Kerry Howard Mwesigwa.
Kampala, Uganda – In a move aimed at promoting transparency and efficiency in legal matters concerning local government bodies, the Attorney General’s Office has issued comprehensive guidance to Chief Administrative Officers and Town Clerks across the nation. The directive outlines the procedures and requirements for local governments when seeking legal services from private law firms.
The advisory comes in response to concerns that some local governments may not be fully aware of the correct procedures, or they choose not to adhere to the provided guidelines. The Attorney General’s Office hopes to clarify the permissible scope of services, streamline procedures, and enhance compliance with the law while facilitating efficient legal representation for local authorities.
One of the key points emphasized in the guidance is the Attorney General’s exclusive right to represent the government in all courts and tribunals. However, it also highlights that the Attorney General may authorize local governments to engage private law firms through established procedures.
Furthermore, the guidance stresses the importance of consultation with the Attorney General’s Office when local governments require legal counsel for civil cases involving them. This collaborative approach aims to ensure that legal proceedings involving local governments are in line with legal standards and government interests.
When it comes to the scope of legal services, the guidance clarifies that private law firms engaged by local governments can represent them in courts, tribunals, or any legal proceedings where the local government is a party. However, certain services, such as legal advisory and document preparation, remain the prerogative of the Attorney General.
In terms of contract arrangements, local governments are discouraged from retaining private law firms. Instead, they are encouraged to establish framework contracts. Under this arrangement, law firms will be remunerated based on services rendered, aligning with established rules, rather than through standard monthly retainers.
The guidance also underscores the importance of strict adherence to the Public Procurement and Disposal of Public Assets Act. Local governments are required to invite competitive bids from eligible law firms and conduct due diligence before procuring legal services. Proposed contracts with successful bidders must undergo review and clearance by the Attorney General’s Office.
Renewal of contracts between local governments and private law firms must follow standard procurement processes and receive approval from the Attorney General’s Office. Existing retainer agreements between local governments and law firms should be terminated in accordance with their terms.
The advisory also reminds local governments that consent judgments involving them require approval from the Attorney General’s Office before execution, ensuring that government interests are safeguarded.
