● Cites KCCA Act, S.32 Saying The Removal Of A Mayor Or Deputy Mayor Of A Division Urban Council Shall Follow A Prescribed Procedure.
● Supporters of Kampala Central Division Deputy Mayor Hanipher Mpungu And Rubaga Deputy Mayor Rehema Fugge Celebrate ED Kisaka’s Legal Opinion
NEWS EDITOR MEDIA
WE TOLD YOU! The appointment of councilor Maureen Tumusiime Kabananura as Deputy Mayor Kampala Central and councilor Fatumah Nansubuga Muguluma as Rubaga Division Urban Council Deputy Mayor was lllegitimate. That mayors Uhuru Saad Salim and Zacchy Mberaze Mawula had no powers to remove their deputies!
Finally KCCA Executive Director Dorothy Kisaka’s legal opinion on the matter is out, showing the two mayors did not follow a prescribed procedure. Mayors Uhuru and Mberaze have been served with the ED Kisaka’s legal opinion.
Hon. Hanipher Mpungu is the Kampala Central Division Urban Council legitimate Deputy Mayor and Rehema Sanyu Fugge is the legitimate Deputy Mayor for Rubaga Division Urban Council as per ED Kisaka’s legal opinion.
In a seven page letter dated February 5, 2024 to Lord Mayor Erias Lukwago, Kampala Capital City Authority (KCCA) Execitive Director Kisaka interpreted KCCA Act showing that the procedure followed to remove a mayor is exactly the same deputy mayor is removed, mayor has no powers to remove his or her deputy.
Citing, KCCA Act 2011, S.32, ED Kisaka’s letter to Lord mayor Lukwago reads, “The removal of a Mayor or Deputy Mayor of a Division Urban Council shall follow a prescribed procedure.”
“I am therefore, hereby forwarding the guidance as by the law provided to guide any action in that regard.” Read ED Kisaka’s letter copied to all Division Mayors, Deputy Executive Director, Director Legal Affairs
Director Administration and Human Resource (KCCA) and to all Division Town Clerks.
Kisaka’s legal opinion comes after Kampala Central Division Mayor Salim Saad Uhuru ‘Nsubuga’ on January 25, 2024 purpotedly made reshuffles in his cabinet and dropped his deputy Hanipher Mpungu for Councilor Maureen Tumusiime Kabananura, a move legally contested by Mpungu’s lawyers of Mudiobole & Co Advocates.
In a petition to ED Kisaka dated January 29, 2024, Hajjat Mpungu’s lawyers said, “It’s from the above purported reshuffle of our client (Hanipher Mpungu) that we 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 clearly said, “The process of removal of a Deputy Mayor is well elaborated in the KCCA Act 2010 as Amended and the same does not give powers to the Mayor.” Kisaka has agreed with Mpungu’s lawyers.
First to make this legal blunder was Rubaga Division Urban Council Mayor Zacchy Mberaze Mawula who purpotedly removed his deputy Rehema Sanyu Fugge and replaced her with councilor Fatumah Muguluma Nansubuga an illegality which was strongly contested by Fugge’s lawyers.
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 Dorothy Kisaka, she was advised to dustbin Muguluma’s appointment because it had no legal backing.
A two page letter from Fugge’s Lawyers read, “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.”
ED KISAKA SCHOOLS UHURU & MBERAZE ON THE PROCEDURE PROVIDED IN THE LAW FOR THE REMOVAL OF A MAYOR OR DEPUTY MAYOR OF A DIVISION URBAN COUNCIL IN KAMPALA
Section 32 and Section 12(1) of Kampala Capital City Act, 2010 (as amended) provides for the grounds for the removal of a mayor or deputy mayor of a division urban council. Provides;
“The mayor or deputy mayor of a division urban council may be removed on any of the following grounds-
(a) Abuse of office;
(b) Incompetence;
(c) Corruption;
(d) Misconduct or Misbehaviour;
(e) Physical or Mental Incapacity as would render the chairperson or vice chairperson incapable of performing his or her duties;
(f) Failure to convene council meetings;
(g) The holder commits a breach of the Leadership Code of Conduct for which the punishment imposed includes vacation of office.”
Furthermore, Section 12(2) of the Kampala Capital City Authority (as amended) provides that,
“Notwithstanding subsection (1), the seat of a mayor or deputy mayor shall fall vacant if-
(a) the holder resigns in writing addressed to the Minister;
(b) the holder commits a breach of the Leadership code of conduct and the punishment imposed includes the vacation of office;
(c) the holder accepts appointment to a public office;
(d) the holder is sentenced to death or imprisonment exceeding six months without the option of a fine;
(e) the holder is convicted of an offence involving dishonesty or moral turpitude; or
(f) circumstances arise which disqualify the holder from occupying the office under any other law.”
PROCEDURE TO BE FOLLOWED FOR REMOVING A MAYOR OR DEPUTY MAYOR ON GROUNDS LISTED IN SECTION 12(1)
STEP 1 – Section 12(3) of the Kampala Capital City Authority Act
● A Petition in writing signed by not less than one-third of all the members of the Council shall be submitted to the Minister –
(a) stating that the members intend to pass a resolution of the Council to remove the Mayor or Deputy Mayor on any of the grounds set out in Section 32;
(b) setting out the particulars of the charge supported by the necessary documents, where applifable, on which it is claimed that the conduct of the Mayor or Deputy Mayor be investigated for the purpose of his or her removal.
NB: Where a person has signed a petition, he or she shall not withdraw their signature supporting the petition [Section 12(4)].
STEP 2 – Section 12(1) of Kampala Capital City Authority Act
● Council passes a resolution supported by not less than two thirds majority of all the members of the council on any of the following grounds-
(a) Abuse of office;
(b) Incompetence;
(c) misconduct or misbehaviour;
(d) physical and mental incapacity rendering him or her incapable of performing the duties of deputy mayor;
(e) corruption
STEP 3 – Section 12(d) of Kampala Capital City Authority Act
● The minister responsible for Kampala shall evaluate the petition in consultation with the Attorney General.
● If the minister is satisfied that there are sufficient grounds in the petition, he or she shall, within twenty-one days after receipt of the petition, constitute a tribunal to investigate the allegations.
● The tribunal shall consist of a Magistrate not below Grade 1 or a person qualified to be appointed a Magistrate not below Grade 1 as Chairperson and two other persons all of whom shall be appointed by the minister in consultation with the Magistrate.
NB: The Mayor or Deputy Mayor is entitled to appear at the proceedings of the tribunal and to be repreented by a lawyer or other expert or person of his or her choice.
STEP 4 – Section 12(8) of the Kampala Capital City Authority Act
● If the tribunal determines that there is a valid case for the removal of the Mayor or Deputy Mayor on grounds of abuse of office, incompetence, misconduct or misbehavior and corruption, the tribunal shall submit the report to the minister.
● The minister shall within fourteen days of receipts of the report of the tribunal present it to the Council.
● A member shall move a motion for the resolution for the removal of the Mayor or Deputy Mayor in council within fourteen days after presentation of the report by the minister to council.
● Thereafter, if the council passes the resolution supported by the votes of not less than two-thirds of all members of the council, the Mayor or Deputy mayor shall cease to hold the office.
PROCEDURE FOR THE REMOVAL OF A MAYOR OR DEPUTY MAYOR OF A DIVISION URBAN COUNCIL ON GROUNDS OF PHYSICAL OR MENTAL INCAPACITY
STEP 1 – Section 12(8) and (9) of the Kampala Capital City Authority Act;
● Submission of a petition in writing to the minister for Kampala signed by not less than one-third of all members of council stating-
(a) That they intend to pass a resolution of the council for the removal of the mayor or deputy mayor from office on grounds of physical or mental incapacity, and
(b) Giving particulars of the alleged incapacity.
STEP 2 – Section 12(10) of the Kampala Capital City Authority Act
● The minister shall, within seven days after receipt of a petition, cause a copy to be submitted to the Mayor or Deputy Mayor, Speaker, Executive Director and the Chief Magistrate.
STEP 3 – Section 12(11) of the Kampala Capital City Authority Act
● The chief Magistrate, shall within seven days after receipt of the notice and in consultation of the medical council, constitute a medical board comprising of three qualified medical specialists to examine the Mayor or Deputy mayor in respect of the alleged incapacity and to report its findings to the minister
STEP 4 – Section 12(12) of the Kampala Capital City Act
● Upon constitution of the medical board, the Chief Magistrate shall inform the mayor or deputy mayor within seven days.
STEP 5 – Section 12(13) of the Kampala Capital City Authority Act
● The Medical bord shall examine the Mayor or Deputy Mayor within 14 days after the chief magistrate has informed the Mayor or Deputy Mayor of the constitution of the medical board.
STEP 6 – Section 12(14) of the Kampala Capital City Authority Act
● The Mayor or Deputy Mayor shall submit himself or herself to the medical board for examination on a day and time determined by the medical board.
STEP 7 – Section 12(15) of the Kampala Capital City Authority Act
● If the medical board determines that the Mayor or Deputy Mayor is unable to perform the functions of Mayor or Deputy Mayor by reasons of physical or mental incapacity and in addition, council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the Mayor or Deputy mayor shall cease to hold office.
NB: If the medical board reports that the Mayor or Deputy mayor has failed to submit him or herself to the medical board within the time prescribed and the council passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the council, the Mayor or Deputy Mayor shall cease to hold office [(Section 12(16)]
STEP 8 – Section 12(17) of the Kampala Capital City Authority Act
● The minister shall within fourteen days of receipt of the report of the medical board present it to the council.
STEP 9 – Section 12(18) of the Kampala Capital City Authority Act
● The Motion for a resolution for removal of the Mayor or Deputy Mayor shall be moved in the Council within fourteendays after receipt by the minister for Kampala of the report of the medical board.
NB: The resolution for the removal of the mayor or deputy mayor must be moved in the council within fourteen days failure of which shall render the resolution time barred.
STEP 10 – Section 12(19) of the Kampala Capital City Authority Act
● The Mayor or Deputy Mayor is entitled to appear and be heard during the proceedings of the council relating to the motion for a resolution or may be represented by an advocate or other expert of his or her chioce.
APPEALS – Section 12(19) of the Kampala Capital City Authority Act
A person who is removed as Mayor or Deputy mayor may appeal to the High court within twenty-one days after the decission is communicated to him or her and the High court may confirm or revoke the decission to remove him or her and make any order that court considers just in the matter.
(In our next story, we will show you why it is hard to remove a Mayor or Deputy Mayor in Kampala)
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