The conference is under the theme "Transboundary Crime: Practical Approaches to Protecting Women and Children."Ībodo's remarks followed those of Justice and Constitutional Affairs minister Norbert Mao who noted that he would like to amend the law on the 48-hour rule but hastened to add, that the human rights defender in him opposes the same. The DPP made the remarks on the sidelines of the 10th annual conference of the East Africa Association of Prosecutors (EAAP) that started yesterday Monday, in Munyonyo.ĮAAP brings together 11 prosecuting agencies from different African countries like Kenya, Uganda, Tanzania, South Sudan, Zambia, Ethiopia, Burundi, Rwanda, Malawi and others. She also noted that the 48 hours can be ideal if there are enough prosecutors on the ground to handle investigations quickly. We can keep the person beyond the 48 hours," Abodo emphasized. It is really impractical to do that in some cases.these are cases we are saying that we should be able to go to court and make an application for more hours to cover some ground investigations. "The 48 hours is constitutional but it is impractical for us who are on ground. She emphasized the need to have time enlarged beyond 48 hours to enable the state to present clear cases to court. The 48-hour rule should be there but we are asking.can the time be enlarged in some cases, that we go to court and ask for enlargement of time.that we have ABCD to handle.we are not saying all offences but it will be a case by case basis and not generally," said Abodo. otherwise we shall not have anyone in court. "You cannot say that within 48 hours, you can be able to actually do a meaningful investigation of a terrorism case and have someone in court. Now according to Abodo, the 48-hour rule was brought into the country's law books way back in the 1995 Constitution and 28 years later, crime has changed both in the way it is committed and the people committing it. Please send us an email to or phone us on 083 625 4114.The director of public prosecutions (DPP) is seeking a constitutional amendment that will provide a window for the extension of the 48-hour rule before which a suspect can be produced before court.ĭPP Jane Frances Abodo says that the proposed amendment is for only complex cases like terrorism, theft of huge funds and others which her office cannot investigate in a short time and present suspects before court within the 48-hour window.Īrticle 23(4) (b) of the Constitution provides that "a person arrested or detained upon reasonable suspicion of his or her having committed or being about to commit a criminal offence, shall, if not earlier released, be brought to court as soon as possible but in any case not later than 48 hours from the time of his or her arrest." He told the community that plans were afoot to defeat crime in the precinct.ĭo you have more information about the story? He also encouraged residents to open a case after a citizen’s arrest, so that there could be a prosecution. Unfortunately, there is no justification for murder – it’s a crime, and we will arrest you,” said Maphoto. “Mob violence is a contributor to increased murders, where you find suspects and beat them up to death. “Stop taking law into your own hands because when somebody dies in the process, we will come and arrest you and charge you with murder,” he warned. Maphoto encouraged residents to call the police after a citizen’s arrest. “I understand that crime is too high in the area, but some of it is caused by you beating each other,” said Maphoto. Rietgat SAPS station commander Brigadier Molatelo Maphoto said because the community was mainly middle-class, the number of assault GBH and common assault were “ironic”.
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