President Museveni
President Museveni’s threat to call a referendum on his proposal to scrap the constitutional right to bail for specific offences yesterday drew criticism from human rights activists and the law fraternity outraged by what they say is an attack on the fundamental freedoms of Ugandans. While meeting ruling party MPs at State House, Entebbe, on Monday night, Mr Museveni said he will call a public vote on bail if Parliament, where the proposal has been met with some resistance, rejects his wishes.Mr Museveni wants people accused of participating in protests, riots, engaging in economic sabotage, treason, rape, murder and defilement to be held for not less than 180 days (six months) before they can be granted bail.
Article 23(6) of the Constitution, however, provides for the right of suspects to apply for bail which court may grant on such conditions as it considers reasonable.Yesterday, the Uganda Law Society (ULS), which has a statutory mandate to “protect and assist the public in Uganda on all matters touching, ancillary or incidental to the law”, advised against the course of action proposed by the President.The society’s president, Mr James Mukasa Sebugenyi, said: “As ULS, we maintain that granting of bail should remain a judicial discretion under the current legal regime and precedents.”Mr Sebugenyi warned that enacting laws targeted at specific citizens would contravene the basic tenets of the rule of law. If a referendum is called over this matter, Mr Sebugenyi said, it would test the fabric of constitutionalism in the country.The proposal, which has also been criticised for its apparent assault on the crucial principle of presumption of innocence, is also viewed as a ploy to punish Mr Museveni’s political opponents and a direct attack on the constitutional guarantees to protect inherent human rights and freedoms.Mr Livingstone Ssewanyana, the executive director, Foundation for Human Rights Initiative, said they would challenge Mr Museveni’s proposal in court if it ever became law.
http://www.monitor.co.ug/News/National/-/688334/1200930/-/bl79gtz/-/index.html
Article 23(6) of the Constitution, however, provides for the right of suspects to apply for bail which court may grant on such conditions as it considers reasonable.
Yesterday, the Uganda Law Society (ULS), which has a statutory mandate to “protect and assist the public in Uganda on all matters touching, ancillary or incidental to the law”, advised against the course of action proposed by the President.
The society’s president, Mr James Mukasa Sebugenyi, said: “As ULS, we maintain that granting of bail should remain a judicial discretion under the current legal regime and precedents.”
Mr Sebugenyi warned that enacting laws targeted at specific citizens would contravene the basic tenets of the rule of law. If a referendum is called over this matter, Mr Sebugenyi said, it would test the fabric of constitutionalism in the country.
The proposal, which has also been criticised for its apparent assault on the crucial principle of presumption of innocence, is also viewed as a ploy to punish Mr Museveni’s political opponents and a direct attack on the constitutional guarantees to protect inherent human rights and freedoms.
Mr Livingstone Ssewanyana, the executive director, Foundation for Human Rights Initiative, said they would challenge Mr Museveni’s proposal in court if it ever became law.
http://www.monitor.co.ug/News/National/-/688334/1200930/-/bl79gtz/-/index.html
http://www.monitor.co.ug/News/National/-/688334/1200930/-/bl79gtz/-/index.html
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