Referendum and Other Provisions Act, 2005

Section Short title Section This Act may be cited as the Referendum and Other Provisions Act, 2005.

Section Interpretation Section In this Act unless the context otherwise requires— “agent” means a person authorized by a side to represent the side in a referendum; “Commission” means the Electoral Commission established by article 60 of the Constitution; “currency point” has the meaning assigned to it in the First Schedule to this Act; “election officer” includes a returning officer, assistant returning officer, registration officer, assistant registration officer and any other officer appointed by or under the authority of the commission with responsibility for registration of voters, or for presiding over voting in any election or for counting votes at any election. “Minister” means the Minister responsible for public elections and referenda; “side” means the supporter of an affirmative answer to a question in a referendum or the supporter of a negative answer to a question in a referendum, as the case may be, and sides shall be taken to mean both the supporters of an affirmative answer and the supporters of a negative answer to a question in a referendum.

Section Persons entitled to vote at a referendum Section The persons entitled to vote at a referendum under this Act are— persons registered as voters for public elections by the date of voting in the referendum; or where the referendum is to take place only in a particular part of Uganda, persons registered as voters for public elections in that part of Uganda, by the date of voting in the referendum and who are present in that part of Uganda on that date.

Section Right of citizens to demand referenda Section A referendum shall be held under this section— if the petition is supported— The Commission shall cause a referendum to be held for the purposes of article 255 of the Constitution, either nationally or in any particular part of Uganda if a petition is made for the purpose under this section. if a petition is made in writing, in the case of a national referendum, by a registered voter and in the case of a referendum in a particular part of Uganda, by a voter registered in that part of Uganda; and in the case of a national referendum, by at least one tenth of the total registered voters from at least one third of the districts of Uganda; and in the case of a referendum in a particular part of Uganda, by at least one third of the total registered voters in that part of Uganda. A petition under this section shall be addressed to the Commission. The petition shall be signed by each registered voter supporting the petition and shall state the issue on which a referendum is requested and such other matters as may be prescribed by regulations made under section 31 . The Commission shall, on receiving a petition under this section, verif...

Section Canvassing for a referendum Section Subject to the Constitution and this Act, any person or group of persons is free to canvass for support of any side in a referendum and may form a referendum committee or a similar structure for the purpose. It shall be the duty of a referendum committee to organise the canvassing for its side, and to appoint agents for the purposes of canvassing and voting. A referendum committee shall be free to organise at national and local levels until the referendum is held. Subject to the Constitution and any other law, every person or group of persons shall enjoy freedom of expression and access to information in the exercise of the right to canvass in a referendum. The Commission shall issue guidelines for orderly canvassing which shall be complied with by every committee or agent while conducting canvassing for the referendum under this Act. Canvassing for a referendum shall cease twenty four hours before the date of polling in the referendum. Any person who contravenes subsection (6), commits an offence and is liable on conviction, to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both.

Section Prohibition of incitement to public disorder etc. Section A person shall not, while canvassing in a referendum, use any language which is defamatory or which constitutes incitement to public disorder, hatred, or violence. A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section Supply of copies of Bill for referendum under article 259 and processing of Bill for Presidential assent Section Where the result of a referendum held for approving a Bill has been declared under section 8 , the Commission shall, within seven days after the declaration of the result— Where a Bill is to be submitted to a referendum under article 259 of the Constitution, the Clerk to Parliament shall, within fourteen days after the Bill has been passed by Parliament, forward to the Commission, a copy of the Bill as passed and cause the Bill to be published in the Gazette and also in the media. The Clerk to Parliament shall, in the case of a Bill to be forwarded to the Commission under subsection (1), in addition to the statement issued by him or her under section 8 of the Acts of Parliament Act, certify in the prescribed form that the Bill has been supported at the Second and Third Readings in Parliament by not less than two-thirds of all members of Parliament. Notwithstanding subsection (2) of section 3 , the question for the approval of a Bill referred to a decision of the people by referendum under article 259(1)(b) of the Constitution shall be in the form specified in the...

Section Referendum generally Section Referenda shall be held in the following circumstances— if a demand is made by citizens of Uganda under article 255 of the Constitution and the provisions of section 11 of this Act are complied with; if a request is made for the holding of a referendum under paragraph (a), (b), or (c) of clause (1) of article 74 of the Constitution and the provisions of section 15 of this Act are complied with; and if a referendum is required for amending the Constitution under article 259 of the Constitution. Where a referendum is to be held under this section, the Commission shall, in consultation with the sides in the referendum, frame the question to be used in the referendum. Any question submitted to a referendum under this section shall be framed so as to enable the voters to make a choice. In a referendum the voting may be on one question or a series of questions. For the avoidance of doubt, two or more referenda may be held on the same day.

Section Electoral commission to be responsible for referenda Section For the avoidance of doubt, the Commission shall organise, conduct and supervise all referenda held under this Act. The Commission shall, by notice published in the Gazette , notify the date for a referendum to be held under this Act and shall state in the notice the issue in respect of which the referendum is to be held. The Commission shall provide for the referendum to be held everywhere on the same day in the whole of Uganda or as the case may be, in the whole of the part of Uganda where the referendum is intended to be held, unless it is impracticable so to do; and in that case referendum may be held on different dates in different places as is practicable. Where the referendum is to take place in a particular part of Uganda the notice issued under subsection (2) shall specify clearly the boundaries of that part. The Commission shall, at least two months before a referendum, formulate and implement civic education programmes relating to the referendum.

Section Voting at a referendum Section The presiding officer and the sides contesting in the referendum or their agents, if any, shall sign and retain a copy of a declaration stating— The following shall apply in respect of the signing of the declaration and the announcement of results of voting under subsection (7)— where any of the sides or their agents refuse or fail to sign the declaration form— Before polling begins in a referendum, the presiding officer at each polling station shall open each ballot box to be used at that polling station and show it to the voters present as being empty and shall give the voters present reasonable opportunity to inspect the ballot box. The Commission shall, in consultation with the sides, select symbols which shall be used on the ballot paper in a referendum to facilitate the exercise of a choice by voters. The symbols agreed upon shall be published in the Gazette . At a referendum, voting shall, subject to the provisions of the Constitution, be by secret ballot using one ballot box at each polling station for all sides in the referendum. Immediately after the close of the poll, the presiding officer shall proceed to count at the polling stati...

Section Majority of votes required in a referendum Section Subject to the provisions of the Constitution and this Act, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum.

Section Where no side obtains required majority Section Where in any referendum no side obtains the majority referred to in section 6 , the position prevailing before the referendum and in respect to which a decision by way of referendum was sought, shall remain.

Section Publication of results of a referendum Section The Commission shall ascertain, publish and declare in writing in the prescribed form, under its seal, the results of a referendum within forty eight hours from the close of final polling in the referendum. The Commission shall publish the results of the referendum in the media and shall, within fourteen days after publication of the results under subsection (1), cause them to be published in the Gazette . For all purposes of the referendum, the results published in the Gazette shall be taken to be the official results of the referendum.

Section Application of other electoral laws Section This Act shall be read as one with the Electoral Commission Act. The provisions of the Parliamentary Elections Act, 2001 relating to voting, counting and tallying of votes and announcing of results of elections shall, subject to this Act, apply to a referendum held under this Act, with such modifications as may be necessary. The Commission may also apply to a referendum held under this Act such other provisions of the Parliamentary Elections Act, 2001 as may be relevant and subject to such modifications as may be necessary.

Section Referenda for change in political system under article 74 (1) of the Constitution Section The Commission, upon receipt of a resolution under subsection (2) in respect of a request for the holding of a referendum under paragraph (b) of clause (1) of article 74 of the Constitution, shall verify the matter and shall certify whether or not the resolution was duly passed; and upon receipt of the required number of duly passed resolutions in accordance with paragraph (b) of clause (1) of article 74 of the Constitution in support of the request, certify in the prescribed form— The Commission shall, within thirty days after— Where a resolution has been passed by Parliament in accordance with paragraph (a) of clause (1) of article 74 of the Constitution, the Clerk to Parliament shall, within seven days after the passing of the resolution, forward to the Commission a copy of the resolution certified by him or her in the prescribed form to have been supported by more than one half of all the members of Parliament. The Speaker of each district council which passes a resolution under paragraph (b) of clause (1) of article 74 of the Constitution in support of a request for the holding of...

Section Change of political system by representatives of the people in Parliament and district councils under article 74 (2) of the Constitution Section A Speaker of a district council who— A petition to Parliament under article 74 (2) of the Constitution may be proposed by any registered voter or group of registered voters or by a district council. A petition to Parliament for a resolution for a change of the political system under article 74 (2) of the Constitution shall not be valid unless it is supported by not less than two thirds majority of the total membership of each of at least half of all district councils. The support of members of a district council for a petition referred to in subsection (2) shall be expressed by a resolution by the district council supporting the petition. Where a resolution referred to in subsection (3) is passed by a district council it shall be forwarded by the Speaker of the district council to the Commission together with a certificate by the Speaker in the prescribed form, stating the total membership of the district council, the number of members who voted in support of the petition and the number of members who voted against the petition. Up...

Section Time for resolutions or petitions for changing of political systems under article 74 of the Constitution Section The resolutions or petitions for the purpose of changing the political system under article 74 of the Constitution shall be taken only in the fourth year of the term of any Parliament.

Section Subsequent elections to be held under adopted system Section Where the result of a referendum held under this Act, or a resolution of Parliament passed in accordance with clause (2) of article 74 of the Constitution, determines that a change shall be made in the existing political system, then, subject to the Constitution subsequent Presidential, Parliamentary, local government and other public elections shall be held under the new political system adopted. This section does not apply to a by-election held before the expiration of the term of Parliament under article 77 of the Constitution. Where a change of political system has been effected under article 74 of the Constitution, any enactment relating to elections shall have effect with such modifications as may be necessary to give effect to the change in accordance with this section. The Minister may, with the prior approval of Parliament, make such regulations as may be necessary for ensuring a smooth transition from the previous political system to the newly adopted political system.

Section Parliament to approve other political systems before acceptance in referendum Section No political system shall be accepted as any other democratic and representative political system under clause (1) (c) of article 69 of the Constitution for the purposes of a referendum under clause (1) of article 74 of the Constitution or for the purposes of a resolution of Parliament under clause (2) of article 74 of the Constitution unless it has been approved by Parliament under the Other Political Systems Act.

Section Ratification of Bills by district councils under article 260 Section Any election officer who in carrying out any duty of recording the votes of a district council under this section— Where a Bill to which article 260 of the Constitution applies has been passed by Parliament in accordance with paragraph (a) of clause (1) of article 260 of the Constitution, the Clerk to Parliament shall, within fourteen days after the Bill is passed, forward to the Commission a copy of the Bill as passed. The Clerk shall, under subsection (1) certify, in addition to the statement issued by him or her under section 8 of the Acts of Parliament Act in the prescribed form, that the Bill has been supported at Second and Third Readings in Parliament by not less than two thirds of all members of Parliament. Upon receipt of the Bill forwarded under subsections (1) and (2), the Commission shall cause copies of the Bill to be made and forwarded to each district council in Uganda for ratification. The Commission shall be responsible for ensuring that the ratification of a Bill by district councils under this section is carried out at duly convened meetings of the councils. For the purposes of subsectio...

Section Agents of sides Section In case of any referendum, each side shall, within such time as the Commission may determine, identify its agents for every polling station for the purposes of clause (4) of article 68 of the Constitution.

Section Equal treatment to all sides Section During the period of canvassing in respect of a referendum, every public officer, public authority and public institution shall give equal treatment to all agents of the sides contesting in a referendum.

Section Rights and duties of agents etc Section A person shall not, during canvassing, do any of the following acts against another side or their agent — A person who contravenes any of the provisions of subsections (2), (3), (5) and (6) commits an offence and is liable on conviction— Agents of each side shall be given equal access and opportunity to use State-owned communication media. Subject to any other law, while canvassing, any agent may, either alone or in common with others, publish canvassing materials in the form of books, booklets, pamphlets, leaflets, magazines, newspapers or posters intended to solicit votes from voters but shall, in any such publication, specify particulars to identify the side concerned. A side shall not, during canvassing, print, publish or distribute, a newspaper, circular or pamphlet containing an article, report, letter or other matter commenting on any issue relating to the referendum, unless the author’s name and address, or the authors’ names and addresses, as the case may be, are set out at the end of the article, report, letter or other matter or, where part only of the article, report, letter or matter appears in any issue of a newspaper, c...

Section Challenging results of referenda Section For the avoidance of doubt, a referendum may be annulled under subsection (9) if the petitioner proves to the satisfaction of the Court that— After due inquiry under this section the High Court may— Any registered voter supported by the signatures of not less than two percent of the total number of registered voters in Uganda may petition the High Court challenging the results of a referendum. Where the referendum is in respect of a particular part of Uganda, the petition shall be by a voter registered in that part supported by the signatures of not less than two percent of the total number of registered voters from that part of Uganda. For the avoidance of doubt, it shall be sufficient for the purposes of subsections (1) and (2), if the Commission ascertains whether the names of the persons who purport to have signed the petition appear on the national voters register for the purpose of the referendum. The Commission shall, notwithstanding sub section (3), display the petition with the list of the names and signatures supporting the petition, in a public place in each polling station to which the referendum relates, for public scrut...

Section Witness in petition Section At the hearing of a petition under this Part— A witness who, in the course of the trial of a petition— any witness shall be summoned and sworn in the same manner as a witness may be summoned and sworn in civil proceedings; the court may summon and examine any person who, in the opinion of the court, is likely to assist the court to arrive at an appropriate decision; any person summoned by the court under paragraph (b) may be cross-examined by the parties to the petition if they so wish. knowingly makes a statement of fact material to the proceedings which is false; or makes a statement in respect of which he or she is reckless;

Section Withdrawal of petitions Section A petition under this Part may be withdrawn after giving written notice to the court and to the other parties to the suit. If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent.

Section Appeals Section A person aggrieved by the decision of the High Court on hearing a petition under section 24 , may appeal to the Court of Appeal against the decision, within fourteen days after the decision of the High Court. The Court of Appeal shall proceed to hear and determine an appeal under this section expeditiously and may, for that purpose, suspend any other matter pending before the Court. Unless the Court of Appeal extends the time on exceptional grounds, the hearing of an appeal by the court shall be completed within thirty days from the lodging of the record of appeal. A person aggrieved by a decision of the Court of Appeal under this section may appeal to the Supreme Court against the decision within fourteen days after the decision. Subsections (2) and (3) apply to the Supreme Court as they apply to the Court of Appeal.

Section Prohibition of ethnic or religious symbols etc Section A person shall not, for canvassing in respect of a referendum, use any words, slogans or symbols which could arouse division on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion or other similar division. Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

Section Expenses of referenda Section The expenses incurred by the Commission in the holding of any referendum under this Act shall be paid out of monies voted by Parliament. The Commission shall give equal facilitation to all sides for the purposes of a referendum, out of monies approved by Parliament.

Section Use of public resources Section Except as authorised by section 29 or any other law, no person shall use public resources for the purpose of canvassing for any side in a referendum.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations may be made under that subsection— The Minister may, by statutory instrument, make such regulations as may be necessary for carrying into effect the provisions of this Act. prescribing forms to be used for the purposes of this Act; to ensure the secrecy of the voting; applying with or without modifications, the provisions of any enactment relating to elections, including any provisions relating to election offences; regulating the manner of canvassing for votes; regulating the financing of the sides in a referendum including restricting or prohibiting the funding of any side in a referendum from foreign sources; without prejudice to the penalties prescribed in the Parliamentary Elections Act, 2001, prescribing penalties not exceeding a fine of forty eight currency points or imprisonment for two years or both, in respect of any contravention of the regulations. Regulations under this section may be made to apply either generally or to any particular referendum. Regulations made under this section shall within fourteen days be laid before Parliament. For avoidance of doubt, nothing in t...

Section Power of Minister to amend First Schedule Section The Minister may, by statutory instrument, amend the First Schedule to this Act.

Section Repeal of Cap 142A Section The Referendum Act is repealed.