KAMPALA (Reuters) – In a move that could reshape the legal landscape in Uganda, the government is drafting legislation that would permit the military prosecution of civilians under certain “exceptional circumstances,” despite a recent Supreme Court ruling that banned the practice.
The proposed law—currently awaiting cabinet approval—was announced by Justice and Constitutional Affairs Minister Nobert Mao during a parliamentary session on Thursday. Mao explained that the legislation would outline specific conditions under which civilians could be subjected to military law.
“The law will define exceptional circumstances under which a civilian may be subject to military law,” Mao told lawmakers.
In January, Uganda’s Supreme Court issued a landmark decision that barred the military from trying civilians, forcing the government to transfer several cases—including that of opposition leader and former presidential candidate Kizza Besigye—to civilian courts.
If passed, the new legislation could pave the way for Besigye’s trial to return to a military court-martial, a move likely to draw renewed criticism from opposition groups and human rights advocates.
Besigye, a longtime critic and political rival of President Yoweri Museveni, has been in detention for nearly five months. He was arrested in neighboring Kenya in November and subsequently transferred to Uganda, where he was charged before a military tribunal with illegal possession of firearms and other offenses. His lawyers insist the charges are politically motivated.
The proposed law has raised concerns about the potential erosion of judicial independence and civil liberties, particularly in cases involving opposition figures.
