MPs’ academic papers woes: Who is to blame?

Kampala. It is just two months since the 10th Parliament opened and the High Court has thrown out of Parliament about six MPs for reasons related to lack of the required academic qualifications.
They are Lugazi Municipality MP Isaac Mulindwa Ssozi, Busiro South MP Peter Ssematimba, Oyam North MP and State minister of Defence Charles Okello Engola Macodwogo, Kamuli Municipality MP Rehema Watongola, Lwengo Woman MP Cissy Namujju and Katikamu South MP Edward Ssembatya, all of the ruling National Resistance Movement (NRM) party, although majority have appealed the High Court ruling.

This, however, is just the beginning since the High Court had by Wednesday disposed of just 34 of the 117 parliamentary election petitions currently being heard by more than 26 judges across the 13 court circuits.
And if the trend continues, according to political observers, Parliament will have more of its members leaving the house and this will in a way dent the image of National Council for Higher Education, (NCHE), Uganda National Examinations Board (Uneb) and the Electoral Commission (EC), the bodies charged with verification of academic qualifications.
It also means there could be other MPs whose academic credentials are under question but are in Parliament, hence denting the image of the national assembly.

Ms Namujju, for instance, failed to prove to the High Court that the academic credentials she carries are hers, while minister Engola was ejected over disparity in the names appearing on his academic qualifications.
Altogether, 13 lawmakers, 12 of whom belong to the NRM, have been shown the exit for reasons ranging from electoral malpractices, voter bribery and failure to retire from government jobs three months to nomination day as per the law.
Forum for Democratic Change’s (FDC) Lucy Aciro Otim, the MP for Aruu North Constituency, who previously contested as an Independent, is the only Opposition candidate that has so far tested High Court’s wrath having been ejected from the House over non-compliance with election laws.

According to the Constitution, those vying for election as President, Member of Parliament, LC5 chairperson, city and municipal mayors must have completed Senior Six (A-Level) or its equivalent.
Last year, NRM asked all its candidates vying for elective positions to pay Shs540,000 to have their academic credentials verified, arguing that this would help in the process of eliminating those without academic credentials.
The NRM party’s electoral body released a full list of their candidates they said did not meet the minimum requirements for their nomination, advancing reasons that ranged from presentation of fake academic documents, failure to retire from government jobs and late resignation, among others.

The list was pinned at the Kyaddondo NRM electoral commission offices in September last year.
They included former Luweero LC5 chairman Abdul Nadduli [now minister without Portfolio], former Lwengo NRM chairperson Muyanja Mbabali and now MP, Kibuku MP Saleh Kamba and former Gender and Culture minister Rukia Nakadama.
Others were Ms Gertrude Nakabira, Ms Agnes Nabirye, Ms Carolyn Birungi, Mr Ssekitolero, Wilfred Chemutai and Col Ibrahim Abiriga, among others, majority of whom said they were cleared by NCHE. Some have, however, made it to Parliament.
The party’s electoral commission chairperson, Mr Tanga Odoi, however, backtracked from liability, saying the NRM is a political party and not an examinations body.

Uneb, on the other hand, discouraged the whole idea, arguing that no one is obliged under the law to check the other’s academic qualifications without seeking authorisation from court, according to media reports.
Speaking to Saturday Monitor by telephone on Wednesday, Mr Odoi, however, maintained that it is Uneb which examines students in Primary Leaving Examinations, Uganda Certificate of Education and Uganda Advanced Certificate of Education.
“By law, we do not set examinations and verification of the MPs’ papers is by institutions which are by law allowed to examine and verify them,” he stated.

Getting Uneb to comment on the matter, the body’s publicist was quick to refer this reporter to the Electoral Commission.
“If MPs are disqualified on grounds of lack of academic qualifications, first find out what they submitted to EC before they were nominated. You will find that they presented degrees and diplomas during nominations. How do we come in as Uneb? For instance, if Ssematimba (Peter, Busiro County MP) is disqualified from Parliament when he presented a diploma or degree during nomination, Uneb is not responsible,” explains Mr Hamis Kaheru.
He said the body that equates qualifications too should be questioned.

“NCHE assesses whether what the MPs have submitted is an equivalent of O or A-Level for those that never sat for them since not all of them present A-Level,” he argued.
Uneb is mandated to certify and verify the academic credentials of whoever has gone through the Ugandan education system for as long as it is to do with certificates in primary, Ordinary Level and Advanced Level.
EC also passed the blame onto NCHE, saying the law is very clear on their core mandate.
“We avail a period for the public to have access to the nomination of those candidates and when there is a petition, we investigate and dispose it of. Nobody should push this role to Electoral Commission for it is not our core mandate but our additional effort,” said Mr Jotham Taremwa, the EC spokesperson..

The NCHE was established to implement the Universities and Other Tertiary Institutions Act 2001, with a core mandate of determining the equivalence of all types of academic and professional qualifications of degrees, diplomas and certificates obtained elsewhere with those awarded by Uganda institutions of higher education for recognition in Uganda.
When contacted, NCHE executive director, Prof John Opuda-Asibo, said he was busy in meetings and that the body was due to address the media.
However, two weeks ago, he defended the body on the approval of Mr Ssematimba’s qualifications, arguing that he found “nothing wrong” with Mr Ssematimba’s papers.
“I know about Ssematimba. He was cleared by NCHE. At least that is our submission. I don’t know whether anything has gone wrong with his papers. I am still waiting to read the judgment. Until we receive it, I don’t want to comment,” Prof Opuda said in an interview.

Politicians speak out
Mr Mathias Mpuuga, the Masaka Municipality MP, however, blames the MPs’ academic woes on the sinking level of impunity.
“Most losers are NRM. The level of impunity has permeated to the lower cadreship. The concern lies in what such characters do while in Parliament. Having come fraudulently, they can never legislate for posterity. They will fall over each other to appease their political gods. They are a danger to free and independent Parliament.”

Some independent thinkers blame the NRM party for shielding some candidates they consider as very loyal to the party even when they do not have the required academic qualifications.
But former Bugabula South MP, Mr Asuman Kiyingi, thinks otherwise.
“That is partly true but the ultimate legal responsibility is with the institutions. It is like blaming parties for bad court decisions allegedly because they are bribed. The people to blame are the MPs’ themselves, Uneb and the NCHE,” he said.

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