SSWMB devolution case: Provincial govt cannot assume local govt powers, argues MQM lawyer

Barrister Farogh Naseem accuses Sindh government of violating the Constitution

KARACHI: The Constitution defines the functions and responsibilities of the local governments, which cannot be usurped by any other institution or department.

This was argued by Barrister Farogh Naseem on Thursday, who was representing Karachi Mayor Wasim Akhtar in the Sindh High Court (SHC) in the Sindh Solid Waste Management Board (SSWMB) devolution case.

Arguing on the devolution of the SSWMB before the SHC bench, Barrister Naseem also questioned the provincial government establishing the solid waste management board, which was to perform the functions of the Karachi Metropolitan Corporation (KMC). The mayor had approached the court seeking transfer of the SSWMB roles and responsibilities to the KMC.



Barrister Naseem argued before the bench that the local governments were empowered by the Constitution to perform their functions and responsibilities since the 18th Amendment, which had abolished the concurrent list on subjects.

The Sindh government is bound under the Constitution to empower the local governments, argued Barrister Naseem, adding that the provincial government had established the SSWMB in violation of the constitutional provisions. The lawyer further argued that the functions and responsibilities of the local governments could not be transferred to any other institution or department of the provincial government.

The bench, headed by Justice Munib Akhtar, adjourned the hearing and directed the provincial advocate-general to present arguments on the next date of hearing.



Case history

The Karachi mayor had filed a petition in the SHC, in which he had maintained that the SSWMB was established under the Sindh Solid Waste Management Board Act, 2014, and was being run by the Sindh government since its establishment.

The mayor had referred to a Supreme Court verdict where it had been observed that the 'non-functional board [SSWMB] has never performed and should be dissolved to local bodies as provided under the rules of business'. He had contended that despite the directives of the SC, the relevant provincial authorities had not taken any step to transfer the functions of the board to the elected local representative bodies.

Akhtar had pleaded to the court to direct the relevant authorities to transfer all the assets falling under the umbrella of the Sindh Solid Waste Management Board Act, 2014, to the local government institutions.



He had further requested the SHC to direct the respondents to give complete details of all the funds, which they had received for the purpose of solid waste management and to appoint a reputable auditor to audit the financial matters of the board.