Uganda

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)

Section 4 states:

(1) Subject to clause (7) of article 15 of the Constitution, a person is not qualified for election as President unless that person is-

• (c) a person qualified to be a member of Parliament....

(4) a person is not qualified for election as a member of Parliament if that person

• (a) is of unsound mind.

 

Excerpt from the Presidential Elections Act (2005)

 

Article 23, clause 1 states:

No person shall be deprived of personal liberty except in any of the following cases—

• (d) for the purpose of preventing the spread of an infectious or contagious disease;…
• (f) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community…

 

Article 60, clause 8 states:

A member of the [Electoral] commission may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising out of physical or mental incapacity;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 80, clause 2 states:

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

• (a) is of unsound mind…

 

Article 84, clause 2 states:

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;
• (b) misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to the office; or
• (c) persistent deserting of the electorate without reasonable cause.

 

Article 107 states:

(1) The President may be removed from office in accordance with this article on any of the following grounds— …

• (c) physical or mental incapacity, namely that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity…

(7) For the purposes of the removal of the President on grounds of physical or mental incapacity under clause (1)(c) of this article, there shall be submitted to the Speaker a notice in writing signed by not less than one-third of all the members of Parliament—

• (a) stating that they intend to move a motion for a resolution in Parliament for the removal of the President from office on grounds of physical or mental incapacity; and
• (b) giving particulars of the alleged incapacity.

(8) The Speaker shall, within twenty-four hours after receipt of a notice under clause (7) of this article, cause a copy to be transmitted to the President and the Chief Justice.

(9) The Chief Justice shall, within seven days after receipt of the notice transmitted under clause (8) of this article and in consultation with the professional head of the medical services in Uganda, constitute a medical board comprising five qualified and eminent medical specialists to examine the President in respect of the alleged incapacity and to report its findings to Parliament.

(10) The Chief Justice shall, within twenty-four hours after constituting the medical board, inform the President accordingly, and the President shall submit himself or herself to the medical board for examination within seven days.

(11) If the medical board determines that the President is by reason of physical or mental incapacity unable to perform the functions of the office of President, and Parliament passes the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of Parliament, the President shall cease to hold office.

(12) If the medical board, after the expiration of the period of seven days referred to in clause (10) of this article, reports that the President has failed or refused to submit to the medical board in accordance with that clause, and Parliament passes the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of Parliament, the President shall cease to hold office.

(13) The motion for a resolution for the removal of the President shall be moved in Parliament within fourteen days after the receipt by the Speaker of the report of the tribunal or the medical board.

(14) The President is entitled to appear in person and be heard and to be assisted or represented by a lawyer or other expert or person of his or her choice during the proceedings of Parliament relating to the motion for a resolution under this article.

 

Article 109 states:

…(4) Whenever the President is for any reason unable to perform the functions of the office of President, the Vice President shall perform those functions until the President is able again to perform those functions.

(5) Where the President and the Vice President are both unable to perform the functions of the office of the President, the Speaker shall perform those functions until the President or the Vice President is able to perform those functions or until a new President assumes office…

 

Article 118 states:

(1) Parliament may, by resolution supported by more than half of all members of Parliament, pass a vote of censure against a Minister on any of the following grounds—

• (a) abuse of office or wilful violation of the oath of allegiance or oath of office;
• (b) misconduct or misbehaviour;
• (c) physical or mental incapacity, namely, that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity;
• (d) mismanagement; or
• (e) incompetence.

(2) Upon a vote of censure being passed against a Minister, the President shall, unless the Minister resigns his or her office, take appropriate action in the matter…

 

Article 121, clause 3 states:

A member appointed under clause (1)(b) of this article shall serve for a period of four years and shall cease to be a member of the committee— …

• (b) if removed by the President for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence.

 

Article 133, clause 2 states:

Where the office of the Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his or her office, then until a person has been appointed to and has assumed the functions of that office or until the Chief Justice has resumed the performance of those functions, those functions shall be performed by the Deputy Chief Justice.

 

Article 136, clause 2 states:

Where—

• (a) the office of the Deputy Chief Justice is vacant;
• (b) the Deputy Chief Justice is acting as Chief Justice; or
• (c) the Deputy Chief Justice is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of the office of the Deputy Chief Justice, those functions shall be performed by a justice of the Supreme Court or a justice of Appeal designated by the President, after consultation with the Chief Justice, or the acting Chief Justice, as the case may be.

 

Article 141, clause 2 states:

Where—

• (a) the office of Principal Judge is vacant; or
• (b) the Principal Judge is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office, or until the Principal Judge has resumed those functions, those functions shall be performed by a judge of the High Court designated by the President after consultation with the Chief Justice.

 

Article 142, clause 2 states:

Where—

• (a) the office of a justice of the Supreme Court or a justice of Appeal or a judge of the High Court is vacant;
• (b) a justice of the Supreme Court or a justice of Appeal or a judge of the High Court is for any reason unable to perform the functions of his or her office; or
• (c) the Chief Justice advises the Judicial Service Commission that the state of business in the Supreme Court, Court of Appeal or the High Court so requires, the President may, acting on the advice of the Judicial Service Commission, appoint a person qualified for appointment as a justice of the Supreme Court or a Justice of Appeal or a judge of the High Court to act as such a justice or judge even though that person has attained the age prescribed for retirement in respect of that office.

 

Article 144, clause 2 states:

A judicial officer may be removed from office only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence, but only in accordance with the provisions of this article.

 

Article 146, clause 7 states:

Subject to the provisions of this article, a member of the Judicial Service Commission shall vacate his or her office—

• (a) at the expiration of four years from the date of his or her appointment but is eligible for reappointment for one more term;
• (b) if he or she is elected or appointed to any office determined by Parliament to be likely to compromise the independence of the Judicial Service Commission; or
• (c) on being removed by the President; but the President may only remove a member for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence.

 

Article 161, clause 5 states:

The governor, the deputy governor or any other member of the board [of the Bank of Uganda] may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 163, clause 10 states:

The Auditor General may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 165, clause 8 states:

A member of the [Public Service] commission may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 167, clause 9 states:

A member of the [Education Service] commission may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 169, clause 9 states:

A member of the [Health Service] commission may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 185 states:

(1) The district chairperson or the speaker of a district council may be removed from office by the council by resolution supported by the votes of not less than two-thirds of all members of the council on any of the following grounds—

• (a) abuse of office;
• (b) misconduct or misbehaviour; or
• (c) such physical or mental incapacity as would render him or her incapable of performing the duties of his or her office.

(2) Parliament shall prescribe any other grounds and the procedure for the removal of a district chairperson or the speaker of a council under this article.

 

Article 187, clause 1 states:

The office of a member of a district executive committee shall become vacant if—

• (a) the appointment of that member is revoked by the district chairperson; or
• (b) that member—
  • (i) is elected as speaker of the district council;
  • (ii) resigns from office;
  • (iii) becomes disqualified to be a member of the district council;
  • (iv) is unable to perform his or her functions due to mental or physical incapacity or dies;
  • (v) is censured by the council; or
• (c) a new chairperson assumes office.

 

Article 198, clause 6 states:

A member of the district service commission may be removed from office by the executive committee of the district with the approval of the district council and after consultation with the Public Service Commission but may be removed only for—

• (a) inability to perform the functions of that office arising from physical or mental incapacity;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 224 states:

The Inspector General or a Deputy Inspector General may be removed from office by the President on the recommendation of a special tribunal constituted by Parliament only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misconduct, misbehaviour or conduct unbecoming of the holder of the office; or
• (c) incompetence.

 

Article 238, clause 5 states:

A member of the [Uganda Land] commission may be removed from office by the President only for—

• (a) inability to perform the functions of his or her office arising from infirmity of body or mind;
• (b) misbehaviour or misconduct; or
• (c) incompetence.

 

Article 257, clause 7 states:

Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder of the office is unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was able to perform those functions.

 

Excerpts from the Constitution of the Republic of Uganda (1995, amended 2005)