Saturday 13 August 2011

Bail is defined as an assurance undertaken by an authorised individual known as asurety that agiven suspect will appear in court to answer charges against him when called upon.The purpose for grantig bail is not only to meet the presumption that one is innocent until proven guilty and that one has a right to liberty but also to avoid congestion in prisons as prisons are meant for convicts but not for persons awaiting trial.In most countries operating common law system under which uganda subsribes the application of bail is a right but ganting it is not a right and neither is is mandatory nor automatic except in a few instances Considering the recent announcements by the president of uganda that he is going to amend the constittution on the issue relating to bail, I see no reason for ammendment as the constitution of uganda doesnt make bail granting mandatory and neither does it make it a right and each court decision will be a matter of fact after court is satisfied that one has to be granted or denied bail but not to deny right completely under Article 23(6)a its states that one is ENTITLED to apply for bail and court MAY grant it to him on grounds it deems reasonable and the courts of uganda in the case of DPP V Col(RTD) kizza Besigye it was interpreted to mean that where as one has a right to apply for bail ,he doesnt have a right to be granted bail whereby the word ENTITLED creates a right to apply for bail and the word MAY creates a discretion to the court to grant or not to grant bail and court can deny one bail on reasonable grounds for example if its convinced that the suspect is going to interfere with the witneses ,that he will abscond,will comit an offence while on bail,and also if its for his own protection In this case when the president claims to remove bail in relation to some specific offences through parliament ,i think parliament will be operating beyond thier areas of operation as court will have no powers and also to note is that having bail appLication as a right in the constitution is another thing and leaving it out completely is another as this is not the way of governance in afree and fair democratic society And also important to note is that the president should no that uganda belongs to 32million people and that it doesnt belong to two people(him and KB) therefore making law targeting one person is bad legislation and only acceptable in dictatorial governmentsBail is defined as an assurance undertaken by an authorised individual known as asurety that agiven suspect will appear in court to answer charges against him when called upon.The purpose for grantig bail is not only to meet the presumption that one is innocent until proven guilty and that one has a right to liberty but also to avoid congestion in prisons as prisons are meant for convicts but not for persons awaiting trial.In most countries operating common law system under which uganda subsribes the application of bail is a right but ganting it is not a right and neither is is mandatory nor automatic except in a few instances Considering the recent announcements by the president of uganda that he is going to amend the constittution on the issue relating to bail, I see no reason for ammendment as the constitution of uganda doesnt make bail granting mandatory and neither does it make it a right and each court decision will be a matter of fact after court is satisfied that one has to be granted or denied bail but not to deny right completely under Article 23(6)a its states that one is ENTITLED to apply for bail and court MAY grant it to him on grounds it deems reasonable and the courts of uganda in the case of DPP V Col(RTD) kizza Besigye it was interpreted to mean that where as one has a right to apply for bail ,he doesnt have a right to be granted bail whereby the word ENTITLED creates a right to apply for bail and the word MAY creates a discretion to the court to grant or not to grant bail and court can deny one bail on reasonable grounds for example if its convinced that the suspect is going to interfere with the witneses ,that he will abscond,will comit an offence while on bail,and also if its for his own protection In this case when the president claims to remove bail in relation to some specific offences through parliament ,i think parliament will be operating beyond thier areas of operation as court will have no powers and also to note is that having bail appLication as a right in the constitution is another thing and leaving it out completely is another as this is not the way of governance in afree and fair democratic society And also important to note is that the president should no that uganda belongs to 32million people and that it doesnt belong to two people(him and KB) therefore making law targeting one person is bad legislation and only acceptable in dictatorial governments

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