{UAH} Legal clouds as KCCA councilors are sworn in

Legal clouds as KCCA councilors are sworn in

News

FRIDAY, 22 NOVEMBER 2013 11:29

WRITTEN BY SIRAJE LUBWAMA

21 COMMENTS

Mwinganisa Verna Msasazi Busharizi being sworn in yesterday.

Two days after their election, the four councillors representing professional bodies were yesterday sworn in by Kampala Capital City Authority Executive Director Jennifer Musisi.

Before the oaths, a KCCA official quoted the second schedule of the KCCA Act, giving the executive director power to administer the oaths. However, Kampala lawyer, Alex Bashaasha, doubted that such a provision was legal.

"If it was there it would contravene several provisions of the law, which only allow a magistrate or a commissioner of oaths to perform such a duty," he said.

Bashaasha added that in extreme cases, senior police and prison officers would be allowed to administer oaths, after receiving a special certificate from the Chief Justice.

"I doubt if [Jennifer] Musisi has a legal practicing certificate, to carry out such a duty," he added.

The four councillors are Frank Kanduho (Uganda Law Society), Verna Mbabazi Mwinganisa (Uganda Society of Architects), Eng Karuma Kagyina (The Institute of Professional Engineers) and Denson Nyabwana (The Uganda Medical Association).

"We believe that your contribution will is going to add a lot of values that will make Kampala one of the developed cities," Musisi said after the oaths. "We pledge our commitment to your professional contribution in the process of transforming the city."

Their swearing in, paves the way for a special council session to be called by the minister for Kampala, Frank Tumwebaze not later than November 28, 2013, to discuss Lord Mayor Erias Lukwago's fate. A special tribunal recently found Lukwago guilty of charges of abuse of office, brought a section of councillors.

But the council could not legally impeach him, as it was incomplete without the four representatives.  A special session will now be called to decide Lukwago's fate. Three of the councilors refused to comment on how they would vote in the special session, arguing that they had not read the tribunal report. However, Kanduho told the Observer that after reading the executive summary of the report, he knew what to do with Lukwago.

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower