Court petitioned over soldiers’ appointment to civilian posts

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Makerere University School of Law principal Prof. Christopher Mbazira and other law experts have petitioned the Constitutional Court contesting the appointment of military officers to civilian positions.

Other petitioners are Sylvie Namwase (Makerere University lecturer), James Nkuubi (School of Law deputy principal), Paul Wasswa (human rights lawyer), Carol Kay Achak, Anthony Odur, and Grace Mark Tusubira.

They filed the petition against Attorney General Kiryowa Kiwanuka on October 24, 2024, through JByamukama and Company Advocates.

The petitioners argue that deploying army officers in civilian roles erodes and undermines the constitutional principle of civilian supremacy over the military.

The petitioners contend that Section 37 (2) of the UPDF Act, Cap 330, which permits the attachment or secondment of officers and militants to any department or agency of Government or a civilian body violates and is inconsistent with articles 208 (2) and 209 (b) of the Constitution to the extent that it unjustifiably expands and distorts the scope of co-operation between the defence forces and civilian authority

Article 208 (2) of the Constitution stipulates that the UPDF shall be nonpartisan, national in character, patriotic, professional, disciplined, productive and subordinate to the civilian authority, while 209 (b) states that the function of the UPDF is to co-operate with the civilian authority in emergencies and cases of natural disasters.

The petitioners claim that the head of state acting under the apparent authority of this provision and his presumed prerogative, has appointed armed forces personnel to civilian roles, contravening the principle of civilian supremacy.

Specifically, they argue that these appointments to the Uganda Police Force, ministries, departments, and agencies undermine the constitutional requirement that these positions be held by civilians.

The most prominent appointments include Maj. Tom Magambo (director, Criminal Investigations Directorate), Brig. Johnson Namanya Abaho (commissioner, passport control), Gen. Wilson Mbadhi (trade state minister), Gen. David Muhoozi (internal affairs state minister) and Brig. Gen. Christopher Ddamulira Sserunjongi (Director of Crime Intelligence Directorate, Uganda Police Force).

“These appointments distort the character and make-up of the Ugandan state which is civilian in orientation as opposed to a military state. It also disregards the country’s checkered political history that has been previous military governments that caused the highest level of political instability, misrule and wanton abuse of human rights," court documents read.

The petitioners contend that the scope of co-operation between the Armed Forces and civilian roles is limited to emergencies and cases of natural disaster. “None of the subsisting deployments was done in regard to this defined scope.”

In his affidavit, Mbazira contends that Section 37 (2)  of the UPDF Act , which permits the incorporation of members of the Armed Forces into positions of civil authority is unconstitutional.

“The army officers in civilian spaces are unlawfully and unconstitutionally deployed within the Ugandan government structures. As a result, these deployments harm democracy by distorting the role of the military and conflating it with that of positions of civilian authority,” he purports.

Mbazira contends that these deployments amount to militarisation of the Ugandan state in total disregard of the checkered history and best practices.

He says it was never the intention of the drafters of the Constitution to allow unfettered deployment of the members of the Armed Forces into positions of civilian authority.    

Prayers

The petitioners, therefore, seek an order nullifying and expunging Section 37 (2) from the UPDF Act, Cap 330.

They also want the court to issue an order, recalling from the Uganda Police Force and all government agencies all officers of the Defence Forces currently seconded or attached there.