Why is intelligent transport monitoring system counterproductive in everyway!

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OPINION

By Andrew Mwiine

What is the Intelligent Transport Monitoring System?

The Intelligent Transport Monitoring System (ITMS) is an advanced technology transportation system, AI-powered CCTV and digital number plates, which is intended to:

(1) enhance road safety: reduce accidents and save lives, (2) Improve Traffic flow: optimise traffic management, (3) strengthen security: support national security initiatives and build a safer, more efficient transportation future for Uganda.

The ITMS prior to its implementation was queried by the parliamentary committee, where it was established that the agreement between Joint Stock Company Global Security and the Government of Uganda set out under Article 4 the conditions precedent to the Agreement’s effectiveness, among which was the financial model for the ITMS project. The Committee observed that the private firm will take the largest share of the revenue from fines of 80% compared to the government’s 20%.

It was also noted that the revenue sharing is not proportional to the risk borne by the stakeholders, where the only risk the private company holds is low revenue, which is well mitigated in the assumptions to guarantee a return, while GoU takes on all other risks, including hate and rage from the populace.

“The government should terminate the contract in the public interest and save Ugandans the additional burden of being cheated in broad daylight,” the minority report of parliament said.

Who is Joint Stock Company Global Security?

The Joint Stock Company Global Security is a major Russian company specialising in the production of security products. At the time when Joint Stock Company Global Security was handed the deal, it was battling bankruptcy litigations in the Moscow Court of Arbitration over failure to pay $220,000. It has also been revealed that the company had been dealing in selling military equipment and had not implemented a project of a similar nature anywhere in the world.

When Uganda officials visited Moscow for a fact-finding mission, they were unable to find premises where the number plates would be printed. They were informed that due to sanctions slapped on Russia over the invasion of Ukraine, the company had organised to produce digital plates in Poland, where they weren’t shown any venue. For Jonathan Odur, an opposition legislator who signed the minority report of parliament, “that company remains a mystery.”

EPS Auto 

The Intelligent Transport Monitoring System is the brainchild of what is currently known as “EPSAuto”, the Express Penalty Scheme Automated. It records the precise location of the incident using cameras and sensors placed at key points like junctions and highways to detect traffic offences such as speeding, red light violations and improper lane usage. When a rule is broken, the system captures an image or records a video of the violating vehicle, clearly showing the number plate from which it extracts the details.

The system reviews the data to confirm the offence, determining details like vehicle speed or whether a light was run. The vital information is processed, and once confirmed, the fine is issued to the owner of the vehicle based on the registered details of the number plate, with proof like photos or footage attached. Vehicle owners can either pay or appeal the ticket if they believe there is a mistake.

Let’s understand that the deal between the government and The Joint Stock Company Global Security, a company that was at the brink of bankruptcy, is to repatriate over $400 million per year, a bill higher than 2/3 amount Ugandans spend on buying vehicles annually. The average monthly income in Uganda is sh200,000. The average EPSAuto fine is sh600,000. This talks to a lack of stakeholder engagement in the project.

The EPSAuto, together with the entire ITMS infrastructure, wants to raise $510 million (sh 2 trillion) in 10 years. The investor, Joint Stock Company Global Security, will take 80% ($480 or 1.6 trillion) and the GoU only 20%. Putting this into perspective, when you are fined sh600,000 for driving 31KM/H on Entebbe-Kamapala Road, sh480,000 is shared by Joint Stock Company Global Security and local commission agents, only sh120,000 goes to the Government of Uganda. So, is the government really raising money to fix roads or raising money to be expatriated?

Furthermore, owning a car in Uganda means you need to have a minimum savings of at least sh650,000 on your personal account if such a fine is to be paid within 72 hours. How many Ugandans even have sh500,000 in case or in an account? Further questions arise on the objective of road safety, especially in Kampala. Has speeding ever been a problem for Kampala, or the unregulated boda boda industry, potholes and unauthorised right of way and sirens? Now driving in Kampala will be more tedious than walking because 30KM/H on a road with no surge of accidents is illogical. A fine of sh600,000 for a single speed violation with a surcharge of sh300,000 after 72 hours is very inconsiderate.

For 6 years, Rwanda’s Express Penalty System has fined over speeding violations RwF 25,000 (approximately sh80,000) via automated cameras. Road deaths dropped 22% from 739 in 2019 to 579 in 2021. Now, Uganda’s EPSAuto fines are 300% higher than Rwanda's. Will the steeper fines of Uganda reduce accidents faster? In New York, exceeding the speed limit in a school zone by 16KM/H earns you a fine of $50. sh182,000. That’s the richest country in the world. In Uganda, now, one of the poorest countries in the world, a similar transgression not in a school zone but Expressway earns you a fine of approximately sh600,000. $165. In Kenya, it is about $24 and $14 in South Africa. Both countries are much richer than us. Where is the proportionality?

The principle of legality, also known as "nullum crimen, nulla poena sine lege," means that no crime can be created or punished without a prior, clearly published law defining it. Essentially, it ensures that criminal law is based on a written and unambiguous legal framework. A traffic violation is under the category of Strict Liability crimes. This principle provides for the strict construction of criminal laws. The principle of legality requires that criminal laws be interpreted strictly, meaning that any ambiguity or uncertainty in the law should be resolved in favour of the accused. This ensures that individuals are not punished for conduct that was not clearly prohibited by the law, is well referenced in Article 28 of the 1995 Constitution.

Thomas Aquinas, one of the fathers of legal jurisprudence under Natural law, stated in Summa Theologica, “Any authority that imposes unequal and burdensome laws to satisfy their greed and ego acts contrary to the common good.” When the law lacks common sense, the results are counterproductive.

Conclusion

In 1938, Jack Johnson was speeding when he was stopped by a traffic policeman. He issued him a $50 ticket, Jack handed him a $100 bill, to which the policeman proclaimed, “I can’t make change for that much!” Jack replied, “keep it, as I will be making the return trip at the same speed.” Now, a young lawyer will leave home to conclude a transaction that earns him sh300,000 only to return with EPSAuto tickets worth sh600,000. Now, young lawyer, you need to know that the hustle is getting more real, and the cost of chasing the dream is becoming heavier than the reward.

The writer is the Attorney General of the Nkumba University Law Society, president. Nkumba University Research Club and Papa Lawyers Fellowship.