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  . Kampala, Uganda.

The Constitutional Review

  Legal Notices
LEGAL NOTICES
SUPPLEMENT No.1
9th February, 2001.
LEGAL NOTICES SUPPLEMENT
to the Uganda gazette No.9 Volume XCIII dated 9th February, 2001 Printed by UPPC, Entebbe, by Order of the Government

Legal Notice No.1 of 2001.
THE COMMISSIONS OF INQUIRY ACT
(Cap.56)

Commission of Inquiry (Constitutional Review) Notice, 2001.
(Under section 2 of the Commissions of Inquiry act, cap.56)
IN EXERCISE of the powers conferred upon the Minister by section 2 of the Commissions of Inquiry Act, this Notice is issued this 7th day of February, 2001.

  1. This Notice may be cited as the Commission of Inquiry (Constitutional review) Notice, 2001.
  2. There is established a commission of Inquiry into the matters set out in paragraph 4 of this Notice.
  3. The Commission shall consist of the following persons -
(a) Prof. Fredrick Edward Sempebwa - Chairperson
(b) Dr. Joseph Byamugisha - Vice Chairperson
(c) Mr. John Ateker Ejalu - Member
(d) Mr. Idi Osman Rizgala - Member
(e) Mr. Richard A. Todwong - Member
(f) Ms Christine P. Kania - Member
(g) Ms Algresia Akwi Ogojo - Member
(h) Ms Zam Zam Nagujja Kasujja - Member
(i) Prof. Asavia Wandira - Member
(j) Mr. Sam F. Owori - Member
(k) Prof. E.F. Byarugaba - Member
(l) Prof. Matiya Semakula Kiwanuka - Member
(m) Hon. Benedict Mutyaba - Member
(n) Mr. Justin A. Olwedo Okot - Member
(o) Mr. Yusuf Kagumire - Member


(2) Dr. Higiro Semajege and Ms Sarah Timarwa, Senior State Attorney shall be Secretary and Assistant Secretary to the Commission respectively.

(3) Mr. John Mary Mugisha and Ms Angela Kiryabwire, Senior State Attorney shall be Lead Counsel and assistant Lead Counsel to the Commission respectively.

(4) The Commission shall, at any time be deemed to be duly constituted if any five of the members are present including the Chairperson. 4.   The terms of reference of the Commission shall be the following -

(a) to examine the consistency and compatibility of the constitutional provisions relating to the sovereignty of the people, political systems, democracy and good governance and make recommendations as to how best to ensure that the country is governed in accordance with the will of the people at all times;

(b) having regard to the need for effective and democratic governance of the country, to review the provisions relating to executive authority and its obligations on the one hand and the powers of Parliament on the other, and to make recommendations to the necessity or otherwise of conferring powers on the President to dissolve Parliament and thereby appeal to the people by way of general election or referendum if the Executive Authority and Parliament are deadlocked and cannot agree on a matter of fundamental executive or legislative importance;

(c) to review the system of decentralisation of government and consider:

   (i)   whether Federalism should be introduced, where required; and

   (ii)   to recommend measures to make the system more efficient, having regard to the extensive powers and services devolved on the local government units and the human and financial resources available and the procedure for removal of elected local government leaders from office.

(d)to review the separation of powers among the Executive, Parliament and the Judiciary and recommend changes to improve functional effectiveness and accountability of the three arms of Government;

(e) to review the composition, powers and privileges of Parliament and recommend an affordable but efficient and strong Parliament, bearing in mind the need for the effective representation of the people;

(f) to review the qualifications and disqualifications of members of Parliament and of the Parliament and of the President and in particular article 80 (1) (c) which requires a minimum formal education of Advanced Level Standard or its equivalent and article 102 (c ) and make appropriate recommendations; (g) to examine the operation of article 88 (Quorum of Parliament) in the light of the experience of Parliament since the coming into force of the 1995 Constitution and make recommendations as to whether or not the Quorum should be reduced;

(h) to examine the electoral system with a view to recommending whether Presidential and Parliamentary elections should be held at the same time and whether local government elections should be conducted by lining up of supporters behind candidates;

(i) to consider and recommend measures intended to improve the access to and efficiency of the courts and in particular, the desirability of establishing a unified judicial service by transferring administrative and support staff from the Public Service Commission to the Judicial Service Commission;

(j) to review the relationship between the Inspector General of Government and the other institutions or organs designed to make the Government and public institutions transparent and accountable and recommend improvements in their efficiency and effectiveness and co-ordination;

(k) to review the constitutional bodies and assess their desirability and affordability and to delineate their functions and powers in order to reduce duplication and conflict;

(l) to re-examine the provisions relating to the acquisition and loss of citizenship and recommend whether dual citizenship should be allowed, particularly with regard to Ugandans living in the Diaspora;

(m) to review article 162(2) relating to the functional independence of the Bank of Uganda, visa-a-vis particularly the Ministry of Finance and make recommendations;

(n) to review aspects of land relating to the necessity for Government to acquire land for public purposes or use and the desirability and affordability of the various land management and dispute resolution mechanisms;

(o) to review the role and funding of traditional or cultural institutions and make appropriate recommendations;

(p) to review the provisions relating to the rights of children and young people and propose comprehensive and effective measures to protect children and young people against violence and abuse;

(q) o consider and recommend whether Uganda is ready to adopt a national or second official language;

(r) to review the Bill of Rights and consider, in particular, whether the death penalty should be abolished or whether the age of minority should be increased form 16 to 18 for purposes of employment;

(s) to consider and propose a programme and modalities for efficient, effective and expeditious implementation of the Constitution;

(t) generally to consider any other matters significantly relevant to the Constitution for good governance, the rule of law and affordability by the country of the implementation of the Constitution and make relevant recommendations.

5.   (1) The Commission shall submit a report of its findings and recommendations under paragraph 4 to the Minister responsible for justice and constitutional affairs within eighteen months after commencing its duties.

    (2) The Commission may, at any time before the completion of its final report, submit to the Minister an interim report on any matter within its terms of reference.


J.S. MAYANJA-NKANGI,
Minister of Justice and Constitutional Affairs.

LEGAL NOTICES
SUPPLEMENT No.2
23rd February, 2001.
LEGAL NOTICES SUPPLEMENT
to the Uganda gazette No.12 Volume XCIII dated 23rd February. 2001 Printed by UPPC, Entebbe, by order of the Government.

Legal Notice No.3 of 2001.
The Commission of Inquiry (Constitutional Review)
(Amendment) Notice, 2001.


(Under section 2 of the Commissions of Inquiry Act, Cap. 56)

IN EXERCISE of the powers conferred on the Minister by section 2 of the Commissions of Inquiry Act, this Notice is issued this 23rd of February, 2001.

  1. This Notice may be cited as the Commission of Inquiry (Constitutional Review) (amendment) Notice, 2001.
  2. The Commission of Inquiry (Constitutional Review) Notice, 2001 is amended (a) in paragraph 3, by substituting for subparagraph (4) the following -

    "(4) The Commission shall at any time be deemed to be duly constituted if any five members are present, including the Chairperson or in the absence of the Chairperson, the vice Chairperson;" and

    (b) by substituting for paragraph 4 (h) the following;

    "(h) to examine the electoral system with a view to recommending whether Presidential and Parliamentary elections should be held at the same time and whether local government elections should be conducted by lining up of supporters behind candidates;"


    J.S. MAYANJA-NKANGI,
    Minister of Justice and Constitutional Affairs.

Legal Notices

Commision members
Terms of Reference
Decentralization & 'Federo'
Supplement 2

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