Jinja, Uganda | Lawyer Hassan Male Mabirizi has urged both legal professionals and the public to embrace private prosecution as a means to combat impunity and address cases that are often overlooked by the Director of Public Prosecutions (DPP) and the police.
Mabirizi, known for his bold legal strategies, is among the few practitioners actively using private prosecution to challenge influential figures, including politicians and business leaders. "It’s lawful and proper for any individual to commence and continue criminal prosecutions against any person or group until the case is resolved," he stated, referencing a recent ruling by Justice Gadenya in a private prosecution appeal.
During his keynote address at the National Symposium on Private Prosecution in Uganda, organized by the Network of Public Interest Lawyers, Mabirizi highlighted the importance of this legal avenue for individuals seeking justice independently of state channels, which can often be slow or hesitant to act.
Citing constitutional provisions and legal statutes, he argued that initiating a private prosecution is both feasible and legally supported, countering common misconceptions among Ugandans and legal professionals. He emphasized that private prosecution can serve as a vital safeguard against injustices when public authorities fail to take action.
Mabirizi pointed out that Section 42 of the Magistrates Courts Act empowers individuals to file complaints and request the issuance of warrants or summons. With a touch of humor, he criticized legal practitioners for their reluctance to engage with private prosecution since the act's enactment in 1971.
He noted that the first recorded private prosecution case occurred in 2013, and he has since accounted for a significant number of cases.
Many lawyers at the symposium admitted to their hesitance in pursuing private prosecution, citing personal and professional risks. Dr. Josephine Ndagire, a lecturer at Makerere University, acknowledged its potential to combat impunity but also highlighted concerns about malicious prosecutions and the financial burdens of effectively investigating cases.
The risks were further underscored by lawyers recalling their attempts to prosecute former Inspector General of Police Kale Kayihura for torture, noting that many colleagues withdrew from the case due to safety concerns.
George Musisi, another lawyer, stressed the need for greater public awareness regarding private prosecution, pointing out the varied interpretations of the process and the tendency of the DPP to take over and dismiss such cases.
The DPP's involvement emerged as a significant obstacle, with participants noting that it often complicates private prosecutions. However, Mabirizi encouraged advocates to overcome their fears and seize the opportunity to initiate these cases, highlighting that recent legal decisions have clarified that the DPP cannot take over a private prosecution without court consent.
Mabirizi emphasized that the aim of these prosecutions is not solely about securing convictions but also about building jurisprudence for future cases. He expressed optimism about the future of private prosecution, encouraging advocates to start filing cases.
Timothy Amerit, a senior state attorney, defended the DPP, stating that the office does not oppose private prosecution but often intervenes to assist due to its greater resources and expertise. He highlighted that many private cases may lack the necessary evidence, which can lead to their collapse.
To improve private prosecution's effectiveness, Amerit mentioned the DPP's plan to establish a private-public prosecution unit to foster collaboration with private prosecutors.
Lawyer Emmanuel Chandia criticized Uganda’s law curriculum for neglecting private prosecution, arguing that a revised curriculum could enhance understanding and practice in this area.
As discussions continue on advancing private prosecution, a recent proposal by Paul Akamba, Member of Parliament for Busiku County, seeks to eliminate the practice of allowing private individuals to initiate criminal proceedings, indicating ongoing debates about its future in Uganda.
