Today, must been a day that President Yoweri Kaguta Museveni have suddenly awaited for since writing a letter dated on the 17th July 2017 titled: “Re: Mushrooming Agencies/Authorities” sent to Finance Minister Matia Kasija, to tell this:
“Why, then, should you separate the policy role from the regulation role for the non-commercial bureaucratic portions of the government; Forests, National Parks, Roads, NAADs, etc? Their functions are just two: policy and regulation. There is no business involved. If the Ministries of Works and Finance want to form Road Construction companies that will compete for construction jobs, then it makes sense for those companies to have Boards and Management but not a Board for a unit whose only job is to award contracts using government money” (Museveni, 17.07.2017).
That is why the Press Conference done by Frank Tumwebaze today, was to tell what the giant Cabinet has decided to do on the 10th September 2018. Which is more than one later and also 9 months after the fixed deadline President Museveni gave to Cabinet. Seemingly that haven’t matter. What matters to me, is that they are closing Authorities and such, which is there by law. They are not repealed or gone, as the Cabinet of 80, should be able to figure that out, but certainly they are more preoccupied with doing measures that pleases the President.
I will looking into a few of the Agencies and Commissions that are now in the spotlight, as most of these are parts of laws and are in-forced. Meaning, this laws needs to be repealed or amend them. To take away the legality of having the set commissions and such. This is something the President and the Cabinet should already know, however, this is more a learning sessions of the ones that is mentioned for being reverted into the Ministries of the Republic.
With the likes of Uganda Retirement Benefits Regulatory Authority (URBRA), which was commencement on the 26th September 2011. Have the cabinet a plan to repeal the Uganda Retirement Benefits Regulatory Authority Act of 2011? Until then, they cannot discontinue this Authority, right?
The same can be said with Uganda Free Zone Authority (UFZA), which was established because of the Free Zone Act 0f 2014. The Uganda Investment Authority (UIA) was established by enactment of the Investment Code Act of 1991. The same can be said that Uganda Export Promotions Board Act of 1996 established the Uganda Export Promotions Board (UEPB). This is just three acts, which shows there was laws creating these ones, that being URBRA, UFZA, UIA and UEPB. This I did with very little or no research, all of these laws are still in-force, meaning that they have to repeal these to kill of these boards and authorities.
Who knows if it similar with the rest of the Authorities, but if I was working there, I would sue the government as the laws are allowing their existence and their mandate under a minsitry and lawful funds to operate. Therefore, there should be reactions to the Cabinet Resolutions.
At this point, if there is any rule of law and the laws have some value, than the government should work on repealing the Authorities laws and ensure there is no legal ground to keep them alive, if they are a waste of government resources. Until, then, the laws are giving them mandate and also a lawful existence, no matter what the Cabinet enacts or written resolutions. Peace.
MinBane 