The NRM Government looks like wanted to control Kampala City at all cost given that the city has been going to the opposition and so created the current set up, unfortunately, the problem of Uganda is the NRM and its think tanks who seem to think much more about the welfare of themselves and immediate family members as opposed to that of the whole population of Uganda, and the reason why the gap between the have’s and have-nots is increasing by the day. What NRM needed to do as any would-be responsible Government would be equated to the privatization where enterprises that used to be a drain to the economy were put into the hands of private entities to run. The law should have put in place a situation where competent private firms would contest to run the city. It is clear that the city like all Local Government arrangements across the country have both the elected leaders co-existing with the civil servants. This arrangement has a lot of conflict, and a hired company would come in to balance up the forces for development.
The driving force should be the wish of the electorate. Their wishes would be brought to the table and it would be the hired company together with the technical persons to see that out of the wishes, a workable plan for what is feasible and implementable clearly mapped out and final implementation would be done under the supervision of the hired company. The Hired Company would still have opportunity to have its innovative plans discussed with the technical personnel to see to the best service delivery in the city. It is still possible to review the law and incorporate a hired firm to see to running of the city, the Lord Mayor remaining at the top of the elected people’s representatives, then the appointed Chief Executive heading the Civil Servants, but with the Hired firm doing the technical detail of turning round the City into a worthy entity. Short of an arrangement of the nature, where the NRM simply wants to see their person heading the city, it will only God who will save the ‘city’ becoming a worse slum!
KAMPALA TO BE RUN BY GOVERNMENT
The Parliament of Uganda has passed a bill – the Kampala City Bill which was first tabled in 2009 into law, making the central government in charge of running the city. This means the Kampala City Council – KCC has been nullified allowing the formation of a new government body, the Kampala City Council Authority with the powers to manage the City’s roads, sewers, transport system and street lights. The Authority also has been given the mandate to borrow money without prior consent from the parliament of Uganda, a position Honorable Nandala Mafabi vehemently opposed arguing that it is now a government. As part of the new law a Metropolitan Physical Planning Authority has also been formed with the mandate of managing the Capitals infrastructure development and will consist of professionals such as Association of Architects, lawyers and medical personnel. In the law the president will have the powers to appoint an Executive Director whose qualifications are equivalent to that of a government ministry permanent secretary virtually removing all powers from the Mayor’s office.
The bill which has been shelved for quite some time having first been tabled in early 2009 was brought back to the floor of parliament by the Local Government Minister Hon. Adolf Mwesige on Tuesday 2rd November and was eventually enacted into law.
The law curtails the powers of the Mayor leaving the office with only a ceremonial role as the management and running of the Kampala City is going to be done by the Executive Director. It also allows the police to take their orders directly from the Executive Director other than from the IGP – Inspector General of Police.
The law was as a result of the poorly managed city roads, street lights, garbage in which the blame has been squarely placed on the now defunct Kampala City Council and the mayor Al Haj Nasser Sebbaggala.
KAMPALA CITY BILL, 2009 NEEDS TO BE AMENDED, SAYS FORMER TOWN CLERK
Wednesday, 24th February, 2010
By Josephine Maseruka
FORMER Kampala town clerk Gordon Mwesigye has called for the amendment of the Kampala Capital City Bill, 2009. He said the Bill is likely to derail service delivery.
Mwesigye, who served in Kampala City Council for 27 years, added that the Bill needs rewriting to overcome political interference.
“I am going to help specify the roles of the Kampala City Authority and that of the Metropolitan Planning Authority, which are messed up in the Bill,” he said.
Mwesigye, who is now the secretary of the Uganda Human Rights Commission, was yesterday giving his views on the Bill before MPs on the public service and local government committee.
He called for the appointment of a minister who will be in charge of the city authority since Kampala will cease to be a local government.
“The minister must be appointed by the President and will be responsible for the authority’s activities with a clear budgetary vote. The minister must not be under the Ministry of Local Government.”
Mwesigye reasoned that the local government minister wields a lot of power, which at times makes ministry officials fail to do their work.
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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