Kiryowa Kiwanuka

Come & Explain: Attorney General Summoned Over KCCA Advertising Taxes

By Our Reporter

Parliament’s Committee on Commissions, Statutory Authorities, and State Enterprises (COSASE) has summoned Attorney General Kiwanuka Kiryowa to explain delays in approving ordinances that would enable the Kampala Capital City Authority (KCCA) to impose taxes on advertising billboards around the city.

The summons follow concerns raised in the December 2023 Auditor General’s report, which criticized KCCA for failing to implement an ordinance for outdoor advertising, resulting in significant revenue losses.

Caleb Mugisha, KCCA’s Director of Legal Services, informed the Committee that despite KCCA’s efforts to begin collecting this revenue, obstacles at the Attorney General’s office have prevented the ordinances from taking effect. Mugisha detailed the timeline, noting that the outdoor advertising ordinance was passed by the Council on July 13, 2023, sent to the Minister of Kampala on July 18, 2023, and forwarded to the Attorney General on September 12, 2023, for scrutiny and clearance.

“Despite follow-ups, including a meeting on November 14, 2023, with the Directorate of Legal Affairs and multiple subsequent visits and phone calls, the ordinance remains unapproved,” Mugisha explained.

Ntungamo Municipality MP Yona Musinguzi called for collective action to resolve the issue, blaming the government for the delay. “Rampant posters are all over the city. If the Attorney General isn’t helping, we need a concerted voice because the city is littered with unregulated advertisements,” Musinguzi stated.

Nathan Itungo, the MP for Kashari South Constituency proposed a meeting with the Attorney General, emphasizing the urgency of the matter. “There are many screens on the streets at night, and their owners are unknown. We need to invite the Attorney General to resolve this issue urgently,” Itungo said.

MP Mpindi Bumali, the Persons With Disability Representative supported the proposal, stating, “We need to help KCCA by inviting the Attorney General. Without proper regulation, KCCA cannot effectively manage advertising.”

Vice Chairperson of COSASE, and Nakaseke Central  Constituency MP Allan Mayanja instructed the Committee clerk to invite the Attorney General and requested KCCA to provide evidence of their communications with the Attorney General’s office.

In July 2023, Deputy Speaker Tayebwa issued an ultimatum to KCCA to enact the outdoor advertising ordinance by the end of the month, criticizing the Authority for allowing advertisers to profit without contributing to city development.

KCCA has faced legal challenges from the National Outdoor Advertising & Contractors Association Ltd, which sought to quash KCCA’s decision to impose advertising rates, deeming them illegal. In April 2022, the High Court ruled in favor of the advertisers, mandating a refund of unlawfully collected fees since 2011.

Despite the ruling, KCCA has struggled to implement the 2019 outdoor advertising ordinance, missing out on significant revenue since April 2020.

During the meeting, Musinguzi also suggested resuming revenue collection from trucks and public service vehicles loading and offloading in the city, a practice previously managed by the Uganda Taxi Operators and Drivers Association (UTODA).

“We need to explore many sources of revenue. These vehicles contribute to road damage, and collecting fees from them could fund road repairs,” Musinguzi argued.

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