By A heated debate erupted in Parliament on Thursday 17th April following a government statement on the implementation of the Supreme Court’s ruling regarding the trial of civilians in military courts, with the Leader of the Opposition (LOP) accusing the government of attempting to undermine judicial authority.
Justice and Constitutional Affairs Minister Norbert Mao presented a comprehensive update detailing the government’s ongoing efforts to align the Uganda Peoples’ Defence Forces (UPDF) Act with the 2025 Supreme Court decision in the Attorney General vs. Michael Kabaziguruka case, which ruled against trying civilians in military courts.
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According to the minister’s statement, the UPDF (Amendment) Bill, 2025 has been revised by the Directorate of the First Parliamentary Counsel and submitted to the Ministry of Defence and Veteran Affairs for review. This new version replaces the previously withdrawn 2024 Bill and seeks to address constitutional concerns raised by the Supreme Court, especially the question of which individuals fall under military jurisdiction and the structure of courts martial.
The revised Bill considers exceptions where civilians may be subject to military law, the monopoly of the UPDF over arms and ammunition, and the procedures for appealing from courts martial to civilian courts.
Minister Mao also outlined progress on the directive issued by the Attorney General earlier this year, which required the General Court Martial and the Uganda Prisons Authority to submit a list of all civilians and soldiers being prosecuted under military law. As of February 2025, 423 such cases have been submitted by the Prisons Authority, and 45 have been forwarded to the Office of the Director of Public Prosecutions (ODPP).
However, the statement drew immediate criticism from LOP Joel Ssenyonyi, who said it violated Article 92 of the Constitution, which prohibits Parliament from enacting laws intended to overturn court decisions. Ssenyonyi argued that the statement lacked legal weight and failed to demonstrate tangible compliance with the Supreme Court ruling.
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“It is not enough to issue statements that merely describe intentions, what we want to hear is that the cases are transferred to civilian courts and that is not captured by his statement. The Constitution forbids laws that reverse court judgments. We need actual legislative and administrative compliance with the ruling,” Ssenyonyi said.
In response, Minister Mao defended his statement insisting that those still held under military jurisdiction are suspects awaiting trial. “Some people speak as if everyone in Uganda is in jail. These are suspects, and investigations are ongoing. We are being thorough, not slow,” Mao stated.
Deputy Speaker of Parliament, Thomas Tayebwa, who presided over the sitting, sided with concerns about the sufficiency of the minister’s statement. He asked Mao to revise and resubmit a more detailed and constitutionally sound update. The session was then adjourned sine die without a scheduled date for resumption.
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