Kerry Howard Mwesigwa
The Minister of Local Government, Hon. Raphael Magyezi, has enacted the Local Governments (Amendment of Third Schedule) Instrument, 2023. This amendment grants the Minister the authority to extend the term of office for administrative unit councils beyond their initial five-year tenure. The decision has sparked discussions among citizens and legal experts, raising questions about its implications on local governance and democracy in Uganda.
The Local Governments Act of 1997 (Cap 243), provides the legal framework for local administration and local government structures in Uganda. Under this act, the country’s local government system is organized into districts, each comprising lower local governments and administrative units. Rural districts consist of district councils and sub-county councils, responsible for managing local affairs and ensuring development at the grassroots level.
The Local Governments (Amendment of Third Schedule) Instrument, 2023, introduces a significant change by empowering the Minister to extend, renew, reinstate, or validate the term of office of administrative unit councils for up to 180 days beyond their initial five-year tenure. This decision comes with prior approval from the Cabinet and must be publicly gazetted and communicated through national media.
While some view the amendment as a measure to ensure continuity and stability during challenging times, others have raised concerns about its potential impact on democratic principles and accountability. One of the primary concerns is the potential erosion of local autonomy and citizen representation. Critics argue that the provision’s broad scope may compromise the independence of local governments and reduce citizen participation in decision-making processes as it allows for term extensions under circumstances such as a state of war, emergency declarations, disturbances in specific areas, or when conducting elections becomes impracticable. Skeptics worry that this may open doors for potential abuse of power and undermine the democratic process. Transparency and accountability mechanisms will be essential to safeguard against misuse of this discretionary power and ensure that any term extensions serve the public interest.
