Government wants to press charges against 4GC
SOURCE: THE DAILY MONITOR, 7 MAY 2012
Dr Besigye’s aide Francis Mwijukye and FDC Women League Leader Ingrid Turinawe at the launch of 4GC last month.
The Attorney General has outlawed the For God and My Country (4GC) political pressure grouping of individuals, whom he says were part of the banned Activists For Change.
The Attorney General has outlawed the For God and My Country (4GC) political pressure grouping of individuals which he says were part of the banned Activists for Change.However, unlike in the case of A4C where no charges were preferred, Mr Peter Nyombi has this time asked the Police to work with the Director of Public Prosecutions to expeditiously press charges and prosecute 4GC members for what he said was the illegal use of the country’s national symbols.
The AG’s action, which has come days before A4C’s plans to lodge an appeal in the Constitutional Court contesting the legality of the government’s actions, is a fulfilment of the warning he made on April 4 when banning A4C, which he labelled a society dangerous to peace and order in Uganda.
The A4C leadership plans to appeal the AG’s actions in the Constitutional Court this week, according to Mr Mathias Mpuuga, the Masaka Municipality MP, who has been coordinating its activities.
In an April 30 letter to the Inspector General of Police, a copy of which Daily Monitor has seen, Mr Nyombi says the 4GC is unlawful subject to subsection 3 of section 56 of the Penal Code Act.
According to the quoted provision, where a society is an unlawful by virtue of a declaration by an order of the minister under subsection 2(C) and another society is formed after such a declaration, having been subject to section 61(5), any of the same office bearers as the unlawful society; having the name similar to that of the unlawful society; or having substantially the same membership as the unlawful society, such society shall also be deemed an unlawful.
The AG also faulted the use by 4GC of the national motto: “For God and My country”, the Uganda flag, and associated paraphernalia, during their rallies saying that this contravenes sections 3 and 4 of the National Flag and Armorial Ensigns Act.
Mr Nyombi says unlawful acts committed whilst using the national flag or any part of it or the blazon or any part of it would inevitably bring into contempt or ridicule the national flag or the armorial ensigns.
“By using the armorial ensigns and without the necessary authority, 4GC are committing offences contrary to sections 3 and 4 of the National Flag and Armorial Ensigns Act for which they should be prosecuted after carefully assembling the evidence and guidance from the Director of Public Prosecutions,” he said.
Mr Nyombi argues, in the letter, that just like A4C, the 4GC is under the supervision of Mr Mpuuga, has substantially the same membership, and is engaged in the same activities as the A4C.
“I urge you to work very closely with the Director of Public Prosecution in the assembling of evidence that is necessary for the prosecution of the perpetrators of these illegal activities,” the Attorney General wrote.
“I urge you to work very closely with the Director of Public Prosecution in the assembling of evidence that is necessary for the prosecution of the perpetrators of these illegal activities,” the Attorney General wrote.
Undeterred
However, the leadership of the pressure group says they shall not be deterred by the actions of government saying the AG’s move is unconstitutional.
However, the leadership of the pressure group says they shall not be deterred by the actions of government saying the AG’s move is unconstitutional.
“In individual capacities as leaders, we can continue to carry out our activities with or without an organisation or name. We shall not stop to call for action from government to liberate the common man,” Mr Mpuuga said in a phone interview with Daily Monitor yesterday.
Mr Bruce Kyerere, the former president of the Uganda Law Society, which last month dismissed the banning of A4C as unconstitutional, told Daily Monitor that the AG’s orders are unsustainable since different groups will keep coming up with similar activities.
“I would be reluctant to agree with the banning. But, talk to them, find out their concerns and address them since they affect the whole society. How many more groups will government ban?” Mr Kyerere asked.
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