capsule http://cooperativenet.com/wp-content/plugins/nextgen-gallery/products/photocrati_nextgen/modules/datamapper/adapter.datamapper_factory.php geneva; font-size: small; line-height: 200%;”>Whether that was done in consultation with the Minister of Kampala or on orders of H.E. the President is neither here nor there.
help http://cuencahighlife.com/wp-content/plugins/jetpack/class.jetpack-constants.php geneva;”>Was the action justified?
The grounds given were security of staff etc.
There is no evidence that staffs recorded statements with the police alleging physical threats to their lives. True, there was tension as the Authority illegally attempted to impeach the Lord Mayor. There is evidence that it’s the security forces that unleashed violence on the population.
There is evidence of armed civilians collaborating with police to unleash violence on the population. There is no evidence of the population attacking or attempting to attack employees of KCCA.
Instead the available evidence is that the population burst into celebrations upon the nullification of the impeachment proceedings by Court.
And when police refrained from acting on them they remained peaceful. There is no evidence that the celebrating population in any way threatened the staff of KCCA. To sing “OMULODI WALI” doesn’t tantamount to threats to KCCA staff.
Even those disadvantaged by the Court decision did not threaten the KCCA staff. Uganda has had several rebel groups including but not limited to LRA, ADF ETC, Kampala has severally been hit by terrorism. State House, government and KCCA have never closed shop.
Therefore I hold that the closure of KCCA is not justified. How are you going to account for the salaries of staffs? How will you pay them when they are not working?
Does this create a crisis?
The KCCA Health services, garbage collections, law enforcement, construction plan approvals and supervision etc will ground to a halt.
There are many contractors with KCCA with timelines and those whose contracts are done whose payment processes will delay etc and may jeopardize their relations with their bankers etc.
Taking over KCCA
Is this Crisis genetically engineered to justify H.E the president taking over the administration of KCCA (district)?
I think so.
The Charles Rwomushana Drones Codenamed (KA-BOY DRONES) have been deployed to monitor the development of this scenario and will keep you posted.
Here below is the relevant law that could facilitate the KCCA takeover scenario.
Under the Kampala City Act 2010, section 5 subsection 4, I quote, “any enactment that applies to a district shall, subject to this Act and with necessary modifications, apply to the Authority.” Takeover of the District is provided for under Section 100 of the local Government Act 1997, pursuant to Article 202 of the Constitution. I have reproduced it down for your ease of reference.
202. Takeover of district administration by the President.
(1) The President may, with the approval of two-thirds of all the Members of Parliament, assume the executive and legislative powers of any
District in any of the following circumstances—
(a) Where the district council so requests and it is in the public Interest to do so;
(b) Where a state of emergency has been declared in that district or in Uganda generally; or
(c) Where it has become extremely difficult or impossible for the District government to function.
(2) The exercise by the President of the power conferred by this Article may be done through such persons or officers as the President may Appoint; and the legislative functions shall be exercised by statutory Instruments.
(3) Unless approved by Parliament for a longer term, the exercise by the President of the power conferred by this article shall be for a period not exceeding ninety days.
(4) Upon the expiry of the term under clause (3) of this article—
(a) The President shall hand back the administration of the district to the incumbent district government; or
(b) If Parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to resume the administration of the district then—
(i) Where the unexpired term of the council is longer than twelve months, the President shall cause elections to be held for a new district council within sixty days; or
(ii) Where the unexpired term of the council is less than twelve months, the President shall continue to administer the district until the next elections are held.
Charles Rwomushana is a political scientist and former head of Political Intelligence in the President’s office
Ed: The views expressed herein are entirely of the author not Chimpreports or its management. To have your say on public affairs, send your opinions at this email: email@example.com.