Uganda Law Reform Commission Act

In this Act, unless the context otherwise requires—

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 27
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

In this Act, unless the context otherwise requires— Establishes the Uganda Law Reform Commission to promote reform of the law. The Commission is made up of a Chairperson and six other commissioners appointed by the President on the advice of the Attorney General; the Commission may continue to function despite vacancies or absences unless the Act says otherwise. The Chairperson and four of the six commissioners must be lawyers with specified senior legal qualifications; two of the six must be non-lawyers distinguished in fields relevant to the Commission. The quorum of the Commission must consist of three commissioners, of whom two must be lawyers.

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Provisions of Uganda Law Reform Commission Act

Showing 32 of 32

Part I

Interpretation

1
Interpretation - Interpretation

In this Act, unless the context otherwise requires—

Section Interpretation Section In this Act, unless the context otherwise requires— “ Chairperson ” means the Chairperson of the Commission appointed under section 3 ; “ Commission ” means the Uganda Law Reform Commission established by section 2 ; “ Commissioner ” means the Chairperson and commissioners appointed under section 3 ; and “ Secretary ” means the Secretary of the Commission appointed under section 15 .

Part II

Establishment and membership of Uganda Law Reform Commission

2
Establishment and membership of Uganda Law Reform Commission - Establishment of Uganda Law Reform Commission

Establishes the Uganda Law Reform Commission to promote reform of the law.

Section Establishment of Uganda Law Reform Commission Section For purposes of promoting the reform of the law, there is established a commission to be known as the Uganda Law Reform Commission .
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Establishment and membership of Uganda Law Reform Commission - Composition of Commission and appointment of commissioners

The Commission is made up of a Chairperson and six other commissioners appointed by the President on the advice of the Attorney General; the Commission may continue to function despite vacancies or absences unless the Act says otherwise.

Section Composition of Commission and appointment of commissioners Section The Commission shall consist of a Chairperson and six other commissioners appointed by the President on the advice of the Attorney General. Except where otherwise expressly provided in this Act, the Commission may carry out its functions notwithstanding any vacancy in its membership or the absence of any of the commissioners.
4
Establishment and membership of Uganda Law Reform Commission - Qualifications of commissioners

The Chairperson and four of the six commissioners must be lawyers with specified senior legal qualifications; two of the six must be non-lawyers distinguished in fields relevant to the Commission.

Section Qualifications of commissioners Section The Chairperson and four of the other six commissioners referred to in section 3(1) shall be persons who are lawyers and who are— retired or sitting judges of the Court of Appeal or the High Court of Uganda; qualified to be appointed as judges of the Court of Appeal or the High Court of Uganda; or senior practising lawyers or senior teachers of law at a university or a similar institution of law in Uganda. Two of the other six commissioners referred to in section 3(1) shall be persons who are non-lawyers and who have distinguished themselves in disciplines relevant to the functions of the Commission .
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Establishment and membership of Uganda Law Reform Commission - Quorum of Commission

The quorum of the Commission must consist of three commissioners, of whom two must be lawyers.

Section Quorum of Commission Section The quorum of the Commission shall be constituted by three commissioners, two of whom shall be lawyers as referred to in section 4(1) .
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Establishment and membership of Uganda Law Reform Commission - Tenure of office of Chairperson and commissioners

The Chairperson must hold office full-time on terms in the instrument of appointment; the six other commissioners must serve part-time for a period not exceeding three years on terms in their instruments of appointment.

Section Tenure of office of Chairperson and commissioners Section Subject to this Act, the Chairperson shall hold office on a full time basis on such terms and conditions as may be specified in the instrument of appointment. Subject to this Act, the six other commissioners shall serve on the Commission on a part-time basis for a period not exceeding three years on such terms and conditions as may be specified in the instruments of appointment.
7
Establishment and membership of Uganda Law Reform Commission - Resignation of commissioner

A commissioner may resign from office by writing addressed to the President through the Attorney General.

Section Resignation of commissioner Section A commissioner may resign his or her office, by writing under his or her hand, addressed to the President through the Attorney General.
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Establishment and membership of Uganda Law Reform Commission - Removal from office of commissioner

The President may remove a commissioner from office, on the advice of the Attorney General, for inability (including infirmity of body or mind), misbehaviour or any other cause; the commissioner must be given an opportunity to be heard before removal.

Section Removal from office of commissioner Section The President may, on the advice of the Attorney General, remove a commissioner from office on the ground of inability to perform the functions of his or her office as a result of infirmity of body or mind or for any other cause or misbehaviour. In the case of removal from office of a commissioner under this section on the ground of inability to perform the functions of his or her office, for misbehaviour or as a result of any other cause other than infirmity of body or mind, the commissioner shall, before removal, be given an opportunity to be heard on the allegations made against him or her.
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Establishment and membership of Uganda Law Reform Commission - Re-appointment of commissioners ceasing to hold office

A commissioner who ceases to hold office as a member of the Commission is eligible for re-appointment, subject to this Act.

Section Re-appointment of commissioners ceasing to hold office Section A commissioner who ceases to hold office as a member of the Commission shall, subject to this Act, be eligible for re-appointment.

Part III

Functions of Commission

10
Functions of Commission - Functions of Commission

The Commission must study and keep under constant review the Acts and other laws comprising the laws of Uganda to make recommendations for their improvement, development, modernisation and reform.

Section Functions of Commission Section 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, modernisation and reform with particular emphasis on— the elimination of anomalies in the law, the repeal of obsolete and unnecessary laws and the simplification and translation of the law; the reflection in the laws of Uganda of the customs, values and norms of society in Uganda as well as concepts consistent with the United Nations Charter for Human Rights and the Charter of Human and Peoples’ Rights of the African Union; the development of new areas in the law by making the laws responsive to the changing needs of the society in Uganda; the adoption of new or more effective methods or both for the administration of the law and dispensation of justice; and the integration and unification of the laws of Uganda.
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Functions of Commission - Powers of Commission

The Commission may perform various functions including receiving proposals, preparing study programmes for Attorney General approval, drafting bills, conducting research (with Attorney General approval for directing initiation), advising government ministries, promoting public participation, and appointing committees.

Section Powers of Commission Section In the performance of its functions, the Commission may— receive, review and consider any proposals for the reform of the law which may be referred to it by any person or authority; prepare and submit to the Attorney General, for approval, programmes for the study and examination of any branch of the law with a view to making recommendations for its improvement, modernisation and reform; and those programmes shall include an estimate of the finances and other resources required to carry out any such studies and the period of time that would be required for the completion of the studies; undertake, pursuant to any such recommendations approved by the Attorney General, the formulation of drafts in the form of bills or other instruments for consideration by the Government and Parliament; initiate and carry out, or, with the approval of the Attorney General, direct the initiation and research necessary for the improvement and modernisation of the law; provide, at the instance of the Government, to Ministries and departments of Government and other authorities concerned, advice, information and proposals for reform or amendment of any branch of the law; encourage and promote public participation in the process of lawmaking and educate and sensitise the public on lawmaking through seminars, publications and the mass media; and 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 .
12
Functions of Commission - Appointment of experts and consultants

The Attorney General may, on the advice of the Commission, appoint an expert or consultant as an additional commissioner for the particular law reform.

Section Appointment of experts and consultants Section The Attorney General may, on the advice of the Commission , appoint a person who is an expert or a consultant in a specific aspect of any law reform being undertaken by the Commission to be an additional commissioner only for the purposes of the particular law reform being undertaken.
13
Functions of Commission - Procedure of Commission

The Commission must regulate its own procedure and method of carrying out its functions.

Section Procedure of Commission Section The Commission shall regulate its own procedure and method of carrying out its functions.

Part IV

Secretary and other staff of Commission

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Secretary and other staff of Commission - Secretariat

The Commission must be served by a secretariat consisting of a Secretary and other staff.

Section Secretariat Section The Commission shall be serviced by a secretariat composed of a Secretary and other staff.
15
Secretary and other staff of Commission - Appointment, qualifications and tenure of office of Secretary

The Secretary of the Commission is to be appointed by the Attorney General, must be a lawyer with substantial experience, holds office full time under terms in the instrument of appointment, may resign in writing to the Attorney General, may be removed by the Attorney General for infirmity, other cause or misbehaviour (with an opportunity to be heard before removal), the Commission must notify the Attorney General if the office becomes vacant, and the Commission may authorise another qualified staff member to act temporarily in consultation with the Attorney General during incapacity.

Section Appointment, qualifications and tenure of office of Secretary Section The Secretary of the Commission shall be appointed by the Attorney General. A person to be appointed Secretary of the Commission shall be a lawyer with considerable practical, professional and administrative experience. Subject to this Act, the Secretary shall hold office on a full time basis on such terms and conditions as shall be specified in the instrument of appointment. The Secretary may resign his or her office, by writing under his or her hand, addressed to the Attorney General. The Attorney General may remove the Secretary from office on the ground of inability to perform the functions of his or her office as a result of infirmity of body or mind or for any other cause or for misbehaviour. In the case of removal from office of the Secretary under this section on the ground of inability to perform the functions of his or her office as a result of misbehaviour or for any other cause, the Secretary shall, before removal, be given an opportunity to be heard on the allegations made against him or her. Where the office of Secretary becomes vacant, the Commission shall notify the Attorney General, as soon as possible, of the vacancy. Where the Secretary is temporarily incapacitated from the performance of the functions of his or her office, the Commission may, in consultation with the Attorney General, in writing, authorise one of the other members of the staff with qualifications for appointment to the office of Secretary to perform the functions of the Secretary for the duration of the incapacity.
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Secretary and other staff of Commission - Functions of Secretary

The Secretary is the executive and accounting officer of the Commission, must carry out Commission policies and manage its day-to-day affairs and staff, must record and keep minutes, is entitled to attend meetings (unless directed otherwise in writing), and must not have the right to vote at meetings.

Section Functions of Secretary Section Subject to the general control of the Commission , the Secretary shall be responsible for— The Secretary shall be the executive and accounting officer of the Commission . carrying out the policy decisions of the Commission and for the day-to-day administration and management of the affairs of the Commission and for the control of the other staff of the Commission ; and recording and keeping the minutes of the Commission at all its meetings. The Secretary shall, unless in any particular case otherwise directed on grounds stated by the Commission in writing, be entitled to attend all meetings of the Commission , but the Secretary shall not have the right to vote on any matter falling to be decided upon by the Commission at its meetings.
17
Secretary and other staff of Commission - Other staff of Commission

The Attorney General shall have functions regarding other staff of the Commission including establishing posts, appointing and promoting staff, making rules on terms and conditions, ensuring staff welfare, and disciplining (including dismissal).

Section Other staff of Commission Section The Attorney General shall have the following functions in relation to the staff of the Commission — The other staff of the secretariat of the Commission referred to in section 14 shall consist of lawyers and non-lawyer staff as may be necessary for the efficient discharge of the functions of the Commission . The staff of the Commission to whom this section applies shall be recruited from among persons who are public officers and persons who are not public officers and shall be appointed by the Attorney General in accordance with this section. the establishment of posts for lawyers, accountants, other professionals and other staff as the Commission may require for the efficient carrying out and discharge of its functions; the appointment and promotion of suitably qualified persons to occupy the posts established under paragraph (a) ; the making of rules and regulations governing the terms and conditions of service of the persons appointed under paragraph (b) ; ensuring that reasonable provision is made for the welfare of the staff of the Commission and other matters connected therewith; and the discipline, including dismissal, of the staff of the Commission .

Part V

Remuneration

18
Remuneration - Remuneration of Chairperson and other commissioners

The Chairperson shall be paid salary, allowances and other benefits determined by the President on the advice of the Attorney General; the other six commissioners shall be paid allowances and other benefits determined by the President on the advice of the Attorney General.

Section Remuneration of Chairperson and other commissioners Section There shall be paid to the Chairperson such salary, allowances and other benefits as shall be determined by the President on the advice of the Attorney General. There shall be paid to the other six commissioners such allowances and other benefits as shall be determined by the President on the advice of the Attorney General.
19
Remuneration - Remuneration of committee members, experts and consultants

Members of a committee appointed under section 11(g) are to be paid allowances determined by the Attorney General; experts or consultants appointed to the Commission under section 12 are to be paid fees and allowances determined by the Attorney General.

Section Remuneration of committee members, experts and consultants Section There shall be paid to the members of a committee appointed under section 11(g) , such allowances as the Attorney General shall determine. There shall be paid to the experts or consultants appointed to the Commission under section 12 , such fees and allowances as the Attorney General shall determine.
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Remuneration - Remuneration of Secretary

There shall be paid to the Secretary such salary, allowances and benefits as shall be determined by the Attorney General.

Section Remuneration of Secretary Section There shall be paid to the Secretary such salary, allowances and benefits as shall be determined by the Attorney General.
21
Remuneration - Remuneration of other staff

The other staff of the Commission shall be paid salaries, allowances and other benefits as determined by the Attorney General.

Section Remuneration of other staff Section There shal1 be paid to the other staff of the Commission such salaries or wages, as the case may be, allowances and other benefits as shall be determined by the Attorney General.

Part VI

Financial and other matters

22
Financial and other matters - Funds of Commission

Lists the types of money that make up the Commission's funds: sums from the Consolidated Fund; loans, grants, donations and gifts from within and outside Uganda; and other sums payable to the Commission in the discharge of its functions.

Section Funds of Commission Section The funds of the Commission shall include the following— sums of money issued out of the Consolidated Fund; loans, grants, donations and gifts from sources within and outside Uganda; and such other sums of money as may become payable to the Commission in the discharge of its functions.
23
Financial and other matters - Remuneration and expenditure to be charged on Consolidated Fund

Payments for remuneration under Part V and other expenditures of the Commission shall be charged and paid out of the Consolidated Fund without further appropriation than this Act.

Section Remuneration and expenditure to be charged on Consolidated Fund Section There shall be charged and paid out of the Consolidated Fund, without further appropriation than this Act, any payments required under this Act to be made towards remuneration as provided under Part V , and other expenditures of the Commission in the discharge of its functions.
24
Financial and other matters - Commission to be self-accounting

The Commission must be a self-accounting body and must deal directly with the Ministry responsible for finance on matters concerning its finances.

Section Commission to be self-accounting Section The Commission shall be a self-accounting body and shall deal directly with the Ministry responsible for finance on matters concerning its finances.
25
Financial and other matters - Financial year

The Commission's financial year is the 12-month period from 1 July to 30 June of the following year.

Section Financial year Section The financial year of the Commission shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.
26
Financial and other matters - Estimates of Commission

The Commission must submit to the Minister responsible for finance estimates of the Commission's income and expenditure before each financial year begins.

Section Estimates of Commission Section The Commission shall, before the commencement of each financial year, submit to the Minister responsible for finance, estimates of income and expenditure of the Commission for the ensuing financial year.
27
Financial and other matters - Accounts and audit

The Commission must keep proper accounts; the Auditor General (or an appointed auditor) must audit those accounts within three months after each financial year and has rights to access records; the Auditor General must submit audited accounts and a report to the Attorney General and to the Commission within three months after the end of each financial year.

Section Accounts and audit Section The Commission shall keep proper books of accounts in respect of its income and expenditure, in a form approved by the Auditor General. The books of accounts of the Commission shall be audited within three months after the end of each financial year by the Auditor General or by an auditor appointed by him or her. The Auditor General or the auditor appointed by him or her shall be entitled to have access to all books of accounts and other financial records of the Commission and to require any information and explanation in relation to those books and records. The Auditor General shall, within three months after the end of each financial year, submit to the Attorney General a copy of the audited accounts of the Commission together with his or her report on the accounts stating any matter which in his or her opinion has to be brought to the attention of the Attorney General. The Auditor General shall, within three months after the end of each financial year, submit to the Commission a copy of the audited accounts and his or her report submitted to the Attorney General under subsection (4) .
28
Financial and other matters - Attorney General to lay Auditor General’s report before Parliament

The Attorney General must lay before Parliament the audited accounts of the Commission and the Auditor General’s report.

Section Attorney General to lay Auditor General’s report before Parliament Section The Attorney General shall, as soon as practicable after receiving the audited accounts of the Commission and the Auditor General’s report under section 27 , lay before Parliament the audited accounts of the Commission and the Auditor General’s report.

Part VII

General

29
General - Annual report

The Commission must make an annual report to the Attorney General on its proceedings.

Section Annual report Section The Commission shall make an annual report to the Attorney General on its proceedings.
30
General - Attorney General to lay Commission’s annual report before Parliament

The Attorney General must lay before Parliament the Commission’s approved programmes, any reform proposals under those programmes, and the Commission’s annual report on its proceedings with any comments.

Section Attorney General to lay Commission’s annual report before Parliament Section The Attorney General shall lay before Parliament— any programme prepared by the Commission and approved by him or her and any proposals for reform formulated by the Commission pursuant to that programme; and the annual report of the Commission on its proceedings submitted to him or her by the Commission under section 29 with any comments on it as he or she may deem necessary.
31
General - Directions of Attorney General

The Attorney General may give directions, subject to this Act, to the Commission about policy, either generally or specifically.

Section Directions of Attorney General Section The Attorney General may, subject to this Act, give directions of a general or specific nature relating to policy to the Commission .
32
General - Regulations

The Attorney General may make regulations to carry out the provisions of the Act.

Section Regulations Section The Attorney General may make regulations for better carrying out the provisions of this Act.

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