LC operations will be illegal from today - lawyers

“There is no legal provision where their terms can be extended after expiry without elections. The government should make urgent legislation to allow them to continue with their duties,” said Mr Peter Walubiri,  a senior constitutional lawyer.

Cabinet yesterday reportedly discussed the highly contentious matter, which has left the public under panic due to the “would be” perceived illegal operations of the village bosses.

Mr Raphael Magyezi, the Minister for Local Government, who spoke to this publication before attending the Cabinet meeting, called for calm since his ministry is already handling the matter.

“I will proceed under Section 95 of the Local Government Act that the Local Councils should proceed with work; there shouldn’t be any worry or cause of alarm,” he said.

Mr Magyezi said he is working together with other government agencies, including the minister of Finance, Planning and Economic Development, and the Attorney General to authenticate a statutory instrument that will be issued by the President to extend the village bosses’ term in office.  
He, however, did not reveal when this will be done.

Article 99 under sub-section (5) provides: “A statutory instrument or other instruments issued by the President or any person authorised by the President, may be authenticated by the signature of a minister, and the validity of any instrument so authenticated shall not be called in question on the ground that it is not made, issued or executed by the President.”

By issuing such an instrument, Mr Ivan Bwowe, another Constitutional lawyer, said the President will be altering the law.

“Whatever mandate is given unto them by the law ceases to be legal at expiry of their term. The only solution to this is for the government to look for the money and organise these polls,” he said.

The Electoral Commission in April released the electoral roadmap for the LCI and LCII polls, which required Shs60 billion. The polls would renew the mandate of more than 81,000 LCs who legally assumed office on July 10, 2018.

They had served for 17 years without elections. Mr Walubiri said the government has normalised the illegality.
“This election is not an emergency because the Electoral Commission used the elections road map in March last year. Therefore, the government should have prepared earlier for this process,” Mr Walubiri further asserted.

Mr Livingstone Sewanyana, the founder and executive director of the Foundation for Human Rights Initiative, said it would be illegal for Local Councils to conduct business after the expiry of their terms.

“The modus operandi of the local council elections should be revised to an adult suffrage system instead of lining behind the backs of the candidates,” he said.

The lawyers’ statements, despite Minister Magyezi’s remarks, leave the public under total panic as they do not know what is next, especially in times when the LC documents may cease to be legally accepted during official dealings.

Judiciary view

Judiciary spokesperson Jameson Karemani when asked about the legality of the documents, including letters that will be issued by the LCs for court use, such as in bail application, said the decision will for now lie in the hands of the presiding judge or magistrate.

“Letters issued by the LCs to be used during bail application will be determined by those courts handling the matter. For now, we cannot generalise if they are legal or illegal yet,” he said.