One MP from the ruling National Resistance Movement (NRM) described the parliamentary caucus as a “candid” meeting where “everyone who wanted” asked President Yoweri Museveni to explain the rationale behind the proposed amendment Bill of the Uganda People’s Defence (UPDF) Act.
During the Caucus meeting, sources told New Vision that Rukungiri Municipality MP Dr Elisa Rutahigwa asked whether the Bill was targeting Col. Dr Kizza Besigye.
“My People are concerned that these amendments were targeting Kizza Besigye. Is it true?” Rutahigwa reportedly asked Museveni.
Some MPs, the source added, were taken aback. However, Museveni encouraged him to continue with his remarks.
“What I am saying is that we need to be clear, and fellow members, this will help us guide the debate on this matter,” he added.
Rutahigwa reportedly told the President that on February 15, he narrowly escaped a beating from angry mourners in Rukungiri, who asked him to explain why Besigye was tried in the General Court Martial when the Supreme Court held that civilians should not be tried in military courts.
To allay his fears, sources said the President asked the Attorney General, Kiryowa Kiwanuka, to explain the rationale behind the proposed amendments to Rutahigwa, and by extension, to all NRM MPs that attended the February 21 party caucus meeting at State House, Entebbe.
In his lengthy explanation, Kiryowa reportedly explained that Besigye had already been taken to court, adding that the general commonwealth doctrine is that the law does not work retrospectively.
Earlier on the same day, February 21, Besigye, 68, was jointly charged with Capt. Denis Oola, 48, from the armoured brigade and Hajji Obeid Lutale, 65, and remanded to Luzira Prison until March 7.
They were charged with treason, contrary to section 23(1) (c) of the Penal Code Act.
President Museveni addressing NRM members at State House, Entebbe on February 21, 2025. PPU Photo
They also face an alternative charge of misprision of treason, contrary to section 25 of the same Act. Rutahigwa declined to comment on the NRM caucus developments.
Structural debate
According to the NRM party spokesperson, Emmanuel Dombo, the proposed amendments majorly tackled the composition, structure, jurisdiction, tenure and quorum of the General Court Martial.
After presenting the 81 amendments with a number of schedules to the Act, the caucus agreed to support the fresh amendments.
However, a source that attended the closed-door meeting said the MPs failed to agree on whether civilians who acquire the guns legally, but misuse them, should also be tried by the Court Martial or civilian courts.
Sources said Kiwanuka reportedly proposed that such individuals should be tried in the civilian court. The MPs, however, insisted that they should all be tried by the General Court Martial.
However, the matter was reportedly left to the members to resolve in Parliament.
During the meeting, sources told New Vision that in his communication, the President first briefed the members on the genesis of the General Court Martial and why it was important that its functions should be maintained.
He reportedly told the MPs that there was a need to amend the UPDF Act simply because of historical and strategic reasons.
“The President informed us that when they were still in the bush, they were governed by guidelines which acted as laws.
When they came out of the bush and formed the NRM government, they agreed that some of the guidelines were good and should be included in the Constitution. He said this is how Article 75 of the Constitution which talks about the UPDF in Parliament, came about,” the source said.
The source added that during the infant days of the National Resistance Army (NRA) era, the President informed the members that they had what they called the legal notice No.1, which contained rules and regulations.
“Among others, the notice talked about the Code of Conduct of Army Officers and the Court Martial. The President told us that one time, an army officer shot and killed a civilian. When they sat in High Command, security minister Jim Muhwezi, a then young lawyer, tried to defend the army officer, saying it was because of alcohol that the soldier killed the civilian. But then, they all agreed that the soldier should be court martialed,” the source said.
The President reportedly informed the members that the Code of Conduct talked about how the military officers should deal with civilians.
“The President told us that the Code of Conduct barred military officers from abusing civilians and taking anything from the civilians by force. It stipulated that the army should pay for things with cash and never kill a person from the public, return things grabbed from civilians and offer medical help to civilians, among other things.
The President said this explains the historical purpose of the Court Martial and why it should be maintained,” the source said.
The President also reportedly told members that for strategic reasons, the Court Martial should be maintained because of its stance on the misuse of the guns, especially by the Karimojong rustlers, errant UPDF officers, the Lord’s Resistance Army (LRA) Joseph Kony group in northern Uganda and other criminal elements.
“The President said when they started the Court Martial and began taking those caught misusing guns to it, people stopped. The President expressed concern that if that function is removed, people may want to go back and misuse the gun,” the source said.
“The members argued that someone who acquires a gun without authority voluntarily subjects him/herself to the discipline of the military,” he said when asked about the Amendments.
After hours of deliberating on the proposed amendments, the caucus reportedly agreed to support the amendments, proposing stringent measures to empower the military courts to deal with, among others, civilians who misuse guns.
According to the Government Chief Whip, Denis Hamson Obua, who is also the Ajuri County MP, it was also resolved that any army officer who misuses a gun should be tried by the General Court Martial.