The Local Government Systems In Uganda

Introduction
After studying this chapter, you will be able to understand the relationship between the central government and the decentralized systems of government in Uganda. You will understand the role and the structure of Uganda’s local government systems, you will also understand the channels through which the government can serve its people at grassroot levels. Basically it provides local services at LC levels, and justice through different levels of local courts. Local government systems are a combination of both
local government and the local administration units of the state.

Activity 2.1
Writing about the local government positions
a) In pairs write down the local government positions starting from the village level to the district level.
b) Exchange your work with another pair and read each other’s findings.
c) Present the local government positions you have written to the teacher.

Understanding Local Government
The local government systems existed before the British colonial government. When the colonialists came they used the same structures to enforce their power through indirect rule. These local government powers were later enhanced after independence. They were given the powers to control and manage social services at local levels. These service includes primary education, health services, feeder roads
and social community services.
The constitution of Uganda provides for two types of government systems namely; the central and the local governments. While central government deals with policy and provision roles, the local government implements the delivery of the services to the local people. This is done to enable government services reach the local people.

Using the national budgets, central government is able to fund the activities of the local governments. In Uganda local services are provided at district or city levels. Briefly, the central government is responsible for policy setting, monitoring, support and supervision, while the local governments are responsible for receiving the funds from the central government and delivering services to local people. They work under
a decentralised system of leadership. The affairs of local government are managed and controlled by the Ministry of Local Government. The table that follows will help you understand more the background of local government systems/structures.
Table 2.1 Local overnments stems

Uganda is a democratic republic with a governance system made up of national and local governments. These are provided for under the 1995 constitution of Uganda. The consititution provides for a system of decentralisation at local governments in the Local Governments Act of 1997 (and its ammendments).
A local government is the authority that determines and executes policy at district and sub- county levels. The sub-county is the lowest level of public administration. Local governments act only within powers specifically delegated to them by the central government. Local governments in Uganda are well laid down in the law. The local government structure draws a line between responsibilities of central and local governments.
Local governments were established to improve decision-making and to ensure that people participate in the decision-making over matters that concern them. The role of government in this respect is to allocate resources/funds to local governments to enable them carry out their activities according to needs of their people.

The Structure and Roles of Local Government in Uganda
The Ministry of Local Government is the principal supervisor of local governments. It ensures that service delivery is provided at the grass root level. It oversees the local government operations to ensure social economic transformation. Local governments vary in size and population depending on the geographical location. There are both urban (towns and municipalities) and rural local governments. Figure 2.1 presents
the local government structure.

The LCI is the lowest political administrative unit in Uganda. Each village in Uganda is run by a Local Council (LCI). The Local Council (LCI) is led by the Chairperson L Cl. It is a council of nine elected members. Any area with a population of 50 to 80 households is considered a village local government. However, in some cases it may range between 250 to 1000 people. At the village level, the chairperson is the first
point of contact to identify and address people’s needs. He is also the first point of contact in providing the residents with national IDs- At the village level, all residents aged 18 and above are by default members of the village.
Beyond the LCI is the LCII (Parish), LCIII (sub county), LC IV (county) and LCV (district). LCI, LCII, LC Ill, and LCV are led by Chairpersons who perform different roles at each level. A parish is made up of a number of villages to form LCII. A sub-county is made up of a number of parishes to form an LCIII. A county is made
up of several sub-counties to form the LCV. However, the county only remains a constituency for parliamentary election and representation. From the subcounty, the next political administrative level is the district. The district is the highest political administrative local government unit. It is made up of several counties.

Cities are also considered to be districts in Uganda. They are made up of divisions.
At each level of the local councils LCI to LCII is run by the Local Council Chairperson with a committee. Beyond LCII there is a local council leadership and the technical team appointed by government to handle technical issues. This is led by a Parish Chief. At the LCIII there is Senior Assistant Secretary (SAS) as a technical person. At the district level the technical person is the chief administrative officer (CAO). The
chief administrative officer is appointed and posted to the local government by the central government.
The LCIII and LCV councils have elected representatives that form councils that are more or less parliaments with a speaker and deputy speaker. They have representation from government and NGOs officials. In major towns, the municipality is the equivalent of a county. Each county in Uganda is represented at the national level by an elected member of parliament.

Identifying the structure of local councils
Activity 2.2
a) Identify the name of your village and sub county of your local area and the services they provide to their people.
b)Explain the challenges faced by your village council in the provision of services to the people in your area.
How has your area benefited from the established local councils?

The Contribution of Local Governments in Uganda
The main reason for the establishment of local governments is to ensure that services and facilities reach the people. The local governments provide a range of services such as social welfare, schools, housing, planning, waste management, road construction and maintainance, traffic, economic and community development in their areas of jurisdiction. They ensure a safe and healthy environment through
rotection and management of waste.

They take decisions on behalf of their people through the councils of elected representatives. The representatives discuss the peoples’ issues and make decisions that address the issues at that level.
The councils initiate development programmes in their areas based on people’s needs. These developments improve the services and the quality of life of people.
The development programmes target infrastructure and provision of social services like education, health, as well as water and sanitation. These programmes are done in partnership with the local communities and non government organisations(NGOs).

Councils mobilise resources for maintenance of local infrastructure and improvement of local services. in their local areas. Whereas the primary source of revenue for local government are transfers from government, the transferred resources are not
enough to meet the needs of individual councils. Councils therefore have to look
beyond government transfers to mobilise more resources locally. Other sources Of
revenue may be in form of property taxes, licenses and user fees.

Much as the delivery of services is done by local governments, the government has shared responsibility of ensuring that the services are delivered to the people. The central government allocates resources to local government. It also provides policy direction and regulation to them. Through the ministry of local government, the central government monitors and supervises local governments in resource utilisation and initiates laws that guide proper functioning of local governments.
The central government also oversees areas of national interest which cannot be handled by local governments. The areas include security, national defense, foreign affairs and the environment.
1 Explaining the contribution of local governments in Uganda
a)Identify the contributions of the local government in your area.
b)Explain the challenges of the local government in your area.
b)As a student of History and Political Education, how would you advise the local government to improve their service to the people in your area?

Local Courts in Uganda
The local courts were established in Uganda by government after realising that community conflicts could not be handled entirely by the state courts. Many people were resorting to lower-level institutions like the local council courts (LCCs) as well as traditional institutions in dispute resolution. The government through the Local Councils Act, established the local council courts for the administration of justice at the local levels. Local courts refer to courts whose powers are limited to a particular
area or territory.

The courts were established at village, parish, town, division and sub-county level. This was because of their high value and the fact that they are trusted by communities. They are also their accessible and affordable by the community members. They have vast knowledge about local issues and sessions can be conducted using local languages which people understand, They protect the rights of the most vulnerable
groups in communities like widows, orphans, the elderly and the illiterate since they are knowledgeable about most issues in their areas. They settle disputes using witnesses in matters before courts. They also carry out mediation between warring parties.
The local courts consist of nine members on the executive committee of the village or parish councils. However, at the town council, division council or sub-county council, membership is composed of five members who are appointed by the town council, division council or sub-county council on the recommendation of the respective executive committee. Their decisions are recognised like any other court in Uganda.

Lower courts in Uganda operate on three levels, that is village, parish, and subcouty. Any matter beyond these levels is referred to the magistrate’s court and may proceed to courts higher up the hierarchy.
The local courts are useful in handling cases of marriage and divorce, land among thers. They have helped those who cannot afford costs of litigation.

Discussing the advantages and disadvantages of local courts
Activity 2.4
in Uganda
a)List the advantages and disadvantages of local courts.
b)Explain how people have benefited from local council courts in your community.
c)Discuss the challenges of local courts in administering justice in local communities.

Hierarchy of Courts in Uganda
Uganda was a British colony and so adopted the English legal system. This legal system is based on English Common Law and customary law as iong as the customary law does not conflict with statutory law.
Courts in Uganda apply the law to specific complaints brought before them. They also resolve disputes between people, orgnisations and government. They protect people against abuses that may be inflicted upon them by all branches of government.

Figure 2.5: A supreme court session in Uganda
The court hierarchy therefore provides structure and clarity as to how the justice is administered. The levels of courts deal with particular levels of dispute or criminal offence. The court hierarchy allows appeals to be made to higher courts in case one is not satisfied with the decisions taken in a particular court. It gives a smooth appeal process from lower to higher courts. In doing so, it distributes the load of court cases and reduces on the delays on less serious cases and allows higher courts to
concentrate on serious cases.
The court hierarchy starts from the magistrate’s court which is the lowest court, the high court, court of appeal and the supreme court. The decisions of a court are subject to review by a court above it.

Discussing the challenges of the hierarchy of courts in Uganda
Activity 2.5
a) Identify the challenges of judicial hierarchy in administration of justice in Uganda.
b) Explain how these challenges can be addressed.

Chapter Summary
In this chapter, you have learnt that the local government structure derives power and its functions from the state through the Local Government Act. The local governments exist to provide social services and the required infrastructure in the communities and they enforce local laws as well. The leadership of local government comes from the elected members, and the appointed and the technical staff approved by public service. They mobilise resources to maintain, grow and improve local infrastructure and provide social services in addition to resources received from central government. The local courts administer justice at the local level.