Law Society challenges Nema on car dustbin penalty
What you need to know:
- On February 8, the Executive Director of Nema, Mr Barirega Akankwasa, announced the introduction of this express penalty scheme that is aimed at curbing environmental pollution and preventing degradation as well.
The Uganda Law Society (ULS) is challenging the decision by the National Environment Management Authority (Nema) to penalise motorists without dustbins in their cars effective April 1.
“You announced that effective 1st April 2023, Nema will commence an administrative penalty scheme for offences under the National Environment Act 2019. You also announced that persons who drive cars would be required to carry dustbins and on default would face a fine of up to Shs6m,” the president of the Law Society, Mr Bernard Oundo, wrote to Nema.
He said the National Environment Management Act, 2019 does not provide for the offence of driving a car without a dustbin.
“We will appreciate your guidance on the legal basis for this offence and the prescription of the penalty,” he asked Nema.
In his March 16 letter, Mr Oundo argues that the offence being introduced by Nema is not prescribed by the Ugandan law.
“The Constitution provides that no person is to be convicted of a criminal offence unless the offence is defined and the penalty for it provided by law,” part of the letter reads
The above car dustbin law is supposed to take effect less than two weeks from now.
On February 8, the Executive Director of Nema, Mr Barirega Akankwasa, announced the introduction of this express penalty scheme that is aimed at curbing environmental pollution and preventing degradation as well.
Littering around residential premises and commercial buildings will also attract a Shs6m fine.
Come April 1st, NEMA intends to work alongside the traffic police to crackdown on motorists and the general public.