Monday February 24 2014

240 illegal zones in Makindye cancelled

By Juliet Kigongo

Court has ordered the cancellation of 240 Local Council Zones in Makindye Division, arguing that they were illegally created by government.

High Court Judge Yasin Nyanzi faulted the Electoral Commission (EC) and Attorney General (AG) for creation of the illegal zones, arguing that the Local Council (LC) authorities at the division did not approve them.

Justice Nyanzi quoted the Local Government Act, which provides for approval from the division or sub-county in consultation with the relevant authorities, request by the people, as well as approval by the minister, for creation of an LC or ward.

The court decision followed a 2010 case in which three chairpersons of various zones in the division; Mr Moses Musoga of Kalanzi zone, the late Abdullah Kibeta of Ssebuliba zone, and Mr Twaha Bamujje Matovu of Kalule zone together with a resident, Mr Ahmed Serunjogi, sued the government agencies challenging the creation of the new administrative units.
They argued that their creation was illegal.

Court heard that the EC and the AG illegally occupied the positions of the LC 1 chairpersons for the various zones yet no elections have ever been conducted by the EC for such positions.

Justice Nyanzi said the minister would not invoke his jurisdiction before requirements are fulfilled.

“The decision to change the legal boundaries or create new units in Makindye Division was illegal and any person handling such units does so illegally because such units do not exist,” Justice Nyanzi ruled.