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COMMISSION
BRIEF
Establishment of the Uganda Law Reform Commission.
The
Uganda Law Reform Commission was established in 1990 by the
Uganda Law Reform Commission Act, Cap 25. Prior to this enactment,
law reform was the responsibility of the department of law
reform and law revision under the Ministry of Justice, which
had been set up in 1975. In 1995, with the promulgation of
the Constitution, the commission became a constitutional commission
by virtue of article 248 of the Constitution.
Composition of the commission.
Under
section 3 of the Uganda Law Reform Commission Act, the commission
consists of a chairman and six other commissioners, all of
whom are appointed by the President on the advice of the Attorney
General.
The
chairperson and four of the commissioners are lawyers who
are retired or sitting judges of the Court of Appeal or High
Court of Uganda; or are lawyers qualified to be appointed
as judges of the Court of Appeal or High Court of Uganda;
or are senior practising lawyers or senior teachers of law
at a university or similar institution of law in Uganda. The
remaining two commissioners, as set out by section 4(2), are
non-lawyers but persons who have distinguished themselves
in disciplines relevant to the functions of the commission.
Additionally,
section 12 empowers the Attorney General, on the advice of
the commission, to appoint experts or consultants in any specific
aspect of law reform undertaken by the commission.
The
commission is serviced by a secretariat composed of an executive
secretary, and other staff. The commission has three departments
which are: the law reform department, headed by commissioner
law reform; the law revision department, headed by commissioner
law revision and the department of finance and administration,
headed by undersecretary. The staff of the commission consists
of lawyers and non-lawyers appointed by the Attorney General
from among persons who are either public or non-public officers.
Functions
of the commission.
The
main function of the commission as set out under section 10
of the Uganda Law Reform Commission Act, Cap 25 is to study
and keep under constant review the Acts and other laws of
Uganda with the view of making recommendations for their systematic
improvement, development, modernisation and reform with particular
emphasis on-
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the elimination of anomalies in the law, the repeal of
obsolete and unnecessary laws and the simplification and
translation of the law;
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the reflection in the laws of Uganda of the customs, values
and norms of society in Uganda as well as concepts consistent
with the United Nations Charter for Human Rights and the
Charter of Human and Peoples’ Rights of the African Union;
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the development of new areas in the law by making the
laws responsive to the changing needs of the society in
Uganda;
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the adoption of new or more effective methods or both
for the administration of the law and dispensation of
justice; and
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the integration and unification of the laws of Uganda.
Powers
of the commission.
In
the performance of its functions, the commission may-
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Receive, review and consider any proposals for the reform
of the law which may be referred to it by any person or
authority;
- Prepare
and submit to the Attorney General, from time to time,
for approval, programmes for the study and examination
of any branch of the law with a view to making recommendations
for its improvement, modernisation and reform; and those
programmes shall include an estimate of the finances and
other resources that will be required to carry out any
such studies and the period of time that would be required
for the completion of the studies;
- Undertake,
pursuant to any such recommendations approved by the Attorney
General, the formulation of draft bills or other instruments
for consideration by the Government and Parliament;
- Initiate
and carry out, or, with the approval of the Attorney General,
direct initiation and research necessary for the improvement
and modernisation of the law;
- Provide,
at the instance of the Government, to Government ministries
and departments and other authorities concerned, advice,
information and proposals for reform or amendment of any
branch of the law;
- Eencourage
and promote public participation in the process of lawmaking
and educate and sensitise the public on lawmaking through
seminars, publications and the mass media; and
- Appoint
or empanel committees, in consultation with the Attorney
General, from among members of the commission, or from
among persons outside the commission, to study and make
recommendations to the commission on any aspect of the
law referred to the committees by the commission.
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