Opinions
DENIS TUKAHIKAHO Ph.D.: Rajiv’s Death is shame but a wakeup call on road safety negligence
You are a sleeping giant; Expert faults Uganda Engineers Registration Board for failure to hold the Site Engineers criminally liable for negligence of road safety Protocol.
It was a sad morning as Rajiv perished at the common Busabala road junction on 04th May 2025. Many colleagues, myself, friends and road users on Busabala Road confirm Rajiv died due to gloss misconduct on road safety negligence by inhuman engineers. It is true the road junction has taken long to be completed as engineers place the road barricades day and nightwith proper notice to road users. You can imagine how annoyed I am as I gather the energy to put my pen down to wright about this nasty incidence. I called Rajiv two weeks ago briefly and we talked how Victoria University can be among the top Universities to champion teaching of Climate Finance and natural resources tailored short courses and our appointment was due mid-May 2025. What a strategic loss!
Rajiv represents thousands of Ugandans who have perished on the roads being constructed due to the negligence of site Engineers and we are still counting the loss if nothing critical is done and the government inquiry report will be just a paradox. Leave alone Busabala road junction, hundreds of Ugandans have perished in Mabira Forest, the Tirinyi road was a death trap for many road users, Arua–Yumbe road and many other roads under construction in many parts of the country and this is without forgetting the northern bypass that has caused disaster to road users.
When I see these road barricades, I see death. Ugandans are concerned why the President has been using the same road every day without site Engineers taking caution. Personally, I have had two radio programs and callers showing concern about road safety on uncompleted road sites, one caller predicted danger at Busabala Road and it has come to pass and another caller had this to say on Mabira Road works, if a top government official dies from Mabira road safety negligence, it is when the government will wake up.
Article 22 of the Constitution of the Republic of Uganda protects an individual’s right to life to the extent that no one must be intentionally deprived of the right to life. This goes without saying that the right to life is qualified in as much as the state can interfere with it as authorized by the law.The right to life is a non–devogable right accorded to people and this means that this right cannot be suspended in cases where a country declares a state of emergency.
Clause 48 of the Road Safety Act states that a road authority shall put in place measures to ensure the safety of road users during the design, construction, maintenance and operation of public roads by providing pedestrian crossings, footways, overhead bridges and road signs in a manner prescribed by regulations.
Road construction safety negligence can lead to criminal charges, especially if it results in serious injury or death and examples include involuntary manslaughter and negligent vehicular homicide, the key issue is gross negligence and a failure to exercise reasonable care that significantly deviates from what a reasonable person would do.
Understanding the nuances between criminal and civil negligence is essential. Civil negligence involves a failure to exercise reasonable care, resulting in damages or injury to another party, usually resolved through compensation. In contrast, criminal negligence is a more severe breach, where the negligence is so egregious that it endangers human life or safety, leading to criminal charges. Many people are wondering as to what kind of charges that can be charged against the Busabala Road junction site engineers and many other engineers that have led to death of hundreds of Ugandans during road construction and it is because they have become a danger to society.
Many people ask, what is the role of the Uganda Engineers Registration Board? and true there were no road safety signs after placing the barricades at night and even when they placed them, they are placed one meter before the diversion or next to a road barricade. In some countries, road contractors are required to use plastic road barricades filled with water or sand purposely for road safety and why is it in Uganda they use concrete barricades?
The same Chinese that use road barricades that are pro-life saving in their country, use concrete road barricades and other rudimentary road safety instructions in Uganda but any which is cheaper and environmentally friendly road barricade types and other road safety materials which we cannot afford as country? Is it that we present low standards during our technical road designs by the Ministry of Works? Butis prudent that whatever happens on the road during construction must be specified and who are the supervisors of these road contractors while enforcing specifications? These are many unanswered questions.
Let me not forget the possible charges, starting with the company/contractor and the site Engineers responsible for the Busabala road accident fiasco. Criminal negligence suits them best, it is a serious issue that can have devastating consequences for everyone involved. Understanding what criminal negligence entails and how it’s evolving is crucial for staying on the right side of the road safety law by Engineers.
Criminal negligence does not require intent to harm Instead, it will focus on the defendant’s failure to perceive a substantial and unjustifiable risk that resulted in significant harm. The emphasis is on the failure to recognize risk rather than intent which underscores the serious nature of criminal negligence in this case. The courts must hold site engineers accountable for their actions, ensuring that grossly irresponsible behaviour that endangers others is met with appropriate legal consequences. Criminal negligence occurs when an individual’s reckless disregard for the safety and well-being of others results in harm or potential harm. For instance, if a construction site manager ignores safety protocols, leading to the death of workers or road users, this can be seen as criminal negligence due to the blatant disregard for safety.
Denis Tukahikaho Ph.D. is an expert on Cooperatives, Financial Inclusion and Renewable Energy Investment
The repercussions of a criminal negligence conviction extend beyond legal and financial penalties, significantly affecting the defendant’s personal and professional life and this is why the Engineers Registration Board must make an independent inquiry into the conduct of the site Engineers at Busabala Road junction that has claimed lives of many Ugandans and if found guilty, they must be on criminal record and severely limit them on career opportunities, especially in fields requiring high levels of trust and responsibility.
Therefore, the Busabala road junction accident is a wake-up call for many Engineers to understand these consequences as individuals and organizations must appreciate the serious nature of criminal negligence and the importance of adhering to safety and professional standards. This article creates awareness and desire to drive efforts to prevent negligence, promoting a culture of responsibility and care across various sectors if not a sleeping giant, the Uganda Engineers Registration Board must constitute an independent inquiry into the activities of the contractor and site engineers responsible.
Ministry of Works and Transport must wake up to protect Ugandans during the design, construction and management of road sites. Lastly, concrete road barricades must be banned and replaced with plastic road barricades or something better to protect people’s lives. RIP Rajiv.
The author, Denis Tukahikaho Ph.D. is a Global Certified Carbon Literacy Expert. Ag. President – The Society for Environment & Climate Finance Professionals. Managing Partner – Climate Hub International-UK & Country Lead – East African Region.
Comments
