Sensitise people before enforcing physical planning law - Chief Justice

JUDICIARY |SENSITISING|PUBLIC

KAMPALA - Chief Justice Alfonse Owiny-Dollo has tasked the National Physical Planning Board (NPPB) to sensitise the citizen about the new physical planning law before enforcing it. 

Owiny-Dollo noted that educating the public about the law before its application is not only fair but also limits excuses of ignorance to the culprits. 

"As Judiciary, we are ready to handle your cases for we want a better Uganda than the one we found, but you should first sensitise the public about this law through media and other related means because most of our people are ignorant about the law," Owiny-Dollo said. 

Owiny-Dollo for example said there is a need for the board members to engage with the Local Government officials throughout the country. 

The Chief Justice rendered the advice to the board members led by Amanda Ngabirano during a meeting between the two entities at the High Court in Kampala on Thursday (October 29, 2020). 

"Engage every city and Local Governments to come up with by-laws in line with the new physical planning law because they can help in easy enforcement of it," Owiny-Dollo orated. 

Owiny-Dollo however backed prosecution of citizens flouting the physical planning law, noting that the country needs to be put back on track. 

He noted that the country is urbanising very fast but the quality of urbanization is very poor and needs to be put on the right track. 

In reply, Ngabirano said they are planning to interpret the law in various native languages in addition to the usage of media platforms. 

"We have embarked on the process of interpreting the law in various native languages and also buy airtime on selected media to educate the people about this law before enforcing it," Ngabirano noted. 

Ngabirano said the new law, which President Yoweri Museveni assented to on January 20, contains a number of tough reforms enacted to weed out unplanned urban development that has resulted in unwanted cluttered growth. 

"The good thing with this law is that it gives powers to the Physical Planning Board to direct or cause the demolition of any structures illegally constructed in a road reserve or a planned area without compensation and at the cost of the developer across the country," Ngabirano revealed. 

The new Physical Planning law makes it mandatory for every person to procure a litter bin and place it at the entrance of their homes, paint the exterior of their houses, pave the front porch of their houses or business premises and clearly place a signpost with their name engraved on their plot of house gate or face jail. 

It further makes it mandatory for every premise to have a litter bin or garbage bin while people found of throwing rubbish out moving vehicle or sugar cane loaders who leave sugar cane leaves heaped in the road or vendors who leave fruit peelings heaped all over faces a fine of up to sh2m or imprisonment not exceeding one year or both. 

The law also requires every house to have its exterior painted regularly in addition to the regular slashing of the compound at one's premises, lest subjected to a fine of sh2m or imprisonment not exceeding one year or both. 

Ngabirano also said it is mandatory for the Local Governments to consider physical planning as a priority, failure of which would lead to a reduction of funds to such a district. 

"I believe even the Kabaka of Buganda is not happy about the current state of Kampala and we shall also engage cultural leaders about the implantation of this law," Ngabirano said.

Commenting on the law, deputy chief justice Richard Buteera, welcomed it but said it should not be applied selectively. 

"When I was still the Director of Public Prosecutions, someone was presented to me after his house had been demolished having constructed it in a swamp but he told me that it was only him that had been singled out yet non-of his neighbours had been brought before the law. I, therefore, call upon you to apply it on all people," Buteera said. 

Judiciary Permanent Secretary Pius Bigirimana said the law was overdue but said it was never late to rectify the past errors. 

"I beg you, do not get compromised, and put on a thick skin like what I am doing at the Judiciary. You must be ready to fight to ensure that this law is implemented," Bigirimana said. 

High Court deputy registrar Samuel Emokor however said the law needs to be reviewed because it restricts trial of the cases to the High Court yet they can be handled by the subordinate court (Chief Magistrate Courts).