Kampala — EAGER to stem what it describes as lawlessness and the rampant release of perceived wrongdoers, the government is drafting legislation that would make it hard for Ugandans to walk out of prison on bail.

Fred Ruhindi, the deputy attorney general confirmed yesterday that a review of the bail conditions is underway. President Museveni argued on Saturday during a live radio talk show on CBS Fm that the planned amendments in the law will "cause the chaotic opposition groups to tread more carefully."

Mr Ruhindi, who is also state minister for justice and constitutional affairs said prevailing circumstances justified some new legislation and any reasonable government would pass such legislations regardless of what people thought about them.

"We are looking at the circumstances of the day. Something is rampant, how do we go about it?" He said a formal proposal 'to review bail conditions' was being worked on at the ministry.

The review of the bail provision has been a subject of controversy since November 16 2005 when High Court Judge Sempa Lugayizi ordered the release of some rebel suspects of the People's Redemption Army (PRA).

The judge said then that bail was an automatic right because it is provided for in the Constitution. Mr Museveni, who has been critical of Justice Lugayizi's interpretation of the law justified the need for tougher bail conditions saying politicians had resorted to provoking the police into arresting them, confident they would come out on bail.

He said it was high time bail rules were revised to ensure that one is not granted bail more than once. The President was particularly commenting on the fate of two opposition MPs-Erias Lukwago (DP-Kampala Central) and Odonga Otto (FDC-Aruu Country) who were in detention at Luzira as he spoke on the programme.

Mr Ruhindi told Daily Monitor yesterday that two laws one enacted in the 1970s at the height of what government thought were demanding circumstances like the Aggravated Robberies Act, which the Amin regime legislated to tame growing robbery tendencies in the country and the Aggravated Defilement Act (2007) - had also been legislated in the same spirit.

Mr Ruhindi could not give details of who is pushing for the amendments but Mr Museveni said on Saturday he was consulting lawyers about circumstances under which bail could be legally restricted.

"If the President has spoken, let's go by that. I too personally see the laws regarding bail application aren't in harmony with each other," Mr Ruhindi said. He said the 'confusion arose' from Justice Lugayizi's argument that since one was assumed innocent until proven guilty, bail was automatic.

"Later on the Constitutional Court ruled otherwise," something which, the Minister said threw the country into confusion. When the government petitioned for interpretation (of Justice Lugayizi's notion) then, the Constitutional Court ruled that bail could be granted at the discretion of the judge.

He denied that the review was targeting some one. "Whereas bail could be assumed automatic, we have cases like terrorism. He, however, said although the review process was on, the proposal was in its infancy.

Lawyers React

But lawyers Daily Monitor spoke to yesterday expressed fears that the government was moving towards 'selective legislation.' Mr David Mpanga said the planned amendments could be targeted at political opponents.

"It's contestable on two grounds. One, it will amount to amending Article 23 of the Constitution which assumes bail is a basic entitlement. I can foresee a situation similar to the Detention Without trial Act being recycled. Our colleagues in government should be reminded of what happened to the framers of that law," he said.

Mr Mpanga urged caution, "You could set a trap for (Ken) Lukyamuzi or a Kizza Besigye today, only for your children and loved ones to end up being victims." Peter Walubiri said the whole 'scheme portrays a government desperate to get rid of its critics.'

The lawyers described the task 'as next to impossible because of the constitutional implications involved.'

Many opposition leaders, including FDC president Kizza Besigye, are out on more than one bail, implying such leaders will find themselves in perpetual detention.