‘Museveni Wants to Usurp Court Powers’

Emmanuel Mulondo

16 May 2011

Opposition politicians and social and political commentators yesterday criticised proposals by President Museveni to scrap the right to bail for “demonstrators and economic saboteurs”, describing it as an attempt to usurp the powers of courts and to further silence his critics.

“This will be the most outrageous proposal coming from government. It will be another rape of the Constitution,” Uganda Peoples Congress secretary-general John Odit said.

The President over the weekend summoned NRM legislators to State House Entebbe and reportedly asked them to support a constitutional amendment that would deny bail to “such people who go on rioting”.

He wants the matter to be a priority for the 9th Parliament.

Sources who attended the Saturday meeting said to avoid being seen as targeting the opposition, the President, who wants bail denied until after 180 days on remand, said his proposal targeted capital offences such as defilement.

‘Dreaming like Amin’

But Mr Odit and a number of other critics said the proposal run contrary to the constitutional presumption of “innocent until proven guilty”, arguing that remanding a suspect for 180 days is akin to condemnation.

Mr Odit said the proposal pointed to rule by decree reminiscent of Idi Amin.

“Amin was in Karamoja and dreamed that Indians should be expelled. He came to Tororo and effected his dream. Later he dreamed that all land should belong to government and that also became law. We are increasingly seeing the same happen under Museveni,” Mr Odit said.

But when contacted yesterday, Local Government minister Adolf Mwesige told this reporter to “wait for what we shall produce.” Mr Mwesige, who was appointed on a committee to study the proposal, said they are yet to do their work.

But Peter Walubiri, a legal practitioner and UPC member, called the proposal a “hallmark of an absolute dictator”. “What Museveni is doing is to take away the power of court and invest it in himself,” he said.

He said the essence of remand is to ensure a suspect appears in court for trial and courts have been judiciously giving or denying bail based on this notion.

He proposed that instead of “filling jails with remand suspects, the President should improve the skills of police to expedite investigations and trials and fill jails with convicts.”

Reject it

“We shall definitely resist it,” DP secretary-general Mathias Nsubuga said, adding that he was surprised the President was mooting dialogue with the opposition yet he remained belligerent against them. The proposal, he said, would be an obstacle to any talks.The newly-elected Uganda Law Society president, Mr Mukasa Ssebugenyi, said ULS was taking the matter seriously.

“I have appointed a committee to study the subject of bail and explain to the public what it entails and who qualifies or does not qualify for one. We shall look at what the President is proposing and if we find his proposal targets particular citizens, then we shall tell him that is not right. If he is not listening, we will refer the matter to the Constitutional Court,” he said.

Activist Sheila Muwanga of the Foundation for Human Rights Initiative, said the amendment is against the presumption of innocence and affects the right to free expression.

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