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LAW
REVISION DEPARTMENT
Introduction
The
last revision of the laws of Uganda was carried out as far
back as 1964. Since then, the laws of Uganda have only been
published as supplements to the Gazette. The passage of thirty-seven
years without publication of any revised edition of the laws
had resulted in a state of general inaccessibility of the
existing law and irrelevance of some of the laws. Thus the
need for a revision of the law cannot be overstressed. However,
during that period, the several governments of the day established
machinery to revise the laws of Uganda. Unfortunately, for
one reason or another, no full revised edition ever came out.
The
newly created department of law revision (otherwise known
as the Law Revision Centre) was set up by the government of
Uganda as a department under the Uganda Law reform Commission,
with assistance of the European Union (EU) funding.
The
aim of setting up the centre was to have in place a permanent
and specialised organ to constantly update the laws of Uganda;
and to produce and avail to the public annual volumes of the
revised laws.
Composition
The Centre is headed by a commissioner law revision and is
to be deputised by an assistant commissioner. It currently
has a principal legal officer, senior legal officer, legal
officer and a research assistant.
The
functions of the centre are:
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to manage the database of the revised laws by constantly
updating it as new laws are made from time to time;
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to have in place a permanent and specialized organ to constantly
update the laws of Uganda.
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to ensure that the laws of Uganda are regularly revised
and annual supplements are produced and made available to
and accessed by the public.
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to maintain a website for facilitating the accessibility
to the law and all related information to the judiciary,
government agencies, legal practitioners, law teachers and
all other interested users in both hard and soft copies
of the law.
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to enable the users to be fully acquainted with the living
law at any given time, by maintaining among other things
a database of the leading decisions of the superior courts
(the High Court, Court of Appeal and the Supreme Court of
Uganda) on the various provisions of the law.
The up-dating of the law will
produce the following results:
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facilitation of the administration of justice, law enforcement,
legal education, research and efficient use of the law in
business enterprises, locally and internationally; and
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enabling legal cooperation among the partner states of the
East African Community and the world at large.(to revisit)
ACHIEVEMENTS OF THE LAW REVISION
DEPARTMENT
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The Revised Edition of the
Principal Laws of Uganda
The completion of the revised edition of the Principal laws
of Uganda 2000 has been one of the major achievements of
the Uganda Law Reform Commission in the year 2003.
With the assistance of the United States Agency for International
Development (USAID) and the Department for International
Development (DFID), the commission has completed the revision
of the principal laws of Uganda covering the period 1964
(when the last revision was done) to December 31st 2000.
The revised edition is contained in 13 volumes covering
a total of 365 laws. This work involved the omission from
the statute books all laws which had been expressly repealed
or which had had their full effect, all the repealing laws
and amending laws, where such amendments had been incorporated
in the laws to which they relate, all words of enactment
in any law and preambles as well as dates of commencement,
where such omission could, in the opinion of the commissioners,
be conveniently made, all statutory instruments made under
the authority of the principal laws which had been repealed
and not reenacted, all Appropriation Acts, Decrees, and
Statutes, all statutory instruments granting remission of
taxes and duties and all those that were specified by the
Attorney General as inconsistent with any enactment repealing
and re-enacting the enactment under which the statutory
instrument was made, marginal notes which traced the pre-1964
edition of history of a provision and the laws of Federal
States, Administrations and the East African Community as
it then was.
The
outstanding features of the revised edition are that:
- Decrees,
Statutes and Ordinances have been redesignated as Acts;
- chapters
have been renumbered;
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formal alterations have been added to names, localities,
offices and otherwise as necessary to bring the law into
conformity with the circumstances of Uganda;
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cross-references, grammatical and typographical errors have
been corrected;
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head-notes have replaced marginal notes; and
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the laws have been made gender sensitive among others.
The
revised edition was brought into force on 1st October 2003
by the Attorney General by Statutory Instrument No. 69 of
2003.
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The Inauguration of the Law
Revision Centre.
Another achievement of the department was the inauguration
of the law revision centre.
With assistance from the European Union (EU), a law revision
centre was established in the commission. The law revision
centre is in the process of revising laws of 2001 onwards.
The commission intends to revise the laws through this centre
on a continuous basis.
Benefits
of law revision
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It is expected that the law will be accessible to government
departments, Parliament, the judiciary, lawyers, the police,
students, researchers, the business community, investors
and the public. This will go a long way in ensuring proper
and timely administration of justice. More importantly,
it is expected that the constant revision will render the
status of Uganda law certain.
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is hoped that an up to date version of the laws will provide
certainty in the status of laws, a correct reference to
implementers and end users of the law instead of searching
in the labyrinth of numerous books referring to Acts, decrees,
statutes, ordinances, Statutory instruments or other law
in a bid to establish the current position of the law.
- The
investors and the business community will be able to know
the laws of Uganda that affect their activities and plan
accordingly. As we enter the new world order, Uganda should
be proud to do its business with the rest of the world as
a country which has its house in order, including the laws.
The department has also endeavored to respond to all the
queries raised by the revisers.
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Sale of the Revised Edition of the laws of Uganda 2000
The Commission continues to sell the Sixth Revised Edition
of the principal laws of Uganda, which are available at
shillings 2,000,000/= (Two Million) for a set of thirteen
volumes. So far, 365 copies have been sold earning the government
of Uganda a total of Uganda shillings 729,760, 000/=.
On-Going
Work
- The
department is carrying on the following tasks:
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revising all the subsidiary legislation up to December 2000;
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Revising all the principal laws from 2001-2003;
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Preparing annual supplements on the revised edition;
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Sale of the sixth revised edition of the principal laws;
and
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Updating the commission website with the revised laws for
the benefit of the users
Projections
of the Law Revision Department;
The centre, in the near future,
hopes to achieve the following;
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Maintain an up-to-date record of revised laws of Uganda
and avail them to the public;
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Produce annual supplements of the law at the end of each
year;
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Revise the grey book;
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Prepare a compendium of specific laws and statutory instruments;
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Sensitize the public on the revised laws;
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Collect and compile byelaws from the districts for public
consumption;
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Collect and compile Court of Appeal and Supreme court decisions
;
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Review all laws at the end of the constitutional review
process; and
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Publish the revised edition of the subsidiary legislation
up to December 2000.
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