Government clears KCCA to levy garbage tax

Some of the city leaders had argued that it is unfair for KCCA to charge garbage fees on commercial property owners, yet the tax could be used to cater for other services, including garbage collection. FILE PHOTO

What you need to know:

  • Law. Section 37(2) of the Local Governments (Rating) Act, 2005, says all money collected from property tax shall not be expended except for providing services such as roads construction and maintenance, street lighting, physical planning, and garbage collection among others.

Kampala. A long-standing dispute between Kampala Capital City Authority (KCCA) political and technical arms over payment of garbage fees has been put to rest following clarification by the Attorney General (AG).
In a November 7, 2018, letter, Mr William Byaruhanga said KCCA political leaders had misinterpreted the Local Governments (Rating) Act, 2005.

Mr Byaruhanga was responding to Kampala Affairs deputy minister Benny Namugwanya, who had sought interpretation of the Local Governments (Rating) Act, 2005, and the Local Governments (Kampala City Council) (Solid Waste Management) Ordinance.
Some of the city leaders had argued that it is unfair for KCCA to charge garbage fees on commercial property owners, yet the tax could be used to cater for other services, including garbage collection.

But Mr Byaruhanga said the Rating Act, 2005, does not bar the charge of garbage fees by KCCA.
He said property rates are charged on rateable property in a local jurisdiction and the owner pays for charges derived from such computation, while garbage fees are charged by KCCA directly or through concessionaires licensed by KCCA to collect solid waste in the city from people who generate it.

What law says
“The Local Governments (Kampala City Council) (Solid Waste Management) Ordinance S.1 243-21, provides for garbage collection dues in Kampala. This Ordinance applies to Government-owned properties, KCCA properties, and privately-owned properties,” he wrote.

Also Paragraph 4(1) of the Local Governments (Kampala City Council) (Solid Waste Management) Ordinance says the owner of any premises is responsible for the waste generated. But the Ordinance does not state how much money one must pay.

But the Nakawa Division mayor, Mr Ronald Balimwezo, one of the leaders who had petitioned the minister, told Daily Monitor in an interview yesterday that government must prioritise allocating funds for solid waste in the subsequent KCCA budgets.

“I think the laws have to be amended to resolve the current impasse. When you look at the Rating Act, 2005, it states that part of the tax collected should be used to provide services like garbage collection, but the KCCA Solid Waste Management Ordinance also talks about payment for the garbage generated. This is confusing,” he said.

Law. Section 37(2) of the Local Governments (Rating) Act, 2005, says all money collected from property tax shall not be expended except for providing services such as roads construction and maintenance, street lighting, physical planning, and garbage collection among others.

Reaction

Kampala Capital City Authority yesterday welcomed the AG’s letter, saying it will help people understand the law as far as generation of garbage in the city is concerned. Mr Peter Kaujju, the KCCA’s director of public and corporate affairs (pictured above), said: “There is nowhere in our laws where it says that a person should not pay for garbage. As KCCA, we are implementing what the law says.”