The General Court Martial during one of the sittings in Makindye, Kampala recently. PHOTO/ FILE
The new law passed by Parliament on Tuesday to govern the army spells out five major offences, which, when committed by civilians, are triable in military tribunals.
The legislation will become enforceable once President Museveni signs it into law. For starters, the legislation spells out the exceptional circumstances under which a civilian can end up being tried in a military tribunal.
Mr Anthony Asiimwe, the vice president of the Uganda Law Society, told Saturday Monitor that lawmakers erred in passing a legislation that describes what an exceptional circumstance is in the first place.
“One cannot come up with exceptional circumstances because the United Nations describes exceptional circumstances as when a country is at war and the only options are these [military] courts which should also not operate beyond six months,” he opined, adding that the United Nations (UN) is mandated to maintain international peace and security.
Secondly, the new law lists 38 equipment or 26 ammunition that are the monopoly of the military. Consequently, if any civilian is found in possession of them, they shall be tried in the military courts. The law also subjects anyone found outside the country with the listed equipment and ammunition as liable to be tried in the military court. Dr Kizza Besigye, who is now facing treason charges, was in November last year charged with illegal possession of military equipment after he was abducted from Nairobi, where he had gone for a political engagement.
Illegal military wear
Thirdly, another category to be subjected to the court martial is people found in illegal possession of military wear that are listed in the new UPDF law. Lawmakers on the joint Legal and Parliamentary Affairs Committees, and that of Defence and Internal Affairs, who scrutinised the Bill before its reading and passing, also raised some issues for revision.
In their report, the MPs said several of the ceremonial wear, including ordinary black shoes, Kaunda suits in coffee brown, blue, and khaki, were categorised as exclusive wear for the military, and have the same colours of clothing and shoes as those typically donned by the public.
“Schedule 7B should be amended to include a requirement for marking military stores with the logos and insignia of the UPDF, thereby distinguishing them from civilian items. A provision should be inserted to restrict the wearing of camouflage military-style uniforms and berets by individuals who are not part of the military,” the report read in part.
Fourthly, the Act states that any person who will be found aiding or abetting or conspiring with another using the listed military equipment to commit murder, aggravated robbery, kidnap with intent of murder, treason, misprision of treason, and cattle rustling shall be subjected to trial in military tribunals. Fifthly, the new law also allows the trial of civilians who commit the offence while accompanying the unit or Defence Forces during the mission as a soldier who is on the rank of Private.
“… unless he or she holds from the commanding officer of the unit or other element of the Defence Forces that he or she so accompanies, or from any other officer prescribed by regulations, a certificate, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, entitling that person to be treated as an officer of a particular rank.”
Illegal equipment, ammunition
Schedule 7B lists the 38 ammunition as pistols, Avtomat Kalashnikov 1947 (AK-47) gun, Pulemot Kalashnikov, Machinegun, Model-16, Micro Galil, multiple grenade launcher, general purpose machine gun, light machine guns, rocket propelled grenade-40, Uzi guns, Gewehr3 self-loading rifle, semi-automatic rifle, 60mm mortar, and 82mm mortar.
Others are: 82mm recoilless rifle (82mm RR), 82mm recoilless rifle Ballistic, 12.7mm anti-aircraft machine gun, 35mm automatic grenade launcher, 40mm automatic grenade launcher, 40mm multiple grenade launchers, 40mm rocket propelled grenade, hand grenade, anti-tank grenade, anti-personnel grenade, smoke grenades, offensive grenade, defensive grenade, landmines, armed drones, anti-tank weapons, explosives, improvised explosive device, trinitrotoluene, plastic explosive, safety fuses, ammonium nitrate, water gel explosives, aluminum ignitors, and detonators. Relatedly, the ammunitions are: 7.62 x 25m, 7.65mm, 9 x 18mm, 9 x 19mm, 11.43 x 23mm (.45"), 40mm (1.5"), 9x19mm, 5.56 x 45mm, 7.62 x 51mm, 5.56 x 45mm, 7.62 x 39mm, 5.56 x 45mm, 7.62 x 39mm, 7.62 x 54mm, 12.7 x 99mm, 12.7 x 108mm, 35x32mm, 40 x 53mm, 40 x 46mm, 40 x 65mm, 60mm, 82mm, 37/38mm, 40 x 46mm, and 48mm, and 63mm.
THE NEW UPDF BILL
The landmark ruling by the Supreme Court, which stopped military courts from trying civilians, only revived the Uganda People’s Defence Forces (UPDF) Bill that had been gathering dust in Parliament since December 19, 2024. The reintroduced and controversial UPDF (Amendment) Bill, 2025, was then quickly passed by Parliament on Tuesday as the Opposition walked out, protesting that it was fast-tracked with little time for public participation and processing by the House.
