DPP to introduce private prosecution office
Jailed city lawyer, Hassan Male Mabirizi arrives at Entebbe Grade One Magistrate on April 13, 2022 to challenge a court decision that allowed the DPP to take over his case against Ruparelia Group of Companies for allegedly dumping soil in Lake Victoria. PHOTOS/ IVAN KAMANA WALUNYOLO
What you need to know:
- The ODPP is working towards establishing a private prosecutions coordination unit that will work directly with private prosecutors once it is operational.
The Office of the Director of Public Prosecutions (ODPP) is set to establish a private prosecution coordination unit that will work directly with private prosecutors. The unit aims to handle private prosecutions efficiently and ensure the timely resolution of cases currently pending in court.
Speaking at the National Symposium on Private Prosecution in Uganda at the weekend, Mr Timothy Amerit, Senior State Attorney, highlighted that the constitution provides for public institutions such as the DPP and the Office of the Inspector General, to conduct criminal prosecutions. Additionally, it allows for private prosecutions by individuals or other authorities.
“The position of the ODPP is clear. We respect the constitution and the fact that individuals have the right to initiate criminal proceedings as they see fit—either through a police officer at a police station or by acting directly as private prosecutors,” Mr Amerit said.
He added, “We have a Department of General Casework, which handles many of these cases. However, the ODPP is working towards establishing a private prosecutions coordination unit that will work directly with private prosecutors once it is operational.”
Mr Amerit noted, however, that cooperation from some private prosecutors has been challenging, which impacts the efficient handling of cases.
“Often, private prosecutors do not cooperate with the ODPP, and my colleague Mabirizi, for instance, is one who tends to keep his cases separate from us. This lack of cooperation is a reason why 83 percent of cases we have taken over have made little progress,” he said.
He added, “Some cases require evidence from particular institutions that may be reluctant to release information. Public institutions and investigative agencies like the CID often face challenges in accessing evidence. This difficulty is even greater for private individuals, but thanks to our collaboration with various stakeholders, we can sometimes secure the required evidence.”
It should be noted that last year, the parliament granted Paul Akamba, Busiki County Mp a leave to introduce a private member’s bill, seeking to end private prosecution in Uganda and have it reserved for only the state.
One of the prominent private prosecutors, Mr Hassan Male Mabirizi, stated that 83 percent of reported private prosecution cases in court belong to him, noting that Uganda's constitution and Section 42 of the Magistrate Courts Act provide ample provisions to support private criminal prosecutions.
“83 percent of the reported private prosecution cases, from the High Court and above, are mine. This underscores the constitutional framework allowing for private prosecution,” Mr Mabirizi said.
Adding: “If we don’t normalize private criminal prosecutions and leave the criminal justice system solely to the Uganda Police and state attorneys, who are often incompetent or corrupt, Ugandans with genuine grievances will never get their day in court. Private prosecution offers an alternative justice path for victims when police lack interest, resources, or have ignored the matter.”
