By Steve Masiga
Philosophers normally say that when two men meet, one thinks that he is more superior to the other. This analogy is exactly what is happening between the various RDCs and their juniors. It is only in criminal law, especially capital offenses, where the police can arrest somebody without an arrest warrant; case law directs for an arrest warrant before grabbing people.
The best way of manning a district as heads of the various security committees in the numerous districts is by directing how to respond to a particular malpractice in a school or hospital. This means the junior RDCs should furnish their findings to their seniors or to the security committee meetings.
Therefore, the issue of RDCs, and especially the new powerful assistants, ordering arrests of headteachers and other local government staff may be unlawful. It is procedurally proper to bring their observations before the security committee for discussion, and then appropriate action by the committee can be considered. But this chest-thumping may cause dangerous scenarios and ignite tensions.
There is a brewing war over superiority in the district, sometimes between the LCV Chairman and the Resident District Commissioner, where both the Assistant Resident Commissioners and even RDCs think that they are above the District Chairmen.
The District LCV Chairmen also claim RDCs should report to them. I hope the government has clarified this, or does this call for a constitutional interpretation? One may say this is trivial and does not require bothering the court over who is above the other. The political heads should lower their egos and serve the people, as that is the top reason behind their occupation of those offices.
I am absolutely cognizant of the fact that I may not have the necessary locus standi to whip Assistant Resident District Commissioners into their lane. However, my write-up is prompted by the mere fact that there is sufficient literature trending on various platforms in various districts, which is almost becoming a public nuisance. I recall with nostalgia a certain district where, whenever an RDC would order the arrest of public officers over corruption, his deputy was on standby to plead for their release. Imagine different standards from the same office.
Resident District Commissioners (RDCs) are appointed by the President on the authority of Article 203 of the Constitution, and their roles are clearly captured under Article 203(a)(b) of the same law, which includes monitoring both central and local government services in the district. On top of this, they are also supposed to act as chairpersons of the security committee in their districts, as per Article 203(b) supra.
If the above constitutional provision is analyzed, it shows RDCs or RCCs act as chairpersons of the security committee but are not working as chairpersons of the security committee on a daily basis. Another simple interpretation of the same is that they cannot be chairpersons of the security committee every day but only during the convening of meetings; short of that, they are mere administrators.
The framers of the law were also careful not to refer to them as chairmen or chairwomen of the district (city) security committees, but as chairpersons. Words are polysemous, as “chairman” may not carry the same weight as “chairperson.”
Social media has been recently awash with information that suggests bad blood between RDCs and their assistants in a number of districts, which I am hesitant to outline here for ethical and other considerations. Whereas RDCs are a creation of the Ugandan Constitution under Article 203, the assistant RDCs should closely consult their bosses in this case, the full RDCs before taking decisive actions like closing a school or arresting any public official.
It is therefore proper administrative practice for Assistant RDCs to refrain from making public pronouncements on anything that, in their wisdom, is against government policy. Instead, they should bring their findings or concerns, which they come across through monitoring, to the full RDCs for proper guidance and ownership so that the issue is blessed by the whole security team. For example, where such issues are discussed, a position can be adopted by the entire security team. The law does not designate the Assistant RDCs as deputy security heads either, though this may be inferred through practice.
Secondly, it is wrong for RDCs to act or carry themselves as military men daily. Ninety per cent of RDCs in Uganda are pure civilians and should stay so forever. I recall with sadness one RDC who, having since been relieved of duty, intimidated one lawyer around Mbale Town to the extent of saying, “I can shoot you.” RDCs are not clothed with the power to shoot anyone; rather, the gun should be treated as a weapon of enforcement, not for intimidation.
To help the newly appointed Assistant Resident District Commissioners (ARDCs) work smoothly with their senior comrades, who are virtually their bosses, it is better to choose teamwork over confrontation. It is common knowledge that both RDCs and Assistant RDCs, including substantive deputies, are appointed by the President. However, it is important to note that these appointments are made under various legislations, which may have some implications. One can casually argue that the Constitution and the Local Governments Act do not hold the same legal weight.
By law, all Deputy RDCs are appointed under the authority of the Local Governments Act, Section 72, and are categorized as employees of the RDC’s office. I am cognizant that these small concerns are already known to them, but it does no harm to emphasize this.
It is good administrative practice to discuss findings from the field while monitoring government programs and, secondly, to cross-check with other key players like the CAO, DEO, or any other relevant office instead of rushing headteachers and other officials into police cells. It is equally logical to consult widely, as you may end up making arrests over trivial issues, which may waste court resources.
Research findings indicate that 90% of civil servants arrested over maladministration win such cases in court. Therefore, my summative appeal to these new officers is to always consult their seniors before issuing a public statement or rushing to detain citizens. The police should also be vigilant on this matter, ensuring that there are litigable issues before making arrests.
Working as a team is much more beneficial than undermining each other as RDCs, reporting to State House or any other relevant office, and ensuring that the law is well-followed. For example, are RDCs allowed to arrest the corrupt, or should they inform the relevant organs charged with the mandate to fight graft?
The writer is a research and administrator from Mbale
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