Petition seeks end to military officers in civilian roles

The appointment of military serving officers into civilian roles has been challenged before the Constitutional Court in Kampala.

The petitioners led by the Makerere University law don, Prof Christopher Mbazira, in their petition filed on October 24, contend that the practice contravenes the Constitution.

“Section 37 (2) of the Uganda Peoples Defence Forces Act Cap. 330, which permits the attachment or secondment of officers and militants to any department or agency of government or a civilian body, violates and is inconsistent with articles 208 (2) and 209 (b) of the Constitution to the extent to which it unjustifiably expands and distorts the scope of cooperation between the defence forces and the civilian authority,” reads in part the petition.

The other petitioners are Dr Sylvia Namwase, Dr James Nkuubi, Mr Paul Waswa, Ms Carol Kay Achak, MP Anthony Odur and Mr Grace Mark Tusubira.

The Attorney General is the sole respondent.

The seven petitioners contend that President Museveni, riding on the aforementioned provision of the law, has been appointing several members of the armed forces into positions restricted to civilian authority, including the police, ministries and agencies.

Officers cited

They list the prominent appointments of military officers into civilian roles such as the current director of the Criminal Investigations Directorate, Maj Tom Magambo; the commissioner of Passport Control, Brig Johnson Namanya; the State Minister of Trade, Gen Wilson Mbadi; and Gen David Muhoozi as the State minister for Internal Affairs.

Also mentioned is Brig Gen Christopher Ddamulira Sserunjongi, the director of Crime Intelligence in the police force.

“These deployments of army officers into civilian roles erode and undermine the concept of subordination of the armed forces to civilian authority as envisioned under the Constitution,” the petitioners aver.

Adding: “Further, these deployments distort the character and make-up of the Ugandan state, which is civilian in orientation as opposed to a military state. It also disregards the country’s checked political history that has seen previous military governments that caused the highest level of political instability, misrule and wanton abuse of human rights.” 

Through their lawyers of JByamukama & Co. Advocates, the petitioners seek declarations that Section 37 (2) of the UPDF Act is inconsistent with Articles 208 (2) and 209 (b) of the Constitution, a declaration that the deployment of military officers and that officers of the UPDF to civilian roles should be done within the defined scope of emergencies and cases of natural disaster .