CHAPTER I: CONSTITUTIONAL ARRANGEMENTS IN BUGANDA.
The Kingdom of Buganda under the Kabaka's Government shall continue as heretofore to be an integral part of the Protectorate of Uganda.
Wheresoever in these Articles the term "Buganda Government" appears, it shall bear the same meaning as "Kabaka's Government".
The Kabaka shall succeed as heretofore to the throne of Buganda by descent and election of the Great Lukiko. The name of the person chosen by the Great Lukiko must be submitted to Her Majesty's Government for approval, and no person shall be recognised as Kabaka of Buganda whose election has not received the approval of Her Majesty's Government.
The Kabaka shall retain all his traditional titles and dignities and shall continue to be the symbol of unity of the people of Buganda and between their past, present and future; and all rules governing ceremonies and customs appertaining to such dignities of the Kabaka shall be observed.
Such constitutional reforms as may be brought into effect shall be consistent with the maintenance of the proper interests and dignity of the Royal House.
Permanent provision shall be made whereby the Namasole, the Sabalangira and the Speaker of the Great Lukiko shall be appointed as Regents in the event of the infancy, absence or total incapacity of the Kabaka.
Clan and succession cases shall be determined as heretofore, subject to the modifications shown in Appendix A.
The conduct of the affairs of the Kabaka's Government shall be the responsibility of Ministers. All public acts done by the Kabaka's Government shall, so far as law and custom so ordain be done in the name of the Kabaka. Formal communications with the Protectorate Government shall be transmitted to and by the Buganda Ministers in accordance with this arrangement.
The constitutional powers of the Kabaka shall, as far as is practicable, be exercised by the promulgation of written instruments signed by the Kabaka and counter-signed by a Minister. To signify final enactment, laws passed by the Great Lukiko shall be signed by the Kabaka.
A Minister shall be legally and politically responsible for every act commanded or authorised to be done by him or by an instrument to which he has put his signature.
Each Minister shall be politically responsible for the conduct of affairs in his own Department and the Ministers shall together be responsible as a Ministry within the functions assigned to the Kabaka's Government.
There shall be six Ministers, namely the Katikiro, the Omulamuzi, the Omuwanika, the Minister of Health, the Minister of Education and the Minister of Natural Resources who shall together constitute the Ministry. The designations and departmental responsibilities of the six Ministers may be varied within the sphere of responsibility of the Ministry.
The Ministers shall be appointed in the following manner: -
(1) Names of candidates for the office of Katikiro, shall be submitted to the Speaker of the Great Lukiko by a given date. Candidates must be nominated by not less than five members of the Great Lukiko.
(2) The list of candidates will then be presented by the Speaker to the Governor, who will be entitled to remove the name of any candidate whom he deems to be unacceptable.
(3) The list of candidates, excluding any names removed by the Governor, will then be placed before the Great Lukiko. Five week-days after the day upon which the names of candidates are placed before it by the Speaker, the Great Lukiko will proceed to elect by secret ballot from the list placed before it a person (hereinafter called the Katikiro Designate) who will be charged with the duty of forming a Ministry.
(4) Names of candidates for ministerial will then be submitted to the Speaker of the Great Lukiko, each candidate requiring to be nominated by not less than three members of the Great Lukiko. Any member of the Great Lukiko may nominate up to three candidates. The Katikiro Designate will be entitled to add further names to the list.
(5) Three week-days after the day on which names of candidates for ministerial office have been placed before it by the Speaker, the Great Lukiko will elect by secret ballot forty persons.
(6) The Katikiro Designate, after consultation with the Governor and such other persons as he thinks fit, will choose five ministerial colleagues from among the list of persons elected by the Great Lukiko. At least one of the persons chosen by him must be a serving Saza Chief.
(7) After the Governor has signified his approval of the persons thus chosen, the Kabaka will formally appoint the Katikiro Designate as Katikiro by handing him the Ddamula in accordance with custom, and will also formally appoint his five colleagues as Ministers. The Kabaka will then hand to each of the six Ministers the seal of his office.
(8) A Minister need not be a member of the Great Lukiko at the time of his appointment to office; if he is not already a member of the Great Lukiko he will become a member of the Great Lukiko ex official if he is appointed Katikiro, Omulamuzi or Omuwanika, and by nomination by the Kabaka if he is appointed one of the other three Ministers.
The duration of a Lukiko, and the term of office of A Ministry appointed at the beginning of the life of a Lukiko, shall be five years. The term of office of a Ministry appointed other than at the beginning of the life of a Lukiko, shall be such period as remains until the expiry of the life of the Lukiko. The life of the Lukiko that is in existence when these Articles come into effect shall be prolonged from four to five years.
A Ministry shall tender its resignation to the Kabaka through the Katikiro if a vote of no confidence in the Ministry on an important matter is proposed by twenty members and is carried in the Great Lukiko with the support of not less than two-thirds of the whole membership of the Great Lukiko. Fourteen days' notice shall be given of any motion of no confidence in the Ministry. It shall lie within the discretion of the Speaker of the Great Lukiko, to determine whether a motion of no confidence raises an issue that is important enough to justify its being debated.
A Ministry may be collectively dismissed by the Governor in Council if in the opinion of the Governor in Council the Ministry has failed to accept or to act upon formal advice given to it by the Governor in Council thereby prejudicing peace, order or good government. Upon the dismissal of a Ministry by the Governor in Council the offices of the Ministers will become vacant.. The Governor shall notify the Kabaka accordingly, whereupon the Katikiro shall return the Ddamula and the Ministers shall return their seals of office to the Kabaka.
(1) A Minister shall be dismissed by the Kabaka, upon conviction of a criminal offence for which the punishment is imprisonment without the option of a fine or which involves moral turpitude; or upon the production of a medical certificate that the Minister is incapacitated by reason of physical or mental infirmity from discharging the duties of his office.
(2) If in the opinion of the Katikiro a Minister has failed to carry out the policy or decisions of the Ministry either persistently or in an important matter he may propose to the Ministry that the said Minister be dismissed. If a majority of votes is cast in favour of the proposal (the Katikiro having an original and a casting vote), the Katikiro may dismiss the said Minister.
The Katikiro shall give the Kabaka all necessary information on matters of public importance.
Ministers shall be assisted by Permanent Secretaries who, in the case of the Departments administering services to be transferred to the Buganda Government, may be officers seconded by the Protectorate Government.
The Permanent Secretary to the Katikiro, who will be who will be selected either from among Saza Chiefs or from among other senior officers of the Kabaka's Government shall be the Head of the Buganda Civil Service.
There shall be established a Buganda Appointments Board, consisting of the Permanent Secretary to the Katikiro as chairman and four other members who will be persons experienced in public affairs but not at the time of their appointment actively engaged in politics. When the Board is constituted for the first time, the appointment of all of the members shall be made by the Kabaka on the advice of the Katikiro, subject to the approval of the Governor. Subsequent appointments of its members other than the chairman shall be made in the manner aforesaid; but the chairman, who will hold his office by virtue of his appointment as Permanent Secretary to the Katikiro, shall be appointed to his departmental post in the same manner as other Permanent Secretaries. Members other than the chairman shall hold office for five years and may be re-appointed; but arrangements for the rotation of membership shall be made. Members shall be dismissible by the Kabaka on the grounds specified in Article 17 (1) above.
In order that officers of the Kabaka's Government shall stand outside the sphere of politics and shall have proper security of tenure, the Appointments Board and not the.Ministers shall be the authority that will make decisions regarding the appointment, promotion, transfer, dismissal and disciplinary control of all public officers serving under the Kabaka's Government, including Saza Chiefs but not including officers seconded by the Protectorate Government. Appointments of Chiefs and Permanent Secretaries shall be made by the Kabaka in conformity with the decisions of the Appointments Board. The approval of the Governor shall be required for the appointment and dismissal of Permanent Secretaries; but his approval of the decisions of the Appointments Board shall not be withheld save in exceptional circumstances. The Permanent Secretary to the Katikiro shall be dismissible by the Kabaka upon the recommendation of the Katikiro, subject to the approval of the Governor, should he fail to carry out the policy of the Kabaka's Government in matters other than those falling wholly within the purview of the Appointments Board.
The regulations to be followed by the Appointments Board in the matters falling within it's jurisdiction shall be agreed between the two Governments. If either Government considers that the regulations have been infringed in any way, the two Governments shall consult together. If the matter cannot be settled by such consultation, a committee to examine the matter shall be set up in consultation between the two Governments, should either Government so desire.
The Saza, Gombolola and Miruka Chiefs shall remain the backbone of public administration in Buganda and shall be responsible to the Katikiro, subject to the Governor's ultimate authority, for the maintenance of law and order. As soon as is practicable, the Protectorate Government shall put at the disposal of each Saza Chief, either in or in proximity to his saza, a unit of the Protectorate Police to assist in the maintenance of law and order. The Protectorate Government shall arrange training courses for the Buganda Government Police with a view to raising standards of efficiency.
The composition and method of election of the Great Lukiko shall for the present time remain unaltered. Before the next general election of the Great Lukiko, however, consideration shall be given to the questions whether the present system whereby three representatives are elected from each saza should be varied in cases where there are large differences in population between sazas; and whether the requirement that representatives of a saza must be resident in the saza should be abolished.
There shall be a Speaker of the Great Lukiko, who shall receive a salary to be determined by law. The first business of the Great Lukiko after a general election shall be the election of a Speaker. The Speaker shall be chosen from among former Buganda Ministers, former Saza Chiefs or other persons who have had long experience of membership of the Great Lukiko. The Great Lukiko shall elect a Deputy Speaker with similar qualifications from among its own members. Either the Speaker or the Deputy Speaker shall preside at every meeting of the Great Lukiko. If the Speaker is acting as a Regent the Deputy Speaker shall preside.
There shall be the following Committees of the Great Lukiko: Finance Committee, Public Works Committee, Education Committee, Health Committee, Natural Resources Committee, Community Development and Local Government Committee and such other committees, permanent or, for a particular purpose, as the Great Lukiko deems expedient. Each permanent Committee shall be under the chairmanship of the appropriate Minister and shall have attached to it the Permanent Secretary or Secretaries of the Department or Departments concerned and such other administrative and technical officers and other persons as it requires for its efficient working. Officers or other persons attached to a Committee shall have the right to speak but not to vote. It shall be the function of each Committee to study policy in the field of government with which it is concerned, and to give advice to the Minister responsible. The existence of these committees shall in no wise detract from the individual responsibility of Ministers for the conduct of their Departments or from the responsibility of the Ministry as a whole for the general course of policy in matters committed to it. The recommendations in this Article do not affect the position of the Standing Committee.
Every Kabaka shall henceforward on becoming Kabaka enter a Solemn Engagement with the Great Lukiko and people of Buganda and, with Her Majesty's Government, formally accepting and agreeing to be bound by these Articles and by the Uganda Agreement, 1900, and any amendments thereto, and undertaking not to prejudice the security and welfare of his people and the Protectorate.
So long as the Kabaka shall observe his Solemn Engagement, Her Majesty's Government agrees to recognise the Kabaka as the ruler of the Kingdom of Buganda.
CHAPTER II: RELATIONSHIP OF BUGANDA WITH THE PROTECTORATE
The functions entrusted to the Kabaka's Government shall be formally defined in a document that shall be brought into operation simultaneously with the Agreement, amending or supplementing' the Uganda Agreement, 1900, which will be negotiated after the recommendations of this Conference have been accepted by Her Majesty's Government and the Great Lukiko. At the outset these functions shall be those at present carried on by the Kabaka's Government, together with those listed in paragraph 2 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953. Local government in the sazas shall be the responsibility of the Buganda Government, with the advice and assistance of the Protectorate Government; the position in townships and trading centres will be examined in accordance with Article 47. In community development the Buganda Government and its officers shall work in co-operation with the Protectorate Community Development Department. The list of functions may subsequently be varied by agreement between the Protectorate and Buganda Governments.
The Buganda Government shall administer the services for which it is responsible in accordance with the general policy of the Protectorate Government and (subject to Article 5 of the Uganda Agreement, 1900) in conformity with the laws governing those services. It shall initiate policy in the spheres of responsibility thus committed to it, provided that its policies shall not be opposed to the general policies of the Protectorate Government. In the formulation of Protectorate policies in relation to those services from time to time, expression will be given to the views of the people of Buganda by the representatives of Buganda on the Legislative and Executive Councils and by the representatives of the Buganda Government on the Consultative Committees referred to in Article 32 below.
There shall be established Consultative Committees on education, medical and health questions, natural resources, local government and community development. Buganda shall be represented by the Minister and Permanent Secretary concerned and by two or three unofficial members of the Great Lukiko Committee dealing with the subject. The Protectorate shall be represented by the Member of Executive Council, the Parliamentary Under-Secretary (if any) and the head or heads of the Departments concerned, and the Resident, Buganda.
The functions of Consultative Committees shall be:
(a) to enable the Buganda Government to express its views on Protectorate policy;
(b) to secure that Protectorate and Buganda policy are not in conflict;
(c) to discuss all matters of common interest.
The Committees shall meet at regular intervals.
The Protectorate Government, through the Departments concerned, shall be entitled to inspect the administration of the services to be transferred.
Officers of the Protectorate Government shall be seconded to the Buganda Government for the purpose of giving assistance in the administration of the services to be transferred, under the conditions envisaged by paragraphs 4 and 5 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953.
The functions of officers of the Protectorate Government (other than seconded officers) in their relations with the Buganda Government and its officers shall be those of advice and assistance.
If, upon any disagreement arising between the two Governments, differences cannot be resolved by use of the machinery of a Consultative Committee, the matter shall be referred to a joint meeting, under the chairmanship of the Governor, of Members of the Executive Council and the Buganda Ministers. Such a meeting shall not only have regard to the general interests of the Protectorate but shall also take fully into account and give due weight to the views of Buganda. Such a meeting may also, if necessary, be convened in order to resolve any disagreement arising out of a reply by the Governor to a resolution of the Great Lukiko, if the matter cannot be settled by the ordinary process of consultation between the Buganda Minister concerned and the Resident.
If, after the exhaustion of the above consultative processes, an issue remains unresolved which, in the opinion of the Governor in Council, affects peace, order or good government, it shall be open to the Governor in Council to give formal advice to the Buganda Ministry. If the Ministry then refuses or fails to act in accordance with such advice, it shall be open to the Governor in Council to dismiss the Ministry, as was explained in Article 16. The Governor shall be entitled to act in his discretion in agreeing to laws passed by the Great Lukiko, although upon any question arising out of any such law which he considers to be a question of principle he will consult with his Executive Council.
The Resident shall be the Governor's representative in dealing with the Kabaka's Government. His functions shall be to advise and assist the Kabaka's Government, to keep it informed of Protectorate Government policy in so far as this is not covered by the Consultative Committees, and to ensure that the Protectorate Government is kept fully aware of its views and of important developments in Buganda. He shall be assisted by a Deputy Resident.
A programme for the development of local government bodies responsible to the Buganda Government in the sazas, in accordance with paragraph 14 of the Memorandum on Constitutional Development and Reform in Buganda issued in March, 1953, shall be drawn up by the Katikiro and Resident in consultation and considered by the Consultative Committee on Local Government referred to in Article 32. After this programme has been approved by the Buganda and Protectorate Governments and the necessary legislation passed by the Great Lukiko, the Katikiro and Resident shall consult regularly together to ensure that the development of local Government bodies in Buganda proceeds according to the approved programme. The Senior Assistant Residents and Assistant Residents shall advise and assist the Chiefs, and through them the Councils, in the development. of local government bodies in accordance with the approved programme, as part of their general function of advising the Chiefs in the different areas of Buganda (East and West Mengo, Masaka and Mubende).
It shall be the aim of policy that, when the system of local government has been firmly established in Buganda, with the devolution by the Buganda Government to the local government bodies in Buganda of appropriate financial and administrative responsibility, the function of guiding and inspecting these local government bodies shall be assumed by the Buganda Government, with whatever secondment of Protectorate officers may at that time be necessary for the purpose. A review of progress in local government in Buganda to determine whether the Buganda Government should then assume this responsibility shall form part of the review, to be undertaken in six years' time, referred to in Article 48. Meanwhile, steps shall be taken as soon as is practicable, in consultation with the Buganda Government, to appoint suitably qualified, Baganda as Assistant Residents so that these officers may be among those seconded or transferred to the Buganda Government when this responsibility is assumed by the Buganda Government.
The supervisory powers of the Protectorate Government over expenditure by the Buganda Government shall be limited to approval of the annual estimates and of schedules of supplementary provision submitted quarterly, to audit of accounts and to questions affecting financial grants and loans made by the Protectorate Government to the Buganda Government.
The financial needs of Buganda shall be reviewed from time to time by the Protectorate and Buganda Governments so that as far as practicable the grants made to Buganda by the Protectorate Government may be on a firm basis for a period of not less than three years. In accordance with paragraph 6 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953, the Protectorate Government will ensure that the Buganda Government is placed in no worse position financially than at present by accepting the transfers of services which is to take place in accordance with that Memorandum. The Protectorate Government recognises the need for adequate remuneration of Buganda Government servants in order that officers of the right calibre may be attracted.
In view of the decision already taken by the Great Lukiko to impose graduated taxation in Buganda, the Protectorate Government, apart from the other measures referred to in paragraph 6 of the Memorandum of March, 1953 and apart from such grants as may be agreed upon between the two Governments in respect of the transfer of services, will recommend that the rate of poll tax payable to it in Buganda shall be reduced from Shs. 11/25 (i.e., Shs. 15/- less the 25 per cent rebate) to Shs. 6/- per annum (on the understanding that this reduction will be absorbed in the graduated tax payable to the Buganda Government). The protectorate Government will also recommend that payments shall be made to the Buganda Government in respect of Crown Land revenue and mining rents and royalties on Crown Land on the same basis as such payments are already made to the District Councils in the rest of the Protectorate. The Protectorate Government will examine the position with regard to Crown Land in Buganda with a view to determining whether the status of any part of that Crown Land can be modified.
The Buganda Constitutional Committee recommends in the light of His Excellency the Governor's recommendations to Her Majesty's Government which are set out in Appendix B to these Articles, and the pledge on East African Federation there referred to, that the Great Lukiko agree to the representation of Buganda on the Legislative Council of the Protectorate. The Committee recommends that the representatives of Buganda be elected by the Great Lukiko by secret ballot, and that after the election the Great Lukiko shall assign each of the members elected to a particular area.
CHAPTER III: CITIZENSHIP
Her Majesty's Government shall be requested to consider the question of creating a citizenship of Uganda, whereby a sense of unity may be fostered.
CHAPTER IV: ADMINISTRATION OF JUSTICE AND LOCAL ADMINISTRATION IN BUGANDA
The work of separating the Judiciary from the Executive shall be proceeded with immediately.
A committee including legal experts shall be appointed to examine means by which the court system in Buganda can be gradually developed into a system of courts of common jurisdiction in which no distinction will be made between persons of different races or between the inhabitants of urban and rural areas. The committee will also examine methods whereby justice may be dispensed as expeditiously as possible and whereby facilities for legal training may be provided for Africans.
A committee including local residents and representatives of the Buganda Government shall be set up to consider, as a question of urgency, the establishment of a new local authority, under the Buganda Government, for the administration of the Kibuga. This committee will be instructed to explore means by which such an authority may include representatives of all sections of the community resident in the Kibuga and may have jurisdiction, for local government purposes, over all sections of the community resident in the Kibuga. After it has completed its work on the Kibuga, this committee, with some revision of membership, will be instructed to report on the establishment of local authorities representing all sections of the community in townships and trading centres in Buganda (other than Kampala, Entebbe, Masaka and possibly Mubende) and to advise on the means of bringing them under the Buganda Government.
CHAPTER V: REVIEW
In order that a period of stability may be secured, no major changes in the constitutional arrangements prescribed in the foregoing. Articles shall be introduced for a period of six years, after which there shall be a review; that is, in 1961, assuming that the arrangements recommended in these Articles are brought into force in 1955.
CHAPTER VI: UGANDA AGREEMENT, 1900
The Uganda Agreement, 1900, shall be amended to the extent that such amendment becomes requisite upon the approval of the foregoing Articles by the parties concerned, but shall otherwise continue in its present form.
Each Member of the Namirembe Conference approves these Agreed Recommendations by appending his signature. The Governor agrees to recommend them to Her Majesty's Government. The members of the Buganda Constitutional Committee agree to recommend them to the Great Lukiko.
The Buganda Constitutional Committee:
|M. MUGWANYA||Y. KYAZE.|
|A. K. KIRONDE||THOMAS A. K. MAKUMBI.|
|E. M. K. MULIRA||E. B. KALIBALA.|
|J. P. MUSOKE||Y. K. LULE.|
|J. K. MASAGAZI||+ J. KIWANUKA.|
|J. G. SENGENDO-ZAKE||Mgr. J. KASULE.|
A. B. COHEN, Governor.
W. K. HANCOCK, Chairman.
S. W. KULUBYA. J. P. BIRCH.
S. A. DE SMITH,E. Z. KIBUKA,
15th September, 1954.
(See Article 7)
(1) For clan and succession cases the Ddiro Court shall be replaced and its functions discharged by a Council of Clan Elders. The Council shall be empowered to delegate its authority to a committee of its members.
(2) The Council shall remit cases in which there is no dispute through the Katikiro to the Kabaka for formal confirmation.
(3) The Council shall hear cases in which there is a dispute and shall record its findings. In matters concerning property a party to the dispute shall have the right to take the case to the Principal Court and thence to appeal to the High Court of Uganda. When the right of appeal has been exhausted, the findings shall be communicated to the Council of Clan Elders for transmission through the Katikiro to the Kabaka for formal confirmation.