the main suit will be rendered nugatory and irreparable harm will be
occasioned to the public trust in Uganda’s judiciary.
[4] The Respondent opposed this application through an affidavit in reply
affirmed by Haji Kakande Yunus, the Secretary, Office of the President, who
stated
that
upon
the
background
of
shocking
gruesome
crimes
and
deteriorating security in Uganda, the President of the Republic of Uganda
proposed solution of a digital monitoring system and identified a Russian
Company, M/s Joint Stock Company Global Security, as a potential service
provider of a digital monitoring system. He stated that due diligence was
conducted by a technical committee which concluded that the company had
the capacity to undertake the project. A Memorandum of Understanding was
executed with the company on 22nd March 2019 to carry out a feasibility study
for an Intelligent Transport Monitoring System (ITMS) and an agreement was
executed on 23rd July 2021 for the provision of a digital monitoring and
tracking system.
[5] The deponent stated that the law permits collection of data for national
security, prevention, detection and investigation of an offence or breach of the
law and the data collected shall be subject to data collection principles. He
further stated that although the financial model has not yet been approved, it
was not mandatory for a foreign company intending to do business in Uganda
to register with URSB. He also stated that the agreement in issue is not
governed by procurement laws and that the implementation is not a breach of
the right to privacy as it will not be used to trail ordinary law abiding citizens
but only serve to aid law enforcement in case of commission of a criminal
offence and, as such, the derogation of the right to privacy is demonstrably
justifiable under the law.
3