Lukwago, who presented the letter to council on Wednesday, said council is still discussing the report by Kampala District Public Accounts committee on the exorbitant legal costs for, which Musisi and Ouma were summoned.
There is a disagreement between the Kampala
Capital City Lord Mayor Erias Lukwago and minister for Kampala, Beti Olive Kamya
over the implementation of council resolutions.
In a September 6th,
2019 letter, Kamya cautions Lukwago on “irregularity where the Authority is
implementing Council resolutions without following the appropriate procedures
laid out in the law of first confirming and signing of minutes of the meeting”.
Kamya pointed out that when the KCCA Council resolved to
summon the former KCCA Executive Director, Jenifer Musisi and Director Legal
Affairs, Charles Ouma over exorbitant legal fees they went ahead to implement
the resolution before the minutes were signed.
Kamya makes the same argument
about the appointment of the Nakawa Area Land Committee.
She quotes the fourth schedule of the KCCA Act
2010, which requires the Authority led by the Executive Director to submit
minutes for confirmation during the next meeting.
The minutes are then signed
by the Lord Mayor and at least one councilor in the presence of the members
present in the meeting. “In light of the above provision of the law, it
is highly irregular and unlawful for the Authority to continue implementing
resolutions out of a meeting, whose minutes haven’t been confirmed and signed,”
Adding that, “Please note that any resolutions
implemented outside the ambits of the law are null and void.” Lukwago, who
presented the letter to council on Wednesday, said council is still discussing
the report by Kampala District Public Accounts committee on the exorbitant
legal costs for, which Musisi and Ouma were summoned.
//Cue in: “Which minute are…
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Lukwago questioned the applicability of the
issues raised by Kamya. Musisi and Ouma were expected to appear before the KCCA
council on September 26th, 2019.
However, according to Kamya’s
argument, council would have to conduct another meeting to sign minutes before
they continue to implement their resolutions. Lukwago will not have any of this, saying it will
slow down the work of KCCA.
//Cue in: “That the minutes…
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Lukwago says Kamya is making statements without even
consulting him on matters that transpire in council, adding that she is probably
being misled by some council members who feed her with baseless information.
//Cue in: “And let me…
Cue out: …confirm from me”//
The Ag. KCCA Deputy Executive Director, Sam Sserunkuma noted
that Kamya needs to seek further legal guidance. He advised that the KCCA
council goes ahead with its upcoming meetings but postpones the summons until
minutes are signed.
//Cue in: “We may also…
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Councilor Bruhan Byaruhanga noted that the council should
consider the argument presented by Kamya because it has a bearing in the law.
However, other councilors were of the view that the Minister is merely
attempting to suppress their decisions, saying they need to stand by their resolutions.
Others said that while the law talks about signing minutes, it doesn’t say that
the resolution cannot be implemented before the minuets are signed.