Legal basis for administrative requirements at the national level

CONSTITUTIONOF UGANDA (1995)

http://www.opm.go.ug/assets/media/resources/6/Constitution.pdf

Article 61. Functionsof Electoral Commission.

The ElectoralCommission shall have the following functions-

   (a) to ensure that regular, free and fairelections are held;

   (b) to organize, conduct and superviseelections and referenda in accordance with this Constitution;

   (c) to demarcate constituencies inaccordance with the provisions of this Constitution;

   (d) to ascertain, publish and declare inwriting under its seal the results of the elections and referenda;

   (e) to compile, maintain, revise and updatethe voters’ register;

   (f) to hear and determine electioncomplaints arising before and during polling;

   (g) to formulate and implement civiceducational programs relating to elections; and

   (h) to perform such other functions as may beprescribed by Parliament by law.

Article 74. Change of political systems by referenda or elections (Optional referendum and Citizens’ Initiative)

 (1)A referendum shall be held for the purpose of changing the political system-

  (a) if requested by a resolution supported by more than half of allmembers of Parliament; or

  (b) if requested by a resolution supported by the majority of the totalmembership of each of at least one half of all district councils; or

  (c) if requested through a petition to the Electoral Commission by atleast one-tenth of the registered voters from each of at least two thirds ofthe constituencies for which representatives are required to be directlyelected under paragraph (a) of clause (1) of article 78 of this Constitution.

Article 260. Amendmentsrequiring referendum (Mandatory referendum)

 (1)A bill for an Act of Parliament seeking to amend any of the provisionsspecified in clause (2) of this article shall not be taken as passed unless-

  (a) it is supported at the second and third readings in Parliament bynot less than two thirds of all Members of Parliament; and

  (b) it has been referred to a decision of the people and approved bythem in a referendum.

Article 255. Right of citizens to demand referenda(Citizens’ initiative)

Parliament may by law make provisions forthe right of citizens to demand the holding by the Electoral Commission of areferendum whether national or in any particular part of Uganda, on any issue.

Article 94. Rules of procedure in Parliament (Agenda initiative)

 (4) The rules of procedure of Parliament shallinclude the following provisions—

   (b) a member of Parliament has the right tomove a private member’s bill;

Article 84.1 Right of recall (Recall)

 (1)Subject to the provisions of this article, the electorate of any constituencyand

of any interest group referred to inarticle 78 of this Constitution have the right

to recall their Member of Parliamentbefore the expiry of the term of Parliament

THE OTHER POLITICAL SYSTEMS ACT(2000)

http://www.ulii.org/ug/legislation/consolidated-act/262

Article 2. Acceptance ofpolitical systems (Mandatory referendum)

No political system shall beaccepted as any other democratic and representative political system for thepurpose of article 69(2)(c) of the Constitution for being proposed for voting,at a referendum under article 74(1) of the Constitution, or for the purposes ofa resolution of Parliament under article 74(2) of the Constitution, unless thatpolitical system has, upon a petition, been approved by Parliament before thereferendum in question or the parliamentary resolution under article 74(2) ofthe Constitution.

THEREFERENDUM AND OTHER PROVISIONS ACT (2005)

http://www.ec.or.ug/docs/referndm.pdf

Article 3. Referendum generally (Optional referendum and Citizens’ initiative)

 (1) Referenda shall be held in the followingcircumstances

   (a) if a demand is made by citizens ofUganda under article 255 of the

Constitution andthe provisions of section 11 of this Act are complied with;

Article 11. Right of citizens to demand referenda (Optional referendumand Citizens’ initiative)

 (1) The Commission shall cause a referendum tobe held for the purposes of article

255 of theConstitution, either nationally or in any particular part of Uganda if a

petition is madefor the purpose under this section.

RULES OF PROCEDURE FOR THE PARLIAMENT OF UGANDA (2006)

http://www.africanlegislaturesproject.org/sites/africanlegislaturesproject.org/files/Standing%20Orders%20Uganda.pdf

Article 97. Procedure for Private Members‟Bills (Agenda initiative)

 (1) A private members‟ Billshall be introduced first by way of motion to which shall be attached theproposed draft of the Bill.

Article 87. Recall of a Member (Recall)

 (1)A Member may be recalled from office as prescribed by Article 84 of theConstitution and on grounds set out in Section 7 of the Parliamentary ElectionsAct, 2001.

 (2) The recall of a member ofParliament shall be initiated by a petition in writing setting out the groundsrelied on and signed by at least two-thirds of the registered voters of theconstituency or of the relevant interest group and shall be delivered to theSpeaker.