The Trial of Civilians Before Courts Martial in Uganda: Analysing the Jurisprudence of Ugandan Courts in the Light of the Drafting History of Articles 129(1)(d) and 210(a) of the Constitution

Unlike in the constitutions of other African countries such as Botswana and Lesotho, where relationship between High Court courts martial is stipulated, Ugandan Constitution 1995 (the Constitution) does not deal with this relationship. The also silent on question whether have jurisdiction over civilians. Uganda Peoples' Defence Forces Act UPDF Act) creates different types varying jurisdictions (section 197). provides 119) for circumstance which General Martial has civilians appeals against decisions lie to Appeal Court, final appellate court except cases offender sentenced death or life imprisonment. According Regulation 20(2) (Court Court) Regulations, case an imprisonment his/her sentence upheld by he/she a right appeal Appeal. Since 2003, grappled issues are judicature within meaning article 129(1) organs and, therefore, part Executive under 210 Judges Supreme Constitutional often disagreed these issues. In author relies drafting history Articles 129 argue that erred holding 129(d) Constitution; subordinate Court. international human rights law should because they lack necessary independence impartiality were established single purpose enforcing military discipline.