Parliament let down the People of Kampala
Uganda is ruled by the constitutional supremacy and, therefore, any law or custom which is inconsistent with the constitution is null and void to the extent of the inconsistency. The legislative authority of Parliament is founded upon the mandate given by the electorate as spelt out in the Constitution. Parliament has no absolute and unlimited power to make laws but, rather that mandate is limited to enacting those Laws which are consistent with the Constitution. Thus when the Constitution provides that Kampala as the capital city of Uganda shall be administered by the Central Government, it stands to reason that Parliament was not at liberty to enact legislation or any part thereof which was inconsistent with the centrality of administration of the capital city being in Central government hands. The concentration of administrative powers of the capital city in the hands of Central Government means that the whole corpus of authority is in the hands of Central Government and this must be seen throughout the management systems of the capital city. Central Government administration connotes a complete absence of devolution of power of any description.
Whereas, the Kampala Capital City Authority Act is in some parts decentralizing power to the capital city management, this is a complete negation of the Constitution. This is because the Constitution did not provide for any devolution of power. There is no room in the Constitution for any delegation of the central administration of the capital city to any entity. The Constitution did not confer an autonomous status in any colour or form to the capital city rather all corpus of authority is a constitutional preserve of the Central Government. The constitutional mandate of government is to the effect that the Capital City of Uganda shall be administered by the Central Government and this cannot be delegated, as was illegally incorporated in the Kampala Capital City Authority Act. lt must be emphasized that administering by the Central Government means that all the corpus of authority are within the central government and this includes, but not limited to, everything ongoing, ranging from initiating and implementing the Capital City development programs, maintaining order and security, promoting social economic welfare and the administration of the capital city through the technical administrative offices of whatever title called under the political head of a Central government minister. The principle that Government must be conducted according to Jaw means that for every act of government there must be legal authority. Thus government deriving its legal authority from the Constitution can appoint a minister who is the political head. It is the minister to defend all decisions as dictated by the corpus of authority which the government is executing in the capital city
before Parliament where the representatives of the people including the representatives from the areas physically occupied by the capital city, can champion the aspirations of the people they represent in exercising parliamentary oversight of government. The minister espousing the policies of central government in Parliament has below him/her a team of technocrats appointed in accordance with the Central government constitutional mandate. In a normal ministry, the technical head is the permanent secretary, however. In the case of the capital city the nomenclature given is executive director.
In this constitutional scheme of things. the position of Lord Mayor as exists today Is alien to the Constitution, and consequently a nullity. lt means further that all the unconstitutional entities which bad been placed in position basing their existence on the unconstitutional provisions scattered in the various pages within the Kampala Capital City Authority Act are a nullity. It also means that all those acts executed based on the provisions of the Kampala Capital City Authority Act which are a nullity by virtue of their inconsistency with the Constitution are of no legal consequence. Parliament failed in its oversight duty of ensuring that no act is passed into law which is either wholly or partly inconsistent with the Constitution. It is irnporant that Parliament should at the earliest opportunity redeem itself by carrying out a constitutional
Surgery of the current Kampala Capital City Authority Act and expunge from its pages all those sections or subsections which are in conflict with the constitutional requirement, that the capital city of Uganda be administered by the Central government. This Constitutional cleansing of the Act is imperative in order for Kampala to have an administrative structure which is in conformity with the constitutional framework. Parliament has to do this for Kampala as the Capital City to relegate the ugly administrative sceneries of the recent past. into the limbo of forgone history.