Public participation in the law-making process in Uganda and the enactment of the Uganda peoples’ Defence forces (amendment) act (2025)

Abstract

The Constitution of Uganda does not expressly provide for citizens’ right to participate in law-making processes. However, it can be inferred from the National Objectives and Directive Principles of State Policy and Article 38(1) of the Constitution. The drafting history of Article 38 shows that Ugandans are expected to participate in all affairs of government. In Male Mabirizi and Others v Attorney-General and Others, Supreme Court judges invoked foreign case law to interpret Article 38 as requiring meaningful public participation in the law-making process; however, in Hon. Fox Odoi and Others v Attorney-General and Others, it was held that those criteria were not applicable. I argue that the Constitutional Court erred in this, and that the process followed to pass the Uganda Peoples’ Defence Forces (Amendment) Act (2025) did not meet the criteria of meaningful participation. It was also contrary to the practice adopted by Parliament in processing other bills.