Mbarara laywer petitions High court over extension of LC term

James Owebeyi, a lawyer based in Mbarara city has petitioned Mbarara High court demanding a judicial review against the extension of the term of office for village chairpersons. 

Minister of Local Government, Raphael Magyezi recently extended the term of office for LC I and LC II chairpersons for another six months. Owebeyi, citing several articles of the constitution asserted that the extension was illegal and unjustifiable under the law. He filed the petition against the Attorney General as the first respondent.

Owebeyi asked court to declare the minister’s action unlawful, emphasizing that the LC I and II terms had already expired. He also requested an order prohibiting the chairpersons from using stamps as power and authority and from using the illegal and expired LC I and LC II to perform the functions of such offices.

 

He also wants the court to order a mandamus order, compelling the respondent to promptly conduct elections under the laws. Among other grounds for the application, Owebeyi argues that the minister lacked legal justification for the extension and that he does not meet the requirements under Regulation 11A of the Local Government Councils Regulations 2023 to extend the term of office of LC I and II.

He also argues that the extension of the term by the minister is a continuous imposition of leaders on the people of Uganda against their will, a violation of the people’s right to choose their leaders and civic rights, and that some LC I & II leaders died and are no longer in existence. 

Therefore the minister cannot extend the term of those deceased leaders. He narrates that it is in the interest of justice and observance of democracy and the rule of law which the minister and respondent subscribe to.

Government on July 2 published in the National Gazette a notice signed by the Local Government minister, the extension term for Local Councils I and II leaders giving them authority to serve for another six months before an election is held.