Uganda

The Parliamentary Elections Act (2005)

Updated: June 2015

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Section 4, subsection 2 states:

A person is not qualified for election as a member of Parliament if that person—

  • (a) is of unsound mind…

 

Section 37 states:

(1) Where a voter is by reason of blindness, illiteracy, old age or any other disability unable to fix the authorized mark of choice on the ballot paper, that voter may report at the polling station accompanied by a person of his or her choice to assist the voter to fix the authorized mark of choice on the ballot paper if necessary, on the voter’s behalf; or the voter may, subject to sub section (4), request another person present at the polling station to assist that voter for the purpose…

(3) A presiding officer shall refuse to allow a person to assist a voter to vote unless that officer is satisfied that it is permitted under subsection (1).

 

Section 85 states:

(3) A member of Parliament may be recalled from that office on any of the following grounds--…

  • (a) physical or mental incapacity rendering that member incapable of performing the functions of the office…

(9) Where it is alleged in a petition submitted under subsection (4) that a member of Parliament be recalled on grounds of permanent physical or mental incapacity rendering that member incapable of performing the functions of the office of member of Parliament, the Speaker shall request the head of the medical services of Uganda to appoint a medical board to examine the member of Parliament with a view to establishing the state of health of that member of Parliament and shall immediately notify the Commission of the appointment.

(10) The member of Parliament shall be informed by the Commission of the appointment of the medical board within seven days after being notified of the appointment.

(11) If the medical board determines that the member of Parliament in question is unfit for the work of Parliament on the ground specified in subsection (9), that member shall cease to be member of Parliament and the Clerk to Parliament shall notify the Commission of the vacancy under article 81(2) of the Constitution.

(12) The medical board shall report its findings to the Commission with a copy to the Speaker.

(13) Where the Commission reports to the Speaker that the member of Parliament has refused or failed to submit himself or herself to be examined by the medical board, the member of Parliament shall be suspended from proceedings of Parliament for three months from the date the Commission’s report is communicated to the Speaker.

(14) If the Commission further reports to the Speaker that the member in question has refused or failed to submit himself or herself for examination by the medical board within the period of three months referred to in subsection (13), the member of Parliament shall cease to be a member of Parliament upon the date of the report of the Commission and the Clerk to Parliament shall notify the Commission of the vacancy under article 81(2) of the Constitution.

 

Section 95, subsection 1 states:

When a member of Parliament—

  • (a) is adjudged or declared to be of unsound mind… the seat of that member shall not become vacant until the expiry of the time within which an appeal may be lodged and where an appeal is lodged, until the appeal is fully disposed of or withdrawn.

 

Excerpts from the Parliamentary Elections Act (2005)

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Section 7, subsection 3 states:

A person who has undertaken under section 37 to assist a blind, illiterate, or other voter with disability to vote, shall not communicate at any time to another person information as to the candidate for whom the assisted voter intends to vote or has voted, or as to the number, if any, on the ballot paper given for the use of that voter.

 

Section 8 states:

(2) There shall be the following representatives of special interest groups in Parliament of the purposes of article 78(1)(c) of the Constitution--…

  • (d) for persons with disabilities, there shall be five representatives, at least one of whom shall be a woman…

(4) The following provisions shall apply to district women representatives and special interest groups referred to in subsection (2)---(e) the representatives of persons with disabilities shall be elected by an electoral college of representatives of such persons from each district in a manner prescribed by regulations made by the Minister under section 100.

 

Section 29, subsection 1 states:

Every polling station shall, as far as possible be located in an open ground or where there is no open ground, in large premises of convenient access having an outside door for the admittance of voters, and, if possible, another door through which voters may leave after voting and the polling station shall, as far as possible, be such as to facilitate access by persons with disabilities and the aged.

 

Section 30, subsection 7 states:

Where for the purposes of subsection (5)(d)

  • (a) the voter has no thumb on the right hand, the process specified in that paragraph shall be applied to the finger nearest to the position of the thumb on the voter’s right hand;
  • (b) the voter has no right hand, the process shall be applied to the left hand;
  • (c) a voter has no fingers on the left or right hand, the voter may dip the tip of any hand into the indelible ink; or
  • (d) the voter has no hands, the process shall be applied to any other conspicuous part of the voter’s body as a polling assistant may determine.

 

Section 33, subsection 2 states:

The presiding officer may allow expectant mothers, old or sickly voters or voters with disabilities and persons required for essential duties to vote without waiting in the line of voters.

 

Section 37 states:

(1) Where a voter is by reason of blindness, illiteracy, old age or any other disability unable to fix the authorized mark of choice on the ballot paper, that voter may report at the polling station accompanied by a person of his or her choice to assist the voter to fix the authorized mark of choice on the ballot paper if necessary, on the voter’s behalf; or the voter may, subject to sub section (4), request another person present at the polling station to assist that voter for the purpose.

(2) It shall be lawful for any member of the voter’s family to assist a voter under subsection (1) notwithstanding the fact that the former is below the age of eighteen years.

(3) A presiding officer shall refuse to allow a person to assist a voter to vote unless that officer is satisfied that it is permitted under subsection (1).

(4) An election officer, a candidate’s agent or an observer at any polling station is not permitted to assist any voter with disability under subsection (1).

(5) A person who is not authorized to assist any voter to mark the ballot paper under subsection (1) unless the voter has voluntarily requested the assistance

 

Section 38, subsection 1 states:

The Commission may make special provision for the taking of the votes of patients in hospitals, or persons admitted in sanatoria or homes for the aged and similar institutions and also for persons in restricted areas such as soldier and other security personnel, but the Commission shall publish in the Gazette a list of the restricted areas under this section.

 

Section 78 states:

An election officer, or other person having any duty to perform in relation to an election who--…

  • (b) permits any person whom he or she knows or has reasonable cause to believe not to be a person with a disability under subsection (1) of section 37 to vote in the manner provided for such persons under that subsection;
  • (c) refuses to permit any person whom he or she knows or has reasonable cause to believe not to be a person with a disability under subsection (1) of section 37 to vote in the manner provided for such persons under that subsection…commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.

 

Excerpts from the Parliamentary Elections Act (2005)

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Section 4, subsection 2 states:

A person is not qualified for election as a member of Parliament if that person—

  • (a) is of unsound mind…

 

Section 85 states:

(3) A member of Parliament may be recalled from that office on any of the following grounds--…

  • (a) physical or mental incapacity rendering that member incapable of performing the functions of the office…

(9) Where it is alleged in a petition submitted under subsection (4) that a member of Parliament be recalled on grounds of permanent physical or mental incapacity rendering that member incapable of performing the functions of the office of member of Parliament, the Speaker shall request the head of the medical services of Uganda to appoint a medical board to examine the member of Parliament with a view to establishing the state of health of that member of Parliament and shall immediately notify the Commission of the appointment.

(10) The member of Parliament shall be informed by the Commission of the appointment of the medical board within seven days after being notified of the appointment.

(11) If the medical board determines that the member of Parliament in question is unfit for the work of Parliament on the ground specified in subsection (9), that member shall cease to be member of Parliament and the Clerk to Parliament shall notify the Commission of the vacancy under article 81(2) of the Constitution.

(12) The medical board shall report its findings to the Commission with a copy to the Speaker.

(13) Where the Commission reports to the Speaker that the member of Parliament has refused or failed to submit himself or herself to be examined by the medical board, the member of Parliament shall be suspended from proceedings of Parliament for three months from the date the Commission’s report is communicated to the Speaker.

(14) If the Commission further reports to the Speaker that the member in question has refused or failed to submit himself or herself for examination by the medical board within the period of three months referred to in subsection (13), the member of Parliament shall cease to be a member of Parliament upon the date of the report of the Commission and the Clerk to Parliament shall notify the Commission of the vacancy under article 81(2) of the Constitution.

 

Section 95, subsection 1 states:

When a member of Parliament—

  • (a) is adjudged or declared to be of unsound mind… the seat of that member shall not become vacant until the expiry of the time within which an appeal may be lodged and where an appeal is lodged, until the appeal is fully disposed of or withdrawn.

 

Excerpts from the Parliamentary Elections Act (2005)