● Lawyers Back ED Kisaka, Says Lubaga Mayor Had No Powers To Remove His Deputy From Office
● Interprete KCCA Laws, Dustbin Muguluma’s Appointment
PHOTO: When Moses Mugalula hosted Hajjat Fugge on Dream tv, a few days after Mayor Mberaze illegally ‘sacked’ her
NEWS EDITOR MEDIA
BREAKING from City Hall the command centre of Kampala Capital City Authority (KCCA), Kampala Executive Director Dorothy Kisaka has rejected Councilor Fatumah Muguluma Nansubuga’s appointment as Lubaga Urban Council Deputy Mayor to replace Hajjat Fugge Rehema Sanyu saying, Mayor Zacchy Mberaze Mawula has no powers to sack his deputy.
In a letter from ED Kisaka, Muguluma has been ordered out of Deputy Mayor’s office which she occupies illegally saying Mberaze gave him hot air. Kisaka has ruled that Hajjat Fugge is the legitimate Deputy Mayor warning Mberaze to desist from misintepreting the law.
ED’s decesion comes after Fugge lawyers threatened to sue KCCA for what they referred to as purported reshuffle of their client (Fugge) that they contend that the same was in utter abuse of the Mayor’s powers as he does not have the authority to remove a deputy mayor from office.
Lawyers educated Lubaga mayor Mberaze Zacchy Mawula on the KCCA Act and how he has no powers whatsoever to remove his deputy Hajjat Rehema Fugge Sanyu from office!
Fugge lawyers said, the process of the removal of a Deputy Mayor is well elaborated in the KCCA Act as amended and the same does not give powers to the Mayor.
This simply means, the appointment of Fatumah Muguluma Nansubuga as a replacement was hot air, and those goons hired by troubled Mberaze led by a one ‘Gen. Silive’ to break into his deputy’s office to throw away her files were totally ignorant about the law, Fugge is still the deputy mayor Lubaga Division.
PHOTO: Embattle Lubaga Mayor Mberaze and his councilors. Right is Fatumah Muguluma
In a letter dated December 18, 2023 drafted by the Fugge’s Lawyers, Luganda, Ojok & Co. Advocates to the Executive Director
Kampala Capital City Authority Mrs. Dorothy Kisakka was advised to dustbin Muguluma’s appointment because it had no legal backing, which she has complied to.
LAW ON HER SIDE: Lubaga Deputy Mayor Rehema Fugge in studios of Dream tv recently
A two pager letter from the Lawyers of Luganda, Ojok & Co. Advocates reads, “We represent Her Worship Fugge Rehema the Deputy Mayor hereinafter referred to as our client on whose instructions we adress you here under!
That on the 14th day of December, 2023 in a council sitting at Gevine Hotel, the Division Mayor H/W Mberaze Zacchy Mawula entered the said session and a motion was moved to amend the Order Paper to include the Speech of the Mayor as one if the items of the Session.”
“That in the Mayor’s Speech, the Mayor informed the Council that he had made some reshuffle in the executive of the Division to wit: He replaced the deputy mayor (Our Client) with Councilor Muguluma Nansubuga Fatumah among others.” Reads the letter to KCCA ED Kisaka.
“We therefore write to you as the Executive Director whose functions as per the KCCA Act Section 19 (a) (d) (e) (g) and (h) include; to advise theAuthority on technical, administrative and legal matters pertaining to the management of the Authority; and (h) implement lawful decisions taken by the Authority.
To veto the unlawful decision that was purpotedly made by the Mayor of Lubaga Urban Division so that it is not implemented as its contrary to Section 28 of the same KCCA ACT.” Reads lawyers letter to KCCA ED Kisaka.
Lawyers requested ED Kisaka to exercise the said powers to block Mberaze’s impunity or else, “Our client may exercise other options within the law which may not be limited to seeking remedies from Courts of law, to deter the uncontrollable mayor as his actions have a snowball effect to our client.”
This letter was copied to the Minister of Kampala, Lord Mayor, Director Legal KCCA, Director Political Governance, RCC Kampala, Mayor of Lubaga Urban Council, Town Clerk, Speaker of Lubaga Urban Council, Deputy RCC Lubaga and to their Client Rehema Fugge.
In other two letters, one from Owor Hope Jakisa the Acting Clerk to the Authority dated January 2, 2024 and another one from the embattled mayor Mberaze of January 4, 2024, the authors insisted Muguluma was the newly appointed Deputy Mayor Lubaga Urban Council although lawyers insisted, this was just drama since Deputy Mayor has a five year contract according to the law.
Owor Jakia Hope’s letter was addressed to the Acting Director Administration & Human Resources from Ag. Clerk to Authority Introducing Hon. Muguluma Fatumah Nansubuga Deputy Mayor Lubaga Division.
PHOTO: Confused Councilor Fatumah Muguluma
“A Motion was moved that Hon. Muguluma Fatumah Nansubuga be approved as the Lubaga Division Deputy Mayor. The Motion was unanimously adopted by the Council and it was resolved that the Hon. Muguluma Fatumah Nansubuga be appointed the Deputy Mayor Lubaga Division Urban Council replacing Hon. Rehema Sanyu Fugge.”, reads Clerk’s letter adding, “The purpose of this communication is to request that Hon. Muguluma Fatumah Nansubuga be added on the payroll as the Deputy Mayor Lubaga Division Urban Council.”
MBERAZE’S LETTER TO FUGGE’S LAWYERS
In his letter, mayor Mberaze defended himself saying, “Prior to the decision, the Council and myself first addressed our minds to the Law and allow me put the same to you for your appreciation.”
He quoted Section 28 (2) of the Kampala Capital City Authority Act as amended that provides that the Deputy Mayor shall be appointed by the Mayor among the Divisions with the approval of the division urban council.
“I know that a limited look at this Section would seem like the Mayor has no authority to remove his or her Deputy but please address your mind to Section 24 of the Interpretation Act, which stipulates, ‘Power to appoint includes power to remove where, by any Act, a power to make any appointment is conferred the Authority having power to make the appointment shall also have power (Subject to any limitations or qualifications which affects the power of appointment) to remove, suspend, reappoint or reinstate any person appointed in the exercise of the power).” Reads Mberaze’s letter.
He also talked about Section (a) of the Kampala Capital City Act reading, “Without prejudice to Subsection (1) (a) the local Government Act, shall with the necessary modifications, apply to the Authority and to a village, ward and division urban council under the Authority.”
Mberaze said, having appreciated the import of Section 78(2) (a) as requiring you to always utilize the Local Government Act whenever the Kampala Capital City Authority is insufficient, Fugge lawyers therefore should look at the Third Schedule to the Local Government Council Regulations specifically Regulation 6(a) which stipulates, ‘Vacation of office of a member of an Executive Committee. The office of a member of the executive committee shall fall vacant if
a) The appointment of a member is revoked by the Chairperson Applu the words necessary modification above and you will arrive at the understanding that Mayor can revoke an appointment of any member of the Division Executive Committee.
Section 28 A (1) (b) of the Kampala Capital City Authority provides that, “A division executive committee shall consist of the Deputy Mayor, who shall be the Vice Chairperson.”
“Therefore, be well advised in future that the proper legal processes were adhered to before revoking the former Deputy Mayor’s appointment and please advise your client accordingly to avoid embarrassment in the future.” Reads Mberaze’s defence.
However, Fugge’s Lawyers rubbished Mberaze’s defence saying, all Sections of the laws he cites, none favours his decision of removing the deputy mayor.
“The local Government Act Mayor Mberaze quotes, clearly talks about local government leadership specifically LCV Chairpersons who can remove their deputies. Mberaze isnt a district chairperson neither is Lubaga a district.” Lectured lawyers.
About quoting the Authority, lawyers say, Authority as in the KCCA Act as amended refers to the Lordmayor and his councilors not Division Urban Councils as Mberaze wanted to hide in this Section.
Meanwhile, ED Kisaka has ruled out Muguluma’s appointment congratulations to Hajjat Rehema Fugge Sanyu, Lubaga Deputy Mayor.
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