The parliamentary Legal Committee has proposed that “The age prescribed in Article 102 be reduced from 35 years to 18 years and for the upper age restriction to be removed”, in it’s report that is going to be read on the floor of parliament on Monday.
According to the full report, that we have a copy of here at the Grapevine, the Jacob Oboth Oboth led committee, proposes amendments on the following articles in the constitution:
CLAUSE 1 OF THE BILL
Clause I of the Bill seeks to amend Article 61 of the Constitution by substituting for clause (2) the following:
“(2) The Electoral Commission shall hold Presidential, General Parliamentary and
Local Government Council elections within the first thirty days of the last one hundred and twenty days before the expiration of the term of the office of the President.”
CURRENT CONSTITUTIONAL PROVISION
Currently, Article 61 (2) of the Constitution reads as follows:
“(2) The Electoral Commission shall hold presidential, general parliamentary and local government council elections within the first thirty days of the last ninety days before the expiration of the term of the office of the President.”
EFFECT OF THE PROPOSED AMENDMENT
The proposal has the following effects-
(o) It obligates the electoral commission to hold presidential, general and local government council elections within the first 30 days of the last 120 days before the expiry of the term of the President instead of the current provision which requires similar elections to be held within the first 30 days of the last 90 days before the term ends.
(b) It requires elections to be held within the first 30 days of the last 120 days, thereby moving the election calendar from February to January or earlier.
(c) It expands the time within which presidential, local government and general parliamentary elections are held from the last 90 days to the last 120 days.
RECOMMENDATION
The committee recommends that:
(a) The relatedness of clause (1) and (3) be taken into account in determining the timelines proposed in those clauses.
(b) In determining when Presidential, general parliamentary and local council elections are held, regard should be had to the timelines prescribed in Article 103 and 104 of the Constitution and adequate time is provided in order for the processes provided for in those articles to be complied with before expiry of the term of the President.
(c) Presidential, general parliamentary and local council elections are held within the first 30 days of the last 169 days before the expiry of the term of office of the President.
(d) The determinant of when Presidential, General Parliamentary and Local Government Council elections are held is the term of Parliament rather than the Presidential term which is prone to change.
CLAUSE 2 OF THE BILL
Clause 2 of the Bill seeks to amend Article 102 of the Constitution by deleting paragraph (b) as follows:-
“Article 102 of the Constitution is amended by repealing paragraph (b)”
CURRENT PROVISION
Currently, Article 102 reads as follows:
“102. Qualifications of the President
A person is not qualified for election as President unless that person is:
(a) a citizen of Uganda by birth;
(b) not less than thirty-five years and not more than seventy-five years of age; and
(c) a person qualified to be a member of Parliament”
EFFECT OF THE PROPOSED AMENDMENT
The proposed amendment has the following effects-
(a) It removes age restricliotts on o person intending to stand .for the ffice of the
President of’the Republic of Uganda
(b) lt removes both the lower and upper age restrictions on a person intending to stand
as a candidate in a presidential election.
(c) It allows any person, irrespective of age, to stand as a candidate in a presidential
election.
RECOMMENDATION
The committee recommends that:
(1) The age prescribed in Article 102 be reduced from 35 years to 18 years and for the upper age restriction to be removed.
(2) Article 102 is redrafted to specifically prescribe the qualifications for a person to stand for president. These should include him or her being:
(a) a citizen of Uganda ;
(b) a registered voter;
(c) a resident in Uganda at the time of submission of his or her candidacy and
(c) having completed a minimum formal education of Advanced level standard or its equivalent.
(3) Article 102 is renumbered and a new clause is inserted prescribing matters that would bar a person from qualifying as president. These should include-
(a) being of unsound mind;
(b) Holding or acting in an office the functions of which involve a Responsibility for or in connection with the conduct of an election;
(c) Being a traditional or cultural leader as defined in article 246(6) of the Constitution;
(d) has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged; or
(e) being under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without the option of a fine.
Below is the summary of the report:


Don’t miss the minority report from those who are against the amendment…..
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