City residents should look beyond the flowers planted by KCCA

First off, Kampala has perennially eluded the ruling NRM at the ballot, leaving a bad after-taste on the lips of especially the President whose political, administrative and financial nerve-centres are in Kampala.

Appearing before the House Committee on Public Service and Local Government on February 18, Jennifer Musisi, the Kampala Capital City Authority (KCCA) Executive Director, conceded that “the law is not clear on who is in charge of the Authority …it says the Lord Mayor shall be the political head of the capital city and the Executive Director shall head the technical arm. The Act does not state who the head of the Authority is.”

This admission omits crucial bits of Kampala’s history that explain the current tug-of-war at City Hall.

First off, Kampala has perennially eluded the ruling NRM at the ballot, leaving a bad after-taste on the lips of especially the President whose political, administrative and financial nerve-centres are in Kampala.
The NRM has also had to contend with the fact that Buganda Kingdom sits in Kampala and cannot be wished away, much less ignored.

The liberalisation of the economy, which made Kampala a melting pot of Uganda’s tribes was partly a Machiavellian calculation to weaken Buganda. However, the kingdom is far from being a write-off. Recent incidents like the central government’s blocking of the Kabaka’s visit to Kayunga and the destruction of the royal tombs in Kasubi have only served to embolden the kingdom’s subjects.

It is absurd that instead of seeking an enduring win-win solution to the Buganda question, this regime prefers to buy time by co-opting Buganda’s strong men and women with ostensibly powerful appointments such as vice president.

All these (mis)calculations notwithstanding, the ballot box has continued to defy the machinations of the NRM in Kampala, both at presidential and mayoral level.

It is against this background that the President, through Parliament, moved to subjugate a constituency that had eluded his grasp for so long. The KCCA Act was passed to impose an appointee over an elected mayor; a classic case of rule by law!

The KCCA Act contravenes the Constitution in many ways: Article 5(4) of the Constitution categorises Kampala as the capital city of Uganda. Kampala is one of the districts that make up Buganda pursuant to Article 178(3). Article 240 establishes district land boards, which are insulated by Article 241(2) from the influence of any person or authority.

KCCA has unabashedly purported to close the Kampala District Land Board and even confiscated land titles under the board’s custody.

Questions have also been raised about accountability for the Shs148 billion given to the authority for Financial Year 2011/2012; Shs700 million for the city mortuary; Shs5 billion for the reconstruction of Kafumbe-Mukasa road; Shs17 billion for garbage collection and Shs16 billion for Kampala’s youth.

Evidently, Musisi has no regard for Article 251(2) of the Constitution which requires her to implement the majority vote. Instead, she runs roughshod over councillors, the Lord Mayor and everything else in her path, to the excitement of an unsuspecting and gullible public!

KCCA’s understanding of “development” is untenable. The cities we admire have contextualised development to suit their peculiarities. Madrid cannot look like Paris; nor can Beijing aspire to resemble New York in the name of “development”. What Kampala should look like as the capital city of Uganda cannot be the preserve of individuals at the KCCA.

We must not be tempted into accepting shortcuts like expelling market vendors, moreover without adequate compensation or relocation in pursuit of a “clean and organised city.”

The cure for this chaos is Article 2(1) and (2) of the Constitution which nullifies any law that is inconsistent with the Constitution.
The questions of accountability, selective demolitions, evictions and procurement malfeasance as posed by the Lord Mayor and councillors deserve answers.

Kampalans must look beyond the flowers that have been planted and the born-again façade that veils Musisi’s unconstitutional and illegitimate operations.