Alcohol, accountability and the law: Understanding Balaam’s directives
Ultimately, the test is simple: good public policy must be matched by lawful implementation.
Moses Nkesiga. (Courtesy)
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OPINION
By Moses Nkesiga
The recent policy directives issued by the Minister of State for Local Government, Balaam Barugahara Ateenyi, on August 10, 2026, to LC5 chairpersons, city mayors, division mayors and council speakers have generated considerable public debate.
Much of the discussion has focused on the proposed regulation of alcohol trading hours, the protection of minors, betting and gambling and greater transparency in local government. Some critics have questioned the manner in which executive directives should be implemented at the local-government level.
These are legitimate questions. However, the debate should not lose sight of the broader public-interest objectives behind the directives: Protecting young people, strengthening accountability, promoting productive communities and ensuring that citizens can better understand how public resources are being used.
The central question, therefore, is not simply whether the directives are popular or unpopular. It is whether their objectives are consistent with Uganda’s constitutional and statutory framework and whether their implementation respects the law.
Transparency must be more than a principle. One of the most important aspects of the directives is the emphasis on transparency in local government. Article 41(1) of the Constitution provides that every citizen has a right of access to information in the possession of the State or any other organ or agency of the State, subject to specified limitations relating, among other things, to national security and privacy.
Parliament subsequently enacted the Access to Information Act, 2005, specifically to give effect to Article 41 and establish procedures for obtaining information. The Act applies to information and records held by government ministries, departments and local governments, among other public bodies.
Against this background, making approved local-government budgets accessible to citizens and encouraging greater public visibility of council business should be seen as part of a wider accountability agenda.
Citizens cannot effectively participate in governance if they do not know how public resources are allocated or what decisions their local leaders are taking.
This principle is reinforced by Article 38(1) of the Constitution, which gives every Ugandan citizen the right to participate in the affairs of government, individually or through representatives, in accordance with the law.
Greater openness can, therefore, strengthen the role of citizens, journalists and civil society in monitoring public expenditure. Transparency should not be understood as an accusation that every local government is corrupt. Rather, it is a preventive tool that allows communities to ask questions before problems become crises.
Protecting children must remain a priority
The directives also address the sale and supply of alcohol to persons under 18. The protection of children is not merely a matter of political policy. It is a constitutional responsibility. Article 34 of the Constitution provides special protection for children and recognises their right to protection from social and economic exploitation and from work or circumstances harmful to their health, education and development.
Uganda’s Children Act also establishes a statutory framework for protecting children, with offences and enforcement mechanisms provided under the Act.
The enforcement of restrictions intended to prevent children from accessing alcohol should, therefore, be approached primarily as a public-protection issue.
At the same time, enforcement must be based on the applicable law. Business operators should know what the law requires, enforcement officers should act within their lawful powers and persons accused of violations should be afforded due process. A strong child-protection policy and respect for the rule of law are not competing objectives. They should operate together.
Perhaps the most controversial aspect of the directives is the proposed restriction on the opening hours of commercial drinking establishments, including bars, alcohol shops and local drinking places. The policy argument is straightforward. Early-morning intoxication can affect productivity, family welfare, public order and community development. A society seeking to increase economic productivity has a legitimate interest in encouraging people to spend productive hours working, studying, conducting business and participating in community activities.
However, the legal implementation of restrictions on trading hours must be carefully distinguished from the policy objective itself.
A policy directive does not remove the requirement for enforcement action to have an appropriate legal foundation. Where a restriction requires an ordinance, by-law, licensing condition or other lawful administrative mechanism, the relevant procedure should be followed.
This is particularly important because the Local Governments Act gives district councils power to make laws that are not inconsistent with the Constitution or Acts of Parliament. Section 40 provides for the enactment of district laws through ordinances.
Section 41 further provides that urban, subcounty, division and village councils may make bye-laws in relation to their powers and functions, provided those bye-laws are consistent with the Constitution, Acts of Parliament and applicable higher-level laws.
The Act also provides procedures for the passage and certification of such bye-laws and requires notification before implementation.
Following these procedures would not weaken the directives. On the contrary, it would strengthen their legal certainty and make enforcement more sustainable.
Betting must also be regulated within the law.
The debate about betting and gambling similarly requires a distinction between legitimate regulation and assumptions about the powers of local authorities.
The Lotteries and Gaming Act, 2016 establishes the National Lotteries and Gaming Regulatory Board to supervise and regulate lotteries, gaming, betting and casinos in Uganda. One of its stated objectives is to protect citizens from the adverse effects of gaming and betting.
The Act also establishes a licensing framework for gaming and betting activities. Section 26, for example, prohibits establishing or operating a casino or providing a gaming or betting machine without the required licence.
This provides an important legal foundation for regulating the sector. However, any particular restriction on operating hours or local enforcement should be tied to the relevant licensing, regulatory or local-government authority rather than simply assumed.
That distinction matters because good policy becomes stronger—not weaker—when its legal basis is clearly identified.
Local government must operate within the law.
Uganda’s decentralised system gives local governments significant responsibilities in managing matters affecting their communities. With those responsibilities come corresponding legal obligations.
Where national policy requires local implementation, central Government and local authorities should work together to ensure that policy directives are translated into lawful administrative action.
The Local Governments Act provides a mechanism for district councils to make ordinances and for lower councils to make by-laws, subject to consistency with the Constitution and national legislation.
Enforcement must respect due process.
There is another principle that must not be overlooked: enforcement must be fair.
Article 42 of the Constitution provides that any person appearing before an administrative official or body has a right to be treated justly and fairly and has a right to apply to a court in respect of an administrative decision taken against him or her.
This principle is particularly important where enforcement action could result in penalties, closure of businesses, suspension of licences or other serious consequences.
Joint enforcement operations involving security personnel, local-government officials and other agencies should therefore be conducted professionally and within the law.
Where an operator is accused of violating a law or valid bye-law, the relevant legal provision should be identified and the established procedure followed.
This is not an obstacle to decisive Government action. It is what makes decisive action legitimate.
A broader fight for productive communities
The debate surrounding these directives should ultimately be placed within the wider question of national development.
Corruption is not limited to the theft or misappropriation of public money. Weak accountability, poor administrative discipline and failure to enforce legitimate public standards can also undermine development.
When citizens cannot see how public resources are being used, accountability becomes weaker. When young people are exposed to harmful practices without effective protection, communities bear the consequences. When productive working hours are lost to harmful patterns of alcohol consumption, families and the wider economy can suffer.
The Kisanja No Sleep message is therefore relevant to this discussion. A productive nation requires transparent institutions, communities that protect their young people and citizens who understand both their rights and responsibilities.
Hon. Balaam Barugahara’s directives should consequently be judged not only by the controversy surrounding them, but also by the principles they seek to advance and the manner in which they are implemented.
The way forward is neither to dismiss the directives outright nor to assume that every enforcement measure is automatically lawful. The better approach is to strengthen the legal and administrative framework around them.
If transparency is accompanied by genuine public participation, if the protection of minors is pursued firmly but fairly, and if restrictions on alcohol and other activities are implemented through proper legal procedures, local governments can become stronger instruments of accountability and development.
Ultimately, the test is simple: good public policy must be matched by lawful implementation.
That is how Government can protect citizens, strengthen accountability and build public confidence while ensuring that the rule of law remains at the centre of Uganda’s development journey.
The writer is the NRM district chairperson, Kiruhura district