Rt. Hon. Speaker
Hon. Members of Parliament
1. On 25th July 2008, I received my copy of a letter, ref SP/8 written to the Clerk to Parliament by the Rt. Hon. Speaker, responding to a petition that Parliament convenes in plenary today, 29th July 2008 to handle business relating to the arrest, detention and subsequent release of the three persons named above.
This petition required Parliament to convene and receive the official Government statement by the Hon. Minister of Internal Affairs on the arrest of the three individuals, who happen to be officials of the Buganda Kingdom. Inter alia, the statement was to state:
i) The personnel who effected the arrest
ii) The subsequent confinement and treatment of the three
iii) The proper procedure for commencement of criminal proceedings
iv) The duration within which such proceedings ought to commence.
2. Mr. Speaker Sir, Hon. Members, Police has been closely monitoring actions and statements made from time to time by some individuals and groups. The statements have been both in the print and electronic media. Investigations were carried out in respect of these statements made by the three individuals that were viewed by Police as amounting to offences of:
i. Promoting war,
ii. Sedition,
iii. Incitement to violence,
iv. Threatening violence and
v. Sectarianism.
In addition, investigations revealed that acting jointly and at times individually, the three engaged in what appeared to be unlawful activities in Kyenjojo, Kamwenge, Kasese, Kibaale, Bundibugyo, Hoima and Kampala Districts. Investigations of the three individuals on Terrorism and other offences are still continuing.
3. At some point during the investigations, it became necessary to arrest the three. On Friday 18th July 2008, Police detectives arrested them, at different times, and from different locations within Kampala.
Mr. Speaker Sir, since some of the acts constituting the alleged offences are said to have been committed in and outside Kampala, it was necessary to transfer them to areas outside Kampala in order to assist the Police in investigations. It is for this reason that it became difficult to adhere to the 48 hour rule regarding detention of suspects in police custody.
4. While the investigations were going on in those areas, Buganda Road Court, on Wednesday 23rd July 2008 issued a court order, ordering for their unconditional release from Police custody. Accordingly, the three were on Thursday 24th July 2008 released from Kyenjojo Police Station.
5. Mr. Speaker Sir, on the basis of evidence that had been gathered, and, in accordance with the law, the three were re-arrested.
· Mr. Medard Lubega and Mrs Betty Nambooze were produced before Nakawa Chief Magistrates court on Friday 25th July 2008 charged with sedition, as investigations continue for other charges of sectarianism, threatening violence, incitement to violence, and promoting war. The two accused were granted bail by court.
· Mr. Peter Mayiga was released on Police Bond at Jinja Road Police station pending further investigations.
6. Mr. Speaker Sir, regarding the specific issues put forward in the petition, I wish to state as follows:
a) The arrests were effected by the Police.
b) The three were at all times in Police custody.
c) Criminal proceedings may be instituted in several ways in accordance with section 42 subsection 1 of the Magistrates’ Courts Act, inter alia, by a Police officer bringing a person arrested with or without a warrant before a Magistrate upon a charge.
It was under this provision that the proceedings against the three were commenced.
d) Investigations start immediately information is received and thereby, criminal proceedings begin.
7. Mr. Speaker Sir, Government in accordance with the Constitution, will continue to carry out its mandate of ensuring security of the people and their property and is unequivocally committed to the rule of law.
8. Mr. Speaker Sir, Rule 60, in the Rules of Procedure of Parliament (The Rule on Sub-judice), does not allow a matter that is before Court to be discussed out of Court. On Friday 21st July 2008, Mr. Medard Lubega and Ms. Betty Nambooze were charged in Court. In view of the above, I am wondering whether discussing this matter out of Court is not Sub-judice. I seek your guidance.
I thank you Rt. Hon. Speaker.
29th July 2008
