Trouble for Civilians as Museveni Signs UPDF Bill into Law, Sending Them to Military Courts

Museveni

President Yoweri Kaguta Tibuhaburwa Museveni has assented to The Uganda Peoples’ Defence Forces (Amendment) Act, 2025.

The new law send civilians into army courts, among other controversial provisions.

The president’s decisions means that Civilians Can Officially be Tried in Military Courts.

Weeks ago, Parliament passed the Uganda Peoples’ Defence Forces (Amendment) Bill, 2025, that will see civilians tried in the courts martial.

The law introduces sweeping reforms to the military justice system, restructures health services for armed forces personnel, and streamlines veterans’ affairs. It establishes a Directorate of Military Prosecutions to professionalise the process.

It also protects against premature execution of a death sentence until it is confirmed by the Supreme Court.

Additionally, the law sets out clear apparent process for courts martial decisions; from Unit Court Martial to the Division Court Martial, from Division Court Martial to the General Court Martial, from General Court Martial to the Court of Appeal, and finally to the Supreme Court.

Presenting the motion on Tuesday, 20 May 2025, in a plenary session chaired by Speaker Anita Among, the Minister of Defence and Veteran Affairs, Jacob Oboth, said that the Bill is not about subjecting civilians to military courts arbitrarily, but targets those who engage in military-related offences.

“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,” Oboth said.

Tabling the report of the joint committee, Wilson Kajwengye, Chairperson of the Committee on Defence and Internal Affairs, said: “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.”

The Bill responds to the Supreme Court’s decision in Attorney General vs. Hon. Michael A. Kabaziguruka, Constitutional Appeal No. 2 of 2021, which found that the trial of civilians in military courts under the current UPDF Act was unconstitutional.

Kajwengye noted that the proposed changes require the restructuring of military courts to ensure independence and transparency.

“This requires changes to the military structure to ensure that those presiding over trials are appointed through a transparent process and operate independently of superior influence,” he added.

The Bill introduces reforms relating to the structure, appointments, and jurisdiction of military courts.

However, the committee also raised several concerns.

“The roles and mandate of the Military Courts Department are vague, leaving gaps in oversight and accountability. This overlap of judicial and prosecutorial roles is a violation of natural justice,” Kajwengye said.

On judicial appointments, the committee recommended increased civilian oversight and the administration of judicial oaths, a proposal upheld by the House.

“The committee contends that military courts must be governed by the judicial oath and legal standards. Military court judges should be appointed by the Commander-in-Chief on the recommendation of the Judicial Service Commission from a list generated by the High Command.”

The committee further proposed that appeals from the General Court Martial should lie with the Court of Appeal.

Regarding military property, the committee recommended the regulation of military-style attire that lacks UPDF insignia, to distinguish it from civilian wear.

Despite a walk-out by several members of the Opposition led by Hon. Joel Ssenyonyi, their leader, the handful that remained in the Chamber put up a spirited fight.

A minority report authored by Hon. Moses Okot (FDC, Kioga County) criticised the Bill as unconstitutional and contrary to the Supreme Court’s judgment. — Report: Parliament of Uganda.