New law to give district councillors more powers

The Ministry of Local Government has drafted a new law that would empower advisory councillors in their oversight functions over district executive committees. 

Sunday, June 01, 2014
Mayors and other local leaders at a past meeting. File.

The Ministry of Local Government has drafted a new law that would empower advisory councillors in their oversight functions over district executive committees. 

Under the current law, councillors are wary of freely exercising their powers because some of them are civil servants–mainly teachers and nurses–employed by the same committees. 

The law gives the mayor power to dismiss a member of staff in the decentralised institutions whose salary is paid through the district budget. 

But the new law seeks to set up an autonomous council that will supervise (hire and fire) local government workers in districts. 

During his visit to Ngororero District last week, Local Government minister James Musoni was told by the councilors of their concerns in exercising their duties, citing conflict of interest, especially for civil servants.  

"The law gives us the mandate to supervise the district executive committee, to reprimand or dismiss any member of this committee, but in most cases we are not independent because they are our bosses in our public jobs,” said Straton Igiraneza, the vice-president of Ngororero Advisory Council.  

Igiraneza said once they dismissed some officers over failure to deliver, but the officials complained to the Public Service Commission. 

They were recommended to the district, which welcomed them back. 

"This was a warning that even if our mayor makes a serious mistake, we would think twice before making any decision against him,” said Igiraneza. 

His board is made up of 26 councillors, 95 per cent of whom are teachers in public schools. 

However, this is not necessarily the case in other districts like Nyanza. 

"The majority of the people making up our council are not people the district officers have authority over.  It was deliberately done to ensure the council operates with independence without people having to fear for their jobs,” said Kambanda Rucweri, the president of Nyanza District Council. 

Rucweri is self-employed. 

In Ngororero where he had attended the District Assembly, a meeting that brings together local leaders, civil society and private sector to discuss development, Musoni said councillors have powers, and they should exercise it. 

"We have a draft law that will enable the creation of a board of teachers and medical practitioners, with oversight powers instead of them being under direct supervision of districts,” he said. 

The district council is regulated under the September 2013 law determining the organisation and functioning of decentralised administrative entities.