Politicians messed KCCA law, says lawyer

By Adante Okanya, Taddeo Bwambale & Juliet Waiswa

KAMPALA - A prominent lawyer, Peter Mulira, has blamed politicians in the eighth Parliament for passing the Kampala Capital City Authority (KCCA) Act 2010 with vague provisions.

Mulira was on Thursday testifying at the tribunal reviewing a petition by 17 city councillors who want Kampala Lord Mayor Erias Lukwago removed from office.

Proceedings are being conducted at Metropole Hotel in Kampala.

Mulira’s appearance was at the request of the tribunal to offer insight into the way modern cities are administered.

A senior partner in the law firm Mulira and Company Advocates, Mulira said he was one of the consultants for a World Bank funded project in 2007, which drafted a report on how to transform and manage Kampala.

He said Parliament breached Article 5 of the Constitution, which states that the administration of the capital city rests with the Government. He said the Article ‘delinks political leadership from the administration of Kampala.

“Parliament is the cause of all the problems. It was under the illusion that you need political representation, yet the Authority was a body of Government,” Mulira stated.

He stated that MPs’ emphasis was on the political element, without due attention to the technical management of the city.

He explained that his input was limited to the legal structure, different from the past one. Mulira said various stakeholders, contributed.

“The trend was to move away from cities with structures of local governments, to run like corporations, like cities of London, Johannesburg, Durban and Cape Town,” Mulira explained.

Citing some of the clauses in the provisions of the KCCA Act that he considered vague, he said Section 11 describes the Lord Mayor as the head of the capital city. Section 17 describes the executive director as the chief executive officer of the authority.

He noted that the final draft report, was eventually handed to the local government ministry. It was subsequently sent to Cabinet and then tabled in Parliament.

Mulira said one of the recommendations was for a ceremonial mayor, elected by councillors. He said the other alternative was for an executive mayor like in Johannesburg.

Additionally, he said the consultants recommended that policy should be generated by the technical management, and implemented by the councillors.

Citing the example of London in its uniqueness, he said it has the Mayor of London, and the Lord Mayor of the City of London, who automatically becomes a member of the House of Lords.

On Thursday, Makindye Mayor, Dr. Ian Clarke, appearing at the request of the tribunal, asserted that the KCCA Act was vague. He linked the current stormy leadership at City Hall to political trivialities.

“There are councillors aligned to the Lord Mayor and those who are with the executive director. Politics in Uganda seems to mean something different,” Clarke said.

Clarke, however, said he had a good working relationship with Jennifer Musisi. He said he has met expectations through emphasis on service delivery.