Category Kampala

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GOVT SHOULD PLAN A NEW CAPITAL CITY,LEAVE KAMPALA!!

Oct 6, 12 4:14 PM


SUMMARY: The debate on the shifting of the capital city is healthy and not new. After all, Kampala was not always our capital. The British had two reasons not to have it as one: it was hard to change the road system, for example, from the then existing ‘star topology’ to the desired British ‘Garden City’ tradition. Two, it was not convenient to have two sovereigns in one place. The British and Buganda monarch, together, at least according to one of the administrators then. Decentralisation of ‘a capital functions’, e.g. Parliament from civil service, Ministries, is healthy, especially considering the current traffic chaos, exacerbated by the ‘boda-boda’ menace. Others have done it and so can we. Nice reading.

1/5. The issue of a new capital is not new, even if we leave out Obote’s dream of moving to Mbale [after the proposal by a non-member of the Lukiiko , sitting in the gallery] that he should remove himself from Buganda land, since he had broken a mutual agreement….an issue the then PM of Mmengo maintains today, was never debated and passed by the Lukiiko] and the idea of some Amin men to shift to the better centrally placed Nakasongola.

2/5. The historical truth, un-adulterated b our own history of failing to manage our independence, bears out the fact that a shift to a better planned capital is not madness. Even the current Lord mayor of Kampala has once joked that may be the ever expanding parliament should move to Lweera [the empty expanse on K'la -Masaka highway, along L. Victoria].

How did Entebbe become capital?

3/5. In the 1890′s, the colonial administrator noted that Kampala [like Lagos in Nigeria was a pre-existing native city, planned and built according to the needs of the then Kingdom of Buganda. For example, while back in England, the 'GARDEN CITY' tradition and practice was very popular, where by streets were parallel to each other, with lend in-between cut into squares], Ganda road-construction was a ‘start-topology’, with the King’s palace as the hub. The Ganda practice was ‘simple-stupid’ but wonderful, as Stanly later came to admit: nothing like this was known even in Europe. How simple was this> In Buganda kingdom, ‘all SAZA [provincial headquarters] had to have a road, best if straight] reaching up to the King’s palace’-as simple as that. The construction was by communal contribution of manpower but maintenance was voluntary whereby each community/land owner or chief maintained that portion of the road passing through his area. Thus was born and sustained the star-road system that the Europeans found a spectacle worth beholding.

4/5. Since this system could not fit in the ‘square-planning’ of the garden city tradition, the local administrator had one option: virgin territory and Entebbe , because there was no other ‘boss there’ and because of proximity to the lake, was an easy candidate. What he did was simple: draw squares in the chosen space, put the governor at the highest point, a military garrison at the extreme end and the Nubian camp followers next. Hence, Entebbe became the first town in Uganda to be well planned and that is why the Post Office has found it easier today to introduce ‘home mail delivery’ [because of existing, predictable plot numbers, etc] here first, not in bigger Kampala.

5/5. CONCLUSION: The shift to a new capital or even the decentralisation of central government functions, to better places that can be better planned, is not worth debating any more. Even the Hon. Min. of Trade and Commerce [Jennifer Musisis's nemesis] just suggested that, after the ‘caravan site’ [Centenary park] scuffle, giving Abuja, Dodoma, Lilongwe , etc as example. The trouble is still our bad politics: We are not in the sixties where, when the government plans for and budgets 22 hospitals, these will be in place on schedule and as designed/equipped. Today’s projects never achieve their design objectives, that is, when they start at all. The purchase of 30 million ID’s delivers only a few copies for the president and his cabinet. 170,000 bicycles [for the still illegal Local council chairs] disappear in thin air, so long as the concerned civil servants and middle men plead they funded the ‘big’ man’s re-election, etc.

As we prepare to mark the 50 years of failing to rule ourselves [like per UNC/ Musaazi's slogan in the 50's: 'Abazungu baddeyo ewaabwe. Twefuge bubi naye nga twefuga' meaning: "let the colonialist go back. We better be free, even if we may mis-rule ourselves" [how true his prediction became], …a few things can be noted:
1. the green of the ceremonial grounds had been destroyed, replaced by concrete.
2. The green parks [near Lugogo Shell, to the east and to the south of the airstrip] have been developed into concrete jungles. No wonder, buses from karamoja, Acolil, Kisoro, etc have to borrow parking space at a School [City High, whose land is already parcelled out], a distance a way.
3. the place is fenced, making it risky, in case of chaos.
4. Like musazi was imprisoned in moyo and binaisa in karamoja, the freedom fighters of 2de like Hon. Nsereko, Dr. besigye, Hon. mpuga, mayor Lukwaago, etc are imprisoned in their homes by the PGB, without court order. the police are the accuser, the judge and the executioner.

Good side:

the good side of the self-congratulatory exercise is:
1. There will be free food at Kololo, come 9th october.
2. All lawns and road-reserves around Kololo have been mowed free. Indeed, to those who have, more will be added. CONGRATULATIONS..

Christopher Muwanga,
Nakasero,
Kampala.

Comments (1)

KAMPALA CITY: LET’S GO THE MOI WAY

Mar 12, 12 7:02 PM

Professor of politics indeed he was. Now glorified for his hitherto chastised obstinacy, Kenyan Baaba wa Taifa, Mtukufu Daniel arap Moi used his ‘dictatorship’ to solve the Nairobi Mess, which Uganda can learn from to fix the Kampala Mess. Faced with a fracas worse than what we see in Kampala, he set up The Nairobi City Council Commission, akin to KCCA here. One unique feature about the NCCC was that it was under a purely technical management dispensation. No mayors. No councillors. No politician whatever. The NCCC, created by one man harangued for his dictatorship, set the agenda and foundation for the marvel that we see today in Nairobi. The new reforms that brought in the mayor and councillors found systems too entrenched to be shaken by political squabbles a la Lukwago, Munyagwa versus Musisi. The Minister for Nairobi, a compromise office under the co-habitation government, equally has his supervisory roles defined. And The City in the Sun is shining.

Kampala must go the same way. We must start afresh. The current ‘technical’ team and ‘political leaders’ are all too power-obsessed to have any impact. We have men and women in this country who can do us better than we are getting now. And the current law ( KCCA Act) must be scrapped totally. It is the source of all this mess. If Kampala Capital City is under the central government, it cannot be a local government again, with mayors, councillors, RDCs, et al. As we seek a better law, let the PS Public Service take over as signatory to the World Bank funded Kiteezi Garbage Project. Hiding behind ‘interpreting the law’, the protagonists in the KCCA feud are primary fighting over the billions under this project. Started during Ssebaggala’s times, the terms of the project are that the mayor is the signatory to the account. Musisi wants to sign. Lukwago wants to sign. The project has stalled. Garbage is flowing. Residents risk catastrophic epidemics. The workers there were sacked under the new KCCA arrangement. The peasants, whom each side in the KCCA feud claims to be fighting for, are the victims, both in Kampala and in Kiteezi. Musisi’s children have a better life. Lukwago’s children dont go to Nakivubo Blue Primary School.

Parliament, lawyers, civil society, please, help. Else, the Luzira deaths seem a precursor for worse times.

Every waking day in Kampala dips our hopes even further, of ever living in a decent environment. What exactly is the problem? I have not read the KCCA Act but from the actions, behaviour and comportment of those whose roles and functions it defines, one can safely conclude that we are governed by a very bad law, inadvertent or otherwise. How does one explain an entity that has a lord mayor and councillors, mayors and councillors, a minister, an RDC and deputies, as political leaders; with a technical team that directly reports to the national head of state? Is it a local government, a ministry, a parastatal, an authority, an NGO, or a movement?

What exactly did the framers of this law have in mind as they went about passing each clause? Did they envisage a Kampala Capital City as a geographical entity, with an administrative status of a local government, and then the Authority, a statutory body mandated by the central government to manage Kampala Capital City? What does KCCA as we have parroted it, exactly mean? Is it a fusion of an authority (as in Uganda Investment Authority, National Drug Authority, Uganda Revenue Authority, et al), and then a local government (as in a district, a municipality, or city) or the two are different? Can Kampala, the geographical entity, be a local government and a national statutory body (authority), at the same time?

Just like in other situations where we have sought independent management, isn’t it time we got an independent, professional management company, with no loyalties whatsoever? Something like a Kampala Metropolitan Management Company (KAMCO)? We negotiate terms and their management fees. This arrangement will not have taken away the people’s sovereignty and powers, since people’s councils will remain in the form of Neighbourhood Assemblies, which will demand for services, in consonance with their taxes collected by KAMCO. The Neighbourhood Assemblies will handle local neighbourhood matters. Education, roads, health, water, power, security, planning, public transport, and all other services shall be delivered or supervised by the technical staff recruited and paid by KAMCO, according to the management contract with the Neighbourhood Assemblies. Our obligations and expectations shall be defined in the context of paying taxes and receiving quality services respectively. The Chief Executive of the managing company will be under a different dispensation, with the overall responsibility of overseeing an operations team to deliver services to the city residents. The success of community policing and other community efforts by citizens is an indicator that people can plan their own affairs. This actually is the genesis and true meaning of civil society.

Amon b mbekiza
kampala

Comments (1)

Move away from personalities like Obote, M7, Amin and start to think systemically

Dec 1, 11 12:44 PM

H.E. President Gen. Idi Amin gives his speech on the Anniversary of Economic war

H.E. President Gen. Idi Amin gives his speech on the Anniversary of Economic war

Dear UAHs,

The third world mentality which revolves around personalities is the one killing Africa and most especially Uganda.
Our people do not think in terms of what works. Instead, they think in terms of personalities as in M7 hasn’t built the hospital, he hasn’t given people money, or Obote built a road, Obote gave us money etc. This is the cancer in the minds of our people and most especially the so called elites in Uganda.The failure of Ugandans to move being personalities is a chronic illness which has disabled our people’s capacity t think systematically.

What can we do to make our people think in terms of what works and what works for who? What can we do to make our people think in terms of having a professional, outcome focused and a resource / needs led services which is guided by law, policy and ethics?

People think that if Obote, M7 or Amin is a president, then there will be excellent schools, hospitals, roads etc. They think that it is presidents who build schools, hospitals, roads etc. And that is what makes Uganda a third world country. People wait for the presidents to fight poverty, disease, load shedding, impassable road, traffic jam etc. Basically, in the small minds of our African people, a president is next to God. And I do not blame M7 for saying that he is the only one with the vision for Uganda because we have made him to think like that.

The funny thing is that Africans/ Ugandans are too quick to blame dictatorship yet, they create these dictators through the way themselves think. If you think in a dictatorial manner then why do you blame dictatorship? For example if your mind is set in such a manner that development of a country can only be brought by one single individual then you are as silly minded as the individual dictator himself.

Nations are built by the people themselves and not by one single person. When a single person builds a nation, then, another single person will come and destroy it. Issues of national interest go beyond personalities. That is why Betty Kamya called for people to start thinking past M7 because he is a mortal.

Ugandans must start to think systematically. Lack of systemic thinking is the biggest challenge Ugandans have. If people even think that during Obote’s government schools were excellent, then I wonder why we lived in separate worlds but in the same country. I come from Mukono and Obote never ever built a single school in Mukono.

Every single school in Mukono was built by the people of Mukono and not by Obote. During Obote’s government, we had appalling schools and good schools just as it is today. There was not a single system of education which ensured good outcomes. The standard and quality of education was terrible just as it is today.

I visited Northern Uganda during Obote’s government and I can assure you that the place was primitive, and extremely backward. Many areas of my home district were almost very hard to access. Just travelling from Mukono Tax Park to a place called Ssi in Bukunja was almost a whole day’s journey and only one bus used to go there.Stop lying to the world that Uganda was an excellent country during Obote and Amin. Uganda has never been an excellent country. We have never been better at all. It is until you guys learn that we have been under-developed for the last 40 years, that we can move forward.

Moving forward requires people to acknowledge that their situation needs to change and then, think about the resources and systems which can bring about change.

Relying on single individuals like Amin or Obote is a sign of naivety and it is just a temporary remedy. Yes an individual can build a road but can he guarantee its sustainability and existence in the longer term?

Ugandans must start mapping and measuring their health, education, transport, security, justice and other systems so as to identify where some of the key blockages and challenges lie, and the go on to design a sound, synergistic (combined action or functioning) and system-ready interventions targeting those weaknesses.

With rich, multi-stakeholder partnerships and system-wide optics at its core, systemic thinking has great yet untapped potential in designing and evaluating the system-strengthening interventions.

For you to start thinking systemically, you must develop a deeper understanding of the of how “problems” are part of the systems. This technically means that your thinking must be non-linear as in relationships within a system cannot be arranged along a simple in-put out-put line. Basically this is akin to the thinking that if you make Obote a president and then you going are to get excellent schools, wonderful human rights records, disciplined army etc. This is nothing other than appealing to simplicity. It is not only nonsensical but myopic.

You need to change the entire system, by taking the powers down to the regions and then implement policies at a local level, involving the stake holders at a regional level than making directives from state house.

This kind of approach will foster direct links to policy-making, and better ownership of processes and outcomes through wider participation by implementing and fostering ownership of interventions at the national and regional levels.
That is why I tell you that it is high time for all Ugandans to put their shoulders to the wheels of change through anchoring a dynamic, carefully designed, and decidedly functional architecture so as to produce systems capable of high performance with equity.

At the same time, you also have a choice here. You can continue praising your dictators, beg them to do for you things, or open your palms and wait for them to put food, water, housing, education money etc therein. I wrote here yesterday that Belgium has not had an elected government for over 450 days but every single service in the country is running efficiently. With a good system in place, people do not need presidents to do things for them. The federal system of government empowers people to do these things for themselves. Kenya has just realised this and they have chosen to go federal.

What have I not told you? Oh yes, I have not shared my view that they reason why Ugandans are hooked on begging dictators to do things for them. I think that Ugandans suffer from provincialism. Provincialism is the assumption that what is familiar is the best. It is the failure to see the world differently from one’s usual way. This is reflected in our social, political and religious myopia. We never want to try doing things differently even when it is the best alternative.

Richard Mukasa
LONDON

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IMPLICATIONS,CONTRADICTIONS AND IMPLEMENTATION FAILURES OF KAMPALA CAPITAL CITY ACT 2010

Jul 20, 11 2:23 PM

There are several challenges surrounding the management of Kampala as a Capital City of Uganda. These challenges emanates from Political, Legal, Economical and Social issues. In this first presentation I wish to examine the challenges, implications and Contradictions in the new Kampala Capital City Act 2010.


1. What is Kampala Capital City Authority (KCCA)?

Parliament as the author of the Kampala Capital City Act 2010 should come out clearly and tell the Country what Kampala Capital City Authority is i.e. Is KCCA an administrative Authority like Civil Aviation Authority or Uganda Revenue Authority or it is a Political institution/ Local Government conforming to provisions of Chapter 11 of the constitution of the Republic of Uganda. If KCCA is an administrative Authority, then why does it have elected leaders and Urban Division Councils under it?

Section 5 of the KCCA Act provides that, there shall be an Authority to be known as Kampala Capital City Authority.

Section 5(3) provides that the Authority is the governing body of the Capital City and shall administer the City on behalf of the Central Government.

Section 5(4) provides that, any enactment that applies to a District shall be subject to this Act and with necessary modification apply to the Authority. By implication therefore, KCCA is a modified Local government.

In addition, Uganda through the Constitution article opted to be governed under decentralization as a matter of policy. The introduction of an Authority to administer a Local Government on behalf of the Central Government is a big diversion from the Decentralization Policy.

2. Is the Executive Director a Political Appointee or a Civil Servant?

Section 17(2) provides that the Executive Director shall be appointed by the President on the advice of the Public Service Commission. Indeed the Act in Section 19 outlines the functions of the Executive Director which are more less the same as those of the Chief Administrative Officers at Districts levels, as provided for under section 63 of the Local Government Act.

However there are overlaps in the laws which may be used to whittle down powers of the elected leaders in the City. For example, Section 19(u) requires the Executive Director to be responsible for the Authority day –to – day operations, while section 17 (1) makes him/her the Chief Executive officer.

Section 19 (v) requires the Executive Director to make a report to Council (Which Council?) on the State of Affairs once a year or as the Minister or Authority may determine. The equivalent of the State of Affairs for a City is the State of the Nation for the Country. What other person or Officer can deliver the State of the Nation Address than the President? The equivalent of the President in Kampala is the Lord Mayor how then can he be denied this seemingly ceremonial role of addressing the Country on the State of Affairs in the City.

Section 11(1) (a) provides that the Lord Mayor shall be the political head of the Capital City, while section 17 (1) provides that the Executive Director shall be the chief executive of the Authority. What is the difference between the Kampala Capital City and Kampala Capital City Authority?

Section 6 however provides that, Kampala Capital City Authority members are;

a) The Lord Mayor

b) The Deputy Lord Mayor

c) One directly elected councilor representing each electoral area

d) Two councilors representing the youth

e) Two councilors representing people with disabilities

f) Women councilors forming a third of the Authority

g) One councilor representing each of the following professional bodies;

i) Uganda institution of professional engineers

ii) Uganda society of architects

iii) Uganda medical association

iv) Uganda law society

Whereas section 5(3) provides that the Authority shall be the governing body of the City, the Executive Director is not on the list of members that make up the Authority as provided for in Section 6 of KCCA. Therefore, when and how does the ED come to the Authority to head it?

The fact that the Executive Director holds out as the Top most Person in the Authority creates confusion in the Authority and offers a fertile ground for power conflicts. There is need to draw a clear line of leadership in the Authority between the Lord Mayor who chairs all meetings of the Authority whose functions (Authority) under Section 7 ranges from Political to administrative on one hand and the Executive Director whose functions under Section 19 makes him/her the head of Civil service as well as being the Accounting Officer.

This can be achieved by amending Section 17 (1) which provides that the Executive Director shall be the chief executive of the Authority for avoidance of doubt.

3. Minister

Section 2 establishes the post of the Minister in charge of Kampala who has been given over bearing powers over the elected leaders of the City, for example;

• Section 21 provides that the minister shall appoint the members of the metropolitan Authority.

• Section 13 provides that the minister shall make regulations of the election of the representative of professional bodies.

• Section 77 provides that the minister shall be responsible for determining the remunerations of all the elected leaders in the KCCA including the Lord Mayor and division Mayors.

• The minister under section 79(3) has veto powers over decisions taken by the Authority that may appear illegal to him or her.

• Section 79(2) the ministers has general powers to give directives on policy and general development of the city.

• Section 26, the minister has powers to make regulations for the operations of the metropolitan police.

Unfortunately, up to now there is no minister for Kampala to exercise these and other powers.

4. Resident City Commissioner (RCC)

Section 71, provides that there shall be for the Capital City, a Resident City Commissioner who shall be appointed by the President and under section 73 it is provided that, there shall be such number of deputies or Resident city commissioners representatives in the capital city as the president may determine. The president has been given a blank cheque to fill in the number of RCC he may wish to appoint.

The functions of these Presidential representatives as provided for under Section 72 are similar to those of the Lord Mayor, those of the Executive Director and those of the Minister. Ordinarily it would be expected that the President does not need an equivalent of the RDC in the capital City because apart from the Lord Mayor , Mayors and Councilors all the other officers of the City are either appointed by him directly or indirectly through his appointed officers. The President is over represented in the City. We shall therefore need more money for salaries instead of providing services to our people. My proposal is to do away with the RCC and or their Deputies for the Executive Director and the Minister can ably represent both the Central Government and the President in the City.

5. Lord Mayor all alone?

Apart from the Deputy Mayor whom the Lord Mayor has to appoint on guideline from among Councilors in a fully constituted Authority, the Act does not give the Lord Mayor a Cabinet.

In the Authority the Lord Mayor doubles as the Speaker who is supposed to be impartial during the Authority meetings.

It therefore follows that as the executive the Lord Mayor generates matters of policy single handedly, takes them to the Authority and chairs meetings to discuss them. This is against the Principal of separation of powers.

The arrangement is not different with the Urban Division Councils of Rubaga, Makindye, Kawempe and Nakawa where Division Mayors are only mandated to appoint a Deputy Mayor and Work without an executive. Similarly there are no speakers at the Divisions.

The law should give the Lord Mayor and Division Mayors Executives and introduce the Position of the Speaker for the Authority and the Division Councils.

6. What is the role of Divisions?

Section 20 provides for lower urban councils under the Authority which include divisions, wards, villages and street committees.

Section 35 provides that, the Authority may in consultation with the central government devolve the functions and services to the divisions. It is not mandatory that roles shall be devolved, it’s optional.

This is an absurdity to create an administrative entity without clear roles, as it can be noted from above divisions have no clear roles, that’s why today there is already conflicts between the divisions and KCCA

Section 49: provides that the budget of the KCCA shall be made by the Authority, which means that the division councils cannot formulate their budgets yet under section 31(d) the division town clerk is required to present an annual budget to the division council. There is need for division councils to formulate their budgets to be harmonized at the Centre (Authority).

The divisions have no votes and all the finances are controlled at the center of the Authority as provided for under section 19 (b) also see the attached letter from Permanent Secretary/Secretary to the Treasury to Executive Director dated 2/may/2011

The Law should be amended to restore the Urban Division Councils in their former position with the necessary modification.

7. What is the status of the KCCA Councilors?

Section 33 provides that councilors on Urban Councils shall serve on part time basis; the law is silent on councilors at KCCA.

Are they also part timers or full time employees of the Authority?

If councilors are part timers why were they required to resign their jobs before nominations?

Councilors’ sitting under the Chairmanship of the Lord Mayor forms the Authority which is equivalent to a Parliament or other Councils and this is the Authority which is the Governing body of the Capital City.

However the functions of the Authority as provided for under section 7 are so mixed up and include even implementation roles. For example Sections 7 (g), (h), (I), (j) (k) (q), (r) and 7(2) are all technical roles. These are hanging contradictory functions of the Authority which makes it an implementing institution and yet still the Council or Parliament.

Section 7 therefore needs to be amended to remove implementing roles from the Authority if the Authority which was envisaged under this section is that one whose composition is provided for under Section 6 of the Act.

8. Metropolitan Physical planning Authority

Section 21 establishes a Metropolitan Physical Planning Authority with the following functions;

1. The metropolitan Authority shall be responsible for;

a) Developing Physical Development plan for the Capital City and the metropolitan area.

b) Handling and addressing planning issues within the Capital City and the neighboring districts of Mukono, Mpigi and Wakiso

c) Planning major transportation, infrastructure and other utilities in conjunction with other relevant bodies

d) Planning recreation parks, tree planting, green corridors and other environment areas;

e) Overseeing and monitoring the execution of the Metropolitan Authority Development Plan

f) Approving the Capital City, Municipal and Town structure plans and

g) Beautification of the Capital City and the Metropolitan area.

2. The Metropolitan Authority shall have power to veto physical plans or activities that are inconsistent with the Metropolitan Authority Development plan, the metropolitan structural plan or land use policy.

3. The Metropolitan Authority shall ensure that land use in the City and the metropolitan area follow designated plans, irrespective of the tenure of land.

4. The metropolitan Authority shall prepare comprehensive and integrated development plans incorporating the plans of the Lower Urban Councils.

The above responsibilities are by no means enormous but the law is quiet on how and where the Metropolitan Authority will get funds to perform these functions let alone the staff. The law does not lay down a framework or structures through which planners at the Metropolitan Authority will reach the Local governments of Mukono, Mpigi and Wakiso. The law does not expressly provide for the representation of Districts on the Metropolitan Authority. Section 22(3) seem to target private land owners and is prone to abuse.

In addition the establishment of a planning Metropolitan Authority to cover Kampala, Mukono, Wakiso and Mpigi is in conflict with section 35 (1) of the Local Government Act which provides that “The District Council shall be the planning Authority of a District” AND Section 30 (3) which provides that “The Urban Councils shall have autonomy over their planning and financial management when carrying out functions and services specified under Part 3 of the second schedule of this Act”.

The Metropolitan Authority cannot therefore Plan for the districts of Mukono, Wakiso and Mpigi without a prior amendment of the Local Government Act.

9. Vacancies

Section 23 provides that the president shall appoint the Deputy executive Director.

Section 24 provides that for effective operation of the Authority, it shall have the following Directorates; Administration and Human resources Management, Treasury, Engineering and Technical services, Public Health and Environment, Education and Social services, Legal Affairs, Revenue collection, Gender, Community Services and Production, Internal Audit and Physical Planning and that each Directorate shall be linked to and foreseen by a standing Committee of the Authority.

All these offices and many others are still vacant creating a very big vacuum.

Section 25, provides that the President may, appoint persons to hold or act in any office in the service of the Capital City of the rank of head of department, including the confirmation of their appointment, disciplinary control over such persons and their removal from office. Considering the status of the presidency the Act created unnecessary Work for the President and most probably the President will not be able to perform the above roles effectively.

10. Who is in Charge of Kampala Capital City Authority Land?

Article 239 of the Constitution provides that the Uganda Land Commission shall hold and manage any Land in Uganda vested in or acquired by the Government and Article 240 provides that there shall be a Land Board for every District. Article 5 (4) gave Kampala a special status which has been strengthened by the Kampala Capital City Act. The Continued existence of Kampala District Land Board therefore is unconstitutional. Even if this Board is to be converted to be called Kampala Capital City Authority Land Board the Constitution does not envisage it and would therefore be unconstitutional.

In total disregard of the fact that Kampala Capital City Authority is a custodian of land on behalf of the public and its own behalf, the Kampala Capital City Act 2010 does not have a single section providing for the existence of a land board or management of Land in the City.

However, currently the old Kampala District Land Board, in total disregard of the above fact, is transacting business including allocating land in the Authority and issuing leases on behalf of Kampala Capital City Authority. This is a very grave anomaly.

11. Capital City Contracts Committee

Section 61 of the KCCA provides that there shall be a Capital City Contracts Committee with members appointed by the Executive Director from among Public Officers and approved by the secretary to the treasury. In absence of this committee, section 69 provides that the secretary to the treasury may in consultation with the Permanent Secretary of the ministry responsible for the capital city, allows the Authority to use the services of the ministry responsible for the capital city or another contracts committee the treasury considers appropriate.

In the circumstances therefore, at the moment, Kampala Capital City Authority does not have a contracts committee constituted under sections 61 or 69 of the Kampala Capital City Act 2010. This therefore implies that the public procurement and disposal of public assets currently taking place in Kampala is illegal. And this has very serious legal implications.

12. Capital City Public Accounts Committee

Section 58 (1) provides that there shall be established for the Capital City, a Public Accounts Committee consisting of a chairperson and four other members appointed by the Authority on recommendation of the Lord Mayor and with the approval of the Minister.

The Lord Mayor is yet to recommend members to the Authority for appointment but even if he had, there is no Minister to approve them. The problem with Kampala Capital City Authority leadership is partly due to the fact that both the political and technical leadership at all levels are not doing the first things first. In other words, in Kampala the cart has been put before the horse.

Observations.

Poor Draftsmanship

The Act is full of errors which gives very different meanings to the law, for example; section 82(d) provides that the minister shall in consultation with the Electoral Commission make regulations for the election of the Lord Mayor and Deputy Lord Mayor whereas section 9(2) provides that the Lord Mayor shall be elected by universal adult suffrage through a secret ballot and that the Deputy Lord Mayor shall be appointed from the councilors with the approval of the Authority.

In some sections the Act talks about the “Council” for example section 19 but in actual fact there is no Council to talk about at the level of the Authority.

The Spirit of the Law.

This act was made in bad faith, it is built on the mere fact that one party failed to win elections in Kampala in consecutive elections. The intention was to disenfranchise the people of Kampala and extend the boundaries of the city to Mukono Wakiso and Mpigi.

The law incidentally ended up affecting the untargeted Division Councils more and rendering them redundant. It in addition made decentralization in the City impossible.

However the opposition has its self to blame for failing to prevail over its members who have been the successive Kampala leaders. Corruption, mismanagement and outright stealing of public funds and property by opposition leaning Kampala leaders offered a fertile ground for Kampala take- over. The process was hurriedly done and nobody had time to study this Law.

Not Transitional problems

The most existing problems in Kampala are not transitional, they are deep rooted in the law and the intentions of the people who advocated for the Kampala take over. However well intentioned the current Executive Director is, she cannot run away from the maladministration of the Present Government. A case in point is her U-turn on UTODA issues and her method of frustrating the Lord Mayor who had set off on a good note to fight thugery in the City.

The Executive Director has put up a show with a number of cosmetic activities but in the actual sense there is no real work going on in the city. The Country shall wake up one day to find that we were taken for a ride. Currently the executive Director has sidelined all the former KCC employees who have been subjected to group condemnation. She is working with a pool of “consultants” recruited casually and silently by her and paid handsomely. These young Men and Women all born again Pentecostal Christians are sent on errands in the City on behalf of the Executive Director. In essence the Executive Director is running the City alone while loudly proclaiming that, that is the Position of the law.

Tenders have been given out and big contracts awarded by the Executive Director. How companies are sourced remains a secret. The Lord Mayor is only invited to witness the signing with no say in the deal.

CAUTION

The Kampala Capital City Act 2010 is definitely a very lacking law and cannot be used to cause the desired changes in Uganda’s Capital City. The Idea that Kampala as the Country’s Capital city be given a special status should however be supported. Efforts to deal away with Kampala corrupt leadership need to be supported but it should be noted that Kampala is collapsing due to the work of a well crafted Mafia – racket. The Mafia group is made up of big businessmen and powerful politicians. It shall not be easy to dislodge them but it is worthy starting. It is this group that is believed to have sponsored the Kampala Capital City Act for they had realized that they had run out of tricks to influence elections in Kampala and an anti- Mafia Mayor was in offering.

WAYFORWARD

Clean the existing Legal system of Kampala Capital City Authority by Sponsoring a Petition seeking for the intervention of Parliament in Matters concerning Kampala City and Kampala Metropolitan Authority, with the following prayers;

(i) Setting up of a select committee by Parliament to look into matters surrounding the management of Kampala.

(ii) That Parliament recalls for review the Kampala Capital City Act to address the above anomalies and other contradictions.

(iii) Drop the Sections that put Mukono, Wakiso and Mpigi under Kampala Metropolitan Area and instead give capacity to the said Districts to be able to make plans fit for the neighbors of a Capital City.

(iv) That the President be requested to designate the Minister in charge of Kampala and other officers as provided for under the laws and all leaders be requested to give priority to setting up Kampala Government with all its Departments and Committees before they start on any other work .

(v) That the electoral Commission organizes elections for the remaining lower councils including villages and street committees as a matter of urgency to give the City a full and operational Government.

(vi) That the Executive Director be restrained from holding out as the supreme Governor of Kampala Capital City as these powers are vested in the Authority.

I beg to submit.
Hon Nambooze Betty Bakireke

Comments (1)

How Kampala will get Green Transport -Trams

Jul 8, 11 7:50 PM

First ask – what is a single matatu mini-bus total emission of toxic fumes per single working day multiplied with over 7000 min-buses working in a closed area of less than only 20 Kilometres. Kampala is totally poisoned. One mini-bus consumers over 20 litres of diesel per day.

The best way to solve Kampala Metro Transport system is to start right away with implementing a green transport system – i.e. trams or light trains are very good in terms capacity per route, maintenance cost and alternative use of fuels. They can use both electric power and diesel
.
Mukono will be linked to Kampala Central with a tram
Bujuko linked to Kampala Central with a tram
Kampala Central station to Mulago with a tram via Kitante road
Kampala Central station to Bukoto/ Ntinda with a tram via Kitante road
Makerere University to Central station
Kyengera – Natete, Ndeba to Kampala Central Station

The above are high-density population areas that can bring in quick returns. To kick start this project – let KCCA contact siemens the manufacture of trams to test run these routes before contract bidding.

Kampala to Entebbe Airport
Kawanda to Kampala Central Station
Namanve to Kampala Central Station

The alternative is a rapid transport system using buses. But diesel is one of the largest pollutants. How much will a min bus or a big bus emitted per cubic litre of air?

Daniel Bwanika
http://www.idrc-ug.com

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The Position of Kampala Executive Director is Unconstitutional

Jul 6, 11 5:00 PM

KCCA Executive Director Jennifer Musisi and Mayor Lukwago are at loggerheads(Newvision newspaper)

Why should Lukwago have to go to the constitutional court? It is very clear that power belongs to the people under article 1 of the constitution of Uganda.

The people of Kampala City entrusted Lukwago with the power to act on their behalf. They voted his manifesto. All Musisi, the Executive Director, has to do is to implement Lukwago’s manifesto.

Lukwago does not need to go to the constitutional court for that. Where did common sense go? Why did they introduce a law which openly contravenes article 1 of the constitution?

It is bad that most people in NRM are dense and those with the brains are corrupt sell-outs. None of them could come out and tell Kaguta off. They leave the man to dwell in ignorance yet he is in a position of leadership. They simply sing praises for the dictator, organise military parades and gun salutes, but no advice.

When discussing or providing advise on legal matters, you must use the principles of law. In countries where the law is the king of the land, there is a principle of law called the principle of compatibility with the supreme law of the land. Therefore, before a bill is presented to the house, a statement of compatibility must be read. In law it is called “causing the statement of compatibility”

If the law is incompatible with the constitution then that law is a wrong law. Lukwago was elected by the people of Uganda to act on their behalf. The constitution provides the people of Uganda with the power to elect political leaders to act on their behalf. These leaders are at all levels. M7 had no authority, not even parliament to take away power from the people and hand it over to the C.E.O. It is unconstitutional and it tantamount to a moral turpitude.

A Chief Executive Officer implements the wishes of the directors of the city. And these directors are the people of Kampala who are represented by Elias Lukwago.

The C.E.O must be accountable to Lukwago and Lukwago must in turn be accountable to the people of Kampala. But how can you have a C.E.O who is not even accountable to Parliament?

M7 is consolidating powers around himself through making draconian laws. And nobody in NRM can even see this. The whole thing is hogwash. Why must Lukwago have to cooperate with Musisi? Musisi must be the one to implement Lukwago’s manifesto and not the other way round.

But the situation is obvious. The courts of law must be left to deal with legal dilemmas and issues which common people cannot resolve. Surely, is the Attorney General, IGG, the lawyers in the president’s office and the NRM secretariat too dense not to see how wrong M7 is on this issue?.

There are certain things which are obvious for Christ’s sake. I understand that they came from the jungles of Luwero after doing worse things against the people of Uganda but there has been enough time for them to learn some civilised values.

Civil servants are not employed by the president. They are employed by the public service commission because he/she is a public servant who is permanent and pensionable. M7 is only supposed to elect the people who the constitution allows him to and these must not be in permanent positions. The position of the CEO is permanent and pensionable by the Public Service Commission. That is what I’m saying. M7 has no right to recruit permanent and pensionable employees. He can appoint RDCs, Ministers, Head of the Army and Police etc. But these positions are not held on a permanent capacity.

What was the justification for this? M7 is not supposed to recruit a civil servant in permanent positions. What happens to that individual if another government takes over power?

The Kampala city Bill is a disaster. Whoever designed it must be mad. The differences between the role of the C.E.O and that of the Lord Mayor are vague. The hierarchy in management is also dangerous.This law is not compatible with the constitution and it is not compatible with its own provisions. It was designed maliciously in evil faith.

Some people claim that because the majority of MPs voted in that manner so it is legal and perfect. Well critical thinking doesn’t agree with that. Actually, it argues that the majority are not necesarily right. Talk about the fallacy of the majority belief. Have you ever heard of argumentum ad populum?

I’m not a lawyer but at least, I studied law. And I can assure you that the process that makes the law does not determin the legality of that law although it is very important that the due process is followed. The concept that informs the process of law making is more important than the process itself . In law, the major concept /fundamental principles is that of natural justice. This is the origin/ foundation of law regardless of what process you use to make the law.

The principles of natural justice require you to hold the truths that; all men are created equal, that they are endowed by their creator with certain unalienable rights. Aristotle adds that “it is of man’s essence to be a free, rational social being; that acts corresponding to man’s essential nature are good, the opposite is bad,. Not because the law makes them so, but because nature does and that law is therefore essentially ‘reason’, ‘a rule of reason for rational beings’.

Cicero also writes that of all things, respecting which learned men dispute, there is none more important that clearly to understand that we are born of justice, and that right is founded not in opinion but in nature.

St Thomas Aquinas wrote that law is an ordinance of reason made for the common good. That natural law is divine law revealed through natural reason and the need of man to conform to natural law is merely that he conforms to his own nature as a rational being.

For M7 made a law that all people who are caught with arms including knives, arrows spears, guns etc must be court-martialled. But the process through which this law was made does meet the principles of natural justice such as; ‘reason’ ‘equality’, ‘common good’ etc. As such, the court martial is stuck with cases where people were arrested with knives.

Another example is the Enabling law which allowed Hitler to pass laws for four years without having the permission of the Reichstag. This meant that he ruled more or less how he wanted. It gave him a legal basis for doing what he did and this was important. It allowed him to ban all other political parties for example, making him a legal dictator. But it does not mean that what Hitler did was right in terms of natural justice despite what the written law stipulated. It was wrong because it did not follow the principles of natural justice.

In law, judges always make reference to “common sense”. Do you know why? Because natural justice which overrides, requires you to “reason rationally”. Even if you are following the written law, you are expected to reason.

In UK, we study law but hand in hand with Ethics and Policy. And where the law contradicts with the ethics and policy, we are required to seek advice from our professional bodies. The written law is not always right. But natural law is always right.

When you read the principle of legal realism which is the third theory of jurisprudence. You will realise that written law is basically not what it dictates but what the legislators, judges, and the public do with it. That is why natural justice prevails all the time.

Another example of bad law and bad law making process is when M7 wanted to remove the principle of innocence until proven guilty. This is a principle of natural justice as well. It doesn’t matter whether this law goes through the process or not, it is a bad law and the courts must not follow it.

RICHARD MUKASA
LONDON

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Ssebagala’s case Reminds me of Al Hajji Ssebirumbi and Maj. Nassur Abdallah

Jun 11, 11 6:32 PM

In 1980 the UPC had an MP called Al Hajji Ssebirumbi, I think his constituency was Luwero, I don’t remember. This Hon. Ssebirumbi MP did not speak English at all. I honestly wonder how he managed to represent his constituency without any knowledge of the official language, English. The man was what the people used to call, a ”UPC die-hard”. He was always in the news with praises of the party and the party President Dr. Obote. I truly wonder if he survived the Luwero war.

Al Hajji Musa Ssebirumbi was a terrible man. His misconduct might have also given the reason for some people to support the NRA, UFA and others which wanted to topple the UPC government. All his deeds went without a word of caution from the UPC Headquarters, not even from the President of Uganda, Dr. Obote who had several intelligence networks at his disposal. Ssebirumbi appeared in the newspapers almost daily. Not about anything good he might have done, but about terrible commotions he always caused. The killings were the worst, but he was believed to do all that in defence of the party he was prepared to die for.

I remember when Dr. Obote returned from exile, he was pictured kissing the soil at Bushenyi and the photographs showed a much older Obote than the people remembered of him. You could hear even the Baganda who might have had justifiable reasons to hate him saying, ”Bambi, Akaddiye” (Oh dear, he’s aged). I sometimes think that the Baganda among others who might have hated Dr. Obote for the reasons pertaining his rule that ended in 1971, were ready to forgive and give him another chance to govern. But the misconduct of the UNLA troops and some UPC die-hards, like Ssebirumbi certainly changed their mind.

Whether or not Ssebirumbi had any evidence against the NRA, his own terrible misconduct could have even led to his own death in the hands of angry wananchi. Even talking of giving Ssebirumbi legal defence, which of course he deserved as being innocent until proven guilty, many would see his Lawyers as people who condoned his actions.

Without any wish to condone the way Al Hajji Musa Ssebirumbi was tried and executed, does anyone here remember how abusive the man was against the supporters of other parties? In my view, he was an embarrassment to the UPC party. I think he enjoyed too much favour from the top leadership, hence the ”rogue” he had become. Imagine, the man could not speak the official language of the nation and obviously the party, but there he was at the helm of the party. How could he communicate with the party President Dr. Obote? I never heard Dr. Obote speak any local language, but the official one, English.

I am told that Al Hajji Sebaggala speaks English, but not to the satisfaction of the vetting committee. But if Ssebirumbi could manage his job as an MP, can’t Sebaggala manage as a Minister without portfolio?

Hon. Sebaggala identifies with those who feel that they have been left out of the loop. With him on the team, I mean the Cabinet; work will be more effective, as all those who felt as though they were neglected will participate in every way possible, for the good of the country.

I remember in the 1970s when Maj. Nassur Abdallah was appointed Governor of the Central Province. Most of the petty criminals disappeared and Kampala became as clean and safe as possible. This was because Nassur Abdallah used to be a street boy himself. However, there were some people who complained to President Idi Amin that the Governor, Nassur Abdallah was too harsh and therefore wanted him removed. The President obliged and Nassur Abdallah was replaced by Capt. Samuel Odong. The new Governor of the Central Province was a very polite and friendly man. Before long, the Capital City, Kampala was invaded by all sorts of criminals. Not only the petty criminals like the pick-pockets, but also organized criminals from the State Research Bureau, the Military Police and other military and police establishments. Kampala was like a war zone even before the war that ousted the regime. The people were now requesting the President to return Governor Nassur Abdallh to Kampala.

Briefly, I concur with the views that it is a good choice for Hajji Sebaggala to be the Minister without portfolio, for which he has been nominated by the President. I hope that the Parliamentary Committee will reconsider his nomination.

BYARUHANGA JONNY RUBIN

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The Real Reason Revealed Why Ssebagala was Appointed a Cabinet Minister

May 28, 11 3:52 AM

Ugandans have reacted surprised at the appointment of Ssebagala as a minister without portfolio and Otaffire becoming the justice minister. However, one UAH member,Solomon Kibinge, said that there was no need to be surprised at the elevation of seya.

‘’In the process of surveillance by Chieftainancy of Military Intelligence (CMI) on Mr. Ssempebwa (Founder of LDT Party), CMI found a pickup truck full of weapons designated for a rebel camp somewhere in Buganda. The Rapid Response Unit (RRU) moved first and apprehended this man with about 75 youth that night in 2005. It is believed that some moles within Ssempebwa circles were passing on information to Ssebagala who was reporting direct to senior officers within the intelligence community.

‘’This LDT man was sent in the coolers of our infamous safe houses where it is claimed that snakes are used in torturing suspects. It is understood that the LDT boss was brought from the Kololo safe house – (located next to the European Union Representative’s residence) to Jinja Road police Station to be processed to court but instead State house operatives took charge. This caused confusion among security organisations in the process. In spite of tight security, Ssempebwa escaped to Rwanda and ended up in Europe. Though the Kampala Red pepper claims that he is somewhere in West Africa planning to return with a big bang. ‘’

‘’Therefore, Sebagala’s eating big is not a surprise he did quite a risky hell of a job to smash an emerging young Baganda rebel group, that would have destabilised Museveni’s gripe on Uganda. Those who claim that he is going to “put his behind” at Museveni’s cabinet they are joking ,Seya is going to be everywhere in the bush and on the streets Kampala hunting for Ssempebwa’s boys who are more likely to give Museveni a run for his money.’’

UAH moderator, Abbey Semuwemba, was also not surprised that Ssebagala is included in Museveni’s cabinet because he is street smart. Unlike Solomon, Ssemuwemba said:‘’He is gonna sit in that cabinet and he will be under no illusion that he is there because of some ‘smart brains’. He is there to help Museveni make a political statement:’ you cross from opposition, you eat big or you will be rewarded’.

Ssemuwemba also said:’’Ssebagala is likely to contribute in the cabinet because he has got a lot of contacts in the opposition and he is a very calculative business man but I’m sure he will keep other cabinet members a bit ‘’entertained’’. I can see arrogant Mbabazi calling him an idiot at some stage, like he did with Ken Lukyamuzi yesterday, and telling him to shut up.

Ssemuwemba was, however, surprised with the elevation of Otaffire to becoming the Justice Minister but he believes that Museveni is very good tactically and that May be there is something about Otaffire that will help him weaken the judiciary as well.

One female NRM supporter called , Mary Ddungu, defended the appointment of Maria Kiwana kiwanuka as the finance minister to replace Saida Bumba:’ Maria is owner of of radio one, formerly worked at the World Bank in Washington. Well, she has the academic qualifications for sure — I think she attended Harvard Biz school too.’’ But she asked if Otaffire knows anything about the law

A Ugandan residing in Toronto, Mr. Mulindwa Edward, said:’’LOL !!!! Otafiire minister of justice? Geez man it is very sad I was born in Uganda man, this is hilarious. But before I blow up a gasket, let me remember that Kaddafi was almost appointed the leader of the Security Council in the UN. There you go people, Uganda laws have been put under a steward ship of Otafiire.’’

‘’This is the last tenure of Museveni why not? We have truly gone to the Dogs. You know even Iddi Amin respected some posts but Museveni does not. And here is the other danger, under those people you do not have many educated to run the show. How will Otafire run it? But remember as much as we tried to help Kampala city we failed for Ssebagala would not fly to any country to attend the conferences due to his criminal record. And there is nothing powerful today as municipal politics man these cities twin with cities like Kampala and you build them. But Kampala mayoral seat was empty in Vancouver for its mayor has a criminal record. And yes I was ashamed for I attended the God damn conference.’’

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Why did the state waste time and resources holding elections over a ceremonial Mayoral post? Museveni shouldn’t impose Ssematimba on Ugandans

Mar 16, 11 3:30 PM

Courtesy of the Daily Monitor

Elections have consequences. The people of Kampala voted for Hon Erias Lukwago and he should either deliver or they boot him next time. Now whom will the voters blame if the Lord Mayor does not deliver? Why did the president -sour loser in chief who threatens to ‘eat’ people like Samosa-waste so much public funds wanting desperately the Lord Mayor to be that kiccupuli NRM fellow,Ssematimba Peter, for a position that is irrelevant? What is it with YKM? He gets mad over an irrelevant position? As Mambo Mbotela would ask on Voice Of Kenya ” kweli hiyo ni ungwana”. Ungwana is something YKM does not value or even have. He is certainly vengeful, embittered and petty.

Contrast that with the aloof Mr. Mwai Kibaki who does not give a damn to such matters or even those who abuse him. What accounts for the difference in style and demeanor? You guess. He must still be livid that the voters gave him a figure even after he named the master rigger police officer, Turyagumanawe. Mark you he is the Ssebagabe and he knows that this time the voters defied him. They said go hang but we are voting for Hon Lukwago. He will not like that. As they say “eyyeewa ozomumba…”/let the NRM folks interpret it.

Let me ask straight questions: why did the state waste time and resources holding elections over a ceremonial post? Is the mayor not supposed to be the chief executive who takes full responsibility for his or her actions? If that is the case, why bother to hold elections? It is because Ugandans-including their leaders- are idiots or what? Where is the Ungwana/common sense to waste scarce resource not once, but over and over trying to elect an occupant of an irrelevant post?

The Kampala CEO must be careful. She or he cannot be the one to nullify the voters’ verdict. Like I keep saying, elections have consequences, which is why people vote. But I guess not in Uganda. The CEO should not hope for an easy ride for sure. The mobs won’t let their efforts go to waste. I mean if president Museveni is going to ‘eat’ Dr Besigye like Samosa, why can’t the mobs do the same to his CEO appointee? Kwanini?

Please somebody should tell president Museveni that to appoint Sematimba would have serious consequences on the appointee’s life. The voters will not stand for voter nullification period. Let him appoint anyone but not Sematimba, they are sending him to premature death. He will become one of the most hated figure sin Kampala.

And why did President Museveni inject him into the mayoral race? Hon Erias Lukwago is right to say that he has defeated President Museveni. What was the president thinking to announce as voters were voting that their civic duty was null and void? That whatever they did not matter? Did I hear him saying that he is a democrat? My foot.

Yes, the mobs who secured the vote will not let that minion nullify the voters’ efforts. Like I said there will be serious and fatal consequences this time. Let me say it: if defeating Ssematimba thoroughly did not teach him a lesson, then finishing him off kabisa will be the only option. And Like I said finishing him could be castration or business wise. Enough about that minion Sematimba. Who the hell does he think he is to fight voters? Who is Ssematimba anyways?

I can see YKM doing what Moi did-it is not only affinity for mbesha and corruption they share-when he dissolved the elected Nairobi City Council and appointed endless Chairmen including current Minister Gumo who then went on a looting spree. The voters of Kampala spoke. They repudiated the NRM candidate. They repudiated President Museveni’s threats. YKM dared the voters and they said to him screw or f…you, we are voting for Hon Lukwago kama mbaya mbaya and they did.

It was NRM’s stupidity to front a minion. Of all Kampala residents they opted for a minion with bicuupuuli papers. What the hell were the folks at the NRM secretariat or electoral commission smoking? They deluded themselves that bags of money and intimidating agents would help. Wapi. The more YKM spoke against Hon Erias Lukwago the more Kampala voters including NRM ones said we shall vote for him and they did.

Hon Lukwago should not be intimidated. He won. He beat the riggers. Sure it cost the Sabiny police chap his job. He beat YKM and his threats. He beat money bags of looted public funds/NSS money.

WB Kyijomanyi

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Functions of Lord Mayor, Lukwago, and Museveni’s Executive Director Explained in Details

Mar 15, 11 12:49 PM

Kampala City Bill, 2009 Written by Hussein Bogere
Monday, 29 June 2009 06:17

Declaration of Kampala as capital city

(1) In accordance with article 5 of the Constitution, Kampala, located in Buganda, is declared the capital city of Uganda.
(2) The Capital City shall, in accordance with article 5 of the Constitution be administered by the central government.

Kampala Capital City Authority
(1) There shall be an authority to be known as Kampala Capital City Authority.
(2) The Authority shall be a body corporate with perpetual succession and may sue and be sued in its corporate name and do, enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate.
(3) The Authority is the governing body of the capital city and shall administer the capital city on behalf of the central government subject to this Act.
(4) Any enactment that applies to a district shall, subject to this Act and with the necessary modifications, apply to the Authority.

Composition of Authority
(1) The Authority shall consist of the following members:
(a) Lord Mayor;
(b) Deputy Lord Mayor;
(c) One councillor directly elected by secret ballot to represent each electoral area in the capital city on the basis of universal adult suffrage;
(d) Two councillors representing the youth, one of whom shall be female;
(e) Two councillors with disability representing persons with disabilities, one of whom shall be female;
(0 Women councillors forming one third of the Authority such that the councillors elected under paragraphs (c), (d) and (e) shall form two thirds of the Authority;
(g) One councillor representing the National Environment Management Authority;
(h) One councillor representing each of the following professional bodies:
(i) Uganda Institution of Professional Engineers;
(ii) Uganda Society of Architects;
(iii) Uganda Medical and Dental Practitioners Council;
(iv) Uganda Law Society;

Lord Mayor
(1) There shall be a Lord Mayor and a Deputy Lord Mayor of the Capital City.
(2) The Lord Mayor shall be elected by the Authority from among the directly elected councillors referred to in section 6(1) (c), (d), (e) and (f) by simple majority.
(3) The Deputy Lord Mayor shall be elected in the same manner as the Lord Mayor.
(4) The election of the Lord Mayor and the Deputy Lord Mayor shall be presided over by a chief magistrate in accordance with regulations made by the Minister in consultation with the Electoral Commission.
(5) The Lord Mayor and Deputy Lord Mayor shall serve on a full time basis.
A person is not qualified to be elected as Lord Mayor or Deputy Lord Mayor unless he or she is qualified to be elected a Member of Parliament.

Functions of Lord Mayor
(1) The functions of the Lord Mayor are—
(a) to be the political head of the Capital City;
(b) to preside over all meetings of the Authority;
(c) to perform ceremonial functions and civic functions;
(d) to host foreign and local dignitaries;
(e) to head the Authority in developing strategies and programmes for the development of the Capital City;
(f) to monitor the administration of the Capital City;
(g) to provide guidance to the division administrations; and
(h) to represent the Capital City on the Metropolitan Authority.
(2) The Lord Mayor shall in the performance of his or her functions, be answerable to the Authority and the Minister.
(3) The Deputy Lord Mayor shall assist the Lord Mayor in the performance of his or her functions and shall otherwise deputise for the Lord Mayor in his or her absence.

Executive director
(1) There shall be an executive director who shall be the chief executive of the Authority.
(2) The executive director shall be appointed by the President on the advice of the Public Service Commission.
(3) A person is not qualified to be appointed executive director unless he or she is of high moral character and proven integrity and has substantial experience and relevant qualifications in public management.

Functions of executive director
The functions of the executive director shall include the following:
(a) To be the head of the public service in the Authority and to head the administration of the Authority, including divisions and wards;
(b) To be the accounting officer of the Authority;
(c) To be responsible for the management of all public funds of the Authority and accountable to Parliament;
(d) Be responsible for coordination and implementation of national and council policies, laws, regulations, byelaws, programmes and projects;
(e) Advise the mayor and Authority on Government policy;
(f) Present the annual budget to the Authority;
(g) Advise the Authority on technical, administrative and legal matters pertaining to the management of the Authority.
(h) Implement lawful decisions taken by the Authority;
(i) Oversee the delivery of quality services to the population within the capital city and take remedial action where service delivery standards are below the expected minimum standards;
(j) Ensure proper physical planning and development control in the urban councils;
(k) Monitor and coordinate the activities of the directorates of the Authority and of the lower Authority;
(1) Be the custodian of all the assets and records of the Authority.
(m) Attend meetings of the metropolitan Authority;
(n) Supervise and evaluate staff performance;
(o) Liaise with the central government and other institutions on behalf of the Authority;
(p) Conduct the public relations of the Authority.
(q) Promote trade order;
(r) Mobilise the urban community for development and sustain ability of infrastructure and services;
(s) Be responsible for the enforcement of ordinances and byelaws made by the Authority and its lower council units;
(t) Be responsible to the Authority, subject to the general directions of the Minister;
(u) On day-to-day operations, be responsible to the Authority; and make reports to the council and the Minister on the state of affairs of the capital city at least once a year or as the Minister or the Authority may determine;

(w) To perform any other duties assigned by the Authority or the Minister.

Lower urban councils
(1) The capital city shall have the following lower urban councils under the Authority:
(a) Division urban councils;
(b) Ward urban councils; and
(c) Village urban councils.
(2) There shall also exist under the Authority, street committees.
(3) Subject to this Act, Entebbe Municipality and Kiira Town Council shall not be local governments but shall be lower urban councils under the Authority.

Metropolitan Physical Planning Authority
(1) There shall be a body to be known as the Metropolitan Physical Planning Authority.
(2) The Metropolitan Authority shall consist of a chairperson and four other persons all of whom shall be appointed by the Minister with the approval of Cabinet, being persons qualified and experienced in physical planning, civil engineering, architecture, environment or public health.
(3) The members of the Metropolitan Authority shall hold office for three years and shall be eligible for re-appointment for one more term.
(4) A member of the Metropolitan Authority may be removed in the public interest by the Minister on any of the following grounds™
(a) Inability to perform the functions of his or her office arising from infirmity of body or mind.

Functions of the Metropolitan Physical Planning Authority
(1) The Metropolitan Authority shall be responsible for—
(a) Developing a Metropolitan Authority Structure and Development Plan for the Capital City and metropolitan area;
(b) Handling and addressing planning issues within the Capital City and the neighbouring districts of Mukono, Mpigi and Wakiso;
(c) Planning major transportation, infrastructure and other utilities in conjunction with other relevant bodies;
(d) Planning recreation parks, tree planting, green corridors and other environment areas;
(e) Overseeing and monitoring the execution of the Metropolitan Authority Development Plan;
(f) Approving the Capital City, municipal and town structure plans; and
(g) Beautification of the Capital City and the metropolitan area.
(2) The Metropolitan Authority shall have power to veto physical plans or activities that are inconsistent with the Metropolitan Authority Development Plan, the metropolitan structural plan or land use policy.
(3) The Metropolitan Authority shall ensure that land use in the City and the metropolitan area follow designated plans, irrespective of the tenure of land.
(4) The Metropolitan Authority shall prepare comprehensive and integrated development plans incorporating the plans of the lower urban councils.
(5) The central Government shall be responsible for the construction and maintenance of—
(a) All roads and streetlights in the central business district;
(b) trunk and gateway roads;
(c) subways;
(d) flyovers;
(e) cycle ways and walkways;
(f) sewers;
(g) transport ways; and
(h) rails.
(6) The Metropolitan Authority shall be responsible for the construction and maintenance of all roads and streetlights, other than those mentioned in subsection (6).
(7) The Metropolitan Authority shall be responsible for cleaning and de-silting of all roads in the City.
(8) Where land is required by the Authority for public use or public health including expansion of roads, constructing new roads, water and sewerage systems and demolishing buildings to construct new structures, compensation shall be made by the central government in accordance with article 26 of the Constitution and the Land Acquisition Act.
(9) The Metropolitan Authority shall submit quarterly reports and annual reports to the Minister, with a copy to the Minister responsible for physical planning.
(10) The Minister shall lay before Parliament, the annual reports submitted to him or her under subsection (9).

Division town clerk
(1) The division town clerk shall be the head of the public officers of the division council and shall be the accounting officer of the division urban council.
(2) The division town clerk shall be responsible for—
(a) implementation of lawful decisions of the division urban council;
(b) coordination and implementation of policies of division urban council;
(c) advising the mayor and the division urban council on government policy;

Resident City Commissioner
(1) There shall be for the Capital City, a Resident City Commissioner who shall be appointed by the President.
(2) A person to be appointed a Resident City Commissioner shall be a citizen of Uganda, and qualified to be a Member of Parliament.
(1) The Resident City Commissioner shall—
(a) represent the President and the government in the Authority;
(b) coordinate the administration of government services in the Authority;
(c) act as chairperson of the Authority security committee;
(d) advise the Lord Mayor on matters of a national nature that may affect the Authority or its plans or programmes, and particularly the relations between the Authority and the Government;
(e) monitor and inspect the activities of the Authority and where necessary, advise the Lord Mayor; and
(f) carry out such other functions as may be assigned to him or her by the President or prescribed by Parliament.

(2) The Resident City Commissioner may—
(a) sensitise the populace on government policies and programmes, and in so doing shall liaise with the Lord Mayor;
(b) advise the Lord Mayor to instruct the chief internal auditor to carry out a special audit and submit a report to the Authority;
(c) draw the attention of the Auditor General to the need for special investigation audits and submit a report to the
Authority;
(d) draw the attention of the Inspector General of Government to the need to investigation of any cases of mismanagement or abuse of office;
(e) Draw the attention of any relevant line Ministry to the divergence from or noncompliance with Government policy by any lower urban council within the Capital City;
(f) in consultation with the Lord Mayor, address the Authority from time to time on any matter of national importance.
(3) The expenses of the office of the Resident City Commissioner including salaries, allowances and pensions, shall be charged on the Consolidated Fund.

General
Member of Parliament or Minister shall not hold office of Lord Mayor, Deputy Lord Mayor or councillor in the Capital City

(1) The Lord Mayor, Deputy Lord Mayor and other councillors of the Authority, Mayor, Deputy Mayor and Chairpersons and councillors of lower urban councils and members of street committees shall hold office for five years after their election as councillors are shall be eligible for re-election.
(2) Where a person is elected to fill a vacancy in one of the offices referred to in subsection (1), that person shall hold office for the remainder of the term of office of the person who vacated the office.

Remuneration
The Minister shall, in consultation with the Minister responsible for finance and the Minister responsible for the public service, determine the remuneration payable to the Lord Mayor, Deputy Lord Mayor and councillors of the Authority and the Mayor, Deputy Mayor, chairperson and councillors of a lower urban council.

BOUNDARIES
Beginning at the point of grid reference 46500mE, 32000mN South West of Zinga Island where Ggoma, Ntenjeru and Nakisunga Sub-counties in Mukono District meet with Wakiso District boundary, then following the Mukono-Wakiso District boundary northwards till the confluence of Nakiyanja River and Nakalongosa Stream.

Thence following the thatweg of Nakalongosa Stream westwards till it crosses 46100mE grid line upstream to the road junction of Kiwologoma to Kimwanyi Road and Kiwologoma to Kitukawe Road and then following River Nakibisi down stream to the confluence with River Nakidimba.
Then following southwards the boundary of Kiira and Nangabo Sub-county to the present Kampala District boundary at Magere then following this boundary Westwards and Southwards to the point in River Lubigi at Kawala where it then follows Rubaga Division boundary; thus excluding Rubaga Division and Mengo Parish in Central Kampala Division to the confluence of Nalukolongo and Mayanja Stream at the railway bridge in Natete and there from at the junction of Old Masaka Road following the road from Kabojja, Kikajjo to Ggambirana in South Westward direction.
And then follows Kamirangoma and Mugomba Swamps to Nambigirwa Swamp in Lake Victoria then following the boundary of Katabi Sub-county through to
Entebbe Municipality boundaiy and along off shores in Lake Victoria to the point where the boundary of Busiro County, Wakiso District, meets the southern most end of Kampala District and Mukono County, Mukono District boundary in the lake at coordinate point 463100mE, 36650mN North East of Namalusu Island then following that boundary Northwards to the beginning of this description near Zinga Island in Murchison Bay.

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