Inside UPDF Bill tabled in Parliament

KAMPALA - The Government Tuesday, May 13, 2025, tabled before Parliament the long-anticipated Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025, which seeks to reform the military justice system and streamline the command structures of the UPDF. 

A copy of the Bill, which New Vision has seen, reveals wide-ranging proposals that include giving effect to recommendations by the Supreme Court concerning the trial of civilians in military courts, the restructuring of courts martial and clarifying their jurisdiction. 

The Bill was presented for first reading by the Minister of Defence and Veteran Affairs, Jacob Oboth-Oboth.

Civilians  

If enacted, the Bill will subject not only members of the Defence Forces, but also civilians found in unlawful possession of firearms or military equipment, to military law and trial by court martial. 

Specifically, the Bill states that a civilian will fall under military law if they are caught possessing arms, ammunition or equipment typically restricted to the defence forces. 

The law will also apply to civilians who aid or abet military personnel in committing grave offences such as murder, aggravated robbery, kidnap with intent to murder, treason or misprision of treason. 

Additionally, any civilian found wearing, selling or possessing UPDF uniforms without authorisation will also be liable under military law. 

Those who commit such offences will be treated as militants of the rank of private, unless they hold a revocable certifiate from a commanding officer assigning them a higher equivalent military rank. 

For former military personnel, the Bill provides that they shall, for purposes of trial, be deemed to retain the last rank held before their discharge. 

The Bill lists 40 types of arms and 26 types of ammunition classified as exclusive to the UPDF.

Court Martial structure  

The Bill proposes an overhaul of the military court system, beginning with the General Court Martial, which will now be chaired by an individual qualified to be appointed as a High Court judge and holding a military rank not below that of major general. 

Previously, the law required only that the chairperson hold a rank not below that of colonel, without specifying judicial qualifications. 

The General Court Martial will also include two senior officers who are advocates of the High Court, and two additional civilian advocates of the same court. 

All members will be appointed by the High Command, in consultation with the Judicial Service Commission and will serve three-year terms, renewable upon reappointment. 

Persons aggrieved by the court martial’s decisions will have the right to appeal to the Court of Appeal, and where the death penalty is imposed, it will require confirmation by the Supreme Court before being carried out. 

“Where a sentence of death is imposed by the General Court Martial, the sentence shall not be executed until the expiration of the time within which notice of intention to appeal against conviction may be given, and if notice of intention to appeal is duly given, the sentence shall not be executed until the appeal has been determined or abandoned,” the draft reads.

Independence 

On the independence and impartiality of military courts, the Bill states: “The members of the court martial shall in the performance of their judicial functions be independent and impartial and shall not be subject to command.” 

Military court personnel who commit offences under the Act or any other law will also fall under the jurisdiction of the military court system.

Defence minister Jacob Oboth-Oboth

New Unit, Division Courts 

The Bill proposes the establishment of unit court martials for each military unit. Each will be chaired by an officer with a Bachelor of Laws degree, a postgraduate diploma in legal practice and a rank not below that of captain. 

The Unit Court will include the administrative officer, political commissar, regiment sergeant major, one junior officer and one private, all appointed in consultation with the Judicial Service Commission. 

The Unit Court Martial will have the authority to try offences punishable by a maximum of five years. 

A separate Division Court Martial will be chaired by an officer not below that of lieutenant colonel, who is also an advocate of the High Court, and will have powers to try offences, excluding those punishable by death.

New structure  

The Bill further proposes the formal establishment of the High Command, the Special Forces Command and the Joint Military Command. 

The High Command will comprise the President (as chairperson), minister of defence, ministers of state, permanent secretary, service commanders and individuals who were members of the High Command on January 26, 1986, provided they haven’t been convicted of a crime, renounced Ugandan citizenship or joined partisan politics. 

A new position of Deputy Chief of Defence Forces and Inspector General of Defence Forces is also proposed. 

This officer will oversee the Special Forces Command, and their pay and allowances will be determined by the High Command.

Veterans' welfare  

In a major boost to soldier welfare, the Bill proposes that officers who suffer disability due to military service will receive monthly disability compensation (ranging from sh150,000 to sh1.5m), helper’s allowance (from sh75,000 to sh750,000) and an additional pension or gratuity equivalent to the disability compensation upon retirement. 

A Medical Board chaired by the Chief of Joint Staff and composed of seven departmental representatives, will assess the medical condition of affected officers.

Pensions reforms

Under the new law, retired officers will receive pension and gratuity for 15 years, unless dismissed with disgrace, in which case they forfeit all benefits. 

In the event of an officer’s death within seven years of retirement, their legal representative may claim additional pension. 

If an officer goes missing, a three-year search must be conducted, after which, if no trace of them is found, a formal inquiry into their disappearance shall be launched.

Minister justifies reforms  

When contacted, defence minister Jacob Oboth-Oboth said the 2005 UPDF Act had become outdated and the reforms were critical to aligning the law with current realities and court rulings. 

“The amendments are meant to streamline the composition of the organs and structures of the defence forces, provide for the autonomy of the management of pensions of officers and militants, establish a healthcare service for officers and militants, establish the medical board and to provide for the definition of service offences, Court Martial, Military Court and Reserve Force,” the Minister of Defence and Veteran Affairs said.

Background 

On January 31, Justices of the Supreme Court led by Chief Justice Alfonse Owiny-Dollo ruled that although military courts are part of the courts of judicature, they have limited jurisdiction over the trial of civilians and handling of criminal cases involving soldiers. 

This followed a petition filed by former Nakawa Member of Parliament Michael Kabaziguruka, who was challenging his trial on treason charges before the General Court Martial. Subsequently, the justices ruled that all pending criminal cases against civilians and soldiers at the military courts must stop, and the files transferred to the civilian courts. 

Following the developments, the files of Forum for Democratic Change former president Kizza Besigye and his aide Haji Obeid Lutale, were transferred from the General Court Martial to a civilian court, which resulted in their being charged before Nakawa Chief Magistrates’ Court. 

They were charged with treason and misprision of treason, together with UPDF officer Capt. Denis Oola, who is attached to the Armoured Brigade.