TI{E NEPT'BLIC Otr' UGASDA

THELOCALGOVERNMENTS(AMENDMENT)ACT,2020.

PARLIAMENT LIBRARY
PO BOX 7178. X^MPALA

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Aec No:.....
CALL NO:...
 THE NTPUBLIC Otr' UGAI{DA

PARLIAMENT LIBRARY
PO 8OX 717E. XAMPALA

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ACC NQ:.
C-ALL XO]

I stcNtrY mY assent to the bill'

President

Date of assent: .. 1+( g{u*:

 THE LOCAL GOVERNMENTS (AMENDMENT) ACI 2020

ARRANGEMENT OF SECTIONS

Sections

1. Amendment of Cap.243.
2. Amendment of section l0 of principalAct. PARLIAMENT LIBRARY
Po Rox 7178. XAIIPALA
Amendment of section 12 of principal Act.
4. Amendment of section 23 of principal Act. * 2 6 luo zozo *
5. Amendment of section 102 of principal Act. ACC NO:...
6. Repeal of section 103 of principal Act. CALL NO:...
7. Amendment of section 108 of principalAct.
8. Amendment of section I I I of principal Act.
9. Amendment of section I l3 of principal Act.
10. Insertion of section I l3A in principal Act.
ll. Amendment of section I l6 of principal Act.
12. Amendment of section 122 of principal Act.
13. Repeal of section 127 of principal Act.
14. Amendment of section 128 of principal Act.
15. Amendment of Part XII of principal Act.
t6. Amendment of Seventh Schedule to principal Act.
Act Local Governments (Amendment) Act 2020

T}TD REPUBLIC OF' UGAIVDA

PARLIAMENT LIBRARY
PO BOX 7178. XAMPALA

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ACC NO
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THE LOCAL GOVERNMENTS (AMENDMENT) ACT,2020

An Act to amend the Local Governments Act, Cap.243 to provide

for the creation of local governments and administrative units
at least six months before the due date for the next general
parliamentary and local government council electionsl to provide
for the demarcation of electoral areas; to prescribe the manner
of conducting campaigns; to bar persons not ordinarily resident
in a local government area from contesting for councillor for that
areal to prescribe the time within which to fill vacant positions
in a local government council; to provide for the procedure for
commencement of polls at each polling station and to align the
Local Governments Act with the provisions of the Constitution as
amended by the Constitution (Amendment) Act, 2018.

Drrp or Assexr

Date of Commencement

BE IT ENACTED by Parliament as follows:

1. Amendment of Cap.243.
The Local Governments Act, in this Act referred to as the principal
Act, is amended in section 7-
Act Local Governments (Amendment) Act 2020
(a) by substituting for subsection (9A) the following-

"(9A) Where a new local government or

administrative unit is created after the local government
council elections, the elections to fill the elective positions
in the newly created local government or administrative
unit shall be held at the next local government council
elections."; and

(b) by inserting immediately after subsection (9A) the

following-

"(9B) Where a new local government or

administrative unit is created after a general election,
the local government or administrative unit shall take
effect six months prior to the next general parliamentary
elections and local govemment council elections.

(9C) A new local govemment or administrative unit

shall commence on a date appointed by the Minister by
statutory instrument."

2. Amendment of section 10 of principal Act.

The principal Act is amended in section 10(1) by substituting for
paragraph (e) the following-

"(e) a woman councillor directly elected to represent each

electoral area in the district;"

3. Amendment of section 12 of principal Act.

The principal Act is amended in section 12 by repealing subsection
(2) (b).
Act Local Governments (Amendment) Act 2020
4. Amendment of section 23 of principal Act.
Section 23 of the principal Act is amended-

(a) in subsection (l), by substituting for paragraph (e) the

following-

"(e) a woman councillor directly elected to represent

each parish in the subcounty.";

(b) in subsection (2), by substituting for paragraph (e) the

following-

"(e) a woman councillor directly elected to represent

each parish in the division.";

(c) in subsection (3), by substituting for paragraph (e) the

following-

"(e) a woman councillor directly elected to represent

each parish in the municipality.";

(d) in subsection (4), by substituting for paragraph (e) the

following-

"(e) a woman councillor directly elected to represent

each parish in the municipal division.";

(e) in subsection (5), by substituting for paragraph (e) the

following-

"(e) a woman councillor directly elected to represent each

ward in the town council."
Act Local Governments (Amendment) Act 2020
5. Amendment of section 102 of principal Act.
Section 102 of the principal Act is amended-

(a) by substituting for subsection (1) the following-

"(l)
The Electoral Commission shall, by notice in
the Gazette, appoint a returning officer and an assistant
returning officer for each electoral district.";

(b) by inserting immediately after subsection (1), the

following-

"(1a) Notwithstanding subsection (1), the Electoral

Commission may, by notice in the Gazette, appoint
a returning officer and an assistant returning officer
for a municipality, city division or other area in an
electoral district as the Electoral Commission determines
necessary.";

(c) in subsections (2), (3) and (4), by inserting immediately

after the words "refurning officer" wherever the words
appear, the words "or an assistant returning officer";

(d) in subsection (3F

(i) by substituting for paragraph (a), the following-

"(q) has been found by a court to have participated

in election irregularities or illegal practices or
participated in the commission of an election
offence.";

(ii) by inserting immediately after paragraph (e), the

following-
PARLIAM ENT LIBRARY
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Act Local Governments (Amendment) Act 2020

"(0 is transferred from the district for which he or

she was appointed.";

(e) by inserting the following new subsections immediately

after subsection (3)-
"(3a) Where a returning officer vacates his or her
office in accordance with subsection (3), the assistant
retuming officer shall perform the functions of the
returning officer until a substantive returning officer is
appointed in accordance with subsection (4).

(3b) A returning officer may, in writing, delegate any

of his or her duties to the assistant returning officer."

6. Repeal of section 103 of principal Act.

Section 103 of the principal Act is repealed.

7. Amendment of section 108 of principal Act.

Section 108 of the principal Act is amended by substituting for
subsection (1) the following-

"( 1 ) Subject to article 1 8 1 of the Constitution, the Electoral

Commission shall demarcate local government electoral areas in
such a manner that the number of inhabitants in the electoral
area is approximately-
(a) one hundred thousand in the case of a city;
(b) thirty thousand in the case of a district;
(c) fifteen thousand in the case of a municipality or city
division;
(d) seven thousand in the case of a municipal division or
town; and
(e) twelve thousand in the case of a subcount5z."
Act Locol Governments (Amendment) Act 2020

8. Amendment of section 111 of principalAct.

Section 11 1 of the principal Act is amended-

(a) by substituting for subsection (3b) the following-

"(3b) is ordinarily resident in that district or city;";

(b) by repealing subsection (3c);

(c) by substituting for subsection (4) (b) the following-

"(b) is ordinarily resident in the municipality, town,

division, or subcounty;";

9. Amendment of section 113 of principalAct.

Section 113 of the principal Act is amended by substituting for
subsection (1) the following-

"(1) Where, after the close of nomination and before

closing of polls, a candidate dies, the election in the electoral
area shall be postponed and the Electoral Commission shall
declare another nomination day giving reasonable time to enable
new candidates to be nominated."

10. Insertion of section 113A in principal Act.

The principal Act is amended by inserting immediately after section
I13, the following-

"lL3A. Vacancy in council.

Subject to article 81 (3) of the Constitution, where there is a
vacancy in a council, the Electoral Commission shall hold a by-
election to flll the vacant position in the council within ninety
days from the occurrence of the vacancy."

11. Amendment of section 116 of principalAct.

Section 116 of the principal Act is amended-
Act Local Governments (Amendment) Act 2020

"(a) in subsection (2) by inserting immediately after paragraph

(e) the following-

"(f) is not ordinarily resident in that local government

area."; and

(b) by inserting immediately after subsection (5) the

following-

"(5a) Subsection (5) does not apply to persons representing

workers."

12. Amendment of sectionl22 of principalAct.

The principal Act is amended by substituting for section 122 the
following-

" 122. C andidates meetin gs.

(1) A candidate may hold individual public campaign
meetings in any part of the local goverlment electoral area for
which the candidate seeks an election, between seven o'clock in
the forenoon and six o'clock in the afternoon.

(2) Every candidate shall give a copy of his or her campaign

prograrnme to the retuming officer and the returning officer
shall ensure that campaign meetings by different candidates do
not coincide.

(3) The returning officer shall forward a copy of every

campaign programme submitted under subsection (2) to the
Electoral Commission.

(4) The returning officer may, after consultation with

all the candidates, organise one or more joint candidates'
campaign meetings for those candidates who consent to hold
such meetings.
Act Local Governments (Amendment) Act 2020
(5) A candidate or a candidate's agent authorised in writing
by the candidate to do so, may hold consultative meetings with
the candidate's campaign agents for the pu{poses of planning
and organising the candidate's election campaign.

(6) A candidate shall not hold any public campaign

meeting under subsection (1) except in accordance with the
prograrnme submitted by the candidate to the returning officer
under subsection (2).

(7) A candidate's agent may conduct campaign meetings

on behalf of the candidate and otherwise conduct any campaign
which the candidate is allowed to hold under this Act.

(8) A person who contravenes this section commits an

offence and is liable, on conviction, to a fine not exceeding forfy
eight currency points or imprisonment not exceeding two years
or both."

13. Repeal of section 127 of principalAct.

Section 127 of the principal Act is repealed.

14. Amendment of section 128 of principal Act.

Section 128 of the principal Act is amended-

(a) by substituting for subsection (8), the following-

"(8) The presiding officer at each polling station shall,

at the commencement of the poll, in the presence of at least
ten voters registered to vote at the polling station, open the
first ballot box, tum it upside down with the open top facing
down to ensure to the satisfaction of the voters present,
that the ballot box is devoid of any contents and shall
thereafter place the ballot box on the table in accordance
with subsection (5)(d); and where more than one ballot box
I

Act Local Governments (Amendment) Act 2020

is used after the first is filled, the same procedure shall be

followed in the full view of everyone present, prior to the
placing on the table, of any additional ballot box."; and

(b) by inserting immediately after subsection (8) the

following-

"(8a) A person who contravenes subsection (8)

commits an offence and is liable, on conviction, to a fine not
exceeding twenty-four curency points or imprisonment
not exceeding one year or both."

15. Amendment of Part XII of principal Act. PARLIAMENT LIBRARY

The principal Act is amended- PO UOx 7178. xAMPALA

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(a) by repealing the title to Part XII; and zozrt
ACC NO:
(b) by repealing sections 180 to 187. CALL NO

16. Amendment of Seventh Schedule to principal Act.

The Seventh Schedule to the principal Act is amended in Part 1 by
repealing paragraph 2 of Form EC 2.
 TIIE REPUBLTC Otr' T'GAtrDA

P
EN T LI B
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This printed impression has been carefully

compared by me with the bill which was
passed by Parliament and found by me to be a
true copy of the bill.

Clerk to Parliament

Date of authentication, d/ 9Y/42:2"