INTERNATIONAL UNIVERSITY OF EAST AFRICA,

FUCULTY OF LAW.
ADMINISTRATIVE LAW
NAME. NAHURIRA WILLIAM
REG NO. 21/UG/991/LLB=S

QUESTION. Diccuss the relevance of procedures followed by the local governments in

exercising their legislative powers.

Introduction.
The governance of uganda is not the responsibility of the central govermenment alone.
There is sharing of powers between three organs of the government and the people at local
level through decentralisation policy. This principle is premised on the 1995 constitution of
uganda, it transfers authority and responsibility of major government functions from central
government to local government.
Some of these powers are legislative powers. The legislative powers of local governments
are derived from Art 206 (2)(b) of the Constitution. It provides that Parliament shall make
laws enabling local governments to make laws, regulations or other instruments for the
administration of their areas of jurisdiction. Pursuant to this article, the Local Governments
Act has provisions relating to local government legislation. Section. 38 gives District Councils
to make ordinances for their areas. In similar terms Section. 39 gives lower local
governments power to make bye laws.

Relevance of the procedures followed by the local government in exercising their

legislative powers.
The procedures taken by the local government in legislating are impotant to the prcess in
the following ways.
The fact that the local government is granted power to legislate laws under art 206 of the
1995 constitution and section 38 of the local government act cap 243, this enebles the local
people to have simplified laws governing them and those that fit their standards.
The third schedule of the local government act part IV provides for procedure for legislation.
Rule 15(1_3) the shedule recognises the right of all members of the district council to
introduce abill from any ordinance, afforded reasonable assistance and the bill then is
introduced by the motion, if the motion is carried then the bill is published. This step of the
procedures taken while legislating hepls members of the council to exercise their rights by
introducing proposals of the bills they deem fit. Rule 15 (2) allows reasonable assistance of
the member who introduces a bill, this must be aimed at increasing the validity of the bill.

Regulation 16 (1a_d) provides that “The council shall, not later than fourteen days before a
bill is to be debated by the council, publish the draft—
(a) by fixing a copy of the bill in a conspicuous place on or near the outer door of the office
of the district council during office hours;
(b) by including the bill as a supplement to an official local publication, if any;
(c) by availing copies of the bill to the public; or
(d) in any other manner as is customary in the area.” This step of the procedure anables the
public to be aware of the bill in the process of legislation, this is also one way of having the
public consent to the bill or either express their reactions to it.

Regulation 17 (1_2) provides that each bill shall be identified by a title placed at the
beginning of the bill and the title of the bill shall include the subject matter of the ordinance
in general terms. This step of the procedure of regulation in a sense that it honours the
importance of the tittle as showing showing the subject matter. This also helps members of
the council and local public to easly identify what the bill is about and what it entails. Further
still to have headlines of the bill more relevant, Regulation 18 (1) of the third schedule of the
act provides for the ordaining clause to put more light on meaning of the act.

Regulation 19 provides for distribution of copies to all councillors. This is to anable members
to study the bill and consult on it to the subjects in their constituencies hence this procedure
being relevant in this way.

Regulation 20 of the local government councils regulation provides for debating of the bill.
This regulation is relevant because it allows members of the council express thier thoughts
about the bill and amend it if need be, it also hepls the members to exercise their duty and
pass the bill if there is no clause amended.
Finally in coclusion, regulation 21. Of these procedures provides for signing of the bill into an
ordinance and publication. This provides that “On the return of the bill from the Attorney
General with or without amendments, the chairperson shall place his or her signature on
five copies of the bill which copies shall be kept as follows—
(a) the chairperson, one copy;
(b) the speaker, one copy;
(c) the Minister, one copy;
(d) the Attorney General, two copies one of which shall be for publication in the Gazette.
(2) On publication of the ordinance the date of signature and the date of commencement
shall be indicated, and the ordinance shall be given a number in order of publication of the
ordinances.
(3) An ordinance shall be published in the Gazette and also in the district in the same manner
as the bill is published in the district. This allows members of the council to express thoughts
on the bill, exercise their duty by publishing the bill and share copies to the relevant
authorities of which the attorney general, to anable publication of the bill in the gazette.