Skip to main content

PROSECUTORS STRIKE SHOULD NOT DELAY TRIALS

By
by Fred Muwema
The current strike by Government prosecutors which has been going on for almost two months now, though merited, is not desirable.This is the longest period any prosecutors anywhere in the world have been on strike. The other prosecutor strike this year in Ghana which was also grounded in pay did not last two weeks. They were sorted out timeously by the Government of Ghana so as to stave a national embarrassment. The prosecutors strike in Israel in April 2015 lasted 43 days and it was an agitation over political interference in their work. As a country, we cannot be proud of this world record set by our prosecutors. We have actually gained nothing from this prosecutors strike apart from damaging our reputation as a serious nation. 
Unfortunately, the Courts are making it worse by stopping criminal trials because of the absence of the prosecutors. A court is a revered place where everyone including the state must submit to its jurisdiction and authority. We all know that when Court sits, it waits for no man be it a government or private lawyer. Even the presence of an accused person can be dispensed with in a trial if he or she misconduct themselves. It is surprising that the Courts have chosen to take leave from duty while the prosecutors are also away from duty. The Constitutional command that justice shall not be delayed is not subject to dilution by any person or organ of the state including the Courts.Therefore the Courts should be reminded that they are denying justice when they delay justice to accused persons because of the prosecutors strike.

 I must stop here if only to acknowledge the Court of Appeal which is presently hearing criminal appeals and applications in the absence of the prosecutors. This Court is holding the stick from the right end since it has not allowed itself to become an extension of other peoples’ strike. This Court should be commended for remaining open for business and observing its cardinal role of granting access to justice to all people for as long as they appear before it.
I, however, cannot say the same about the High Court and Magistrates Courts. They have largely closed their doors to accused persons who have come to them to receive their non-derogable right to be heard in a fair, speedy and public trial guaranteed by the Constitution. All cases called in the present criminal session at the High Court in Kampala did not proceed because of the absence of the prosecutors. In one or two cases, the Court has proceeded to hear a case where the DPP has selectively appointed some Police Prosecutors to stand in for the prosecution. The Rukungiri magistrates Court has also recently handled the Togikwatako case of Dr. Kizza Besigye while Magistrates Courts in Kampala have handled the case of Stanley Ndawula of the Investigator and the Redpepper Editors wherein all the three cases, the DPP has appointed special prosecutors. So it appears that only accused persons with cases where the government has an interest can be heard at the moment. This favors some accused persons against others and promotes a new regime of preferential treatment which is unconstitutional.

In the Chief Magistrate Court of Makindye, I have found that more than 1874 criminal cases have stalled because of the prosecutors strike. According to the Magistrates Courts (magisterial areas) instrument 2017, there are 83 magisterial areas with 476 magistrates Courts. Even if we were to average out 500 cases to each Magistrates Court, this would translate into 23800 stalled cases and more than 24000 Ugandans in detention without trial. Adding this number of detainees to our prison service which is already crammed and operating at 200% of installed capacity is a disaster of epic proportions.
My sense is that it is the executive and not the Courts supposed to sort out the prosecutors strike.The Courts must not bear responsibility for the prosecutors strike by adjourning trials because of the executives in action to resolve the matter. Criminal Courts should not punish accused persons with extended detentions as if it is their fault that the prosecutors are on strike. An accused person commits no offense when the prosecution arrests him but fails to prosecute him. His or her right to a fair and speedy trial when presented in Court is absolute.It cannot be taken away  even in a state of emergency let alone industrial action by the people supposed to prosecute them. In fact, any trial which is mounted in violation of this fundamental human right is not a trial at all. It is a nullity which cannot be sanctioned by  the Court however strong  the evidence against the accused might be. There is no reason why Courts should allow ordinary Ugandans to rot in jail because of the Government malfunctions.It is not right, it is not fair.
                                              
                                                      Dated: 1st December 2017.


                 The article “PROSECUTORS STRIKE SHOULD NOT DELAY TRIALS” 
                     by Fred Muwema  (Managing Partner Muwema & Co. Advocates)
                                                       © 2017. All rights reserved

Comments

Post a Comment

Popular posts from this blog

REPLY TO COMMENT ON FAKES AND KIDNAPS ARTICLE.

By
Dear Editor, Eagleonline. Just when Angelo was penning his response to my article on fakes and kidnaps where he tried to discount the menace of counterfeits, the Government of Uganda was declaring 3 days of mourning due to a nasty road carnage caused by fake brakes that left 22 dead in Kiryandongo District. I say fake brakes because I watched with dismay on TV when one of the lucky survivors lying in pain on a hospital bed narrated that the driver of the bus had tried to stop the bus but the brakes failed. A 2016 report by the Ministry of Transport indicated that 95% of road accidents are caused by human error and mechanical condition of the vehicles. This is where counterfeits in the form of fake driving permits and fake vehicle parts lurk. This is the savage image of counterfeits that most people choose not to see. Angelo’s views may appeal to many people who pay scarce attention to the immense devastation that counterfeits are causing to whole communities and economies i...
Post a Comment
Read more

THE LINK BETWEEN MOBILE MONEY AND FAKE MONEY

By
 by Fred Muwema  The recent  story  about  the URA seizure  of  counterfeit  currency  notes worth Ushs.189M at the Busia  Border  on the 22 nd  /10/17 was significant  in many  ways. First it gave a clear indication that there is demand for counterfeit money in Uganda which explains why the culprits could risk importing it. Second, the demand for counterfeit money is channeled through the uncontrolled growth of mobile money transaction whose value is now in excess of Ushs. 15 trillion (approx. $  4Bn). Despite  its strong  economic attributes which includes the promotion  of  financial inclusion ,the mobile money  platform  in Uganda  today  provides  the weakest  link  in our  financial  system .It provides  the easiest  entry  point  for fake  money  and I have no doubt  that the impounded counterfeit...
Post a Comment
Read more

How Counterfeits will Fail Plan for Middle Income in Uganda

By
by Fred Muwema The government push towards middle income by having an estimated 5 million working class Ugandans earn a minimum of USD 1,040 p.a ( approx. Ushs 3.7M) is an ambitious plan which is desired but may instead benefit counterfeit business in the process. To understand the magnitude of the problem, you need to know that the global value of counterfeit traded goods has surpassed the national GDP of more than 150 economies in the world according to the World Bank .If you consider that the combined nominal GDP of Africa is USD 3.3 Trillion and that of Uganda is only USD 26 Billion, you can contextualize the problem. This means that counterfeiting which is a form of organized crime, also politely referred to as illicit business has the capacity to break or distort any economic programme or economy in any African Country. As the Government attempts to increase the income of Ugandans, it needs to find out what economic activity will produce this income, what the p...
Post a Comment
Read more