Attorney General defends gov’t in case challenging vehicle tracking devices

Kampala, Uganda | THE INDEPENDENT | The Attorney General Kiryowa Kiwanuka has defended the government’s decision to introduce vehicle tracking devices. The Attorney General says that the devices will only be used to trail suspected criminals but will not in any way interfere with the right to privacy of ordinary law abiding citizens.

This is contained in an affidavit submitted to the court by the lawyers from the Attorney General’s chambers which is contained in an affidavit by Hajji Yunus Kakande, the Secretary to President Yoweri Museveni.

Last week, Legal Brains Trust filed an application challenging the decision by the government to have all vehicles and motorcycles fitted with security tracking devices.

Last month, the government signed an agreement with a Russian company, Joint Stock Company Global Security to provide digital trackers to all vehicles in the country.

President Museveni said that the tracking devices will help deal with criminals who he said use vehicles and motorcycles to kill people and then disappear without a trace.

But Legal Brains Trust which is headed by Isaac Ssemakadde was not happy with this decision hence challenging it before the High Court.

The organization asked the court to issue a temporary injunction restraining the government and all her agents from enforcing the presidential directives, cabinet resolutions, agreements, contracts, statutory instruments and other documents by whatever name called.

Court heard that unless restrained, the conduct of the Attorney General and other persons or authorities interested in the challenged surveillance program will create a chilling effect on freedom of expression, freedom of association, freedom of movement and a bundle of other rights and freedoms, and is thus detrimental to the public good or welfare or good governance.

However, the Attorney General argues that, “the implementation of Intelligent Transport Monitoring System-ITMS in Uganda is not a breach of the right to privacy because the system will not be used to trail ordinary law-abiding citizens, but will only serve as a backup to trace vehicles and motorcycles used in the commission of criminal offences.

The affidavit by Kakande indicates that the government signed a Memorandum of Understanding on July 23rd, 2021, with the Joint Company Global Security to carry out a feasibility study for ITMS, and that way back in December 2018.

He adds that a Technical Committee comprising of officers from the National Enterprise Corporation, Uganda People’s Defense Forces- UPDF, Ministry of Security among others, conducted due diligence on the company and concluded that it could undertake the project.

According to the government, “the law permits for the collection of data for national security and prevention, detection, investigation of an offence or breach of the law”.

The government also contends that the information collected shall be processed and stored through an Intelligent Transport Monitoring System which is subject to the data protection principles provided for in the law.

The affidavit adds that, “as a standard practice, the ITMS will have several approval hierarchies for a few selected officers justifying and giving reasons why a given vehicle should be tracked”.

Kakande also states that the financial model which shall be the basis to determine the cost, financing and return on investment under the agreement has not yet been approved.

On the issue of registration of the company, the government says that it’s not mandatory for a foreign company intending to do business in Uganda to register with the Uganda Registration of Services Bureau and also the agreement between the two is not governed by procurement laws.

“I have been advised by Attorneys in the Attorney General’s chambers that the applicant had not proved it will suffer any irreparable injury not atoneable by the award of damages in case this application is not granted”, reads the affidavit in part.

The Attorney General now wants the application dismissed with costs saying that it has no merit, is an abuse of court process because the government has a Constitutional duty to protect all its citizens and to prevent and detect crime.

The matter will now return to court on August 27th 2021 before Justice Boniface Wamala.

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