Parliament has granted Busiki County Member of Parliament, Paul Akamba, leave to introduce a Bill seeking to abolish the institution of criminal proceedings by private persons.
Currently, Section 42 of the Magistrates Courts Act allows ‘any person, other than a public prosecutor or a police officer, who has reasonable and probable cause to believe that an offence has been committed by any person’ to institute private prosecutions.
If Akamba’s Bill becomes law, the Director of Public Prosecutions, who in any case has the right, upon an application to the court, to take over any private prosecution, would, together with the Inspectorate of Government enjoy exclusive rights to criminal prosecution.
Roping in the magistrates to cause investigations for purposes of private prosecutions, Akamba said, is a violation of the constitutional right to a fair hearing since such cases could end up being handled by the very investigating magistrate.
Asuman Basalirwa (Jeema, Bugiri Municipality) seconded the motion, saying there is a history of the Office of Director of Public Prosecutions taking over all privately instituted proceedings.
Rose Obigah (NRM, Terego District), said the current dispensation allowing private prosecution is open to abuse by political and business foes of those prosecuted.
The Office of the Director of Public Prosecutions, she said, will do a better job.
Deputy Attorney General, Jackson Kafuuzi asked for more time to allow the Office of the Attorney General to form an opinion on the proposal.
