THE REPUBLIC OF UGANDA UGANDA LAW REFORM COMMISSION
ANNUAL REPORT
2011
Uganda Law Reform Commission Workers House, 8th Floor Plot 1, Pilkington Road, Kampala P.O Box 12149, Kampala, Uganda Telephone: 256 - 414 - 342600 / 341138Fax: 256 - 414 - 254869 Email- [email protected] ; [email protected] Law reform for good governance and sustainable development
THE REPUBLIC OF UGANDA
UGANDA LAW REFORM COMMISSION
TELEPHONE: 256 414 346200 /341138 FAX: 256-414-254869 WORKERS HOUSE, E-MAIL: [email protected] FLOOR 8, WEBSITE: www. ulrc.go.ug PLOT1, PILKINGTON RD, P.O. BOX 12149 Our Ref: …………………………………… KAMPALA-UGANDA Your Ref: ………………………………….
ADM/92/150/01
Our Ref: ADM/83/137/01
Your Ref: ………………………….
30th June 2012
The Rt. Hon. Speaker, Speaker’s Chambers, Parliament House, Kampala.
RE: SUBMISSION OF THE ANNUAL REPORT OF THE UGANDA LAW REFORM COMMISSION, 2011, TO THE PARLIAMENT OF UGANDA
In pursuance of the provisions of Article 248(2) of the Constitution, I have the pleasure and honour to submit through you, to the Parliament of Uganda, the Annual Report of the Uganda Law Reform Commission for the year 2011.
Yours faithfully,
Professor Agasha Mugasha Chairman, Uganda Law Reform Commission
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TABLE OF CONTENTS
Acronyms...... vi MESSAGE FROM THE CHAIRMAN...... vii COMMISSIONERS...... viii THE COMMISSION’S MANAGEMENT TEAM...... ix ACKNOWLEDGEMENTS...... x PROFILE OF THE COMMISSION...... xi Powers of the Commission...... xii STRUCTURE AND STAFFING OF THE COMMISSION...... xiii Current Staffing...... xiii HIGHLIGHTS OF THE YEAR 2011...... xiv
LAW REVISION DEPARTMENT 1.0 Introduction...... 1 1.1 Structure...... 1 1.2 Activities of the law revision department...... 1
CHAPTER ONE 1.3 Achievements of the Law Revision department ...... 2 1.3.1 Major Revision of the Laws of Uganda: Preparation of the Seventh Revised Edition...... 2 1.3.2 Compendium of Land Laws...... 5 1.3.2.1 Compendium of Tax Laws...... 5 1.3.3 Translation of selected laws...... 5 1.3.3.1 Translation of the Constitution into Luganda...... 5 1.3.3.2 Translation of the Local Council Courts Act into Ateso and Ngakarimojong...... 5 1.3.4.1 Simplification of the Local Governments Act, Cap.243...... 6 1.3.5 Publications...... 6 ...... 6 1.3.5.2 Reprint of the Local Governments Act, Cap. 243...... 6 1.3.5.1 Constitution (Reprint of 2010) 1.3.5.3 Index of the laws of Uganda...... 6 1.3.6 Distribution of publications...... 6 1.3.7.1 Major revision exercise...... 6 1.3.7.2 Simplification of revised laws...... 7 1.3.7.3 Translation of revised laws...... 7 1.3.7.4 Publications...... 7 1.3.7.5 Distribution of Commission publications...... 7
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CHAPTER TWO LAW REFORM DEPARTMENT...... 8 2.0 Introduction...... 8 2.1 Structure...... 8 2.2 Activities of the Law Reform department...... 8 2.3 Achievements of the Law Reform Department ...... 9 2.3.1 Commercial Law Projects...... 9 ...... 9 2.3.1.2 Consultations on the Companies Bill...... 9 2.3.1.1 E - Laws 2.3.1.3 Update of the Civil Procedure Regime...... 11 2.3.1.4 Financial Leasing ...... 11 2.3.2 Criminal Law Projects...... 12 2.3.2.1 Sentencing Guidelines...... 12 2.3.2.2 Reform of the Law on Criminal Trial Procedures ...... 14 2.3.2.3 Legislation on Witness Protection ...... 14 2.3.3 Social Law Projects...... 14 2.3.3.1 Translation of the Domestic Violence Act...... 14 2.3.4.2 HIV and AIDS Prevention and Control Bill Advocacy ...... 15 2.3.3.3 Reform of the Laws of Succession ...... 16 2.3.4 Bills initiated by the Commission, that were enacted into law...... 16 2.3.4.2 Bills approved by Cabinet and tabled in Parliament...... 17 2.3.4.3 Bills to be submitted to Cabinet...... 18 2.3.5 Publications by the Department...... 18 2.4 Provision of technical assistance and advice to government departments...... 19 ...... 19 2.4.1.1 Reform of the Uganda Law Reform Commission Act and Regulations ...... 19 2.4.1 On-going activities 2.4.1.2 The Commission’s Communications Policy and Strategy...... 20 2.4.1.3 Transitional Justice Project ...... 20 2.5 Plans for the year 2011...... 22 2.5.1 Advocacy ...... 22 2.5.2 Research for reform...... 22 2.5.3 Publications...... 23 2.5.4 Technical assistance to Ministries, Departments and Agencies...... 23 2.5.5 Civic education/sensitization...... 23 THE FINANCE AND ADMINISTRATION DEPARTMENT...... 24 3.0 Introduction...... 24 3.1 Activities of the Department...... 24 3.1.1 Administration ...... 24
CHAPTER THREE 3.1.2 Activities under East African Community ...... 26 3.1.3 Social events 2011...... 27 3.1.4 Births...... 27 3.1.5 Obituaries...... 27
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3.2 Plans for the year 2012...... 27 4.1 Linkages with Government Ministries, Departments and Agencies, 2011.....29 4.2 Linkages with Development Partners and Civil Society Organizations, 2011...... 29
CHAPTER FOUR 4.3 Linkages with East African Community...... 30 4.4 Linkages with Association of Law Reform Agencies forEastern and ...... 30 4.5 ...... 30 Southern African (ALRAESA) Linkages with Commonwealth Association of Law Reform Agencies (CALRAS) CHALLENGES OF THE COMMISSION 5.1 Slow legislative process...... 31 5.2 Insufficient resources ...... 31 5.3 Increased cost of living...... 31 5.4 Cost of rent for offices and storage of printed material...... 31 5.5 Narrow Structure...... 31
CHAPTER FIVE Annex I: ULRC Commissioners as at 31st December, 2011...... 32 Annex II: ULRC Staffing position as at 31st December, 2011...... 32 Annex III: Publications of the Commission, 2011...... 34 Annex IV: Members of the ULRC Appointments Board as at 31st December 2011...35 Annex V: Members of the Law Revision Taskforce...... 35 Annex VI: Editorial Board for the Uganda Living Law Journal, 2011...... 36 Annex VII: Taskforce members for Sentencing Guidelines...... 37 Annex VIII: Taskforce members for Trade Licensing Act Project...... 38 Annex IX: Taskforce members for Succession Project ...... 39 Annex X: Workshops and Conferences attended by Chairperson and Commission staff, 2011...... 40 Annex XI: List of Publications received by the Commission, 2011 4...... 42 Annex XII: List of Some of the visitors to the Uganda Law Reform Commission DURING the year 2011...... 45
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Acronyms
AIDS
ALRAESA AfricanAcquired Law Immunity Reform DeficiencyAgencies of S yndromeEast and Southern Africa
APAM African Association for Public Administration and Management
CALRAS Commonwealth Association of Law Reform Agencies
CAPAM Commonwealth and Public Administration and Management
CEDOVIP Centre for Domestic Violence Prevention
COMESA Common Market for Eastern and Southern Africa
EAC East African Community
ESAAGA Eastern and Southern Africa
GoU Government of Uganda
HIV
JLOS JHusticeuman Law Immune and Order Deficiency Sector Virus
NTR Non Tax Revenue
PSFU Private Sector Foundation Uganda
SA South Africa
SACCO Savings and Credit Cooperative Society
SIP III Strategic Investment Plan III, JLOS
UK United Kingdom
ULLJ Uganda Living Law Journal
ULRC Uganda Law Reform Commission
UN United Nations
UPDF Uganda Peoples Defense Forces
WTO World Trade Organization
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MESSAGE FROM THE CHAIRMAN
INTRODUCTION
n 2011 the consummate law reformer and scholar, Professor Joseph IM. N Kakooza retired as chairperson and I would like to take this opportunity to thank him for his stewardship of the Commission. During
Reform Commission continued exerting themselves to the reform and the same year, the new commissioners and the staff at the Ugnda Law revision of our laws. We adopted a new vision of the Commission 'Laws that are responsive to the needs of society'.
Our methods of work demand that we engage with the public and a wide range of stakeholders, and our work would not be possible without their cooperation. I want to thank those organisations and individuals that Chairperson Professor Agasha Mugasha assisted us in fulfilling our mandate. The year 2011 was economically challenging for large sections of the Ugandan society, and the Uganda deliver strong results for the year and those results may mask our challenges. This is a time to celebrate Law Reform Commission and our staff as individuals were no exception. Still, together we were able to provide increased output. our achievements and thank our staff; but we also look forward to better facilitation with a view to
Prof. Agasha Mugasha Chairperson Uganda Law Reform Commission.
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COMMISSIONERS
Mr. John Mary Mugisha Dr. Harriet Diana Musoke
Mrs. Margaret Tiyo Ayiseni Dr. Henry Micheals Onoria
Dr. Peregrine Kibuuka Mrs.Vastina Rukimirana Nsanze
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THE COMMISSION’S MANAGEMENT TEAM
Mr. Frank Nigel Othembi Secretary/Accounting Officer
Ms. Alexandra Nkonge Mr. David Obol Otori Mr. Patrick Nyakaana Commissioner, Law Revision Undersecretary Commissioner, Law Reform
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ACKNOWLEDGEMENTS
The Commission wishes to convey its appreciation to the Government of Uganda and the following institutions for their support:- (a)
(b) MTheinistry Parliament of Justice of Ugandaand Constitutional and its various Affairs; committees; (c) First Parliamentary Counsel; (d) Justice, Law and Order Sector (JLOS); (e) Ministry of Finance, Planning and Economic Development; (f) The Judiciary; (g) All Development Partners; (h) Sister Law Reform Commissions and Agencies; (i) Members of the various Uganda Law Reform Commission Boards and Taskforce; (j) United Nations High Commission for Human Rights; (k) Private Sector Foundation Uganda; (l) Bank of Uganda; and (m)
Members of staff.
WORDS OF WISDOM
“If you have ten thousand regulations, you destroy all respect for the law.” Winston Churchill
“And in the end it’s not the years in your life that count, it’s the life in your years.” Abraham Lincoln
“If you cannot do great things, do small things in a great way.” Napoleon Hill
“I never see what has been done; I only see what remains to be done.” Buddha
“You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind.” Mahatma Gandhi
“Most things in the world have been accomplished by people who have kept on trying when there seemed no hope at all.” Dale Carnegie
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PROFILE OF THE COMMISSION
The Uganda Law Reform Commission is a constitutional body established under Article 248(1) of the Constitution of the Republic of Uganda. The objective of the Commission is to study and keep under constant review the Acts and all other laws comprising the laws of Uganda with a view to making recommendations for their systematic improvement, development, modernization and reform.
The Commission’s current policy and priority activities are guided by the following principles:- (a) contributing to a legal system that supports the principles in the Constitution, national policies and plans, and international commitments entered into by Uganda;
(b) ensuring a participatory law making process with laws acceptable to the people of Uganda;
(c) developing proposals for modern laws for the people of Uganda; and
(d) governance, delivery of advice and service to Government and the general public on legislative reformsustaining and an revision. effective and efficient institution that provides a legal framework for good
The Vision Laws that are responsive to the needs of society.
The Mission To reform and update the laws in line with the social, cultural and economic needs and values of the people of Uganda.
Slogan Law reform for good governance and sustainable development.
Core values Impartiality, equity, professionalism, accountability and transparency
The Mandate
Section 10 of the Uganda Law Reform Commission Act (ULRC Act), Cap 25 provides that:- The Commission shall study and keep under constant review the Acts and other laws comprising the laws of Uganda with a view to making recommendations for their systematic improvement, development, modernization and reform with particular emphasis on the:- (a) elimination of anomalies in the law, the repeal of obsolete and unnecessary laws and
(b) wellthe simplification as concepts consistent and translation with the of theUnited law; Nations Charter and the African Charter onreflection Human in and the Peoples laws of URights;ganda the customs, values and norms of society in Uganda as (c) development of new areas in the law by making the laws responsive to the changing needs of the society in Uganda; (d) and dispensation of justice; and (e) adoption of new or more effective methods or both for the administration of the law
integration and unification of the laws of Uganda.
xi Law reform for good governance and sustainable development
Powers of the Commission
According to Section 11 of the ULRC Act, the Commission has powers to:- (a) receive, review and consider any proposals for the reform of the law, which may be referred to it by any person or authority; (b) prepare and submit to the Attorney General, from time to time, for approval, programmes for the study and examination of any branch of the law with a view to making recommendations for its improvement, modernization, and reform; and those programmes shall include an
duties and the period of time that will be required for the completion of the studies; (c) undertake,estimate of pursuantthe finances to any and such other recommendation resources that willapproved be required by the toAttorney carry out General, any such the formulation of drafts in form of bills or other instruments for consideration by the Government and Parliament; (d) initiate and carry out, or, with the approval of the Attorney General, direct the initiation and research necessary for the improvement and modernization of the law; (e) provide, at the instance of the Government, to government ministries and departments and other authorities concerned, advice, information and proposals for reform or amendment of any branch of the law; (f) encourage and promote public participation in the process of lawmaking and educate and sensitize the public on lawmaking through seminars, publications, and mass media; and (g) appoint or empanel Committees in consultation with the Attorney General, from among members of the Commission, or from among persons outside the Commission, to study and make recommendations to the Commission on any aspect of the law referred to the committees by the Commission.
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STRUCTURE AND STAFFING OF THE COMMISSION
The Uganda Law Reform Commission comprises of the Commission and the Secretariat. The Commission comprises of the Chairperson and six part-time Commissioners. The part-time Commissioners are required to have wide experience in the law and other disciplines. The Commission is responsible for determining and formulating the scope and direction of the Commission’s work.
The Secretariat is headed by the Secretary and is divided into three departments namely Law Revision, Law Reform and Finance and Administration.
Current Staffing
(refer to Figure 1) The Secretariat’s staff establishment is 68 employees but current in post is only 60 members of staff. Plans are underway to fill the remaining 8 vacancies. positionThe Commission of the Commission also has three as at 31Legalst December, assistants, 2011 one is Researchset out in a“Annexssistant I” andof this five report. Legal interns who assist in activities of the Commission mainly those of a legislative nature. The overall staffing
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HIGHLIGHTS OF THE YEAR 2011
The Commission successfully undertook and accomplished the following activities:- 1. appointment of the Commissioners;
2. commencement of Major Revision of the Sixth Revised Edition of the laws of Uganda;
3. publication of a Compendium of revised laws relating to land;
4. consolidation of the Land Act and Land Regulations;
5. publication of an updated version of the Compendium of electoral laws in preparation for the 2011 elections;
6. developed and published Sentencing Guidelines;
7. reprinting of the Constitution and the Local Governments Act, Cap -243;
8. Translation of the Domestic Violence Act into eight local languages;
9.
10. GeneratedRecruitment shs. of 238more million staff to fromthe Commission; the sale of its and publications as NTR.
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Fig 1. ORGANISATIONAL STRUCTURE
PLO
SLO Drafting
Asst Comm.
Law Rev. Dept Rev. Law Comm Law rev. SLO conomist PLO Revision AN TS Senior Sociologist Senior E Legal Officer Senior Accountant A SS I ST Senior Personnel off Principal Legal Officer Principal Asst Secretary Senior Legal Officer
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L LEG A L S TAAFF sUPPORT Drivers KEY PAS PLO SLO SPO SE SA SS LO SE
Chairman RA SARO
PAS
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OS PO
CO MMI SS I O N E R S Undersecretary Finance Admin& Secretary SPO
Chairman
Off. . . c Off Pro Pro. Off Asst Proc.
SA ioners S. admin S.
Commiss
Senior Accountant Accts Assts Sen Accts Asst Accountant
Soc SEn.SOC
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xv
2 SLO
2 PLOs Educ & LO Comm. L/Ref Law Reform Dept Reform Law
Asst Comm.
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Legal Assistants Legal PLO 2 SLO
Res & Ref
LO Support staffSupport Drivers Office Attendants Law reform for good governance and sustainable development CHAPTER ONE
LAW REVISION DEPARTMENT
1.0 Introduction Law revision is the process of updating the law made from time to time by the Parliament, without changing its substance. The process is aimed at presenting the law in its correct form at any given time, thus facilitating the administration of justice, law enforcement, legal education, research, law reform, efficient use of the law and access to justice. . 1.1 Structure The department is headed by a Commissioner assisted by an Assistant Commissioner, two Principal
Legal Officers and two Senior Legal Officers. 1.2 Activities of the law revision department The activities of the department include the following- (a) ensuring that the laws of Uganda are regularly revised and an up-to date status of the law is produced and made available to and accessed by the public;
(b) preparing and publishing compendia of related laws to ensure easy accessibility of and reference to the laws;
(c) managing the database of the revised laws by constantly updating it as new laws are made from time to time;
(d) constantly analyzing decisions of superior courts to ascertain their effect on legislation and making proposals for review of the affected laws; public; (e) simplifying and translating specific laws to enhance access to justice by the
law and its interpretation; (f) offering advice to government ministries and institutions on issues relating to
reform and revision; and (g) offering training and exposure to young lawyers on matters relating to law (h) carrying out research on harmonization of laws at the national and EAC level.
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1.3 Achievements of the Law Revision department The Department undertook the following projects of the Commission:- (a) commencement of Major Revision of the Sixth Revised Edition of laws of Uganda;
(b) preparation and publication of compendia of selected laws;
(c) translation of selected laws;
(d) distribution of Commission publications and sensitization on the role of ULRC in selected districts of Uganda;
(e) reprinted the Constitution of the Republic of Uganda;
(f) embarked on the consolidation of selected laws on tax;
(g) prepared an updated Index of the Laws of Uganda;
(h) carried out research on harmonization of national laws in the EAC context
specifically- Immigration Laws and Labour Laws. The details of all the projects undertaken by the Department are as follows: –
1.3.1 Major Revision of the Laws of Uganda: Preparation of the Seventh Revised Edition This project is the main activity currently being undertaken by the department and is expected to end in 2014.
A taskforce headed by Hon. Justice Musoke-Kibuuka was appointed by the Commission. It was duly inaugurated in March, 2011. Members of the task force represent the legal institutions involved in Government work, the Law Society and other relevant stakeholders who are involved in actual interpretation, practice and implementation of the law.
The terms of reference for the task force include the revision of all the laws of Uganda in force by December, 2013; submission of the draft containing the revised laws, both principal and subsidiary together with a report to the Commission for approval by Attorney General.
The the revision of the principal laws while the second phase which will commence in the Financial Year 2012-2013,revision will exercise cover hasthe beenrevision divided of the into subsidiary two phases. legislation. The first phase which has started, covers
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Members of the Major Revision Taskforce at its launch at the Sheraton Hotel Kampala.
The major revision exercise involves the following activities:
(a) Preparation of an enabling law for law revision
The Commission has limited powers of revision under the Uganda Law Reform Commission Act, Cap 25. In order to carry out major revision, the taskforce requires extensive, clearly stated powers similar to the powers stipulated in the Laws (Revised Edition) Act, 1994 in respect of the 6th Revised Edition 2000. This Act has since served its purpose and has, although still on the statute book, ceased to operate.
An amendment to the Law Reform Act has been prepared, to reinstate the provision that was andremoved extent from of those the A powers.ct during the enactment of the Laws (Revised Edition) Act, providing for specific revision powers, as well as draft regulations under the Act, to specifically provide for the exercise (b) Drafting manual
The Commission, in collaboration with other key stakeholders, is in the process of preparing a drafting manual which will contain guidelines on the appropriate modern drafting principles and best practices. The guidelines will help the department of Law Revision in the day to day revision of laws; facilitate the preparation of the 7th Revised Edition of the laws of Uganda and other legislative guides; and provide uniformity and consistency in style and format of the laws.
(c) Legal Audit of the Laws of Uganda
To facilitate the work of revision, the department carried out a legal audit involving repealed Acts. revision was made in 2000 up to 2011. This list will be updated from time to time. The Law Revision department also identified at least 63 Acts repealed by Parliament since the last
3 Law reform for good governance and sustainable development
The department is currently in the process of preparing a law on Miscellaneous Repeals which will in due course be presented to Parliament to authorize the removal by the Commission of all obsolete laws, as a way of cleaning the statute book.
(d) Report on amended and new Acts revision was made to date. These amendments will be incorporated in the parent Acts. The department also identified at least 43 Acts which have been amended since 2000 when the last last revision. These new Acts do not replace or bear resemblance/similarity to any existing ones andThe adepartment number of themfurther may identified not fall under a number any of of the new subject Acts somatter far enacted covered by under Parliament the Sixth since Revised the Edition. Attempts therefore are being made to:- (a) insert the new Acts in subject matter/categories under which they will appear in the 7th Edition; or (b) create new subject matters/categories for those new Acts for the new edition as revised.
(e) Death penalty issues and constitutional cases which nullified certain provisions
The Supreme Court ruling in the case of Susan Kigula presents a special challenge for the major revision. In brief, court ruled that the death penalty is not mandatory. It also made some declarations
Act, the Penal Code Act and the Uganda People's Defence Forces (UPDF), Act. In each of these Acts, thethat death would penalty require is P arliamentprovided asto amendmandatory several sentence. Acts, specific Presently among the whichsections are providing the Anti T forerrorism death penalty read “shall suffer death”, but following court decision, the law ought to be amended so as to now read “is liable to suffer death”.
In addition, more than sixteen (16) principal laws of Uganda have had some of their sections declared unconstitutional by Court. These include the following:- 1. The Penal Code Act,Cap.120; 2. Succession Act,Cap.162; 3. Divorce Act,Cap.249; 4. Magistrates Courts Act, Cap.16; 5. Police Act,Cap.303; 6. UPDF Act, No. 7/2005; 7. Government Proceedings Act, Cap.77; 8. Trial on Indictments Act, Cap.23; 9. Witchcraft Act, Cap.108; 10. Political Parties and Organizations Act, No.18/2002; 11. National Assembly (Powers and Privileges) Act; 12. Constitutional (Amendment) Act,No.13/2000; 13. Leadership Code, Act No.17/2002; 14. Expropriated Properties Act, Cap.87; 15. Presidential Elections Act, 2005; and 16. Electoral Commission Act, Cap.140.
During the revision, recommendations will be made on the implications of each decision on the specific and other Acts. 4 Law reform for good governance and sustainable development
1.3.2 Compendium of Land Laws The department undrtook the revision and consolidation of amendments relating to land. These were included in the Compendium of Land Laws.
1.3.2.1 Compendium of Tax Laws Working with the Ministry of Finance, Planning and Economic Development, selected laws on volumes of the Laws of Uganda, while others have recently been enacted. These laws include the Incometaxation Tax are Actcurrently, the V aluebeing Added revised Tax by Act, the the department. Finance Act Various, the Uganda Tax laws Revenue are contained Authority in different Act, the Stamps Act and the Tax Appeals Tribunals Act.
The purpose of consolidating taxation laws is to ensure availability and ease of access by the
Development, representatives from the First Parliamentary Counsel, Uganda Revenue Authority and theusers. representatives a taskforce consistingof the Tax Appealsof officials Tribunal from arethe working ministry with of f theinance, Commission planning on and this e project.conomic
1.3.3 Translation of selected laws
1.3.3.1 Translation of the Constitution into Luganda The Commission procured services for the translation of the Constitution into Luganda. Translation of laws is mainly done to reach out and sensitize the people who cannot easily understand the English language. The draft is ready and awaits funding for validation of the translated text by those who will be involved in its implementation. Validation exercise ensures accuracy and simplicity of the text.
1.3.3.2 Translation of the Local Council Courts Act into Ateso and Ngakarimojong
Council Courts Act into Ateso and Ngakarimojong to enable the people of Uganda and in particular, membersThis was a of project local councilfrom financial courts toyear appreciate 2010-2011. their The roles department and mandate has since in the translated administration the Local of administer justice in a free and fair manner. justice and to ensure that the local council officials are able to easily interpret the law and therefore
Validation meetings were held with the members of the local community in Teso and Karamoja regions to ensure that the Act was not distorted during the translation. An independent consultant is
The translated Act will be ready for publication in 2012. always contracted by the Commission to ensure that the final product is accurate before publication.
5 Law reform for good governance and sustainable development
1.3.4 Simplification of selected laws 1.3.4.1 Simplification of the Local Governments Act, Cap.243 a draft. Consultative meetings with Uganda Local Governments Association were held and all the changesThe department incorporated. carried Pre-visits out simplification in selected of thedistricts Local are Governments yet to be done. Act, Cap.243 The department and came plans up with to have the Act translated into local languages for the benefit of local leaders. 1.3.5 Publications
1.3.5.1 Constitution (Reprint of 2010) The Commission printed an updated version of the Constitution for distribution in and around Kampala. The commission has continued to reprint the revised Constitution due to the high demand from the public. A 2010 version has been printed to ensure continued availability and accessibility of the Constitution as amended in 2005.
1.3.5.2 Reprint of the Local Governments Act, Cap. 243. Following the enactment of the Local Governments (Amendment) Act, No. 16 of 2010 and in preparation for the local government elections, the department revised the Local Governments Act, Cap No. 243 and produced a reprinted version to replace the one that was prepared in 2008.
1.3.5.3 Index of the laws of Uganda The Index provides users of the laws of Uganda with an up-to-date status of the principal and subsidiary laws. The current Index shows the status of laws as at December 2006. However, various laws have gone through numerous changes, thus the need to have an updated Index in place. For this reason, the department prepared a draft of the up-dated Index as at 2011.
1.3.6 Distribution of publications administration of the law and dispensation of justice. Distribution of some of the Commission publicationsOne of the functions provides anof theopportunity Commission for the is Commissionto adopt new to andsensitize more people effective about methods how laws for theare made and the importance of public participation in law reform. In this endeavour the Commission carried out distribution of its various publications.
1.3.7 Plans for the year 2012
The following activities are planned for the year 2012:
1.3.7.1 Major revision exercise (a) completion of revision of Principal laws of Uganda, 2000 Edition;
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(b) revision of Principal laws made between 2000 and 2012; (c) revision of subsidiary laws of Uganda; (d) revision of the Cumulative Supplement as at 2011;
(e) revision of specific laws affected by court rulings. 1.3.7.2 Simplification of revised laws
(a) simplification of the Land Act. 1.3.7.3 Translation of revised laws (a) translation of the constitution into Runyakitara, Ngakarimojong and Ateso;
(b) translation of the simplified Local Council Courts Act into Runyakitara; and (c) translation of the simplified Local Governments Act into Luganda; 1.3.7.4 Publications (a) publication of the Drafting manual; (b) publication of the Index as at 2011; (c) publication of the translated version of the Local Council Courts Act, 2006 into Ateso and Ngakarimojong; (d) publication of the revised Land Act and regulations; and (e) publication of the translated constitution into Luganda.
1.3.7.5 Distribution of Commission publications The department will continue with the distribution of Commission publications to various regions of the country as well as sensitize the public on the law making process in Uganda.
7 Law reform for good governance and sustainable development CHAPTER TWO
LAW REFORM DEPARTMENT
2.0 Introduction The Law Reform department is responsible for making recommendations towards changes in the substance of the existing law, taking into account the needs and aspirations of the society, the international and regional obligations of Uganda and proposing new areas for modernization of the law so as to make the law useful in achieving its purpose. Accordingly, the department undertakes studies and research to inform proposals for law reform. The department also undertakes documentation, education, training, simplification and translation of laws. 2.1 Structure The Department is headed by a Commissioner who is assisted by an Assistant Commissioner, comprises of three sections namely; law reform and research; education, documentation and training;Principal andLegal sociology. officers, senior Legal officers, Legal officers and sociologists. the Department
2.2 Activities of the Law Reform department The main activities of the Department are to:- (a) study, document and make proposals for the modernization of the law through proposals for the substantive change in the law and the repeal of obsolete and unnecessary laws;
(c) carry out research, document and make proposals for the integration of (b) simplify and translate specific laws;
(d) make proposals for the improvement of methods in the administration of law different systems of the laws of Uganda; and dispensation of justice; (e) educate the public on the law making process and the law in action; (f) facilitate operationalization of international and regional legal instruments
(g) give advisory opinions to any department of government; which Uganda has ratified;
reform and revision; and (h) offering training and exposure to young lawyers on matters relating to law (i) participate in the activities of the East African Community.
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2.3 Achievements of the Law Reform Department The achievements of the Commission under the department in the year 2011 are reported under CHAPTER TWO the following seven categories:- (a) commercial law projects; (b) civil law project; (c) criminal law projects; (d) social law projects; (e) status of bills initiated by the Commission; i) proposals/bills enacted into law; ii) bills approved by Cabinet and tabled in Parliament; iii) bills to be submitted to Cabinet; (f) publications made; and (g) other on-going activities.
2.3.1 Commercial Law Projects The Commission undertook the following Commercial Law Projects:-
2.3.1.1 E - Laws Three electronic laws initiated by the Commission were passed by Parliament in 2011. These are the Computer Misuse Act, No. 2 of 2011, the Electronic Signatures Act, No. 7 of 2011 and the Electronic Transactions Act, No. 8 of 2011 which all commenced on 15th April 2011. The Commission now plans to carry out advocacy on the Acts to create awareness about the e-laws among implementers and end users. The advocacy entails designing user manuals. These manuals will be shared with
Magistrates, Police Officers, Registrars and members of the public in workshops. 2.3.1.2 Consultations on the Companies Bill th August 2009 and was referred to the
ofThe Procedure Companies of Bill, Parliament. 2009 was While read analyzingfor the first the time Bill, on the 18 Committee realized that there were a numberCommittee of newof Legal concepts and P whicharliamentary had been Affairs introduced in accordance in the Bill. with The Rules Committee 112 and needed113 of thea deeper Rules understanding from countries where the new legal concepts had been applied. Based on this, the Committee and representatives of the Uganda Law Reform Commission, through the support of Private Sector Foundation Uganda under PSCPII project, undertook a bench marking exercise on the principles in the United Kingdom and South Africa. Accordingly, two teams were constituted, one team went to United Kingdom and another team went to South Africa. The teams constituted
members of the Legal and Parliamentary Affairs Committee, Clerk to the Committee, officers from TheUganda objectives Law Reform of bench Commission marking exercises and officers were from the P following:-arliamentary Commission. (a) to study the incorporation and management of a single member company; (b) lifting the veil of incorporation in cases of single member companies;
(d) mandatory requirements/exceptions to holding annual meetings by companies (c) both, requirements private and of professional public companies; qualifications for company secretaries;
(f) powers of the Registrar of Companies; (e) duties of directors and director disqualifications; 9 Law reform for good governance and sustainable development
Table F on Corporate Governance and mandatory requirements for the adoption of principles of corporate governance; (h)(g) thepowers effect of of the Minister in company regulation; (i) protection of shareholders.
Part of the Ugandan delegation to the United Kingdom comprising of Mr. Louis Bakyenga, Hon. Niwagaba Wilfred, Hon. Baka Stephen Mugabi, Mr. Rutaremwa Kenneth and Mr. Biribwonoha Pius after the meeting with Mr. Glen Davis of South Square Barristers
The Delegation to South Africa comprised of Hon. Tashobya Steven, Hon. Katuntu Abdu, Hon. Lugolobi Amos, Ms. Harriet Apinyi and Mr. Philip Odoki.
A number of recommendations were made by the teams which will be incorporated in the Companies Bill. The salient recommendations include the following:- (a) The bill should be amended to provide for only two types of companies, i.e. private and public company;
with the Registrar stating clearly the extent to which they have complied with (b) the Clause code 14 of should corporate be amended governance to require or state companies reasons why to annually they have file not a statement complied with some principles; (c) A company which fails to state the extent of compliance with the code of
(d) corporateThe Registrar governance or Capital should markets be fined;should be given powers to amend and update the code of corporate governance according to any new principles that may have from time to time developed; (e) Clause 34 regarding the change in status of a single member company to a private company should be deleted;
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(f) Clause 40 should be amended by deleting reference to the Minister. The power to dispense with the use of the word “Limited” should be left to the Registrar who supervises the operation of companies; (g) Clause 140 should be amended by making it optional for private companies to hold annual general meetings; (h) Annual general meetings of private companies should be held at the requisition of members of the company at any time; (i) Public Companies should adopt the letters “Plc” at the end and “Splc” for Single Member Public Companies. This will help the public to know the types of companies they are dealing with.
2.3.1.3 Update of the Civil Procedure Regime The Commission is undertaking a study to review the Civil Procedure Act, Cap. 71 and the Rules made there under. Civil Procedure consists of the rules by which the High Courts and the Magistrates Courts conduct civil trials. The Civil Procedure Rules are seen as central to ensuring predictability and transparency with a view towards facilitating courts, and the parties that rely therein in reaching a just decision.
The overall objective of the study is to review and propose recommendations for reform of Civil
(a) to examine the Civil Procedure Act and Rules; Procedure law in Uganda, with the following specific objectives:- (b) to reform and modernize the laws on civil procedure; (c) to simplify the Civil Procedure Rules; (d) to provide for an overarching purpose in relation to the conduct of civil
of the real issues in dispute; proceedings to facilitate the just, efficient, timely and cost-effective resolution (e) to explore the mechanisms and procedures that will reduce the cost of litigation and delays and enhance access to justice; (f) to explore the possibility of harmonizing all the laws impacting on civil procedure in Uganda; and (g) to harmonize the civil procedure law of Uganda with those of other Partner States within the East African Community.
In the reporting period, the department developed a consultations paper which will form the subject of wide consultation with stakeholders.
2.3.1.4 Financial Leasing
ofThe the g overnmentcountry. This of was uganda as a isresult promoting of several the key financial players leasing expressing industry keen to interest enable inpeople having access legal interventionsfinancial services to legitimize of getting the equipment sector. through banks as a tool that can spur economic development
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in the courts of law because there is no stipulated law on which to anchor a legitimate argument. Currently, financial institutions that have been engaged in financial leasing have been challenged concernsAs a result, by financial enacting institutions the leasing end law up thereby limiting attractingextension variousof this facility players due to to the the industry risks involved hence spurringlargely due economic to absence growth. of a specific legal frame work. Countries in the region have addressed these
It is against this background that the Uganda Law Reform Commission with the support from the leasing in Uganda. Justice Law and order sector (JLOS) initiated proposals for introducing legislation on financial The Commission constituted a working group comprising representatives from Stanbic Bank, DFCU undertaken from the recommendation of the working group and a comprehensive report was writtenBank, private recommending legal practitioners the need and to undertake two financial a national leasing andpractitioners. a comparative The baselinestudy. The survey need was for legislation was highlighted. This activity will be carried out in the next Financial Year.
2.3.2 Criminal Law Projects The Commission undertook the following Criminal Law Projects.
2.3.2.1 Sentencing Guidelines On the 9th of August 2010 the Chief Justice, His Lordship Justice Benjamin Odoki inaugurated a taskforce chaired by Justice Yorokamu Bamwine and comprising of 23 representatives from key institutions within the criminal justice system to develop sentencing guidelines. This arose from a report and recommendations in 2002 when the Uganda Law Reform Commission conducted a study on the reform of the law on sentencing aimed at reviewing the court rules and directions in Uganda’s criminal justice system. This study formed the basis for development of sentencing guidelines that sought to achieve consistency in the application of the law on sentencing; promote the use of alternatives to imprisonment; promote the use of the rules of natural justice; and reduce
Theundue taskforce incarceration undertook of offenders two comparative within the criminal studies tojustice South system. Africa and the United Kingdom to establish best practices on sentencing guidelines that would inform the process for Uganda as well. A validation workshop was organised involving a number of stakeholders with the aim of building consensus in sharing findings and to agree on the way forward.
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Participants who attended the Validation Workshop at Imperial Royale Hotel, Kampala on 15th November 2011
A report and the Sentencing Guidelines was handed over to the Chief Justice by the Honorable Principal Judge on the 30th of November 2011 accompanied with study report and the Sentencing Reform Bill that makes proposals for establishment of a Sentencing Council to spearhead the development of sentencing guidelines.
The Honorable Principal Judge, Justice Yorokamu Bamwine handing over the study report and the Sentencing Guidelines to the Chief Justice, His Lordship Justice Benjamin Odoki on 30th November, 2011 at the Sheraton Hotel Kampala.
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2.3.2.2 Reform of the Law on Criminal Trial Procedures In the reporting period, the Commission completed the project on the reform of the law on criminal procedures. The reform of the law on criminal trial procedure was geared towards enhancing access to justice by the public and facilitating speedy due process of the law. The output of the project was a report and draft bills to amend the Magistrates Courts Act and the Trial on Indictments Act. The amendments propose to introduce plea bargain in criminal trial procedures, make provisions to regulate pre-trial procedures for both the prosecution and the defense and to allow the High Court to take plea in certain cases without committal proceedings.
2.3.2.3 Legislation on Witness Protection The initiation of legislation on witness protection is one of the areas where the Commission continued to carry out research during the reporting year. Witness protection is the process whereby witnesses who testify in proceedings are provided with specific procedural and non-procedural protection measures aimed at effectively ensuring their safety before, during and after their testimony.
With support from the United Nations Human Rights Office of the High Commissioner, the Commission held three consultative workshops on the proposed legislation, with judicial officers, practitioners, Theexperts Commission in the field prepared of witness a draft protection report and acivil draft society bill, which organizations will be forwarded among others. to the Minister of
Justice and Constitutional Affairs for consideration before the end of the financial year 2011/2012. 2.3.3 Social Law Projects The Commission undertook the following Social Law Projects:-
2.3.3.1 Translation of the Domestic Violence Act Uganda Law Reform Commission in partnership with OXFAM GB in Uganda, Action Aid Uganda, and Centre for Domestic Violence Prevention (CEDOVIP) translated the Domestic Violence Act into eight local Languages of Acholi, Alur, Ateso, Luganda, Rukonjo, Runyankore–Rukiga, Ngakaramojong and Runyoro- Rutoro.
The purpose of this initiative is to create awareness on the provisions of the Domestic Violence Act especially on preventing violence and promoting the implementation of this legislation by providing translated copies of the law as a strategy to enhance the role and responsibility of various institutions and structures in implementing the Act.
Uganda Law Reform Commission provided technical assistance for the translation of the Act, and the supervision and monitoring of the translation process. Central to this process was the pre-testing of the translated versions.
The Commission delivered draft copies of the translated Domestic Violence Act in the districts of Pader, Nebbi, Serere, Napak, Mubende, Hoima, Kasese and Rukungiri in selected sub counties from the 16th September to the 20th September 2011. The following were the sub counties: -
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District Sub county
Nebbi Nebbi Nyaravur
Pader Kilak Puranga
Rukungiri Kebisoni Bugamara
Kasese Bugogoya Munkunyu
Serere Kyere Kateta
Napak Iriiri Lerengecora
Hoima Municipality Kiloba
Mubende Town Council Bageza
This was followed by the pre-testing exercise that ran in the months of October and November 2011.
The purpose of this exercise was to establish whether the draft translated version conveys the same meaning as in the original, the targeted audience understands the translated version, the content and accuracy of the original version is maintained in the translated version and the language used is appropriate.
The translated versions were pre-tested with Local council III representatives, Local leaders/opinion leaders, Sub/county chiefs, Parish chiefs, youth and women representatives, students and teachers. In each of the two sub-counties visited in each district, 15 persons participated in the exercise. In all, a total of 240 participated from the eight regions. Hereafter, the translated versions of the Domestic Violence Act will be published and distributed to respective communities as a strategy to create awareness about this law as well as to enhance access to justice.
2.3.4.2 HIV and AIDS Prevention and Control Bill Advocacy The Commission carried out advocacy on the HIV/AIDS Prevention and Control Bill 2010 in four distrcts of Mbarara, Gulu, Soroti and Masaka. The advocacy was intended to solicit for support to enable the quick enactment of the HIV/AIDS Prevention and Control Bill. In addition, the activity was aimed at creating public awareness about the Bill as well as obtaining feedback on the proposed law. A report on the advocacy undertaken was prepared and forwarded to the Parliamentary Committee on HIV/AIDS to feed into the HIV/AIDS Prevention and Control Bill, 2010 being analyzed by the Committee and awaiting the second reading in Parliament.
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2.3.3.3 Reform of the Laws of Succession The Commission undertook a study to reform the laws of succession in Uganda. The overall objective of the study was to ensure among others that: the provisions of the laws of succession are in conformity with the Constitution of the Republic of Uganda 1995, national laws and international and regional human rights standards and practices, are up to date with the changing socio-economic circumstances of Uganda, and that the law is accessible to the people and its implementation can be better realized. Field work was carried out in several districts representative of the four regions consensusof Uganda. buildingIn the reporting on legislative period, proposals field data in was the analyzed draft amendment and a comparative bills. analysis undertaken. A detailed field study report and draft bills were prepared to form the basis of consultations for
2.3.4 Bills initiated by the Commission, that were enacted into law During the reporting period, the following Bills which were originated by the Commission were enacted into law:-
(a) The Computer Misuse Bill, No. 23 of 2008 This is an Act to make provision for the safety and security of electronic transactions and information systems; to prevent unlawful access, abuse or misuse of information systems including computers and to make provision for securing the conduct of electronic transactions in a trustworthy electronic environment and to provide for other related matters. The Computer Misuse Act was published in the Gazette as Act No. 2 of 2011 and commenced by Statutory Instrument No. 35 of 2011 on 15th April, 2011. Draft regulations are being prepared for consideration by the Minister responsible for Information and Communication Technology.
(b) The Electronic Signatures Bill, No.22 of 2008 This is an Act to make provision for and to regulate the use of electronic signatures and to provide for other related matters. The Electronic Signatures Act was published in the Gazette as Act No.7 of 2011 and commenced by Statutory Instrument No. 37 of 2011 on 15th April, 2011. Draft regulations are being prepared for consideration by the Minister responsible for Information and Communication Technology.
(c) The Electronic Transactions Bill, No.24 of 2008 This is an Act to provide for the use, security, facilitation and regulation of electronic communications and transactions; to encourage the use of e-Government services and to provide for related matters. The Electronic Transactions Act was published in the Gazette as Act No.8 of 2011 and commenced by Statutory Instrument No. 36 of 2011 on 15th April, 2011. Draft regulations are being prepared for consideration by the Minister responsible for Information and Communication Technology.
(d) The Capital Markets Authority (Amendment) Bill No. 19 of 2008 to the public and for connected purposes. It is a companion Bill to the Companies Bill, 2009 as it This is an Act to amend the Capital Markets Authority Act to provide for the offering of securities 16 Law reform for good governance and sustainable development transfers certain provisions, for instance relating to the Capital Markets Authority Act, Cap. 84 from the Companies Bill to the Capital Markets Authority Act. The Capital Markets Authority (Amendment) Act was published in the Gazette as Act No.12 of 2011 on 8th July, 2011.
(e) The Insolvency Bill No.14 of 2011 This is an Act to provide for receivership, administration, liquidation, arrangements, bankruptcy, the regulation of insolvency practitioners and cross border insolvency and to provide for other related matters. The Insolvency Act was published in the Gazette as Act No.14 of 2011. Draft regulations were produced by Uganda Law Reform Commission in consultation with other relevant stakeholders, with support from Private Sector Foundation Uganda (PSFU) for consideration by the Minister of
Justice and Constitutional Affairs. (f) The Mortgage Bill, No. 2 of 2007 This is an Act to consolidate the law relating to mortgages; to repeal and replace the Mortgage Act; to provide for the creation of mortgages; for the duties of mortgagors and mortgagees regarding consolidation and variation of mortgages; to provide for suits by mortgagors; the discharge of mortgages;matrimonial covenants, homes; to make conditions mortgages implied take in effect every only mortgage; as security; the to remedies provide for of priority, mortgagors tacking, and mortgagees in respect of mortgages; of the power of court in respect of mortgages; and for related matters. The Mortgage Act was published in the Gazette as Act No. 8 of 2009 and commenced on 9th September 2011 by S.I No. 44 of 2011.
Lands and other stakeholders prepared regulations for consideration by the Minister responsible forThe Lands. Uganda Law Reform Commission, Ministry of Justice and Constitutional affairs, ministry of
(g) The Contracts Bill, No. 2 of 2008 This is an Act to codify the law relating to contracts and to provide for other related matters. The Contracts Act was enacted as Act No.7 of 2010 and commenced on 15th September, 2011.
(h) The Domestic Violence Bill, No. 4 of 2009 This is an Act to provide for protection and relief to victims of domestic violence and to provide remedies for matters connected with or incidental thereto. The Domestic Violence Act was published in the Gazette as Act No. 3 of 2010 and commenced on 29th April 2011 by S.I No. 48 of 2011. Draft regulations were prepared and are ready for gazetting.
2.3.4.2 Bills approved by Cabinet and tabled in Parliament During the reporting period, there were no Bills that originated from the Commission that were approved by Cabinet and tabled in Parliament. This is partly because of elections and the setting up of a new Cabinet took place during the reporting period. However, a motion was moved in Parliament to save the Bills which had lapsed at various levels during the 8th Parliament. The Bills which were initiated by the Uganda Law Reform Commission and were saved by this motion include the following:- (a) the Companies Bill, No. 14 of 2009; (b) the Industrial Property Bill, No. 5 of 2009; (c) the Geographical Indications Bill, No. 3 of 2008;
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(d) the Chattels Securities Bill, No. 12 of 2009; (e) the Plant Variety Protection Bill; (f) the Plant Protection and Health Bill, 2010; (g) the Anti-Counterfeiting Bill, 2010; (h) the Accountants (Amendment) Bill; (i) the Free Zones Bill; (j) the WTO Implementation Bill; (k) the Trade Licensing (Amendment) Bill; (l) the Competition and Consumer Protection Bill; (m) the Sale of Goods and Supply of Services Bill; (n) the Co-operative Societies (Amendment) Bill; and (o) the Marriage and Divorce Bill, No. 19 of 2009.
Parliament. All the above mentioned bills are before the Legal and parliamentary affairs Committee of Other saved Bills include the Prevention and Control of HIV/AIDS Bill of 2009, which is before the HIV/AIDS Committee of Parliament.
2.3.4.3 Bills to be submitted to Cabinet Since the last reporting period, the status of the following Bills has not yet changed.
(a) Administration of Muslim Personal Law Bill, 2008
relatedThis is anmatters; Act to to give provide effect for to the Article administration 129(1) (d) of of Muslim the Constitution law for marriage to establish and divorce Qadhis’ of courtsMuslims. in Uganda; to provide for the jurisdiction of Qadhis’ courts and their judicial powers and for other with instructions to improve and consult on the Bill further. The Bill was submitted to Cabinet and returned to the Ministry of Justice and Constitutional Affairs (b) The Children (Amendment) Bill, 2010 The Amendment proposes to make provisions to apply to guardians as a category of persons to whom parental responsibility may be passed. It seeks to eliminate all traditional and cultural practices that are detrimental to a child’s health, well-being, education or development. It also being made relating to inter country adoption by reducing the thirty six months fostering period toconsiders twelve monthsprinciples and for provides determining for interalia, harmful exceptional employment. circumstances furthermore, under specific which amendment a court may is rescind an order of adoption. The Bill was submitted to the Ministry of Gender, Labor and Social Development for further action.
2.3.5 Publications by the Department
(a) Study report on legislation for HIV and AIDS 2011 In the reporting period, the Commission produced the Study report on legislation for HIV and AIDS
Prevention and Control Bill, reports from regional and national consensus building workshops on 2011. The report contains among others the study findings and recommendations, the HIV and AIDS 18 Law reform for good governance and sustainable development the Bill. It is envisaged that the report will aid advocacy process aimed at facilitating the enactment of the HIV and AIDS Prevention and Control Bill, 2010. The report was published as Uganda Law Reform Commission Publication No. 48 of 2011.
(b) Study report on the development of Sentencing Guidelines The Commission also published a study report on the Development of Sentencing Guidelines, and Sentencing Guidelines Practice Directions, of 2011.
2.4 Provision of technical assistance and advice to government departments During the reporting period, technical assistance was provided to the following institutions, ministries and government departments:-
Institutions, Ministries and Government Area of Assistance Departments;
Parliament of Uganda Opinions on Bills before the Legal and
when requested. The Bills covered this reportingParliamentary include; Affairs the CommitteePublic Order as a Management Bill, the Anti Homosexuality Bill and the proposed legislation on Bail.
Ministry of Information and Communication Technical assistance on development of Technology regulations on the cyber laws.
Technical assistance on development of regulations on Small Arms and Light Ministry of Internal Affairs Weapons
The Directorate of Ethics and Integrity Technical Assistance on amendment of the Leadership Code Act
Ministry of Agriculture Technical Assistance on review of the agricultural laws
Justice, Law and Order Sector Secretariat Technical Assistance on initiating legislation on transitional justice
Ministry of Tourism and Trade Technical Assistance on review of trade laws
2.4.1 On-going activities
2.4.1.1 Reform of the Uganda Law Reform Commission Act and Regulations The Commission is carrying out a review of the Uganda Law Reform Commission Act to update it and bring it in line with the Employment Act of 2006 and the Uganda Government Standing Orders of 2010.
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2.4.1.2 The Commission’s Communications Policy and Strategy
The Commission has prepared an integrated and comprehensive Communications Policy and Strategy in response to a timely and felt need for one overarching Communications Policy and Strategy governing the Commissions communications objective, but even more importantly, the need to urgently harmonize current disparate approaches that have so far been undertaken on an ad-hoc and sporadic basis without proper professional guidance and coordination. The Communications Policy and Strategy will supplement and professionalize the Commission communication systems and will enable the institution to once again blaze the trail in seeking to establish the necessary minimum communication standards and policy guidelines for the espoused in our vision. organization in an effort to transform the organization into a modern and efficient organization as
2.4.1.3 Transitional Justice Project
As part of the Transitional Justice process in Uganda, in April 2011, the Uganda Law Reform Commission commenced consultations to explore the use of traditional justice mechanisms and
Uganda. This is a follow-up of the government of Uganda’s commitment to implement the annexure totruth the telling Agreement as alternative on Accountability approaches and to Reconciliation, conflict resolution to adopt and appropriatefor the administration justice mechanisms of Justice soin
GoU adopts appropriate policy frame work for the implementation of the terms of the agreement as to resolve conflict, to promote accountability and reconciliation. The agreement requires that the proceedingsand introduces nationally modifications or internationally. to the national legal framework. This is intended to ensure a more effective and integrated justice and accountability response and facilitate the undertaking of legal Consultations were undertaken in the months of May and June 2011. The country was clustered into eight sub-regions which comprised the tribal groupings in Uganda including the Acholi, Buganda, Bugisu/Busoga/Bugwere/Samia, Bunyoro/ Toro/Ankole, Karamoja/ Kapchorwa, Lango, Teso and information for the purpose of making national proposals for the implementation of alternative justice.West Nile A totalsub-regions. of 1810 T respondentshe clustering were was intended reached tothrough enable key the informantresearchers interviews, collect culture focus specific group discussions, observations and community dialogues.
The consultations were undertaken by a team of 40 researchers drawn from the JLOS institutions, CSO (including AKIJUL, Development Training and Research Centre (DETREC) working in the Lango
Reconciliation Project (JRP) in the Acholi sub-region), and local government district administrative units.Teso and Karamoja sub-regions on Peace building and Conflict transformation initiatives, Justice and
20 Law reform for good governance and sustainable development
Bungatira sub-county in Gulu district in respect of the transitional justice project A member of staff of the Uganda Law Reform Commission conducting a community dialogue in Lukodi Village,
justicePreliminary system. findings indicate that traditional mechanisms are still in use in most communities in Uganda. traditional Justice mechanisms are far more accessible and affordable than the formal Following the sub-regional consultations, feedback and consensus building workshops were undertaken in eight districts in the eight sub-regions. Including:-
Sub-region Workshop district Dates
Acholi Gulu 2nd June 2011
Buganda Luwero 16th June 2011
Bugisu/Busoga/Bugwere/Samia Iganga 1st June 2011
Bunyoro/ Toro/Ankole Mbarara 27th May2011
Karamoja/ Kapchorwa Moroto 30th May 2011
Lango Lira 1st June 2011
Teso Soroti 8th June2011
West Nile Arua 2nd June 2011
wayThe purposeforward. of The these workshops workshops drew was together to provide on feedbackaverage 40 to representatives key stakeholders of on key the stakeholders preliminary from field thestudy study findings districts, and build neighboring consensus districts with them and onsome the correctnessrespondents. of In the all information the workshops, collected attendance and the
21 Law reform for good governance and sustainable development
workshops. The recommendations of these workshops have been fed into the draft consultation reportwas more that thanwill be100%, presented meaning at a thatnational even feedback persons and who consensus were not building officially workshop. invited attended the
OrderOutstanding Sector activitiesLeadership include and Steering the national committees. feedback and consensus building workshop, finalization of the consultations report, finalization of policy proposals and submission to the Justice Law and
2.5 Plans for the year 2011 In line with the Commission’s Strategic Plan, the department will continue to carry out its activities under the following categories:-
2.5.1 Advocacy In view of the several studies that have been undertaken and the proposals made during the reporting period, the Commission has designed an advocacy strategy to build consensus and sensitize the public and other key stakeholders on the same. Advocacy in 2012 will focus on family, commercial and cyber laws and subject to funding, the main activities will include advocacy and dissemination of the following Acts, Bills and their regulations:- (a) the Domestic Violence Act, No. 3 of 2010; (b) the Contracts Act, No. 7 of 2010; (c) the Hire Purchase Act; (d) the Geographical Indications Bill, No. 3 of 2008; (e) the Chattels Securities Bill, No. 12 of 2009; (f) the Companies Bill, No. 14 of 2009; (g) the Insolvency Act, No. 14 of 2011; (h) the Partnerships Act, No. 2 of 2010; (i) the Trademarks Act, No. 17 of 2010; (j) the Electronic Signatures Act; (k) the Electronic Transactions Act; and (l) the Computer Misuse Act
2.5.2 Research for reform The Commission will continue to undertake research in the following areas:- (a) Financial Leasing; (b) Civil Procedure Rules; (c) Electoral law reform; (d) Mental health; (e) National Citizenship and Immigration Control Act; (f) veterinary legislation; (g) Markets Act; (h) NGO Act; (i) Registration of Tittles Act; (j) Employment Act; (k) Penal Code Act; (l) Laws that regulate Government Analytical Laboratories; (m) Regulation of the construction industry; and (n) Legislation on the Directorate of Government Analytical Laboratory
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2.5.3 Publications The Commission will publish study reports on completed areas of research, for instance, study reports on; the Uganda Law Reform Commission Act, the law of Succession in Uganda, Trial Procedures, and Witness Protection law.
2.5.4 Technical assistance to Ministries, Departments and Agencies The Commission will also continue to provide technical assistance in respect of law reform and other legal matters to other Government Ministries, Departments and Agencies and respond to urgent and special assignments.
2.5.5 Civic education/sensitization The department will undertake civic education/sensitization on enacted bills, bills in the pipeline such as the Bill on Marriage and Divorce and Regulations.
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CHAPTER THREE
THE FINANCE AND ADMINISTRATION DEPARTMENT
3.0 Introduction
The Department is headed by the Undersecretary assisted by the Principal Assistant Secretary, Senior
ThePersonnel Department’s Officer, Scoreenior functions Economist are and to:- the Senior Accountant, among other staff members.
Commission; (a) mobilize resources; financial, human and material for effective operation of the (b) oversee the overall coordination and monitoring of all programmes of the Commission; (c) analyze and submit technical reports on all the projects of the Commission; (d) ensure prudent resource planning and management; (e) collect and analyze data for various Commission projects; (f) coordinate the development plans of the Commission; and (g) undertake budgeting for all Commission activities.
3.1 Activities of the Department
3.1.1 Administration The following activities were carried out under this department; (a) Annual and quarterly reports were prepared and submitted on time; (b) The Ministerial Policy Statement was prepared and submitted; (c) Final accounts for Financial Year 2010/2011 were prepared and submitted to the Accountant General on time; (d) The department facilitated various procurements of the Commission such as: i) printing of Commission publications; ii) equipment and furniture; iii) media adverts and supplements;
24 Law reform for good governance and sustainable development
(a) The following staff were recruited and assumed offices:
CHAPTER THREE No. Name Post 1 Patrick Nyakaana Commissioner Law Reform
2 Obol David Otori Undersecretary
3 Arwako Patricia Legal Intern
4 Lamuno Sheila Legal Intern
5 Turyasingura Babra Legal Intern
6 Apio Mary
7 Owingo Walter Office Attendant
Office Attendant (b) The following staff left the service of the Commission:
No Name Title
1 Prof. J.M.N. Kakooza Chairman
No Name (other employees) Title
1 Anthony Kakooza
2 Edward Kitonsa Senior Legal Officer
3 Doreen Pachuto SLegalenior Intern Legal Officer
4 Joanita Munyango Legal Intern
5 Mary Namono Legal Intern
6 William Acale Driver
(c) The Commission facilitated wholly or partially a number of staff who undertook various trainings. These included:
No. Name Course
1 Patrick Nyakaana; and Successful Law Reform at the Royal Institute of Public 2 Gad Tumushabe Administration, London, UK
25 Law reform for good governance and sustainable development
3 Moses Apopel Institute for Chartered Secretaries and Administrators (ICSA).
4 Isabel Omal Masters degree in Legislative Drafting in UK
5 Peter Wambete MBA – ESAMI
6 George Atwijukire MBA – ESAMI
(a) (i) Major revision benchmarking study tour to the United Kingdom; A number of staff were facilitated to attend study tours as follows: (ii) Sentencing Guidelines study tours to the United kingdom and South Africa; (iii) justice Centers and Legal Aid delivery mechanisms study tour to South Africa; and (iv) Companies law study tours to United Kingdom and South Africa.
(b) and workshops. Various Commission staff participated in a number of international and local conferences (c) (i) Strategic planning retreat in Jinja Nile Resort hotel in May 2011; The Commission organized the following workshops for staff development:- (ii) Organizational Development for Senior Management in Bugolobi, Kampala, in November 2011; and
December 2011. (iii) Organizational Development retreat for all ULRC staff held in Mbale Resort Hotel in (d) The Commission secured funding as follows:- (i) Government of Uganda - shs. 2.985bn (ii) jLOS - shs. 1.030bn (iii) NTR - shs. 238m
3.1.2 Activities under East African Community The Commission was involved in the harmonization of laws in the EAC context. The work included the study and review of the laws in preparation for the implementation in July 2010 of the Common Market Protocol for EAC. Among the laws so far harmonized are:- (i) Companies law; (ii) Partnership Act, 2010; (iii) Business Names Registration Act, Cap. 109; and (iv) Insolvency (bankruptcy) law.
Market Protocol were the following:- (i)Amongst Labor the lawsand Employment identified and laws; considered as urgent for the implementation of the EAC Common (ii) Immigration laws;
26 Law reform for good governance and sustainable development
(iii) Investment laws; and (iv) Trade licensing
Secretariat in Arusha, Tanzania. The meeting was aimed at providing technical advice to the Council The Commission was represented at the Senior Officials meeting at the East African Community integration processes. of Ministers through the Coordinating Committee, on a cross section of matters affecting the EAC the following proposals:- (i)The Commissionthe establishment also provided of atechnical Bureau ofadvice Speakers to the as M aninistry organ of of E astthe A Communityfrica Community under A Articleffairs on 9 (1) (h) of the Treaty for EAC; (ii) the transfer of the Co-ordination of the inter-parliamentary committee to the East African Legislative Assembly; and (iii) the establishment of an East African Parliamentary Institute.
3.1.3 Social events 2011 both a farewell and welcome party for Prof. J.M.N. Kakooza (former Chairperson), and Hon. Jovah KamateekaThe Commission (former held Undersecretary), two parties: the Prof. first Agasha which Mugasha was held and on Commissioners29th april at p respectively.rotea hotel wasThe party. At this party, best performing employees of the year were recognized and rewarded. These weresecond Irakiza which Barbra was held (employee on 10th of December the year), 2011 Atwijukire at Mbale George Resort (runner Hotel up-non,was the lawyer staff end category), of year and Okello Eugene (runner up-lawyer category).
3.1.4 Births
Lilliane Kiwanuka, Tessa Kawooya, Jackie Akuno, and Sam Mubakye. Babies were born to the families of the following staff members: Frank Othembi, Moses Apopel,
3.1.5 Obituaries On a sad note Mike Nsereko lost his mother and father, Zitta Nadunga lost her mother and Winnie Tuhaise lost her father in the course of the year. The Commission shared grief and sent condolences to the affected staff. May their souls rest in eternal peace. 3.2 Plans for the year 2012 In the coming year, the Commission will continue implementing its Strategic Plan and the third JLOS Strategic Investment Plan (SIP III). Priority will be given to the following activities:- (a) posts; completing the recruitment process of all Commission staff by filling all vacant (b) (c) completing and implementing the Commission’s Human Resource Manual; finalising and adopting a work place HIV /AIDS Policy; (d) reviewing the structure and administrative policies and procedures of the
Commission in order to enhance staff welfare and development; 27 Law reform for good governance and sustainable development
(e) (f) updating information on the Commission website; continuing to support staff development through training; (g) mobilizing resources and equipment to facilitate Commission activities; CHAPTER FOUR (h) publishing the Uganda Living Law Journal; compiling the Annual Report;
departments of the Commission; the ministerial policy statement; and other publications from the different (i) Plans to develop an online library are also underway; transforming the Commission library into a fully fledged Resource Centre. (j) participating in activities of regional and international bodies such as the EAC, COMESA, UN, WTO, ALRAESA, SMART Partnership, AAPAM, CAPAM, CALRA’s, ESAAG, etc. (k) (l) formation of a SACCO for staff of the Commission; and reviewing of salary and allowances for staff of the Commission.
28 Law reform for good governance and sustainable development CHAPTER FOUR
NETWORKING WITH OTHER LAW REFORM COMMISSIONS, GOVERNMENT AGENCIES, CIVIL SOCIETY ORGANISATIONS AND THE EAST AFRICAN COMMUNITY 4.1 Linkages with Government Ministries, Departments and Agencies, 2011 During the reporting period, the Commission worked closely with the following Government Departments/Ministries on various projects:-
Chambers as the Ministry responsible for the Commission in policy guidance, (a) budgetingMinistry of and Justice budget and presentation Constitutional before a Parliamentffairs and andthe on attorney the various general’s draft bills; (b) The Directorate of the First Parliamentary Counsel in the revision of laws, drafting of bills and Cabinet Memorandum and harmonising approved principles with draft bills; (c) Ministry of Finance Planning and Economic Development in budget execution; (d) The Justice, Law and Order Sector under the Sector Wide Approach. The Commission served on various committees of the Sector such as the Leadership, Steering, Technical and other Working Group Committees;
Committee; (e) Parliament of uganda and in particular the Legal and parliamentary affairs (f) The Judiciary especially as regards the development of Sentencing Guidelines; (g) The Uganda Human Rights Commission; (h) Law Reforms of England and Scotland.
4.2 Linkages with Development Partners and Civil Society Organizations, 2011 The Commission continued to enjoy a good working relationship with a number of Development Partners and Civil Society Organisations including:- (a) Danish International Development Agency;
29 Law reform for good governance and sustainable development
(b) European Union;
(d) United Nations Development Program; (c) United Nations Office on Human Rights; CHAPTER FIVE (e) OXFARM GB; (f) Action Aid Uganda; (g) Amnesty International; (h) International Law Institute; (i) The Uganda Network on Law, Ethics and HIV/AIDS; (j) Foundation for Human Rights Initiatives; (k) The Uganda Women’s Network; (l) The Uganda Law Society; (m) The Private Sector Foundation Uganda; (n) The Uganda Manufacturers Association; and (o) Institute of Languages, Makerere University;
4.3 Linkages with East African Community The Commission continued to participate in meetings of the Council of Ministers, Coordinating
Approximation of EAC Laws all aimed at fostering greater integration within the EAC. Committee of Permanent Secretaries, Sectoral Council on Legal and Judicial Affairs, Committee on
4.4 Linkages with Association of Law Reform Agencies for Eastern and Southern African (ALRAESA) The Uganda Law Reform Commission is a member of the Association of Law Reform Agencies for Eastern and Southern African (ALRAESA). The Chairman of the Commission represents the Commission at the meetings which are held annually. In November, 2011 he attended a workshop in Malawi where plans for preparation of a model law on elections were discussed. The project awaits funding.
4.5 Linkages with Commonwealth Association of Law Reform Agencies (CALRAS)
The Uganda Law Reform Commission is a member of the Commonwealth Association of Law Reform Agencies (CALRAS). The conference takes place every two years. The Secretary attended both the conference and assembly meeting which were held in Hyderabad, India, in 2011.
30 Law reform for good governance and sustainable development CHAPTER FIVE
CHALLENGES OF THE COMMISSION
In performing its statutory functions, the Commission faced a number of challenges during the reporting period.
5.1 Slow legislative process The Commission has also continuously been faced with the challenge of the slow legislative process regarding the tabling and passing bills into law.
5.2 Insufficient resources
andThe otherCommission publications, is faced undertaking with the problem advocacy of programmes,insufficient funding, recruitment a situation as well that as thehas facilitationnegatively affected its ability to accomplish some of its planned activities such as printing of the revised laws of staff. 5.3 Increased cost of living
The cost of living in Uganda has been increasing at a very high rate with inflation reaching 30% at the end of the year. This has led to increased operational costs. It has also affected the welfare of the staff since their pay has remained constant. 5.4 Cost of rent for offices and storage of printed material percentage of the Commission’s annual budget greatly constrains the Commission in performing its statutoryThe high functions.cost of rent for offices and storage of printed material which consumes a significant
5.5 Narrow Structure The activities of the Commission are complex and sometimes ad-hoc in nature. This calls for more employees of different specialties. However, the structure of the Commission is narrow with limited provisions at the top to take care of promotions of staff who gain experience and higher ofqualifications. the non commensurate This poses salarygreat challenges scales. of staff retention. It has led to loss of staff in some key posts as well as making it difficult for the Commission to attract new staff to the same posts because
31 Law reform for good governance and sustainable development
ANNEXURE
Annex I: ULRC Commissioners as at 31st December, 2011
Name Post/Title Status
Prof. Agasha Mugasha Chairman Contract
Dr. Peregrine Kibuuka Commissioner Contract
Mrs. Vastina Rukimirana Nsanze Commissioner Contract
Mr. John Mary Mugisha Commissioner Contract
Mrs. Margaret Tiyo Ayiseni Commissioner Contract
Dr. Harriet Diana Musoke Commissioner Contract
Dr. Henry Micheals Onoria Commissioner Contract
Annex II: ULRC Staffing position as at 31st December, 2011
Name Post/Title Status
1 Frank Nigel Othembi Secretary, ULRC Contract
2 Alexandra Nkonge Commissioner Confirmed
3 Patrick Nyakaana Commissioner Confirmed
4 David Obol Otori Undersecretary Confirmed
5 Florence Ochago Asst. Commissioner Confirmed
6 Gad Tumushabe Asst. Commissioner Confirmed
7 Moses Apopel Principal Assistant Secretary Confirmed
8 Annet Koote Principal Legal Officer Confirmed
9 Philip Odoki Principal Legal Officer Confirmed
10 Jeroline Akubu Principal Legal Officer Confirmed
11 Isabel Omal Principal Legal Officer Confirmed
12 Zitta Nadunga Principal Personal Secretary Confirmed
13 Peter Wambete M. Sen. Personnel Officer Confirmed
14 Mike Nsereko Senior Economist Confirmed
32 Law reform for good governance and sustainable development
15 Esther Majambere Senior Legal Officer Confirmed
16 Jackie Akuno Senior Legal Officer Confirmed
17 Lilian Kiwanuka Senior Legal Officer Confirmed
18 Tessa Kawooya Senior Legal Officer Confirmed
19 Jane Frances Adongo Senior Sociologist Confirmed
20 Beatrice Mugisha Senior Personal Secretary Confirmed
21 Andrew Khaukha Legal Officer Confirmed
22 Kenneth Rutaremwa Legal Officer Confirmed
23 Katooko Frances Legal Officer Confirmed
24 George Atwijukire Accountant Confirmed
25 Joyce Murungi Personal Secretary Confirmed
26 Barbra Irakiza Personnel Officer Confirmed
27 Charles Birungi Sociologist Confirmed
28 Doreen Sakwa Systems Administrator Confirmed
29 Prossy Nassanga Librarian Confirmed
30 Nathan Magera P. Procurement Officer Confirmed
31 Moses Wambi Sen. Asst. Records Off. Confirmed
32 Richard Kamure Office Supervisor Confirmed
33 Margaret Khakasa Personal Secretary Confirmed
34 Winfred Tuhaise Sen. Accounts Asst. Confirmed
35 James Manda Sen. Accounts Asst. Confirmed
36 Prisca Iribagiza Steno Secretary Confirmed
37 Grace Nerima Steno Secretary Confirmed
38 Josephine Bahingire Steno Secretary Confirmed
39 Enock Ekallam A Asst Procurement Off Confirmed
40 Samuel Lwanga Accounts Asst. Confirmed
41 Leonard Baguma M. Accounts Asst. Confirmed
42 Miria Kyobutungi Receptionist Confirmed
43 Joy Nandudu Office Typist Confirmed
33 Law reform for good governance and sustainable development
44 Moses Malinga Records Assistant Confirmed
45 Augustine Ekasabat Research Assistant Contract
46 Ronald Lutunda Legal Assistant Contract
47 Carolyn Nibarungyi Legal Assistant Contract
48 Eugene Okello P. Legal Assistant Contract
49 Johnson Bigiira B. Legal Intern Contract
50 Mary Nyabalega S. Legal Intern Contract
51 Barbra Turyasingura Legal Intern Contract
52 Angella Ssamanya Copy Typist Confirmed
53 Emily Kiconco Office Attendant Confirmed
54 Samuel Mubakye Office Attendant Confirmed
55 Kariwabo Eric Office Attendant Confirmed
56 Laban Turyatemba Office Attendant Confirmed
57 Walter Owingo Office Attendant Contract
58 Margret Namuddu Office Attendant Confirmed
59 Simon Onzima Driver Confirmed
60 Joseph Kayiira Driver Confirmed
61 Karoli Ekajo Driver Confirmed
62 Peter Kaminza Driver Confirmed
63 Oscar Emagu Driver Contract
64 Milton Kamoti Driver Contract
65 Suleiman Salim Driver Confirmed
66 Moses Sempijja Driver Contract
Annex III: Publications of the Commission, 2011
No. Publication
1. Ministerial Policy Statement 2011/2012
2. Annual Report, 2010
34 Law reform for good governance and sustainable development
3. Study report on legislation for HIV and AIDS, 2011
4. Study report on the development of Sentencing Guidelines
Annex IV: Members of the ULRC Appointments Board as at 31st December 2011
Name Title /Institution
1. Prof. Agasha Mugasha Chairman, Uganda Law Reform Commission
2. Dr. Peregrine Kibuka Member, Uganda Law Reform Commission
3. Mrs. Vastina Rukimirana Nsanze Member, Uganda Law Reform Commission
4. Mr. Francis L Oryang Member, Public Service Commission
5. Mr. Joseph J. Nanseera Member, Ministry of Public Service
6. Ms Margaret Apiny Member, Ministry of Justice & Constitutional
7. Mr. Frank N. Othembi ASecretary,ffairs Uganda Law Reform Commission
Annex V: Members of the Law Revision Taskforce
Name Institution
1. Hon. Justice Musoke Kibuuka Judiciary / Chairperson(Task force)
2. Mrs. Vastina Rukimirana N Vice Chairperson (Task force)
3. Prof. Agasha Mugasha Chairperson, ULRC
4. Prof. Joseph M.N Kakooza Former Chairperson, ULRC
5. Mr. Stephen Niyonzima MEACA
6. Ms. Irene Lugayizi FPC
7. Mr. Bruce Kyerere ULS
8. Ms. Florence Nakacwa LDC
9. Mr. Pius Biribwonoha Parliament
10. Mr. Sam Wairagala JLOS Secretariat
35 Law reform for good governance and sustainable development
11. Mr. Joseph Ssonko Advocate
12. Mr. Musa Ssekaana Advocate
13. Mr. Frank Nigel Othembi ULRC
14. Ms. Alexandra Nkonge ULRC
15. Mr. Patrick Nyakaana ULRC
16. Mr. Gad Tumushabe ULRC
17. Ms. Isabel Omal ULRC
18. Mr. Mike Nsereko ULRC
19. Ms. Esther Majambere ULRC
20. Ms. Katooko Frances ULRC
21. Ms. Carolyn Nibarungyi ULRC
22. Ms. Grace Nerima ULRC
Annex VI: Editorial Board for the Uganda Living Law Journal, 2011
No. Name Title/Institution
1. Prof J.M.N Kakooza Chairperson (Editorial board)
2. Prof. Agasha Mugasha Chairperson, ULRC
3. Mr. Frank Nigel Othembi ULRC
4. Professor David Bakibinga Makerere University
5. His Worship Wilson M. Musene High Court of Uganda
6. Mr. Pius Biribonwoha Parliament
7. Hon. Jovah Kamateeka K. Parliament
8. Mr. Deo Rubumba N. Advocate
9. Ms. Easter Majambere ULRC
10. Ms. Harriet Diana Musoke ULRC
11. Ms. Kamugisha M.B. -
12. Mr. Asan Kasingye Uganda Police Force
13. Ms. Alexandra Nkonge ULRC
36 Law reform for good governance and sustainable development
14. Ms. Florence Ochago ULRC
Annex VII: Taskforce members for Sentencing Guidelines
Lead Commissioner : Dr Henry Micheals Onoria
Name Institution
1. Justice Yorakamu Bamwine Judiciary
2. Ms. Margaret Tibulya Judiciary
3. Ms. Baine-Omugisha C. JLOS Secretariat
4. Mr. Expedit Kaaya Law Development Centre
5. Ms. Joyce Kavuma Judiciary
6. His worship Francis Matenga Magistrates Court, Makindye
7. Ms. Joan Kagezi DPP
8. Ms. Dorothy Kyampire FPC
9. Mr. Bruce Kyereere Uganda Law Society
10. Mr. Zilabamuzale Ex-prisoners
11. Mr. Syney Asubo IGG
12. Mr. Okoth Ochola Uganda Police Force
13. Mr. Kintu Paul Community Service
14. Mr. Aloysius Kagoro UPDF
15. Mr. Kisembo John UNAFRI
16. Dr. Maureen Owor LDC
17. Anne Mugisha New Vision
18. Frank Nigel Othembi ULRC
19. Florence Ochago ULRC
20. Philip Odoki ULRC
21. Lillian Kiwanuka ULRC
22. Jane Frances ULRC
37 Law reform for good governance and sustainable development
23. Khaukha Andrew ULRC
24. Edward Kitonsa ULRC
25. Khakasa Margaret ULRC
Annex VIII: Taskforce members for Trade Licensing Act Project
1. Representative from Ministry of Tourism Trade and Industry
2. Representative from Ministry of Energy and Mineral Development
3.
4. Representative from MFirstinistry Parliamentary of finance, PCounsellanning & Economic Dev.
5. Representative from Uganda Registration Services Bureau
6. Representative from Private Sector Foundation
7. Assistant Commissioner Urban Inspection
8.
9. PRepresentativerincipal Research from O fficer,Uganda M oLInvestmentG Authority
10. Representative from Uganda Manufacturers Association
11. Representative from KACITA
12. Representative from Uganda National Chamber of Commerce & Ind.
13. Representative from Uganda Revenue Authority
14. Monitoring & Evaluation Specialist (CICS),
15. Registrar, Commercial Court
16. Secretary, ULRC
17. Commissioner, Law Revision, ULRC
18. Undersecretary, ULRC
19. Commissioner, Law Reform, ULRC
20.
21. Principal Legal Officer, ULRC
22. SSeniorenior LegalSociologist, Officer, ULRC ULRC
22.
Legal Officer, ULRC 38 Law reform for good governance and sustainable development
23. Legal Assistant, ULRC
24. Personal Secretary of ULRC
Annex IX: Taskforce members for Succession Project
Lead Commissioner : Mrs Margaret Tiyo Ayiseni
Name Institution
1. Ms. Florence Nakachwa Law Development Centre
2. His Worship David Batema Judiciary
3. Mr. Akena
4. Ms. Susan Muwanga AMoGLSDdministrator General’s Office
5. Ms. Lydia Kisekka Uganda Land Alliance
6. Ms. Patricia Atim Makerere University
7. Mr. Robert Bogere
8. Ms. Nakyazze Rachel AFIDAdministrator General’s Office
9. M. Frank Othembi ULRC
10. Ms. Alexandra Nkonge ULRC
11. Mr. David Obol O. ULRC
12. Mr. Patrick Nyakaana ULRC
13. Ms. Koote Annet ULRC
14. Kiwanuka Lillian ULRC
15. Adongo Jane ULRC
16. Lutunda Ronald ULRC
17. Okello E ULRC
18. Khakasa Margaret ULRC
19. Bigira Johnson ULRC
20. Ekasabat Augustine ULRC
39 Law reform for good governance and sustainable development
Annex X: Workshops and Conferences attended by Chairperson and Commission staff, 2011
Date Workshop Officer
1 21-25 Feb 2011 ESAAG – Nairobi George Atwijukire
2 14th -19th March Promoting professionalism in public service – Wambete M.P Addis Ababa
3 14th -19th March Promoting professionalism in public service – Irakiza Barbra Addis- Ababa
4 18th – 19th April Forum for Procurement cadre workshop – Magera Paul Masaka
5 27th May Breakfast meeting on internal protocol at Odoki Philip Imperial Royale Hotel
6 25th May 3rd Business licensing forum at private sector Frank Nigel Othembi foundation
7 23rd -30th June Consultations on the draft prohibition of female Kitonsa Edward genital mutilations Karamoja, Sabiny & Central Region
8 24th – 26th May CAPAM – Nairobi Apopel Moses
9 18th -21st July Common Wealth Magistrates and judges Frank Othembi Association Conference
10 9th September The 5th National Grade sector Review Kawooya Tessa conference – Speak Resort Munyonyo
11 9th – 10th Sept Workshop of Southern African Chief Justices - Nyakaana Patrick Speak Resort Munyonyo
12 14th Sept Transport Stakeholders Workshop Apopel Moses
13 27th – 28th Sept Operating of letters of credit – Serena Hotel Magera Paul.
14 27th – 28th Sept Operation of letters of credit – Serena Hotel Baguma Leonard
15 11th – 12th Oct East African Magistrates & Judges Association Prof. Agasha Mugasha (EAMJA)
16 11th – 12th Oct East African Magistrates & Judges Association Frank Othembi (EAMJA)
17 24th – 26th Nov East African law Society conference AGM – Patrick Nyakaana Ngurdoto Mt- Arusha
40 Law reform for good governance and sustainable development
18 20th – 21st Oct Odoki Philip Insolvency & Secured transactions in East Africa andRegional South W Africaorkshop – Resort on building Hotel –effective Entebbe
19 2nd – 5th Nov International Conference on Land policies – Koote Annet MUK
20 24th – 26 Nov AGM – East African Law Society Mugisha John Mary & Patrick Nyakaana
21 2nd – 3rd Nov National Validation Workshop APRM Apopel Moses Programme
22 7th – 10th Dec Organizational Development Workshop – Mbale
23 30th Jan – 5th Tour of South Africa’s Legal Aid System AApopelll staff Moses – ULRC Feb
24 5th – 9th Feb Commonwealth Law conference Hyderabad Prof JMN Kakooza India
25 5th – 9th Feb Commonwealth Law conference Hyderabad Othembi Frank India
26 2nd – 4th Feb Doing Business Reform Conference – Mombasa Odoki Philip
27 28th – 30th EAC Cyber laws Rutaremwa Kenneth March
28 16th – 17th May Nyakaana Patrick
29 20th May EAEACC Ameetingrusha Legal – Bujumbura & Judicial Affairs Prof. Agasha Mugasha & Nkonge Alexandra
30 30th May – 1st ALRAESA Conference – Windlock- Namibia Commissioner Diana. June Musoke & Nkonge Alexandra
31 18th – 16th June Benchmarking study tour of the Law Agasha Mugasha & Commission of England Othembi Frank
32 2nd – 11th Sept Revision study tour –London Othembi Frank
33 2nd – 11th Sept Revision study tour –London Nkonge Alexandra
34 2nd – 11th Sept Revision study tour –London Majambere Esther
35 14th – 25th Aug Trade &Finance Patterns – Beijing – China Prof Agasha Mugasha
36 24th – 28 Oct Changing the law Course – PAI- UK Nyakaana Patrick
37 24th – 28 Oct Changing the law Course – PAI- UK Tumushabe Gad
41 Law reform for good governance and sustainable development
38 8th Oct Study tour on sentencing guidelines – London Othembi Frank UK
39 26th – 30th Sept EAC – Zanzibar Nkonge Alexandra
40 31st Aug – 3rd EAC – Arusha Koote Annet Sept
41 24th Oct – 3rd Prof Agasha Mugasha Nov EAC – Arusha Legal & Judicial Affairs 42 24th Oct – 3rd Othembi Frank Nov EAC - Arusha Legal & Judicial Affairs 43 7th – 11th Nov ALREASA Conference – Malawi Prof Agasha Mugasha
44 22nd – 24th Nov EALS Conference – Arusha Nyakaana Patrick
45 12th – 27th Nov Visit to Atlanta – LRC Musoke Diana
46 21st - 26th Nov EAC meeting of Council of Ministers – Othembi Frank Bujumbura
47 21st - 26th Nov EAC meeting of Council of Ministers – Omal Isabel Bujumbura
48 13th - 18th Nov AAPAM Round table conference - Malawi Apopel Moses
Annex XI: List of Publications received by the Commission, 2011
No. Title of Publication Publisher
The Uganda Gazette and its supplements i.e. all Acts, Bills, statutory Instruments, legal Notices and Ordinances 2011
Discussion Paper Prescription and Title to Moveable Scottish Law Commission Property
The National Movement Manifesto 2011-2016 NRM Secretariat Uganda
Discussion Paper on Judicial Factors Scottish Law Commission
Discussion Paper on Simiral Fact Evidence on Morox Scottish Law Commission Doctrine
A Study Report on Marriage and Divorce in Uganda Uganda Law Reform Commission
42 Law reform for good governance and sustainable development
Oxford Dictionary of Law Oxford University Press
Osborne’s Concise Law Dictionary Sweet & Maxwell
Glanville Williams: Learning The Law Sweet & Maxwell
Modern Theories of Law By Ivor Jennings Universal Publishers
Bromley’s Family Law 10th Ed. Oxford University Press
Bird’s Modern Insurance Law 8th Ed. Sweet Maxwell
Concepts of Jurisprudence Nairobi University Press
The Search For a National Consensus: The Making of The Fountain Publishers 1995 Uganda Constitution by Benjamin J.B Odoki
Constitutional and Political History History of Uganda: Law Africa From 1894 to Present by Kanyeihamba
Criminal Procedure and Practice In Uganda by Musa Law Africa Ssekaana
Civil Procedure and Practice in Uganda by Musa Ssekaana Law Africa
Judicial Review: Law and Practice by Peter Kaluma Law Africa
Source Book of Uganda Land Law by John T. Mugambwa Fountain publishers
Partnership Law In Uganda by D.J Bakibinga Professional Books
Revenue Law In Uganda By D.J Bakibinga By Fountain Fountain Publishers Publishers
Equity and Trusts in Uganda By D.J. Bakibinga Law Africa
Fountain Publishers Tibatemwa E. Sexual Assaults And Offences Against Morality by Lillian Law of Contract In Uganda by D.J. Bakibinga Fountain Publishers
Land Transactions: Law Practice and Jurisprudence Fountain Publishers Ayebare Tumwebaze
43 Law reform for good governance and sustainable development
Compendium Of Electoral Laws (As At 31st December Uganda Law Reform 2010) Commission
Justice Law And Order Sector (JLOS) Report of The Justice Law and Order Fourth National JLOS Forum By JLOS Sector - Uganda
Bound Copies of Acts, 2006, 2007, 2008 and 2009 Uganda Law Reform Commission
Bound Copies of Statutory Instruments and Legal Notices, Uganda Law Reform 2006, 2007, 2008 Ad 2009 Commission
Bound Copies of Bills , 2006, 2007, 2008 Ad 2009 Uganda Law Reform Commission
Bound Copies of The Uganda Gazette, 2006, 2007, 2008 Uganda Law Reform Ad 2009 Commission
Annual Report of The Uganda Law Reform Commission Uganda Law Reform 2010 Commission
Report on The Introduction of a Legal Framework on The Law Reform Electronic Commerce and Cyber Crime Commission of Tanzania
Consultation Paper on Expert Evidence Law Reform Commission of Tanzania
Review of The Law of Homicide : Final Report Law Reform Commission Of Western Australia
Report on Privacy and Data Protection Law Reform Commission of South Africa
Report on Stalking Law Reform Commission of South South Africa Law Reform Africa Commission
No. Title of Publication Publisher
Report on Consolidated Legislation Pertaining to South Africa Law Reform International Judicial Corporation in Civil Matters Commission
Report on Protected Disclosures South Africa Law Reform Commission
Discussion Paper On Compensation For Injury. Law Reform Commission of Western Australia
44 Law reform for good governance and sustainable development
Compensation For Injuries – Final Report Law Reform Commission Of Western Australia
Discussion Paper on Supplementary and Miscellaneous Scottish Law Commission Issues Relating to Trust Law
Discussion Paper on Criminal Liability of Partnerships Scottish Law Commission
Consumer Redress For Misrepresentation and Aggressive Scottish Law Commission Practices: A Joint Consultation Paper
The Constitution of The Republic of Uganda (as at 15th Uganda Law Reform Feb 2006) 2010 Commission
Annex XII: List of Some of the visitors to the Uganda Law Reform Commission during the year 2011
Date Name Address Reason
10/01/2011 Prof. Ezra Biahk 382 CPW Meeting New York US
24/01/2011 Musinguzi Patrick Musinguzi.patrick@ yahoo.com Official 24/01/2011 Manuel Wally European Union European Union Electoral observer; electoral observation manuel.wally@gmai. com
24/01/2011 Luzindana Adam Public Opinions Seeking advice 0712936206
24/03/2011 Otemo Vicent Nkumba University Consultation on ICT 0772910269 policy
24/03/2011 Nandala Mike Nkumba University Consultation on ICT 0772634415 policy
24/03/2011 Sendawula Noah Nkumba University Consultantion on ICT 0712590062 policy
28/04/2011 Henry Onoria (Dr.) 0712377673/ Induction for ULRC 0752377673 commissioners
28/04/2011 Peregrine Kibuuka (Dr.) 0772377733 Induction for ULRC commissioners
45 Law reform for good governance and sustainable development
28/04/2011 Harriet Dian Musoke 0772907821 Induction for ULRC (Dr.) commissioners
28/04/2011 Vatina R. Nsanze +250788304827/ Induction for ULRC 0772420834 commissioners
28/04/2011 Margaret T. Ayiseni 0772514945 Induction for ULRC commissioners
28/04/2011 J.M.M. Mugisha 0776734745/ Induction for ULRC 0775971180 commissioners
11/05/2011 Capt. Awich Pollar 0782467508 Consultation
11/05/2011 Magara Bennet 0772530292 Consultation
18/05/2011 Mbekeka Stella 0772696449 Consultation
23/05/2011 James Nkata 0772763763
23/05/2011 Bruce Kyerere 0752742224 OPastfficial President visit ULS
23/05/2011 Diana Nabuusao 0772920166 ULS Hon. Secretary
23/05/2011 Harriet Magala 077262395 Treasurer, ULS
23/05/2011 Grace Babihuga 0772460775 Ag. E.D. ULS
31/05/2011 Justice Deng Biong South Sudan Law Reform Commission Official 31/05/2011 Justice John Gatwch Lul ”
31/05/2011 Paulino W. Unango ” Official
31/05/2011 Deng Aur Weyin ” Official
31/05/2011 Pitia Emmanuel IDLO – JUBA Official
31/05/2011 Peter Edop IDLO&USA/PSIA, Official
07/06/2011 Obbo Tophil Tororo Official- SSLRC
12/10/2011 Hon. P. Nyombi AG/MOJCA Former TO/official
13/10/2011 Mshibe Ali Bakari Zanzibar Law Official Reform Commission Official 13/10/2011 Asma H. Jidawy “
06/12/2011 Rowena Musinguzi Standard Chartered Official Bank Official
46