In a landmark ruling, the High Court has ordered the government to produce critical documents related to the controversial Intelligent Transport Monitoring System (ITMS) project, a digital surveillance initiative designed to track motor vehicles and motorcycles nationwide.
The decision, delivered by Justice Boniface Wamala, stems from a legal challenge brought by Legal Brains Trust (LBT) Limited against the Attorney General, highlighting concerns over transparency, privacy, and compliance with legal procedures in the implementation of the ITMS.
The case, arose from a broader lawsuit where LBT sought declarations regarding the ITMS project, which involves a partnership between the government of Uganda and a Russian company, Joint Stock Company Global Security.
The project, intended to enhance security by monitoring vehicle movements through a real-time control center, has sparked widespread debate due to its implications for privacy, data protection, and public consultation.
Justice Wamala’s ruling mandates the government to produce several documents within 60 days, including:
The memorandum of understanding (MOU) between the Government of Uganda and Joint Stock Company Global Security for a feasibility study on the ITMS.
The agreement for the provision of the digital monitoring and tracking system.
The financial model, due diligence report, and technical and financial capacity assessment reports related to the project.
These documents, referenced in the government’s affidavit in the main case, are deemed essential for evaluating whether the ITMS complies with Ugandan laws and respects fundamental rights, such as privacy and economic rights.
The court rejected the government’s claims that disclosing these documents would breach confidentiality or threaten national security, stating that such claims could not be verified without examining the documents themselves.
To address these concerns, the court ordered a “guarded inspection,” limiting access to the documents to court proceedings and prohibiting unauthorized publication unless the court rules otherwise.
The court referenced Section 46 of the Public Private Partnerships Act, which allows for the disclosure of information related to public-private partnerships unless it prejudices state security, violates privacy, or breaches proprietary information.
Justice Wamala noted that without producing the documents, the court could not assess the validity of the government’s confidentiality claims.
The decision allows the court to review the documents for privilege or confidentiality during the inspection process, ensuring a balance between public interest and sensitive information.
The ITMS project has been a focal point of contention since its inception.
Critics, including LBT, argue that the system, which involves affixing electronically activated devices to vehicles to collect real-time data, infringes on citizens’ privacy rights and lacks adequate public consultation.
Concerns have also been raised about the procurement process, with allegations that the government failed to conduct proper due diligence on Joint Stock Company Global Security, a foreign entity tasked with implementing the system.
The court’s decision is seen as a victory for transparency advocates. By ordering the production of documents, the court has paved the way for a more thorough examination of the ITMS project in the main lawsuit, which seeks to address alleged violations of human rights.
LBT, a non-profit organization focused on promoting rule of law and human rights, hailed the ruling as a critical step toward ensuring government accountability.
The organization’s legal team, led by Stanely Oketcho, argued that the documents are vital for determining whether the ITMS aligns with Uganda’s constitutional protections.
The government has until early September 2025 to comply with the court’s order to produce the documents. The outcome of the inspection and the main lawsuit could have far-reaching implications for the ITMS project and similar public-private partnerships in Uganda.
If the court finds violations of constitutional rights or legal procedures, it could lead to significant reforms in how such projects are implemented.
Post Views: 2
