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WHO IS FOOLING WHO? Is Hamis Kiggundu, a patriotic Ugandan or a dishonest borrower hiding behind the law? The Latin maxim 'semper necessitas probandi incumbit ei qui agit' essentially means 'he who asserts must prove. It is interpreted to mean, ‘he who asserts/alleges must prove.’ This has been the accepted legal burden of proof in justice systems, the world over, for centuries. The whole reasoning behind this is that to minimise costs and damage, but to also discourage unfair accusations, the legal duty of burden of proof must always lie on the accuser to prove beyond a reasonable doubt, the veracity of their claims.
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