Parliament will today afternoon consider amendments to the Uganda People’s Defence Forces (UPDF) Act through the UPDF (Amendment) Bill, 2025, to permit military courts to try civilians under specific circumstances, despite a Supreme Court ruling declaring such trials unconstitutional.
A key provision is the insertion of Clause 117A, which subjects civilians to military law in “exceptional circumstances,” such as unlawful possession of military equipment, arms, or ammunition typically exclusive to the defense forces, or aiding soldiers in committing crimes like treason, murder, or aggravated robbery.
The Bill aims to restructure military courts in accordance with Article 129(1)(d) of the Constitution, prescribing their jurisdiction and appeal processes, while defining “exceptional circumstances” for civilian trials.
It also proposes establishing a Military Courts Department to manage military justice administration and a disciplinary unit for court personnel conduct.
Additionally, the amendments seek to align the UPDF Act with new government policies, elevate the Special Force Command to an independent service, and address welfare issues like pension decentralization and healthcare for military personnel.
Critics ranging from opposition parties to human rights groups, argue these changes undermine the Supreme Court’s ruling and constitutional safeguards, potentially violating fair trial rights under Articles 28(1) and 44(c).
