LEGAL METHOD

COURSE CODE: LLB1201

LECTURE NOTES ON LEGAL METHOD

BY
MS MUHAMMAD KHADIJAH ABDULHAMEED
Development of Legislative Activities in Uganda:

• History of how legislative activities started in Uganda prior and post-

colonial period
• The establishment of various legislative bodies and the succinct
analysis of the first parliament to date.
History of how legislative activities started in Uganda
prior and post-colonial period

The pre-colonial history indicates that most traditional societies which make up
the current Uganda were well organized in either centralized or decentralized
forms of governance. There were four main kingdoms (Buganda, Bunyoro, Toro
and Busoga) and a plethora of chiefdoms which provided the leadership
concerned with making major decision making. A council of elders in most of the
societies was primarily responsible for either advising the king, or making
decisions in some chiefdoms for the well-being of the societies they led, for
example Buganda had native chiefs (Omwami/​Omutongole) that assisted the King
(Kabaka) in the administration of the kingdom.
However, the history of formal legislation can be traced as far back as the turn of the century,
when in 1888 the then Imperial British East African Company run Uganda like a company.
In so doing, the company acted as the agent and for the benefit of the British Crown.
Following the abolition of slave trade, there was a need to have Africans engage in economic
activities to feed the British industries. The Imperial British East African Company was
responsible for implementation of policies passed by the British Crown, monitoring the
progress in Uganda and to report on the state of affairs in the protectorate. The first traces of
legislation were manifested in the various pieces of regulations passed by the company.
In 1902, an Order-in-Council was passed and under this ordinance, new provisions for the
administration of Uganda were made. Orders in Council are issued “by and with the advice of
Her Majesty’s Privy Council”, where an ordinary Statutory Instrument would be
inappropriate. The 1902 Orders in Council was therefore the first colonial constitution that
was used to govern Uganda by the British. Article 12 of the Ordinance empowered the
Commissioner, who was the then head of the protectorate (Uganda), to make ordinances
(laws) for the administration of justice, raising of revenues and generally for the peace, order
and good government for all persons in Uganda. He therefore became the Executive Officer
and lawmaker.
 However, in 1920, an order – in – council was proclaimed establishing the executive and
legislative council bodies, and providing for their membership. The body was to be called the
Legislative Council, commonly known as the LEGCO. It was empowered to enact laws and
regulations for the administration of justice, law and good governance.

The LEGCO was composed of seven (7) Europeans who included: the Governor, Sir Robert
Coryndon who was the President of the Council; the other official members were the Chief
Secretary, Mr. E.B. Jarvis; the Acting Attorney General, Mr. A.B. Howes; the Treasurer, Mr. A.E.
Boory; and the Principal Medical Officer, Dr C.A. Wiggins. There were also two unofficial
members who were supposed to vote automatically on the side of the colonial government to
counterbalance the unofficial African members who came in later.
The Council held its first meeting on 23rd March, 1921, in the High Court Chambers, then at

Entebbe.

Until the 26th May, 1926 when the first Asian, Mr. Chrunabai Jekabhai Amin was sworn in

as an unofficial member, membership to the legislative council was reserved for Europeans.

By the end of the year 1945, the council was composed of Europeans, the Asians and

Africans. On October 23rd 1945, the Governor, Sir John Hall, announced that the Secretary

of State for the Colonies had approved a scheme for the nomination of three African

Members to the Legislative council, representing Buganda, Eastern and Western Provinces.
Subsequently, on the 4th December 1945, the first Africans (that were considered men of
stature and authority joined the LEGCO and were sworn in. They were the Katikkiro of
Buganda; Michael Earnest Kawalya Kaggwa, Omuhikirwa /Katikkiro of Bunyoro; Petero
Nyangabyaki and the Omughandisi we’nkalakalila (Secretary General) of Busoga; Yekonia
Zirabamuzaale.

Three years later, the Northern Province was reconstituted and allowed its own
representative in the House. This meant that, there were now four Africans; three Europeans
and three Asians on the unofficial benches. By 1955, the membership of the council had
increased to 60 and its meetings were held at the Kampala City Council Chambers.
In the late 1950s, precisely on Wednesday the 4th February 1959, demand for self-
governance in the protectorate as a whole was made, and that led to the
constitution of a Constitutional Committee on self-government for Uganda which
was set up by the British Colonial Governor Sir Frederick Crawford KCMG OBE.
The committee was chaired by John Vernon Wild OBE and since been known as
the Wild Committee. The committee was composed of 11 Africans, three
Europeans (inclusive of the Chairman) and two Asians.
 The strict terms of reference for the committee were “to consider and to
recommend to the Governor the form of direct elections on a common roll for
representative members of the Legislative Council to be introduced in 1961, the
numbers of representative seats to be filled under the above system, their
allocation among the different areas of the Protectorate and the method of
ensuring that there will be adequate representation on the Legislative Council for
non-Africans.”
 The report of the committee was sent to the Governor on Saturday 5 th December
1959.

The committee also promised a supplementary report, recommending constituency

boundaries once the population figures by counties and sub counties were available.

The recommendation of the Wild Committee was that: direct elections should be held
in all parts of Uganda, and no option should be offered to hold indirect elections.
Another key recommendation was that all members of the LEGCO should be elected
on a common role. Though, prior to this happening, the colonial Governor used to
nominate members.
Limitation of LEGCO Powers

Although, the LEGCO operated as a parliament of some sort, been the first national legislature in
Uganda, but it had no real powers of government since such powers were effectively in the hands
of Her Majesty’s Government in the UK. The powers of the LEGCO were limited in that:

The British Government had power to disallow any Ordinances passed by the LEGCO;

No ordinances passed by the LEGCO could conflict with the Buganda Agreement;

All Ordinances passed by the LEGCO required the assent of the British Colonial Governor in
Uganda;

The LEGCO did not have any power to rule on constitutional matters, defence policy and foreign
affairs; as these were all matters reserved for the British Government.
1n 1960, the process of registering voters started when Uganda had constituencies
demarcated for the first time.

On Wednesday the 1st of March, 1961, the first direct elections to the LEGCO were
held in Uganda under the procedures recommended by the Wild Committee. The New
Council, then, met for the first time on the 17th April, with Sir John Bowes Griffin as
the first Speaker. Earlier, on the 15th September, 1960, the Governor Sir Fredrick
Crawford had issued a Proclamation to the effect that from the 19th September, 1960,
all LEGCO meetings would be held in the present Parliamentary Buildings.
As a result, there was another general election in 1962, and the Uganda People Congress (UPC)
led by Apollo Milton Obote won with 37 seats as against 24 for the Democratic Party (DP)
excluding Buganda. Buganda region had opted for indirect election, hence its Lukiiko
nominated 21 representatives to the National Assembly. The Buganda representatives struck an
alliance with the UPC known as UPC/​KY Alliance which gave it the necessary strength to form
a coalition government with Milton Obote as the Prime Minister and DP led by Ben Kiwanuka
in opposition.

Following the attainment of independence on the 9 th day of October 1962, led by the
government elected on Wednesday 25th April, 1962, the Legislative Council (LEGCO) was
The First Session of the First Parliament of Uganda was held on Wednesday
10th October 1962, the following day after independence. Under the Independence
Constitution of 1962, the First Parliament of Uganda was partly elected and partly
nominated. The Buganda representatives were to continue to be indirectly elected
by the Lukiiko.

Sir John Bowes Griffin, a British lawyer, became the first Speaker of the first
Parliament and occupied this position from 1962 – 1963 before handing over to
Narendra M. Patel in May 1963.
The establishment of various legislative bodies and
the succinct analysis of the first parliament to date.
• The Parliament of Uganda is the Country’s Legislative Body and the Lawmaker of the Land. Its

supremacy is vastly rooted in the commonwealth practice. Its supreme authority is derived from

Article 79 of the 1995 Constitution which provides that:

• 79(1) Subject to the provisions of this Constitution, Parliament shall have power to make laws on

any matter for peace, order, development and good governance of Uganda."

• And Article 79(2) reads that: “No person or body other than Parliament shall have power to make

provisions having the force of law in Uganda except under authority conferred by an Act of

Parliament.”
continuation
• The Institution of Parliament was established in 1962 after the Country’s
Independence on the 9th of October 1962. The parliament, been a Unicameral
(it is a type of legislature consisting of one house or assembly that legislate
and votes as one) has tributary functions such as reviewing and approving
the national Budget, oversight and demanding for accountability. However,
its primary function is to make laws that will provide good governance in the
country. Therefore, the Parliament has the following composition, which
spanned from the first parliament to the 11th parliament as follows:
FIRST PARLIAMENT: PARLIAMENT OF
UGANDA (1962-1963)
• The first parliament was then known as the National Assembly. It had
92 members and was been presided over by its speaker Sir John
Bowes Griffin, a British lawyer and a former Ugandan Chief Justice.
SECOND PARLIAMENT: PARLIAMENT OF
UGANDA (1963 - JANUARY 1971)
• The second Parliament is a parliament under the Republican Constitution. The then Prime Minister

Milton Obote abrogated the constitution and declared himself president of Uganda in 1966. This

parliament also witnessed the abolition of Uganda’s traditional kingdoms and the declaration of

Uganda as a Republic in October, 1963.

• The then speaker during the second parliament was Narendra M. Patel, a Ugandan of Indian

Descent. Thus, the parliament ended when Idi Amin overthrew Milton Obote’s government in

January, 1971.

• Note that: from 1971 – 1979, No Legislative arm of government. This is so because, the elections

provided for under the Republican constitution which were to be held after a period of 5 years, were

never held due to military coup.

THIRD PARLIAMENT: PARLIAMENT OF UGANDA
(1979 - 1980)
• Following the overthrow of the military regime in 1979, Uganda got an interim parliament known as

National Consultative Council, which was composed of 30 members, which membership was later

increased to 120 who were elected in moshi, Tanzania, and was chaired by Edward Rugumayo. The

legislative body continued to function until the general elections of December, 1980.

• FOURTH PARLIAMENT: PARLIAMENT OF UGANDA (23RD DECEMBER 1980 – 27TH JULY,

1985)

• During the fourth parliament, the return to power of Milton Obote and the Ugandan People’s Congress

(UPC) was marked, following the disputed National Election of 1980. The then speaker of the fourth

assembly was Francis K. Butagira, a Harvard trained lawyer. Thus, the fourth parliament ended when

General Basilio Olara Okello overthrew Obote and the UPC government in 1985.
FIFTH PARLIAMENT: PARLIAMENT OF
UGANDA (26TH JANUARY 1986 - 1996)
• The fifth parliament, also known as the National Resistance Council (NRC) was
established, following the end of the Ugandan 1981 – 1985 guevilla war, which
started with 38 historical members of the National Resistance Movement and
National Resistance Army. The Legislative Body was gradually expanded to
include representatives from around the country. Thus, the then speaker was
Yoweri Museveni who also concurrently served as the president of Uganda.
• SIXTH PARLIAMENT: PARLIAMENT OF UGANDA (2ND JULY 1996 -
2001)
• The sixth parliament was constituted during one – party rule (NRM) and James
Wapakhabulo served as its speaker from 1996 – 1998. And from 1998 – 2001,
Francis Ayume, who was a then member of the parliament became its speaker. The
parliament approved the creation of 17 new districts namely; Kayunga,
Kaberamaido, Kanungu, Nakapiripirit, Sironko, Yumbe, Kamwenge, Wakiso,
Ssembabule, Bugiri, Nakasongola, Kyenjojo, Adjumani, Katakwi, Busia, Pader
and Mayuge.
 SEVENTH PARLIAMENT: PARLIAMENT OF
UGANDA (JULY 2001 – 12TH MAY 2006)
• The seventh parliament began with the swearing in of parliaments on the 3 RD and 4TH of July, 2001 with

Edward SSEKANDI as its speaker. During the seventh parliament, the number of District Women

Representatives increased from 39 to 56, whereas the number of Workers Representatives also increased from

three to five. During this parliamentarian body, the legislation for the amendment of the constitution to

remove presidential term limits was also passed.

• EIGHT PARLIAMENT: PARLIAMENT OF UGANDA (18TH MAY 2006 - 2011)

• The eight parliament was the continuation of the seventh parliament with Edward SSEKANDI as its speaker

and Rebecca Kadaga as his deputy speaker.

• Note that: the eight parliament was unique because it was the first multi- party parliament after 20 years

under the Movement System with a total of 326 elected members.

 NINTH PARLIAMENT: PARLIAMENT OF
UGANDA (19TH MAY, 2011 – MAY 2016)
• The Ninth Parliament has Rebecca Kadaga as its speaker, and Jacob Oulanyah

as its deputy speaker, with a total number of 375 members.

• THENTH PARLIAMENT: PARLIAMENT OF UGANDA (19TH MAY

2016 - 2021)

• The tenth parliament is the continuation of the ninth parliament with Rebecca

Kadaga as speaker and Jacob Oulanyah as her deputy speaker respectively.

Though, the tenth parliament has a total of 426 members.

ELEVENTH PARLIAMENT: PARLIAMENT OF
UGANDA (24TH MAY 2021 – 20TH MARCH 2026)

• After the Ugandan General Election of 2021, 557 members were sworn in on the

17th, 18th 19th and 20th of May, 2021, with Anita Annet Among as the speaker and

Thomas Tayebwa as its Deputy Speaker.