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Constitutional Court Drops Teachers' Petition Against KCCA :: Uganda Radionetwork
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Constitutional Court Drops Teachers' Petition Against KCCA

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The dismissal of this case comes at the time when teachers are struggling to survive following the government's order to close schools until further notice to avoid the spread of Covid 19 pandemic which has so far killed two Ugandans and thousands cross the globe.
Justices Mike Chibita (Supreme Court), Kenneth Kakuru (Constitutional Court) and Stellah Arach (Supreme Court)

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The Constitutional Court has dropped a petition by Uganda National Teacher’s Union-UNATU against Kampala Capital City Authority-KCCA for denying teachers representation in the council just like other professional bodies. 

The five member panel of the Constitutional Court justices led by Kenneth Kakuru dropped the petition on Tuesday morning on grounds that it had been overtaken by events. The other justices are Christopher Izama Madrama, Remmy Kasule, Hellen Obura and Stephen Musota. 

The decision to drop the petition came after the applicant’s lawyer; Kwemara Kafuuzi told court that his clients had instructed him to withdraw the petition on grounds that it had been overtaken by events following the enactment of the KCCA Act of 2019.                                                                                                  

The act scrapped the representation of professional bodies in KCCA and paved way for general representation by division councilors and workers representatives. 

The professional bodies that were previously represented at the council included Uganda Institute of Professional Engineers, Uganda Medical Association, Uganda Law Society and Uganda Society of Architects.   

KCCA lawyer, Denis Byaruhanga didn’t raise objection to the applicant’s lawyer to withdraw the application. He agreed with Kafuuzi’s application, saying each party bears its own costs of the suit, which was endorsed by the court.    

Details of the Application  

In 2013, UNATU sued KCCA protesting the exclusion of teachers from representation in the council, saying it was discriminatory and inconsistent with the constitution. The former UNATU General Secretary, James Tweheyo swore an affidavit supporting the application. 

He argued that KCCA had excluded them from the scale upon, which other permanent employees under KCCA are paid allowances and yet they all do equal work.     

 

However, the then KCCA Executive Director, Jennifer Musisi argued that KCCA deliberately excluded teachers from representation in the council because UNATU being a union of teachers isn’t incorporated under any Act of Parliament to have representation.

Musisi also argued that KCCA doesn’t employ teachers but only supervises them when they are posted in government aided schools under the Authority. 

She also explained that the terms and conditions governing the services of teachers are set by the Education Service Commission and not KCCA. 

She therefore asked court to dismiss UNATU's petition.  

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