Local Governments Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ byelaws ” means rules made by lower local councils under section 39 ; “ council ” includes all councils referred to under sections 3 and 45 ; “ currency point ” represents the amount in Uganda shillings prescribed in the Sixth Schedule; “ electoral area ” means one of the areas into which a district, city, municipality, town, division or subcounty is divided for the purpose of elections and representation; “ full-time service ” means fully utilising the official hours in the service of the council or relevant office; “ Government ” means the Government of Uganda; “ immediate family ” means wife or husband and children under eighteen years; “ local council ” includes local government councils and administrative unit councils; “ local government ” means the local councils established under section 3 (2) to (5); “ lower local government ” includes a municipality, town, division and subcounty councils; “ Minister ” means Minister responsible for local governments; “ Ministry ” means a Ministry of the Government ; “ ordinance ” means the law made or passed by the district council under section 38 ; “ Pa...

Section Objectives of the Act Section The objectives of the Act are— to give full effect to the decentralisation of functions, powers, responsibilities and services at all levels of local governments; to ensure democratic participation in, and control of, decision making by the people concerned; to establish a democratic, political and gender-sensitive administrative setup in local governments; to establish sources of revenue and financial accountability; to provide for the election of local councils; to establish and provide for the composition of interim councils for newly created local government units pending elections of the councils; and to provide for formation of interim executive committees for interim councils.

Section Local governments Section The local governments in a district rural area shall be— The local governments in a city shall be— The local governments in a municipality shall be— The system of local government shall be based on the district as a unit under which there shall be lower local governments and administrative units. the district council ; the subcounty councils. the city council ; the city division councils. the municipal council ; the municipal division councils. The local government in a town shall be the town council .

Section City to be equivalent to a district Section For purposes of this Act— a city shall be equivalent to a district, and a city council shall exercise all functions and powers conferred upon a district council within its area of jurisdiction; a division shall be equivalent to a subcounty, and shall exercise all relevant functions and powers conferred upon a subcounty.

Section Municipality and town to be lower local governments Section Subject to article 197 of the Constitution and section 79 of this Act, a municipal or a town council shall be a lower local government of the district in which it is situated.

Section Local governments to be bodies corporate Section Every local government council shall be a body corporate with perpetual succession and a common seal, and may sue or be sued in its corporate name.

Section Boundaries of local council units Section The boundaries of a local government or of an administrative unit shall be those which existed immediately before the coming into force of this Act. Boundaries of a district unit may be altered or new district units formed, in accordance with article 179 of the Constitution. Subject to the Town and Country Planning Act, the Minister may, in consultation with the district with the approval of Cabinet after satisfying himself or herself that the requirements under paragraph 32 of the Third Schedule are met, declare an area to be a town. A district may with the approval of the Minister , within its area of jurisdiction, at the request of or in consultation with the relevant municipal council , alter the boundaries of or create a new municipal division council . A district council may, within its area of jurisdiction and with the approval of the Minister at the request of or in consultation with the relevant subcounty councils, alter the boundaries of or create a new subcounty. A subcounty or city division council may, within its area of jurisdiction with the approval of the district or city council and at the request of or in consultat...

Section Cooperation among districts Section Two or more district councils may, in accordance with article 178 of the Constitution— cooperate in the areas of culture and development; and for the purpose of the cooperation, form and support councils, trust funds or secretariats. A local government council may concur with any other local government council in appointing a joint committee for any matter in which they have a common interest.

Section Composition of district councils Section District councils shall consist of— the district chairperson, elected under Part X of this Act; one councillor directly elected to represent an electoral area of a district; two councillors, one of whom shall be a female youth, representing the youths in the district; two councillors with disabilities, one of whom shall be a female, representing persons with disabilities; and women councillors forming one-third of the council such that the councillors elected under paragraphs (b), (c) and (d) shall form two-thirds of the council .

Section Speaker and deputy speaker of a district council Section The speaker or deputy speaker may be removed from office by the council by a resolution supported by not less than two-thirds of the members of the council on any of the following grounds— The speaker shall— A district council shall have a speaker and a deputy speaker elected by the council from among members of the council . The speaker and the deputy speaker shall be elected through a secret ballot. At the elections of a speaker or deputy speaker , no person shall be declared elected speaker or deputy speaker unless that person gets more than 50 percent of the votes of all members of the council cast in his or her favour. If no person gets more than 50 percent of the votes cast, the elections shall be repeated between the first two persons getting the highest votes until one of them gets more than 50 percent of the votes. If during the election of a speaker or deputy speaker only one name is nominated, that person shall be declared elected speaker or deputy speaker . abuse of office; incompetence; misconduct or misbehaviour; or such physical or mental incapacity as would render the speaker or deputy speaker incapabl...

Section District chairperson Section There shall be a district chairperson who shall be— A district chairperson shall be— the political head of the district; elected by universal adult suffrage through a secret ballot. a person qualified to be elected a member of Parliament ; at least thirty years and not more than seventy-five years of age; and a person ordinarily resident in that district.

Section Functions of the chairperson Section A district chairperson shall— preside at meetings of the executive committee of the district; monitor the general administration of the district; monitor the implementation of council decisions; subject to section 79 of this Act and article 197 of the Constitution, monitor and coordinate the activities of the municipal and town councils and of other lower local governments and administrative units in the district; on behalf of the council , oversee the performance of persons employed by the Government to provide services in the district and to monitor the provision of Government services or the implementation of projects in the district; subject to section 64 (2)(g), coordinate and monitor government functions as between the district and the Government; perform other functions that may be necessary for the better functioning of the district council , or which may be incidental to the functions of chairperson or imposed on the chairperson by any law. The chairperson shall abide by, uphold and safeguard the Constitution, the district laws and other laws of Uganda and shall endeavour to promote the welfare of the citizens in the district. S...

Section Removal of chairperson from office Section Subject to subsection (2), the chairperson may be removed from office by the council by a resolution supported by two-thirds of all the members of the council on any of the following grounds— For purposes of removing the chairperson under subsection (1) other than under paragraph (e) of that subsection, a notice in writing signed by not less than one-third of all the members of the council shall be submitted to the speaker — For the purposes of the removal of the chairperson on grounds of physical or mental incapacity under subsection (1)(e), there shall be submitted to the speaker a notice in writing signed by not less than one-third of all the members of the council — Subsections (1) to (17) shall apply to the removal of the chairperson of a lower local government council except that— abuse of office; corruption; incompetence; misconduct or misbehaviour; such physical or mental incapacity as would render the chairperson incapable of performing the duties of chairperson; failure or refusal without justifiable reasons to implement lawful council decisions. stating that they intend to pass a resolution of the council to remove the c...

Section Mayor Section The chairperson of a city shall carry the title of mayor.

Section District executive committee Section A district executive committee shall consist of— There shall be an executive committee for each district council which shall perform the executive functions of the council . the chairperson; the vice chairperson; such number of secretaries, not exceeding five, as the council may determine. At least one of the offices of the secretaries referred to in subsection (2)(c) shall be held by a female. The chairperson shall assign one of the secretaries to be responsible for health and children welfare.

Section Functions of a district executive committee Section The district executive committee shall— initiate and formulate policy for approval of the council ; oversee the implementation of the Government and the council ’s policies and monitor and coordinate activities of nongovernmental organisations in a district; monitor the implementation of council programmes and take remedial action where necessary; recommend to the council persons to be appointed members of the district service commission, local government public accounts committee, district tender board, district land board or any other boards, commissions or committees that may be created; receive and solve problems or disputes forwarded to it from lower local government councils; at the end of each financial year consider and evaluate the performance of the council against the approved work plans and programmes; and carry out any other duty as may be authorised by the council or any law.

Section Appointment and functions of vice chairperson and secretaries Section The vice chairperson shall be nominated by the chairperson from among the members of the council and approved by two-thirds of all the members of the council . The vice chairperson shall be a person who qualifies to be a district chairperson. The secretaries shall be nominated by the chairperson from among the members of the council and shall be approved by the majority of all the members of the council . The vice chairperson shall deputise for the chairperson and shall perform other functions that may be assigned to him or her by the chairperson. Subject to section 171 (4), if the chairperson dies, resigns or is removed from office, the vice chairperson shall assume the office of chairperson until the election of a new chairperson; and the election shall take place within six months after the occurrence of the event. A secretary shall have responsibility for such functions of the district council as the district chairperson may, from time to time, assign to him or her.

Section Full-time service of chairperson and secretaries Section A chairperson, vice chairperson and secretaries shall be on fulltime service of the council . A chairperson, a vice chairperson and secretaries shall be paid emoluments in accordance with the First Schedule. A member of the district executive committee shall not hold any office of profit or emolument likely to compromise his or her office.

Section Vacation of office of member of district executive committee Section The office of a member of the district executive committee shall fall vacant if— a member— the appointment of a member is revoked by the chairperson; a member is elected as speaker or deputy speaker of the district council; resigns from office; becomes disqualified to be a member of the council; or dies; where the council passes a vote of censure in a member; or a new chairperson assumes office.

Section Censure against member of district executive committee Section A council may, by resolution supported by not less than half of all the members of the council , pass a vote of censure against a member of the district executive committee. Proceedings for censure shall be initiated by a petition to the chairperson through the speaker , signed by not less than one-third of all the members of the council , to the effect that they are dissatisfied with the conduct or performance of the member of the district executive committee. The chairperson shall upon receipt of the petition cause a copy to be given to the member of the district executive committee in question. The motion of the resolution of censure shall not be debated until the expiry of fourteen days after the petition is sent to the chairperson. A member of the executive committee in respect of whom a vote of censure is debated under subsection (4) is entitled to be heard during the debate.

Section District committees and functions Section A district council may appoint such standing committees as are necessary not exceeding the number of secretaries for the efficient performance of its functions. The chairperson of a committee under this section and the members of the committee shall be elected by simple majority through secret ballot from the members of the council who are not members of the executive committee. No council member shall belong to more than one committee. Members of the district executive committee, or councillors who are not members of a standing committee, may take part in the proceedings of a committee under this section but shall have no right to vote or claim allowances.

Section Lower local government councils Section A subcounty council shall consist of— A city division council shall consist of— A municipal council shall consist of— A municipal division council shall consist of— A town council shall consist of— a chairperson, elected under Part X of this Act; one councillor representing each parish or part of a parish in the subcounty; two youth councillors representing the youth in the subcounty, one of whom shall be a female youth; two councillors with disabilities, one of whom shall be a female, representing persons with disabilities in the subcounty; and women councillors forming one-third of the council . one councillor representing each parish or part of a parish in the division; two councillors with disabilities, one of whom shall be a female, representing persons with disabilities in the city division; two youth councillors representing the youth in a city division, one of whom shall be a female youth; and a chairperson, elected under Part X of this Act and carrying the title of mayor; one councillor representing each parish or part of a parish in the municipality; two councillors with disabilities representing persons with disabilities in...

Section Functions of a chairperson of a lower government council Section A chairperson of a lower government council shall— be the political head at that level; preside over the council and executive committee meetings; monitor the general administration of the area under his or her jurisdiction; on behalf of the council , oversee the performance of persons employed by the Government to provide services in the council ’s area of jurisdiction and to monitor the provision of Government services or implementation of projects in the area under the council ’s jurisdiction; perform other functions that may be necessary for the better functioning of the council , or which may be incidental to the functions of the chairperson or imposed on the chairperson by any law. The chairperson of a lower council shall abide by, uphold and safeguard the Constitution, district laws, council byelaws and other laws of Uganda and shall endeavour to promote the welfare of the citizens in the council ’s area of jurisdiction. The chairperson shall, in the performance of the functions under subsections (1) and (2), be answerable to the respective local council of which he or she is chairperson.

Section Composition of an executive committee of a lower local government council Section The executive committee shall consist of— A lower local government council shall have an executive committee nominated by the chairperson from among the members of the council and approved by simple majority of all the members of the council voting. the chairperson; the vice chairperson; such number of secretaries, not exceeding five, as the council may determine. At least one of the offices of secretaries referred to in subsection (2)(c) shall be held by a female. The chairperson shall assign one of the secretaries to be responsible for health and children welfare.

Section Functions of a lower local government executive committee Section A lower local government executive committee shall be responsible for the supervision of the implementation of policies and decisions made by its council and shall— (a) initiate and formulate policy for approval of the council ; (b) oversee the implementation of the council ’s policy; (c) assist in the maintenance of law, order and security; (d) monitor the implementation of council programmes and take action where necessary; (e) receive and solve problems or disputes forwarded to it from lower local councils; (f) at the end of each financial year consider and evaluate the performance of the council against the approved work plans and programmes; (g) initiate, encourage, support and participate in self-help projects and mobilise people, material and technical assistance in relation to the self-help projects; (h) serve as the communication channel between the Government , the district council and the people in the area; (i) generally monitor the administration in its area and report to the district council ; (j) generally monitor and supervise projects and other activities undertaken by the Government , local...

Section Councillors not to hold two political offices, etc. Section A member of Parliament or a Minister of the Government shall not, concurrently with that office, hold a local government political office of chairperson, vice chairperson or secretary or be a councillor at a local government unit. A person shall not hold a political office or a full-time office in the service of more than one local government . Where a person is elected to a local council of a wider jurisdiction, his or her membership at the council of a smaller jurisdiction shall fall vacant, and another person shall be elected in that place. For the avoidance of doubt, a member of the village or subcounty executive committee shall not resign the office of the village or subcounty executive committee if elected a chairperson or vice chairperson of the parish, ward or county administrative council .

Section Meetings of local government councils Section The meetings of local government councils and their executive committees shall be conducted in the manner specified in the Third Schedule.

Section Elected officials to be part time Section Except for the chairpersons of lower local governments and the vice chairpersons of municipal councils, and subject to section 19 , all elected officials shall be part time and shall only be paid allowances in accordance with the First Schedule.

Section Local government councils Section A council shall be the highest political authority within the area of jurisdiction of a local government and shall have legislative and executive powers to be exercised in accordance with the Constitution and this Act. A person shall not be a member of a local government council unless that person is a citizen of Uganda.

Section Functions, powers and services of a council Section Subject to the Constitution, a local government council shall, within its area of jurisdiction— A devolution under subsection (4) shall not be effected unless— exercise all political and executive powers and functions; provide services as it deems fit with the exception of the functions, powers and services listed under Part 1 of the Second Schedule to this Act; protect the Constitution and other laws of Uganda and promote democratic governance; and ensure the implementation and compliance with Government policy. Without prejudice to the generality of subsection (1), a district council shall perform and carry on the functions and services specified under Part 2 of the Second Schedule to this Act. Urban councils shall have autonomy over their planning and financial management when carrying out the functions and services specified under Part 3 of the Second Schedule to this Act. Subject to subsection (5), in rural areas, a local government council may devolve to a lower council some of the functions and services specified under Part 4 of the Second Schedule to this Act and, in urban areas, functions and services specified un...

Section Services to be provided on request of a council Section A district council or a lower council may, on request by it, be allowed to exercise the functions and services specified in Part I of the Second Schedule, or if delegated to it by the Government or by Parliament under any law. Subject to the Constitution, the Government may, on request by a district council , assume responsibility for functions and services assigned to the district council , and in such a case the Government shall retain any grants pertaining to any task reverting to the Government . A higher local government council may, on request by a lower council , assume responsibility of functions assigned to that lower council , provided that the higher local council shall retain any grants pertaining to the task reverting to it. Appropriate measures shall be taken to bring the changes in subsections (1), (2) and (3) to the attention of the public.

Section Delegation of functions by a Minister or council Section A delegation under subsection (1) shall not be effected unless— A copy of the instrument of delegation under subsection (1) shall be sent by the authority making the delegation— The instrument of delegation registered under subsection (3) shall be published in the following manner— where registered by the Minister , shall be published— where registered by a district council , shall be published— A Minister responsible for a Government Ministry may, after consultation with the Minister , delegate functions, powers and responsibilities vested in that Ministry to a local government council ; and a local government council may delegate its functions, powers and responsibilities to a lower local government council within its area of jurisdiction. all parties are in agreement; adequate resources are made available for the exercise of those functions, powers, services and responsibilities; and appropriate measures are taken to bring the change to the attention of the public. in the case of a lower council , to the relevant district council ; and in the case of a district council , to the Minister responsible for local govern...

Section Delegation by a local government council to chairperson, etc. Section Subject to the Constitution and the Fourth Schedule, a local government council may delegate some of its functions, powers or responsibilities under this Act to— A delegation under subsection (1) shall— the chairperson of the relevant council ; a committee of the relevant council ; a joint committee created under section 8 (2); or a council , trust fund or secretariat formed under section 8 of this Act and article 178 of the Constitution, as may be agreed upon in the charter. be accompanied by the necessary resources to enable the person or body delegated to exercise the functions, powers or responsibilities; and be brought to the attention of the public as provided under section 32 (4).

Section Higher councils to offer guidance to lower councils Section A local government council may offer guidance to lower councils within its area of jurisdiction.

Section District planning authority Section The district council shall be the planning authority of a district. The district planning authority shall, in addition to the procedures it establishes for itself, work according to the guidelines established by the National Planning Authority. The district council shall prepare a comprehensive and integrated development plan incorporating plans of lower level local governments for submission to the National Planning Authority, and lower level local governments shall prepare plans incorporating plans of lower councils in their respective areas of jurisdiction.

Section District technical planning committee Section There shall be a district technical planning committee chaired by the chief administrative officer consisting of— heads of department of that district; any technical person co-opted by the chief administrative officer. The district technical planning committee shall coordinate and integrate all the sectoral plans of lower level local governments for presentation to the district council .

Section Planning units Section For purposes of carrying out the functions stipulated under section 35 , local governments shall establish planning units. The department of a district council responsible for economic planning shall constitute the planning unit and be the secretariat to service the district technical planning committee. The technical planning committee of a lower local government shall consist of all heads of department or sectors in its area of jurisdiction, and the subcounty chief or town clerk shall be the chairperson. The technical planning committee referred to in subsection (3) shall coordinate all plans of lower councils and submit the integrated plans to their respective councils for consideration.

Section Enactment of district laws Section A district council shall have powers to make laws not inconsistent with the Constitution or any other law made by Parliament which power shall be exercised by the passing of local bills into ordinances by the council and signed by the chairperson. A local bill passed by a district council shall 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 before the chairperson signs the law. Where the Minister with 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 by Parliament , he or she shall, within ninety days, return the bill with his or her comments to the relevant council for modification or other appropriate action. A bill enacted by the district council and signed by the district chairperson under this section shall be an ordinance of the council and shall be published in the official Gazette and in the local media. The public shall be given access to any ordinance passed or to be passed by the council as is provided in the Third Sc...

Section Byelaws by lower councils Section Byelaws made under this section— A byelaw made under this section may— An urban, subcounty, division or village council may, in relation to its powers and functions make byelaws not inconsistent with the Constitution, or any law enacted by Parliament , or an ordinance of the district council or a byelaw passed by a higher council . by a municipality, shall be subject to section 38 (2); by a lower local council other than a municipality shall be forwarded to the district council to certify that the byelaw is not inconsistent with the Constitution, or any law enacted by Parliament , or an ordinance of a district or a byelaw passed by a higher council ; by the village or municipal division councils in a municipality shall be forwarded to the municipal council to certify that the byelaw is not inconsistent with any law or ordinance or byelaw passed by a higher council ; by the village council shall be forwarded to the subcounty council to certify that the byelaw is not inconsistent with any law or ordinance or a byelaw passed by a higher council . Where the Minister or the relevant council , as the case may be, is of the opinion that the byelaw...

Section Ordinance may create offences and penalties Section An ordinance made under section 38 may— create an offence for a breach of a provision of the ordinance ; prescribe a penalty of a fine not exceeding two currency points or a term of imprisonment not exceeding six months or both in respect of an offence created under paragraph (a); provide that where a person is convicted of an offence created by an ordinance which prohibits possession of an article, object or thing, the court orders the forfeiture or destruction of the article, object or thing in addition to the penalty under paragraph (b) of this section; prescribe that in addition to or substitution for the penalty, if the breach relates to a condition of a licence or permit under the ordinance , the licence or permit be suspended or cancelled; provide that in addition to the penalty, any expenses incurred by the local council or a person or other public body as a result of the breach of a provision of an ordinance or nonperformance of a requirement under the ordinance shall be paid by the person or body convicted, and the expenses may be recovered summarily as a civil debt.

Section Ordinance may impose fees, etc. for services Section An ordinance made under section 38 may prescribe fees or charges equivalent to full cost recovery in relation to any act done or to be done or service given under the ordinance and may require any act to be done or performed to the satisfaction of a prescribed person or body.

Section Scope of an ordinance Section An ordinance may be made to apply to the whole district or any part of a district or to a particular section or profession of the people, and the power to make ordinances shall include power to regulate different matters in respect of different parts in the district. For the avoidance of doubt, no ordinance shall be made in respect of any matter or issue for which adequate provision is made under the Constitution or any law made by Parliament except for ease of reference, in which case the ordinance shall reproduce the provisions of that article or law in its entirety.

Section Effective date of an ordinance Section The effective date of an ordinance or byelaw made under this Act shall be the date of publication in the official Gazette or as may be provided in the ordinance .

Section Local councils not to legislate on judicial powers Section A local council shall have no power to make any law relating to the establishment or administration of courts or to the exercise of judicial powers.

Section Taking over of district administration by the President Section The President may, with the approval of two-thirds of all the members of Parliament , assume the executive powers of any district in any of the following circumstances— Upon the expiry of the term under subsection (3)— if Parliament decides that the prevailing circumstances still make it impossible for the incumbent district government to assume the administration of the district then— where the district council so requests and it is in the public interest to do so; where a state of emergency has been declared in that district or in Uganda generally; or where it has become extremely difficult or impossible for a district government to function. The exercise by the President of the power conferred by this section may be done through such person or officer as the President may appoint, and the legislative functions shall be exercised by statutory instruments. Unless approved by Parliament for a longer term, the exercise by the President of the power conferred by this section shall be for a period not exceeding ninety days. the President shall hand back the administration of the district to the incumbent district...

Section Coordination of and advocacy for local governments Section The coordination of and advocacy for local governments shall be the responsibility of the Ministry responsible for local governments.

Section Technical support Section For purposes of ensuring implementation of national policies and adherence to performance standards on the part of local governments, Ministries shall inspect, monitor and, where necessary, offer technical advice, support, supervision and training within their respective sectors.

Section Mandate of line Ministries and Ministry in relation to local governments Section A Government line Ministry shall— The Ministry responsible for local government shall— monitor and coordinate Government initiatives and policies as they apply to local governments; coordinate and advise persons and organisations in relation to projects involving direct relations with local governments; and assist in the provision of technical assistance to local governments. coordinate local governments for purposes of harmonisation; and coordinate activities of a district council in case of taking over of the administration of a district council by the President under article 202 of the Constitution.

Section Inspection and monitoring of local governments Section The inspection of local governments by the line Ministries and other State organs authorised by law shall promote adherence to the law and without limiting the generality of the foregoing shall— Subject to the Constitution and any other law, an authorised person carrying out the inspection shall have powers— promote and foster adherence to the rule of law and principles of natural justice and good governance; foster the elimination of corruption and abuse of office. to enter and inspect the premises or property of any council or local government as may be relevant to inspection; to inspect books of accounts, records, stores and any other documents and require any person to produce any documents or item connected with the inspection and where necessary retain any document or item connected with the case being investigated; to look into any matter on his or her own initiative or upon complaint made to him or her by any member of the public, whether or not that person has personally suffered any injustice by reason of that matter. An authorised person carrying out the inspection may attend any meeting of a council or commi...

Section Minister to give guidance Section Where, on receipt of a report on a council , the Minister is satisfied that a duty or power of a council is being exercised in an improper, unlawful or inefficient manner, the Minister may in respect of that duty or power cause a meeting of the council to be called and point out the irregularities found and give the council any guidance necessary. Where the Minister considers that the matter is of a grave nature, the Minister may institute a commission of inquiry to look into the matter. Where the findings of a commission of inquiry under this section disclose that an offence may have been committed, the Minister shall refer the matter to the relevant authority for appropriate action.