■ Legal Opinion Shows Mayor Uhuru Has No Powers To Remove Deputy Mayor
■ See How Mayors Uhuru & Lubaga’s Mberaze Errored In Law
■ Here Is The Full Interpretation Of KCCA ACT On Deputy Mayor’s Removal
LEAD PHOTO: Mayor Uhuru with his undisputed Deputy Hajjat Hanipher Mpungu
NEWS EDITOR MEDIA
THE ruling National Resistance Movement (NRM) Party Kampala Mobilizer Hajjat Hanipher Mpungu is the legitimate Deputy Mayor Kampala Central Urban council, confirms Kampala Capital City Authority (KCCA) Executive Director Dorothy Kisaka.
This development comes after Kampala Central Division Mayor Salim Saad Uhuru ‘Nsubuga’ purpotedly made reshuffles in his cabinet and dropped his deputy Hanipher Mpungu for Councilor Maureen Tumusiime Kabananura, a move legally contested by Mpungu’s lawyers of Mudiobole & Co Advocates.
Hajjat Mpungu a renown NRM diehard represents Old Kampala Parish whereas Maureen Tumusiime is a councilor representing Nakasero I & II Parishes.
This investigative News Website can authoritatively report that the office of the Executive Director KCCA has rejected Mayor Uhuru’s new appointed deputy and given a legal opinion showing that Hanipher Mpuungu is the Deputy mayor, the council resolution arising from an Ordinary meeting convened on Thursday January 25, 2024 which approved Maureen Tumusiime for Deputy Mayor was not in order. Uhuru gave her hot air!
In a petition to ED Kisaka dated January 29, 2024, Hajjat Mpungu’s lawyers said, “It’s from the above purported reshuffle of our client (Hanipher Mpungu) that we contend that the same was in utter abuse of the Mayor’s powers as he does not have the authority to remove a Deputy mayor from office.”
Lawyers clearly said, “The process of removal of a Deputy Mayor is well elaborated in the KCCA Act 2010 as Amended and the same does not give powers to the Mayor.”
ED Kisaka, who is the custodian of KCCA Law is in agreement with Hanipher Mpungu’s lawyers and the legal opinion she gave in regard to Lubaga Mayor Mberaze’s failed move to remove his deputy Hajjat Rehema Sanyu Fugge serves the same purpose to bwana Uhuru’s attempt.
After Uhuru purportedly removed his deputy mayor, with a team of councilors, they travelled to Kenya to enjoy life.
In an Ordinary council meeting on Thurday January 25, 2024 presided over by Speaker Erieza Katawera Balwaine, at GNS hotel Old Kampala, the Division Mayor, His Worship Uhuru Saad Salim entered the said session and on the Order paper, there was an item for the speech of the division Mayor.
In the Mayor’s Adress 2024, Uhuru informed the Council that he had made some reshuffles in the executive of the division to
wit; he replaced the Deputy mayor Hanipher Mpungu with a one Councillor Tumusime Maureen.
PHOTO: Mayor Uhuru and Councilor Maureen Tumusiime
He re-appointed Brenda Mbabazi Mugurusi on his executive, councilor ‘Kats’ Katimbo Michael as the Executive Secretary for education and Simon Peter Olengejje.
SO CLOSE: Uhuru pictured with one of sexy councilors
NUP Councilor Hasifa Namboozo who represents Bukesa Parish moved the Motion to approve the Mayor’s appointments
They were sworn in by a magistrate Grade 1 Her Worship Rehema Nassozi.
‘UHURU HAS NO POWERS TO DISAPPOINT HIS DEPUTY MPUNGU’, SAY LAWYERS
Lawyers who first appreciated ED Kisaka’s efforts towards the good governance of the Authority and maintenance of rule of
law in their petition, introduced themselves as, ‘Representatives of Her Worship Hanipher Mpungu the legitimate Deputy Mayor of Kampala Central Division.’
Lawyers say, it is from the above purported reshuffle of their client that they contend that the same was in utter abuse of the Mayor’s powers as he does not have the authority to remove a deputy mayor from office.
“The process of removal of a deputy Mayor is well elaborated in the KCCA Act as Amended and the same does not give powers to the Mayor.” Revealed Mpungu’s lawyers.
PHOTO: When Uhuru appointed Hanipher Mpungu (left) his Deputy. Next to her is Maureen Tumusiime
“We therefore write to you as the Executive Director of KCCA, whose functions as per the KCCA Act Section 19 (a)(d)(e)(g) and (h) among others include; to advise the Authority on technical, administrative and legal matters pertaining to the management of the Authority; and (h) implement lawful decisions taken by the Authority, to veto the unlawful division that was purportedly made by the Mayor of Central Division so that it’s not implemented as its contrary to Section 28 of the same Act of KCCA.” Reads Petition to City ED Kisaka.
Lawyers further asserted that, the said KCCA ACT 2010 as Amended pegged the tenure of the Deputy Mayor under Section 76 (1) to five years.
Requesting ED Kisaka to exercise the said powers within seven days, so that their client may not exercise other options within the law which may not be limited to seeking remedies from Courts of law, to deter the irrepressible and uncontainable mayor as his actions are illegal and have no legal backing.
PHOTO: Maureen Tumusiime given Hot air
This petition was copied to Minister for Kampala, Lord Mayor, Director Legal KCCA, Director Administration and Human Resource, Deputy Director Political Governance, RCC KCCA, Mayor of Kampala Central Division Urban Council, Town Clerk,
Speaker of Central Division Urban Council, Deputy RCC Central Division, Diso Central Division and to their Client.
WHAT THE LAW SAYS ON THE REMOVAL OF MAYOR OR DEPUTY MAYOR
Article 28 of the KCCA ACT 2010 as Amended talks about the Mayor and Deputy Mayor.
28 (2) reads; The Deputy Mayor shall be appointed from among the division councillors with the approval of the division Urban Council.
28(3) says; The office of the Mayor or Deputy Mayor of the division urban council shall fall vacant if the holder resigns from office, or accepts appointment to a public office or dies.
28 (5) The Mayor or Deputy Mayor may be removed from office by two thirds majority of the urban council.
28 (6) A returning officer appointed by the Electoral Commission shall preside at a meeting of the division urban council to remove a Mayor or Deputy Mayor of the urban council.
28 (7) Subsections (1) to (20) of Section 12 shall apply to the removal of the Mayor and Deputy Mayor of a Division Urban Council
WHAT DOES SECTION 12 SAY
Article 12 talks about the Vacation of office of Lord Mayor or Deputy Lord Mayor.
Here are the grounds;
(a) abuse of office
(c) Misconduct or Misbehaviour
(d) Physical or Mental Incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor
(2) Notwithstanding subsection (1), the seat of the Lord Mayor or Deputy Lord Mayor shall fall vacant if;
(a) The holder resigns in writing addressed to the Minister;
(b) the holder commits breach of the Leadership Code of Conduct and the punishment imposed includes the Vacation of office;
(c) the holder accepts appointment to the public office; (d) the holder is sentenced to death or imprisonment exceeding to six month without option of a fine;
(e) the holder is convicted of an offence involving dishonesty or moral turpitude; or;
(f) circumstances arise which disqualifies the holder from occupying the office under any other Law
No where does the law empower the Mayor removing his deputy.
INTERPRETATION OF THE LAW IN SIMPLICITY
The removal of the Mayor or Deputy Mayor is similar to the removal of the Lord Mayor or Deputy Lord Mayor according to KCCA Act 2010 as Amended.
The process to remove a deputy mayor, for example starts with a petition to the Executive Director and if it carries substance, within 90 days, she writes to Kampala Minister who is also given 90 days to put up a tribunal headed by a magistrate to hear the petition.
The accused is given fair hearing and if he or she loses a petition, unless there is an appeal, Kampala Minister convenes a Council sitting where two thirds of councilors is required to impeach the Deputy mayor.
Unless this process is followed, a deputy mayor can not be removed. Just like Mayor Mberaze in Lubaga, Mayor Uhuru in Kampala Central Division did not follow this procedure making his disappointment of Hajjat Hanipher Mpuga null and void.
In Part II of this story, we will bring a detailed story about Uhuru’ war with KCCA ED and why Mpuungu’s purpoted reshuffle was a punishment for her loyalty to Ms. Dorothy Kisaka. For views/comments on this story, email editor on email@example.com