Article 47 of The Constitution of Uganda, 1995 provides for detention under emergency laws. In the event that someone is detained during a state of emergency, the provisions under this article shall guide how they are treated. Under clause (a) the detained person has to be given a statement in writing specifying the grounds upon which they are detained or restrained. This is in line with Article 28 (2) (b) which requires that a person who is arrested is informed immediately in a language that the person understands of the nature of the charge. This promotes natural justice as it ensures a fair hearing as the individual is able to prepare their defense and also to appreciate why they are being detained.
Clause (b) of Article 46 is to the effect that the spouse or next of kin of the detained person shall be informed of the detention and allowed access to the detained person within the first seventy two hours. This is equally in line with natural justice and enables communication to be maintained with loved ones.
Clause (c), a notice has to be published in the gazette explaining why the person is in detention not exceeding thirty days from the date of commencement of the detention or restriction.
All these clauses ensure that the person in detention is given fair treatment and the persons of interest are not worried about his/her whereabouts or wellbeing. Despite the state of emergency in the country, some fairness is maintained