The republic of uganda in the supreme court of uganda at kampala

(7) In this section “urban area” means a town, municipality or the city of Kampala.”

The provisions of section 41 of the Act clearly impose on the Police the responsibility of maintenance of law order at polling stations. This, no doubt, is in addition to its normal duty of maintenance of internal security, peace, law and order throughout the Country continuously during a Presidential Election like at all other times.

This in my view is consistent with the functions of the Police as stated in article 212(b) of the Constitution. The Act was enacted five years after the Constitution came into force. If Parliament thought that in situations provided for in sub-sections (1) and (2) of section 41 of the Act, when necessity to maintain order arises, and there is no Police Officer, then the Presiding Officer should appoint a UPDF soldier not a civilian person, as an alternative Parliament would have said so if it so intended.

In sub-sections (1), (2) of the Act, Parliament would have provided that a UPDF soldier, not a civilian, should be appointed to maintain order if no Police Officer is available.

The answer to inadequacy of Police personnel is therefore, provided for in section 41 of the Act by authorizing Presiding Officers to appoint civilians to act as Election Constables, where Police Officers are not available. An elaborate procedure for doing so is specified under the section. In view of this law, the claim that it was necessary to deploy the UPDF to augment the police does not, in my considered opinion, with respect, hold water.

The Constitution clearly spells out the functions of the UPDF. Internal policing or maintenance of law and order is not one of them, except in emergency situations and in cases of natural disasters under article 209(b) of the Constitution. Article 209(a), (c) and (d) do not, in my view, permit internal maintenance of peace, security law and order by the UPDF. In the instant case, my considered opinion, with respect, is that the UPDF had no business in the electoral process and should only have been deployed if there were emergency situations or cases of natural disasters at the same time, which there were not. There is no evidence that such situations existed when the UPDF was deployed. Maj. General Odong said that there were reports of increase of election related crimes, but he did not say that there were emergency situations or cases of natural disasters. If such situations existed, I am certain that he would have said so. With regard to the argument that because on previous occasions, the UPDF was deployed, so it was in order to do so again this time, my considered opinion is that two or more wrongs do not make a right. I do not know why the UPDF was deployed on the previous occasions to which the Maj. Gen. Odong and I.G. of Police, Kisembo, referred, but I think that what is important is that the Constitution should be obeyed by every person and authority in this country. Such is the clear meaning of article 2 of the Constitution.

To summarise, my considered opinion is that deployment of the UPDF should only have been done according to law. This view is strengthened by the provisions of article 201(a) which states: