By Steven Masiga
Mbale: When the National Resistance Movement (NRM) was fighting the previous regime from 1981 to 1986, it established the Resistance Councils (RCs) system to ensure that its leaders were elected, not appointed.
People at the grassroots, especially in areas like Luwero, elected their representatives to these councils to manage issues such as security and mobilization. The RCs served their purpose until around 1993 when they were replaced by the Local Council (LC) system, which carried a similar mandate.
The Constitution of Uganda emphasizes regular elections, as clearly stated in its formative provisions, particularly Article 1, which asserts that power comes from the people and that the people will determine their leaders at regular intervals.
The current LC system, specifically Local Councils One and Two (LC1 and LC2), was elected for a five-year term from 2018 to 2023. This mandate has now expired. Initially, the Ministry of Local Government extended their mandate by six months, and this July, an additional six months were added, making it a total extension of one year.
This extension raises important constitutional questions. Is it lawful to extend the tenure of elected officials without an election? Legal scholars might argue that such an extension is not in line with the relevant provisions of the law. Extensions of political tenures are typically justified in extreme circumstances, such as severe war or an attack on the nation—conditions that are not currently prevailing in Uganda.
Local Council leaders, like those in LC1 and LC2, derive their authority through elections. Their mandate effectively ended when their five-year term concluded. Any extension beyond this period without a fresh mandate from the electorate can be seen as an affront to the democratic principles enshrined in the Constitution. This prolonged stay in office raises several issues, including the legitimacy of the honorarium paid to these leaders and the legality of their actions.
To resolve this impasse, the best remedy is either a referendum on the matter or the prompt organization of elections. The Ministry of Local Government should not appoint LC leaders for communities, as even during the NRM’s struggle, the Resistance Councils were elected. It is crucial to maintain this democratic process.
Governance scholars should examine the implications of appointed politicians in public office. The LC system is a five-tier governance structure with numerous responsibilities, including monitoring government programs like the Parish Development Model (PDM) and Universal Primary Education (UPE). They also play a role in intelligence gathering and community policing, working closely with the police to prevent crime.
Among the ten-point program of the NRA was the commitment to regular democracy, which must be upheld. Elected LC leaders will have their actions and decisions respected. Many local council leaders have passed away, creating an urgent need for fresh elections. With the 2026 General Elections about 300 days away, LC elections might be in limbo for a while. However, the government should not undermine the trust of the people by failing to hold these elections promptly.
As an interim measure, LC3s should oversee LC1 and LC2 functions, with all official stamps and documentation held by parish chiefs or LC3s.
The writer is from Mbale.
