Now, in her letter to Lukwago, Kamya argues that a District Executive Committee as constituted under the Local Government Act that would have recommended the re-appointment of Ntege doesn’t exist under KCCA.
The Kampala Minister, Beti Olive Kamya has
described the termination of the contract of Farouq Ntege, a member of the Kampala
District Land Board as unlawful.
This is
contained in a September 6th letter by Kamya addressed to Kampala
Lord Mayor, Erias Lukwago. On August 12th, 2019, Lukwago
wrote to Ntege asking him to reapply for appointment to Kampala District Land
Board within two weeks or his position be declared vacant.
It came after the KCCA council noted
that Ntege was appointed to the board without any council minute or instrument recommending
him. Ntege was appointed to the Board on February 4th 2016 by the former Presidency
and KCCA Minister, Frank Tumwebaze.
While declaring Ntege’s appointment illegal, the Lukwago-led
council referred to section 17 of the Local Government Act that among others
provides that the district executive committee shall recommend to the council
persons to be appointed members of the District Land Board.
These are then considered for appointment by
the Minister. The council noted that while other members were
recommended by the executive at the division level, Ntege wasn’t which made his
appointment irregular and recommended that he re-applies.
Consequently, Ntege petitioned Kamya challenging the move by the
KCCA council. Now, in her letter to Lukwago, Kamya argues that a District
Executive Committee as constituted under the Local Government Act that would
have recommended the re-appointment of Ntege doesn’t exist under KCCA.
“This is to therefore advise that the petitioner was lawfully
re-appointed into office and any action to remove him from office will be
highly irregular and unlawful,” reads the letter in part. Kamya argues that since there is no executive committee under
KCCA, the then Minister duly executed his powers by appointing Ntege.
There
is an on-going case where Ntege sued the Lord Mayor Erias Lukwago for illegally
terminating his contract. Ntege also secured a temporary injunction from high
court stopping his termination. The constitution of Uganda confers a special status upon
Kampala as the Capital City of Uganda that is supposed to be administered by
the central government.
However, section 5 of the KCCA Act provides that
any enactment that applies to a district shall subject to this Act and with the
necessary modifications apply to the Authority (KCCA).
