POLITICAL PARTIES AND ORGANISATIONS ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Short title.

   2.   Interpretation.

PART II
REGISTRATION OF POLITICAL PARTIES AND ORGANISATIONS.

   3.   Formation of political parties or organisations.

   4.   Electoral Commission to register political parties and organisations.

   5.   Prohibition of ethnic or religious organisations.

   6.   Registration of political parties and organisations.

   7.   Method of registration of political parties and organisations.

   8.   Prohibition of certain identifying symbols, etc.

PART III
CONDUCT OF POLITICAL PARTIES AND ORGANISATIONS.

   9.   Declaration of assets and liabilities.

   10.   Internal organisation of political parties or organisations.

   11.   Notification of changes or alterations in constitution, etc.

   12.   Records and audit of political parties or organisations.

   13.   Non-Ugandans not to hold office in a political party or organisation, etc.

   14.   Restriction on contributions from foreign sources, etc.

   14A.   Use of Government or public resources for political party or organisation activities.

   15.   Duty of political parties or organisations to give information to Electoral Commission.

   16.   Certain persons not to participate in political party or political organisation activities.

   17.   Merger of political parties or organisations.

   18.   Alliance of political parties or organisations.

PART IV
GENERAL PROVISIONS.

   19.   Code of conduct for political parties and organisations.

   20.   National consultative forum for political parties and political organisations.

   20A.   Chairperson or Vice Chairperson of the National Consultative Forum.

   21.   Noncompliance with this Act.

   22.   Appeals.

   23.   Expedition of proceedings.

   24.   Gazette, notices, etc.

   25.   Winding up of political parties or organisations.

   26.   Delegation by Electoral Commission.

   27.   Regulations.

   28.   Minister's power to amend Schedules.

   29.   Repeal and savings.

      First Schedule   Currency point.

      Second Schedule   Districts in each of the traditional geographical regions of Uganda.

      Third Schedule   Forms.

POLITICAL PARTIES AND ORGANISATIONS ACT.

Commencement: 21 November, 2005.

   An Act to make provision for regulating the financing and functioning of political parties and organisations, their formation, registration, membership and organisation under articles 71, 72 and 73 of the Constitution; the prescription of a code of conduct for political parties and organisations and the establishment of a national consultative forum for political parties and organisations; to repeal and replace the Political Parties and Organisations Act, 2002 and for related matters.

   WHEREAS under paragraph (e) of clause (1) of article 29 of the Constitution every person has the right to freedom of association which shall include the freedom to form and join associations or unions, trade unions and political and other civic organisations;

   AND WHEREAS article 71 of the Constitution sets out the principles to which political organisations shall conform;

   AND WHEREAS the right to form political parties and any other political organisations is guaranteed under article 72 of the Constitution which, in clauses (2) and (3) provides as follows—

   "(2) An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.

   (3) Parliament shall by law regulate the financing and functioning of political parties and organisations";

   AND WHEREAS article 73 of the Constitution requires Parliament to regulate the conduct of political organisations subscribing to other political systems during the period when one political system is in force in Uganda;

   AND WHEREAS article 270 of the Constitution provided that political parties or organisations in existence immediately before the commencement of the Constitution shall, notwithstanding clause (2) of article 72 of the Constitution continue to exist and operate in conformity with the provisions of the Constitution until Parliament makes laws relating to registration of political parties and organisations:

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the Political Parties and Organisations Act.

2.   Interpretation.

   (1) In this Act unless the context otherwise requires—

   "currency point" means the value specified in relation to a currency point in the First Schedule to this Act;

   "district" means the area of authority of a District Council;

   "executive committee" means the governing body of a political party or organisation by whatever name called;

   "founder of a political party or organisation" means a person who participates in the establishment of a political party or organisation and who is among the first members of the political party or organisation;

   "Minister" means the Minister responsible for justice and constitutional affairs;

   "non-Ugandan nongovernmental Organisation" means a nongovernmental organisation which is registered in Uganda but whose headquarters are located outside Uganda;

   "political organisation" means any free association or organisation of persons the objects of which include the influencing of the political process or sponsoring a political agenda, whether or not it also seeks to sponsor or offer a platform to a candidate for election to a political office or to participate in the governance of Uganda at any level;

   "political party" means a political organisation the objects of which include the influencing of the political process or sponsoring a political agenda, whether or not it also seeks to sponsor or offer a platform to a candidate for election to a political office or to participate in the governance of Uganda at any level;

   "promoter of a political party or organisation" means a signatory to the original documents registering that political party or organisation under section 7(1);

   "public office" means an office in the public service;

   "public officer" means a person holding or acting in any public office;

   "public service" means services in a civil capacity of the Government or of a local government;

   "symbol" includes a motto;

   "traditional or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.

   (2) The definition of 'political organisation' in subsection (1) shall not include the following—

   (a)   the movement political system referred to in article 70 of the Constitution;

   (b)   pressure groups;

   (c)   civic organisations;

   (d)   news media organisations registered with the Media Council in accordance with the Press and Journalists Act.

   (3) For the purposes of this section, a pressure group is a group of people that actively tries to influence public opinion and government action.

   (4) For the purposes of this section, a civic organisation is an organisation registered as such under the laws of Uganda.

PART II
REGISTRATION OF POLITICAL PARTIES AND ORGANISATIONS.

3.   Formation of political parties or organisations.

   (1) A political party or organisation may, in accordance with this Act, be founded in Uganda to further any purpose which is not contrary to the laws of Uganda.

   (2) Every citizen of Uganda has a right to form or join a political party or organisation of his or her choice.

4.   Electoral Commission to register political parties and organisations.

   The Electoral Commission shall be responsible for the registration of political parties or organisations under this Act.

5.   Prohibition of ethnic or religious organisations.

   (1) A person shall not form a political party or organisation—

   (a)   the membership of which is based on sex, race, colour or ethnic origin, tribe, birth, creed or religion or other similar division; or

   (b)   which uses words, slogans or symbols which could arouse divisions on any basis specified in paragraph (a); or

   (c)   the objects and membership of which are not of a national character.

   (2) For the purposes of subsection (1), a political party or organisation is formed on any of the basis specified in subsection (1) if membership or leadership is restricted to members of any particular category specified in that subsection or if its structure and mode of operation is not national in character.

   (3) Any political party or organisation and any member of the executive committee of a political party or organisation which or who contravenes any provision of this section commits an offence and—

   (a)   in the case of a political party or organisation, is liable on conviction to a fine not exceeding 72 currency points; and

   (b)   in the case of a member of the executive committee of a political party or organisation, is liable on conviction to a fine not exceeding 72 currency points or imprisonment not exceeding three years or both.

   (4) For the purpose of this section, a political party or organisation shall not be taken to be of a national character unless it has in its membership at least 50 representatives from each of at least two-thirds of all the districts of Uganda and from each region of Uganda.

6.   Registration of political parties and organisations.

   (1) A political party or organisation in Uganda shall be registered in accordance with this Act and shall pay such fee as may be prescribed by the Minister by regulations made under section 27.

   (2) The Electoral Commission shall maintain a register of political parties and organisations under this Act.

   (3) A political party or organisation registered under this Act shall be a body corporate and shall have perpetual succession and may sue and be sued in its corporate name; but a court or tribunal shall not have power in any suit to grant an order of involuntary winding up of a political party or organisation in favour of a judgment creditor.

7.   Method of registration of political parties and organisations.

   (1) An application to register a political party or organisation shall be made to the Electoral Commission and shall be accompanied by—

   (a)   two copies of the constitution of the political party or organisation duly signed by authorised officers of the political party or organisation;

   (b)   a list of the full names and addresses of at least 50 members of the political party or organisation from each of at least two-thirds of all the districts of each of the traditional geographical regions of Uganda listed in the Second Schedule, being members ordinarily resident or registered as voters in the district;

   (c)   a full description of the identifying symbols, slogans and colours of the political party or organisation, if any;

   (d)   the registration fee specified in section 6(1).

   (2) The application referred to in subsection (1) shall be in Form 1 in the Third Schedule.

   (3) The Electoral Commission may cause independent inquiries to be made so as to ascertain the truth or correctness of particulars submitted with the application.

   (4) The Electoral Commission shall cause a notice of the application to be published in the Gazette within 30 days after receiving it, inviting objections from any person concerning the name, aim, objects, and constitution of the political party or organisation or on any other lawful ground and specifying the time not being longer than 14 days within which the objections must be submitted.

   (5) The Electoral Commission shall not register an

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