Dysfunctional Legal System Stifles Operations At Makerere

SUMMARY:

  • A lecturer who pleaded guilty to sexual crimes continues to walk freely in the university’s premises.
  • Makerere University is not defended by the attorney general yet it is a public institution.

Makerere university operates upon innumerable loopholes in the various legislations including contradictions, inconsistencies and conflict of interest in the legal instruments.

According to Attorney General Kiwanuka Kiryowa, a review of these legislations is the only viable antidote to the unending mob justice that the university has repeatedly suffered.

Kiryowa made these remarks during a public lecture titled “A legal perspective on the role of governing councils in the management of higher education institutions”.

The lecture took place on February 9, 2022, at the Central Teaching Facility 2 auditorium, Makerere University and virtually through Zoom. It also streamed live on Makerere’s YouTube, Twitter and LinkedIn channels.

This lecture was the opening of the monthly-to-be Makerere@100 lecture series; they will go on until October 2022, the climax of the centenary celebrations. The series will involve the invited university alumni, staff and former leaders speaking about various topics of their choice.

 The event was chaired by Prof Christopher Mbazira, the principal of the school of Law, and moderated by Dr Sarah Ssali, the dean, school of Women and Gender Studies.

The Attorney General of Uganda, Kiwanuka Kiryowa

IMPUNITY AT ITS WORST

One of the most important cases he mentioned was of a lecturer who pleaded guilty to sexual crimes against his student. The lecturer continues to move around the university and picks half his salary monthly, despite a decision of the Appointments Board and the University Council to dismiss him and despite his contract having expired in February 2021!

The Staff Appeals Tribunal ordered the university to reinstate him pending conclusion of the case. According to Kiryowa, a case where someone pleads guilty is not supposed to be left pending under an impeccable justice system.

Vice chancellor Barnabas Nawangwe said they had to follow the order of the tribunal since it’s a court, but he clarified that after expiry of the lecturer’s contract, he was dropped from the payroll.

ILLEGAL INSTITUTES

Kiryowa pointed out that the university also maintains illegal institutes namely, the World Bank Centre in Crop Improvement, the World Bank Centre in Energy, and the Centre in Microbiology, among others

The university struggles with debts arising from legal suits, Kiryowa said. Nawangwe admitted that the debts the university owes to lawyers who defend it are, alone, above Shs 2 billion. He in fact asked the attorney general why Makerere is not defended by the attorney general yet it is a public institution.

Kiryowa answered that his chambers will defend Makerere if and when it asks for that service; he, however, warned that individuals who make negligent and or wasteful decisions will have to be appended to the case and bear the accruing responsibility.

EMINENT SERVICE RECOGNITION

Meanwhile, the university recognized Kiryowa and Doreen Nyanjura for their distinguished service to the University Council.

Council chairperson Lorna Magara handed over awards to them, in presence of Nawangwe. Kiryowa served on council from December 2018 to October 2021, while Nyanjura served from July 2016 to October 2021.