxiii) Maritime shipping and navigation;
(xxiv) Military (Army, Navy and Air Force) including any other branch of the armed forces of the Federation;
(xxv) Mines and minerals, including oil fields, oil mining, geological surveys and natural gas;
(xxvi) Nuclear energy;
(xxvii) Passports and visas;
(xxviii) Patents, trade marks, trade or business names, industrial designs and merchandise marks;
(xxix) Pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation;
(xxx) Posts, telegraphs and telephones;
(xxxi) Public debt of the Federation;
(xxxii) Public relations of the Federation;
(xxxiii) Public service of the Federation including the settlement of disputes between the Federation and officers of such service;
(xxxiv) Quarantine;
(xxxv) Railways;
(xxxvi) Trade and commerce between _____ and other countries;
(xxxvii) Weights and measures;
(xxxviii) Any other matter with respect to which the Legislature has power to make laws in accordance with the provisions of this Constitution.

(2) The Legislature shall further have the power and function, subject to this Constitution —
(a) to approve budgets for the effective government and administration of the country;
(b) to provide for revenue and taxation;
(c) to agree to the ratification of or accession to international agreements which have been negotiated and signed in terms of section _____;
(d) to receive reports on the activities of the Executive, and from time to time to require any senior official to appear before any of the committees of the Legislature to account for and explain his acts and programs;
(e) to debate and to advise the President in regard to any matters which by this Constitution the President is authorized to deal with; and
(f) generally to exercise any other functions and powers assigned to it by this Constitution or any other law and any other functions incidental thereto.