Unlawfully terminated district service commissioner compensated
Despite the revocation of his appointment and the Chief Administrative Officer's refusal to pay him, the District Executive declined to nominate his replacement, insisting that the council resolution was unlawful.
The Solicitor General has given the green light for the compensation of James Kigudde, the former Nakasongola District Service Commission Chairperson following the unlawful termination of his appointment.
Kigudde was appointed as Nakasongola District Service Commission chairperson on January 31st, 2022.
However, the district council revoked his appointment on grounds that he had not resigned from his previous position, as a representative of urban authorities on the same commission.
Despite the revocation of his appointment and the Chief Administrative Officer’s refusal to pay him, the District Executive declined to nominate his replacement, insisting that the council resolution was unlawful.
In a news letter to the Chief Administrative Officer, JBR Suuza, writing on behalf of the Solicitor General’s office, stated that, “when a member of the commission is elevated and accepts an appointment as chairperson, they cease to represent any other group, and the previous position automatically becomes vacant”
The Solicitor General added that, “the District Council could not revoke Kigudde’s appointment without valid grounds, as specified under section 54(4) of the Local Government Act, which includes inability to perform the functions of the office, incompetence, and misconduct”
He also clarified that the procedure for removing the Chairman of the DSC is the same as that of the district, as per section 14 of the Local Government Act.
He stated that accordingly, “Kigudde is the lawful chairman of Nakasongola District Service Commission, and consequently, he is entitled to retainer payment from the date of appointment until the expiration of the tenure of the Nakasongola District Service Commission, in accordance with section 54(3) of the Local Government Act”
Sam Kigula, the LC 5 Chairman of Nakasongola, welcomed the guidance, stating that it would put an end to the conflicts that had hindered the commission’s composition and subsequently affected service delivery.
