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Reading: EMMA BWAYO: What explains the role of RDCs in Uganda?
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Op-EdPolitics

EMMA BWAYO: What explains the role of RDCs in Uganda?

Watchdog Uganda
Last updated: 7th April 2022 at 09:13 9:13 am
Watchdog Uganda
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Emma Bwayo
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Article 203 of 1995 Constitution provides for the establishment of the office of the Resident District Commissioner and the roles provided for. They are:

a) To monitor implementation of Central and Local Government services in the District.

b) To act as Chairperson of the District Security Committee;

c) To carry out such other functions as may be assigned by the President or prescribed by Parliament by Law and

In addition Article 71 of the Local Government Act 1997 depicts the functions of the Resident District Commissioner as follows;

· Represent the President and the Government services in the district.

· Coordinate Government services in the district.

· Advise the district chairperson on matters of a national nature that may affect the district or its plans or programmes and particularly the relations between the district and the Government.

· Monitor and inspect the activities of local governments and, where necessary, advise the chairperson.

· Carry out such other functions as may be assigned by the President or prescribed by Parliament.

These functions are the guiding principles to the Office of RDC, DRDC in designing their work plans. For instance, in regard to monitoring Central and Local Government Projects, RDCs should interest themselves to know all government programmes running in their districts as well as the funds allocated to them.

From the Constitutional Amendment of 1995, we realize that RDCs should take lead in explaining government programmes and allocated funds to the people in various foras including use of the mass media now many in every district. By doing this, the RDCs will be carrying out civic empowerment of the citizenry and helping the public know the Government programmes and funds allocated to them so as to be able to demand for services offered by those programmes.

Creating awareness about how public resources are utilised and what programmes are being undertaken is not only a prerequisite for improving services delivery but a major tool of fighting corruption before it occurs.

Therefore, if all RDCs could concentrate on these major roles given to them by the Constitution, common cases of supplying air by contractors, shoddy works, theft of drugs in the hospitals, absenteeism of public servants, disappearance and diversion of OWC, EMYOGGA, UWEP, USE/UPE and now the Parish Development Model (PDM) funds etc, would not be occurring. The RDC’s office is the first anti-corruption office at district level.

National Security Council Act of 2000, under section 6 provides for establishment of District Security and Intelligence Committees chaired by the RDC.

As chairperson of the District Security Committee, RDCs generally liaise with other security actors to fight crime. At the Sub-county level, the LC3 chairperson chairs the security committee meetings and these should report their findings to the RDC at the Sub-county. So, RDCs have a structure across their districts that enable them handle security matters ably.

While the other organs like the military and police are better technically equipped and resourced to handle security matters at operational level, much more than the RDC, the reason why the RDC becomes the Chairperson of the Security Committee is for over all supervision, political coordination and mobilisation of the players involved. He or She provides leadership to the security actors.

Why should we continue talking about insecurities like the current situation in Karamoja yet this must be a clear role which they should perform. Therefore, the RDC should take lead in mobilising communities on matters like community policing to prevent crime, mechanisms of accessing justice and on other peace and security issues.

The Constitution mandates the RDCs to take on any other role prescribed to them by the President or by law made by Parliament. The President has been writing guidelines to RDCs and other political leaders from time to time as well as giving directives on some key areas on which to mobilize the population on, for example, COVID-19 pandemic, HIV/AIDS awareness, banana wilt disease, land fragmentation practices, illegal evictions, and enterprise selection, among many others. On the sad note, many RDCs have found themselves on wrong arm of this either by misinterpreting the delegated mandate or simply by assuming themselves more unconstitutional powers. Land evictions has majorly been blamed on them

These should be the main activities to pre-occupy the RDC on a day to day basis, in addition to the other roles mentioned above. RDCs should crusade the population to take heed of government guidance on such policy issues.

In 1987, for example, when scarcity of food was a threat, vigorous campaigns across the country calling for increased food production were carried out. The RDCs (SDAs then) took lead. Results later were very satisfying with production of both major food and cash crops shooting up. It is that campaign that sustained the culture of fighting hunger at the level of the house hold.

This was because back then SDAs were ill equipped with old vehicles and moreover covering big geographical areas in form of the old districts created an impact, why not you of today with slightly better mobility, capacity and covering small district (units)?

Besides me, the country is also aware that because of corruption, in our justice system and in other bureaucratic levels of government, some wananchi mainly with land dispute problems and facing unfair evictions by the rich come to petition the RDCs office, which they rightly see as the local district branch of the Office of the President. How should such cases be handled?

My advice is while you should continue to receive and handle those petitions, your roles should not be to replace courts by issuing judicial orders. You should study the petitions received from people on a case by case basis and offer to mediate between the parties involved in the dispute, especially if the parties are all local residents. In case you discover unfair treatment or denial of justice to one of the parties in the dispute on account of his or her status of being poor by the justice system, then you should approach the responsible offices to officially complain about the injustices discovered.

Complaints against Judicial officers can be forwarded to the Judicial Service Commission and to the DPP in the case of state attorneys and prosecutors. If it is a case of bribery, the RDC is in a better position to quietly work with the Police to have the suspect arrested, or refer the matter to the IGG and inform my office through the regular monthly reports for follow up.

RDCs should also always acquaint themselves with the basic provisions of the laws that further guide and support their work in addition to the Constitution, as this will help you to take informed decisions. Relevant Laws that you need to pick interest in include; first and foremost the Constitution, the Local Government Act, the Public Finance and Accountability Act, PPDA Act, the Land Act (as amended), the Penal Code Act, Leadership Code, the Anti – Corruption etc. In case you have difficulties in accessing these Acts, please make your requisitions to the Secretary, Office of the President. They will be made available, to your offices.

Cases of RDCs quashing court orders and the undue interference in court decisions and processes, choosing to take a partisan interest in any of those land conflicts brought before them and taking sides with one of the parties at the expense of the other, involving and interfering in procurement matters at district level are illegal and not in any way close to roles expected of an RDC. Office of the Presidency as well as the President will not tolerate these.

To me, the Office of the Presidency apart from appointing RDCs should fully investigate complaints filed against any RDC/DRDC and whoever is found culpable will be dealt with in accordance with the set Public Service disciplinary procedures. RDC/DRDC who will be found to have been falsely accused or maligned by the wrong doers as a result of his or her oversight (monitoring) work will be strongly supported by the office and commended. This will have checks and balances to some of these errant officers.

RDCs should therefore understand their Constitutional roles properly, do what is right and represent the President and Central Government effectively. Other leaders like LC V Chairpersons and Councilors on the other hand should also not interfere with RDC’s in conduct of their work especially when monitoring government projects. CAOs should not stubbornly deny RDCs information regarding Government projects so as to frustrate their monitoring functions.

To de-risk implementation of the same fashionable government programs and the potentiality of trespassing, other ministries that carry out programmes/projects of any nature in districts should always work with the RDCs so as to ensure that monitoring of that specific programme or project is done as demanded by the Constitution.

The Government departments and agencies should know that much as the RDCs are staff of the Office of the President, they are constitutionally empowered to work for and represent Central Government, ministries and agencies (MDAs) in general, in a district. So, all ministries and their agencies should work with RDCs as their first point of contact in a district, in addition to working directly with other relevant technical staff of the district. This is how collectively all MDAs will work and achieve results and avoid duplication sometimes.

Office of the Presidency should strongly support RDCs and DRDCs that remain focused on your mandates. RDCs should also not fear complaints being reported against them in my office or to the President. If RDCs are doing right at the annoyance of those offending the Government and doing shoddy public works, then they will be applauded and supported. But at the same time, we shall act strict on those of you who involve yourselves in activities outside their mandate.

RDCs are always expected to be at their stations all the time and not being partisan.

The appointing authority should only appoint educated, knowledgeable and technical RDCs who are expected to a file monthly report to the Office of the President without fail. This will help the third estate class of people to audit them in accordance with the Constitutional mandate, the received reports should be verified, these reports should not only capture how many opposition converts have the RDCs achieved in the opposition strongholds but also other viable government programs, government should take the necessary action and update on the actions taken in a timely manner. The reports should highlight the issues affecting the population, security status, corruption cases as well as performance of the government programmes and projects in their respective districts.

RDCs just like any other government workers also need retreats to accustom themselves with the operating systems of government and also understand the dynamism of our population, the political structure of our country and also on how to deal with the country which is just recovering from the COVID-19 pandemic.

Emma Bwayo.
Male Youth Councilor.
Namisindwa District Local Government


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