Kerry Howard Mwesigwa.
Kampala, Uganda – A proposal to amend Uganda’s Magistrates Courts Act, curbing the practice of private individuals initiating criminal proceedings, has been presented to the Ugandan Parliament. The bill, introduced by Hon. Paul Akamba, legislator for Busiki County, aims to revise Section 42 of the Act, which currently allows any person with reasonable grounds to believe that an offense has occurred to initiate private prosecutions.
The core argument put forth by Hon. Paul Akamba is that the existing provision may undermine the constitutional right to a fair trial. This is because it empowers magistrates and local authorities to conduct preliminary inquiries prior to formalizing charges against the accused. This process, according to Akamba, may lack comprehensive investigation and substantial evidence. Additionally, he contends that political and business opponents could exploit private prosecutions, encroaching on the authority of the Director of Public Prosecutions (DPP). The DPP possesses the power to take over private prosecutions.
The proposed bill seeks to exclusively vest the authority for criminal prosecution in Uganda with the DPP and the Inspectorate of Government. It also outlines mechanisms for the automatic transfer of ongoing private prosecutions to these bodies upon the bill’s implementation.
Hon. Asuman Basalirwa, expressed support for the bill. He argued that private prosecutions are redundant, considering the historical precedent of DPP’s involvement in all privately initiated cases. Basalirwa emphasized that private prosecutions consume valuable time and resources, often leading to confusion within the justice system.
Rose Obigah, representing Terego District, echoed Akamba’s concerns about the potential for abuse within the current system, especially by political and business adversaries. Obigah asserted that entrusting the DPP with the role of administering justice would ensure professionalism and fairness.
In response to the proposal, Deputy Attorney General Jackson Kafuuzi requested additional time for the Office of the Attorney General to thoroughly evaluate the bill’s implications and intricacies.
The ongoing parliamentary discussion underscores the complexities involved in balancing private individuals’ rights to initiate legal action with the need to uphold the principles of fairness and professionalism within the criminal justice system. As the bill undergoes evaluation, its potential impact on the legal landscape of Uganda remains a subject of substantial deliberation.
