Kampala. The political leadership of Kampala City is at stake after the laws under which leaders were elected are being challenged in court as being inconsistent with the Constitution.
The political leadership of Kampala comprises locally elected councillors and the Lord Mayor Erias Lukwago.
The petitioners yesterday asked the Constitutional Court led by the Deputy Chief Justice Steven Kavuma to abolish the offices of the Lord Mayor and Division Mayors, arguing that the 2005 Constitutional amendment of the Kampala Capital City Authority (KCCA) Act gave Kampala a special status that placed it under the governance of the central government.
Mr Muhammad Kikomeko representing the petitioner, Mr Mulindwa Muwonge, and Mr Elisha Bafiirawala from the Attorney General’s chambers consented that Kampala ceased to be a district after the enactment of KCCA Act 2010.
“The KCCA Act provides for administrative roles of the Lord Mayor yet he is not from central government or its representative. And KCCA has maintained the local government structures which were done away with under the amendment of the Constitution under Article 5(4),” Mr Kikomeko argued.
Mr Bafiirawala argued that there is a fusion of local and central government in the city which has made KCCA to exercise both legislative and administrative functions which are a monopoly of the central government.
“On the issue of democratic principle, I should not be misunderstood because the people of Kampala through their representatives amended the Constitution to give Kampala a special status, hence by allowing the central government to administer Kampala, the people are not disenfranchised,” he said.
According to Mr Bafiirawala, Section 79 of KCCA Act gives power to the minister to reign, which can cause a stalemate between the elected leaders and the central government over policies.
“It is our submission that the impugned provisions of the KCCA Act are inconsistent with Article 5(4) of the Constitution and should be declared null and void in as far as fettering the administration of Kampala,” said Mr Bafiirawala.
Justice Kavuma said court will deliver its judgment on notice.
On December 28, 2010, President Museveni assented to the Kampala Capital City Authority Act which gave Kampala a special status and administered by the central government.