Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
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THE UGANDA PEOPLES’ DEFENCE FORCES ACT.
Commencement: 24 April, 1992.
An Act to provide for the establishment and regulation of the army, which shall be a peoples’ force, and for other matters connected
In this Act, unless the context otherwise requires—
(a) “active service” means service—
(i) in operation against an enemy or in a foreign country in
operations for the protection of life or property or relating to the military occupation of a foreign country; (ii) in operations for the preservation of order; (iii) for purposes of relief in case of emergency; and (iv) for any other purpose appearing to the Uganda Peoples’ Defence Forces Council to be expedient;
“aircraft” includes any machine for flying, whether propelled by mechanical means or not, and any description of balloons;
“aircraft material” includes— (i) parts of, components of or accessories for, aircraft, whether
for the time being in aircraft or not; (ii) engines, armaments, ammunition and bombs and other
missiles of any description in or for use in aircraft; (iii) any other gear, apparatus or instruments in or for use in
aircraft; (iv) any apparatus used in connection with the taking off or
landing of aircraft or for detecting the movements of
aircraft; and (v) any fuel used for the propulsion of aircraft and any material
used as a lubricant for aircraft material;
“army” means the Uganda Peoples’ Defence Forces;
“army unit” means a unit of battalion strength or any other unit declared to be an army unit;
“civil court” includes a court of ordinary criminal jurisdiction and
a court of summary jurisdiction in Uganda; (g) “civil custody” includes the holding under arrest or any
confinement of a person by the police or other competent civil
authority and confinement in a civil prison; (h) “commanding officer” in respect of a person means the
commanding officer of that person or such other officer as may,
in accordance with regulations, be empowered to act as the
commanding officer of that person; (i) “court-martial” means field court-martial, division court-martial,
the general court-martial or the court-martial appeal court; (j) “defence establishment” means any establishment designated by
the Uganda Peoples’ Defence Forces Council or any person
authorised in that behalf by the council to be a defence
establishment including any property in the defence
establishment; (k) “deploying authority” means the chairperson of the High
Command or any officer so designated and without prejudice to
the foregoing means, in respect of section 77, the division
commander; (l) “enemy” includes all persons engaged in armed operations
against the army and armed mutineers, armed rebels, armed
rioters and pirates; (m) “juvenile militant” means a male or female person over the age
of ten years enrolled in the army and below the prescribed
minimum age; (n) “lawful order” includes an order or any instructions given; (o) “militant” means any person other than an officer who is enlisted
in or who is attached or seconded otherwise than as an officer to
the army; (p) “military court” means a unit disciplinary committee or a court-martial; (q) “Minister” means the Minister responsible for defence; (r) “officer” means—
(i) a person commissioned by the President to the army;
(ii) any person who is attached or seconded as an officer to the army; (s) “senior army officer” means an officer of the Uganda Peoples’
Defence Forces who held the substantive rank of senior officer
prior to the 26th of January, 1986; (t) “service offence” means an offence under this Act or any other
Act for the time being in force committed by a person while
subject to military law;
(u) “stoppages” means the recovery, by the deductions from the pay of an offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;
(v) “superior officer” means any officer or militant who in relation to any other officer or militant is, by this Act or by regulations made under this Act or by custom of the appropriate force, authorised to give a lawful order to that other officer or militant; Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
(w) “war materials” includes arms, ammunition, parts of arms, explosives and other materials ordinarily reserved for the army and shall include such other materials that are so declared by the Uganda Peoples’ Defence Forces Council.
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Raising of the army.
There shall be raised and maintained in accordance with this Act, an army to be known as the Uganda Peoples’ Defence Forces not exceeding such strength as may be determined by the Uganda Peoples’ Defence Forces Council and Parliament sitting in a closed session.
(1) The army shall consist of—
a regular force;
a regular reserve; and
such other force as may be prescribed by the Uganda Peoples’ Defence Forces Council.
(2) Each regular force, regular reserve or any force prescribed under
subsection (1)(c) shall consist of such units and shall be under the immediate
supervision and control of officers, as may be prescribed.
Composition of regular force.
Each regular force shall consist of—
officers commissioned by the President;
militants enlisted in accordance with regulations made under this Act for the purpose of rendering continuous service during the period of their engagement; and
(c) such other officers and militants attached to the regular force under arrangements made by the Government.
5. Composition of regular reserve.
Each regular reserve shall consist of officers whom the Uganda Peoples’ Defence Forces Council has transferred to the reserve and militants who have been transferred to the reserve in accordance with the terms of their enlistment.
6. Full-time active service.
Every member of a regular force shall be on continuing full-time military service and shall at all times be liable to be employed on active service. Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
The Commander-in-Chief may order, in such manner as may be prescribed, the whole or any part of any regular reserve, or any force prescribed under section 3 to be on continuing full-time military service for such period as he or she may determine.
Upon an order being made under subsection (2), the regular reserve, or any prescribed force, as the case may be, shall be employed on active service.
Where an order has been made under subsection (2), the officers and militants of any prescribed force or reserve or part of the force or reserve to which the order applies shall, during the continuance of the order be deemed for all purposes, except for such purposes as may be prescribed in the order, to be part of the corresponding regular force.
7. Reserve force in training. Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
The whole or any part of any regular reserve or any prescribed force may be called out for training in accordance with regulations made in that behalf.
8. Employment of civilians.
Civilian employees may be appointed in such numbers, for such purposes, in such manner and under such conditions of service as may be prescribed.
9. Commander-in-Chief of the Uganda Peoples’ Defence Forces.
(1) The President in terms of article 98(1) of the Constitution shall be the Commander-in-Chief of the Uganda Peoples’ Defence Forces.
The Commander-in-Chief may appoint— an officer of the army to be known as the army commander to be head of the army and who shall be responsible for the command, control and administration of the army; an officer of the army to be known as the deputy army commander to deputise for the army commander and to assist him in the administration of the army and carry out such duties as may be delegated to him;
an officer of the army to be known as the army chief of staff who shall be responsible for the control and administration of the army;
such other officer of the army under such title as the Commander-in-Chief may deem fit to be head of any force in the army who shall be responsible for the command, control and administration of that force and who shall be responsible to the army commander. Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
10. Uganda Peoples’ Defence Forces Council.
(1) There shall be established for the purposes of this Act a Uganda
Peoples’ Defence Forces Council consisting of—
members of the High Command;
chiefs and directors of departments;
senior army officers as at the 26th day of January, 1986;
commanders of different forces; and
division, brigade and battalion commanding officers of the army.
(2) The chairperson at any meeting of the Uganda Peoples’ Defence
Forces Council shall be the President, and in the absence of the President
such person as the President may appoint shall be the chairperson.
(3) Subject to subsection (4), the Uganda Peoples’ Defence Forces Council shall advise the President on all matters connected with the control and administration of the army.
(4) Subject to the general direction of the President, the Uganda
Peoples’ Defence Forces Council shall be responsible for professional advice on military defence policy generally.
11. High Command.
(1) There shall be a High Command consisting of—
the President who shall be the chairperson;
the Minister responsible for defence;
the original members of the High Command as at the 26th day of January, 1986;
the army commander;
the deputy army commander;
the secretary for defence;
(g) the army chief of staff;
(h) the chief of combat operations;
(i) the chief of personnel and administration;
(j) the chief of training and recruitment;
(k) the chief political commissar;
(1) the chief of logistics and engineering;
(m) the chief comptroller of finance;
(n) the chief of artillery and air defence;
(o) the chief signal officer;
(p) the chief of medical services;
(q) the director of air force;
(r) the division commanders; and
(s) such other senior officers and heads of departments as the
President may appoint.
(2) No original member of the High Command shall be entitled to sit
and take part in the proceedings of the High Command if—
he is under a sentence of death or imprisonment;
he has been convicted of any offence;
he has been dismissed or retired from the army for reasons of indiscipline or in the public interest;
there is a case pending against him.
(3) The President may co-opt a person to the High Command for
purposes of rendering technical or expert advice to it.
(4) All members of the High Command shall be members of the Uganda Peoples’ Defence Forces Council.
(5) The High Command shall—
advise the President in emergency situations and in matters relating to national security or deployment of the army;
advise the President when Uganda is at war;
perform such duties as may be conferred upon it by any law in Uganda; and
perform such other functions as the President may direct.
The President may, in consultation with the Uganda Peoples’ Defence Forces Council, create and appoint committees for the proper administration of the army.
13. Board of inquiry.
The President or any person authorised for that purpose by the President or any prescribed person may, where he or she or that person thinks expedient that information on any matter connected with the Government, discipline, administration or functions of the army or affecting any officer or militant of the army is necessary, appoint a board of inquiry for investigating and reporting on the matter.
The board of inquiry shall be constituted and its procedure shall be governed in accordance with regulations made under this Act. Uganda Peoples Defence Forces UPDF ACT 1992 Pdf
PART III—PERSONS SUBJECT TO MILITARY LAW.
14. Army code of conduct.
There shall be a code of conduct, for the purpose of guiding and disciplining members of the army, as set out in the Schedule to this Act.
The Minister after consultation with the Uganda Peoples’ Defence Forces Council may, by statutory instrument, amend the Schedule to this Act.
15. Persons subject to military law.
(1) The following persons shall be subject to military law— (a) every officer and militant of a regular force;
(b) every officer and militant of a regular reserve and any force
prescribed under section 3, when he is—
(i) undergoing drill or training whether in uniform or not;
(ii) in uniform;
(iii) on duty;
(iv) on continuing full-time military service; (v) on active service; (vi) in or on any vessel, vehicle or aircraft of the army or on any
defence establishment or work for defence; (vii) serving with any unit of a regular force; or (viii) present, whether in uniform or not, at any drill or training
of a unit of the army;
subject to such exceptions, adaptations and modifications as the Uganda Peoples’ Defence Forces Council may by regulations prescribe, a person who pursuant to any law is attached or seconded as an officer or militant to any force of the army;
every person, not otherwise subject to military law, who is serving in the position of an officer or militant of any force raised and maintained out of Uganda and commanded by an officer of the army;
every person, not otherwise, subject to military law, who accompanies any unit of the army which is on service in any place;
every person, not otherwise subject to military law, who in respect of any service offence committed or alleged to have been committed by him, is in civil custody or in service custody;
every person, not otherwise subject to military law, while serving with the army under an engagement by which he agreed to be subject to military law;
(h) every person, not otherwise subject to military law, who aids or
abets a person subject to military law in the commission of a
service; and (i) every person found in unlawful possession of arms, ammunition,
equipment and other prescribed classified stores ordinarily being
the monopoly of the army.
(2) Every person who commits a service offence while subject to military law is liable to be charged, dealt with and tried for that offence notwithstanding that he had ceased to be subject to military law since the commission of the offence.
Every person who, since he committed the offence, has ceased to be subject to military law shall, for the purposes of trial, be considered to have the status and rank which he held immediately before he ceased to be subject to military law.
Subject to subsections (5) and (6), a person who commits a service offence may be tried only within the force in which he was commissioned or enrolled.
A person who is attached or seconded to a force other than the force in which he was commissioned or enrolled, or embarked on a vessel or aircraft of a force other than the force in which he was commissioned or enrolled, may be tried either within that other force or within the force to which he was commissioned or enrolled depending on the circumstances and nature of the offences.
A person serving in the circumstances specified in subsection (1)(d) who while so serving commits a service offence may be tried within the force in which his commanding officer is serving.
For the purposes of this section, but subject to such limitations as may be prescribed, a person accompanies a unit of the army which is on service if he—
participates with that unit in carrying out any of its movements, maneuvres, duties in a disaster or warlike operations;
is accommodated or provided with rations at his own expense or otherwise by that unit in any place designated by the President;
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is a dependent out of Uganda of an officer or militant serving beyond Uganda with that unit; or
is embarked on a vessel or aircraft of that unit.
A person subject to military law who, for any purpose prejudicial to the security or interests of Uganda—
infiltrates the army of or is an agent of a foreign power or of any force engaging in war or warlike activities against the Government;
consciously gives information to a foreign power or any force engaging in war or warlike activities against the Government or solicits information with a view to giving it to such power or
consciously gives information to anyone without the knowledge and approval of the proper authority; or
consciously withholds vital information from the proper authorities,
commits the offence of treachery and is liable on conviction to suffer death.
A person subject to military law who displays any of the following types of conduct—
quest for cheap popularity;
intrigue and double talk;
tribalism, nepotism or any other form of sectarianism;
formation of a clique in the army, commits the offence of subversion and is liable on conviction to life imprisonment.
(1) A person subject to military law who—
plots, incites, conspires to cause, takes part in or endeavours to persuade any person to join in a mutiny;
being present, does not use his utmost endeavours to suppress a mutiny; or
being aware of an actual or intended mutiny, does not without delay inform his superior officer of it,
commits the offence of mutiny and is liable on conviction, where it results in failure of operation, loss of life, or destruction of military operational materials, to suffer death and in any other case is liable to life imprisonment.
(2) In this section, the offence of mutiny shall be deemed to be
committed when a combination of two or more persons subject to military
law or a combination between persons two at least of whom are subject to
military law use any means under subsection (1)—
to overthrow or resist lawful authority in the army or any forces cooperating with the army or any part of it;
to disobey such authority in such circumstances as to make disobedience subversive of discipline or with the object of avoiding any duty or service against or in connection with
operations against the enemy; or (c) to impede the performance of any duty or service in the army or any forces cooperating with the army or any part of it.
19. Disobeying lawful orders.
A person subject to military law who either wilfully or through neglect disobeys a lawful order commits an offence and is liable on conviction, where it results in failure of operation or loss of life, to suffer death or in any other case is liable to life imprisonment.
For the purpose of this section, disobeying a lawful order means—
failing to carry out lawful orders;
failing to communicate lawful orders;
breaking lines of formation;
taking unauthorised route while on operation;
breaking off from the main operational groups; or
talking to unauthorised people outside terms of reference while on operation.