Kampala Capital City Act, 2011

Section Commencement Section This Act shall come into force on a date appointed by the Minister by statutory instrument; and the Minister may appoint different dates for the commencement of different provisions.

Section Interpretation Section In this Act, unless the context otherwise requires— " Authority " means the Kampala Capital City Authority established by section 5 ; " Capital City " means Kampala Capital City; " councilor " means a member of the Authority , a division urban council, ward urban council or a village urban council; " currency point " has the meaning assigned to it in the First Schedule; " Lord Mayor " means the Lord Mayor of Kampala Capital City ; " lower urban council " means a division urban council, a ward urban council, a village urban council and a street committee within the Capital City ; " mayor "means the Chairperson of a division urban council; " Metropolitan area " means the area of jurisdiction of the Authority together with the neighbouring districts of Mpigi, Wakiso including Mengo Municipality and Mukono; " Metropolitan Authority " means the Metropolitan Physical Planning Authority established by section 20 ; " Minister " means the Minister responsible for the Capital City .

Section Declaration of Kampala as capital city Section In accordance with article 5 of the Constitution, Kampala, located in Buganda, is declared the capital city of Uganda. The Capital City shall, in accordance with article 5 of the Constitution be administered by the central government.

Section Boundary of Capital City Section The territorial boundary of the Capital City shall be as delineated in the Second Schedule to this Act. Upon the commencement of this Act, any entity that immediately before the commencement of this Act existed as a local government in the area delineated under subsection (1) shall cease to be a local government. The Minister may, in consultation with the Authority and with the approval of Cabinet, establish divisions within the Capital City and alter the boundaries of those divisions. The Minister may, in consultation with the Authority , establish within the Capital City , ward urban councils and village urban councils and may alter the boundaries of those councils.

Section Qualifications of Lord Mayor and Deputy Lord Mayor Section A person is not qualified to be elected as Lord Mayor or Deputy Lord Mayor unless he or she is qualified to be elected a member of Parliament.

Section Functions of Lord Mayor Section The functions of the Lord Mayor are to— be the political head of the Capital City ; preside over all meetings of the Authority ; perform ceremonial functions and civic functions; host foreign and local dignitaries; head the Authority in developing strategies and programmes for the development of the Capital City ; monitor the administration of the Capital City ; provide guidance to the division administrations; and represent the Capital City on the Metropolitan Authority . The Lord Mayor shall in the performance of his or her functions, be answerable to the Authority and the Minister . The Deputy Lord Mayor shall assist the Lord Mayor in the performance of his or her functions and shall otherwise deputise for the Lord Mayor in his or her absence.

Section Vacation of office of Lord Mayor or Deputy Lord Mayor Section The Lord Mayor and Deputy Lord Mayor may be removed from office by the Authority by resolution supported by not less than two thirds majority of all the members of the Authority on any of the following grounds— Notwithstanding subsection (1), the seat of the Lord Mayor or Deputy Lord Mayor shall fall vacant if— For the purposes of removing the Lord Mayor or Deputy Lord Mayor under subsection (1) other than under subsection (l)(d), a petition in writing signed by not less than one third of all the members of the Authority shall be submitted to the Minister — A person shall not be eligible for appointment as member of the tribunal unless that person— For the purposes of the removal of the Lord Mayor or Deputy Lord Mayor on grounds of physical or mental incapacity under subsection (l)(d), there shall be submitted to the Minister , a petition in writing signed by not less than one-third of all the members of the Authority — abuse of office; incompetence; misconduct or misbehavior; physical and mental incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor ; failure to con...

Section Election of councillors Section The Electoral Commission shall demarcate the electoral areas for the election of councillors to be directly elected under section 6 (1) (c) and (f). The Local Governments Act shall, with the necessary modifications, apply to the election of councillors under this Act. The election of the representatives of professional bodies in section 6 (1) (g) shall be in accordance with regulations made by the Minister in consultation with the Electoral Commission.

Section Removal of councillors Section The procudure for removal a councillor in the Local Government Act shall apply to the removal of councillor under the Kampala City Council Authority .

Section Meetings of the Authority Section The Fourth Schedule has effect in relation to meetings of the Authority and other matters provided for in that Schedule.

Section Standing committees of the Authority Section The functions of a standing committee are— The Authority shall appoint standing committees not exceeding the number of directorates of the Authority and other committees necessary for the efficient discharge of its functions. A committee appointed under subsection (1) shall consist of a chairperson and such other members of the Authority as the Authority may determine. to oversee the performance of directorates; to receive and approve quarterly and annual work plans of directorates; to make reports to the Authority on a quarterly and annual basis on the performance of the directorates; to review bills for ordinances within their respective areas of competence; to report to the council on their functions; to receive, scrutinise and recommend to the Authority proposals for the budget of the departments of the Authority . In the exercise of its functions under this section, a standing committee may co-opt any member of the Authority or any qualified person to assist it in the discharge of its functions. Members of a committee appointed under this section may be paid such allowances as the Authority may, with the approval of the Mini...

Section Executive director Section There shall be an executive director who shall be the chief executive of the Authority . The executive director shall be appointed by the President on the advice of the Public Service Commission. A person shall qualify to be appointed executive director if he or she is of high moral character and proven integrity, and is qualified to be appointed a Permanent Secretary in a Goverment Ministry.

Section Removal of executive director Section The executive director may be removed by the President, acting on the advice of the Public Service Commission for— inability to perform the functions of his or her office arising from infirmity of body or mind; misbehavior or misconduct; incompetence; corruption; or the holder commits a breach of the Leadership Code of Conduct for which the punishment imposed includes the vacation of office.

Section Functions of executive director Section The functions of the executive director shall include the following— to be the head of the public service in the Authority and to head the administration of the Authority , including divisions and wards; to be the accounting officer of the Authority ; to be responsible for the management of all public funds of the Authority and accountable to Parliament; be responsible for coordination and implementation of national and council policies, laws, regulations, byelaws, programmes and projects; advise the mayor and Authority on Government policy; present the annual budget to the Authority ; advise the Authority on technical, administrative and legal matters pertaining to the management of the Authority ; implement lawful decisions taken by the Authority ; oversee the delivery of quality services to the population within the Capital City and take remedial action where service delivery standards are below the expected minimum standards; ensure proper physical planning and development control in the urban councils; monitor and coordinate the activities of the directorates of the Authority and of the lower Authority ; be the custodian of all t...

Section Lower urban councils of the Authority Section The Capital City shall have the following lower urban councils under the Authority — division urban councils; ward urban councils; and village urban councils. There shall also exist under the Authority , street committees.

Section Kampala Capital City Authority Section There shall be an Authority to be known as Kampala Capital City Authority . The Authority shall be a body corporate with perpetual succession and may sue and be sued in its corporate name and do, enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate. The Authority is the governing body of the Capital City and shall administer the Capital City on behalf of the central government subject to this Act. Any enactment that applies to a district shall, subject to this Act and with the necessary modifications, apply to the Authority .

Section Composition of Authority Section The Authority shall consist of the following members— one councillor representing each of the following professional bodies— the Lord Mayor ; the Deputy Lord Mayor ; one councillor directly elected by secret ballot to represent each electoral area in the Capital City on the basis of universal adult suffrage; two councillors representing the youth, one of whom shall be female; two councillors with disability representing persons with disabilities, one of whom shall be female; women councillors forming one third of the Authority such that the councillors elected under paragraphs (c), (d) and (e) shall form two thirds of the Authority ; Uganda Institution of Professional Engineers; Uganda Society of Architects; Uganda Medical Association; Uganda Law Society. A person is not qualified to be a councillor unless he or she is a citizen of Uganda.

Section Functions of Authority Section The functions of the Authority are— to initiate and formulate policy; to set service delivery standards; to determine taxation levels; to monitor the general administration and provision of services in the divisions; to enact legislation for the proper management of the Capital City ; to promote economic development in the Capital City ; to construct and maintain roads; to construct and maintain major drains; to install and maintain street lights; to organize and manage traffic; to carry out physical planning and development control; to monitor the delivery of services within its area of jurisdiction; to assist in the maintenance of law, order and security; to draw the attention of the divisions to any matter that attracts the concern or interest of the Authority ; to mobilise the residents of the Capital City to undertake income generating activities and self-help community projects; to assist the City division in mobilising the residents to pay local taxes; to register the residents in their area of jurisdiction; to register births and deaths in their area of jurisdiction; and to perform any other function given to the Authority by the centr...

Section Legislative powers of Authority Section The Authority shall have power to make ordinances of the Authority not inconsistent with the Constitution or any other law made by Parliament. The power of the Authority to make ordinances shall be exercised by the passing of local bills into ordinances by the Authority and signed by the Lord Mayor . A local bill passed by the Authority shall, before it is signed by the Lord Mayor , be forwarded to the Attorney General through the Minister to certify that the local bill is not inconsistent with the Constitution or any other law enacted by Parliament. Where the Minister on the advice of the Attorney General is of the opinion that a bill for an ordinance contravenes or derogates from the Constitution or other law made by Parliament, he or she shall, within ninety days after receipt of the bill, return the bill with his or her comments to the Authority for modification or other appropriate action. A bill enacted by the Authority and signed by the Lord Mayor under this section shall be an ordinance of the Authority and shall be published in the Gazette and in the local media. Every member of the Authority has a right to introduce a bill f...

Section Lord Mayor Section There shall be a Lord Mayor and a Deputy Lord Mayor of the Capital City . The Lord Mayor shall be elected by universal adult suffrage through a secret ballot at an election organized by the Electoral Commission. The Deputy Lord Mayor shall be appointed from among the members of the Authority by the Lord Mayor with the approval of the Authority . The Lord Mayor and Deputy Lord Mayor shall serve on a full time basis.

Section Metropolitan Physical Planning Authority Section A member of the Metropolitan Authority may be removed in the public interest by the Minister on any of the following grounds— There shall be a body to be known as the Metropolitan Physical Planning Authority . The Metropolitan Authority shall consist of a chairperson and four other persons all of whom shall be appointed by the Minister with the approval of Cabinet, being persons qualified and experienced in physical planning, civil engineering, architecture, environment, public health or survey. The members of the Metropolitan Authority shall hold office for five years and shall be eligible for re-appointment for one more term. inability to perform the functions of his or her office arising from infirmity of body or mind; misbehavior or misconduct; incompetence; or corruption.

Section Functions of the Metropolitan Physical Planning Authority Section The Metropolitan Authority shall be responsible for— The central Government shall be responsible for the construction and maintenance of— developing Physical Development Plan for the Capital City and the metropolitan area; handling and addressing planning issues within the Capital City and the neighbouring districts of Mukono, Mpigi and Wakiso; planning major transportation, infrastructure and other utilities in conjunction with other relevant bodies; planning recreation parks, tree planting, green corridors and other environment areas; overseeing and monitoring the execution of the Metropolitan Authority Development Plan; approving the Capital City , municipal and town structure plans; and beautification of the Capital City and the metropolitan area. The Metropolitan Authority shall have power to veto physical plans or activities that are inconsistent with the Metropolitan Authority Development Plan, the metropolitan structural plan or land use policy. The Metropolitan Authority shall ensure that land use in the City and the metropolitan area follow designated plans, irrespective of the tenure of land. The M...

Section Resident City Commissioner Section There shall be for the Capital City , a Resident City Commissioner who shall be appointed by the President. A person to be appointed a Resident City Commissioner shall be a citizen of Uganda, and qualified to be a member of Parliament.

Section Functions of the Resident City Commissioner Section The Resident City Commissioner shall— The Resident City Commissioner may— represent the President and the government in the Authority ; coordinate the administration of government services in the Authority ; act as chairperson of the Authority security committee; advise the Lord Mayor on matters of a national nature that may affect the Authority or its plans or programmes, and particularly the relations between the Authority and the Government; monitor and inspect the activities of the Authority and where necessary, advise the Lord Mayor ; and carry out such other functions as may be assigned to him or her by the President or prescribed by Parliament. sensitise the populace on government policies and programmes, and in so doing shall liaise with the Lord Mayor ; advise the Lord Mayor to instruct the chief internal auditor to carry out a special audit and submit a report to the Authority ; draw the attention of the Auditor General to the need for special investigation audits and submit a report to the Authority ; draw the attention of the Inspector General of Government to the need to investigation of any cases of mismanage...

Section Staff of the office of the Resident City Commissioner Section There shall be such number of deputy or Resident City Commissioner representatives in the Capital City as the President may determine. Section 71 (2) shall apply to the appointment of a deputy or assistant Resident City Commissioner. The deputy or assistant Resident City Commissioner shall assist the central government in carrying out the functions of the office in a specified area of jurisdiction generally as may be determined by the President. There shall be such other officers and staff of the office of the Resident City Commissioner as the Public Service Commission may, in consultation with the Ministry responsible for the public service, determine.

Section Removal of the Resident City Commissioner Section The Minister may recommend to the President, the removal of a Resident City Commissioner or a deputy or assistant Resident City Commissioner, stating the grounds for the recommendation for the removal.

Section Deputy executive director Section There shall be a deputy executive director of the Authority who shall be appointed by the President on the advice of the Public Service Commission. A person appointed to be deputy executive director must be of high moral character and proven integrity and must be qualified to be appointed a Permanent Secretary in a Government Ministry. The deputy executive director may be removed by the President in the circumstances specified in section 18 in respect of the executive director.

Section Directorates Section For the effective operation of the Authority , the Authority shall have the directorates described in Part A of the Fifth Schedule to this Act.

Section Provisions governing staff of the Authority Section The President may, acting in accordance with the advice of the Public Service Commission, the Health Service Commission or the Education Service Commission, as the case may be, appoint persons to hold or act in any office in the service of the Capital City of the rank of head of department or above in positions similar or equivalent to positions in the public service, the health service or the education service, including confirmation of the appointments, disciplinary control over such persons, and their removal from office. The Public Service Commission, the Health Service Commission or the Education Service Commission as the case may be, may appoint persons to hold or act in service of the Capital City other than those referred in subsection (1), in positions similar or equivalent to positions in the public service, the health service or the education service, including the confirmation of their appointment, disciplinary control over such persons and their removal from office. For the avoidance of doubt, teachers shall be taken, for the purposes of this section, as belonging to the education service. The terms and condit...

Section Metropolitan police Section There shall be a Metropolitan Police Force for the Capital City . The Metropolitan Police Force shall comprise persons appointed under the Police Act and trained by the Uganda Police Force. The Minister may by statutory instrument, on the recommendation of the Police Authority make regulations for regulating the Metropolitan Police Force.

Section Capital City planning Section The Authority shall be responsible for the planning in the Capital City . The Authority shall, in addition to the procedures it establishes for itself, work according to the procedures prescribed under the National Planning Authority Act. The Authority shall prepare comprehensive and integrated Capital City development plan incorporating plans of lower urban councils for submission to the National Planning Authority and the Metropolitan Authority . A division urban council within the boundaries of the Capital City shall prepare plans incorporating plans of lower urban councils in their respective areas of jurisdiction. For the avoidance of doubt, the functions of the Authority under this section are limited to socio-economic planning.

Section Capital City technical planning committee Section There shall be a City technical planning committee chaired by the executive director consisting of- heads of directorates in the Authority ; any technical person co-opted by the executive director The Capital City technical planning committee shall coordinate and integrate all the directorate plans for presentation to the Authority .

Section Planning units Section For the purposes of carrying out the planning functions of the Capital City under this Part, the Authority shall have a planning unit. The directorate of the council responsible for economic planning shall constitute the planning unit and shall be the secretariat to the Capital City technical planning committee.

Section Authority budgetary powers and procedure Section The Authority shall formulate, approve and execute its budgets and plans except that the budgets shall be balanced The Authority shall always accord preferential treatment to national priority programme areas preferential treatment in its budget outlays. Where the Local Government Finance Commission becomes aware that the Authority budget significantly detracts from national priority programme areas, the Commission shall inform the Authority and the President through the Minister , for appropriate action The Authority budget shall reflect all revenues to be collected or received by the Authority , and to be appropriated for each year. The Authority budget for the ensuing financial year shall always take into account the approved development plan of the central government.

Section Power to levy taxes Section The Authority may levy, charge, collect and appropriate fees and taxes in accordance with any law enacted by Parliament under article 152 of the Constitution. The fees and taxes levied, charged, collected and appropriated under this section shall consist of rent, rates, royalties, stamp duties, cess, trading licences, fees from registration and other fees and taxes that Parliament may by law prescribe. The Authority may collect fees and taxes on behalf of the Government as its agent; and where the Authority acts as an agent for the Government, a portion of the funds collected shall be retained by the Authority as shall be determined by the Minister in consultation with the Minister responsible for finance. Any extra obligation transferred to the Authority by the Government shall be fully financed by the Government. For the avoidance of doubt, taxes that may be levied by the Authority include local service tax and hotel tax under the Local Governments Act.

Section Financial year Section The financial year of the Authority shall be the period beginning from the 1st day of July and ending on the 30th day of June in the year next following.

Section Appropriation of funds Section Appropriation of funds by the Authority shall not be made out of the funds of the Authority unless approved in a budget by the Authority . Monies shall not be withdrawn from the general funds account or any other accounts of the Authority unless the withdrawal has been approved by the Auditor General or his or her representative. Financial obligations shall not be placed on the Authority by the central government after the enactment of the Appropriation Act without providing funds for the discharge of that obligation.

Section Grants to Authority Section The President shall, for each financial year, in accordance with the Constitution cause to be laid before to Parliament estimates for the monies to be paid out of the Consolidated Fund as— unconditional grant in accordance with subsection (2); conditional grant in accordance with subsection (3); equalisation grant in accordance with subsection (4). Unconditional grant is the minimum grant that shall be paid to the Authority to run services in the Capital City and shall be calculated in the manner specified in the Sixth Schedule. Conditional grant shall consist of monies given to the Authority to finance programmes agreed upon between the Government and the Authority and shall be expended only for the purposes for which it was granted and in accordance with the conditions agreed upon. Equalisation grant is the money to be paid to the Authority for giving subsidies or making special provision for the least developed divisions of the Capital City and shall be based on the degree to which a division is lagging behind the national average standard for a particular service. The Authority shall indicate how conditional and equalisation grants obtained f...

Section Borrowing powers and acceptance of grants Section The Authority may, from time to time, with the approval of the Minister raise loans from financial institutions, by way of debenture, issue of bonds or any other method, in amounts not exceeding ten per cent of the locally generated revenue of the Authority ; provided that the Authority demonstrates ability to meet its statutory obligations. The Authority may also accept and use grants with the approval of the Minister .

Section Consultation with other specialized agencies of government Section The Authority shall seek guidance and expertise from the Local Government Finance Commission in respect of resource mobilisation and sharing of central government grants and revenue generated within the Capital City and lower urban councils. The Authority shall, in the management of its finances and its operations seek guidance and technical support from other specialised agencies of government departments including the Local Government Finance Commission.

Section Member of Parliament or Minister not to hold office of Lord Mayor, Deputy Lord Mayor or councillor in the Capital City Section A member of Parliament or Minister , shall not, concurrently with that office, hold the office of Lord Mayor , Deputy Lord Mayor or councillor in the Authority .

Section Tenure of office of Lord Mayor, Deputy Lord Mayor and councillors of the Authority, mayor, deputy mayor and Chairpersons and councillors of lower urban councils and members of the street committees Section The Lord Mayor , Deputy Lord Mayor and other councillors of the Authority , mayor , deputy mayor and chairpersons and councillors of lower urban councils and members of street committees shall hold office for five years after their election as councillors and shall be eligible for re-election. Where a person is elected to fill a vacancy in one of the offices referred to in subsection (1), that person shall hold office for the remainder of the term of office of the person who vacated the office.

Section Remuneration of members of the Authority or committees Section The Minister shall, in consultation with the Minister responsible for finance and the Minister responsible for the public service, determine the remuneration payable to the Lord Mayor , Deputy Lord Mayor and councillors of the Authority and the mayor , deputy mayor , chairperson and councillors of a lower urban council .

Section Application of other enactments Section Without prejudice to subsection (1)— without prejudice to paragraph (b), the Local Governments (Rating) Act, shall, with effect from the commencement of this Act, apply to the Capital City such that— The Minister may, with the approval of Parliament, by statutory instrument, modify the provisions of any enactment in its application to the Authority or the entities existing under the Authority . the Local Government Act, shall with the necessary modifications, apply to the Authority and to a village, ward and division urban council under the Authority ; the Local Governments (Rating) Act shall, with the necessary modifications apply to the Capital City ; and the Authority shall impose, levy and collect rates as may be imposed by a district council under that Act; and division urban councils within the Capital City shall impose, levy and collect rates as may be imposed, levied and collected by division councils under that Act.

Section Powers of Minister Section The Minister shall have the following powers in relation to the Authority — to vary or rescind any decision of the Authority which is in contravention of any law or Government policy, with the approval of Cabinet; where the Minister considers that the matter is of a grave nature, to institute a Commission of inquiry to inquire into the matter; to receive and take appropriate action on reports submitted by the mayor , executive director or a commission of Inquiry; to appoint and remove members of the Metropolitan Authority ; and to oversee the performance of the Authority and make an annual report to Parliament. The Minister shall have general powers to give directives on policy and general development of the Capital City and the Authority shall comply with the directives. The Minister may veto decisions taken by the Authority which appear to the Minister to be illegal and where the Authority fails to perform any of its duties, the Minister may by writing, direct the Authority to carry out those duties. The Authority shall give effect to any direction given by the Minister under subsection (3). Where, under this Act the Minister is empowered to exe...

Section Accountability for public funds Section Any person holding a political or public office in the Authority who directs or concurs in the use of public funds contrary to law and to existing instructions shall be accountable for any loss arising from that use and shall be required to make good the loss even if he or she has ceased to hold that office.

Section Protection against court action Section No act, matter or thing done or omitted to be done by— any member of the Authority or division urban council or lower urban council ; any member of staff or other person in the service of the Authority ; or any person acting under the directions of the Authority , shall, if that act, matter or thing was done or omitted to be done in good faith in the execution of a duty or under the direction of the Authority or any appropriate authority under this Act, render that member or person personally liable to any civil action, claim or demand.

Section Regulations Section Notwithstanding the generality of subsection (1), the Minister may make regulations for— The Minister may, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. prescribing an area within the Capital City to be the central business district; prescribing particulars to be contained in the quarterly summary reports of procurements and disposals made by the Capital City Contracts Committee; the election of representative of professional bodies; in consultation with the Electoral Commission, regulating the election of Lord Mayor and Deputy Lord Mayor ; the election of representatives of professional bodies; on recommendation of the Police Authority , regulating the Metropolitan Police Force; the reporting procedure of Contracts Committee; the delegation of powers of Contracts Committee; The Minister shall, as soon as practicable after the publication of a statutory instrument made under this section, cause the instrument to be laid before Parliament. Regulations made under this section may prescribe, in respect of a contravention of the regulations, that the offender is liable, on conviction, to a fine n...

Section Amendment of Schedules Section The Minister may, by statutory instrument, and with the approval of the Cabinet, amend the First, Third, Fourth, Fifth and Sixth Schedules to this Act. The Minister may, by statutory instrument with the approval of Parliament, amend the Second Schedule to this Act.

Section Presidential, parliamentary and local government elections Section For the avoidance of doubt, this Act shall not be taken to affect any enactment relating to presidential and parliamentary elections and the demarcation of constituencies by the Electoral Commission.