Government Sued over Traffic Express Penalty Scheme

A concerned Ugandan has run to the High Court seeking an interim injunction stopping the issuance of  traffic  Express penalty fees from members of the public on grounds that the company collecting the said fees is a fraudulent entity.

Kagingo Muhammad Brutus contends  that – Joint Stock company – Global Security was struck off the register of companies by the Uganda Registration Services Bureau ( URSB) for failing to file its returns for a period of five years. 

Kagingo therefore maintains  that at the time of being awarded a tender to issue and sell digital number plates to the public, It was not a  registered company. 

Kagingo adds that the same company – Joint Stock Global Security  was never gazetted as mandated by the law before starting to collect fees from Ugandans for the issuance of digital number plates which are a basis for the public outcry of the exorbitant Express traffic fines and penalties. 

Kagingo also  questions the authenticity of the digital number plates being rolled out to the public which he claims lacks some certain security features.

He has therefore asked the Highcourt to issue Express orders stopping the rolling out of the digital number plates and  collection of Express penalties until court makes a final determination on the legality of the company. 

In his petition, Kagingo also accuses Joint Stock security  company of cheating Ugandans by not paying VAT as the penalty receipts and fines paid are not reflected on the on-line URA payments system -EFRIs.

He further expresses concern that there is a conflict of interest as the Attorney General of Uganda  Kiryowa Kiwanuka -who is the chief legal advisor of Government is at the same through  his law firm of K&K  advocates offering  legal representation to Joint Stock company-one which he claims is stealing from the public.

Kagingo’s interim application has come up today for hearing before deputy registrar Simon Zirintusa Kintu where both the Attorney General representative Mark Muwonge and  lawyer from K& K Richard Babigamba raised objections to the application.

The two respondents want the application dismissed with costs for listing as respondents two directors or Joint Stock company -Global security.

According to the Attorney General and Babigamba , Joint security company is a registered  entity with capacity to be sued and therefore it was wrong for Kagingo to sue its two Russian  directors Ivan Shkardan and Makhmutov Damir. 

Registrar Ziritunsa has given  the parties schedules to file and exchange their respective submissions on which he will base his decision on 10th July.