Why all of us should join the fight against crime

May 12, 2016

We in law enforcement see things differently and we want to be understood

By Emilian Kayima

 

Today (May 12, 2016), the elected President of Uganda, Yoweri Kaguta Museveni as per the February 18, poll and the court verdict of March 31, will be sworn in with a five year tenure in office. Some political players have vowed to cause mayhem as they maintain that they were cheated in the February polls.

Mayhem is crime. The 1995 Constitution allows only the use of legal and legitimate means to settle disputes of all nature.

There is obviously a trust issue before us. Some people do not trust the electoral commission, courts of laws, the Police and all systems. This lack of trust creates perception problems and will likely create a situation that will be exploited by criminals and escalate crime incidents amidst us yet the duty of the Police is to fight crime by working in close co-operation with the community, according to article 17 of the Constitution. How will this happen if the trust has no place in hearts of some?

Now, didn't courts of laws pronounce themselves on the election results issues? Did someone successfully appeal against the verdict of court? Is there a court order halting the swearing in ceremony today? So, are those swearing over their "dead bodies" to halt the ceremony doing so lawfully? Is it legitimate?

How fair or unfair the court verdict was, is truly not our primary business as law enforcement officers. We may have little to do about it, but only to enforce it.

We in law enforcement see things differently and we want to be understood. Our law makers enact laws; courts of laws hear and dispose of cases thereby delivering judgments, issuing court orders including restraint orders which may annoy losers, excite winners and leave many guessing what these orders or processes actually mean.

Often times, when political squabbles threaten to escalate into violence, the Police will swing into action. It is our duty to protect people and their property, to preserve law and order without violation of rights of others. But balancing law enforcement, human rights in a society where ignorance is rife is such a daunting task.

In the face of violence, there are possibilities of death, destruction, looting, assaults and criminal acts of arson and many others. Some even try to murder those they hate or innocent victims to make their voices heard! Isn't this absurd? The human psychic is indeed complex.

Let the politicians play their games without breaking the law or causing some disorder. When they engage in acts of lawlessness like violence, the Police will automatically be attracted to their activity because that is our core mandate as stated above.

Take an example of this interim order issued against litigant B and in favour of litigant A. It was restraining litigant B from grazing, digging, cutting trees, building any form of structure and selling the suit property until the final case is heard and disposed of by court.

Such orders annoy litigants and they often come to us directly or indirectly. Some accuse courts of insensitivity or accuse the other litigant of not having notified them and other accusations like collusion and corruption. When we get to know about this, we guide and ask the parties to go to court and tell their story so that such an order is vacated or revised. We stress it to clients that it is only courts that can issue and vacate court orders, not any other organ whatsoever.

Therefore, we may have to opt for lawful means to get to where we want because established systems do exist and have to be made use of in service of the people. If a certain piece of legislation is deemed bad and draconian, may our members of parliament take charge? Change the bad law and substitute it with a better one after all, the primary intention of any law is service of its people.

As a country, we must choose a crime free society and vow to stick to the demands of the law even when we are provoked to think otherwise. Countries that have taken to the path of violence have a bad story to tell.

Look, crime is bad for all of us. So, any situation that may escalate crime occurrence ought to be curtailed without trampling on the fundamental rights of other human beings whatsoever. We must therefore as a country debate how best this ought to be done when all citizens are active participants in this equation.

Writer is a senior Police officer in Uganda

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