Section
VIGILANTISM AND RELATED OFFENCES BILL, 2019
ARRANGEMENT OF SECTIONS
Preliminary
1. Application
Political Party Vigilante Group
2. Disbandment of political party vigilante groups
3. Political party vigilante group
4. Aiding and abetting of activities of political party vigilante group
5. Funding of political party vigilante group
Vigilantism
6. Prohibition of activities of land guards
7. Other acts of vigilantism
Miscellaneous Provisions
8. Power of Minister to prohibit activities of vigilante groups
9. Regulations
10. Interpretation
Schedule
A BILL ENTITLED VIGILANTISM AND RELATED OFFENCES ACT, 2019
AN ACT to disband political party vigilante groups; to proscribe acts of vigilantism in the country and to provide for related matters.
PASSED by Parliament and assented to by the President:
Preliminary
Application I
(1) This Act applies to
(a) a person who participates in the activities of a vigilante group that is associated, related, connected or affiliated to a
(i) political party,
(ii) political party officer, or
(iii) political party member;
(b) a person who acts as a land guard; and
(c) a person who engages in other acts of vigilantism.
(2) This Act does not apply to
(a) persons, who live within the same neighbourhood or community, and who act in concert with the aim of preventing an offence from being committed within that neighbourhood or community; and
(b) a person, who having witnessed the commission of an offence, acts with the sole aim of preventing the further commission of that offence or any other offence.
(3) This Act shall be read together with relevant enactments and in particular, the Criminal Offences Act, 1960 (Act 29).
Political Party Vigilante Group Disbandment of political party vigilante groups 2. (1) All political party vigilante groups in existence before the coming into force of this Act, including the groups set out in the Schedule, are disbanded.
(2) Despite subsection (1), the leaders of the disbanded political party vigilante groups shall, within one month after the coming into force of this Act, by notice in writing, inform the Minister of the formal disbandment of their political party vigilante groups.
(3) The notice referred to in subsection (2) shall include the date of the formal disbandment and the names of the past and present members of the disbanded political party vigilante group.
(4) The Minister shall, within three months after the coming into force of this Act, publish in the Gazette, a list of the disbanded political party vigilante groups that have complied with subsections (2) and (3).
(5) A leader of a disbanded political party vigilante group who fails to comply with subsections (2) and (3) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
Prohibition of political party vigilante group 3. (1) A person shall not directly or indirectly, form, organise, operate or promote the formation, organisation, operation or activities of a political party vigilante group.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(3) A person shall not
(a) subscribe as a member of a political party vigilante group; (b) take part in the activity of a political party vigilante group; or (c) act as a member of a political party vigilante group.
(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(5) Despite a provision in any enactment, a person who, armed with an offensive weapon, takes part in an activity of a political party vigilante group commits an offence and is liable on summary conviction to a term of imprisonment of not less than ten years and not more than twenty-five years.
Aiding and abetting of activities of political party vigilante group
4 (1) A person shall not
(a) directly or indirectly,
(i) instigate,
(ii) command,
(iii) counsel,
(iv) procure,
(v) solicit, or
(b) in any other manner purposely
(i) aid,
(ii) facilitate, (
iii) encourage, or
(iv) promote, whether by a personal act or presence or otherwise, or
(c) do an act for the purposes of
(i) aiding,
(ii) facilitating,
(iii) encouraging, or
(iv) promoting
the activities of political party vigilante group.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(3) A person who knowingly or having reason to believe that another person is a member of a political party vigilante group or participates in the activity of a political party vigilante group, shall not aid, conceal or harbour that other person, with the purpose of enabling the person to avoid lawful arrest
(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
Funding of political party vigilante group
5. (1) A person shall not, directly or indirectly, provide or make available moneys or any other property to fund or facilitate the organisation, operation or activity of a political party vigilante group.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
Vigilantism
Prohibition of activities of land guards
6. (1) A person shall not, directly or indirectly, facilitate, organise or promote the organisation of land guards, for the purposes of protecting or guarding land or property, whether belonging to that person or any other person.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(3) Despite a provision in any enactment, a person shall not act as a land guard.
(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(5) A person shall not directly or indirectly, engage a land guard to protect or guard the property of that person or any other person.
(6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
(7) Despite a provision in any enactment, a person who is armed with an offensive weapon shall not act as a land guard.
(8) A person who contravenes subsection (7) commits an offence and is liable on summary conviction to a term of imprisonment of not less than ten years and not more than twenty-five years.
Other acts of vigilantism
7. (1) Subject to the Constitution, a person shall not
(a) directly or indirectly, form, organise or promote the organisation of a vigilante group;
(b) subscribe as a member of a vigilante group; or
(c) act as a member of a vigilante group.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.
Miscellaneous Provisions
Power of Minister to prohibit activities of political party vigilante groups
8. The Minister may, by executive instrument, expand the list of prohibited activities of a political party vigilante group as specified in section 10.
Regulations
9. The Minister may, by legislative instrument, make Regulations which are necessary to give effect to this Act.
Interpretation
10. In this Act, unless the context otherwise requires, “land guard” means a person who uses violence or the threat of violence to protect or guard land or property belonging to that person or another person.
“Minister” means the Minister responsible for Justice;
“neighbourhood or community includes an area, a village, a town and a district;
“offensive weapon” means an article made or adapted to cause harm to a person;
“political party member” means a registered member of a political party;
“political party means a free association or organisation of persons, one of whose objects is to bring about the election of its candidates to public office or to strive for power by the electoral process and by this means to control or influence the actions of Government;
“political party officer” includes
(a) an elected and appointed officer of a political party; and
(b) a member of a committee, a unit, a department, a group and an organisation of a political party;
“political party vigilante group” means a group of two or more persons acting as a vigilante group associated, related, connected or affiliated to a political party and acting in concert with the aim of enforcing law and order without authority and may engage in activities which include
(a) providing protocol and security services at events of the political party;
(b) providing protocol and security services for a political party member and a political party officer;
(c) providing security services during public elections;
(d) providing training for the purposes of providing protocol and security services
(i) to a political party,
(ii) to a political party member,
(iii) to a political party officer, and
(iv) during public elections; and
(e) acting in a manner likely or intended to intimidate voters or prevent voters from exercising their franchise;
“public election” includes elections and referenda conducted and supervised by the Electoral Commission, pursuant to article 45 of the Constitution;
“vigilante” means a person acting with the aim of enforcing law and order without authority except pursuant to article 3 of the Constitution;
“vigilante group” means a group of two or more persons, acting in concert with the aim of enforcing law and order without authority except as provided in article 3 of the Constitution or any other enactment; and
“vigilantism” means the act of enforcing law and order without authority except as provided in article 3 of the Constitution or any other enactment.
SCHEDULE (section 2 (1))
1. The Hawks
2. Invincible Forces
3. Delta Force
4. Azorka Boys
5. Bamba Boys
6. Kandahar Boys
7. BoIga Bulldogs
