By Aggrey Baba
Lawyers have put the ministry of works and transport (MoWT) on the spot over the now-suspended Express Penalty Scheme (EPS), accusing it of bulldozing unlawful traffic fines onto motorists without consulting the people or respecting the law.
Through the Uganda Law Society (ULS), legal minds have warned that the automatic traffic fine system, introduced under the Intelligent Transport Monitoring System (ITMS), was rushed, unconstitutional, and tilted against ordinary Ugandans who now risk being fined into poverty for offences they were never properly informed about.
Speaking during a press briefing in Kampala earlier this week, ULS Vice President Anthony Asiimwe faulted the MoTW for what he described as backdoor legislation.
According to him, the government introduced the new EPS rules without properly involving the public, Parliament, or legal experts (something that offends the principles of transparency and inclusive governance).
Motorists were being fined for offences like speeding, overlapping or driving with expired documents, all detected by roadside cameras and linked to digital number plates. But the manner in which the fines were being issued drew instant backlash.
People were receiving messages on their phones ordering them to pay within 72 hours or face a 50% penalty on top of already steep fines, some starting at UGX 200,000, with those who failed risking being blocked from renewing driving permits or even travelling abroad.
Lawyers say this went against the constitutional right to a fair hearing, and amounted to punishing people before giving them a chance to defend themselves.
“This approach is not only high-handed but also legally unsound,” Asiimwe told reporters.
One of the biggest issues raised by ULS is that the system penalized vehicle owners regardless of who was actually driving at the time of the offence. This, they say, is unjust and goes against the principle of personal liability, especially in cases involving hired cars, company fleets, or family vehicles used by multiple drivers.
In such cases, the registered owner bears the burden, even if someone else committed the offence.
ULS also flagged inconsistencies between the new EPS regulations and Uganda’s older traffic laws, saying the clash created confusion not just for the public but also for the law enforcers on the road.
They argued that this legal mess had left Ugandans unsure about which rules apply, and how to defend themselves when wrongly fined.
According to the law society, the government had turned what was supposed to be a road safety initiative into an income-generating venture that hurt the poorest most.
The lawyers further warned that the system’s payment deadlines and the 50% surcharge were excessive and targeted mainly at low-income earners who can’t afford to respond quickly, believing such a structure not only punishes poverty but also fuels public anger towards law enforcement.
They have now called for a complete review of the entire traffic enforcement approach, and asked Parliament to exercise its oversight role to ensure that any regulations introduced by ministries are in line with Uganda’s Constitution and protect the rights of citizens.
Although President Museveni, while addressing the nation on Thursday, downplayed the EPS as a money-making scheme and instead framed it as part of a wider plan to strengthen national security, lawyers remain firm that road safety must not come at the cost of the rule of law.
ULS insists that public order should be pursued in a lawful manner and through systems that give every Ugandan a fair chance to be heard. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
