Uganda (Constitution) Order in Council, 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/405 |
1962 No. 405
EAST AFRICA
The Uganda (Constitution) Order in Council, 196226thFebruary 1962
28thFebruary 1962
1stMarch 1962RemainderOn a day to be appointed by the Governor under section 1 (2).
At the Court at Buckingham Palace, the 26th day of February, 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and construction.
1.—(1) This Order may be cited as the Uganda (Constitution) Order in Council, 1962.
(2) This Order shall come into operation on such day as the Governor, acting in his discretion, may, by Proclamation published in the Gazette, appoint (hereinafter referred to as "the appointed day"), which day shall not be earlier than the day after the day upon which this Order shall have been laid before both Houses of Parliament:
Provided that sections 7 and 8 of this Order shall come into operation on the first day of March, 1962.
(3) Save where the context otherwise requires, expressions used in sections 1 to 18 (inclusive) of this Order and in the Third Schedule thereto have the same meaning as in the Constitution of Uganda set out in the Second Schedule to this Order and the provisions of section 106 of that Constitution shall apply for the purposes of interpreting those sections and the Third Schedule as they apply for the purposes of interpreting that Constitution.
Revocation and amendment.
2.—(1) The Orders specified in Part I of the First Schedule to this Order (hereinafter referred to as "the existing Orders"), other than the provisions of the Uganda Order in Council, 1902(b), set out in the first column of Part II of that Schedule, are revoked with effect from the appointed day.
(a) 53 & 54 Vict. c. 37.
(b) S.R. & O. 1902/662 (Rev. VIII, p. 288: 1902, p. 145).
(2) The provisions of the Uganda Order in Council, 1902, set out in Part II of the First Schedule to this Order are amended to the extent provided in the second column of that Part with effect from the appointed day.
Establishment of Constitution.
3. Subject to the provisions of this Order, the Constitution of Uganda set out in the Second Schedule to this Order shall come into effect in Uganda on the appointed day.
Existing laws.
4.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders, have effect from the appointed day as if they had been made in pursuance of this Order and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.
(2) The Governor may by order made at any time before the first day of September, 1962, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions.
(3) Where any matter that falls to be prescribed or otherwise provided for under this Order by the Legislature of Uganda or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for, immediately before the appointed day, by or under the existing Orders, that prescription or provision shall, as from the appointed day, have effect as if it had been made under this Order by the Legislature of Uganda or, as the case may be, by the other authority or person.
(4) The provisions of this section shall be without prejudice to any powers conferred by this Order upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
(5) For the purposes of this section, the expression "the existing laws" means all Ordinances, laws, rules, regulations, orders and other instruments made or having effect as if they had been made in pursuance of the existing Orders and having effect as part of the law of Uganda or any part thereof immediately before the appointed day.
Existing officers.
5.—(1) Where any office has been established by or under the existing Orders or any existing law and the Constitution of Uganda establishes a similar or an equivalent office (not being the office of the Prime Minister or other Minister, the Attorney-General of Uganda or a Parliamentary Secretary), any person who, immediately before the appointed day, holds or is acting in the former office shall, so far as is consistent with the provisions of this Order, be deemed to have been appointed as from the appointed day to hold or to act in the latter office in accordance with the provisions of this Order and to have taken any necessary oath under this Order:
Provided that, unless the Legislature of Uganda otherwise provides, any person who under the existing Orders or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration, of that period or upon the attainment of that age.
(2) The provisions of this section shall be without prejudice to—
(a) the provisions of section 6 of this Order; and
(b) any powers conferred by or under this Order upon any person or authority to make provision for the abolition of offices and the removal of persons holding or acting in any office.
(3) In this section "existing law" means such a law as is referred to in subsection (5) of section 4 of this Order.
Membership and dissolution of National Assembly.
6.—(1) This section shall have effect if the Legislative Council constituted by the existing Orders is not dissolved before the appointed day but shall not otherwise have effect.
(2) In this section "the interim period" means the period beginning with the appointed day and ending with the first dissolution of the National Assembly thereafter.
(3) During the interim period the provisions of the Constitution of Uganda specified in Part I of the Third Schedule to this Order shall not have effect and the provisions set out in Part II of that Schedule shall have effect in lieu thereof:
Provided that nothing in this subsection shall prevent the Legislature of Uganda or any other person or authority from making such provision or doing such other thing during the interim period as is necessary or expedient for the holding of elections to the National Assembly after the expiration of the interim period.
(4) Any person who, immediately before the appointed day, held office as the Speaker, a Nominated Member, a Representative Member or a Specially Elected Member of the Legislative Council of Uganda shall be deemed to have been appointed or elected as the Speaker, a Nominated Member, a Representative Member or a Specially Elected Member of the National Assembly, as the case may be, as from the appointed day in accordance with the provisions of Part II of the Third Schedule to this Order.
(5) A vacancy among the Representative Members of the National Assembly existing at the commencement of this Order or occurring at any time before the expiration of the interim period shall not be filled.
First general election of Elected Members of National Assembly.
7.—(1) The first general election of Elected Members of the National Assembly may be held at any time after the coming into operation of this section:
Provided that such an election shall not be held unless the Legislative Council constituted by the existing Orders or, if section 6 of this Order has effect, the National Assembly, is first dissolved.
(2) Where a general election of the Elected Members of the National Assembly is held before the appointed day the following provisions shall apply in relation to that election—
(a) the Elected Members shall be elected in the same manner as if sections 29, 30, 31, 32, 33, 34, 35 and 73 and the Fourth Schedule of the Constitution of Uganda had come into operation:
Provided that—
(i) where any matter that falls to be prescribed or otherwise provided for under the provisions of those sections by the Legislature of Uganda is prescribed or provided for by or under any law in force in Uganda immediately before the coming into operation of this section (including any amendment to any such law made under this section) that prescription or provision shall have effect as if it had been made under the provisions of those sections and those sections had come into operation;
(ii) Uganda shall be divided into constituencies having the same boundaries as the boundaries of the electoral districts into which it is divided immediately before the coming into operation of this section for the purposes of elections of Representative Members of the Legislative Council constituted by the existing Orders, and those constituencies shall be deemed to have been established under section 35 of the Constitution of Uganda;
(iii) references in section 32 of the Constitution of Uganda to the dissolution of the National Assembly shall be construed as references to the dissolution of the Legislative Council constituted by the existing Orders and references in the Fourth Schedule to the Constitution of Uganda to a general election shall be construed as references to an election held under this subsection;
(b) a person elected as an Elected Member of the National Assembly in accordance with the provisions of this subsection shall be deemed, as from the appointed day, to have been elected as an Elected Member of the National Assembly in accordance with the provisions of Chapter IV of the Constitution of Uganda, without prejudice, however, to the jurisdiction of the High Court of Uganda to determine whether such a person has been validly elected in accordance with the provisions of this...
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