Public Order Management Bill 2011

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BILLSSUPPLEMENT No. 3 29th April, 2011.BILLS SUPPLEMENT

to the Uganda Gazette No. 29 Volume CIV dated 29th April, 2011.Printed by UPPC, Entebbe by Order of the Government.

Bill No.3 Public Order Management Bill 2011THE PUBLIC ORDER MANAGEMENT BILL, 2011

EXPLANATORY MEMORANDUM.1. The object of this Bill is to provide for the regulation of publicmeetings, the duties and responsibilities of the police, the organisers. and participants in relationto public meetings; to prescribe measuresfor safeguarding public order without compromising the principles ofdemocracy, freedom of association and freedom of speech.

are held and the m ! e e ~ r.. . / i

2. The Bill in particular seeks to manage public order in partnershipwith the organisers and participants in assemblies, demonstrationsand processions, the local authorities, owners or custodians of thevenues at whiclr"Pttblic assem.rtJtiliies.f e m . 9 i : J i t r ~ o n s and processions11 uc..-!1. MD" fuw u : . ~ 1x- 1

o< ~ w . 'The Bill s b ~ J e i < Y " s p ~ f " Y ' t ~ ~ p r ~ ~ ~ ~ ~ ~ ..td be followed when I mh 1 ;J j 11 horgamsmg an f ~ ~ ' 5 ' S ' t f ~ l t l l } ~ ~ $ S I O D . . m < \ ! l 6 m o n s t t a t w n , as we as t epenalties and ~ a u c t i o n s to be imposed upon thosb found in breach ofthe proposed l!W.ccession No.: ....................... J

~ LEGAL RESOURCE CENTRE_./4. Provisions o the BittThe Bill consists of four parts and three schedules.5. PART I - PRELIMINARYPart I of the Bill deals with preliminary matters namelycommencement of the Act, interpretation and the principal ofmanaging public order.


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Bill No. 3 Public Order Management Bill 20116. PART II- REGULATION OF PUBLIC MEETINGSPart II of the Bill deals with regulation of public meetings. Clause 4of the Bill empowers the Inspector General of Police to regulate theconduct of all public meetings subject to the law.7. Clause 5 permits the Inspector General of Police to delegate his orher powers to regulate public meetings to an authorised officer.Clause 6 defines a "public meeting" and the circumstances underwhich a meeting would be considered a public meeting. Clause 6 (2)provides for the exceptions to the definition of "public meeting".8. Clause 7 of the Bill requires an organiser of a public meeting togive notice of intention to hold the meeting in writing to the InspectorGeneral of Police. It also specifies the form of the notice and otherrequirements. Clause 7 (3) provides that an organiser of a .publicmeeting who holds a public meeting without complying with theconditions under the .proposed Act commits a misdemeanour undersection 116 ofPenal Code Act and is punishable by imprisonment notexceeding two years. Clause 8 provides for the authorised officer tonotify the organiser of a public meeting, where it is not possible tohold the proposed meeting.9. PART III- DUTIES AND RESPONSIBILITIES OF POLICE,ORGANISERS AND PARTICIPANTSPart Il l of the Bill deals with the duties and responsibilities of the keyparties in a public meeting. These include the police, the organisers ofa public meeting and the participants in the public meeting.10. Clause 9 empowers an authorised officer to stop or prevent theholding of a public meeting, where the meeting is held contrary to theproposed Public Order Management Act or where the meeting poses a. .clear present or imminent danger or breach of peace. Clause 9 (3)requires an authorised officer to have regard to the rights and freedomsof the persons in respect of whom the order for dispersal has . beenissued. Clause 9 (4). provides that a person who ignores an order todisperse commits a misdemeanour under section 117 of the Penal CodeAct and is punishable by imprisonment not exceeding two years.


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11. Clause 10 provides for the fundamental duty of police which is topreserve law and order during the public meeting. Clause 11 prohibits apolice officer from using firearms except in prescribed circumstances suchas in self defence against the imminent threat of death or injury and indefence ofothers against the imminent threat ofdeath or injury.12. Clause 12 provides for the responsibilities of the organisers andparticipants in a public meeting. The responsibilities of the organisersinclude but are not limited to adherence to the required conditions forholding a public meeting and to ensure that all the participants are unarmed.The participants in a public meeting are required to act in a manner thatensures that obstruction of traffic, confusion or disorder is avoided.13. PART IV- MISCELLANEOUSPart IV of the Bill deals with miscellaneous matters such as the useof a public address system in clause 13. Clause 14 requires anauthorised officer to keep a public register of all notices receivedunder the proposed Public Order Management Act.14. Clause 15 empowers the Minister responsible for internal affairsto declare a particular area a gazetted area, where the Minister is ofthe opinion that it is the public's interest to declare the area a gazettedarea. Clause 16 prohibits a person from entering the areas listed inSchedule 3 as restricted areas. The Minister may by statutoryinstrument with Cabinet approval amend Schedule 3.15. Clause 17 gives the Minister power to make regulations for thebetter carrying into effect the provisions of the Act and prescribes thepenalties to be imposed in those regulations. Clause 18 empowers theMinister with the approval of Cabinet to amend the Schedule whichprescribes the value of a currency point. 16. SCHEDULESSchedule 1 provides for the value of a currency point which isequivalent to twenty thousand shillings. Schedule 2 provides for theprescribed form for the notice of intention to hold a public meetingand Schedule 3 provides for the list of restricted areas.

A.M. KIRUNDA KlVEJINJA,3rd Deputy Prime Minister/ Minister of nternal Affairs.


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Bill No. 3 Public Order Management Bill 2011THE PUBLIC ORDER MANAGEMENT BILL, 2011

ARRANGEMENT OF CLAUSESClause

P A ~ T I-PRELIMINARY

1. Commencement2. Interpretation3. Principle ofmanaging public order

PART II-REGULATION OF PUBLIC MEETINGS

4. Power of Inspector General of Police5. Delegation of powers6. Meaning of "public meeting"7. Notice ofpub1ic meeting8. Notification by authorised officer

PART III-DUTIES AND RESPONSffiLITIES OF POLICE, ORGANISERSAND PARTICIPANTS

9. Powers of authorised officer10. Duties of the police11. Use of firearms by a police officer12. Responsibilities of organisers and participants

PART N -MISCELLANEOUS

13. Use ofpublic address system14. Register15. Gazetted areas16. Restricted areas17. Regulations18. Power ofMinister to amend Schedule 1

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Bill No.3 Public Order Management BillSCHEDULES

Schedule 1-Currency pointSchedule 2-Form

Schedule 3-Restricted areas

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2011


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Bill No.3 Public Order Management Bill 2011

A Bill for an ActENTITLED

THE PUBLIC ORDER MANAGEMENT ACT, 2011Art Act to provide for the regulation of public meetings; toprovide for the duties and responsibilities of police, organisersand participants in relation to public meetings; to prescribemeasures for safeguarding public order; and for related matters.BE IT ENACTED by Parliament as follows:

PART I-PRELIMINARY1. CommencementThis Act shall come into force on a date appointed by the Minister bystatutory instrument.2. InterpretationIn this Act, unless the context otherwise requires-

"authorised officer" means the Inspector General of Police, theCommander of Kampala Metropolitan Police, a RegionalPolice Commander, a District Police Commander or otherpolice officer authorised by the Inspector General ofPolice;

"currency point" has the value assigned to it in Schedule 1;3


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Bill No. 3 Public Order Management Bill 2011(2) The Minister may in any regulations made under this Act,

prescribe for a contravention of the regulations, a fine not exceedingtwenty four currency points or imprisonment not exceeding one yearor both and in case of a continuing offence, prescribe an additionalfine not exceeding ten currency points for each day on which theoffence continues.

(3) The Minister may also, in addition to any penalty prescribedunder subsection (2), prescribe a requirement that anything used inthe commission of an offence be forfeited to the State.18. Power of Minister to amend Schedule 1The Minister may by statutory instrument with the approval ofCabinet amend Schedule 1.

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Bill No.3 Public Order Management BillSCHEDULE 1

2011

Section 2, 18A currency point is_equivalent to twenty thousand shillings.

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Bill No. 3 Public Order Management BillSCHEDULE 2FORMA

THE PUBLIC ORDER MANAGEMENT ACT, 2010

2011Section 7

NOTICE OF INTENTION TO HOLD A PUBLIC MEETING(To be filled in triplicate)

To: The Inspector General of Police.VWe hereby give notice to the Inspector General of Police of the intentionto hold a public meeting.11 Particulars of organisers

Name: ............................................................................ .Physical address: ............................................................... .Postal address: .................................................................. .Occupation: .............. : ...................................................... .

~ : t ~ ~ n ~ i i ~ : . . . . . . . . . . . . . . . . . . . . . . . . . . :.::::::::::::::::::::: : . . . . . . . . . . . . ~ : : : : ::.".".:2. Proposed venue of public meeting (give full details) .................... .3. Date of public meeting: ..................................................... .4. Time of commencement of public meeting: ............................. .5. Duration of public meeting: ................................................. .6. Estimated number of persons expected: .................................... .7. Purpose of public meeting:8. Other relevant infmmation:

NB: This notice should be received by the Inspector General at least sevendays before the date of he public meeting.

Signature(s) of Organiser(s)or agent

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Bill No.3 Public Order Management Bill 2011For Official Use Only

9. Particulars of Receiving OfficerNaiile and rank .......... ....................................................... .Office held ....................................................................... .Signature ..........................................................................Date and time received .............................................................

Stamp

10. (a) The grounds are free for the public meeting ....................... .(b) The grounds are not free for the public meeting ................. .

(c) The public meeting cannot take place because (State reasons)

Inspector General Date

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Bill N o ~ 3 Public Order Management BillSCHEDULE3

RESTRICTED AREAS1 Parliament and its precincts2 State House Entebbe3 State Lodges countrywide4 International airports5 Courts of Judicature

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. 2011Section 16


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Bill No.3 Public Order Management BillCross ReferencesPenal Code Act, Cap. 120Political Parties and Organisation Act, 2005Traffic and Road Safety Act, 1998

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2011

Documents

Public Order Management Bill 2011