Parliament is set to table the Uganda People’s Defence Forces (UPDF) Amendment Bill, 2025 on Tuesday May 13. The Bill seeks to reintroduce the trial of civilians in military courts just months after the Supreme Court ruled the practice unconstitutional.
The bill will be presented on the floor of Parliament by the Minister of Defence and Veteran Affairs, Jacob Oboth Oboth.
In January 2025, the Supreme Court made a landmark ruling declaring that military courts lack the jurisdiction to try civilians. The court found that such trials violate the right to a fair hearing, enshrined in the Constitution, and ordered the immediate transfer of all civilian cases from the military to civilian courts. The decision was hailed by human rights groups as a victory for due process and judicial independence.
However, the UPDF Amendment Bill, 2025 aims to reverse this decision by providing exceptions under which civilians can again be prosecuted by military tribunals. According to the proposed legislation, civilians could face military trial for offenses such as unlawful possession of military weapons, espionage, and other acts deemed a direct threat to the operations or security of the UPDF.
The government argues that the Bill is necessary for national security and that some civilian offenses directly undermine the country’s military operations, making it appropriate for military courts to handle such matters. Officials claim that the proposed amendments will include safeguards to ensure that the rights of accused persons are protected, even in military proceedings.
But critics say the timing and content of the Bill suggest an attempt to undermine the authority of the Supreme Court and roll back hard-won civil liberties. Human rights organizations, including Amnesty International and Human Rights Watch, have raised alarm, warning that the amendment could be used to target government critics and suppress political dissent.
Opposition leaders are also wary. Past instances have seen figures like Dr. Kizza Besigye and other activists charged in military courts under questionable circumstances. Following the Supreme Court ruling, many of these cases were transferred to civilian courts, but the proposed Bill could potentially allow for their return to military jurisdiction.
Legal scholars and civil society groups have called on Parliament to reject the Bill, warning that it sets a dangerous precedent by circumventing the highest court’s ruling. They argue that any legal reform must prioritize respect for the Constitution and fundamental rights, particularly the right to a fair trial.
