Tuesday, 27 June 2017

Do Ugandans Know the Law?



A few days ago I was assigned a couple of errands to run and I found myself having to move up and about the city on regular occasions. On this particular occasion I was on a Bod

aboda at Wandegeya traffic lights. I saw vehicles moving randomly without having to follow the signal of the lights. I immediately struck up a conversation with the person on whose boda I was riding. We spoke casually and I went as far as asking him about how these lights work because within me, I was at a loss understanding them. But his answer was plain and simple, “in Uganda there is no law”. I held my breath as the sad reality settled within me. I probed on for more and being a law student I found a lot that pricked my mind into thought. The truth was staring hard in my face yet I seemed not to understand the basics. I always sat in my lectures with the perfect feeling that after arming myself with all the laws there are, I would walk into the world and conquer it. For once I came within the boundaries of thinking that I was at University just because it was my next level in life. However on further meditation I saw some undertones of truth laced the man’s statement, it is rather time we faced the facts.

Uganda has a wealth of statutes that have been enacted by our honorable Parliament. The first piece of legislation that crosses one’s mind when they think about the road is The Traffic and Road Safety Act. This one emphasizes in its very first section that for a motor vehicle to be fit to go on the road, it must have all its parts in good shape. The reverse seems to be true and no wonder we are being made to pay very heavily with the increased road carnage on our roads. That is only one of the many examples that require one to be law abiding. For almost every activity done, there is a law in place governing it. One’s knowledge about it is only a secondary matter altogether. The late AIGP Andrew F Kaweesi said in his last interview before his brutal murder that three things are constant in life; death, sickness and crime. The people know the law but willingly go against it and that is crime. All men have crimes but most of them are hidden.
 Two things are normally prerequisites for any law abiding citizen. The first is their knowledge of the law and the second is their ability to abide by it. Statistically speaking I don’t need to be a statistician to know that majority of Ugandans do not know that there is a Traffic and Road Safety Act but however I can guarantee that majority know of the various provisions therein which include driving vehicles in good mechanical conditions, not to overload for public vehicles, to avoid careless driving and many other road faults. Majority Ugandans know that once one is sentenced to death but is not hanged in the first 3 years then that automatically transforms into life imprisonment but very few know that it was court decision in the Susan Kigula case. What that means is that the crimes people commit are not because they do not know the law but rather try so hard to circumvent it and find a way out. The hard questions will then be asked, that if we know the law then why are we treated to daily scenes of reckless road usage? Why are we witnesses to diurnal battles between police and hardcore criminals. It all goes back to ourselves, who have seen and allowed our society to decay, and have also accepted to go down to posterity with it. I have always given as a way of illustration the simple example of a driver who bribes a traffic officer for overloading his car. There are three parties involved here. The first is the driver who well knowing it to be an offence goes ahead to have excess passengers in his vehicle, the second party is the traffic officer who receives the bribe yet it is their duty to make sure that people are safe on roads and lastly the passenger who accepts to be the subject of the bribe because he/she has accepted to be that excess passenger who is otherwise not to be present. Each one in this case has the capacity to break the chain because their abscondence from participation will leave little ground for the occurrence. If therefore everyone woke up today and said they would not be an excess passenger then it is highly unlikely that you would see bribery on roads, if every driver woke up today and decided that they would not over speed, that they would not drink and drive, that they would not drive while on phone then we would definitely see a reduction on road carnage. The most important improvement however would be if every traffic and police officer woke up and decided that they would not take or compromise on any one who breaks the law. That would be the biggest breakthrough since the birth of this our nation. It would not require using the 7 billion phone app that was developed to track traffic fine defaulters and neither would it require you create very harsh penalties for the defaulters, the default mode would be set and that would be the standard for society
But how did we get to where we are now? I have since come to agreement with the one who said that poverty is the mother of crime. For all the crimes that are committed today, it is because of the startling poverty levels our country is facing today. Many may claim that the rich are also part of these crimes, but never ever be deceived as to believe that poverty is merely the absence of money.