Published on 15/10/2024
Fred Muwema, Chairman of the Anti-Counterfeit Network, announced that consultations on the Anti-Counterfeit Goods and Services Bill, 2023, have revealed a strong public demand for harsher penalties. Many Ugandans are advocating for severe measures, including the death penalty or life imprisonment, for those convicted of producing counterfeit products.
This push for stricter penalties stems from the serious health risks posed by some counterfeit goods, leading to calls for increasing the proposed 10-year prison sentence.
Muwema made these remarks on Monday 14th October 2024 while addressing journalists at Parliament, where he and Jonathan Ebwalu (Soroti West) provided updates on the Bill’s progress. This comes after Asuman Basalirwa (Bugiri Municipality) was granted leave by Parliament in July 2023 to present the Private Member’s Bill.
“The proposed punishment is 10 years, whereas previous penalties were only 2 years or a fine of UGX 2 million. During consultations, many expressed that counterfeiting is lethal, warranting death or life imprisonment. The aim of the law is to make engaging in counterfeiting highly risky, hence the stringent punishments,” Muwema stated.
He defended the Bill by highlighting the prevalence of substandard medicines, including anti-malarial and HIV drugs, which contribute to the deaths of between 500,000 to 1 million Africans annually.
“We are losing lives; even now, a child is dying of malaria, likely due to substandard or counterfeit anti-malarial drugs. This not only affects health but also has significant economic implications. If a mother’s child is ill, she cannot work, leading to an estimated economic loss of US$40 million in Africa. In Uganda, 20-30% of our national budget is wasted on counterfeits, illustrating the far-reaching impact of this issue,” Muwema explained.
Despite the severe risks posed by counterfeits, Muwema noted that this subject often receives insufficient attention due to a lack of research on its health and economic impacts. He expressed hope that the enactment of the Bill will provide a foundation for future research.
“The Bill clearly defines counterfeits, which is crucial since Uganda has been the only country without a specific law addressing this issue. A counterfeit imitates an original product. There will also be a public awareness campaign once the law is passed, aiming to educate citizens on how to identify counterfeits and promote self-regulation to prevent their proliferation,” Muwema remarked.
He urged the public to support the Bill, emphasizing that everyone is affected by counterfeits, which can lead to numerous road accidents and building collapses. Often, blame is placed on individuals rather than recognizing the role of substandard products.
“We’ve seen many accidents on our roads, but we rarely investigate their true causes. We quickly blame boda bodas or drivers without considering that many spare parts in use are counterfeits. Similarly, buildings in Kampala and other regions have collapsed, yet we often blame engineers instead of examining the counterfeit materials used in construction, such as substandard cement,” Muwema concluded.
