MAKERERE UNIVERSITY

BACHELOR OF LAWS

COURSE UNIT: ADMINISTRATIVE LAW 1

GROUP 2 ASSIGNMENT

1. With reference to recently passed pieces of legislations provide a detailed

overview of the parliamentary law making process.
2. What are the parameters if any to the law making powers of Parliament?

NAME REGISTRATION
NUMBER
1. AYEBARE TRISHA TURINAWE(GROUP LEADER) 20/U/21284/PSA
2. NAMALE ALYCE GRACE 20/U/22402
3. MUTAKOOHA M. ABBA WILLIAM 20/U/22040/PSA
4. SSUUBI OLIVIA CHRISTINE 20/U/ 17563
5. AMANYA EDGAR WATSON 20/U/21267/PS
6. APUUN DEBORAH NANGIRO 20/U/9928/PS
7. OKORI JAMES 20/U/21225/PSA
8. KUSIIMA LYNETTE 20/U/2723/PS
9. AMUMPIIRE MERCY MULUMBA 20/U/5653/PS
 10. TUMWIJUKYE AMBROSE 20/U/23896
11. MUGASHO MIKE SITI 20/U/21253/PS
12. OMULEPU SHADRACK 20/U/21288/PSA
13. NAMAGANDA MADRINE 20/U/22516/PS
14. AMPURIRE EDNANSI 20/U/0033
15. SSEMBATYA RAZAK ALI 20/U/17564

A) INTRODUCTION: SEPARATION OF POWERS AND THE ROLE OF

PARLIAMENT

It is generally recognized that Governmental power is exercised by three branches of

government, namely; the Executive, the Judiciary and the Legislature. Each have

designated functions by law under the principle of Separation of Powers.

The law making power in Uganda vests in Parliament as stipulated in Article 79 of the

Constitution. So in relation to this question we are going look at the law making power

in Uganda. We are going to describe the law making process and the introduction of the

Bill. This question is basically telling us to look at two things and that is; examining the

law making process through a bill and examining the law making process through a bill

that has been passed into law and how another bill can be passed into law following all

these procedures.

B) LAW MAKING PROCESS

 A Bill is a proposed law and a bill that becomes into law is an Act of Parliament.

Section 2 of the Interpretation Act defines an Act of Parliament as a law made by

Parliament.

Bills are divided into two. Firstly, there are Government Bills by Government

departments, ministries or Government sponsored organizations. Secondly, there are

Private Member bills by Members of Parliament, for example, the Constitutional

Amendment bill No.2 of 2017 presented by Raphael Magyezi.

In as regards the law making process, it is imperative to start from Article 2 of the

Constitution. According to Article 2(1) of the 1995 Constitution, it clearly states that

the Constitution is the supreme law making body, with all acts inconsistent with the

Constitution null and void to the extent of their inconsistency. This implies that all law

made by Parliament must pass the repugnance test. It should not contravene or be

inconsistent with the Constitution and if it does it is declared void to the prevalence of

the Constitution. This was further stated in the cases of Muwanga Kivumbi v Attorney

General where section 32 of the Police Act 1was held unconstitutional and contravening

the people’s rights of freedom, speech, association and assembly was enshrined in

Chapter 4 also looking at the case of Charles Obbo & Andrew Mwendwa v Attorney

General where section 50 of the Penal Code Act contravened with Article 29 of the

Constitution. For the Parliament to carry out mandated services, the 1995 constitution

gives the power to make laws on any matter for peace, order, development and good

governance of Uganda as stipulated in Article 79 of the Constitution.

1
Cap 303
The Constitutional foundation of Parliament’s law making power lies in Article 79 of the

Constitution which grants Parliament the power to make principal legislation. The role

of legislation is to stipulate rights and obligations.

According to Article 91(1) of the Constitution, Parliament has the power to make laws

through bills passed by Parliament and assented to by the President. Therefore, there

are two requirements for the law making process;

i) The bill has to be passed by Parliament.

ii) The bill has to be assented to by the President.

Additionally, Article 89(1) is to the effect that a decision before is decide by majority

votes in the manner prescribed by the Rules of Procedure. As per Article 88(1) of the

Constitution, the relevant quorum is one-third of all members of Parliament entitled to

vote. This quorum is needed by Parliament before voting on any decision. Parliament

passes a bill by quorum as per Article 88(1) and (2) of the Constitution. This quorum is

needed when Parliament is voting on any decision. If there is no quorum the bill passed

is illegal. This is seen in the case of Uganda Law Society v Attorney General 2 where

the court held that the requirement of the speaker’s certificate in significance of quorum

was essential; and this was to prevent the President from assenting something that is

not legally passed.

Suffice it to note that Article 93 of the Constitution (Restriction on Financial

Matters) creates restrictions on particular bills and states that in particular cases like

2
2000
imposition of taxation, imposition of a charge on the Constitutional Fund inter alia, only

the Government can introduce bills.

Now the questions at hand are i) who makes the suggestion first? ii) At what point is it

tabled to parliament? And what comprises of the 1st, 2nd and 3rd reading?

RULES OF PROCEDURE

According to Article 94(1) of the Constitution, the Rules of Procedure of Parliament

are created and it through this Article that the rules apply.

Part XVII3 states that for a bill to be tabled it must have some requirements. The long

title gives an explanatory memo of what the bill entails where has more than one

enactment is divided into clauses and where clauses are more than one they are also

further divided into sub clauses as per section 104(4) of the Rules of Procedure. The

subject matter of the bill is provided for under 105(1-5)4 and any matter outside the

ambit of the bill as shown in the long title shall not be introduced after. The Bill goes

through the Parliamentary process necessary for passing a Bill and Rule 1445 is to the

effect that every bill shall be read three times prior to its being passed.

A. THE FIRST READING

The first reading normally marks the official introduction of the bill in Parliament. The bill

is then referred to the Appropriate Parliament Committee under the provisions of Article

3
Rules of Procedure of the 9th Parliament
4
ibid
5
ibid
96 of the 1995 Constitution. The Committee will usually invite the minister to introduce

the bill and ask for views from the stakeholders. The Committee then examines the bill

in detail to ensure that all enquiries to it are complete and report to the House within two

months from the date the Bill is referred to the Committee.

B. THE SECOND READING

The second reading, the Committee then produces a report with any proposed

amendments attached which is brought to the full house. Parliament will also consider

the second reading of the bill. The second reading is usually on the debate of principles

and policies of the Bill. According to rule 119(5)6 it is to the effect that the second

reading of the bill shall not be taken earlier than the fourteenth day after publication of

the Bill in the Gazette unless the sub rule is formally suspended for the purpose.

The Committee stage is the stage where Parliament deals with the provisions of the

Bill, clause by clause and all proposed amendments to the Bill. During the Committee

Stage, the Speaker is referred to as the Chairperson. The Committee Stage is a build-

up to the third reading of the Bill. A report is made after the Committee stage

(Committee of the Whole House) and the Speaker shall appoint the time for the

consideration of the report where after the Minister shall present the report to the

House.

C. THE THIRD READING

On the Third reading, after the Committee of the Whole House has reported the House

may proceed to the third reading of any Bill reported. Therefore, here the Bill is not

6
ibid
debated upon and it is passed upon a motion “That the Bill be now read a Third Time

and do pass”. This seen in rule 1267. The Rules of Procedure of Parliament largely

focuses on the Private Members Bill. Chapter 5 Paragraph 5.3-5.58 of the Cabinet’s

Handbook looks at the Government’s Bill which provides that the Legislation is the

process of making laws and the Parliament is key which passes bills tabled before the

Executive. Paragraph 5.4 stipulates that a Government Bill is a bill which has been with

the Legislature and which has been laid on the table. Paragraph 5.4.1 provides that the

First Parliamentary Counsel is responsible for preparing all legislation and approvals

must be sought before instructions for drafting are given to the Frist Parliamentary

Counsel. The drafting of instructions provides the basis on which Bills are drafted. The

Ministers follow certain procedures that are taken when preparing the bill.

D. PRESIDENTIAL ASSENT

When the Bill passes Parliament with a majority vote as per Article 89(1) of the

Constitution, it is then sent to the President for assent in accordance with Article 91 of

the Constitution. Which bill is okay to be signed by the Head of state? The President

signs a bill that is passed by Parliament.

If the Head of State declines to assent the bill passed by the quorum for example he

recently declined to assent the Sexual offences bill and the Succession bill by the 10 th

Parliament. He stated that the draft had a collection of provisions that were already

provided for on other legislations.9

7
ibid
8
The Cabinet Handbook
9
Observer Newspaper Article of 17th August 2021
After Presidential assent or in exceptional cases where the President does not assent

but Parliament passes it anyway as per Article 91(6-7) of the Constitution, the Bill

becomes a law. It is then published in the gazette as per Article 91(8) of the

Constitution.

PARAMETERS OF THE LAW MAKING POWER OF PARLIAMENT

2. In as much as per Article 79 of the Constitution10 which grants Parliament the

power to make laws there are parameters of Parliament when passing any form of

Legislation should follow. For one to understand what parameters the Parliament should

follow when a bill comes into law is through the following questions; what should it

conform to and what laws can the Parliament make? The second question is that in the

process of making a bill, what is the Parliament required to do, can the Parliament just

pass a law without assenting to the President and are there certain procedures the

10
1995 Constitution of Uganda
Parliament needs to take. All these questions will be addressed in our discussion

respectively. So there are certain rules that must be followed in this law making process

as clearly stated in the Rules of Procedure which if not followed will lead to any Act

passed by Parliament declared illegal. Hence, Parliament has to keep it at the back of

their mind that they cannot enact a law in breach of the Constitution11. Thus implying

that the Parliament can make laws as long as they are not inconsistent with the

Constitution. It must tread carefully in order to refrain from passing laws that may be;

a) Prima facie unconstitutional bills or acts of Parliament. In the case of Mwanga

Kivumbi v Attorney General12. This petition challenged the constitutionality of

Section 32 of the Police Act, to the extent that it contravened with Articles 20(1),

(2) and 29(1) of the constitution which guarantees the right of Freedom of

Assembly. The provision therein was prohibitive and not regulatory, there not

acceptable and justifiable in a free and democratic society. The section

empowered the Inspector general of Police or any designated officer to prohibit

the convening of any assembly or procession on any public road, street or any

place of public resort if the Inspector General of Police had reasonable grounds

to believe that it was likely to cause a breach of peace. The petitioner’s argument

was that Section 32 gave the Inspector General of Police excessive powers

which curbed the rights of people, freedom of speech, association and assembly.

The rights to freedom of speech, expression and freedom to assemble and

demonstrate together peacefully and unarmed are very necessary but must be

11
ibid
12
Constitutional petition no.9 of 2005. Judgment date 27 th May 2008.
 enjoyed within the confines of law as stipulated in Article 42 of the Constitution.

As long as there is no contravention as per Article 43 of the Constitution and the

rights are exercised within the confines of the law, there would be no justification

for invoking the powers under Section 32 of the Police Act. On those grounds the

petition was allowed and a declaration was made that section 32(2) of the Police

Act was unconstitutional and was therefore inconsistent and contravened with

Articles 20(1),(2) and 29 (1), (d) of the constitution that provided for the

enjoyment of the freedom to assemble and demonstrate peacefully. Hence that

section was declared null and void.

b. Restriction on Retrospective Legislation. Parliament is restricted from passing

any legislation that offends Article 92 of the Constitution. Parliament cannot pass

or reverse a decision that alters or interferes with the rationale of the decision of

the Court. This was seen in the case of Human Rights Network & others v

Attorney General13. The petitioners in the case sought to repeal section 8 of the

Public Order Management Act 14which granted the Inspector General of Police or

any designated officer absolute discretion and broad authority to prevent a)

holding of public meetings on reasonable grounds likely to breach peace, b) use

of force and disperse public meetings, c) impose criminal liability on the

organizers and participants in the public meeting. The petitioners declared

Section 8 of the Public Order Management Act unconstitutional and further

contended that in passing the Public Order Management Act, Parliament

13
constitutional petition no.56 of 2013
14
POMA
 reversed the earlier decision of nullifying Section 32(2) of the Police Act in the

case of Mwanga Kivumbi v Attorney General15where the court held that the

action of the legislature and executive assenting to Section 8 of the Public Order

Management Act ,which section was materially similar to section 32(2) of the

Police Act was unconstitutional by court in an earlier decision. It not only violates

Article 92 of the Constitution16 which prohibits Retrospective Legislation but also

Article 29 which guarantees freedom of Assembly and right to demonstrate

peacefully and unarmed. Thus, the court concluded that in as much as section

32(2) of the Public Order Management Act was not in the exact wording as

section 32(2) of the Police Act, it still resulted in the reincarnation of that

previously nullified section. Court further assented that the variation of a court

decision by Parliament was inconsistent with the notion of independence of the

Judiciary was provided for under Article 128 of the Constitution. Thus, permitting

Parliament to pass such a decision would be to concede with it in undermining

the authority of the court hence section 8 of the Public Order Management Act

was nullified by Court. So even if Parliament does enact a bill following the

proper procedure and the end result breaches Article 92 of the Constitution, the

Act will be null and void and will be declared unconstitutional.

c. An Act passed by Parliament will have its provisions illegal if it breaches Article

93 of the Constitution on restriction of Private Member’s Bills on introducing

financial matters. The Parliament is barred from proceeding on a bill that isn’t

15
Supreme Court Constitutional Appeal 2016

16
ibid
 introduced on behalf of the Government making provision. As stipulated in Article

93 of the Constitution. The effect of which it would make provision for any of the

purposes specified in paragraph (a) is reinforced by the Rules of Procedure in

Parliament which stem from Article 94 of the Constitution. XVII 113 is to the

effect that a motion or bill seeking to bring about any of the financial changes or

implications stated by those two segments of the Constitution and these Rules of

Procedure have to be introduced on behalf of the Government and in the event

that they are introduced by a private member, the Parliament is barred from

proceeding. This was illustrated by Parliamentary Commission v Mwesigye17

in the Supreme Court upheld the Constitutional Court’s decision that section 5 of

the Parliamentary Act was unconstitutional because it contravened with Article 93

of the Constitution. Time lapse as per 235(1)18 provides that a bill lapses with the

term of Parliament19

d. If Parliament does not follow procedure, it acts ultra vires and the Act so passed

is illegal. For example, if an Act is passed without quorum and this is provided for

in Article 88(1) of the Constitution as one-third of all members of Parliament

entitled to vote. Looking at the case of Paul K Ssemwogerere & 2 Ors v

Attorney General 20was rendered null and void for having been passed without

a quorum. Then in the case of Oloka Onyango & 9 Ors v Attorney General 21

where the enactment was also passed without a quorum and this was in

17
[2019] UGSC 11
18
Rules of Procedure
19
Incomplete Bills, won’t be retrieved. Rules Oulanya 16th September 2021.
20
2004
21
Constitutional Petition no.8 of 2014
 contravention of Articles 2(1) & (2), 88 and 94(1) of the Constitution. Hence

leading to the suspension of proceedings.

e. Amendments beyond Parliamentary Jurisdiction and Unconstitutional bills or acts

of Parliament. Article 260 as to amendments requiring referendums the power

belongs to the people as per Article 1 of the Constitution and the Basic

Structure Doctrine of the Constitution. Amendments requiring district councils as

per Article 261 of the Constitution. Kesavananda Bharati v State of Kerala

22where the court held the amendment power Parliament is not unlimited rather it

does not include the power to abrogate or change the identity of the Constitution

or its basic features. Looking at the unconstitutional bills or acts of Parliament the

case of Muwanga Kivumbi v Attorney General23 where the repealing of the

Public Management Act as it contravened freedoms of association, assembly

and speech.

22
AIR(1973) 4 SCC 225
23
Supreme Court Constitutional Appeal 2016