Parliament was on Tuesday adjourned sine die moments after passing the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, a sweeping piece of legislation that redefines the scope and structure of military justice, permitting the trial of civilians in courts martial under certain circumstances.
The Bill was tabled by the Minister of Defence and Veteran Affairs, Hon. Jacob Oboth, during a plenary session chaired by Speaker Anita Among on Tuesday, May 20, 2025. Despite resistance from opposition MPs , including a walkout led by the Leader of the Opposition, Hon. Joel Ssenyonyi, the House passed the Bill with several amendments after extended debate.
Central to the debate was Clause 30 of the Bill, which introduces a new Section 117A to the UPDF Act, effectively reintroducing the concept of “other persons subject to military law.”
This would allow civilians who engage in certain military-related offences such as unlawful possession of weapons, collaboration with military personnel, or impersonation of soldiers to be tried by military courts.
Hon. Jacob Oboth clarified the intent behind the provision, stating, “This law addresses civilians who acquire arms or equipment used for violence, those who masquerade as militants, and those who commit offences in collaboration with military personnel. I want to dispel fears that this law targets all Ugandans.”
Presenting the majority report, Committee on Defence and Internal Affairs Chairperson Hon. Wilson Kajwengye endorsed the Bill but acknowledged the constitutional concerns raised.
“The committee has examined this matter and concludes that the trial of civilians by military courts should occur only in exceptional circumstances, ensuring that a fair trial is guaranteed,” he said.
Kajwengye emphasised the need for transparency and independence in the military justice system, recommending judicial oversight, judicial oaths for court martial judges, and appointments vetted by the Judicial Service Commission measures the House adopted.
A minority report presented by Hon. Moses Okot (FDC, Kioga County) rejected the Bill, particularly Clause 30, branding it a veiled attempt to revive a law previously struck down.
“What Clause 30 presents is a reincarnation of a provision already declared unconstitutional by the Supreme Court. Such an action amounts to contempt of court,” Okot said, warning that it could open the door for politically motivated prosecutions against civilians, including opposition leaders, journalists, and activists.
Similarly, Hon. Jonathan Odur (UPC, Erute South) warned that the Bill marked the “birth of military dictatorship” and a grave betrayal of the Constitution. “This Bill is a direct assault on the rule of law. Civilians must not face military tribunals,” Odur said.
Beyond the civilian trial provisions, the Bill introduces broad reforms to military courts and veterans’ affairs. A new Directorate of Military Prosecutions is established to professionalise and streamline prosecutions, while a revised appeals structure ensures decisions move progressively from Unit Court Martial up to the Supreme Court.
Additionally, the Bill bars execution of death sentences until confirmed by the Supreme Court a move hailed by legal experts as a safeguard against abuse of capital punishment.
It also clarifies the regulation of military-style clothing, including non-insignia attire that could mislead the public, in a bid to strengthen national security.
Hon. Gilbert Olanya (FDC, Kilak South) demanded clarity on what constitutes the “exceptional circumstances” for trying civilians in military courts, while Hon. Muhammad Nsereko (Ind., Kampala Central) pushed for the deletion of the clause altogether — a motion that failed.
Meanwhile, supporters like Hon. Patrick Isiagi (NRM, Kachumbala) argued that any civilian who handles military hardware should be subject to military law. Hon. Peter Ogwang (Minister of State for Sports) defended the Court Martial’s role in stabilising insecure regions like Karamoja.
The bill outlines a defined appellate process for court martial decisions, progressing from the Unit Court Martial to the Division Court Martial, then to the General Court Martial, followed by the Court of Appeal, and ultimately the Supreme Court.
It mandates that presiding officers in military courts must be legally qualified, addressing previous concerns about the competence of military officers in judicial roles .
The Special Forces Command (SFC) and the Reserve Forces are formally recognized as distinct branches of the UPDF, expanding the military’s composition .
A new Joint Military Command is established to assume functions previously managed by the High Command, including approving military plans and overseeing operations .
The bill restructures health services for armed forces personnel, aiming to improve medical care and support.
It streamlines the management of veterans’ affairs, including the decentralization of the Pension Authority from the Ministry of Public Service to the Ministry of Defence and Veteran Affairs.
The bill now awaits President Yoweri Museveni’s assent to become law.