Uganda (Independence) Order in Council 1962

JurisdictionUK Non-devolved

1962 No. 2175

EAST AFRICA

The Uganda (Independence) Order in Council 1962

2ndOctober 1962

2ndOctober 1962

Immediately before 9thOctober 1962

At the Court at Balmoral, the 2nd day of October 1962

Present.

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the power 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 and commencement.

1.—(1) This Order may be cited as the Uganda (Independence) Order in Council 1962.

(2) This Order shall come into operation immediately before 9th October 1962:

Provided that where the Governor-General has power by or under this Order to make any appointment, or make any order or to do any other thing for the purposes of this Order, that power may be exercised by the Governor and Commander-in-Chief of Uganda at any time after 2nd October 1962 to such extent as may, in his opinion, be necessary or expedient to enable the Constitution of Uganda established by this Order to function as from 9th October 1962.

(3) Save where the context otherwise requires, expressions used in sections 1 to 30 (inclusive) of this Order have the same meaning as in the Constitution of Uganda set out in the Schedule to this Order and the provisions of section 131 of that Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting that Constitution.

Revocations.

2. Sections 2, 3 (1), 3 (2), 7, 13, 14, 15 (2), 16 and 23A of the Uganda Order in Council 1902(b) and the whole of the Uganda (Constitution) Order in Council 1962(c) and of the Uganda (Constitution) (Amendment) Order in Council 1962(d) are revoked.

Establishment of Constitution.

3. Subject to the provisions of this Order, the Constitution of Uganda set out in the Schedule to this Order shall come into effect in Uganda at the commencement of this Order:

Provided that section 24 (8) of the Constitution of Uganda shall come into effect on 9th October 1964 and section 107 of the Constitution of Uganda shall come into effect on 1st July 1963.

(a) 53 & 54 Vict. c. 37.

(b) S.R. & O. 1902/662 (Rev. VIII, p. 288: 1902, p. 145).

(c) S.I. 1962/405 (1962 I, p. 374).

(d) S.I. 1962/625 (1962 I, p. 616).

Existing laws.

4.—(1) Subject to the provisions of this section, the operation of the existing laws after the commencement of this Order shall not be affected by the revocation of the provisions mentioned in section 2 of this Order but the existing laws 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-General may by order made at any time before 9th March 1963 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 Parliament 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 commencement of this Order, by or under the provisions revoked by section 2 of this Order, that prescription or provision shall, as from the commencement of this Order, have effect as if it had been made under this Order by Parliament, 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, resolutions, orders or other instruments having the effect of law made or having effect as if they had been made in pursuance of the provisions revoked by section 2 of this Order and having effect as part of the law of Uganda or any part thereof immediately before the commencement of this Order.

Existing offices.

5.—(1) Where any office has been established by or under the provisions revoked by section 2 of this Order and the Constitution of Uganda establishes a similar or an equivalent office, any person who immediately before the commencement of this Order 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 commencement of this Order 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—

(a) any person who under the provision revoked by section 2 of this Order or under 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;

(b) the person who, immediately before the commencement of this Order, holds the office of constitutional head of the District of Lango shall vacate that office when the Council of that District first meets after it has been constituted in accordance with the requirements of section 88 of the Constitution of Uganda;

(c) Parliament and the Legislative Assembly of the Kingdom of Buganda shall, unless sooner dissolved, stand dissolved on the respective dates on which the National Assembly and the Lukiiko of the Kingdom of Buganda established by the provisions revoked by section 2 of this Order, would have stood dissolved by those provisions.

(2) The provisions of this section shall be without prejudice to any powers conferred by or under this Order upon any person or authority to make provision for the abolition of offices and the removal from office of persons holding or acting in any office.

Emergency Powers Orders in Council 1939 to 1961.

6.—(1) The Emergency Powers Orders in Council 1939 to 1961(a) shall cease to have effect as part of the law of Uganda on 9th March 1963 or such earlier date as Parliament may prescribe:

Provided that section 6 (2) (d) and section 8 of the Emergency Powers Order in Council 1939 shall cease to have effect as part of the law of Uganda as from the commencement of this Order.

(2) References in the Emergency Powers Orders in Council 1939 to 1961 to the Governor shall, in so far as those Orders form part of the law of Uganda, be construed as from the commencement of this Order as references to the Governor-General of Uganda.

(3) Until the Emergency Powers Orders in Council 1939 to 1961 cease to have effect as part of the law of Uganda regulations made under those Orders shall, for the purposes of section 30 (5) of the Constitution of Uganda, be deemed to be made under an Act of Parliament.

Alteration of boundaries of territories.

7.—(1) An Act of Parliament, so far as it makes an alteration to the provisions of section 3 of the Constitution of Uganda by the transfer of any part of Uganda—

(a) from the District of Bukedi to the District of Bugisu;

(b) from the District of Bugisu to the District of Bukedi; or

(c) from the territory of Mbale to any other territory,

shall be excepted from the provisions of section 5 (2) and (3) of the Constitution of Uganda.

(2) The provisions of subsection (1) of this section shall cease to have effect on 9th October 1963.

Provisions for Federal States.

8.—(1) For the period beginning on 9th October 1962 and expiring when the Legislative Assembly of the Kingdom is dissolved—

(a) the provisions of paragraphs 17, 20 (2), and 21 of Schedule 2, paragraphs 16, 19 (2) and 20 of Schedule 3 and paragraphs 17, 20 (2), 21 and 25 of Schedule 4 to the Constitution of Uganda shall not have effect, and the existing provisions that apply in relation to the Kingdom of Ankole, the Kingdom of Bunyoro or the Kingdom of Toro (in so far as they provide for the establishment or composition of a Legislative Assembly or Council of the Kingdom, the qualifications of members thereof, their selection or appointment or tenure of office) shall have effect in lieu thereof;

(b) the Assembly or Council established by the existing provisions shall be the Legislative Assembly of the Kingdom for the purposes of the relevant Schedule.

(2) Where an office of Minister of the Kingdom of Ankole, the Kingdom of Bunyoro or the Kingdom of Toro, is established by the

(a) See S.I. 1952 I at p. 621: S.I. 1956/731, 1959/1310, 2205, 1961/61 (1956 I, p. 512; 1959 II, pp. 1996, 1998; 1961 I, p. 122).

existing provisions and the relevant Schedule establishes an equivalent office, any person who, immediately before the commencement of this Order, holds the former office shall, so far as is consistent with the provisions of this Order, be deemed to have been appointed as from the commencement of this Order to hold that office in accordance with the provisions of the relevant Schedule.

(3) (a) The Legislative Assembly of the Kingdom of Ankole, if not sooner dissolved, shall stand dissolved on 28th February 1963.

(b) The Legislative Assembly of the Kingdom of Bunyoro or the Kingdom or Toro shall stand dissolved on 9th October 1964 or such earlier date as may be prescribed by resolution of the National Assembly.

(4) (a) The persons who, immediately before the commencement of this Order, hold the office of member of the Ankole Appointments Board or the Toro Public Service Commission constituted by the existing provisions, shall be deemed to have been appointed, respectively, as members of the Public Service Commission of the Kingdom of Ankole or the Kingdom of Toro established by the relevant Schedule and shall hold office in accordance with the...

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