In Feb­ru­ary this year, the Speaker of Par­lia­ment re­ceived a pe­ti­tion by a con­cerned cit­i­zen re­gard­ing the fi­nan­cial loss caused by KCCA and she re­ferred the mat­ter to the Com­mit­tee on Com­mis­sions, Statu­tory Au­thor­i­ties and State En­ter­prises (COSASE). On the 17th March 2020, Eng. An­drew Ki­taka, the Act­ing Ex­ec­u­tive Di­rec­tor for Kam­pala Cap­i­tal City Au­thor­ity (KCCA) ap­peared be­fore COSASE over a pe­ti­tion by the con­cerned cit­i­zen that KCCA had caused a fi­nan­cial loss to Gov­ern­ment by mak­ing it con­tribute 10% to the Na­tional So­cial Se­cu­rity Fund (NSSF) yet some of­fi­cers em­ployed by KCCA are on per­ma­nent and pen­sion­able terms. The Com­mit­tee was chaired by Hon. Mun­yagwa Mubarak Sserung and Hon. Sse­mu­jju Nganda was the Lead Coun­sel.

Fol­low­ing the en­act­ment of the Kam­pala Cap­i­tal City Au­thor­ity Act 2010, KCCA was de­clared to be un­der the ad­min­is­tra­tion of Cen­tral Gov­ern­ment which im­plies that KCCA staff are in pub­lic ser­vice and thus reg­u­lated by the Con­sti­tu­tion and the Pub­lic Ser­vice Act 2008, Pen­sions Act Cap 286 and Pub­lic Ser­vice Stand­ing Or­ders.

From the pe­ti­tion, those em­ployed on lo­cal con­tract by the Ex­ec­u­tive Di­rec­tor and are rightly con­tribut­ing to NSSF are in ac­cor­dance with the NSSF Act as re­quired by the law. How­ever, those ap­pointed by the Pres­i­dent un­der ar­ti­cle 172 of the Con­sti­tu­tion and those re­cruited un­der Sec­tion 25 of the KCCA Act on con­tract but sub­ject to pay­ment of gra­tu­ity at the end of the con­tract are il­le­gally con­tribut­ing with NSSF and Gov­ern­ment has con­tin­ued to con­tribute 10% of monthly salary in ad­di­tion to pay­ing the gra­tu­ity at the end of their con­tracts which amounts to a dou­ble pay­ment.

While ap­pear­ing be­fore the Com­mit­tee, the KCCA Di­rec­tor said that there was ab­sence of a clear le­gal opin­ion on whether KCCA staff should or should­n’t re­mit NSSF con­tri­bu­tion and there­fore no staff was guilty of abuse of of­fice. In re­sponse, Hon. Ibrahim Sse­mu­jju Nganda as­serted that KCCA should have halted NSSF pay­ments since the Pub­lic Ser­vice Com­mis­sion had pointed out an am­bi­gu­ity in the staff ap­point­ment min­utes stat­ing lack of clar­ity in terms of em­ploy­ment con­tracts.

The Com­mit­tee Chair­per­son in­structed the Ex­ec­u­tive Di­rec­tor KCCA to re­turn to the Com­mit­tee to­gether with his staff, and the for­mer Di­rec­tor Dr. Jan­i­fer Mu­sisi to pro­vide clar­ity on why the in­sti­tu­tion paid NSSF for em­ploy­ees who had per­ma­nent and pen­sion­able con­tracts.