An eye witness account of the KCCA Meeting that impeached Lord Mayor Lukwago Written by Siraje Lubwama of The Observer Blow-by-blow account In a record 20 minutes, the special KCCA meeting chaired by the minister for Kampala, Frank Tumwebaze, impeached Lord Mayor Erias Lukwago, on Monday. Within another 10 minutes, the minutes of the meeting had been typed and signed by the minister and two councillors. Siraje Lubwama covered the events as they unfolded in the council chambers. Below is his abridged report. Tumwebaze arrives at 8:55am after all councillors, save Bumaali Mpindi, have taken their seats. Sergeant at arms: Honourable members, the minister is entering. (Uganda and Buganda anthems are sung, then a prayer). Tumwebaze: Your Worship, the lord mayor, in absentia or his legal representative, the executive director and all the management staff around, the honourable lord councillors of KCCA and all of you invited guests. I take the opportunity this morning to welcome you all to this special meeting of the authority. As you may all know, I received a report from the tribunal, which I had set up months back to investigate the allegations against the lord mayor of KCCA on Thursday, November 14, 2013. Accordingly, I’m compelled by section 12(17) of the KCC Act 2010 to convene a meeting of the authority within 14 days after receipt of the said report. Today’s meeting, therefore, is in fulfillment of that legal requirement. The report of the tribunal was received in the open, just like its proceedings had been. I forwarded copies of the same report to the lord mayor and all of you honourable councillors under cover letter dated November 14, 2013, and the same was duly received by the lord mayor and his duly-appointed advocates on November 14, 2013. While the law gives me 14 days to convene a meeting like this one and also given the fact that I was at liberty to convene this meeting at any date and working day of my choice, including doing so immediately after the day of receipt of the tribunal report, I did not do so for justifiable reasons. I gave all of you councillors and the lord mayor a period of one week to read this quite voluminous report but of course conscious at the same time of the 14 days’ time line set by the law. I also announced that this meeting would be called in the second week. This is what exactly happened. I issued a notice date November 21, 2013 inviting the lord mayor and councillors for this meeting, pursuant to section 12 (17) of the KCCA Act 2010. It was, therefore, unfair to read and hear news commentaries from some sections insinuating that this meeting has been fast-tracked to defeat some agendas of some people, moreover unknown to me. If indeed I had intended to fast-track the meeting, I would have convened it a day or two after receipt of the tribunal report. Still that would have been within the 14 days. I wish therefore to advise all of you to respect this otherwise legal process and avoid unnecessary and irresponsible politicking. Honourable members, allow me to address you on the genesis of the petition, setting up of the tribunal and the release of the report including a summary of its findings and conclusion. I am also obliged to do this by law. History On May 17, 3013, a petition was presented to my office by the councillors of KCCA, seeking the removal of the lord mayor on grounds of misconduct, abuse of office and incompetence. Pursuant to section 12(5) of the KCC Act, I evaluated the petition in consultation with the Attorney General through letters dated 20th and 22nd May 2013 and satisfied myself that there do exist grounds for constituting a tribunal to investigate the allegations. By a letter dated May 31, 2013, I consulted the Chief Justice on the suitability of the persons proposed to constitute the tribunal. On June 4, 2013, the Chief Justice gave a no-objection to the constitution of the tribunal and the proposed members to sit on it. All this was in fulfillment of the requirements for the process of the removal of the lord mayor or deputy lord mayor under section 12 of the KCC Act. On June 5, 2013, the tribunal was constituted with the terms of reference which were: to establish its procedure, rules for its own guidance and management of the proceedings; to investigate the allegations against the lord mayor as contained in the petition; to determine whether there is a prima facie case for the removal of the lord mayor and to submit a report to the minister responsible for Kampala. On the request of the tribunal and for various justifiable reasons, including disruption of tribunal proceedings, court cases instituted against the tribunal, volume of evidence and the need to ensure that all the evidence required was made available to the tribunal, I was compelled to extend the time within which the tribunal was to complete its work. It is important to emphasize that my decision to appoint the tribunal, as well as its legality, were all challenged unsuccessfully in the High court by the lord mayor. In most if not all judgments, court agreed with my decision and concluded that it was within the law. All these legal contests, honourable members, though tedious and time-consuming, helped to put our actions as well as the integrity of the entire work of the tribunal to full scrutiny and eventually I was vindicated. I would like to thank Justice [Catherine] Bamugemereire and her team for leading the tribunal in a highly-professional manner and for having managed to steer clear of all deliberately-orchestrated provocations that were aimed at derailing the process. Tribunal findings A summary of the findings is that there were 12 particulars which were pleaded in the petition of the councillors and the lord mayor was exonerated with regard to four particulars and found culpable on eight particulars and these were: 1. The lord mayor engaged in inciting the public in acts of violence, resulting in the destruction of property; engaging in acts which caused destruction of property, merchandise and death – the activity of Okugogola Kampala. See page 89 of the report. 2. The tribunal could not attribute the failure to convene ordinary authority meetings solely to incompetence of the lord mayor, although he indeed exhibited a measure of incompetence. It concluded that a prima facie case had not been made out against the lord mayor for his failure to convene a meeting. See pages 125-126. 3. The lord mayor was exonerated on the account of carrying out persistent attacks on the technical staff and using abusive language. It was the conclusion of the tribunal that this allegation had not been proven. See page 180. In fact, the tribunal held thus: “The evidence was weak and open to many interpretations.” 4. That the petitioners failed to prove that the lord mayor disrupted court proceedings and aided the escape of prisoners. See page 181. Allow me also to brief you about the particulars under which the lord mayor was found culpable. Abuse of office 1. The tribunal found that when the lord mayor chose to fight the assessment and payment of trading licences within Kampala City, he did so arbitrarily and in abuse of his office. Page 79. 2. Appointment and removal, recall of councillors in Makerere [University] and Mulago Nursing School. The tribunal found that when the lord mayor singularly appointed and removed councillors from universities and tertiary institutions, he did so arbitrarily, to the prejudice of KCCA and in abuse of his office. Pages 96-97. 3. Failure to hold special meetings when petitioned by councillors. The tribunal found that a prima facie case had been made out that when the lord mayor, on all material occasions, refused to convene the petitioned meetings, who changed the agenda items unilaterally, or without assigning reasons, or upon frivolous or vexatious reasons. As the evidence on record shows, he did so arbitrarily, to the prejudice of KCCA and therefore in abuse of office. Pages 111-112. Incompetence 4. Failure to sign minutes: the tribunal found that the lord mayor was incompetent when he failed to sign authority minutes with the result that there is no binding record of the authority. Pages 146-147. 5. Failure to recognize the importance of standing committees. 6. Failure to have the mandate of standing committees renewed. The tribunal found that a prima facie case had been made out that the respondent [Lukwago] failed to accord importance to the functions of standing committees and to cause them to be reconstituted after they expired. There is no plausible explanation for this failure other than incompetence on his part. Page 171. Misconduct or misbehaviour 7. Misuse of authority information. The tribunal found that while the contents of the management letter could have raised concerns to the lord mayor, he ought to have addressed this matter through the proper channels. It was irresponsible of the person of the lord mayor to disseminate the contents of the management letter beyond the confines of the authority. In his defence, the lord mayor admitted that he knew he was disseminating information from a management letter. Page 184. 8. Failure to heed to technical advice; the tribunal found that it was clear that the respondent is answerable to the minister for Kampala. The respondent himself admitted to this as did PW5 Sulaiman Kidandala. It is, therefore, not clear why ministerial directives to the lord mayor, such as exhibit P5, were ignored. While the advice of the technical staff is not necessarily binding on the lord mayor, he had a duty to implement ministerial directives. The tribunal finds that a prima facie case was made out that the lord mayor failed and/or refused to implement ministerial directives. This was misconduct on the part of the lord mayor. Page 191. Conclusion In conclusion, the tribunal stated that it had distilled all the evidence presented before it and distinguished the matters that had been proven from those that had not. Matters that were not proven have been clearly pointed out and the Respondent duly exonerated thereof. Similarly allegations that were proved were also identified and evaluated against a high standard of proof. Having carefully listened to the arguments from both sides and considered all evidence presented in respect of the grounds of the petition raised by the councillors, the tribunal established that there exists a prima facie case, for the removal of the lord mayor from office. I would like to inform you honourable councillors that under the Kampala Capital City Act 2010, you may decide to move a motion for a resolution to remove the lord mayor from office and that this will have to be supported by a vote of two thirds majority for it to pass. I would also like to inform you that the lord mayor or his advocate or expert of his choice shall be allowed to be heard in his defence to the motion moved by any of the authority councillors. Thank you very much, for God and my country. Councillor Aidah Nakuya: (raises a point of procedure) Honourable Minister sir in the chair, section 6 of KCC Act stipulates that the authority is constituted by the lord mayor, the deputy lord mayor and all councillors. This authority is not fully constituted because we have no deputy lord mayor in place (she is booed by members of the public in the gallery who had been screened to attend). Secondly, Mr Minister, the report is so big that we need a lot of time to read and internalize it. Councillor Apollo Mugume: (On a point of order). My colleague is misleading this august house that the authority is not fully constituted when the four councillors representing professional bodies were elected last week. Tumwebaze: Let us first deal with that issue first. We are fully advised that this authority is fully legally constituted (ululations from the gallery). Councillor Baker Sserwamba Musiige: I represent Makindye II. I’m one of the petitioners. I hereby move a petition for the removal of the lord mayor in the name of Erias Lukwago Ssalongo. Councillor Allan Ssewanyana: (On the point of order). Mr Minister sir, is councillor Sserwamba in order to move a motion for the removal of the lord mayor when we have not deliberated for or against his removal as per the item on the agenda? Secondly, I have a copy here with me from the High court issued this morning, ordering a temporary court injunction against the removal of the lord mayor until the main suit for the review in the same court is disposed of. (Ssewanyana takes the copy of the injunction to where the minster is seated, who dismisses it as a forgery as it lacks a court stamp. A vote to take a decision is taken and those in favour are 24 and those against four). Councillor Hawa Ndege: I represent Lubaga North and one of the petitioners. I do hereby stand to second the motion for the removal of Erias Lukwago from the position of the lord mayor. Ssewanyana: (Stands up again on a point of order and is denied audience.) Tumwebaze: The person you intend to give the [point of] order is already off the floor. Your intentions are to disrupt this meeting. (Ssewanyana refuses to return to his seat). Can you resume your seat? Can this honourable councillor be helped to resume his seat? A motion has been moved and seconded. Councillor Joyce Achan Andoga: I also support the motion for the removal of Erias Lukwago. Councillor Sulaiman Kidandala: (Rises on a point of order which is denied). Tumwebaze: Councillor Kidandala, I will give you chance at an opportune moment. (Both Ssewanyana and Kidandala remain standing, arguing with the minister. Later, Ssewanyana jumps onto the table opposite the minister and continues to urge the minister to stop what he calls an illegal process). Tumwebaze: I’m made aware that some members were tasked to disrupt the meeting. I’m now ordering the sergeant at arms to either make these two (Ssewanyana and Kidandala) resume their seats. (Kidandala takes his seat but Ssewanyana refuses to sit down). Ssewanyana: There is no order here! (As a security officer approaches him, Ssewanyana pounces and a fist fight ensues. Other security officers join in before Ssewanyana is dragged out of the chambers as Tumwebaze calls for order in the house). Councillor Kassim Kyazze: I represent the male youth and I have read the petition. The lord mayor is supposed to be here and defend himself or his legal representative. His refusal not to appear indicates that he is not interested in this process. I therefore move a motion for the removal of the lord mayor. Kidandala: (Stands up again to re-affirm that the minister is ignoring a court order. Councillors led by Zahara Maara Ssekibaala threaten to pounce on him if he refuses to take his seat). Tumwebaze: As far as I’m concerned, there is no court order here. The document being flagged to me has no court stamp. Kidandala: The document you’re ignoring has a court seal on it. Councillor Bruhan Byaruhanga Mugisha: I represent Kyambogo institutions and one of the petitioners. I stand to second the removal of the lord mayor from office. Angella Kigonya: I represent Lubaga South. I second a motion for the removal of the lord mayor to be put to a vote. Tumwebaze: Okay Kidandala, say whatever you want to say. Kidandala: I move to make my point very clear. This is a process that started way back. In today’s meeting, the lord mayor is unable to be here but is admitted at Mukwaya General Hospital in a very critical condition because he was beaten at Naggalama police station where he was detained last week. Alternatively, the lord mayor is supposed to be legally represented but I am told that one of his lawyers Abdullah Kiwanuka who was to serve you with a court injunction has not only been denied entry at the KCCA gate but beaten as well. According to the way things are moving, there is no sign of natural justice at all. The motion is moved without the lord mayor being listened to. Can we establish whether lord mayor is being represented? Tumwebaze: Councillor Kidandala, are you one of the lord mayor’s representatives? Kidandala: No sir. Tumwebaze: Then resume your seat. May I call anybody who is representing the lord mayor to come forward? Kidandala: It is not fair to ask such a question when you first allowed a judgment against the lord mayor to be issued by honourable councillors and after you have been presented with the court order which you chose to ignore. Tumwebaze: Before I have been presented with a genuine interim order I’m still in order and this process is lawful. If I confirm there is a court order in place, I will comply with it. Don’t mislead this country by any stretch of imagination. The so-called court order you have has no authentic stamp. Councillor Godfrey Asiimwe: [According to] section 18 and 19 of KCC Act, the lord mayor or the deputy lord mayor is entitled to appear in person or his representative. I want to move a motion that for purposes of transparency, we vote for his removal or retention by show of hands. Tumwebaze: May I again know whether there is any delegated representative of the lord mayor here who is ready to speak for him? (No response). This shows the lord mayor chose not to be party to this meeting. So, let those in favour of the removal of the lord mayor raise up your hands. (Clerk to council Lauben Kamoga counts 29 votes). Now those in favour of the lord mayor’s stay … (Kamoga again counts only three votes of Kidandala, Nakuya and Shifra Lukwago. Another supporter, councillor Joseph Mujuzi, did not vote as he was receiving first aid treatment in the chambers after collapsing. No one abstained). Tumwebaze: Allow me to announce that the motion to remove Mr Erias Lukwago from the position of lord mayor hereby passes (ululations from the gallery and the majority of councillors). Next is signing of the minutes. I only preside over such meetings once in a blue moon; that is why I want them typed and we confirm them. Councillor Bernard Luyiga: Mr Minister sir, having seen the misbehaviour in the house yourself by some of the unruly councillors, I request that you direct an action to be taken [against] them such that this misconduct stops. Tumwebaze: It would be better [for] you councillors to adopt your rules of procedure to gain the rule of civility. Asiimwe: (After typed record is read to the house by Kamoga) I move a motion that this has been the true record. Sserwamba: I second the motion. Tumwebaze: The lord mayor has 21 days to decide whether he can appeal today’s legal decision. I appeal to you to remain calm and to respect the contrary views from your fellow councillors. I will appropriately continue to guide you. Meeting closed. (Councillors bust in jubilation with song: “Twamugamba nga anyooma, omusajja yeyisa nga bwalaba…)” Time check 9: 30am. [email protected]
Posted on: Wed, 27 Nov 2013 07:09:23 +0000
Trending Topics
Recently Viewed Topics
© 2015