REFERENDUM AND OTHER PROVISIONS ACT, 2005.
ARRANGEMENT OF SECTIONS.
Section
PART I
PRELIMINARY.
PART II
REFERENDA GENERALLY.
4. Electoral Commission to be responsible for referenda.
6. Majority of votes required in a referendum.
7. Where no side obtains required majority.
8. Publication of results of a referendum.
9. Application of other electoral laws.
10. Persons entitled to vote at a referendum.
11. Right of citizens to demand referenda.
12. Canvassing for a referendum.
13. Prohibition of incitement to public disorder, etc.
PART III
CHANGE IN POLITICAL SYSTEM BY REFERENDA OR BY PETITIONS AND RESOLUTIONS.
15. Referenda for change in political system under article 74(1) of the Constitution.
18. Subsequent elections to be held under adopted system.
19. Parliament to approve other political systems before acceptance in referendum.
PART IV
RATIFICATION OF BILLS BY DISTRICT COUNCILS UNDER ARTICLE 260 OF THE CONSTITUTION.
PART V
AGENTS OF SIDES IN A REFERENDUM.
22. Equal treatment to all sides.
23. Rights and duties of agents etc.
PART VI
CHALLENGING RESULTS OF REFERENDA.
24. Challenging results of referenda.
27. Appeals to Court of Appeal.
PART VII
MISCELLANEOUS.
28. Prohibition of ethnic or religious symbols etc.
32. Power of Minister to amend First Schedule.
First Schedule Currency point.
Second Schedule Question for approval of a Bill by the referendum under article 259 of the Constitution.
Third Schedule Question for ratification of a Bill by the members of district councils under article 260 of the Constitution.
CHAPTER 142A
REFERENDUM AND OTHER PROVISIONS ACT, 2005.
Commencement: 22 February, 2005.
An Act to make provision for the holding of referenda in pursuance of the provisions of articles 74 and 76 of the Constitution; to give effect to articles 255, 259 and 260 of the Constitution; to cater for a change in the political system by representatives of the people in Parliament and district councils under article 74(2) of the Constitution; to repeal and replace the Referendum Act and to provide for other matters connected with or incidental to the foregoing.
PART I
PRELIMINARY.
This Act may be cited as the Referendum and Other Provisions Act, 2005.
In this Act unless the context otherwise requires—
"agent" means a person authorised by a side to represent the side in a referendum;
"Commission" means the Electoral Commission established by article 60 of the Constitution;
"currency point" has the meaning assigned to it in the First Schedule to this Act;
"election officer" includes a returning officer, assistant returning officer, registration officer, assistant registration officer and any other officer appointed by or under the authority of the Commission with responsibility for registration of voters, or for presiding over voting in any election or for counting votes at any election.
"Minister" means the Minister responsible for public elections and referenda;
"side" means the supporter of an affirmative answer to a question in a referendum or the supporter of a negative answer to a question in a referendum, as the case may be, and sides shall be taken to mean both the supporters of an affirmative answer and the supporters of a negative answer to a question in a referendum.
PART II
REFERENDA GENERALLY.
(1) Referenda shall be held in the following circumstances—
(a) if a demand is made by citizens of Uganda under article 255 of the Constitution and the provisions of section 11 of this Act are complied with;
(b) if a request is made for the holding of a referendum under paragraph (a), (b), or (c) of clause (1) of article 74 of the Constitution and the provisions of section 15 of this Act are complied with; and
(c) if a referendum is required for amending the Constitution under article 259 of the Constitution.
(2) Where a referendum is to be held under this section, the Commission shall, in consultation with the sides in the referendum, frame the question to be used in the referendum.
(3) Any question submitted to a referendum under this section shall be framed so as to enable the voters to make a choice.
(4) In a referendum the voting may be on one question or a series of questions.
(5) For the avoidance of doubt, two or more referenda may be held on the same day.
4. Electoral Commission to be responsible for referenda.
(1) For the avoidance of doubt, the Commission shall organise, conduct and supervise all referenda held under this Act.
(2) The Commission shall, by notice published in the Gazette, notify the date for a referendum to be held under this Act and shall state in the notice the issue in respect of which the referendum is to be held.
(3) The Commission shall provide for the referendum to be held everywhere on the same day in the whole of Uganda or as the case may be, in the whole of the part of Uganda where the referendum is intended to be held, unless it is impracticable so to do; and in that case the referendum may be held on different dates in different places as is practicable.
(4) Where the referendum is to take place in a particular part of Uganda the notice issued under subsection (2) shall specify clearly the boundaries of that part.
(5) The Commission shall, at least two months before a referendum, formulate and implement civic education programmes relating to the referendum.
(1) Before polling begins in a referendum, the presiding officer at each polling station shall open each ballot box to be used at that polling station and show it to the voters present as being empty and shall give the voters present reasonable opportunity to inspect the ballot box.
(2) The Commission shall, in consultation with the sides, select symbols which shall be used on the ballot paper in a referendum to facilitate the exercise of a choice by voters.
(3) The symbols agreed upon shall be published in the Gazette.
(4) At a referendum, voting shall, subject to the provisions of the Constitution, be by secret ballot using one ballot box at each polling station for all sides in the referendum.
(5) Immediately after the close of the poll, the presiding officer shall proceed to count at the polling station, the ballot papers of that station and record the votes cast in favour of or against each question.
(6) Subject to this Act, agents of a side in a referendum shall be entitled to be present at the polling station throughout the period of voting, counting and tallying of the votes and ascertaining of the results of the poll.
(7) The presiding officer and the sides contesting in the referendum or their agents, if any, shall sign and retain a copy of a declaration stating—
(a) the polling station;
(b) the number of votes cast in favour of each question;
and the presiding officer shall there and then, announce the results of the voting at that polling station before communicating them to the returning officer.
(8) The following shall apply in respect of the signing of the declaration and the announcement of results of voting under subsection (7)—
(a) the sides or their agents shall sign the declaration form before the announcement of the results under subsection (7);
(b) where any of the sides or their agents refuse or fail to sign the declaration form—
(i) the sides and their agents refusing or failing to sign shall record on the declaration form the reasons for the refusal or failing to sign; and
(ii) where they refuse or fail to record the reasons, the presiding officer shall record the fact of their refusal or failure;
(c) where any side or agent is absent, the presiding officer shall record the fact of their absence;
(d) the refusal or failure of a side or agent to sign any declaration form under subsection (7) or to record the reasons for their refusal to sign as required under this subsection shall not by itself invalidate the results announced under subsection (7);
(e) the absence of a side or an agent from the signing of a declaration form or the announcement of results under subsection (7) shall not by itself invalidate the results announced under subsection (7).
6. Majority of votes required in a referendum.
Subject to the provisions of the Constitution and this Act, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum.
7. Where no side obtains required majority.
Where in any referendum no side obtains the majority referred to in section 6, the position prevailing before the referendum and in respect to which a decision by way of referendum was sought, shall remain.
8. Publication of results of a referendum.
(1) The Commission shall ascertain, publish and declare in writing in the prescribed form, under its seal, the results of a referendum within 48 hours from the close of final polling in the referendum.
(2) The Commission shall publish the results of the referendum in the media and shall, within 14 days after publication of the results under subsection (1), cause them to be published in the Gazette.
(3) For all purposes of the referendum, the results published in the Gazette shall be taken to be the official results of the referendum.
9. Application of other electoral laws.
(1) This Act shall be read as one with the Electoral Commission Act.
(2) The provisions of the Parliamentary Elections Act, relating to voting, counting and tallying of votes and announcing of results of elections shall, subject to this Act, apply to a referendum held under this Act, with such modifications as may be necessary.
(3) The Commission may also apply to a referendum held under this Act such other provisions of the Parliamentary Elections Act,
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.