KCCA people difficult to manage- Lukwago With testimonies on - TopicsExpress



          

KCCA people difficult to manage- Lukwago With testimonies on Friday and Tuesday, Kampala Lord Mayor Erias Lukwago ended a tough grilling before Justice Catherine Bamugemereire’s tribunal, investigating him for abuse of office, incompetence, misconduct and misbehaviour. In a parting shot he said, KCCA people are a difficult lot to manage. He was cross-examined by the petitioners’ lawyers led by Kiwanuka Kiryowa. Other commissioners included; Alfred Oryem and Ocaya Lakidi. Siraje Lubwama and Derrick Kiyonga recorded the proceedings that started at 11am, August 2. Excerpts: Kiryowa: You’re accused of preferring special authority meetings to ordinary meetings and in the meeting of 19th October 2011, you complained about a 14-day working notice requirement. Lukwago: I did complain … it was excessive. Kiryowa: You testified that the councilors instituted the issue of calling special meetings. Lukwago: Correct. Kiryowa: You testified that this was after an informal meeting convened at your institution that you called a special meeting. Lukwago: Councilors requested and I had no objection. Kiryowa: So you are part of the initiators of the special meeting. Lukwago: I needed to agree with the way I was going to manage the transition. Kiryowa: I’m putting it to you that calling a special meeting was suggested by you. Where in the minutes [does it suggest] that councilors initiated the meeting? Lukwago: Well, probably the clerk did not capture it in the minutes. Kiryowa: So, it is not true that you moved before anybody called for the meeting. Lukwago: That was a request by councilors. Kiryowa: According to the law you’re familiar with; does it allow a special meeting to be called in this manner? Lukwago: The meeting took a decision on a motion by Councilor Bumaali Mpindi. Kiryowa: KCCA Act specifies that special meetings shall be called by a written petition by a third of the councilors. Oryem: What does the law say about the method of calling special meetings? Lukwago: It can be initiated by the lord mayor or a request by councilors. Kiryowa: When you accepted this request from councilors, were you in possession of any petition? Lukwago: There was no petition. Kiryowa: Having known the law, am I right to say you’re incompetent? Lukwago: That is frivolous. Kiryowa: This business of special meetings, you all conspired in the act. Lukwago: Setting the ball rolling was done by councilors Kiryowa: You have been conservative with the truth. Katuntu: That matter was struck off by High Court. Kiryowa: What the court said is that the lord mayor cannot be removed because of not calling two consecutive meetings, but failing to call a meeting is part of his incompetence. Oryem: (to Katuntu) you told the executive director that failing to do what you’re supposed to do is incompetence. Katuntu: Incompetence is a ground of itself and not failing to convene meetings. Bamugemereire: You will allow us to rule on that issue. When honourable Justice Vincent Zehurikize ruled and struck out a ground of failing to convene two consecutive ordinary meetings, he was ruling on the Attorney General’s opinion and he did not say evidence cannot be led regarding meetings in the ground of incompetence. Yesterday, the lord mayor led us through a lot of meetings to the extent that by midday, I was worried that we may not finish because he had only tackled five of them but due to the able skills of his lead counsel, we completed. As you recall, we had wanted an equestrian trial with concession and you opted for cross-examination and here the sky is the limit because you can cross-examine on anything. Katuntu: Much obliged. Oryem: Let’s get the answer asked that you failed to follow the law. Lukwago: I called the meeting and it was frustrated by the executive director who had also hijacked the standing committees. I issued another notice for a meeting scheduled for 18th January 2012. Kiryowa: When did you manage to convene? Lukwago: I called an authority meeting and there was no quorum because the executive director had given Councilors an advisory opinion that that meeting was illegal. Kiryowa: Interesting, you called a meeting without people? I’m putting it to you that you called a meeting on 13th June 2012. Not every notice of the meeting you issued … the meeting happened. Lukwago: That is your assumption. Kiryowa: The executive director advised you to issue one notice at a time. Lukwago: True, and in the first meeting… is when councilor Bernard Luyiga came in with a person armed with a pistol. Kiryowa: How did the executive director frustrate the meeting of 18th January 2012? Lukwago: She mobilized councilors not to attend and most of them were holding her letter of advice dated 16th January 2012. Kiryowa: Are they the type of persons who can take things from the street? Lukwago: These were elected councilors, not people from the street. Kiryowa: We will now turn to the issue of standing committees. Your position is that the directorates are answerable to the standing committees? Lukwago: That is still my position. Kiryowa: Section 16(4) of the KCCA Act requires the creation of standing committees? Lukwago: Yes. Kiryowa: You not being a councilor, you don’t sit on any of the standing committees? Lukwago: Correct. Kiryowa: In your view as a lawyer of 15 years standing, can the authority legally operate without standing committees? Lukwago: There are some things the authority can handle without standing committees. Kiryowa: This question is for you as lord mayor not as a lawyer. Can the authority operate without the existence of standing committees? Lukwago: It can’t operate properly minus these key organs but it can run. Kiryowa: According to the KCCA Act that governs you the nerve centre, who is mandated to oversee directorates? Lukwago: Standing committees. Kiryowa: Has the lord mayor had the monopoly to initiate policy? Lukwago: I have no monopoly but my office is the nerve centre as per section 11(1)(e). Kiryowa: Look at section 16(3)(g), where does the budget come from and get to you? Lukwago: Executive director is supposed to liaise with my office and then it goes to the committee. Kiryowa: Did you have the budget for the year 2012/13? Lukwago: We had the conferencing. Kiryowa: The executive director presents the budget to the authority. Lukwago: The duty of causing the budget to be prepared and laid by the authority for approval rests with the lord mayor but actual presentation of the budget is done by the executive director. Kiryowa: You’re a lawyer of 15 years standing, practically how do you cause the budget to be prepared? Lukwago: I organize the budget conference and budget reading and thereafter it goes to the committee for breakdown. It is not mechanical, the budget is our property. Kiryowa: Does the authority you head has the mandate to carry out any of the specific functions set out in section 16(3)? Lukwago: The authority is the supreme policy organ administered by the central government. I can’t do the work of the committee. Kiryowa: Can a councilor present an ordinance to the authority for consideration? Lukwago: Yes, a private member’s bill can be presented to the authority. Kiryowa: After the standing committees’ mandate expired, when was the business committee convened? Lukwago: On 12th June 2012 about 12 days to the expiry of standing committees. Kiryowa: You did not find it necessary to put them on the order paper for renewal? Lukwago: Their time was still on; I adjourned the meeting to 22nd June 2012 and we agreed that the rest of the matters were to be handled after the budget. We again adjourned the meeting to 25th June 2012 to specifically deal with the budget but it never took off. Kiryowa: On the meeting of 13th June, 2012, the election of standing committees was not on the agenda? Lukwago: They were still valid; the agenda comes from business committee. Oryem: What is the reason they were not put on the agenda? Lukwago: The issue did not arise. Kiryowa: I put it to you that you’re incompetent in as far as seeing all important committees put on the agenda before the expiry of their term. Lukwago: If the minister for Kampala failed for two years to put up important committees is not incompetent, how can I be incompetent when I put up the committees in a period of one month after assuming office? I’m not incompetent… Kiryowa: The truth shall set you free. Lukwago: I profess truth and justice (laughter). After a memo of 30th October 2012 requesting me to have standing committees in place, I issued a notice. Kiryowa: Do you have standing committees as of now? Lukwago: No, I called for the meeting to handle the issue and councilors boycotted it. Kiryowa: Boycotting your meeting is also a sign of incompetence. Katuntu: That is an unfair question. If I call a meeting and others don’t come, is it my incompetence? Kiryowa: Does the authority administer the city on behalf of the city? Lukwago: Yes, it is correct. Kiryowa: In your reply to the minister you told him you’re not an RDC. Despite the fact that you’re elected by many people, you’re still answerable to the minister. You resolved at one point on 28th September 2012 that you refer the executive director to the appointing authority. Did you write? Lukwago: We did not write because there was heavy deployment and that day I was arrested. Kiryowa: Don’t talk about being arrested because we may spend a day on that issue as you have been arrested many times. Bamugemereire: We need to break for lunch and come back after an hour. Kiryowa: (after lunch break) why did the councilors not attend the meeting you called on the minister’s instructions? Lukwago: The executive director advised them that I had not given sufficient notice. Kiryowa: Is the Solicitor General’s advice binding to the authority? Lukwago: It is advisory. Kiryowa: If you don’t answer the question and you set your own that is a challenge. Did you before 29th December 2012 know about rebranding? Lukwago: I knew about it but we had not exhaustively discussed it in the authority meeting. Kiryowa: So, the authority members had another matter the day you called this meeting? Lukwago: They were around because the meeting was for 10am and the re-branding exercise was meant for the evening. Kiryowa: When standing committees are not working, the business committee can’t also work? Lukwago: Yes. Kiryowa: Why did you communicate, stopping urban division councils from assessing taxes? Lukwago: Because parliament was reviewing the issue. Kiryowa: Under what provision of the law can parliament stop the authority performing business? Lukwago: We’re answerable to parliament which is part of central government. Kiryowa: If to date parliament has not released the report? Lukwago: I called several meetings after a directive from the minister. Kiryowa: I’m putting it to you that you’re incompetent in as far as failing your duties. Lukwago: That is a frivolous and fictitious allegation. Oryem: Lord Mayor, the inquiry is for public good. Is it possible for you to water down these words? What do you mean by frivolous and fictitious? Lukwago: That the allegations are hollow, unfounded, malicious and wanting in material particulars. Kiryowa: About signing of minutes; do you have any minute extract duly signed. Lukwago: No. Kiryowa: You had resolved to sign minutes for eight meetings? Lukwago: Yes. Kiryowa: Is this in accordance with the law? Lukwago: These minutes were not submitted to the authority on 13th June 2012. The executive director submitted minutes late. I deal with minutes as they’re submitted. Kiryowa: If I told you to convene a meeting now, would you convene one? Lukwago: That is hypothetical. Kiryowa: I put it to you that owing to your incompetence you bogged down the business by not signing minutes. Lukwago: No, if I had powers to write the minutes, but the law did not give me these powers. I deal with what is presented to the authority. Kiryowa: You don’t do many things. Is it in [your] mandate to take minutes to your office for signing? Lukwago: There was a resolution of authority on 19th September. The law required that the minutes to be signed by authority but councilors decided to delegate two councilors Zahara Luyirika and Godfrey Asiimwe. Kiryowa: You actually presided over a multitude of illegalities? Lukwago: Clerk to authority confirmed that minutes were kept by executive director. Kiryowa: Have you ever signed any minute extract? Lukwago: Yes, in June to discuss the budget on 25th June but that meeting was cancelled. Kiryowa: In your view the minutes requiring the issue of money must be signed urgently? The same urgency could have been exercised on other matters. Lukwago: I wish the minutes were submitted to me. Oryem: There was a resolution that minutes adopted should be sent to your office for signing? Lukwago: Yes but that was not done. Kiryowa: Have you seen a letter from public service dated 17th June 2012 appointing a Metropolitan Physical Planning Authority that you have been complaining of? Lukwago: I can confirm this letter is a concoction. Kiryowa: Are there dangers in not signing minutes? Lukwago: Yes, we must have a record. Kiryowa: Because of this the authority lost a case on taxi fares? Lukwago: No, in that case, the judge never talked about minutes. Kiryowa: Do you have any evidence that you convened meetings? Lukwago: I’m here giving evidence and I submitted evidence on notices; I executed my duty of calling meetings. Bamugemereire: Restrict yourself to the question. Kiryowa: Is issuing notices the same as convening meetings? Lukwago: We have records of the authority. Kiryowa: And that is all that the lord mayor has to say about signing minutes. Okay, what was wrong with divisions assessing taxes? Lukwago: Parliament had stayed the implementation of the exercise to iron out some issues and review the taxes. I wrote saying it would be irregular if tax was assessed before a parliamentary resolution. Oryem: Beyond the Parliament Act, who determines whether the tax is lawful or not? Lukwago: In this particular case, there was a review of structure of 1969 and parliament said implementation of the same be stayed. Kiryowa: Was that law applicable by the time you wrote the letter? Lukwago: This was the one contested and the minister for Trade in July went to Parliament and made an undertaking to review the trading license taxes. Kiryowa: you’re charged with the duty of collecting tax, and you stop the same? Lukwago: I said it would be irregular when Parliament was still reviewing the tax law; I was very careful with my words. Minister Amelia Kyambadde has also stopped the tax at Nakivubo Stadium. Kiryowa: Can the law be revoked from Nakivubo stadium by a minister? Oryem: What was your intention of writing the letter to divisions? Lukwago: My intention was to get in touch with the minister and finalize the review process by first of all stopping the assessment process. Kiryowa: And that is the lord mayor. Let us go to failure to heed the directive of the minister. Lukwago: I have never been accused of that. Katuntu: That accusation is not there unless there is another petition. The particular accusation refers to the executive director and has nothing to do with the minister. Why would my learned friend prefer such unprofessional question because that is not complained of by the councilors? Why the bad faith of ambushing the witness? Kiryowa: I strongly take exception. If there is anybody who has been acting unprofessional it is you. Bamugemereire: Who is you? Kiryowa: My colleague and I have not challenged his professionalism. The petition is about abuse of office, incompetence and misconduct and misbehavior. This is not reason which stops petitioners from bringing evidence to this ground. We’re talking about his affairs of authority. In evidence in chief, he testified that the minister had in fact frustrated him in conduct of his duties. All we’re asking is whether it is true the minister frustrated him? Katuntu: Sorry if we lost guts but my lord, there is a petition which clearly spells out the grounds. The respondent replied to these grounds. Petitioners gave the evidence and closed their case. Now my learned colleague is sort of opening up his case by trying to smuggle in other evidence and this is partly a new ground which is coming up in the air – it is not pleaded. Kiryowa: The evidence refers solely to standing committees. Oryem: I would persuade you to sort of build your questions through standing committees. Kiryowa: Lord Mayor, you manage the city on behalf of government? Lukwago: Yes. Kiryowa: The minster directed you to convene a meeting on 4th April, 2013? Lukwago: Yes, to constitute standing committees. Kiryowa: Did you do that? Lukwago: I called a meeting for 24th April, 2013. Kiryowa: Did you constitute the standing committees? Lukwago: The executive director gave an opinion that we could not constitute standing committees in a special authority meeting and she was not in the meeting. We agreed to engage the minister on the issue. Because of this stalemate, councilors said I should write to him. Kiryowa: Did you finally call the meeting? Lukwago: I did not have a business committee to set the agenda. I called the meeting on 24th April 2013. Bamugemereire: Could it be possible to call a meeting without a business committee? Lukwago: Rule 15(1) of the rules of procedure says order of business shall be determined by the business committee. Kiryowa: Are you familiar with the Metropolitan Planning Act? Lukwago: Yes, the one of 2010. I was in the house when it was being enacted. Oryem: Not everybody in that house is familiar with all laws enacted. Lukwago: I’m sorry my lord. Kiryowa: KCCA act came into force on 1st March 2010? Lukwago: True. Kiryowa: Were you in office when the World Bank KIIDP programme you talked about was being commissioned? Lukwago: I don’t have a specific date but the year was 2010. Kiryowa: I’m putting it you that this project commenced as far back in 2008. Lukwago: We found the programme running. Kiryowa: So this wonderful KIIDP project is not yours? Lukwago: I believe in shared vision. Kiryowa: Are you now aware that the Metropolitan Physical plan is already approved by central government? Lukwago: Approving it behind my back amounts to usurping my powers; the said public service boardroom meeting would be illegal and I’m not aware of it. Kiryowa: It was approved by the National Planning Board. Lukwago: Now the KCCA Act is redundant. It was approved without my knowledge. Kiryowa: Have you ever called an authority meeting to handle the Metropolitan Physical Planning Authority issue? Lukwago: Yes, on 1st January 2012 but it was frustrated. Kiryowa: Is the Metropolitan Physical Planning Committee in the authority? Lukwago: It is not there. Kiryowa: Did you get this item on the agenda? Lukwago: Yes on 29th November 2011 and the executive director boycotted this meeting. Kiryowa: I put it to you that you are incompetent because you failed to convene meetings? Lukwago: The record will bare me. I have been calling meetings and the councilors have chosen to boycott them. I cannot go and drag them from wherever they are to the Authority hall. Justice Bamugemereire adjourns proceedings to Tuesday ......................................................................................................................................... Re-examination on August 6, 2013 Katuntu: during the cross-examination there is an issue that arose out of the Authority giving you powers to sign minutes in your office in the presence of two councilors. Is there any councilor who objected to this illegality? Lukwago: It was a unanimous decision. All councilors supported it. Katuntu: Does KCCA have a statutory legal advisor? Lukwago: Yes. The Executive Director Jennifer Ssemakula Musisi is the statutory legal adviser of KCCA. Katuntu: Did she attend the meeting that passed that resolution? Lukwago: The meeting of 19 October 2011. No she didn’t. She sent George Agaba by then the Director of Physical planning. Katuntu: Did she [Musisi] advise that signing of the minutes in your office was illegal? Lukwago: No. She didn’t. Katuntu: According to the law who keeps the minutes of the Authority? Lukwago: Under the fourth schedule rule 34 the ED [executive director] is charged with the duty to keep recorded minutes then she submits them to the Authority? Katuntu: According to the councilors you are incompetent because the meetings you called were never attended? Lukwago: My statutory duty is to convene meetings. So I issue notices notifying councilors of the meeting, which I have ably done. It is not my duty to compel councilors or any member to the meeting. Katuntu: What is your view of the ED’s letter that your performance has to be appraised by technical people on certain verifiable outputs? Lukwago: I find that statement to be below the belt. I’m not a civil servant to be judged on the so called verifiable outputs. Katuntu: Do you find it strange? Lukwago: It is an insult to my office. That the technical people who are supposed to be under us are seeking verifiable outputs from us the political leaders. Katuntu: Who gauges your performances? Lukwago: The people who elected me are the ones who can carry out an appraisal of my work. This animal called verifiable outputs I have never appreciated what it entails. Katuntu: your last word Lukwago: This tribunal should appreciate that I have been managing a transition since 2011. We have a situation with a huge turnover of staff. People are not sure of their jobs. They are not sure whether they are employed under KCCA or KCC. Councilors are being swayed by the Executive Director not to attend meetings. My lord with all due respect if I were to give you just one day to manage these people you would find out how difficult they are (laughter). But under the circumstances I have done my best. The hearing was adjourned to next Monday to enable Lukwago’s witnesses make statements. These witnesses include Division Mayors Joyce Ssebugwawo (Lubaga), Godffrey Nyakaana Amooti (Central) and Ian Clarke (Makindye).
Posted on: Wed, 07 Aug 2013 14:36:55 +0000

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