In a strongly worded statement released Wednesday, the lawyers welcomed the Ministry of Works and Transport’s move to suspend implementation of the rules following public uproar but insisted that “mere suspension is insufficient.”
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Left to Right: Electoral Commission Lawyer Eric Sabiti and Mohmed Mbabazi, Nalukoola's lawyer.
A coalition of Ugandan legal professionals has demanded the full revocation of the Express Penalty Scheme (EPS) Regulations and Speed Limit Regulations, describing them as illegal, unconstitutional, and procedurally defective. In a strongly worded statement released Wednesday, the lawyers welcomed the Ministry of Works and Transport’s move to suspend implementation of the rules following public uproar but insisted that “mere suspension is insufficient.”
“The Minister’s powers under section 165 of the Act are limited to issuing regulations for the effective implementation of the Act. They do not extend to creating new offences or amending penalties set by Parliament,” the statement reads in part. The legal minds argue that the EPS regulations were enacted under the wrong legal provision—Section 157 of the Traffic and Road Safety Act—which they say applies to obstruction and parking offences only.
“Speeding is not one of the offences listed under section 157. The use of this section to create an EPS for speeding offences is therefore unlawful,” the lawyers noted. They also pointed out that the EPS notices being issued by the Uganda Police cite non-existent legal provisions. “The EPS notice cites laws that do not exist, such as ‘Article 119A(a)’ and ‘Section 165A.’ These are not part of any published law in Uganda.”
The lawyers also condemned the 50% surcharge for fines not paid within 72 hours, calling it “illegal and outside the scope of ministerial authority.” They raised serious constitutional concerns, stating that the enforcement framework disproportionately targets low-income Ugandans and denies motorists a fair hearing.
“The regulations have become more of a revenue collection tool than a traffic enforcement mechanism. Citizens are being coerced to pay without due process, which offends their constitutional right to a fair hearing.” Regarding the Speed Limit Regulations, the lawyers highlighted that it punishes vehicle owners instead of actual drivers.
“The owner may not be the one driving at the time of the alleged offence. The burden of proof should not be on the owner to show that they were not the driver.” They also criticized vague terminology in the regulations, such as “urban road,” “high human and vehicular activity,” and undefined zones around schools or churches. “Citizens must know what is legal and what is not. Ambiguity in the law creates room for arbitrary enforcement.”
The group further warned that enforcement mechanisms are flawed, citing inconsistencies with the 2004 regulations and a lack of harmonization with existing road signage. “There is a mismatch between what the law requires and what is practically on the ground. Many roads do not have clear signs indicating new speed limits.”
The lawyers concluded by calling for a complete repeal of both regulations and a refund of all penalties already paid under the EPS framework. “We demand that the government revoke both the Express Penalty and Speed Limit Regulations and refund all monies collected under these unlawful provisions.”
The statement was endorsed by 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.
