Justice and Constitutional Affairs Minister Norbert Mao has advocated for maintaining the existing 48-hour constitutional rule governing the timeframe within which a suspect must be taken to court or released on bond.
During the 28th joint Government of Uganda-Development Partners Access to Justice (JLOS) report launch in Kampala on Friday, Minister Mao emphasized the significance of personal liberties, asserting that it is incorrect to amend the law to extend the 48-hour holding period for suspects.
“If you assess that the evidence is not enough on the file, then release the person to go home, after all, the State has a very long arm,” Mao stated. He further added, “It can even collect you (the suspect) after releasing you. The State is so powerful; it can get you any time if it wants anyway.”
Minister Mao's stance on preserving the 48-hour rule comes in the face of calls from prosecution and security circles to amend the rule, arguing that the period is insufficient to gather evidence against suspects, particularly those facing serious charges, and secure convictions in court.
The Director of Public Prosecutions (DPP), Jane Frances Abodo, had previously raised concerns about the 48-hour rule during a meeting of the East Africa Association of Prosecutors (EAAP) earlier this year. She pointed out that the rule was introduced in the Constitution in 1995, approximately 28 years ago, and argued that crime has evolved since then.
As the debate on potential amendments continues, Minister Mao's position underscores the delicate balance between individual rights and the challenges faced by law enforcement in ensuring a fair and effective judicial process.
