By Sania Babirye
Five justices of the Constitutional Court led by Kenneth Kakuru have dismissed a petition filed by teachers under their umbrella organisation Uganda National Teachers Union (UNATU) in which they had accused government of failing to give them a representative at the Kampala capital City Authority Council on grounds that it has been over taken by events.
This is after UNATU’s lawyer Lwemala Kafuzi informed court that his clients have instructed him to have the petition withdrawn following the enactment of the KCCA Act of 2019 that scrapped off the representation of professional bodies at KCCA and introduced general representation of Councillors .
As a result, KCCA did not object to the said submissions prompting the court to dismiss the said petition.
In 2013, UNATU sued KCCA challenging the exclusion from being represented to the Council saying it was discriminatory and inconsistent with the Constitution since other professional bodies like Uganda Institute of Professional Engineers, Uganda Medical Association, Uganda Law Society and Uganda Society of Architects were being represented
However, the then Executive Director for KCCA Jennifer Musisi in her affidavit that was opposing the case, she said that KCCA deliberately excluded teachers from representation on the KCCA council because UNATU being a union of teachers, is not incorporated under the Act of Parliament to have representation on the council .
Musisi had stated that KCCA does not employ teachers , but only supervises them when they are posted in government aided schools in the Capital Kampala.
She further explained that the terms and conditions governing the services of teachers are set by the Education Service Commission but not KCCA and asked court to have the case dismissed since UNATU was a mere union of teachers but not a statutory creature.