A collective of Ugandan legal experts has issued a strong call for the complete revocation of the newly introduced Express Penalty Scheme (EPS) and Speed Limit Regulations, labeling them unconstitutional, procedurally flawed, and enacted under incorrect legal authority.
In a statement released on Wednesday, the lawyers acknowledged the Ministry of Works and Transport’s decision to suspend the implementation of the regulations in response to growing public backlash. However, they emphasized that a suspension alone is inadequate, stressing the need for a total repeal.
“The minister’s mandate under Section 165 of the Traffic and Road Safety Act is to create regulations that aid the enforcement of the Act not to introduce new offences or alter penalties that are exclusively under Parliament’s jurisdiction,” the statement reads.
The legal practitioners argue that the EPS regulations were inappropriately introduced under Section 157 of the Act, a provision meant for handling obstruction and parking violations. They assert that speeding is not among the offences listed under that section, rendering the current EPS enforcement for speeding illegitimate.
Moreover, they highlighted serious issues with the legal citations on the EPS notices. Some of the laws referenced such as “Article 119A(a)” and “Section 165A” do not exist in any published Ugandan legal framework. According to the group, this undermines the legitimacy of the enforcement process.
Another contentious point is the imposition of a 50% surcharge on fines unpaid within 72 hours. The lawyers contend that this penalty is not grounded in law and exceeds the minister’s regulatory authority.
“This surcharge is punitive and illegal. It contradicts the principles of fair justice and due process, disproportionately impacting low-income earners,” the group said.
The legal professionals also expressed strong objections to the Speed Limit Regulations, particularly the practice of penalizing vehicle owners instead of the actual drivers. They argued that this presumption of guilt infringes on fundamental rights and shifts the burden of proof inappropriately.
They further criticized the ambiguous language within the regulations. Terms like “urban road,” “high human and vehicular activity,” and undefined zones around schools or religious institutions were described as too vague, creating a risk of arbitrary enforcement.
“Laws must be clear and accessible. When definitions are uncertain, it becomes nearly impossible for citizens to comply or challenge violations,” the lawyers stated.
Enforcement of the new traffic rules has also been marred by inconsistencies, the lawyers noted. They pointed out discrepancies between the 2004 traffic regulations and the current enforcement approach, along with a lack of synchronization between regulations and road signage.
“Speed limits must be clearly marked. Without standardized signs, drivers cannot reasonably be held accountable,” they added.
The group concluded by urging the government to completely withdraw both the EPS and Speed Limit Regulations. They also demanded that all fines previously collected under the EPS system be refunded.
“These regulations have morphed into a revenue collection scheme, not a road safety initiative. They violate constitutional rights and must be scrapped in their entirety,” the statement concluded.
The petition was signed by a number of prominent legal professionals, including Mohamed Mbabazi, Lillian A. Drabo, Michael Aboneka, Primah Kwagala, Sarah Kasande, Prof. Christopher Mbazira, William Muhumuza, Ronald Samuel Wanda, Steven Kalali, Ivan Bwoowe, Paul Mukiibi, Mike Okua, Julius K. Warugaba, Antony Odur, Benon Gowa, Ivan Okuda, and Phillip Karugaba.