SHC seeks arguments over devolution of SSWMB to municipality

Author: Staff Report

KARACHI: The Sindh High Court has directed Mayor Karachi Waseem Akhtar’s counsel to forward his arguments over whether the petition seeking devolution of Sindh Solid Waste Management Board (SSWMB) from provincial government to local government could be heard when the matter was sub judice before the apex court.

Advocate General Zameer Ghumro told the division bench, headed by Justice Munib Akhtar, that there was no such apex court’s court directing the provincial government to devolve SSWMB, but it was an observation, which was not a binding on the government.

The judges observed that it has to be determined whether the apex court had given such order and this court proceed with the case when it was sub judice before the top court.

The petitioner’s lawyer Faroogh Nasim contended that the apex court had ordered SSWMB’s devolution to local governments four months ago but its directives have not been complied with yet. “The provincial government is violating Article 140-A of the constitution of by not authorizing the local governments,” he added.

The hearing was adjourned till July 20.

City Mayor Waseem Akhtar had petitioned the high court, submitting that the board was created under Sindh Solid Waste Management Board Act, 2014 with functions to the needs of general public.

He quoted the Supreme Court’s order in which it had ordered the devolution of the board to local bodies under the rules of business in view of its below par performance. The petitioner maintained that despite the directives of the apex court steps were not being taken to transfer the SSWMB to the elected local representatives.

He pleaded to the judges to direct the authorities concerned to transfer all the assets falling under the umbrella of the Solid Waste Management Board Act, 2014 to the local government institutions.

The court was further requested to direct the respondents to give complete details of all the funds, which they had received for the purpose of solid waste management, how the same were spent, and to appoint a reputable auditor to find the facts.

Published in Daily Times, July 19th, 2017.