Nawangwe rejects School of Law advice on suspended lecturers

Makerere University Vice Chancellor, Prof Barnabas Nawangwe has rejected the legal advice on resolving the current impasse at the institution as given to him by the School of Law dons.

Makerere University School of Law had advised the Vice Chancellor to lift the suspension of association leaders in the university, in a four-page legal opinion dated January 25, 2019. The document endorsed by 20 law dons, described the suspensions as illegal, unconstitutional and unlawful.

It was in reference to the suspension of Bennet Magara and Joseph Kalema; both leaders of the Makerere Administrative Staff Association (MASA) and Dr Deus Kamunyu Muhwezi, the Makerere University Academic Staff Association (MUASA) chairperson, who were suspended for alleged misconduct and violation of the terms of their employment.

Their trouble stems from a letter to the University Secretary asking Management to stop meddling in the affairs of staff associations. The suspension has since paralyzed business at the university, two weeks into the new semester.

The School of Law dons observed that it was unconstitutional and unlawful for management to suspend or otherwise purport to discipline any leader of a staff association or union for any act done in furtherance of their staff association or union interests. The Dons hoped that by lifting the suspensions, it would be possible for the two sides to discuss staff grievances in a calm and peaceful atmosphere.

But in his response, Prof Nawangwe said that the legal opinion has no legal basis. He added that any such withdrawal would be a violation of the laws, policies and procedures governing the University.

Nawangwe also attached, in the response, an opinion by Makerere University Director Legal Affairs Henry Mwebe indicating that the Vice Chancellor acted within the law.

Mwebe cited Sections 31 (l)(a) and 55 of the Universities and Other Tertiary Institutions Act (UOTIA( and Section 5.9 (b) of the Human Resources Manual which give the Vice Chancellor the mandate to suspend any staff alleged to have breached the terms of his/her employment.

He added that in exercising his mandate of ensuring proper administration and governance of the University, the Vice Chancellor has jurisdiction over all human and financial resources of the University, including activities of staff associations and their members.

The university authorities say that the members of staff were not suspended for their involvement in matters related to their academic or intellectual work, rather, for misconduct, indiscipline and involvement in acts that breach the terms and conditions of their employment.

"We contend that academic freedom does not include insulting other people and breaching the University's governing laws. All rights come with responsibilities and while enjoying these rights, the rights holder should not breach the law or violate the rights of others," Mwebe observes.