Age limit constitutional judgment 2018, Study Guides, Projects, Research of Constitutional Law

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2017/2018

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TIIE REPUBLIC OT UGANDTT
THE CONSTITUTION (AMENDMENT) ACT, 2017.
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TIIE REPUBLIC OT UGANDTT

THE CONSTITUTION (AMENDMENT) ACT,^ 2017.

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LIBRARY

PARLIAMEPOBOXT KA MI)ALA

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UL

THE REPUBLIC OP UGANDA

I stcNtrv my assent to the bill

President

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CALL (^) NO

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Date of assent

Act C onstitution (^ Amendment^ ) Act^ 20t

TI{E REPUBLIC oF UGANDa

THE (^) CONSTTTUTION (AMENDMENT)^ ACT, 2017.

An Act to amend the Constitution of^ the Republic of^ Uganda^ in accordance with articles 259 and 262 of the^ Constitution; to provide (^) for the time within which to hold presidential,

parliamentary and local government^ council electionsl to^ provide

for the term^ of^ Parliament;^ to^ provide^ for eligibility^ requirements

for a person to be elected as President or District Chairpersonl to

increase the number of days within which to file and determine a

presidential election petition;^ to increase the number^ of^ days

within which the Electoral Commission is required to hold a fresh

election where a presidential^ election is^ annulled; to^ provide^ for limits on the tenure of the President; to provide transitional provisions (^) having regard to the amendments madeq and for

related matters.

DATS or Assexr:

Date of Commencement

Be rr ENncrno by Parliament as follows:

Panr I-ATaENDMENT oF CHAprEn FIve op THs^ CoNsrlrurtoN- REpRESENTATToN oF Tue People.

  1. Amendment of article^61 of the Constitution.

Article 61 of the Constitution is amended-

(a) (^) by sr-rbstituting for clause (2) the following-

PARLIAft/lEr-lT Ll

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Act Constitution (Amendment)^ Act^2017

"(2) The Electoral Commission shall hold presidential,

general parliamentary and local government^ council

elections within^ the^ first thirty^ days^ of^ the last^ one^ hundred

and twenty two days before the expiration of^ the term^ of President, Parliament^ or^ local^ govelxment^ council^ as^ the case may be."

(b) in clause (3), by deleting the word "presidential",^ appearing

immediately after the^ word^ "hold".

  1. Amendment of article^77 of the Constitution. Article ll of the Constitution is^ amended^ in^ clause^ (3)^ by^ substituting for the^ word^ "five"^ appearing^ immediately before the^ word^ "years" the word "seven".

Panr II-AMENDMENT^ or^ CHarT^ en SpvEx

OF THE CONSTITUTION-THE EXECUTIVC.

  1. Replacement of article 102 of the Constitution. For article^102 of^ the^ Constittttion,^ there^ is^ substituted^ the following-

uL02. Qualifications and disqualifications of the President.

(1) (^) A person is qualified for election as President if that person-

(a) (^) is a citizen of Uganda by birth;

(b) (^) is a registered voter; (^) and

(c) (^) has completed a minimum formal education of Advanced Level standard or its^ equivalent.

(2) A person is not qualified for election as President if that

person-

Act Constitution^ (Amendment)^ Act^2017 (6) Where an election is annulled, a fresh^ election^ shall^ be

held within^ sixty^ days^ from^ the^ date^ of^ the annulment."

  1. Amendment of^ article^105 of the Constitution.

Article 105 of the Constitution is amended-

(a) (^) by substituting for clause (2)^ the following-

"(2) (^) A person shall not hold office as President for more than two terms."

(b) by inserting immediately after clause (2)^ the^ following-

"(2a) A bill for an Act of Parliament seeking to amend

this clause and clause (2) of this article shall not be taken as passed unless-

(a) it is supported at the second and third^ reading in Parliament by not less than two thirds of^ all

Members of Parliament; and

(b) has been referred to a decision of the people^ and

approved by^ them^ in^ a^ referendllm."

Panr III-AMENDMENT or CHnrreR ElevBN op

THB CousrrruttoN-LocRl GovBRNMENT.

  1. Amendment of^ article^181 of the Constitution. Article 181 of the Constitution is^ amended^ in^ clause^ (4),^ by substituting for the word "five"^ appearing immediately before^ the word "years"^ the word^ "seven".
  2. Amendment of article 183 of the Constitution.

Article 183 of the Constitution is^ amended^ in^ clause^ (2) by^ repealing

paragraph (b).

;2 JAN ::: *

T I^ ItiftARY

*;PARL pt:^ I^ X^ r^ fi/lPA^ [.A

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ACC NO

Act Constitution^ (^ Amendment ) Act

Panr IV-AveNovexr oF CHAP"TER NINETEEN OF T}IE CONSTITUTION-TRANSITIONAL^ PROViSIONS

2017

  1. Replacement of^ article^289 of the Constitution.

Article 289 of the Constitution is amended by^ sr-rbstituting^ for^ article

289 the following-

"289. Term of^ current^ Parliament.

Notwithstanding anything^ in^ this^ Constitr-rtion,^ the^ term^ of^ the

Parliament in existence at the time this article comes into^ force,

shall expire^ after^ seven years^ of^ its^ first^ sitting^ after the^ general

elections."

  1. Insertion of new article 2894.

There is^ inserted,^ immediately^ after article^ 289,^ the^ following^ new

article-

"289A. Application of^ Clause 2^ of^ article^ 105.

Clause 2^ of article^105 shall^ come^ into^ effect upon dissolution^ of

the Parliament in existence at the commencement of^ this^ Act."

  1. Replacement of article 291of the Constitution.

Article 291 of the^ Constitution is^ amended^ by^ substituting^ for^ article

291 the following-

"291. Term of^ current^ local government^ councils.

For the^ avoidance^ of^ doubt, the^ term^ of^ seven years^ prescribed for local government councils by clause (4) of article 18 i^ of^ this Constitution shall apply^ to^ the term^ of^ the^ local^ government

councils in existence at the commencement of this^ Act."