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TIIE REPUBLIC OT UGANDTT

THE CONSTITUTION (AMENDMENT) ACT, 2017.

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THE REPUBLIC OP UGANDA

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Act C onstitution ( Amendment ) Act 20L7

THE CONSTITUTION (AMENDMENT) ACT, 20I7

ARRANGEMENT OF ARTICLES

Article
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1. Amendment of article 61 of the Constitution
2. Amendment of article 77 of the Constitution
Penr II-AIaENDMENT op CsemBn Sevr,N
oF THE CoNsrrrutloN-Tue Exgcurlvs.

3. Replacement of article 102 of the Constitution.


4. Amendment of article 104 of the Constitution.
5. Amendment of article 105 of the Constitution.

Pnnr III-AMENDMENT op CHnrrEn ElBvBx op


Tue CoNsururroN-LocRI- GovgRNuExr.

6. Amendment of article 181 of the Constitution


1 Amendment of article 183 of the Constitution

Penr IV-AMENDMENT on' CHnrrEn NIxereEx


oF THE CoxsrrrurtoN-TneNslrtoNRI- PRovtstoNS

8 Replacement of article 289 of the Constitution.


9 Insertion of new article 289A.
10 Replacement of article Z9l of the Constitution.
Act C onstitution ( Amendment ) Act 20t7

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TI{E REPUBLIC oF UGANDa

THE CONSTTTUTION (AMENDMENT) ACT, 2017.

An Act to amend the Constitution of the Republic of Uganda in


accordance with articles 259 and 262 of the Constitution; to
provide for the time within which to hold presidential,
parliamentary and local government council electionsl to provide
for the term of Parliament; to provide for eligibility requirements
for a person to be elected as President or District Chairpersonl to
increase the number of days within which to file and determine a
presidential election petition; to increase the number of days
within which the Electoral Commission is required to hold a fresh
election where a presidential election is annulled; to provide for
limits on the tenure of the President; to provide transitional
provisions having regard to the amendments madeq and for
related matters.

DATS or Assexr:

Date of Commencement

Be rr ENncrno by Parliament as follows:


Panr I-ATaENDMENT oF CHAprEn FIve op THs CoNsrlrurtoN-
REpRESENTATToN oF Tue People.

1. Amendment of article 61 of the Constitution.


Article 61 of the Constitution is amended-

(a) by sr-rbstituting for clause (2) the following-


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Act Constitution (Amendment) Act 2017

"(2) The Electoral Commission shall hold presidential,


general parliamentary and local government council
elections within the first thirty days of the last one hundred
and twenty two days before the expiration of the term of
President, Parliament or local govelxment council as the
case may be."

(b) in clause (3), by deleting the word "presidential", appearing


immediately after the word "hold".

2. Amendment of article 77 of the Constitution.


Article ll of the Constitution is amended in clause (3) by substituting
for the word "five" appearing immediately before the word "years"
the word "seven".

Panr II-AMENDMENT or CHarT en SpvEx


OF THE CONSTITUTION-THE EXECUTIVC.

3. Replacement of article 102 of the Constitution.


For article 102 of the Constittttion, there is substituted the
following-
uL02.
Qualifications and disqualifications of the President.
(1) A person is qualified for election as President if that
person-

(a) is a citizen of Uganda by birth;

(b) is a registered voter; and

(c) has completed a minimum formal education of


Advanced Level standard or its equivalent.

(2) A person is not qualified for election as President if that


person-
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Act Constitution (Amendment ) Act C

(a) is of unsound mind;

(b) is holding or acting in an office the functions of which


involve a responsibility for or in connection with the
conduct of an election;

(c) is a traditional or cultural leader as defined in article


246(6) of this Constitution;

(d) has been adjudged or otherwise declared bankrupt


under any law in force in Uganda and has not been
discharged;

(e) is under a sentence of death or a sentence of


imprisonment exceeding nine months imposed by any
competent court without the option of a fine;

(0 has, within seven years immediately preceding the


election, been convicted by a competent collrt of an
offence involving dishonesty or moral turpitude; or

(g) has, within seven years immediately preceding the


election, been convicted by a competent court of an
offence under any law relating to elections conducted
by the Electoral Commission.

4. Amendment of article 104 of the Constitution.


Article 104 of the Constitution is amended by substituting for clauses
(2), (3) and (6) the following-

"(2) A petition under clause (1) of this article shall be


lodged in the Supreme Court registry within fifteen days after
the declaration of the election results.

(3) The Supreme Court shall inquire into and determine the
petition expeditiously and shall declare its findings and reasons
not later than forty five days from the date the petition is filed.
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Act Constitution (Amendment) Act 2017

(6) Where an election is annulled, a fresh election shall be


held within sixty days from the date of the annulment."

5. Amendment of article 105 of the Constitution.


Article 105 of the Constitution is amended-

(a) by substituting for clause (2) the following-

"(2) A person shall not hold office as President for


more than two terms."

(b) by inserting immediately after clause (2) the following-


"(2a) A bill for an Act of Parliament seeking to amend
this clause and clause (2) of this article shall not be taken as
passed unless-

(a) it is supported at the second and third reading in


Parliament by not less than two thirds of all
Members of Parliament; and

(b) has been referred to a decision of the people and


approved by them in a referendllm."

Panr III-AMENDMENT or CHnrreR ElevBN op


THB CousrrruttoN-LocRl GovBRNMENT.

6. Amendment of article 181 of the Constitution.


Article 181 of the Constitution is amended in clause (4), by
substituting for the word "five" appearing immediately before the
word "years" the word "seven".

7. Amendment of article 183 of the Constitution.


Article 183 of the Constitution is amended in clause (2) by repealing
paragraph (b).
ItiftARY
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Act Constitution ( Amendment ) Act 2017

Panr IV-AveNovexr oF CHAP"TER NINETEEN


OF T}IE CONSTITUTION-TRANSITIONAL PROViSIONS

8. Replacement of article 289 of the Constitution.


Article 289 of the Constitution is amended by sr-rbstituting for article
289 the following-

"289. Term of current Parliament.


Notwithstanding anything in this Constitr-rtion, the term of the
Parliament in existence at the time this article comes into force,
shall expire after seven years of its first sitting after the general
elections."

9. Insertion of new article 2894.


There is inserted, immediately after article 289, the following new
article-

"289A. Application of Clause 2 of article 105.


Clause 2 of article 105 shall come into effect upon dissolution of
the Parliament in existence at the commencement of this Act."

10. Replacement of article 291of the Constitution.


Article 291 of the Constitution is amended by substituting for article
291 the following-

"291. Term of current local government councils.


For the avoidance of doubt, the term of seven years prescribed
for local government councils by clause (4) of article 18 i of this
Constitution shall apply to the term of the local government
councils in existence at the commencement of this Act."
TI{E REPUBLIC OF UGAI\IDA

PARLIAMENT L"IBRARY
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This printed impression has been carefully


compared by me with the bill which was

passed by Parliament and found by me to be a


true copy of the bill.

G *r
Clerk to Parliament

Date of authentication.
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