The Uganda Police Force have said that they will continue using the penal act laws in the enforcement of unlawful assemblies, riots and other offences against the public tranquility.
“As you are all aware, the constitutional court, nullified sections 5(b), 10 (3) and 4 of the Public Order Management Act, after they were established to be inconsistent with Article 29 of the 1995 Constitution. Although these sections were nullified, we would like to inform, the public that there are other existing laws under the Penal Code Act, that do regulate unlawful Assemblies, riots and other offences against public tranquility,” Police Spokesperson Fred Enanga told the members of the press yesterday.
Enanga also noted that, in addition, section 5 of the Public Order Management Act, which, basically provides for organisers of a public meeting to notify police, 3 days before the date of the meeting is to convene, still in existence.
“Therefore, all organisers of assemblies and processions, should know that although its their fundamental right to peacefully assembly, they also have a duty to inform the police about the date and time of their public meetings, details of the organisers, location and consent of the venue owner, the number of persons expected, purpose and any other basic information, justified to ensure the smooth conduct of the public meeting.”
He said the organisers also have a duty to adhere to the criteria of holding public meetings like have a traffic assembly plan, provide sufficient stewards proportionate to the number of participants in the public meeting with clearly name tags, coordinate and cooperate with the police to maintain peace and order.
“Section 68 of the Penal Code Act (PCA) provides for a proclamation for rioters to disperse, whereby any magistrate or, in his or her absence, any police officer of or above the rank of Inspector, or any commissioned officer in the armed forces of Uganda, in whose view 12 or more persons are riotously assembled, or who apprehends that a riot is about to be committed by 12 or more persons assembled within his or her view, may make or cause to be made a proclamation in the Presidents name, in such forms as he or she thinks fit, commanding the rioters or persons so assembled to disperse peacefully,”Enanga said.
” In addition, any person who forcefully prevents or obstructs any person making a proclamation under section 68, of the Penal Code Act commits a felony under section 71, and is liable to imprisonment for 10 years; and if the making of the proclamation is so prevented, every person who knowing that it has been so prevented takes or continues to take part in the riot or assembly is liable to imprisonment for 5 years.”
Enanga further revealed that they are aware of individuals and political groups that are ready to defy these remaining provisions of the POMA, Penal Code Act, and the Road Act will take advantage of the right to peacefully assemble to breach peace and cause havoc, disorder, lawlessness and impunity in major cities and towns.
“We have plans to place on how to respond in a discriminate manner, targeting the ring leaders, instigators of violence and perpetrators of these unlawful assemblies, to purposely ensure that the rights of the majority of other Ugandans to life, liberty and property are not deprived by a group of self-seeking activities.”
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