Former Makerere University guild president and now a member of People Power has dragged government to court for gazetting among other things the red beret as a military attire.
Government through the Minister of Defence and Veteran Affairs on September 18, 2019 gazetted the red beret as part of the Uganda People’s Defence Forces’ marks, accessories, insignia, decoration and uniform as provided for under section 160 of the UPDF Act 2005.
In a suit filed before the Civil Division of the High Court in Kampala on Wednesday, Ivan Bwowe said that it was illegal for the government through the Minister of Defence to include in the gazette, items not covered by section 160 of the UPDF Act, adding that it was over above its mandate.
“The act of the Minister of Defence to gazette clothing, headgear, boots and other items other than the mark or marks is illegal, ultra vires and an abuse of the law and outside the minister’s legal mandate,” Bwowe argues.
Bwowe who is a lawyer wants court to issue an order that the warning to the public in the gazette over red beret is illegal, an abuse of the law and outside the minister’s mandate.
“The applicant wants court to issue an order compelling the respondent (government) to publish in the gazette, a proper notice only limited to a mark or marks in accordance with the law,” the court documents read.
This comes after the dress code for the Uganda People’s Defence Force was gazetted, meaning that all the marks, insignia, decorations and uniforms are the property of the state or classified stores.
Such include uniforms, caps among others.
According to the notice signed by the Minister of Defence Adolf Mwesige and issued by the UPDF spokesman, anyone found in unlawful possession, selling or dealing in them shall be prosecuted under the UPDF Act 2005.
Brig Karemire noted that the new rules have been endorsed by the UPDF top organs.
“The dress code for the UPDF has been gazetted. the action was endorsed by the top organs of the army which also commended the dress committee for concluding the task assigned to it years back. this development is a milestone in the long history of the UPDF,” Brig Karemire said in a message on social media.
The law
Section 160 of the UPDF Act 2005 stipulates that the minister shall, by notice published in the gazette, declare and make known what mark or marks, when applied to any arms, clothing, equipment, vehicle, aircraft, or boat shall denote them as a property of the state.
Section 160 (2) (c) adds that if any person unlawfully receives, possesses, sells or delivers any army clothing, equipment, vehicle, aircraft, or boat bearing any mark referred to in subsection (1) or forbidden by or under this act to be sold, pledge or otherwise disposal of, commits an offence and is, on conviction, liable to imprisonment for life.