Schedule 1 to the Constitution of Uganda, 1962.

The Constitution of Buganda


Arrangement of articles.

Article

  1. Interpretation.
  2. The Kabaka.
  3. Regents.
  4. The Ministry.
  5. Conduct of Kabaka's Government.
  6. Kabaka to be kept informed.
  7. Procedure when Lukiiko meets after dissolution.
  8. Election of Katikkiro-designate.
  9. Election of candidates for Ministerial offices.
  10. Appointment of Ministers.
  11. Transfer of Ministers.
  12. Vacancies among the Ministers.
  13. Vote of no confidence in Ministry.
  14. Special procedure for financial measures.
  15. Tenure of office of Ministers.
  16. Termination of appointment of Minister for misconduct or incapacity.
  17. Termination of appointment of Minister for failure to carry out policy of Ministry.
  18. The Attorney-General of Buganda.
  19. Permanent Secretaries to Ministries and divisional administrative officers.
  20. Constitution of the Lukiiko.
  21. Qualifications for elected membership.
  22. Electoral Boundary Commissioner.
  23. Delimitation of constituencies.
  24. Elections.
  25. Determination of questions as to membership of Lukiiko.
  26. Prorogation and dissolution of the Lukiiko.
  27. Speaker and Deputy Speaker.
  28. Presiding in Lukiiko.
  29. Standing Orders for Lukiiko.
  30. Determination of questions in Lukiiko.
  31. Legislature of Buganda.
  32. Authorisation of expenditure.
  33. Audit of accounts.
  34. Public Accounts Committee.
  35. Committees of Lukiiko.
  36. Buganda Public Service Commission.
  37. Appointment of officers Of Kabaka's Government.
  38. Tenure of office and disciplinary control of officers of Kabaka's Government.
  39. Appointment, etc. of members of Kabaka's police force.
  40. Staff regulations.
  41. Chiefs in Buganda.

1. Interpretation

(1) In this Constitution, unless the context otherwise requires -

"Lukiiko" means the Lukiiko of Buganda;

"Minister" means a member of the Ministry constituted by article 4 of this Constitution;

"minor" means, in relation to the Kabaka, a person under the age of eighteen years.

(2) Any reference in this Constitution to an officer in the service of the Government of Uganda or the Kabaka's Government by the term designating his office shall be construed as a reference to the officer for the time being lawfully performing the functions of the office.

2. The Kabaka

(1) The Kabaka (King) who is the Ruler of Buganda shall be elected by a majority of the votes in the Lukiiko.

(2) The range of election shall be limited to the Royal Family of Buganda, that is to say, the descendants of Kabaka Mutesa I.

(3) The Kabaka shall enjoy all the titles, dignities and pre-eminence that attach to the office of Kabaka under the law and custom of Buganda and the Namasole, the Nalinya Lubuga and the other members of the Royal Family of Buganda shall enjoy all such titles and precedence as they have heretofore enjoyed.

3. Regents

(1) (a) If at any time the Kabaka is a minor or is unable, other than by reason only of his absence from Buganda, to perform his functions under this Constitution, the Lukiiko shall elect three persons to be Regents.

(b) A Regent elected under sub-paragraph (a) of this paragraph shall cease to hold office

(i) when the Kabaka becomes able to perform his functions under this Constitution;

(ii) if he resigns by writing under his hand addressed to the Speaker; or -

(iii) if his appointment is terminated by resolution of the Lukiiko upon a motion proposed by not less than twenty members of the Lukiiko and in favour of which there are cast the votes of not less than two-thirds of all the members of the Lukiiko.

(c) The Lukiiko may elect a person to any office of Regent if at any time during the subsistence of a Regency under this paragraph that office has become vacant.

(2) (a) Whenever the Kabaka has occasion to be absent from Buganda, he may by writing under his hand appoint three persons to be Regents during such absence.

(b) A Regent appointed under sub-paragraph (a) of this paragraph shall cease to hold office

(i) upon the return of the Kabaka to Buganda;

(ii) if he resigns by writing under his hand addressed to the Kabaka;

(iii) if his appointment is terminated by the Kabaka; or

(iv) if the Kabaka ceases to be able to perform his functions under this Constitution otherwise than by reason of absence from Buganda.

(c) The Kabaka may appoint a person to any office of Regent if at any time during the subsistence of a Regency under this paragraph that office has become vacant.

(d) The powers referred to in this paragraph shall not be exercisable during any period in which the Kabaka is a minor or is for any other cause other than absence from Buganda unable to perform his functions under this Constitution.

(3) During the subsistence of a Regency under paragraph (1) or paragraph (2) of this article, the Regents shall, so long as they observe the terms of this Constitution, and subject to the provisions of paragraph (5) of this article, have full authority to perform the functions of the Kabaka under this Constitution.

(4) A Regent shall not assume the functions of the office of Regent unless he has first taken an oath for the due performance of the office in the form following-

"I . , do hereby swear that I will be loyal to the Kabaka of Buganda, his heirs and successors, and will well and truly perform the functions of the office of Regent of Buganda according to law and will uphold the peace, order and good government of Buganda, and will do right to all manner of people, according to the Constitution, the laws, and the customs of Buganda, without fear or favour, affection or ill-will. So help me God."

(5) (a) Any function of the Kabaka under this Constitution shall be performed by the Regents in the same manner, so far as custom allows, as that in which the functions would be performed by the Kabaka save that file signature of two Regents shall he a sufficient signification of the will of the Regents.

(b) Where any matter is dependent on the decision of the Regents, any decision shall be regarded as the decision of the Regents if two of the Regents are in favour thereof.

(c) If any Regent is absent from Buganda or for any other reason unable to perform the functions of a Regent or if the office of one of the Regents is vacant, it shall he sufficient if the functions of the Regents are performed by two Regents.

4. The Ministry

(1) There shall be a Ministry for Buganda, which shall be called "the Kabaka's Council of Ministers" and is hereinafter sometimes for brevity referred to as "the Ministry".

(2) The Kabaka's Council of Ministers shall consist of

  1. the Katikkiro;
  2. the Ornulamuzi;
  3. the Omuwanika;
  4. the Minister of Health and Works;
  5. the Minister of Education;
  6. the Minister of Natural Resources;
  7. the Minister of Local Government:

Provided that the number and designation of members of the Ministry other than the Katikkiro, the Omulamuzi and the Omuwanika may be varied from time to time by resolution passed by the Lukiiko.

(3) When there is occasion for the resignation of the Ministry to be tendered, the Katikkiro shall tender the resignation of the Ministers collectively to the Kabaka through the Speaker, and the Kabaka shall thereupon accept the resignation:

Provided that where the resignation is tendered in accordance with the provisions of article 7 of this Constitution, the Kabaka shall not accept the resignation until the Katikkiro-designate submits to him the names of persons selected for the ministerial offices in accordance with article 9 (6) of this Constitution.

(4) Each member of the Ministry shall have such responsibilities as may be determined by the Katikkiro.

5. Conduct of Kabaka's Government

(1) The Kabaka's Council of Ministers as a whole shall be charged with the conduct of the Kabaka's Government, and each Minister shall be individually responsible for such departments of the Kabaka's Government as may be placed in his charge.

(2) All acts of the Kabaka's Government shall, save in so far as law and custom otherwise require, be done in the name of the Kabaka.

(3) Where any function under this Constitution is exercisable by the Kabaka, that function shall, unless a contrary intention appears, be exercised by him by means of a written instrument signed by him in the presence of a Minister, who shall sign the same as witness.

(4). (a) Where it is provided in this Constitution that the Kabaka may exercise a power upon the recommendation of any person or authority he shall exercise that power in accordance with the recommendation.

(b) (i) A statement in writing signed by the Katikkiro that the Kabaka has exercised any power that is required to be exercised upon the recommendation of the Katikkiro or of the Ministry in accordance with the recommendation shall be conclusive evidence of that fact.

(ii) A certified true copy of a minute of the Buganda Public Service Commission or of any committee appointed by the Kabaka under this Constitution recording that the Kabaka has exercised any power that is required to be exercised upon the recommendation of the Commission or committee in accordance with the recommendation shall be conclusive evidence of that fact.

6. Kabaka to be kept informed

The Katikkiro shall keep the Kabaka fully informed on all important matters concerning the Kabaka's Government.

7. Procedure when Lukiiko meets after dissolution

(1) When the Lukiiko meets for the first time after any dissolution thereof, the resignation of the Kabaka's Council of Ministers then in office shall be tendered.

(2) When the resignation of the Ministry has been tendered in accordance with paragraph (1) of this article, a Katikkiro-designate shall he elected in accordance with the procedure laid down in article 8 of this Constitution and candidates for the ministerial offices shall be elected in accordance with the procedure laid down in article 9 of this Constitution.

8. Election of Katikkiro-designate

(1) The Speaker shall fix a day by which nominations of candidates for the office of Katikkiro shall be submitted to him.

(2) (a) Any person may be nominated as a candidate for the office of Katikkiro, whether or not he is a member of the Lukiiko, by not less thin five members of the Lukiiko.

(b) Nominations shall be submitted in writing, signed by the members making them, to the Speaker on or before the day fixed by him in that behalf.

(3) The Speaker shall prepare a list of the persons who have been duly nominated and shall cause copies of the list to be laid before the Lukiiko.

(4) On the fifth weekday after the list has been so laid or such other day as the Speaker shall consider convenient, the Lukiiko shall by secret ballot elect as Katikkiro-designate one of the persons whose name appears on the list.

(5) If at any time the office of Katikkiro is vacant, the Speaker shall keep the Kabaka informed of the progress of elections under this article.

9. Election of candidates for Ministerial offices

(1) When the Katikkiro-designate has been elected, the Speaker shall fix a day by which nominations of candidates for the ministerial offices other than the office of the Katikkiro shall be submitted to him.

(2) Any person may be nominated as a candidate for the ministerial offices, whether or not he is a member of the Lukiiko, either by the Katikkiro-designate or by not less than three members of the Lukiiko.

(3) Nominations shall be for the ministerial offices generally and not for any particular ministerial office, and shall be submitted in writing, signed by the person or persons making them, to the Speaker, oil or before the day fixed by him in that behalf:

Provided that

(a) no person other than the Katikkiro-designate shall join in nominating more than three candidates;
(b) the Katikkiro-designate shall not nominate more thin five candidates.

(4) The Speaker shall prepare a list of the persons who have been duly nominated for the ministerial offices and shall cause copies of the list to be laid before the Lukiiko and, if the names of more than fifteen persons appear in the list, the Lukiiko shall on the third weekday thereafter, or on such other day is the Speaker shall consider convenient, by secret ballot elect as candidates for the ministerial offices fifteen persons from among those persons whose names appear in the list.

(5) The Katikkiro-designate shall select persons for appointment to the ministerial offices from the persons whose names appear in the list of candidates or, if the names of more than fifteen persons appear in that list, from the names of the persons elected as candidates by the Lukiiko.

(6) The Katikkiro-designate shall submit the names of the persons selected under the foregoing provisions of this article to the Kabaka with a recommendation that each such person shall be appointed to a particular ministerial office.

(7) If at any time the office of the Katikkiro is vacant, the Speaker shall keep the Kabaka informed of the progress of elections under this article.

10. Appointment of Ministers

When the names of persons selected for the ministerial offices have been submitted to the Kabaka, the Kabaka shall appoint the Katikkiro-designate to be Katikkiro by, handing him the Ddamula and, not earlier than the following day, the Kabaka shall appoint the persons selected to the ministerial offices for which they have been recommended by the Katikkiro-designate by receiving their homage and allegiance in customary form in respect of such offices.

11. Transfer of Ministers

(1) The Kabaka may, on the recommendation of the Katikkiro, transfer the holder of any ministerial office, other than the office of Katikkiro, to another such ministerial office.

(2) When any person is to be transferred from one ministerial office to another under this article, he shall tender his resignation from the office that he is relinquishing to the Kabaka, who shall then receive his homage and allegiance in customary form in respect of the office to which he is being transferred.

12. Vacancies among Ministers

(1) If the offices of the Ministers become vacant at any time by reason of the resignation of the Ministry under article 13 of this Constitution a Katikkiro-designate and candidates for the ministerial offices other than the office of Katikkiro shall be elected in accordance with the procedure laid down in articles 8 and 9 of this Constitution, and the Katikkiro-designate and the other persons so elected shall be appointed to be Ministers in accordance with article 10 of this Constitution.

(2) (a) If the office of Katikkiro becomes vacant at any time otherwise than by reason of the resignation of the Ministry, a Katikkiro-designate shall be elected in accordance with the procedure laid down in article 8 of this Constitution, and the Kabaka shall appoint him to be Katikkiro by handing him the Ddamula.

(b) When a Katikkiro has been appointed in pursuance of subparagraph (a) of this paragraph, the other Ministers holding office at the time of the appointment shall tender their resignations to the Kabaka, and the Katikkiro shall recommend to the Kabaka in relation to each Minister either that he should accept or that he should refuse the resignation, and the Kabaka shall act in accordance with the recommendation.

(c) If by reason of the acceptance of resignations, the offices of the Ministers other than the Katikkiro become vacant -

(i) the Speaker shall fix a day by which nominations of candidates for the ministerial offices other than the office of Katikkiro shall he submitted to him;

(ii) any person, not being a person who held office as a Minister at the time when the Katikkiro was appointed, may be nominated as a candidate for the ministerial offices, whether or not he is a member of the Lukiiko, either by the Katikkiro or by not less than three members of the Lukiiko;

(iii) nominations shall be for the ministerial offices generally and not for any particular ministerial office, and shall be submitted in writing, signed by the person or persons making them, to the Speaker on or before the day fixed by him in that behalf:

Provided that -

(a) no person other than the Katikkiro shall join in nominating more than three candidates;

(b) the Katikkiro shall not nominate more than five candidates;

(iv) the Speaker shall prepare a list of the persons who have been duly nominated for the ministerial offices and shall cause copies of the list to be laid before the Lukiiko and if the names of more than ten persons appear in the list, the Lukiiko shall on the third weekday thereafter, or on such other day as the Speaker shall consider convenient, by secret ballot elect as candidates for the vacant ministerial offices ten persons from among those persons whose names appear in the list;

(v) the Katikkiro shall select persons for appointment to the ministerial offices from the persons whose names appear in the list of candidates or, if the names of more than ten persons appear in that list, from the names of the persons elected as candidates by the Lukiiko;

(vi) the Katikkiro shall submit the names of the persons selected under the foregoing provisions of this sub-paragraph to the Kabaka with a recommendation that each such person shall he appointed to a particular ministerial office, and the Kabaka shall appoint the persons selected to the ministerial offices for which they have been recommended by receiving their homage and allegiance in customary form in respect of those offices.

(3) (a) If a ministerial office other than that of the Katikkiro becomes vacant at any time otherwise than by reason of the resignation of the Ministry, the Speaker shall, so soon as convenient, fix a day by which nominations of candidates for the office shall be submitted to him.

(b) Any person may be nominated for the vacant office whether or not he is a member of the Lukiiko, either by the Katikkiro or by not less than three members of the Lukiiko,

(c) Nominations shall be submitted in writing, signed by the person or persons making them, to the Speaker on or before the day fixed by him in that behalf:

Provided that no person shall join in nominating more than one candidate.

(d) The Speaker shall prepare a list of the persons who have been duly nominated for the vacant office and shall cause copies of the list to be laid before the Lukiiko; and if the names of more than five persons appear in the list, the Lukiiko shall on the third weekday thereafter, or on such other day as the Speaker shall consider convenient, by secret ballot elect as candidates for the vacant office five persons from among those persons whose names appear in the list.

(e) The Katikkiro shall select a person for appointment to the vacant office from the persons whose names appear in the list of candidates or, if the names of more than five persons appear in that list, from the names of the persons elected as candidates by the Lukiiko.

(f) The Katikkiro shall submit the name of any person selected under the foregoing provisions to the Kabaka, and the Kabaka shall appoint him to the vacant office by receiving his homage and allegiance in customary form in respect of the office.

13. Vote of no confidence in Ministry

(1) If a motion declared by the Speaker under paragraph (3) of this .article to be a motion of no confidence in the Kabaka's Council of Ministers on an important matter, in favour of which there are cast the votes of not less than two-thirds of all the members of the Lukiiko, is carried by the Lukiiko, the resignation of the Ministry shall be tendered to the Kabaka through the Speaker.

(2) Fourteen days' notice shall be given to the Lukiiko by the Speaker before any such motion is debated.

(3) If in the opinion of the Speaker any motion (including a motion that has been amended) that has been proposed by not less than twenty members of the Lukiiko is a motion signifying no confidence in the Ministry on an important matter, he shall declare it as such and his declaration shall be final.

Provided that any motion proposed by not less than forty of the Lukiiko that specifically expresses no confidence in the Ministry shall be deemed for the purpose of this article to be a motion of no confidence in the Ministry on an important matter and shall he declared by the Speaker to be such a motion.

14. Special procedure for financial measures

(1) If any Appropriation bill or Supplementary Appropriation bill of the Kabaka's Government or any bill or motion for making financial provision for any purpose is proposed in the Lukiiko by a Minister, and the bill or motion is rejected by the Lukiiko, the Katikkiro may give notice to the Speaker that he proposes to treat the said bill or motion as a matter of confidence in the Ministry.

(2) At any time not less than fourteen days and not more than twenty-eight days after notice has been given to the Speaker in pursuance of paragraph (1) of this article, a Minister may again introduce the bill or motion with or without amendment.

(3) If the bill or motion is then rejected by the Lukiiko by the votes of not less than two-thirds of all the members of the Lukiiko, a vote of no confidence in the Kabaka's Council of Ministers shall be deemed to have been carried by the Lukiiko, and the resignation of the Ministry shall be tendered in accordance with the provisions of article 4 (3) of this Constitution; but in any other case the bill or motion shall be deemed to have been passed by the Lukiiko.

(4) In this article the expression "rejected by the Lukiiko" means not passed by the Lukiiko without amendment or passed by the Lukiiko with amendments that are not acceptable to the Ministry.

15. Tenure of office of Ministers

(1) The office of a Minister shall become vacant

(a) if the holder of the office resigns by writing under his hand addressed to the Kabaka through the Speaker;
(b) if the resignation of the Ministry is accepted by the Kabaka; or
(c) if the appointment is terminated under articles 12, 13, 16 or 17 of this Constitution.

(2) Whenever the office of the Katikkiro becomes vacant the Ddamula shall be delivered to the Kabaka forthwith in the customary manner.

(3) If at any time the office of a Minister is vacant, the functions of the Minister shall be discharged during the period of the vacancy in such manner as the Katikkiro or, if the office of the Katikkiro is vacant, the remaining Ministers shall decide:

Provided that if the offices of all the Ministers are vacant, the functions of each Minister (other than those functions that he performs in his capacity as a member of a Lukiiko) shall, during the period in which the said office remains vacant, be discharged by the Permanent Secretary to that Minister.

16. Termination of appointment of Minister for misconduct or incapacity

(1) The Kabaka shall terminate the appointment of a Minister if he is convicted of a criminal offence and is sentenced to imprisonment without the option of a fine.

(2) If a Minister is convicted of a criminal offence and is not sentenced to imprisonment without the option of a fine, and the offence in the opinion of the Kabaka might involve moral turpitude, the Kabaka shall appoint a committee, consisting of such persons as he shall consider suitable, to enquire into the nature of the offence; and the committee shall, if it is satisfied that the offence involved moral turpitude, inform the Kabaka accordingly, and thereupon the Kabaka shall terminate the appointment of the Minister.

(3) If in the opinion of the Kabaka a Minister may have become incapable of performing his functions as a Minister by reason of physical or mental infirmity, the Kabaka shall appoint a committee consisting of such persons as he shall consider suitable to enquire into the matter; and the committee shall, if it is satisfied that the Minister has become incapable of performing his functions as a Minister by reason of physical or mental infirmity, inform the Kabaka accordingly and thereupon the Kabaka shall terminate the appointment of the Minister.

17. Termination of appointment of Minister for failure to carry out policy of Ministry

(1) If in the opinion of the Katikkiro any Minister has failed to carry out the policy or the decisions of the Ministry either persistently or in respect of an important matter, he may call a meeting of the Ministers, and propose that the Minister should be dismissed.

(2) The proposal shall be put to the Vote, and if a majority of the votes of the Ministers are cast in favour of the proposal, the Katikkiro shall recommend to the Kabaka that he should terminate the appointment of that Minister and the Kabaka shall terminate the appointment accordingly.

(3) Each Minister, other than the Minister whose dismissal is proposed, may vote on the proposal and in the event of an equality of votes the Katikkiro may exercise a casting vote as well as an original vote.

18. The Attorney-General of Buganda

(1) There shall be in Attorney-General for Buganda, who shall be the principal legal Adviser to the Kabaka's Government.

(2) The Attorney-General of Buganda shall be entitled to appear on behalf of the Kabaka's Government in all civil proceedings in which the Kabaka's Government is a party.

(3) The Attorney-General of Buganda shall be entitled to take part in the proceedings of the Lukiiko, but shall not be entitled to vote unless he is a member.

(4) The Director of Public Prosecutions of Uganda shall be responsible for the control of all criminal proceedings in Buganda except criminal proceedings instituted in the Principal Court or in any Buganda Court functioning under the Buganda Courts Ordinance in regard to which prosecutions the Director of Public Prosecutions of Buganda shall have general responsibility, supervision and control.

19. Permanent Secretaries to Ministries and divisional administrative officers

(1) There shall be a Permanent Secretary to each Minister.

(2) The Permanent Secretary to the Katikkiro shall be Head of the Buganda Civil Service.

(3) There shall be such number of divisional administrative officers as the Katikkiro shall determine, who shall be responsible to the Katikkiro.

20. Constitution of the Lukiiko

The Lukiiko (which shall be the Legislative Assembly of Buganda) shall be composed of:-

(a) sixty-eight elected members, elected in accordance with the provisions of articles 21, 23 and 24 of this Constitution;
(b) the Chief of each saza (not exceeding twenty in number);
(c) six members appointed by the Kabaka from among persons who appear to him to be of importance in the country; and
(d) those members of the Kabaka's Council of Ministers who are not members of the Lukiiko by virtue of paragraph (a), (b) or (c) of this article:

Provided that the number of Ministers of the Kabaka's Government who are ex-officio members of the Lukiiko by virtue of this paragraph shall not exceed six.

21. Qualifications for elected membership

(1) A person shall be qualified for election as an elected member of the Lukiiko if he has the qualifications prescribed by the Constitution of Uganda for election as an elected member of the National Assembly (other than any qualification relating to the ability to speak English) and is not disqualified by or under that Constitution for election as such a member.

(2) No person shall be qualified for election or appointment as a member of the Lukiiko if he is a Minister of the Government of Uganda, a parliamentary Secretary or the Attorney-General of Uganda.

22. Electoral Boundary Commissioner

(1) The Kabaka's Government shall whenever it shall be necessary for the review of the boundaries of constituencies appoint an Electoral Boundary Commissioner.

(2) The Electoral Boundary Commissioner shall be an independent and impartial person and, in the discharge of his functions under this Constitution, shall not be subject to the direction or control of any other person or authority.

(3) The Electoral Boundary Commissioner shall be appointed for such period as may be agreed between the Commissioner and the Kabaka's Government as being necessary for the performance of his functions under article 23 of this Constitution and during that period he shall not be removed from office by the Kabaka's Government except for inability to discharge the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour.

23. Delimination of constituencies

(1) For the purposes of elections to the Lukiiko, Buganda shall be divided into as many constituencies as there are elected members of the Lukiiko in such manner as the Electoral Boundary Commissioner may, by order published in the Akiika Embuga, prescribe.

(2) The boundaries of each, constituency shall be such that the electorate, as far as practicable, is equal in all constituencies.

(3) The boundaries of the constituencies for elections to the Lukiiko shall be reviewed by an Electoral Boundary Commissioner from time to time at intervals of not more than five years, and, upon the completion of the review, the Electoral Boundary Commissioner may make such alterations in the boundaries of the constituencies as he may consider necessary to give effect to the provisions of paragraph (2) of this article.

24. Elections

The following provisions shall apply to the election of the elected members of the Lukiiko:

(a) each constituency shall be represented by one elected member;

(b) every person whose name appears on the parts of the register of electors prepared for the election of elected members of the National Assembly which relate to the area included in a constituency shall be entitled to vote at elections of an elected member of the Lukiiko to represent that constituency;

(c) the elections shall be conducted in accordance with the general law of Uganda relating to the election of elected members of the National Assembly:

Provided that the President, after consultation with the Kabaka's Government, may by order make such modification in that law, for the purposes of its application to elections to the Lukiiko, as he may consider necessary.

25. Determination of questions as to membership of Lukiiko

The High Court of Buganda shall have original jurisdiction to hear and determine any question whether any person has been validly appointed, selected or elected as a member of the Lukiiko.

26. Prorogation and dissolution of the Lukiiko

(1) The Kabaka may at any time prorogue or dissolve the Lukiiko.

(2) The Lukiiko, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

(3) In the exercise of his powers to dissolve the Lukiiko, the Kabaka shall act in accordance with the recommendation of the Katikkiro.

Provided that the Kabaka may, at any time, dissolve the Lukiiko if he considers it to be in the interests of Buganda to do so, notwithstanding that the Katikkiro has not recommended a dissolution or has recommended that the Lukiiko should not be dissolved.

27. Speaker and Deputy Speaker

(1) When the Lukiiko first meets after any dissolution thereof, the members present shall, before transacting any other business, elect a Speaker and a Deputy Speaker of the Lukiiko.

(2) As often as the office of Speaker or the Deputy Speaker falls vacant otherwise than by reason of a dissolution of the Lukiiko, the members thereof shall as soon as is practicable elect a person to the office.

(3) A person may be elected to be Speaker whether or not he is a member of the Lukiiko.

(4) No person shall be elected as Deputy Speaker unless he is a member of the Lukiiko.

(5) The Speaker shall receive such salary as may from time to time be determined by a Buganda law.

(6) The office of the Speaker or the Deputy Speaker shall become vacant -

(a) upon a dissolution of the Lukiiko;

(b) if the holder of the office resigns his office by writing under his hand addressed to the Katikkiro;

(c) in the case of the Deputy Speaker, if he ceases to be a member of the Lukiiko otherwise than by reason of a dissolution thereof; or

(d) if his appointment is terminated by a resolution of the Lukiiko upon a motion proposed by not less than twenty members of the Lukiiko and in favour of which there are cast the votes of not less than two-thirds of all the members of the Lukiiko.

28. Presiding in Lukiiko

There shall preside at meetings of the Lukiiko

(a) the Speaker;

(b) in the absence of the Speaker, the Deputy Speaker;

(c) in the absence of the Speaker and the Deputy Speaker, such person as may be elected by the Lukiiko from among the members of the Lukiiko.

29. Standing Orders for Lukiiko

Subject to the provisions of this Constitution, the Lukiiko may make Standing Orders for the regulation and orderly conduct of its own proceedings and for the passing of Buganda laws.

30. Determination of questions in Lukiiko

(1) Save as otherwise provided in this Constitution

(a) all questions proposed for decision in the Lukiiko shall be determined by a majority of the votes of the members present and voting:

Provided that neither the Speaker, nor the Deputy Speaker, nor any member of the Lukiiko while presiding therein, shall have a vote or be entitled to take part in debate;

(b) if on any question the votes are equally divided, the motion shall be lost.

(2) No business except that of adjournment shall be transacted in the Lukiiko if there are present (besides the Speaker or other person presiding) less than forty-five members of the Lukiiko.

31. Legislature of Buganda

(1) The Legislature of Buganda shall consist of the Kabaka acting with the advice and consent of the Lukiiko.

(2) The power of the legislature of Buganda to make laws shall be exercised by bills passed by the Lukiiko and assented to by the Kabaka.

(3) When a bill has been passed by the Lukiiko it shall be submitted by the Katikkiro to the Kabaka, who shall sign the same in token of assent.

(4) A Law passed by the Legislature of Buganda shall be published in the Akiika Embuga in Luganda and in the Uganda Gazette in English, and shall come into force on the date of its publication in the Akiika Embuga, whether or not the Law has been published in the Uganda Gazette by such date. Provided however that such Law may postpone the operation of any of its provisions or provide for any of its provisions taking effect retrospectively.

32. Authorisation of expenditure

(1) The Omuwanika shall cause to be prepared and laid before the Lukiiko in each financial year estimates of the revenues and expenditure of Buganda for the next following financial year.

(2) The heads of expenditure contained in the estimates shall be included in a bill to be known as an Appropriation bill, providing for the issue from the funds of the Kabaka's Government of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

(3) If in respect of any financial year it is found that the amount appropriated by the Appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Appropriation law, a supplementary estimate showing the sums required shall be laid before the Lukiiko and the heads of any expenditure shall be included in a supplementary Appropriation bill.

(4) Before submitting estimates to the Lukiiko the Omuwanika shall cause those estimates to be sent to the Minister of the Government of Uganda responsible for finance and the Kabaka's Government shall consider the observations of that Minister on those estimates.

33. Audit of accounts

(1) The public accounts of the Kabaka's Government shall be audited and reported on by the Controller and Auditor-General of the Uganda Government or by such other auditor as may be approved by the Controller and Auditor-General and for that purpose the auditor or any person authorised by him in that behalf shall have access to all books, records, reports and other books relating to those accounts.

(2) The Kabaka's Government shall send to the auditor the accounts of that Government duly made up within four months of the conclusion of the period to which they refer.

(3) The auditor shall submit his report to the Minister of the Government of Uganda responsible for finance and to the Kabaka's Government and the Kabaka's Government shall cause the auditor's report together with the accounts to which it refers to be published in the Uganda Gazette and the Akiika Embuga.

34. Public Accounts Committee

(1) The Lukiiko shall appoint a Public Accounts Committee from amongst its members whose duties shall be to consider the accounts of the Kabaka's Government in conjunction with the auditor's report and to report to the Lukiiko -

(a) in the case of any excess or unauthorised expenditure of funds the reasons for such expenditure; and

(b) any measures it considers necessary in order to ensure that the funds of the Kabaka's Government are properly and economically spent.

(2) The Public Accounts Committee shall submit its report to the Omuwanika within three months of the publication of the accounts and the report of the Public Accounts Committee together with the Omuwanika's comments thereon shall be laid on the table of the Lukiiko and published in the Uganda Gazette and in the Akiika Embuga within two months of its submission to the Omuwanika.

(3) The Public Accounts Committee shall be entitled to see any observations made by the Minister of the Government of Uganda responsible for finance under the provisions of article 32 of this Constitution.

35. Committees of Lukiiko

(1) The Lukiiko may establish standing and ad hoc committees, consisting of members of the Lukiiko, for any purpose.

(2) The Lukiiko may establish standing committees to advise the Ministers responsible for the following subjects: -

(a) finance;
(b) public works;
(c) education;
(d) health;
(e) natural resources;
(f) local government and community development:

Provided that the Lukiiko may by resolution vary the subjects specified in this paragraph.

(3) Each standing committee established under paragraph (2) of this article shall be under the chairmanship of the Minister who is responsible for the subject with which the committee is dealing, and its function shall be to study that subject and advise the Minister thereon.

(4) The Permanent Secretary to the Minister who is chairman of the committee and any other persons who are required by the committee for its efficient working may attend and take part in the deliberations of any committee established under paragraph (2) of this article; but shall not vote therein.

(5) Nothing in this article shall apply to or affect the functions of the standing committees of the Lukiiko in existence at the commencement of this Constitution.

36. Buganda Public Service Commission

(1) There shall be established a Buganda Public Service Commission (hereinafter in this article referred to as "the Commission"), which shall consist of -

(a) a chairman, who shall be appointed by the Kabaka; and

(b)three other persons, who shall be appointed by the Kabaka upon the recommendation of the Ministry.

(2) The Ministry shall recommend for appointment as members of the Commission persons who they are satisfied are experienced in public affairs but are not at the time actively engaged in politics.

(3) The office of a person appointed to be a member of the Commission in pursuance of paragraph (1) (a) or (b) of this article, shall become vacant-

(a) in the case of the Chairman, at the expiration of four years from the date of his appointment;

(b) in the case of a member of the Commission other than the Chairman, at the expiration of three years from the date of his appointment;

(c) if he resigns; or

(d) if his appointment is terminated under paragraph (4) of this article.

(4) (a) The Kabaka shall terminate the appointment of a member of the Commission if he is convicted of a criminal offence and is sentenced to imprisonment without the option of a fine.

(b) If a member of the Commission is convicted of a criminal offence and is not sentenced to imprisonment without the option of a fine, and the offence in the opinion of (the Kabaka might involve moral turpitude, the Kabaka shall appoint a committee consisting of such persons as he shall consider suitable to enquire into the nature of the offence; and the committee shall, if it is satisfied that the offence involves moral turpitude, inform the Kabaka accordingly, and thereupon the Kabaka shall terminate the appointment of the member.

(c) If in the opinion of the Kabaka a member of the Commission may have become incapable of performing his functions as a member of the Commission by reason of physical or mental infirmity, the Kabaka shall appoint a committee consisting of such persons as he shall consider suitable to enquire into the matter; and the committee shall, if it is satisfied that the member has become incapable of performing his functions as a member of the Commission by reason of physical or mental infirmity, inform the Kabaka accordingly, and thereupon the Kabaka shall terminate the appointment of the member.

37. Appointment of officers of Kabaka's Government

(1) (a) Appointments to the office of Permanent Secretary to a Minister, to the office of Saza Chief, Gombolola Chief, Muluka Chief and to the offices specified in the Schedule to this Constitution shall, subject to the provisions of this article and of article 19, be made by the Kabaka on the recommendation of the Buganda Public Service Commission.

(b) The Kabaka shall make appointments under this paragraph by receiving from each person to be appointed to an office his homage and allegiance in customary form in respect of that office.

(2) (a) The Buganda Public Service Commission shall, subject to the provisions of this article and of article 39, be responsible for the appointment of all officers and employees in the service of the Kabaka's Government other than those appointed by the Kabaka under paragraph (1) of this article.

(b) For the purposes of this paragraph the offices of Minister, Parliamentary Secretary, Speaker of the Lukiiko, Deputy Speaker of the Lukiiko and member of the Public Service Commission shall not be regarded as offices in the service of the Kabaka's Government.

(3) Appointments under this article shall be made in conformity with the provisions of the Buganda Staff Regulations.

38. Tenure of office and disciplinary control of officers of Kabaka's Government

(1) The office of a Permanent Secretary to a Minister or of a Saza Chief shall become vacant

(a) if the holder of the office resigns by writing under his hand addressed to the Kabaka through the Katikkiro; or

(b) if his appointment is terminated by the Kabaka on the recommendation of the Buganda Public Service Commission or, in the case of the Permanent Secretary to the Katikkiro, on the recommendation of the Katikkiro on the grounds of misconduct, inefficiency or ill health.

(2) An office in the service of the Kabaka's Government, not being an office to which paragraph (1) of this article or article 39 applies, shall become vacant

(a) if the holder of the office resigns; or

(b) if his appointment is terminated by the Buganda Public Service Commission on the grounds of misconduct, inefficiency or ill health.

(3) The Buganda Public Service Commission shall, subject to the provisions of this article and article 39, be responsible for the disciplinary control of all chiefs, officers and employees in the service of the Kabaka's Government.

(4) The powers conferred upon the Buganda Public Service Commission by this article shall be exercised in conformity with the provisions of the Buganda Staff Regulations.

(5) For the purposes of this article the offices of Minister, Speaker of the Lukiiko, Deputy Speaker of the Lukiiko and member of the Buganda Public Service Commission shall not be regarded as offices in the service of the Kabaka's Government.

39. Appointment, etc. of members of Kabaka's police force

(1) The following provisions shall apply in relation to appointments to offices in the Kabaka's Police Force

(a) appointments to the office of chief officer of the force shall be made by the Kabaka on the recommendation of the Buganda Public Service Commission after the Commission has consulted the Public Service Commission of Uganda and the Inspector-General;

(b) appointments to offices in the force of and above the rank of Assistant Superintendent shall be made by the Public Service Commission of Buganda after the Commission has consulted the Inspector-General;

(c) appointments to offices in the force below the rank of Assistant Superintendent shall be made by the chief officer of the force:

Provided that- 1.

(i) the chief officer shall, in making any such appointment, comply with any directions in writing with respect to the qualifications of any person selected for appointment that may be given by the Inspector-General;

(ii) no appointment shall take effect until it is confirmed by the Inspector-General.

(2) Subject to the provisions of this article, power to exercise disciplinary control over persons holding or acting in offices in the Kabaka's Police Force of and above the rank of Assistant Superintendent and to remove such persons from office shall vest in the public Service Commission of Buganda.

(3) Subject to the provisions of this article, power to exercise disciplinary control over persons holding or acting in offices in the Kabaka's Police Force below the rank of Assistant Superintendent and to remove such persons from office shall vest in the chief officer of the force.

(4) In such cases and subject to such conditions as may be prescribed by parliament an appeal shall lie -

(a) to a tribunal, consisting of such number of persons as may be prescribed by Parliament, appointed by the Kabaka in accordance with the recommendation of the, Public Service Commission of Uganda, from a decision to exercise disciplinary control or remove a person from office such as is referred to in paragraph (2) of this article;

(b) to the Inspector-General, from a decision to exercise disciplinary control or remove a person from office such as is referred to in paragraph (3) of this article.

(5) Any power to exercise disciplinary control or to remove from office, and any power to determine appeals from a decision made in exercise of such a power that is vested in any person by this article shall be exercised in accordance with such provision as may, subject to the provisions of this article, be made in that behalf by Parliament.

40. Staff regulations

(1) The Kabaka's Council of Ministers, after consultation with the Public Service Commission of Uganda, may make regulations, to be known as the Buganda Staff Regulations, for all or any of the following purposes relating to persons in or desiring to enter the service of the Kabaka's Government

(a) the manner in which the Buganda Public Service Commission shall carry out its functions;

(b) the maintenance of discipline;

(c) the regulation of appointments (including appointments on promotion and transfer), remuneration, termination of appointments and leave;

(d) providing for suspension from duty and salary to be paid during such suspension;

(e) regulating the payment of allowances, the making of advances and other terms and conditions of service;

(f) authorising the Buganda Public Service Commission to delegate its responsibilities under paragraph (2) of article 37 and paragraph (3) of article 38 of this Constitution in respect of such classes of officers and employees in the service of the Kabaka's Government is may be specified in the regulations; and

(g) such other matters relating to departmental procedure and the duties and responsibilities of chiefs, officers and employees, as the Ministers consider can be best regulated by such regulations.

(2) The Buganda Staff Regulations in so far as they relate to discipline, may, without prejudice to the generality of the provisions of paragraph (1) of this article, provide for

(a) withholding or deferring increments either permanently or for a specified period;

(b) reduction in rank or salary either permanently or temporarily; and

(c) deductions from salary in respect of damage to property caused by misconduct or breach of duty.

(3) The Buganda Staff Regulations as from time to time in force shall, except as otherwise provided in such regulations or in any contract of service, form part of the terms of service of any person to whom they apply.

41. Chiefs in Buganda

(1) At the head of each Saza in Buganda there shall be a chief who shall he called a Saza Chief and who shall be responsible to the Katikkiro for the administration of his Saza and for the collection of the taxes he is required to collect by the Katikkiro.

(2) Each Saza shall be divided into Gombololas and each such Gombolola shall be in charge of a chief who shall be called a Gombolola Chief. Each Gombolola shall he divided into Miruka, and in each Muluka there shall be a chief who shall be styled a Muluka Chief.

(3) Gombolola and Muluka Chiefs shall assist Saza Chiefs in the performance of their duties.

THE SCHEDULE TO THE CONSTITUTION OF BUGANDA.

The Attorney-General of Buganda.
The Solicitor General of Buganda.
The Director of Public Prosecutions, Buganda.
Divisional Administrative Officers.
The Senior Assistant Secretaries to Ministers.
Judges of the Kabaka's Courts (other than the Buganda High Court or persons, appointed by, or on the advice of, the Uganda Judicial Service Commission).
The Chief Officer of the Kabaka's Police Force.
The Information Officer.
The Legal Officer.
The Legal Draftsman.
The Land Officer.
The Clerk of Council.
The Private Secretary to the Kabaka.
The Superintendent of Works.
Assistants to the Superintendent of Works.
The Kabaka's Chamberlain.
The Superintendent of Prisons.
Deputy Saza Chiefs.
The Magistrates.
Scholarships Secretary.
Educational Secretary- General.
Education Officers.
Assistant Secretaries.
Public Relations Officer.
Forest Officer.
Chief Accountant.
Lukiiko Cashier.
Officer-in-Charge of Lukiiko Committee.
Registrar.

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