It was both an atmosphere of tension, anxiety and drama in Parliament as the controversial UPDF (Amendment) Bill, 2025 was being tabled, paving way for a process to empower the Military Courts to resume trials of civilians following the landmark Supreme Court ruling early this year which declared the practice unconstitutional.
On January 31, 2025, the Uganda Supreme Court ruled that military courts lack jurisdiction to try civilians, making the practice unconstitutional. This ruling followed a constitutional appeal where the court declared sections of the UPDF Act unconstitutional. But Government through the Attorney General vowed to re-introduce the Bill for amendment despite public condemnation.
Today was D-Day and the Minister for Defense and Veteran Affairs, Hon Jacob Marksons Oboth was in Parliament to present the amendments in the Bill for the first reading. But it was not going to be an easy job as anxiety in the house was imminent and the members both on the ruling side and the opposition looked visibly unsettled.
The Bill reading was item number 3(ii) on the order paper and when the Speaker called it, there was a slight hesitation and consultations amongst ministers on the front bench until the State Minister for Trade and Industry, Hon David Bahati rose and approached the table microphone -despite the Speaker’s pronouncement that the Minister for Defense is present and he is the one to lay the Bill;
“Ah, madam speaker and honorable colleagues, I beg to lay the Bill entitled Uganda People’s Defense Forces Amendment Bill 2025 for the first reading.” David Bahati said and walked back to his seat leaving the document on the table. He did this without mentioning the accompanying documents which include the Certificate of Financial implications as per the house rules. His actions attracted immediate responses from the opposition side.
“Order order!! The minister of trade has laid a copy of what? That’s not the correct procedure for the bill’s first reading!” The Leader of Opposition, Hon Joel Ssenyonyi, stated challenging the procedure for tabling the UPDF Amendment Bill and throwing a barb at Prime Minister, Hon Robihah Nabbanja, who he accused for failure to organize her cabinet ministers prior to the presentation of Bills in Parliament.
Earlier, Joel Ssenyonyi rose to inquire from the speaker about a late communication that the house rules had been amended but members had not been served the the amended copy of the rules.
At this point the State Minister for Defense, Hajat Oleru Huda, approached the table in an attempt to correct the mistake but it was too late. She was booed and She ended up addressing the speaker Anita Among as “Mr Speaker”. Rt. Hon Anita Among was at this time fighting to restrain a number of opposition members who were on their feet calling the ministers on order.
She summoned the senior Defense minister, Hon Marksons Oboth Oboth, to the floor and directed him to start afresh the process of presenting the Bill amidst the heckling and booing from the legislators who seemed unconvinced that all was going on well. The Speaker was heard trying to silence Hon Bakireke Nambooze (Mukono Municipality) and others when they openly expressed their displeasure on how business was being conducted in the house.
“Rt Hon speaker and members, in accordance with Rule 134 of the rules of procedure, I beg to lay on table the UPDF Amendment Bill 2025 as well as the certificate of financial implication in accordance to section 164 of the Public Finance Management Act 2015” Minister Oboth Oboth stated laying the copies of documents on table.
According to a draft copy, the principle behind the amendments is to amend the Uganda Peoples’ Defence Forces Act, Cap. 330 to streamline the composition of the organs and structures of the Defence Forces; to establish a Health Care Service for the members of the Defence Forces; to establish the Medical Board; to provide for the definition of service offence, court martial, military court and Reserve Force; 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 the membership and the qualifications of the Chairpersons for the courts martial and for the independence of the courts martial; to provide for appeals from the courts martial; 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; to provide for the establishment of a Military Courts Department within the Defence Forces; to provide for the establishment of a disciplinary unit within the Defence Forces which shall be responsible for the discipline of the members of the Military Courts Department; to prescribe the arms and ammunition which are the monopoly of the Defence Forces and the classified stores of the army.
Speaker Among later referred the UPDF Amendment Bill to the committee for processing but also directed that it will be handled jointly by both the Defense & Internal Affairs Committee and the Legal & Parliamentary Committee. According to Among, the joint committee will be headed by the Chairman of Parliamentary Legal Affairs Committee deputized by the Chairman of Defense Committee.
She also instructed the committees to ensure the Bill is processed before the end of the fourth session of Parliament.
