Sandra Ainebyoona.
A controversial issue has emerged as several courts in the country continue to accept letters from former village leaders as proof of residency in bail applications, despite the expiry of their term of office. This has raised concerns as surveys suggest that some of the 81,000 former officials may be issuing these documents without proper authorization after their five-year mandate expired on July 10, in line with Article 181 of the Constitution.
The termination of their tenure has triggered a constitutional conundrum, with legal experts and Members of Parliament (MPs) warning that any attempts by former local councils I and II to continue their administrative and quasi-judicial functions would be illegal. In addition to this, the government’s alleged reluctance to release Shs59 billion budgeted for elections in over 80,000 electoral areas has further fueled the debate.
Last week, during parliamentary sittings, a tense moment arose when the Speaker of Parliament, Ms. Anita Among, suspended the session following remarks by the Attorney General, Kiryowa Kiwanuka. The Attorney General suggested that former officials could continue their duties, leading to the Speaker’s firm refusal and demand for a clear government position.
Kiwanuka later offered reassurances that the government was addressing the perceived void left by the absence of these administrative units. He encouraged the newly elected leadership of these units to continue providing essential services while awaiting necessary approvals.
Shadow Attorney General, Wilfred Niwagaba, expressed concerns over the matter. He emphasized that local councils at the village and parish level have quasi-judicial functions outlined in the Local Council Courts Act, 2006, which require active officials to carry out.
