Special Regions Act
Defines "authorised officer" to include an administrative officer, a police officer of or above the rank of corporal, or any person declared by the Minister by statutory instrument to be an authorised officer.
- Jurisdiction
- Uganda
- Instrument
- Act or statute
- Citation
- Chapter 306
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Uganda Legal Information Institute
Statute overview
About this statute
Authorised officers may order removal of trespassing cattle and may shoot cattle in specified circumstances; failure to obey removal orders is an offence punishable by up to twelve months' imprisonment; a chief magistrate must hold an inquiry into any shooting. Authorised officers must report actions taken under subsection (1) to a chief magistrate forthwith; magistrates may, after inquiry, order return, transfer, sale and distribution of seized cattle or compensation depending on findings and the Animal Diseases Act. Courts may make exclusion orders after convicting a person of certain offences; an exclusion order prohibits the person from entering and remaining in specified areas for up to five years, the court may add conditions to prevent association with persons in the excluded area, the order takes effect on release if the person is imprisoned, and breaching the order is an offence punishable by up to twelve months' imprisonment. If cattle have been seized, sold, slaughtered or otherwise disposed of under the Act and that action was confirmed by a magistrate after inquiry, no person may start civil proceedings in any court about those cattle. Persons acting (or purporting to act) under this Act who perform acts in good faith while executing their duty are not personally subject to liability, action, claim or demand.
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Provisions of Special Regions Act
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1. Interpretation
Defines "authorised officer" to include an administrative officer, a police officer of or above the rank of corporal, or any person declared by the Minister by statutory instrument to be an authorised officer.
Section 1. Interpretation Section " authorised officer " means an administrative officer, a police officer of or above the rank of corporal or any other person declared by the Minister by statutory instrument to be an authorised officer; - 10
10. Authorised officer may shoot trespassingcattle
Authorised officers may order removal of trespassing cattle and may shoot cattle in specified circumstances; failure to obey removal orders is an offence punishable by up to twelve months' imprisonment; a chief magistrate must hold an inquiry into any shooting.
Section 10. Authorised officer may shoot trespassingcattle Section 10(1) Without prejudice to the powers conferred on authorised officers by virtue of section 9 , any authorised officer who finds cattle in a prohibited area in contravention of an order made under section 3 , may order any person apparently in charge of the cattle to remove them from the prohibited area. Section 10(2) Where— Section 10(2)(a) an authorised officer has issued an order for the removal of cattle under subsection (1) and after the expiration of a reasonable time the cattle have not been moved in accordance with the order; or Section 10(2)(b) there is no person apparently in charge of any cattle to whom an order under subsection (1) can be directed, Section 10(3) Where any cattle have been shot or otherwise destroyed under this section, the shooting or destruction shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the shooting in such manner as he or she shall think fit, but insofar as is practicable giving all parties concerned an opportunity of being heard. Section 10(4) The provisions of section 9 (3) and (4) shall apply, with all necessary modifications, to an inquiry held under subsection (3). Section 10(5) Any person who fails to comply with an order made under subsection (1) commits an offence and is liable on conviction to imprisonment for a period not exceeding twelve months. - 11
11. Power to follow up and seizecattle
Authorised officers must report actions taken under subsection (1) to a chief magistrate forthwith; magistrates may, after inquiry, order return, transfer, sale and distribution of seized cattle or compensation depending on findings and the Animal Diseases Act.
Section 11. Power to follow up and seizecattle Section 11(1) Whenever an authorised officer is satisfied that— Section 11(1)(a) any cattle have been stolen, whether within a special region or not; and Section 11(1)(b) have taken part in the theft; or Section 11(2) Any action by an authorised officer under subsection (1) shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the facts of the case in such manner as he or she shall think fit, giving if practicable an opportunity for members of the community from whom the cattle have been seized an opportunity of being heard. Section 11(3) If a magistrate on holding an inquiry under subsection (2) is satisfied that the seizure of cattle was justified, he or she may order that all the cattle , or any specified number of the cattle , be given to the person from whom the cattle were stolen; except that if by virtue of the Animal Diseases Act such an order cannot be carried into effect, the magistrate may order that all the cattle , or any specified number of the cattle , be sold and that the proceeds of the sale be given to the person from whom the cattle were stolen. Section 11(4) If a magistrate makes an order under subsection (3) in respect of a specified number only of cattle seized under this section, he or she shall order that any remaining cattle be returned to the community from which the cattle were seized. Section 11(5) If the magistrate holding an inquiry under subsection (2) is not satisfied that the seizure of cattle was justified, he or she— Section 11(5)(a) shall order that the cattle be returned to the community from which they were seized; and Section 11(5)(b) may order that such compensation as he or she may think just be paid to that community in respect of the seizure. Section 11(6) An order of a magistrate under this section shall be final. - 12
12. Power of court to make an exclusion order
Courts may make exclusion orders after convicting a person of certain offences; an exclusion order prohibits the person from entering and remaining in specified areas for up to five years, the court may add conditions to prevent association with persons in the excluded area, the order takes effect on release if the person is imprisoned, and breaching the order is an offence punishable by up to twelve months' imprisonment.
Section 12. Power of court to make an exclusion order Section 12(1) In any case when a court convicts any person of— Section 12(1)(a) an offence under this Act; Section 12(1)(b) an offence involving violence to any person or property; or Section 12(1)(c) an offence involving or relating to the theft of cattle , Section 12(2) An exclusion order made under this section shall prohibit the person in respect of whom it is made from entering and remaining in, for such period not exceeding five years as may be stated in the exclusion order, any specified area within the special region . Section 12(3) A court making an exclusion order may impose such other conditions as in the circumstances of the case may seem expedient in relation to preventing the person in respect of whom the order is made from associating in any manner with persons in the area from which he or she is excluded. Section 12(4) An exclusion order made under this section in respect of a person sentenced to a term of imprisonment shall have effect on the date of his or her release from prison. Section 12(5) Any person who contravenes the provisions of or any condition in an exclusion order commits an offence and is liable on conviction to imprisonment for a period not exceeding twelve months. Section 12(6) Where any person has been convicted under subsection (5) in respect of any contravention of the conditions in an exclusion order, no period during which that person is serving a term of imprisonment in consequence of that conviction, or during which that person may have escaped from lawful custody during that term, shall be taken into account for the purpose of calculating the duration of the exclusion order. Section 12(7) On application made at any time by or at the direction of the Attorney General the High Court may vary the terms and conditions of an exclusion order; except that the High Court may not vary any such order to the prejudice of the person against whom the order is made without giving that person an opportunity of being heard. - 13
13. Action under Act not to affect proceedings in a court, in certain circumstances
If cattle have been seized, sold, slaughtered or otherwise disposed of under the Act and that action was confirmed by a magistrate after inquiry, no person may start civil proceedings in any court about those cattle.
Section 13. Action under Act not to affect proceedings in a court, in certain circumstances Section 13(1) Where any cattle have been seized, sold, slaughtered or in any other manner whatsoever disposed of in accordance with the provisions of this Act, and the seizure, sale, slaughter or disposal has been the subject of an order or declaration of a magistrate following an inquiry under those provisions, no civil proceedings shall be commenced in any court by any person in respect of any such cattle . Section 13(2) Except as provided in subsection (1), no action taken under this Act shall be deemed to be a bar to any civil or criminal proceedings in any court; but in assessing any damages or compensation a court shall have regard to any compensation paid under this Act. - 14
14. Indemnity to persons acting in good faith
Persons acting (or purporting to act) under this Act who perform acts in good faith while executing their duty are not personally subject to liability, action, claim or demand.
Section 14. Indemnity to persons acting in good faith Section No act done or omitted to be done by any person acting or purporting to act under the provisions of this Act shall, if done in good faith in the execution of his or her duty, subject that person personally to any liability, action, claim or demand. - 15
15. Inquiries where chief magistrate is unable to act
If a chief magistrate cannot begin an inquiry within seven days after receiving the relevant report, a magistrate grade I appointed by the Chief Justice may commence and conclude the inquiry and may exercise the powers of a chief magistrate.
Section 15. Inquiries where chief magistrate is unable to act Section Where under this Act an inquiry is directed to be held by a chief magistrate and for any reason a chief magistrate is unable to commence the inquiry until after the expiration of seven days from the date on which a report on the matters leading to the inquiry has been received by him or her, any magistrate grade I appointed by the Chief Justice for that purpose may commence within the period during which the chief magistrate is unable to act and thereafter conclude any such inquiry, and for that purpose the magistrate shall have and may exercise all or any of the powers conferred on a chief magistrate by virtue of this Act. - 2
2. Declaration of special regions
The Minister may, by statutory instrument, declare any area to be a special region.
Section 2. Declaration of special regions Section The Minister may by statutory instrument declare any area to be a special region . - 3
3. Minister’s power in special regions
The Minister may declare places within a declared special region to be prohibited areas, may prohibit entry and building within them (entry requires written permission of an administrative officer), orders must be published and may come into force on a Minister-directed date, residents are exempt, and contravention can lead to up to twelve months imprisonment.
Section 3. Minister’s power in special regions Section 3(1) Where a special region has been declared under section 2 , the Minister may by statutory order declare any place or area within the special region to be a prohibited area and may by the same or any subsequent order— Section 3(1)(a) prohibit the entry of any person into that prohibited area without the permission in writing of an administrative officer; Section 3(1)(b) all cattle ; Section 3(1)(c) prohibit the building or erection of any huts, tents, enclosures or structures of any kind, including cattle kraals, within any prohibited area . Section 3(2) An order made under subsection (1)(a) or (c) shall not apply to any person normally resident in the prohibited area in respect of which the order is made. Section 3(3) An order made under subsection (1) shall be published in the Gazette and may be published in such other manner as the Minister shall direct. Section 3(4) Notwithstanding the Interpretation Act, any order made under subsection (1) shall come into force on such date as the Minister shall direct, whether or not it has on that date been published in the Gazette . Section 3(5) Any person who contravenes any of the provisions of an order made under subsection (1) commits an offence and is liable on conviction to imprisonment for a period not exceeding twelve months. Section 3(6) Where any person has been convicted of the offence of contravening an order made under subsection (1)(c), the court may, in addition to any other penalty which it may impose, order that any hut, tent, enclosure or structure built or erected in contravention of the order be destroyed in such manner as the court may direct. - 4
4. Binding over to keep the peace
A chief magistrate or magistrate grade I may require community leaders to show cause and execute bonds to keep the peace for up to one year when informed of likely bloodshed, cattle theft, or prohibited cattle entry.
Section 4. Binding over to keep the peace Section 4(1) Whenever a chief magistrate or a magistrate grade I is informed that any members of any community within a special region are likely to act in a manner which may lead to bloodshed, or to the theft of cattle or to the entry of cattle in contravention of an order made under section 3 (1), the magistrate may in the manner hereafter provided require the leaders of the community, or any of them, to show cause why they should not be ordered to execute a bond or bonds on behalf of the community that the community will keep the peace for such period, not exceeding one year, as the magistrate may think fit. Section 4(2) No proceedings shall be commenced under this section unless— Section 4(2)(a) the community in respect of which the information is received by the magistrate; or Section 4(2)(b) the place where bloodshed or the theft or entry of cattle is apprehended, Section 4(3) When a magistrate acting under subsection (1) deems it necessary to require any leader on behalf of any community to show cause under that subsection, he or she shall make an order in writing setting forth— Section 4(3)(a) the substance of the information received; Section 4(3)(b) the amount of the bond or bonds to be executed; and Section 4(3)(c) the period for which the bond or bonds is or are to be in force. Section 4(4) When any leader in respect of whom the magistrate has made an order under subsection (3) is present in court, the order shall be read over and explained to him or her; if any such leader is not present in court, the magistrate shall issue a summons requiring him or her to attend the court and shall on his or her appearance before the court read over and explain the order to him or her. Section 4(5) The provisions of the Magistrates Courts Act relating to criminal summonses for accused persons and the power to arrest for disobedience of such summonses shall apply to a summons issued under subsection (4). - 5
5. Inquiry before binding over
When an order under section 4(3) has been read and explained under section 4(4), the magistrate must inquire into the truth of the information and take any further evidence necessary.
Section 5. Inquiry before binding over Section 5(1) When an order made under section 4 (3) has been read over and explained in the manner provided in section 4 (4), the magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may be necessary. Section 5(2) An inquiry under subsection (1) shall be made, as nearly as may be practicable, in the manner prescribed in the Magistrates Court Act for conducting trials before a magistrate’s court. Section 5(3) The provisions of the Evidence Act shall not apply to an inquiry under this section, and the magistrate may receive any evidence which appears to him or her to be relevant. - 6
6. Order to give security
The magistrate may order community leaders to give bonds to keep the peace if, after an inquiry under section 5, the magistrate is satisfied the community members are likely to cause bloodshed, steal cattle, or unlawfully bring cattle into a prohibited area.
Section 6. Order to give security Section If upon any inquiry under section 5 the magistrate is satisfied that the members of any community within a special region are likely to act in a manner which may lead to bloodshed, or to the theft of cattle, or to the entry of cattle into a prohibited area in contravention of an order made under section 3 , he or she may make an order requiring the leaders, or any of them, in respect of whom the inquiry is made, to execute a bond or bonds on behalf of the members of the community that the community will keep the peace and be of good behaviour; but no such bond shall be for a greater sum or for a longer period than that specified in the order made under section 4 (3). - 7
7. Refusal to give security
If a leader refuses without good cause to execute a bond required under section 6, a chief magistrate or a magistrate grade I may order seizure and confiscation of cattle from the community up to the bond's value or part of it.
Section 7. Refusal to give security Section If any leader refuses without good cause to execute a bond which he or she has been required to execute under section 6 , a chief magistrate or a magistrate grade I may forthwith order the seizure and confiscation from the community concerned of cattle to the value of the amount of the bond or of such part of the amount as he or she may think fit. - 8
8. Breach of bond
Section acted in such a manner as to have caused or to have been likely to cause bloodshed;
Section 8. Breach of bond Section acted in such a manner as to have caused or to have been likely to cause bloodshed; - 9
9. Power ofauthorised officerto seizecattle
Authorised officers may seize and impound cattle in prohibited areas suspected to be there in contravention of an order under section 3, may sell, slaughter or dispose of seized cattle; seizures must be reported to a chief magistrate who must hold an inquiry; after inquiry the magistrate may order forfeiture or return (return at Government expense).
Section 9. Power ofauthorised officerto seizecattle Section 9(1) Any authorised officer may seize and impound, or cause to be seized and impounded, any cattle in a prohibited area which he or she suspects on reasonable grounds are in the prohibited area in contravention of an order made under section 3 and may, if he or she thinks fit, cause any of the cattle so seized and impounded to be sold, slaughtered or otherwise disposed of. Section 9(2) Any seizure of cattle made under subsection (1) shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the seizure in such manner as he or she shall think fit, but insofar as is practicable giving all parties concerned an opportunity of being heard. Section 9(3) If, after holding an inquiry under subsection (2), the magistrate— Section 9(3)(a) order the forfeiture of all such cattle seized and still impounded; or Section 9(3)(b) if the cattle are impounded, order their return to the owners of the cattle at the expense of the Government; or Section 9(4) An order or declaration of a magistrate under this section shall be final.
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