UGANDA PEOPLES' DEFENCE FORCES ACT, 2005.


UGANDA PEOPLES' DEFENCE FORCES ACT, 2005.

ARRANGEMENT OF SECTIONS.

PART I
PRELIMINARY.

   Section

   1.   Short title.

   2.   Interpretation.

PART II
COMPOSITION, ORGANS AND STRUCTURES OF THE DEFENCE FORCES.

Composition.

   3.   Composition of the Defence Forces.

   4.   Establishment and composition of services.

   5.   Composition of Regular Forces.

   6.   Sources and organisation of Reserve Force.

Command, appointments, etc.

   7.   Functions of the Defence Forces.

   8.   Commander in Chief of the Defence Forces, etc.

   9.   Powers of Command.

   10.   Powers of command of officers of co-operating and other forces.

   11.   Appointments.

   12.   Location of units and formations.

   13.   Authorised ranks, trades.

Organs and structures of the defence forces.

   14.   The Defence Forces Council.

   15.   High Command.

   16.   Meetings of the Defence Forces Council and the High Command.

   17.   Attendance of meetings.

   18.   Command and staff meeting.

   19.   Implementation committee.

   20.   Commissions Board.

   21.   Unit Promotions Board.

   22.   Meetings of the Board.

   23.   Policy and Administration Committees.

   24.   Pensions authority and the Ministry responsible for defence.

   25.   Committees.

   26.   Board of Inquiry.

   27.   Defence Forces Fund.

PART III
EMPLOYMENT OF THE DEFENCE FORCES.

Continuous full time service, active service, attachment and secondment, etc.

   28.   Service of members of Regular Forces.

   29.   Inspectorate of Defence Forces.

   30.   Reserve Forces in peacetime.

   31.   Mobilisation of Reserve Forces and prescribed forces.

   32.   Mode of mobilisation.

   33.   Annual training.

   34.   Punishment for non-attendance.

   35.   Discharge on completion of engagement.

   36.   Discharge during service.

   37.   Restrictions during full time service.

   38.   Attachment and secondment.

Deployment of troops outside Uganda.

   39.   Deployment of troops outside.

   40.   Agreement relating to deployment of troops outside Uganda.

   41.   Law applicable.

Aid to the civil power.

   42.   Aid to the civil power.

   43.   Officers and militants have powers of police officer.

   44.   Other assistance to the civil authorities.

   45.   General.

Cooperation with, and attachment, etc. of other forces.

   46.   Cooperating forces.

   47.   Attachment, etc. to the Defence Forces.

Miscellaneous.

   48.   Procurement.

   49.   Supply and issue of materiel.

   50.   Commandeering and billeting.

PART IV
TERMS AND CONDITIONS OF SERVICE.

Recruitment and appointment to commissions.

   51.   Recruitment.

   52.   Enrolment and appointment to commission.

   53.   Oaths on enrolment.

   54.   Re-engagement.

Promotion, acting rank, temporary rank and honorary rank.

   55.   Considerations for promotion.

   56.   Board to consult.

   57.   Board to summon persons.

   58.   Allowance for attending Board.

   59.   False information to the Board.

   60.   Unauthorised disclosure.

   61.   Demotion.

   62.   Reward for distinguished service.

   63.   Acting rank and temporary rank.

   64.   Honorary rank.

Release and suspension.

   65.   Dismissal.

   66.   Resignation of commission.

   67.   Discharge.

   68.   Entitlement to release and exceptions.

   69.   Suspension.

Financial provisions.

   70.   Pay and allowances.

   71.   Service pensions and gratuities.

   72.   Maximum pension.

   73.   Gratuity and reduced pension.

   74.   Reduction of establishment.

   75.   Grant of pension, etc. on dismissal.

   76.   Additional service.

   77.   Emergency or recall.

   78.   Death and disability pensions and gratuities.

   79.   Entitlement on disablement or death.

   80.   Payment of pension.

   81.   Pensions and gratuities charged on Consolidated Fund.

   82.   Payment of pensions, etc in respect of veterans.

   83.   Income tax.

   84.   Bankruptcy.

   85.   Imprisonment.

   86.   Assignability of pension.

   87.   Seconded personnel.

   88.   Parliamentary representatives.

   89.   Soldiers on remand, detention, bail, etc.

   90.   Graduated Tax.

   91.   Appeals from decisions of pensions authority.

General.

   92.   Service of professionals.

   93.   Bonds.

   94.   Leave.

   95.   Medical and other services.

   96.   Accommodation.

   97.   Transport.

   98.   Marriage.

   99.   Political office.

   100.   Administration of oaths.

   101.   Redress of wrongs.

   102.   Other provisions.

Appointment of civilians.

   103.   Appointment of civilian employees.

   104.   Number of civilian employees.

   105.   Preliminaries to appointment.

   106.   Manner of appointment.

   107.   Length of appointment.

   108.   Place of service.

   109.   Standard of work.

   110.   Secrecy.

   111.   Delivery of documents.

   112.   Conditions of service of civilian professionals and quasi professionals.

   113.   Conditions of service of other civilian employees.

   114.   Appointment not pensionable.

   115.   Other conditions of service.

   116.   End of appointment.

   117.   Bonding of civilians.

PART V
PERSONS SUBJECT TO MILITARY LAW.

   118.   Code of Conduct for the Defence Forces.

   119.   Persons subject to military law.

PART VI
OFFENCES.

Operational offences and offences relating to security.

   120.   Cowardice in action.

   121.   Breaching concealment.

   122.   Failure to protect war materials, etc.

   123.   Failure to brief, etc.

   124.   Personal interests endangering operational efficiency.

   125.   Careless shooting in operation.

   126.   Offences relating to operations.

   127.   Offences relating to prisoners of war.

   128.   Offences by persons in command when in action.

   129.   Treachery.

   130.   Offences relating to security.

   131.   Offences relating to guard duties.

Mutiny.

   132.   Mutiny.

Insubordination.

   133.   Disobeying lawful orders.

   134.   Failure to execute one's duties.

   135.   Violence to a superior officer.

   136.   Insubordinate behaviour.

Disgraceful conduct.

   137.   Spreading harmful propaganda.

   138.   Malingering or maiming.

   139.   Drunkenness.

   140.   Taking or possessing drugs.

   141.   Abuse of and violence to inferiors.

   142.   False accusation, etc.

   143.   Quarrels and disturbances.

   144.   Disorders.

   145.   Scandalous conduct by officers, etc.

Desertion and absence without leave.

   146.   Desertion.

   147.   Connivance at desertion.

   148.   Absence without leave.

   149.   False statement in respect of leave.

Offences relating to vessels, aircraft and vehicles.

   150.   Offences relating to convoys.

   151.   Losing, stranding or hazarding vessels or aircraft.

   152.   Wrongful acts in relation to aircraft, etc.

   153.   Attempt to hijack aircraft, vessel, etc.

   154.   Dangerous acts in relation to aircraft.

   155.   Disobedience of Captain's orders.

   156.   Inaccurate certificate.

   157.   Low flying.

   158.   Unauthorised use of vehicles.

   159.   Improper driving of vehicles.

Offences relating to other property.

   160.   Protection of Defence stores.

   161.   Unlawful purchase, etc. of military stores.

   162.   Destruction, loss or improper disposal of property.

   163.   Selling or pawning decorations.

   164.   Unauthorised sale or wearing of uniforms, etc.

   165.   Causing fire.

Offences relating to the process of law, arrests, service custody and military courts.

   166.   Interfering with the process of law.

   167.   Negligent or wilful interference with custody.

   168.   Escape from custody.

   169.   Obstruction of arresting officers.

   170.   Unlawful detention of person.

   171.   Offences in respect of military courts.

Miscellaneous offences.

   172.   Disturbance in billets, etc.

   173.   Offences in relation to documents.

   174.   Obstructing Defence Forces.

   175.   Harbouring, aiding or inducing members of the Defence Forces to dereliction of duty.

   176.   Other fraudulent offences.

   177.   Offences in relation to redress of wrongs.

   178.   Conduct prejudicial to good order and discipline.

General.

   179.   Service trial of civil offences.

   180.   Conspiracy.

   181.   Conviction for related or less serious offences.

   182.   Ignorance no excuse.

   183.   Rules of civil courts applicable.

   184.   Aiding or abetting commission of offence, etc.

PART VII
ARRESTS, SEARCHES AND HANDLING OF PERSONS ARRESTED.

   185.   Arrests generally.

   186.   Search of members or premises.

   187.   Appointment and powers of specially appointed personnel.

   188.   Handling of persons arrested.

   189.   Irregular detention.

   190.   Report of delay of trial.

PART VIII
MILITARY COURTS.

Summary trial authority.

   191.   Trial by a commanding officer or officer commanding.

   192.   Trial by superior authority.

   193.   Offences triable by a summary trial authority and limitation on sentencing.

Unit disciplinary committees and court martial.

   194.   Convening authority

   195.   Unit Disciplinary Committee.

   196.   Division Court MArtial.

   197.   General Court Martial.

   198.   Provisions applying to Division Court MArtial and the General Court Martial.

   199.   Court Martial Appeal Court.

   200.   Field Court Martial.

   201.   Decisions of Court Martial and Unit Disciplinary Committees.

   202.   Staff of court.

   203.   Inegibility to serve on a Field Court Martial.

   204.   Jurisdiction of civil court.

PART IX
TRIALS.

   205.   The summary trial.

   206.   Additional powers of summary trial authority.

   207.   Appeals from decisions of a summary trial authority.

   208.   Action on appeal.

   209.   Principles of civil court to be observed generally.

   210.   No limitation on jurisdiction.

   211.   Place of trial.

   212.   Trials public.

   213.   View by military court.

   214.   Witnesses and advocates at court martial.

   215.   Provisions where accused found insane.

   216.   Autrefois acquit and autrefois convict.

   217.   Proceedings judicial.

   218.   Orders of court.

   219.   Bail.

   220.   Cases not covered by Act.

PART X
PUNISHMENTS.

   221.   Scale of punishments.

PART XI
POST TRIAL MATTERS.

   222.   Committal.

   223.   Temporary removal from incarceration.

   224.   Rules of civil prisons to apply.

   225.   Validity and correction of committal documents.

   226.   Execution of warrants.

PART XII
APPEALS.

   227.   Jurisdiction of appellate courts.

   228.   Advice as to rights of appeal.

   229.   Form of appeal.

   230.   Appellant in prison.

   231.   Bail pending appeal.

   232.   Notice of hearing.

   233.   Supplementary powers of the appellate court.

   234.   Noncompliance.

   235.   Disallowing appeal.

   236.   Setting aside finding, etc.

   237.   Punishments subject to mitigation.

   238.   Quashing findings of a court martial.

   239.   Substituting of findings for original findings of court martial.

   240.   New trial.

   241.   Substitution of punishments.

   242.   Mitigation of punishments, etc.

   243.   Effect of new punishment.

   244.   Saving provision.

   245.   Saving of powers of President.

   246.   Rules of appeal procedure.

PART XIII
REVISION.

   247.   Power of court to call for record and petitions.

   248.   Powers of court on revision.

   249.   Discretion of court as to hearing of parties.

   250.   Court order to be certified to lower court.

PART XIV
GENERAL.

   251.   Expenses of military courts.

   252.   Regulations.

   253.   Orders and instructions.

   254.   Power of Minister to amend Schedules.

   255.   Continuance of existing forces.

   256.   Repeal of Cap. 307 and saving.

   257.   Repeal of Cap. 295 and saving.

      First Schedule   Currency point.

      Second Schedule   Senior officers as at 26th January, 1986.

      Third Schedule   Members of the High Command as at 26th January, 1986.

      Fourth Schedule   Statement of commission.

      Fifth Schedule   Oath of allegiance.

      Sixth Schedule   Oath of secrecy.

      Seventh Schedule   Code of Conduct for the Defence Forces.

      Eighth Schedule   Offences triable by a summary trial authority.

UGANDA PEOPLES' DEFENCE FORCES ACT, 2005.

Commencement: 02 September, 2005.

   An Act to provide for the regulation of the Uganda Peoples' Defence Forces in accordance with article 210 of the Constitution, to repeal and replace the Armed Forces Pensions Act and the Uganda Peoples' Defence Forces Act, and for other related matters.

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the Uganda Peoples' Defence Forces Act, 2005.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "active service" means service—

(a)   in operation against an enemy or in a foreign country, in operations for the protection of life or property, or relating to the military occupation of a foreign country;

(b)   in operations for the preservation of order;

(c)   for purposes of relief in case of emergency;

(d)   in aid to the civil power; and

(e)   for any other purpose that appears to the Defence Forces Council to be expedient;

   "advocate" means an advocate admitted and enrolled under the Advocates Act;

   "aircraft" includes any machine for flying whether propelled by mechanical means or not, and any description of balloons;

   "aircraft material" includes—

(a)   parts or components of, or accessories for, aircraft, whether for the time being in aircraft or not;

(b)   engines, armament, ammunition and bombs and other missiles of any description in or for use in aircraft;

(c)   any other gear, apparatus or instruments in or for use in aircraft;

(d)   any apparatus used in connection with the taking off, landing, or detecting the movements of, aircraft; and

(e)   any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft material;

   "appellate court" means the Court Martial Appeal Court or, as the case may be, the General Court Martial;

   "appropriate civil authority", means the President, a Minister, the Inspector General of Police, a resident district commissioner, or a district police commander;

   "auxiliary forces" means Homeguards, Local Defence Forces and Vigilantes;

   "Board" means, in the case of officers, the Commissions Board established by section 20, and in the case of militants, the Unit Promotions Board established by section 21;

   "civil custody" includes the holding under arrest or under confinement of a person by the Police or other competent civil authority and confinement in a civil prison;

   "civil court" means a court of ordinary criminal jurisdiction in Uganda;

   "civil power" means the Government and includes a local government;

   "commanding officer" in respect of a person means the commanding officer or officer commanding of that person or such other officer as is, by this Act or regulations made under this Act, empowered to act as the commanding officer or officer commanding of that person;

   "co-operating forces" means the Defence Forces of any country other than Uganda, declared to be cooperating forces under section 46;

   "court martial" means a Field Court Martial, the General Court Martial or Court Martial Appeal Court;

   "currency point" has the value assigned to it in the First Schedule;

   "defence establishment" means any establishment designated by the Defence Forces Council or any person authorised for that purpose by the Defence Forces Council to be a defence establishment, and includes any property in the defence establishment;

   "Defence Forces" means the Uganda Peoples' Defence Forces;

   "Defence Forces Council" means the Uganda Peoples' Defence Forces Council provided for in section 14;

   "deploying authority" means the Chairperson of the High Command or any officer designated as deploying authority; and without prejudice to the foregoing, means, in respect of section 198, the Division Commander;

   "emergency" includes war emergency and public emergency;

   "enemy" means all persons engaged in operations against the Defence Forces; and includes armed mutineers, rebels, armed rioters and pirates;

   "enrol" means to cause any person to become a member of the Defence Forces, and includes re-engagement;

   "formation" means a brigade, division or higher organisational structure of units of the Defence Forces;

   "junior officer" means anybody from the rank of Second Lieutenant to Captain;

   "lawful order" includes any order or instruction given by a competent authority to a member of the Defence Forces;

   "liquor" has the meaning assigned to it in the Liquor Act;

   "material" means all movable public property, other than money, provided for the Defence Forces or for any other purpose under this Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided;

   "military court" means a summary trial authority, a Unit Disciplinary Committee or a court martial;

   "military law" in the expression "subject to military law" means Parts V to XIV of this Act;

   "militant" means any person other than an officer who is enrolled in or who is attached or seconded otherwise than as an officer to the Defence Forces;

   "Minister" means the Minister responsible for defence;

   "Ministry" means the Ministry responsible for defence;

   "officer" means—

(a)   a person commissioned by the President to the Defence Forces; and

(b)   any person who is attached or seconded as an officer to the Defence Forces;

   "original member of High Command" means a member of the former National Resistance Army who was a member of the High Command on the 26th January, 1986;

   "peace enforcement" means the deployment of troops under Chapter 7 of the United Nations Charter;

   "peace keeping" means the deployment of troops under Chapter 6 of the United Nations Charter;

   "pensions authority" has the meaning assigned to it in the Pensions Act;

   "pensionable emoluments" means the rate of salary in issue to an officer or a militant at the time of retirement or discharge; or to an officer or a militant of equivalent rank to the retired or discharged officer or militant at the time of his or her retirement or discharge;

   "Permanent Secretary" means the Permanent Secretary of the Ministry;

   "possession" by any person means—

(a)   having in his or her own personal possession;

(b)   knowingly having in the actual possession or custody of any other person; or

(c)   knowingly having in any place, whether belonging to or occupied by himself or herself or not, for the use or benefit of himself or herself or any other person;

   "prescribed force" means a force prescribed by Parliament under paragraph (c) of subsection (2) of section 3;

   "public officer" and "Public Service" have the same meaning as in the Constitution;

   "release" means, except for the purposes of section 88, the termination of the service of an officer or a militant in any manner;

   "reckonable service" means continuous full pay service in the Uganda Peoples' Defence Forces; and includes, any prior full pay service in any other Defence Forces of Uganda by whatever name called or in any other forces recognised by the Defence Forces Council in respect of which a pension is not in issue or for which a gratuity has not been granted, subject to such exclusions as may be prescribed;

   "reservist" means a member of the Reserve Forces;

   "senior army officer" means an officer of the then National Resistance Army who held the substantive rank of senior officer on 26th January, 1986;

   "senior officer" means a person of the rank of Major or above as per the highest rank offered in the establishment at the time;

   "service" means service in the Defence Forces;

   "Service" means a component part of the Defence Forces specified in subsection (2) of section 3;

   "Service Chief of Staff" means a Service Chief of Staff specified in paragraph (f) or (g) of subsection (2) of section 8;

   "Service Commander" means a Service Commander specified in paragraph (c), (d) or (h) of subsection (2) of section 8;

   "service custody" means the holding under arrest or in confinement of a person by the Defence Forces, and includes confinement in a service prison or detention barracks;

   "service detainee" means a person who is under a sentence that includes a punishment of detention imposed upon him or her under this Act;

   "service offence" means an offence under this Act or any other Act for the time being in force, committed by a person while subject to military law;

   "service prisoner" means a person who is under a sentence that includes a punishment of imprisonment imposed upon him or her under this Act;

   "stoppages" means the recovery, by deductions from the pay of an offender, of a specified sum of money by way of compensation for any expense, loss or damage occasioned by the offence;

   "summary trial" means an informal trial of a minor offence conducted by a summary trial authority under section 205 by which the accused has duly opted to be tried;

   "summary trial authority" means a commanding officer or an officer commanding in exercise of his or her powers of summary trial under section 191 or a superior authority;

   "superior authority" means, except for the purpose of section 253, the Chief of Defence Forces, Service Commanders, the Chief of Staff, or Service Chiefs of Staff in exercise of the powers of summary trial under section 191;

   "superior officer" means any officer or militant who, in relation to any other officer or militant is, by this Act or by regulations made under this Act or by custom of the Defence Forces, authorised to give a lawful order to that other officer or militant;

   "unit" means a unit of battalion strength or any other unit as declared by the Defence Forces Council;

   "war materials" includes arms, ammunition, parts of arms, explosives and other materials ordinarily reserved for the Defence Forces and shall include such other materials that are so declared by the Defence Forces Council.

PART II
COMPOSITION, ORGANS AND STRUCTURES OF THE DEFENCE FORCES.

Composition.

3.   Composition of the Defence Forces.

(1) There shall be armed forces to be known as the Uganda Peoples' Defence Forces—

(a)   The Uganda Peoples' Defence Forces shall be non-partisan, national in character, patriotic, professional, disciplined, productive and subordinate to civilian authority;

(b)   Members of the Uganda Peoples' Defence Forces shall be citizens of Uganda and of good character.

(2) The Uganda Peoples' Defence Forces shall be composed of the following services—

(a)   the land forces;

(b)   the air forces; and

(c)   any other service prescribed by Parliament.

(3) The President in the Defence Council shall determine the strength of the Defence Forces.

4.   Establishment and Composition of Services.

(1) Each of the Services of the Defence Forces shall consist of—

(a)   regular forces; and

(b)   reserve forces.

(2) Each regular force, reserve force or any prescribed force shall consist of such units and shall be under the immediate supervision and control of such officers as may be prescribed by the Defence Forces Council.

5.   Composition of Regular Forces.

   Each regular force shall consist of—

(a)   officers commissioned by the President;

(b)   militants enrolled in accordance with regulations under this Act for the purpose of rendering continuous service during the period of their engagement; and

(c)   such other officers and militants as are attached to the regular force under arrangements made by the Government.

6.   Sources and organisation of Reserve Forces.

(1) The sources of the reserve forces shall include—

(a)   personnel seconded from the regular forces;

(b)   retired officers and discharged militants;

(c)   auxiliary forces, state security organisations and such other citizens of Uganda as have undergone military training under Article 17(2) of the Constitution.

(2) Membership of the Reserve Forces shall be restricted on the basis of the following criteria—

(a)   human resource requirement determined by threat analysis and other security considerations;

(b)   age;

(c)   health, especially physical as well as mental fitness; and

(d)   any other factors as may from time to time be determined by the High Command and the Defence Forces Council.

(3) Notwithstanding Subsection (2), whenever the need arises, any retired officer or discharged militant or any member of the auxiliary forces who has not been absorbed into the reserve forces may be called upon for service in the reserve forces.

(4) Regulations made under this Act shall clearly define the sources of the reserve forces, the command structure, command authority and command relationship within the reserve forces and between the reserve forces and the regular forces.

Command, appointments, etc.

7.   Functions of the Defence Forces.

   The functions of the Defence Forces are—

(a)   to preserve and defend the sovereignty and interior integrity of Uganda;

(b)   to cooperate with civilian authority in emergency situations in cases of natural disasters;

(c)   to foster harmony and understanding between the Defence Forces and civilians;

(d)   to engage in productive activities for the development of Uganda.

8.   Commander in Chief of the Defence Forces, etc.

(1) As provided in clause (1) of article 98 of the Constitution, the President shall be the Commander in Chief of the Defence Forces.

(2) The Commander in Chief may appoint—

(a)   an officer of the Defence Forces to be known as the Chief of Defence Forces to be head of the Defence Forces, who shall be responsible for the command, control and administration of the Defence Forces;

(b)   an officer of the Defence Forces to be known as the Deputy Chief of Defence Forces;

(c)   an officer of the Defence Forces to be known as the Commander Land Forces who shall be responsible for the command, control and administration of the Land Forces;

(d)   an officer of the Defence Forces to be known as the Commander Air Forces who shall be responsible for the command, control and administration of the Air Forces;

(e)   an officer of the Defence Forces to be known as the Chief of Staff who shall be responsible for the control and administration of the Defence Forces;

(f)   an officer of the Defence Forces to be known as Land Forces Chief of Staff who shall be responsible for the control and administration of the Land Forces;

(g)   an officer of the Defence Forces to be known as Air Forces Chief of Staff who shall be responsible for the control and administration of the Air Forces;

(h)   such other officer of the Defence Forces under such title as the Commander in Chief may deem fit to be the Commander of any Service of the Defence Forces prescribed under paragraph (c) of subsection (4) of section 3, who shall be responsible for the command, control and administration of that Service and shall be responsible to the Chief of Defence Forces;

(i)   officers of the Defence Forces to command units and formations of the Services, who shall be responsible for the command, control and administration of the units;

(j)   officers of the Defence Forces to head departments of the Services, who shall be responsible to the relevant Service Chief of Staff for the management of the departments; and

(k)   such advisors and assistants or any other officer in the office of the Commander in Chief of the Defence Forces as he or she deems necessary to assist him or her in the exercise of the duties of that office.

9.   Powers of Command.

   The authority and powers of command of the officers and militants of the Defence Forces shall be as prescribed in regulations under this Act.

10.   Powers of command of officers of co-operating and other forces.

   (1)   Where—

(a)   under section 46, the President declares that any force is a force acting in co-operation with the Defence Forces or any part of it; or

(b)   under section 47, any member of a force to which that section applies is attached or seconded to the Defence Forces,

a member of such co-operating force or, as the case may be, the person so attached or seconded, shall be treated, and shall have the like powers of command and, in the case provided for in paragraph (b) of this subsection, of discipline over members of the Defence Forces as if he or she were a member of the Defence Forces of equivalent rank.

(2) Regulations may provide that a member of the military, naval or marine or air forces of any other country who is acting in association with the Defence Forces shall be accorded courtesy precedence consonant with his or her rank and, in any case where it is considered necessary or expedient for furthering such association, such authority and powers of command as may be specified in the regulations.

11.   Appointments.

(1) Command appointments of formations, units and other elements of the Defence Forces which, by the establishment of the Defence Forces, are commanded or headed by officers of the established rank for the appointment of Battalion Commander or above shall be made by the Commander in Chief in consultation with the Chief of Defence Forces.

(2) Command appointments of units and other elements of the Defence Forces which, by the establishment of the Defence Forces, are commanded or headed by officers below the established rank for the appointment of Battalion Commander shall be made by the Chief of Defence Forces.

(3) The appointment of militants to hold appointments in the Defence Forces shall be by the unit commander or head of department, as the case may be, in consultation with the Chief of Personnel and Administration of the Defence Forces.

(4) The considerations set out in subsection (1) of section 55 shall, as far as possible, apply when considering an officer or a militant for an appointment.

12.   Location of units and formations.

(1) The permanent locations of units and formations of the Defence Forces within Uganda shall be determined by the Commander in Chief in consultation with the High Command.

(2) The Chief of Defence Forces may, when he or she considers it necessary so to do by reason of training requirements or operational necessity, exercise the powers conferred upon the Commander-in Chief by subsection (1) and shall notify the Minister of any action taken in that regard; except that the Chief of Defence Forces shall not authorise the permanent re-allocation of any unit or detachment.

13.   Authorised ranks, trades.

(1) The various ranks for officers and militants of the Defence Forces and seniority within those ranks shall be in accordance with regulations made under this Act.

(2) The Defence Forces Council may determine the maximum numbers of persons in each rank and trade group in the Defence Forces.

Organs and structures of the defence forces.

14.   The Defence Forces Council.

(1) There shall be established for the purposes of this Act a Uganda Peoples' Defence Forces Council consisting of—

(a)   members of the High Command;

(b)   persons who were senior army officers on the 26th day of January 1986, whose names are set out in the Second Schedule of this Act;

(c)   all Directors of Services established under this Act; and

(d)   Commanding Officers of Brigades and Battalions and officers commanding equivalent units of the Defence Forces.

(2) The Chairperson of the Uganda Peoples' Defence Forces Council shall be the President, and in the absence of the President, the Vice President, and in the absence of the Vice President, the Minister and in the absence of the Minister, such other person as the President may appoint.

(3) The Defence Forces Council shall—

(a)   advise the President on all matters connected with the control and administration of the Defence Forces; and

(b)   be responsible for giving professional advice on military defence policy generally; and

(c)   perform such duties as may be conferred upon it by law.

15.   High Command.

(1) There is established under this Act the High Command of the Defence Forces consisting of—

(a)   the President, who shall be the Chairperson;

(b)   the Minister;

(c)   members of the High Command on 26th January, 1986 whose names are set out in the Third Schedule to this Act;

(d)   the Chief of Defence Forces;

(e)   the Deputy Chief of Defence Forces;

(f)   all Service Commanders;

(g)   the Chief of Staff;

(h)   all Service Chiefs of Staff;

(i)   all Chiefs of the Services of the Defence Forces;

(j)   all commanders of any formations higher than a Division that the President may, in consultation with the High Command, establish;

(k)   all Division Commanders, officers commanding equivalent units of the Defence Forces and the Commandant of the General Headquarters;

(l)   such commanders of the military wing of the liberation organisations specified in subsection (3) of section 82; as may from time to time be co-opted by the President; and

(m)   such other commanders and experts as are from time to time co-opted by the President to advise the High Command.

(2) The High Command shall—

(a)   advise the President in emergency situations and on matters relating to national security or deployment of the Defence Forces;

(b)   advise the President when Uganda is at war;

(c)   perform such duties as may be conferred upon it by law; and

(d)   perform such other functions as the President may direct.

16.   Meetings of the Defence Forces Council and the High Command.

   Meetings of the Defence Forces Council and the High Command shall be regular in each year, but shall not be less than three in every calendar year.

17.   Attendance of meetings.

   A senior army officer or an original member of the High Command, shall not be entitled to sit or take part in the proceedings of the Defence Forces Council or the High Command if—

(a)   he or she has been convicted of any offence; or

(b)   there is a criminal case pending against him or her in a court of law,

other than a traffic offence.

18.   Command and Staff Meeting.

(1) There is established under this Act the Command and Staff Meeting of the Defence Forces.

(2) The Command and Staff Meeting shall consist of—

(a)   the Chief of Defence Forces who shall be the Chairperson;

(b)   the Deputy Chief of Defence Forces;

(c)   all Service Commanders;

(d)   the Chief of Staff;

(e)   all Service Chiefs of Staff;

(f)   all Chiefs of Departments of the Services of the Defence Forces;

(g)   all commanders of any formations higher than a Division that the President may, in consultation with the High Command, establish;

(h)   all Division Commanders and the Commandant of the General Headquarters of the Defence Forces;

(i)   Commanding Officers of independent units;

(j)   all Brigade Commanders; and

(k)   all Directors in departments of the Services.

(3) The Chief of Defence Forces may co-opt persons in possession of technical or professional knowledge to advise the Meeting whenever necessary.

(4) The Command and Staff Meeting shall—

(a)   formulate policy for consideration and approval by the High Command and the Defence Forces Council; and

(b)   perform such other functions as the Chief of Defence Forces may direct.

(5) Meetings of the Command and Staff Meeting shall be regular in each year, but shall not be less than four in each calendar year.

19.   Implementation Committee.

(1) There shall be an Implementation Committee of the Defence Forces responsible for supervising and ensuring implementation of the decisions of the Staff and Command Meeting, the High Command and the Defence Forces Council.

(2) The Implementation Committee shall consist of—

(a)   the Chief of Staff who shall be the Chairperson;

(b)   all Service Chiefs of Staff;

(c)   all Chiefs of Departments of the Services of the Defence Forces;

(d)   all commanders of any formations higher than a Division that the President may, in consultation with the High Command, establish;

(e)   all Division Commanders and the Commandant of the General Headquarters of the Defence Forces;

(f)   all Directors in Departments of the Services; and

(g)   Commanding Officers of independent units.

(3) The Implementation Committee shall meet at least once in each month.

20.   Commissions Board.

(1) There is established a Board to be known as the Commissions Board which shall consist of—

(a)   the Chief of Defence Forces who shall be the Chairperson;

(b)   Deputy Chief of Defence Forces;

(c)   all Service Commanders;

(d)   the Chief of Staff;

(e)   the Chief of Operations and Training of each Service;

(f)   all Service Chiefs of Staff;

(g)   the Chief of Personnel and Administration of each Service one of whom shall be the Secretary;

(h)   the Chief of Military Intelligence and Security of each Service;

(i)   the Chief Political Commissar of each Service;

(j)   the Chief of Legal Services of each Service;

(k)   the Commandant of the General Headquarters of the Defence Forces; and

(l)   the Chief of Career Planning of each Service.

(2) The Chairperson of the Commissions Board may from time to time co-opt commanders and technical persons or experts to advise the Board.

(3) The functions of the Commissions Board shall be—

(a)   to give advice to the President in respect of appointment of persons to commissions in the Defence Forces;

(b)   to select officers to undergo courses;

(c)   to recommend officers to undertake promotions examinations after successful completion of the requisite courses and after such periods thereafter as shall be prescribed;

(d)   to give advice to the President on the promotion of officers to different ranks in the Defence Forces;

(e)   to receive officers' grievances relating to promotions and to find solutions to those grievances; and

(f)   to monitor the retirement of officers due for retirement and to determine any termination of service.

(4) In the absence of the Chief of Defence Forces, the Deputy Chief of Defence Forces shall preside at a meeting of the Commissions Board.

21.   Unit Promotions Board.

(1) There is established a Unit Promotions Board for each unit of the Defence Forces which shall consist of—

(a)   the commanding officer who shall be the Chairperson;

(b)   the Officer in Charge of Operations and Training;

(c)   the Adjutant, who shall be the Secretary;

(d)   the Intelligence Officer;

(e)   the Political Commissar;

(f)   all officers in charge of companies; and

(g)   the Regimental Sergeant Major.

(2) The Unit Promotions Board in the case of medical personnel shall be constituted as follows—

(a)   the commanding officer who shall be the Chairperson;

(b)   the Second in Command of the unit;

(c)   the Adjutant, who shall be the Secretary;

(d)   the Intelligence Officer;

(e)   the Political Commissar;

(f)   all Heads of Department; and

(g)   the Regimental Sergeant Major.

(3) The functions of the Unit Promotions Board shall be—

(a)   to select militants to undergo courses;

(b)   to recommend militants to undertake promotions examinations after successful completion of the requisite courses and after such periods thereafter as shall be prescribed;

(c)   to give advice to the Chief of Defence Forces on the promotion of militants up to the rank of Warrant Officer;

(d)   to receive militants' grievances relating to promotions and find solutions to those grievances; and

(e)   to monitor the discharge of militants due for discharge and to determine any termination of service.

(4) In the absence of the commanding officer, the Officer in charge of Operations and Training or in the case of medical, the second-in-command of the unit shall preside at a meeting of a Unit Promotions Board.

22.   Meetings of the Board.

(1) The Board shall meet for the discharge of its functions as often as business requires and in any case at least once in every three months at a time and place that the Chairperson may appoint.

(2) The quorum at a meeting of the Commissions Board shall be five members.

(3) Questions proposed at a meeting of the Board shall be determined by consensus.

23.   Policy and Administration Committees.

(1) There shall be a Unit Policy and Administration Committee for each unit of the Defence Forces which shall consist of—

(a)   the commanding officer of the unit who shall be the Chairperson;

(b)   all heads of department;

(c)   all officers of the unit; and

(d)   the Regimental Sergeant Major.

(2) The Unit Policy and Administration Committee shall be responsible for—

(a)   implementation of policies of the Defence Forces in the unit; and

(b)   formulation and supervision of administrative policies of the unit.

(3) The Unit Policy and Administration Committee shall sit at least once in every three months.

24.   Pensions authority and the Ministry responsible for defence.

(1) The pensions authority shall be responsible for the assessment, grant and payment of pensions and gratuities under sections 70 to 81 and other similar matters prescribed by or under this Act.

(2) The Ministry responsible for defence shall facilitate the assessment, grant and payment of pensions and gratuities under this Act by the pensions authority.

25.   Committees.

   The President may, in consultation with the Defence Forces Council, create and appoint committees for the proper administration of the Defence Forces.

26.   Board of Inquiry.

(1) The President or any person authorised for the purpose by the President, or any prescribed person may, where the President or such person thinks it expedient that information on any matter connected with the government, discipline, administration, material or functions of the Defence Forces or affecting any officer or militant is necessary, appoint a Board of Inquiry for investigating and reporting on that matter.

(2) The Board of Inquiry shall be constituted and its procedure shall be in accordance with regulations under this Act.

27.   Defence Forces Fund.

(1) There is established a fund to be known as the Defence Forces Fund.

(2) All fines imposed for any offence under this Act, gifts, donations, proceeds of sale of farm produce and funds generated by any other projects managed by or on behalf of the Defence Forces shall be paid into the Defence Forces Fund.

(3) The funds paid into the Defence Forces Fund shall be utilised in accordance with regulations made under this Act.

PART III
EMPLOYMENT OF THE DEFENCE FORCES.

Continuous full time service, active service, attachment and secondment, etc.

28.   Service of members of Regular Forces.

   Every member of a Regular Force shall be on continuing military service and shall at all times be liable to be employed on active service.

29.   Inspectorate of Defence Forces.

(1) There is established Inspectorate of Defence Forces which shall be headed by Inspector General of Defence Forces.

(2) The Inspector General of Defence Forces shall be answerable to the Chief of Defence Forces.

(3) The functions of the Inspectorate of Defence Forces shall be—

(a)   to ensure accountability and transparency within Defence Forces;

(b)   to combat graft and generally ensure professionalism and modernisation of the Defence Forces;

(c)   to ensure that all work and task assigned to particular departments and offices are discharged within the set period;

(d)   to promote and foster strict adherence to the rule of law, human rights and principles of natural justice in the armed forces;

(e)   to perform such other functions as the Chief of Defence Forces may assign.

30.   Reserve Forces in peacetime.

   During peacetime, the functions of the Reserve Forces shall be the following—

(a)   production;

(b)   mobilisation and sensitisation of the civilian population;

(c)   supporting the maintenance of security in Uganda;

(d)   supporting the civil authorities in the case of disasters; and

(e)   reinforcing civil authorities with professional skills as the need arises.

31.   Mobilisation of Reserve Forces and prescribed forces.

(1) The Commander in Chief may order the whole or any part of any Reserve Force or any prescribed force to be on continuing full time military service for such period as he or she may determine.

(2) Upon an order being made under subsection (1), the Reserve Force or prescribed force, to which the order relates shall be liable to be employed on active service.

(3) When mobilised for continuing full time military service, the functions of the officers and militants of the Reserve Forces mobilised shall be—

(a)   in the case of war, during the pre-hostilities phase—

(i)   to gather intelligence and disorganise the enemy's war preparations;

(ii)   to mobilise logistics such as commandeering transport in support of the war effort;

(b)   during the combat phase—

(i)   to operate covertly behind enemy lines;

(ii)   to reinforce, when necessary, the Regular Forces in combat;

(iii)   to assist in the evacuation of casualties;

(iv)   to participate in the logistic support chain;

(v)   to mobilise and sensitise the population in the theatre of operations against the enemy and in support of the war effort;

(vi)   to carry out any other duties in the rear assigned by command in support of the war effort;

(c)   after hostilities, to participate in operations to pacify the country.

(4) Where the Reserve Forces or any prescribed forces have been mobilised under an order made under subsection (1), the officers and militants of the Reserve Forces or any prescribed force or part of it to which the order applies shall, during the continuance of the order, be deemed for all purposes, except for such purposes as may be prescribed in the order, be part of the corresponding Regular Forces.

(5) During peacetime, the respective civil authorities in whose employment they are, shall remunerate members of the Reserve Forces and, at the same time, the Reserve Forces command shall identify and organise income generating projects for the benefit of reservists as well as to support the national economy.

32.   Mode of mobilisation.

   Whenever the Reserve Forces or any prescribed forces are required, the following two methods of mobilisation may be used—

(a)   the silent method whereby only those reservists or members of a prescribed force required will be notified and mobilised;

(b)   the loud method by which the whole of a Reserve Force is mobilised through the use of radio and other electronic media to respond quickly to surprise attack or similar emergency.

33.   Annual training.

(1) Every reservist or member of a prescribed force shall be liable to be called out for training at such place and for such periods not exceeding 30 days in any one year as may be specified in regulations made under this Act.

(2) Every reservist or member of a prescribed force may, during any training for which he or she may be called, be attached to and trained with any unit of the Regular Forces.

34.   Punishment for nonattendance.

(1) Any reservist or member of a prescribed force who, without leave, lawfully granted or other reasonable excuse fails to appear at the time and place appointed for annual training, or when called out in aid of the civil power under sections 42 and 44 or on continuing full time military service—

(a)   if called out on continuing full time military service, commits an offence of desertion under section 146 or of absenting himself or herself without leave under section 148; or

(b)   if called out in aid of the civil power or for annual training, commits an offence of absenting himself or herself without leave under section 148.

(2) Any reservist who commits any offence under this section is liable to be tried by military court and to be punished in accordance with the punishment provided for the offence under this Act.

(3) Section 184 shall apply to reservists and members of a prescribed force who commit an offence against this section as it applies to persons otherwise subject to this Act.

35.   Discharge on completion of engagement.

(1) Every reservist who has completed his or her period or periods of reserve service or engagement according to this Act or regulations made under this Act, shall be discharged from the Reserve Forces, unless at the expiration of any period he or she is undergoing punishment for, or stands charged as a person subject to this Act with the commission of, any offence under this Act.

(2) Where reservist is undergoing such punishment or is charged with any such offence, his or her service shall be prolonged, and his or her discharge deferred until the punishment is terminated or until he or she has undergone his or her trial and any punishment imposed in respect of the offence with which he or she is charged.

36.   Discharge during service.

   A reservist may be discharged by the competent military authority at any time during the currency of any term of reserve service or engagement—

(a)   when pronounced by a medical officer to be mentally or physically unfit for further service; or

(b)   if for any reason his or her services are no longer required.

37.   Restrictions during full time service.

(1) Subject to subsection (2), no officer or militant on continuing full time military service shall engage in any civil employment or undertaking which—

(a)   is or is likely to be detrimental to the interests of the Defence Forces;

(b)   reflects or is likely to reflect discredit upon the Defence Forces; or

(c)   in the case of officers and militants of a Regular Force, is continuous.

(2) Subsection (1) does not apply to an officer or a militant who is—

(a)   on leave immediately preceding release; or

(b)   on leave without pay;

except that, any such officer or militant shall not engage in a civil employment or undertaking that reflects or is likely to reflect discredit upon the Defence Forces.

(3) Without prejudice to the general effect of subsection (1), the Minister may, by regulations made under this Act, specify the types of business that officers and militants shall not engage in.

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