By Our Reporter
Parliament on Tuesday, 13 May 2025 received the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, which among other proposals seeks to empower military courts to try civilians under certain circumstances.
The Bill, presented for its First Reading by Hon. Jacob Oboth, the Minister of Defence and Veteran Affairs, was referred to the joint Committee on Legal and Parliamentary Affairs and the Committee on Defence and Internal Affairs for scrutiny.
Speaker Anita Among, who presided over the sitting, urged the committees to process the Bill before the end of the fourth session. The chairperson of the legal committee is expected to take the lead on the matter.
The draft Bill states that it seeks “to provide for the restructuring and re-establishment of the courts martial in the Defence Forces in accordance with Article 129(1)(d) of the Constitution and to prescribe their jurisdiction; to provide for appeals from the courts martial; and to provide for the exceptional circumstances under which civilians may be subject to military law and to prescribe the offences for which civilians may be tried by the courts martial.”
It further proposes the establishment of a Military Courts Department within the defence forces to handle administration of military justice and a disciplinary unit responsible for the conduct of personnel serving in those courts.
On the controversial subject of civilians being subjected to military courts, the Bill proposes “to prescribe exceptional circumstances under which civilians may be tried by the courts martial.”
Although the Bill does not spell out all offences in its introductory provisions, it indicates that civilians would only fall under military jurisdiction when their alleged offences are “in support of or in association with person’s subject to military law.”
The Bill also seeks to align the structure of the defence forces with new government policies and administrative frameworks, establish new services including the Special Force Command and Reserve Force, and provide for the decentralisation of pension management from the Ministry of Public Service to the Ministry of Defence and Veteran Affairs.
It introduces provisions for the welfare and healthcare of officers and militants, including a dedicated Health Care Service and Medical Board, and addresses disability compensation, including support for personnel suffering from Post-Traumatic Stress Disorder.
The Bill further outlines the qualifications and independence of presiding officers of military courts, repeals the Uganda Veterans Assistance Board Act, and places arms and classified stores under the exclusive control of the defence forces.
The Memorandum of the Bill states that the proposals are aimed at aligning the Uganda Peoples’ Defence Forces Act with evolving government policies, recent judicial pronouncements; notably the Supreme Court ruling in Attorney General Vs Hon. Michael Kabaziguruka; and administrative changes within the military structure.
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