DPP to establish special prosecutor’s office

The Directorate of Public Prosecutions (ODPP) is preparing to establish a special prosecution coordination unit that will work directly with special prosecutors. The unit aims to handle specific cases efficiently and ensure timely resolution of cases currently pending in court.

Speaking at the National Private Prosecution Symposium held in Uganda at the weekend, Senior State Attorney Mr Timothy Amerit emphasized that the constitution allows public institutions such as the DPP and the Office of the Inspector General to conduct criminal prosecutions. It also allows for private prosecution by individuals or other authorities.

“ODPP’s position is clear. “We respect the Constitution and the fact that individuals have the right to initiate criminal proceedings as they see fit, either through a police officer at a police station or directly acting as a special prosecutor,” Mr. Amerit said.

He added: “We have a General Casework Department that handles most of these cases. However, the ODPP is working towards establishing a special prosecution coordination unit that, once operational, will work directly with special prosecutors.”

However, Mr. Amerit noted that cooperation from some special prosecutors was challenging, affecting the efficient handling of cases.

“Special prosecutors often do not cooperate with the ODPP, and my colleague Mabirizi, for example, is one of those who tend to keep their cases separate from ours. “This lack of cooperation is one reason why 83 percent of the cases we take over make little progress,” he said.

He added: “Some cases require evidence from particular bodies who may be reluctant to provide information. Public bodies and investigative bodies such as CID often face difficulties in accessing evidence. This difficulty is even greater for private individuals, but through our collaboration with various stakeholders we can sometimes obtain the necessary evidence.” “We can.”

It is worth noting that last year parliament allowed Busiki County MP Paul Akamba to introduce a special bill aimed at ending private prosecution in Uganda and reserving law solely for the state.

Mr. Hassan Male Mabirizi, one of the leading private prosecutors, stated that 83 per cent of private prosecution cases reported in court are his, noting that the Ugandan constitution and Section 42 of the Magistrates’ Courts Act provide adequate provisions to support private criminal prosecutions.

“83 percent of private prosecution cases reported by the Supreme Court and above are mine. This underlines the constitutional framework that allows private prosecution,” Mr Mabirizi said.

He adds: “If we do not normalize private criminal prosecutions and leave the criminal justice system solely to the often incompetent or corrupt Uganda Police and state prosecutors, Ugandans with genuine complaints will never get their day in court. “Private prosecution offers an alternative route to justice for victims where the police lack attention and resources or simply ignore the matter.”