Module 8 (Kevin)

8/2/2019 Module 8 (Kevin)

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Step by Step Guidelines for Developing

Ordinances


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Introduction

The Local Government Act,1997, Chapter 243 gives

legislative powers to local government Councils to enactordinances and bye-laws for proper and effectiveimplementation of government programmes, nationalpolicies and laws.

The District Councils have powers to formulateordinances while the lower local governments havepowers to formulate bye-laws.Formulation of these ordinances and laws has been one

of the challenges faced local councils due to limitedfunding and expertise.


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Introduction

This presentation on the Step by Step Guidelinesfor making Ordinances and Bye- laws is thereforeintended to illustrate in a simple way theprocedures for making Ordinances and Bye-laws byboth the District Councils and lower LocalGovernments. These guidelines are based on theLocal Government Act,1997 as amended.An ENR ordinance is important for conservation,improved ENR productivity and is also aninstrument for resource mobilization and allocation.


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DefinitionsIn the context of Local Governments, ordinances arelaws made by District Councils and City Councils in

accordance with the procedure provided for undersection 38 of the Local Government Act.Bye-Laws are laws that are made by lower LocalGovernments such as urban councils, sub-countycouncils, divisions and village councils in accordance

with the procedure provided for under section 39 ofthe local government Act.A Bill is a draft law, an Act is a law passed byparliament, a decree is a law made by the executivewhen there is no standing elected legislative body.


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Definitions

A Statute is a general term used to refer to acollection of all written laws. They also refer to lawsmade by a legislative body other than electedparliament eg laws that were made by the NationalConsultative Council-1980 and NRC-1986.Principal laws and Subsidiary laws. Principal lawsrefer to Laws made by Parliament whereassubsidiary laws are laws made by a minister or anyother authority exercising power given to them byparliament under a principal law


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Guiding rules

When making laws the council should be guided by the followingrules.

Address local issues and not individual concerns;Not duplicate or conflict existing laws passed by the same council;Issues adequately provided for by the Constitution or an Act ofParliament should not be included in an Ordinance or Bye-lawexcept for ease of reference in which case the section has to be

reproduced.Nature and extent of the problem and the justification for passingan Ordinance or a Bye-lawOrdinances or Bye-laws must be reasonable and enforceableLocal councils do not legislate on judicial powers.


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Guiding princplesThe ordinance or Bye-law must be consistent withthe constitution and other laws.

Ordinances may create offences and penalties,however penalty should not exceed two currencypoints or term of imprisonment not exceeding 6months.


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Step 1: Appointment of a LawCommittee

The appointment of the Law Committee by the District Council.The Committee is composed of 7 members the CAO being theChairperson,Clerk to Council as the Secretary,

Legal Officer,Coordinator Community based services and

3 other co-opted members. Such members may either bemagistrates, State Attorneys or head of departments on thematter concerned.


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After the formation and composition of the Law Committee therelevant department at the District through its technical officers

will: Identify the problem that needs to be addressed by the legal

means. The identify the impact of the problem to the community. Will also consider how the problem is being dealt with or

tackled by people affected by the problem. Example of sucha problem may be rampant destruction of crops by vermin.

Step 2: Problem identification


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Step 3: Examination of the Existing lawsand Identification of Gaps in theExisting Laws

After identifying problem the Law Committee will: Carryout an audit or examination of the existing laws i.e.

Constitution, Acts/Statutes, Ordinances, Regulations andBye-Laws.

The purpose is to establish whether there are laws in placeto handle/solve the problem identified.To avoid duplication and conflicting with the existing laws.The examination will also help to propose the way forwardin case there is no laws/ordinance to solve the problem athand.


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At Consultation Stage the Law Committee does the following:The Law Committee will carry out consultations with people and

authorities to enable build consensus on key aspects/issuesthat will be incorporated by the draft bill at the drafting stage.Consultations with concerned stake holders will help determinewhether or not the law will be successfully implemented.The Law Committee which is mandated by the Council shouldensure that all relevant authorities, the constituents,stakeholders and other organizations to be affected by theOrdinance are consulted.

Step 4: Consultation Stage


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Continued...Consultations may be organized or conducted through groupdiscussions, rallies, meetings, sending questionnaires and any

other means it considers appropriate for information gatheringThe Law Committee writes a report to the Council incorporatingthe findings, institutions to implement the resulting law, keyguiding principles and issues to be contained in the Bill.The Council will transmit the report of the Law Committee to the

responsible department.


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Step 5: Drafting Stage

The following is done on receipt of the report: The responsible department will in consultation with the

CAO prepare a summary of aspects the bill should address. The Law Committee receives back the report from the CAO

and in conjunction with the responsible departmentprepares the draft Bill.

Upon completion of the draft Bill the Clerk to Council whodoubles as the Secretary of the Law Committee shallpresent the bill to the Council.


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Step 6: Proposing and Introducingthe Bill to Council

When the Committee is satisfied with the draft Bill, it shall: Prepare a motion which shall contain the main issues and

rationale of the Bill. The Secretary/Clerk to Council shall forward the Bill

accompanied by the motion to the Council for tabling anddebating.

The motion shall outline the purpose and objectives of theBill, key provisions and issues.

The council debates the motion and if the motion is passedby majority vote, the Council will publish the Bill at leastfourteen days before commencement of its debate.


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Step 7: Publication and

dissemination of the draft bill

Publication of the bill is a mandatory requirement.Publication of the draft Bill helps in the following ways:

It enables the public to contribute and participate in the lawmaking process.The draft Bill is brought to the attention of the members of thepublic to view and make their contributions.Publication and dissemination is done in the following ways: Fixing a copy of the draft Bill in a place where the public can

easily access it i.e. on the notice board and the outer doorof the office of the district council.


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Publication and dissemination

By including the draft Bill as a supplement to an official localpublication , if the district council has one.

By posting copies of the draft Bill to public either by sendingor pinning a copy at notice boards of various sub countiesand urban areas or villages.

By putting a copy in a local or national newspaper with widecirculation and readership in the district.

By putting copies in places of worship, market places andother public places.

The Clerk to Council must ensure that each member of theCouncil get a copy to enable them study the draft Bill andconsult on it in their constituencies.


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Step 8: Debating the Bill

Debating of the draft Bill commences immediately after theelapse of 14 days.

Where there is an emergency, the 14 days period ofpublication may be waived by a resolution of the Council.

Before commencement of the debate the Speaker shallinvite the member or head of the committee whose docketunder whose the draft Bill falls to introduce the Bill.

Upon introducing the Bill, the Clerk to Council shall thenread the title of the Bill.


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Continued..

The Speaker shall call upon the member introducing the Billto give introductory speech giving reasons for introducingthe Bill and what it is intended to achieve.

After the speech of the member introducing the Bill, theSpeaker shall invite the Council members to debate the Billbased on the memorandum and the introductory speech.

Members of the Council may be allowed to makeamendments in writing and submit them before the closureof the debate.

At the close of the debate the Speaker shall put thequestion in respect of each clause of the Bill as published oras is amended by any member.


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Debating the Bill

The Bill shall be passed if the members pass through votingall clauses as published or amended by the Council.

Upon passing the Bill, the Council formally dissolves andadopts the Ordinance.

The adopted Ordinance shall be sealed with the Seal of theCouncil which is affixed after the schedule or plan if any isto be included in the Ordinance.

The Chairperson shall sign and date the document.


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Step 9: Certification of the Bill by theMinister

- When the Bill is passed and adopted by the Council, it isforwarded to the Attorney General through the Minister of

Local Government for certification as provided for underSection 38 and third schedule of the Local Government ActCap 243.

The main purpose of certification is to ensure that theOrdinance complies with other national laws and policies

governing the subject being covered. The other purpose is to ensure that the Ordinance is not

inconsistent with the Constitution or any other law passedby Parliament.

The application for certification of a Bill should be signed by

the District Council Chairperson.


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Step 10: Signing and depositing ofcopies

After certifying the Ordinance: Five copies of the certified copy shall be signed by the

Chairperson. After the chairperson has signed the Bill shall become law. The Ordinance shall be distributed to; one copy to the

chairperson, one copy to the speaker, one copy to theMinister responsible for Local Governments, two copies toAttorney General of which one shall be for publication in theGazette.


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Step 11: Publication of an Ordinance

The Council is obliged to notify the public about the newOrdinance and when it is going to commence.

The Attorney General shall cause one copy of theOrdinance to be published in the official Gazette.

On publication of the Ordinance the date of signature andcommencement shall be indicated.

The date of commencement is fixed by the relevant council. The Ordinance shall be given a number. The number given shall be in order of its publication among

Ordinances of all districts in Uganda.


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End

Thank you

Documents

Module 8 (Kevin)