Uganda
Referendum and Other Provisions Act, 2005
Act 1 of 2005
- Published in Uganda Gazette 10 on 22 February 2005
- Assented to on 10 February 2005
- Commenced on 22 February 2005
- [This is the version of this document from 22 February 2005.]
Part I – Preliminary
1. Short title
This Act may be cited as the Referendum and Other Provisions Act, 2005.2. Interpretation
In this Act unless the context otherwise requires—“agent” means a person authorized by a side to represent the side in a referendum;“Commission” means the Electoral Commission established by article 60 of the Constitution;“currency point” has the meaning assigned to it in the First Schedule to this Act;“election officer” includes a returning officer, assistant returning officer, registration officer, assistant registration officer and any other officer appointed by or under the authority of the commission with responsibility for registration of voters, or for presiding over voting in any election or for counting votes at any election.“Minister” means the Minister responsible for public elections and referenda;“side” means the supporter of an affirmative answer to a question in a referendum or the supporter of a negative answer to a question in a referendum, as the case may be, and sides shall be taken to mean both the supporters of an affirmative answer and the supporters of a negative answer to a question in a referendum.Part II – Referenda generally
3. Referendum generally
4. Electoral commission to be responsible for referenda
5. Voting at a referendum
6. Majority of votes required in a referendum
Subject to the provisions of the Constitution and this Act, an issue for determination by a referendum shall be taken to be determined by a majority of the votes cast at the referendum.7. Where no side obtains required majority
Where in any referendum no side obtains the majority referred to in section 6, the position prevailing before the referendum and in respect to which a decision by way of referendum was sought, shall remain.8. Publication of results of a referendum
9. Application of other electoral laws
10. Persons entitled to vote at a referendum
The persons entitled to vote at a referendum under this Act are—11. Right of citizens to demand referenda
12. Canvassing for a referendum
13. Prohibition of incitement to public disorder etc.
14. Supply of copies of Bill for referendum under article 259 and processing of Bill for Presidential assent
Part III – Change in political system by referenda or by petitions and resolutions
15. Referenda for change in political system under article 74 (1) of the Constitution
16. Change of political system by representatives of the people in Parliament and district councils under article 74 (2) of the Constitution
17. Time for resolutions or petitions for changing of political systems under article 74 of the Constitution
The resolutions or petitions for the purpose of changing the political system under article 74 of the Constitution shall be taken only in the fourth year of the term of any Parliament.18. Subsequent elections to be held under adopted system
19. Parliament to approve other political systems before acceptance in referendum
No political system shall be accepted as any other democratic and representative political system under clause (1) (c) of article 69 of the Constitution for the purposes of a referendum under clause (1) of article 74 of the Constitution or for the purposes of a resolution of Parliament under clause (2) of article 74 of the Constitution unless it has been approved by Parliament under the Other Political Systems Act.Part IV – Ratification of Bills by district councils under article 260 of the Constitution
20. Ratification of Bills by district councils under article 260
Part V – Agents of sides in a referendum
21. Agents of sides
In case of any referendum, each side shall, within such time as the Commission may determine, identify its agents for every polling station for the purposes of clause (4) of article 68 of the Constitution.22. Equal treatment to all sides
During the period of canvassing in respect of a referendum, every public officer, public authority and public institution shall give equal treatment to all agents of the sides contesting in a referendum.23. Rights and duties of agents etc
Part VI – Challenging results of referenda
24. Challenging results of referenda
25. Witness in petition
26. Withdrawal of petitions
27. Appeals
Part VII – Miscellaneous
28. Prohibition of ethnic or religious symbols etc
29. Expenses of referenda
30. Use of public resources
Except as authorised by section 29 or any other law, no person shall use public resources for the purpose of canvassing for any side in a referendum.31. Regulations
32. Power of Minister to amend First Schedule
The Minister may, by statutory instrument, amend the First Schedule to this Act.33. Repeal of Cap 142A
The Referendum Act is repealed.History of this document
22 February 2005 this version
Commenced
10 February 2005
Assented to
Cited documents 0
Documents citing this one 12
Gazette 8
- Uganda Government Gazette dated 2005-04-08 number 19
- Uganda Government Gazette dated 2005-04-15 number 20
- Uganda Government Gazette dated 2005-06-06 number 30
- Uganda Government Gazette dated 2005-07-04 number 39
- Uganda Government Gazette dated 2005-07-22 number 43
- Uganda Government Gazette dated 2005-07-26 number 44
- Uganda Government Gazette dated 2005-08-08 number 48
- Uganda Government Gazette dated 2006-02-10 number 8
Judgment 4
- Jacob Twikirize Manyindo(administrator estate of mwesigwa mayindo) v The commissioner customs & anor (HCT-04-CV-CS-0078-2008) [2014] UGHCCD 154 (17 December 2014)
- Kirenga v Commissioner of Customs Uganda Revenue Authority (Miscellaneous Cause No. 15 of 2013) [2014] UGHCCD 18 (6 February 2014)
- Patrick Kimbaleeba v URA (Civil Suit No. 753 of 2005) [2009] UGCommC 36 (6 April 2009)
- Uganda Revenue Authority v Remigious Patrick Paul (HCT-00-CC-CA 8 of 2005) [2005] UGCommC 45 (1 August 2005)