48-hour rule on detaining suspects should stay, says Mao

Anthony Wesaka

Justice and Constitution-al Affairs Minister Norbert Mao has said the 48-hour constitutional rule in which to take a suspect to court or be released on bond should be maintained.

Minister Mao argued that personal liberties are very important and that it is not correct to amend the law and extend the 48-hour holding period for suspects.

“…If you assess that the evidence is not enough on the file, then release the person to go home, after all, the State has a very long arm,”he said while officiating at the 28th joint Government of Uganda-Development Partners Access to Justice (JLOS) report launch on Friday in Kampala. 

He added:“It can even collect you (the suspect) after releasing you. The State is so powerful,it can get you any time if it wants anyway.”

The caution by the minister comes amid calls in prosecution and security circles to have the 48-hour rule amend- ed upwards. Their core argument is that the period is too short to gather sufficient evidence against a suspect, especially those facing capital offences, and secure a conviction in court.

While speaking at the East Africa Association of Prosecutors (EAAP) meeting early this year, Director of Public Prosecutions (DPP) Jane Frances Abodo reasoned that the 48-hour rule was introduced in the Constitution in 1995, about 28 years ago, and that crime has since evolved.

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