LC elections delay may hurt bail applications 

A veil of uncertainty hangs heavy in the air over the legality of the lower local council leadership.

The vibrant tenure of the LC1 chairpersons came to an end on July 10, while the imminent departure of the LC2 chairpersons looms on the horizon, scheduled for July 27.

Yet, no elections have been organized by the Electoral Commission to breathe new life into these councils, primarily because the ministry of Finance has failed to provide the required Shs 59 billion necessary for conducting elections across the country’s 10,595 parishes and 70,626 villages.

Minister of Local Government Raphael Magyezi recently announced in parliament that the government has decided to delay the local council elections due to the unavailability of the necessary funds amounting to Shs 59 billion required by the Electoral Commission to carry out the elections.

In response to the minister’s statement, the shadow cabinet ministers held a press conference at the parliament and gave the government an ultimatum of 30 days to organize local council elections. They argue that the decision to extend the elections is against the law and violates both the Constitution and the Local Government Act, which mandate that local government councils and administrative councils should be elected every five years.

According to the Local Government Act, the minister can extend the tenure of the local leaders for a maximum of six months only in cases where the country is engaged in a war or when a state of emergency has been declared under the Constitution. This implies that local councils will be operating illegally, given that there is no law allowing the extension of terms after expiry without holding elections.

Local councils play a significant role in communities. The Local Governments Act gives local councils the responsibility of upholding law, order, and security within their jurisdictions. Additionally, the Local Government Act grants LC1 chairpersons the authority to oversee village courts and resolve minor disputes, including issues such as property damage, trespass, and debts, among others.

Individuals seeking bail are required to obtain an LC1 letter, and the chairperson also acts as a witness during land transactions. Additionally, individuals applying for a national identity card or passport must obtain an official letter from the LC1 chairperson.

The expiration of their terms has created a state of uncertainty among people, questioning the validity of documents signed by the local councils and whether they can be acknowledged in the courts of law. John Kikonyogo, the deputy spokesperson for the Forum for Democratic Change (FDC), has urged the government to allocate funds for the local council elections.

He emphasized the significance of these elections, highlighting that the expiration of their terms could potentially result in a repeat of the 17-year gap the country experienced before the last elections in 2018, from the previous ones were held in 2001.

Kikonyogo stressed the importance of local councils as the closest link between the government and the people. He stated that possession of an LC1 letter is essential for getting bail. He expressed concerns about situations where individuals may receive an LC1 letter for bail only to have it invalidated due to the expiration of the office.

He also discussed the issue of land titles and agreements that are usually signed by the LCs as witnesses. If someone challenges the validity of a land title in court, it is possible to question it because the LC who signed it had already seen their term of office expire.

According to Jamson Karemera, the spokesperson for the judiciary, obtaining a letter from the local council (LC) chairperson is not a mandatory requirement when applying for bail.

“There is no specific law that dictates the necessity of such a letter to be granted bail. Instead, the decision lies with the judge presiding over the case. The judge may choose to request other forms of identification, such as a national ID or any other relevant document from the individual seeking bail. Therefore, the expiration of the local council’s term does not have any impact on court proceedings or the bail application process,” he said.

According to Ms. Joraldine, a legal practitioner, Article 1 of the 1995 Constitution establishes that the power lies with the people, and they possess the right to elect leaders of their choice.

She argued that the continued leadership of local councils (LCs) without conducting elections goes against the will of the people they are leading, as per the law. Additionally, land titles signed by the local councils during their continued leadership without elections are considered invalid, according to the law.