EXPLAINER: What the UPDF Act Means for You

By Adam Mayambala | Wednesday, May 21, 2025
EXPLAINER: What the UPDF Act Means for You
Dozens of NUP supporters were subjects to miliary courts between 2021 and 2024
The newly amended law introduces a wide range of changes to the military legal system, command structure, veteran affairs, and more—some of which critics say directly challenge past court rulings, especially on military court jurisdiction over civilians

Parliament on Tuesday passed the UPDF (Amendment) Bill, 2025, sparking intense debate among legal experts, human rights defenders, and opposition legislators.

The newly amended law introduces a wide range of changes to the military legal system, command structure, veteran affairs, and more—some of which critics say directly challenge past court rulings, especially on military court jurisdiction over civilians.

So what does the new law actually say, and what should Ugandans know about it?

🔴 1. Civilians Can Be Tried in Military Courts—Again

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EXPLAINER: What the UPDF Act Means for You News

One of the most controversial changes is the return of civilian trials in military courts under specific conditions.

Under Clauses 29 and 30, civilians can be prosecuted by the General Court Martial if they:

Aid or abet UPDF personnel in serious crimes like treason, terrorism, murder, or espionage

Are found in possession of classified military stores (such as guns, documents, or uniforms)

🔹Critics’ concern: These provisions revive clauses previously struck down by the Supreme Court in the landmark Kabaziguruka case, where it was ruled that military courts lack the independence to fairly try civilians.

🟠 2. Military-Like Clothing Criminalised

The law now bans civilians from wearing attire resembling military uniforms, including items considered harmless by many.

Clause 82 and Schedule 78:

Outlaws the public wearing of berets, camouflage, khaki wear, combat boots, and even Kaunda suits or black shoes if they appear military in nature.

The aim is to prevent impersonation or misuse of military identity.

🔹Critics’ concern: Opponents, such as MP Asuman Basalirwa, argue the definitions are too vague and prone to abuse, possibly targeting civilians for innocent dress choices.

🔵 3. Restructuring the Military Court System

The bill formalises and restructures the military court system, creating a full-fledged department within the UPDF to manage it.

Establishes:

Military Courts Department

Defined roles for:

General Court Martial (GCM)

Division Court Martial

Unit Court Martial

Judicial officers now have renewable five-year terms

Appointments made in consultation with the Judicial Service Commission

🔹Implication: Critics worry this gives the military even more institutional autonomy, possibly undermining civilian judicial oversight.

⚖️ 4. Expanded Appeals and Oversight

The bill introduces a clearer appeals process for military court decisions.

Appeals allowed:

From Unit Court Martial → Division Court Martial

From General Court Martial → Court of Appeal → Supreme Court

Death sentences must be confirmed by the Supreme Court before execution

🔹Implication: A partial safeguard, though critics say the system’s fairness remains in question, especially for civilians tried in military courts.

🟢 5. UPDF Structural Reforms

The law formalises two crucial UPDF wings:

Special Forces Command (SFC)

Reserve Force

It also introduces:

Joint Military Command and a new Service Command, providing for more centralised decision-making.

🔹Implication: The SFC, often linked to elite operations and the First Son Gen. Muhoozi Kainerugaba, now enjoys full legal recognition under UPDF structures.

🟣 6. Veteran Affairs and Pensions

The bill transfers pension and gratuity management from the Ministry of Public Service to the Ministry of Defence.

Introduces a Pensions Board

To handle complaints

Streamline access to benefits

Improve welfare of retired military personnel

🔹Implication: Could lead to more tailored service delivery, but raises oversight questions.

🏥 7. Military Health Services Introduced

A new UPDF Health Service will now handle the medical needs of soldiers and their families.

Offers:

In-country and abroad treatment

Rehabilitation services

Disability assessments

Managed by a dedicated Medical Board

🔹Implication: Aimed at professionalising health care within the force, and possibly reducing reliance on the national referral system.

What’s your take on this story?

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