Lawyer petitions, wants mandamus order on extension of LCs term

Mbarara, Uganda | THE INDEPENDENT | A lawyer in  Mbarara, James Owebeyi has petitioned the Mbarara High Court demanding a judicial review against the extension of the term of office for the village chairpersons.

The Minister of Local Government, Raphael Magyezi recently extended the term of office for LCI and LCII chairpersons for another six months or 180 datys .

James 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 prays that the court declares that the minister’s action was 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 LCI and LCII 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 LCI and II.

He also argues that the extension of the term by the Minister of Local Government 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 Local Council 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 of Local Government and Respondent subscribe to.

Government on July 2 published the National Gazette a notice signed by the Local Government minister, the extension term for Local Councils 1 and 2 leaders giving them authority to serve for another six months before an election is held.

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