{UAH} UGANDA NEEDS BOTH MANY MORE LAWS AND MORE EFFECTIVE IMPLEMENTATION!!!
I have problems getting a grip on the hon. Justice's meaning (context and perspective).What does Justice Kanyeihamba really mean?!?!?
Yes, we have a situation with implementation…., a whole spectrum of problems! There is no disagreement on that understanding.
But, for the honorable legal expert assert that Uganda's problem is but too many laws, is way too thick, obscure and rightly obnoxious if it is not maintained within perspective.
Really, does Ugandan legislation make too many laws?
I believe the inverse is truer: THE LAWS ARE TOO BULKY AND FAR TOO FEW WITH LOTS OF LOOPHOLES FOR CROOKS TO RAVAGE IN.
That also partly explains both the problems with implementation and the meager labor market opportunities. Creation of jobs requires a lot more laws and regulations that regulate pre-requisites for operation license.
Just for a simple example: strictly regulating both the number of passenger in public transport vehicles and speed limits force transport providers to employ more drivers.
Equally so, regulating service conditions for the same create mechanical jobs and, in its extension, force small actors to merger.
My opinion is that implementation itself requires that structures and infrastructures for implementation are in place.
How the Hell, do we ensure effective implementation if the infrastructure for it is not solidly in place?
As the same IMPLEMENTATION goes, if we look at the three pillars of government (the LEGISLATION, the JUDICIARY and THE EXECUTIVE), we see clearly that implementation falls primarily under the EXECUTIVE. Allt så, we are looking at "division of labor": each to its place.
Kanyeihamba: Uganda's Problem Is Too Many Laws
Rtd Supreme Court Judge, Justice George Wilson Kanyeihamba, has cautioned government and parliament against enacting of a stack of laws without minding much about their operationalisation and implementation.
By 14 hours 28 minutes ago
Justice George Wilson Kanyeihamba
"We first had this law provision spelt out in the Anti-Corruption Act of 1970, clearly empowering State to seize and freeze property of those on corruption charges."
He said that this mode of legislation was unlikely to guarantee constitutionalism and the rule of law in the country.
Speaking at the launch of a new report on Multiparty democracy, Kanyeihamba argued that the reason why Uganda remained afflicted by scourges like corruption was because parliament only concentrated on passing more laws and less attention was paid to how these laws could be used to stem the crimes.
"If it's about laws, we already have enough of them. But many of them are useless and a waste of time and resources," he said.
The veteran jurist gave an example of the Anti-Corruption Act that provides for seizure of property belonging to people implicated in corruption scandals, which has been recycled by parliament over the years.
"We first had this law provision spelt out in the Anti-Corruption Act of 1970, clearly empowering State to seize and freeze property of those on corruption charges."
"But since 1973, prosecutors started to shy away from implementing it until 2009 when Parliament came up with another replica of it."
"The same law was later amended in 2012, but we are being told today that more changes are about to be made in it," he said.
The said amendments according to the Bill's author, Hon John Ssimbwa (Makindye East), seeks to strengthen and complement the original Act of 2009 which he said was inadequate.
However, Kanyeihamba asserts, "It should be made clear that what is lacking is not the law, but it's implementation. Why amend the law when the existing ones have not been used anyway?"
Commenting on the matter, FDC spokesperson, Hon Wafula Oguttu, attributed the poor implementation of laws on government's lack of commitment of the rule of law.
He added that laws by themselves were incapable of creating any difference in the absence of the will.
- See more at: http://chimpreports.com/index.php/news/politics/16090-kanyeihamba%3A-uganda%E2%80%99s-problem-is-too-many-laws.html#sthash.9QFP24Iy.dpuf
"WE FORM THE CULTURE THAT FORMS US"….noc'la gaumoy.
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