REGIONAL TIER: KEY ISSUES EXPLAINED
In his address to parliament last month, President Museveni said the regional tier system of government would be implemented in the next financial year. Joshua Kato explains what the regional tier entails:<br><br>The regional tier was supposed to kick o
In his address to parliament last month, President Museveni said the regional tier system of government would be implemented in the next financial year. Joshua Kato explains what the regional tier entails:
The regional tier was supposed to kick off July 1, 2006, but it did not because Buganda’s Lukiiko rejected it. The former Katikkiro of Buganda Mulwanyamuli Ssemwogerere, who participated in designing the regional tier thought he had won a tough battle, as he addressed the Buganda Lukiiko four years ago.
“They arrayed their best fighters against our own and finally this is what we agreed upon,†he said while presenting the deal between the cultural regions and the Government.
A few months later, some voices from the Lukiiko started saying Ssemwogerere had ‘sold’ Buganda’s interests for a ‘song’, and Buganda could not accept the system.
On Christmas Eve 2005, Ssemwogerere was relieved of his duties and replaced by Dan Muliika. Consequently, the regional tier aspirations were buried.
Because the regional tier is a constitutional provision, there was a likely constitutional crisis in the making. The issue was quietly set aside and in 2007, the Government said they had shelved the move to implement the system because those who agreed to it no longer wanted it. However, it remained in the constitution, which is why the President wants it implemented in 2010. In a way, the regional tier would have been a stepping stone towards Buganda’s demand for a federal status. “We should adopt it as a step in the right direction,†Prime Minister Apolo Nsibambi said. There is information that sections of the Lukiiko have asked the Government to close the loopholes in the system if they are to convince Buganda to accept it. Bunyoro, Toro and Busoga regions have already called for its implementation.
- Role of regional government
It will be in charge of secondary and tertiary institutions, except national universities and institutions. This means they will be in charge of universal secondary education.
Regional governments will also be in charge of roads. Previously, there were mainly three road types: the national roads or highways; the district roads that link districts to other districts and community roads that link villages and parishes. But, recently the Government took over most of the longer district roads and these are likely to be raised to regional roads.
Under the system, the regional governments will be in charge of referral hospitals (with the exception of the national ones). They will also monitor and supervise agriculture programmes.
They will be in charge of cultural and traditional lands, promote local languages, crafts and antiquities, water and sanitation. However, regional governments may not collect many taxes, but will be allowed to levy surcharges approved by the central government.
After the establishment of the system, the central Government will work out a way of giving unconditional grants to the regional governments to spend on projects initiated by themselves.
Finally, the regional governments will receive copies of financial accountability of the districts to the central Government as part of their role of monitoring and supervising the implementation of government programmes.
- Land matters
A regional government may establish a regional land board to coordinate, monitor and plan for land use in the region, but in case of a conflict between regional land planning and the central Government land planning, the latter shall prevail. The fact that a regional government will have a regional land board means it will have significant control over land.
Land issues have been controversial in Uganda and it remains to be seen if another tier of land control, on top of the district land boards, will solve land conflicts.
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How it will work
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Basically, this can be called an LC6 because it is above LC5, which is currently the highest level of local administration. Other than a few cultural inclinations, the regional tier is structured in the same way as the districts, albeit at a larger level.
Article 178 of the Constitution gives a regional government a right to adopt its own name like Buganda region, Busoga region and Teso region.
There are 20 envisaged regions, most of them based on tribal dominance, that can form regional governments. Buganda may have 14 districts, Busoga eight, Bunyoro four, Ankole five, Acholi five and West Nile seven.
The council will be composed of representatives elected on the basis of universal adult suffrage in an election conducted by the Electoral Commission.
While the LC5 councillors are elected from sub-counties, the regional tier councillors may be elected at the county level.
On average, every district has got two counties.
In addition, the council will have at least a third female representation, youth representation and persons with disabilities.
District leaders from the region will be ex-officios of the assembly but without voting powers.
The regional government will have representatives of indigenous cultural interests in areas where there is a traditional or cultural leader. However, this representation must not exceed 15% of the total membership of the assembly.
There will be a speaker, elected from amongst the members, by at least 50% of the votes cast.
Generally, the regional assembly will operate like district councils. Committees will be set up to handle standing and other issues, but the difference is that at the region, there will also be a cultural committee.
“The standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region,†Article 178, sub-section 3 says. However, the committee shall consult the region’s traditional leader, before effecting any of the decisions they take.
The regional government shall be led by a regional chairperson above 35 years of age. A person shall not qualify to be elected a chairperson unless he or she is a citizen of Uganda by birth and one of his parents or grandparents is or was a resident in the region and a member of the indigenous communities existing and residing within the borders of the region as at the first day of February 1926 when the modern borders of Uganda were drawn.
The chairperson to be elected by universal adult suffrage should also be willing and able to adhere to and perform the cultural and traditional functions and rites required by his or her office. Where applicable, upon election, he should be handed the instruments of office by the traditional leader of the region.
Where a traditional leader or cultural leader exists in a region, he shall be the titular head of the regional government and assembly. He shall shall open, address and close the sessions of the regional assembly.
One of the controversies in the act is that while the LC5 directly deals with the local government ministry, regional governments will cooperate with ministries of the central Government, but on policy matters liaise with the Office of the President. This may raise eyebrows as people wonder why a local governance institution does not deal with the local government ministry.
The regional tier was supposed to kick off July 1, 2006, but it did not because Buganda’s Lukiiko rejected it. The former Katikkiro of Buganda Mulwanyamuli Ssemwogerere, who participated in designing the regional tier thought he had won a tough battle, as he addressed the Buganda Lukiiko four years ago.
“They arrayed their best fighters against our own and finally this is what we agreed upon,†he said while presenting the deal between the cultural regions and the Government.
A few months later, some voices from the Lukiiko started saying Ssemwogerere had ‘sold’ Buganda’s interests for a ‘song’, and Buganda could not accept the system.
On Christmas Eve 2005, Ssemwogerere was relieved of his duties and replaced by Dan Muliika. Consequently, the regional tier aspirations were buried.
Because the regional tier is a constitutional provision, there was a likely constitutional crisis in the making. The issue was quietly set aside and in 2007, the Government said they had shelved the move to implement the system because those who agreed to it no longer wanted it. However, it remained in the constitution, which is why the President wants it implemented in 2010. In a way, the regional tier would have been a stepping stone towards Buganda’s demand for a federal status. “We should adopt it as a step in the right direction,†Prime Minister Apolo Nsibambi said. There is information that sections of the Lukiiko have asked the Government to close the loopholes in the system if they are to convince Buganda to accept it. Bunyoro, Toro and Busoga regions have already called for its implementation.
- Role of regional government
It will be in charge of secondary and tertiary institutions, except national universities and institutions. This means they will be in charge of universal secondary education.
Regional governments will also be in charge of roads. Previously, there were mainly three road types: the national roads or highways; the district roads that link districts to other districts and community roads that link villages and parishes. But, recently the Government took over most of the longer district roads and these are likely to be raised to regional roads.
Under the system, the regional governments will be in charge of referral hospitals (with the exception of the national ones). They will also monitor and supervise agriculture programmes.
They will be in charge of cultural and traditional lands, promote local languages, crafts and antiquities, water and sanitation. However, regional governments may not collect many taxes, but will be allowed to levy surcharges approved by the central government.
After the establishment of the system, the central Government will work out a way of giving unconditional grants to the regional governments to spend on projects initiated by themselves.
Finally, the regional governments will receive copies of financial accountability of the districts to the central Government as part of their role of monitoring and supervising the implementation of government programmes.
- Land matters
A regional government may establish a regional land board to coordinate, monitor and plan for land use in the region, but in case of a conflict between regional land planning and the central Government land planning, the latter shall prevail. The fact that a regional government will have a regional land board means it will have significant control over land.
Land issues have been controversial in Uganda and it remains to be seen if another tier of land control, on top of the district land boards, will solve land conflicts.
-------------------
How it will work
-------------------
Basically, this can be called an LC6 because it is above LC5, which is currently the highest level of local administration. Other than a few cultural inclinations, the regional tier is structured in the same way as the districts, albeit at a larger level.
Article 178 of the Constitution gives a regional government a right to adopt its own name like Buganda region, Busoga region and Teso region.
There are 20 envisaged regions, most of them based on tribal dominance, that can form regional governments. Buganda may have 14 districts, Busoga eight, Bunyoro four, Ankole five, Acholi five and West Nile seven.
The council will be composed of representatives elected on the basis of universal adult suffrage in an election conducted by the Electoral Commission.
While the LC5 councillors are elected from sub-counties, the regional tier councillors may be elected at the county level.
On average, every district has got two counties.
In addition, the council will have at least a third female representation, youth representation and persons with disabilities.
District leaders from the region will be ex-officios of the assembly but without voting powers.
The regional government will have representatives of indigenous cultural interests in areas where there is a traditional or cultural leader. However, this representation must not exceed 15% of the total membership of the assembly.
There will be a speaker, elected from amongst the members, by at least 50% of the votes cast.
Generally, the regional assembly will operate like district councils. Committees will be set up to handle standing and other issues, but the difference is that at the region, there will also be a cultural committee.
“The standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region,†Article 178, sub-section 3 says. However, the committee shall consult the region’s traditional leader, before effecting any of the decisions they take.
The regional government shall be led by a regional chairperson above 35 years of age. A person shall not qualify to be elected a chairperson unless he or she is a citizen of Uganda by birth and one of his parents or grandparents is or was a resident in the region and a member of the indigenous communities existing and residing within the borders of the region as at the first day of February 1926 when the modern borders of Uganda were drawn.
The chairperson to be elected by universal adult suffrage should also be willing and able to adhere to and perform the cultural and traditional functions and rites required by his or her office. Where applicable, upon election, he should be handed the instruments of office by the traditional leader of the region.
Where a traditional leader or cultural leader exists in a region, he shall be the titular head of the regional government and assembly. He shall shall open, address and close the sessions of the regional assembly.
One of the controversies in the act is that while the LC5 directly deals with the local government ministry, regional governments will cooperate with ministries of the central Government, but on policy matters liaise with the Office of the President. This may raise eyebrows as people wonder why a local governance institution does not deal with the local government ministry.