GOVERNMENT PROCEEDINGS ACT.

An Act to amend the law relating to the civil liabilities and rights of the Government and to civil proceedings by and against the Government and to replace certain writs and an information, and for purposes incidental thereto and connected therewith.

PART I
INTERPRETATION.

1. Interpretation.

(1) In this Act, unless the context otherwise requires—

(a) "agent" when used in relation to the Government includes an independent contractor employed by the Government;

(b) "civil proceedings" includes proceedings in the High Court or a magistrate's court for the recovery of fines or penalties, but does not include proceedings corresponding or analogous to proceedings on the Crown side of the Queen's Bench Division of the High Court in England;

(d) "enactment" means any legislative instrument having effect in Uganda;

(e) "magistrate's court" means a court established under the Magistrates Courts Act;

(f) "officer" in relation to the Government includes the President, a Minister and any servant of the Government;

(g) "order" includes a judgment, decree, rule, award or declaration;

(h) "prescribed" means prescribed by rules of court;

(i) "proceedings against the Government" includes a claim by way of setoff or counterclaim raised in proceedings by the Government;

(j) "rules of court" means rules made by the authority having power to make rules or orders regulating the practice and procedure of the court;

(k) "statutory duty" means any duty imposed by or under any enactment.

(2) Any reference in this Act to this Act shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Act.

(3) Any reference in Parts IV or V of this Act to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which the Attorney General or any officer of the Government as such is a party; but the Government shall not for the purposes of Parts IV or V of this Act be deemed to be a party to any proceedings by reason only that they are brought by the Attorney General upon the relation of some other person.

PART II
SUBSTANTIVE LAW.

2. Right to sue the Government.

Where any person has a claim against the Government after the commencement of this Act and the claim is either—

(a) a claim based on contract which, if this Act had not been passed, might by virtue of the Suits By or Against the Government Ordinance have been enforced by an action against the Government; or

(b) such that, if it had been made in England against the Crown in right of its Government in the United Kingdom and if the Crown Proceedings Act, 1947, of the United Kingdom had not been passed, it might have been enforced in England, subject to the grant of Her Majesty's fiat, by petition of right,

then, subject to this Act, the claim may be enforced by proceedings taken against the Government for that purpose in accordance with this Act.

3. Liability of the Government in tort.

(1) Subject to this Act and section 4 of the Law Reform (Miscellaneous Provisions) Act, the Government shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject—

(a) in respect of torts committed by its servants or agents;

(b) in respect of any breach of those duties which a person owes to his or her servants or agents at common law by reason of being their employer; and

(c) in respect of any breach of the duties attaching at common law to the ownership, occupation, possession or control of property,

except that no proceedings shall lie against the Government by virtue of paragraph (a) of this subsection in respect of any act or omission of a servant or agent of the Government unless the act or omission would, apart from this Act, have given rise to a cause of action in tort against that servant or agent or his or her or estate.

(2) Where the Government is bound by a statutory duty which is binding also upon persons other than the Government and its officers, then, subject to this Act and section 4 of the Law Reform (Miscellaneous Provisions) Act, the Government shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort, if any, to which it would be so subject if it were a private person of full age and capacity.

(3) Where any functions are conferred or imposed upon an officer of the Government as such, either by any rule of the common law or by any enactment, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Government in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Government.

(4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Government in respect of any tort committed by that department or officer shall, in the case of proceedings against the Government under this section in respect of a tort committed by that department or officer, apply in relation to the Government as it would have applied in relation to that department or officer if the proceedings against the Government had been proceedings against that department or officer.

(5) No proceedings shall lie against the Government by virtue of this section in respect of anything done or omitted to be done by any perso

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