UPDF Amendment Bill tabled in Parliament

14th May 2025

The Bill aims to “restructure and re-establish the courts martial of the Defence Forces in accordance with Article 129(1)(d) of the Constitution, prescribe their jurisdiction, and outline the circumstances under which civilians may be subject to military law."

Erute South MP Jonathan Odur (Left) during the committee meeting. (Photo by Miriam Namutebi)
By John Odyek and Dedan Kimathi
Journalists @New Vision
#UPDF #Amendment #Bill #Parliament
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Parliament on Tuesday, May 13, 2025, received the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, which proposes significant reforms to military law—including a contentious provision allowing military courts to try civilians under specific circumstances.

The Bill, presented for its First Reading by the defence and veteran affairs minister Jacob Oboth Oboth, was referred to a joint review by the committee on legal and Parliamentary affairs and the committee on defence and internal Affairs. On Wednesday, May 14, 2025, public hearings on the Bill commenced.

Presiding over the Tuesday sitting, Speaker Anita Among urged the committees to conclude their scrutiny of the Bill before the end of the Fourth Session of Parliament. The Legal and Parliamentary Affairs Committee will take the lead in processing the legislation.

According to its preamble, the Bill aims to “restructure and re-establish the courts martial of the Defence Forces in accordance with Article 129(1)(d) of the Constitution, prescribe their jurisdiction, and outline the circumstances under which civilians may be subject to military law.” It also provides for an appeal process for court-martial decisions.

A key proposal in the Bill is the creation of a Military Courts Department within the defence forces, tasked with administering military justice and overseeing the discipline of court personnel.

On the issue of trying civilians in military courts, the Bill proposes such trials only in “exceptional circumstances,” specifically where civilians are alleged to have committed offences “in support of or in association with persons subject to military law.” However, it does not explicitly define which offences would apply.

Beyond judicial reforms, the Bill seeks to align the structure of the UPDF with emerging government policies and military administrative changes. It proposes the formal establishment of new services, including the Special Forces Command and the Reserve Force, and the transfer of pension management from the Ministry of Public Service to the Ministry of Defence and Veteran Affairs.

Other reforms include the introduction of a dedicated Health Care Service and Medical Board to improve the welfare of officers and militants, especially in handling disability compensation and support for conditions such as Post-Traumatic Stress Disorder (PTSD).

The Bill outlines standards for the independence and qualifications of presiding officers in military courts, repeals the Uganda Veterans Assistance Board Act, and places arms and classified stores under the exclusive control of the defence forces.

The Bill’s memorandum states that the amendments are designed to align the UPDF Act with evolving government policy, recent judicial rulings, most notably the Supreme Court’s decision in Attorney General vs Hon. Michael Kabaziguruka and structural reforms within the military.

The UPDF Act was enacted in 2005, and since then, the defence sector has undergone changes administratively and operationally. The Bill aims to establish the Joint Military Command and the Service Command and Staff Committee as key administrative structures within the defence forces. It outlines provisions for disability compensation, healthcare for military personnel, and the management of pensions and military veterans. Additionally, the Bill addresses the awarding of service medals to deserving members of the defence forces.

What the Bill aims to change;

  • Streamlining the structure and organisation of the defence forces.
  • Establishing a Health Care Service and a Medical Board for the defence forces.
  • Defining terms such as service offence, court martial, military court, and Reserve Force.
  • Restructuring the court martial in line with the Constitution and setting its jurisdiction.
  • Outlining the qualifications for chairpersons of the court martial and ensuring their independence.
  • Allowing for appeals from court-martial decisions.
  • Defining the exceptional situations where civilians may be tried by military courts and specifying which offences are subject to military law.
  • Creating a Military Courts Department and a disciplinary unit within the defence forces.
  • Specifying the arms, ammunition, and classified stores exclusive to the defence forces.
  • Improving the defence forces.
  • Aligning the law with new government policies and updated military structures.
  • Improving the welfare of officers and personnel, including better healthcare for military members.
  • Enhancing the management of military veterans and decentralising pension management to the Ministry of Defence and Veteran Affairs.
  • Increasing disability compensation for officers injured on duty, and addressing issues like Post-Traumatic Stress Disorder (PTSD).
  • Restructuring and reestablishing military courts in line with the Constitution, including setting up clear qualifications for presiding officers and ensuring court independence.
  • Allowing appeals from military court decisions.
  • Defining exceptional cases where civilians can be tried by military courts.
  • Establishing a Military Courts Department to oversee justice in the defence forces.
  • Setting up a disciplinary unit within the defence forces to maintain order in military courts.
  • Specifying the arms, ammunition, and classified materials exclusive to the defence forces.

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