National Constitution

This is a set of laws that govern a country. The first set of laws in Uganda were introduced in the Buganda Agreement of 1900 where laws were set concerning land ownership, taxation and administration of the protectorate.

These laws were later revised in the 1955 Namirembe Agreement which allowed the return of Kabaka Muteesa from exile.

At independence in 1962, Uganda adopted a constitution which had the Prime Minister as the Chief Executive of the country and the president as a ceremonial head of state. 

In 1966, the Prime Minister had conflicts with the President Muteesa II who was also the Kabaka of Buganda. The 1962 constitution was suspended and a new one was given to the Members of Parliament without any debate on it.

In 1967 as new constitution was written, it was called the Republican Constitution because it abolisnea all kingdoms in Uganda. It was written by Queen's Counsel Godfrey Lukongwa Binaisa. It was referred to as the pigeon hole constitution. In this constitution, the President became the Executive head of state and not the Prime Minister.

Dr. Obote became the first Executive President of Uganda in 1967.

In 1995, a new constitution was made to replace the 1967 constitution. The Constitutional Commission (CC) headed by Justice Benjamin Odoki gathered views of people from most parts of Uganda.

The CC made a Draft Constitution of the collected views. The Draft Constitution was later discussed by the constituent Assembly (CA) in 1994.

People who discussed the draft Constitution were called the constituent Assembly Delegates. (CADs) These CADs were elected from all parts of the country.

The Interim Electoral Commission chaired by Mr. Besweri Steven Akabway organised these elections. The Constituent Assembly (CA) was chaired by Hon. James Wambogo Wapakhabulo with Hon Prof. Victoria Mwaka as Vice Chairman. The new constitution was enacted on 22nd September, 1995 and was made known to the public on 8th October, 1995.

Functions of a constitution. 

i) Contains the laws that leaders use to govern the country. 

ii) Outlines the importance of the people in determining their leaders. 

iii) Gives direction to people seeking to take control of government of Uganda. 

iv) Defines where power to change government lies. 

v) Defines the functions of the organs of government.

Importance of a constitution. 

• Creates law and order in society. There is rule of law and order which is enforced in society as stated in the sections of the constitution. 

• Safeguards the citizens and their property. Citizens are given powers by the constitution to own property. 

• Protects the rights of the citizens. Rights of all people are clearly defined. 

• Promotes national unity. All people in the country follow the same law which binds them together. 

• Promotes democracy in a country. Clearly stipulates how leaders at different levels will be elected. 

• Provides for peaceful transition of leadership. Gives the period when and how leadership should be changed. 

Relationship between a constitution and elections. 

The constitution is a set of laws governing a country while elections are a process through which people vote for their leaders.

This means that the constitution sets the steps to be followed in an election.

It also sets the necessary conditions to be in place before an election is held. Provides the calendar for the various election activities in the country.

Term limits are set and new dates for other elections are clearly set in the constitution. For instance Uganda holds Presidential and parliamentary elections after every five years.

The constitution also lays down the guidelines for setting up the Electoral commission. The Electoral commission is the body that conducts and supervises national elections in Uganda.

What are elections?
Why should every citizen who is 18 years and above participate in elections?