Financial Crime World

Decriminalize Section 163 of the Penal Code: A Step Towards Reforming Uganda’s Outdated Laws

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KAMPALA, UGANDA - Human rights advocates are calling for the decriminalization of Section 163 of the Penal Code, a move that would bring about significant reforms to Uganda’s outdated laws.

False Cheques: A Civil Matter

The first issue at hand is the provision of Section 364, which punishes individuals who issue false cheques without reasonable excuse. Critics argue that this offense should be handled as a civil matter rather than a criminal one.

  • Most cases involving false cheques are settled amicably outside of court.
  • It is recommended that the section be decriminalized and handled by the Commercial Court instead.

Witchcraft Act: Unconstitutional and Cruel

The Witchcraft Act has been criticized for its vagueness and lack of precision. The act permits the prosecution to adduce evidence of reputation and common repute, which is unscientific and leads to unconstitutional decisions.

  • The act has been used to encroach on personal and proprietary rights of citizens.
  • It is recommended that the Witchcraft Act be decriminalized.

Enguli (Manufacture Licensing) Act: Outlived Its Usefulness

The Enguli (Manufacture Licensing) Act was passed in 1965 to regulate the manufacture, licensing, sale, and consumption of Enguli. However, with other big companies authorized to produce similar products, this legislation has outlived its usefulness.

  • It is recommended that the act be decriminalized.

National Drug Policy and Authority Statute: Respect for Privacy

The National Drug Policy and Authority Statute No. 13/93 requires the disclosure of a person’s name and the kind of drugs they are addicted to, which is unconstitutional and medically unethical.

  • Article 27 (2) of the Constitution provides that no person shall be subjected to interference with the privacy of their home, correspondence, communication, or other property.
  • It is recommended that this provision be amended accordingly.

Traffic and Road Safety Act: Need for Rationalization

The Traffic and Road Safety Act 15 of 1998 was intended to address the rising number of traffic cases by meting out harsh sentences. However, most fines under the act are disproportionate to the offenses and are rather too high.

  • It is recommended that an urgent study be conducted on the use of prompt fines on site by offenders.

Conclusion

Decriminalizing Section 163 of the Penal Code would be a significant step towards reforming Uganda’s outdated laws. It is essential to prioritize human rights, respect for privacy, and effective law enforcement mechanisms to ensure a fair and just society.