Article 73 – 76 Of The Constitution
The Constitution of the Republic of Uganda expressly provides for the regulation of political organizations in Uganda under Article 73 to 76. This is in consideration of any political system that has been adopted by the country. This means that any organization that subscribes to other political systems and not the one which has been adopted may exist and operate only subject to the regulations prescribed by Parliament.
In a bid to actualize this Article, Parliament of Uganda enacted the political parties and organization act 2005, which provides for regulations of the various political organizations and parties. In enacting this law, the Parliament had to consider regulations that do not exceed what is necessary for enabling the political system adopted to operate.
In addition to this, Uganda has a choice to either maintain the same political system or change as it deems fit. The constitution goes ahead to provide for the procedure in case a political system is to be changed that is through a referendum or elections.
This implies that a referendum shall be held to change a political system on any of the following conditions:
• If requested by a resolution supported by more than half of all members of Parliament.
• If requested by a resolution supported by the majority of the total membership of each of at least one-half of all the district councils.
• If requested through a petition to the electoral commission by at least one-tenth of the registered voters from each of at least two-thirds of the constituencies for which representatives are required to be directly elected under the constitution.
Still, in addition to this, the political system may also be changed by the elected representatives of the people on the parliament and district councils by resolution of Parliament. This must be supported by not less than two-thirds of all members of Parliament upon a petition to it supported by not less than two-thirds majority of the total membership of each at least half of all district councils. The resolution or petitions to change the political system shall be taken only in the fourth year of the term of any parliament.
The constitution also strongly and expressly prohibits a one-party state by removing the powers from Parliament to enact a law establishing a one-party state.
In conclusion, therefore, the law gives Parliament the power to enact laws on elections, including laws for the registration of voters, laws for the conduct of public elections, and where necessary laws to make provision for voting by proxy.