Introduction

The object of the Act is to reform the law relating to establishment and control of markets in Uganda; to provide for the establishment and management of public and private markets; to provide for licensing of private markets; to provide for registration of markets and vendors; to provide for levying and collection of market fees; to repeal the Markets Act, Cap. 94; and for related matters.

 Highlights of the Act

• For the purpose of administration of this Act; in Kampala Capital City, the administrative authority shall be the executive director; in a city, municipality or town, the administrative authority shall be the town clerk; in a district, the administrative authority shall be the chief administrative officer; in a city division or municipal division, the administrative authority shall be the assistant town clerk; in a subcounty, the administrative authority shall be the subcounty chief.
• The act makes provision for different categories of markets; permanent markets; temporary markets; and seasonal markets. Where a public market is established under this Act, the administration of the public market shall be in accordance with the Kampala Capital City Act, 2010 or the Local Government Act, Cap 245
• The act makes provision for a person who intends to establish a private market shall apply to a local authority under which the jurisdiction of the private market is to be established for authorisation and for a twelve months renewable licence. The responsible Minister shall, by regulation, prescribe conditions for grant of a licence for each category of a market under this Act and within twenty-one days from the date of application and on payment of the prescribed fee, grant a licence to the applicant.
• An administrative authority shall keep and maintain a register of all markets within his or her area of jurisdiction. The market register shall indicate the category of the market operated. An administrative authority shall, at the end of every financial year, update the market register
• The Act establishes a Market Management Committee in every market. The Committee shall be responsible for the general day to day management of a market. The administrative authority shall, within twelve months of establishment or licensing of a market, cause the election of the Committee.
• There shall be a market administrator for every market. The market administrator shall be appointed by the administrative authority in respect of the public market and private market operator for the private markets
• The act also penalises for breach of conditions of a licence. A person who operates a market in contravention of the conditions of the license issued under this Act, commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or imprisonment not exceeding one year, or both.
• Impersonation of a market administrator. A person who, not being a market administrator, takes or assumes the name, designation, character or appearance of a market administrator for the purpose of doing or causing to be done any act which he or she is not entitled to do, commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or imprisonment not exceeding six months, or both

Key Issues and analysis

The Market Act, 2021 provides for the emerging and important matters that have for so long affected public and private markets in urban centres in Uganda. The Market Act, 2021 repeals and replaces the Market Act, Cap 94. It addresses emerging issues including types of markets, licences, operations, offences, administration and management of all kinds of markets in Uganda. It also establishes a specialised units and bodies to handle enforcement the management of markets across districts in Uganda and lastly, creates new offences and greatly enhances the penalties both in monetary fines and custodial sentences.

Conclusion

This is an Act which provides for the establishment, management and administration of public and private markets; to provides for the categories of markets, licensing of private markets, registration of markets and vendors; provide for the determination and collection of market fees but most importantly repeal Cap 94 of the same law.