IPU PARLINE database: UGANDA (Parliament), Oversight

Parliament name

Parliament

Structure of parliament

Unicameral

Type of political regime

presidential

Notes

The President is the Head of State, Head of Government and commander-in-chief of the defence forces and the fountain of honour (Article 98 of the Constitution).

Head of the executive

President of the Republic

Notes

Executive authority is vested in the President, assisted by a cabinet. The latter consists of the President, the Vice-President and such number of ministers as may appear to the President to be reasonably necessary for the efficient running of the state.

Method for appointing the executive

The election of the President takes place in a universal adult suffrage through a secret ballot (Article 103 of the Constitution). Cabinet ministers are appointed by the President, with the approval of Parliament, from among parliamentarians or persons qualified to be elected members of Parliament (Article 113 of the Constitution). The total number of ministers may not exceed 21 except with the approval of Parliament.

Term of office of the executive and coincidence with the term of the legislature

The term of Parliament is five years from the date of its first sitting after a general election (Article 77.3 of the Constitution). A person elected President holds office for a term of five years and may not be elected to hold office for more than two terms (Article 105 of the Constitution). The term of the President expires two months before that of Parliament.

Incompatibility of the functions of member of the executive and member of Parliament

No

Not applicable

Dissolution of Parliament

No

Circumstances

Parliament stands dissolved only upon the expiration of its term (Article 96 of the Constitution).

Modalities

Not applicable

Accountability of Government to Parliament

Yes

Ministers are individually accountable to the President for the administration of their ministries and collectively responsible for any decision made by the cabinet (Article 117 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

Government accountability to Parliament can be brought into play by questions put to ministers.

Government reports to Parliament

At the beginning of each session of Parliament, the President delivers an address on the state of the nation to Parliament (Article 101 of the Constitution). In consultation with the Speaker, the President may also address Parliament from time to time, on any matter of national importance.

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Parliament may pass a vote of censure against a minister on the grounds of (i) abuse of office or wilful violation of the oath of allegiance or oath of office; (ii) misconduct or misbehaviour; (iii) physical or mental incapacity; (iv) mismanagement; or (v) incompetence (Article 118 of the Constitution).

Modalites

Parliament may pass a vote of censure against a minister by resolution supported by more than half of all its members. Proceedings for censure of a minister are initiated by a petition to the President through the Speaker, signed by not less than one third of all members of Parliament, stating that they are dissatisfied with the conduct or performance of the minister. Upon receipt of the petition, the President causes a copy of it to be given to the minister in question. The motion for the resolution of censure is not debated until the expiry of 30 days after the petition was sent to the President. A minister in respect of whom a vote of censure is debated is entitled during the debate to be heard in his or her defence.

Consequences

Upon a vote of censure being passed against a minister, and unless the minister resigns his or her office, the President takes appropriate action in the matter. Between 1990 and 2000, five motions of censure were tabled in and adopted by Parliament.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

While holding office, the President is not liable to proceedings in any court (Article 98, paragraph 4 of the Constitution). Civil or criminal proceedings may be instituted against a person after ceasing to be President, in respect of anything done or omitted to be done in his or her personal capacity before or during the term of office; and any period of limitation in respect of any such proceedings may not be taken to run during the period while that person was President. The President may be removed from office on the grounds of (i) abuse of office or wilful violation of the oath of allegiance and the presidential oath; (ii) misconduct or misbehaviour that he or she has conducted himself or herself in a manner which brings or is likely to bring the office of President into hatred, ridicule, contempt or disrepute or that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of the country; or (iii) physical or mental incapacity (Article 107, paragraph 1 of the Constitution).

Modalites and procedure

For the purpose of removal of the President, a notice in writing signed by not less than one third of all the members of Parliament must be submitted to the Speaker. The latter causes a copy to be transmitted to the President and the Chief Justice within 24 hours. The latter constitutes, within seven days, a tribunal comprising three Justices of the Supreme Court to investigate the allegation in the notice and to report its findings to Parliament, stating whether or not there is a prima facie case for removal. The President is entitled to appear at the proceedings of the tribunal and to be represented there by a lawyer or other person of his or her choice. If the tribunal determines that there is a prima facie case for the removal of the President, Parliament may pass a resolution supported by the votes of not less than two thirds of all members of Parliament.

For the purposes of removal on grounds of physical or mental incapacity, there must be submitted to the Speaker a notice in writing signed by not less than one third of all parliamentarians (i) stating that they move a motion for the removal of the President from office; and (ii) giving particulars of the alleged incapacity. The Speaker causes, within 24 hours after receipt of such notice, a copy to be transmitted to the President and the Chief Justice. The latter constitutes, within seven days and in consultation with the professional head of the medical services, a medical board comprising five qualified and eminent medical specialists to examine the President and to report its findings to Parliament.

Consequences

If the tribunal determines that there is a prima facie case for the removal of the President, the President ceases to hold office. If the medical board determines that the President is by reason of physical or mental incapacity unable to perform the functions of President, and Parliament passes the resolution for his or her removal supported by the votes of not less than two thirds of all its members, the President ceases to hold office. If the board, after the expiration of a period of seven days, reports that the President has failed or refused to submit to the medical board in accordance with that clause, and Parliament passes the resolution for his or her removal supported by the votes of not less than two thirds of all its members, the President ceases to hold office.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

Ministers are individually accountable to the President for the administration of their ministries and collectively responsible for any decision made by the cabinet (Article 117 of the Constitution).

Means and modalities of oversight

Hearings in Committees

Committees may (i) call any minister or any person holding public office and private individuals to submit memoranda or appear before them to give evidence; (ii) co-opt any parliamentarian or employ qualified persons to assist them in the discharge of their functions; (iii) have the powers of the High Court for enforcing the attendance of witnesses and examining them on oath, compelling the production of documents, and issuing a commission or request to examine witnesses abroad (Article 90, paragraph 4 of the Constitution).

Committees of inquiry and missions to Government departments

The House may at any time appoint an ad hoc committee to investigate any matter of public importance that does not come under the jurisdiction of any committee or has not been dealt with by a select committee.

Oral and written questions of parliamentarians

Ministers must attend sittings of the House to answer questions asked of them. Question time does ordinarily not exceed one hour except if the Speaker on his or her discretion so permits. A minister may not take more than two weeks to respond to a question. The time available for answering questions is allotted on different days in rotation relating to such ministry or ministries as the Speaker determines. Questions may be asked relating to public affairs, proceedings pending in Parliament or any matter of administration for which ministers are responsible. A question may not be asked without notice unless it is of an urgent nature relating either to a matter of public importance or the arrangement of business. Questions without notice may only be asked with the prior leave of the Speaker.

Notice of a question must be given by delivery of the written question to the office of the Clerk at least three days before the sitting at which the member proposes to ask the question. The Clerk ensures that the notice delivered to him or her is communicated to the person concerned as soon as possible. The Speaker determines the admissibility of a question. If he or she is of the opinion that any question infringes any of the rules set out, he or she may direct that it be printed or asked with such alterations as he or she directs, or that it be returned to the member concerned as being inadmissible. A member who desires an oral answer to a question marks it with "oral reply". Answers to questions not so marked are communicated in writing to members and are printed in the official report.

The order in which questions for oral answers are placed on the list of questions is determined by lot under the direction of the Speaker. Not more than three questions for oral answers may be asked by a member at any one sitting. The answer for any question remaining on the order paper is printed in the official report. The answer to any question is printed and a copy of it supplied to the member asking it, not less than 15 minutes before the time fixed for the sitting at which the question is to be answered, and the answer is read by the member to whom the question is addressed. When any question has been asked and answered, no debate on it is permitted. As soon as a question is answered in the House, any member may ask a supplementary question for the further elucidation of any matter of fact regarding the answer that has been given. Supplementary questions arise directly from the answer to the original question and may not be used to introduce new matters.

Role of Parliament in the appointment of senior Government officials

Parliament exercises oversight over the actions of the administration by approving the names for appointments of senior officials.

Activity reports of the Government administration and of public services or establishments

The administration is required to submit an annual activity report to Parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman is appointed by the President with the approval of Parliament.

Relationship to Parliament

The Ombudsman reports to Parliament.

Consultation of Parliament in the preparation of the national budget

No

The President causes to be prepared and laid before Parliament estimates of revenues and expenditure of Government for the next financial year (Article 155, paragraph 1 of the Constitution). The Head of any self-accounting department, commission or organisation causes to be submitted to the President at least two months before the end of each financial year, estimates of administrative and development expenditure and estimates of revenues for the following year.

Modalities of oversight

Examination of the budget / finance act by Parliament

The estimates prepared by the administration are laid before Parliament by the President without revision but with any recommendations that Government may have on them. At any time before Parliament considers the estimates of revenues and expenditure laid before it by or on the authority of the President, an appropriate committee may discuss and review the estimates and make appropriate recommendations to Parliament. Notwithstanding, the President may cause to be prepared and laid before Parliament (i) fiscal and monetary programmes and plans for economic and social development covering periods exceeding one year; and (ii) estimates of revenue and expenditure covering periods exceeding one year. Parliament may make laws to give effect to such provisions.

The expenditure headings contained in the estimates, other than expenditure charged on the consolidated funds or any act of Parliament, are included in an appropriation bill, which is introduced into Parliament to provide for the issue from the consolidated fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill. If in respect of any financial year it is found that (i) the amount appropriated for any purpose under the appropriation act is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that act; or that (ii) any moneys have been expended for any purpose in excess of the amount appropriated for that purpose or for a purpose for which the amount has been appropriated by that act, a supplementary estimate showing the sums required or spent is laid before Parliament and in the case of excess expenditure, within four months after the money is spent.

Reports on the budget / finance act by Committees

The functions of the budget committee is to (i) focus on preliminary estimates and the macroeconomic plan and programmes and submit recommendations to the Speaker; (ii) consider the national budget and compile amendments and refer them to the relevant committees; and (iii) carry on such other functions relating to the national budget as may be assigned to it by Parliament or any act.

Fields overseen

Defence budget

Parliament exercises partial oversight over the national defence budget.

Budget of special departments

Not applicable

Role of Parliament in national development plans

Not applicable

Parliament's deadline for the examination and adoption of the budget / finance act

The President causes to be laid before Parliament, not later than the fifteenth day before the commencement of the financial year, estimates of revenues and expenditure of Government for the next financial year (Article 155, paragraph 1 of the Constitution). The deadline for the adoption of the finance bill is 30 October.

Consequences of failure by Parliament to adopt the budget / finance act

No provisions are set out for the case of a budgetary deadlock.

Budgetary autonomy of Parliament

Yes

Parliament gets funds directly from the consolidated fund.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Not applicable

Parliamentary oversight of public companies

Yes

Parliament oversees public companies through its committees.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Auditor General is appointed by the President with the approval of Parliament (Article 163 of the Constitution). He or she (i) audits and reports on public accounts of all public offices including the courts, central and local government administrations, universities and public institutions of like nature, and any public corporation or other bodies or organisations established by an act of Parliament; and (ii) conducts financial and value-for-money audits in respect of any project involving public funds.

Reports of the public auditor's office

The Auditor General submits to Parliament annually a report of the accounts audited by him or her for the past financial year. Parliament debates and considers, within six months, this report and takes appropriate action. The Auditor General may not be under the direction or control of any person or authority. The President may, acting in accordance with the advice of the cabinet, require the Auditor General to audit the accounts of any body or organisation. The accounts of the office of the Auditor General are audited and reported upon by an auditor appointed by Parliament.

Specialised committee

The public accounts committee is assigned the examination of the audited accounts showing the appropriation of the sums granted by Parliament to meet the public expenditure of Government and the judiciary. The committee reports to the House at least twice in a year. The Clerk receives the Auditor General's report relating to Government and delivers the report to the Committee.

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the foreign relations committee.

Powers of the Committee

The powers of committees include to (i) discuss and make recommendations on all bills laid before Parliament; (ii) initiate any bill within their respective areas of competence; (iii) to assess and evaluate activities of Government and other bodies; (iv) to carry out relevant research in their respective fields; and (v) to report to Parliament on their functions.

Composition of the Committee

Not available

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliament can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President or a person authorised by him or her may make treaties, conventions, agreements, or other arrangements with any other country or any international organisation or body, in respect of any matter (Article 123 of the Constitution). Parliament makes laws to govern ratification of treaties, conventions, agreements or other arrangements made. Ratification of such treaties by Parliament is mandatory in cases where the treaty affects the Constitution.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above Parliament exercises oversight over foreign policy through other parliamentary committees.

National Defence Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over national defence policy through the national defence committee.

Powers of the Committee

The powers of committees include to (i) discuss and make recommendations on all bills laid before Parliament; (ii) initiate any bill within their respective areas of competence; (iii) to assess and evaluate activities of Government and other bodies; (iv) to carry out relevant research in their respective fields; and (v) to report to Parliament on their functions.

Composition of the Committee

Not available

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President may, with the approval of Parliament given by resolution supported by not less than two thirds of all its members, declare that a state of war exists with any other country (Article 124 of the Constitution). Where it is impracticable to seek the approval of Parliament before such declaration, the President may declare a state of war without the approval but must seek this approval immediately after the declaration and in any case not later than 72 hours after the declaration. Where the President makes the declaration of a state of war when Parliament is in recess, the Speaker immediately summons Parliament to an emergency session to sit within 72 hours after the declaration of a state of war. The President may, with the approval of Parliament given by resolution, revoke a declaration of a state of war.

Role of Parliament in sending troops abroad

Parliament makes laws regulating the defence forces, and in particular, providing for the deployment of troops outside the country.

Other mechanisms for participation in national defence policy by Parliament

In addition to the above Parliament exercises oversight over defence policy through some other parliamentary committees.

Circumstances

The President may, in consultation with the cabinet, proclaim that a state of emergency exists in the whole or any part of the country, if the President is satisfied that circumstances exist (i) in which the country is threatened by war or external aggression; or (ii) in which the security or the economic life of the country is threatened by internal insurgency or natural disaster; or (iii) which render necessary the taking of measures which are required for securing the public safety, the defence and the maintenance of public order and supplies and services essential to the life of the community (Article 110 of the Constitution). A state of emergency remains in existence for not more than 90 days and then expires.

The President causes the proclamation declaring the state of emergency to be laid before Parliament for approval as soon as is practicable and in any case not later than 14 days after it was issued. A state of emergency may be extended by Parliament for a period not exceeding 90 days at a time. The President or Parliament may, if satisfied that the circumstances have ceased to exist, revoke the proclamation by which the state of emergency was declared. Any resolution passed by Parliament for such purposes must be supported by the votes of more than one half of all members of Parliament.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

During any period when a state of emergency exists, the President submits to Parliament at such intervals as Parliament may set down, regular reports on actions taken by or on behalf of the President for the purposes of the emergency. Parliament enacts such laws as may be necessary for enabling effective measures to be taken for dealing with any state of emergency. Where there exists a state of war or a state of emergency that would prevent a normal general election from being held, Parliament may, by resolution supported by not less than two thirds of all its members, extend its term for a period not exceeding six months at a time.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

Any question as to the interpretation of the Constitution is determined by the Court of Appeal sitting as the Constitutional Court (Article 137 of the Constitution). When sitting as such, the Court of Appeal consists of a bench of five members.

Means and procedures

A person who alleges that (i) an act of Parliament or any other law or anything done under the authority of any law; or (ii) any act or omission by any person or authority is inconsistent with or in contravention of a provision of the Constitution, may petition the Constitutional Court for a declaration to that effect, and for redress where appropriate. Where upon determination of such petition the Constitutional Court considers that there is need for redress in addition to the declaration sought, the court may grant an order of redress, or refer the mater to the High Court to investigate and determine the appropriate redress.

Where any question as to the interpretation of the Constitution arises in any proceedings in a court of law other than a field court-martial, the court may (i) if it is of the opinion that the question involves a substantial question of law; and (ii) if any party to the proceedings requests it to do so, refer the question to the Constitutional Court for decision. Where any such question is referred to the Constitutional Court, it gives its decision on the question and the court in which the question arises disposes of the case in accordance with that decision. Upon a petition being made or a question being referred, the Court of Appeal proceeds to hear and determine the petition as soon as possible and may, for that purpose, suspend any other matter pending before it.

Evaluation of laws

No

Not applicable

Measures

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