Kampala, Uganda | THE INDEPENDENT | A coalition of Ugandan correct experts has demanded the rotund revocation of the Declare Penalty Blueprint (EPS) Rules and Hobble Limit Rules, describing them as illegal, unconstitutional, and procedurally negative. In a strongly worded assertion launched Wednesday, the attorneys welcomed the Ministry of Works and Transport’s pass to suspend implementation of the principles following public uproar but insisted that “mere suspension is insufficient.”
“The Minister’s powers under share 165 of the Act are small to issuing regulations for the efficient implementation of the Act. They develop no longer prolong to developing unique offences or amending penalties put of abode by Parliament,” the assertion reads in segment. The correct minds argue that the EPS regulations had been enacted under the low correct provision—Piece 157 of the Web page online web page visitors and Road Safety Act—which they enlighten applies to obstruction and parking offences only.
“Speeding is no longer one of many offences listed under share 157. The exhaust of this share to create an EPS for rushing offences is ensuing from this truth illegal,” the attorneys accepted. As well they pointed out that the EPS notices being issued by the Uganda Police cite non-existent correct provisions. “The EPS behold cites laws that develop no longer exist, akin to ‘Article 119A(a)’ and ‘Piece 165A.’ These need to no longer segment of any printed law in Uganda.”
The attorneys also condemned the 50% surcharge for fines no longer paid inside of 72 hours, calling it “illegal and outside the scope of ministerial authority.” They raised severe constitutional issues, declaring that the enforcement framework disproportionately targets low-profits Ugandans and denies motorists a shapely hearing.
“The regulations occupy develop into more of a income sequence tool than a web page web page visitors enforcement mechanism. Residents are being coerced to pay without due process, which offends their constitutional correct to a shapely hearing.” Regarding the Hobble Limit Rules, the attorneys highlighted that it punishes car householders rather than proper drivers.
“The owner could well even just no longer be the one driving on the time of the alleged offence. The burden of proof will occupy to peaceable no longer be on the owner to issue that they weren’t the motive force.” As well they criticized vague terminology in the regulations, akin to “city avenue,” “excessive human and vehicular activity,” and undefined zones around colleges or church buildings. “Residents must know what is correct and what’s no longer. Ambiguity in the law creates room for arbitrary enforcement.”
The community further warned that enforcement mechanisms are fallacious, citing inconsistencies with the 2004 regulations and an absence of harmonization with existing avenue signage. “There is a mismatch between what the law requires and what’s practically on the ground. Many roads develop no longer occupy certain signs indicating unique tempo limits.”
The attorneys concluded by calling for a total repeal of both regulations and a repayment of all penalties already paid under the EPS framework. “We seek data from that the authorities revoke both the Declare Penalty and Hobble Limit Rules and refund all monies mild under these illegal provisions.”
The assertion became endorsed by correct experts, in conjunction with Mohamed Mbabazi, Lillian A. Drabo, Michael Aboneka, Primah Kwagala, Sarah Kasande, Prof. Christopher Mbazira, William Muhumuza, Ronald Samuel Wanda, Steven Kalali, Ivan Bwoowe, Paul Mukiibi, Mike Okua, Julius K. Warugaba, Antony Odur, Benon Gowa, Ivan Okuda, and Phillip Karugaba.
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