the FINAL court order on Lukwago, and the statements by the minister for Kampala and the attorney general


THIS is the text of the Court Order (not verbatim) issued today:

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THE COURT ORDER (EXTRACTED):

a. An interim injunction doth issue restraining the Minister in charge of Kampala Capital City, his agents and or servants and all persons acting under his authority from acting on the Report of the KCCA Tribunal (2013) Constituted to investigate allegations against the Lord Mayor of Kampala Capital City Authority Pursuant to a Petition of CounciLlors of Kampala Capital City Authority until the final determination of Misc. Cause No. 362 of 2013.

 

b. An interim injunction doth issue restraining the 1st Respondent, the Minister in charge of Kampala Capital City Authority, their agents and or servants, CouncilLors of Kampala Capital City and all persons acting under authority of the 1st Respondent from proceeding with vote for the removal of the Applicant for the office of the Lord Mayor, Kampala Capital City Authority until the final determination of Misc. Causes No 362 of 2013.

 

c. An interim injunction doth issue restraining the 1st Respondent and/or the Minister responsible for Kampala Capital City from convening a meeting of Kampala Capital City Authority to discuss the report of the Tribunal and proceeding with a vote for the removal of the Applicant from the office of Lord Mayor of Kampala Capital City Authority until the final determination of Misc. Cause 362 of 2013.

 

d. An interim injunction doth issue restraining the Minister responsible for Kampala Capital City from convening a meeting of Kampala Capital City Authority to discuss the report of the Tribunal and proceeding with a vote for the removal of the Applicant from the office of Lord Mayor of Kampala Capital City Authority until the final determination of Misc. Cause No. 362 of 2013.

 

e. Costs of this Application be provided for.   

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And THIS is Minister Frank Tumwebaze’s Statement in response, issued a couple of hours later:

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MINISTER’S STATEMENT ON THE CASE OF ERIAS LUKWAGO VERSUS THE ATTORNEY GENERAL AND THE TRIBUNAL INVESTIGATING THE PETITION AGAINST THE LORD MAYOR VIDE MISCELLANEOUS APPLICATION 445 OF 2013.

 

28th November 2013

 

The former Lord Mayor Erias Lukwago filed an application against the Attorney General and the tribunal investigating the petition against the Lord Mayor vide Miscellaneous Application 445 of 2013, seeking interim orders to bar myself, the Authority councillors, agents and any other persons from convening a meeting to deliberate on the Tribunal’s report and not to conduct any further acts pursuant to that report.

 

By this time, I had convened a meeting of the Authority scheduled for the 25th of November at 9.00 a.m. at KCCA Authority chambers. On the said date, the Authority councillors in attendance voted on a resolution to remove the Lord Mayor from office when twenty nine Authority councillors voted in favour of the Lord Mayor`s removal and three voted against. The Lord Mayor ceased to hold office at 9.30 a.m. when the said resolution was passed.

 

Today, I have learnt that the High Court has issued an interim injunction barring myself, the Authority councillors and agents and other persons from convening a meeting to deliberate on the Tribunal’s report and not to conduct any further acts pursuant to that report until the main cause is heard.

 

I have further learnt that the Attorney General drew it to the attention of the Learned Judge both in his letter to the Court on 26th November 2013 and in his statement before the Court today that the impeachment proceedings had been concluded prior to grant and service of the initial interim order. The Learned Judge has instead chosen to proceed and pronounce himself on the second interim order as if these facts had not taken place.

 

The interim injunction has thus been issued on the 28th of November 2013 seeking to stop the meeting that occurred on 25th November 2013. The interim injunction is therefore impossible to implement as we cannot stop a meeting that has already occurred. Infact the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has been accordingly informed.

 

We are not able to implement the order since clearly it has been overtaken by events which the Court was not able to consider in these applications. We have however sought the legal advice of the Attorney General on this matter.

 

 

 

Frank Tumwebaze

MINISTER FOR THE PRESIDENCY AND IN CHARGE OF KAMPALA CAPITAL CITY

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And THIS is the Attorney General’s Statement issued a couple of hours later still:

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ATTORNEY GENERAL’S STATEMENT ON THE CASE OF ERIAS LUKWAGO VERSUS THE ATTORNEY GENERAL AND THE TRIBUNAL INVESTIGATING THE PETITION AGAINST THE LORD MAYOR VIDE MISCELLANEOUS APPLICATION 445 OF 2013. 

 

28th November 2013 

 

 

This afternoon, High Court Justice Yasin Nyanzi granted the former Lord Mayor Mr. Erias Lukwago the following reliefs:- 

 

1. An interim injunction restraining the Minister in charge of Kampala Capital City from acting on the report of the KCCA tribunal. 

 

2. An interim injunction restraining the Attorney General and the Minister in charge of Kampala Capital City and the KCCA Councillors from proceeding with the vote for his removal from office. 

 

3. An interim injunction restraining the Attorney General and/or the Minister for Kampala Capital City from convening a meeting of KCCA to discuss the tribunal report. 

 

4. Costs of the application. 

 

 

The background to this ruling is as follows:- 

 

The former Lord Mayor Erias Lukwago filed an application against the Attorney General and the tribunal investigating the petition against the Lord Mayor vide Miscellaneous Application 445 of 2013, seeking the above interim orders. 

 

By this time, the Minister for Kampala had convened a meeting of the Authority scheduled for the 25th of November at 9.00 a.m. at KCCA Authority chambers. On the said date, the Authority councillors in attendance voted on a resolution to remove the Lord Mayor from office.Twenty nine Authority councillors voted in favour of the Lord Mayor`s removal and three voted against. The Lord Mayor ceased to hold office at 9.30 a.m. when the said resolution was passed by the Authority. 

 

On the same day the Assistant Registrar of the High Court issued an interim order that sought to stop the process of impeachment of The Lord Mayor. Unfortunately, by the time the order was issued and communicated, the process of impeachment had been completed. 

 

This position was communicated in my letter to the Court on 26th November 2013 and in the State Attorney’s address to the Learned Judge before the Court delivered its ruling today. The Court however felt it was better to deal with the application and the facts as they stood when the application was filed on 20th November 2013 ie. as if the meeting in which the Lord Mayor was impeached had not taken place. 

 

The interim injunction has thus been issued today, the 28th of November 2013 seeking to stop the meeting that occurred on 25th November 2013. The interim injunction is therefore impossible to implement as we cannot stop a meeting that has already occurred. Infact the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has accordingly been notified in accordance with the law. 

 

None of the reliefs granted to Mr. Erias Lukwago by the High Court requires his reinstatement to the office of Lord Mayor. The resolution passed by the KCCA councillors removing Mr. Lukwago from the office of The Lord Mayor remains valid. 

 

Much as it is the obligation and desire of this office to implement all orders of Court, the fact that the orders have been issued after the authority meeting has taken place and resolution for removal has been passed, this makes the orders unenforceable. I am however taking steps to have the order discharged by the Courts. 

 

 

 

Hon. Peter Nyombi 

ATTORNEY GENERAL

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