UGANDAN PARLIAMENT HAS PASSED THE CONTROVERSIAL REGIONAL GOVERNMENT BILL, SEEN BY OBSERVERS AS A MOVE TO DISMANTLE TRIBAL KINGDOMS.

News Analysis By Leo Odera Omolo in KISUMU city.

UGANDAN parliament on Tuesday afternoon last week passed a controversial Regional Government Bill 2009, which observers and political pundits were quick to point out, that the new legislation is aimed at dismantling the tribal kingdoms and traditional rulers in that country.

The Bill was tabled in the House by the country’s regional Minister, Adolf Mwesige. The Bill is expected to operationalize Article 178 of the Republican Constitution, which stipulated among other things that, “where two or more districts shall be free to cooperate in areas of cultural activities and development.

When a traditional or cultural leader exists in the region, that particular leader shall be the titular head of the regional government”. In other words, he will be a symbolic head who cannot make any decision for the region.

Critics of the new Bill, however, raised a number of issues, which they said must be addressed. They argue that although there is no problem as far as the legality of the Bill is concerned once it starts operationalising Article 178 of the constitution, there is a big problem of creating regional authorities in some places and not in other regions.

An opposition FDC party MP, Abdu Katuntu, who is also a lawyer by profession, set the debate alive by saying that he was of the opinion that the government should have come up with a uniform formula in regional government. ”We should by now be talking about uniform legislation that covers the entire country”, he added.

The lawyer-cum-politician further argued that creating another layer of government in some places and not in other is not good for Uganda.

On the provision that is making traditional cultural leaders titular heads of the regional governments, Katuntu was of the view that this provisions is basically meant “to calming of the nerves of the Baganda, so that they do not clamor for federal system, commonly popular as “federo””.

Then MP wondered aloud as to what will happen in the neighboring Busoga Kingdom, which is currently facing succession problems?
Buganda’s Attorney General, Apollo Makubuya, says Mengo is preparing to present its stands and position on the Bill. He says, Mengo is disappointed that the government went up to the stage of tabling the Bill in the House, without giving the Buganda Kingdom ca hance to negotiate as they had requested earlier.

“Uganda Kingdom”, said Makubuya, “want federal status {Federo} with a regional Prime Minister elected by the Lukiko {Traditional Parliament}, composed of the{ Kabaka’s appointees} and not by the population as proposed in the new Bill”.

Mengo {Buganda} also wants more control of land and taxes. The Mengo establishment, which allows the President of Uganda to take over the regional government, where there is  a failure to recognize regional sovereignty.

The Buganda is also opposed to the demarcation of MENGO municipality and Kampala City without consultation with the Buganda Kingdom, and so is the Entebbe town, which is housing the  State House, also right inside the Buganda Kingdom, and where he State House is situated.

“We will form the opinion and present it to the Lukiko, and the Lukiko will pass resolution on the matter that will be passed on to the  government of Uganda” said the Buganda’s AG.

Madame  Beth Kamya {FDC} pointed out that the Adoki Commission had established ,later confirmed by the Ssempebwa Commission, which reported that 68 per cent are in favors of the federal system. “On regional Tier, you do not share resources. It is up to the government to work out modalities on providing a grant. We do not want government grants, but a share of our resources,” she said.
‘We shall not accept the proposals contained therein the new regional constitution 2009”,she added..

Other critics of the new legislation say that the Bill will cause confusion in the country, where already decentralization system is in place to bring service nearer to the people. They also opposed pegging culture to the administration of the regional government.
“Why do you create another government with political, legislative, administrative, executive and cultural functions?”, the Opposition MP, Christopher Kabuzanga of the FDC wondered.

Another FDC MP, Reagan Okumu said, in Acholi region in the northern Uganda, there is no overall leader, since the Paramount Chief there is elected to serve for only a period of time.

The controversial Bill provides for the establishment of committees or organs within the regional parliament. The standing committee on cultural matters shall have the exclusive jurisdiction on the “cultural matters”. That includes the choice and establishment of committees or organs within the regional parliament.

The standing committee on cultural matters shall have exclusive jurisdiction on the cultural issues within the region which shall include the choice of  sub-clans leadership, traditional leaders, sites clans units and cultural protection, which is in conformity with the constitution of Uganda.

Each regional government shall be required to have a regional chief executive officer, who in turn shall also be the accounting officer for the region. The CEO shall also be the head of public service and administration security officer.

Madam Alice Alaso {FDC} contended that before the law is passed, “It is so important, you should have a thorough look at the document. If you pass it in hurry then you are going to mess the district local governments”. While the opposition MPs were up in arms against the Bill, the ruling NRM party MPs supported it and agreed with the Local government Minister.

Dr Sam Luonoki says he believes that for regional blocs to have certain interests, the regional tier arrangement can be good .
Like in the case with the Land Bill, the NRM government is capable of using its majority in Parliament to pass the Bill amid protests from Mengo and the Opposition MPs.

A former presidential candidate, Obed Bwanika cautioned the government against using its parliamentary majority in pushing the Bill through. “They are there to enact the law, but we shall mobilize the people to reject it”, he said.

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