President Yoweri Museveni has signed into law the Uganda Peoples’ Defence Forces (Amendment) Act, 2025, which was passed by Parliament on May 20, 2025. The Bill introduces significant reforms to the military justice system, restructures health services for armed forces personnel, and streamlines veterans’ affairs.
Key Provisions of the Amendment
The amendment establishes a Directorate of Military Prosecutions to professionalize the process and protects against premature execution of a death sentence until it is confirmed by the Supreme Court. It also sets out a clear appeals process for courts martial decisions, from Unit Court Martial to the Supreme Court.
Civilians to be Tried in Military Courts under Specific Circumstances
The Bill targets civilians who engage in military-related offences, such as acquiring arms or equipment used for violence, masquerading as militants, or committing offences in collaboration with military personnel. Minister of Defence and Veteran Affairs, Hon. Jacob Oboth, emphasized that the law is not intended to arbitrarily subject civilians to military courts.
Parliamentary Committee’s Recommendations
The joint committee that reviewed the Bill recommended that the trial of civilians by military courts should occur only in exceptional circumstances, ensuring a fair trial is guaranteed. The committee also proposed increased civilian oversight and the administration of judicial oaths to ensure the independence and transparency of military courts.
Concerns Raised by the Committee
The committee raised concerns about the vagueness of the roles and mandate of the Military Courts Department, which could lead to gaps in oversight and accountability. They also noted that the overlap of judicial and prosecutorial roles could be a violation of natural justice.
Opposition’s Concerns
Despite a walk-out by several members of the Opposition, a minority report authored by Hon. Moses Okot (FDC, Kioga County) criticized the Bill as unconstitutional and contrary to the Supreme Court’s judgment.
Background
The Bill responds to the Supreme Court’s decision in Attorney General vs. Hon. Michael A. Kabaziguruka, Constitutional Appeal No. 2 of 2021, which found that the trial of civilians in military courts under the current UPDF Act was unconstitutional. The amendment aims to address this issue and ensure that the military justice system is fair, transparent, and accountable.