Parliament Joint Committee Debates Court Martial Jurisdiction

By Shamim Nabakooza | Wednesday, May 14, 2025
Parliament Joint Committee Debates Court Martial Jurisdiction
Gen Freeman Robert Mugabe is the chairman of the General Court Martial
The controversial bill seeks to empower the military courts to try civilians just months after the Supreme Court outlawed the same

Parliament's joint Legal and Defense Committee convened today to begin scrutinizing the Uganda People's Defence Forces (UPDF) Amendment Bill 2025.

The session saw a robust exchange between legislators and government officials, particularly regarding the trial of civilians in military courts.

The Ministry of Defence delegation, led by Minister Oboth Oboth, included Judge Advocate Richard Tukacungurwa and representatives from the UPDF legal department.

Minister Oboth introduced the bill, and ministry officers detailed proposed amendments, outlining offenses to be tried under the court martial system.

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Defence Minister permanent secretary Rosette Byengoma and Brig. Gen. Wandera were also present.

However, the Attorney General, Kiryowa Kiwanuka, faced intense questioning from Members of Parliament, including Mathias Mpuuga and Abdul Katuntu, on the bill's compliance with a recent Supreme Court ruling.

Legislators challenged Kiwanuka to clarify which aspects of the ruling the amendments address.

A key point of contention arose during a presentation by Judge Advocate Tukacungurwa.

The proposed amendment limits appeals from court martial decisions to the Court of Appeal.

This sparked strong reactions from MPs, who argued that the bill seemed to diminish the role of the judiciary, especially given that the court martial is not established under Article 129 of the Constitution, which deals with the judiciary.

"The Supreme Court did not prohibit the trial of civilians by the military courts," Kiwanuka said.

This assertion drew further scrutiny. MP Odur directly challenged the Attorney General, asking, "Which order of the ruling are you complying with?"

The debate also touched on the broader issue of civilian jurisdiction. MPs questioned the government's intentions, asking why it seeks to return civilians to the jurisdiction of the court martial.

The committee's deliberations continue, with the issue of whether civilians should be tried in military courts remaining a central point of contention.

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