Africa-Press – Uganda. With almost two years without a substantive District Service Commission, authorities in Nakasongola District will have to pay Mr James Kigudde Shs29 million after his name was rescinded for appointment as commission chairperson last year, according to the Solicitor General.
However, payment of the said money to Mr Kigudde does not automatically resolve the standoff that has resulted in the non-recruitment of more than 100 workers in the past couple of years.
The Solicitor General’s advice is in response to an earlier letter dated June 27, 2023 authored by Nakasongola District authorities seeking guidance after Mr Kigudde threatened to sue the district over nonpayment of his remuneration as District Service Commission chairperson.
In his letter signed by Mr JBR Suuza on behalf of the Solicitor General dated October 10, the contention about the eligibility of Mr Kigudde to serve as chairperson of the District Service Commission is clarified under Article 198(2) of the Constitution and Section 54(2) of the Local Government Act that provides that a DSC shall consist of a chairperson and such other members as determined by the district council whose office term if four years.
“By virtue of the above provision, the position of chairperson is separate from that of the members. Consequently, where a serving member of a DSC is appointed chairperson, approved by the Public Service Commission and accepts the appointment, he or she automatically ceases to be a member representing any group envisaged under the law. The earlier position held as member becomes vacant by operation of law,” the SG’s letter reads in part.
The letter also clarifies that once Mr Kigudde became the chairperson by virtue of his appointment, the district council could not just rescind his appointment. The Local Government Act specifies the procedures for removal of a member of the DSC that include, inability to perform duties due to physical or mental incapacity, misbehavior, misconduct and incompetence. The conditions are the same for the DSC chairperson.
Background
On May 11 2021, Nakasongola District Council appointed Mr Kigudde as chairperson of DSC but his appointment was cut short after the Public Service Commission rejected him on grounds that he had not resigned the position of representatives for the urban councils when he accepted the appointment as DSC chairperson.
Between 2021and 2023, the different government entities, including the office of the Attorney General, Solicitor General and the Public Service Commission through the different correspondences gave conflicting interpretations about Mr Kigudde’s appointment. One of the correspondences is dated August 9, 2021 authored by the Secretary to the Public Service Commission (PSC). The letter was clarifying the reasons why the PSC declined to approve the appointment of Mr Kigudde as DSC Chairperson for Nakasongola.
The District Council acted on the different correspondences when they rescinded the appointment of Mr Kigudde as Chairperson of the DSC in June 2022, Mr Rogers Sunday Bwanga, Nakasongola District Council Speaker told this publication on October 19.
The District Council has scheduled a meeting on October 20 to respond to the new development and possibly lay a final plan for the way forward.
Mr Sam Kigula, the Nakasongola District chairperson said Thursday that the absence of a substantive DSC has greatly affected the smooth running of the district.
“We have not been able to recruit key staff for the different positions including the teachers. This has greatly affected the service delivery programme,” he said.
Source: Monitor
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