Article 107 Part B: Removal of the President on Grounds of Physical or Mental Incapacity

Article 107(7-14) provides the procedure for the removal of the President on grounds of mental or physical incapacity.

This is commenced by a notice lodged with the Speaker. The notice should be signed by one-third of all the members of Parliament and it should disclose that they intend to move a motion for a resolution of the removal of the President on grounds of mental or physical incapacity. The notice should also disclose particulars of the grounds stated therein.

The Speaker is required to transmit the notice to the Chief Justice and the President within twenty-four hours after receiving it.

The Chief justice is required, in consultation with the professional head of medical services in Uganda to constitute a medical board comprising five qualified and eminent medical specialists within seven days after the receipt of the notice from the Speaker. The duty of the Board is to examine the President in respect of the alleged incapacity and submit a report to Parliament.

The Chief Justice is required to inform the President within twenty-four hours of constituting the Medical Board and the President is bound to submit himself or herself to the Medical Board for examination within seven days.

Where the Medical Board finds that the President is by reason of physical or mental incapacity unable to perform the functions of the office of President, and Parliament passes the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of Parliament, the President shall cease to hold office.

Where the President fails to submit him/herself for assessment to the Medical Board within seven days after being informed of its constitution by the Chief Justice, the medical board is required to submit a report to Parliament stating that the President failed or refused to avail himself. Parliament may proceed to vote on a resolution for removal of the President on the grounds of incapacity and if two-thirds of all the MPs support it, the President will cease to hold office.

Parliament has fourteen days to move the motion for a resolution for the removal of the President after receipt of the report from the Medical Board by the Speaker.

The President is entitled to appear in person and be heard and to be assisted or represented by a lawyer or other expert or person of his or her choice during the proceedings of Parliament relating to the motion for a resolution under this article.

Article 107(7-14) provides the procedure for the removal of the President on grounds of mental or physical incapacity. This is commenced by a notice