Court Martial To Try Civilians: A Dangerous Departure From The Constitution
A Citizen's Proposal for Responsible Reform If the state insists on involving court martials in civilian matters, the framework must be tightened to ensure justice is not sacrificed. I propose the following strictly limited circumstances under which civilians may appear before a military tribunal:
Uganda Today Edition: Court Martial To Try Civilians: A Dangerous Departure From The Constitution
“Parliament shall not pass any law that seeks to alter the decision or judgment of any court as between the parties to the decision or judgment.” Article 92 of Uganda’s Constitution unequivocally stipulates.
On 20th May 2025, Uganda’s Parliament passed the UPDF Amendment Bill—an ill-conceived law that grants the General Court Martial authority to try civilians. This move represents a blatant negation of Uganda’s Constitution and the fundamental principles of justice and separation of powers.
The Constitution is clear. Article 92 prohibits Parliament from enacting any law with the intention of overriding a court decision:
“Parliament shall not pass any law that seeks to alter the decision or judgment of any court as between the parties to the decision or judgment.”
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This provision was designed to prevent legislative overreach and protect the independence of the judiciary. By passing the UPDF Amendment Bill in response to judicial decisions that previously ruled against the trial of civilians in military courts, Parliament has directly contravened this sacred clause.
Why This Bill Is Problematic
Historically, military courts have been confined to members of the armed forces under military law. Extending their jurisdiction to civilians sets a dangerous precedent. This bill, rushed through Parliament with insufficient public consultation, risks compromising civil liberties, violating human rights, and undermining the rule of law.
A Citizen’s Proposal for Responsible Reform
If the state insists on involving court martials in civilian matters, the framework must be tightened to ensure justice is not sacrificed. I propose the following strictly limited circumstances under which civilians may appear before a military tribunal:
NUP’s Kyagulanyi & NRM donning berets. The enactment of the law for reinstatement of the court martial to try civilians, also touches on the colour of red beret as a preserve of the army and therefore bars civilians from the use of the same. Red is a colour synonymous with NUP on all its promotional materials.
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Possession of military-grade weapons or security equipment unlawfully
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Direct participation in crimes involving military personnel
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Attacks on security officers or installations
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Active membership in insurgent or terror groups (e.g. ADF, cattle rustlers)
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Crimes of grave national security concern
Essential Reforms for Safeguarding Rights
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Parliamentary Oversight
Regular audits and public reporting on court martial activities are vital to ensure transparency. -
Human Rights Monitoring
The Uganda Human Rights Commission must embed legally trained civilian advocates in military tribunals. -
Judicial Supervision
All court martial proceedings involving civilians must be subject to review or supervision by the Supreme Court to maintain judicial integrity. -
Enhanced Role of Police and Amendments to the Police Act
Internal law enforcement—not the military—should lead investigations into civilian offenses. The Police Directorate of Legal Services is best suited for this. -
Uganda Prisons Service Involvement
As the agency responsible for rehabilitation, the Prisons Service must be part of the prosecutorial and post-conviction process. -
Inclusion of Civilian Judges
A hybrid military-civilian panel must be formed for any court martial hearing involving civilians to ensure impartiality. -
Respect for Internal Disciplinary Structures
Existing units like the Police Professional Standards Unit and the Prisons Council must remain the first recourse for disciplining their own members.
Conclusion
Let us be clear: this bill is not just controversial—it is unconstitutional. It undermines judicial independence, violates the separation of powers, and risks militarizing civilian justice. Uganda must walk back from this legislative brink and instead pursue reforms grounded in fairness, legality, and constitutionalism.
FOR GOD AND MY COUNTRY.
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