LC1 elections set for January 2017

KAMPALA.

The government has announced elections for Local Council I and II will finally be held in January 2017 although the Electoral Commission has expressed reservations on its preparedness for the exercise.

The minister of State for Housing, Dr Chris Baryomunsi, revealed this yesterday when he was speaking at the Lands, Housing and Urban Development Joint Sector Review workshop at the President’s Office. The workshop was held to discuss Uganda’s journey to the middle income status and the role of ministry of Lands, Housing and Urban Development towards realization of this target.

Dr Baryomunsi was responding to remarks by the Uganda Land Commission chairperson, Mr Baguma Isoke, who said Local Council courts as the first courts of land dispute resolution have not legally constituted since 2001.

“I want to respond to Mr Baguma Isoke, that the cabinet and EC are all aware of the President’s directive to hold LCI and LCII elections in January next year and the budget is ready-- about Shs 37 billion far below the one that was suggested to cater for secret ballot-- about Shs550 billion,” said Mr Baryomunsi.

Uganda has not conducted elections for LCI (village) and LCII (parish) for the last 15 years, the last one having been held in 2001 before the country shifted from the one-party Movement system to the multiparty system of governance.

Attempts to hold the elections in 2006 were thwarted following the Constitutional Court ruling on the petition by then opposition member of Forum for Democratic Change (FDC) Maj Rubaramira Ruranga (retired) who challenged the legality of the incumbent Local Councils following the country’s return to the multiparty political system,
He argued that the Local Councils which were elected under the discarded Movement governance became unconstitutional upon the country’s reversion to the multiparty system.

The court upheld his petition and nullified the Local Councils and ordered fresh elections under the multiparty system.

However, due to financial constraints, the government has never held the elections although the Local Councils continued operating illegally to-date. Uganda has 7431 parishes and 57, 842 villages in 1403 sub-counties.

Mr Baryomusi said at yesterday’s workshop that the election of LC officials will be voted by lining up behind the candidates as opposed to the secret ballot system. He said the government preferred the procedure of lining up behind candidates to reduce on the high costs of the secret ballot system.

He explained that government realised that it would be too expensive using secret ballot voting, compared to lining up.

Voting by lining up behind the candidates for Local Council I and II was adopted in 2014 after Parliament overwhelmingly endorsed it during the debating and passing of the Local Government Amendment Bill 2014.

Baryomunsi stated that cabinet and the Electoral Commission (EC) have already pronounced elections will be held in January although they have not yet communicated the date.

However, the EC spokesperson Mr Jotham Taremwa said although a figure of Shs 37 billion has been suggested, they have held several meetings with Parliament and the relevant ministries over the same matter but failed to agree a common position.

“Government wants this money revised down wards which requires several amendments in the law governing these elections and in the event that the amendments have not been, funds have not been sought and there is no programme for the elections at EC, then we need to be advised well,” said Mr Taremwa.

However he added: “If this is resolved and funds availed to us, we shall conduct the elections because we are always ready for this task.”

President of the leading opposition party FDC Maj Gen Mugisha Muntu (retired) said as a party they are ready for the elections and would start moving across the country to moblise their members to participate in the exercise.

“We are going to mobilise to kick them (the ruling NRM party) out because they have been under fear. Now that they have overcome their fear, we are going to have an elaborate programme to ensure they don’t rig this time,” said Maj Gen Muntu.

Since the nullification of their offices by court 10 years ago, the LCs have been in office illegally. Therefore the fate of the actions or decisions they took during this period is not clear.
Lawyer and Kampala Lord Mayor Erias Lukwago said because the LCs have been operating illegally, everything they transacted after the invalidation of their offices is a nullity.

“In fact they are lucky that nobody has taken them to court after the 2006 ruling and I am sure government will not live up to this commitment, they are treating us to another lie,” said Mr Lukwago.

The Democratic Party leader Mr Nobert Mao said the current Local Councils are invalid and cannot preside over any case or even pass a legally binding document.

Mr Mao said it is a worrying scenario because many land transactions, a prevalent contentious issue around the country, are concluded on documents presided over and signed by the illegitimate Local Council officials.

“We shall mobilise as a party to field candidates for these positions across the country and we shall take them,” said Mr Mao.

He said although Article 181(4) of the Constitution says all local government councils shall be elected every five years, there has been a leadership vacuum due to the absence of effective LCs. He said this is fuelling lawlessness in the villages because in the absence of active Local Councils, the people have been disempowered yet the state is too distant to have an effective presence in every village.

The EC last held LCI and II elections in 2001 under the one-party Movement system. The councils’ office term expired on May 12, 2006. Only elections at Local Council III (sub-county), district, parliamentary and presidential level have been held under a multiparty system of governance since the country reverted to political pluralism in 2005.

At the workshop yesterday, in a speech read for him by the minister of Lands, housing and urban development, President Museveni admitted that lack of the LCs at village level has affected adjudication of land disputes at community level.

President Museveni directed the Lands ministry to recover all government land that has been fraudulently taken over by people.

“Proper administration and management of land is the duty of government and many government development projects have failed to take off because of delays in acquiring land. This must be sorted out to enable investment,” said President Museveni.

Last year, Parliament passed the Local Government (Amendment) Bill 2014 providing for queueing up behind candidates during LC elections.

The earlier law mandated the EC to organise, conduct and supervise the LC elections at local government level by secret ballot, using one ballot box for all candidates.

The amendment Bill indicated that voting by lining up behind candidates would drastically reduce the cost of holding the LC elections from Shs505 billion to Shs35 billion.

It indicated that the money would be used to pay for human resource, logistics and ballot papers.

Reactions

Mr James Opoka, the LCI Chairperson for Senior Quarters parish in Gulu Municipality.
“I have been working normally like some of my fellow LCIs, if there is any information we are missing, at least formally we should have been contacted. However, if our work is deemed illegal and new changes are coming up, a person like me has no objection for it, I can’t resist change.”

Mr Martin Okoba, LCI Chairperson Bibia West parish in Atiak Sub county Amuru district.

“I have no knowledge of court declaring us illegal. I don’t even know when the election will take place. For, me I have been working all along. May be I will stop when I get official communication.”

Mr Stanley Chekwoti of Chemonges Square village in Kapchorwa town.

“I am not aware of the court ruling. I heard about the January election as rumours. Why not, I will contest.” Even if there was a court order, most people would suffer without my office.”

Mr Ali Gidudu, Makuduyi village Nabweya parish- Mbale district is not aware of the court ruling so he is working normally. “I will work until election time in January if it will really take place. I will contest obviously.”