Kampala, (UG): The Uganda Law Society (ULS) President, Isaac Ssemakadde has strongly castigated President Museveni’s directive to ban police bond for individuals accused of engaging in criminality including embezzling Parish Development Model (PDM) and Emyooga funds.
The directive which refers to the accused as “village thieves,” has sparked outrage within legal circles, with the legal fraternity, many practitioners labelling it unconstitutional and detrimental to human rights.
In a press statement issued Wednesday, 1 Jan 2024, Ssemakadde stated that the directive contravenes Articles 23, 28(3)(a), and 99 of the Constitution, describing it as a continuation of colonial-era policies of repression and mass incarceration.
“Mr. President, police jail stints and prison congestion are hallmarks of colonial trauma we are committed to ending. The Radical New Bar will not stand idly by while our justice system perpetuates these injustices,” Ssemakadde stated, pledging to hold law enforcement and the judiciary accountable.
“We shall deal firmly with errant police officers and malicious prosecutors through Sections 10, 11, 12, 14, and 15 of the Human Rights (Enforcement) Act,” he affirmed.
Going forward, Ssemakadde urged the Director of Public Prosecutions to prioritize thorough investigations before making arrests or else officers are likely to face consequences if they adhere to it.
“No person should be arbitrarily deprived of their liberty due to bureaucratic incompetence and overreach,” the Law Society President emphasized, stressing the need for fair and efficient prosecution processes.
Ssemakadde also criticized what it described as the “police-to-prison pipeline,” which disproportionately targets marginalized groups, including the poor, civil society activists, and political opposition members.
“It is time to break the police-to-prison pipeline that disproportionately targets the poor, civil society activists, and the political opposition, and forge a new path that prioritizes justice, equality, and human rights,” the ULS boss reaffirmed.
Ssemakadde, therefore, called for a justice system that upholds equality and human rights, urging stakeholders to embrace reforms that serve the public good. “Let us build a justice system that truly serves the people in this New Law Year. We owe it to ourselves, our children, and future generations.”
What the Law says
The Uganda Police Act, states that police bond is provided for in the Criminal Procedure Code Act and the Police Act. The law further dictates that police bonds are free, and criminal suspects as per the constitutional mandate are supposed to appear in court for answerable charges, or else be released within 48 hours of arrest, pending further investigations.
Based on this, Ssemakadde says the Presidential directive contravenes the law, and police officers are likely to face consequences if they adhere to it.
“I refer you and the President to Article 99. And I refer every police officer to Section 11 of the Human Rights Enforcement Act. Liability against going against the law is personal, okay? The President of Uganda doesn’t make law by decree. To the people he has written, okay, superior orders, presidential orders and directives are not law and are not a defence,” he said, citing Article 99 (2) of the Constitution states that the President shall execute and maintain this Constitution and all laws made under or continued in force by this Constitution.
“That is an act of presidential overreach, and it shall receive stiff resistance from the citizens of Uganda. And from the bar. This overreach is not new. And the bar has fought it consistently, capably, competently, proudly and gallantly,” he added, emphasizing that the ULS resists the declaration and maintains adherence to the law.
The Law Society’s bold stance reflects its commitment to safeguarding human rights and ensuring justice for all citizens, particularly in the face of policies that threaten these principles.
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