Extracts From

THE CONSTITUTION OF UGANDA, 1967


115. (1) Subject to the provisions of this article, the operation of the existing law after the commencement of this Constitution shall not be affected by such commencement but the existing law shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution.

(2) Unless the context otherwise requires, reference in the existing law to,

(a) the Kingdoms of Ankole, Bunyoro and Toro shall be construed as references to the corresponding Districts; and

(b) the Kingdom of Buganda shall be construed as references to the Districts of East Mengo, Masaka, Mubende and West Mengo.

(3) The President may, by statutory instrument made at any time before the expiration of twelve months from the date of the commencement of this Constitution, make such amendments to the existing law as may appear to him to be necessary or expedient for bringing it into conformity with this Constitution or otherwise for giving effect or enabling effect to be given to any changes effected by this Constitution.

(4) Where the President makes an instrument under the provisions of the immediately preceding clause in relation to an Act of the Common Services Organization or the former High Commission, that instrument shall have effect so as to amend that Act in and in relation to any person or matter in or connected with Uganda, notwithstanding any provision to the contrary in the interpretation Act.

(5) Where any matter that fails to be prescribed or otherwise provided for under this Constitution by Parliament or by any other person or authority is prescribed or provided for by or under an existing law, including any amendment to any such law made under this article, or is otherwise prescribed or provided for immediately before the commencement of this Constitution by or under the Constitution as then in force, that prescription or provision shall, as from the commencement of this Constitution, have affect as if it had been made under this Constitution by Parliament or, as the case may be, by the other authority or person.

(6) Any reference in the existing law to a provision in the Constitution which came into force on the 15th day of April 1966, shall be construed as a reference to the corresponding provision of this Constitution; and where there is any conflict the provisions of this Constitution shall prevail.

(7) For the purposes of this article, the expression "existing law" means the written and unwritten law of Uganda or of any part thereof as it existed immediately before the coming into force of this Constitution, including any Act of Parliament or statutory instrument enacted or made before that date which is to come into force on or after that date.

116. (1) Subject to the provisions of this article, every person who immediately before the commencement of this Constitution held or was acting in any office established by or in pursuance of the Constitution as then in force, so far as is consistent with the provisions of this Constitution shall be deemed to have been appointed as from the commencement of this Constitution to hold or to act in the equivalent, office under this Constitution.

Provided that any person who before the Commencement of this Constitution would have been required under the Constitution as then in force or any existing law to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or on the attainment of that age.

(2) The provisions of this article shall be without prejudice to any powers conferred by or under this Constitution or any other law upon any person or authority to make provision for the abolition of office, for the removal from office of persons holding or acting in any office and for requiring persons to retire from office.

(3) In determining, for the purpose of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom clause (1) of this article applies, service as a public officer under the Government which terminates immediately before the commencement of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately on such commencement.

117. Notwithstanding any provision of this Constitution, every person who immediately before the commencement of this Constitution held or was acting in any office established by or in pursuance of the Constitution as then in force and who holds or is acting in an equivalent office under this Constitution, shall be deemed to have taken and subscribed any necessary oath under this Constitution in accordance therewith.

118. (1) The institution of King or Ruler of a Kingdom or Constitutional Head of a District, by whatever name called, existing immediately before the commencement of this Constitution under the law then in force, is hereby abolished.

(2) Notwithstanding any provision of this Constitution, the immediately preceding clause shall have effect from 24th May, 1966, in relation to the Kingdom of Buganda.

(3) Parliament may make provision for the payment of a pension, gratuity or other allowances to any of the persons to whom clause (1) of this article applies and to such of their dependants as Parliament may prescribe.

(4) Notwithstanding any provision of this Constitution, Parliament may make provision for the devolution of any property held by any person to whom clause (1) of this article applies by virtue of his office or by any other person or authority, being property connected with or attaching to the institution of King, Ruler or Constitutional Head.

(5) No action may be instituted in any Court of law in respect of any matter or claim by any person under this article or under any provision made by Parliament pursuant thereto.


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