Yesterday at 10am at Masaka High court Justice Moses Kawumi Kazibwe in a court ruling agreed with chairperson LCV Masaka and fifteen others that guideline for operationalization of the new cities made by the Minister of Local Governments, Hon. Rapheal Magyezi, are a nullity and cant be used to operationalize the new cities.
The Judge also condemned the Minister to pay costs for making guidelines that are obviously illegal. (Details are in the court ruling and a press report of journalist who attended court attached hereto).
What are implications of this ruling?
- The new cities and the new electoral areas created under the new cities inclusive of the new constituencies remain in existence and shall have elected leaders in the fourth coming elections.
- When the Minister for Local Government realized that he was going to lose this case instead drafting a lawful guidelines for operationalization of the new cities he went to parliament to pass an amendment in the Local Government Act to the effect that operationalization of the new cities shall take effect in February 2021 with the new leaders that will have been elected after the 2021 elections.
- This amendment has been passed and consented to the President.
It should be noted that when I and the Chairman of Jinja District plus the 15 councillors of Masaka District filed this case in court, Hon. Namayanja Florence of Bukoto East Constitiency and Pastor Abed Bwanika the President of Peoples Development Party (PDP) teamed up and went around Masaka District declaring that by taking this matter to court we had become selfish, greedy, unfocused and wish new new Masaka city not well yet to them the guidelines were perfect and fit for running of the new cities. They even went to radio stations paid for announcements and bought airtime to condemn us for our action. They mobilised people to riot against our lawful action.
As elected leaders having sensed danger in the new guidelines we had a right to take this matter and its our duty to uphold the rule of law and to protect the electorate’s interests. It should be recalled that it was Masaka District under my leadership that passed a resolution to for creation of Masaka city and later took the matter to court when Masaka had been left out among the new cities. Hon Namayanja and Pastor Abed Bwanika acted in bad faith and we expect an apology from each one of them failure of which we shall charge them for criminal libel, seek damages for defamation and mental anguish occassioned to us.
We congratulate the people of Masaka for this victory and we thank them for standing with us to uphold the rule of law.
