Kampala, Uganda.
The Court of Appeal has dismissed an application seeking to temporarily block the government from installing vehicle tracking devices. In July 2021, the government of Uganda engaged a Russian company, Joint Stock Company Global Security to provide digital trackers to all vehicles in the country under a 10-year arrangement.
Legal Brains Trust, an organization headed by Isaac Ssemakadde petitioned the court to block any attempts by the government to implement the contract arguing that the surveillance program will create a negative effect on fundamental human rights and freedoms such as freedom of expression, freedom of association, freedom of movement and other human rights and freedoms. Legal Brains Trust also argued that the surveillance programme was detrimental to the public good or welfare or good governance.
The Attorney General however opposed the application arguing that the implementation of the surveillance is not a breach of the fundamental rights to privacy because the system will not be used to trail ordinary law-abiding citizens, but will only serve as a backup to trace vehicles and motorcycles used in the commission of criminal offences.
While dismissing the application Justice Oscar John Kihika observed that the applicant had to prove that the damage bound to be suffered by the surveillance system is such that it cannot be undone and that no amount of monetary can recompense and restore the injured party to the position he or she was before the damage was visited on the individual. He held that;
“The inconvenience likely to be suffered as a result of this move can be sufficiently atoned for in damages since all people who will acquire the new number plates will pay a specific sum of money which is ascertained and can be receipted.”
Following the decision of the Judge, the applicant plans to appeal the ruling before a panel of three Judges at the Court of Appeal. While commenting about the case outcome, Legal Brains CEO, Isaac Ssemakadde observed that he is ready to take the fight to the Supreme Court if needs be.
