URA prepares for digital car plates after court throws out case

Court Dismisses Appeal Seeking To Block Implementation Of Vehicle Tracking Devices

Kampala, Uganda | THE INDEPENDENT | The Court of Appeal in Kampala has dismissed an application filed by Legal Brains Trust, a non for profit organization seeking for a temporary injuction to restrain government from going ahead to install vehicle trucking devices.

The application which has been dismissed by the Court of Appeal Justice Oscar Kihiika sought to restrain the government from implementing the plan that arose from President Yoweri Kaguta Museveni as a way of fighting crime involving motor vehicles and motorcycles.

Uganda Revenue Authority (URA) will therefore implement the issuance of new digital plates effective July 1, 2023, a source has revealed.

There will be a new series of registration numbers for all vehicles plus installation of tracking devices. All vehicles will pay sh735,000 for replacement of number plates effective July 1.

In July 2021, 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 Civil Division.

At the High Court,  Legal Brains Trust filed  a main case seeking to nullify the decision and also filed an application seeking for 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.

But the application for a temporary injuction  was dismissed with costs by Justice Boniface Wamala on February 7th 2023 .

Disatisfied with the dismissal, Legal Brains Trust through it’s lawyers Stanley Okecho and Roger Mugabi appealed in the Court of Appeal seeking the same orders like in the High Court.

However, the government through State Attorney Allan Mukama opposed to the grant of the order arguing 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.

Government relied on the affidavit of Hajji Yunus Kakande  who indicated  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  was way back in December 2018.  Government added that the 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.

Kakande added that although the financial model has not yet been approved, it was not mandatory for a foreign company intending to do business in Uganda to register with URSB. According to him, the agreement in issue is not governed by procurement laws.

He said the implementation is not a breach of the right to privacy as it will not be used to trail ordinary law-abiding citizens but only serve to aid law enforcement in case of commission of a criminal offence “and, as such, the derogation of the right to privacy is demonstrably justifiable under the law.

The Attorney General as the respondent thus asked Court to dismiss the application saying that if the decision is implemented, the applicants will not in any way suffer prejudice or irreparable damages.

In his ruling delivered on Monday, Justice Kihiika has agreed with the government and dismissed the application saying that he found difficulty in granting the reliefs sought more so after government arguing that the policy was put into place to curb criminality.

“The respondent/Attorney General, as I understand it, argues that the policy has been necessitated by the rise in criminal activities which ought to be curbed so as to ensure safety of the citizenry. I find difficulty in appreciating the argument for irreparable loss in the context of the matter that is being litigated,” said Kihiika.

According to Kihiika, the current status  quo is that the policy is yet to be implemented and if it was to be implemented, he was not ably convinced what loss Legal Brains Trust was going to suffer.

“In my understanding, the applicant has to show that the damage bound to be suffered is such that it cannot be undone. No amount of monetary can  recompense and restore the injured party to the position he or she was before the damage was visited on the individual,” said Kihiika.

He added that Legal Brains Trust has not demonstrated the injury they are likely to suffer if the ITMS is implemented and added that he is agreeing with the government ‘s submission that the implementation of the Intelligent Transport Monitoring System will only require persons who own cars to obtain new number plates that are embedded with digital tracking capacities.

‘The inconvenience likely to be suffered as a result of this move can be sufficiently atoned for in damages since all people who will acquire the new number plates will pay a specific sum of money which is ascertained and can be receipted”, added Kihiika.

According to the Kihiika who sat as a single Justice of the Court of Appeal in this case, if the implementation is done and people asked to buy new number plates , the same can be reimbursed to all persons who will have incurred the expense.

“In the circumstances of the matter before me, the pending appeal seeks to overturn the decision of the High Court which refused to grant the order of a temporary injunction.  I were to grant this application it would amount to determining the appeal. The Respondent would therefore suffer an injustice if the orders in this application would in effect determine the pending appeal. The balance of convenience therefore tips in favour of the Respondent/Attorney General,” added Kihiika.

*****

URN