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Emergency Powers Act

Act 1968 No. 23 Act 23 of 1968 Current version · as at 31 December 2023

An Act to provide for the law relating to emergency, to make provision for the exercise by the President of certain powers in public emergencies and for related matters.

Enacted1968
Commenced1 November 1968
Last amended—
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to provide for the law relating to emergency, to make provision for the exercise by the President of certain powers in public emergencies and for related matters.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 4 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Emergency Powers Act

Act 1968 No. 23

Commenced on 1 November 1968

[This is the version of this document at 31 December 2023.]

An Act to provide for the law relating to emergency, to make provision for the exercise by the President of certain powers in public emergencies and for related matters.

1. Interpretation

In this Act, unless the context otherwise requires

"court of competent jurisdiction" means a court of law established otherwise than by emergency

"emergency regulations" means regulations made under this Act;

"proclamation of emergency" means a proclamation issued under Article 110 of the Constitution declaring that a state of emergency exists.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "court of competent jurisdiction" means a court of law established otherwise than by emergency”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. "emergency regulations" means regulations made under this Act;
  2. "proclamation of emergency" means a proclamation issued under Article 110 of the Constitution declaring that a state of emergency exists.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

2. Emergency regulations

Whenever a proclamation of emergency is in force the Minister may, by statutory instrument, make such regulations as appear to him or her to be necessary or expedient for securing the defence of Uganda, the public safety, the effective government of Uganda or of any part of Uganda, the maintenance of public order and the enforcement of the law, and for maintaining supplies and services necessary to the life of the community

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Emergency regulations”.

“Whenever a proclamation of emergency is in force the Minister may, by statutory instrument, make such regulations as appear to him or her to be necessary or expedient for securing the defence of Uganda, the public safety, the effective government of Uganda or of any part of Uganda, the maintenance of public order and the enforcement of the law, and for maintaining supplies and services necessary to the life of the community”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Whenever a proclamation of emergency is in force the Minister may, by statutory instrument, make such regulations as appear to him or her to be necessary or expedient for securing the defence of Uganda, the public safety, the effective government of Uganda or of any part of Uganda, the maintenance of public order and the enforcement of the law, and for maintaining supplies and services necessary to the life of the community
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. Provisions of emergency regulations

(1)

Subject to this Act and without prejudice to the generality of the powers conferred by section 2 , emergency regulations may-

(a)

make provision for the detention of persons or the restriction of their movements, for the exclusion of persons from any part of Uganda and for the deportation or exclusion from Uganda of persons who are not citizens of Uganda;

(b)

authorise the requiring of any person to perform such labour or services on behalf of the Government as may be required in the circumstances of any situation;

(c)

authorise the taking of possession or control on behalf of the Government of any property or undertaking;

(d)

authorise the acquisition on behalf of the Government of any property, including land;

(e)

authorise the entering and search of any premises;

(f)

provide for amending any law, for suspending the operation of any law and for applying any law with or without modification;

(g)

provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the regulations, such fee as may be prescribed by

(h)

provide for payment of remuneration or compensation to persons administering or affected by the regulations;

(i)

provide for the election, constitution, suspension, dissolution or reinstatement of any district council or local authority at any time or for any period of time;

(j)

provide for the appointment, election, suspension, removal, replacement or reinstatement of any member or officer of any district council or local authority at any time or for any period of time;

(k)

provide for the performance by any person or authority of the functions of any district council or local authority or of any member or officer of a district council or local authority;

(l)

provide for the apprehension of persons offending against the regulations and for their trial and punishment by courts of competent jurisdiction or such tribunals as may be constituted by the regulations;

(m)

provide for empowering any person or authority to make rules or orders for any of the purposes for which regulations are authorised by this Act to be made, and for purposes incidental or supplementary to those purposes;

(n)

provide for the declaration of any premises or area to be a special or prohibited area; or

(o)

provide for the prohibition of strikes.

(2)

Emergency regulations shall not-

(a)

provide for the expropriation or destruction of lawfully held property without just compensation except insofar as the destruction is necessary in dealing with a situation which exists;

(b)

provide for the trial of persons by military courts.

(3)

Emergency regulations shall be laid before Parliament.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Provisions of emergency regulations”.

“(1) Subject to this Act and without prejudice to the generality of the powers conferred by section 2, emergency regulations may-”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

20
  1. (1) Subject to this Act and without prejudice to the generality of the powers conferred by section 2, emergency regulations may-
  2. (a) make provision for the detention of persons or the restriction of their movements, for the exclusion of persons from any part of Uganda and for the deportation or exclusion from Uganda of persons who are not citizens of Uganda;
  3. (b) authorise the requiring of any person to perform such labour or services on behalf of the Government as may be required in the circumstances of any situation;
  4. (c) authorise the taking of possession or control on behalf of the Government of any property or undertaking;
  5. (d) authorise the acquisition on behalf of the Government of any property, including land;
  6. (e) authorise the entering and search of any premises;
  7. (f) provide for amending any law, for suspending the operation of any law and for applying any law with or without modification;
  8. (g) provide for charging, in respect of the grant or issue of any licence, permit, certificate or other document for the purposes of the regulations, such fee as may be prescribed by

12 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 2 · Emergency regulations
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

4. Duration of emergency regulations

(1)

Without prejudice to the validity of anything lawfully done or omitted to be done under emergency regulations, all such regulations shall cease to have effect when the proclamation of emergency under which they were made ceases to be in force or upon their earlier revocation.

(2)

For the avoidance of doubt, it is declared that-

(a)

it shall not be lawful for any person detained or restricted in his or her movements under emergency regulations to be so detained or restricted after those regulations have ceased to have effect;

(b)

where under section 3(1)(i) a period of time is specified, that period shall remain operative and effectual notwithstanding that the regulations under which it was specified have ceased to have effect before the expiration of the period; and

(c)

any sentence of imprisonment imposed under section 3(1)(l) shall remain operative and effectual notwithstanding that the regulations under which it was imposed have ceased to have effect before the completion of the sentence.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Duration of emergency regulations”.

“(1) Without prejudice to the validity of anything lawfully done or omitted to be done under emergency regulations, all such regulations shall cease to have effect when the proclamation of emergency under which they were made ceases to be in force or upon their earlier revocation.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Without prejudice to the validity of anything lawfully done or omitted to be done under emergency regulations, all such regulations shall cease to have effect when the proclamation of emergency under which they were made ceases to be in force or upon their earlier revocation.
  2. (2) For the avoidance of doubt, it is declared that-
  3. (a) it shall not be lawful for any person detained or restricted in his or her movements under emergency regulations to be so detained or restricted after those regulations have ceased to have effect;
  4. (b) where under section 3(1)(i) a period of time is specified, that period shall remain operative and effectual notwithstanding that the regulations under which it was specified have ceased to have effect before the expiration of the period; and
  5. (c) any sentence of imprisonment imposed under section 3(1)(l) shall remain operative and effectual notwithstanding that the regulations under which it was imposed have ceased to have effect before the completion of the sentence.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 3 · Provisions of emergency regulations
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.