Mabirizi challenges cabinet decision to put tracking devices in vehicles

Kampala, Uganda | THE INDEPENDENT | City lawyer Male Mabirizi has petitioned the High Court in Kampala challenging the decision by Cabinet requiring every motor vehicle and motorcycle to be fitted with tracking devices at owners’ cost.

On June 29th 2021, the Minister in charge of Security Major General Jim Muhwezi addressed the nation and said that Cabinet had a day before approved the move to have all vehicles and motorcycles fitted with security tracking devices for them to be able to know where any motor vehicle is at any particular time.

The proposal was first made by President Yoweri Museveni in 2018 as he talked about his ten point security master plan to combat rising urban criminality. This was after several murders of Muslim clerics, security and political officials.

But according to Minister Muhwezi, the devices shall require every motorist and motorcyclist to have electronic number plates with an electronic signaler in them to be incurred at the cost of every owner.

This 10 year project is to be handled by a Russian company called Global Systems LLC which will take 70 percent of the money from penalties in the first two years, with government pocketing 30 percent. In the fourth year, the two parties will share the revenue on 50 percent each basis and then government will take 70 percent from the sixth year on wards while the contractor settles for 30 percent.

But according to Mabirizi whose application was filed before the Civil Division of High Court, the Cabinet acted outside it’s mandate, infringing on Ugandans right to privacy without an Act of Parliament from which citizens can be able to ascertain whether the limitations are demonstrably justifiable in a free and democratic society.

“I also know that it is procedurally improper and illegal for cabinet to select a service provider without going through the procurement processes as laid down under the laws,” reads the affidavit in part, referring to the Russian company which is reportedly currently facing bankruptcy litigation at home.

He adds that the Cabinet had no powers to restrict Uganda’s right to privacy without an Act of Parliament.

Mabirizi now wants a permanent injunction prohibiting any Uganda government official from implementing or acting on the strength of the Cabinet decision requiring every motor vehicle to be fitted with tracking devices at owners cost on grounds of being unconstitutional.

Meanwhile, in his omnibus application, Mabirizi has also challenged the decision to give 200 million shillings to Members of Parliament, Vice President, Speaker and his Deputy to buy personal vehicles.

On this, Mabirizi argues that “there is no law empowering the respondents (Attorney General and Parliamentary Commission) to pay members of Parliament money for vehicles thereby making the payment illegal”.

He also opposes the apparent double supply/payment to “the Vice President, Speaker and Deputy Speaker, Prime Minister, Leader of Opposition in Parliament, Cabinet and Ministers of State who have vehicles attached to their respective offices and so cannot lawfully receive money for vehicles as Members of Parliament.”

He now wants his application to be allowed in the interest of protecting the rule of law in Uganda and the monies disbursed to all the legislators to be recovered from them.

The application which is yet to be fixed for hearing lists Attorney General and Parliamentary Commission as the only respondents to it.

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